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HomeMy WebLinkAboutAgenda - Read Before Packet - 7/5/2022 - City Council Meeting July 5, 2022 - Agenda Amended July 1, 2022 City 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 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 July 5, 2022 (Amended 7/1/22) Spanish interpretation will now be available at all Regular Council meetings. El servicio de interpretación en español ahora será disponible en todas las reuniones estándares del Consejo Municipal. 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. City of Fort Collins Page 2  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. 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. No Proclamations Scheduled. 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. 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 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 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 970.221.6760.] 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 June 7, 2022 Regular Meeting. The purpose of this item is to approve the minutes of the June 7, 2022 Regular meeting. 2. Second Reading of Ordinance No. 071, 2022, Appropriating Philanthropic Revenue Received Through City Give for the Art in Public Places Program, Pianos About Town Project. This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates $39,991 in philanthropic revenue for Art in Public Places, Cultural Services. The grant award is received from Bohemian Foundation for the designated purpose of Pianos About Town, a collaborative effort among the City of Fort Collins Art in Public Places, the Fort Collins Downtown Development Authority, and the donor, Bohemian Foundation. 3. Items Relating to Appropriations for Southridge Golf Course Irrigation System Installation and Fleet Shop Expansion. A. Second Reading of Ordinance No. 072, 2022, Making Supplemental Appropriations in the Golf Fund from Anticipated Lease Financing Proceeds and Authorizing Transfers from the Golf Fund for the Southridge Golf Course Irrigation Project and Related Art in Public Places. B. Second Reading of Ordinance No. 073, 2022, Making Supplemental Appropriations from Anticipated Lease Financing Proceeds and Prior Year Reserves in the Equipment Fund and Authorizing Transfers From the Equipment Fund for the Fleet Shop Expansion Project and Related Art in Public Places. These Ordinances, unanimously adopted on First Reading on June 21, 2022, consider two appropriations for Southridge Golf Course Irrigation System Installation and Fleet Shop Expansion, in order to allow work to proceed expeditiously in light of increasing costs. Council has previously approved Ordinance No. 062, 2022, authorizing the issuance of 2022 COPS for the financing of these projects. Payments paid with the 2022 appropriation will be reimbursed with the proceeds from the 2022 COPs and put back in the appropriate reserve fund. Council has adopted Resolution 2022-058 to declare City’s official intent to reimburse the applicable City funds for initial expenditures with the proceeds from the issuance of the 2022 COPs. 4. Second Reading of Ordinance No. 074, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Linden Street Renovation Project and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for the Linden Street Renovation project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either: (1) delay final delivery of the Project; and/or (2) securing additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet established City standards for urban design and landscaping. To delay final delivery until funding becomes available will negatively impact other transportation capital projects currently in the delivery pipeline. City of Fort Collins Page 5 Staff recommends supplemental appropriation of $500,000 to allow for completion of the Project as intended when construction commenced. This request is being made to Council now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project. 5. Second Reading of Ordinance No. 075, 2022, Appropriating Prior Year Reserves and Making Supplemental Appropriations and Authorizing Transfers of Appropriations for the South Timberline Corridor and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for the South Timberline Corridor project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either: (1) reduction in scope of the Project; (2) delay final delivery of the Project; and/or (3) secure additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet established City standards for urban design and landscaping. To delay final delivery until funding becomes available will negatively impact other transportation capital projects currently in the delivery pipeline. Staff recommends a total supplemental appropriation of $2,332,770 to allow for completion of the Project as intended when construction commenced. The total includes $2,148,000 in new funding plus $184,770 in developer contributions committed to the project scope. This request is being made to Council now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project. 6. Second Reading of Ordinance No. 076, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine and Lemay BNSF Intersections Improvement Project and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for the Vine/Lemay BNSF Intersection Improvements project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either: (1) delay of final delivery of the Project; and/or (2) securing additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet established City standards for urban design and landscaping. To delay final delivery until funding becomes available will negatively impact other transportation capital projects currently in the delivery pipeline. Staff recommends a total supplemental appropriation of $2,142,260 to allow for completion of the Project as intended when construction commenced. The total supplemental appropriation includes $1,380,000 in new funding plus $762,620 for traffic signals that has yet to be appropriated. This request is being made to Council now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project. 7. Second Reading of Ordinance No. 077, 2022, Amending Article VIII of Chapter 7.5 of the Code of the City of Fort Collins to Create an Administrative Process for Awarding Fee Credits for Certain Affordable Housing Units to be Constructed in the City. This Ordinance, unanimously adopted on First Reading on June 22, 2022, simplifies the way affordable housing fee credits are provided to developers of qualifying new affordable homes. Through iterative process improvements, flat amounts for fee credits have been established and codified for new construction and adaptive reuse creating affordable homes targeting households making no more than 30% area median income (AMI) - the lowest wage-earners in the City. This Code change would allow staff to administratively award fee credits up to the amount of funds that are available and that have been appropriated for such purpose. Any requests for more than available funds will still be subject to Council discretion and appropriation. 8. Second Reading of Ordinance No. 078, 2022, Amending Chapter 27 of the Code of the City of Fort Collins Relating to Forestry. This Ordinance, unanimously adopted on First Reading on June 21, 2022, considers adoption of amendments and updates to Chapter 27, the forestry-related chapter of City Code. This Ordinance identifies all trees within the City as important community infrastructure and makes a variety of other amendments to Chapter 27. City of Fort Collins Page 6 9. First Reading of Ordinance No. 083, 2022, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property Rights Necessary for Phase 2 (Construction) and Phase 3 (Operations and Maintenance) of the Halligan Water Supply Project. The purpose of this item is to seek authorization from Council to use eminent domain to acquire property rights for construction (Phase 2) and long-term maintenance and operations access (Phase 3) of the Halligan Water Supply Project (Halligan Project) across private property that provides the primary access point to Halligan Reservoir. This property is jointly owned by Geo A. Henderson Co., Inc. and Chris Vandemoer (collectively, Vandemoer), and is encumbered by two conservation easements held by The Nature Conservancy (TNC). The parties are currently in eminent domain litigation for Phase 1 of the Project and have had productive conversations regarding a global settlement for all three phases of the Halligan Project. The acquisition will include: a temporary access easement for construction a permanent access easement for ongoing maintenance and operations  a permanent easement for flood/high water events fee title to approximately 5.48 acres of land for inundation To meet near-term project timelines, prompt acquisition of the property rights is necessary. Staff fully intends to continue negotiating in good faith with the affected property owners and is requesting authorization to, in consultation with the City Attorney’s Office, use eminent domain as necessary to acquire the needed property rights. To effectuate a possible global settlement in the City’s eminent domain litigation with Vandmoer, the City needs Council’s authorization of eminent domain to include Phase II and Phase III, so that all property rights needed from Vandemoer for the entire project can be acquired at one time. This action would ensure the City can secure all access rights required to complete the final two phases of the Halligan Project over the primary access route to the Halligan Dam and Reservoir:  Phase 1 - permitting and design (site visits and data collection related to permitting processes and preliminary design work for the reservoir enlargement and for the diversion structure replacement)  Phase 2 - construction (construction work related to replacement of dam and diversion structure)  Phase 3 - long-term maintenance and operations of the dam and reservoir (including permanent maintenance of measuring devices on the reservoir and diversion structure and environmental monitoring requirements under governmental permits) 10. Resolution 2022-067 Authorizing the Assignment of the City's 2022 Private Activity Bond Allocation to Housing Catalyst to Finance New Construction and Rehabilitation of Affordable Homes. The purpose of this item is to support the new construction and rehabilitation of affordable housing at one specific location and one or more other planned projects developed by Housing Catalyst in the City by assigning the City’s 2022 Allocation of Private Activity Bond (PAB) capacity to Housing Catalyst (HC). PAB capacity is required for development projects using federal 4% Low-Income Housing Tax Credit financing. 11. Resolution 2022-068 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to update Council meeting rules to reflect and clarify desired procedures including order of business, signing in for public comment, and manner of addressing comments. City of Fort Collins Page 7 12. Resolution 2022-069 Reappointing Michelle Kline as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. The purpose of this item is to reappoint Michelle Kline as Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two-year terms. This will be Judge Kline’s second term. Chief Judge Jill A. Hueser recommends that Judge Kline be reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge. 13. Resolution 2022-070 Expressing the Council’s Support for Protection of Reproductive Rights and Concern about the Threat to Them Presented by Recent U.S. Supreme Court Action. The purpose of this item is to bring a Resolution, after consultation with the Mayor and Mayor Pro Tem, expressing concern regarding the recent United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, and expressing support for protection of reproductive rights, privacy, dignity, and self-determination. 13A. First Reading of Ordinance No. 085, 2022, Making Supplemental Appropriations of Grant Funds from the Pools Special Initiative 2022 Program. The purpose of this item is to appropriate funding received by the Colorado Department of Local Affairs to recruit and retain public swimming pool employees. 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 A. Staff Report: Camping Enforcement and Response (Brittany Depew, John Feyen) 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. 14. Second Reading of Ordinance No. 079, 2022, Amending Chapter 7 of the Code of the City of Fort Collins to Clarify, Revise and Strengthen Restrictions and Requirements for Campaign Finance in City Elections. (staff: Anissa Hollingshead; 5 minute presentation; 10 minute discussion) This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 4-3 (Nays: Francis, Peel, Pignataro), considers amendments to Chapter 7 of City Code related to clarifying, revising and strengthening restrictions and requirements for campaign finance in City elections. Based on the discussion at First Reading, potential amendments to the proposed ordinance have been prepared to address the issues outlined during deliberations. Councilmembers may choose to make one or more of these amendments to the proposed ordinance before potentially adopting the ordinance. 15. Second Reading of Ordinance No. 080, 2022, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to the City Charter Concerning the Use of a Ranked Voting Method to Elect Future Mayors and Councilmembers of the City of Fort Collins. (staff: Anissa Hollingshead; no presentation; 15 minute discussion) This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Peel), submits a City-initiated Charter Amendment to the registered electors of the City at the November 8, 2022 special election. This Charter amendment proposes to amend various provisions of the Charter to require the use of a ranked voting method beginning in 2025. 16. Second Reading of Ordinance No. 081, 2022, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to the City Charter Shifting the City’s Regular Municipal Election from each Odd-Year April to each Odd-Year November. (staff: Anissa Hollingshead; no presentation; 15 minute discussion) This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Pignataro), submits a City-initiated Charter Amendment to the registered electors of the City at the November 8, 2022 special election. This Charter amendment proposes to shift the date of regular City elections to be held in November of odd years instead of April. This shift would also allow for coordinating elections with Larimer County. 17. Second Reading of Ordinance No. 082, 2022, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II of the City Charter Concerning Compensation of the Mayor and Councilmembers of the City of Fort Collins. (staff: Teresa Roche; 2 minute presentation; 15 minute discussion) This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Gutowsky) will minimize compensation as a barrier to service on Council and to recognize the increasing size of Fort Collins and the growing complexity of matters coming before Council has increased time commitments. City of Fort Collins Page 9 Council would like to consider changing Council compensation using the Average Median Income AMI, for a single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as determined and adjusted annually by the U.S. Department of Housing and Urban Development, and to offer the option to participate in the City organization’s healthcare-related benefits on the same terms those benefits are available to City employees. The proposed effective date is January 2023 and the compensation for members of the Council shall be paid biweekly and adjusted annually as follows: (1) For the Mayor: seventy-five percent (75%) of Area Median Income. (2) For the Mayor Pro Tem: sixty percent (60%) of Area Median Income. (3) For all other Councilmembers: fifty percent (50%) of Area Median Income. 18. First Reading of Ordinance No. 084, 2022, Amending the City of Fort Collins District-Precinct Map Following the Decennial Census. (staff: Anissa Hollingshead; 10 minute presentation; 30 minute discussion) The purpose of this item is to amend the City’s district boundaries following the decennial census in compliance with Section 7-87 of the City Code, including aligning City precinct boundaries with County precinct boundaries. 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.) 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.