HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE N Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 15, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 4, 2020 and November 17, 2020 Regular
Meetings and the November 10, 2020 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the November 4, 2020 and November 17, 2020 Regular
Meetings and the November 10, 2020 Adjourned Meeting.
ATTACHMENTS
1. November 4, 2020 (PDF)
2. November 10, 2020 (PDF)
3. November 17, 2020 (PDF)
City of Fort Collins Page 207
November 4, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local order to remain safer at home
and not gather, this meeting has been conducted using a hybrid approach allowing in-person
participation with strict protocols and a variety of remote participation options.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers (6:30 PM), Stephens, Troxell, Cunniff
Staff: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, Ordinance No. 141, 2020, Approving the
Administrative Rules, Regulations and Standards for the Riverside Community Solar Program,
has been revised to be heard as an ordinance rather than a resolution. Additionally, Item No. 14,
Items Relating to Electric and Water Rates, Fees and Charges, includes a revised ordinance.
• PUBLIC COMMENT
Mayor Troxell and City Clerk Coldiron outlined the remote participation options.
Kristin Heightner commented on the importance of increasing community engagement and
suggested Council meetings should be advertised on social media as she has found the City's
webpage difficult to navigate. She discussed the importance of engaging with City leaders in a
meaningful way.
Rich Stave asked if the Zoom platform could advertise when a meeting is changed; however, he
commended the return email he received from staff in a timely fashion.
Rory Heath commented on his inquiry regarding updates to the City Ethics Code noting it is not
on Council's 6-month calendar.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Pignataro requested an update on Ethics Code revisions. City Attorney Daggett
replied staff is working on information to present to Council and will be looking for a time to
schedule a work session discussion in the near future.
Mayor Pro Tem Stephens stated the City is always working to make access to information easier.
She believes meetings are always posted on Facebook but any suggestions are always welcome.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items on the Consent Agenda.
November 4, 2020
City of Fort Collins Page 208
RESULT: CONSENT AGENDA ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
AWAY: Summers
1. Consideration and Approval of the Minutes of the September 15, 2020 Regular Council Meeting.
(Adopted)
The purpose of this item is for consideration and approval of the minutes of the September 15, 2020
Regular Council Meeting.
2. Second Reading of Ordinance No. 125, 2020, Extending Short-Term Appointments to City
Boards and Commissions to December 31, 2021. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 20, 2020, allows Council to extend
the one-year interim appointments to advisory boards and commissions that were adopted under
Ordinance No. 153, 2019 and are currently set to expire on December 31, 2020. Due to COVID -19,
the Reimagine Boards and Commissions public engagement efforts and Council Work Session were
delayed resulting in a later implementation timeline, including potential changes to term lengths. This
Ordinance would extend these short-term appointments for one additional year with an expiration date
of December 31, 2021. This will reduce the number of appointments that need to be filled this year
and will allow staff additional time to create a thorough implementation strategy for potential changes
due to the Reimagine Boards and Commissions Priority 2021.
3. First Reading of Ordinance No. 127, 2020, Adopting the 2021 Budget and Appropriating the
Fort Collins Share of the 2021 Fiscal Year Operating and Capital Improvements Funds for the
Northern Colorado Regional Airport. (Adopted)
The purpose of this item is to adopt the 2021 budget for the Northern Colorado Regional Airport and
appropriate Fort Collins’ share of the 2021 fiscal year operating and capital funds for the Airport. Under
the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Airport
between Fort Collins and Loveland (the “IGA”), the Airport is operated as a joint venture with each City
owning 50% of the assets and revenues and responsible for 50% of the operating and capital costs.
The proposed budget does not include financial contributions from the City’s General Fund as it has
in previous years because anticipated Airport revenues will provide sufficient revenues for operations,
primarily as a result of the Northern Colorado Law Enforcement Training Center Lease payments by
both Cities. Because each City has an ownership interest in 50% of the Airport revenues, each City
must appropriate its 50% share of the annual operating and capital budget for the Airport under the
IGA.
4. First Reading of Ordinance No. 128, 2020, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority relating to the Annual Appropriations for the
Fiscal Year 2021 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year
2021. (Adopted)
The purpose of this item is to set the Downtown Development Authority ("DDA") Budget. The following
amounts will be appropriated:
DDA Public/Private Investments & Programs $8,067,545
DDA Operations & Maintenance $1,385,349
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
November 4, 2020
City of Fort Collins Page 209
The DDA anticipates receiving in 2021 tax increment revenues of approximately $6,630,081 and
approximately $788,897 in revenues from its five-mill property tax for the DDA’s operational and
maintenance expenditures. The Ordinance also sets the 2021 Mill Levy for the Fort Collins DDA at
five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown
Development Authority's financial plan for 2021.
5. Items Relating to the 2020 Fee Updates. (Adopted)
A. First Reading of Ordinance No. 129, 2020, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Revise the Capital Expansion Fees and the Transportation Expansion Fee.
B. First Reading of Ordinance No. 130, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 131, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
D. First Reading of Ordinance No. 132, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Stormwater Plant Investment Fees.
E. First Reading of Ordinance No. 133, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
F. First Reading of Ordinance No. 134, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Water Supply Requirements Fee.
The purpose of this item is to review inflation updates effective January 1, 2021, associated with
Electric Capacity fees, Water Supply Requirement fees, Water, Sewer and Stormwater Plant
Investment fees, Capital Expansion fees and Transportation Capital Expansion fees. Inflation updates
are 2.7% for Capital Expansion fees, 0.6% for Transportation Capital Expansion fees, and 3% for Utility
fees.
Coordination of Council-approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2020 fee
update, fee phasing will be complete with regular two and four-year cadence updates beginning in
2021.
6. First Reading of Ordinance No. 135, 2020, Making a Supplemental Appropriation for the CanDo
Community Telework Program and Authorizing the City Manager to Execute the Grant
Agreement on Behalf of the City. (Adopted)
The purpose of this item is to consider an appropriation of $4,999 in unanticipated revenue received
through a grant for the Colorado Department of Transportation (CDOT) CanDo Community Telework
Grant program to be managed by the FC Moves Department. The Ordinance also authorizes the City
Manager, in consultation with the City Attorney, to execute the Grant agreement/acceptance on behalf
of the City.
7. First Reading of Ordinance No. 136, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give from WaterPik, Inc., for Transfer to Social Sustainability in the General
Fund for the Equity Indicators Project. (Adopted)
The purpose of this item is to appropriate $10,000 in philanthropic revenue in the General Fund for
transfer to Social Sustainability for the support of the Equity Indicators Project as designated by the
donor, WaterPik, Inc. In a commitment to advance equitable outcomes, the City has selected the
CUNY Institute for State and Local Governance (ISLG) to lead the Equity Indicators project to establish
a framework for measuring and understanding the inequities that exist in Fort Collins.
November 4, 2020
City of Fort Collins Page 210
8. First Reading of Ordinance No. 137, 2020, Making Certain Amendments to the Codes of the City
of Fort Collins to Eliminate Affordable Housing Fee Waivers and Instead Authorize a
Discretionary Credit for Certain Affordable Housing Units to be Constructed in the City.
(Adopted)
The purpose of this item is to amend the City Code and Land Use Code to simplify the way affordable
housing fee waivers are used to support the development of affordable housing units targeting the
city’s lowest wage earners. Instead of calculating precise fee amounts for waivers on a project by
project basis, flat amounts of credit will be established and codified for qualifying new construction and
adaptive reuse homes targeting households making no more than 30% Area Median Income (AMI).
This support will still be subject to Council discretion and appropriation of funding. Not only will this
provide greater certainty to the developer and be more efficient to administer by the City, it will also
allow all City departments’ fees to be paid in full either by the developer or by the credit that has been
appropriated.
9. Resolution 2020-099 Approving the Midtown Business Improvement District 2021 Budget and
Operating Plan. (Adopted)
The purpose of this item is to consider a Resolution approving the Midtown Business Improvement
District 2021 Operating Plan and Budget and making appointments to the District’s board of directors.
10. Resolution 2020-100 Approving the Administrative Rules, Regulations and Standards for the
Riverside Community Solar Program. (Adopted)
The purpose of this item is to approve the Riverside Community Solar Program rules, which define the
continuing delivery of credits and other program benefits to participating customers. The Utilities’
Executive Director has approved the Riverside Community Solar Program, as defined by the Program
Rules and Continuing Participation Agreement under the authority defined by Code §26-463(a).
Council’s approval of the Ordinance, and the Program Rules as attached to it, completes the approval
process.
Utilities completed acquisition of the Riverside Community Solar Project on August 28, 2020, assuming
all responsibility for program management, customer support, and operations and maintenance. As a
result of the transfer, existing customer contracts with Clean Energy Collective for the old program
structure terminated. Utilities is re-enrolling participating customers that already own panels in the
array of the Program via Continuing Participation Agreements. Current customers who own panels in
the solar array (“Customer-owners”) and re-enroll in the Program will continue to receive credits on
their bill as they do today, based on the City’s applicable time of day rates as set forth in the City Code.
11. Resolution 2020-101 Authorizing an Intergovernmental Agreement Between the Cities of Fort
Collins, Greeley and Loveland for the Exchange of Judicial Services, and Appointing
Temporary Judges. (Adopted)
The purpose of this item is to authorize an intergovernmental agreement (IGA) with the Cities of
Greeley and Loveland for judicial services to be used in the event that a conflict of interest or other
circumstance prevents the Municipal Judge and assistant judges from hearing a particular Municipal
Court case. This agreement is intended to replace an existing 2019 IGA between Fort Collins,
Loveland and Greeley. The previous IGA named former Chief Judge Kathleen Lane. This agreement
is updated to include all current and eligible judges from each jurisdiction.
12. Resolution 2020-102 Approving an Intergovernmental Agreement with Larimer County for
COVID-19 Test Funding. (Adopted)
The purpose of this item is to authorize the Mayor to enter into an intergovernmental agreement (IGA)
with Larimer County to financially support the increased testing, and costs associated with the tests
administered on a pro rate contribution.
November 4, 2020
City of Fort Collins Page 211
• CONSENT CALENDAR FOLLOW-UP
Regarding Item No. 5, Items Relating to the 2020 Fee Updates, Councilmember Cunniff requested
information as to which fees are going to be on the four year update calendar prior to Second
Reading.
Councilmember Pignataro commented on Item No. 6, First Reading of Ordinance No. 135, 2020,
Making a Supplemental Appropriation for the CanDo Community Telework Program and
Authorizing the City Manager to Execute the Grant Agreement on Behalf of the City, as being a
good news item.
Mayor Troxell commented on Item No. 7, First Reading of Ordinance No. 136, 2020,
Appropriating Unanticipated Philanthropic Revenue Received by City Give from WaterPik, Inc.,
for Transfer to Social Sustainability in the General Fund for the Equity Indicators Project, as
being a good news item that affirms the importance of the City's mission to advance equity.
Mayor Pro Tem Stephens commended the partnerships with community businesses.
• STAFF REPORTS
A. Staff Report: Museum of Discovery: Mind Matters Exhibit (Cheryl Donaldson)
Cheryl Donaldson, Discovery Museum Co-Executive Director, introduced Laura Valdez as the
new Co-Executive Director.
Valdez commented on the timeliness of the Mental Health: Mind Matters exhibit.
Donaldson stated the exhibit will run through January 10 and discussed the decision to bring the
exhibit to the museum. She indicated the goal of the exhibit is to build conversations and break
down stigmas around mental health challenges.
Valdez stated the exhibit is for all ages, is approachable for all learner types, and is presented in
English, Spanish, and French. The exhibit has allowed the Museum to bring in stakeholders to
help with programming and resource connection. She noted there is a resource center as part of
the exhibit and commented on available resources. She thanked the City for helping make the
Museum free of charge for the entire run of this exhibit.
Councilmember Gorgol thanked Donaldson and Valdez and commended the exhibit.
Mayor Pro Tem Stephens asked if this exhibit is being advertised through the school district.
Donaldson replied school counselors have toured the exhibit and will be communicating out to
students. Valdez replied the exhibit and free admission is advertised in school district e-
newsletters and utility bill inserts as well.
Councilmember Gutowsky welcomed Valdez and commended the exhibit. She asked about online
ticket reservations. Donaldson replied the reservation system keeps appropriate numbers in the
building for social distancing reasons. She noted a few tickets are available on a walk-up basis as
well.
Councilmember Summers requested additional information on the resource center. Valdez replied
the exhibit resource center has been refined with a community advisory group that is comprised of
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City of Fort Collins Page 212
direct service providers. She also noted resources can be found online for individuals who may
not be comfortable going to the Museum in person.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Stephens reported on the status of the search for a new fire chief and noted the
Poudre Fire Authority Board will be interviewing search firms Friday. She reported on working
with the North Front Range Metropolitan Planning Organization to interview candidates for a
mobility manager for the One Call, One Click program that helps senior and people with
disabilities find reliable transportation.
Councilmember Cunniff reported on the recent Platte River Power Authority Board meeting
during which the integrated resource plan was approved. The plan solidifies Platte River's
commitment to close the Rawhide Power Plant by 2030. He also noted the plan does contemplate
building gas-fired generators to accomplish that; however, that is only as a technological failsafe.
Councilmember Gorgol reported on a meeting with School Board officials, Commissioner Kefalas,
and Tom Gonzales to discuss COVID in schools. She noted the County Health Department is not
seeing a great deal of transfer of COVID in schools; however, there is concern about the
community's transmission rates. She encouraged people to limit private gatherings and follow all
precautions to make it possible to keep children in school. The City will be having a public forum
for the Deputy City Manager candidates on Monday.
Mayor Troxell commented on the Platte River Power Authority integrated resource plan stating it
is well-developed. He reported on meeting with two local companies that have made the Inc 5000
list, Turbo Tenant and Canidium. He also reported on the recent super issue Boards and
Commissions meeting during which outgoing members were recognized.
• DISCUSSION ITEMS
13. First Reading of Ordinance No. 138, 2020, Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations for Fiscal Year 2021; Adopting the Budget for the Fiscal Year
beginning January 1, 2021 and Ending December 31, 2021; and Fixing the Mill Levy for Property
Taxes Payable in 2021. (Adopted as Amended on First Reading)
The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This
Ordinance sets the City Budget for the one-year period (2021) which becomes the City’s financial plan
for the next fiscal year. This Ordinance sets the amount of $668,909,564 to be appropriated for fiscal
year 2021. However, this appropriated amount does not include what is being appropriated by
separate Council/Board of Director actions to adopt the 2021 budget for the General Improvement
District (GID) No. 1 of $808,791, the 2021 budget for GID No. 15 (Skyview) of $1,000, the Urban
Renewal Authority (URA) 2021 budget of $6,706,744 and the Downtown Development Authority 2021
budget of $23,884,505. This results in City-related total operating appropriations of $700,310,604 in
2021. This Ordinance also sets the 2021 City property tax mill levy at 9.797 mills, unchanged since
1991.
Travis Storin, Interim Chief Financial Director, stated this item is the First Reading of the 2021
budget. He reviewed the public participation process leading to this point and discussed the
leadership model that informs the budgeting for outcomes process with the City's vision, mission,
and values at the center of all decisions. He discussed the City's five-year Strategic Plan that is
updated every two years.
November 4, 2020
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Regarding the 2021 budget, a focus area was to minimize the service impacts that the community
experiences on a firsthand basis while addressing Council priorities and redeploying existing
resources toward those priorities as a function of identifying the highest and best use of funds. He
discussed the priorities of equity advancement and capital investment.
Lawrence Pollack, Budget Director, discussed the public engagement summary noting there have
been a number of online forums, two town halls, two Council listening sessions, a Boards and
Commissions super issue meeting, and two public hearings before Council, in addition to the first
and second readings of the budget ordinance. Additionally, there was a significant online
component.
Pollack discussed changes made to the budget since it was first presented to Council, including
eliminating reductions in Environmental Health which will lead to no change in service level on
two areas. He stated those items were funded with $76,000 of general fund reserves. Additionally,
Poudre Fire Authority has contributed $20,000 toward the homelessness coordinator position.
Pollack stated the Downtown Development Authority's budget has now been included in the City's
overall budget as there was previously just a placeholder for that item. The final change relates to
conservation trust, or lottery funds, and the recommendation that additional conservation trust
revenue be shifted to support Parks operations and maintenance at $515,000. During Council
conversations, it was determined that $115,000 would go back to trail development; however, that
amount will be backfilled with a $15,000 reduction in fertilizer for the Parks Departments and
$65,000 from general fund reserves.
Pollack stated the recommended budget included only one utility rate increase for electric at 3%;
however, a 2% increase in water rates has been added due solely to the impacts of the Cameron
Peak fire. He stated staff will not appropriate those dollars until 2021 once the extent of the needs
is determined.
Pollack stated there are three components that comprise the total City appropriations: operating
costs, debt, and capital. He noted revenues are coming in stronger than the revised estimate and
expenses are coming in under the reduced budget level.
Pollack stated work on the 2022 budget will begin in the spring and staff is actively evaluating
methods by which the community's ideas for budget requests, or offers, can be heard. He noted
staff will be producing a number of videos and question and answer sessions that will aim to assist
residents in reading the budget. He also noted staff is examining ways in which citizen feedback
on both the 2022 budget and 2022 strategic plan can be sought simultaneously.
Storin stated this is a balanced budget that maintains critical services around transportation, public
safety, transit, and community amenities, makes continuing investments in the City's
infrastructure, minimizes service impacts that are outward facing to the community, and continues
with the tradition of community sustainability around economic, environmental, and social health.
Kristin Heightner commented on an email she sent regarding the commitment to equity in the 2021
budget. She stated there are some serious gaps in equity specifically related to closing Parks
restrooms during winter and clearly and transparently prioritizing installation of Connexion in low-
income and mobile home park neighborhoods.
November 4, 2020
City of Fort Collins Page 214
Rich Stave questioned the revenue expectation for next year and how it would be adapted in the
case of another COVID-related shut down. He also questioned the role the unexpected revenue
increase plays in this overall platform being proposed today.
Councilmember Gorgol asked about the Parks restroom closures mentioned. John Stokes,
Community Services Director, replied the restrooms, including port-a-lets, will be available and
open all winter.
Councilmember Pignataro asked about Mr. Stave's question regarding the role of unexpected
revenue increases and lower than expected costs. Storin replied Council can always appropriate
funds on a supplemental basis; however, given this is a single-year budget, there is no specific
mid-cycle revision as there is in the typical two-year budget. He went on to discuss the legal
separation of utility rates and noted the new 2020 revenue outlook is the baseline for 2021 and no
growth or contraction assumptions on top of that were made.
Councilmember Cunniff noted there will be another full budget process with at least the same scale
of engagement or more for the 2022 budget. City Manager Atteberry concurred.
Councilmember Cunniff commended the conservation trust adjustments and stated he will be
requesting Council's support for an amendment to the budget that would contemplate the extra
$400,000 being treated as a loan and providing a mechanism for a future Council to repay that
loan.
Councilmember Pignataro thanked staff for the equity memo and efforts toward continued work
in that area. She commended staff for maintaining climate commitments and the air quality
program. She commented on the fact that a new Council will be in place next year and noted this
Council's priorities have the potential to be shortchanged given the single-year budget. City
Manager Atteberry acknowledged Councilmember Pignataro's concerns noting outgoing
Councilmembers usually have an opportunity to leave a legacy with the last one and a half years
of budget priorities.
Mayor Troxell asked about the Midtown Business Improvement District and potential matching
from City funds. Josh Birks, Economic Health Director, replied there were ongoing conversations,
pre-COVID, with the Midtown Business Improvement District about potential partnerships.
However, as COVID progressed, it was clear that moving forward with those capital projects
probably did not make sense. Over the last few months, the partnership has pivoted more toward
a tactical and operational approach and partnership. He stated the capital projects partnership
could be picked up in a subsequent budget.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 138, 2020, on First Reading.
Councilmember Cunniff requested Council support for bringing forth the conservation trust
question in the next budget cycle. He made a motion, seconded by Councilmember Gutowsky,
that the Ordinance be amended to add a new section 5 related to contemplating the replenishment
of conservation trust funds in the amount of $400,000 used in 2021 for Parks maintenance.
Mayor Pro Tem Stephens asked if the next Council would ultimately decide whether this would
occur. Councilmember Cunniff replied in the affirmative and noted this would not bind a future
Council to the decision.
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Councilmembers discussed their support for the proposed amendment.
The vote on the amendment was as follows: Yeas: Pignataro, Cunniff, Troxell, Stephens,
Gutowsky, Summers and Gorgol. Nays: none.
Mayor Pro Tem Stephens commended Councilmember Pignataro's idea to ensure the equity memo
received by Council is made available. She thanked staff for their work on the budget stating it
reflects equity and addresses emerging social service needs.
Mayor Troxell commended staff work on the budget and thanked community members for their
engagement.
RESULT: ORDINANCE NO. 138, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
14. Items Relating to Electric and Water Rates, Fees and Charges. (Adopted on First Reading)
A. First Reading of Ordinance No. 139, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
B. First Reading of Ordinance No. 140, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates, Fees, and Charges.
The purpose of this item is for Council to consider the above-listed electric and water rate ordinances,
adjusting monthly charges for both electric and water services in 2021. The revenue requirements to
support the 2021 budget require increasing monthly charges for electric service by 3.0%. Additionally,
a reduction in pricing is proposed for the voluntary Green Energy program, reducing the charge per
kWh from 1.9 cents per kWh to 1.6 cents per kWh in 2021. A 2% increase for water services is
proposed to help offset mitigation costs related to the Cameron Peak Fire. Upon adoption, both rates
would be effective January 1, 2021.
Lance Smith, Utilities Strategic Finance Director, discussed two proposed Utilities rate increases:
a 3% increase for electric services and a 2% increase for water rates in 2021 due to impacts from
the Cameron Peak and Troublesome East fires. He stated the total revenue requirements to meet
anticipated operations, maintenance, and capital investments is allocated to each rate class through
a cost of service study. He noted rate class adjustments are driven by several factors and stated
the average customer with all four utilities being provided by the City would see a $3.33 average
monthly bill increase. He noted there has been a priority around arranging payment assistance and
payment arrangement resources to those for whom utility payments have been a hardship.
Smith outlined proposed rate increases for neighboring communities and other water districts. He
also detailed the City's general approach to work with customers on energy and water efficiency
through education and retrofits to residences and to ensure customers are aware of the programs
available when financial assistance is necessary. He also noted there is about $600,000 of CARES
Act funding available for customers who have been affected by COVID.
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Rich Stave questioned assumptions made related to the 3% electric rate increase. He asked how
much revenue is generated from the residential category as opposed to others and commented on
the solar subsidy. He also questioned how the Fed is assuming no inflation, yet the City is asking
customers to pay for inflation expenses.
Mayor Troxell requested a staff response to Mr. Stave's questions. Smith replied about 40% of the
electric utility operating revenue comes from residential customers. Regarding the solar subsidy,
Smith stated the City does recognize it is paying a retail rate for that energy; however, it is trying
to promote solar adoption throughout the community. Regarding inflation, Smith stated the City
is looking at a ten-year capital investment horizon and a modest 2% or 3% rate of inflation is
appropriate as there will not be zero growth over the next decade.
Mayor Troxell asked about the coincident peak electric rate. Smith replied the coincident peak
rate involves the single moment when the system peaks in terms of energy demand each month.
He noted there is a time of day rate structure for residential and small commercial customers and
medium and large commercial and industrial customers have a coincident peak component to their
rate structure.
Mayor Pro Tem Stephens asked about utility shut offs and how staff is working with those
customers. Smith replied staff is working to resume normal operations, which does involve
disconnecting service for non-payment. He stated initial notices will be sent out in mid-November
encouraging customers to reach out to set up payment arrangements. These notices would be the
third time since the summer these customers have been contacted. He stated there was an increase
in the number of customers who fell behind on utility payments during the beginning of the
pandemic, but that trended downward until another spike occurred in August after the federal
unemployment benefits were discontinued. He stated staff is anticipating being able to provide
assistance through CARES dollars or the payment assistance fund.
Mayor Pro Tem Stephens encouraged individuals having difficulty paying their utility bills to
reach out to the City as there are assistance options and there is not the intent to disconnect people
in a frivolous manner.
Councilmember Gorgol expressed concern about moving forward with utility shut offs as we are
going into winter and stated she would bring that up during Other Business. She asked how the
electric rate can be looked at being distributed more evenly to lessen the burden on people who
are struggling during this time. Smith noted there is a separate rate structure for customers with
electric heat. Regarding cost distribution, Smith noted the tiered charge reflects the cost of energy
efficiency programs; however, Council could always ask staff to revisit that.
Councilmember Gorgol expressed concern about a blanket 3% rate increase.
Councilmember Pignataro asked what percentage of the homes serviced by Fort Collins Utilities
are all electric. Smith replied there are about 2,500-3,000 all electric homes in the community, or
about 3%.
Councilmember Pignataro discussed the importance of ensuring those with all electric heat are
aware of the alternative rate.
Councilmember Cunniff supported the idea of having a work session to discuss the rate structure.
He also noted renters cannot access ways to improve their energy use through capital
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improvements. He stated there should be a discussion around the parameters related to a utility
shut off moratorium.
Councilmember Gutowsky stated constituents have expressed concern about the time of day rates
noting the higher rates from 5:00 to 9:00 PM are particularly hurtful for some customers. She
stated some people may not be aware of what the time of day rates actually cost them.
Mayor Troxell noted time of day rates are revenue neutral. He also stated the rates enable
homeowners more transparency and ability to affect their bills. He stated the proposed rates are
reasonable and asked if there is a particular policy related to increasing water rates due to a wildfire
event. Smith replied there is a great deal of uncertainty around what costs are going to be related
to the fires and the goal is to keep adjustments gradual, which is part of the consideration around
this increase. He stated staff is likely to come forward with an appropriation that is going to exceed
the 2% that will be generated in incremental income; therefore, some reserves will need to be
drawn down to help pay for mitigation costs. Previously identified rate increases did not include
an allotment for fire mitigation efforts.
Councilmember Gutowsky requested staff provide information about the 'My Energy Portal.' Lisa
Rosintoski, Utilities Customer Connections, replied the 'My Energy Portal' allows customers to
see their electric usage at varying times of day and allows access to energy efficiency programs
and suggestions on energy use reduction.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 139, 2020, on First Reading.
Councilmember Cunniff stated he would support the motion as the case has been made that these
are necessary increases. Additionally, he stated it is important to note that the electric rates being
set here do not imply a further discussion cannot be had around the rate structure.
Mayor Pro Tem Stephens concurred and noted these increases are not arbitrary but are related to
the cost of doing business. She suggested more information could be provided to ratepayers
regarding how they can structure their daily chores to help save on their bills. She agreed a
moratorium on shut offs should be considered, particularly if additional need in the community is
seen. She stated she would support the motion but would like the conversations to continue.
Councilmember Pignataro suggested a small instructional video related to time of day rates and
standard family decisions could be beneficial.
Councilmember Gorgol stated she would support the motion hesitantly but she looks forward to
future conversations.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 140, 2020, on First Reading.
Mayor Pro Tem Stephens commented on the importance of promoting xeriscaping and on the use
of rate smoothing that ensures palatable rate increases.
Councilmember Gutowsky stated the water rate increase is likely more understandable and
supported by the community given the impact of fires.
November 4, 2020
City of Fort Collins Page 218
Councilmember Summers expressed support for this motion noting mitigation expenses will be
occurring. He acknowledged this is a needed but unexpected increase and stated there will still be
increases in coming years.
Mayor Troxell stated he will support the motion noting the true impacts of the fires on the
watershed will not be realized until the spring during runoff.
City Manager Atteberry noted Fort Collins Utilities are not for-profit businesses and rate increases
cover increased costs.
RESULT: ORDINANCE NO. 139, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
RESULT: ORDINANCE NO. 140, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
A. Consideration of a motion to adjourn the City Council meeting to conduct the Board meetings listed
below then return to the regular City Council meeting:
• GID No. 1 Meeting
• Skyview South GID No. 15 Meetings
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adjourn the
City Council meeting to conduct the General Improvement District No. 1 Board Meeting and the
Skyview South General Improvement District No. 15 Board Meeting and then return to the City
Council meeting.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Gorgol commented on utilities bill pay assistance programs stating even with
those programs, utilities should not be shut off. She also noted many people have utilities tied to
rent which makes them ineligible for bill pay assistance.
Mayor Troxell commented on additional COVID-related funding that may be available from Platte
River Power Authority.
City Manager Atteberry stated Fort Collins exhibits significant restraint when it comes to utility
shut offs. He stated the Executive Team will discuss the placement of this topic on a Council
agenda.
November 4, 2020
City of Fort Collins Page 219
Councilmember Gorgol asked when notices will be mailed. Lisa Rosintoski, Utilities Customer
Connections Manager, replied Utilities will not disconnect customers if they make payment
arrangements. Letters will go out mid-November outlining how staff has attempted to contact the
customer and how they can make payment arrangements. If necessary, another notice would be
sent in December and shut offs would happen approximately two weeks after that, but not during
the holidays.
Councilmember Gorgol opposed sending out notices until Council has a broader conversation.
City Manager Atteberry noted these will not be the first efforts at communicating with these
ratepayers and staff would not recommend postponing sending notices; however, that is the
prerogative of Council.
Councilmember Cunniff suggested adjourning to November 10 to gather more information and
that date would be in advance of the notices.
Councilmember Pignataro requested staff provide information regarding what steps have been
taken to contact residents. She agreed with Councilmember Cunniff's suggestion.
Mayor Troxell noted the Downtown holiday lights will be lit through Valentine's Day.
• ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, November 10, 2020 to conduct the annual
evaluation of the City Manager, City Attorney and Chief Judge and such other business as may come before
Council.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, November 10, in order to consider a motion to go
into executive session to conduct annual performance reviews of the Council’s direct report
employees, and for such other business as may come before the Council.
Councilmember Cunniff clarified Council will discuss utility shut offs prior to the Executive
Session.
Mayor Troxell congratulated Mayor Pro Tem Stephens on her County Commissioner election win
and noted Council will be having discussions regarding preparing for her vacancy.
RESULT: MOTION ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
AWAY: Summers
November 4, 2020
City of Fort Collins Page 220
The meeting adjourned at 9:42 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 221
November 10, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, this meeting has been conducted remotely, via teleconference.)
• CALL MEETING TO ORDER
Mayor Troxell outlined the public participation options.
City Manager Atteberry recommended shifting Other Business prior to Council going into
Executive Session.
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff: Atteberry, Daggett, Coldiron
1. Staff Presentation Regarding Utility Payment Assistance And Shut Offs And Possible Related Council
Action.
City Manager Atteberry stated the goal of this item is to have customers who may need assistance
begin to have conversations with Utilities staff around options.
Gretchen Stanford, Utilities, stated the City's goal is not to disconnect electric and water services
and staff hopes that when customers receive disconnect notices, they are more likely to pay
attention and take action. She noted direct assistance programs are available, including CARES
Act funding through the end of the year and making payment arrangements. She stated there are
currently 3,700 customers with delinquent accounts, which is about double the usual number, and
the average account owed for residential customers is $75 per month. Additionally, she noted less
than 1% of delinquent accounts are on the Income Qualified Assistance Program (IQAP) rate that
is available for customers. She outlined the various communications Utilities staff have had with
delinquent account customers.
Stanford noted over 1,200 customers have been assisted in 2020 with $450,000 in direct assistance.
She discussed the ways in which customers can apply for assistance and stated the goal is to
provide assistance prior to any disconnect occurring. She noted the Governor suspended statewide
utility disconnects through July and the City further extended that deadline for its customers;
however, delinquent accounts can have a negative impact on Utilities and potentially other
customers. She stated disconnect notices will begin going out November 13 and once a customer
receives that notice, they have 7 to 10 days before utilities are actually shut off to make payment
arrangements.
Lance Smith, Utilities Strategic Finance Director, discussed how the amount of outstanding
accounts receivable has grown over the past six months noting the pandemic has created
uncertainty for both customers and the Utility. He stated staff is anticipating ending 2020 with
over $2 million in accounts receivable beyond 60 days with another $600,000 between 30 and 60
days, which in total is well above the $426,000 budgeted for bad debt. He stated that it is not yet
a financial crisis for the Utility, but is a concern. He noted the focus remains on customers.
November 10, 2020
City of Fort Collins Page 222
Teresa Connor, Interim Utilities Executive Director, noted Utilities staff do not want to disconnect
service and reiterated the need for customers to engage with staff to make a payment plan and/or
take advantage of CARES Act funding and payment assistance funding.
Mayor Pro Tem Stephens asked if customers are more responsive after receiving shut off notices.
Stanford replied in the affirmative and clarified that not all delinquent accounts are related to the
pandemic.
Mayor Pro Tem Stephens asked if the amount of assistance is limited or if customers can get
enough assistance to fully pay what they owe. Stanford replied there are currently 319 residential
customers that have delinquent accounts of over $1,000 and CARES Act funding will provide
support of up to $600. Payment arrangements or the use of the payment as sistance program can
be used for the remainder.
Councilmember Gutowsky noted multiple notices have been sent out to delinquent customers since
June and stated another notice seems prudent.
Councilmember Gorgol asked what percentage of eligible residents are enrolled in the IQAP
program. Smith replied about 10% of customers are eligible, and maybe only 5% are enrolled.
Councilmember Gorgol suggested the time between the notices and actual shut offs should be
increased to 30 days. She asked how that change would impact the spending of CARES Act
funding by the end of the year. Stanford replied it could still be used.
Councilmember Gorgol encouraged staff to work with other agencies distributing CARES
funding. She also suggested trigger points for a more aggressive approach be determined for the
Utility and requested staff return with statistics on how many shut offs occurred and how many
customers set up payment plans.
Councilmember Cunniff stated sending another letter may not help certain customers who simply
are not opening mail or answering phones; therefore, it either needs to be accepted that people will
end up with utilities shut off or more direct door-to-door contact may be needed. He suggested
not extending the timeframe for shut offs as people will call once their utilities are shut off and
having extra time to allow for CARES Act funding to be put into place would be helpful.
Councilmember Cunniff noted a rate increase is one alternative as is the use of general fund
reserves for an assistance program.
Councilmember Pignataro asked if staff could estimate the amount of delinquent accounts that
would exist if there hadn't been a hiatus in sending delinquency notices. Connor replied letters
indicating delinquency were still being sent; however, disconnect notices were not sent and
services were not disconnected. She noted customer service representatives are trained in dealing
with disconnected customers and service is restored the same day payment plans are outlined.
Councilmember Pignataro asked how much time goes past before an account is considered
delinquent. Smith replied accounts are determined to be delinquent after two months of
nonpayment.
Mayor Troxell noted there may be students who have left town and are studying remotely who
may be part of this population.
November 10, 2020
City of Fort Collins Page 223
Councilmember Gutowsky asked what would occur that would lead to a crisis mode for Utilities.
Smith replied his concern is more the trend rather than the specific dollar amount at this time and
a bigger problem would exist if things become more normal with the pandemic but there are still
this many delinquent accounts.
Councilmember Cunniff asked if staff needs direction related to shut off dates. City Attorney
Daggett replied the dates are set administratively and this item is before Council in order to ensure
Council does not want to direct something different.
Connor suggested staff will figure out the date that would best allow for the use of CARES Act
funding assistance, and it will likely be 10 to 15 days out from notices.
Councilmember Gorgol requested staff provide a memo of the timeframe and summary of outreach
strategies.
Mayor Pro Tem Stephens commended the work of customer service representatives and asked if
they have the ability to refer people to other available community resources. Stanford replied in
the affirmative.
• OTHER BUSINESS
Councilmember Summers requested an update on the $425,000 budget for hotel rooms for
homeless individuals and suggested those funds could be used for some of these other needs. City
Manager Atteberry replied staff will provide a memo to Council and noted there will be an update
regarding the COVID appropriation dollars at next week's worksession.
A. Consideration of a motion to adjourn into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session, as permitted under Article Two, Section Eleven, item One, of
the City Charter, Section 2-31(a)(1)(a) of the City Code and Colorado Revised Statutes Section
24-6-402(4)(f)(roman numeral one), for the purpose of conducting annual evaluations of the Chief
Municipal Judge, City Attorney And City Manager.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 10:00 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 224
November 17, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via
teleconference.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted there will be no opportunity for in-person public participation at
this meeting due to increasing COVID concerns; therefore, Council will need to consider a motion
to authorize Item No. 16, Public Hearing and First Reading of Ordinance No. 145, 2020 Amending
the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Timberline Church Rezoning, to proceed remotely without an option for
in-person participation if Council wishes to move forward with the item this evening. He noted
the applicant has no objection to the change.
City Manager Atteberry stated Item No. 13, Items Relating to a Citizen-Initiated Petition Relating
to the Hughes Stadium Property, was changed to reflect information related to a protest that was
filed and then withdrawn. Additionally, he noted the remaining Council meetings for 2020 have
been shifted to a remote-only format and Council will consider a motion to adjourn to November
24, 2020 in order to accommodate follow-up items for Council's consideration.
Consideration of a motion to authorize Item No. 16, Public Hearing and First Reading of Ordinance No.
145, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Clas sification for
that Certain Property Known as the Timberline Church Rezoning, to proceed using Remote Technology
without the option for in-person participation:
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that City
Council find the Timberline Church rezoning, scheduled for consideration on tonight’s agenda as
item number 16, is pressing and requires prompt action and further find that virtual technology
will provide due process to hear that matter through sufficient public participation and input, and
based upon such findings authorize a Quasi-Judicial Hearing using Remote Technology by the
City Council to proceed in that matter pursuant to Section 8 of Ordinance No. 079, 2020.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• PUBLIC COMMENT
Mayor Troxell outlined the public participation options.
November 17, 2020
City of Fort Collins Page 225
Tamara Muir expressed concern about the lack of a sustainable plan for home-like long-term care
facilities and stated individuals with COVID need to be immediately removed from those settings
to prevent spread. She questioned whether Council has had discussions about a management
strategy for opening some type of care facility for those patients.
Rory Heath commented on COVID testing reservations being full and requested Mayor Troxell
and Mayor Pro Tem Stephens recuse themselves from the discussion of Item No. 13, Items
Relating to a Citizen-Initiated Petition Relating to the Hughes Stadium Property.
Rich Stave commented on the Energy Board's discussion related to Item No. 8, Second Reading
of Ordinance No. 141, 2020, Approving the Administrative Rules, Regulations and Standards for
the Riverside Community Solar Program. He questioned liability and insurance issues related to
individuals' purchasing of solar panels.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments. He noted the City is working closely with the
County and State regarding COVID procedures and requested additional staff input on the topic.
Jim Byrne, Emergency Preparedness and Security, replied County Health has a working group
specific to residential care facilities and he will provide additional information after doing some
research.
Mayor Troxell requested staff address Mr. Stave's questions regarding community solar.
Theresa Connor, Interim Utilities Director, noted Council was provided a memo related to the
Energy Board discussion.
John Phelan, Utilities, noted the Energy Board brought up how to manage a potential risk of partial
damage to the location. He noted Leeland Keller, Solar Garden Project Manager, met with the
City's Risk Management staff to identify a path forward wherein the City can procure a
comprehensive insurance option for the customer-owned panels using the project's existing
operations and maintenance fund. He noted staff will be doing a detailed assessment of operations
and maintenance cost requirements during the next five years of extended warranty.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the October 6, 2020 Regular Council Meeting.
(Adopted)
The purpose of this item is for consideration and approval of the minutes of the October 6, 2020
Regular Council Meeting.
November 17, 2020
City of Fort Collins Page 226
2. Second Reading of Ordinance No. 127, 2020, Adopting the 2021 Budget and Appropriating the
Fort Collins Share of the 2021 Fiscal Year Operating and Capital Improvem ents Funds for the
Northern Colorado Regional Airport. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates Fort
Collins’ share of the 2021 fiscal year operating and capital funds for the Airport. Under the Ame nded
and Restated Intergovernmental Agreement for the Joint Operation of the Airport between Fort Collins
and Loveland (the “IGA”), the Airport is operated as a joint venture with each City owning 50% of the
assets and revenues and responsible for 50% of the operating and capital costs. The proposed budget
does not include financial contributions from the City’s General Fund as it has in previous years
because anticipated Airport revenues will provide sufficient revenues for operations, primarily as a
result of the Northern Colorado Law Enforcement Training Center Lease payments by both Cities.
Because each City has an ownership interest in 50% of the Airport revenues, each City must
appropriate its 50% share of the annual operating and capital budget for the Airport under the IGA.
3. Second Reading of Ordinance No. 128, 2020, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority relating to the Annual Appropriations for the
Fiscal Year 2021 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year
2021. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, sets the Downtown
Development Authority ("DDA") Budget. The following amounts will be appropriated:
DDA Public/Private Investments & Programs $8,067,545
DDA Operations & Maintenance $1,385,349
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
The DDA anticipates receiving in 2021 tax increment revenues of approximately $6,630,081 and
approximately $788,897 in revenues from its five-mill property tax for the DDA’s operational and
maintenance expenditures. The Ordinance also sets the 2021 Mill Levy for the Fort Collins DDA at
five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown
Development Authority's financial plan for 2021.
4. Items Relating to the 2020 Fee Updates. (Adopted)
A. Second Reading of Ordinance No. 129, 2020, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Revise the Capital Expansion Fees and the Transportation Expansion Fee.
B. Second Reading of Ordinance No. 130, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 131, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Sewer Plant Investment Fees.
D. Second Reading of Ordinance No. 132, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Stormwater Plant Investment Fees.
E. Second Reading of Ordinance No. 133, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Plant Investment Fees.
November 17, 2020
City of Fort Collins Page 227
F. Second Reading of Ordinance No. 134, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Water Supply Requirements Fee.
These Ordinances, unanimously adopted on First Reading on November 4, 2020, review inflation
updates effective January 1, 2021, associated with Electric Capacity fees, Water Supply Requirement
fees, Water, Sewer and Stormwater Plant Investment fees, Capital Expansion fees and Transportation
Capital Expansion fees. Inflation updates are 2.7% for Capital Expansion fees, 0.6% for Transportation
Capital Expansion fees, and 3% for Utility fees.
Coordination of Council-approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2020 fee
update, fee phasing will be complete with regular two and four -year cadence updates beginning in
2021.
5. Second Reading of Ordinance No. 135, 2020, Making a Supplemental Appropriation for the
CanDo Community Telework Program and Authorizing the City Manager to Execute the Grant
Agreement on Behalf of the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates $4,999 in
unanticipated revenue received through a grant for the Colorado Departme nt of Transportation
(CDOT) CanDo Community Telework Grant program to be managed by the FC Moves Department.
The Ordinance also authorizes the City Manager, in consultation with the City Attorney, to
execute the Grant agreement/acceptance on behalf of the City.
6. Second Reading of Ordinance No. 136, 2020, Appropriating Unanticipated Philanthropic
Revenue Received by City Give from WaterPik, Inc., for Transfer to Social Sustainability in the
General Fund for the Equity Indicators Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates $10,000
in philanthropic revenue in the General Fund for transfer to Social Sustainability for the support of the
Equity Indicators Project as designated by the donor, WaterPik, Inc. In a commitment to advance
equitable outcomes, the City has selected the CUNY Institute for State and Local Governance (ISLG)
to lead the Equity Indicators project to establish a framework for measuring and understanding the
inequities that exist in Fort Collins.
7. Second Reading of Ordinance No. 137, 2020, Making Certain Amendments to the Codes of the
City of Fort Collins to Eliminate Affordable Housing Fee Waivers and Instead Authorize a
Discretionary Credit for Certain Affordable Housing Units to be Constructed in the City.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, amends City Code and
Land Use Code to simplify the way affordable housing fee waivers are used to support the
development of affordable housing units targeting the city’s lowest wage earners. Instead of calculating
precise fee amounts for waivers on a project by project basis, flat amounts of credit will be established
and codified for qualifying new construction and adaptive reuse homes targeting households making
no more than 30% Area Median Income (AMI). This support will still be subject to Council discretion
and appropriation of funding. Not only will this provide greater certainty to the developer and be more
efficient to administer by the City, it will also allow all City departments’ fees to be paid in full either by
the developer or by the credit that has been appropriated.
November 17, 2020
City of Fort Collins Page 228
8. Second Reading of Ordinance No. 141, 2020, Approving the Administrative Rules, Regulations
and Standards for the Riverside Community Solar Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, approves the Riverside
Community Solar Program rules, which define the continuing delivery of credits and other program
benefits to participating customers. The Utilities’ Executive Director has approved the Riverside
Community Solar Program, as defined by the Program Rules and Continuing Participation Agreement
under the authority defined by Code §26-463(a). Council’s approval of the Ordinance, and the Program
Rules as attached to it, completes the approval process.
Utilities completed acquisition of the Riverside Community Solar Project on August 28, 2020, assuming
all responsibility for program management, customer support, and operations and maintenance. As a
result of the transfer, existing customer contracts with Clean Energy Collective for the old program
structure terminated. Utilities is re-enrolling participating customers that already own panels in the
array of the Program via Continuing Participation Agreements. Current customers who own panels in
the solar array (“Customer-owners”) and re-enroll in the Program will continue to receive credits on
their bill as they do today, based on the City’s applicable time of day rates as set forth in the City Code.
9. First Reading of Ordinance No. 142, 2020 Authorizing the Conveyance of a Portion of City
Property at Kingfisher Natural Area in Exchange for an Access Easement at 1807 East Mulberry
Street. (Adopted)
The purpose of this item is to seek Council approval of a Quit Claim Deed conveying to DD&B
Investment Group, LLC (DDB) a portion of Kingfisher Natural Area historically used for parking and
access associated with the businesses occupying 1807 East Mulberr y Street, in exchange for a Non-
Exclusive Access Easement from DDB to the City for access to Kingfisher Natural Area.
10. First Reading of Ordinance No. 143, 2020, Transferring Appropriations in the General Fund
from the Coronavirus Relief Fund, CARES Act, Title V, to the Water and Wastewater Funds.
(Adopted)
The purpose of this item is to transfer $27,245 and $13,562 of the City’s Coronavirus Relief Fund
(CVRF) money from the General Fund to the Wastewater and Water Funds, respectively. The transf er
is necessary to recognize the future depreciation of certain expenses in the Wastewater and Water
Funds for lab supplies and to support teleworking capabilities. To account for this depreciation correctly
and to recognize the depreciation expense in the correct fund, the original expenditures should occur
in the Wastewater and Water Funds.
11. Resolution 2020-103 Determining Fair Value for the Property Interests at 143 East Remington
Street to be Exchanged by Entities Affiliated with the Downtown Develo pment Authority and
Housing Catalyst in Connection with the 140 East Oak Street Affordable Housing Project.
(Adopted)
The purpose of this item is for Council to determine fair value for a property exchange the Downtown
Development Authority (DDA) and Housing Catalyst are proposing regarding the 140 East Oak Street
affordable housing project, which would include incorporation of the neighboring property, 143
Remington Street, into the project. This parcel will be combined with the 140 East Oak Street property,
for which Council determined fair value via Resolution 2020 -061 at the Council meeting held on July
21, 2020.
The project’s 79 units will be a mix of studio, and one- and two-bedroom apartments that serve
individuals and households whose earnings range from 30-80% AMI (area median income) with the
target of an overall average of 60% AMI. With these combined parcels, the number of parking spaces
increases by nine and the building height is reduced from six to five stories, which increases
neighborhood compatibility and is in response to community concerns. This work aligns with the
Council Priority of Affordable and Achievable Housing Strategies, is a partnership between the DDA
and Housing Catalyst, and was approved by the Planning and Zoning Board on Se ptember 3, 2020.
November 17, 2020
City of Fort Collins Page 229
12. Resolution 2020-104 Approving the 2020 Master Plan for the Northern Colorado Regional
Airport. (Adopted)
The purpose of this item is to adopt the updated Master Plan at the Northern Colorado Regional Airport.
The Airport is jointly owned and operated by the Cities of Fort Collins and Loveland, and operational
oversight is provided by the Northern Colorado Regional Airport Commission. The Federal Aviation
Administration (FAA) recommends that public use airports have and update their master plans
approximately every 10-15 years. The Master Plan focuses on the physical development of airport
property to meet existing and projected aviation demands. In addition, other factors relating to the
Airport and its environs were evaluated, such as surrounding land use, environmental considerations,
and infrastructure.
• STAFF REPORTS
A. Staff Report: CARES Funding Update (SeonAh Kendall)
City Manager Atteberry thanked SeonAh Kendall and Blaine Dunn for their leadership.
Blaine Dunn, Interim Accounting Director, provided a recap of the funding received by the City
from the federal CARES Act bill. He stated the City was granted $9 million as part of the
Coronavirus Relief Fund and he explained the reimbursement process for related costs.
SeonAh Kendall, Recovery Manager, discussed the interactive dashboard staff is anticipating
making public next week that addresses funds obligated and received via reimbursement as well
as other information. She also discussed the Keep NoCo Open campaign and its messaging around
ensuring the community businesses can remain open safely.
Councilmember Pignataro asked how CARES funding is distributed. Dunn replied the CARES
Act was the overarching bill passed by the federal government and noted the same formula
amounts were used to distribute that funding as are usually used for things like CDBG. There was
a formula dictated by the Treasury Department for the Coronavirus Relief Fund and that was
distributed by the state.
Mayor Troxell noted the funding provided to the Northern Colorado Regional Airport was
distributed through the FAA.
Councilmember Gorgol asked how staff has been able to adapt and change what is being funded
to respond to community needs. Kendall replied staff works with local service providers and the
County to adjust opportunities. She also noted the United States Treasury guidance has changed
quite a bit over the past few months as well.
Councilmember Gorgol asked if anything will change in terms of Poudre School District going
back to remote learning. Kendall replied staff has had conversations around providing childcare
for vulnerable students and using CARES dollars to fund that.
Mayor Pro Tem Stephens noted businesses will only be able to remain open if health guidelines
are followed. She also encouraged fellow Councilmembers to request additional funds.
Councilmember Summers discussed possible state fund allocations. He asked about the status of
the funding of motel rooms for homeless individuals. Jackie Kozak-Thiel, Chief Sustainability
Officer, replied the original projected cost was $420,000 to support a non-congregate shelter for
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the most vulnerable homeless individuals and the actual cost will be about $419,000 by the end of
the year.
Councilmember Summers asked if it is correct that 52 unique individuals have been served for
some period of time. Kozak-Thiel replied in the affirmative and noted the program is serving
people who are currently battling cancer and other health issues. She confirmed the program is
also helping individuals get document-ready to ensure a smooth transition to permanent supportive
housing or to ensure health coverage.
City Manager Atteberry commented on the City organization moving its workforce to remote as
much as possible. He stated he has been in regular contact with Tom Gonzales, Larimer County
Public Health Director, regarding restaurants noting the industry has been hit very hard and most
are doing great work; however, there are some not abiding by guidelines and those will be
addressed and cited if appropriate.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Stephens commented on Neighbor to Neighbor being named an Envision Center
by HUD, making it the only entity in the state to be so named, and commended the work of the
organization. She reported on small business visits to Foundation Music School and Young's
Vietnamese Café. She noted this week is the National League of Cities conference and she
mentioned some of the topics to be discussed.
Councilmember Gutowsky reported on a visit to Wolverine Press and noted the Food Bank is
requesting frozen turkeys for Thanksgiving. She also commented on a meeting with Fort Collins'
Friendship City in Portugal and on Colorado Recycle Week and related Fort Collins accolades.
Mayor Troxell reported on two proclamations, one related to shopping locally during this holiday
shopping season. He reported on visits to Dandelions and Rust and Raska Sauce and Restaurant.
He also reported on the Salvation Army Red Kettle kick-off and his participation in meetings
related to the opioid settlement to the state.
• DISCUSSION ITEMS
13. Items Relating to a Citizen-Initiated Petition Relating to the Hughes Stadium Property.
(Adopted)
1. Consideration of a motion to go into an Executive Session to discuss the Hughes Stadium Property
Initiative Petition.
“I move that the City Council go into executive session for the purpose of discussing with the City’s
attorneys and appropriate management staff the following matters under:
• 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), the following:
A. 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, development or regulation of the or local law, and
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B. Specific legal questions related to potential litigation regarding the citizen initiative related to the
Hughes Stadium property and the manner in which the particular policies, practices or
regulations of the City related to that citizen initiative may be affected by existing or proposed
provisions of federal, state or local law.”
2. First Reading of Ordinance No. 144, 2020, Adopting a Citizen -Initiated Ordinance Regarding the
Rezoning and Acquisition of the Hughes Stadium Annexation Property. (Option 1)
OR
Resolution 2020-105 Submitting to the Electors of the City at the Next Regular Municipal Election
on April 6, 2021, a Citizen-initiated Ordinance Relating to the Hughes Stadium Property. (Option
2)
The purpose of this item, pursuant to the requirements of the City Charter when presented with an
initiative petition certified as sufficient by the City Clerk, is to either:
(1) adopt the proposed ordinance without alteration within 30 days; or
(2) submit the proposed measure to the registered electors of the City.
Mayor Pro Tem Stephens recused herself from the discussion of this item.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, that the City
Council go into executive session for the purpose of discussing with the City’s attorneys and
appropriate management staff the following matters under:
• 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), the following:
A. 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, development or regulation of the or local law, and
B. Specific legal questions related to potential litigation regarding the citizen initiative related
to the Hughes Stadium property and the manner in which the particular policies, practices
or regulations of the City related to that citizen initiative may be affected by existing or
proposed provisions of federal, state or local law.
Cory (no last name given) opposed the use of an Executive Session and encouraged Council to
look at the bigger picture of ensuring Fort Collins residents have the ability to recreate outdoors
on this property.
Mayor Troxell noted no decisions will be made in the Executive Session.
Beth Bensheit noted Fort Collins collects over $8 million a year in sales and use taxes for Natural
Areas. She noted the property will never be recovered by the residents if it is sold and developed.
Kathryn Dubiel stated she was very involved in the citizen initiative process and expressed concern
about the use of an Executive Session to discuss the initiative.
Jason Knebgl thanked Mayor Pro Tem Stephens for acknowledging ongoing ethics concerns
regarding her employment at CSU. He requested Mayor Troxell also recuse himself and opposed
Council having discussions in Executive Session.
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Mary Alice Grant expressed concern about Council going into Executive Session.
Tamara Muir thanked Mayor Pro Tem Stephens for recusing herself and requested Mayor Troxell
do the same. She expressed concern the entire process around the Hughes Stadium property has
lacked transparency.
Rory Heath echoed concerns that have been mentioned and stated an Executive Session should
only be used if absolutely necessary.
Jennifer (no last name given) opposed the use of an Executive Session.
Mayor Troxell noted this item will be discussed following the Executive Session and stated there
is no pending conflict of interest issue related to his employment with CSU. He stated his role as
a faculty member has nothing to do with the CSU System and land issues; therefore, there is no
reason for his recusal.
Councilmember Cunniff stated he would support the motion despite the citizen fears that a decision
will be made. He noted the Executive Session will be used to ensure Council understands the
landscape with respect to its decision space regarding the citizen initiative.
The vote on the motion was as follows: Yeas: Cunniff, Troxell, Gutowsky, Summers, Gorgol and
Pignataro. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council went into Executive Session at this point in the meeting.)
Mayor Troxell noted the City Charter requires Council to either adopt the proposed ordinance
without alteration or to submit a proposed measure to the registered electors of the City when
presented with a certified citizen initiative petition.
City Clerk Coldiron discussed the petition process and noted the petition was certified by the City
Clerk's Office on November 5. She outlined Council's options: to adopt the proposed citizen-
initiated ordinance with no alterations within 30 days, or to submit the proposed measure to the
registered electors of the City at the next City municipal election, which is in April. She noted a
protest was filed with the City Clerk's Office related to the proposed ballot language, but it was
withdrawn after staff worked with the party to revise the language.
Mayor Troxell commented on the adversarial nature of this citizen initiative noting it essentially
directs the City Manager to subvert Council and purchase the property. He noted Council has
already directed staff to do so using market-based logic and negotiating authority; however, CSU
declined the City's offer and has said it plans to develop the property with the stated goal of
generating a financial return and delivering workforce housing for its employees. He stated the
Council is committed to transparency and to working with partners to respond to the needs of
residents for the good of the community.
Tamara (no last name given) stated the ethics complaints brought against Mayor Troxell were not
dismissed at the IDEC for lack of conflict but rather for lack of jurisdiction. She stated the fact
that over 8,000 signatures were gathered on the petition should speak volumes. She stated the
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citizen initiative is the only recourse citizens have to support themselves and she requested
Council's support as being officials elected to act on behalf of constituents.
Tom Farnsworth commented on a saved open space impacting citizens' lives for generations and
stated Council needs to act on purchasing the property with Natural Areas sales tax dollars.
Lacey Gechter supported adopting the ordinance as is.
Nick Frye stated he is excited there are only two options before Council and expressed
disappointment in Mayor Troxell stating he is corrupt and fraudulent.
Michela Dunbar discussed the need for a wildlife rehabilitation center in Northern Colorado and
urged Council to adopt the ordinance as is.
Martha Zook commented on members of the Maxwell family signing the petition and stated CSU
should do the right thing and allow for the will of Fort Collins residents to be heard.
Jason Knebgl commented on the 8,300 signatures collected and requested Council listen to the will
of the people it was elected to serve. He stated Mayor Troxell should recuse himself from this
decision.
Rebecca Lapole echoed the citizen comments and noted there is a need for a wildlife rehabilitation
center which could be located on the property. She agreed Mayor Troxell should recuse himself
from this decision.
Barbara Denny commented on the value of the land to citizens as open space and she requested
Council listen to the will of the people and adopt the ordinance as is.
Liz Dougherty requested the property be preserved as open space. She commented on the negative
effects of developing the parcel, including traffic and pollution.
Mary Alice Grant expressed disappointment in the way the public feedback was framed by Mayor
Troxell. She opposed development of the property and stated the City did not negotiate in good
faith with CSU.
Lisa McDonald requested Council represent its constituents and stated there is no guarantee of an
affordable housing development.
Beth (no last name given) commented on her experience getting petition signatures and noted Fort
Collins residents support open space.
Ted Walkup expressed support for public open land at the Hughes site and stated the negative
impacts of the proposed development would endanger bikers and pedestrians and create increased
air pollution. He stated there are more suitable locations for affordable housing in the community.
Tallon Nightwalker commented on the need for a wildlife rehabilitation center and stated this
initiative clearly shows the desire of residents to have open space and a rehabilitation center.
Kathryn Dubiel commented on the community's overwhelming support for the open space sales
tax and stated this item would be overwhelmingly adopted if placed on the ballot.
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Paul Patterson requested Council adopt the ordinance as is and stated CSU is misusing the Site
Plan Advisory Review (SPAR) process as the proposed development is private, not public.
Tara (no last name given) stated she hopes Council hears how important this land is. She
encouraged Council to adopt the ordinance as is and expressed concern about the application of
the SPAR process.
Lynn Studheit requested Council prioritize the voices of citizens over that of CSU.
Rory Heath opposed the statements and actions of Mayor Troxell and urged Council to use open
space dollars to purchase the property.
Jennifer (no last name given) stated CSU is aiming to create housing for its workforce, a category
into which Mayor Troxell falls; therefore, he should recuse himself from this discussion. She
discussed the importance of the property as open space.
Addie (no last name given) commented on the community's desire for this property to be open
space.
Coleen (no last name given) discussed the community support for the adoption of this ordinance.
Mary (no last name given) commented on the community's desire for this property to remain open
space.
Emily Olivo commented on the environment being a top priority for Fort Collins residents and
commented on the goals that will be met by ensuring this property remains open space. She also
commented on the need for a wildlife rehabilitation center.
Melissa (no last name given) noted affordable housing was not a priority for CSU from the
beginning and opposed the use of the SPAR process. She requested Council adopt the ordinance
as is.
Elena (no last name given) thanked the volunteers who collected signatures and urged Council to
adopt the ordinance as is. She opposed the use of the SPAR process and City Manager Atteberry's
participation in any negotiations with CSU.
Jerry Gavaldon commented on the SPAR process and encouraged Council to make the best
decision for the community.
Melody Nicholas noted this property is not just another cornfield and stated allowing this
development would negatively impact the community.
Councilmember Cunniff requested clarification on administrative matters, such as land purchases,
going before voters on a ballot. City Attorney Daggett replied matters such as a land sale have
been found to be more administrative than legislative per Colorado law and there are multiple
decisions indicating the citizen initiative power does not extend to administrative matters unless
so stated in the City Charter, which is not the case in Fort Collins. Therefore, there is an issue with
respect to the portions of the initiative that deal with the matter of acquiring the property, as
opposed to the zoning aspect of the initiative which would be considered legislative.
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Councilmember Cunniff noted Council could adopt the ordinance and circumvent the ballot issue.
City Attorney Daggett replied in the affirmative.
Councilmember Cunniff noted the previous offer for the land made by the City did not just utilize
Natural Areas tax dollars and if the City were to move forward with the land purchase, it would
likely be the same situation.
Councilmember Cunniff stated he does not support purchasing the entire parcel with Natural Areas
tax dollars as parts of the land are not natural. He noted there is specific language regarding habitat
and restoration that is part of the Natural Areas tax ballot language.
Mayor Troxell questioned the price of the parcel given there may not be a willing seller. He asked
about the condition of the property as it relates to Natural Areas standards. City Manager Atteberry
replied staff expects the restoration of this property to take several million more dollars beyond
the property acquisition cost. He discussed the previous offer made by the City and stated it was
a fair market value offer.
Councilmember Pignataro requested input regarding the difference between open space and
Natural Areas. John Stokes, Natural Areas, replied there are two funding sources for the Fort
Collins Natural Areas program: a City of Fort Collins sales tax and a county sales tax, a portion of
which is shared with the City. The revenues must be spent in accordance with the initiatives passed
by voters and with the adopted Master Plan. He stated the City uses the term "Natural Areas" to
emphasize the mission is oriented to conservation, biological diversity, et cetera.
Councilmember Pignataro asked if the City has a permanent easement on the part of the Hughes
property with the sledding hill and frisbee golf course. City Manager Atteberry replied in the
affirmative and noted it is for stormwater purposes. City Attorney Daggett replied the City
acquired a stormwater easement that was intended to address stormwater flows in perpetuity;
however, there are some provisions that would allow for the location of the detention to be
relocated. The City's right to have a stormwater facility on the property is permanent.
Councilmember Pignataro asked if there are any third-party entities that could determine fair
market value. City Manager Atteberry replied there are appraisers who could provide estimated
values; however, the question about a willing seller still remains.
Councilmember Pignataro asked if the estimates would change depending on the zoning. City
Manager Atteberry replied in the affirmative.
Councilmember Cunniff noted a wildlife rehabilitation center would be allowed under Public Open
Lands zoning.
Councilmember Summers stated citizens have expressed their appreciation for the property as is;
therefore, there may not be an immediate need for restoration.
Mayor Troxell asked about the current Natural Areas account balance. Stokes replied it is not the
$74 million indicated by some speakers and he noted about $5 million of the approximately $8
million in annual revenues is budgeted for operations and maintenance of the Natural Areas
system.
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Mayor Troxell noted this property is not a priority for the Natural Areas program to acquire;
therefore, its purchase would take away from other prioritized purchases. Stokes noted staff has
not recommended this property for acquisition as it already owns a great deal of Natural Area
space on the west side of town and Spring Canyon Community Park is also nearby.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, that the Council
adopt Ordinance No. 144, 2020, on First Reading.
Councilmember Cunniff noted there is a question related to the administrative nature of this item
if it were to be placed on the ballot. He thanked the citizens for their efforts.
Councilmember Summers stated he would like to see the item placed on the ballot before the entire
constituency.
Councilmember Gorgol commended the passion of the residents and stated residents may have
wanted to place the item on the ballot when they signed the petition. She stated it would be a
completion of the democratic process to have the item placed on the ballot.
Councilmember Gutowsky stated she would support the motion as residents from all over the city
have expressed their desire to preserve the property.
Mayor Troxell stated he would support placing the item on the ballot.
The vote on the motion was as follows: Yeas: Gutowsky, Cunniff and Pignataro. Nays: Troxell,
Summers and Gorgol.
THE MOTION FAILED.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Resolution
2020-105, as amended to include the language added.
Councilmember Cunniff noted this action effectively refers the entire issue to the ballot; however,
a judge will be asked to help sort through the Charter issue related to administrative actions.
City Attorney Daggett noted some additional minor corrections to the Resolution language.
Councilmembers Cunniff and Gorgol accepted the corrections as friendly.
Councilmember Cunniff stated he would support the motion and noted there should be a way to
honor the intent of the voters regardless of the judge’s recommendations.
Councilmember Pignataro stated she would support the motion, though she would have preferred
to adopt the ordinance outright.
Councilmember Gutowsky stated she would support the motion, though she would have preferred
to adopt the ordinance as well.
November 17, 2020
City of Fort Collins Page 237
RESULT: RESOLUTION 2020-105 ADOPTED [6 TO 0]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
RECUSED: Stephens
Motion to Suspend the Rules to Continue the Meeting Past 10:30 PM.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to suspend the rules
to continue the meeting past 10:30 PM in order to complete its agenda and consider such other
business as may come before Council. Yeas: Cunniff, Gorgol, Pignataro, Stephens, Troxell,
Summers and Gutowsky. Nays: none.
Council members discussed whether moving forward with all items on the agenda is appropriate
given the lateness of the hour.
City Manager Atteberry noted staff has talked with the applicant for the Timberline Church
Rezoning and they are in agreement the item could be moved to another date. He discussed the
time requirements for other items on the agenda.
City Attorney Daggett stated Council would need to formally vote to continue the rezoning item
to a date certain.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Motion to Postpone the Timberline Church Rezoning.
Councilmember Summers made a motion, seconded by Councilmember Cunniff, to postpone
consideration of Public Hearing and First Reading of Ordinance No. 145, 2020 Amending the
Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Cert ain
Property Known as the Timberline Church Rezoning, as the first item on the regular meeting
agenda of December 1, 2020.
City Manager Atteberry noted staff would likely recommend the meeting begin at 4:30 PM on
December 1.
Councilmember Gorgol noted both the November 24 and December 8 meetings are already
scheduled to begin at 4:30.
Councilmember Cunniff expressed concern about making it a habit for the meetings to start at 4:30
as citizens are used to them starting at 6:00.
Mayor Pro Tem Stephens noted another option would be to schedule a special meeting.
Mayor Troxell suggested the Leadership Team discuss the schedule.
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City of Fort Collins Page 238
Brad Florin, Timberline Church, stated he understood the Timberline Church Rezoning item would
be delayed by one week, not more, and he requested Council consider the item this evening.
Robert (no last name given) expressed concern Timberline Church has not stated a reason for its
zoning change request. He stated the proposed zoning is not compatible with the neighborhood
and is not justified. He requested the zoning not be granted until the Church can identify a need.
Councilmember Cunniff suggested amending the motion to postpone consideration of the item to
November 24 per the applicant's request. Councilmember Summers concurred.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Ken Summers, District 3
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
14. Second Reading of Ordinance No. 138, 2020, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for Fiscal Year 2021; Adopting the Budget for the Fiscal
Year beginning January 1, 2021, and Ending December 31, 2021; and Fixing the Mill Levy for
Property Taxes Payable in 2021. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 4, 20 20, sets the City Budget
for the one-year period (2021) which becomes the City’s financial plan for the next fiscal year. This
Ordinance sets the amount of $668,909,564 to be appropriated for fiscal year 2021. However, this
appropriated amount does not include what is being appropriated by separate Council/Board of
Director actions to adopt the 2021 budget for the General Improvement District (GID) No. 1 of
$808,791, the 2021 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA)
2021 budget of $6,706,744 and the Downtown Development Authority 2021 budget of $23,884,505.
This results in City-related total operating appropriations of $700,310,604 in 2021. This Ordinance
also sets the 2021 City property tax mill levy at 9.797 mills, unchanged since 1991.
City Manager Atteberry discussed the unique one-year nature of this budget and stated he is proud
to recommend its adoption.
Travis Storin, Interim Chief Financial Officer, stated this budget is aimed to align with the City's
mission, vision, and values, and with the adopted Strategic Plan. He discussed changes made since
the item was first presented in September, including a full restoration of the original budgets for
Climate Action and Air Quality programming, balancing the homeless coordinator position, and a
scaling back of Conservation Trust Fund funding of parks operations and maintenance. He stated
staff believes this budget maintains critical services and continues investment in infrastructure.
Councilmember Cunniff thanked staff for their work on the budget and stated it does what it needs
to do to keep citizens well-served.
Mayor Troxell commended the work of staff as well.
Mayor Pro Tem Stephens stated she is grateful no crucial core services were cut and she looks
forward to the process for subsequent budgets.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 138, 2020, on Second Reading.
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City of Fort Collins Page 239
RESULT: ORDINANCE NO. 138, 2020 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
15. Items Relating to Electric and Water Rates, Fees and Charges. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 139, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 140, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Rates, Fees, and Charges.
These Ordinances, unanimously adopted on First Reading on November 4, 2020, adjust monthly
charges for both electric and water services in 2021. The revenue requirements to support the 2021
budget require increasing monthly charges for electric service by 3.0%. Additionally, a reduction in
pricing is proposed for the voluntary Green Energy program, reducing the charge per kWh from 1.9
cents per kWh to 1.6 cents per kWh in 2021. A 2% increase for water services is proposed to help
offset mitigation costs related to the Cameron Peak Fire. Upon adoption, both rates would be effective
January 1, 2021.
Councilmember Cunniff stated the need for these increases has been shown and he noted none of
the Utilities are for-profit entities.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 139, 2020, on Second Reading.
Mayor Pro Tem Stephens commented on the importance of rate smoothing that allows for smaller,
more manageable rate increases. She noted there are many options for residents who may be
struggling to pay utility bills.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 140, 2020, on Second Reading.
RESULT: ORDINANCE NO. 139, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
RESULT: ORDINANCE No. 140, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
16. Public Hearing and First Reading of Ordinance No. 145, 2020 Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as
the Timberline Church Rezoning. (Postponed to Date Certain)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
November 17, 2020
City of Fort Collins Page 240
The purpose of this item is to amend the City’s Zoning Map to change the zoning designation for the
Timberline Church Campus from Low Density Mixed-Use Neighborhood (LMN) to Medium Density
Mixed-Use Neighborhood (MMN). The area proposed to be rezoned is approximately 32.79 acres.
The applicant proposes the rezoning to support future infill housing on the site and enable higher
density housing than would be allowed with the current LMN zoning. Additional commercial and
institutional uses may also be proposed. The church has been in discussions with CSU regarding a
potential land swap to construct an attainable housing project. CSU would donate their 4.76 acres on
Timberline Road, and the church will swap 8-10 acres for the CSU property.
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning
may be approved, approved with conditions, or denied by Council after receiving a recommendation
from the Planning and Zoning Board, which voted 6-0 to recommend approval of the request with
condition that the residential density be limited to 20 units per gross acre and that an Overall
Development Plan (ODP) precede or accompany the Project Development Plan (PDP). The purpose
of the condition of approval is to provide a density limit to help achieve a compatible transition with the
surrounding neighborhood because the MMN zone district does not have a maximum density
requirement. Additionally, the ODP would help identify the general design parameters for the property
– including the general location and nature of proposed uses, transportation circulation, open space,
buffers, and drainage features. A traffic study is also required. The ODP is required to be reviewed by
the Planning and Zoning Board and would require at least one neighborhood meeting.
(Secretary's Note: The Council voted earlier in the meeting to postpone consideration of this item
to November 24, 2020.)
RESULT: POSTPONED TO DECEMBER 1, 2020 [UNANIMOUS]
MOVER: Ken Summers, District 3
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• Consideration of a motion to adjourn the City Council meeting to conduct the Board meetings listed
below then return to the regular City Council meeting:
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that Council
adjourn to conduct:
A. General Improvement District No. 1 Board Meeting; and
B. Skyview South General Improvement District No. 15 Board Meeting,
and then return to the regular Council meeting.
(Secretary's Note: The Council adjourned from 11:19 PM until 11:26 PM to conduct the
aforementioned meetings then reconvened.)
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
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City of Fort Collins Page 241
B. Consideration of a motion to authorize the appeal from Landmark Preservation Commission denial
of eligibility of 724 and 726 College Avenue scheduled for December 1, 2020, to proceed using
Remote Technology without the option for in-person participation:
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, that City
Council find that the hearing on the appeal from Landmark Preservation Commission denial of
eligibility of 724 and 726 College Avenue scheduled for December 1, 2020, is pressing and
requires prompt action and further find that virtual technology will provide due process to hear
that matter through sufficient public participation and input, and based upon such findings
authorize a Quasi-Judicial Hearing using Remote Technology by the City Council to proceed in
that matter pursuant to Section 8 of Ordinance No. 079, 2020.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
A. Consideration of a motion to adjourn this meeting to 4:30 p.m. on Tuesday, November 24:
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that Council
adjourn this meeting to 4:30 PM on Tuesday, November 24, for consideration of such business as
may then come before the Council.
City Attorney Daggett noted Council may want to consider adjourning to 6:00 PM.
Mayor Pro Tem Stephens and Councilmember Gutowsky accepted the amendment as friendly.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 11:31 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk