HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 18, 2021
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the April 20, 2021 Regular meeting and the April 27, 2021
Special meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the April 20, 2021 Regular meeting and the April 27,
2021 Special meeting.
ATTACHMENTS
1.April 20, 2021 (PDF)
2.April 27, 2021 (PDF)
City of Fort Collins Page 412
April 20, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via
teleconference.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
STAFF: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
Spanish interpretation options were outlined by City Manager Atteberry and the Spanish
interpretation team.
City Manager Atteberry stated a community report on the American Rescue Plan and Infrastructure
from Congressman Neguse has been added to the agenda. Additionally, Item No. 8, Second
Reading of Ordinance No. 049, 2021, Repealing and Reenacting Chapter 2, Article III of the Code
of the City of Fort Collins Relating to Boards and Commissions, has been pulled from the Consent
Agenda to enable Council to consider adding a recital to the ordinance related to remote Board
meetings. Item No. 17, First Reading of Ordinance No. 059, 2021, Further Amending the Land
Use Code Regarding Exterior Lighting, was amended to correct errors, Item No. 29, Resolution
2021-045 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan Districts, was
amended to include exhibits and revisions to the proposed process, Item No. 30, First Reading of
Ordinance No. 064, 2021, Appropriating Prior Year Reserves for the Establishment of a Municipal
Immigration Legal Defense Fund, has been withdrawn from consideration to allow for additional
work, and an item was added under Other Business regarding evaluation of City options for 1041
regulatory powers.
Mayor Troxell outlined the public participation options.
• COMMUNITY REPORT ON THE AMERICAN RESCUE PLAN AND INFRASTRUCTURE FROM
CONGRESSMAN NEGUSE
Congressman Joe Neguse commented on the benefits of the American Rescue Plan, aimed at
assisting in COVID recovery, for Fort Collins and northern Colorado. He noted the Plan includes
about $2.1 billion in local relief and $27 million to Fort Collins. Congressman Neguse also
commented on the American Jobs Plan which will help jumpstart the economy, address the
nation’s infrastructure needs, make needed changes to energy and transportation systems, and help
tackle the climate crisis. He mentioned the specific benefits to Fort Collins of the Wildfire
Recovery Act and 21st Century Climate Conservation Corps.
Mayor Pro Tem Cunniff thanked Congressman Neguse for his work for Fort Collins and the
region.
Councilmember Pignataro asked if there is a draft of the American Jobs Plan available for
constituents to access and provide feedback. Congressman Neguse replied it is available on his
web page.
April 20, 2021
City of Fort Collins Page 413
Councilmember Gutowsky commended Congressman Neguse on his communication and
availability.
• PUBLIC COMMENT
Claire Bouchard, Northern Colorado Continuum of Cares Governing Board Co-Chair, referenced
a letter from the Board acknowledging and thanking Mayor Troxell for his leadership and vision
in supporting people experiencing homelessness, specifically veterans.
Eric Sutherland commented on information about the Connexion project being withheld from the
public.
Phil (no last name given) commented on recent site plan advisory review (SPAR) processes for
public projects stating they should be reserved for projects that make improvements on public
property. He suggested Council consider pausing SPAR reviews until the process can be reviewed
and analyzed.
Joshua Stahlings thanked Council for the work that has been put into considering the formation of
an immigrant legal defense fund and requested Council consider its establishment as soon as
possible.
Gary Wockner, Save the Poudre, opposed the Army Corps of Engineers permitting process for the
Northern Integrated Supply Project and stated the City’s use of a SPAR process for the project is
unusable to regulate damage. He urged Council put a pause on all SPAR applications to allow for
the creation of 1041 regulations or some other type of development review process.
Rich Stave commented on land ownership within the city and questioned the process used for
disposition of assets, specifically land bank parcels.
Amy Hoeven expressed support for a legal defense fund for immigrants and encouraged Council
to consider its establishment as soon as possible.
Melissa (no last name given) urged Council to put a moratorium on all SPAR applications until
the process can be evaluated by the incoming Council.
Kieran (no last name given) commented on the decrease in the Poudre School District budget and
increase in the Police Department budget as well as on discrepancies between teacher and officer
salaries. He also commented on the cost of police vehicles.
Jolynn Beck requested Council not create a municipal immigration legal defense fund as it poses
an equity issue.
Paul Gessler, Veterans for Peace, suggested Veteran’s Plaza be renamed Veteran’s Peace Park and
commented on the impacts of militarism on society. He also suggested the homeless population
be referenced as refugees.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
April 20, 2021
City of Fort Collins Page 414
Councilmember Potyondy noted the City does not have a direct hand in school funding; however,
she commended Kieran on his advocacy for teachers and recommended he reach out to state
legislators.
Councilmember Gorgol requested staff follow-up on the SPAR process comments. City Attorney
Daggett replied there are limits to the City’s power under state law and a statute has been in place
for several years related to SPAR process requirements. She commented on the process which
calls for the review of the location, character, and extent of public projects.
Mayor Pro Tem Cunniff stated he will be bringing up a discussion about 1041 powers and the role
those can play in city regulations of land use decisions during Other Business.
Councilmember Gorgol asked if the consideration of the immigrant legal defense fund has been
rescheduled for a specific date. City Manager Atteberry replied in the negative and noted staff is
intending to do some additional work and have discussions with the new Leadership Planning
Team then get it scheduled as soon as possible.
City Manager Atteberry noted police vehicles cost on average $50,000 per vehicle, not the
$200,000 figure mentioned during public participation.
Councilmember Pignataro asked about the process associated with land assets and how things even
out if the land gains value in the future. Sue Beck-Ferkiss, Social Sustainability, replied land
appreciation is used to the benefit of the land bank program and some increased value is used as
subsidy for any subsequent affordable housing development.
Councilmember Pignataro requested additional information regarding Item No. 20, First Reading
of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located
at Meadow Springs Ranch. Teresa Connor, Interim Utilities Executive Director, replied that piece
of land is split off by the interstate and has been used by Terry Ranch for bison grazing; therefore,
it seemed appropriate to make the land exchange to clarify ownership.
Councilmember Pignataro asked about the determination of fair market value for land sales.
Connor replied the City’s real estate staff appraises properties. City Attorney Daggett noted
Council must approve by ordinance sales or conveyances of pieces of land and there are provisions
related to requiring the payment of fair market value unless certain exceptions apply.
Councilmember Potyondy thanked the individuals who have spoken regarding the need for the
immigrant legal defense fund and she expressed her support for its formation.
• CONSENT CALENDAR
Mayor Pro Tem Cunniff withdrew Item No. 28, Resolution 2021-044 Making an Appointment to
the Planning and Zoning Board, from the Consent Agenda.
Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items not withdrawn from the Consent Agenda.
April 20, 2021
City of Fort Collins Page 415
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the March 2, 2021 Regular meeting. (Adopted)
The purpose of this item is to approve the minutes of the March 2, 2021 Regular Meeting.
2. Second Reading of Ordinance No. 041, 2021, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Transfer to Natural Areas for Restoration of Bobcat Ridge.
(Adopted)
This item, unanimously adopted on First Reading on March 16, 2021, appropriates $75,000 in
philanthropic revenue in the General Fund through City Give for transfer to Natural Areas to support
fire recovery and ecological restoration efforts at Bobcat Ridge Natural Area as designated by the
donor, the D.R. & V. Pulliam Charitable Trust.
3. Second Reading of Ordinance No. 042, 2021, Authorizing the Issuance of the City of Fort
Collins, Colorado Tax-Exempt Economic Development Revenue Bond (The Residence At
Oakridge Project), Series 2021A and Taxable Economic Development Rev enue Bond (The
Residence At Oakridge Project), Series 2021B to Refund the City of Fort Collins, Colorado
Variable Rate Economic Development Revenue Bonds, Series 2001A (The Residence At
Oakridge Project); and Authorizing the Execution and Delivery by the C ity of a Financing
Agreement, Bonds, and Other Documents in Connection Therewith. (Adopted)
This item, unanimously adopted on First Reading on March 16, 2021, authorizes the issuance of its
Tax-Exempt Economic Development Revenue Bond (The Residence At Oak ridge Project), Series
2021A and Taxable Economic Development Revenue Bond (The Residence At Oakridge Project),
Series 2021B (collectively, the “2021 Bonds”) to refund the 2001A Bonds to take advantage of current
low interest rates. In 2001, the City issued its City of Fort Collins, Colorado Variable Rate Economic
Development Revenue Bonds, Series 2001A (The Residence at Oakridge Project), in the original
aggregate principal amount of $3,555,000 (the “2001A Bonds”). The 2001A Bonds financed a portion
of the costs of a 68-bed assisted living facility in the Oakridge Business Park (the “Project”). The
proceeds of the 2001A Bonds were loaned by the City to The Residence @ Oakridge, LLC, a Florida
limited liability company (the “Borrower”) which owns the Project. The Borrower has requested that the
City issue its Tax-Exempt Economic Development Revenue Bond (The Residence At Oakridge
Project), Series 2021A and Taxable Economic Development Revenue Bond (The Residence At
Oakridge Project), Series 2021B (collectively, the “2021 Bonds”) to refund the 2001A Bonds to take
advantage of current low interest rates. The Borrower has solicited proposals from various financial
institutions and has determined that First American State Bank (the “Lender”) will provide the lo west
interest rate and most favorable terms to the Borrower. This Ordinance will authorize the issuance of
an amount not to exceed $2,415,000 of economic development revenue bonds for the Project.
Economic development revenue bonds may be issued by the C ity pursuant to the County and
Municipality Development Revenue Bond Act (the “Act”), constituting §§ 29 -3-101 through 29-3-123
of the Colorado Revised Statutes (“C.R.S), for private activity purposes, such as the Project. These
2021 Bonds are not a financial obligation of the City and will be repaid solely by payments from
the Borrower. The issuance of the 2021 Bonds does not require the use of any of the City’s
private activity bond allocation from the State. And, there is no fiscal impact on the City i n
connection with the issuance of the 2021 Bonds and the Borrower will pay all of the City’s costs
and attorney fees for the refunding either from proceeds of the 2021 Bonds or its own
resources.
April 20, 2021
City of Fort Collins Page 416
4. Items Relating to Amending City Code Provisions Concerning the City’s Self -Insurance
Program and Fund, and Amending Related Code Provisions Concerning the City’s Obligations
to Defend and Indemnify its Employees. (Adopted)
A. Second Reading of Ordinance No. 043, 2021, Amending Division 3 in Article III of Chapter 8 of
the Code of the City of Fort Collins Concerning the City’s Self-Insurance Program and Fund.
B. Second Reading of Ordinance No. 044, 2021, Amending Division 6 in Article VII of Chapter 2 of
the Code of the City of Fort Collins Concerning the City’s Defense and Indemnity of its Employees
in Certain Civil, Criminal and Administrative Matters.
These ordinances, unanimously adopted on First Reading on March 16, 2021, update the City Code
provisions concerning the City’s use of its Self-Insurance Program and Fund to pay judgments,
settlements, attorney fees and other litigation costs related to the various civil claims that can be
brought against the City and its employees and, related to this update, amending the City Code
provisions addressing the City’s obligations to defend and indemnify its employees regarding such civil
claims and, in some circumstances, to reimburse City employees for the attorney fees and costs they
may incur in certain criminal matters related to their City employment.
The amendments to the City’s defense and indemnity obligations include adding provisions to
recognize the defense and indemnity obligations the City has to its police officers under two Colorado
statutes, including the recent statute enacted under Senate Bill 20-217 creating a new civil claim
against police officers for violating a person’s rights under the Bill of Rights in the Colorado
Constitution. Also added is a provision to reimburse City employees in so me circumstances for the
attorney fees and costs they may incur in certain administrative matters related to their City
employment.
5. Second Reading of Ordinance No. 045, 2021, Amending Section 23-354 of the Code of the City
of Fort Collins Regarding Disposition of Land Bank Property. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 16, 2021, replaces the right of
reverter clause in the Land Bank program with a more flexible requirement that can be tailored to each
project. Currently, the right of reverter would allow the City to seize property if the Land Banking Code
requirements are not met, but this possibility makes it difficult, if not impossible, for developers of
affordable housing to obtain financing for their projects on Land Bank parcels. The proposed
amendments to City Code in the Ordinance retain the requirement that the City secure permanent
affordability to the greatest extent possible, through a deed restriction, covenant or such others
instrument or instruments as the City Manager and City Attorney deem appropriate but do not lock the
City into one remedy for non-compliance.
6. Second Reading of Ordinance No. 047, 2021, Appropriating Prior Year Reserves in the Light
and Power Fund for Electric Utilities Customer Payment Assistance. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 16, 2021, appropriates a “one -time
cash distribution” of $468,941 from Platte River Power Authority (PRPA) to be used for utility
delinquencies through the Utilities Payment Assistance Program for electric and telecommunication
utility customers economically affected by COVID-19 and to address the impact on rates that
significant past-due and uncollectible balances may have on all electric and other utility ratepayers.
The funds were deposited into the Light & Power Enterprise Fund in December 2020, and may only
be used for that utility’s operations, maintenance, repair, replacement, or betterment or for another
“specific utility purpose determined by Council to [benefit the utility’s ratepayers]”.
7. Second Reading of Ordinance No. 048, 2021, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 16, 2021, amends the Land Use
Code (“LUC”) to: (1) clarify the appeal process to the Planning and Zoning Board for minor
April 20, 2021
City of Fort Collins Page 417
amendments, changes of use, and basic development review; and (2) allow one additional kitchen
within a dwelling unit. These changes were separated out from the annual upda te in December of
2020 to provide greater public input and refinement of the proposed Code.
8. Second Reading of Ordinance No. 050, 2021, Amending Chapter 22 of the Code of the City of
Fort Collins to Add a New Article V. Concerning the Establishment of To urism Improvement
Districts. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 23, 2021, outlines the requirements
to establish a Tourism Improvement District (TID). Visit Fort Collins (VFC) began exploring a TID based
on engagement for the Tourism and Destination Master Plan. Due to the COVID-19 pandemic,
hoteliers are looking for additional revenue streams. Lodging tax collections are down 47.6% through
December 2020. A TID would allow hotels to levy an assessment or fee on all hotels that would allow
the TID to undertake activities that would help increase demand for overnight visitation.
VFC contemplates a TID that would levy an assessment or fee on hotel businesses rather than the
underlying property owner. This necessitates a local ordinance outlining the process for forming a TID,
the powers of a TID, and TID governance, amongst others. If adopted by Council, VFC contemplates
starting the formation process of a TID beginning in April with Council considering the TID in July.
9. First Reading of Ordinance No. 051, 2021, Authorizing the City Manager to Accept a Grant
Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant
Revenue in the Cultural Services & Facilities Fund from the Colorado Arts Relief Fu nd.
(Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services &
Facilities Fund for the Lincoln Center operations. This appropriation includes $100,000 of grant
revenues awarded on February 7, 2021, provided by the State of Colorado through the Creative
Industries Division of the Office of Economic Development to support personnel or business expenses .
10. First Reading of Ordinance No. 052, 2021 Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other
Related Natural Areas Stewardship Activities not Included in the 2021 Adopted City Budget.
(Adopted)
The purpose of this item is to appropriate $5,000,000 in prior year reserves and unanticipated
revenues in the Natural Areas Fund. These appropriations are for land conservation, visitor amenities
and restoration of wildlife habitat, as well as other Natural Area Department stewardship activities to
benefit the residents of Fort Collins.
11. First Reading of Ordinance No. 053, 2021, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and Tourism Programming.
(Adopted)
The purpose of this item is to appropriate $252,818, of which $199,364 is proposed for 2021 Cultural
Development and Programming Activities (Fort Fund) and $53,454 is proposed for 2021 Tourism
Programming (Fort Fund) from a combination of Lodging Tax and Prior Year Reserves (unspent
appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City for cultural development and tourism programming
activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and
then adjusted annually as needed based on final actual collections. Due to the 2020 pandemic, lodging
tax revenues collected came in $595,613 below projected 2020 collections.
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City of Fort Collins Page 418
12. First Reading of Ordinance No. 055, 2021, Authorizing Transfer of Funds from the Nature in the
City Program and the Parks Department Operating Budget to the Spring Canyon Park Ponds
Project. (Adopted)
The purpose of this item is to transfer $75,000 in funds that were previously appropriated in the 2021
Budget from the Nature in the City Program in the Capital Projects Fund and $20,000 in funds that
were previously appropriated in the 2021 Budget from the Parks Department operating budget in the
General Fund into the Capital Projects Fund for the Spring Canyon Park Urban Ponds Project.
The proposed transfers of funds will pay for the design and construction of a bioswale and natural
habitat system within the existing Spring Canyon Park that will improve wildlife habitat, reduce bacterial
contamination of Spring Creek, provide an enhanced natural habitat within Spring Canyon Park and
serve as an educational opportunity for the public to learn about natural treatment systems and the
importance of minimizing waste input into natural streams. The total project cost is $95,000.
13. First Reading of Ordinance No. 056, 2021, Authorizing the City Manager to Accept a Grant
Award and Agree to the Terms of the Grant and Making Supplemental Appropriations for the
Can Do Colorado E-Bike Program. (Adopted)
The purpose of this item is to request Council approval to appropriate funds to be later reimbursed by
awarded grant funds and to authorize FC Moves to accept an awarded grant from the Can Do Colorado
E-Bike Program and comply with the terms of that grant.
14. First Reading of Ordinance No. 057, 2021, Making Supplemental Appropriations of Anticipated
Revenue and Prior Year Reserves for the Epic Homes Program. (Adopted)
The purpose of this item is to appropriate $69,000 in grant funds from Bloomberg Philanthropies as
part of the Bloomberg Mayor’s Challenge award, and $8,024 in interest earned on previous Bloomberg
Mayor’s Challenge grant funds, from the Fort Collins Utilities Light and Power Fund to be expended
for the ongoing project management and operations of Epic Homes Program by Utility Services and
to pay a sub-grant to Colorado State University for indoor environmental quality research. The
Bloomberg Philanthropies funds come from (1) the 2021 grant installment of $69,000 and (2) $8,024
in interest earned on advanced Bloomberg Philanthropies funds from th e Bloomberg Mayor’s
Challenge, as of December 31, 2020. Based on terms of the Bloomberg grant agreement, all advanced
grant funds are subject to accruing interest, with such interest earned being reported on a semi-annual
basis, and with such earnings used to further project goals as demonstrated in the agreement between
Bloomberg and the City.
15. First Reading of Ordinance No. 058, 2021, Appropriating Prior Year Reserves and Unanticipated
Revenue from Philanthropic Donations Received by City Give for Various City Programs and
Services as Designated by the Donors. (Adopted)
The purpose of this item is to request appropriation of $42,264 in philanthropic revenue received
through the City Give program. These miscellaneous gifts to various City departments sup port a variety
of programs and services and are aligned with both the City’s strategic priorities and the respective
donors’ designation.
16. First Reading of Ordinance No. 059, 2021, Further Amending the Land Use Code Regarding
Exterior Lighting. (Adopted)
The purpose of this item is to adopt the Lighting Context Area Map that is part of the Exterior Lighting
Code unanimously adopted by Council by Ordinance No. 040, 2021, on March 16, 2021, and to insert
effective dates in two places in the Exterior Lighting Code. The map is an integral component of the
Exterior Lighting Code but was inadvertently excluded in Council materials during its adoption.
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City of Fort Collins Page 419
17. First Reading of Ordinance No. 060, 2021, Amending Ordinance No. 116, 2020, to Extend th e
Suspension of Certain Provisions of the City's Land Use Code to Permit Temporary Use of
Certain Non-Residential Buildings for Child Care Centers in Response to the COVID -19
Pandemic. (Adopted)
The purpose of this item is to extend the end date described in Ordinance No. 116, 2020, which
temporarily suspended certain provisions of the Land Use Code (LUC) to permit the temporary use of
certain non-residential buildings for child care operations . The temporary suspension is set to end on
May 28, 2021. This item would change the end date to August 31, 2021, to allow flexibility for remote
summer school and other summer child care needs.
18. Public Hearing and First Reading of Ordinance No. 062, 2021, Approving the Addition of
Permitted Uses Associated with the East Park District Maintenance Facility Major Amendment
MJA200003. (Adopted)
This item is a quasi-judicial matter. If this item is considered on the consent agenda, a public hearing
will be deemed to have been open and closed, with the only evidence co nsidered being that set forth
in this AIS and the attachments hereto, including the staff report. If this item is considered on the
discussion agenda, it will be considered in accordance with the procedures described in Section 1(d)
of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
The purpose of this item is to consider the Addition of Permitted Uses (APU) for a development plan
located in the Urban Estate Zone District.
• The development plan is for a City of Fort Collins Parks Department maintenance facility
comprising a building with office and shop space, an outdoor storage yard, parking, fencing,
landscaping, and improvements to adjacent recreation trails. The applicant is the City of Fort
Collins Parks Department.
• The Urban Estate Zone does not list the proposed office/shop and outdoor storage uses as
Permitted Uses, and so the development plan is required to include a request for Addition of
Permitted Uses pursuant to Land Use Code (LUC) Section 1.3.4.
• This APU involves a proposed use permitted in one or more of the City’s other zone districts and
is proposed based solely on unique circumstances and attributes of the site and site development
plan, which may be permitted under LUC Section 1.3.4(B).
Pursuant to Ordinance No. 079, 2020, Council authorized the remote hearing of this item in Resolution
2020-093 and the applicant has consented to having this item heard remotely.
19. First Reading of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant
Land Located at Meadow Springs Ranch. (Adopted)
The purpose of this item is to sell 11.4 acres of vacant City-owned land to Daniel R. Thiel, who has
offered to purchase it. The fair market value and negotiated purchase price is $13,680, and the deed
contains a restriction prohibiting any advertising signs from being placed on the property. The sale is
contingent on approval by Council. The close of escrow is expected to be May 18, 2021. Meadow
Springs Ranch is operated by the City’s Utilities department, and it has no current or identified future
use for this parcel. They concur that it is in the best interest of the City to eliminate potential
maintenance and liability issues that may arise with respect to the property by selling it to Mr. Thiel.
20. Items Relating to Post-Fire Watershed Restoration Treatments and Operational Costs.
(Adopted)
A. Second Reading of Ordinance No. 046, 2021, Making Supplemental Appropriations, Appropriating
Prior Year Reserves, and Authorizing Transfer of Existing Appropriations for Post-Fire Watershed
Restoration Treatments and Operational Costs Associated with Treating Fire -Impacted Water
Supplies.
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City of Fort Collins Page 420
B. Resolution 2021-037 Authorizing the City Manager to Sign an Intergovernmental Agreement with
City of Greeley and Larimer County to Facilitate Cost-Sharing Processes for Post-Fire Watershed
Recovery Activities.
This Ordinance, unanimously adopted on First Reading on March 16, 2021, appropriates funds for the
unanticipated needs of post-fire watershed restoration treatments and operational costs associated
with treating water supplies impacted by the 2020 Cameron Peak wildfire. A change is being made to
this Ordinance on Second Reading to clarify that the PILOT proceeds being transferred to the City’s
General Fund are not being appropriated for spending on post fire watershed treatments. Those
proceeds will reside in the General Fund until a future municipal purpose is identified.
The Resolution authorizes an intergovernmental agreement (IGA) with the City of Greeley and Larimer
County to facilitate the cost-sharing processes for post-fire watershed recovery activities. Details of
this IGA were provided in the first reading Agenda Item Summary for the appropriation ordinance.
21. Resolution 2021-038 Authorizing Certain Quasi-Judicial Land Use Hearings to be Conducted
Remotely Pursuant to Ordinance No. 079, 2020, Including the Guardian Self Storage Project
Development Plan Appeal, NE Prospect & I-25 Frontage Road Annexation and Zoning, NE
Prospect & I-25 Rezone, Fort Collins-Loveland Water District Expansion and Addition of
Permitted Use, and Timberline-International Addition of Permitted Use. (Adopted)
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 additions of permitted
use items to proceed to public hearings using remote technology.
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 pro vide 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 these zoning/rezoning, appeal, 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. Guardian Self Storage Project Development Plan Appeal (appeal of Planning & Zoning Board’s
decision to Council, scheduled for June 1)
Initial Zoning:
2. NE Prospect & I-25 Frontage Road Annexation and Initial Zoning (initiating resolution scheduled
for May 4, P&Z recommendation scheduled for May 20, Council first rea ding scheduled for June
15)
Rezoning:
3. NE Prospect & I-25 Rezone (P&Z recommendation scheduled for May 20, Council first reading
scheduled for June 15)
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City of Fort Collins Page 421
Addition of Permitted Use (APU):
4. Fort Collins-Loveland Water District Expansion and Addition of Permitted Use (in review and
awaiting P&Z recommendation and Council final determination)
5. Timberline-International Addition of Permitted Use (in review and awaiting P&Z review) and any
appeal to City Council of the P&Z decision.
22. Resolution 2021-039 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events in
the Project Support category, based upon the recommendations of the Cultural Resources Board.
23. Resolution 2021-040 Authorizing Execution of an Intergovernmental Agreement with the
Colorado Department of Transportation for the FASTER Transit Program Grant for Fiscal Year
2021 to Fund Transfort's Flex Service. (Adopted)
The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with
the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of
$200,000 in grant funds through the Statewide Competitive Pool of the FASTER (Funding
Advancement for Surface Transportation and Economic Recovery Act of 2009) Transit program for
fiscal year (FY) 2021. City Transfort will be required to match the $200,000 in grant funds with a
$200,000 local match. Both the grant and local match were appropriated through the 2021 BFO cycle
and are accounted for in the approved 2021 Transfort budget.
24. Resolution 2021-041 Supporting the Grant Application by Fort Collins Utilities for the United
States Department of the Interior, Bureau of Reclamation’s WaterSMART Grants: Small -Scale
Water Efficiency Projects for Fiscal Year 2021 and Authorizing the City Manag er to Execute
Agreements Regarding Such a Grant. (Adopted)
The purpose of this item is to request Council support to pursue a United States Bureau of Reclamation
(“Reclamation”) WaterSMART Grant: Small-Scale Water Efficiency Projects for Fiscal Year 2021
(“WaterSMART Grant”). If awarded, Fort Collins Utilities, through its Water Conservation Division
(“Water Conservation”), would use the funds to support commercial-scale waterwise transformations
in partnership with homeowners’ associations (“HOAs”) and co mmercial customers. Reclamation
requires a resolution of Council support be submitted as part of the grant application package. The
Resolution demonstrates that the applicant has support from its board to carry out the grant
agreement, if awarded.
25. Resolution 2021-042 Making an Appointment to the Housing Catalyst Board of Directors.
(Adopted)
The purpose of this item is to appoint one individual to fill a vacancy on the Housing Catalyst Board of
Directors that exists due to the term expiration of a previous member.
26. Resolution 2021-043 Ratifying the Appointment of Hongyan Xiang to the Poudre River Public
Library District Board of Trustees. (Adopted)
The purpose of this item is to recommend ratification of the appointment of Hongyan Xiang to the
Poudre River Library District Board of Trustees. On January 6, 2021, Mr. Jeremy Rose submitted a
letter of resignation, effective immediately. Mr. Rose’s term was set to expire on February 28, 2021.
The Library Selection Committee determined that Hongyan Xiang, who submitted an application in
January 2021, should be appointed to fill the vacancy on the Board of Trustees.
April 20, 2021
City of Fort Collins Page 422
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Cunniff expressed support for Item No. 20, First Reading of Ordinance No. 063,
2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located at Meadow Springs
Ranch; however, he encouraged the incoming Council to look at Meadow Springs Ranch as a
potential natural areas acquisition given its habitat value.
• COUNCILMEMBER REPORTS
Councilmember Summers commented on the conviction of Derek Chauvin and asked if the
Community Impact Committee will be providing a report on local police practices. He also
commented on today being the anniversary of the Columbine shooting and on the increased
number of mass shootings throughout the country.
Councilmember Gorgol noted the Community Impact Committee has its last meeting next week
and will be finalizing its report and suggestions thereafter.
Mayor Troxell reported on participating in a conversation about municipal government at Fossil
Ridge High School. He also reported on the recent Northern Colorado Regional Airport meeting
and on his participation in the Living Her Legacy recognition of impactful women in the
community. He discussed the Code for America project.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
27. Second Reading of Ordinance No. 049, 2021, Repealing and Reenacting Chapter 2, Article III of
the Code of the City of Fort Collins Relating to Boards and Commissions. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 16, 2021, updates Chapter 2, Article
III of the City Code based on the Council priority to Reimagine Boards and Commissions. These Code
changes are intended to reduce barriers to participation, increase consistency and clarity, and avoid
redundancy.
City Manager Atteberry stated it was recently discovered that the new Code language which
prohibits remote quasi-judicial hearings might be read to supersede the provisions in place with
the emergency ordinance that allows remote hearings. He stated pulling this item will allow for
the addition of language to address that issue.
Rich Stave stated joint board meetings create an intentional bias toward a specific program or idea.
He also questioned whether individuals residing in the growth management area should be allowed
to serve on a Board or Commission as they do not pay City property tax.
Mayor Troxell noted Boards and Commissions are advisory to Council.
Mayor Pro Tem Cunniff noted the growth management area tends to be a static area whereas City
limits are frequently fluctuating with annexations. Additionally, most City revenues come from
sales taxes which do not contemplate residency; therefore, residents of the growth management
area should be able to serve on Boards and Commissions. City Attorney Daggett noted the growth
management area provision is not new to the Code.
Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 049, 2021, on Second Reading as amended.
April 20, 2021
City of Fort Collins Page 423
RESULT: ORDINANCE NO. 049, 2021 ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
28. Resolution 2021-044 Making an Appointment to the Planning and Zoning Board. (Postponed to
Date Uncertain)
The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Board
that exists due to the resignation of a previous member.
Mayor Pro Tem Cunniff explained the confusion around this appointment.
Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of this item until the new Council’s Leadership Team can establish a timeline that
will ensure a good and fair process for this appointment.
Kathryn Dubiel supported Mayor Pro Tem Cunniff’s solution and expressed appreciation for his
leadership around this contentious issue. She stated it is clear the appointment process needs to be
reformed to be trusted by the public.
Jerry Gavaldon stated this item has come as a surprise and commended City Clerk’s Office staff
for their assistance in gathering information for him. He commented on the role of Planning and
Zoning Board members and stated he has been recognized for his fairness and focus on process in
the past.
Barbara Denney expressed support for postponing consideration of this item based on late
notification of changes.
Sara (no last name given) expressed support for postponing consideration of this item and asked
about the process for keeping candidates updated on new developments with the appointment
process.
RESULT: POSTPONED TO DATE UNCERTAIN [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
• DISCUSSION ITEMS
29. Resolution 2021-045 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan
Districts. (Adopted)
The purpose of this item is to revise the City’s current policy for reviewing service plans for metropolitan
districts adopted by Council in Resolution 2019-016 on February 5, 2019 (2019 Policy). More
specifically, to revise the 2019 Policy to require a pre-application meeting with Council as an early step
in the approval process, emphasize disclosure and transparency requirements, and add an evaluation
points system for the public benefits to be provided by metropolitan districts (Metro Districts) proposed
to serve primarily residential development.
April 20, 2021
City of Fort Collins Page 424
Paul Sizemore, Interim Community Development and Neighborhood Services Director, stated this
item is a proposed update to the residential metro district policy that would create a balanced and
workable approach to ensure transparency for buyers in a metro district and to demonstrate the
public benefits provided by a metro district rise to the level of being extraordinary while also
offsetting the cost burden to residents.
Ryan Mounce, City Planner, detailed the proposed changes to the approval process, including
requiring a new pre-application meeting with Council prior to a formal submittal and looking at a
review cycle to evaluate the efficiency of proposed evaluation systems. He also detailed proposals
for ensuring transparency for buyers.
Mounce stated the largest proposed change is the new evaluation system which would help define
expectations and outcomes on how a residential metro district can demonstrate and provide
extraordinary public benefits. He stated the system includes three main categories on which a
metro district would be evaluated: housing, neighborhood livability, and energy and water
conservation, and he provided additional details on the proposed system. He also discussed the
public outreach process.
Eric Sutherland stated the City is ignoring statutes that require a one for one correspondence of a
service plan for a metro district. He stated the City Attorney’s Office has provided advice to
Council that is averse to the interest of current and future citizens.
Bill Swalling thanked the City staff and Council for its guidance and assistance on metro district
planning for the Saunders development. He commented on the alignment of the development with
the City’s strategic goals.
Gene (no last name given) commented on an existing metro district meeting many of the proposed
criteria. He commended the collaborative process and ultimate recommendation of staff.
Melissa (no last name given) encouraged Council to be cautious with this vote and stated
developers should continue to pay their own way moving forward.
Rich Stave commented on the state statute regarding specific areas wherein a metro district can be
used to supply services and stated this does not seem to align with those criteria in all areas. He
also questioned how metro districts can solve the housing affordability issue.
Susan McFaddin read a letter of support from the Energy Board for the proposed metro district
policy.
Jerry Gavaldon commented on teaching a class on HOAs and metro districts for the Board of
Realtors. He discussed the importance of transparency and full disclosure for buyers. He
supported the staff proposal but recommended increasing the affordable and attainable housing
requirement for metro districts.
Kevin (no last name given) discussed issues with metro districts in the Denver metro area and
encouraged Council to disallow them.
Mayor Pro Tem Cunniff asked what changed with the update between now and when it went before
Boards and Commissions in February. Mounce replied the main changes were primarily within
the energy conservation section in terms of the required point totals and adding more prescriptive
April 20, 2021
City of Fort Collins Page 425
options for meeting that requirement. John Phelan, Energy Services Manager, replied staff
determined the point system did not match well to the practical pathways that exist for meeting
and going above Code requirements. The new model includes four different pathways.
Mayor Pro Tem Cunniff asked about the feedback received from the Energy Board regarding the
changes. Phelan replied the Board ultimately supported the changes with certain conditions that
staff was able to include.
Mayor Troxell stated it is important that metro districts are an option and asked if there are
appropriate mechanisms in place to encourage affordable housing. Mounce replied there was
initially a consideration for an affordable housing requirement; however, that has been altered
slightly and he provided additional details.
Mayor Troxell noted buyers must sign a metro district disclosure when purchasing a home in a
metro district and stated most of the issues in the Denver metro area do not apply to Fort Collins
due to its regulations. He discussed the possible inclusion of a review or curing period.
Councilmember Gutowsky asked if there is a provision for a minimum number of affordable
homes to be built in a metro district. Mounce replied there is no specific affordability requirement;
however, it is provided as one of the options to achieve the points in the overall housing category
and that item requires 10% affordable units at 60% AMI.
Councilmember Gutowsky asked if that percentage could be increased. Mounce replied 10% is
the overall goal for the percentage of affordable units in the city. Additionally, there are
considerations in metro districts such as additional affordable housing units raising costs for
market-rate units.
Councilmember Gutowsky requested additional information on why making metro district
requirements too stringent would potentially drive off small developers. Mounce replied
increasing the costs and complexity of development through metro districts or other requirements,
there is a potential that only larger developers with additional resources would be able to take
advantage of the tool.
Councilmember Gutowsky expressed concern about the lack of transparency between realtors and
builders and homebuyers. She asked if there could be a sign-off process early in the purchase
process. Mounce replied that concern has come up and there is currently notification earlier in the
process.
Councilmember Gorgol agreed notification should occur well before closing and suggested some
type of acknowledgement could be signed when an offer is being written. John Duval, Dep uty
City Attorney, replied the current draft of the service plan contemplates giving notice when a
contract is signed, not at closing. He stated that requirement could be worked into the public
service agreement.
Councilmember Gorgol stated it could be a good idea to work that into the public service
agreement and noted some work should be done with realtors to ensure they are complying. She
asked if the affordable housing is permanently deed restricted or deed restricted for 20 years.
Mounce replied it is currently set at 20 years; however, he noted there is a vision in the Housing
Strategic Plan to examine some of those timeframes in the future.
April 20, 2021
City of Fort Collins Page 426
Councilmember Pignataro commented on her goal of making the metro district policy more
predictable and she stated this is a big step toward that. She asked how much current metro districts
played into the point system and options. Mounce replied staff did a review of recently approved
metro districts to see how they would align with the proposed evaluation system. Some met the
system requirements and others were close.
Councilmember Pignataro asked when the clock starts for the proposed two-year review cycle.
Mounce replied staff was considering the Code update cycle and some of those will be coming
forward in the next year; therefore, the two-year cycle for metro districts would allow for the
evaluation system to be adapted after those Codes are updated.
Councilmember Pignataro asked if Council must approve a metro district solely if it meets the
point system requirements. Mounce replied meeting the evaluation system requirements does not
guarantee a final approval; final approval for any metro district service plan is at the sole discretion
of Council. He stated the evaluation system helps to provide predictability and guidance on what
a metro district should be providing.
Councilmember Summers noted any homebuyer should be aware of the real estate tax liability
they are incurring when they make an offer. He stated the two-year review cadence is more than
adequate and any policy made should be good enough to last at least two years.
Councilmember Potyondy stated homebuyers should be fully aware of what commitments they
are making; however, documentation can be complicated and if the expectation is that homebuyers
are going to be informed consumers, there may need to be additional steps in place beyond
providing documentation, particularly when there is going to be variation over time in the cost of
the home.
Councilmember Summers stated that information should be summarized on the real estate listing
website and should not only be included in legal documents.
Councilmember Gutowsky stated listing websites could be deceiving, particularly in the case of
metro districts. She requested clarification regarding when taxes start to increase in metro districts.
Mounce replied there is a ramp up period in some metro districts wherein taxes can increase until
build-out occurs.
Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2021-045, as amended to match the version included in Council’s read-before packet.
Mayor Pro Tem Cunniff stated his preference would be to not have residential metro districts;
however, it seems that is not the direction preferred by the majority of Council. He stated he would
support the Resolution with the proposed changes, in particular the pre-application meeting during
which Council could outline specific desires. Regarding the review cycle, he stated the item could
be included in a 2022 budget offer. He stated the proposed policy offers a significant improvement
over the current policy.
Councilmember Potyondy stated she would support the motion and noted Council needs to weigh
each future metro district to ensure it is providing extraordinary public benefits.
Councilmember Gorgol stated she still has concerns with metro districts; however, the pre-
application meeting is helpful as is the two-year review period. She noted the Transportation
April 20, 2021
City of Fort Collins Page 427
Board had some concerns about transportation and transit not being weighted heavier. She
discussed the importance of metro district communities being built for homeowners and not
developers.
Councilmember Gutowsky stated it is critical for Council to have the final say on whether metro
districts move forward.
Mayor Troxell noted developers develop for customers and too many restrictions could result in
the product not existing. He commented on the importance of being respectful of all aspects that
make Fort Collins a great place.
RESULT: RESOLUTION 2021-045 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
30. First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for the
Establishment of a Municipal Immigration Legal Defense Fund. (Withdrawn)
The purpose of this item is to respond to a request from some members of Council for an off -cycle
general fund appropriation to create a Municipal Immigration Legal Fund pilot program. If approved,
this appropriation would create a pilot grant program to provide access to immigration legal services
for Fort Collins residents seeking citizenship or lawful presence. Grant funds will be awarded to legal
service providers based on a competitive process and will be dedicated to program administration,
education, and outreach; providing defense for people at risk of deportation; children seeking Special
Immigrant Juvenile Status; and for community members seeking pathways to citizenship and lawful
presence also known as Affirmative Cases. The Council Finance Committee will review this
appropriation request at its April 19, 2021 meeting.
RESULT: WITHDRAWN
• OTHER BUSINESS
Mayor Pro Tem Cunniff requested and received Council support to direct the City Manager and
City Attorney to evaluate possibilities related to 1041 related regulations that would be applicable
generally to projects on City-owned land, specifically on current and/or future Poudre River and
NISP projects, including further evaluation of the possibility of pausing processes related to those
areas until such time as those regulations are developed.
Consideration of a Motion to call a Special Meeting at 6:00 p.m. on Tuesday, April 27:
Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, pursuant to
Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take
place on Tuesday, April 27, 2021, at 6:00 p.m. to consider the following:
• Organization of new City Council, including swearing in of new Councilmembers and
selection of Mayor Pro Tem;
• Resolutions of Appreciation for outgoing Councilmembers; and
• A resolution making an Interim Appointment to the Board of Directors of Platte River Power
Authority.
April 20, 2021
City of Fort Collins Page 428
Phil Friedman stated it is fitting to give thanks to existing, outgoing, and incoming
Councilmembers. He commended Council and staff.
Kevin (no last name given) thanked Council for its diligent work. He stated Council is a full-time
job.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 9:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 429
April 27, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
(Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, this meeting was conducted using a hybrid approach allowing in-person
participation with strict protocols and a variety of remote participation options.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Troxell, Summers, Potyondy, Cunniff, Gutowsky
STAFF: Atteberry, Daggett, Coldiron
• AGENDA REVIEW
City Manager Atteberry stated the resolution of appreciation for Mayor Troxell was amended to
include some additional information and there will be no Other Business item as this is a Special
Meeting.
Mayor Troxell outlined the public participation options.
• OUTGOING COUNCILMEMBER COMMENTS
Mayor Pro Tem Cunniff expressed his gratitude to the Mayors and Councilmembers with whom
he served and stated he is especially proud of maintaining and extending the City’s commitment
to climate action, protecting Fort Collins natural areas from encroachment and continuing to
purchase more natural areas, building the Timberline Recycling Center, and supporting
neighborhoods, among other items. He congratulated the incoming Councilmembers.
Councilmember Summers commented on his wife’s family history in Fort Collins and on the
importance of making the community open and accessible to all. He congratulated the incoming
Councilmembers and encouraged them to remember Fort Collins has a long and significant history.
Councilmember Potyondy stated she was honored to have been appointed to serve her constituents
for the past few months and stated this is not the end of her public service.
Mayor Troxell commented on his last 14 years of service as Mayor and Councilmember. He
thanked the current Council for being collaborative and commended the work of Council’s direct
reports during his tenure. He commented on his history in Fort Collins and thanked his family for
their support. He congratulated the new Councilmembers.
• OATHS OF OFFICE - Newly Elected Mayor and Councilmembers
District 1 Councilmember Gutowsky, District 3 Councilmember Canonico, District 4
Councilmember Peel, District 5 Councilmember Ohlson and Mayor Arndt took their oaths of
office at this time.
• NEWLY ELECTED COUNCILMEMBERS WILL BE SEATED
Mayor Arndt commended outgoing Mayor Troxell and discussed the importance of civility and
inclusion in public service.
City of Fort Collins Page 430
• Discussion Items
1. Council Consideration of a Motion to Elect a Mayor Pro Tem. (Adopted)
The purpose of this item is for Council to consider a motion to elect a Mayor Pro Tem.
Mayor Arndt discussed the duties of the Mayor Pro Tem and recommended a process for election
thereof.
Elizabeth Meyer expressed support for appointing Councilmember Gorgol as Mayor Pro Tem.
Amber Lane commented on the City’s goal to lead with race and equity and suggested the creation
of a tribal nation liaison.
Rory Heath suggested the Mayor Pro Tem should have a strong history of service either on Council
or as an educator.
Philip Friedman stated the Mayor Pro Tem should be outgoing, accessible, and experienced on
Council.
Michele Haefele stated the Mayor Pro Tem role plays a large part in ensuring the will of the people
is faithfully executed and it is crucial that Council select a person who will take on the role with a
broad view.
Mayor Arndt asked if any Councilmembers were interested in the role. Councilmember Gorgol
expressed her interest.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to nominate
Councilmember Gorgol as Mayor Pro Tem.
Councilmember Pignataro thanked those who spoke and expressed her support of Councilmember
Gorgol for the position stating she has shown a great deal of leadership in her role.
Councilmember Gorgol thanked Councilmembers Pignataro and Canonico for the nomination and
thanked the citizens who spoke. She noted the idea of a tribal liaison was recommende d by the
Community Impact Committee.
Councilmember Gutowsky recognized Councilmember Ohlson for his years of experience on
Council and as Mayor. She also commended former Mayor Pro Tem Cunniff on his work in the
role and stated she will expect the new Mayor Pro Tem to live up to the standards he set.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 431
2. Items Related to Expressing Gratitude and Appreciation to Outgoing Mayor and
Councilmembers for Their Contributions to the Community as City Mayor and
Councilmembers. (Adopted)
A. Resolution 2021-046 of the Council of the City of Fort Collins Expressing Gratitude and
Appreciation to Melanie Potyondy for Her Contributions to the Community as City Councilmember.
B. Resolution 2021-047 of the Council of the City of Fort Collins Expressing Gratitude and
Appreciation to Ken Summers for His Contributions to the Community as City Councilmember.
C. Resolution 2021-048 of the Council of the City of Fort Collins Expressing Gratitude and
Appreciation to Ross Cunniff for His Contributions to the Community as City Councilmember and
Mayor Pro Tem.
D. Resolution 2021-049 of the Council of the City of Fort Collins Expressing Gratitude and
Appreciation to Wade Troxell for His Contributions to the Community as City Councilmember and
Mayor.
The purpose of these items is to express gratitude and appreciation to outgoing Mayor and
Councilmembers for their contributions to the community as Mayor and Councilmembers.
Mayor Arndt read the Resolution expressing gratitude and appreciation to Melanie Potyondy for
her contributions to the community as a City Councilmember.
Melissa Rosas thanked Melanie Potyondy for her service.
Kristin Stephens commended Melanie Potyondy on her service.
Lisa Poppaw commended Melanie Potyondy on her service.
Ross Cunniff commended Melanie Potyondy on her service.
Rory Heath thanked Melanie Potyondy for her service.
Tamara Meurer commended Melanie Potyondy on her service.
Mayor Pro Tem Gorgol commended Melanie Potyondy on her service.
Councilmember Peel stated she was proud to be a candidate in the same race with Melanie
Potyondy and she commended her race.
Mayor Arndt commented on her experience with Dr. Potyondy in working to change a law related
to educator stipends.
Councilmember Canonico commended Dr. Potyondy on her campaign and service.
RESULT: RESOLUTION 2021-046 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 432
Ross Cunniff thanked Ken Summers for his service and ability to always speak his mind.
Adam Eggleston thanked Ken Summers for his service and commitment to affordable and
attainable housing.
Kristin Stephens thanked Ken Summers for his service and commitment to youth mental health
issues.
Rory Heath thanked Ken Summers for his service and requested his grace moving forward.
Mayor Arndt thanked Ken Summers for his communication over the years.
Councilmember Gutowsky commended Ken Summers on his service and stated it has been a
pleasure working with him.
Mayor Pro Tem Gorgol commended Ken Summers on his service.
Councilmember Peel thanked Ken Summers for meeting with her during her campaign.
Councilmember Canonico thanked Ken Summers for his service to their district.
RESULT: RESOLUTION 2021-047 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Arndt read the Resolution expressing gratitude and appreciation to Ross Cunniff for his
contributions to the community as a City Councilmember and Mayor Pro Tem.
Adam Eggleston thanked Ross Cunniff for his service and attention to detail.
David Roy congratulated the newly elected Councilmembers and commended Ross Cunniff on his
intelligence and integrity.
Kathryn Dubiel stated Housing Catalyst was chosen by community members to provide financial
support in Ross Cunniff’s name to Mason Place and Redtail Ponds. She commended Mr. Cunniff
on his service.
Ken Summers commended Ross Cunniff on his commitment to the community and the
environment.
Philip Friedman thanked all the outgoing Councilmembers for their service and commended Ross
Cunniff on his work for the community.
Gina Janett commended Ross Cunniff on his leadership, responsiveness, and progressive thinking.
She encouraged Council to continue his work in protecting the Poudre River.
Michele Haefele commended Ross Cunniff on his service.
Lisa Poppaw commended Ross Cunniff on his dedication to the community.
City of Fort Collins Page 433
Rory Heath commended Ross Cunniff on his dedication and service.
Kristin Stephens commended Ross Cunniff on his commitment to the community and
environment.
Talon Nightwalker thanked Ross Cunniff for being accessible and for his service.
Mary Alice Grant thanked Ross Cunniff for his leadership and service.
Jerry Gavaldon congratulated the new members of Council and commended Ross Cunni ff on his
service and unbiased collaborative efforts.
Sara Rossitor thanked Ross Cunniff for his service and responsiveness.
Melissa Rosas read a statement from Jordan Williams commending Ross Cunniff on his service.
She thanked Ross Cunniff for his service and dedication to his constituents and the city.
Tamara Meurer welcomed the new members of Council and commended Ross Cunniff on his
commitment, integrity, and transparency.
Elena Lopez thanked Ross Cunniff for his service and leadership.
Kevin Caffrey congratulated the new members of Council and commended Ross Cunniff on his
service.
Councilmember Gutowsky commended Ross Cunniff on his commitment to action and on his
service.
Mayor Pro Tem Gorgol thanked Ross Cunniff for his service.
Councilmember Ohlson commended Ross Cunniff on being an effective, progressive
Councilmember and on being a strong and effective voice for open and good government,
neighborhood livability, and fiscal responsibility.
RESULT: RESOLUTION 2021-048 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Arndt read the Resolution expressing gratitude and appreciation to Wade Troxell for his
contributions to the community as a City Councilmember and Mayor.
Ken Summers commended Wade Troxell’s legacy of service to Fort Collins.
Adam Eggleston commended Wade Troxell on his service and leadership.
Ross Cunniff commended Wade Troxell on his service.
Philip Friedman commended Wade Troxell on his openness and willingness to listen to all
perspectives. He commended Mr. Troxell on his service and leadership during particularly
difficult times.
City of Fort Collins Page 434
Melanie Potyondy thanked all outgoing members of Council and commended them on their
service.
Dylan Lindsay thanked Wade Troxell for his dedication to the community’s youth.
Kristin Stephens thanked Wade Troxell for his graciousness and patience and commended him on
his service.
Lisa Poppaw commended Wade Troxell on his service to the community.
Rory Heath stated he is glad Wade Troxell’s term has ended.
Tom Ellers commended Wade Troxell on his service.
Jerry Gavaldon commended Wade Troxell on his leadership and service.
Martha Zook thanked Ross Cunniff for his service and dedication and thanked Wade Troxell for
his service.
Mayor Pro Tem Gorgol thanked Wade Troxell for his service and dedication to Fort Collins.
Councilmember Gutowsky thanked Wade Troxell for his service.
Councilmember Peel thanked Wade Troxell for his encouragement.
Councilmember Ohlson commended Wade Troxell on his service.
Mayor Arndt commented on the statewide admiration of Wade Troxell and commended him on
his kindness and service.
RESULT: RESOLUTION 2021-049 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
3. Resolution 2021-050 Making an Interim Appointment to the Platte River Power Authority Board.
(Adopted as Amended)
The purpose of this item is for Council to consider making an interim appointment to the Platte River
Power Authority Board until such time as the newly -elected Council makes its new board, committee
and liaison appointments.
Alan Braslau reminded Council the organic contract of the Platte River Power Authority gives two
seats on the Board to each of the four partnering entities, one is by statute held by the Mayor and
the other is intended to represent Council as a whole. He requested Council name a competent
citizen to fill this position and recommended Susan McFaddin.
Katie Hoffner commended the new members of Council and stated PRPA’s role cannot be
understated in how this community and sister communities are going to help address climate
change. She opposed Council not considering appointing a citizen to this interim position and
recommended Susan MctFaddin.
Nick Mitchell supported appointing Susan McFaddin to this position and suggested it should not
be an interim appointment as it is an at-will position.
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Philip Friedman supported appointing Susan McFaddin or another equally qualified citizen to this
position.
Linda Stanley supported appointing Susan McFaddin to this position.
Councilmember Pignataro requested information from staff why this particular appointment is
necessary. City Manager Atteberry replied there is a PRPA meeting this Thursday and the urgency
behind this appointment is to ensure there are two Fort Collins representatives present at that
meeting. He noted the representation from each of the four member cities has historically been
the Mayor and Utilities Executive Director; however, that changed for Fort Collins when Council
supported Mayor Pro Tem Horak taking the position over Utilities Executive Director Brian
Janonis.
Councilmember Pignataro supported appointing Ross Cunniff for this interim position and stated
Council should meet prior to determining a process change that would involve appointing a citizen.
Mayor Pro Tem Gorgol supported appointing Ross Cunniff for the interim position.
City Attorney Daggett confirmed the organic contract for Platte River Power Authority specifies
that each of the four member cities designates two members of the Board of Directors with the
first being either the Mayor or the Mayor’s designee, and the second being appointed by Council
and selected for judgement, experience, and expertise which make that person particularly
qualified to serve on the Board of Directors.
Councilmember Peel asked about the reason for the current Resolution appointing City Manager
Atteberry for the position. City Manager Atteberry replied Mayor Arndt automatically fills the
position vacated by Mayor Troxell and his name was selected as the second representative as he
has previously served on the Board and the City is currently in the process of beginning recruitment
for a new Utilities Director who would likely ultimately fill the position.
Councilmember Pignataro asked if any Councilmember would automatically qualify. City
Attorney Daggett replied it is a matter of judgement for Council who would qualify under the
definition of the organic contract.
Mayor Arndt noted this will be short interim appointment and suggested not breaking with
historical protocol prior to this Council having the ability to further discuss the topic.
Councilmember Peel made a motion to adopt Resolution 2021-050 as written.
The motion failed for lack of a second.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Resolution 2021-050 replacing City Manager Darin Atteberry’s name with Ross Cunniff.
Councilmember Pignataro supported the motion stating it will help with continuity.
City of Fort Collins Page 436
RESULT: RESOLUTION 2021-050 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky, Stephens
• ADJOURNMENT
The meeting adjourned at 8:56 p.m.
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Mayor
ATTEST:
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City Clerk