HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 2, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 5, 2020 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the May 5, 2020 Regular Council meeting.
ATTACHMENTS
1. May 5, 2020 (PDF)
City of Fort Collins Page 491
May 5, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via
teleconference.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the agenda has been amended to include motion language for a
possible executive session related to the Montava development and adding Item No. 10,
Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by
the City Manager Pursuant to the Local COVID-19 Emergency. He has determined that
enforcement of violations of the Emergency Ordinance should be civil infractions rather than
criminal misdemeanors.
• STAFF REPORTS
A. COVID-19 Update (staff: Jim Byrne)
Tom Gonzales, Larimer County Public Health Director, discussed the daily indicators used as
triggers in the COVID-19 response, including the number of positive cases, of which there are 422
in Larimer County with 19 deaths. There is currently an average of 8-12 positive cases per day
and six long-term care facilities have had outbreaks. The spread of cases in long-term facilities
has been slowed dramatically. Regarding major medical facilities, Mr. Gonzales stated the
County's hospitals are currently treating 43 COVID-19 positive patients, which is down since the
weekend. About 50% of the County's ICU beds and 54% of the County's ventilators are in use.
Gonzales discussed the importance of face coverings for the protection of others and stated he is
hopeful testing of asymptomatic individuals who have been in close contact with COVID-19
positive patients will soon be increased.
Mayor Troxell discussed the importance of face coverings as more businesses begin to open and
people begin to go out. Mr. Gonzales concurred and outlined the reasons for changing directives
related to face coverings. The goal of some of these directives is to allow more freedoms and
noted there will be no complete return to normal until a vaccine is developed.
Councilmember Pignataro commended the work of Mr. Gonzales and his team and asked about
the education piece related to facial coverings. Mr. Gonzales replied the County's Workforce
Development Center has been working with businesses, including restaurants, to determine ways
in which they can slowly reopen. Posters have been made for businesses that discuss social
distancing, face coverings, and other regulations.
May 5, 2020
City of Fort Collins Page 492
Councilmember Cunniff asked if there is a timeline for when leading indicator statistics will be
available. Mr. Gonzales replied those statistics will be critical and noted positive cases have
frequently had far fewer close encounters than previously due to the stay at home orders. His goal
is to have the suppression plan and the early warning indicators to hospitals for review and
approval by early next week.
Councilmember Summers asked if there is contact tracing occurring for individuals being admitted
to hospitals. Mr. Gonzales replied individuals are placed into one of three categories upon
admittance: high, medium, or low risk. Complete contact tracing and subsequent quarantine orders
are done for high and most medium risk patients.
Councilmember Gutowsky commended Mr. Gonzales on his work and communication. She stated
there are obvious signs of improvements.
Councilmember Summers asked if Fort Collins hospitals are still receiving patients from Weld
County. Mr. Gonzales replied Loveland hospitals are receiving patients from Weld County and
UC Health has informed him patients will come to either Medical Center of the Rockies or Poudre
Valley Hospital if the Greeley hospital is full.
Councilmember Summers asked if the place of residence is provided with hospital admissions
numbers. Mr. Gonzales replied in the negative. City Manager Atteberry replied he would attempt
to get that information from Kevin Unger.
City Manager Atteberry discussed the mixed reactions of the community regarding face coverings
and suggested Council use this opportunity to ask questions of Mr. Gonzales.
Councilmember Pignataro asked about the differences between the County and City face covering
requirements and which takes precedence.
Councilmember Gutowsky requested clarification related to exceptions of wearing face coverings
on property owned and operated by the federal and state governments. City Attorney Daggett
replied the regulation does not require masks in those locations because of the questions about the
City's authority to regulate the operation of federal and state facilities. It does not prohibit the use
of face coverings in those locations, but rather exempts those locations from the City's effort to
provide regulation.
Honore Depew, Policy and Project Manager, discussed the overall scope of the face covering
regulation noting the City order is a bit more strict because of the number of businesses wherein
face coverings are required. The City is requiring face coverings of children 10 and older whereas
the County is ages 2 and older. There are medical condition exemptions in both orders and signage
requirements for businesses in the City order. The City order is based on an education first
compliance technique and is meant to layer upon all other guidelines from health professionals.
Mayor Troxell spoke in support of facial coverings noting it enables more businesses to open. He
supported educational versus punitive enforcement of the regulation.
City Manager Atteberry stated requiring face coverings now will hopefully lead to more freedoms
sooner.
May 5, 2020
City of Fort Collins Page 493
SeonAh Kendall, Senior Economic Manager, stated staff has been having conversations with
businesses about how to reopen strongly and safely and face coverings are helpful in creating
consumer confidence. She stated the Downtown Business Association has been doing a great job
with educational materials for downtown businesses and noted regional work on messaging has
also been done.
Mayor Pro Tem Stephens supported the face covering requirement noting it is being done to help
keep community members safe and to prevent hospitals from being overwhelmed. She noted the
requirement is based on science, not to impinge on rights.
Councilmember Summers discussed the importance of signage communicating why face
coverings are being required.
• PUBLIC COMMENT
Martha Zook asked what is being done to educate and communicate with the Hispanic community
regarding facial coverings and the Hughes Stadium rezoning.
Mary Alice Grant expressed concern about the changes to the online platform for public
participation, stating information about participants seems to be hidden whereas it was not
previously.
Stacy Lynne discussed the human waste issue that resulted from the City not providing enough
toilets for the overflow camping area in the park adjacent to Northside Atzlan Center. There was
a norovirus outbreak at the shelter that was caused by the City's failure to clean restrooms and
provide suitable materials for hand drying.
Eric Sutherland stated the City is not following its own laws and discussed City Charter language
which he stated does not provide the City the authority to provide punitive enforcement.
Rory Heath expressed support for face covering regulations and concurred with Ms. Zook's
statements regarding education in Spanish.
Lindsay Griffey agreed this platform does not offer appropriate access to public participation. She
is not comfortable with legal mandates regarding facial coverings as there were studies years ago
that show the ineffectiveness of fabric masks. She also noted the Larimer County Sherriff posted
on his webpage that he does not agree with legally mandating face coverings. She asked about the
mortality rate of COVID-19 patients who have no other co-morbidities.
Rich Stave stated work has been done regarding the COVID-19 response and expressed concern
about accessibility for remote meetings. He commented on the lack of a process associated with
the disposition of real property, which is an asset of all citizens.
Beth Waldee disagreed that citizens opposed to the facial covering mandate are not educated,
rather there is a disagreement in the scientific community regarding their effectiveness. She asked
about the approach for individuals with medical exemptions.
Vernon (no last name provided) commended Council on its work and stated he will participate in
the discussion regarding Item No. 10, Emergency Ordinance No. 070, 2020 Approving Emergency
Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency.
May 5, 2020
City of Fort Collins Page 494
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
City Attorney Daggett discussed the Charter provision that requires that legislative enactments and
actions that create offenses that are subject to penalties be adopted by ordinance. There are specific
Code provisions that, in emergency circumstances only, and in the event of a declared local
emergency, give the City Manager limited power to put in place emergency actions that then are
to be approved by the Council as quickly as possible.
City Attorney Daggett discussed Mr. Sutherland's mention of Code Section 2-30 regarding the
rights of members of the public to withdraw items from the Consent Agenda. She suggested an
action for Council to take would be prudent should Council desire to move in the direction of
allowing a broader ability to pull items from the Consent Agenda.
Regarding Mr. Stave's questions about the disposition of property, City Attorney Daggett stated
the City's procurement code does not apply to real property transactions. It is quite common for
staff to utilize a competitive process to find out who may be interested in purchasing a property
the City is attempting to dispense. Staff can make a conveyance if it is determined there is no
significant impact to the City and Code requires Council adopt any of those dispositions of
property by ordinance.
City Manager Atteberry stated a normal process was utilized for the property dispensation
mentioned by Mr. Stave and he would provide a memo to Council and Mr. Stave regarding the
details.
Honore Depew, Senior Project Manager, stated signage for businesses to post regarding facial
coverings has been translated to Spanish and work is being done with the County to ensure
consistency and alignment for all community members. The forfortcollins.com website includes
a number of resources for businesses, including some readymade social media posts that are
automatically translated to Spanish.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated the City's COVID-19, United Way,
Larimer County, and CDC websites are able to translate into a few different languages including
Spanish. The Poudre River Library District is offering weekly videos in Spanish and Poudre
School District is using robocalls to families who may not have internet access in Spanish and
Arabic. Additionally, the City has posted door-to-door flyers in Spanish for targeted
neighborhoods.
Councilmember Gorgol asked if the City's website can be translated on a phone. Kozak-Thiel
replied in the affirmative.
Councilmember Gorgol commended the work to get information out in Spanish.
Mayor Pro Tem Stephens requested information related to Ms. Lynne's concerns. Beth Sowder,
Social Sustainability Director, stated the Northside Atzlan Center was converted to a temporary
shelter on March 19 and the restrooms inside the building are cleaned three times a day. All
plumbing issues have been dealt with in a timely manner. The outdoor shelter area in the adjoining
Heritage Park opened April 10 with two portable toilets and a dumpster. As the number of tents
May 5, 2020
City of Fort Collins Page 495
started to grow, additional portable toilets and dumpsters were added and emptied daily with the
exception of weekends. There was one incident of full portable toilets on a weekend which was
immediately addressed that Monday morning. Sowder stated stormwater personnel inspected
along the Poudre River in response to a Colorado Department of Public Health and Environment
complaint and found some trash and camps tagged for removalTthe area under the Linden Street
bridge is being cleaned. Regarding showers, there are 53 slots daily, including 20 for women
which do not require a lottery. There is a lottery system for men's showers. Hand washing stations
with paper towels are available and hand washing is required for each individual prior to each
meal.
Councilmember Gorgol requested additional information related to registering for call-in public
participation. Tyler Marr, Information and Employee Services Deputy Director, replied phone
participants have been asked to call the City Clerk's Office ahead of time; however, staff is working
on a process that will eliminate that step.
• CONSENT CALENDAR
Councilmember Summers withdrew Item No. 10, Emergency Ordinance No. 070, 2020 Approving
Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-
19 Emergency, from the Consent Agenda.
Councilmember Cunniff withdrew Item No. 13, Resolution 2020-044 Appointing One Board
Member Selected by the City to the Boxelder Basin Regional Stormwater Authority Board of
Directors and One Board Member Selected by Mutual Agreement of Fort Collins and Larimer
County, from the Consent Agenda.
Councilmember Gutowsky withdrew Item Nos. 8, First Reading of Ordinance No. 068, 2020,
Designating the Brown-Gooding Property, 425 Mathews Street, Fort Collins, Colorado, as a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, and 9, First
Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201 East
Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins, from the Consent Agenda.
Eric Sutherland withdrew Item No. 14, Resolution 2020-045 Authorizing the City Manager to Sign
Intergovernmental Agreements with Metropolitan Districts to Provide the City with Contractual
Remedies to Enforce a District's Approved Service Plan, 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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and
the April 14, 2020 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the April 7, 2020 Regular Council meeting and
the April 14, 2020, Adjourned Council meeting.
May 5, 2020
City of Fort Collins Page 496
2. Second Reading of Ordinance No. 062, 2020, Appropriating an Unanticipated Charitable
Donation to the City from Broadcom Inc. to be Used for COVID-19 Relief. (Adopted)
While this item is not critical or urgent in nature as related to the COVID-19 emergency, it is being
presented to Council now because it provides funds to be used to mitigate the effects of the
emergency.
This Ordinance, unanimously adopted on First Reading on April 21, 2020, is to appropriate $100,000
in unanticipated philanthropic revenue in the General Fund for COVID-19 community relief. The intent
of the charitable gift, facilitated and secured by City Give, is designated by the donor, Broadcom Inc.,
to support the critical and expanded needs of essential community services and organizations.
It is the donor’s determination the City possesses unique knowledge of urgent community gaps and
can serve as a critical gateway as to how monies can be effectively and immediately applied to local
emergency relief. Thus, the City will distribute $75,000 of the total gift to three community partners:
Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and Poudre School District. The
remaining $25,000 will be used to support City efforts across its service areas, departments and
programs, to include, without limitation, Adopt-A-Neighbor, Safety & Risk Management, Social
Sustainability and to launch childcare for essential employees, specifically police and other first
responders.
3. Second Reading of Ordinance No. 063, 2020 Appropriating Prior Year Reserves for Natural
Areas Land Conservation, Legally Required Water Rights Infrastructure and Urgent Trail
Construction Not Included in the 2020 Adopted City Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2020, is coming to Council now
because the Natural Areas Department is mandated by ballot to conserve land and funds are needed
for a real estate closing on June 30 as well as anticipated closings throughout the year.
Reappropriations also will support the completion of two infrastructure projects. One is legally required
for water rights and the other is critical to prevent stormwater overtopping of Prospect Road. The
proposed reappropriation for critical trail work is seasonally dependent and even more urgent given
skyrocketing visitation due to the COVID-19 pandemic. This item appropriates $8,770,000 in prior year
reserves in the Natural Areas Fund.
4. Second Reading of Ordinance No. 064, 2020, Amending the Code of the City of Fort Collins to
Delay the December 31, 2020, Implementation Date for Business and Multi-Family Recycling
Requirements Included in the Community Recycling Ordinance. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 21, 2020, delays the implementation
date of the business and multi-family recycling requirement in the Community Recycling Ordinance
from December 31, 2020, to June 30, 2021, due to impacts of the COVID-19 response.
5. First Reading of Ordinance No. 065, 2020, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund for COVID-19 Response and Recovery. (Adopted)
This item meets the following priorities for items to be considered by Council during the COVID-19
emergency: (1) urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible; (6) items that relate to funding, operation and
business activities that the City must continue despite the current crisis; and (7) items that are required
to comply with federal or state legal or other requirements.
The purpose of this item is to appropriate unanticipated Community Development Block Grant (CDBG)
funding in the amount of $649,203 from the Department of Housing and Urban Development (HUD) to
be used for COVID-19 response and recovery.
May 5, 2020
City of Fort Collins Page 497
6. First Reading of Ordinance No. 066, 2020, Appropriating Prior Year Reserves and Authorizing
the Transfer of Previously Appropriated Funds in the Light and Power Fund for the 700 Wood
Street Remodel Project and Related Art in Public Places. (Adopted)
This item is coming to Council because it meets the following Priorities: (5) will directly support a
council driven timeline for an operational space for the network operations and engineering staff in
Connexion and (6) provides funding for a project that the City must continue despite the current crisis.
The requested off-cycle appropriation will provide funds necessary to complete the joint control room
and associated 700 Wood Street remodel project for Fort Collins Connexion (Connexion) and Electric
Utility/Light & Power (L&P) operations. L&P is requesting an appropriation of $900,000 from
uncommitted reserves, which has been included in the Utilities’ financial rate strategy and 2019 Capital
Improvement Plan (CIP). Since this appropriation request is for the purpose of capital construction,
City Code also requires a $9,000 contribution (1% of the amount being appropriated) to the Art in
Public Places (APP) program. This amount is also being requested from uncommitted L&P reserves,
bringing the total use of L&P reserves in this request to $909,000. In addition to the appropriation from
available reserves, L&P is requesting a transfer of $770,000 in funds previously appropriated for the
Substation capital parent account to obtain the remaining funds for the 700 Wood Street remodel
project. Council Finance Committee considered and supported this approach on April 20, 2020.
7. First Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the
Biennial Budget Term Required by City Code Section 8-1 and Approving the Temporary
Revision of the City’s Budgeting Process for the 2021 and 2022 Budgets. (Adopted)
This item is coming to Council because it meets the following Priority: (2) Emergency-related items
that are not as urgent but need Council consideration.
The purpose of this item is to acknowledge modifications to the City's biennial budgeting process due
to the current unknowns of the depth and duration of the COVID-19 Pandemic and impacts to the local
economy and City revenue streams.
8. Resolution 2020-041 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Colorado State University for a Community Liaison Specialist. (Adopted)
This item is presented to Council because it meets Priority 6 relating to funding, operation and business
activities that the City must continue despite the current crisis. The purpose of this item is to renew
the Intergovernmental Agreement (IGA) with CSU for the Community Liaison position which has
provided crucial connection between City and University staff and resources that enhance the
neighborhood livability for both students and long-term residents.
9. Public Hearing and Resolution 2020- 042, Amending the Citizen Participation Plan Pursuant to
the U.S. Department of Housing and Urban Development Waiver Memorandum Relating to
COVID-19 Response Funds. (Adopted)
This item is presented to Council because it meets the following priorities: (1) urgent items specifically
related to COVID-19 activities that are critical in nature and must receive Council consideration as
soon as possible; (6) items that relate to funding, operation and business activities that the City must
continue despite the current crisis; and (7) items that are required to comply with federal or state legal
or other requirements.
The purpose of this item is to amend the Citizen Participation Plan (CPP), a document required by the
Department of Housing and Urban Development (HUD) which outlines how the City will receive citizen
input related to the use of HUD funded activities. Specifically, this amendment allows for reduced
public comment periods and remote public meetings to allow for expedited deployment of HUD
disaster and emergency funds, when such regulations are waived by HUD.
• END CONSENT
May 5, 2020
City of Fort Collins Page 498
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff asked if the Finance Committee will have a discussion around policies
regarding Item No. 2, Second Reading of Ordinance No. 062, 2020, Appropriating an
Unanticipated Charitable Donation to the City from Broadcom Inc. to be Used for COVID-19
Relief. City Manager Atteberry replied in the affirmative.
• COUNCILMEMBER REPORTS
Councilmember Gutwosky reported on her efforts to deliver cloth masks and bags of food to
seniors in need with Senator Ginal. She also reported on a tour of the Northside Atzlan Center
with Senator Ginal and noted the use of the facility is being studied by other cities as a model. She
commended the work of Beth Sowder in this realm.
Mayor Pro Tem Stephens reported on volunteering at the Food Bank and on the recent report from
Neighbor to Neighbor indicating it helped 192 households with rent assistance last month. She
reported on the face mask sewing operation at the Senior Center which is scheduled to close May
22. She stated “safe sew” sites are opening all over the state.
Mayor Pro Tem Stephens reported on her first online listening session and announced the next one
on May 16.
Mayor Troxell reported he and Councilmember Cunniff attended the Platte River Power Authority
Board meeting last week during which the distributed energy resources group was discussed.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
10. First Reading of Ordinance No. 068, 2020, Designating the Brown-Gooding Property, 425
Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and
business activities that the City must continue despite the current crisis. This property owner has a
pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot
be released without the Landmark designation in place. Delay of this first reading and subsequent
second reading would delay construction activity at the property.
The purpose of this item is to designate the Brown Gooding Property located at 425 Mathews Street
as a Fort Collins Landmark. The owners of this property, Sarah Breseke and Wouter Montfrooij, are
initiating this request. The single-family residence and garage are eligible for recognition as a
Landmark due to their significance to Fort Collins under Designation Standard 3, Design/Construction
and their historic integrity.
Mayor Troxell noted this item includes a public hearing.
May 5, 2020
City of Fort Collins Page 499
Jim Bertolini, Historic Preservation Planner, stated this landmark designation is coming forward
at the request of the property owner and is specifically coming before Council as landmark
rehabilitation loans have been requested and they cannot be released until the landmark designation
is in place. Bertolini outlined the historical and architectural significance of the property.
Councilmember Gutowsky stated she pulled this item in order to highlight the work of Historic
Preservation staff and the Landmark Preservation Commission.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 068, 2020, on First Reading.
RESULT: ORDINANCE NO. 068, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
11. First Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201
East Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and
business activities that the City must continue despite the current crisis. This property owner has a
pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot
be released without the Landmark designation in place. Delay of this first reading and subsequent
second reading would delay construction activity at the property.
The purpose of this item is to designate the Horsley/Delta Zeta Property, 201 East Elizabeth Street,
as a Fort Collins Landmark. The owner of this property, Stephanie Walter, is initiating this request. The
property is eligible for recognition as a Landmark due to its significance to Fort Collins under
Designation Standards 1. Events, and 3. Design/Construction and its historic integrity.
Mayor Troxell noted this item includes a public hearing.
Jim Bertolini, Historic Preservation Planner, stated this landmark designation is coming forward
at the request of the property owner and is specifically coming before Council as landmark
rehabilitation loans have been requested and they cannot be released until the landmark designation
is in place. Bertolini outlined the historical and architectural significance of the property.
Councilmember Gutowsky stated she pulled this item in order to highlight the work of Historic
Preservation staff and the Landmark Preservation Commission.
Mayor Troxell asked about the lodge zoning designation of the property. Bertolini replied the
property's zoning has gone back and forth between residential and fraternity/sorority uses, but it is
currently a fraternity.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 069, 2020, on First Reading.
May 5, 2020
City of Fort Collins Page 500
RESULT: ORDINANCE NO. 069, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
12. Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by
the City Manager Pursuant to the Local COVID-19 Emergency. (Adopted as Amended)
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager
in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that
emergency rules and regulations must be confirmed at the earliest practical time by the City Council.
This Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures
that have been enacted to date. Adoption by ordinance will ensure that each of the regulations is
enforceable to the fullest extent of the law.
City Manager Atteberry briefly discussed Sheriff Smith's social media comments, noting the City
has relied on public health officials for its knowledge. He stated the Sheriff's opinion does not
match with his as the City's Chief Policy Advisor. He discussed the enforcement of violations of
Emergency Regulation No. 2020-015 and noted treating those violations as civil infractions rather
than criminal misdemeanors will better serve the purposes of the Regulation and further its
effectiveness.
City Attorney Daggett stated this Ordinance approves three Emergency Regulations, one related
to facial coverings, one related to contractor licensing, and one related to continued use of the
Community Christ Church as a seasonal overflow shelter. The Code provision that authorizes the
City Manager to establish these Emergency Regulations provides that violations thereof are
punishable as criminal misdemeanors. With respect to the facial covering regulation, staff has
determined violations should be civil infractions rather than criminal misdemeanors.
Beth Waldee expressed concern people are not abiding by these specific criteria for wearing a
mask effectively. Masks are immediately contaminated once touched or pulled down and are
ineffective once moistened by breath. She questioned how the City plans to educate everyone
noting individuals with medical exemptions do not have to disclose that information and should
not be subject to harassment.
Eric Sutherland stated the City Manager does not have the authority to issue a regulation the
violation of which would result in a misdemeanor penalty. That purview lies solely with the
Council.
Vernon (no last name given) expressed concern the facial covering regulation has induced more
fear, particularly when individuals who are exercising outdoors are wearing them.
Mayor Troxell clarified the facial covering regulation applies to businesses, not during outdoor
exercise. It involves a shared mutual responsibility for limiting the virus spread from
asymptomatic individuals.
Councilmember Summers stated this regulation will help get people back into circulation as much
as possible and will help protect workers. His primary care physician told him having a facial
covering mandate that is punishable by law has no basis in science. He also noted the World
Health Organization's protocols on how to safely and effectively wear a mask are extensive.
May 5, 2020
City of Fort Collins Page 501
Councilmember Summers noted the Colorado Retail Council expressed concern about requiring
retailers to enforce the order. He also noted the City is not monitoring whether other regulations
are being followed, such as the use of hand sanitizer and hand washing. He opposed the use of a
reporting mechanism for violations.
Councilmember Cunniff discussed research showing cloth masks are ineffective for healthcare
workers who are frequently exposed to large viral loads; however, there has been a recent study
showing a net protective effect for people if asymptomatic individuals are wearing facial
coverings. He agreed a criminal misdemeanor punishment is not appropriate and suggested
removing penalties for business owners or employees who may not want to confront customers.
Mayor Troxell again clarified the facial covering regulation applies to businesses, not during
outdoor exercise. He concurred with Councilmember Cunniff's suggestion and stated he is fully
supportive of violations not being criminal misdemeanors. He asked about the plan for
enforcement. City Manager Atteberry replied he does not expect the enforcement to place a
significant burden on Police Services and stated education and information will be utilized.
Honore Depew, Senior Project Manager, stated compliance through education has always been the
goal of this order and enforcement would come from complaints. He stated multiple complaints
against a business would result in Code Compliance Officers, with the support of Economic Health
staff, initiating a conversation with the business to determine barriers to implementation.
Businesses are to notify the public about the order but are not intended to be the enforcers of the
regulation. He noted many businesses have reached out indicating a desire to protect the health
and safety of their workers and this regulation provides a tool for that.
City Manager Atteberry noted business would not have that tool without the passage of this Order.
Councilmember Summers stated businesses should not be able to threaten to call police to have
customers cited. City Manager Atteberry replied no one is being encouraged to call police.
City Attorney Daggett stated business owners can call police to cite non-compliant individuals
who refuse to leave with trespass.
Councilmember Cunniff stated the current language goes beyond providing tools and ends up as a
mandate on businesses. He asked how Council could practically modify the City Manager's order.
City Attorney Daggett replied this order is intended to impose an obligation on business owners
and stated there is little experience with modifying these regulations; however, from a process
standpoint, the appropriate action would be for Council to modify the regulation in the course of
adopting this ordinance. A revised regulation would then be published.
Councilmember Summers asked why a resolution could not be adopted. City Attorney Daggett
replied Council could adopt a resolution stating an intent to encourage people to wear facial
coverings rather than have a regulation that imposes legal obligations. She noted that would
require Council to remove this regulation from the ordinance which would make the regulation no
longer in effect.
Councilmember Pignataro stated she would be supportive of amending the ordinance to remove
the facial covering regulations and allow for staff to return next week with a resolution.
May 5, 2020
City of Fort Collins Page 502
City Attorney Daggett clarified the three actions that are part of the ordinance: Emergency
Regulation No. 2020-013 deals with relaxing contractor licensing examination requirements as
examinations are not being administered right now, Emergency Regulation No. 2020-014 allows
the continued use of the Community Christ Church at 220 East Oak Street as a seasonal overflow
shelter after the end of April, and the face covering Emergency Regulation No. 2020-015.
Councilmember Gorgol asked if the County requires businesses to display signage related to facial
coverings or ask individuals not wearing face coverings to leave. City Attorney Daggett replied
in the negative.
Councilmember Gorgol stated requiring a business to have a non-compliant individual removed
protects other individuals in the store. She expressed concern that just having an advisory
resolution would not meet the City's intent.
Councilmember Cunniff agreed with Councilmember Gorgol that there should be a requirement
for posting signage, which would require an ordinance. He would prefer to not have a provision
requiring business owners to enforce the regulation by being subject to a penalty if a non-compliant
individual refused to leave the property. He would be comfortable taking the facial covering
regulation out of the ordinance as the County order still exists but stated he would prefer it come
back as an ordinance rather than a resolution.
City Manager Atteberry expressed concern that essentially tabling this item may create more
confusion. He asked if modifications could be made to the regulation this evening to address
Council's concerns. City Attorney Daggett replied that could likely be done with some time to
make appropriate edits.
Mayor Troxell asked about the time limits for emergency ordinances. City Attorney Daggett
replied the emergency regulations are only for the life of the local declared emergency. They can
also be withdrawn or terminated. The current regulations do not have built-in end dates, though
that could be changed.
Mayor Troxell stated the regulations should be tied to effectiveness and therefore evaluated in
some sense.
City Manager Atteberry noted the County's order has a date certain of May 30 and it does not
speak to specific outcomes.
Councilmember Gutowsky supported amending the existing emergency ordinance to replace the
criminal misdemeanor punishment with a civil citation.
Mayor Pro Tem Stephens agreed with Councilmember Gutowsky and stated it sends a mixed
message if the regulation is pulled.
Councilmember Cunniff also supported moving forward with amendments this evening and stated
it is important to have specific city requirements.
Councilmember Pignataro discussed the importance of ensuring this is dealt with thoroughly.
May 5, 2020
City of Fort Collins Page 503
Councilmember Gorgol asked if businesses would still have the authority to ask people to leave.
Councilmember Cunniff replied he would like the language to state that a person “may” be asked
to leave the property.
City Attorney Daggett outlined the suggested language amendments to the ordinance.
Mayor Troxell discussed the importance of the educational aspect of this regulation and noted the
community tends to be very responsive to requests such as this because of the impacts on others.
Councilmember Gutowsky discussed the importance of education focusing on the need for masks
to protect others, not the wearers themselves.
Councilmember Cunniff disagreed it is unconstitutional to have a regulation such as this, noting
clothing of other types is required in public.
Councilmember Summers asked if social distancing regulations will also be included as it may be
more important than masks. City Attorney Daggett replied staff would be unable to write language
requiring social distancing on the fly and noted the state order already requires social distancing.
Councilmember Summers asked if state and county regulations already discuss masks. City
Attorney Daggett replied in the affirmative.
Councilmember Summers questioned why there would then be confusion on the policy if Council
does not act on this issue at this meeting.
City Attorney Daggett discussed the trespass citation section of the Code noting it is commonly
used to deal with issues on private property. She would prefer to leave it to stand on its own
without any specific action related to this item. She presented some language revisions to Section
10 of the ordinance.
Councilmember Cunniff supported the language changes.
Mayor Troxell supported the language changes but requested some type of evaluation period.
Councilmember Cunniff suggested using the County's deadline and evaluating at that time. City
Manager Atteberry replied that would give the City and County both the opportunity to collaborate
on their assessment.
Mayor Pro Tem Stephens supported the proposal and suggested the County could collaborate
further with the municipalities to eliminate discrepancies. She stated there is no reason to suggest
the City cannot provide laws for the protection of residents' health. She noted this is not a criminal
offense and reiterated there are many asymptomatic carriers.
City Attorney Daggett reviewed the revisions to the regulation and stated they will require some
changes to the ordinance itself, primarily in modifying the reference to the title of the regulation.
Councilmember Cunniff commended the changes and staff work.
Mayor Troxell discussed the importance of building confidence in people having additional
engagement while still remaining safe.
May 5, 2020
City of Fort Collins Page 504
Councilmember Summers stated he remains concerned, but the language is an improvement.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Emergency Ordinance No. 070, 2020, as amended.
Mayor Pro Tem Stephens stated passing these regulations is the right thing to do for the protection
of the community.
Councilmember Cunniff supported the regulation and stated current science around COVID-19
specifically shows that having people wear masks indoors will yield better health outcomes.
Mayor Troxell supported the regulation stating it helps to build confidence as business start to
reopen.
RESULT: EMERGENCY ORDINANCE NO. 070, 2020, ADOPTED AS AMENDED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
13. Resolution 2020-044 Appointing One Board Member Selected by the City to the Boxelder Basin
Regional Stormwater Authority Board of Directors and One Board Member Selected by Mutual
Agreement of Fort Collins and Larimer County. (Adopted as Amended)
This item is coming to Council based on Priority (6): Items that relate to funding, operations and
business activities. The expiration of a Boardmember term will leave a vacancy if no action is taken.
The purpose of this item is for Council to consider making appointments to the Boxelder Basin Regional
Stormwater Authority Board prior to its May 2020 meeting.
Councilmember Cunniff questioned the application and interview process for the joint City and
County representative. Theresa Connor, Utilities Interim Executive Director, replied former
Mayor Pro Tem Gerry Horak was the City representative and continuity of leadership was
considered valuable given negotiations on modifications to a stormwater facility and system;
therefore, he is set to remain. She has taken over the term of Martina Wilkinson who has been the
joint appointee for the City and County. There was no interview panel for these appointments.
Eric Sutherland discussed a notice his neighbor received regarding the Boxelder Stormwater
Authority condemning the fee interest in her property near the Budweiser plant. He opposed the
lack of a competitive process for these appointments.
Councilmember Cunniff suggested postponement of the item to allow for discussions with the
County regarding an interview process and timeline.
Councilmember Pignataro stated she would like more information on the complete makeup of the
Board and how members have been appointed in the past.
City Attorney Daggett stated the intergovernmental agreement among the entities that created the
Boxelder Stormwater Authority states that the City has an appointment and the City and County
have a joint appointment. There has been variation over the years regarding who made the
May 5, 2020
City of Fort Collins Page 505
appointments and there is a Code provision that requires Council to take action if a Councilmember
is appointed.
City Manager Atteberry stated Council can appoint anyone to the position and noted there has been
a plan, intergovernmental agreements, funding structures, and court proceedings involving the
Authority over the years. He opposed Mr. Sutherland's comments that the Authority has not been
well run.
Connor clarified the joint City and County appointment previously held by Martina Wilkinson
expired at the end of April and would therefore be vacant without an appointment being made.
The County did approve the appointment of Gerry Horak.
Mayor Troxell supported the appointment of Mr. Horak citing his guidance and leadership on the
Board. He also supported the appointment of Ms. Connor citing her technical leadership. He
noted these appointments were previously made by the City Manager and he views this Board as
being different than other boards and commissions.
Councilmember Cunniff stated he would like to see an appointment process for the joint City and
County seat. He supported Ms. Connor's appointment but suggested directing the City Manager
to engage with Larimer County to develop a process and timeline for interviewing and appointing
the joint member.
Councilmember Gutowsky agreed citing the “reimagining boards and commissions” process for
increasing diversity on boards.
City Manager Atteberry stated he would contact the County Manager regarding recruitment and
an interview process.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of this item until the conclusion of Item No. 15, Consideration of a Motion for
Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four
Previously Approved Annexations. Yeas: Gutowsky, Gorgol, Summers, Cunniff, Stephens,
Troxell and Pignataro. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council considered Item No. 15, Consideration of a Motion for Council to
Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously
Approved Annexations, at this point in the meeting then resumed consideration of this item.)
City Attorney Daggett provided the amendments to the Resolution language per the earlier
discussion.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2020-044 as amended.
May 5, 2020
City of Fort Collins Page 506
Mayor Pro Tem Stephens stated this amendment does not insinuate Mr. Horak has done a poor job
representing the City's interest on the Board; however, it is important to have an open process and
for Council to be aware of the skill set needed moving forward.
Mayor Troxell stated he was comfortable with Mr. Horak being the appointee and representing the
City's interest and stated it is likely he will end up being the nominee given the criteria for the
position. He stated he would not support the motion.
Councilmember Gutowsky stated she would support the motion citing the importance of the
process.
City Manager Atteberry stated he will discuss this with the County Manager and aim to model this
process after the Library District and other joint appointments.
Councilmember Cunniff agreed with that suggestion.
RESULT: RESOLUTION 2020-044 ADOPTED AS AMENDED [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers, Troxell
Motion to Suspend the Rules to Continue past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the
rules to continue past 10:30 p.m. to consider the remaining agenda items, any other business that
may come before Council, and the Electric Utility Enterprise Board meeting.
Mayor Troxell stated the executive session will be postponed to next week.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• DISCUSSION ITEMS
14. Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings
of Four Ordinances to Zone Four Previously Approved Annexations. (Adopted)
The purpose of this item is to consider adopting a motion to authorize an exception to Ordinance No.
061, 2020 adopted by Council on April 21, 2020, for the following zoning decisions related to the
referenced annexations:
• Ordinance No. 027, 2020, Assigning zoning for the Soldier Canyon Pump Station Annexation
(Second Reading)
• Ordinance No. 029, 2020, Assigning zoning for the Timberline-International Annexation No. 1
(Second Reading)
• Ordinance No. 031, 2020, Assigning zoning for the Timberline-International Annexation No. 2
(Second Reading)
May 5, 2020
City of Fort Collins Page 507
• Ordinance No. 033, 2020, Assigning zoning for the Timberline-International Annexation No. 3
(Second Reading)
Ordinance No. 061, 2020 authorizes certain types of remote meetings for quasi-judicial items but
specifically excludes decisions related to zoning. However, it also allows the Council by motion
approved by at least five Councilmembers to authorize exceptions to that exclusion. Staff considers
these four “in progress” zoning items as pressing and non-controversial, which may warrant an
exception to the ordinance. Colorado Revised Statutes Section 31-12-115 requires the zoning of an
annexation to be completed within 90 days of the effective date of the annexation ordinance.
Rebecca Everette, Building and Development Review Senior Manager, stated the purpose of this
item is for Council to consider the authorization of remote hearings for four previously annexed
properties within the City of Fort Collins. These zoning ordinances had been adopted on First
Reading for all four properties and are awaiting Second Reading.
Everette outlined the timeline for these annexations and noted there is a Colorado state statute
requirement that initial zoning for annexed properties must be assigned within 90 days of the
effective date of the annexation itself, which puts the timeframe at the end of May in these cases.
Staff has found the Second Readings of these ordinances are pressing due to the state statutory
timeframes and that remote technology would provide a sufficient opportunity for public
participation as there have been multiple opportunities for public participation in hearings related
to these items and in all cases the items have remained on Consent Agendas for both the Planning
and Zoning Board and City Council.
Councilmember Cunniff supported moving forward with the hearings for Second Reading
remotely given the items have consistently been on Consent Agendas.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that City Council
authorize remote participation in quasi-judicial hearings for the Second Readings of Ordinance
No. 027, 2020, zoning for the Soldier Canyon Pump Station Annexation, and Ordinance Nos. 029,
2020, 031, 2020, and 033, 2020, zoning the Timberline International Annexations 1-3, based on a
finding that the remote hearing of these zonings is pressing and requires prompt action due to
applicable state law regarding the time limits of the zoning of annexations, and that the remote
technology available for such hearings will provide sufficient public participation and input at such
hearings.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council resumed consideration of Item No. 13, Resolution 2020-044
Appointing One Board Member Selected by the City to the Boxelder Basin Regional Stormwater
Authority Board of Directors and One Board Member Selected by Mutual Agreement of Fort
Collins and Larimer County, at this point in the meeting.)
15. Exception for Remote Hearing of Hughes Rezoning (Adopted as Amended)
This item is presented to Council because it meets the following priorities: (3) Second Reading
Ordinances and (4) Items that are substantially complete, have completed significant public process,
May 5, 2020
City of Fort Collins Page 508
and are ready for Council consideration. These items are being brought forward to help ensure that
work does not have to be redone and can continue to move forward.
The purpose of this item is to consider an exception to Ordinance No. 061, 2020, adopted by Council
on April 21, 2020, to allow the Second Reading of Ordinance No. 138, 2019, regarding rezoning the
property included in the Hughes Stadium Annexation to proceed. Council adopted on First Reading
the Hughes Stadium property rezoning ordinance on a 4-3 vote on November 5, 2019 (Nays: Cunniff,
Gutowsky, Pignataro).
Ordinance No. 061, 2020, authorizes certain types of remote meetings for quasi-judicial items but
specifically excludes decisions related to zoning. However, it also allows the Council by motion
approved by at least five Councilmembers to authorize exceptions to that exclusion. In order for
Council to authorize the remote hearing of this rezoning, Council must find that hearing the rezoning
is pressing and requires prompt action and that the technology will provide for sufficient public
participation and input.
Rebecca Everette, Building and Development Review Senior Manager, stated this item gives
Council the option to consider authorization of a remote City Council hearing for the Hughes
Stadium Annexation Rezoning. This item was adopted on First Reading in November and is
awaiting Second Reading. She outlined the timeline of the various postponements of Second
Reading and noted staff is not providing a recommendation on this item; however, she noted the
Second Reading has been delayed multiple times, there has been extensive public outreach
including multiple neighborhood meetings, Planning and Zoning Board hearings, and the First
Reading hearing, and there is interest in completing the rezoning to provide a predictable path
forward for potential redevelopment of the property.
Mary Alice Grant discussed the importance of promises and commitments made when Residential
Foothills zoning was first introduced and discussed the importance of in-person public
participation for this item noting the community wants to be heard. She opposed allowing a remote
meeting.
Rory Heath requested this item be postponed to next week given the late hour. He noted Council
is meeting remotely because of COVID-19 and all items considered should be of an emergency
nature. Only after Council can meet in person should it consider non-emergency items such as the
Hughes Stadium property rezoning.
Beth Bee stated she has sent several emails regarding this topic and has only received responses
from two Councilmembers. She has lived on West Stuart Street for 28 years and requested Council
consider how this development will impact the quality of life for everyone who lives on the west
side of town.
Eric Sutherland suggested the citizen's rights of referendum should be considered stating they are
impossible to exercise at the present time. Public participation on this topic has been
extraordinarily one-sided and the majority should be able to exercise their right to the referendum.
Patricia Babbitt expressed concern regarding the remote meeting technology noting past
participation has brought forth full rooms of speakers. She opposed allowing consideration of the
item remotely.
Mayor Troxell asked if an in-person meeting could be accommodated with appropriate physical
distancing, masks, and having less than ten people in the room at one time. City Manager Atteberry
May 5, 2020
City of Fort Collins Page 509
replied that has been discussed from both a technology standpoint and a spacing standpoint and
staff believes it can be accommodated.
Councilmember Cunniff stated this item is different because of the high level of community
interest and he would support a hybrid type meeting as it would allow for the appropriate type of
dialogue. He commented on the time occupied by dealing with remote technology.
Mayor Pro Tem Stephens supported an in-person hybrid meeting as described.
City Attorney Daggett stated this motion and action would not be necessary if all Councilmembers
participating in the discussion were going to be present in Council Chambers; however, if one or
more Councilmembers will be participating remotely, Council would need to make a finding as
per Ordinance No. 061, 2020.
City Manager Atteberry clarified staff has been envisioning a situation in which Councilmembers
would all be present in Chambers and citizens would be allowed to participate either in person or
remotely.
Mayor Troxell questioned whether all Councilmembers would select to be present due to personal
considerations.
Councilmember Gutowsky opposed holding a solely remote meeting on the topic.
Councilmember Gorgol stated she would support a hybrid meeting.
Mayor Troxell discussed the importance of moving on with the business of the City.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that the City
Council authorize remote participation in quasi-judicial hearings for the Second Reading of
Ordinance No. 138, 2019, regarding the rezoning of the property contained in the Hughes Stadium
Annexation, finding that the remote hearing of this rezoning is pressing and requires prompt action
due to the multiple delays in hearing the Second Reading, the need to provide a predictable path
for future development of the property, and the high level of community interest in the property,
and that the remote technology available for such hearings will provide sufficient public
participation and input at such hearings.
Mayor Pro Tem Stephens stated she supports moving forward with this item given the multiple
delays and the hybrid meeting format.
Mayor Troxell asked if there had been any additional public comment received that was not
included in the read-before packet. City Clerk Coldiron replied she received two items, one from
Mary Alice Grant who read what she submitted during public participation earlier, and another
from Annette Lynch who was opposed to having a remote meeting.
Councilmember Pignataro stated she would not support the motion unless it is worded such that a
hybrid meeting is considered.
Councilmember Cunniff asked if the motion could be modified to require that a quorum of Council
be present in Chambers. City Attorney Daggett replied the exception could be approved with that
condition added to the motion language.
May 5, 2020
City of Fort Collins Page 510
Mayor Pro Tem Stephens and Councilmember Cunniff accepted adding language to the motion to
require that a quorum of Council be present in Chambers.
Councilmember Pignataro asked if adding that language automatically means that in-person public
comment would be available. City Attorney Daggett stated language could be added to indicate
that members of the public are allowed to attend the meeting in person.
Mayor Pro Tem Stephens and Councilmember Summers accepted that language.
Councilmember Gutowsky questioned the timing of the proposed hybrid meeting.
Councilmember Summers stated he would like to see the item considered sooner than later as there
would have been normal opportunity for public comment had the various early-on delays not
occurred.
Councilmember Gutowsky asked if having this meeting as a hybrid would automatically put an
end to Council's remote meetings. City Attorney Daggett replied Ordinance No. 061, 2020 allows
for remote participation during the local emergency on a meeting by meeting basis.
Councilmember Gutowsky asked if this would then apply to a special meeting only for the Hughes
item. City Attorney Daggett replied it would need to be a regular meeting as this is consideration
of Second Reading.
Mayor Pro Tem Stephens asked if the plan is to go forward with the meeting on May 19. City
Attorney Daggett replied in the affirmative and stated that was the date to which the item was
continued when it was last before Council; therefore, the item will either need to be continued
again on the 19
th
or the hearing will need to occur.
City Attorney Daggett read the full motion with the newly inserted language that requires a quorum
of Councilmembers being physically present in Council Chambers and provides for members of
the public being able to comment on the item in person.
Councilmember Cunniff stated he would support the motion but requested a follow-up memo
regarding options should citizens want to petition this decision. He would like information as to
timelines and practicalities related to the Code and Charter.
RESULT: MOTION ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
16. Resolution 2020-045 Authorizing the City Manager to Sign Intergovernmental Agreements with
Metropolitan Districts to Provide the City with Contractual Remedies to Enforce a District's
Approved Service Plan. (Adopted)
This resolution is presented to Council at this time because it facilitates the completion of one step in
the City’s process related to already approved service plans to secure one of the City’s enforcement
remedies now required in the City’s metropolitan district policy and in these approved service plans.
The purpose of this item is to authorize the City Manager to sign intergovernmental agreements with
May 5, 2020
City of Fort Collins Page 511
metropolitan districts to provide the City with contractual remedies to enforce a district’s approved
service plan.
In February 2019, City Council revised the City’s policy for reviewing the service plans of proposed
metropolitan districts to include a provision in the approved service plans that requires the metropolitan
districts to enter into an intergovernmental agreement with the City granting the City contractual
remedies to enforce the requirements and limitations of the service plan. These contractual remedies
are in addition to the statutory remedies the City is already utilizing to enforce service plans.
Josh Birks, Economic Sustainability Director, stated the City's metro district policy requires that
each district that is approved by Council execute an intergovernmental agreement with the City.
The intergovernmental agreements grant the City contractual remedies to enforce requirements
and limitations of the approved service plans. The remedies go farther than statutory remedies and
are part of the City's policy. Birks stated this action would allow the City Manager to sign the
intergovernmental agreements for currently approved service plans.
Eric Sutherland stated the agenda item summary makes it appear this item deals with five different
groupings of metropolitan districts. He questioned whether each individual metro district has its
own intergovernmental agreement or whether they are addressed in groups.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Resolution 2020-045.
Mayor Troxell requested staff address Mr. Sutherland's question. Birks replied the
intergovernmental agreements incorporate the approved service plans, which are approved as
consolidated service plans to serve the number of districts that are included.
City Attorney Daggett stated the intergovernmental agreements are being executed in the form that
they were provided when approved as part of the service plans. She assured Council that this
method of consolidating districts is very common.
RESULT: RESOLUTION 2020-045 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Consideration of a motion to adjourn the City Council meeting to conduct the Electric Utility
Enterprise Board meeting then return to the regular City Council meeting.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
recess this regular meeting to conduct the Electric Utility Enterprise Board meeting, then resume
later this evening upon the completion of that Enterprise Board meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
May 5, 2020
City of Fort Collins Page 512
Councilmember Gorgol asked about a memo from City Manager Atteberry related to internet
service at mobile home parks. City Manager Atteberry replied he has had a conversation with the
Poudre School District Superintendent regarding more sustainable options for connectivity for
school children particularly if students are not able to return to school in the fall. He noted the
District will not likely have a great deal of capital funding to put into solutions.
Colman Keane, Broadband Executive Director, stated mobile home parks are tough environments
to build out networks and his cost estimates are very preliminary.
City Manager Atteberry stated Connexion and Poudre School District staff will be meeting
regarding the needs and possible solutions.
Councilmember Gorgol asked how the City is enforcing Governor Polis’ no eviction and no
collection of late fees executive order. City Attorney Daggett replied the City is waiting for
additional information from the state, but an effort is underway to attempt to provide more updated
and helpful information for Fort Collins residents.
Councilmember Gorgol expressed concern about the length of time any complaint would take to
go through the state process.
• ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, May 12, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, May 12, 2020, for a possible executive session and
to consider such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 11:57 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk