HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 6, July 20 and August 4 Regular Meetings and the July
26 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the July 6, July 20 and August 4 Regular meetings and
the July 26 Adjourned meeting.
ATTACHMENTS
1. July 6, 2021 (PDF)
2. July 20, 2021 (PDF)
3. July 26, 2021 (PDF)
4. August 4, 2021 (PDF)
City of Fort Collins Page 467
July 6, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• CALL MEETING TO ORDER
City Manager Atteberry and the Spanish interpreters outlined the interpretation options.
Mayor Arndt outlined the meeting accommodations related to COVID.
• ROLL CALL
PRESENT: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: Atteberry, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there will no longer be a motion to adjourn to Tuesday, July 13,
2021.
• PUBLIC COMMENT
The public participation video was played.
George Winski opposed Item No. 5, Second Reading of Ordinance No. 082, 2021, Amending
Chapter 12 of the Code of the City of Fort Collins Regarding Smoking Materials, and stated vaping
and smoking are two very different things and vaping is a tool that can be used for individuals
attempting to break a smoking habit. He also opposed the 21-year-old age restriction.
City Attorney Daggett noted items on the Consent Agenda now need to be discussed at the end of
the agenda under Citizen Pulled items.
Rich Stave commented on the lack of drainage on Fossil Creek Trail under 287, thanked Fort
Collins Police for their work, noted there are no transit options for individuals who may want to
attend a Council meeting and questioned why bus service hours have decreased, and questioned
how Board and Commission agenda items are publicly accessible.
Rheba Massey expressed concern that free speech is being threatened in the country and in Fort
Collins. She expressed concern about the City’s new equity program and stated the City should
not fund a program that engages in the indoctrination of employees and citizens to a certain belief
system. She stated intersectionality is a form of division.
Amber Lane stated not everyone celebrates the 4th of July and commented on the wording of the
Pledge of Allegiance. She expressed concern about the possible development of the Hughes
Stadium property and stated the land should be returned to its original stewards.
Jason (no last name given) discussed the protests that take place outside the Planned Parenthood
facility. He stated he believes the protestors are violating the bubble law that creates a buffer
around health care facilities. He requested the City extend the buffer zone to 200 feet from 100
feet.
Glen Akins discussed recent trail maintenance on the Maxwell Trail and stated input from the
mountain bike community was ignored. He stated the improvements are not safe, sustainable, or
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fun. He also stated feedback from the community should be sought regarding the rebuilding of
trails in the Bobcat Ridge area.
Nate (no last name given) asked a question about the video feed of the meeting.
J.D. (no last name given) expressed support for giving the Hughes Stadium property back to
indigenous peoples. He also discussed affirmative action.
Liz Buna expressed support for giving the Hughes Stadium property back to indigenous peoples.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro thanked Mr. Winski for his comments and requested input regarding
the sump pump failure along Fossil Creek Trail. City Manager Atteberry replied the pump did go
out during the holiday and the Trail section is currently barricaded. Staff is working to resolve the
situation as quickly as possible.
Councilmember Pignataro asked about transit hours. City Manager Atteberry noted Transfort will
be discussed at tomorrow’s Council Finance Committee meeting and discussed the challenges with
Transfort that have resulted from the pandemic. Caryn Champine, Planning, Development, and
Transportation Director, clarified Transfort is attempting to reintroduce Sunday and holiday
service; however, hiring has been challenging. She stated service will conclude by 8:00 PM for
the rest of the year given budget reductions. City Manager Atteberry encouraged citizens to apply
for bus operator positions.
Mayor Arndt requested assurance Boards and Commissions agendas are available for citizens.
City Manager Atteberry replied staff will share information in Council’s Thursday packet and will
reach out to Mr. Stave directly.
City Manager Atteberry stated the Diversity, Equity, Inclusivity Officer has been appointed and is
from Fort Collins. He stated there is no intention on the part of staff or the City to be divisive and
encouraged Ms. Massey to reach out if she has concerns.
Councilmember Peel stated she responded to Mr. Akins regarding the Maxwell Trail and asked if
staff has looked into the Planned Parenthood protest issue. City Attorney Daggett replied the
information from Mr. Akins is being reviewed by Code enforcement staff and likely will warrant
some particular evaluation in the sense that there may be violations of current state law. She stated
follow-up will be required to determine appropriate next steps. Police Chief Swoboda replied
Police have been monitoring the situation and noted no calls have been received from Planned
Parenthood itself. He stated work is being done to determine whether there is a need for a change
to existing regulations.
• CONSENT CALENDAR
Councilmember Ohlson withdrew Item No. 10, First Reading of Ordinance No. 072, 2021,
Amending Section 2-568 of the Code of the City of Fort Collins Relating to Ethical Rules of
Conduct for Quasi-Judicial Commission Members, from the Consent Agenda.
Amber Lane requested all items that do not benefit all, are not sustainable seven generations from
now, and where there has not been proper tribal nation consultations be removed from the agenda.
She suggested all Consent Agenda items may fall into these categories.
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City Attorney Daggett noted Council’s rules of procedure require specific items to be pulled. She
stated a process has been created for Council to address bulk pulled items.
Mayor Arndt stated all Consent Agenda items will be removed to the Citizen Pulled section of the
agenda.
• COMMUNITY REPORT
A. West Nile Virus Update with Larimer County Health Director Tom Gonzales
Tom Gonzales, Larimer County Public Health Director, discussed the collaborative work to reduce
the risk of West Nile Virus while limiting adverse human health and environmental impacts. He
stated West Nile has been in Larimer County since 2003 and he reviewed the history of how the
virus has been addressed. He stated the current approach is multi-angled and stated adulticiding
is the last desired step.
Erika Cathey, Larimer County Public Health, discussed the five-year trends related to West Nile
and noted it can only be transferred to humans through the bite of an infected mosquito. She stated
only three cases were reported in 2020 and stated 80% of West Nile cases cause no symptoms;
therefore, only the most severe cases are typically reported. She discussed the vector index which
helps to look at mosquito abundance and infection rates through trapping data. She outlined the
process that occurs when spraying is indicated based on the data and discussed the predicted
conditions for the upcoming summer.
Matt Parker from the City Natural Areas Department discussed the threshold numbers for adult
insecticide application.
Councilmember Pignataro asked about the role of weather events and climate change related
weather events on West Nile. Parker replied overnight lows went low enough early enough to
slow the mosquito breeding cycle last season. He stated overnight lows are increasing at a faster
rate than daytime highs are increasing, which indicates a longer West Nile Virus, or any mosquito-
borne disease, season. He stated drainage of standing water after a rain event is critical as is
avoiding being outdoors between dusk and dawn, wearing long sleeves and long pants, and
utilizing EPA-approved mosquito repellents.
Mayor Arndt commended the approach by the County and City.
Councilmember Gutowsky asked if spraying will occur this year. Parker replied data is being
collected and discussed on a weekly basis and to this point, the vector index has yet to show a
need; however, if spraying in a certain sector is found to be necessary based on data collected on
a Monday, public outreach occurs and the goal is to spray that Thursday and Sunday evenings.
Councilmember Gutowsky requested information regarding spraying being detrimental to
pollinators. Parker replied that is always a risk and explained the goal of reducing the rate of
insecticide down to a level that would not be processed by a mosquito, but that could be processed
by larger pollinators. Additionally, the timing of spraying is done in the evening so as to attempt
to avoid active times of other pollinators.
• COUNCILMEMBER REPORTS
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Councilmember Canonico reported on attending the balloon launch on July 4th at Twin Silo Park
and on attending the Art in Public Places Board meeting.
Councilmember Gutowsky reported on the recent Child Safe fundraiser and the State of the
Chamber event held by the Chamber of Commerce.
Councilmember Peel reported on a police ride along and visit to the 911 call center. She announced
a listening session on July 24th at 10:00 AM. She reported on a meeting with the Midtown Business
Association.
Mayor Arndt reported on the Firecracker 5K race.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
1. First Reading of Ordinance No. 072, 2021, Amending Section 2-568 of the Code of the City of
Fort Collins Relating to Ethical Rules of Conduct for Quasi -Judicial Commission Members.
(Adopted on First Reading)
The purpose of this item is to amend the Ethical Rules of Conduct in Chapter 2 of the City Code to
provide clear guidance and direction to Type 2 Advisory Board and Quasi-Judicial Commission
members with respect to activities that call for their recusal from matters coming before them in their
decision-making capacity.
Councilmember Ohlson opposed the section of the item that would allow a Boardmember who has
declared a conflict of interest to appeal and request a waiver, per section C. He recommended
eliminating Section 3(C) from Ordinance No. 072, 2021.
City Attorney commented on Section 2 of the Ordinance being present to help implement the new
language provided in Section 3. She stated Council specifically added the waiver section several
years ago and removing the language from the Ordinance would not accomplish eliminating the
variance process.
Councilmember Ohlson suggested the possibility of postponing consideration of the item for
additional language work.
Rich Stave stated all people are subject to bias and stated citizens should expect Boardmembers to
refrain from engaging in unethical behavior. He agreed with Councilmember Ohlson’s
perspective.
Steve Yurash agreed with Councilmember Ohlson’s perspective and supported the removal of the
section.
Amber Lane commented on the importance of ensuring individuals with conflicts of interest step
aside when making decisions for the benefit of all.
Mayor Pro Tem Gorgol stated this item would strengthen rules of conduct for Commission
members and ensure conflicts of interest are not affecting decision -makers. She stated
Councilmember Ohlson’s concerns are with old language related to allowing variances. She asked
why the variance language was included several years ago. City Attorney Daggett concurred this
Ordinance adds an additional restriction to make it clear that quasi-judicial Commisison members
cannot participate in public dialogue on a project and then serve on the body that is making a
decision on the project. She clarified there are some corresponding changes made to the prior
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section in order to integrate the new language into the current Code. She stated the variance
language that is currently in the Code was developed by the Ethics Review Board and was included
in the Code by a vote of Council. She stated one variance has occurred; however, that Board
member did not participate in the decision made by the Board.
Mayor Pro Tem Gorgol stated she is comfortable moving forward with this item as it st rengthens
the conflict of interest regulations. She suggested the variance provision could be discussed under
Other Business if so desired.
Mayor Arndt clarified any variance would need to be approved by the entire Council.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 072, 2021, on First Reading.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
RESULT: ORDINANCE NO. 072, 2021 ADOPTED ON FIRST READING [5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel
NAYS: Ohlson, Gutowsky
• DISCUSSION ITEMS
2. Second Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal
Immigration Legal Fund Pilot Program. (Adopted as Amended on Second R)
Changes to this Ordinance on second reading include: 1) clearly identifying the Immigration Legal
Fund as a “Pilot Program” throughout; 2) recognizing the economic and family impacts of immigration
proceeding on the Fort Collins’ community; and 3) specifying metrics to be reported to Council on a
quarterly basis.
This Ordinance, adopted on First Reading on June 15, 2021, appropriates $250,000 in General Fund
Reserves to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation
would create a Pilot Program to fund local access to legal services to assist Fort Collins residents in
the complex legal proceedings required to seek citizenship or to forma lly establish lawful presence. In
recognition of the impacts on children and the financial contributions made by the Fort Collins’
immigrant community, grant funds would be awarded to legal service providers based on a competitive
process and would be dedicated to providing defense and legal support for Fort Collins residents:
• at risk of deportation;
• children seeking Special Immigrant Juvenile Status;
• seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance
Committee reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings.
Specific metrics including number of clients served, case outcomes, num ber of Fort Collins’ children
impacted, number of days spent in deportation proceedings, and income range of clients will be
reported back to Council quarterly once the Pilot Program is initiated.
Caryn Champine, Director of Planning, Development, and Transportation, summarized changes
made to the Ordinance since First Reading, including creating clear and consistent language
relating to this as a pilot program, including an eligibility residency requirement beginning June
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2020, adding three whereas statements relating to benefits to the City, Fort Collins residents, and
American citizens, and adding a commitment to quarterly reporting.
Steve Yurash opposed the formation of an immigration legal services fund stating it will lead to
additional illegal immigration.
Glen Colton opposed the formation of an immigration legal services fund stating it will lead to
additional illegal immigration.
Patricia Miller stated the City publicly funds non-profits that help low-income residents with many
types of civil legal matters, yet immigration civil matters have been excluded. She supported the
formation of an immigration legal services fund.
Dick DeCook stated Councilmembers are elected by the citizens and stated the formation of a legal
services fund to defend illegal immigrants who have broken U.S. law is opposed by a large
majority of citizens.
(Indecipherable first name) Gonzales supported the formation of an immigration legal services
fund.
Oliver Richardson opposed the formation of an immigration legal services fund stating
government funds should not be used to defend illegal immigrants.
Jenny (no last name given) supported the formation of an immigration legal services fund.
Adriana Quintero supported the formation of an immigration legal services fund.
Kristin (no last name given) stated having access to low-cost legal representation is important for
family unity and stability.
Marta (indecipherable last name) supported the formation of an immigration legal services fund.
(Indecipherable name) supported the formation of an immigration legal services fund.
(Indecipherable name) supported the formation of an immigration legal services fund.
Milena Vivas discussed her journey to becoming an American citizen and expressed support for
the formation of an immigration legal services fund.
Rory King supported the formation of the immigration legal services fund without the one year
residency stipulation.
Ed Haynes questioned whether any state or local civil law breakers qualify for the use of this fund
and opposed the formation of an immigration legal services fund.
Kristin Heightner supported the formation of the immigration legal services fund without the one
year residency stipulation. She stated it would be an important step toward the City’s stated
commitment to equity and inclusion, leading with race.
George Winski opposed the formation of an immigration legal services fund.
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Cain (no last name given) opposed the formation of an immigration legal services fund stating it
would make Fort Collins a sanctuary city.
Peter O’Neill stated immigration is not a matter for local city government and opposed the
formation of an immigration legal services fund. He encouraged citizens to boycott Connexion
until this ordinance is withdrawn.
Tom Rhodes expressed support for the formation of an immigration legal services fund and
discussed his organization’s work in providing aid.
Tom Drean questioned why this is not going through a normal budget process to be compared to
other community needs. He opposed the formation of an immigration legal services fund stating
it prioritizes one group over others. He suggested this item should go before voters.
Jim Martin stated need should be addressed in considering the formation of this fund and opposed
the formation of an immigration legal services fund.
John Woram opposed the formation of an immigration legal services fund and questioned why it
was not part of a regular budget cycle. He claimed Mayor Pro Tem Gorgol and Councilmember
Canonico have conflicts of interest.
Rutilio Martinez commented on land being taken from Native Americans and stated immigrants
are in the United States and hired because of the need for cheap labor. He supported the formation
of an immigration legal services fund.
Reverend Dana Lightsay supported the formation of an immigration legal services fund.
Amy Hoeven supported the formation of an immigration legal services fund.
Lisa Duran, Colorado Immigrant Rights Coalition, supported the formation of an immigration
legal services fund. She noted undocumented immigrants also pay taxes and will therefore
contribute to this fund.
Tom Nichel questioned what gives Council the authority to use tax dollars for legal defense of law
breakers.
Terry Francl opposed the formation of an immigration legal services fund.
Gayla Martinez supported the formation of an immigration legal services fund. She stated it would
be an investment for the entire community.
Wendy Lemke opposed the formation of an immigration legal services fund.
Debbie Hayhow supported the formation of an immigration legal services fund.
Lynn Jacquart opposed the formation of an immigration legal services fund.
Kristi Smiley opposed the formation of an immigration legal services fund noting it was not part
of a regular budget cycle. She stated the topic should be placed on a ballot before voters.
Carl Glaser opposed the formation of an immigration legal services fund and stated an affirmative
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vote would result in a violation of the Constitution and City Charter.
Yvonne Piaz opposed the formation of an immigration legal services fund. She stated immigration
laws should be changed if needed rather than ignored.
(No name given) stated this issue should go to a vote of the citizens. He opposed the formation of
an immigration legal services fund.
(No name given) questioned whether this is the stewardship of the city of Fort Collins and
questioned whether the need is great enough to justify the use of reserves.
Shayne Weber supported the formation of an immigration legal services fund.
Josh Stallings supported the formation of an immigration legal services fund without the one year
residency stipulation.
Colin (no last name given) supported the formation of an immigration legal services fund noting
undocumented immigrants also pay taxes.
Jim Winebrener opposed the formation of an immigration legal services fund stating it would use
taxpayer money to promote the undesirable behavior of illegal immigration. He suggested the
item should be placed on a ballot for voters.
Alyssa Esposito supported the formation of an immigration legal services fund.
Rich Stave questioned why Fort Collins is taking on an international issue on which the federal
government should be the authority. He questioned whether this item falls within the purview of
local government.
Kitty Drean questioned how the evaluation will occur and asked what type of needs assessment
was done, who did it, and how many people would potentially apply for these funds.
Cami Larson thanked Councilmembers Gutowsky, Ohlson, and Peel for hearing the concerns of
the community and being willing to offer a compromise. She questioned why this was not part of
a regular budget cycle.
Keilly Leon supported the formation of an immigration legal services fund.
Lisa Maclean thanked Councilmembers Gutowsky, Ohlson, and Peel for opposing this ordinance
on first reading as it did not go through a normal budget or grant process.
Raquel (no last name given) supported the formation of an immigration legal services fund and
opposed the use of the word ‘illegal’ stating no human is illegal.
Rita Massey expressed support for the amendments that were proposed during the last meeting.
(No name given) stated this fund is the equivalent of being taxed without representation and stated
it should be placed on a ballot.
Shaleen Morales expressed support for the formation of an immigration legal services fund.
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Caleb Larson thanked Councilmembers Gutowsky, Ohlson, and Peel for opposing this ordinance
on first reading and stated it should be placed on a ballot.
Kiera Vaughan stated immigrants are important to the community; however, she opposed using
tax dollars on this fund.
Mary Kay Morrison questioned whether an income limit could be considered.
Mayor Arndt thanked the speakers for their kind and thoughtful comments.
Judy Pappenfusse stated more speakers have been opposed to the formation of an immigration
legal services fund and questioned how many emails were received on each side of the issue. She
stated the elected representatives are not voting with their constituents.
Emily Gallishote supported the formation of an immigration legal services fund without the one
year residency requirement.
Kevin Corasso opposed the formation of an immigration legal services fund.
Raiza Moore supported the formation of an immigration legal services fund.
Joy Athanasiou supported the formation of an immigration legal services fund.
Miriam Ortiz supported the formation of an immigration legal services fund.
Amber Lane commented on the value of immigrants to the community and suggested consideration
of this item be tabled to ensure it meets the law of treaties.
Dotty Greeley opposed the use of taxpayer dollars to fund an immigration legal services fund. She
stated this item should be placed on a ballot.
Ryan (no last name given) supported the formation of an immigration legal services fund.
Sarah Grace Haven supported the formation of an immigration legal services fund.
Erin Hottenstein supported the formation of an immigration legal services fund.
Gary (no last name given) stated the City Charter does not provide Council the authority to adopt
an ordinance or other provision for funding legal services for immigrants, particularly those who
may not be citizens of Fort Collins or the United States.
Councilmember Gutowsky asked who will administer this program. Champine replied a City
department would take the lead on organizing and implementing the selection process for the grant
and review applications for a service provider who, once selected, would then use the funds for
providing services to the immigrant community if the appropriation is approved.
Councilmember Gutowsky asked if the funds would go to non-profits or attorneys. Champine
replied staff has learned that service providers who work in the immigration space, particularly in
northern Colorado, are not currently providing legal services or guidance. She outlined
possibilities for organizations which may apply to administer the funds.
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Councilmember Gutowksy asked where the dollars will go once a service provider is selected.
Champine replied they could go to a non-profit organization that is a service provider in this realm.
Mayor Arndt requested information regarding the inclusion of an income qualifier given recent
developments at the state level. City Attorney Daggett replied the general assembly enacted, and
the governor signed, a bill that created a state-funded immigration legal fund and a bill that
addresses current language in state law that requires proof of lawful presence to be collected in
connection with local government distribution of public benefits. She stated staff has been
examining what characteristics this program can have that will prevent it from triggering the
requirement for affidavits of lawful presence. She stated it is not clear that the absence of an
income requirement will have a significant impact on who would be accessing the program.
Mayor Pro Tem Gorgol requested input regarding the inclusion of an age qualifier or residency
requirements. Champine replied many programs have residency requirements; however, there can
be issues with timeframes for specific types of legal cases, such as asylum seekers.
Mayor Pro Tem Gorgol asked what age is considered to be a juvenile. JC Ward, Social
Sustainability, replied it varies based on the type of court case.
Mayor Pro Tem Gorgol asked if metrics will be kept on how many people were not able to be
assisted due to the one-year residency requirement. Ward replied that may be a difficult statistic
to track given ineligible parties may not seek assistance.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 064, 2021, on Second Reading, as amended to include an age requirement of 21 or
older for the one-year residency and decreasing funding from $250,000 to $150,000.
Mayor Pro Tem Gorgol stated her amendment will keep additional barriers from arising for cases
involving children and noted the pilot program will be evaluated in 18 months at the time of the
normal budget cycle.
Mayor Arndt requested an amendment to include proof of residency in Fort Collins. Mayor Pro
Tem Gorgol and Councilmember Pignataro accepted the amendment as friendly.
Councilmember Peel thanked Mayor Pro Tem Gorgol for her amendment but expressed concern
about the divisiveness caused by this item to both the community and Council. She also expressed
concern about the item creating hard feelings toward the community’s immigrant population. She
suggested Council should place this item on a future ballot and expressed concern its passage will
decrease trust in the city’s government.
Councilmember Pignataro thanked Councilmember Peel for her comments and noted there will be
many items on which Council will not agree in the future given the diversity of the community.
She thanked staff for their work on this item and stated there is a need for this program based on
data and facts. She noted the grant recipient will be providing the following: the number of clients
served, the outcome of cases, the type of cases, client family data, client country of origin, client
ethnicity, client zip code, clients’ duration in Fort Collins and the United States, whether bond or
release was granted, cost of bond, income range of the client, and the number of days the client
has been in detention.
Mayor Pro Tem Gorgol stated she would support this item as immigrants are contributing
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community members and part of the social fabric. She stated everyone deserves a right to due
process, and that is not occurring for immigrants right now.
Councilmember Canonico thanked the citizens who spoke and noted the community has decided
that equity, inclusion, and leading with race are important. She stated this item is a matter of equity
and she will support it. She stated the decrease in funding is in line with what other communities
have done.
Councilmember Ohlson asked if the $150,000 is for the entire 18-month pilot program. Mayor
Pro Tem Gorgol replied in the affirmative. City Attorney Daggett agreed and clarified Council
always has the option to include additional funding.
Councilmember Gutowsky stated she would like staff to be directed to actively seek additional
resources to supplement the $150,000.
Mayor Arndt noted placing that burden on staff would require the commitment of additional City
resources.
Councilmember Pignataro noted this is a pass -through program and requested some additional
clarification. Ward replied other municipal immigration legal funds have not seen a high level of
success in soliciting donors for matching funds and the residency requirement will make the
program ineligible for some of the larger grants. She stated as a pass-through grant, funds would
be able to be solicited from other sources and divided among services providers based on requests
for proposal. She did note that would require staff time.
Councilmember Pignataro asked about the grant amounts for which this program would not be
eligible given the residency requirement. Ward replied there are various federal programs with
varying amounts that require universal representation.
Mayor Arndt commented on the importance of ensuring this is a pilot at this point and stated she
would like the burden of seeking additional funds being placed on the service provider.
Councilmember Ohlson encouraged using City Give to garner additional private funds and stated
that would not add much staff time.
City Attorney Daggett suggested the following ordinance language: “Council encourages the City
Manager to investigate and pursue funding sources to supplement the City funding appropriated
in this ordinance for use during the pilot program and potentially to fund ongoing services.”
Mayor Arndt stated that would be appropriate language after the pilot and stated she would like
this to be a pass-through program as written.
Nina Bodenhamer, City Give Director, clarified City Give donations assure fiscal accountability
and could be a good option as an addition to the pilot.
Councilmember Gutowsky noted the residency requirement and decrease in funding were
amendments she had previously requested. She stated a good pilot has a limited scope, a specific
demographic, and data-driven regular updates with specific expectations for success, and this pilot
has that.
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Councilmember Peel stated she would not support the motion as she does not believe the city
government is responsible in this arena.
Councilmember Gutowsky agreed it is not the job of the city government to facilitate programs;
however, she does believe it is the job of the city government to be the spark that ignites programs.
RESULT: ORDINANCE NO. 064, 2021 ADOPTED AS AMENDED ON SECOND READING
[5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Gutowsky
NAYS: Peel, Ohlson
Motion to Suspend the Rules to Continue the Meeting Past 10:30 PM.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to suspend the
rules to continue the meeting past 10:30 P.M. Yeas: Pignataro, Gorgol, Arndt, Canonico and
Gutowsky. Nays: Peel and Ohlson.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: MOTION ADOPTED [5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Gutowsky
NAYS: Peel, Ohlson
3. First Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort
Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the
Income-Qualified Assistance Program. (Adopted on First Reading)
The purpose of this item is to consider a Code amendment to extend the Income-Qualified Assistance
Program (IQAP) pilot rate an additional year (through 2022) and align it with the Fort Collins Utilities’
rate ordinances that are considered in the fall. Additionally, this item considers Code amendments that
would make administrative modifications to the program’s enrollment process.
Brian Tholl, Utilities Energy Services Supervisor, stated staff will be providing an update on the
utility affordability portfolio and the income-qualified assistance program pilot (IQAP), which will
expire at the end of July if no action is taken. He discussed payment options and services provided
by the portfolio of affordability programs.
Jamie Gaskill, Utilities Affordability Program Manager, outlined the program’s alignment with
strategic objectives and Our Climate Future. She discussed the public outreach and engagement
aspects of the program and outlined the evaluation surveys and billing analysis. She discussed the
program participation numbers and stated customers are saving about $200 per year on utility bills.
She stated the two items for consideration with this ordinance are whether the IQAP rate pilot
should be extended another year and aligned with the utilities rate ordinance that typically goes
before Council in the fall, and whether IQAP should be made an auto-enroll or opt out program
instead of an application based or opt-in program. She discussed the pros of an auto-enroll
program.
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Councilmember Peel asked why the enrollment in the program was lower than originally projected.
Gaskill replied there are not as many people on LEAP in the community as originally projected
and a second application is required which may prevent people from applying.
Councilmember Peel asked if an auto enroll program is a best practice. Gaskill replied it is
considered a best practice as a more customer-focused program design. She noted there is also an
option for customers to opt out and any qualifying customer would have already gone through the
application process for LEAP.
Councilmember Peel asked if auto enrolling customers could potentially inadvertently affect any
other benefits they are receiving. Gaskill replied she was not aware of an auto enrollment in IQAP
having any affects on other benefits.
George Winski commented on the pilot lasting four years.
Mayor Pro Tem Gorgol noted the Council Finance Committee had discussions about wanting to
make this a permanent program and the additional year will help provide data. Gaskill replied
staff is seeking data on whether there is a benefit of the program to all ratepayers.
Mayor Pro Tem Gorgol agreed auto enroll is a best practice and thanked staff for their work.
Councilmember Pignataro discussed the length of the pilot noting a shorter term would not have
proven the long-term viability of the program given the seasonality of utilities.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 091, 2021, on First Reading.
Councilmember Peel made a motion to amend by eliminating the auto enrollment piece. The
motion died for lack of a second.
RESULT: ORDINANCE NO. 091 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
4. Resolution 2021-074 Expressing Council's Intent and Direction Regarding Remote Work
Sessions. (Adopted)
The purpose of this item is to adopt a Resolution expressing Council’s intent and direction regarding
remote work sessions. This Resolution sets a consistent expectation for the format of Council work
sessions; Alternative 1 makes remote participation the default format while Alternative 2 makes in -
person participation the default.
Rich Stave stated he would like to see remote options available for meetings as it provides more
flexibility for citizens to attend.
Councilmember Ohlson asked if this item only addresses Council work sessions and not Boards
and Commissions meetings. He noted citizens do not have the opportunity to comment at work
sessions and expressed support for the default to be in-person. He discussed the benefits of face-
to-face meetings.
July 6, 2021
City of Fort Collins Page 480
Councilmember Pignataro asked when other meeting types will be addressed. City Attorney
Daggett replied there are carryover provisions that are still in effect and they focus more on remote
participation by Councilmembers rather than the public.
Councilmember Pignataro expressed appreciation for Councilmember Ohlson’s perspective;
however, she expressed support for alternative 1 as it provides more opportunity for participation
by staff and citizens.
Mayor Arndt requested an explanation of the differences between the alternatives. City Attorney
replied alternative 1 provides that the default will be that work sessions are held remotely;
however, the City Manager, when circumstances suggest that an in-person work session would be
desirable, can notify Council a week in advance that the meeting will occur in person. Alternative
2 provides that the default will be an in-person work session and the City Manager can notify
Council that the work session will be conducted remotely if circumstances suggest that is a better
option.
Mayor Arndt asked about the expenses and planning associated with opening City Hall and
providing security. City Manager Atteberry replied there will be costs associated though he did
not have exact numbers.
Councilmember Ohlson opposed using COVID as a reason for holding remote meetings at this
point. He stated in-person work sessions have worked well for many years without police
protection. He supported the ability of staff members or Councilmembers to occasionally
participate remotely. He stated governing is not meant to be convenient.
Mayor Arndt stated she does not see a big distinction between the alternatives as remote
participation is an option either way.
Councilmember Ohlson stated any cost associated with in-person meetings would be miniscule.
City Manager Atteberry stated there are no material cost implications with in-person work
sessions.
Mayor Pro Tem Gorgol stated she does not believe this is being done under the guise of COVID
and the remote options developed during the pandemic provide flexibility moving forward.
Councilmembers discussed moving forward with a hybrid meeting option. City Attorney Daggett
discussed the benefits of having a de facto plan using one of the existing alternatives and stated
she is unsure how to phrase a hybrid option as either alternative allows remote participation.
Tyler Marr commented on the default assumption of the meeting format being valuable for FCTV.
Councilmember Pignataro asked if there is a preference among staff. City Manager Atteberry
replied there is a general preference for having a remote participation option. He suggested moving
forward with alternative 2 but noted the set up does take some time and if there are consistently
few Councilmembers participating in person, there may be some need to readjust.
Mayor Arndt stated she would like to ensure staff members understand the remote option is
acceptable. City Manager Atteberry stated he would ensure that occurs.
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Mayor Pro Tem Gorgol asked if each Councilmember would be expected to inform staff of their
plans each work session week. City Attorney Daggett replied members could inform Council of
plans ‘for the foreseeable future.’
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Resolution 2021-074 with alternative 2.
Mayor Arndt reiterated it is completely acceptable for all staff members to attend remotely if they
so choose.
Councilmember Pignataro suggested this be reevaluated in six months. City Attorney Daggett
replied it could be included in the six-month planning calendar rather than in the resolution itself.
RESULT: RESOLUTION 2021-074 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
Motion to Suspend the Rules to Continue the Meeting Past Midnight.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to suspend the
rules to continue the meeting past midnight.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Pete Canlin, American Kratom Association Executive Director, discussed Item No. 5, Second
Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort Collins
Regarding Smoking Materials, and referenced the safe use of kratom for centuries. He stated his
organization objects to the characterization of kratom as a smokable material.
Ron Weinberg stated members of the public with concerns about the Consent Agenda have already
left the meeting and questioned whether Council should continue without hearing those concerns.
Councilmember Pignataro withdrew Item No. 5, Second Reading of Ordinance No. 082, 2021,
Amending Chapter 12 of the Code of the City of Fort Collins Regarding Smoking Materials, from
consideration under the Consent Agenda.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt and
approve all items not withdrawn from the Consent Agenda.
Councilmember Pignataro commented on the importance of addressing Ms. Lane’s concerns and
stated part of the new equity office will be determining how to move forward with governing while
still addressing those concerns.
5. Consideration and Approval of the Minutes of the June 1, 2021 Regular meeting. (Adopted)
July 6, 2021
City of Fort Collins Page 482
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
6. Second Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion
of the City's American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response
to and Recovery From the COVID-19 Pandemic. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates $4,217,846
(equivalent to fifteen percent) of the funds the City will receive from the American Rescue Plan Act’s
Coronavirus State and Local Fiscal Recovery Fund (“ARPA”). T he appropriated amount will be used
to address immediate and short-term needs in response to the COVID-19 public health emergency
and its negative impact to our community’s health, social well-being and economy.
RESULT: ORDINANCE NO. 079 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
7. Second Reading of Ordinance No. 080, 2021, Making Supplemental Appropriations for the
Restorative Justice Services Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services. The
City has received a grant in the amount of $67,612 from the Colorado Division of Criminal Justice
Juvenile Division fund for the continued operation of Restorative Justice Services, which includes the
RESTORE program for shoplifting offenses, the Restorative Justice Conferencing Program (RJCP),
and Reflect Program for all other offenses. No match is required. The grant period is July 1, 2021, to
June 30, 2022.
RESULT: ORDINANCE NO. 080 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
8. Second Reading of Ordinance No. 081, 2021, Amending Section 2-34 of the Code of the City of
Fort Collins to Designate the City’s Website as the Proper Place for Posting of City Council
Meeting Notices and Agendas. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends City Code to
designate the proper place for the posting of all public notices and agenda materials related to Council
meetings and committees as the City’s website at fcgov.com.
RESULT: ORDINANCE NO. 081 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
July 6, 2021
City of Fort Collins Page 483
9. Second Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of
Fort Collins Regarding Smoking Materials. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends Chapter 12 of the
City Code to reflect adopted State of Colorado House Bill (HB) actions which equate “vaping” with
“smoking” and change age restrictions on selling smokable products from 18 years old to 21. It would
also add a local definition of “smoking material” to clearly define what products cannot be sold to
persons under 21 years of age for purposes of smoking or vaping.
Councilmember Pignataro stated she would be voting against this item which is why she pulled it.
Mayor Pro Tem Gorgol noted the age being raised to 21 is a federal regulation.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 082, 2021, on Second Reading.
RESULT: ORDINANCE NO. 082 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Emily Gorgol, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
NAYS: Pignataro
10. Second Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater
Easement on Larimer County Landfill Property to Larimer County. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, conveys a wastewater
easement to Larimer County on the Larimer County Landfill property, which is co -owned by Larimer
County (25%); the City of Loveland (25%); and the City of Fort Collins (50%). The easement is
necessary for the construction of the future Larimer County Behavioral Health Facility on County -
owned property directly to the south of the landfill. Approval by all three municipalities is required for
the conveyance of the easement, because all three have an ownership interest in the property.
RESULT: ORDINANCE NO. 083 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
11. Second Reading of Ordinance No. 084, 2021, Amending Chapter 24 of the Code of the City of
Fort Collins to Adopt the Updated 2021 Larimer County Urban Area Street Standards by
Reference. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, adopts an updated 2021
version of the Larimer County Urban Area Street Standards (2021 LCUASS). These updates occur on
a periodic basis. LCUASS guides the design of both private developments and public engineering
capital projects within the City and in the growth management areas of the Cities of Fort Collins and
Loveland. The LCUASS are also referenced and used as part of other local jurisdictions road
standards. LCUASS was originally adopted on January 2, 2001, by Ordinance No. 186, 2000.
July 6, 2021
City of Fort Collins Page 484
RESULT: ORDINANCE NO. 084 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
12. First Reading of Ordinance No. 085, 2021, Appropriating Prior Year Reserves from the Public,
Educational, and Governmental (PEG) Programming Fund in the General Fund for FC Public
Media. (Adopted on First Reading)
The purpose of this item is to appropriate $66,844 in restricted Public, Educational, and Governmental
(PEG) reserves in the General Fund to Fort Collins Public Access Network (d/b/a FC Public Media) for
eligible capital expenditures for their operation.
RESULT: ORDINANCE NO. 085 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
13. First Reading of Ordinance No. 086, 2021, Appropriating Unanticipated Revenue from
Philanthropic Donations Received by City Give to Support the Operations of The Gardens on
Spring Creek. (Adopted on First Reading)
The purpose of this item is to request an appropriation of $30,000 in philanthropic revenue received
through City Give for The Gardens on Spring Creek to support operations as designated by the donor,
The Friends of the Gardens on Spring Creek.
RESULT: ORDINANCE NO. 086 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
14. First Reading of Ordinance No. 087, 2021 Amending the Code of the City of Fort Collins to
Correct and Clarify an Inadvertent Change to the Appeal to the City Council of Final Decisions
by the Building Review Commission and the Water Commission. (Adopted on First Reading)
The purpose of this item is to provide Council with an opportunity to decide whether certain fina l
decisions by the Building Review Commission and the Water Commission that were appealable to
City Council prior to repeal and reenactment of Chapter 2, Article II, Division 3 of the City Code (the
“Appeals Code”) should be reinstated.
RESULT: ORDINANCE NO. 087 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
15. Items Relating to the Northeast Frontage Road Annexation. (Adopted)
July 6, 2021
City of Fort Collins Page 485
A. Resolution 2021-071 Setting Forth Findings of Fact and Determinations Regarding the
Northeast Frontage Road Annexation.
B. Public Hearing and First Reading of Ordinance No. 088, 2021, Annexing the Property Known
as Northeast Frontage Road Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to request the 100% voluntary annexation of a former frontage road that
was recently vacated by Colorado Department of Transportation (CDOT). The vacated 4-acre tract of
land reverted to the adjacent property owner, who is now petitioning for annexation and zoning of the
property. The Initiating Resolution was adopted on May 18, 2021. The property is located within the
boundary of the I-25 Corridor Plan. A related item to zone the annexed property is presented as the
next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate
to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreements.
RESULT: RESOLUTION 2021-071 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
RESULT: ORDINANCE NO. 088 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
16. Public Hearing and First Reading of Ordinance No. 089, 2021, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Northeast
Frontage Road Annexation to the City Of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map and Lighting Co ntext Area Map.
(Adopted on First Reading)
The purpose of this item is to zone the property included in the Northeast Frontage Road Annexation
into the General Commercial (C-G) zone district and LC2 Lighting Context Area.
This item is a quasi-judicial matter and if it 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.
RESULT: ORDINANCE NO. 089 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
17. Public Hearing and First Reading of Ordinance No. 090, 2021 Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as
the Northeast Prospect & I-25 Rezoning and Making Corresponding Changes to the Lighting
Context Area Map and Residential Neighborhood Sign District Map. (Adopted on First Reading)
The purpose of this item is to rezone 4.265-acres in the northeast quadrant of the I-25 and East
Prospect Road interchange (parcel # 8715000009). The site is currently zoned Urban Estate (UE) and
the request is for placement into the Industrial (I) zone district.
July 6, 2021
City of Fort Collins Page 486
This item is a quasi-judicial matter and if it 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.
RESULT: ORDINANCE NO. 090 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
18. Resolution 2021-072 Approving the 2021 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment
from the 2021 property taxes payable in 2022 to the City and to all other affected taxing entities.
RESULT: RESOLUTION 2021-072 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
19. Resolution 2021-073 Approving the Appointment of Tammi Pusheck as Interim City Clerk
Effective as of June 28, 2021. (Adopted)
The purpose of this item is to appoint Tammi Pusheck as Interim City Clerk following the resignation
of City Clerk Delynn Coldiron.
RESULT: RESOLUTION 2021-073 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
• OTHER BUSINESS
A. Consideration of a motion to reschedule the August 3 Regular meeting to 6:00 p.m. on August 4, 2021 :
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, pursuant to City
Code Section 2-28 (a), that the August 3, 2021, Regular Council meeting be moved to Wednesday,
August 4, 2021, so that Councilmembers may participate in the annual “Neighborhood Night Out”
community activities that are scheduled for the evening of August 3.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
B. Consideration of a motion to cancel the August 17 Regular meeting:
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, pursuant to City
Code Section 2-28 (a), that the August 17, 2021, Regular Council meeting be cancelled.
July 6, 2021
City of Fort Collins Page 487
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 12:36 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 488
July 20, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
Acting City Manager Kelly DiMartino stated the title of Item No. 9, First Reading of Ordinance
No. 093, 2021, Appropriating Unanticipated Philanthropic Revenue Received by City Give for the
Art in Public Places Program, Pianos About Town Project, was revised, and an item considering
adjourning to July 26 at 3:00 PM to consider Executive Sessions has been added. She reviewed
the public participation options.
• PUBLIC COMMENT
Ed Beuan, Larimer Alliance for Health, Safety, and the Environment, discussed the state priority
to protect public health, safety, and the environment to permit oil and gas projects. He noted the
Alliance has provided feedback to the County regarding concerns it has with the proposed oil and
gas regulations being considered by the Commissioners. He stated Fort Collins should enact
protections on its natural areas holdings.
Mary Alice Grant requested Council provide the community with an update on the progress that
has been made regarding the City’s attempt to purchase the Hughes Stadium property. She
requested staff address rumors that have been circulating regarding the efforts of CSU and the
City.
Sammy Davison commented on the lack of trail opportunities for female mountain bikers in Fort
Collins. She also commented on safety concerns related to traveling in bike lanes.
Logan Von Bokel discussed the need for additional mixed-use and soft surface trails in the city.
He discussed the need for creating trails that connect the city to outlying foothills trails.
Gianna Defazio discussed the dangerous routes for bikes from the city to foothills trails. She also
commented on the lack of new trails being built and existing crowded trail conditions.
Jessy Lloyd discussed the importance of a balanced approach to conservation and recreation within
the urban wildland interface. She opposed the changes made to the Maxwell Trail.
Mike Woodard discussed the need for new natural surface single-track trails for mountain bikes.
Anna Kelso discussed the bicycling opportunities in Fort Collins and stated there is untapped
potential for trail development. She requested the City employ a dedicated outdoor recreation and
trails manager and requested an examination of whether Natural Areas is the appropriate
department to handle trails decisions.
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Johnny Daggett commented on the money a bike park or other mountain bike infrastructure would
bring into the community.
Max Abernathy commented on the lack of a safe route to foothills trails, particularly for younger
riders.
Cade Shortridge discussed the need for safe routes to foothills trails.
Tristan West discussed the need for safe routes to foothills trails.
Andy Clark discussed the need for additional mountain bike trails. He stated the Maxwell Trail is
now dangerous with its new design given speed differentials that lead to conflict.
Eric Sutherland commended the work done on the Maxwell Trail and stated he would like to see
other improvement to ensure the widest variety of users can enjoy the experience. He stated City
Manager Atteberry has been dishonest in his assessment of Connexion and stated the program has
not been successful. He stated a citizen’s advisory panel should be convened to advise Council
which is incompetent in dealing with this matter.
Amber Lane commented on the Hughes Stadium property stating the land was given to CSU from
the federal government for the purposes of agricultural use and stated any issue concerning land,
air, water, wildlife, and Indigenous ways need to involve consultations with Indigenous people.
She announced a gathering at the Hughes Stadium property on Saturday.
Christina Eala discussed her family history as a Lakota and expressed concern about the lack of
diversity in Fort Collins. She requested the City take the action necessary to return the Hughes
Stadium land to its original stewards, Native Americans. She requested the City make its default
to seek and obtain free, prior, and informed consent.
Kevin Krause requested the City thoughtfully organize around citizens’ outdoor recreation
expectations. He requested specific plans for outdoor recreation be formed based on modern usage
patterns and population growth. He suggested an outdoor recreation board that spans departments
and directly involves citizen groups be formed.
Glen Akins suggested a focus on communication, collaboration, and leadership moving forward
with trail development and improvements. He stated there should be more volunteer opportunities
available for citizens to help with trail construction and maintenance.
Rory Heath thanked the speakers who spoke on behalf of recreation and encouraged citizens to
reach out to PATHS. He commented on the impending expiring lease for the Aggie Greens disc
golf course.
Kate Rout commented on the high demand for a variety of multi-use recreational trails in Fort
Collins and encouraged the City to apply the results of studies to the best of its ability.
Isabel Durvis commended the existing trail opportunities and commented on safety concerns with
riding from town to the foothills trails. She discussed the importance of access to outdoor
recreation for mental health.
Elisa Tovina commented on the polarizing effect of the debate over the Hughes Stadium property
and encouraged the City, in its negotiations with CSU, to point out other options for locating
City of Fort Collins Page 490
affordable student and staff housing around the city and to return the open space at the Hughes site
to the stewardship of the original first nations in the region.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson discussed his history in working to protect open space and natural areas
in Fort Collins and Larimer County and discussed the ballot measures passed by citizens to protect
those lands and their habitats and to allow for appropriate recreation. He noted the tax measures
were not parks or recreation taxes; however, he expressed his willingness to work with citizens to
acquire more lands or funds for recreation opportunities and to work on connectivity if habitat is
not being disrupted. He stated growth has created this issue and the solution is to acquire new
property that will allow for more trails rather than placing more trails on existing land.
Councilmember Canonico thanked the citizens who spoke and concurred with the safety issues
mentioned.
Mayor Pro Tem Gorgol thanked the speakers and concurred with safety and crowding issues. She
suggested there is an opportunity to work with the County as it is responsible for many of the
roadways and trails mentioned. She asked if the conflicts between bikers and hikers are being
monitored given the Maxwell Trail has been made easier and therefore bikers can go faster. Zoe
Shark, Interim Natural Areas Director, replied the Maxwell Trail is being monitored and there
have been no direct reports of accidents; however, she requested citizens report any incidents.
Mayor Pro Tem Gorgol asked if there is someone on staff who focuses specifically on recreation.
Shark replied there is a Human Dimensions in Natural Resources Planner, Heidi Wagner, who
helps plan for visitor use.
Councilmember Ohlson commented on the City’s trail placement plan and requested additional
detail from staff. Shark discussed the impact decision-making framework that involves a series of
21 questions, many of which are ecologically based. She stated staff reviewed a second parallel
trail at Maxwell and decided against it due to ecological impacts and also decided against three or
four alignments from Pineridge to Centennial Road for various reasons.
Councilmember Ohlson stated it is his belief the City and CSU are making good faith efforts to
resolve the Hughes Stadium property issue per the will of the voters.
Mayor Arndt commended the speakers and echoed Councilmember Ohlson’s comments about the
Hughes property.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSENT CALENDAR
Councilmember Gutowsky withdrew Item No. 8, First Reading of Ordinance No. 092, 2021,
Appropriating Unanticipated Philanthropic Revenue Received by City Give to Construct a Plaza
at Sugar Beet Park for the Hand that Feeds Sculpture Project, from the Consent Agenda.
Councilmember Canonico withdrew Item No. 10, First Reading of Ordinance No. 094, 2021,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Drake
and College Intersection Improvements Project and Related Art in Public Places, from the
Consent Agenda.
City of Fort Collins Page 491
Amber Lane withdrew all remaining items from the Consent Agenda that are not valuable to all,
sustainable seven generations into the future, and that do not contain proof of consultation with
tribal nations.
Mayor Pro Tem Gorgol suggested suspending the rules to consider the citizen-pulled Consent
Agenda items prior to the Discussion Agenda. City Attorney Daggett provided input on possible
ways to proceed.
Mayor Pro Tem Gorgol suggested moving forward with general public comment then comment
on the entire Consent Agenda. Mayor Arndt concurred and provided direction to citizens.
City Attorney Daggett called attention to Section 1H of the Council meeting procedures which
provides for a process for which a substantial number of Consent items has been pulled.
Amber Lane asked about the recourse for items that affect land for which there is no clear title and
asked if the City has access to a tribal nation liaison or tribal attorney who understands native
treaties. She stated it is short-sighted to not consider future generations in decision making.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, to adopt and
approve all items on the Consent Agenda less item Nos. 8 and 10.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
1. Consideration and Approval of the Minutes of the June 15, 2021 Regular Meeting and the June
22, 2021 Adjourned Meeting. (Adopted)
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting and the June
22, 2021 Adjourned meeting.
2. Second Reading of Ordinance No. 085, 2021, Appropriating Prior Year Reserves from the
Public, Educational, and Governmental (PEG) Programming Fund in the General Fund for FC
Public Media. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $66,844 in
restricted Public, Educational, and Governmental (PEG) reserves in the General F und to Fort Collins
Public Access Network (d/b/a FC Public Media) for eligible capital expenditures for their operation.
3. Second Reading of Ordinance No. 086, 2021, Appropriating Unanticipated Revenue from
Philanthropic Donations Received by City Give to Support the Operations of The Gardens on
Spring Creek. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $30,000 in
philanthropic revenue received through City Give for The Gardens on Spring Creek to support
operations as designated by the donor, The Friends of the Gardens on Spring Creek.
4. Second Reading of Ordinance No. 087, 2021 Amending the Code of the City of Fort Collins to
Correct and Clarify an Inadvertent Change to the Appeal to the City Council of Final Decisions
by the Building Review Commission and the Water Commission. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, provides Council with an
opportunity to decide whether certain final decisions by the Building Review Commission and the
City of Fort Collins Page 492
Water Commission that were appealable to City Council prior to repeal and reenactment of Chapter 2,
Article II, Division 3 of the City Code (the “Appeals Code”) should be reinstated.
5. Second Reading of Ordinance No. 088, 2021, Annexing the Property Known as the Northeast
Frontage Road Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, requests the 100% voluntary
annexation of a former frontage road that was recently vacated by Colorado Department of
Transportation (CDOT). The vacated 4-acre tract of land reverted to the adjacent property owner, who
is now petitioning for annexation and zoning of the property. The Initiating Resolution was adopted on
May 18, 2021. The property is located within the boundary of the I -25 Corridor Plan. A related item to
zone the annexed property is presented as the next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statu tes as they relate
to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreements.
6. Second Reading of Ordinance No. 089, 2021, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Northeast Frontage
Road Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes
to the Residential Neighborhood Sign District Map and Lighting Context Area Map. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, zone the property included in
the Northeast Frontage Road Annexation into the General Commercial (C -G) zone district and LC2
Lighting Context Area.
This item is a quasi-judicial matter and if it 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.
7. Second Reading of Ordinance No. 090, 2021 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Northeast Prospect & I-25 Rezoning and Making Corresponding Changes to the Lighting
Context Area Map and Residential Neighborhood Sign District Map. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, rezones 4.265 -acres in the
northeast quadrant of the I-25 and East Prospect Road interchange (parcel # 8715000009). The site
is currently zoned Urban Estate (UE) and the request is for placement into the Industrial (I) zone
district.
This item is a quasi-judicial matter and if it 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.
8. First Reading of Ordinance No. 093, 2021, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for the Art in Public Places Program, Pianos About Town Proj ect.
(Adopted)
The purpose of this item is to consider an appropriation of $45,193 in philanthropic revenue received
by City Give for the Art in Public Places program in the Cultural Services and Facilities Fund. This
grant award was received from Bohemian Foundation for the designated purpose of Pianos About
Town, a collaborative effort among the City of Fort Collins Art in Public Places program, the Fort Collins
Downtown Development Authority, and the donor, Bohemian Foundation.
City of Fort Collins Page 493
9. First Reading of Ordinance No. 095, 2021, Authorizing Conveyance of a Permanent Non -
Exclusive Utility Easement on Property Jointly Owned by the City and the City of Loveland at
the Northern Colorado Regional Airport for the Discovery Air Development. (Adopted)
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion of
Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland
and leased by Discovery Air, LLC, to allow for the installation and mai ntenance of electrical
infrastructure for the new Discovery Air development.
10. Resolution 2021- 076 Adopting the 2021 Larimer County Multi-Jurisdictional Hazard Mitigation
Plan. (Adopted)
The purpose of this Resolution is to affirm participation by the City in the Larimer County Multi-
Jurisdictional Hazard Mitigation Plan (HMP). The purpose of a hazard mitigation plan is to identify and
prioritize mitigation efforts that can reduce or eliminate long-term risk to people and property from
disasters and other hazard generating events. Studies have found that hazard mitigation is extremely
cost-effective, with every dollar spent on mitigation saving an average of $6 in avoided future losses.
• STAFF REPORTS
A. Staff Report: Natural Areas Visitation Update (staff: Zoe Shark)
Zoe Shark, Interim Natural Areas Director, provided an update on how the Natural Areas
Department is managing visitation as a key stewardship action. She stated the Natural Areas
mission features conservation as the highest priority while providing appropriate recreation;
therefore, visitor management is always filtered through the lens of conservation. She commented
on the dramatic increase in visitation due to the pandemic, population growth, and ease of access
to information about Natural Areas. She also commented on associated challenges with increased
visitation including parking management, crowd control, increased waste collection, and restroom
cleaning, which are all stretching staff capacity and bring the potential for negativ e visitor
experiences and resource damage; however, she stated those negative impacts have not been seen
at this point, though staff is monitoring the situation.
Shark discussed the Rapid Response Visitor Use Team formed in early 2020 and various
improvements made to address the increased number of visitors. She stated staff plans to continue
using a strategic approach and recognizes that stewardship is visitor management and managing
visitors is stewardship. She also stated there is an acknowledgement that there is a need for placing
resources within the funding structure that direct the conservation focus on land acquisition and
restoration. She discussed the importance of public input.
Mayor Pro Tem Gorgol asked about improvements made in terms of safely getting people to trails
via bike or walking. Shark discussed the spectrum of Natural Areas types and noted there are
some that are walkable and bikeable. She noted parking lots have been changed to accommodate
a few additional cars and stated the parking lot sizes have been planned based on the capacity of
the Natural Area; therefore, when the parking lot is full, that is an indication the Natural Area itself
is full. She discussed the importance of striking a balance between providing access and protecting
the Natural Areas.
Mayor Pro Tem Gorgol asked if most trailheads have bike parking. Shark replied a majority of
Natural Areas have bike racks at trailheads.
Mayor Pro Tem Gorgol suggested a BFO offer may need to be made to support funding for
maintenance given the increased visitation numbers. Shark noted there is a budget offer for a trails
and visitor amenities technician.
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Councilmember Ohlson asked if people can check the status of parking lots in real time. Shark
replied in the affirmative and stated there are web cams on some of the most popular parking lots.
Acting City Manager DiMartino introduced the new Community Services Director, Seve Ghose.
Councilmember Canonico asked if there are plans for a reservation system. Shark replied that has
been considered and could be utilized in the future.
• COUNCILMEMBER REPORTS
Councilmember Ohlson noted the Leadership minutes included information about Police Services
patrolling on Saturday evening to assist with the Council priority regarding improved traffic
compliance.
Councilmember Gutowsky reported on the recent Behavioral Health Policy Council meeting and
stated the permitting for the building is going well and groundbreaking should occur in late
September or early October with a planned opening in May of 2023. She stated behavioral health
grant applications are due July 31.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. First Reading of Ordinance No. 092, 2021, Appropriating Unanticipated Philanthropic Revenue
Received by City Give to Construct a Plaza at Sugar Beet Park for the Hand that Feeds
Sculpture Project. (Adopted on First Reading)
The purpose of this item is to request appropriation of $67,850 in philanthropic revenue received by
City Give for the Capital Projects Fund, Park Planning & Development, Community Services per the
intent of the donors: Mujeres de Colores and the Downtown Development Authority. The funds are
designated for the construction and installation of a plaza for The Hand That Feeds, a bronze sculpture
commemorating Mexican and Hispanic laborers who worked the sugar beet fields of Northern
Colorado, that Mujeres de Colores intends to donate to the City.
Councilmember Gutowsky requested the Council give the final approval for any narrative
associated with The Hand that Feeds sculpture at Sugar Beet Park stating it is important the facts
are accurate.
Councilmember Ohlson stated he would assume the City does its due diligence regarding items
under its stewardship. Nina Bodenhamer, City Give Director, stated there is a process in place for
any content or interpretive programming placed on City property. She acknowledged there is
important context for this sculpture and wide community support for the project. She stated there
is no current plan for interpretive programming, though there will be plaques recognizing donors
and the historical significance of the short hoe. She stated the City could choose to place
interpretive programming at the park in the future and the content would be owned, vetted,
generated, and approved by City staff.
Jerry Gavaldon commented on the history of sugar beet farming in Fort Collins and with his family.
He stated his family should be mentioned on any type of recognition plaque.
Cheryl Glanz echoed Mr. Gavaldon’s remarks and discussed her family’s history in the
Buckingham and Andersonville neighborhoods. She expressed concern about the indication the
area was solely established by Hispanics.
Amber Lane stated this shows the importance of needing a truth and reconciling process.
City of Fort Collins Page 495
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 092, 2021, on First Reading.
RESULT: ORDINANCE NO. 092, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
12. First Reading of Ordinance No. 094, 2021, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Drake and College Intersection Improvements Project and
Related Art in Public Places. (Adopted on First Reading)
The purpose of this item is to appropriate $498,900 in Transportation Capital Expansion Fee (TCEF)
Fund reserves and $1,100 in Transportation Services Fund reserves to begin design and c oordination
on the Drake and College intersection (the “Intersection”) improvements. This work must be done to
run concurrently with several active developments within the Urban Renewal Authority (URA) plan
area that are in the vicinity of the Intersection. In addition, this item will authorize the transfer of $5,000,
one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and
Facilities Fund for Art in Public Places (APP).
Councilmember Canonico asked if the Drake and College intersection was prioritized to
coordinate with Urban Renewal Authority plans and projects. Brad Buckman, City Engineer,
replied in the affirmative and noted there will be significant developments at the intersection in
the next couple years and the goal is to look at design elements and right-of-way prior to those
projects occurring. He stated it also provides the opportunity to partner with the Urban Renewal
Authority for partial funding.
Councilmember Canonico asked if a multi-modal approach is being considered in the design.
Buckman replied in the affirmative and noted all modes of travel, safety, mobility, and signal
improvements are all considered when redesigning intersections.
Councilmember Canonico asked if future appropriations are expected to continue with the design
work. Buckman replied in the affirmative and stated this $500,000 will get the design work started
and put things in place to begin acquiring construction funding.
Councilmember Ohlson asked if the initial design and scoping includes the possibility of an
underpass or overpass at the intersection. Buckman replied it includes the possibility of a future
underpass or overpass; however, the primary focus of the design is for the intersection
improvements. He noted these improvements would not be undone in the event of future
construction of an underpass or overpass.
Amber Lane questioned the sustainability of these types of improvements. Buckman replied the
City looks at using sustainable and recyclable materials when considering construction of capital
improvements. He noted the Vine and Lemay overpass has been designed with those
considerations and is planned to have a 70-year lifespan.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 094, 2021, on First Reading.
City of Fort Collins Page 496
RESULT: ORDINANCE NO. 094, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• DISCUSSION ITEMS
13. Second Reading of Ordinance No. 072, 2021, Amending Section 2 -568 of the Code of the City
of Fort Collins Relating to Ethical Rules of Conduct for Quasi-Judicial Commission Members.
(Adopted on Second Reading)
This Ordinance, adopted on July 6, 2021 by a vote of 5 -2 (Nays: Gutowsky, Ohlson), amends the
Ethical Rules of Conduct in Chapter 2 of the City Code to provide clear guidance and direction to T ype
2 Advisory Board and Quasi-Judicial Commission members with respect to activities that call for their
recusal from matters coming before them in their decision-making capacity.
Amber Lane commented on conflicts of interest and stated two Councilmembers have direct
contacts with La Familia and continued to vote on the immigrant legal fund item.
Mayor Arndt noted this item is related to quasi-judicial Commission members, not Council.
Councilmember Ohlson stated he will be voting against this item on Second Reading as he
disagrees with Commission members having the ability to appeal their own conflict of interest
after it has already been declared.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 072, 2021, on Second Reading.
RESULT: ORDINANCE NO. 072, 2021 ADOPTED ON SECOND READING [3 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico
NAYS: Ohlson, Gutowsky
ABSENT: Pignataro, Peel
14. First Reading of Ordinance No. 096, 2021, Amending the City's Structure Plan Map to Conform
to the Rezoning of the Hughes Stadium Annexation Property to Public Open Lands. (Adopted
on First Reading)
The purpose of this item is to update the Structure Plan map to be consistent with the recent voter-
directed rezoning of the Hughes Stadium property as Public Open Lands (POL). The Structure Plan
map, and its associated land use designations called ‘Place Types’ are part of City Plan, the City’s
comprehensive plan. The Structure Plan provides a long-term framework for land use and
transportation to guide growth and change. This update to the Structure Plan map eliminates the
conflict with the POL zoning on the Hughes Stadium property and appropriately represents the
community’s land use direction.
Clark Mapes, City Planner, stated this item involves an update to the City’s Structure Plan Map to
be consistent with the voter-directed rezoning of the Hughes Stadium property. He stated staff
considers this to be a housekeeping item to bring the maps into a consistent state; it does not
involve any policy issues nor does is affect the property’s zoning. The new place type for the
property will be the Parks and Protected Natural Areas place type, which is consistent with t he
zoning.
City of Fort Collins Page 497
Amber Lane discussed the acquisition of the Hughes Stadium property and questioned how the
tribal nations consultations for unseated treaty land and the Morrill Act are integrated. Mapes
replied that CSU’s plans and how it acquired the land are completely separate issues from this map
amendment.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 096, 2021, on First Reading.
RESULT: ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
15. First Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism Improvement
District. (Adopted on First Reading)
The purpose of this item is for Council to consider establishing the Fort Collins Tourism Improvement
District (District). The District’s purpose is , “…to operate as a [tourism improvement district] charging
fees to the lodging businesses included within the District to fund and provide specific tourism services
and improvements for the benefit of the feepayers’ lodging businesses. These services and
improvements will be primarily used to increase room night sales for those lodging businesses.”
Council will hold a public hearing at second reading for the District on August 4, 2021, if this Ordinance
passes on first reading. The petition submitted for establishing the District meets the requirements
outlined in Article V of Chapter 22 of the City Code.
Clay Frickey, Redevelopment Program Manager, stated Visit Fort Collins submitted a petition to
form a Tourism Improvement District on July 14 and that has triggered this action, which is
consideration of a formation ordinance for the Tourism Improvement District of Fort Collins. He
stated a Tourism Improvement District would provide an opportunity for hotels to collect a fee to
support activities related to boosting tourism in Fort Collins. He noted there are several ways in
which the funds could be spent as stipulated in the City Code and it does not include the power of
eminent domain. He stated this would apply to all lodging establishments in Fort Collins and the
boundaries of the district match those of the City limits. The initial term of the District would be
ten years and four months, ending in 2031.
Frickey discussed the petition process and noted signed petitions have been received from 78.6%
of the hotel rooms in Fort Collins. He explained the 3% fee will be collected by the City which
will remit them back to the Improvement District. He stated the anticipated funding for 2021 and
2022 is just over $1 million and collections will start in September.
Frickey stated this ordinance will appoint a Board of Directors for the Improvement District that
represents a range of the hotels in Fort Collins and stated staff is recommending approval of the
ordinance.
Councilmember Canonico asked if all hotels are required to participate in the Improvement
District. Frickey replied in the affirmative.
Councilmember Canonico asked how the Board is selected. Frickey replied Council would
appoint the Board of Directors with this ordinance and the members were selected after soliciting
input from the hoteliers and Visit Fort Collins.
City of Fort Collins Page 498
Mayor Pro Tem Gorgol thanked Visit Fort Collins for its work on this item and stated this has been
a thorough process.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 097, 2021, on First Reading.
Councilmember Ohlson stated this appears to be a liberal interpretation of TABOR and asked if it
has been proven to be acceptable as a fee in other Colorado municipalities. Deputy City Attorney
John Duval replied staff has looked at that issue and stated fees are defined under Colorado law
on the purpose for which they are used whereas taxes can be used for any governmental purpose
or as otherwise provide in a tax ballot issue. Fees are focused on providing fee-payers with a
benefit and it is up to each hotel whether the fee is passed on to customers. He stated staff believes
this is set up in a way that is consistent with TABOR, and though there is no specific case law
related to this type of fee, there are several decisions related to other similar kinds of fees.
Councilmember Ohlson asked how Fort Collins compares to other cities in the state after adding
this fee in addition to taxes. Frickey replied the addition of the 3% fee would bring the taxes and
fees on a hotel room up to 13.5%, which puts it toward the top end of the spectrum. The current
10.5% tax rate puts Fort Collins nearer the bottom end of the spectrum.
RESULT: ORDINANCE NO. 097, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
16. Resolution 2021-077 Adopting the 2021-2023 City Council Priorities. (Adopted)
The purpose of this item is to consider formal adoption of Council’s priorities for 2021-2023.
Deputy City Manager Kyle Stannert stated this item would adopt the 2021-2023 City Council
priorities. He discussed the process that went into arriving at these 31 priorities and stated work
has already begun on operationalizing these priorities. He noted the list of priorities can be
amended based on community needs, available resources, and new opportunities. He outlined the
next steps in terms of mapping out implementation.
Anthony Asuega thanked Council for including an increase in the minimum wage as a Council
priority.
Amber Lane questioned how the priorities incorporate the needs of the native and Indigenous
community.
Emily Gallishote thanked Council for including an increase in the minimum wage as a Cou ncil
priority.
Mayor Pro Tem Gorgol noted the resolution states Council’s commitment to continuing and
building on longstanding and importance City efforts around diversity, equity, and inclusion,
climate action, attainable housing, enhancing environmental health, broadband, and a safe and
accessible community for all residents.
Councilmember Ohlson commended most of the staff-written outcome statements that were
developed from Council’s initial direction but opposed the wording of three statements from Water
City of Fort Collins Page 499
Utilities stating the phrasing provided indicating the difficulty of tasks is not consistent with other
outcome statements. He requested additional consistency when the statements come back before
Council in August. Acting City Manager DiMartino replied staff will look through the lens of
consistency in how challenges and trade-offs are being presented. She stated the August work
session will be a scoping session to discuss the amount and timing of work to be accomplished.
Councilmember Canonico noted a constituent pointed out a correction that should be made to
change a phrase to ‘Austin Tech Circular Economy Incubator.’ She thanked staff for their work
on developing the outcome statements.
Mayor Pro Tem Gorgol thanked Council for their work on identifying priorities and commended
citizens for their input and staff on their work.
Mayor Arndt noted Council priorities are cumulative and older priorities do not go away, nor do
the 24/7/365 operations of the City. She commended Councilmember Ohlson for suggesting the
priorities not be set until the second retreat.
Councilmember Ohlson suggested the inclusion of information related to the basic services
provided by the City be included in final priorities documents. Mayor Arndt concurred.
Mayor Pro Tem Gorgol noted the resolution includes wording related to ensuring the provision of
world class service for the community 24 hours a day, 365 days a year.
Acting City Manager DiMartino thanked Council for comments and stated basic services can
continue to be emphasized and reinforced on priorities documents.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-077.
RESULT: RESOLUTION 2021-077 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
17. Motion to Authorize an Internal Posting and Appointment Process for an Interim City Manager.
(Adopted)
The purpose of this item is to consider a motion by Council to authorize an internal posting for an
Interim City Manager. On July 8, 2021, City Manager Darin Atteberry announced his resignation
effective August 20, 2021. A Council action considering the appointment of an Interim City Manager is
planned for August 4, 2021. Before that date, the City must post the opening internally to all City
employees as required by the Colorado Equal Pay for Equal Work Act.
Suggested motion for Council’s consideration:
“I move that City staff post no later than July 21, 2021, the opening for the Interim City Manager
position, including a salary range of [to be filled in], and any other information required by
Colorado law.”
Teresa Roche, Human Resources Director, stated this item would contemplate posting the position
internally for an Interim City Manager with an anticipated hiring range. She outlined the process
moving forward and discussed the full and anticipated hiring salary ranges. She noted the Council
City of Fort Collins Page 500
has sole discretion over this process and stated Council will need to decide if it wants to do a
national search for the recruitment of a permanent hire.
Councilmember Ohlson expressed support for the posting and recommended salary range. Mayor
Pro Tem Gorgol concurred.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, that staff place
no later than July 21, 2021, the opening for the Interim City Manager position, including a salary
range of $222,600 to $240,000, and any other information required by Colorado law.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Gutowsky requested and received Council support to direct staff to convene a
meeting of the Ethics Review Board to discuss conflicts of interest related to the places of
employment of Councilmembers.
Councilmember Ohlson suggested the Ethics Review Board should do a scoping of the next six
months to determine all issues to be addressed.
City Attorney Daggett stated staff would work on scheduling.
B. Consideration of a Motion to Adjourn to 3:00 p.m. on Monday, July 26 to enter into an Executive
Session:
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adjourn to 3:00
PM on Monday, July 26, to consider one or more motions for Executive Session and for such other
business as may come before the Council.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• ADJOURNMENT
The meeting adjourned at 9:34 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 501
July 26, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 3:00 PM
• ROLL CALL
PRESENT: Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro, Canonico
STAFF: Atteberry, Daggett, Pusheck
• DISCUSSION ITEMS
1. Update on Recruitment for Interim City Manager and Possible Council Direction on Next Steps.
Teresa Roche, Human Resources Director, noted the recruitment for the Interim City Manager
closed at 3:00p.m. today. There was one applicant, Deputy City Manager Kelly DiMartino.
Roche inquired if Council would like to interview the applicant or if they were comfortable
moving forward with the current knowledge they had of DiMartino. All Councilmembers
indicated they were comfortable with DiMartino's application, the current knowledge they had
of her work and did not require an interview.
Roche noted the appointment of Kelly DiMartino as Interim City Manager would be by
Resolution at the August 4 Regular meeting of Council.
2. Consideration of a motion to enter into Executive Session to discuss the following :
“I move that the City Council go into executive session for the purpose of discussing with the City’s
attorneys and appropriate management staff:
1. matters pertaining to issues of competition in providing telecommunication facilities and
services including matters subject to negotiation, strategic plan, price, sales and marketing,
development phasing and any other related matter allowed under Colorado Law, pursuant to:
• City Charter Article Roman Numeral Twelve, Section 7(d) and
• City Code Section 2-31(a)(5);
2. specific legal questions related to potential litigation regarding the Hughes Stadium property
and the manner in which the particular policies, practices or regulations of the City related to
the acquisition of the Hughes Stadium property may be affected by existing or proposed
provisions of federal, state or local law, 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) AND
3. real property acquisition and disposition related to the Hughes Stadium property, pursuant to:
• City Charter Article Roman Numeral Two, Section 11(3),
• City Code Section 2-31(a)(3) and
• Colorado Revised Statutes Section 24-6-402(4)(a).”
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, that Council enter
into Executive Session as permitted by City Charter, City Code and Colorado State Statutes
referenced in the motion.
City of Fort Collins Page 502
(Secretary's Note: The Council went into Executive Session at this point in the meeting.)
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro, Canonico
• ADJOURNMENT
The meeting adjourned at 5:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 503
August 4, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
STAFF: Atteberry, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
City Manager Attebery stated Item No. 5, Second Reading of Ordinance No. 095, 2021,
Authorizing Conveyance of a Permanent Non-Exclusive Utility Easement on Property Jointly
Owned by the City and the City of Loveland at the Northern Colorado Regional Airport for the
Discovery Air Development, has been revised since First Reading at the request of the Loveland
Power Department to clarify the method by which the easement legal description will be updated
as utilities are constructed. Additionally, Item No. 12, Sam's Club Fuel Station Appeal, will be
taken out of order and considered prior to other discussion items and Item No. 13, Resolution 2021-
081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and
Zoning Commission's Decision (Denying/Approving) the Sam’s Fuel Station Addition of a
Permitted Use and Major Amendment Development Plan, has been withdrawn.
• COMMUNITY REPORT
Tom Gonzales, Larimer County Health Director, commented on the effectiveness of COVID
vaccines against the Delta variant of the virus and noted getting more people vaccinated is the
single most effective way to start to emerge from the pandemic. He stated metrics such as
hospitalization and ICU utilization versus COVID case rates will determine if policy
recommendations need to change. He discussed concerning trends in increasing case rates and
noted the Delta variant is by far the dominant strain in the state and is more than twice as contagious
as previous strains. He outlined the CDC’s new county data based on transmission rates and stated
Larimer County is currently in the high transmission zone.
Mr. Gonzales noted counties with a higher percentage of fully vaccinated citizens have lower case
numbers. He also discussed the changing CDC recommendations related to wearing face
coverings indoors even for fully vaccinated individuals in high transmission zones. He stated the
state is suggesting following that recommendation; however, there are no mandates at this time.
He stated increasing vaccination numbers will lead to decreased transmission and decreased
hospitalizations and he discussed the number of people who need to be vaccinated over the next
month for a significant decrease in case numbers to occur by Labor Day.
Mr. Gonzales noted breakthrough cases that occur in fully vaccinated people result in much less
severe illness. He discussed risks to children and outlined plans for school intervention in the case
of outbreaks.
Councilmember Peel asked what plans are in place if case numbers keep rising. Mr. Gonzales
replied the main concern is related to hospitalization and ICU numbers; if those keep rising,
conversations around lowering transmission rates will need to occur.
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Councilmember Peel asked about changes in equipping hospitals. Mr. Gonzales replied all county
hospitals have added capacity for patients; however, challenges remain in having enough personnel
to provide care.
Councilmember Peel asked about the vaccination process. Mr. Gonzales replied there are no
appointments necessary, and clinics are in place throughout the county.
Councilmember Peel asked about mental health issues with children. Mr. Gonzales replied
children have expressed concerns around the difficulties of remote learning both practically and
socially. He acknowledged there have been extreme mental health challenges for youth and
commented on the importance of making this school year more normal.
Councilmember Peel commended the Larimer County COVID dashboard and asked about the
likelihood of children contracting COVID. Mr. Gonzales replied the numbers were very low for
classroom transmission; however, the Delta variant is much more contagious leading to concerns
about youth spreading the illness to more vulnerable citizens.
Councilmember Peel asked about natural immunity. Mr. Gonzales replied natural immunity does
play a role; however, the Delta variant has proven to reinfect communities that already had higher
case rates. He noted herd immunity would only occur if 90% of the population has immunity.
• PUBLIC COMMENT
The video outlining public participation options was played.
Bob Overbeck thanked Fort Collins for its partnership in fighting the Cameron Peak Fire and
thanked City Manager Atteberry for his service to the organization.
Mary Ellen Uptain and Clay Uptain provided a video presentation regarding the Hughes Stadium
property and stated, as it has been vacated, it should be returned to first nations people.
Jan Iron, Northern Colorado Intertribal Pow Wow Association, announced the August 28-29
annual pow wow.
Benton Roesler, ASCSU, discussed the video noting it was created by the Intertribal Alliance for
Right Relations, whose goal is to ensure the indigenous voices are heard in the decision-making
process for the Hughes property. He discussed CSU’s desire to develop affordable housing and
suggested it should be located elsewhere.
Tenaya Herenia requested the City listen to indigenous voices regarding the use of the Hughes
Stadium property. He commented on evidence that the return of land to indigenous peoples has
helped to preserve land, protect habitat for endangered species, and provide a more sustainable
ecological landscape.
Nevi Beatty shared a quote from an indigenous leader of the Intertribal Alliance regarding the
status of the Hughes Stadium property and requesting the City to take a role in encouraging CSU
to give the land back to indigenous people.
Nancy Eason stated there are hospital and early treatments that can be used to keep COVID patients
out of hospitals whether vaccinated or not. She discouraged Council from instituting a vaccine
passport.
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Cristyn Hypnar expressed support for the land back initiative around the Hughes Stadium property
and requested Council encourage CSU’s Board of Governors to be in communication with the
Intertribal Alliance.
Gailmarie Kimmel supported the land back initiative around the Hughes Stadium property.
Bill Timpson supported the land back initiative around the Hughes Stadium property.
Colleen (no last name given) supported the land back initiative around the Hughes Stadium
property.
Joe Rowan encouraged Council to request staff to provide a cost benefit analysis of proposed
changes to the Building Code or Land Use Code that may affect housing affordability.
Ken Baldwin stated he submitted a petition, signed by 94 Adriel Hills owners and residents, to
widen Timberline Road and not extend Turnberry Road. He stated he would like to see a detailed
presentation about the possible Turnberry extension with a question and answer period.
Heather Vesgaard, Partners Executive Director, discussed the No DUI Larimer Steering
Committee, which is a cross-sector collaborative of community members that has a focus on
decreasing the number of DUIs in Fort Collins. She requested staff explore and follow up on a
request to remove the ‘no parking after 2AM’ signs in Old Town.
Amber Lane discussed the land acknowledgement of CSU and encouraged Council and C SU’s
Board of Governors discuss the land back initiative with the Intertribal Alliance.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Gorgol noted the Hughes Stadium property is under the control of CSU; however,
she noted Council will be considering Indigenous Peoples’ Day on September 21, which if passed,
would direct the City Manager to explore the ways the City can prom ote the well-being and
recognition of Colorado’s native and indigenous community as part of the City’s wider
commitment to leading with race and working toward equity. She suggested that working with
CSU could be part of that. She encouraged the speakers to also work with CSU’s Board of
Directors.
Mayor Pro Tem Gorgol noted the Old Town parking signs are in place for street sweeping;
however, she noted there could be some benefit to addressing their removal from a drunk driving
standpoint. She requested a previous memo be resent to Council.
Councilmember Pignataro asked if a memo could be provided regarding the Turnberry extension
and asked if staff members have spoken with Adriel Hills residents. City Manager Atteberry
replied he was unsure if staff have spoken with those residents and suggested a summary document
regarding the roadway be prepared. He noted there is a tour with himself, the Mayor, and
Councilmember Gutowsky at Adriel Hills tomorrow.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Gorgol thanked those who hosted Neighborhood Night Out events.
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Councilmember Peel reported on her recent listening session and on visits to Housing Catalyst
properties and the Harmony Cottage development. She also reported on the Trees, Water, People
and The Draft Solution fundraisers.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
1. Second Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism
Improvement District. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, establishes the Fort Collins
Tourism Improvement District (District). The District’s purpose is , “…to operate as a [tourism
improvement district] charging fees to the lodging businesses included within the District to fund and
provide specific tourism services and improvements for the benefit of the feepayers’ lodging
businesses. These services and improvements will be primarily used to increase room night sales for
those lodging businesses.” Council will hold a public hearing at second reading for the District on
August 4, 2021, if this Ordinance passes on first reading. The petition submitted for establishing the
District meets the requirements outlined in Article V of Chapter 22 of the City Code.
Councilmember Ohlson stated he would be opposing this item given TABOR regulations and
stated he would not have any issue with it if it were to be placed on a ballot.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 097, 2021, on Second Reading.
Councilmember Pignataro thanked Councilmember Ohlson for his perspective but stated she
would be supporting the motion.
RESULT: ORDINANCE NO. 097, 2021 ADOPTED ON SECOND READING [5 TO 1]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Gutowsky
NAYS: Ohlson
ABSENT: Canonico
• DISCUSSION ITEMS
2. Sam's Club Fuel Station Appeal. (Postponed to Date Certain)
The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the
“Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (APU) for a Sam’s
Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station
within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast corner
of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the
Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use
Code.
On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition,
Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance
of the August 4, 2021, hearing before Council. To achieve such a continuance, after opening the
public hearing on Wednesday night, a Council Member will need to make a motion to continue the
appeal hearing until October 19, 2021. Such a continuance benefits both the City and the parties -
in interest to the appeal by providing time for the parties to attempt to resolve/reduce the issues
that gave rise to this appeal and may simply some of the issues on appeal.
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City of Fort Collins Page 507
The following motion to continue is provided to accomplish this continuance:
“I move to continue the Sam’s Club Fuel Station Appeal (MJA#200002) to October 19, 2021.”
Mayor Arndt asked parties-in-interest to identify themselves.
Carolynne White, counsel for Sam’s Club, the appellant, introduced herself.
Randy Morgan, Outpost Sunsport owner, stated he did not oppose the continuance of this item.
Mayor Arndt asked if any party-in-interest opposes the continuance of this matter to October 19.
All parties agreed to the continuance.
Mayor Arndt asked if any Councilmembers have conflicts of interest, and none were declared.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to continue the
Sam’s Club Fuel Station Appeal (MJA#200002) to October 19, 2021.
RESULT: POSTPONED TO DATE CERTAIN [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
3. Items Relating to the Appointment of Interim City Manager. (Adopted on First Reading)
A. Resolution 2021-078 Appointing an Interim City Manager.
B. First Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the
Compensation of the Interim City Manager.
The purpose of these two items is to appoint an Interim City Manager and to set the compensation
and terms of the Interim City Manager appointment.
Teresa Roche, Human Resources Officer, stated this Resolution would appoint Kelly DiMartino
as the Interim City Manager, effective August 21. Once the posting for the full-time regular City
Manager position occurs, Ms. DiMartino would return to being Deputy City Manager unless she
applies for and receives the full-time position.
Amber Lane stated there are no leadership positions in Fort Collins held by indigenous individuals.
She requested the City and Council consider that in the hiring process.
Mayor Pro Tem Gorgol asked if this Resolution covers all appointments of positions held by City
Manager Atteberry. City Attorney Daggett replied the only appointment identified that does not
automatically go with the title of City Manager is the appointment to the Northern Colorado
Regional Airport Commission; therefore, if Council would like to have Ms. DiMartino fill that
role, a new subsection to the Resolution may need to be added.
Mayor Pro Tem Gorgol expressed support for having Ms. DiMartino fill that role. City Attorney
Daggett suggested language for the Resolution.
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Mayor Pro Tem Gorgol made a motion, seconded by, Councilmember Pignataro, to adopt
Resolution 2021-078 as amended to include the language as suggested by City Attorney Daggett.
Councilmember Pignataro asked if this was an open application process. Roche replied it was
internally posted and Ms. DiMartino was the only applicant.
The vote on the motion was as follows: Yeas: Pignataro, Gorgol, Arndt, Ohlson, Peel and
Gutowsky. Nays: none.
Roche outlined the Ordinance portion of this item which includes the Interim City Manager’s
salary and other benefits. She discussed meetings with Councilmember Gutowsky and Mayor Pro
Tem Gorgol regarding the plan for compensation.
Mayor Pro Tem Gorgol noted the hiring range for the interim position was $220,000-$240,000
and the recommendation is $231,573 with an increased vacation rollover cap to 780 hours during
the interim appointment and allowing Ms. DiMartino to receive a cash payout of any unused
accrued vacation time of up to 120 hours at the end of the interim period.
Councilmember Ohlson stated he would have liked to have had the salary information provided
prior to this evening.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 099, 2021, setting the compensation of the Interim City Manager to $231,573 and
including the language read under Section 3.
RESULT: ORDINANCE NO. 099, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
4. Resolution 2021-079 Creating an Ad Hoc Council Committee to Make Selection Process
Recommendations to the Council, and Adopting a Plan for the Initial Steps in the Recruitment
and Selection of a City Manager. (Adopted)
A purpose of this item is to begin the City Manager recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the City Manager Selec tion Process Committee
to develop recommendations to the Council for the recruitment and selection of a City Manager.
Another purpose is for the City Council to adopt a plan for the initial steps in the recruitment and
selection process.
Teresa Roche, Human Resources Officer, stated there are two outcomes to this Resolution: one is
the follow-up regarding the formation of an ad hoc committee to make the selection process
recommendations to Council and the other would adopt the initial steps in the recruitment and
selection of a new City Manager. She noted the ad hoc committee would be guiding the initial
decisions; however, Council would be very much involved in any decisions around stakeholder
groups, interview panels, and deciding on finalists.
Mayor Arndt suggested three people form the ad hoc committee and noted any other members of
Council could always attend those meetings as the committee will not be a decision-making body.
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She stated she will be on the committee and asked who else would like to join. Councilmembers
Peel and Gutowsky volunteered.
Mayor Pro Tem Gorgol requested additional information on how the ad hoc committee would
bring forward a list of finalists for the position. Roche replied it was discussed the Council would
see all the applicants and the committee would go through those materials with the recruiter and
herself to choose semi-finalists. She suggested Council could have an Executive Session to discuss
that list.
Mayor Pro Tem Gorgol noted Councilmember Canonico also expressed interest in being on the ad
hoc committee though she could not attend this meeting.
Councilmember Pignataro suggested further discussion around the ad hoc committee members’
length of terms and asked what each member would hope to bring to the committee.
Councilmember Gutowsky stated she believes she has the time to commit to participating in the
ad hoc committee meetings and she is currently the senior member on Council.
Councilmember Peel stated she also has time to commit to the committee meetings.
Councilmember Gutowsky stated Roche is a wonderful mentor and she did not believe being
newer to Council would be a detriment.
Councilmember Ohlson asked if Councilmember Canonico cannot be on the committee as she is
not present. Mayor Pro Tem Gorgol replied she told Councilmember Canonico she would bring
forward her name.
Councilmember Ohlson stated he would like to be on the subcommittee addressing compensation
and separation agreements.
Councilmember Peel made a motion, seconded by Councilmember Pignataro, to form an ad hoc
committee with members being Mayor Arndt, Councilmember Gutowsky, and herself.
RESULT: RESOLUTION 2021-079 ADOPTED [UNANIMOUS]
MOVER: Shirley Peel, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
5. Resolution 2021-080 Expressing Gratitude and Appreciation to Darin Atteberry for His
Contributions to the City and Community as City Manager. (Adopted)
The purpose of this item is to express gratitude and appreciation to Darin Atteberry for his contributions
to the City and community as City Manager.
Mayor Arndt read Resolution 2021-080 expressing gratitude and appreciation to Darin Atteberry
for his contributions to the City and community as City Manager.
City Manager Atteberry thanked the Mayor for the Resolution and commented on his history with
the City organization.
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Tom DeMint commented on City Manager Atteberry’s love of the community and commended
his service, character, and leadership.
Wade Troxell commended City Manager Atteberry’s operational excellence and aspirational
thinking.
Ray Martinez commended City Manager Atteberry’s leadership, caring, and fostering of
teamwork.
Jerry Gavaldon commended City Manager Atteberry’s dedication and stated he has earned the
respect of the community.
Joe Rowan commented on City Manager Atteberry’s history in the community and work with the
Chamber of Commerce. He commended his community engagement.
Councilmember Peel stated she will miss working with City Manager Atteberry.
Councilmember Ohlson discussed his history with City Manager Atteberry and commended his
unmatched likability, work ethic, decency, dedication, professionalism, and optimism.
Councilmember Gutowsky commended City Manager Atteberry on his work and dedication.
Mayor Pro Tem Gorgol commended City Manager Atteberry on his optimism and thanked him for
his service.
Councilmember Pignataro commended City Manager Atteberry on his optimism.
Mayor Arndt commended City Manager Atteberry’s kindness and sense of humor.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-080. Yeas: Gorgol, Arndt, Pignataro, Gutowsky, Ohlson and Peel. Nays: none.
City Manager Atteberry commented on the excellence in Fort Collins government and stated it has
been a privilege to be part of the organization.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: RESOLUTION 2021-080 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
6. First Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as
Contingency Capital Funding of the Broadband System Construction. (Adopted on First
Reading)
The purpose of this item is to appropriate prior year reserves to fund the continued build of the
Broadband system. The original construction budget is approximately 85% spent through the end of
June 2021. Increased boring costs, additional premises in the build area and the constructi on
schedule developed from the design/build framework have contributed to the need to access these
funds.
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Chad Crager, Broadband Director, stated this item is an $8.2 million appropriation of original
Connexion bond money to go toward capital projects. He discussed the history of the overall
project and stated one of the largest project costs is related to the amount of conduit needed. He
stated it was originally projected that 70% of the needed conduit was already in place; however,
that turned out to be less than 50% thereby impacting the budget of the overall project. He also
noted the number of serviced premises has grown from 70,000 to 77,000.
Crager noted the overall take rate is going to drive the up-front costs in the form of installations.
He stated the current take rate, or number of enrolled customers divided by the total number of
potential customers, is 29%, which is greater than the original projection.
Eric Sutherland questioned how this appropriation debt will be paid. He stated the financial impact
of Connexion on the city’s ratepayers has never been made clear.
Travis Storin, Chief Financial Officer, stated the source of the $8.2 million appropriation is the
original 2018 bond proceeds and the funds were intentionally not appropriated at that time for just
this type of situation. He stated staff does not have any reason to believe there will be a direct
impact on electric rates due to repaying the Connexion bonds. He noted there will be additional
details in terms of vetting the numbers from a profit and loss and subscriber standpoint forthcoming
this fall.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 098, 2021, on First Reading.
RESULT: ORDINANCE NO. 098, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
7. Resolution 2021-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Commission's Decision (Denying/Approving) the Sam’s Fuel
Station Addition of a Permitted Use and Major Amendment Development Plan. (Withdrawn)
The purpose of this item is to make findings of fact and conclusions regarding the appeal of the
Planning and Zoning Commission’s decision to deny the Sam’s Fuel Station Addition of a Permitted
Use and Major Amendment Development Plan. The appeal was heard by Council on August 4, 2021.
RESULT: WITHDRAWN
• CONSENT CALENDAR
Councilmember Ohlson withdrew Item No. 7, Second Reading of Ordinance No. 097, 2021,
Establishing the Fort Collins Tourism Improvement District, from the Consent Agenda.
Cheryl Glanz withdrew Item No. 2, Second Reading of Ordinance No. 092, 2021, Appropriating
Unanticipated Philanthropic Revenue Received by City Give to Construct a Plaza at Sugar Beet
Park for the Hand that Feeds Sculpture Project, from the Consent Agenda.
Amber Lane withdrew all items from the Consent Agenda that do no benefit all, are sustainable
seven generations from now, and for which there have not been proper tribal nation consultations.
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Mayor Arndt outlined the process for addressing the pulled Consent Agenda.
Cheryl Glanz questioned a reference in the ordinance for Item No. 2, Second Reading of Ordinance
No. 092, 2021, Appropriating Unanticipated Philanthropic Revenue Received by City Give to
Construct a Plaza at Sugar Beet Park for the Hand that Feeds Sculpture Project , and expressed
concern regarding the way this statue interprets the history of the sugar beet industry in the city.
She requested reconsideration of the interpretation.
Jerry Gavaldon expressed support for Ms. Glanz comments and stated the interpretation should
accurately represent the history of the sugar beet industry in the city.
Amber Lane concurred with the comments and stated the entire history of the sugar beet industry
should be included as well as information about the native residents prior to the sugar beet farming.
She requested Council address the question of how each item benefits all in terms of equity,
inclusion, and diversity, how each item has had a seven-generation analysis and ensuring tribal
nations consultations have occurred.
Councilmember Peel questioned whether Ordinance No. 092, 2021, should be amended.
Councilmember Pignataro commented on the history of the statue coming from a non-profit
organization and noted the City is just donating the land. She stated she does not believe it is
within the purview of Council to amend the statue itself.
Councilmember Peel asked if the language in the ordinance is legally binding to only include
references to certain groups. City Attorney Daggett responded the specific content that is going
to be provided for education and context for the donated sculpture is not dictated by the ordinance.
Deputy City Manager DiMartino noted Council took formal action to accept the donation of the
sculpture after it went through the Art in Public Places process. She noted there is ongoing
communication around the interpretation that may be provided.
Councilmember Ohlson stated there should be assurance in accuracy when a piece is placed on
City property.
Councilmember Gutowsky commented on the need for accuracy on the statue interpretation.
Mayor Arndt noted staff discussed the processes utilized to validate information at First Reading.
She stated she was unsure if this piece was meant to provide the entire history of the sugar beet
industry.
Councilmember Ohlson stated the information presented must be accurate, not necessarily all-
encompassing, and complete.
Councilmember Peel asked if there was a purpose behind the statue only providing interpretation
around Hispanic contributions. Nina Bodenhamer, City Give Director, stated Council action took
place in October of 2020 to accept the artwork. She noted the artwork is not currently accompanied
with any interpretive signage; the only signage will include donor recognition and an artist plaque.
She noted any future interpretive programming would go through a City process.
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Councilmember Peel asked if the website would remain once the piece is installed. Bodenhamer
replied that website is part of an independent 501(c)(3) organization and the Art in Public Places
agreement process makes no attempts to control those independent organizations.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
8. Second Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under
the Income-Qualified Assistance Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, considers a Code amendment
to extend the Income-Qualified Assistance Program (IQAP) pilot rate an additional year (through 2022)
and align it with the Fort Collins Utilities’ rate ordinances that are considered in the fall. Additionally,
this item considers Code amendments that would make administrative modifications to the program’s
enrollment process.
9. Second Reading of Ordinance No. 092, 2021, Appropriating Unanticipated Philanthropic
Revenue Received by City Give to Construct a Plaza at Sugar Beet Park for the Hand that Feeds
Sculpture Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, appropriates of $67,850 in
philanthropic revenue received by City Give for the Capital Projects Fund, Park Planning &
Development, Community Services per the intent of the donors: Mujeres de Colores and the
Downtown Development Authority. The funds are designated for the constructio n and installation of a
plaza for The Hand That Feeds, a bronze sculpture commemorating Mexican and Hispanic laborers
who worked the sugar beet fields of Northern Colorado, that Mujeres de Colores intends to donate to
the City.
10. Second Reading of Ordinance No. 093, 2021, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Art in Public Places Program, Pianos About Town
Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, appropriates of $45,193 in
philanthropic revenue received by City Give for the Art in Public Places program in the Cultural
Services and Facilities Fund. This grant award was received from Bohemian Foundation for the
designated purpose of Pianos About Town, a collabora tive effort among the City of Fort Collins Art in
Public Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian
Foundation.
11. Second Reading of Ordinance No. 094, 2021, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Drake and College Intersection Improvements
Project and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading, July 20, 2021, appropriates $498,900 in
Transportation Capital Expansion Fee (TCEF) Fund reserves and $1,100 in Transportation Services
Fund reserves to begin design and coordination on the Drake and College intersection (the
“Intersection”) improvements. This work must be done to run concurrently with several active
developments within the Urban Renewal Authority (URA) plan area that are in the vicinity of the
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Intersection. In addition, this item will authorize the transfer of $5,000, one percent of the appropriated
funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places
(APP).
12. Second Reading of Ordinance No. 096, 2021, Amending the City's Structure Plan Map to
Conform to the Rezoning of the Hughes Stadium Annexation Property to Public Open Lands.
(Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, updates the Structure Plan
map to be consistent with the recent voter-directed rezoning of the Hughes Stadium property as Public
Open Lands (POL). The Structure Plan map, and its assoc iated land use designations called ‘Place
Types’ are part of City Plan, the City’s comprehensive plan. The Structure Plan provides a long-term
framework for land use and transportation to guide growth and change. This update to the Structure
Plan map eliminates the conflict with the POL zoning on the Hughes Stadium property and
appropriately represents the community’s land use direction.
13. Second Reading of Ordinance No. 095, 2021, Authorizing Conveyance of a Permanent Non -
Exclusive Utility Easement on Property Jointly Owned by the City and the City of Loveland at
the Northern Colorado Regional Airport for the Discovery Air Development. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, authorizes a permanent non -
exclusive utility easement over a portion of Northern Colorado Regional Airport property owned jointly
by the Cities of Fort Collins and Loveland and leased by Discovery Air, LLC, to allow for the installation
and maintenance of electrical infrastructure for the new Discovery Air development.
The Grant of Utility Easement document has been revised between first and second reading at the
request of the Loveland Power Department to clarify the method by which the easement legal
description will be updated as utilities ar e constructed.
• OTHER BUSINESS
Mayor Arndt commented on the need to set a meeting date for the Election Code Committee.
• ADJOURNMENT
The meeting adjourned at 9:17 PM.
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Mayor
ATTEST:
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Interim City Clerk