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HomeMy WebLinkAboutAgenda - Read Before Packet - 4/5/2022 - April 5, 2022 City Council Meeting Summary Agenda - Amended April 3, 2022City 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 Anissa Hollingshead City Attorney Interim City Manager City Clerk Regular Meeting April 5, 2022 (Amended 4/3/22) 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 be prepared to follow strict social distancing, sanitizer and facial covering guidelines.  A limited number of individuals may 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 may 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.  Once a speaker has provided comments, they may 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 Public Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. 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 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 970.221.6515 (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 April 2022 as Local Music Appreciation Month. B. Proclamation Declaring the Week of April 3-9, 2022 as National Library Week. C. Proclamation Declaring April 2022 as Sexual Assault Awareness Month. D. Proclamation Declaring April 2022 as National Donate Life Month. Regular Meeting 6:00 p.m. B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL E) AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review including removal of items from Consent Calendar for individual discussion.  COMMUNITY REPORT: Poudre River Library District 2021 Report to the Community (Diane Lapiere, Executive Director) F) PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an item from the Consent Calendar for individual discussion.) Individuals may comment regarding any topics of public concern, whether or not included on tonight’s 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 asked to sign in at the table in the lobby (for recordkeeping purposes).  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 of the same agenda item.  All speakers will be asked by the presiding officer to identify themselves by raising their hand (in person or using the raise hand option on Zoom), 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, 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 to speak has ended. [**For questions about the development review process or the status of any particular development, consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 970.221.6515.] G) PUBLIC COMMENT FOLLOW-UP H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION City of Fort Collins Page 4 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 M) 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 March 1, 2022 Regular Meeting. The purpose of this item is to approve the minutes of the March 1, 2022 Regular meeting. 2. Second Reading of Ordinance No. 030, 2022, 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 March 1, 2022, appropriates $35,407 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. 3. Second Reading of Ordinance No. 031, 2022, Making Supplemental Appropriations of Grant Funds from the State of Colorado Child Care Operations Stabilization and Workforce Sustainability Grant Program. This Ordinance, unanimously adopted on First Reading on March 1, 2022, accepts grant funding from the State of Colorado provided through the American Rescue Plan. The Child Care Operations Stabilization and Workforce Sustainability grants program will fund childcare enhancements in City Childcare programs. 4. Second Reading of Ordinance No. 033, 2022, Authorizing Transfers of Appropriations for Art in Public Places for Intersection Improvements on U.S. Route 287 (College Avenue). This Ordinance, unanimously adopted on First Reading on March 1, 2022, enables the City to transfer previously appropriated Community Capital Improvement Program (“CCIP”) funds to satisfy the City’s Art in Public Places (“APP”) program contribution requirements. This item will also authorize the Mayor to execute an Intergovernmental Agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”) for the improvement of three intersections along U.S. Route 287 (College Avenue). This item will enable the City to receive and expend federal Surface Transportation Block Grant (STBG) funds for the design and construction of improvements to address traffic signal deficiencies located at the following intersections along US 287 (hereafter referred to as the “Project”): Columbia Road and South College Avenue (highest priority) Pitkin Street and South College Avenue (high priority) Harvard Street and South College Avenue (medium priority) City of Fort Collins Page 5 5. Second Reading of Ordinance No. 034, 2022, Appropriating Prior Year Reserves from the Light and Power Fund for Use in the Connexion Account to Complete the Connexion System Construction and Customer Ramp Up and Providing for Future Cost Recovery. This Ordinance, unanimously adopted on First Reading on March 1, 2022, appropriates prior year reserves from the Light & Power Fund for use in completing the Connexion system construction and customer ramp up. Updated construction cost and timing estimates were completed in late 2021 which indicated a funding need of approximately $20 million to build out the network by mid-2022. Staff has evaluated the financing options available to meet this funding need and proposes to use $20 million from available Light & Power reserves to allow for completion of the network buildout. These funds will be reimbursed to the Light & Power Fund (including interest) from the cash flows generated by the Connexion operations. Staff met with the Council Finance Committee on February 4, 2022 and received support for this proposal. The Ordinance has been amended between first and second reading to reflect that this appropriation will not lapse at the end of this fiscal year since it is an appropriation for a capital project. Article V, Section 11 of the City Charter provides that Council may designate in an ordinance making an appropriation for a capital project that such appropriation does not lapse at the end of the fiscal year but continues until the capital project is completed. This designation for a non-lapsing appropriation was inadvertently not included in the Ordinance on first reading. 6. First Reading of Ordinance No. 035, 2022, Reappropriating Funds Previously Appropriated in 2021 That Were Not Expended or Encumbered in 2021. The purpose of this item is to reappropriate monies in 2022 that were previously authorized by Council for expenditure in 2021 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2021 because: There was not sufficient time to complete bidding in 2021 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies; or The project for which the dollars were originally appropriated by Council could not be completed during 2021 and reappropriation of those dollars is necessary for completion of the project in 2022. Additionally, there may have been sufficient unspent dollars previously appropriated in 2021 to carry on programs, services, and facility improvements in 2022 for those specific purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2021 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund 756,031 Data & Communications Fund 106,500 Transportation Fund 52,825 Keep Fort Collins Great Fund 26,008 TOTAL $941,364 7. First Reading of Ordinance No. 036, 2022, Appropriating Philanthropic Revenue Received Through City Give for the Fort Collins Senior Center. The purpose of this item is to appropriate $50,672 in philanthropic revenue received through City Give for the Senior Center, Recreation. The charitable revenue is a distribution from an endowed fund held by the Community Foundation of Northern Colorado for the sole benefit of the Senior Center, City of Fort Collins. The current value of the endowment is $718,970. The fund’s earnings are distributed at the City’s request per the terms of the fund’s governance. City of Fort Collins Page 6 8. First Reading of Ordinance No. 037, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Midtown Infrastructure Projects Thirty Percent Design Project and Related Art in Public Places. The purpose of this item is to appropriate $150,000 in Transportation Capital Expansion Fee (“TCEF”) reserves and $150,000 in General Fund reserves to complete the thirty percent design threshold for the Midtown Infrastructure Projects, which are based on the City’s Midtown Plan and the Midtown in Motion plan. Staff proposes a partnership with the Midtown Business Improvement District (“MBID”) to complete the Midtown Infrastructure Projects Thirty Percent Design Project (the “Project”). MBID already has allocated $200,000 to spend toward the Project, but a total of $500,000 is required to meet the thirty percent design threshold. An intergovernmental agreement with MBID for the Project is being prepared and will be presented to Council for approval by Resolution at or after second reading of this Ordinance and funds appropriated under this Ordinance will not be expended until such an agreement is in place. 9. First Reading of Ordinance No. 038, 2022, Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Natural Areas Fund and appropriating those funds in the Natural Areas Fund. The purpose of this item is to appropriate reserves in the Sales and Use Tax Fund, transfer them to the Natural Areas Fund and appropriate those funds in the Natural Areas Fund. These are funds due to the Natural Areas Fund through the ¼ cent Open Space Yes! ballot measure. 10. First Reading of Ordinance No. 039, 2022 Amending Chapter 10 of the Code of the City of Fort Collins Regarding Additions and Substantial Improvements in FEMA-Designated Floodplains. The purpose of this item is to adopt a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. Under the new provision, the applicant will have two choices when proposing to build an addition in a FEMA floodplain: 1. Design and certify the addition as “structurally independent” and elevate the addition. The cost of the addition will not be included in the calculation of substantial improvement. 2. Include the addition in the calculation of substantial improvement. The addition will be required to be elevated. If the value of improvements, including the cost of the addition, is more than 50% of the value of the structure, then the existing structure will be considered substantially improved and will need to be protected. 11. Items Related to the Bobcat Ridge Expansion Conservation Project. A. Resolution 2022-039 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County to Partner on the Purchase of a 675-acre Property Adjacent to Bobcat Ridge Natural Area. B. First Reading of Ordinance No. 040, 2022, Authorizing the Conveyance to Larimer County of a Conservation Easement and a Right of First Refusal on Property to be Acquired by the City and the Existing Bobcat Ridge Natural Area as Part of the Bobcat Ridge Expansion Conservation Project. The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer County for the Bobcat Ridge Expansion Conservation Project. The Project will conserve 675-acres in fee adjacent to Bobcat Ridge Natural Area. The Ordinance will authorize the conveyance of a conservation easement on 3,280-acres to Larimer County encumbering the 675-acre property to be acquired and the existing 2,605-acre Bobcat Ridge Natural Area. City of Fort Collins Page 7 12. First Reading of Ordinance No. 041, 2022, Adopting a Development Agreement Extending the Term of Vested Rights for the Mulberry & Greenfields Planned Unit Development Master Plan. The purpose of this item is to consider the development agreement regarding the Mulberry & Greenfields Planned Unit Development (PUD) Master Plan to extend the term of vested rights from three years to fifteen years. If this item is pulled off the Consent Calendar, the process for considering the Ordinance will be as follows: City Staff presentation Applicant presentation (suggested time: 10 minutes) Public comment Council deliberation 13. First Reading of Ordinance No. 042, 2022, Authorizing the Execution of a First Amendment to Site Lease with T-Mobile West, LLC (T-Mobile) at City Park North Ballfield. The purpose of this item is to authorize the City Manager to execute an amendment extending the existing T-Mobile cell site lease at the ball fields at City Park. The amendment would extend the lease for an additional 5-year term from March 9, 2023, to March 8, 2028. T-Mobile has leased the site from the City since 2001 and the current lease term expires March 8, 2023. Annual rent received by the City will increase from $20,736 to $24,000 for the first year of the 5-year term with 3% increases every year afterwards. 14. Resolution 2022-040 Ratifying the Appointment of Anuja Riles and Randyn Heisserer-Miller to the Poudre River Library District Board of Trustees. The purpose of this item is to make appointments to the Poudre River Library District Board of Trustees. Anuja Riles and Randyn Heisserer-Millerser will be appointed to a first term. END OF CONSENT CALENDAR I) ADOPTION OF CONSENT CALENDAR J) CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. K) STAFF REPORTS - None L) COUNCILMEMBER REPORTS M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION City of Fort Collins Page 8 N) 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 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. 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. 15. Resolution 2022-041 Making an Appointment to the Platte River Power Authority Board. The purpose of this item is to appoint a new City representative to the Platte River Power Authority Board to fill the vacancy created by Councilmember Pignataro’s resignation from the Board. 16. Items Related to the Adoption of the 2021 International Building Codes, the Colorado Plumbing Code, and Local Amendments. (staff: Kirk Longstein; 10 minute presentation; 30 minute discussion) A. Second Reading of Ordinance No. 021, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Building Code and Adopting the 2021 International Building Code, with Amendments. B. Second Reading of Ordinance No. 022, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Energy Conservation Code and Adopting the 2021 International Energy Conservation Code, with Amendments. C. Second Reading of Ordinance No. 023, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Residential Code and Adopting the 2021 International Residential Code, with Amendments. D. Second Reading of Ordinance No. 024, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Existing Building Code and Adopting the 2021 International Existing Building Code, with Amendments. E. Second Reading of Ordinance No. 025, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Swimming Pool and Spa Code and Adopting the 2021 International Swimming Pool and Spa Code, with Amendments. F. Second Reading of Ordinance No. 026, 2022, Amending Chapter 5, Article II, Division 3 of the Code of the City of Fort Collins for the Purpose of Repealing the 2006 International Property Maintenance Code and Adopting the 2021 International Property Maintenance Code, with Amendments. G. Second Reading of Ordinance No. 027, 2022, Amending Chapter 5, Article IV of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Mechanical Code and Adopting the 2021 International Mechanical Code, with Amendments. City of Fort Collins Page 9 H. Second Reading of Ordinance No. 028, 2022, Amending Chapter 5, Article IV of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fuel Gas Code and Adopting the 2021 International Fuel Gas Code, with Amendments. I. Second Reading of Ordinance No. 029, 2022, Amending Chapter 5, Article V, Division 1 of the Code of the City of Fort Collins for the Purpose of Amending the Colorado Plumbing Code. These Ordinances, unanimously adopted on First Reading on February 15, adopt the most up-to-date, comprehensive, and fully integrated body of building codes, collectively referred to as the “2021 I- Codes,” regulating building construction to safeguard the public health, safety, and general welfare by regulating structural strength and stability, sanitation, light and ventilation, energy conservation, and property protection from hazards attributed to the built environment within the City of Fort Collins. The 2021 I-Codes will replace the 2018 editions which were adopted on January 12, 2019. These codes are reviewed and voted on by code officials and construction industry professionals from across the country and published every three years under the oversight of the International Code Council (“ICC”). These core 2021 I-Codes represent the latest construction publications from the ICC. O) 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. Motion to adjourn this meeting until after the completion of Electric Utility Enterprise Board business: "I move that Council adjourn this meeting until after the completion of the Electric Utility Enterprise Board business." P) 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 scheduled 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.