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HomeMy WebLinkAboutAgenda - Read Before Packet - 2/16/2021 - City Council Agenda For February 16, 2021 - Amended February 16, 2021City of Fort Collins Page 1 Wade Troxell, Mayor Remote Meeting Ross Cunniff, District 5, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Cablecast on FCTV Melanie Potyondy, District 4 Channel 14 on Connexion Emily Gorgol, District 6 Channel 14 and 881 on Comcast Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting February 16, 2021 (Amended 2/16/21) PUBLIC PARTICIPATION OPTIONS There will be three options for people who would like to participate in the meeting:  Live via the Zoom online meeting,  Live via the telephone,  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 (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. Proclamations and Presentations 5:45 p.m. The Mayor will share highlights of each proclamation listed below but will not read proclamations in their entirety. A. Proclamation Declaring February 21-27, 2021 as National Engineers Week. B. Proclamation Declaring March 1, 2021 as COVID-19 Memorial Day. City of Fort Collins Page 3 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 January 19, 2021 Regular meeting. The purpose of this item is to approve the minutes from the January 19, 2021 Regular Council meeting. 2. Second Reading of Ordinance No. 023, 2021, Appropriating Philanthropic Revenue Received by City Give and Authorizing a Transfer to be Used for Ongoing COVID-19 Community Relief and Recovery. This Ordinance, unanimously adopted on First Reading on February 2, 2021, appropriates $100,000 in philanthropic revenue in the General Fund City Give Reserves for COVID-19 community relief and recovery received from donor Broadcom, Inc. The intent of the charitable gift, facilitated and secured by City Give and as designated by Broadcom Inc., is to support the critical and expanded needs of essential community services and organizations resulting from the pandemic. It is the donor’s determination the City possess unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local COVID-19 relief and recovery. Per the donor’s designation, the City will distribute $50,000 of the total gift to two community partners: CARE Housing to be used toward eviction prevention and on-site learning hubs to provide Internet access and academic support to K-12 students, and Meals on Wheels in support of their mission to provide meals to homebound seniors. The remaining $50,000 will be awarded at $25,000 each to the Utilities Payment Assistance Program in the Utility Customer Service & Admin Fund and to the Digital Access and Equity Program in the General Fund in support of the City’s partnership with Code for America. 3. Second Reading of Ordinance No. 024, 2021, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. This Ordinance, unanimously adopted on First Reading on February 2, 2021, appropriates unanticipated Community Development Block Grant (CDBG) funding in the amount of $760,023 from the Department of Housing and Urban Development (HUD) for COVID-19 response and recovery. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 025, 2021, Vacating Portions of Grant Avenue Alley Right-of-Way. This Ordinance, unanimously adopted on First Reading on February 2, 2021, vacates a portion of an alley right-of-way (ROW). The original grant of the Grant Avenue alley ROW is contained in the West Side Addition Plat, Book 1, Page 19 of Larimer County Clerk and Recorder Records. The residents of 420 and 428 Grant Avenue have initiated a conceptual review under the City’s Development Review process. In this review process, staff became aware that portions of the City’s right-of-way for the North Grant Avenue alley had never been opened for public access and remain undeveloped and blocked by fences and well-established landscaping. At this time, only telecommunication lines run through this portion of the alley ROW, and the vacation reserves a utility easement over a portion of the vacated alley ROW to accommodate this existing utility use. 5. First Reading of Ordinance No. 029, 2020, Appropriating Unanticipated Philanthropic Revenue in the General Fund Received by City Give for Transfer to the Parks Department for Upgrades to Water’s Way Park. The purpose of this item is to appropriate $6,105 in philanthropic revenue in the General Fund and authorizing a transfer to the Parks Department for amenity upgrades to Water’s Way Park as designated by the donors, friends and family of Willy Mergenthaler. 6. First Reading of Ordinance No. 034, 2021, Appropriating Prior Year Reserves for Phase One of the Land Use Code Update to Reorganize the Land Use Code and Complete Housing Revisions as an Implementation Action Recommended in City Plan (2019) and the Housing Strategic Plan (2021). The purpose of this item is to request an off-cycle general fund appropriation in the amount of $290,000 for Phase 1 of the Land Use Code (LUC) update. This appropriation will enable staff to draft critical LUC changes and complete a code reorganization that will implement City Plan, implement the Housing Strategic Plan and a quicker win identified by the Ad Hoc Housing Committee, improve housing supply and affordability in Fort Collins, and consolidate, simplify, and increase the user- friendliness of the LUC. Project funding will be supplemented by $60,000 of grant funds received for the Home2Health initiative for a total project budget of $350,000. The Council Finance Committee reviewed this appropriation request at its January 25, 2021 meeting and indicated support for consideration by the full Council. 7. Items Related to Sales Tax and Lodging Tax Code Updates, the Elimination of the Utilities Refund Program, and an Exception to the Outdoor Vendor License Requirement. A. First Reading of Ordinance No. 030, 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, Use and Lodging Taxes. B. First Reading of Ordinance No. 031, 2021, Amending Chapter 15 of the Code of the City of Fort Collins to Establish an Exception for Minor Businesses to the Outdoor Vendor License Requirement. C. First Reading of Ordinance No. 032, 2021, Amending Certain Sections of Chapter 26 of the Code of the City of Fort Collins Eliminating the Utility Refund Program. The purpose of this item is to amend City Code to eliminate rebate programs in accordance with the City’s 2021 budget, to clarify certain existing provisions, to allow for notice to taxpayers by electronic mail, and to create an exception to the sales tax license and outdoor vendor license requirements for temporary commercial enterprises operated by minors. 8. Resolution 2021-017 Authorizing Certain Quasi-Judicial Land Use Hearings to be Conducted Remotely Pursuant to Ordinance No. 079, 2020, Including the 738 Campfire Drive Appeal, Boyer Annexation and Initial Zoning, W Willox Lane Rezone, 1516 Remington Street Addition of Permitted Use, and Sam’s Club Fuel Station Major Amendment and Addition of Permitted Use. The purpose of this item is to consider five exceptions to Ordinance No. 079, 2020, adopted by Council on June 16, 2020, to allow one appeal, one initial zoning, one rezoning and two addition of permitted use items to proceed to public hearings using remote technology. City of Fort Collins Page 6 Ordinance No. 079, 2020, authorizes Council and boards and commissions such as the Planning & Zoning Board (P&Z) to hear quasi-judicial items, but specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and the addition of permitted uses. Ordinance No. 079, 2020, does, however, allow Council, by motion adopted by at least five Councilmembers, to authorize exceptions to such exclusion. To authorize remote hearings for the listed items, Council must find that such hearings are pressing and require prompt action and that virtual technology will provide for sufficient public participation and input. Ordinance No. 079, 2020, required that to be heard remotely, “a quorum of the Planning and Zoning Board or Council are present in the hearing room for the respective Quasi-Judicial Hearing Items, and the public may participate in person. Staff requests that Council forego the in-person requirement in authorizing the zoning/rezoning, appeals, and addition of permitted use matters to be heard due to the ongoing COVID-19 pandemic. At this time, Council and all boards and commissions have successfully held fully remote meetings, and the technological concerns that lead to the requirement in Ordinance No. 079, 2020, have been mitigated. Appeal: 1. 738 Campfire Drive Appeal (appeal of a hearing officer’s decision to Council, scheduled for March 16) Initial Zoning: 2. Boyer Annexation and Initial Zoning (in review and awaiting P&Z recommendation and Council final determination) Rezoning: 3. W Willox Lane Rezone (in review and awaiting P&Z recommendation and Council final determination) Addition of Permitted Use (APU): 4. 1516 Remington St Fraternity-Sorority Addition of Permitted Use (in review and awaiting P&Z recommendation and Council final determination) 5. Sam’s Club Fuel Station Major Amendment and Addition of Permitted Use (in review and awaiting P&Z review) 9. Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements. A. Resolution 2021-018 Approving an Intergovernmental Agreement with the City of Loveland for Flex Route Regional Transit Services. B. Resolution 2021-019 Approving an Intergovernmental Agreement with the Town of Berthoud for Flex Route Regional Transit Services. C. Resolution 2021-020 Approving an Intergovernmental Agreement with the County of Boulder for Flex Route Regional Transit Services. D. Resolution 2021-021 Approving an Intergovernmental Agreement with the City of Boulder for Flex Route Regional Transit Services. E. Resolution 2021-022 Approving an Intergovernmental Agreement with the City of Longmont for Flex Route Regional Transit Services. The purpose of this item is to enter into agreements with Transfort’s FLEX Partners whereby the parties will contribute funds toward the operating cost of the FLEX regional bus route that travels from Fort Collins, through Loveland, Berthoud, and Longmont, to Boulder. Each entity contributes a percentage of funds based on the ridership in each jurisdiction. The FLEX Partners will further the goals of regional connectivity through transit. END CONSENT City of Fort Collins Page 7  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Mail Creek Stream Rehabilitation Project. (staff: Jason Stutzman) B. Recognizing Lucinda Smith, Director of Environmental Sustainability, as a recipient of the Thomas W. Zosel Outstanding Individual Achievement Award for Clean Air Excellence.  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 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. 10. First Reading of Ordinance No. 028, 2021, Making Supplemental Appropriations for Year 2 of the Home2Health Project. (staff: Meaghan Overton; no presentation; 5 minute discussion) The purpose of this item is to complete the second and final appropriation of unanticipated grant revenue in the amount of $363,513 awarded by the Colorado Department of Public Health and Environment (CDPHE) through its Health Disparities Grant Program (HDGP). In 2019, Fort Collins was awarded a reimbursable grant of $795,657 from CDPHE to support the Home2Health initiative. The first appropriation of $397,828 was approved on consent via Ordinance No. 090, 2019. This item is listed on discussion to allow Councilmember Gorgol to recuse herself. 11. First Reading of Ordinance No. 033, 2021 Adopting the Housing Strategic Plan as an Element of the City’s Comprehensive Plan. (staff: Lindsay Ex, Meaghan Overton; 15 minute presentation; 45 minute discussion) The purpose of this item is to consider adoption of the Housing Strategic Plan and highlight key implementation steps post-adoption. 12. Second Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution. (staff: Molly Saylor, Judy Schmidt; 5 minute presentation; 45 minute discussion) City of Fort Collins Page 8 This Ordinance, adopted on First Reading by a vote of 5-2 (Nays: Troxell, Summers), regulates the distribution of disposable bags and future mitigation of other sources of single-use plastic pollution (the “Disposable Bag Ordinance”). Changes to the Ordinance made by Council on First Reading are included in the Ordinance attached for Second Reading. In addition to the changes made by Council to the Ordinance on First Reading, the following changes to the Ordinance have been made since first reading to improve clarity:  Section 12-301 Definitions: The definition of “large grocer” has been changed to refer to “at least four of the following typical grocery departments:” instead of “all of the majority of the following typical grocery departments:”  Section 12-301 Definitions: The definition of “waste reduction program” has been changed to include as part of subpart 7, added during first reading deliberations, the highlighted clarification as follows: “providing assistance to members of the public in need of assistance to access and use reusable bags and to enable and facilitate knowledge about and participation in waste reduction programs and strategies”. The Disposable Bag Ordinance: Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes a $0.12 fee on disposable paper bags distributed by large grocers to customers at point- of sale; Allocates the $0.12 fee equally between the vendor and the City, with the City’s share of the fee being committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the “Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to implement the disposable bag fee program and encourage customer use of disposable bags; Includes an exemption from the bag fee for low-income customers; and Expressly reserve’s Council authority and states Council’s intent to make future modifications to address stakeholder input or unforeseen circumstances, regulate single-use plastic items in addition to disposable plastic bags, and extend regulations to other vendors in the City. 13. Resolution 2021-023 Referring Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April 6, 2021. (staff: Molly Saylor, Judy Schmidt; no presentation; 15 minute discussion) The purpose of this item is to refer Ordinance No. 026, 2021 to the voters at the April 2021 regular municipal election. Any protest of the proposed ballot language must be submitted on the Notice of Protest form located at https://www.fcgov.com/elections/ballot-title-protest and received no later than Tuesday, February 16, 2021, at 9:00 a.m. (due to the President’s Day holiday). The protest(s) shall be heard, considered, and resolved by Council prior to adoption of any Resolution that is the subject of a protest. If protests are received, copies will be included in Council’s “Read-before” packet provided the day of the meeting. 14. Resolution 2021-024 Amending Resolution 2020-105 to Revise, as Ordered by the Larimer County District Court, the Citizen-Initiated Ordinance and Its Ballot Title and Submission Clause Concerning the Hughes Stadium Property and to Submit them to a Vote of the Registered Electors of the City at the Regular Municipal Election on April 6, 2021. (staff: Delynn Coldiron, Carrie Daggett; 5 minute presentation; 30 minute discussion) The purpose of this item is to amend Resolution 2020-105, adopted by Council on November 17, 2020 (Resolution 105), to revise, as recently ordered by the Larimer County District Court (District Court), the citizen-initiated ordinance (Initiated Ordinance) and its ballot title and submission clause (Ballot Measure) the Council provisionally and conditionally submitted in Resolution 105 to the City’s registered electors concerning the Hughes Stadium Property at the April 6, 2021 election. Resolution 105 provisionally and conditionally submitted the Initiated Ordinance and Ballot Measure so that some of the provisions in them could be reviewed by the District Court for its determination whether some of City of Fort Collins Page 9 the provisions were administrative matters not properly subject to a citizen initiative under the Colorado Constitution and City Charter. On February 3, 2021, the District Court issued its order determining some of the Initiated Ordinance’s provisions are administrative and must be severed from the Ordinance. On February 7, 2021, the District Court issued its second order setting the wording of the Ballot Measure to be consistent with the Court’s February 3rd order. This Resolution 2021-024 amends Resolution 105 by revising the Initiated Ordinance and Ballot Measure as ordered by the District Court and submits them as so revised to a vote of the City’s registered electors at the regular municipal election on April 6, 2021. Any protest of the proposed ballot language must be submitted on the Notice of Protest form located at https://www.fcgov.com/elections/ballot-title-protest and received no later than Tuesday, February 16, 2021, at 9:00 a.m. (due to the President’s Day holiday). The protest(s) shall be heard, considered, and resolved by Council prior to adoption of any Resolution that is the subject of a protest. If protests are received, copies will be included in Council’s “Read-before” packet provided the day of the meeting. However, since the District Court has ordered the specific wording to be used for the Ballot Measure, the Ballot Measure cannot be further revised without the District Court’s consent.  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.)  ADJOURNMENT A. Consideration of a motion to adjourn this meeting to 6:00 p.m. on Tuesday, February 23: “I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, February 23, to consider a Resolution approving the Advisory Opinion approved by the Ethics Review Board on February 12, 2021 and such other business that may come before Council.”  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.