HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 5, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and the April 14,
2020 Adjourned Council Meeting.
EXECUTIVE SUMMARY
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.
ATTACHMENTS
1. April 7, 2020 (PDF)
2. April 14, 2020 (PDF)
City of Fort Collins Page 449
April 7, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers
and staff attended the meeting remotely, via teleconference.)
• CALL MEETING TO ORDER
Mayor Troxell outlined the remoted participation procedures and highlighted the Fair Housing
Month Proclamation.
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there is an updated version of the Resolution for Item No. 15,
Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager
Pursuant to the Local Covid-19 Emergency Between March 31 and April 5, 2020.
• PUBLIC COMMENT
Rory Heath opposed allowing Council the ability to make decisions that are not related to life and
death matters during the pandemic. Every moment spent on non-essential decisions is a moment
that could be spent developing life-saving ideas.
Kevin Cross discussed a petition he sent to Council asking that Council direct City staff to include
Broadcom's greenhouse gas emissions directly in the City's greenhouse gas inventory. He read the
text of the petition and provided a reminder of the City's declaration of a climate emergency.
Mary Grant discussed the use of WebEx for the virtual Council meetings and stated the technology
is not properly allowing citizens to be heard. She opposed the use of virtual meetings for the
consideration of non-emergency items.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and discussed the essential nature of City
operations. He noted there are a number of ways in which City leaders can be contacted, including
by email and cell phone.
Councilmember Cunniff agreed Council needs to provide direction to staff related to Mr. Cross'
comments regarding Broadcom's greenhouse gas emissions; however, he stated he would withhold
any requests to do so until in-person meetings can occur.
April 7, 2020
City of Fort Collins Page 450
Mayor Pro Tem Stephens discussed Mr. Heath's implication that Council is allowing people to die
by performing its meetings. She opposed the use of that type of hyperbole, stating it does nothing
to further civil dialogue in the community.
City Manager Atteberry discussed the ways in which an item can be placed on a Council agenda
and stated the Leadership Planning Team and Council are very sensitive to the prioritization of
agenda items during this emergency.
Councilmember Cunniff requested the City Manager provide a memo summarizing those criteria
with respect to the various items it is recommended Council consider.
• CONSENT CALENDAR
Rory Heath withdrew Item No. 12, Resolution 2020-026 Authorizing an Amendment to the
Intergovernmental Agreement With Larimer County, Colorado for the Larimer County
Conservation Corps Energy and Water Program, from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the February 25, 2020 Adjourned Council
Meeting, the March 3 and March 17, 2020 Regular Council Meetings and the March 20, 2020
Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 25, 2020 Adjourned Council
meeting, the March 3 and March 17, 2020 Regular Council meetings, and the March 20, 2020 Special
Council meeting.
2. Second Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray
Market Marijuana Grant Revenue in the General Fund for Police Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 3, 2020, appropriates unanticipated
grant revenue in the amount of $345,227 from the Colorado Department of Local Affairs in the General
Fund to support investigation and prosecution of black-market marijuana activity.
3. Second Reading of Ordinance No. 043, 2020, Adopting Revisions to the Master Street Plan.
(Adopted)
This Ordinance, unanimously adopted on First Reading on March 3, 2020, amends the Master Street
Plan. The Master Street Plan (MSP) map serves as the official source for identification of street
alignments and classifications for the City. The map shows both existing and future street locations.
Updates to the map are done either through a request from a developer proposal or City initiated,
based on changing plans, functions or information. The requests are City-initiated, and include
amendments to the street system, add potential roundabout locations to the map, and update the
potential railroad grade-separated crossing locations. These requested changes are in addition to the
changes approved on January 14, 2020, for Montava.
April 7, 2020
City of Fort Collins Page 451
4. Items Relating to the 15-year Capital for the 2020 Epic Homes Loan Program. (Adopted)
A. Second Reading of Ordinance No. 047, 2020, Making a Supplemental Appropriation from the Light
& Power Fund to be Expended as Loans to Utility Services Customers Under the Epic Loan
Program.
B. Second Reading of Ordinance No. 048, 2020, Making a Supplemental Appropriation from
Unappropriated Prior Year Reserves in the Light & Power Fund to Make Debt Service Payments
Under the Vectra Bank Line of Credit for the Epic Loan Program.
These Ordinances, unanimously adopted on First Reading on March 20, 2020, appropriate funds for
the Epic Loan Program in 2020 for 15-year loan issuance to Fort Collins Utilities electric customers,
and anticipated debt service to third-party capital providers. The Epic Loan Program is part of the Epic
Homes comprehensive portfolio for single-family home performance for both owner- and renter-
occupied homes. These appropriations will cover 15-year loan agreements adopted on First Reading
on March 20 by the Electric Utility Enterprise Board and considered on April 7 for Second Reading and
are necessary to formally authorize the disbursement of funds for customer loans. For future years,
staff will include loan issuance and debt service as part of the biennial Budgeting for Outcomes
process. Contingent upon authorization of the 15-year loan agreements by the Enterprise Board, the
2020 appropriation for 15-year loan issuance is $1,600,000 and the appropriation for debt service is
$100,000.
5. First Reading of Ordinance No. 045, 2020, Appropriating Unanticipated Philanthropic Revenue
from New Belgium Brewing in the General Fund and Transferring it to the Capital Projects Fund
for the Poudre River Reach 4 Feasibility Study. (Adopted)
The purpose of this item is to appropriate $10,000 in philanthropic revenue in the General Fund for
transfer to the Capital Projects Fund for the Reach 4 Feasibility Study by Park Planning &
Development. The intent of the charitable gift, secured and facilitated by City Give, is designated by
the donor, New Belgium Brewing, in support of the Reach 4 Feasibility Study.
The Reach 4 efforts focus on the feasibility of completing the improvements as called out in the Poudre
River Downtown Master Plan. The Plan includes a conceptual site plan and cost estimate for Reach
4, located between the Whitewater Park and Linden Street. Reach 4 is particularly sensitive, as it is a
former Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site. The
study will help determine if/how the concept site plan and cost estimate provided in the Master Plan
should be adjusted, based on a more robust analysis of the site conditions and preferred
outcomes. These efforts will help inform a design and construction offer in the upcoming BFO
process.
6. First Reading of Ordinance No. 046, 2020, Appropriating Unanticipated Philanthropic Revenue
from Veterans Plaza of Northern Colorado in the General Fund and Transferring it to the Capital
Projects Fund for the Veterans Plaza Improvement Project. (Adopted)
The purpose of this item is to appropriate $10,752 in philanthropic revenue in the General Fund for
transfer to the Capital Projects Fund to be used for improvements at the Veterans Plaza in Spring
Canyon Community Park. The charitable gift, facilitated by City Give, was made by Veterans Plaza of
Northern Colorado. The charitable funding will underwrite the costs of improvements to construct a
new sidewalk from the parking area to Veterans Plaza and provide other site improvements.
7. First Reading of Ordinance No. 051, 2020, Authorizing the Sale of Real Property Located
Adjacent to the Utilities Service Center at 700 Wood Street. (Adopted)
The purpose of this item is to authorize the sale of City-owned real property located at approximately
525 North Whitcomb Street, adjacent to the City’s Utilities Services Center located at 700 Wood Street.
The property is a small offsetting portion of the Utility Service Center development and consists of
April 7, 2020
City of Fort Collins Page 452
1,680 square feet. The buyers are the owners of real property at 525 North Whitcomb Street. The sale
price is $6,720 and the proceeds will be placed in the Light and Power Fund.
8. First Reading of Ordinance No. 052, 2020, Authorizing the Conveyance of a Permanent Sanitary
Sewer Line Easement and a Temporary Construction Easement on Soaring Vista Natural Area
to South Fort Collins Sanitation District. (Adopted)
The purpose of this item is to authorize the conveyance of a permanent sanitary sewer line easement
and a temporary construction easement to South Fort Collins Sanitation District (SFCSD) on behalf of
Interstate Land Holdings, LLC (ILH) on Soaring Vista Natural Area. The proposed easement area
aligns with an existing sewer line easement held by South Fort Collins Sanitation District on the west
side of the natural area.
9. First Reading of Ordinance No. 055, 2020, Appropriating Prior Year Reserves and Unanticipated
Revenue in the General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services. (Adopted)
The purpose of this item is to appropriate $753,709, of which $441,944 is proposed for 2020 Cultural
Development and Programming Activities (Fort Fund), $48,198 is proposed for 2020 Tourism
Programming (Fort Fund), and $263,567 is proposed for 2020 Convention and Visitors Program
activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves
(unspent appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO)
cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue
collected in 2019 was $376,406 above projected collections.
10. First Reading of Ordinance No. 056, 2020, Making Supplemental Appropriations and a Transfer
from the Light & Power Fund to be Expended in Support of the Epic Homes Program. (Adopted)
The purpose of this item is to appropriate $118,135 in grant funds from Bloomberg Philanthropies and
interest earned on previous grant funds, as part of the Bloomberg Mayor’s Challenge, from the Fort
Collins Utilities Light and Power Fund to be expended for the ongoing project management and
operations of Epic Homes Program by Utility Services and the Economic Health Office (EHO) and to
pay a sub-grant to Colorado State University for indoor environmental quality research. The funds paid
to the EHO will be accomplished by a transfer from the Light and Power Fund. The Bloomberg
Philanthropies funds come from (1) the 2020 grant installment of $112,000 and (2) $6,135 in interest
earned on advanced Bloomberg Philanthropies funds as of December 31, 2019. Based on terms of
the Bloomberg grant agreement, all advanced grant funds are subject to accruing interest, with such
interest earned being reported on a semi-annual basis, and with such earnings used to further project
goals as demonstrated in the agreement among Bloomberg and the City.
The City Manager recommends these appropriations and has determined that the funds for them are
available and previously unappropriated from the Light and Power Fund and will not cause the total
amount appropriated in the Light and Power Fund to exceed the current estimate of actual and
anticipated revenues to be received in that fund during this year. In addition, the City Manager
recommends the transfer of the $14,956 from the Light and Power Fund to the General Fund to be
expended to cover the EHO’s costs in managing and operating the Epic Homes Program and
determined that the purpose for which the funds are to be expended remains unchanged, which
purpose is to support the Epic Homes Program.
April 7, 2020
City of Fort Collins Page 453
11. First Reading of Ordinance No. 057, 2020, Amending Section 2-568 of the Code of the City of
Fort Collins to Clarify Ethical Rules of Conduct to Address Employee Housing and Purchases
from the City. (Adopted)
The purpose of this item is to propose a Code change to clarify that the City Charter’s prohibition on
City employees purchasing property from the City was not intended to prevent employees from
compensating the City for the value of housing that they are required to live in as a condition of
employment. This would confirm Council’s expectations related to this issue and to clarify how these
kinds of housing arrangements relate to the Charter requirement.
12. Resolution 2020-034 Supporting the Grant Application for a Special Opportunity Open Space
Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Laramie
Foothills Conservation Project. (Adopted)
The purpose of this item is to adopt a resolution supporting the Laramie Foothills Conservation Project
and the City and County’s related grant application to the State Board of the Great Outdoors Colorado
Trust Fund (GOCO). GOCO is requesting the resolution from grant applicants to ensure that the
applicants are willing and able to financially participate if the grant is awarded.
13. Resolution 2020-035 Amending the Schedule and Process Adopted in Resolution 2020-027
Regarding the Recruitment and Selection of a Chief Judge. (Adopted)
The purpose of this item is to review and consider the Council Committee’s recommended
amendments to the previously adopted plan and target schedule for the recruitment and selection of
a Chief Judge.
14. Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City
Manager Pursuant to the Local Covid-19 Emergency Between March 31 and April 2, 2020.
(Adopted)
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager
between March 31 and April 2, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)(a)
of the City Code provides that the emergency rules and regulations must be confirmed at the earliest
practical time by the City Council. This Resolution seeks Council’s approval and ratification of the
emergency measures.
• END CONSENT
• STAFF REPORTS
A. COVID-19 Update. (staff: Jim Byrne)
Jim Byrne, Director of Emergency Preparedness and Security, discussed the extension of the state's
stay-at-home order through April 26 and the Governor's suggestion that people wear masks when
outside of the home. Staff has worked with the County Health Department to provide guidance
for the City's workforce regarding the wearing of masks. A group has begun sewing masks at the
Senior Center with donated materials.
Byrne stated the definition of essential businesses is driven by the Larimer County Health
Department, not the City. He noted City departments continue to manage their own daily
operations and managers and staff are being encouraged to be creative in providing community
services at the highest possible level.
April 7, 2020
City of Fort Collins Page 454
Byrne discussed the challenges of the utilization of the Northside Atzlan Center as a shelter. There
will be a management model change this week wherein the City staff will have more involvement
in day-to-day operations.
Byrne asked the community to be patient with City staff and stated staff will be introducing a tool
to City leadership to allow departments to adjust up and down the response scale and will help
managers see where their personnel and resources are depending on that response.
Mayor Troxell commended the work of City staff in the community.
Councilmember Pignataro thanked City staff for their work and requested additional information
as to guidance related to wearing masks, noting the recommendation seems to be that they are not
necessary for neighborhood walks, but are more necessary for trips to the grocery store. Byrne
replied that is consistent with the County Health Department recommendations and a good rule of
thumb may be to do what would make a neighbor comfortable.
Councilmember Pignataro asked about the guidelines for masks for restaurant employees. Byrne
replied they may provide some reassurance to customers; however, there can be some health
drawbacks to wearing a mask all day, especially in an environment where there is some exertion.
He will get a more thorough response from the County Health Department.
City Manager Atteberry stated he has asked Tom Gonzales, Larimer County Health Department
Director, about the requirements for those preparing food.
Mayor Troxell and City Manager Atteberry discussed the fcgov.com/coronavirus website and its
resources.
Police Chief Jeff Swoboda expressed appreciation for the cooperation of citizens in this time and
noted minor reports can be made online.
Councilmember Cunniff thanked Police Services employees and asked if officers would be able
to assist with enforcing stay-at-home orders if needed. Chief Swoboda replied Police Services is
in constant communication with the County Health Department to determine whether there are any
needs.
Beth Sowder, Director of Social Sustainability, thanked the community partners that have come
together to help support homeless individuals. The use agreement for the Northside Atzlan Center
shelter is being continued and additional facilities for isolation and quarantine for symptomatic
individuals are being examined.
Mayor Troxell discussed the importance of the use of the Atzlan Center.
Mayor Pro Tem Stephens thanked Sowder for her work. She asked if there is still need for people
to volunteer for the Adopt-a-Neighbor program. Sue Schaffer replied the program has been very
successful and there are currently around 280 volunteers that have signed up, been background
checked and trained, and about 40 people have asked for assistance and have been paired with
volunteers. Efforts now are around outreach to communities looking for help.
Councilmember Pignataro asked what type of assistance is offered through the program. Schaffer
replied basic services such as grocery shopping and picking up prescriptions are offered, as well
April 7, 2020
City of Fort Collins Page 455
as dog walking. The main purpose is to help people with immediate needs. There are also efforts
to ensure money is not an issue for people needing food.
Mayor Troxell noted a number of resources are available through the United Way of Larimer
County and requested a follow-up memo on that topic.
SeonAh Kendall, Senior Economic Manager, stated the first small business telephone town hall
was held yesterday and the second will be held Thursday, April 9 at 10:00 a.m. She noted the
meetings are simulcast in Spanish as well. A one-stop shop focusing on different funding
mechanisms is being set up with the Fort Collins Area Chamber of Commerce, Larimer County,
the Small Business Development Center, and Weld County.
Kendall noted there is a 60-day sales tax deferment in place for qualified businesses submitting
sales tax of $2,000 or less. She noted businesses do need to contact the Sales Tax Department to
coordinate the deferment.
B. Census 2020. (staff: Honore Depew)
Honore Depew, Senior Project Manager, stated the census is a constitutionally mandated count of
every person living in the United States and has occurred every ten years since 1790. He noted
the census can be completed on-line, via mail, or via phone and the process is easy and protected.
He also noted there is no citizenship question.
Depew stated the census helps distribute trillions of dollars of federal funds every year to help fund
things like roads, hospitals, schools, and other public needs. The count also determines political
representation.
Depew outlined adjustments being made to the census process in light of the COVID-19 outbreak
but noted self-reporting is the number one preferred method of response and the deadline has been
pushed to August 14. If households have not responded by about May 7, census takers will begin
follow-up efforts; however, they will not begin walking through the community until at least the
end of May.
Depew outlined what the City has been doing to raise awareness about the census and stated about
half of Fort Collins households have already completed the census with most responses being
provided online.
Mayor Troxell asked about the guidance for university students completing the census, particularly
given that most have returned home. Depew replied the official date for the census was April 1,
2020; therefore, students who live off campus and have returned home may be counted in a
different community. The blocks of students that are counted in student housing should still remain
counted as part of Fort Collins.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Stephens reported on her regular communication with the Poudre Fire Authority
Chief regarding the pandemic and stated she is confident fire fighters are doing what they need to
be doing to keep themselves and the community safe. She also reported Fort Collins is the recipient
of some of the multi-modal option funds from the North Front Range Metropolitan Planning
April 7, 2020
City of Fort Collins Page 456
Organization. The funds will go toward Laporte Avenue improvements, the Power Trail grade-
separated crossing, the West Elizabeth Corridor design project, and Transfort bus procurement.
Councilmember Gutowsky commented on the census, masks, and physical distancing. She also
commented on the decrease in air pollution.
Mayor Troxell commented on biweekly meetings with the Larimer County Public Health Director,
Tom Gonzales, weekly meetings with Representative Joe Neguse and meetings with Senators
Gardner and Bennet. He also discussed meetings with area Mayors regarding community impacts.
Mayor Troxell thanked the Councilmembers and City staff for their work.
• DISCUSSION ITEMS
15. Postponement of Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor
Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines to May 19,
2020. (Postponed to May 19, 2020)
Staff requests this item be postponed to May 19, 2020 in order to prioritize Council agenda items and
in light of the public participation expected for this item.
This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers,
Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and
Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area
located west of I-25.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone
consideration of the Second Reading of Ordinance No. 044, 2020 to May 19, 2020.
Mayor Troxell noted the postponement is to allow for more robust public input.
RESULT: POSTPONED TO MAY 19, 2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
16. Resolution 2020-028 Adopting the 2020 Strategic Plan. (Adopted)
The purpose of this item is to formally adopt the 2020 strategic plan, consistent with City Council
feedback at the February 25, 2020 work session. The adopted plan will guide the 2021 and 2022
Budgeting For Outcomes process.
City Manager Atteberry stated the Strategic Plan sets the tone and drives the next 5-year planning
process for the City.
Tyler Marr, Deputy Internal and Employee Services Director, noted the Strategic Plan is still a
keystone document regarding how things are approached moving forward. He discussed the robust
community outreach process that was completed in the fall that resulted in the final Plan which is
sorted by outcome areas. Within each outcome area are strategic objectives and attached metrics
to show how progress will be tracked.
April 7, 2020
City of Fort Collins Page 457
Marr discussed the new focus of resilience both during the pandemic crisis and in recovery after.
He noted the strategic objectives will remain a key guiding force in staff funding recommendations
for the upcoming altered budgeting process.
Councilmember Cunniff thanked staff for its work and stated this item is urgent and necessary
because of the implications for the upcoming budget cycle.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2020-028.
Mayor Pro Tem Stephens thanked Councilmember Cunniff for his comments and noted the
Strategic Plan is important for future planning for the community, including the budget. She
highlighted the importance of equity and inclusion, particularly during the pandemic.
Mayor Troxell noted the Plan is an important guiding document for the budget.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
17. Public Hearing and First Reading of Ordinance No. 053, 2020, Amending Chapter 26 of the Code
of the City of Fort Collins to Adopt a Water Shortage Action Plan (Previously Known as the
Water Supply Shortage Response Plan) and Making Various Related Changes. (Adopted on
First Reading)
The purpose of this item is to adopt into City Code by reference an updated Water Supply Shortage
Response Plan (WSSRP) for Fort Collins Utilities. The updated plan and updates to City Code Section
26-167(a) include: changing the name to the Water Shortage Action Plan (WSAP); adding new
sections to the Plan; changes and additions to various restrictions; changes to the structure of the
water restriction levels; and changes to the water rate increases during declared water shortages.
Mariel Miller, Utilities Senior Operations Specialist, stated the existing water supply shortage
response plan has been under review for about a year and a half. She defined a water shortage as
the lack of projected supply to meet projected demand, which is often caused by draught but can
also be caused by water quality or infrastructure issues. The plan has been in place in Fort Collins
since 2002.
Miller stated the objective of the review and update is to bring awareness to the community, to
identify changes that better the plan, to ultimately be more prepared for the next water shortage,
and to improve resiliency. She outlined the public engagement and outreach process that
contributed to the plan and stated the current approach to demand management while facing a
shortage aligns well with the community's priorities and values; however, some areas needing
improvement were identified. Miller discussed rate increases that may be associated with various
scenarios.
Councilmember Cunniff commended the consideration of moving away from base rate increases
to volumetric only which will help people manage their bills as closely as possible to the base rate.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 053, 2020, on First Reading.
April 7, 2020
City of Fort Collins Page 458
Mayor Troxell commended the plan and the volumetric rate proposal.
Councilmember Cunniff stated this item is urgent as summer is approaching and is the season
wherein a fully executed water demand management plan may be needed.
Councilmember Gutowsky asked if this has any alignment with the Halligan Reservoir project.
Miller replied there is no direct alignment; however, more available storage goes into the supply
equation.
RESULT: ORDINANCE NO. 053, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
18. Items Relating to Electric Assisted Bicycles on Paved Trails. (Adopted on First Reading)
A. First Reading of Ordinance No. 058, 2020, Amending Chapter 23 of the Code of the City of Fort
Collins to Allow and Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails.
B. First Reading of Ordinance No. 059, 2020, Amending the Fort Collins Traffic Code to Allow and
Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails.
The purpose of this item is to present two ordinances for Council consideration to update Fort Collins
City and Traffic Code to allow Class 1 and Class 2 e-bikes on City-paved trails.
In April 2019, Fort Collins City Council approved a one-year pilot program to allow Class 1 and Class
2 e-bikes on paved trails in Fort Collins. This one-year pilot program began May 1, 2019 and will end
April 30, 2020. Data and public input were collected during the pilot program, and staff has found no
major issues associated with allowing e-bikes on paved trails at this time. Research and the pilot
program indicate e-bikes provide mobility, sustainability, and health benefits, and can help achieve
Fort Collins’ Climate Action and transportation goals.
In conjunction with the recommendation to continue allowing Class 1 and Class 2 e-bikes on paved
trails, staff is also recommending strategies to ensure Fort Collins’ trail system remains a positive and
safe experience for all users as use increases, and to address concerns raised during the pilot
program.
Key takeaways from the pilot program include:
• The pilot program did not result in any major safety incidents associated with allowing e-bikes on
paved trails.
• Public feedback and input from City Boards and Commissions indicated more support for allowing
e-bikes on paved trails than opposition, particularly Class 1 e-bikes.
• Bicyclist speed observations showed an average bicycle speed of just under 12 miles per hour
(total of 1,157 bikes observed). Only 16 e-bikes were observed during the speed assessments
with an average speed of 15.63 mph.
• E-bike use is increasing though it remains a relatively small percentage of users on the trails today.
Trail count data from September showed 1.2% of bicyclists using e-bikes.
• Most E-bike owners reported bicycling more and replacing car trips with their e-bike.
April 7, 2020
City of Fort Collins Page 459
City Manager Atteberry stated this item is on the agenda as it has been discussed at length and has
been through the public vetting process with boards and commissions. Additionally, it is the end
of a pilot period.
Tessa Greegor, FC Bikes Program Manager, stated this item allows the City to determine its E-
bike regulations prior to the expiration of the one-year pilot program ordinance at the end of April.
Staff recommends allowing E-bikes on paved trails based on the results of the pilot program. E-
bikes provide a healthy and sustainable mobility solution for the community that can move the
City closer to its climate action and transportation goals.
Greegor detailed the two proposed ordinances and defined the E-bike classifications that would be
allowed. She discussed the pilot program noting it was supported by multiple City boards. Data
and feedback on safety, trail experience, and overall perspectives on allowing E-bikes on trails
was collected through trail and online surveys as well as through observations and feedback from
partner departments. There was clear support for allowing class 1 E-bikes on paved trails across
all surveys with the level of support slightly lower for class 2 E-bikes.
Greegor noted E-bike use remains a very small percentage of trail use, with just over 1% of cyclists
on E-bikes as estimated by trail counts. Staff has provided an alternative path for consideration to
just allow class 1 E-bikes on paved trails given the different opinions and levels of support. She
outlined plans for the future to limit concerns related to E-bike use on paved trails.
Councilmember Cunniff asked about speed enforcement options. Greegor replied one of the
challenges with enforcement relates to the capacity to enforce among the ranger staff. The
recommended approach has been to focus on education through FC Moves, Natural Areas, and the
Parks Department to address some of the behaviors among trail users.
John Stokes, Community Services Deputy Director, echoed Greegor's comments stating the focus
is on education and outreach and an “authority of the resource” approach to enforcement. He noted
many mountain bikers, for example, do a great deal of self-policing.
Councilmember Cunniff noted there is also the potential for non-electric assist bikes to have
speeding issues and he is skeptical there is not a speed problem that may need to be addressed with
enforcement. He requested some options along those lines at some point. City Manager Atteberry
replied that issue could be addressed as part of the budget process.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 058, 2020, on First Reading.
Councilmember Cunniff stated he remains concerned about this issue and the timeline with the
end of the pilot project is a reasonable explanation of why this is being considered. He noted three
boards recommended only class 1 E-bikes.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to amend the
Ordinance to allow only class 1 E-bikes on the City's paved trails.
Councilmember Cunniff stated his motion comes from data indicating E-bikes are significantly
faster and that pedal-assist bikes are less likely to get to the higher speeds.
April 7, 2020
City of Fort Collins Page 460
Councilmember Pignataro requested staff input regarding the classes of E-bikes. Greegor replied
there are a couple popular class 2 E-bikes; however, they are not typically parsed out by class when
sold. Anecdotally, around 60% of E-bikes sold in the U.S. are class 1.
Councilmember Pignataro stated she would not support the amendment at this time given the staff
information.
Councilmember Summers agreed with Councilmember Pignataro noting just over 1% of riders are
currently riding E-bikes and regular bikes can go well over 20 miles per hour. Monitoring,
evaluation, and education will be key and commended the staff efforts to that end. Generally,
users of E-bikes are those who physically need the assistance.
Councilmember Cunniff assked if people can self-certify they need electric assisted devices with
respect to use on the trails. Greegor replied in the affirmative.
Councilmember Cunniff stated people who feel they cannot be on trails without an assisted device
already have the right to use an assisted device.
Councilmember Gutowsky asked if there is a maximum speed limit on trails. Greegor replied
there is a courtesy speed limit of 15 miles per hour; however, it is not enforceable.
Councilmember Gutowsky asked if class 2 E-bikes can exceed 20 miles per hour. Greegor replied
both class 1 and class 2 E-bikes have top speeds of 20 miles per hour in terms of what the assist
will provide. She noted speed snapshots showed about a 12 mile per hour average on trails.
Councilmember Gutowsky asked about the reasoning certain boards recommended only class 1.
Greegor replied some boardmembers felt the throttle on the class 2 E-bikes start a slippery slope
of motorized vehicles. There was also a general perception of concern around safety and speed.
Mayor Pro Tem Stephens stated there does not seem to be much of a difference between the two
classes and she would like everyone to have the opportunity to enjoy the trails regardless of
mobility challenges. The pilot period did not seem to result in excessive concerns and neighboring
communities and the state have also allowed both classes on trails. The use of E-bikes rather than
cars is obviously helpful in other climate goals. She supported the original motion allowing both
classes.
Councilmember Gutowsky thanked Councilmember Cunniff for bringing up the topic and
extending the conversation for clarification.
Mayor Troxell stated he would not support the amendment as speed concerns are related to all
bicycles. He stated data does not support distinguishing between the two classes.
The vote on the amendment was as follows: Yeas: Cunniff. Nays: Gutowsky, Gorgol, Summers,
Stephens, Troxell and Pignataro.
THE MOTION FAILED.
Councilmember Cunniff stated he would not support the motion as the equity and access
arguments are not that strong given the expense of E-bikes. He also expressed concern about the
speed differential between E-bikes and regular bicycles. He would like to see stronger
April 7, 2020
City of Fort Collins Page 461
recommendations, perhaps even with radar, for certain more dangerous trail segments and stated
he would like the multi-use trails to remain so for people of all abilities.
Mayor Troxell stated he would support the main motion, but also concurred with Councilmember
Cunniff's safety concerns. E-bikes provide recreation and transportation options for more
community members.
Councilmember Gutowsky stated she would support the motion with the caveat that monitoring
occur and negative behaviors are corrected.
RESULT: ORDINANCE NO. 058, 2020, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 059, 2020, on First Reading.
Mayor Pro Tem Stephens stated it is important to pay attention to safety issues and she would like
to see effective monitoring and education involving bike shops and the cycling community.
Councilmember Gutowsky supported incorporating radar speed signs on the trails.
Mayor Troxell noted the ultimate objective is to provide safe multi-modal transportation.
RESULT: ORDINANCE NO. 059, 2020, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
19. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No.
054, 2020, Enacting Temporary Procedures to Authorize Remote Participation in Meetings to
Include Quasi-Judicial Hearings and Related Neighborhood Meetings and Board Meetings as
Needed to Complete Essential City Business. (Postponed to April 14, 2020)
The purpose of this Emergency Ordinance is to extend authority to conduct remote City Council
meetings to quasi-judicial hearings by Council and to City boards and commissions and administrative
hearing officers authorized to take quasi-judicial action under the City Code or the Land Use Code. It
also authorizes remote neighborhood meetings in the Development Review Process. Finally, the
Ordinance also addresses the use of remote participation by boards and commissions in order to
complete essential City business.
City Attorney Daggett reviewed the criteria for emergency ordinances, noting they are considered
immediately necessary, on account of an emergency, to preserve the public property, health, peace,
or safety. They require an affirmative vote of at least five Councilmembers, only require one
reading rather than two, and go into effect immediately. She noted Council adopted Emergency
Ordinance No. 054, 2020 on March 20 which authorized remote participation by Councilmembers
April 7, 2020
City of Fort Collins Page 462
in the way Council is participating this evening; however, it excluded the use of remote meeting
for quasi-judicial matters.
City Attorney Daggett stated this emergency ordinance would allow not only Council, but boards
and commissions and other City decision makers to consider quasi-judicial matters in a remote
setting if a finding is made that meeting in person is not prudent due to conditions related to a
declared local emergency. She outlined the definition of quasi-judicial matters and discussed
procedural due process.
City Attorney Daggett outlined additional elements included in this Ordinance that go beyond
Ordinance No. 054, 2020, such as allowing neighborhood meetings to take place using remote
technology, allowing board and commission meetings in certain instances that may not be quasi-
judicial, and certain technology amendments.
Rory Heath discussed the difficulties with remote technology and public participation stating his
comments were previously misrepresented. He e was not accusing Council of being Nazis; he did
not want Council to have a time at the end of this during which it felt it could have done more to
save lives. The process in place does not satisfy procedural due process as if even one person is
not able to give comments or speak, that is an issue. He expressed concern about comments being
missed due to audio cutting out.
Mary Grant expressed concern this ordinance would give Council the power to fast-track issues
such as the Hughes Stadium rezoning and the Harmony Gateway development at a time when full
public participation is not possible. Quasi-judicial business should be tabled until the community
can participate and be heard. Council's priority needs to be keeping people safe and opposed
adoption of the ordinance.
Councilmember Cunniff discussed a proposed amendment and expressed concern about the
wording related to quasi-judicial matters. He also expressed concern about the technology, noting
people cannot object in real time, for example. He suggested striking quasi-judicial and
neighborhood meeting portions and noted there has been no Council debate and no opportunity to
discuss the need for this item. It does create the impression Council wants to rush items through
the process.
Councilmember Pignataro asked what need has come up that put this change in motion. Mayor
Troxell replied this is a period of uncertainty with no guaranteed end date and land use is a
fundamental function of the City government and its operations. This action would enable these
and other quasi-judicial aspects of City government to function. He denied any type of fast
tracking and stated the technology is working well. This item would allow for normal operations
of key City functions.
City Attorney Daggett stated the original emergency ordinance was prepared on a very short
timeline and there was an effort at that time to get in place minimum necessary provisions to allow
Council to continue functioning. She clarified this ordinance only authorizes those proceedings
and does not require them.
Councilmember Gutowsky discussed the definition of an emergency ordinance and stated there
are equity issues in terms of who can participate in the web-based public comment.
April 7, 2020
City of Fort Collins Page 463
Mayor Troxell asked Tom Leeson, Planning, Development, and Transportation Deputy Director,
what types of items would normally go before the Planning and Zoning Board at this time of the
year and what types of items are in the immediate pipeline. Leeson replied there are currently six
items scheduled for the April Planning and Zoning Board hearing and three items scheduled for
the May hearing. He expressed concern the items will begin to stack up. The Zoning Board of
Appeals also has four items on the May hearing. Leeson stated development projects have
historically been relatively consistent from month to month.
Mayor Troxell stated the main point is to not diminish the ability for public comment and input
and stated there are always issues with public participation access, whether it be web-based or in
person.
Councilmember Pignataro asked if there is no opportunity to spread out the Planning and Zoning
Board agenda items. Leeson replied many of the projects going to hearing have been in the works
for several months, and in many cases, the hearing is the last step. He also noted some projects in
the queue, such as affordable housing and childcare projects, have specific funding and timing
issues.
Councilmember Pignataro requested additional information regarding Councilmember Cunniff's
suggested amendment. Councilmember Cunniff discussed his suggested changes.
Councilmember Pignataro asked how the ordinance with the changes would differ from the current
emergency ordinance in place. Councilmember Cunniff replied this ordinance would retain the
ability for boards and commissions to meet to consider urgent non quasi-judicial matters, for
example the CDBG Commission.
Councilmember Cunniff stated he would prefer staff craft a more narrowly tailored amendment
for Council consideration.
City Attorney Daggett stated there are quasi-judicial items considered by Council that are not
appeals.
Mayor Pro Tem Stephens expressed concern about the ordinance as written as the remote
participation technology has yet to be perfected. She preferred a more tailored ordinance, though
she acknowledged there may be some need for normal business to occur.
Councilmember Cunniff suggested the item could be tabled to allow the City Attorney time to
contemplate the feedback and tailor an amendment. City Attorney Daggett replied it may be
beneficial for staff to develop multiple versions of an ordinance. She stated she has heard concerns
specifically about appeals to Council as well as other quasi-judicial decisions.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of this item to the adjourned meeting of April 14
th
, 2020.
April 7, 2020
City of Fort Collins Page 464
RESULT: ORDINANCE NO. 060, 2020 POSTPONED TO APRIL 21, 2020 [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
20. Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With
Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water
Program. (Adopted)
The purpose of this item is to seek City Council approval of an amendment to an Intergovernmental
Agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County
Conservation Corps (LCCC) Water and Energy Program. The City of Fort Collins Utilities has
partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local
resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities
and Loveland Water and Power. By the end of the 2019 spring season, LCCC crews assessed over
3,500 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its
success, the Program is now part of Utilities Affordability Portfolio and provides a mechanism for low
to moderate income customers to control home energy use and costs.
Rory Heath withdrew his request to comment on this item.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2020-026.
Mayor Pro Tem Stephens noted this is a good news item that aligns with a number of City goals.
RESULT: RESOLUTION 2020-026 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
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 Cunniff, to adjourn the
City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the
Council meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Motion to Extend the Meeting past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the
Council rules to continue the meeting past 10:30 p.m. to consider any items that may come before
Council.
April 7, 2020
City of Fort Collins Page 465
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Consideration of a motion to adjourn into executive session relating to broadband issues.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that City
Council go into executive session to consider matters pertaining to issues of competition in
providing telecommunication facilities and services including, without limitation, matters subject
to negotiation, strategic plan, price, sales and marketing, development phasing and any other
matter allowed under Colorado Law, as permitted under Article XX, Section 7(d) of the City
Charter and Section 2-31(a)(5) of the City Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Council went into executive session at this point in the meeting and returned at 11:30 p.m.)
Councilmember Summers asked about the possibility of changing tiered utility rates, given the
number of people currently working from home.
Councilmember Cunniff suggested getting some analysis of Utilities finances and noted there are
some concerns about the rate changing to summer hours. Mayor Troxell agreed.
Motion to Adjourn to April 14, 2020
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adjourn to
6:00 PM on April 14, 2020.
RESULT: ADOPTED [6 TO 0]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
AWAY: Gutowsky
• ADJOURNMENT
The meeting adjourned at 11:41 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 466
April 14, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
(Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers
and staff attended the meeting remotely, via teleconference.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Coldiron
1. Items Relating to Remote Participation in Certain Meetings. (Adopted on First Reading)
A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No.
054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings.
Or
B. First Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance
No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings.
The purpose of either the Emergency Ordinance or Ordinance No. 061, is to authorize certain types
of remote meetings in light of the declared local emergency. As published, both Ordinances allow
remotely conducted City Council meetings and certain quasi-judicial hearings by Council, City boards
and commissions and administrative hearing officers. The types of quasi-judicial items that can be
considered remotely are limited and exclude zoning decisions, appeals and additions of permitted use.
The Ordinances also authorize remote neighborhood meetings in the Development Review Process.
Finally, the Ordinance also permits remote participation by boards and commissions in order to
complete essential City business.
To authorize these remote meetings and hearings, Council may choose to adopt the Emergency
Ordinance, which goes into effect upon adoption, or alternatively may choose to adopt Ordinance No.
061 on First Reading, which would then be presented for consideration on Second Reading at the next
Council meeting and if adopted, would be effective in May.
Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority
for any quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or
any neighborhood meetings.
City Attorney Daggett discussed the specific authority for emergency ordinances as provided in
the City Charter. She outlined the previously adopted Emergency Ordinance No. 054, 2020, which
has allowed for Council to meet remotely to consider non-quasi-judicial matters.
City Attorney Daggett outlined the two alternate ordinances presented for Council consideration.
Emergency Ordinance No. 060, 2020 would enact additional ability to have remote hearings and
meetings, would allow for certain remote quasi-judicial hearings, but would not allow for remote
hearings of appeals of any decisions, initial zonings or rezonings, or addition of permitted use
applications. It would also allow neighborhood meetings to be conducted remotely and would
allow boards and commissions to meet remotely to carry out essential City business. As with all
emergency ordinances, it would only have one reading and would go into effect immediately if
approved. The alternate version of the ordinance, Ordinance No. 061, 2020, would do the same
April 14, 2020
City of Fort Collins Page 467
thing, but is a regular ordinance rather than an emergency ordinance; therefore, it would have two
readings and would go into effect ten days after second reading, if approved.
Tom Leeson, Planning, Development, and Transportation Deputy Director, stated the primary
boards that would be affected by these changes would be the quasi-judicial Planning and Zoning
Board, Landmark Preservation Commission, Zoning Board of Appeals, Building Review Board,
and Type 1 Administrative Hearings. These boards' decisions include the approval, denial, and
recommendations for most land use and development projects, historic landmark designations,
variances that go before the Zoning Board of Appeals, and contractor licensing issues that go
before the Building Review Board. Construction activity and associated business has been deemed
an essential service under both the state and county stay-at-home orders and staff believes allowing
the quasi-judicial hearings and neighborhood meetings to occur remotely will help to mitigate
long-term economic impacts and maintain some predictability for development projects. There
are several projects, such as affordable housing and childcare projects, for which the timing of
funding is critical.
Leeson outlined the items that have been excluded from the proposed ordinances, including
appeals of all types, initial zoning and rezoning applications, and addition of permitted use
applications. Staff feels confident all standard hearing procedures can be handled remotely and
noted there are multiple options for public participation in both hearings and neighborhood
meetings.
Leeson outlined the agenda items that are pending before the quasi-judicial boards and summarized
the two alternate ordinances.
Michelle Haefele encouraged Council to adopt an option dealing with items that are only critical
to this emergency. She discussed the difficulties in attending meetings virtually and she has
received no responses to any of her recent emails. She noted the most marginalized community
members do not even have phones to call their representatives and access to public meetings is
critical to democracy.
Councilmember Cunniff opposed the emergency version of the ordinance, stating items outlined
therein are not necessary to protect the public property, health, peace, or safety. While land use
decisions are an essential function of the City, the ordinance provides a much broader set of
parameters by which some decisions can be carried out. He supported including the language
related to the consideration of matters deemed pressing by the Mayor and City Manager, including
for the non-quasi-judicial items. He expressed concern about the technology and stated he would
like the ordinance to include safeguards related to the board or commission being able to postpone
a meeting if it feels the technology is not working properly. He would also like to ensure ways of
participation that are not computer-based.
Mayor Troxell stated it is essential that the City continue as many processes as possible to keep
City functions moving. He noted land use is a critical function of the City and stated neighborhood
meetings and board and commission meetings support that critical function. The United States
Supreme Court is also moving to a remote platform and all services related to construction,
banking, and housing have been deemed critical, therefore requiring support from the City
government. An emergency could be in place for quite some time and applicants have rights to
have their items addressed through the appropriate processes.
April 14, 2020
City of Fort Collins Page 468
Mayor Troxell asked when it would be deemed appropriate for an emergency ordinance to be
lifted. City Attorney Daggett replied the ordinance does call for a determination that it wouldn't
be prudent for Council to meet in person; therefore, even if an emergency is still in progress, there
may be a point at which it is no longer a concern for Council to meet in person in Council
Chambers. She also noted the ordinance is set to only be in effect while there is a local emergency
declared.
Mayor Pro Tem Stephens thanked Ms. Haefele for her comments and stated public comment is
important to the decision-making process. There is no clear end date to this emergency and public
comment may not look like it has in the past any time soon. She also noted items in the pipeline
include day care centers, affordable housing, and senior housing. She supported ensuring phone
access as well as web access.
Councilmember Summers supported the language of the ordinance and stated ensuring technology
is in place is an administrative function, not a policy function. Online participation may provide
opportunities to expand public input. He commended the staff work on the ordinance.
Councilmember Pignataro stated she supported Emergency Ordinance No. 054, 2020 because it
did not include any quasi-judicial decisions. She would not be comfortable voting for this as an
emergency ordinance at this time and expressed concern about the use of a new technology
platform for the second reading of a regular ordinance. While she agreed the technology piece is
administrative, she stated she does not trust that aspect as the entire platform is changing. She
preferred to have a process wherein any quasi-judicial matter would go through its own process to
determine whether it should be a remote discussion item. An in-person discussion cannot be
replaced.
Councilmember Gorgol stated she understands the concerns with quasi-judicial items; however,
there are essential items that need to move forward. There are also barriers to in-person Council
meetings. She supported moving forward with limited quasi-judicial items as presented in the
ordinances.
Councilmember Gutowsky expressed concern about the technology issues. She would be more
comfortable with the regular ordinance.
Mayor Troxell questioned what a fair expectation would be for applicants seeking to be heard for
the excepted items such as additions of permitted use and appeals.
Councilmember Cunniff stated they could be handled one at a time to determine the level of
urgency.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 061, 2020, on First Reading.
Mayor Pro Tem Stephens stated she was not necessarily opposed to an emergency ordinance;
however, the items may not technically fall within the definition of an emergency ordinance. This
will aid in moving some land use decision making forward and agreed that certain quasi-judicial
matters could be heard if deemed vital.
City Attorney Daggett noted there is currently a provision in the appeals section of the Code that
allows the City Manager, in the event of scheduling difficulties, to request an extension of time to
April 14, 2020
City of Fort Collins Page 469
hear the appeal. Additionally, a board would always have the option to postpone an item if it
deemed a fair hearing could not be held. She noted the proposed ordinance is written such that the
business to be considered by a board or commission is deemed essential.
Mayor Troxell asked how items are identified as being essential. City Attorney Daggett replied
the process requires the City Manager, or his designee, in consultation with the chair of the board
or commission and the Council Liaison to the board or commission, determines that meeting in
person would not be prudent and that the business to be conducted is essential.
Councilmember Cunniff stated he would support the motion on First Reading but suggested the
following changes for Second Reading: reconciling the Council determination and the board and
commission determination for non-quasi-judicial items with the same verbiage, such as urgent,
pressing, and necessary, including a reference to the fact that a board could postpone consideration
of an item if it deems a fair hearing cannot be conducted, and making it mandatory that if
technology is breaking down during a quasi-judicial hearing that the hearing be postponed to a
date certain when the technology issues can be resolved.
Mayor Troxell questioned what Council would like to communicate regarding items that are
currently scheduled for appeal hearings. There is an issue of public trust and the City should
function under its full land use provisions, including quasi-judicial items.
Councilmember Cunniff stated he does not believe Council should hear any items prior to the
effective date of the ordinance. For applications in the pipeline prior to the emergency declaration,
he suggested the City Attorney draft language for individual items deemed urgent suspending the
quasi-judicial rule.
Mayor Troxell questioned whether that would be workable in terms of notice requirements. City
Attorney Daggett replied something may need to be written into this ordinance that would
recognize that mechanism as Council cannot typically override something that has been approved
by ordinance with a motion. She suggested language be crafted as part of an amendment for
Council to consider next week.
Councilmember Summers supported the motion and encouraged using caution regarding
judgements placed on whether the technology is accurate. He opposed every item coming before
Council before it could proceed.
Councilmember Cunniff stated he was not intending for Council to make decisions about whether
a board item would be heard; he was intending for the majority of the board to decide both in the
case of technology issues or items which seem to be turning into controversies. He could support
an amendment, depending on the details, that lays out a set of criteria by which Council could
consider hearing an appeal either as an amendment to this ordinance or as part of a subsequent
ordinance.
City Attorney Daggett stated staff will work on language addressing the issue.
Councilmember Pignataro stated she would oppose the ordinance as so many amendments are
required.
Mayor Troxell stated he would support the motion and discussed the importance of creating a level
of certainty for all involved.
April 14, 2020
City of Fort Collins Page 470
Mayor Pro Tem Stephens discussed the importance of enabling public participation and
transparent government while still figuring out how to keep the City running during an
unprecedented time.
Councilmember Gutowsky stated she would support the motion but is looking forward to the
amendments for Second Reading.
City Clerk Coldiron commented on the public feedback regarding the technology and stated more
prominent instructions will be provided for the new platform.
RESULT: ORDINANCE NO. 061, 2020, ADOPTED ON FIRST READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
NAYS: Pignataro
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone
consideration of Emergency Ordinance No. 060, 2020, indefinitely.
RESULT: ORDINANCE NO. 060, 2020, POSTPONED INDEFINITELY [Unanimous]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff, Pignataro
• OTHER BUSINESS
Councilmember Pignataro thanked City Manager Atteberry for his memo related to which items
are being considered during the emergency declaration. She assumed each agenda item will
include a bulleted list of the reasons it is being heard. City Manager Atteberry replied that has
been discussed and will be included on the next agenda.
• ADJOURNMENT
The meeting adjourned at 7:19 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk