HomeMy WebLinkAboutMINUTES-05/21/2019-RegularCity of Fort Collins Page 144
May 21, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Knoll
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 7, First Reading of Ordinance No. 071, 2019, Approving
the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint
Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado
Regional Airport, includes an amended agreement and the Resolution for Item No. 11, Resolution
2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo Group LLC
for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public
Rights-of-Way, has been amended to add the word “proposed” before “master license agreement”.
He noted Item No. 12, Resolution 2019-063 Authorizing the City Manager to Enter into an
Agreement with the Poudre School District R-1 for the School Resource Officer Program updates
an existing agreement and adds two corporals to the program.
City Manager Atteberry also stated Item No. 17, Resolution 2019-065 Making Board and
Commission Liaison and Council Committee Assignments and Making Appointments to Various
External Boards and Authorities, includes a revised Resolution and noted staff is encouraging
Council to not appoint a City/CSU liaison role at this point pending discussions with the new CSU
president.
PUBLIC COMMENT
Alan Braslau stated his property, a local Fort Collins landmark, was recently placed on the National
Historic Register. He commended intern Kylie Cole on her report and presentation.
Jeremy (no last name given) congratulated the new Councilmembers and encouraged Council to
avoid spraying for mosquitos in the city.
Adam Lovell opposed the use of herbicides in City parks and urged Council to educate itself on
the dangers of herbicides and pesticides. He also requested the City put out a pesticide application
schedule as it does an herbicide schedule.
Mary Elise congratulated the new Councilmembers and encouraged the formation of a more robust
Climate Action Plan and opposed the spraying of pesticides and herbicides in the city.
Thomas Edwards requested the Mayor not use his name prior to him speaking. He stated he
recently moved to a gas heated residence but stated the City has misled the electric ratepayers in
all electric units. He asked when the Spring Creek Trail at Riverside will be completed and
commented on the dangers of Laurel Street.
May 21, 2019
City of Fort Collins Page 145
Jessica MacMillan, Parks and Recreation Board Chair, welcomed the new Councilmembers and
commended the City staff in the Parks and Recreation areas.
PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff asked how cars parked in bike lanes, such as those on Laurel Street, are
addressed. City Manager Atteberry replied he would discuss that with staff and provide a follow-
up memo.
Councilmember Cunniff stated he will be looking into the pesticide concerns and asked if a weekly
pesticide schedule could be provided to the public. City Manager Atteberry replied that
information is well tracked and could likely be provided to the public. He noted Mike Calhoon
and his staff are attempting to reduce the use of herbicides and pesticides and he could provide a
report for Council. He also stated Council will be receiving a reminder on the City's West Nile
policy and practices this week.
CONSENT CALENDAR
Mayor Troxell noted Item Nos. 8, First Reading of Ordinance No. 072, 2019, Designating the
Kamal/Livingston Property, 608 West Laurel Street, Fort Collins, Colorado, as a Fort Collins
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, and 9, First Reading of
Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221-229 West
Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins, are public hearings.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky to adopt and
approve all items on the Consent Agenda as amended in the packet.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, Councilmember
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Second Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural
Areas Programming Not Included in the 2019 Adopted City Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 7, 2019, appropriates $10,215,000 in
prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations
are for land conservation and restoration of wildlife habitat, as well as other Natural Areas
Department programs to benefit the citizens of Fort Collins.
2. Second Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way
East of Shields Street. (Adopted)
This Ordinance, unanimously adopted on First Reading on May 7, 2019, vacates a portion of the
Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek
development plan. Young’s Creek would have extended Hobbit Street from its current termination
north into its development but was never constructed and has since expired. With the approval of the
May 21, 2019
City of Fort Collins Page 146
Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit
Street (which is not being vacated) will be terminated into a cul-de-sac at its current location.
3. First Reading of Ordinance No. 066, 2019, Making Appropriations for a Federal Lobbying
Contract Related to Regulation of Train Horn Noise. (Adopted)
The purpose of this item is to appropriate $49,000 in order to enter into a lobbying contract with Squire
Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown
Fort Collins. The City will enter into the lobbying contract without competition as permitted by Section
8-161(d)(1) of the City Code.
4. First Reading of Ordinance No. 067, 2019, Appropriating Unanticipated Revenue and
Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update
the Parks and Recreation Policy Plan. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors
Colorado (GOCO) to update the Parks and Recreation Policy Plan. The existing Parks and Recreation
Policy Plan, dated October 2008, requires periodic updating to reflect current conditions and address
ongoing challenges of the Parks, Recreation, and Park Planning and Development departments. A
GOCO Planning Grant application was submitted in November 2018 to supplement project funding.
GOCO released notification of a $75,000 grant award for the project in March 2019. A grant agreement
to accept the grant award is pending, and a resolution authorizing the City Manager to sign the
agreement will accompany this Ordinance on Second Reading.
5. First Reading of Ordinance No. 068, 2019, Amending Section 23-194 of the Code of the City of
Fort Collins Regarding Natural Areas Permits. (Adopted)
The purpose of this item is to modify Chapter 23, Section 194(b) of the City Code increasing the time
for the Natural Areas Director to review Special Use and Commercial Use permit requests from five
business days to fifteen business days.
6. Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services.
(Adopted)
A. First Reading of Ordinance No. 069, 2019, Amending Section 26-491 of the Code of the City of
Fort Collins to Add and Revise Definitions Related to the City’s Stormwater System.
B. First Reading of Ordinance No. 070, 2019, Amending Section 26-391 of the Code of the City of
Fort Collins to Add and Revise Definitions Related to the City’s Municipal Electric Utility System.
The purpose of this item is to make revisions, clarifications and additions to update definitions in City
Code Chapter 26 pertaining to Stormwater and Electric Utility Services.
7. First Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended
and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-
Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. (Adopted)
The purpose of this item is to stagger the terms of the citizen members appointed to the Northern
Colorado Regional Airport Commission. The current adopted Amended and Restated
Intergovernmental Agreement states that appointed citizen members’ terms expire at the same time
for all three of the appointed citizen members.
May 21, 2019
City of Fort Collins Page 147
8. First Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608
West Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston
Property, 608 West Laurel Street, for its early mid-century vernacular architecture with Colonial Revival
details. This is a voluntary designation at the property owner’s request. The Landmark Preservation
Commission unanimously recommends approving this landmark designation.
9. First Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221-
229 West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to consider the request for landmark designation of the Alfred Parker
Duplexes I and II, 221-229 West Mulberry Street, as rare examples of twin American Foursquare
duplex architecture. This is a voluntary designation at the property owner’s request. The Landmark
Preservation Commission unanimously recommends approving this landmark designation.
10. Resolution 2019-060 Authorizing the City Manager to Sign a Master Lease Agreement with
Smartlink for AT&T Small Wireless Communication Equipment Attachments on City Facilities
in Public Rights of Way (Adopted)
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement
with Smartlink, working on behalf of AT&T, concerning the use of the City's infrastructure and rights-
of-way for small cellular equipment and associated uses.
11. Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo
Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities
in Public Rights-of-Way. (Adopted)
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement
with Zayo, working on behalf of Sprint, concerning the use of the City's infrastructure and rights-of-way
for small cellular equipment and associated uses.
12. Resolution 2019-063 Authorizing the City Manager to Enter into an Agreement with the Poudre
School District R-1 for the School Resource Officer Program. (Adopted)
The purpose of this item is to authorize the City Manager to enter into an Intergovernmental Agreement
(IGA) between the Poudre School District R-1 (District) and the City of Fort Collins, on behalf of Fort
Collins Police Services (FCPS) which updates, replaces and supersedes the previous IGA and
continues the School Resource Officer (SRO) Program.
13. Resolution 2019-062 Appointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
(Adopted)
The purpose of this item is to appoint Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort
Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court
for two (2) year terms. Chief Judge Kathleen M. Lane recommends that Ms. Nieto be appointed as a
May 21, 2019
City of Fort Collins Page 148
second Assistant Municipal Judge, to serve in the absence of the Chief Judge and Assistant Judge
Teresa Ablao.
14. Resolution 2019-064 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions. (Adopted)
The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions
to clarify various public hearing processes and provide an option for adoption of the Consent Calendar
if 4 or more items are pulled.
END CONSENT
STAFF REPORTS
A. School Resource Officer Program. (staff: Jeff Swoboda)
Police Chief Swoboda provided a brief overview of the School Resource Officer (SRO) program.
Sergeant Laura Lunsford stated there are currently 11 SROs and one sergeant covering 38 schools
and 25,000 students. The three goals of the program are to provide a safe learning environment,
have school/law enforcement collaboration, and improve relationships between students, staff and
law enforcement. SROs serve teacher and informal counselor roles as well as the law enforcement
role.
Lunsford detailed active shooter training for officers and discussed the training provided to school
staff. Two Corporal positions will be added in the 2019-2020 school year.
Councilmember Summers asked how the school training program has been developed. Lunsford
replied the standard response protocol is currently being used; it teaches “run, hide, fight”.
Mayor Pro Tem Stephens commended the work of the program.
Councilmember Gorgol thanked Lunsford for her work and commended involving students. She
asked if other similarly sized districts have more staff available for this program. Lunsford replied
it varies from area to area, but Fort Collins is on par with most other communities.
Councilmember Gutowsky expressed appreciation for the relationships being formed as a result of
the program. She noted those relationships carry into the community as children grow older.
Councilmember Cunniff requested additional information regarding the non-law enforcement
roles of the SROs. Lunsford replied a strong match between the schools and the SRO is desired
during SRO placement and strong relationships are formed.
Mayor Troxell commended the presentation and program.
COUNCILMEMBER REPORTS
Councilmember Summers reported on the Lesher Bike to School Day and a day he spent teaching
at Fort Collins High School.
May 21, 2019
City of Fort Collins Page 149
Mayor Pro Tem Stephens reported on the Women's Commission breakfast for board and
commission members. She also reported on the Northern Colorado Law Enforcement Training
Center groundbreaking and the five-year MAX anniversary.
Councilmember Pignataro reported on the MAX anniversary, City Works 101 graduation, and
Water Literate Leaders of Northern Colorado class.
Councilmember Gutowsky reported on the five-year MAX anniversary, Homeless Forum, and
Community Equity Consortium.
Mayor Troxell reported on the Kids in the Park day at Twin Silo Park, the CM Cares presentations
as part of CSU's construction management program, and the recognition of the City by Housing
Catalyst at the opening of the Village on Horsetooth.
DISCUSSION ITEMS
15. Resolution 2019-066 Adopting of FoCo Creates Arts and Culture Master Plan. (Adopted as
Amended)
The purpose of this item is to request adoption of the FoCo Creates Arts and Culture Master Plan.
FoCo Creates Arts and Culture Master Plan is a 10-year plan illustrating the community’s vision for
the future of the arts, culture and creative sector and providing policy and implementation
recommendations.
Kelly DiMartino, Senior Assistant City Manager, discussed the new FoCo Creates Arts and
Culture Master Plan, stating it is a ten-year plan for the city's arts, culture, and creative sectors.
Jim McDonald, Cultural Services Director, stated this plan provides policy and implementation
recommendations. He discussed the process of the plan formation and its vision statement which
focuses on equity and inclusivity, diversity of cultural offerings, comprehensive cultural efforts,
and experience with the arts throughout the daily lives of citizens.
Brian Hughes, Open Stage Theatre and Fort Collins Performing Arts Consortium, supported
adoption of the Master Plan.
Cynthia Eichler, Visit Fort Collins, supported adoption of the Master Plan.
Peggy Lyle, Downtown Fort Collins Creative District, supported adoption of the Master Plan.
Mary Kopco, Fort Collins Symphony, supported adoption of the Master Plan.
Kit Baker supported adoption of the Master Plan and the hiring of a new Community Programs
Manager.
Councilmember Summers commended McDonald on his work on the Plan.
Councilmember Pignataro commended the work on the Plan and asked if hiring the Creative
Director position is part of this Plan. McDonald replied that is a recommendation within the Plan
but is not part of the adoption of the Plan, which includes no financial ties as it is only policy.
Councilmember Gutowsky commended the Plan.
May 21, 2019
City of Fort Collins Page 150
Councilmember Cunniff commended the community members on their participation in the process
and stated he supports most of the Plan. He expressed concern about including a specific mention
of using sales tax as a source of ongoing funding and suggested language replacing “incentivize”
with “partner with”. He also requested an additional language change related to identifying
opportunities rather than barriers.
Councilmembers discussed the wording changes.
McDonald discussed the proposed language changes noting the overall goal is enhancement and
the elimination of barriers to culture and the arts.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-066, as amended to include Councilmember Cunniff's suggestions.
Mayor Pro Tem Stephens supported the proposed language changes and commended the Plan.
Councilmember Cunniff thanked Council for considering his changes and commended the Plan's
framework.
Mayor Troxell commended the Plan and stated he would support its adoption enthusiastically.
City Attorney Daggett reviewed the proposed language changes.
RESULT: RESOLUTION 2019-066 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
16. First Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in
Public Places. (Adopted on First Reading)
The purpose of this item is to appropriate $9.1M of Transportation Capital Expansion Fee (TCEF) and
Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection
Improvements Project. In addition, this item will authorize the transfer of $91,000, one percent of the
appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art
in Public Places.
The overall project cost, including design, property acquisition, and construction, is estimated at
$23.3M. The City has previously appropriated $3.7M, and this appropriation would add $9.1M to the
project. The remaining funding needed for the project is $10.5M in 2019 dollars.
Chad Crager, City Engineer, stated this item is a request for appropriation for the next phase of the
Vine/Lemay realignment project, which is the number one transportation capital improvement
project for the City. This appropriation will allow the project to be completed more quickly and
at an overall lower cost.
Tim Kemp, Engineering Capital Projects Program Manager, stated this is an appropriation of $9.1
million of transportation capital expansion fee reserves which have previously been collected
through development impact fees and must be spent on transportation improvements that add
capacity to the network. Kemp showed photos of the area and discussed the issues with train
May 21, 2019
City of Fort Collins Page 151
blockages and associated traffic delays. He noted these delays have a negative impact on mobility,
air quality, and historic character of the area communities.
Kemp detailed the proposed project and phasing plan, noting this appropriation will allow the
project to be completed one year sooner and completing another portion of the work at today's
dollars would be a benefit. The Council Finance Committee considered this item and supported it
being brought before the full Council for consideration.
Mayor Pro Tem Stephens asked how the design is being sensitive to the historic neighborhoods,
particularly the bridge aspect. Kemp replied early public outreach efforts have shown residents
would like a softer heavily planted side slope and stated ongoing conversations will be occurring
with residents.
Mayor Pro Tem Stephens requested staff provide simulations from neighboring properties for
those owners.
Councilmember Pignataro commended the idea of the project getting done earlier at a lower cost.
Councilmember Cunniff asked about the estimate of cost savings. Crager replied it is about three
to five percent, depending on the year the final funding becomes available.
Councilmember Cunniff suggested acoustic modeling of the train horns with this structure in place.
Mayor Troxell asked if the grade separation would eliminate the need for the train horn altogether.
Kemp replied that while the grade separation would be new, the existing Vine/Lemay intersection
would be open necessitating a train horn at that crossing. He stated there is a possibility of
implementing a quiet zone in the area.
Mayor Troxell asked what is envisioned at the Suniga intersections. Kemp replied the intersection
at realigned Lemay and Suniga would be the new major intersection replacing the existing Vine
and Lemay and Suniga will intersect with old Lemay as part of a potential new development
project.
Councilmember Cunniff asked about restricting truck traffic on the old Lemay. City Manager
Atteberry replied it will be a local street and any necessary measures will be taken to ensure that
occurs. Joe Olson, City Traffic Engineer, replied local streets discourage truck traffic and it will
be designed as such.
Councilmember Gorgol asked about the main concerns heard from neighbors. Kemp replied most
individuals are just curious about the completion of the project and design of 9th Street.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 074, 2019, on First Reading.
Councilmember Cunniff stated he would support this as it is a good use of the capital expansion
fee.
Mayor Troxell stated he would support the motion and commended Mayor Pro Tem Stephens' idea
about providing simulated perspectives for neighboring properties.
May 21, 2019
City of Fort Collins Page 152
City Manager Atteberry committed that staff will continue to report back to Council on project
financing as well as community outreach.
Councilmember Gutowsky asked about the timeline for the completion of Sugar Beet Park versus
the completion of the roadway. Crager replied the park will be completed prior to the realigned
Lemay project.
City Manger Atteberry stated the soonest the Lemay project would be funded, unless Council opted
for a process outside the normal budgeting process, would be in the 2021-2022 budget.
RESULT: ORDINANCE NO. 074, 2019 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
17. Resolution 2019-065 Making Board and Commission Liaison and Council Committee
Assignments and Making Appointments to Various External Boards and Authorities. (Adopted)
The purpose of this item is to make Councilmember liaison assignments to City boards and
commissions and to Council Committees and to make appointments to external boards and authorities
on behalf of the City.
Councilmember Cunniff suggested he and Councilmember Summers be appointed to the CML
Policy Committee.
Councilmember Pignataro suggested Councilmember Gorgol be the new Women's Commission
liaison.
Councilmember Gorgol stated she would be interested in being the liaison for either the Poudre
Heritage Alliance or Poudre Fire Authority.
Councilmember Summers stated he would like to remain on the Poudre Fire Authority Board but
would be willing to give up other liaison roles.
Councilmember Pignataro stated she would give her Poudre School District liaison role to
Councilmember Gorgol.
Mayor Pro Tem Stephens suggested Councilmember Gorgol could be an alternate for the Larimer
County Behavioral Health Policy Council.
City Attorney Daggett reviewed the assignments as discussed.
Mayor Pro Tem Stephens offered Councilmember Gorgol the Human Relations Commission
liaison role.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-065 as amended.
May 21, 2019
City of Fort Collins Page 153
RESULT: RESOLUTION 2019-065 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
OTHER BUSINESS
Councilmember Cunniff requested and received Council support to begin further dialogue around
community comment with respect to zoning change requests and development review. He would
like an understanding of cities that allow citizen feedback via email or other means compared to
how many cases have been successfully litigated and overturned.
City Attorney Daggett stated there may not be enough of a body of case law to provide much of a
pattern; however, staff can research the issue and return to Council with that information.
Councilmember Pignataro requested information about public outreach related to avoiding
mosquito breeding areas as part of the mosquito spraying memo.
A. Consideration of a motion to go into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City
Council go into executive session for the purpose of meeting with the City’s Attorneys and City
Management Staff to discuss the following matters as permitted under City Charter Article II,
Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-
402(4)(b):
1. Specific legal questions related to pending litigation regarding the City’s Public Nudity
Ordinance; and
2. The manner in which particular policies, practices or regulations of the City related to
public nudity may be affected by existing or proposed provisions of federal, state or local
law; and
3. Specific legal questions related to pending litigation regarding the City’s approval of a
minor amendment authorizing the Mennonite Fellowship external locker facility; and
4. The manner in which particular policies, practices or regulations of the City related to the
Mennonite Fellowship external locker facility may be affected by existing or proposed
provisions of federal, state or local law.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, Councilmember
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
18. Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the
City’s Public Nudity Ordinance. (Adopted)
The purpose of this item is for Council to provide possible direction to the City Attorney on the next
steps she should take related to pending litigation challenging the City’s public nudity ordinance.
May 21, 2019
City of Fort Collins Page 154
Rich Stave discussed the U.S. and State constitutions and citizen values addressing freedom,
liberty, fairness, openness, equality, choice, alignment, quality of life, creativity, safety, business,
discrimination, accuracy, and retribution. He discussed public nudity related to these factors.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to direct the City
Attorney to negotiate with the plaintiff's attorneys in the case of FTN versus City of Fort Collins
in order to pursue potential settlement of the matter and report back to Council on the outcome of
those negotiations while continuing to take such steps as the City Attorney determines are
necessary to preserve the City's ability to appeal the United States 10th Circuit Court of Appeals
decision in this case to the United States Supreme Court.
Mayor Troxell stated he would oppose the motion as previous Councils have taken a stand in good
faith regarding the ordinance that was adopted. He stated he would prefer the U.S. Supreme Court
review.
Councilmember Cunniff stated he would support the motion as there are other options available to
protect the public interest.
Mayor Pro Tem Stephens stated it is not in the interest of the City to continue with this litigation.
Councilmember Gutowsky stated she would oppose the motion stating it is in the City's best
interest to protect the original ordinance.
Councilmember Summers stated he would oppose the motion and concurred with Councilmember
Gutowsky. He stated this is no longer just a Fort Collins issue and stated the ruling of the 10th
Circuit Court is an anomaly from other District Courts around the country.
Councilmember Gorgol stated she would support the motion as this is an equality issue.
Councilmember Pignataro stated she would support the motion.
RESULT: ADOPTED [4 TO 3]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Stephens, Cunniff
NAYS: Gutowsky, Summers, Troxell