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Item # 1 Page 1
AGENDA ITEM SUMMARY August 20, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 2 and July 16, 2019 Regular Council Meetings and the
July 30, 2019 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the July 2 and July 16, 2019 Regular Council meetings
and the July 30, 2019 Special Council meeting.
ATTACHMENTS
1. July 2, 2019 (PDF)
2. July 16, 2019 (PDF)
3. July 30, 2019 (PDF)
City of Fort Collins Page 169
July 2, 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, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Stacy Lynne discussed the City's biohazard liability risk at public restrooms. She also mentioned
a lawsuit involving a City employee.
Martin Bates encouraged Council to consider adopting a climate emergency resolution.
Don Butler discussed north Fort Collins and its residents and opposed a proposed homeless shelter
in the area.
Elizabeth Hudetz discussed the Fort Collins Sustainability Group's goals and encouraged Council
to consider adopting a climate emergency resolution.
Bill Greenlee requested the City slow down in considering a homeless shelter on North College.
Joel Nevison encouraged Council to consider adopting a climate emergency resolution.
Kathryn Dubiel stated the City's development review newsletter has ceased being distributed, the
website link to “this week in development review” has not been updated, and the updated Council
agenda was not posted on the website.
Liz Tufte encouraged Council to consider adopting a climate emergency resolution and mandate
indigenous representation in all planning committees.
William Kutcher encouraged Council to work toward finding affordable childcare options.
Jamie Stein encouraged Council to consider adopting a climate emergency resolution.
E. Donavon Falzel encouraged Council to consider adopting a climate emergency resolution.
Viviana Montalvo encouraged Council to consider adopting a climate emergency resolution and
accept leadership from indigenous individuals on the Climate Action Plan committee.
Shirley Mancancannon encouraged Council to consider adopting a climate emergency resolution
and include representation and input from indigenous individuals.
July 2, 2019
City of Fort Collins Page 170
Jeremy (no last name given) encouraged Council to consider adopting a climate emergency
resolution and include representation and input from indigenous individuals.
Chester McQueary encouraged Council to consider adopting a climate emergency resolution.
Adam Lovell encouraged Council to consider adopting a climate emergency resolution and to hire
indigenous individuals to provide input on all environmentally-related decisions.
Paul Patterson commended the City for working with other public agencies to complete the North
College Avenue sidewalks and thanked the City for moving the publicly-available mulch to the
recycling facility.
Nick (no last name given) encouraged Council to consider adopting a climate emergency
resolution.
Josh Beard opposed a proposed homeless shelter on North College Avenue.
Maggie (no last name given) encouraged Council to declare a climate emergency and noted the
climate directly affects the economy.
Leeann Sullivan encouraged Council to consider adopting a climate emergency resolution.
Zach Heath encouraged Council to consider adopting a climate emergency resolution.
Dennis Nader opposed a proposed homeless shelter on North College Avenue, stating relocation
will not solve the problem.
Will Risheill encouraged Council to consider adopting a climate emergency resolution and
encouraged Council to seek outside guidance.
Tom Rhodes, Sierra Club Poudre Canyon Group Chair, encouraged Council to consider adopting
a climate emergency resolution.
Nick Francis, Fort Collins Partners in Climate Action, encouraged Council to set minimum
standards for energy efficiency and affordable housing in metro districts and supported adoption
of the climate emergency resolution.
Mary Elise Delphs stated declaring a climate emergency is long overdue and encouraged adoption
of the climate emergency resolution.
Susan McFadden encouraged Council to adopt the Partners in Climate Action goals for affordable
housing and energy efficiency for metro districts.
Charlie Masserlian opposed a proposed homeless shelter on North College Avenue.
Kevin Cross stated it was a major oversight to not include input from indigenous individuals in the
development of the Climate Action Plan and encouraged Council to direct staff to include
representatives of indigenous communities on the advisory committee.
Debra James discussed her time being homeless and stated homeless residents need safe places to
exist and clean restrooms to use.
July 2, 2019
City of Fort Collins Page 171
Nancy York encouraged Council to step up the Climate Action Plan goals and include indigenous
communities in the committees. She also urged Council to provide leadership regarding the
climate emergency.
Kate Weimer urged Council to declare a climate emergency.
Daryll Kettles opposed a proposed homeless shelter on North College Avenue.
Diggs Brown, Veterans' Plaza of Northern Colorado founder, discussed the features of Veterans'
Plaza and thanked the City for its support.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments noting Council will not be taking action on a
climate emergency resolution this evening and there is no proposal for a homeless shelter on North
College Avenue at this time.
Councilmember Pignataro thanked the speakers and requested Josh Birks look at the memo
provided regarding metro district requirements.
Councilmember Gorgol thanked the speakers and noted affordable childcare options are among
Council's priorities. She requested an update on the proposed homeless shelter and next steps for
community engagement. City Manager Atteberry replied there have been conversations about the
shelter location. Jackie Kozak-Thiel, Chief Sustainability Officer, replied Council will receive a
high-level overview in its Thursday packet and will receive a process outline in the coming weeks.
City Manager Atteberry committed to a robust process on the issue.
Councilmember Summers asked if Council will have a work session on the overall concept of a
new homeless center. City Manager Atteberry replied in the affirmative.
Councilmember Summers commented on the need for community action in terms of climate issues
and noted the City does prioritize the issue.
Mayor Pro Tem Stephens asked how the restroom issues are being addressed. City Manager
Atteberry stated staff is examining options for additional cleaning.
Mayor Pro Tem Stephens asked if sharps containers are available in those restrooms. City
Manager Atteberry replied he would look into the issue.
Mayor Pro Tem Stephens also noted affordable childcare is one of Council's priorities and
requested an update on sidewalk repair and construction. She thanked Ms. York for her climate-
related suggestions such as “bus to work month” and commended the Veterans' Plaza space.
Councilmember Cunniff stated there may be a need for a community conversation around
consolidated services for homeless residents and possible ways that need can be addressed.
Councilmember Gutowsky noted there will be a great deal of public outreach about changes to
consolidated services for the homeless.
July 2, 2019
City of Fort Collins Page 172
Councilmember Summers thanked Mr. Brown for his comments on Veteran' Plaza and stated it is
a project worthy of ongoing community support.
Mayor Troxell thanked the speakers.
• CONSENT CALENDAR
Mayor Troxell noted Item No. 9, First Reading of Ordinance No. 088, 2019, Designating the
Maneval/Mason/Sauer Property, 100 1st Street, Fort Collins, Colorado, as a Fort Collins
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, involves a public
hearing.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the June 4, 2019 Regular Council Meeting.
(Adopted)
The purpose of this item is to consider and approve the minutes from the June 4, 2019 regular Council
meeting.
2. Second Reading of Ordinance No. 075, 2019, Making Appropriations and Authorizing Transfers
of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and
Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 4, 2019, appropriates additional
funding for the Drake Water Reclamation Facility (DWRF) Sidestream Treatment Project. This request
is necessary to complete the permit-required project within the required timeframe to meet DWRF’s
National Pollution Discharge Elimination System (NPDES) phosphorus compliance schedule deadline
of December 31, 2020. Successful operation of this infrastructure will also earn regulatory credits to
delay future capital project expenses by upwards of 10 years.
3. Second Reading of Ordinance No. 076, 2019, Approving, Affirming and Ratifying Funding of
the Non-City Share of the NECCO Project by Offering to Owners and Developers of Property
Within the NECCO Area a Proportionate Buy-In to Connect to the NECCO Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 4, 2019, adopts the cost share
concept whereby development and redevelopment draining into the Northeast College Corridor Outfall
(NECCO) stormwater system are required to pay their proportional cost share of the NECCO
improvements if they choose to use the NECCO system in lieu of constructing separate stormwater
facilities. The NECCO stormwater system (or NECCO Project) was designed to provide an adequate
stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate
existing drainage problems and to facilitate development and redevelopment in the area.
July 2, 2019
City of Fort Collins Page 173
4. Second Reading of Ordinance No. 079, 2019, Authorizing Execution of a Deed of Dedication to
the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City
of Loveland Property at the Northern Colorado Regional Airport. (Adopted)
The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell
Avenue across jointly owned Airport property. In connection with development of real property
adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current
terminus over and across a portion of the jointly owned Airport property, requiring dedication of
approximately 1.3 acres for right-of-way purposes. The cost of constructing approximately 700 feet of
the anticipated future extension will be borne by the developer of the adjacent property, with no
financial contribution by the Airport.
5. Items Relating to Regulating Electric Scooters. (Adopted)
A. Second Reading of Ordinance No. 082, 2019, Amending the Fort Collins Traffic Code Relating to
Electric Scooters.
B. Second Reading of Ordinance No. 083, 2019, Amending Chapter 24 of the Code of the City of
Fort Collins Relating to Parking of Electric Scooters.
These Ordinances, unanimously adopted on First Reading on June 4, 2019, amend the Traffic Code
and City Code relating to the regulation of the operation and parking of electric scooters. These
amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with
three exceptions) and adds a definition of electric scooter that is consistent with HB 19-1221 and
regulates the parking of electric scooters.
6. First Reading of Ordinance No. 084, 2019, Appropriating Unanticipated Grant Revenues From
Bloomberg Philanthropies and Authorizing Transfers of Appropriations in the Light and Power
Fund for Residential Efficiency Project Loans. (Adopted)
The purpose of this item is to appropriate $193,650 of $682,000 in grant award revenues from
Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities
Light and Power fund and Economic Health Office for the purposes of ongoing project management
and operations of Epic Homes and a sub-grant to Colorado State University for indoor air quality
research. The remaining $488,350 of the 2019 balance of funds will be appropriated for Epic Loan
capital in alignment with pending third-party capital agreements.
7. Items Relating to Various Amendments to the City of Fort Collins Land Use Code. (Adopted)
A. First Reading of Ordinance No. 077, 2019, Making Various Amendments to the City of Fort Collins
Land Use Code.
B. First Reading of Ordinance No. 078, 2019, Amending the City of Fort Collins Land Use Code
Regarding Community Development and Neighborhood Services Director Variances to Certain
Land Use Code Standards.
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally routine in nature that have been identified since the last update in February
2019. The proposed change to allow the Community Development and Neighborhood Services
Director to process certain variances is presented as a separate ordinance because the change is not
necessarily routine in nature and would allow the Director to process certain variances currently
reviewed by the Zoning Board of Appeals.
8. Items Related to Sales Tax Code Updates. (Adopted)
A. First Reading of Ordinance No. 085, 2019, Amending Article XVIII of Chapter 15 of the Code of
the City of Fort Collins Relating to Short-Term Rental Licenses.
July 2, 2019
City of Fort Collins Page 174
B. First Reading of Ordinance No. 086, 2019, Amending Article II of Chapter 25 of the Code of the
City of Fort Collins Relating to the City’s Tax Rebate Programs.
C. First Reading of Ordinance No. 087, 2019, Amending Article III of Chapter 25 of the Code of the
City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and
Use Taxes.
The purpose of this item is to amend City Code sections in Chapter 15 and 25 to provide clarification
for definitions and the application of various sections of the Code.
9. First Reading of Ordinance No. 088, 2019, Designating the Maneval/Mason/Sauer Property, 100
1st 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 2019-064.
The purpose of this item is to consider the request for landmark designation of the
Maneval/Mason/Sauer Property, 100 1st Street. This is a voluntary designation at the property owner’s
request. The Landmark Preservation Commission unanimously recommends approving this landmark
designation.
10. Resolution 2019-075 Approving the 2019 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2019 property taxes payable in 2020 to the City and to all other affected taxing
entities.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff commented on Item No. 5, Items Relating to Regulating Electric
Scooters, noting the ordinances specifically prohibit the use of electric scooters on trails.
Mayor Pro Tem Stephens noted Item No. 6, First Reading of Ordinance No. 084, 2019,
Appropriating Unanticipated Grant Revenues From Bloomberg Philanthropies and Authorizing
Transfers of Appropriations in the Light and Power Fund for Residential Efficiency Project Loans,
is a good news item that will help advance the Climate Action Plan.
Mayor Troxell also commented on Item No. 6 noting it is related to thermal energy.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on a cycling and adaptive recreation event at the Northside
Atzlan Center.
Mayor Pro Tem Stephens reported on the Colorado Municipal League conference in Breckenridge
and stated Mayor Troxell received a lifetime achievement award for his service to the League. She
July 2, 2019
City of Fort Collins Page 175
also reported on the National League of Cities Leadership Conference and the Larimer County
transportation funding regional taskforce committee meeting during which the possibility of a ¼
cent sales tax measure for transportation funding was discussed.
Councilmember Pignataro announced a listening session Saturday at the Foothills Activity Center
and reported on a women-owned business listening session and the annual statewide conference
for the Colorado Foundation for Universal Healthcare.
Councilmember Gorgol reported on the recent Open Streets event, Bike to Work Day, and a forum
with the Board of Realtors about affordable housing options.
Councilmember Gutowsky discussed a meeting with a delegation from Portugal related to
sustainability challenges.
Mayor Troxell reported on the Colorado Municipal League conference and stated Fort Collins is
frequently recognized for its leadership in a number of areas. He also reported on the National
League of Cities conference.
Councilmember Gutowsky reported on a La Familia listening session.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
11. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the
Sunshine House at Bucking Horse Major Amendment (MJA#190001). (Planning and Zoning
Board Decision Upheld)
The purpose of this item is to consider an appeal of the Planning and Zoning Board Decision on April
18, 2019, approving the Sunshine House at Bucking Horse Major Amendment, MJA#190001. The
appeal was filed on May 2, 2019.
The appellant has raised the following issues on appeal:
A. Whether the Planning and Zoning Board failed to conduct a fair hearing because it:
1. Considered evidence relevant to its findings that was substantially false or grossly misleading;
2. Improperly failed to receive all relevant evidence offered by the appellant; and/or
3. Was biased against the appellant by reason of a conflict of interest or other close business,
personal or social relationship that interfered with the Board’s independence of judgment.
B. Whether the Planning and Zoning Board failed to properly interpret and apply relevant provisions
of the City Code, Land Use Code, and Charter, including the following Code sections:
1. City Code Section 10-81-Specific standards for Poudre River five-hundred-year floodplain and
zone x shaded areas;
2. Land Use Code Sections 1.2.2(M) – Purpose, and 5.1.2 - Definitions; and
3. Land Use Code Section 4.2.B(3)(c)1 - Urban Estate Zone District Permitted Uses, 1.2.2(M) –
Purpose, and 5.1.2 – Definitions.
Mayor Troxell discussed the quasi-judicial role of Council in this hearing.
City Attorney Daggett reviewed the appeal process and allegations and defined the parties-in-
interest.
July 2, 2019
City of Fort Collins Page 176
Tom Leeson, Community Development and Neighborhood Services Director, discussed the
proposed project and the appeal allegations.
Mayor Troxell asked Councilmembers to disclose any potential conflicts of interest.
Councilmember Cunniff disclosed the fact that a former Planning and Zoning Boardmember
contacted him about the possibility of providing testimony; however, he did not respond to the text
and does not believe the receipt of the text will affect his ability to fairly judge the facts of the
case.
Mayor Troxell noted he attended a Planning and Zoning Board work session along with former
Councilmember Martinez at the request of the Leadership Planning Team to remind the Planning
and Zoning Board of their responsibility to look specifically at the Land Use Code in its
consideration of items. He stated that experience will not affect his ability to fairly judge the
appeal.
Mayor Troxell noted no official site visit occurred and no Councilmembers disclosed any visit to
the site.
Councilmember Cunniff noted the applicant was briefly present at a Council farewell event for
outgoing Councilmembers.
Parties-in-interest supporting the appeal and opposing the appeal identified themselves.
Mayor Troxell outlined the time allotments for presentations and rebuttals and asked for procedural
issues to be discussed.
Rachel Smith, party-in-interest, asked why a Planning and Zoning Boardmember was told he could
not speak. City Attorney Daggett replied the Code clearly outlines who can be a party-in-interest
and members of the Board that made the decision that is being appealed are not included as parties-
in-interest. She noted attorneys are allowed to represent parties-in-interest.
Lucia Liley, attorney for the applicant, stated the appellant's presentation contains some new slides
that would be considered new evidence; however, she did not object to the inclusion of that
evidence.
APPELLANT PRESENTATION
Arnold Robinson, appellant, stated the site of the proposed day care is in a FEMA floodplain.
Rachel Smith stated this project is a blatant bait and switch that significantly changes the character
of the neighborhood and will result in a loss of property value for residents and an increase in
nuisances such as traffic and noise. The appellants also believe the decisions made were
procedurally biased and building in a FEMA floodzone and within the required buffer for a sewage
plant puts children at risk.
Ms. Smith discussed the original plan for the site of a working farm and noted the lots bordering
the farm were being sold at a $100,000 premium. She argued the majority of the homes sold in
Bucking Horse Estates were done so under false pretenses as Gino Campana had been working
with Sunshine House since 2017.
July 2, 2019
City of Fort Collins Page 177
Sam Jeng stated the appellants feel there was a lack of due process for the flood zone variance
approved by the Water Board. Members of the Water Board referred to the project as being “fast
tracked” and noted no public notifications were sent out for the Water Board meeting.
Mr. Jeng also stated appellants are concerned about the approval of the alternative compliance plan
for a habitable structure to be less than 1,000 feet from the wastewater treatment facility.
Ms. Liley objected to the considerable discussion about the waiver from the sewer facility buffer,
which is not present in the appeal.
Mr. Robinson stated it was addressed on the final page relating to concerns about variances and
waivers.
Ms. Liley stated the concerns about the FEMA floodplain included specific Code citations and
descriptions and there was no specific information about the sewer facility buffer waiver.
Mayor Troxell requested the appellants cite specific items within the Land Use Code for the
balance of their presentation.
Mr. Jeng stated the issue was raised extensively at the Planning and Zoning Board meeting.
City Attorney Daggett stated it has been noted for the record that this line of argument is outside
the scope of the notice of appeal; however, the appellants may continue to use their time to discuss
the issue.
Mr. Jeng questioned whether the proposed mitigation measures related to the sewer facility buffer
are sound and sufficient despite being listed in the Code. He thanked Council for being willing to
hear the concerns of citizens.
Mr. Robinson requested permission to read a letter from a member of the Planning and Zoning
Board.
Ms. Liley stated she has not seen the letter nor was it submitted in the packet as required. She
stated she does not believe the evidence is permissible.
Mayor Troxell requested the appellants put any evidence in the form of an argument.
Mr. Arnold stated the letter is in support of the appeal and asserts the hearing process was flawed
as the presence of Mayor Troxell and then Councilmember Martinez at the Planning and Zoning
Board work session could have been perceived as an attempt to influence the outcome of the major
amendment. Mr. Arnold noted the Boardmember who wrote the letter submitted a formal
complaint to the Human Resources Department and nothing has come of that complaint.
APPLICANT PRESENTATION
Ms. Liley reviewed the history of the Bucking Horse neighborhood noting the working farm was
originally approved through the addition of a permitted use process. She stated Mr. Campana, the
developer, went through many steps to make the farm a reality, including site work and the
installation of a shared parking lot. She stated it then became apparent that the cost to the
neighborhood through HOA fees to operate the farm would be unmanageable in the long term.
July 2, 2019
City of Fort Collins Page 178
Ms. Liley reviewed the proposed day care project noting the closest property line is 134 feet away.
She discussed the floodplain issues and Water Board approval of the variance, which was not
appealed and is not subject to further review.
Ms. Liley stated there is no Land Use Code prohibition against changing the character of a project
through a major amendment, which is exactly the process the Land Use Code outlines for a project
change which could be considered a change in character. She stated this change of use to a day
care use meets the relevant Article 3 and 4 Land Use Code standards as shown by the record.
Ms. Liley noted the Planning and Zoning Board's decision must be based on the Land Use Code
and stated the appellant cited no evidence that the proposed major amendment failed to meet any
relevant standard. She discussed Mayor Troxell and former Councilmember Martinez's visit to
the Planning and Zoning Board work session, stating that visit was solely to remind the Board of
its role in following the Land Use Code.
Genesis Stephens, Sunshine House, stated affordable childcare and quality early education are
community needs and values that deserve support. She discussed the need for childcare in Fort
Collins and requested Council uphold the Planning and Zoning Board's approval of the project.
APPELLANT REBUTTAL
Ms. Smith stated she was told Senior City Planner Ted Shepard voluntarily removed himself from
the project and was not asked to recuse himself. She also noted the HOA mentioned is run by Mr.
Campana, despite him not living in the neighborhood and stated a day care was originally planned
for the commercial area of the neighborhood.
Ms. Smith stated there was not a staff recommendation of approval for the floodplain variance and
questioned how they could appeal the Water Board decision when they knew nothing about the
hearing. She also noted there has been no statement that this daycare facility will provide
affordable care.
Mr. Jeng stated he recalled a community member asking Mr. Shepard, at a neighborhood meeting,
what recourse the neighborhood might have, and Mr. Shepard provided no response. He also
stated the community's need for daycare does not have anything to do with the Land Use Code.
He questioned whether it makes sense for a developer with financial and potentially political ties
to do as he wishes in a neighborhood that is not his own.
APPLICANT REBUTTAL
Ms. Liley stated one of the specific criteria for the granting of a modification is whether the
proposed use fulfills or meets a stated City policy, plan, or priority, and daycare is a priority;
therefore, it was legally and necessarily addressed at the Planning and Zoning Board hearing. She
also noted Council's decision, just like the Planning and Zoning Board's decision, must be bound
by the rules Council has set for itself.
COUNCIL QUESTIONS AND DELIBERATION
Councilmember Cunniff asked if the Water Board hearing is the only place the floodplain
determination can be made. City Attorney Daggett replied in the affirmative.
July 2, 2019
City of Fort Collins Page 179
Councilmember Cunniff asked what provisions of the Code directed Mayor Troxell and
Councilmember Martinez to attend a Planning and Zoning Board work session during a particular
Land Use Code decision. City Attorney Daggett replied there is no provision for Councilmembers
to participate in or influence the Planning and Zoning Board specifically related to an application
and it is her understanding that that conversation was not intended to be specifically about this
particular application but was generally about the Board's function and some questions that the
Board had asked.
Councilmember Cunniff stated his belief is that Mayor Troxell and Councilmember Martinez were
not intending to give direction on the particular item, but questioned whether the message may
have been misunderstood by Boardmembers. He questioned whether Council should remand the
decision to the Board and ask them to disregard the work session attendance of Mayor Troxell and
Councilmember Martinez. City Attorney Daggett noted there was one Planning and Zoning
Boardmember who recused himself from the decision because of his sense of the effect of the work
session discussion; however, other Boardmembers who participated specifically felt they were not
influenced in a way that made them unable to make a fair decision.
Councilmember Cunniff stated many of these questions could be cleared up if the Board was
specifically asked to reconsider the item without taking the work session discussion into account.
Councilmember Summers stated he was unsure he wanted to remand the item as he did not want
to send the message that Council assumed there was some bias.
Councilmember Pignataro asked how the Water Board rules differ from other boards. City
Attorney Daggett replied the floodplain variance process is specifically laid out in Chapter 10 of
the City Code. The Water Board conducts a quasi-judicial hearing and makes a decision which is
then subject to appeal within two weeks. The notice requirements are not the same as those set
out in the Land Use Code; however, the appeal period is the same.
Councilmember Pignataro asked if Mayor Troxell and Councilmember Martinez were present
when Boardmembers were asked if they felt like they had a bias. City Attorney Daggett replied
that question took place at the April Planning and Zoning Board hearing and she did not believe
any Councilmembers were present.
Councilmember Pignataro asked how the current makeup of the Board would differ from that when
the decision was made. City Attorney Daggett replied there has been one Boardmember who has
resigned, though that member was not present at the April hearing, and one Boardmember who
did recuse himself.
Mayor Pro Tem Stephens stated the Boardmembers clearly and articulately expressed why they
were supporting the project and noted conditions were applied to help address some of the
neighborhood disruption. She stated she found no evidence the Board seemed pressured to make
the decision it did.
Councilmember Pignataro asked about the letter of complaint from the Planning and Zoning
Boardmember to Human Resources. City Attorney Daggett replied the complaint was initially
reviewed, the complainant was contacted, and the complainant eventually withdrew the complaint.
July 2, 2019
City of Fort Collins Page 180
Councilmember Gutowsky stated this comes down to a legal issue versus a feelings issue. She
acknowledged decisions must be made based on the rules, but she felt unsettled by the ethics.
Mayor Troxell asked if it is typical for a developer to play a key role in the homeowner's
association initially with a transition in the future. Leeson replied that is generally accurate and a
homeowner's association would typically be transferred to the homeowners after a certain number
of lots are sold.
Mayor Troxell asked about City support of citizens through development projects. Mr. Leeson
replied Neighborhood Services has an individual who acts as a liaison to the neighborhoods to help
answer questions about the process and provide information.
Mayor Troxell stated he was at the Planning and Zoning Board work session less than 20 minutes,
at the direction of the Leadership Planning Team, to provide support for following the Land Use
Code standards. He stated he has done similar things before other boards and commissions.
Councilmember Cunniff stated his concern was that the message may not have been received by
the Board in the same way it was delivered by Mayor Troxell and Councilmember Martinez. The
Board was never specifically asked if members had concerns or felt they could provide fair
judgement after Mayor Troxell and Councilmember Martinez' visit to the work session but were
rather asked about an issue related to allegations by Boardmember Pardee and rebuttal by Mr.
Campana. Mr. Leeson confirmed that was the case.
City Attorney Daggett noted Boardmember Hobbs detailed his concerns about the work session
discussion with Councilmember Martinez and Mayor during that discussion, and there were
Boardmembers who continued to respond and state they could be impartial at that point; therefore,
it could be interpreted Boardmembers were all having a conversation about whether they could be
fair and impartial with the specific work session discussion being brought to light.
Councilmember Cunniff stated that is a plausible interpretation, but may not be the only one. He
acknowledged he is unsure what would be different if Council remanded the decision, but that is
his current preference.
Councilmember Summers made a motion, seconded by Mayor Pro Tem Stephens, that the Council
determine that the Planning and Zoning Board conducted a fair hearing in its consideration of the
Sunshine House at Bucking Horse Major Amendment MJA190001, and finding that the Board did
not consider evidence relevant to its decision that was substantially false or grossly misleading,
did not improperly fail to receive all relevant evidence offered by the appellant, and was not biased
against the appellant by reason of a conflict of interest or other close business, personal, or social
relationship that interfered with the Board's independence of judgement, and further, that the
Council find that, based on the evidence in the record and presented at this hearing, the allegation
that the Board did not conduct a fair hearing is hereby found to be without merit and is denied.
Mayor Pro Tem Stephens stated the HOA survey mentioned at the Planning and Zoning Board
hearing is not relevant to the decision, noted all evidence was received by the Board and Council,
the bias piece does not apply to the planner, and while the timing of the work session visit by
Mayor Troxell and Councilmember Martinez may not have been the best, reminding the Board of
its duty to follow the Code is important. She stated this was a fair hearing.
Councilmember Cunniff stated he disagrees with the conclusion.
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Councilmember Gutowsky stated she would support the motion, but with great reservation. She
questioned whether the $100,000 lot premium might be refunded to homeowners as they will not
have the proposed working farm.
Councilmember Pignataro stated she would not support the motion as more time should have
lapsed so as to allow a more unbiased decision to be made.
Councilmember Gorgol stated she would support the motion as Boardmembers had the
opportunity to recuse themselves and there was further opportunity through the Human Resources
complaint which was withdrawn. It is important to reflect neighborhood decisions in planning and
this is an unfortunate situation; however, the Land Use Code was followed, and it was a fair
hearing.
Mayor Pro Tem Stephens stated it is important that residents have a say in what happens in their
neighborhoods; however, this use is clearly allowed in UE and other residentially zoned
neighborhoods because it is a community priority.
Mayor Troxell stated this was a fair hearing and he would support the motion.
RESULT: PLANNING AND ZONING BOARD HELD A FAIR, UNBIASED HEARING [5 TO 2]
MOVER: Ken Summers, District 3
SECONDER: Kristin Stephens, District 4
AYES: Gorgol, Summers, Stephens, Troxell
NAYS: Pignataro, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
uphold the decision of the Planning and Zoning Board approving the Sunshine House at Bucking
Horse major amendment MJA190001, finding that the Board properly interpreted and applied the
relevant provisions of the City Code and Land Use Code cited in the appeal notice, and further,
that Council, based on the evidence in the record and presented at this hearing, find that the appeal
is hereby found to be without merit and is denied.
Councilmember Cunniff stated he would like to support this motion as the decision does fit the
Land Use Code; however, there is some amount of interpretation in the Land Use Code, and based
on his previous concern about the hearing, he does not know if the same decision would have been
made had events not transpired as they did.
Councilmember Gutowsky stated she does not believe this is the right location for a childcare
center, and despite it being legal, she will not support the motion.
Mayor Troxell stated he would support the motion as the project falls within the Land Use Code
regulations.
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RESULT: PLANNING AND ZONING BOARD DECISION UPEHLD [4 TO 3]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Summers, Stephens, Troxell
NAYS: Pignataro, Gutowsky, Cunniff
12. Resolution 2019-076 Adopting the 2019-2021 City Council Priorities. (Adopted)
The purpose of this item is to consider formal adoption of City Council’s priorities for 2019-2021.
Tyler Marr, Policy and Project Manager, stated this Resolution adopts the Council's priorities
which are a result of the Council retreat and work session. He discussed how the priorities fit
within the City's strategic cadence, noting Council will develop and adopt a Strategic Plan in winter
of 2020. He stated clarifying work sessions will be forthcoming and updates will be provided in
the form of the quarterly dashboard.
Eric Sutherland stated legislative processes require legislative initiative to accomplish anything
and questioned what Council is doing with this resolution.
Councilmember Cunniff asked about the alleyway strategy enabling access for accessory dwelling
units or affordable housing options and whether those options would be compatible with City Plan
statements. Mayor Troxell replied in the affirmative, stating making alleyways more vibrant and
active is the primary goal.
Councilmember Cunniff asked if staff interprets strategies relating to plastic pollution to include
potential resolutions and ordinances as appropriate. Marr replied in the affirmative.
Councilmember Pignataro asked how Council's priorities work with scheduling. Marr replied staff
begins work on all priorities with initial action plans which will be reported in the quarterly
dashboard. He stated calendar conversations occur with the Executive Leadership Team and the
Leadership Planning Team.
Mayor Troxell noted the Leadership Planning Team plays a key role in ensuring items come
forward in a timely manner.
City Manager Atteberry noted this is a two-year priority list and he is concerned about the ability
to accomplish all that is listed, particularly in the area of Sustainability Services, without time and
resource allocations.
Councilmember Summers thanked Marr and staff for their work and stated addressing them as
efficiently as possible is a good approach.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-076.
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City of Fort Collins Page 183
RESULT: RESOLUTION 2019-076 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
13. Items Relating to Delivery of Telecommunication Services by Fort Collins Connexion. (Adopted
on First Reading)
A. First Reading of Ordinance No. 089, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Further Authorize and Implement the City’s Provision of Telecommunication Facilities
and Services as Provided in City Charter Article XII, Section 7.
B. First Reading of Ordinance No. 091, 2019, Authorizing the Purchasing Agent to Enter into
Licensing Contracts with a Term Length in Excess of Five Years for the Acquisition of Video
Content Rights in Furtherance of Fort Collins Connexion’s Delivery of Telecommunication
Services.
The purpose of Ordinance No. 089, 2019, is to adopt a variety of revisions, clarifications and additions
to City Code Chapter 26 pertaining to Utility Services to accommodate telecommunication services.
These revisions include:
1. Creation of basic authority and an operational framework for the provision of telecommunication
facilities and services (broadband) (new Article VIII of Chapter 26).
2. Amendments to add the “telecommunication services division” (broadband or Connexion) as a
division of the electric utility, and a part of the existing electric utility enterprise (as authorized by
Section 7, Article XII of the City Charter) and to separate administration and supervision of the
telecommunication services division under the direction of the City Manager from that of the
electric utility under the direction of the Utilities Executive Director.
3. Amendments to customer billing and collection provisions to address the existence and treatment
of the telecommunication services division.
Ordinance No. 091, 2019, will approve long-term licensing agreements with a term of up to seven
years for video content to be delivered to Connexion’s subscribers. City Code Section 8-186(a) limits
the term of contracts for services to a total of five years unless authorized by Council by ordinance.
Colman Keane, Broadband Executive Director, discussed the history of the Connexion Broadband
Utility to this point. Ordinance No. 089, 2019 amends City Code and adds additional articles for
the provisioning of the Fort Collins Broadband Connexion services. This allows rates and fees to
be set by the City Manager within certain boundaries and allows the City Manager to develop
terms and conditions of service. Ordinance No. 091, 2019 provides for the City's Purchasing Agent
to enter into long-term licensing agreements for video services.
Eric Sutherland stated Colorado Revised Statutes Section 24-6-402 clearly prohibits a public entity
in the state from going into executive session to discuss competition with private enterprise. He
stated these Ordinances are not ready for prime time and opposed the way in which Council has
adopted legislation related to the Broadband Utility.
Councilmember Cunniff requested follow-up prior to Second Reading regarding the wording
issues brought up by Mr. Sutherland. City Attorney Daggett replied staff has made note of those
changes and will provide Council with information related to any additional changes made prior
to Second Reading.
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Councilmember Cunniff asked how Council/City Manager interactions will develop related to
terms of use and requested information prior to Second Reading regarding whether terms of use
will have been considered violated if people are using the network for criminal purposes or for
purposes deemed criminal in the future. He also requested consideration of some periodic
accountability reports on rates. City Manager Atteberry stated he is in full agreement and
anticipates an evolution of terms of use and other policies.
Mayor Pro Tem Stephens stated rates for lower income residents should be part of the rate
structure. City Manager Atteberry replied there will be subsequent conversations around that as
appropriate roles for the Broadband Utility and the General Fund are fleshed out.
Councilmember Pignataro stated she is confident the City has done its due diligence in studying
both successful and unsuccessful broadband models around the country. She is pleased that net
neutrality is now in the hands of the City
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 089, 2019, on First Reading.
Councilmember Cunniff expressed support for the broadband effort moving forward.
Mayor Troxell stated the community is excited for this upcoming service.
RESULT: ORDINANCE NO. 089, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 091, 2019, on First Reading.
Councilmember Cunniff stated the City is getting into providing content as its competitors do both
content and networking.
Mayor Pro Tem Stephens stated this makes sense in terms of the ability to provide bundled service.
Mayor Troxell agreed this is helpful from a competitive standpoint.
RESULT: ORDINANCE NO. 091, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Motion to Suspend the Rules
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, for Council to
suspend its rules to continue the meeting past 10:30 p.m. to finish all the items currently on the
agenda and such other business as may come before the Council.
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City of Fort Collins Page 185
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
14. Items Relating to the Completion of the 2019 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable
Housing Fund (AHF) and the City’s Human Services Program (HSP), and Appropriating
Funding Consistently Therewith. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 080, 2019, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 081, 2019, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Fund.
Ordinance No. 080, 2019, appropriates the City’s FY2019 Community Development Block Grant
(CDBG) Entitlement Grant and CDBG program income and CDBG reconciled funds from FY2017 and
FY2018. Ordinance No. 081, 2019 appropriates the City’s FY2019 HOME Participating Jurisdiction
Grant from the Department of Housing and Urban Development (HUD). Both Ordinances were
adopted on First Reading on June 4, 2019 by a vote of 5-0 (Gorgol recused; Troxell absent).
Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 080, 2019, on Second Reading.
RESULT: ORDINANCE NO. 080, 2019, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 081, 2019, on Second Reading.
RESULT: ORDINANCE NO. 081, 2019, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
15. First Reading of Ordinance No. 090, 2019, Appropriating Unanticipated Grant Revenue in the
General Fund for Updating Policies, Codes and Regulations Affecting the Quality and Quantity
of Affordable Housing in Fort Collins. (Adopted on First Reading)
The purpose of this item is to appropriate unanticipated grant revenue awarded by the Colorado
Department of Public Health and Environment (CDPHE) through its Health Disparities Grant Program
(HDGP) to implement critical updates to policies, codes and regulations affecting the quality and
quantity of affordable housing with a specific lens on reducing health inequities in Fort Collins. This
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housing affordability and health equity project will use CDPHE grant funds in the amount of $795,657
in reimbursable grant funding over a two-year grant cycle (State Fiscal Year 2020-2021).
Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest.
Councilmember Summers asked about the verbiage that health outcomes are not just related to
housing, but rather to quality housing. Meaghan Overton, City Planner, replied there is ample
evidence that the safety and habitability of housing is directly tied to the health of its inhabitants.
All of the language in the Resolution is the beginning of a multi-year grant process that will be
heavy on community engagement to try to create some solutions that work toward the overall
affordability of housing in the community.
Councilmember Summers asked if the focus is on the Hispanic community in order to have more
of a definitive group. Overton replied it is difficult to separate health impacts from socio-economic
status and race. There are parts of the community where people are experiencing more negative
health outcomes.
Councilmember Summers asked about using the Housing First effort which has housed homeless
residents as a study population. Overton replied the Housing First initiatives were not a specific
focus of this grant application; the target population for this grant is people making up to 120% of
area median income who are spending more than 30% of their income on housing. She noted there
is a formal evaluation process required as part of this grant.
Councilmember Summers stated it would be interesting to look at oral health as an important
determinant of overall health as part of this project and stated he would like to add a section
including an annual reporting requirement.
Councilmember Summers made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 090, 2019, on First Reading.
Councilmember Summers requested the inclusion of language related to an annual written and/or
work session report. City Attorney Daggett read suggested language which was accepted as being
a friendly amendment by Councilmembers Summers and Pignataro.
Mayor Pro Tem Stephens stated this is a good news item and she looks forward to supporting it.
RESULT: ORDINANCE NO. 090, 2019, ADOPTED ON FIRST READING [6 TO 0]
MOVER: Ken Summers, District 3
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
• OTHER BUSINESS
Councilmember Cunniff requested Council support to direct the City Manager and City Attorney
to bring back a voluntary zoning initiation resolution for the Hughes Stadium property at the next
regular meeting on July 16.
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City of Fort Collins Page 187
Mayor Troxell stated this would be a new step for Council and stated the usual process would
involve the developer and provide Council an opportunity to vote on the proposed zoning.
Councilmember Cunniff stated the reason he feels this is an appropriate course of action is that
this is the largest redevelopment plot and annexation of a transitional-zoned property in recent
memory, and it is worthwhile for Council to consider it strictly within the framework of City Plan
and other planning documents rather than waiting for a developer to propose a zoning.
City Attorney Daggett stated the Land Use Code specifies who is authorized to initiate a zoning
action, and Council is specifically identified as one of those parties.
Mayor Pro Tem Stephens requested a brief outline of the usual zoning process. Tom Leeson,
Community Development and Neighborhood Services Director, replied zoning is typically
initiated as part of annexation and is typically established based on the underlying Structure Plan.
Transitional zoning allows the underlying property owner to propose a zoning in conjunction with
a development. The proposed zoning and development would then be evaluated for consistency
with the Structure Plan and Land Use Code.
Mayor Troxell asked if the Project Development Plan phase occurs after the zoning has been
determined. Leeson replied it can be concurrent with the development proposal.
Councilmember Pignataro stated, as a community member, she would prefer elected officials
determine what zoning is appropriate rather than a developer. This would hopefully help to avoid
a future appeal.
Leeson noted the Structure Plan, which was adopted as part of City Plan, establishes place types,
and there are two different place types on the Hughes property. The western portion is considered
a suburban neighborhood place type with two applicable and consistent zone districts, and the
eastern portion is considered a mixed neighborhood place type with two applicable zone districts.
Councilmember Cunniff stated his purpose is to clearly separate the zoning question from the
development review question, though it may result in the same conclusion.
Councilmember Summers asked if CSU still owns the property. Leeson replied in the affirmative.
Councilmember Summers asked if any proposals for the property have come forward. Leeson
replied CSU put out a request for proposal for a master developer of the site and chose Lennar.
The City has had an initial review with Lennar where a conceptual preliminary development plan
was submitted, and the City provided a significant number of comments in response. The next
step is the submittal of a formal development application, part of which would be proposed zone
districts.
Councilmember Gorgol asked what types of community engagement would occur should Council
take on the zoning initiation and asked what any appeal of that decision would look like. Leeson
replied a normal zoning and community engagement process would occur and would involve a
staff recommendation to the Planning and Zoning Board, which would then provide a
recommendation to Council, and Council would have two hearings and act in a quasi-judicial
fashion. He stated there would also likely be a neighborhood meeting.
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Councilmember Gutowsky asked if it would be possible for the developer to back out of the project
should it disagree with Council's zoning decision. Leeson replied that is a possibility as the
developer would want the zoning to correspond to their investment-backed expectations.
Mayor Troxell expressed concern about possible negative impacts on the project timeline and
expectations and noted there are guidelines that should make the processes predictable, repeatable,
and understandable. Leeson replied the schedule of the developer may be affected as they may
wait to move forward to see about the outcome of the zoning process; however, a Council-initiated
zoning process would not affect any City schedules.
Councilmember Cunniff received support for his request.
Councilmember Gorgol requested and received Council support to direct staff to bring forward an
option for a moratorium on the redevelopment of mobile home parks while Council is exploring
the topic.
Mayor Troxell asked about the definition of a mobile home park. Rebecca Everette, Development
Review Manager, replied there are a few zone districts that allow manufactured housing and
mobile home development. It is defined as a parcel of land which has been planned, improved, or
is currently used for the placement of mobile homes and contains more than one mobile home lot.
Councilmember Pignataro requested and received Council support to direct staff to bring forth a
resolution related to declaring a climate emergency while ensuring no changes in policy would be
necessary.
Mayor Troxell questioned the definition of 'emergency' in this context. Councilmember Pignataro
replied she would like that definition to be part of the resolution. She would like the resolution to
be goal-driven yet realistic.
Councilmember Summers stated the City already has goal-driven, yet realistic climate plans and
he has no interest in using a community-initiated special interest group resolution as a Council
policy. He cited the heavy winter precipitation and stated governments, not corporations, use the
majority of energy.
Councilmember Gutowsky stated the citizen comments reflect more than just a few passionate
people, but rather what can be heard nationally and internationally as being a global concern. She
suggested this could be examined as an imperative to recognize and support community concerns.
Councilmember Cunniff stated he supports the use of the word “emergency” as it directs action to
be taken on an emerging issue. The City's current Climate Action Plan is based on the
understanding that climate change is an emergency and one of its components is to provide
leadership and pressure on other City partners and state and federal legislators to treat climate
change with the same level of urgency.
Councilmember Gorgol expressed support and requested the inclusion of indigenous individuals.
Mayor Troxell stated he was part of Council that unanimously adopted in the Climate Action Plan
in 2015 and he stands by that vote and the City's subsequent actions toward meeting goals. The
City needs to be aspirational in its goals but pragmatic in achieving them. No solutions were
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City of Fort Collins Page 189
presented as part of the citizen comments and adopting this type of resolution will detract from the
successes and path the City is currently on. Councilmember Summers agreed.
Councilmember Cunniff stated he believes both can be done simultaneously. Mayor Troxell
replied that is not the case if the resolution is about making grandstanding statements or policy
changes.
Councilmember Pignataro reiterated she does not believe policy changes should be part of this
resolution, but the resolution would be another tool to illustrate community values. She stated she
would be happy to work with staff to draft language.
Mayor Troxell stated he would support a resolution that outlines and reaffirms the City's proactive
approach.
Mayor Pro Tem Stephens asked if there is Council support for exploring some of the metro district
policies with an eye for slightly more prescriptive language around affordable housing and energy
efficiency. City Manager Atteberry replied that information will be forthcoming.
• ADJOURNMENT
The meeting adjourned at 11:45 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 190
July 16, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry requested Item No. 5, Items Relating to Delivery of Telecommunication
Services by Fort Collins Connexion, be pulled from the Consent Agenda and moved to discussion
to highlight revisions to the Ordinance.
• PRESENTATION
Housing Catalyst Presentation to Councilmember Cunniff.
Kristin Fritz, Housing Catalyst, thanked Councilmember Cunniff for his commitment to affordable
housing and to the community's most vulnerable people. She presented him with an award.
Councilmember Cunniff stated it has been a pleasure serving Housing Catalyst and the citizens of
Fort Collins. He thanked Jake Joseph, Housing Catalyst Board of Commissioners Chair, for his
service.
• PUBLIC COMMENT
Stacy Lynne expressed concern the City's insurance attorney is leading Fort Collins down a
troublesome path.
Eric Sutherland discussed the fact that citizens cannot discuss development proposals with
Council. He stated Mayor Troxell did not follow this rule when he attended a Planning and Zoning
Board work session during which the Board was discussing a development review in process.
Patricia Miller requested Council express support to uphold the articles of UN convention relating
to the status of refugees and speak out against family separation policies. She requested Council
condemn the federal government's treatment of asylum seekers.
Ryan Barone requested Council denounce family separations and treatment in detention centers.
Kristin Psaki, Foothills Unitarian Church minister, discussed the importance of affirming and
promoting the inherent worth and dignity of every person. She encouraged Council to support
closing the detention centers.
Monica Rivera stated she often feels overwhelmed and hopeless as a queer mom in the country's
current socio-political context. She stated she and her family have volunteered to be a host home
for an asylum-seeker and as part of that process, she needs to speak about the safety of Fort Collins
for asylum-seekers, specifically trans-identified asylum-seekers.
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City of Fort Collins Page 191
Johanna Ullon Givon requested Council make a statement from the City of Fort Collins against
family separations. The impacts of the federal government's tactics have a direct negative impact
on Fort Collins.
Ethan Solomon opposed the conditions of detention centers and Fort Collins needs to make a
public statement against the federal government's stance on the detainments.
Paul Patterson commented on the disparity in the support that staff gives applicants versus
appellants and requested Council direct the City Manager to provide a greater level of support to
citizens involved in the development process. He also requested changes to Code to ensure hearing
notices go to interested citizens.
Debra James discussed the importance of placing affordable housing on the Hughes Stadium site
and opposed the jail expansion stating more emphasis should be placed on mental health.
Vedra Osborn requested Council denounce border detainment facilities and not let the City's
silence speak for itself.
William Cutcher opposed references to border detainment facilities as concentration camps and
stated funding needs to be addressed on a national level. The root cause of the problem should be
addressed. He opposed Fort Collins becoming a sanctuary city.
Johanna Jones, Early Headstart Program, discussed the sensitivity of children to their relationships
with their parents and requested Council speak up against what is happening on the border stating
it will have a lifelong impact on the affected children. She stated silence is complicity.
Martha Roden urged Council to uphold the articles of the UN convention and condemned the
government's use of detention camps in the United States.
Fred Kirsch discussed the possibility of Fort Collins Utilities leasing space for solar panels and
suggested it would benefit the City and rate payers.
Betty Aragon stated Fort Collins is a town of immigrants. The situation in border detention
facilities is not acceptable and she encouraged Council to not stay silent.
Pete Donovan stated the situation at the border equates to injustice, tyranny, and genocide. He
requested the City decry the action.
Christina Aiella discussed her immigrant lineage and historical separation of children from their
families in the United States. She encouraged Council to speak out against the conditions at the
border.
Will Rishell opposed the conditions at border detention facilities and stated the community should
speak up as a group.
Tim Dolan read the Martin Niemoller quote “First They Came For”.
July 16, 2019
City of Fort Collins Page 192
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Gorgol noted the funds for the County mental health facility were released four
months ago and the construction will begin soon. There is a community input session regarding
the appeal process upcoming. City Clerk Coldiron stated the session will be Monday, July 22, at
6 PM.
Councilmember Gorgol stated the Council needs to discuss the border detention center issue and
how it wants to speak out as a community.
Mayor Pro Tem Stephens thanked the speakers and personally denounced what is occurring in
border detention centers. She wanted to make a statement about it as a Council a year ago but
received little support. She believes making a stand against things that are against what the country
is about is important. She agreed with the speakers that silence can equate to complicity and there
comes a time when leaders, regardless of their position, need to speak out.
Councilmember Cunniff stated he has personally attended protests, written letters to
congresspeople, provided donations for legal defense, and has spoken in person when given the
opportunity about border detention activities. This is not just a legal policy issue, but a moral and
defining character issue for the country.
Councilmember Cunniff noted information is being gathered regarding the ex parte
communication policy and the policy could likely be edited to provide for reasonable legal
protection for the City and would like some follow-up on Mr. Kirsh's comments prior to next
week's work session.
Councilmember Summers stated Congress has failed to provide adequate funding for border
security and stated individuals who have had their day in court and are found to be in the country
illegally should be deported.
Councilmember Pignataro stated the appeal process will be discussed by Council September 17.
She would like to receive information related to Mr. Kirsh's comments. She was compelled to run
for office when she found out what was happening at the border a year ago.
Mayor Troxell thanked the speakers.
• CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 1, Items Relating to Various Amendments to the City of Fort
Collins Land Use Code, and 3, Items Relating to Sales Tax Code Updates, from the Consent
Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
July 16, 2019
City of Fort Collins Page 193
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
2. Second Reading of Ordinance No. 084, 2019, Appropriating Unanticipated Grant Revenues
From Bloomberg Philanthropies and Authorizing Transfers of Appropriations in the Light and
Power Fund for Residential Efficiency Project Loans. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 2, 2019, Appropriates The purpose of
this item is to appropriate $193,650 of $682,000 in grant award revenues from Bloomberg
Philanthropies, as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities Light and
Power fund and Economic Health Office for the purposes of ongoing project management and
operations of Epic Homes and a sub-grant to Colorado State University for indoor air quality research.
The remaining $488,350 of the 2019 balance of funds will be appropriated for Epic Loan capital in
alignment with pending third-party capital agreements.
3. Second Reading of Ordinance No. 088, 2019, Designating the Maneval/Mason/Sauer Property,
100 1st 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 2019-064.
This Ordinance, unanimously adopted on First Reading on July 2, 2019, considers the request for
landmark designation of the Maneval/Mason/Sauer Property, 100 1st Street. This is a voluntary
designation at the property owner’s request. The Landmark Preservation Commission unanimously
recommends approving this landmark designation.
4. First Reading of Ordinance No. 092, 2019, Appropriating Prior Year Reserves in the General
Fund for the Police Interview Room Camera Replacement. (Adopted)
The purpose of this item is to appropriate funds from the Fort Collins Police Services Asset Forfeiture
federal and state accounts (in the amount of $101,000) to partially fund the purchase of a replacement
interview room recording system at the Fort Collins Police Services building, 2221 South Timberline
Road. These funds will be used in conjunction with other identified funds from core budget and
contract savings.
5. Items Relating to 2018 International Code Amendments. (Adopted)
A. First Reading of Ordinance No. 094, 2019, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Enacting Local Amendments to the 2018 International
Building Code.
B. First Reading of Ordinance No. 095, 2019, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Enacting Local Amendments to the 2018 International
Residential Code.
The purpose of this item is to revise two Code requirements first proposed in both the International
Building Code (the “IBC”) and the International Residential Code (the “IRC”). The first proposed
change relates to an asphalt shingle roof covering requirement exemption where compliance is difficult
given certain circumstances.
July 16, 2019
City of Fort Collins Page 194
The second proposed change relates to an electric vehicle charging (EV ready) conduit requirement
that was submitted to be included in the 2018 codes as adopted in January but was missed and not
included in the final ordinance version as intended. Adopting these two Ordinances will make the
above changes in both the IRC, which applies to residential property, and the IBC, which applies to
commercial property.
6. First Reading of Ordinance No. 096, 2019, Approving the Waiver of Certain Fees for the Mason
Place Affordable Housing Project. (Adopted)
The purpose of this item is to present Housing Catalyst's request for affordable housing fee waivers
for the Mason Place permanent supportive housing project under development at 3750 South Mason
Street, currently the site of the Midtown Arts Center. All 60 units of this project target residents making
no more than 30% area median income (AMI) and therefore qualify for discretionary fee waivers. The
request is to approve the waiver of 100% of the waivable fees up to the amount of $330,000.
7. First Reading of Ordinance No. 097, 2019, Approving and Authorizing Execution of the Second
Amendment to Permanent Easement dated April 27, 2006, to Public Service Company of
Colorado Related to the Northside Aztlan/Poudre River Site. (Adopted)
The purpose of this item is to amend an existing easement located on City property that includes the
Northside Aztlan/United Way parcel, 226 Willow Street, and a portion of the Gustav Swanson Natural
Area (the “City Property”), sometimes referred to as the Aztlan/Poudre River EPA Removal Action
Site, at 112 Willow Street.
8. First Reading of Ordinance No. 098, 2019, Authorizing the Execution of First and Second
Amended and Restated Conservation Easements on the Hazelhurst Property and Assignment
of a Conservation Easement to Larimer County. (Adopted)
The purpose of this item is to authorize the execution of a First Amended and Restated Conservation
Easement on the Hazelhurst property located at 2887 West Trilby Road. The amended and restated
conservation easement will allow for the subdivision of the 45-acre property into two parcels: a 5-acre
parcel to be retained by Glenn and Margaret Hazelhurst and a 40-acre parcel to be purchased in fee
by the Natural Areas Department. Staff is also seeking authorization to subsequently enter into a
Second Amended and Restated Conservation Easement that will split the Conservation Easement into
two agreements, one that will apply to the 5-acre tract the Hazelhursts retain and a the other
encumbering the 40-acre parcel purchased by the City, so that the conservation easement can be
managed separately on each parcel. The conservation easement on the City's parcel would then be
assigned to and held by Larimer County through its Open Lands department.
9. Items Relating to the Fossil Creek Reservoir Area Plan-Transfer of Density Units Program
Closure. (Adopted)
A. Resolution 2019-077 Amending the Fossil Creek Reservoir Area Plan to Close the Transfer of
Density Units Program.
B. Resolution 2019-078 Approving and Authorizing the Mayor to Execute Amendment Number Two
to the Intergovernmental Agreement Between the City and Larimer County Regarding
Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area
to Close the Transfer of Density Units Program and Update Certain References.
The purpose of this item is to consider closure to the Fossil Creek Reservoir Transfer of Density Units
(TDU) Program, adopted September 22, 1998, by the Larimer County Board of Commissioners. The
TDU Receiving Area is essentially annexed and built out, with only one remaining parcel with limited
development potential. This item includes amendments to both the Fossil Creek Reservoir Area Plan
and the Intergovernmental Agreement Regarding Cooperation on Managing Urban Development.
July 16, 2019
City of Fort Collins Page 195
10. Resolution 2019-079 Authorizing the City Manager to Execute an Agreement with Numerous
Stakeholders Regarding a Joint Study of the Boxelder Creek Watershed Dams. (Adopted)
The purpose of this item is to enter into an agreement with key stakeholders to study a series of key
flood control dams upstream of Fort Collins known as the “Boxelder Creek Watershed Dams.” The
stakeholders that will be parties to this agreement are: Larimer County, the Town of Wellington, the
Town of Timnath, and the North Poudre Irrigation Company. The study will be used as the basis for
subsequent discussions and potential agreements related to the dams, including capital improvements
and long-term operations and maintenance needs and responsibilities.
11. Resolution 2019-080 Approving an Artwork to be Placed at the Poudre River Whitewater Park.
(Adopted)
The purpose of this item is to approve artwork that will be placed in the Poudre River Whitewater Park
to mark the Cache la Poudre River National Heritage Area.
12. Resolution 2019-081 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account for the selected community events, based upon the recommendations of the
Cultural Resources Board.
13. Resolution 2019-083 Making an Appointment to the Northern Colorado Regional Airport
Commission. (Adopted)
The purpose of this item is to reappoint Thomas Fleming to a three-year term on the Northern Colorado
Regional Airport Commission.
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Stephens mentioned Item No. 8, First Reading of Ordinance No. 096, 2019,
Approving the Waiver of Certain Fees for the Mason Place Affordable Housing Project, was a
good news item. This will be permanent supportive housing for individuals who have experienced
chronic homelessness.
Mayor Troxell mentioned Item Nos. 13, Resolution 2019-080 Approving an Artwork to be Placed
at the Poudre River Whitewater Park, and 14, Resolution 2019-081 Approving Fort Fund Grant
Disbursements, was good news items. He also noted Thomas Fleming was appointed to the
Northern Colorado Regional Airport Commission.
City Manager Atteberry noted the September 17 discussion of the appeal process has been moved
to October 15 due to Planning and Zoning Board scheduling issues.
• STAFF REPORTS
Business Trespass and College Avenue Traffic Safety. (staff: John Feyen)
John Feyen, Assistant Chief of Patrol Division, stated Police Patrol Services attempts to align itself
with the City’s priorities, including the strategic alignment with safe communities and community
involvement and improving safety for all travel modes. He discussed the need for occasional patrol
enforcement of business trespasses and College Avenue traffic safety related to “cruising”. He
outlined intervention techniques utilized and discussed citations issued. He thanked Officer Brian
Grosshans for his efforts in this program.
July 16, 2019
City of Fort Collins Page 196
Councilmember Cunniff thanked Feyen and stated he is looking forward to seeing statistical results
of the program.
Councilmember Gorgol asked if courts provide alternative sentencing options for youth.
Grosshans replied most citations are first-time offenses which result in year-long deferred
sentences and some type of fine. There have only been a few repeat offenders and the sentencing
for those individuals has yet to play out.
Mayor Pro Tem Stephens requested additional information regarding alternative sentencing
options for youth.
City Manager Atteberry stated it is important for Council and the community to see that City
resources are being aligned with Council and community concerns.
Mayor Pro Tem Stephens thanked staff for the work on this program.
Councilmember Cunniff stated he would like to ensure statistics are being collected to confirm
equity.
Neighborhood Services Regarding Block Party Trailer. (staff: Marcy Yoder)
J.C. Ward, Neighborhood Services, stated the block party trailer has already been a success and it
is intended to create and strengthen connections with neighborhoods, between neighbors, and with
the City, by providing a welcoming and safe space and reducing barriers to dialogue and
participation. She discussed the priorities, principles and policies of the City with which the
program aligns.
Mayor Pro Tem Stephens stated this allows all neighborhoods to have parties and fun together.
Councilmember Gorgol commended the program and its commitment to equity. She asked how
the City has gotten the word out to neighborhoods. Marcy Yoder, Neighborhood Services
Manager, replied that is a passion of staff and they have also used a lemonade stand as a pop-up
engagement opportunity.
Councilmember Gorgol asked if the trailer will be available on weekdays in the future. Yoder
replied this has been a pilot year and expanding opportunities will be evaluated at the end of the
year.
Mayor Troxell thanked Yoder and staff for their work and efforts at improving the community.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on speaking at the Soapstone Prairie 10
th
anniversary
celebration.
Councilmember Summers reported the bison herd at Soapstone is growing quicker than expected.
He also reported on a Forbes Magazine list of best places to work which included OtterBox, UC
Health, the City of Fort Collins, CSU, Larimer County, and other organizations with representation
in Fort Collins.
July 16, 2019
City of Fort Collins Page 197
Councilmember Pignataro reported on her first listening session and recent Futures Committee
meeting about the future of transportation in Northern Colorado.
Councilmember Gorgol reported on a breakfast at CSU with the new president. She also noted
the Larimer County Behavioral Health Policy Council met and appropriated funds for mental
health needs for the next year.
Councilmember Gorgol reported on Joe Neguse's visit to the Housing Catalyst project and
announced a listening session Thursday.
Mayor Pro Tem Stephens reported on the Metropolitan Planning Council meeting and stated there
is an initiative by the Governor for zero emission vehicles. She also reported on the Women in
Philanthropy event with CSU's new president.
Mayor Pro Tem Stephens reported on a recent neighborhood meeting regarding a possible
cyclocross facility at Rossborough Park.
Mayor Troxell reported on the recent Futures Committee meeting, the groundbreaking of the new
Elevations Credit Union on East Mountain, and a celebration at Lee Martinez Farm with the
Martinez family.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
14. Items Relating to Delivery of Telecommunication Services by Fort Collins Connexion. (Adopted
as Amended on Second Reading)
A. Second Reading of Ordinance No. 089, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Further Authorize and Implement the City’s Provision of Telecommunication
Facilities and Services as Provided in City Charter Article XII, Section 7.
B. Second Reading of Ordinance No. 091, 2019, Authorizing the Purchasing Agent to Enter into
Licensing Contracts with a Term Length in Excess of Five Years for the Acquisition of Video
Content Rights in Furtherance of Fort Collins Connexion’s Delivery of Telecommunication
Services.
These Ordinances were unanimously adopted on First Reading on July 2, 2019. Ordinance No. 089,
2019 adopts a variety of revisions, clarifications and additions to City Code Chapter 26 pertaining to
Utility Services to accommodate telecommunication services. Ordinance No. 091, 2019 approves long
term licensing agreements with a term up to seven years for video content to be delivered to
Connexion’s subscribers.
The following changes to Ordinance No. 089, 2019 have been made since First Reading:
1. Section 26-575(a): removed reference to agreement by subscriber to abide by terms and
conditions of service and rules and regulations; replace with mandatory language (shall be subject
to….);
2. Section 26-576(d): substituted defined term “telecommunication subscriber” for
“telecommunication customer”) for consistency;
3. Section 26-579(c): adjusted definitions of Code violation to exclude nonpayment by a subscriber
so failure to pay is not punishable as a criminal violation, leaving termination of service and other
legal recourse such as collection as enforcement mechanisms for nonpayment.
July 16, 2019
City of Fort Collins Page 198
4. Section 26-583(a): clarified language regarding relationship of franchise fees to PILOT by
indicating all franchise fees paid shall be a credit against the PILOT amounts due, and to provide
that PILOT shall be paid by the telecommunication division and may (not must) be charged directly
to subscribers.
City Attorney Daggett read ordinance changes made since First Reading into the record.
Eric Sutherland stated this ordinance was not posted online five days in advance as required by the
City Charter and this ordinance is not ready for consideration. He recommended Council form an
advisory group to oversee the broadband program.
Rich Stave stated he found the reporting structure odd and questioned why internet service would
be shut off if other utility bills are unpaid. He also expressed concern regarding privacy and
surveillance issues.
Mayor Troxell requested staff address Mr. Stave's questions. City Manager Atteberry replied he
has made a decision that Coleman Keane, Broadband Executive Director, is a direct report to the
City Manager, which could change over time. He noted Kevin Gertig, the Utilities Services
Executive Director who has four direct reports, is a direct report to Deputy City Manager Jeff
Mihelich.
Coleman Keane, Broadband Executive Director, noted Fort Collins Connexion needs to rely on
partners within the City organization to provide various aspects of its service.
City Attorney Daggett noted voter-approved charter language allowed Council to chose whether
to establish the broadband service as a separate utility or to do it under the umbrella of the City's
electric utility, or to change that over time.
Councilmember Cunniff asked if the privacy issues will be addressed in the administrative terms
of use and other regulations. Keane replied privacy concerns are taken very seriously but noted
the utility needs some ability to monitor network usage in order to manage network performance.
He stated staff is bound by law to intercept traffic and pass it to a federal or state agency as
appropriate if a lawful intercept warrant is issued.
Senior Assistant City Attorney Judy Schmidt noted there are basic privacy provisions already
included in the Code related to utility records.
Councilmember Cunniff discussed the importance of trust in the City organization and stated it
will be important for Connexion to not engage in any of the traffic throttling practices of its
competitors. He supports the changes in the Ordinance as presented.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 089, 2019, as amended to include the language changes as read, on Second Reading.
City Attorney Daggett requested a friendly amendment to the motion reflecting a section number
change. Mayor Pro Tem Stephens and Councilmember Cunniff accepted the amendment as being
friendly.
July 16, 2019
City of Fort Collins Page 199
RESULT: ORDINANCE NO. 089, 2019, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 091, 2019, on Second Reading.
RESULT: ORDINANCE NO. 091, 2019 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
• DISCUSSION ITEMS
15. Second Reading of Ordinance No. 090, 2019, Appropriating Unanticipated Grant Revenue in
the General Fund for Updating Policies, Codes and Regulations Affecting the Quality and
Quantity of Affordable Housing in Fort Collins. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on July 2, 2019 by a vote of 6-0 (Gorgol recused).
Appropriates unanticipated grant revenue awarded by the Colorado Department of Public Health and
Environment (CDPHE) through its Health Disparities Grant Program (HDGP) to implement critical
updates to policies, codes and regulations affecting the quality and quantity of affordable housing with
a specific lens on reducing health inequities in Fort Collins. This housing affordability and health equity
project will use CDPHE grant funds in the amount of $795,657 in reimbursable grant funding over a
two-year grant cycle (State Fiscal Year 2020-2021).
Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 090, 2019, on Second Reading.
RESULT: ORDINANCE NO. 090, 2019, ADOPTED ON SECOND READING [5 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
RECUSED: Gorgol
16. Resolution 2019-082 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board’s Decision Approving the Sunshine House at Bucking Horse
Major Amendment MJA190001. (Adopted)
The purpose of this item is to make findings of fact and conclusions of law regarding the appeal of the
Sunshine House at Bucking Horse Major Amendment (MJA#190001). The hearing for the appeals was
held July 2, 2019.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Resolution 2019-082.
July 16, 2019
City of Fort Collins Page 200
Mayor Troxell noted this Resolution documents the outcome of the appeal hearing at Council's
last meeting.
Councilmember Cunniff stated he did not support Council's finding; however, he agrees that was
the outcome and will therefore support the motion. He stated he looks forward to upcoming
discussions related to appeals and boards and commissions.
RESULT: RESOLUTION 2019-082 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
17. Resolution 2019-084 Initiating the Rezoning of the Hughes Stadium Annexation Property.
(Adopted)
The purpose of this item is to initiate the rezoning of the Hughes Stadium Annexation property that
amends the City of Fort Collins Zoning Map from the current Transition (T) zone district and directs
City staff to prepare a rezoning application on behalf of the City and make a recommendation to the
Planning and Zoning Board (the “Board”) and City Council regarding the appropriate zoning.
Tom Leeson, Director of Community Development and Neighborhood Services, stated this
Resolution initiates the rezoning of the Hughes Stadium site from the Transition zone to another
zone district based on the direction of Council.
Cameron Gloss, Planning Manager, noted the Transition zone provides no development rights and
was the specific request of CSU. He stated the City will be following the development review
process as outlined in the Land Use Code. Following the rezoning initiation, a neighborhood
meeting will occur, the Planning and Zoning Board will conduct a public hearing and make a
recommendation, and the recommendation will then come before Council to make a final decision.
Gloss noted the neighborhood meeting has been set for August 8 at the Drake Center, the Planning
and Zoning Board hearing has been tentatively scheduled for September 19, and the Council
hearing has been tentatively scheduled for October 1. He stated a development plan could be
submitted after any rezoning and that process would also include a neighborhood meeting;
however, the Planning and Zoning Board would make the final decision on any development plan.
Eric Sutherland stated a neighborhood meeting already occurred at which Lennar Homes showed
a project plan layout that would not be compatible with any of the City's existing zoning. He
argued any subsequent plan put forth would clearly be an improvement. He questioned why staff
has not been asked to develop a unique zoning designation that will work for the site and embody
the City’s aspirational thinking.
Mary Grant, PATHS, stated she understands the Hughes property needs to be transformed and it
deserves serious consideration. She suggested a public/private/philanthropic project that is
economically viable and embodies community values.
July 16, 2019
City of Fort Collins Page 201
Kevin Jones, Fort Collins Area Chamber of Commerce, requested Council not adopt this
Resolution and, in the best interest of attainable workforce housing, that Council allow the
development process already in place to continue.
Renee Walkup, PATHS, Planning Actions to Transform Hughes Sustainably, discussed extensive
previous public input indicating people want open space and affordable housing on the site. She
requested Council recommend a public Planning and Zoning Board hearing to allow her group to
make a case for ideal zoning and a plan that will benefit everyone in the community.
Dennis Hemstreet expressed concern about the number of homes proposed as it will result in
traffic, pollution, and open space pressure problems.
Mark DeGregorio stated the proposed development is in direct opposition to City plans and goals.
He questioned why the City never attempted to purchase the property as open space.
Martha Zook, PATHS, discussed signed petitions the group has obtained regarding the property
and stated the group would like the Planning and Zoning Board to hold a public hearing to obtain
public input.
Ray Mease discussed the value of the property as an open space and stated the City benefits
financially from visitors to the area. The space needs to be protected for the enjoyment of all.
Melissa Rosas discussed the PATHS petitions requesting a more sustainable, community-friendly
alternative to the high-density plan shown by Lennar Homes.
Ann Baron discussed previous public input regarding the property which found that citizens most
desire open space and affordable housing on the site.
Calvin Erickson supported adoption of this resolution and stated this unique property is worth
extensive consideration by the City.
Rich Feller discussed necessary fire evacuation routes should this property develop. He requested
Council adopt the resolution to let citizens’ voices be heard.
Anna Goldetsky noted there are no services near the property; therefore, all new residents would
need to travel for all needs. The site is unsuited for hundreds of homes.
Ted Walkup stated this rezoning resolution opens the door for substantive action toward the City's
three core values: livability, community, and sustainability.
Justin Pless, attorney for clients who are business owners in Fort Collins, opposed Council
initiating the rezoning process stating it deviates from the normal process and the City should not
use zoning to disapprove or influence specific development projects. This sets a bad precedent
and leads to uncertainty.
Nick Lieurance stated he does not want to see the property be lost to an overcrowded housing
development.
Mac Hester commended Council and the City on their conservation of open space and natural areas
and stated there is a threatened species in Maxwell and Pineridge which exists only in Larimer and
Boulder counties.
July 16, 2019
City of Fort Collins Page 202
Jill Vesty requested the property be preserved as an open space and suggested the City should
focus on increased density and less sprawl. This is not a good location for affordable housing as
residents would need to purchase vehicles.
Tim Dolan expressed concern regarding safety, emergency response access, and evacuation routes.
Susan McFadden stated this should be a two-step process with extensive public input. She
suggested affordable housing and energy efficiency should be built into the plan.
Tamara Meure stated there is no way to support a large development with services, schools, and
existing roadways on the west side of town. She expressed concern about emergency response
access.
Mike Robinson stated Council has an opportunity to affect this unique property which is bordered
on two sides by open space and natural areas.
Councilmember Cunniff noted he received a notice of the neighborhood meeting but that does not
affect his impartiality. Internal discussions have occurred regarding a Natural Areas purchase of
the property and he requested input regarding the staff recommendation. John Stokes, Natural
Areas Program Director, replied it has been the understanding of Natural Areas staff that CSU’s
desire is to monetize the value of the property to the extent that it can. The Natural Areas program
considered the viability of this property as a potential acquisition and noted many considerations
come into play, including an equal distribution of resources across the growth management area.
He noted there are over 4,000 acres of conserved land and ten miles of trails in this area.
Councilmember Cunniff stated he does not personally see that a Natural Areas purchase is the best
use of funds at this time and there are other ways to ensure the development is compatible with
City plans and documents.
Councilmember Summers asked if there was any consideration of a Natural Areas purchase of part
of the property. Stokes replied that was not considered, noting development regulations address
buffers to adjoining natural areas.
Mayor Troxell asked about the differences between this process and the typical rezoning process.
Gloss replied the rezone would be required to have development rights created. Applicants can
consolidate a zoning and development application or separate the proposed zoning application
from the proposed development plan application.
Mayor Troxell asked when public input would occur in the current process. Gloss replied both
processes require at least one neighborhood meeting, a Planning and Zoning Board public hearing,
a Council hearing for the zoning portion, and another Planning and Zoning Board hearing for the
development application. He noted any of the aforementioned meetings are open to the public,
but mailings are sent to both owners and renters of properties within 1,000 feet. Other public
advertisements of the meeting occur in signage on the property and on the City's website.
Mayor Troxell asked what goes into the zoning recommendation. Gloss replied the Land Use
Code has criteria for compliance with the City's Comprehensive Plan, or City Plan, and for
compatibility to the surrounding area.
July 16, 2019
City of Fort Collins Page 203
Mayor Troxell asked how the public input would differ between this method and the traditional
method to just consider the rezoning. Gloss replied there would be two separate neighborhood
meetings with this process and there is a potential for only one neighborhood meeting if a
developer submitted a consolidated application. Both processes would involve public hearings
before the Planning and Zoning Board and Council.
Councilmember Gorgol asked if this process eliminates the ex parte communication issue. City
Attorney Daggett replied ex parte communications reference communications that are outside of
the process, or side conversations, and do not refer to any of the opportunities members of the
public have to provide comments, interact with staff, or submit information and concerns
throughout the process.
Councilmember Summers asked if there is any more influence by the public, or opportunity for
citizens to address their concerns, whether Council initiates the rezoning or it goes through the
more typical process. City Attorney Daggett replied the process is not different except that if the
zoning process goes through separately from the development process, there would be two separate
rounds of meetings and hearings. Leeson agreed and stated the process would be longer with more
opportunity for public comment if the processes were separate.
Councilmember Gorgol asked if the process is different because Council is initiating it. Leeson
replied the normal planning process with the same constraints of ex parte communication would
occur.
Councilmember Gorgol asked if Council initiating this rezoning would reallocate time or funds.
City Manager Atteberry replied Council's policy agenda would not be disrupted and no additional
budget would be required.
Councilmember Gorgol asked if notices are sent to renters and owners. Gloss replied in the
affirmative.
Councilmember Gorgol commented that more than one neighborhood meeting may be necessary
if Council initiates the rezoning.
Mayor Pro Tem Stephens asked Councilmember Cunniff to reiterate the value he sees in going
through this process. Councilmember Cunniff replied this would be a more obvious and clean
decision about zoning related to City Plan and its policies rather than for it to be tied with a
development proposal. The number of Transitional-zoned properties wherein this could occur is
very limited.
Mayor Troxell asked about the frequency of the use of the Transition zone. Gloss replied it is
rarely used and there are only a handful of Transition properties, most of which were created when
the Land Use Code was adopted in 1997. Those properties were to receive new zoning when they
were developed based on the Land Use Code.
Mayor Troxell asked if the City has ever before separated the zoning from the development review
with a Council-initiated process. Gloss replied staff cannot recall a time where this condition
existed.
July 16, 2019
City of Fort Collins Page 204
Councilmember Pignataro stated she would support the resolution and even if this does set a
precedent, that would not be a huge issue given the number of Transition properties in the city.
She thanked the citizens who spoke.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2019-084.
Mayor Troxell stated predictability is important in the development review process and suggested
this introduces some level of uncertainty. He questioned what impact the longer process would
have on affordable housing and the applicant. Leeson replied uncertainty increases risk and risk
increases cost; however, the timeline of a formal application is unknown, and it could be that the
zoning process is resolved prior to the submittal of an application. He acknowledged that the
applicant likely cannot move forward on any kind of design until the zoning is known.
Mayor Troxell asked about the plan that has been submitted by Lennar Homes. Leeson replied it
is a very preliminary conceptual plan that is not considered a formal development application. He
noted staff had 23 pages of comments on the preliminary conceptual plan and all of that would be
reviewed and analyzed as part of the normal development review process.
Councilmember Summers stated it seems like community members may have more time to make
comments if this were to go through the developer-initiated process given it is unknown when the
developer may submit a proposal.
Councilmember Cunniff stated there is probably more certainty as to what could be developed if
the zoning were in place. Leeson replied that is a fair interpretation and stated there is some risk
to a developer to do a combined application.
Mayor Pro Tem Stephens agreed with Councilmember Cunniff and noted that even though this
may not be the typical process, it is still process-driven and provides adequate opportunity for
public feedback.
Councilmember Gorgol stated she would support the motion as the process sets out good
transparency for highlighting City priorities.
Councilmember Summers stated the precedent of this is dangerous and expressed concern it
communicates a sense of uncertainty for developers.
Mayor Troxell stated he would not support the motion as it is important this process is being used
for the right reasons.
RESULT: RESOLUTION 2019-084 ADOPTED [4 TO 2]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Stephens, Cunniff
NAYS: Summers, Troxell
ABSENT: Gutowsky
July 16, 2019
City of Fort Collins Page 205
18. First Reading of Ordinance No. 099, 2019 Imposing a Moratorium Until August 30, 2020, Upon
Certain Development of Existing Mobile Home Parks. (Adopted on First Reading)
The purpose of this item is to impose a moratorium upon the City’s acceptance of any application for
development of any kind that, if granted, could result in the partial or total closing or reduction in
capacity of any mobile home park in existence on the effective date of this Ordinance, and would
remain in effect through the earlier of August 30, 2020, or until City Council adopts an ordinance
containing regulations that address the identified issues and concerns.
Tom Leeson, Community Development and Neighborhood Services Director, stated this item
places a moratorium on certain development affecting existing mobile home parks. He discussed
the goals of City Plan related to increasing the supply of affordable housing and the prevention or
mitigation of displacement impacts for affordable housing, specifically mobile home parks.
Leeson stated the purpose of the moratorium is to provide staff and Council time to research policy
options for this unique affordable housing type, to further City Plan policies, and to uphold the
principles of the Mobile Home Act, and to protect Fort Collins citizens. The moratorium would
be imposed on the acceptance of applications for development that could result in the partial or
total closing or reduction in capacity of any mobile home park and would remain in effect until
August 30, 2020, or until Council adopts an ordinance containing regulations that address the
identified issues, whichever occurs first.
Councilmember Summers asked about the zoning of a mobile home park. Leeson replied they are
allowed as a use-by-right in two zone districts, the Low-Density Mixed-Use Neighborhood, and
the Employment zones. Mobile home parks in other zone districts would be considered legally
non-conforming uses.
Councilmember Summers asked if the redevelopment of a mobile home park has occurred
recently. Leeson replied in the negative and he is not aware of any pending application. City
Manager Atteberry replied the Grape Street mobile home park was affected by the North College
King Soopers development and others have occurred.
Councilmember Summers asked about the identified issues and concerns. Leeson replied Council
has indicated affordable housing as a top priority and mobile home parks offer a population that is
more at risk and has some unusual hardships if displacement were to occur because of the
ownership structure. Mobile home parks are in zone districts that are ripe for redevelopment.
City Manager Atteberry stated staff is hearing rumors that there may be some movement in this
space, and this would allow time to do some planning work with public input that could result in
a number of different options with no predetermined outcome. He noted many residents are reliant
on this type of housing and the risk of losing it has become an important issue.
Councilmember Summers asked if this would include looking at areas of redevelopment and
zoning for expansion of mobile homes. Leeson replied there is no predetermined outcome, but all
options would be considered.
Councilmember Summers expressed concern about the message a moratorium may send and
suggested the dynamic around trust needs to be changed moving forward.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 099, 2019, on First Reading.
July 16, 2019
City of Fort Collins Page 206
Mayor Troxell suggested the inclusion of language related to relationships and incentives in order
to provide a balanced perspective. City Manager Atteberry noted staff is currently working with
property and unit owners.
Councilmember Gorgol noted she brought this item forward and the expectation is that there will
be delicate and controversial conversations about mobile home parks. The moratorium provides
the room to have those conversations without frightening residents or property owners.
City Manager Atteberry stated he will report to Council what the engagement process would look
like. Mayor Troxell replied in support of that idea.
Mayor Pro Tem Stephens stated she never thought of this Ordinance as being punitive and she
would like to see incentive-based options come forward. This should provide an opportunity to
develop partnerships and relationships.
Councilmember Cunniff stated he would support the motion and thanked Councilmember Gorgol
for bringing it forward.
City Attorney Daggett asked if Council would like the ordinance to reflect the requirement that
the City Manager bring back a plan and schedule for Second Reading of the Ordinance. Mayor
Troxell replied in support.
RESULT: ORDINANCE NO. 099, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
19. Items Relating to Various Amendments to the City of Fort Collins Land Use Code. (Adopted on
Second Reading)
A. Second Reading of Ordinance No. 077, 2019, Makes Various Amendments to the City of Fort
Collins Land Use Code.
B. Second Reading of Ordinance No. 078, 2019, Amends the City of Fort Collins Land Use Code
Regarding Community Development and Neighborhood Services Director Variances to Certain
Land Use Code Standards.
These Ordinances, unanimously adopted on First Reading on July 2, 2019, adopt a variety of revisions,
clarifications and additions to the Land Use Code.
Eric Sutherland discussed substantive changes made between First and Second Reading of an
ordinance on another item that he stated were never published. He questioned whether engineering
standards exist for broadband fiber optic cable installation and, if they do not, why they are
mentioned in the Land Use Code.
Mayor Troxell asked if publishing requirements were met for this item. Noah Beals, Senior
Planner, replied in the affirmative.
July 16, 2019
City of Fort Collins Page 207
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 077, 2019, on Second Reading.
RESULT: ORDINANCE NO. 077, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 078, 2019, on Second Reading.
RESULT: ORDINANCE NO. 078, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
20. Items Relating to Sales Tax Code Updates. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 085, 2019, Amends Article XVIII of Chapter 15 of the Code of
the City of Fort Collins Relating to Short-Term Rental Licenses.
B. Second Reading of Ordinance No. 086, 2019, Amends Article II of Chapter 25 of the Code of the
City of Fort Collins Relating to the City’s Tax Rebate Programs.
C. Second Reading of Ordinance No. 087, 2019, Amends Article III of Chapter 25 of the Code of the
City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and
Use Taxes.
These Ordinances, unanimously adopted on First Reading on July 2, 2019, amend City Code sections
in Chapter 15 and 25 to provide clarification for definitions and the application of various sections of
the Code.
Eric Sutherland discussed requirements related to ordinances, stating they were met in this case,
and stated Fort Collins is one of the few communities in Colorado to still tax food.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 085, 2019, on Second Reading.
RESULT: ORDINANCE NO. 085, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 086, 2019, on Second Reading.
July 16, 2019
City of Fort Collins Page 208
Councilmember Cunniff noted conversations have occurred regarding the sales tax rebate program
and how to ensure outreach. He stated this is the most reasonable alternative given the fact the
City does tax food.
Mayor Pro Tem Stephens stated she would like to reexamine the food tax and look at the pink tax.
RESULT: ORDINANCE NO. 086, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 087, 2019, on Second Reading.
RESULT: ORDINANCE NO. 087, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
• OTHER BUSINESS
Mayor Pro Tem Stephens asked if there is support for Council making a statement on the
conditions at border detention facilities.
Mayor Troxell suggested a more fact-finding option to which Council could respond.
Councilmember Gorgol stated she would support some type of statement, but would like to know
about options and what any statement would set forth.
Councilmember Summers stated any letter to the delegation should address funding. Fact-finding
would be important as there is a great deal of contradiction about what is occurring. Council
should be cautious to rush to judgement.
Councilmember Pignataro asked how Council responded to and addressed the Paris Climate
Accord. Mayor Troxell replied he wrote a letter on behalf of Council, in consultation with the
Legislative Review Committee, describing specific things Fort Collins was doing relating to its
Climate Action Plan and reinforcing what was occurring at the local level. Council also opted to
write a letter regarding President Trump's decision not to sign onto the Accord.
Mayor Pro Tem Stephens stated there are definitely proved human rights abuses happening at the
border, which she denounces, and would support having the Legislative Review Committee
examine the issue.
Councilmember Cunniff stated it makes sense for the Legislative Review Committee to examine
this issue and he would be interested to know if the City has business relationships with any of the
companies contracted to provide detention services.
July 16, 2019
City of Fort Collins Page 209
Councilmember Summers stated he is opposed to family separations and abuse; however, it is
inaccurate to characterize that is all that is happening. Council should speak out against abuses to
the extent they are occurring. Congress needs to ensure full funding is available to correct the
situations that are not right.
Councilmember Cunniff stated he agrees 100% that the policies with respect to family separation
are not legal, moral or ethical, and Council should continue to press for a rational, well-reasoned,
humane immigration policy discussion because that does have a nexus to Fort Collins.
Councilmember Gorgol stated issues related to humane treatment of people at the border must be
examined and she does not agree that funding is the solution. She asked when the Legislative
Review Committee meets next and about the turn-around time for getting something back to the
community. Councilmember Cunniff replied a special meeting could be called at any time with
information available by the August 20 meeting.
Councilmember Summers stated it is a false narrative to state these issues are the fault of the United
States rather than human traffickers and drug cartels.
Mayor Pro Tem Stephens stated no one ever stated other parties are not at fault; however, the
United States has the obligation to act better than cartels and act better than treating humans worse
than some would treat animals. These abuses could be stopped by government and there is a moral
obligation to do so.
Consideration of a motion to call a Special Meeting, 6:45 p.m., Tuesday, July 30, 2019.
Mayor Troxell stated this meeting is being called to keep options open related to the possibility of
a special election in coordination with the Larimer County November election.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, pursuant to
Section 2-29(a) of the City Code, that Council call a special meeting of the Council to take place
on Tuesday, July 30, 2019, at 6:45 p.m. for the following purposes:
1. Consideration of a motion for an executive session to discuss certain matters related to City
telecommunications facilities and services.
2. Consideration of First Reading of an Ordinance calling a Special Election for November 5,
2019 in Conjunction with the Larimer County Coordinated Election.
Mayor Pro Tem Stephens stated there is some benefit to having public discussion about
telecommunications before going into executive session.
Councilmember Cunniff asked if it would be possible to convene the meeting at 6:00 p.m. for the
purposes of hearing anything other than the executive session and then adjourn the meeting until
after the work session for Council to consider an executive session. City Attorney Daggett replied
that is a possibility.
Councilmember Cunniff suggested convening at 6:00 p.m. with the aforementioned structure.
Mayor Pro Tem Stephens accepted the amendment.
July 16, 2019
City of Fort Collins Page 210
Eric Sutherland requested some clarification as to what might be considered for a special election.
He noted Council cannot discuss strategy or matters related to competition in executive sessions
per state law.
Mayor Troxell stated the special election item would be related to transportation and/or transit
options for the City.
Mayor Pro Tem Stephens requested staff input as to the executive session. City Attorney Daggett
replied Mr. Sutherland has previously raised his concern and disagreement with the Charter
provision, approved by voters, allowing executive sessions for Council to discuss competitive
matters related to telecommunications services and facilities.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Consideration of a motion to cancel the August 6, 2019 Regular Council Meeting for Neighborhood
Night Out.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
cancel its regular meeting of August 6, 2019, pursuant to City Code Section 2-28(a), due to
Neighborhood Night Out.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
Discussion Regarding a City Position on the Governor’s Electric Vehicle Plan and Possible Action
to Direct Staff Regarding Follow Up Actions.
Lucinda Smith, Environmental Services Director, stated the City is currently participating with
two coalitions to support the adoption of zero emission vehicle standards that are being considered
at the Air Quality Control Commission. She discussed the two coalitions and their goals noting
both coalitions have obtained party status and have submitted hearing statements in alignment with
the City's Legislative Policy Agenda items that call for improvements in air quality and public
health, rapid attainment of the ozone standard, and supporting electric vehicles.
Mayor Pro Tem Stephens thanked Smith for the update.
Mayor Troxell and Council directed Smith to proceed.
Motion to Suspend the Rules to continue past 10:30 p.m.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, that Council
suspend its rules to consider such other business as may come before Council as well as to
complete the remainder of the Electric Utility Enterprise Board agenda.
July 16, 2019
City of Fort Collins Page 211
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
ABSENT: Gutowsky
• ADJOURNMENT
The meeting adjourned at 10:47 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 212
July 30, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW
City Manager Atteberry stated staff is recommending an indefinite postponement of Item No.1,
First Reading of Ordinance No. 100, 2019, Calling a Special Municipal Election to be Held in
Conjunction with the November 5, 2019 Larimer County Coordinated Election, as the County has
made some significant changes to its proposal that address some of the City's concerns, including
changes to their tax revenue distribution to include transit, ensuring there are infrastructure projects
that provide benefit to Fort Collins, and changes to the proposed governance structure.
City Manager Atteberry stated staff has determined an executive session is not needed on this item
at this time as mentioned in Item No. 3, Consideration of motion to adjourn into executive session.
• DISCUSSION ITEMS
1. First Reading of Ordinance No. 100, 2019, Calling a Special Municipal Election to be Held in
Conjunction with the November 5, 2019 Larimer County Coordinated Election. (Postponed
Indefinitely)
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 5, 2019 Larimer County Coordinated Election and preserves the opportunity for Council to
place Council-initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot, it would need to do so no later than at its September 3 meeting. If Council
does not take action by ordinance or resolution before the statutory deadline (September 6) to certify
ballot language to Larimer County, the election will be cancelled, and the provisions of this Ordinance
will be of no further force and effect.
This Ordinance does not submit a specific measure to the November 5, 2019 ballot. Adoption of this
Ordinance is a required step in preserving the option for City Council to submit any ballot measures
that Council may desire, at the November 5, 2019, Coordinated Election.
Councilmember Pignataro made a motion, seconded by Councilmember Summers, to postpone
consideration of Ordinance No. 100, 2019, indefinitely.
RESULT: FIRST READING OF ORDINANCE NO. 100, 2019, POSTPONED INDEFINITELY
[UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
July 30, 2019
City of Fort Collins Page 213
Consideration of motion to adjourn into executive session.
RESULT: WITHDRAWN
• ADJOURNMENT
The meeting adjourned at 6:05 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk