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HomeMy WebLinkAboutAgenda - Read Before Packet - 5/17/2022 - City Council Meeting Agenda - May 17, 2022 Amended May 16, 2022City of Fort Collins Page 1 Jeni Arndt, Mayor Emily Francis, District 6, Mayor Pro Tem Susan Gutowsky, District 1 Julie Pignataro, District 2 Tricia Canonico, District 3 Shirley Peel, District 4 Kelly Ohlson, District 5 City Council Chambers City Hall 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 May 17, 2022 (Amended 5/16/22) Spanish interpretation will now be available at all Regular Council meetings. PUBLIC PARTICIPATION OPTIONS There will be four options for people who would like to participate in the meeting: • Live via the Zoom online meeting, • Live via the telephone, • Live in Council Chambers, • By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. • If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. City of Fort Collins Page 2 PUBLIC PARTICIPATION (VIA PHONE): • Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#). • The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (IN PERSON): To participate in person, individuals should be prepared to follow strict social distancing, sanitizer and facial covering guidelines. • A limited number of individuals may be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting). • Individuals may be required to wear masks while inside City Hall and any other City buildings being utilized. • Individuals who wish to speak will line up at one of the two podiums available in Council Chambers, maintaining physical distancing. • Once a speaker has provided comments, they may be asked to leave Council Chambers to make room for the next speaker. PUBLIC PARTICIPATION (VIA EMAIL): Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Persons wishing to display presentation materials using the City’s display equipment under the Public Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. City of Fort Collins Page 3 A) Proclamations and Presentations 5:00 p.m. 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. • COMMUNITY REPORT: Poudre Fire Authority Annual Report. (Moved from Staff Reports) The purpose of this staff report is to discuss the Poudre Fire Authority's overall performance in fulfilling its responsibilities under the Intergovernmental Agreement between its parent organizations, the Fort Collins City (City) Council and the Poudre Valley Fire Protection District (District) Board. F) PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an item from the Consent Calendar for individual discussion.) Individuals may comment regarding any topics of public concern, whether or not included on tonight’s agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion of the same agenda item. • All speakers will be asked by the presiding officer to identify themselves by raising their hand (in person or using the raise hand option on Zoom), and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 970.221.6515.] G) PUBLIC COMMENT FOLLOW-UP H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION City of Fort Collins Page 4 Consent Calendar The Consent Calendar is intended to allow Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from the Consent Calendar by either Council or the City Manager will be considered separately under M) Consideration of items removed from consent calendar for individual discussion. Items remaining on the Consent Calendar will be approved by Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Second Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. This Ordinance, unanimously adopted on First Reading on May 3, 2022, requests an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). Flows for the refuge pools will be supplied by the instream water right. 2. Second Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and Use Tax. This Ordinance, unanimously adopted on First Reading on May 3, 2022, amends Chapter 25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing City- wide initiative to broaden access to City income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written agreements for tax settlements are required, creating an exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption for cigarettes. 3. Second Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision. This Ordinance, unanimously adopted on First Reading on May 3, 2022, vacates and accepts rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements (the “Original Easements”) were dedicated to the City prior to the initial construction and installation of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was completed, the property owner determined that the Utility Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this situation, staff recommends that the City vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent utility easements that correctly describe the location of the Utility Equipment (the “New Easements”). City of Fort Collins Page 5 4. Second Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. This Ordinance, unanimously adopted on First Reading on May 3, 2022, extends the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire on June 7, 2022. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T- Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022. 5. Second Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in Conjunction with the November 8, 2022 Larimer County General Election. This Ordinance, unanimously adopted on First Reading on May 3, 2022, calls a Special Municipal Election to be held in conjunction with the November 8, 2022, Larimer County General election, preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is, however, a required first step in preserving the option for Council to submit any questions that Council may desire at the November 8, 2022, General Election. 6. First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional appropriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. 7. First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. City of Fort Collins Page 6 8. Items Relating to the 2021 International Fire Code. A. First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. (This ordinance was edited to correct formatting issues with no change to content.) B. First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2- 173 Related to the Adoption of the 2021 International Fire Code, with Amendments. The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. 9. First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. 10. Resolution 2022-057 Approving an Intergovernmental Agreement for Technical Support Services Between the City of Fort Collins and Platte River Power Authority. The purpose of this item is for approval of an Intergovernmental Agreement (IGA) with Platte River Power Authority (Platte River) for technical support services to replace the long-standing expiring three-party agreement between the City, Platte River, and Longmont for utility customer information system (CIS) support. This new IGA defines the revised expectations related to the services Platte River will provide strictly to the City of Fort Collins in support of its Hansen/Banner CIS. END OF CONSENT CALENDAR I) ADOPTION OF CONSENT CALENDAR J) CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. K) STAFF REPORTS - None L) COUNCILMEMBER REPORTS M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION City of Fort Collins Page 7 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. 11. Second Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable Housing Developments. (staff: Kirk Longstein; no presentation; 15 minute discussion) This Ordinance, adopted on First Reading on May 3, 2022 by a vote of 6-1 (Nay: Peel), requests an off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development review process may apply for building permits during 2022. 12. First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. (staff: Blaine Dunn; 10 minute presentation; 15 minute discussion) The purpose of this item is to consider an Ordinance authorizing the amendment of certain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as City Council may approve by resolution. 13. First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID- 19 Pandemic. (staff: Joanne Cech, Blaine Dunn; 5 minute presentation; 15 minute discussion) The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. 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.) City of Fort Collins Page 8 B. Consideration of a motion to go into executive session to discuss legal questions related to pending and anticipated Halligan Reservoir real property-related litigation, including eminent domain litigation, and related to water court litigation for the Montava PUD development: “I move that the City Council go into executive session pursuant to: • City Charter Article Roman Numeral Two, Section 11(2), • City Code Section 2-31(a)(2) and • Colorado Revised Statutes Section 24-6-402(4)(b), for the purpose of discussing with the City’s attorneys and appropriate management staff the following items: 1. Specific legal questions related to litigation regarding the acquisition of property interests for the Halligan Reservoir Project, including pending and anticipated eminent domain and other litigation; and 2. Specific legal questions related to litigation regarding water rights for the Montava PUD Development, including pending and anticipated water court and other litigation; and 3. The manner in which the particular policies, practices or regulations of the City related to the determination of water adequacy for proposed developments may be affected by existing or proposed provisions of federal, state or local law.” 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.