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HomeMy WebLinkAboutACTION SUMMARY-07/18/2023-RegularCity of Fort Collins Page 1 of 9 City Council Summary Agenda City Council Regular Meeting Agenda July 18, 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 July 2023 as Smart Irrigation Month. Presented Proclamation. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL 4-3 EXCUSED: Councilmember Pignataro REMOTE: Councilmembers Peel and Canonico 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 9 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/ • 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 June 20, 2023 Regular Meeting. The purpose of this item is to approve the minutes of the June 20, 2023 regular meeting. Action Taken: Approved. City of Fort Collins Page 3 of 9 2. Second Reading of Ordinance No. 088, 2023, Making Supplemental Appropriations of Unanticipated Revenue for the Siphon Overpass Project. This Ordinance, unanimously adopted on First Reading on June 20, 2023, appropriates funds for the Siphon Overpass Project (Project), which will design and construct a trail overpass spanning the existing railroad tracks near the southwest corner of the Willow Springs neighborhood. This Ordinance will enable the City to receive and expend Multimodal Options Fund (MMOF) funds and Carbon Reduction Program (CRP) funds from the Colorado Department of Transportation (CDOT) and to appropriate those funds for the Project. This Ordinance will also appropriate an additional $750,000 in the Capital Projects Fund for the Project. Action Taken: Adopted on Second Reading. 3. Second Reading of Ordinance No. 089, 2023, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. This Ordinance, unanimously adopted on First Reading on June 20, 2023, is related to electric capacity fees imposed for the construction of new or modified electric service to add a 200-amp service option for multi-family developments. This additional service option will not impact existing customers or developments; rather, it will provide an alternative sizing option to the existing 150- amp multi-family service in Code today. Action Taken: Adopted on Second Reading. 4. Second Reading of Ordinance No. 090, 2023, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. This Ordinance, unanimously adopted on First Reading on June 20, 2023, extends the authorization for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization expired on June 1, 2023. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed by December 2023. This is the final request for an extension of authorization. Action Taken: Adopted on Second Reading. 5. Second Reading of Ordinance No. 091, 2023, Amending the Boundary of the Fort Collins Historic Landmark at 401 Smith Street, the Loomis-Jones Property, Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on June 20th, 2023, approves the property owners of 401 Smith Street, a City landmark designated in 2008, to seek a modification to the landmark boundary as listed in the designation ordinance to allow for subdivision of the property and construction of an additional home. After review and consideration of the proposal, the Historic Preservation Commission recommended approval of the boundary change at their April 19, 2023, hearing. Municipal Code 14-35 requires Council action within seventy-five days of this recommendation. Action Taken: Adopted on Second Reading. City of Fort Collins Page 4 of 9 6. Second Reading of Ordinance No. 092, 2023, Designating the Alexander and Emma Barry Farm Property, 232 East Vine Drive, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on June 20, 2023, is requesting a City Landmark designation for the Alexander and Emma Barry Farm Property at 232 East Vine Drive. In cooperation with the property owner, City staff and the Historic Preservation Commission (HPC) have determined the property to be eligible for designation under Standards 1, Events, 2, Persons/Groups, and 3, Design/Construction. Under Standard 1, the property is associated with the early settlement era of Fort Collins history, from the systematic removal of Native Americans for Anglo western land acquisition to the agricultural district that once existed just north of the historic core. Under Standard 2, this property is associated with early Anglo settlers and prominent farmers Alexander and Emma Barry, with acknowledgement of Native American occupation of the area before Anglo settlers. Under Standard 3, the farmhouse on this property is a good and rare example of an early farmhouse in this area and features Gothic Revival design elements. The owner is requesting designation, which will provide protection of the property's exterior and access to financial incentives for historic property owners. Action Taken: Adopted on Second Reading. 7. First Reading of Ordinance No. 093, 2023, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received Through City Give for Various Programs and Services as Designated by the Donors. The purpose of this item is to request appropriation of $56,974 in philanthropic revenue received through City Give in 2022 and 2023. 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 as per 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 First Reading. 8. First Reading of Ordinance No. 094, 2023, Appropriating Philanthropic Revenue in the General Fund Through City Give for Neighborhood Services for Community Workshops and the Creation and Distribution of a Neighborhood Business Guide. The purpose of this item is to appropriate $20,000 in philanthropic revenue for Neighborhood Services within the Community Development and Neighborhood Services Department of the Planning and Transportation services area. Neighborhood Services has been awarded a gift of $20,000 through the 2023 American Association of Retired Persons (AARP) Community Challenge with the designated intent to support healthy outcomes for residents’ homes and personal wellbeing through three one-day Homeowner Workshops, each at a different mobile home community in the City, including Skyline, North College and Hickory Village. The gift funds also will be used to create and distribute a neighborhood business guide to residents. Action Taken: Adopted on First Reading. City of Fort Collins Page 5 of 9 9. First Reading of Ordinance No. 095, 2023, Authorizing Expenditure of American Rescue Plan Act Funds for Affordable Housing Fee Credits as Specified. The purpose of this item is to provide previously appropriated American Rescue Plan Act (ARPA) funding for 5 units targeting forty percent (40%) Area Median Income (AMI) households at the Heartside Hill development. Council already appropriated $350,000 of ARPA funding for affordable housing fee credits, and this funding must be fully committed by 2024. Affordable housing fee credits have been approved administratively for 20 units serving households at thirty percent (30%) AMI or below, including 8 units at Heartside Hill. There are no additional thirty percent (30%) AMI units expected before the ARPA deadline to commit funds in 2024. Though fee credits for units up to sixty-five percent (65%) AMI are a presumptive eligible use of ARPA funds, the City’s fee credit policy as codified in City Code Article VIII, Section 7.5 requires Council approval for fee credits for any units serving income ranges above thirty percent (30%) AMI. This Council action would ensure that the remaining appropriated funds are used for their intended purpose as affordable housing fee credits. Action Taken: Adopted on First Reading. 10. First Reading of Ordinance No. 096, 2023, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of Vendor Services to Support the Replacement of the City’s Utilities Billing System. The purpose of this item is to consider an appropriation from the Light and Power, Water, Wastewater and Stormwater Enterprise Funds available reserves to implement a modern Utility Customer Information System – Customer Self Service Portal (CIS-CX) Solution. This appropriation request is the second, and final, request related to the new CIS-CX. In March 2023, Ordinance No. 036, 2023, appropriated $4,250,000 to begin the process of temporarily increasing staffing for the implementation while contract review and negotiations were being finalized. The City has now identified the Vendor of Choice, reviewed the functional requirements in detail with that vendor and negotiated terms of the contract sufficient to determine the amount of investment needed to successfully deploy a new CIS-CX. This appropriation request of $9,700,000 will provide the additional funding needed for all costs associated directly with the software deployment, software testing, training, and the organizational change management (OCM) associated with moving onto a modern CIS-CX. With this appropriation, the CIS-CX implementation will begin in October of this year and be fully operational by the end of 2025. The total amount being requested for appropriation here is $9,700,000 and is broken out as follows: Software as Service Implementation $3,250,000; Software Licensing through Implementation $2,400,000; Organizational Change Management (OCM) $1,500,000; Testing Protocol Development and Management $900,000; Training Development and Initial Training $900,000; and Business Process Analysis and Alignment $750,000. Action Taken: Adopted on First Reading. 11. Items Relating to Parking of Shared Mobility Devices and Electric Scooters. A. First Reading of Ordinance No. 097, 2023, Amending Sections 2002, 2106 and 2108 of the Fort Collins Traffic Code to Address the Parking of Shared Mobility Devices and Electric Scooters. B. First Reading of Ordinance No. 098, 2023, Repealing Chapter 24, Article VI, Parking of Shared Mobility Devices, of the Code of the City. City of Fort Collins Page 6 of 9 The purpose of this item is to add shared mobility devices and electric scooters to the Fort Collins Traffic Code regulations for parking of bicycles and electric bicycles, and also to repeal two sections of the City Code that separately relate only to parking of shared mobility devices and electric scooters. Action Taken: Adopted Both Ordinances on First Reading. 12. Items Relating to The Landing at Lemay Two Plan Amendment to the City Structure Plan Map and Rezoning. A. Public Hearing and First Reading of Ordinance No. 099, 2023, Amending the City’s Structure Plan Map. B. Public Hearing and First Reading of Ordinance No. 100, 2023, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as The Landing at Lemay Two Rezoning. The purpose of this item is to amend the City Structure Plan Map to change the land use designation of approximately nine acres of land east of the Lemay Avenue overpass over Vine Drive from the Industrial Place Type to the Mixed Neighborhood Place Type and rezone the property from the Industrial (I) District to the Medium Density Mixed Use Neighborhood (MMN) District. The site is a remnant area of Industrial zoning resulting from the first Landing at Lemay Rezone which was approved in February 2023. The rezoning request is subject to criteria in 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, which voted 7-0 on their consent agenda to recommend approval of the request at their May 2023 hearing. 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. Action Taken: Adopted Both Ordinances on First Reading. 13. First Reading of Ordinance No. 101, 2023, Designating the Emma Malaby Grocery Property, 313 North Meldrum Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The purpose of this item is to request City Landmark designation for the Emma Malaby Grocery Property at 313 North Meldrum Street. In response to an application from the property owner, Historic Larimer County, City staff and the Historic Preservation Commission have determined the property to be eligible for designation under City Code Section 14-22, Standards 1 – Events, 2 – Persons/Groups, 3 – Design/Construction, and 4 – Information Potential. The owner is requesting designation to ensure protection of the property's buildings and features and to gain access to financial incentives for historic property owners. Action Taken: Adopted on First Reading. City of Fort Collins Page 7 of 9 14. Resolution 2023-066 Approving an Exception to the Use of a Competitive Process for Biosolids Dewatering Polymer for the Drake Water Reclamation Facility. The purpose of this item is to request an exception to the use of a competitive bid process for a contract extension not to exceed five (5) years with Aqua Ben Corporation for purchase of biosolids dewatering polymer is being brought forward for consideration. The alternative is contrary to the City’s best interests for the following reasons: Selection of an alternative biosolids dewatering polymer would require modification of the Drake Water Reclamation Facility (DWRF) National Pollutant Discharge Elimination System (NPDES) permit by Colorado Department of Public Health and Environment (CDPHE). Modification of NPDES permits is prohibited when the status of a permit is administratively extended. The DWRF NPDES permit is in a status of administrative extension. Exception to the Competitive Bid or Proposal Rationale: Section 8-161(d)(1)b. Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City’s financial interest, or will substantially impede the City’s administrative functions or the delivery of services to the public. Action Taken: Adopted. 15. Resolution 2023-067 Authorizing the City Manager to Execute an Intergovernmental Agreement with Larimer County for the Funding of the Colorado Front Range Trail – Poudre River Trail Segment with the Great Outdoors Colorado (GOCO) Grant Reimbursement. The purpose of this item is to support the Intergovernmental Agreement (IGA) with the City and Larimer County for the Poudre River Trail segment grant. Larimer County, in partnership with Fort Collins, Timnath, and Windsor, received a $2.0 million grant from Great Outdoors Colorado (GOCO) for the completion of the remaining segments of the Poudre River Trail. The Grant will fund construction of gaps in the trail from Colorado State University’s (CSU) Environmental Learning Center (ELC) to River Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger Reservoir property. Funds from the award will be used to close two gaps of the Poudre River Trail within the City, one between Arapaho Bend Natural Area and the existing Timnath trail system on the east side of I- 25, and the other connecting the existing trail near Rigden Reservoir to CSU’s ELC. Alternative alignments are being explored for the segment of trail between Rigden Reservoir and the ELC (see attachment 2). Action Taken: Adopted. 16. Resolution 2023-068 Directing an Intergovernmental Agreement with Larimer County and Certification of Ballot Questions for the Municipal Election to be Conducted by Larimer County in Conjunction with the November 7, 2023, Coordinated Election. The purpose of this Resolution is to authorize the City Manager to enter into an Intergovernmental Agreement (IGA) with Larimer County for the conduct of the November election, and to direct the City Clerk to certify ballot content to the County no later than September 8, 2023. Both of these actions are required by State statute. Action Taken: Adopted. City of Fort Collins Page 8 of 9 17. Resolution 2023-069 Making an Appointment to the Northern Colorado Regional Airport Commission. The purpose of this items is to appoint Michael Williams as the Fort Collins appointed Citizen Member to the Northern Colorado Regional Airport Commission. Action Taken: Adopted. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR Adopted Consent Calendar: 4-0 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 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) • 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. 18. Items Relating to a City-Initiated Charter Amendment Relating to Referendum Requirements. A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 102, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Sections 2 and 5 of Article X of the City Charter Relating to Referendum and Petition Requirements. The purpose of this item is to set ballot language regarding proposed amendments to Sections 2 and 5 of Article X of the City Charter relating to referendum and petition requirements. City of Fort Collins Page 9 of 9 Following work with the Election Code Committee and through a Work Session on May 9, 2023, Council directed staff to bring forward a potential ballot option to amend the City Charter to reconcile contradictions in the referendum process. Any protest of the proposed ballot language must be received no later than Monday, July 17, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet. Action Taken: Adopted on First Reading 4-0 19. Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements. A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 103, 2023, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles II and IV of the City Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins. The purpose of this item is to set ballot language regarding the requirement that certain employees live in or near Fort Collins. Based on feedback from Councilmembers at the May 9, 2023, staff brings forward a potential ballot option to amend the City Charter to remove requirements that certain employment position types live in or near Fort Collins, allowing Council to establish any residency requirements by ordinance or by employment agreement for employees reporting directly to Council. Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. Any protest of the proposed ballot language must be received no later than Monday, July 17, 2023, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council’s “Read Before the Meeting” packet. Action Taken: Adopted on First Reading 4-0. 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.) Mayor Arndt suggested that staff prepare an action item for Council to consider at the Regular meeting on August 15 that would give Council the ability to enact and refer a resolution addressing changes to how occupancy is regulated. At least two additional Councilmembers expressed a desire to see that come forward as requested. Staff will prepare multiple options for Council to consider on the 15th. Q) ADJOURNMENT Adjourned at 7:10 p.m.