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HomeMy WebLinkAboutAgenda - Read Before Packet - 9/21/2021 - City Council Meeting Agenda - September 21, 2021 - Amended September 17, 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 September 21, 2021 (Amended 9/17/21) Spanish interpretation is available at this meeting using the following Zoom link: Interpretación en español está disponible en esta reunión usando el siguiente enlace de Zoom: https://zoom.us/j/98241416497 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. 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 web page 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 Coun cil 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 relate d 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 6, 2021 as Energy Efficiency Day. B. Proclamation Declaring the Week of September 17-23, 2021 as Constitution Week. C. Proclamation Declaring September 15-October 15, 2021 as National Hispanic Heritage Month. 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/development review 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. 100, 2021, Appropriating Prior Year Reserves and Authorizing a Transfer in the General Fund for the March 2021 Snowstorm Tree and Branch Cleanup. This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $306,819 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the March 13-14 spring snowstorm to various City funds. This appropriation request will be used for the direct costs associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime, contractor costs, equipment rental and branch drop off site charges that are uniquely and directly related to the snowstorm cleanup. 2. Second Reading of Ordinance No. 101, 2021, Appropriating Philanthropic Revenue Received Through City Give for Active Modes to Address the Needs of Populations Disproportionately Harmed by the Impacts of COVID-19. This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $50,000 in philanthropic revenue received through City Give for Active Modes in the FC Moves Department. A ‘Streets for Pandemic Response and Recovery’ grant has been awarded and designated by the National Association of City Transportation Officials (“NACTO”), in partnership with Bloomberg Philanthropies, to address the needs of populations disproportionately harmed by COVID-19’s public health, social, and economic impacts through community-based partnerships to spark physical or operational changes to public space. City of Fort Collins Page 5 3. Second Reading of Ordinance No. 102, 2021, Appropriating Philanthropic Revenue Received Through City Give for Neighborhood Services to Support Healthy Outcomes for Mobile Home Park Residents’ Homes and Personal Wellbeing. This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $23,166 in philanthropic revenue in the General Fund for use by the City’s Neighborhood Services department. Neighborhood Services has been awarded a grant of $23,166 through the 2021 AARP Community Challenge with the designated intent to support healthy outcomes for residents ’ homes and personal wellbeing through an October 2021 resource fair and community cleanup at two locations: North College and Skyline mobile home communities. 4. Second Reading of Ordinance No. 103, 2021, Appropriating Unanticipated Shuttered Venue Operators Grant Revenue in the Cultural Services & Facilities Fund for the Lincoln Center. This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates unanticipated grant revenue in the Cultural Services & Facilities Fund for the L incoln Center operations. This appropriation includes $1,243,768 of grant revenues awarded on July 15, 2021, provided by the federal government through the Small Business Administration to support personnel or business expenses. 5. Items Related to Local Marijuana Codes. A. Second Reading of Ordinance No. 104, 2021, Amending Chapter 15, Article XVI of the Code of the City of Fort Collins Regulating Medical Marijuana Businesses to Update, Clarify and Align City Code with State Law. B. Second Reading of Ordinance No. 105, 2021, Amending Chapter 15, Article XVII of the Code of the City of Fort Collins Regulating Retail Marijuana Businesses to Update, Clarify and Align City Code with State Law. These Ordinances, unanimously adopted on First Reading on Sept ember 7, 2021, update and align two City marijuana Code provisions with state law at the request of the industry. Since the adoption of local marijuana regulations in 2010 and 2012, many City requirements are now covered in state law. There are also minor differences that if aligned will be more easily communicated for public awareness and licensing enforcement. Further, staff recommends two other changes to City Code to address additional local control and social equity concerns regarding access to the legal marijuana industry. 6. Items Related to the Disconnection of the Poudre School District Prospect Middle and High School Site from the City of Fort Collins. A. Second Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From the Territory of the City of Fort Collins. B. Second Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins- Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues. These Ordinances, unanimously adopted on First Reading on September 7, 2021, requests from the Poudre School District to disconnect (de-annex) the Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed into the Town of Timnath. Included in this item are the following actions: 1. Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This Ordinance would not take effect until the Town of Timnath has approved annexation of the property. City of Fort Collins Page 6 2. Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation on annexation, growth management and related issues. The amendment would allow for Timnath to annex the property into their municipal limits despite the property's location within the Fort Collins Growth Management Area. 7. Second Reading of Ordinance No. 109, 2021, Designating the Thomas Property, 308 Cherry Street, 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 September 7, 2021, requests City Landmark designation for the property at 308 Cherry Street. In cooperation with the property owner, City staff and the Historic Preservation Commission have determined the property to be eligible for designation under Standard 1, Events/Trends for the property's association with Black/African American history in Fort Collins. The owner is requesting designation, which will provide protection of the property's exterior and access to financial incentives for historic property owners. If designated, this would be the first property in Fort Collins to be recognized and protected for association with Black/African American history. 8. Items Related to Golf Professionals and Concessionaire Agreements. A. Second Reading of Ordinance No. 110, 2021, Authorizing the Purchasing Agent to Enter into a Contract for Services, Professional Services and/or Construction in Excess of Five Years for the Golf Professional at Collindale Golf Course. B. Second Reading of Ordinance No. 111, 2021, Authorizing the Purchasing Agent to Enter into a Contract for Services, Professional Services and/or Construction in Excess of Five Years for the Golf Professional at Southridge Golf Course. C. Second Reading of Ordinance No. 112, 2021, Authorizing the Purchasing Agent to Enter into a Contract for Services, Professional Services and/or Construction in Excess of Five Years for the Food and Beverage Concession at Southridge Golf Course. This Ordinance, unanimously adopted on First Reading on September 7, 2021, authorizes the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for the Golf Professionals at Collindale and Southridge Golf Courses and to extend the contract for the Food and Beverage Concession at Southridge Golf Course. These three contracts were originally awarded by competitive purchasing processes in accordance with City Code Section 8-158, Competitive sealed proposals. The contracts for the Golf Professionals include a provision for the City to extend the contracts for up to an additional five years, subject to Council approval. Extending the contracts for the Golf Professionals at these two golf courses and the Food and Beverage Concession at Southridge Golf Course is in the City’s best interest. 9. Items Pertaining to the Annual Adjustment Ordinance. A. First Reading of Ordinance No. 113, 2021, Making Supplemental Appropriations in and Authorizing Transfers of Appropriations from Various City Funds. B. First Reading of Ordinance No. 114, 2021, Appropriating Prior Year Reserves in Various City Funds. The purpose of these Annual Adjustment Ordinances is to appropriate dedicated and additional revenues or prior year reserves that need to be appropriated before the end of the year to cover related expenses that were not anticipated, and therefore, not included in the 2021 annual budget appropriation. The additional revenue is primarily from fees, charges for service, rents, contributions, donations, and grants that have been paid to City departments to offset specific expenses. City of Fort Collins Page 7 10. First Reading of Ordinance No. 115, 2021, Appropriating Prior Year Reserves and Making Supplemental Appropriations in the Natural Areas Fund for Bobcat Ridge Natural Area Dump Clean - up Not Included in the 2021 Adopted City Budget. The purpose of this item is to appropriate $1,388,000 in 2021 unanticipated revenues and reserves in the Natural Areas Fund to clean-up the dump at Bobcat Ridge Natural Area to protect the natural area and as required by Colorado Department of Public Health and Environment. Reserves and unanticipated revenues need to be appropriated into the budget before they can be used. This Ordinance appropriates $1,000,000 in unanticipated 2021 dedicated sales tax revenu es and $388,000 in reserves in the Natural Areas Fund for use in 2021 for clean-up of the dump at Bobcat Ridge Natural Area. 11. First Reading of Ordinance No. 116, 2021, Making a Supplemental Appropriation of Grant Funds to Apply Toward the Purchase of an Electric Street Sweeper and Charging Station. The purpose of this item is to appropriate $275,373 of unanticipated grant revenue in the Equipment Fund as funding support for the July 2021 purchase of an electric street sweeper and charging station. 12. First Reading of Ordinance No. 117, 2021, Making Supplemental Appropriations for the Debt Service Payment for the Northern Colorado Drug Task Force Building. The purpose of this item is to appropriate unanticipated revenue in the amount of $67,487 in the General Fund to pay for the debt service on the Northern Colorado Drug Task Force Building. 13. Items Relating to the Siphon Overpass Project. A. Resolution 2021-084 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, Colorado and the Colorado Department of Transportation for the Siphon Overpass Project. B. First Reading of Ordinance No. 118, 2021, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the Siphon Overpass Project and Related Art in Public Places. The purpose of this item is to enable the City to receive and expend Multimodal Options Fund (“MMOF”) grant funds from the Colorado Department of Transportation (“CDOT”), to appropriate those funds and Transportation Capital Expansion Fee (“TCEF”) Fund reserves for the Siphon Overpass Project (the “Project”), and to appropriate Transportation Services Fund reserves to satisfy the City’s Art in Public Places (“APP”) program contribution requirements. This item will authorize the Mayor to execute the Intergovernmental Agreement (“IGA”) for the Project with CDOT and will appropriate an additional $1,855,050 in the Capital Projects Fund for the Project. These funds will be used to design and construct a trail overpass spanning the existing railroad tracks near the southeast corner of the Willow Springs neighborhood, and to satisfy the APP contribution requirements via a transfer of $5,050 from the Project to the Cultural Services and Facilities Fund. 14. Items Relating to Updates to Fort Collins Utilities Water Supply Requirements A. First Reading of Ordinance No. 119, 2021 Amending Chapter 26 of the Code of the City of Fort Collins to Make Various Changes to the Requirements and Fees for Water Service. B. First Reading of Ordinance No. 120, 2021 Making Various Amendments to the City of Fort Collins Land Use Code Regarding Landscape Water Use. The purpose of this item is to approve changes to Fort Collins Utilities (Utilities) Water Supply Requirements (WSR) calculations. Updates require changes to Chapter 26 of City Code and Section 3.2.1 of the Land Use Code (LUC). The goals of these changes include increasing the precision and equity of the calculations, while encouraging water ef ficient designs in developments by accounting for more development site characteristics (e.g., business type, landscape type) when calculating WSRs. City of Fort Collins Page 8 15. Resolution 2021-085 Supporting a Grant Application for Gray and Black Market Marijuana Enforcement Funding for Fort Collins Police Services. The purpose of this item is to obtain Council support for the City to apply for grant money to support enforcement of gray- and black- market marijuana activity for Fort Collins Police Services. 16. Resolution 2021-086 Consenting to the Dissolution of Waterfield Metropolitan District Nos. 1 – 3. The purpose of this item is to consider dissolving the Waterfield Metropolitan District Nos. 1 -3 (Districts). Council approved a Metropolitan District Serv ice Plan for these Districts on September 18, 2018 (Service Plan). The Service Plan contemplates a development containing 498 residential units with 50 of those units being deed restricted and affordable to families earning less than 80% of Area Median Income. Council then approved on April 16, 2019, a development agreement to secure certain public benefits related to the Service Plan (Public Benefits Agreement). The property’s original developer never signed the Public Benefits Agreement and that developer has since sold the property to a new developer. The new developer wants to develop the property without using the Districts and is seeking dissolution of them. The Districts have no indebtedness and staff have reviewed the materials and support the request for dissolution. 17. Resolution 2021-087 Making an Appointment to the Youth Advisory Board. The purpose of this item is to fill a vacancy on the Youth Advisory Board due to resignations that occurred because of graduations. 18. Resolution 2021-088 Appointing Vicki Pace and Courtenay Patterson as Assistant Municipal Judges of the Fort Collins Municipal Court and Authorizing the Execution of Employment Agreements. This item has been amended to replace Exhibit A with a clean version. No changes were made to content. The purpose of this item is to appoint Vicki Pace and Courtenay Patterson as Assistant M unicipal Judges for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two year terms. Chief Judge Jill A. Hueser recommends that Ms. Pace and Ms. Patterson be appointed as Assistant Municipal Judges, to serve in the absence of the Chief Judge. 19. Resolution 2021-089 Appointing One Board Member Selected by the City and One Board Member Jointly Appointed by the City and Larimer County to the Boxelder Basin Regional Stormwater Authority Board of Directors. The purpose of this item is to consider making two appointments to the Boxelder Basin Regional Stormwater Authority Board. 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 - None M) COUNCILMEMBER REPORTS N) CONSIDERATION OF CITY MANAGER AND COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 9 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 3 0 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 20. First Reading of Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (staff: Jim Bertolini; 5 minute presentation; 5 minute discussion) This item is a quasi-judicial matter and is an involuntary Landmark designation request, not supported by the property owner. It must be considered on the discussion agenda and will be considered under Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019 -064. Request for Continuance of the Hearing: The owners of the property proposed to be designated have requested more time to prepare for the hearing on the designation and ask Council to continue this hearing to a later date. The Parties have specifically waived any right to a hearing within 75 days as required by City Code Section 14-35. Considering this, staff recommends the continuance of this matter. Pursuant to Section 14-35, Council may, by majority vote, extend the 75-day period for the hearing. The City Clerk has identified December 21, 2021, as an avail able date for the item to be heard and the Parties have indicated they are available for a hearing on that date. . A continuance benefits both the City and the parties -in interest by providing adequate time for all to be prepared for the hearing. It also allows sufficient time to obtain the transcript of the August 18, 2021, Historic Preservation Commission hearing about this matter. The following is a suggested motion to continue: “I move to extend the time for consideration of this item as needed to c ontinue to December 21, 2021, the hearing on Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.” This item responds to a citizen-initiated (“Applicants”) City Landmark designation request for the property at 528 West Mountain Avenue, also known as the Moore, Samuel and Jessie, Property (the “Property”). The Property owners, Jason and Misha Green, (“Owners”) do not suppor t the designation. Under Municipal Code Section 14-33(c), based on evidence and testimony at two Code-required hearings, the Historic Preservation Commission moved to forward the designation request to Council for a final decision. At its regular meeting on May 19, 2021, the Commission passed a resolution 7-0 (1 absence, 1 vacancy) finding the property to be eligible for Landmark designation under Standard 2, Persons/Groups for the property's association with Jessie Moore, an early, accomplished educator in Fort Collins, and Standard 3, Design/Construction for the property’s status as a significant surviving example of late-nineteenth century architecture in the City. At the Commission’s regular meeting on August 18, 2021, the Commission voted 6-0 (1 absence, 2 vacancies) that designation and protection of the property met the Policies of Municipal Code 14-1(a-b) and the Purposes of Municipal Code 14- 2 (a-f) to a sufficient degree to justify designating the property without the Owners’ consent. City of Fort Collins Page 10 The Owners do not support the designation. If the Property is designated, the current (or future) Owners would have to remediate and rehabilitate the property under state regulations and City Code. Designation would protect the Property's exterior historic character and access to financial incentives to support rehabilitation work. 21. Public Hearing #1 on the 2022 Recommended Budget for the City of Fort Collins. (staff: Kelly DiMartino, Travis Storin, Lawrence Pollack; no presentation; 45 minute discussion) This is the first public hearing on the City Manager’s 2022 Recommended Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2022 budget. To receive further public input, a second public hearing is scheduled for Council’s Tuesday, October 5, 2021, regular meeting at 6:00 p.m. in Council Chambers with the option for remote participation through the online Zoom meeting platform. Both hearings were set by Council adoption of Resolution 2021 -083 at its September 7, 2021, meeting. The City Manager’s 2022 Recommended Budget can be reviewed at the City Clerk’s Office by appointment only and online at fcgov.com/budget. On May 19, 2020, Council adopted Ordinance No. 067, 2020, suspending the biennial budget term requirement in City Code Section 8-1 for fiscal years 2021 and 2022 to allow for a one-year budget term for both years, and to return to the biennial budget term required by City Code Section 8 -1 beginning with fiscal years 2023 and 2024. 22. Items Related to the Establishment of 1041 Regulations. (staff: Kelly Smith; 10 minute presentation; 20 minute discussion) A. Public Hearing and First 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. First Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support Completion of the 1041 Regulations Project. The purpose of this item is to initiate 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 designation 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. Staff is also seeking further Counci l direction on what additional activities or areas, if any, should be included in the project. Should the scope expand beyond the two activities designated, the appropriation will increase in proportion to the expanded scope. Staff would return to Council later to hold a public hearing for Council to consider designating the additional activities or areas of state interest and adopting regulations. P. CONSIDERATION OF PUBLIC-PULLED CONSENT ITEMS City of Fort Collins Page 11 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 origin ating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a Motion to go into Executive Session regarding Collective Bargaining Agreement: “I move that the City Council go into executive session for the purpose of meeting with the City’s attorneys and City management staff to consider and discuss strategy matters relating to negotiations with the Fraternal Order of Police Lodge No. 3, as permitted under section 2- 31(a)(1)(d) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(e).” 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.