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HomeMy WebLinkAboutAgenda - Read Before Packet - 10/19/2021 - City Council Meeting October 19, 2021, Amended Summary Agenda - Amended October 18, 2021City of Fort Collins Page 1 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 City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Kelly DiMartino Tammi Pusheck City Attorney Interim City Manager Interim City Clerk Regular Meeting October 19, 2021 (Amended 10/18/21) PUBLIC PARTICIPATION OPTIONS There will be four options for people who would like to participate in the meeting: • Live via the Zoom online meeting, • Live via the telephone, • Live in Council Chambers, • By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. • If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. City 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 A) Proclamations and Presentations 5:00 p.m. A. Proclamation Declaring October 21, 2021 as a Day to Imagine a Day Without Water. B. Proclamation Declaring October as Domestic Violence Awareness Month. (This item has been amended to include community partners.) Regular Meeting 6:00 p.m. B) PLEDGE OF ALLEGIANCE C) CALL MEETING TO ORDER D) ROLL CALL E) 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. F) OPPORTUNITY FOR COUNCILMEMBERS TO PULL CONSENT CALENDAR ITEMS (COUNCIL- PULLED CONSENT ITEMS will be considered before Discussion Items.) G) OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO PULL CONSENT CALENDAR ITEMS (PUBLIC-PULLED CONSENT ITEMS will be considered after Discussion Items.) H) 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.] I) PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 4 J) 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. Second Reading of Ordinance No. 124, 2021, Appropriating Philanthropic Revenue Received by City Give for the Golf Division's Youth Golf Scholarship Fund. This Ordinance, unanimously adopted on First Reading on October 5, 2021, appropriates $7,500 in philanthropic revenue received from Ted and Marguerite Garfield by City Give for the Golf Division’s Youth Golf Scholarship Fund. The designated purpose of the gift is to generate enthusiasm, increase access, and promote participation in the game of golf among junior golfers (ages 17 and under) in the local community through City golf courses. 2. Second Reading of Ordinance No. 126, 2021, Amending Chapter 25 of the Code of the City of Fort Collins Relating to Sales and Use Tax to Advance Gender Equity. This Ordinance, unanimously adopted on First Reading on October 5, 2021, establishes an exemption from the City’s sales and use tax for menstrual care products, which is one of the 2021-2023 Council priorities to advance gender equity in the City’s Sales Tax Code. 3. Second Reading of Ordinance No. 127, 2021, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection and Enforcement of the City’s Sales and Use Tax and Requiring Marketplace Sellers and Marketplace Facilitators to Collect Lodging Tax. This Ordinance, unanimously adopted on First Reading on October 5, 2021, amends four sections in Chapter 25 of the City Code to provide clarification of certain enforcement mechanisms for untimely or deficient sales and use tax returns, and to establish that marketplace sellers and marketplace facilitators are required to collect and remit the City’s lodging tax. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 129, 2021, Designating the Portner Property, 201 South Loomis Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City Of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on October 1, 2021, adopts a landmark designation for the property at 201 South Loomis Avenue. In cooperation with the property owner, staff and the Historic Preservation Commission have determined the property to be eligible for designation under Standard 3, Design/Construction for the property's significance as a strong example of Free Classic Queen Anne architecture in the Loomis Addition. The owner is requesting designation, which will protect the property's exterior and access to financial incentives for historic property owners. 5. Second Reading of Ordinance No. 130, 2021, Adopting the City’s Wireless Telecommunications Master Plan as an Element of City Plan. This Ordinance, unanimously adopted on Second Reading on October 5, 2021, will adopt the Wireless Telecommunications Master Plan (the “Plan”) to address the growing demand for wireless service in the community and align local policies and regulations to be subsequently adopted with community preferences and recent state and federal legislation. The Plan provides goals, policies, and implementation strategies to inform recommended updates to the City’s Land Use Code and administrative policies to ensure the community can be more strategic during the review of new wireless communication infrastructure. 6. Second Reading of Ordinance No. 131, 2021, Vacating Portions of Stuart Street Right-of-Way, and Vacating All of Alabaster Court and Coromandel Circle Rights-of-Way, all as Dedicated on The Pulse P.U.D. Filing One. This Ordinance, unanimously adopted on First Reading on October 5, 2021, vacates portions of Stuart Street right-of-way and vacates all Alabaster Court and Coromandel Circle rights-of-way that were originally intended to be built in connection with the Pulse P.U.D. Filing One development. Pulse P.U.D. Filing One would have extended Stuart Street from its current termination west of Shields Street into its development but was never constructed and has since expired. With the approval of The Quarry by Watermark project in place of Pulse P.U.D. Filing One, private roadways instead of public streets would be constructed, no longer requiring the street rights-of-way. 7. First Reading of Ordinance No. 133, 2021, Making Supplemental Appropriations for Promotion and Education Regarding the SPIN E-Bike / E-Scooter Micro Mobility Share Program. The purpose of this item is to request an appropriation of $10,000 of unanticipated revenue received by the Transportation Services Fund from Skinny Labs, Inc., d/b/a SPIN (“SPIN”) in accordance with terms of the Services Agreement between the City and SPIN, the City’s e-bike/e-scooter share vendor. The funds will be used for promotion of and education about the e-bike/e-scooter program. 8. First Reading of Ordinance No. 134, 2021, Making Supplemental Appropriations in the General Fund for the Environmental Services Indoor Air Quality Programs from the US Environmental Protection Agency Grant. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Indoor Air Quality Programs. This appropriation includes $200,000 of grant revenues provided by the U.S. Environmental Protection Agency (EPA) to better address indoor air quality and health concerns for underserved community residents through enhanced indoor air quality and energy efficiency programs. City of Fort Collins Page 6 9. First Reading of Ordinance No. 135, 2021, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the East District Maintenance Facility Project and Related Art in Public Places. The purpose of this item is to appropriate additional funding for the East District Maintenance Facility. An additional appropriation of $1.2 million is needed for the East District Maintenance Facility, proposed to be constructed near the intersection of Drake & Ziegler. The maintenance facility will house equipment and staff for the East Park District, which includes multiple parks on the east side of the City. The additional appropriation is needed to fund necessary elements of the project, as well as to account for material cost escalations which are largely the result of the COVID-19 pandemic. Additional appropriations will come from dedicated park impact fees. 10. First Reading of Ordinance No. 136, 2021, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements for the South College Avenue-Trilby Road Intersection. The purpose of this item is to request Council to authorize the use of eminent domain, if deemed necessary, to acquire property interests needed for constructing improvements for the project. 11. Items Relating to the Purchase and Sale Agreement for City Owned Land at 3620 Kechter Road. A. First Reading of Ordinance No. 137, 2021, Declaring Certain City-Owned Property at 3620 Kechter Road as Road Right-of-Way. B. First Reading of Ordinance No. 138, 2021, Authorizing the Conveyance of City-Owned Property at 3620 Kechter Road to Kechter TWG, LLLP. The purpose of these two ordinances is to dedicate as right-of-way a two-foot strip of land on a parcel of City property at 3620 Kechter Road that is already being used for a public sidewalk, and to authorize conveyance of the 5-acre parcel to Kechter TWG, LLLP (TWG). The City purchased this property in 2002 as part of the Affordable Housing Land Bank program. Since its purchase, the City has leased this 5-acre property for residential/horse uses. This sale will result in the development of 54 permanently affordable for-sale townhomes. This project furthers Council’s long stated priorities for affordable and achievable housing. The Council Finance Committee heard this item at their March 2021 meeting and indicated support for the sale of this property for $25,000. 12. Resolution 2021-096 Approving an Intergovernmental Agreement Between the City of Fort Collins and the United States Drug Enforcement Administration to Staff an Anti-Narcotics Trafficking Taskforce. The purpose of this item is to obtain approval for an Intergovernmental Agreement between the City and the United States Drug Enforcement Administration (DEA) to station one Fort Collins Police Services (FCPS) police officer with a DEA anti-narcotics trafficking taskforce headquartered in Denver. 13. Resolution 2021-097 of the Council of the City of Fort Collins Making Findings of Fact and Conclusions of Law Regarding the Mountain Ridge Farms HOA Appeal of Excess Water Use Surcharge. The purpose of this item is to make findings of fact and conclusions regarding the appeal of the Fort Collins Utilities hearing officer decision to deny a request to waive excess water use surcharges imposed pursuant to City Code Section 26-149(d) that were incurred during 2020 for a Fort Collins Utilities sprinkler account located at 1103 Wabash Street, owned by the Mountain Ridge Farms HOA. The appeal was heard by Council on October 5, 2021. At the conclusion of the hearing, Council determined that; 1. the Appellant based its request for relief in the Notice of Appeal exclusively on City Code Section 26-721(4)(b), which concerns water meter failures; 2. there were no water meter failure issues in this appeal; and 3. the Utilities Hearing Officer properly interpreted City Code Section 26-721(4)(b); and voted to deny the appeal. City of Fort Collins Page 7 14. Resolution 2021-098 Making an Appointment to the Planning and Zoning Commission. The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Commission. END CONSENT VOTE ON 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 A. Community Greenhouse Gas Inventory (Honore Depew, Adelle McDaniel) B. Municipal Greenhouse Gas inventory and Municipal Sustainability Report (Honore Depew, Michelle Finchum) M) COUNCILMEMBER REPORTS N) CONSIDERATION OF CITY MANAGER AND COUNCIL-PULLED CONSENT ITEMS O) 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. City of Fort Collins Page 8 15. Items Related to the Establishment of 1041 Regulations. (staff: Caryn Champine, Paul Sizemore, Kelly Smith; 10 minute presentation; 30 minute discussion) A. Second Reading of Ordinance No. 122, 2021, Designating Certain Activities as Matters of State Interest and Imposing a Moratorium on the Conduct of Such Activities Until City Council Makes a Final Determination Regarding the Adoption of Guidelines for the Administration of Such Activities. B. Second Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support Completion of the 1041 Regulations Project. These Ordinances, adopted on First Reading on September 21, 2021, by a vote of 5-1 (Nay: Peel), initiate and appropriate funds for the development of 1041 Regulations by holding a public hearing to designate activities of statewide interest, and to appropriate funding to support project completion. The ordinance designates the following activities: 1. Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; and 2. Site selection and construction of arterial highways and interchanges and collector highways. Specific reference to a moratorium is included in the designation ordinance until Council adopts regulations to administer the above two activities. 16. Items Relating to Updated Council Meeting Rules and Procedures. (staff: Ginny Sawyer, Tammi Pusheck, Carrie Daggett; 5 minute presentation; 15 minute discussion) A. Second Reading of Ordinance No. 132, 2021, Amending Article II, Division 2 of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Conduct of City Council Meetings. B. Resolution 2021-093 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. This Ordinance, adopted on First Reading on October 5, 2021, by a vote of 4-3 (Nays: Gutowsky, Ohlson, Peel), updates the Rules of Procedure for Council meetings and work sessions to simplify and update meeting procedures, to modify provisions for removal and consideration of items from the consent calendar and to clarify when the use of remote technologies is permitted. The Resolution was postponed to October 19 to allow additional updates. 17. Resolution 2021-099 Approving First Amendment to Agreement to Secure Public Benefits for the Northfield Development. (staff: Clay Frickey; 5 minute presentation; 20 minute discussion) The purpose of this item is to consider a modification of the Agreement to Secure Public Benefits for the Northfield Development (Public Benefits Agreement). The Public Benefits Agreement was approved by Council in June 2020 and contemplates the developer of the Northfield development will provide certain public benefits identified in it, including affordable housing. The Northfield developer has partnered with Mercy Housing (Mercy), a provider of affordable housing nationwide, to build affordable rental housing units that would provide the affordable-housing benefit as contemplated in the Public Benefits Agreement. Mercy has obtained approval from the Planning and Zoning Commission for 84 units of affordable housing. This housing exceeds the requirements of the Public Benefits Agreement, which requires only 65 units. However, Mercy is requesting that the Public Benefits Agreement be modified to accommodate the financing Mercy needs for the project. The lender Mercy wishes to use to finance the project requires a modification of the Public Benefits Agreement before the lender will fully fund the project. The modification would allow the lender, if Mercy defaults on its loan and the lender forecloses on the project, to rent the affordable housing units to households earning 80% Area Median Income (AMI) rather than the 60% of AMI currently required in the Public Benefits Agreement. Staff supports this modification for the following reasons: City of Fort Collins Page 9 • It will ensure the rental units remain affordable even if foreclosure occurs. • Mercy will deliver 84 affordable units rather than the 65 required under the Public Benefits Agreement. • By proceeding now, Mercy will deliver the affordable units at the beginning of Northfield’s development. • The risk of foreclosure is low as only 0.65% of properties using Low Income Housing Tax Credits enter foreclosure per a recent survey of property owners of 21,000 units that used Low Income Housing Tax Credits. • Mercy has also never had a property it owns or developed enter foreclosure. 18. Sam's Club Fuel Station Appeal. (staff: Paul Sizemore, Clark Mapes; 10 minute presentation; 2 hour hearing) The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the “Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (APU) for a Sam’s Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast corner of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use Code. On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition, Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance of the August 4, 2021, hearing before Council. Council approved the motion to continue the appeal hearing until October 19, 2021. P) CONSIDERATION OF PUBLIC-PULLED CONSENT ITEMS Q) 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.) R) 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.