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HomeMy WebLinkAboutAgenda - Read Before Packet - 5/4/2021 - City Council Meeting Summary Agenda - May 4, 2021 - Amended May 4, 2021City of Fort Collins Page 2 PUBLIC PARTICIPATION (VIA PHONE) Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#). The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (IN PERSON) To participate in person, individuals should come to City Hall and be prepared to follow strict social distancing, sanitizer and facial covering guidelines. A limited number of individuals will be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting). Individuals will be required to wear masks while inside City Hall and any other City buildings being utilized. Individuals who wish to speak will line up at one of the two podiums available in Council Chambers, maintaining physical distancing by standing on the lines marked on the floor. Facial coverings need to stay in place while speaking. Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make room for the next speaker. PUBLIC PARTICIPATION (VIA EMAIL) Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com.If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Persons wishing to display presentation materials using the City’s display equipment under the Citizen 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. 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 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. 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 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. City of Fort Collins Page 3 Proclamations and Presentations 5:15 p.m. A. Proclamation Declaring May 2021 as Asian-American and Pacific Islander Heritage Month. B. Proclamation Declaring May 2021 as Building Safety Month. C. Proclamation Declaring May 2-8 as Drinking Water Week. D. Proclamation Declaring May 2021 as Fort Collins Historic Preservation Month. E. Proclamation Declaring May 2021 as Mental Health Awareness Month. F. Proclamation Declaring May 2-8, 2021 as Small Business Week. Regular Meeting 6:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the 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 the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and 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 his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 4 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City 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. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. 1. Consideration and Approval of the Minutes of the March 16, 2021 Regular meeting and the March 23, 2021 Adjourned meeting. The purpose of this item is to approve the minutes of the March 16, 2021 Regular meeting and the March 23, 2021 Adjourned meeting. 2. Second Reading of Ordinance No. 051, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Cultural Services & Facilities Fund from the Colorado Arts Relief Fund. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center operations. This appropriation includes $100,000 of grant revenues awarded on February 7, 2021, provided by the State of Colorado through the Creative Industries Division of the Office of Economic Development to support personnel or business expenses. 3. Second Reading of Ordinance No. 052, 2021 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities not Included in the 2021 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates $5,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation, visitor amenities and restoration of wildlife habitat, as well as other Natural Area Department stewardship activities to benefit the residents of Fort Collins. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 053, 2021, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and Tourism Programming. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates $252,818, of which $199,364 is proposed for 2021 Cultural Development and Programming Activities (Fort Fund) and $53,454 is proposed for 2021 Tourism Programming (Fort Fund) from a combination of Lodging Tax and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City for cultural development and tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections. Due to the 2020 pandemic, lodging tax revenues collected came in $595,613 below projected 2020 collections. 5. Second Reading of Ordinance No. 055, 2021, Authorizing Transfer of Funds from the Nature in the City Program and the Parks Department Operating Budget to the Spring Canyon Park Ponds Project. This Ordinance, unanimously adopted on First Reading on April 20, 2021, transfers $75,000 in funds that were previously appropriated in the 2021 Budget from the Nature in the City Program in the Capital Projects Fund and $20,000 in funds that were previously appropriated in the 2021 Budget from the Parks Department operating budget in the General Fund into the Capital Projects Fund for the Spring Canyon Park Urban Ponds Project. The proposed transfers of funds will pay for the design and construction of a bioswale and natural habitat system within the existing Spring Canyon Park that will improve wildlife habitat, reduce bacterial contamination of Spring Creek, provide an enhanced natural habitat within Spring Canyon Park and serve as an educational opportunity for the public to learn about natural treatment systems and the importance of minimizing waste input into natural streams. The total project cost is $95,000. 6. Second Reading of Ordinance No. 056, 2021, Authorizing the City Manager to Accept a Grant Award and Agree to the Terms of the Grant and Making Supplemental Appropriations for the Can Do Colorado E-Bike Program. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates funds to be later reimbursed by awarded grant funds and to authorize FC Moves to accept an awarded grant from the Can Do Colorado E-Bike Program and comply with the terms of that grant. 7. Second Reading of Ordinance No. 057, 2021, Making Supplemental Appropriations of Anticipated Revenue and Prior Year Reserves for the Epic Homes Program. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates $69,000 in grant funds from Bloomberg Philanthropies as part of the Bloomberg Mayor’s Challenge award, and $8,024 in interest earned on previous Bloomberg Mayor’s Challenge grant funds, from the Fort Collins Utilities Light and Power Fund to be expended for the ongoing project management and operations of Epic Homes Program by Utility Services and to pay a sub-grant to Colorado State University for indoor environmental quality research. The Bloomberg Philanthropies funds come from (1) the 2021 grant installment of $69,000 and (2) $8,024 in interest earned on advanced Bloomberg Philanthropies funds from the Bloomberg Mayor’s Challenge, as of December 31, 2020. Based on terms of the Bloomberg grant agreement, all advanced grant funds are subject to accruing interest, with such interest earned being reported on a semi-annual basis, and with such earnings used to further project goals as demonstrated in the agreement between Bloomberg and the City. 8. Second Reading of Ordinance No. 058, 2021, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received by City Give for Various City Programs and Services as Designated by the Donors. This Ordinance, unanimously adopted on First Reading on April 20, 2021, appropriates $42,264 in philanthropic revenue received through the City Give program. 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. City of Fort Collins Page 6 9. Second Reading of Ordinance No. 059, 2021, Further Amending the Land Use Code Regarding Exterior Lighting. This Ordinance, unanimously adopted on First Reading on April 20, 2021, adopts the Lighting Context Area Map that is part of the Exterior Lighting Code unanimously adopted by Council by Ordinance No. 040, 2021, on March 16, 2021, and to insert effective dates in two places in the Exterior Lighting Code. The map is an integral component of the Exterior Lighting Code but was inadvertently excluded in Council materials during its adoption. 10. Second Reading of Ordinance No. 060, 2021, Amending Ordinance No. 116, 2020, to Extend the Suspension of Certain Provisions of the City's Land Use Code to Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to the COVID-19 Pandemic. This Ordinance, unanimously adopted on First Reading on April 20, 2021, extends the end date described in Ordinance No. 116, 2020, which temporarily suspended certain provisions of the Land Use Code (LUC) to permit the temporary use of certain non-residential buildings for child care operations. The temporary suspension is set to end on May 28, 2021. This item would change the end date to August 31, 2021, to allow flexibility for remote summer school and other summer child care needs. 11. Second Reading of Ordinance No. 062, 2021, Approving the Addition of Permitted Uses Associated with the East Park District Maintenance Facility Major Amendment MJA200003. This Ordinance, unanimously adopted on First Reading on April 20, 2021, considers the Addition of Permitted Uses (APU) for a development plan located in the Urban Estate Zone District. The development plan is for a City of Fort Collins Parks Department maintenance facility comprising a building with office and shop space, an outdoor storage yard, parking, fencing, landscaping, and improvements to adjacent recreation trails. The applicant is the City of Fort Collins Parks Department. The Urban Estate Zone does not list the proposed office/shop and outdoor storage uses as Permitted Uses, and so the development plan is required to include a request for Addition of Permitted Uses pursuant to Land Use Code (LUC) Section 1.3.4. This APU involves a proposed use permitted in one or more of the City’s other zone districts and is proposed based solely on unique circumstances and attributes of the site and site development plan, which may be permitted under LUC Section 1.3.4(B). Pursuant to Ordinance No. 079, 2020, Council authorized the remote hearing of this item in Resolution 2020-093 and the applicant has consented to having this item heard remotely. 12. Second Reading of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located at Meadow Springs Ranch. This Ordinance, unanimously adopted on First Reading on April 20, 2021, sells 11.4 acres of vacant City-owned land to Daniel R. Thiel, who has offered to purchase it. The fair market value and negotiated purchase price is $13,680, and the deed contains a restriction prohibiting any advertising signs from being placed on the property. The sale is contingent on approval by Council. The close of escrow is expected to be May 18, 2021. Meadow Springs Ranch is operated by the City’s Utilities department, and it has no current or identified future use for this parcel. They concur that it is in the best interest of the City to eliminate potential maintenance and liability issues that may arise with respect to the property by selling it to Mr. Thiel. City of Fort Collins Page 7 13. First Reading of Ordinance No. 065, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Recreation Fund to Support Childcare Needs Due to the COVID-19 Pandemic. The purpose of this item is to accept and appropriate a $32,800 Child Care Relief Grant awarded by the State of Colorado into the Recreation Department’s 2021 budget. The grant funds will help offset the Recreation Department’s financial impacts resulting from the COVID-19 pandemic. 14. Items Relating to the State Highway 1 / Douglas Road Intersection Improvement Project. A. Resolution 2021–051 Authorizing Execution of the First Amendment to the Intergovernmental Agreement Between the City of Fort Collins and Larimer County for the State Highway 1/Douglas Road Signal Project. B. First Reading of Ordinance No. 066, 2021, Making a Supplemental Appropriation for the State Highway 1/Douglas Road Intersection Improvements Project. The purpose of this item is to enable the City to receive and expend reimbursement funds from Larimer County for constructing intersection improvements associated with the State Highway 1/Douglas Road Intersection Improvements Project. This item will authorize the Mayor to execute the First Amendment to the Intergovernmental Agreement for the State Highway 1/Douglas Road Signal Project dated May 7, 2019 (IGA) with Larimer County. This item will also appropriate $437,376 (to be reimbursed by the County under the IGA) in the Capital Projects Fund for the project. These funds will be used for the construction of a traffic signal and related intersection improvements at the State Highway 1 and Douglas Road intersection. 15. Items Relating to the Gil Boyer Annexation. A. Resolution 2021-052 Setting Forth Findings of Fact and Determinations Regarding the Gil Boyer Annexation. B. Public Hearing and First Reading of Ordinance No. 067, 2021, Annexing the Property Known as the Gil Boyer Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex a 9,800 square foot residential parcel located in northwest Fort Collins. The Initiating Resolution was adopted on consent, March 16, 2021. The property abuts North Taft Hill Road to the east and is situated 450 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road. The annexation area consists of a single-family home and several accessory buildings. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. 16. Public Hearing and First Reading of Ordinance No. 068, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gil Boyer Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area Map. 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. The purpose of this item is to zone the property included in the Gil Boyer Annexation into the Low Density Mixed-Use Neighborhood (L-M-N) zone district, Neighborhood Sign District, and LC1 Lighting Context Area. City of Fort Collins Page 8 17. Resolution 2021-054 Appointing Directors to Fill Vacancies on the Foothills Metropolitan District Board of Directors. The purpose of this item is to appoint three directors to the Foothills Metropolitan District Board of Directors (Board). In December 2020, the Foothills Mall, owned by Walton Foothills Holding VI LLC (Walton), went into foreclosure and a receiver was appointed by the courts to control the property during the pendency of the foreclosure (Receiver). As a result, two representatives of the Receiver became directors on the Board. In late 2020, Walton mistakenly transferred a parcel of real property to the Foothills Metropolitan District (District), in which property these two directors, as well as the Board’s other director, had a contractual interest. It was these directors’ contractual interests in the property that qualified them to serve on the District’s Board. The effect of this conveyance was to disqualify these three directors from serving on the Board resulting in a vacant Board. To remedy this, the disqualified directors have entered into a contract to purchase from Walton another parcel of real property within the Foothills Mall development. As a result, these three past directors are again qualified and willing to serve as directors on the Board if appointed by City Council. the property has been reconveyed to Walton, and tThe District is asking Council to adopt this Resolution to appoint these three past directors to serve again on the Board. State law authorizes Council to make these appointments when a metropolitan district’s board of directors becomes vacant in a situation like this, but it also requires the newly appointed Board to call within six months of its appointment for the nomination of new directors and to hold a special election for these offices. Without these temporary appointments, the District will be hindered from providing its services to the residents and businesses in the District. These appointments are also needed because Walton currently has a contract with McWhinney Enterprises (McWhinney) to sell the Foothills Mall to McWhinney and this sale cannot be completed until the District’s Board is fully operational. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 9 Discussion Items The method of debate for discussion items is as follows: Mayor introduces the item number, and subject; asks if formal presentation will be made by staff Staff presentation (optional) Mayor requests citizen comment on the item (three minute limit for each citizen) 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 citizens have an opportunity to speak. If attending in person, please sign in at the table in the back of the room. 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. First Reading of Ordinance No. 069, 2021, Amending the Zoning Map of the City of Fort Collins By Changing the Zoning Classification of the Hughes Stadium Annexation Property from the Transition District to Public Open Lands as Required by the Citizen-Initiated Ordinance Passed at the April 6, 2021, Regular Municipal Election. (staff: Brad Yatabe, Carrie Daggett; 10 minute presentation; 45 minute discussion) On April 6, 2021, Fort Collins’ voters passed the citizen-initiated ordinance requiring, among other things, that the City rezone the approximately 164.56-acre property that was subject to the Hughes Stadium Annexation from its current Transition District zoning to the Public Open Lands District. The rezoning ordinance is presented for Council adoption on First Reading. 19. Resolution 2021-055 Directing the City Manager to Investigate and Evaluate the Regulation of Areas and Activities of State Interest Pursuant to Powers Established in State Law Commonly Referred to as 1041 Powers. (staff: Paul Sizemore, Kelly Smith, Brad Yatabe; 10 minute presentation; 30 minute discussion) The purpose of this item is to consider a resolution that directs staff to develop a feasibility evaluation and proposal to implement 1041 regulations for areas and activities of state interest. This item is being brought to City Council because a councilmember requested more details on 1041 authority during the April 20, 2021 Council meeting. If Council adopts the Resolution, staff will investigate and evaluate ways in which 1041 powers and 1041 regulations may better allow the City to achieve its policy and regulatory goals and return to Council to report and discuss its findings. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. 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.) B. Consider a motion to adjourn into an executive session to discuss legal issues related to Hughes Stadium annexation property and real property acquisition: “I move that the City Council go into executive session for the purpose of discussing with the City’s attorneys and appropriate management staff: specific legal questions related to potential litigation regarding the citizen initiative requiring acquisition of the Hughes Stadium property and the manner in which the particular policies, City of Fort Collins Page 10 practices or regulations of the City related to that initiative and acquisition may be affected by existing or proposed provisions of federal, state or local law, pursuant to: o City Charter Article Roman Numeral Two, Section 11(2), o City Code Section 2-31(a)(2) and o Colorado Revised Statutes Section 24-6-402(4)(b); AND real property acquisition and disposition related to the Hughes Stadium property, pursuant to: o City Charter Article Roman Numeral Two, Section 11(3), o City Code Section 2-31(a)(3) and o Colorado Revised Statutes Section 24-6-402(4)(a).” ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.