HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 19, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the April 21, 2020 Regular Council Meeting and the April 28,
2020 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the April 21, 2020, Regular Council meeting and the
April 28, 2020, Adjourned Council meeting.
ATTACHMENTS
1. April 21, 2020 (PDF)
2. April 28, 2020 (PDF)
City of Fort Collins Page 471
April 21, 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.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
Mayor Troxell outlined the remote meeting participation options and directions.
City Manager Atteberry stated there is an updated version of Resolution 2020-038 for Item No.
19, Resolution 2020-038 Approving Emergency Rules and Regulations Enacted by the City
Manager Pursuant to the Local COVID-19 Emergency Between April 6 and April 1617, 2020. He
also noted the motion to adjourn the Council meeting to conduct the Electric Utility Enterprise
Board meeting was moved to the first item under Other Business.
• PUBLIC COMMENT
Kevin Cross, Fort Collins Sustainability Group, discussed Item No. 15, First Reading of Ordinance
No. 062, 2020, Appropriating an Unanticipated Charitable Donation to the City from Broadcom,
Inc. to be Used for COVID-19 Relief. His group would like to ensure Council is not influenced by
the donation when it considers whether or not to hold Broadcom fully accountable for its F-gas
emissions the next time Council is able to meet in person. He discussed the greenhouse gas
emissions produced by Broadcom and its social cost, which is the monetary value of the damage
to society resulting from climate change.
Ted Walkup, Poudre Canyon Group of the Sierra Club, expressed support for the City's Climate
Action Plan and its efforts to reduce greenhouse gases. A thorough reporting of all emissions is
necessary for the credibility of the Plan and the City. He discussed the F-gas emissions from
Broadcom stating those emissions account for 8-9% of Fort Collins' greenhouse gas emissions and
they have heretofore not been included in the city's inventory of greenhouse gases.
Nancy York questioned whether the City monitors evictions and foreclosures that are resulting
from the current economic situation due to COVID-19. She expressed concern about the effect of
air pollution on adjoining neighborhoods that will result from the Vine and Lemay overpass. There
may be a better use of the funds slated for the project at this point.
Eric Sutherland discussed the recent report on the status of Connexion broadband, stating it was
misleading.
Caroline Steinbricher discussed the need for hotel rooms to be provided for essential workers who
may not be able to live at home due to immune-compromised individuals at the home. She
questioned why state funding that was promised for this use has not been utilized in Fort Collins.
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• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted $75,000 of Broadcom's charitable
donation will be distributed to three community partners: Neighbor to Neighbor, New Belgium
Bar and Restaurant Relief Fund, and the Poudre School District. The remaining $25,000 will be
used to support City efforts across its service areas, departments, and programs to include Adopt
a Neighbor, Safety and Risk Management, Social Sustainability, and to launch a childcare for
essential employees, specifically police and first responders. There is no connection between this
donation and Broadcom's operations.
Mayor Troxell discussed the standards followed by the City for its greenhouse gas reporting,
noting F-gases are reported at the state level. Evictions and foreclosures are not tracked by the
City but noted there are resources on the City's webpage for individuals with income needs.
Regarding the Vine and Lemay overpass, he stated the project will be an enhancement for the
Andersonville neighborhood as vehicles are currently idling and driving right through the
neighborhood.
Mayor Troxell encouraged citizens to read the Connexion report and stated the suggestion made
by Governor Polis that hotels could be funded to help house essential workers does not include a
policy for its implementation in Fort Collins.
Councilmember Cunniff stated he would be addressing the F-gas issue during the Consent
Calendar follow-up.
Councilmember Gorgol asked if eviction data could be garnered from the County. City Manager
Atteberry replied he would follow up.
Councilmember Gorgol asked if Neighbor to Neighbor can provide funds for hotels or if that is
only a rent assistance program. Jackie Kozak-Thiel, Chief Sustainability Officer, replied Neighbor
to Neighbor rental assistance could be made available to help pay for hotels; however, the person
in that situation needs to be making no more than 80% area median income.
Mayor Pro Tem Stephens discussed the eviction prevention program through Neighbor to
Neighbor and stated the program has provided 84 Fort Collins households approximately $59,000
in rent assistance thus far in April.
City Manager Atteberry noted the Vine and Lemay overpass has yet to be finalized and will likely
be part of the 2021 budget. If approved at that time, construction would likely begin in about a
year.
Councilmember Cunniff noted particulate pollution remains a Council priority. He asked if an
analysis of particulate pollution in the Andersonville neighborhood has occurred. City Manager
Atteberry replied he will confirm that and ensure staff follows up with Ms. York.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items on the Consent Agenda.
April 21, 2020
City of Fort Collins Page 473
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes From the March 31, 2020, City Council Adjourned
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the March 31, 2020, adjourned Council
meeting.
2. Postponement of Second Reading of Ordinance No. 027, 2020, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map to May 19, 2020.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
Postponement of this item to May 19, 2020, is requested to allow time for the stay-at-home order to
be lifted and allow for in-person public participation in quasi-judicial matters.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon
Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City
of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The
proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the
existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar
Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills
(R-F). Staff also recommends placement into the Residential Neighborhood Sign District.
3. Postponement of Second Reading of Ordinance No. 029, 2020, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map to May 19, 2020.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
Postponement of this item to May 19, 2020, is requested to allow time for the stay-at-home order to
be lifted and allow for in-person public participation in quasi-judicial matters.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the first of three sequential annexations, known as the Timberline-International Annexation
No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and
International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The
surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in
Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density
Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
April 21, 2020
City of Fort Collins Page 474
4. Postponement of Second Reading of Ordinance No. 031, 2020, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map to May 19, 2020.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
Postponement of this item to May 19, 2020, is requested to allow time for the stay-at-home order to
be lifted and allow for in-person public participation in quasi-judicial matters.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the second of three sequential annexations, known as the Timberline-International
Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North
Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is
Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial
Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is
zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-
way. Staff also recommends placement into the Residential Neighborhood Sign District.
5. Postponement of Second Reading of Ordinance No. 033, 2020, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map to May 19, 2020.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
Postponement of this item to May 19, 2020, is requested to allow time for the stay-at-home order to
be lifted and allow for in-person public participation in quasi-judicial matters.
This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property
included in the third of three sequential annexations, known as the Timberline-International Annexation
No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and
International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The
surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in
Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density
Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
6. Second Reading of Ordinance No. 042, 2020, Reappropriating Funds Previously Appropriated
in 2019 But Not Expended or Not Encumbered in 2019. (Adopted)
Prior to the Second Reading of this Ordinance, the 2020 Reappropriation requests were reviewed
again in light of tightening revenue due to COVID-19. The Executive Lead Team evaluated each
request to determine if they were either recovery-related or contractually binding. This additional
review removed 12 requests and reduced the amount within another one, as detailed in the
Background/Discussion section of this Agenda Item Summary. The items being removed from
consideration are still important but did not pass the additional scrutiny required in this challenging
economic time.
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City of Fort Collins Page 475
This Ordinance, unanimously adopted on First Reading on March 3, 2020, reappropriates monies in
2020 that were previously authorized by Council for expenditures in 2019 for various purposes. The
authorized expenditures were not spent or could not be encumbered in 2019 because:
• there was not sufficient time to complete bidding in 2019 and, therefore, there was no known vendor
or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed
during 2019 and reappropriation of those dollars is necessary for completion of the project in 2020,
or
• the funds appropriated to be spent in 2019 to carry on some of the programs, services, and facility
improvements were not spent or encumbered in 2019 for other reasons but continue to be needed
for the same purposes in 2020.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2019 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows (updated prior to Second
Reading):
General Fund $199,008
Keep Fort Collins Great Fund 7,500
Transportation CEF Fund 1,750,000
Transportation Fund 50,000
Data and Communications Fund 214,125
Total $2,220,633
7. Second 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)
This item is coming to Council on Second Reading because it is necessary to move the project forward.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, appropriates $10,000 of
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.
8. Second 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)
This item is coming to Council because the appropriation of the funds is the sole source of funding for
improvements to Veteran’s Plaza. The improvements are to be completed prior to Memorial Day, May
25, 2020, as Veteran’s Plaza of Northern Colorado hosts a memorial event at this location annually.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, appropriates $10,752 of
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
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the costs of improvements to construct a new sidewalk from the parking area to Veterans Plaza and
provide other site improvements.
9. Second Reading of Ordinance No. 051, 2020, Authorizing the Sale of Real Property Located
Adjacent to the Utilities Service Center at 700 Wood Street. (Adopted)
This item is coming to Council on Second Reading because it is necessary to move the agreement
forward in order to complete the transaction and receive the sale proceeds.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, authorizes 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 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.
10. Second 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)
This item is coming to Council on Second Reading. Council authorization is the final step after more
than a year of negotiations related to easement terms and finalizing the language of the agreement.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, authorizes 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.
11. Second 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)
This Second Reading is necessary to continue the public process and ensure the updated Water
Shortage Action Plan can be utilized when responding to future water shortages.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, adopts 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.
12. Second 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)
This item is coming to Council at this time as a Second Reading Ordinance. It relates to funding
activities that must move forward in a timely way. Specifically, per the City’s contract with Visit Fort
Collins for convention and visitor services the payment must be made by the City in May. For Fort
Fund, the appropriation fulfills the 2020 grant disbursement requirements. The review is in progress
and being reviewed by the Cultural resources Board in April.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, appropriates $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
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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.
13. Second 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)
This item is coming to Council on Second Reading. The appropriation of these grant funds is
necessary to enable Utilities and Economic Health to move forward with project management and
operations for the Bloomberg Mayors Challenge grant project (the Epic Homes program). Epic Homes
is a streamlined, affordable approach for single-family home and rental property energy efficiency
upgrades to improve comfort, health and efficiency in Fort Collins.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, appropriates $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.
14. Second 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)
This item is coming to Council as a Second Reading. It is high priority as it will allow immediate
housing of an employee who will serve as a caretaker on a large remote property to help protect the
valuable recently acquired assets.
This Ordinance, unanimously adopted on First Reading on April 7, 2020, amends City Code 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.
15. First 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.
The purpose of this item 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.
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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.
16. First 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 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.
17. First 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)
The purpose of this item is to delay 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.
18. Resolution 2020-037 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, the City of Loveland, and the Town of Estes Park for Shared Broadband
Technical and Network Support Services. (Adopted)
This item is coming to Council at this time due to the critical importance and timing for establishing a
working technical support call center for Estes Park and Loveland.
The purpose of this item is to consider an intergovernmental agreement (IGA) for shared broadband
technical and network support services between the City of Fort Collins, Loveland, Estes Park and
additional Colorado governmental entities. This IGA is the second step in arranging for such shared
services currently operated by the City for its own benefit. Completion of the IGA to share these
services will provide revenue to partially support those services benefitting the Fort Collins Connexion.
19. Resolution 2020-038 Approving Emergency Rules and Regulations Enacted by the City
Manager Pursuant to the Local COVID-19 Emergency Between April 6 and April 16, 2020.
(Adopted)
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager
between April 6 and April 16, 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
• CONSENT CALENDAR FOLLOW-UP
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Councilmember Pignataro stated staff provided some alternatives regarding F-gases and she may
bring up the topic once Council is back to a more normal meeting situation. She provided
assurance that the Broadcom monetary donation and F-gas emissions are not related.
Councilmember Pignataro asked what hardships are postponing the implementation of
environmental initiatives related to Item No. 17, First 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, and Emergency Regulation No. 2020-011 that suspended the City Code to require solid
waste collectors to do curbside pickup from April to June.
City Manager Atteberry discussed the transparent giving process that is part of City Give, stating
there is no relation between the Broadcom gift and any potential forthcoming emissions regulations
or accounting.
Deputy City Manager Mihelich stated there are a number of reasons solid waste haulers have
requested certain concessions. The amount of residential waste has increased significantly, and
retail waste has decreased significantly during the COVID-19 crisis, to the point where retail
customers are cancelling service. Additionally, haulers would also need to acquire additional
equipment for multi-family recycling and curbside pickup of green waste and are concerned that
if any equipment breaks down during the crisis, they would have significant challenges getting
parts. Haulers are also concerned about having their staff do this extra work right now considering
the challenges they are having keeping up with residential solid waste. They are willing to provide
the multi-family recycling and curbside green waste pickup once the crisis is over.
Councilmember Cunniff shared Councilmember Pignataro's concerns and requested staff continue
to engage with haulers to ensure progress is being made toward zero waste goals.
Councilmember Cunniff questioned what could be done to structure company donations such that
an intentional or unintentional perception is not created that could affect future decision making
by the City. He requested some thought go into the topic.
Mayor Troxell noted City Give does provide transparency but agreed there could be some work
done. City Manager Atteberry replied having a conversation with the Council Finance Committee
could be a good start but noted he would never want the judgement of the City, Council, or donor
companies to be questioned.
Councilmember Summers took exception with Mr. Cross' inference regarding Broadcom's
donation. He stated the City and its residents should not be anything but grateful for businesses
that are stepping up during these challenging times to partner with the City in a transparent way.
• STAFF REPORTS
A. COVID-19 Update (staff: Jim Byrne)
Jim Byrne, Emergency Management Director, stated there has been little direction from the
Larimer County Health Department regarding the potential lifting of the stay-at-home order on
April 27 as they are likely waiting for clarification from the Governor and state. The City is
preparing for a stepped down approach involving as much agility and fluidity as possible. The
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focus for the first phase will involve how to bring back employees and how to maintain and
enhance operations.
Mayor Pro Tem Stephens asked about the best place for citizens to get updates about what may
have changed in the past 24 hours. Byrne replied regular messaging is being pushed out through
the City's Communications and Public Involvement Office. City Manager Atteberry stated the
City's online newsletter is updated daily and the best daily source of information is at fcgov.com.
If an individual does not have web access, they should call the City Manager's Office and staff will
ensure information is provided.
Mayor Troxell asked how people can volunteer to provide assistance. City Manager Atteberry
replied the Adopt a Neighbor program can be accessed through the City's website and the United
Way of Larimer County is another source.
Councilmember Cunniff encouraged the Mayor and City Manager to ensure the state remains in
control of the messaging as this is only a modification of the stay-at-home safety measures that
have been undertaken. He also encouraged the continuation of a focus on testing.
Mayor Troxell noted it is imperative for all citizens to continue to practice physical distancing,
wear masks, and not gather in large groups.
Councilmember Gutowsky stated she has received a number of emails from constituents asking
about the exit plan for Northside Atzlan Center and associated tent area. City Manager Atteberry
replied staff has developed a general exit plan and that will be shared on the City's webpage. He
also stated he intends for the City organization to lead by example and remain doing business
remotely as possible.
Councilmember Summers discussed comments made by Governor Polis relating to this being the
time to not be fearful or anxious, but cautious.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky stated she, Mayor Pro Tem Stephens, and Mayor Troxell have been
serving on Council's ad hoc committee charged with selecting the new Chief Judge. Three finalists
were selected, went through interviews today, and will be interviewed by the entire Council and
by two community panels tomorrow. She also reported she and Senator Joann Ginal are partnering
with Citizens for a Healthy Fort Collins to ensure everyone who needs a mask gets one at no
charge. She and Senator Ginal delivered masks to a senior housing center and will continue with
additional drop-offs Thursday.
Councilmember Gutowsky reported on a visit to the Northside Atzlan Center and chat with police
officers there.
Mayor Pro Tem Stephens thanked the Mayor for his proclamations and noted April 18 was "Thank
a Line Worker" day. She thanked all line workers in Fort Collins Utilities for their work. She also
reported today is Holocaust Remembrance Day and discussed the mask sewing operation at the
Senior Center.
Councilmember Cunniff noted the 50
th
anniversary of Earth Day.
April 21, 2020
City of Fort Collins Page 481
Councilmember Summers thanked members of the community who are making masks and
delivering meals to families in need.
Mayor Troxell reported on restaurants providing meals to healthcare workers and first responders,
a donation of hand sanitizer from Old Elk Distillery to front line City employees, and food and
shelter being provided by the Salvation Army. He commended the philanthropic nature of Fort
Collins.
Mayor Troxell reported the City has established a small business recovery loan program and
mentioned the Air Force Thunderbirds flyover on Saturday.
• DISCUSSION ITEMS
20. Resolution 2020-029 Accepting and Adopting Ethics Opinion No. 2020-01 of the Ethics Review
Board Finding No Violation of State or Local Ethics Provisions by Councilmember Ken
Summers. (Adopted)
The purpose of this item is consideration of the opinion of the Ethics Review Board to Council for its
consideration and possible approval.
City Attorney Daggett discussed the ethics complaint from Rory Heath regarding Councilmember
Summers' webpage advertising his services as a political consultant and lobbyist and alleging that
he has a general conflict of interest, as well as a conflict related to the Hughes Stadium property
rezoning. She noted the same complaint also alleged Mayor Troxell and Mayor Pro Tem Stephens
had conflicts regarding the Hughes Stadium rezoning item due to their employment with CSU.
The complaint was reviewed by the alternate Ethics Review Board consisting of Councilmembers
Pignataro, Cunniff, Gorgol, and Gutowsky, who found Mayor Troxell and Mayor Pro Tem
Stephens did not violate state or local ethics laws; however, they requested additional information
in reviewing the complaint against Councilmember Summers. After meeting again and taking
additional testimony, the alternate Ethics Review Board voted unanimously there was no violation
of state or local ethics provisions by Councilmember Summers.
City Attorney Daggett stated this Resolution adopts the Ethics Review Board opinion and noted
the Councilmember who is the subject of the opinion may not participate in the matter.
Mayor Pro Tem Stephens stated that while she does not see a conflict of interest, she was named
in the original complaint and will therefore recuse herself from the discussion.
Mayor Troxell stated he would also recuse himself from the discussion.
City Attorney Daggett suggested one of the remaining Councilmembers nominate a temporary
presiding officer for this item.
Councilmember Cunniff suggested Councilmember Pignataro be the temporary presiding officer
as she was the presiding officer over the Ethics Review Board hearings. The remaining
Councilmembers agreed by unanimous consent.
Mary Alice Grant stated the review guidelines for ethical behavior need to be reviewed and
amended to more effectively understand what is going on in these proceedings. She expressed
concern about employees of an organization voting on items related to the organization and
expressed concern the City Council is policing itself.
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City of Fort Collins Page 482
Councilmember Cunniff agreed with Ms. Grant and stated possible revisions to the Ethics Code
are being considered, including the possibility of making employment, by definition, an ethics
conflict. Additionally, Council has set in motion a review of the Ethics Review Board, starting
with a survey of other cities, to consider changing the makeup of the Board.
City Attorney Daggett confirmed Councilmember Cunniff's comments and stated her staff is in
the process of gathering information related to alternative structures for these types of reviews. It
is unclear as to when exactly this will come before Council given the current situation, but it will
likely be later in the summer.
Councilmember Gutowsky supported the examination of the process.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Resolution
2020-029.
Councilmember Cunniff stated lobbying state officials is not a prohibited activity and there was
no evidence presented that suggested Councilmember Summers was lobbying anyone in the city.
Additionally, Councilmember Summers presented evidence that he had not accepted payment for
any lobbying activities since before he became a Councilmember.
RESULT: RESOLUTION 2020-029 ADOPTED [4 TO 0]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Cunniff
RECUSED: Summers, Stephens, Troxell
21. Postponement of Public Hearing and Second Reading of Ordinance No. 138, 2019, Amending
the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Hughes Stadium Site Rezoning and Approving Corresponding Changes
to the Residential Neighborhood Sign District Map to May 19, 2020. (Postponed to May 19, 2020)
Postponement of this item to May 19, 2020, is requested to allow time for the stay-at-home order to
be lifted and allow for in-person public participation in quasi-judicial matters.
This Ordinance, adopted on First Reading on November 5, 2019, by a vote of 4-3 (Nays: Cunniff,
Gutowsky, Pignataro), rezones 164.55 acres located on the west side of Overland Trail and north of
CR32, with one condition, and to place the property into the Residential Sign District. City Council
initiated the rezoning on July 16, 2019 and directed City staff to prepare a rezoning application and
make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T)
and staff recommends placement into the Residential Foothills (RF) and Low-Density Mixed-Use
Neighborhood (LMN) zone districts. A recommended condition of the rezone requires that future
development in the portion zoned Residential Foothills district meet the requirements of a Cluster Plan
pursuant to Land Use Code Section 4.3(E)(2). The request places the property into the Residential
Sign District. The Planning and Zoning Board on a 4-2 vote recommended that City Council not adopt
the staff proposed zoning and instead zone the property entirely Residential Foothills.
Mary Grant thanked Council for focusing its efforts on supporting Fort Collins through the
pandemic. It is important to ensure business addressed by Council is essential and that appropriate
levels of public participation occur for items. She supported the postponement of this item until
the issue can be held in a forum that allows for the community to participate in person.
Rory Heath supported postponement of the item.
April 21, 2020
City of Fort Collins Page 483
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of the public hearing and Second Reading of Ordinance No. 138, 2019, to May 19,
2020.
Mayor Troxell stated the postponement is in line with the citizen comments as well as Council's
intent to ensure active public engagement.
RESULT: SECOND READING OF ORDINANCE NO. 138, 2019 POSTPONED TO MAY 19,
2020 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
22. Items Relating to Electric Assisted Bicycles on Paved Trails. (Adopted on Second Reading)
A. Second 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. Second 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.
This item is coming to City Council as Second Reading of the Ordinances. The one-year pilot program
allowing Class 1 and Class 2 e-bikes on paved trails is set to expire on April 30. Subsequent action is
needed by City Council to determine future e-bike regulations, based on the pilot program results, prior
to the expiration of the pilot program ordinance.
These Ordinances, adopted on First Reading on April 7, 2020 by a vote of 6-1 (Nays: Cunniff) 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.
Amber Main stated she is car-free and an E-bike is the only option she has for getting herself and
her children around town. She supported allowing E-bikes in light of the current situation as it
will allow people a more economically-friendly option in the time of economic recovery.
Councilmember Cunniff stated he would not support the item due to the inclusion of class 2 E-
bikes. He expressed concern they are essentially low-powered motorcycles and they are more
appropriate for bike lanes than trails. He also noted the Senior Advisory Board, Parks and
Recreation Board, and Land Conservation and Stewardship Board all recommended against
allowing class 2 E-bikes.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 058, 2020, on Second Reading.
April 21, 2020
City of Fort Collins Page 484
Mayor Troxell stated he would support the motion as the only difference between the two classes
is a throttle. There are speed issues with all bicycles and supported speed monitoring and limits
on trails. He also noted the pilot study showed E-bikes open access to different types of riders and
only positive comments were received after First Reading.
RESULT: ORDINANCE NO. 058, 2020, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 059, 2020, on Second Reading.
RESULT: ORDINANCE NO. 059, 2020, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
23. Second Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency
Ordinance No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain
Meetings. (Adopted as Amended on Second Reading)
This Ordinance, adopted on First Reading on April 14, 2020, by a vote of 6-1 (nays: Pignataro)
authorizes certain types of remote meetings in light of the declared local emergency. The Ordinance
will 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 under the Ordinance without further Council action are limited and
exclude zoning decisions, appeals and additions of permitted use. The Ordinance also authorizes
remote neighborhood meetings in the Development Review Process. Finally, the Ordinance also
permits remote participation by boards and commissions in order to complete City business that is
pressing and requires prompt action.
For second reading, the following changes have been made and are shown in the Ordinance, based
on the Council’s discussion of the Ordinance on First Reading:
1. Changed language to clarify that all matters being heard remotely must be determined to be
“pressing and require prompt action” and to require that agenda items explain the determination.
2. Added language to clarify that if Remote Technology is found to be not sufficiently working the
Hearing/Meeting must be continued.
Added a provision allowing the Council to (by majority vote) authorize additional types of meetings or
proceedings, or specific items if Council determines the authorized action is pressing and requires
prompt action and that the Remote Technology available for the proceeding will provide sufficient public
participation and input called for by the type of meeting, hearing or proceeding or the individual matter,
as applicable, in light of the specific circumstances.
City Attorney Daggett stated this Ordinance, as adopted on First Reading, authorizes the use of
remote technologies for City Council meetings for pressing matters that require prompt action,
quasi-judicial hearings excluding appeals of decisions of all types, initial zoning and rezoning
April 21, 2020
City of Fort Collins Page 485
actions, and additions of permitted use applications. It also allows neighborhood meetings under
the Land Use Code and essential meetings of City boards and commissions. Based on the
discussion during First Reading, the item has been modified to clarify that all matters being heard
remotely must be determined to be pressing and require prompt action and to require that agenda
materials explain the rationale, to change references to “essential” to “pressing and require prompt
action”. Additionally, the Ordinance now clarifies that if remote technology is not working
sufficiently, the hearing or meeting must be continued, and a new section gives Council the ability,
by majority vote, to authorize additional types of remote meetings or proceedings, or action on
specific items, if the Council determines that those items are pressing and require prompt action
and that the technology is sufficient.
Mary Alice Grant commended the changes made to the Ordinance and stated part of the reason
Fort Collins is such an amazing place to live is that the community is allowed to actively participate
in how decisions are made. Her experience with the remote technology to this point has not been
positive and she requested any future decision about essential items will also take into
consideration the ability for people to participate.
Amber Lane stated there are issues with people being able to access the meetings remotely, and
the meetings are not available in Spanish or closed caption.
Councilmember Cunniff commended the changes made by the City Attorney but expressed
concern about Section 8. He asked what other option might be provided to ensure property rights
are respected in this process, particularly with appeals, if this section were not included. City
Attorney Daggett replied the benefit of Section 8 is that is allows for action that will not take an
extended period of time to be completed; however, an alternative for appeals would be for Council
to choose to allow an individual to file an action in court instead of an appeal, which would
ultimately be that party's next step after an appeal to Council if the party was not satisfied.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett outlined the changes made to the language in Ordinance No. 061, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 061, 2020, on Second Reading, as amended, to include the changes read by the City
Attorney, but not including Section 10.
Mayor Pro Tem Stephens stated Section 10 puts undue burden on appellants and applicants to go
into a court system and stated she would prefer to address appeals remotely as necessary.
Councilmember Cunniff agreed it is better for Council to be the decisionmaker on such appeals;
however, he expressed concern that Section 8 is too broadly written. Appeals may be able to be
accommodated as orders are lifted without having to resort to either of these options.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to amend the
motion to remove Section 8 from the proposed Ordinance and renumber sections as necessary.
City Attorney Daggett clarified this does not change Council's authority to move forward in the
manner it normally would; it only addresses situations in which Council would conduct hearings
and meetings using remote technology.
April 21, 2020
City of Fort Collins Page 486
Mayor Troxell asked if Section 8 would be in the form of an ordinance requiring two votes or
would be a single vote. City Attorney Daggett replied it is written such that Section 8 would only
require Council to do one vote on a motion. This would allow Council to move more quickly than
with a typical ordinance and necessary notice requirements.
Mayor Troxell stated he would have preferred the inclusion of Section 10 in order to provide some
level of certainty of process. He would not support the amendment to remove Section 8.
Councilmember Summers concurred with the Mayor's comments relative to Section 8 and stated
a simple majority vote could be changed to a super majority vote if necessary.
Councilmember Pignataro asked if there is an estimate of the types of quasi-judicial matters left
after zonings, rezonings, and the other items are removed. City Attorney Daggett replied the
percentage of quasi-judicial hearings that are appeals is fairly low. Tom Leeson, Community
Development and Neighborhood Services Director, replied the number of appeals is very low,
typically one to two per year. There are quite a few more zoning and rezoning items, a number of
which are on agendas waiting for the ability to move forward. There are also usually only three
or four additions of permitted use applications per year.
Councilmember Pigntaro stated she would support the amendment given its broad nature.
Mayor Pro Tem Stephens stated there needs to be some mechanism to allow pressing issues to be
addressed.
Councilmember Cunniff supported Councilmember Summers' suggestion of requiring a super
majority vote of five Councilmembers.
Councilmembers Cunniff and Gutowsky withdrew the motion to amend.
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to amend the
motion to replace the language related to majority vote with language related to an affirmative vote
of five or more members on a motion in Section 8.
Councilmember Pignataro supported the amendment as a compromise, but she will have a number
of questions should the process actually be used.
Councilmembers Summers and Gutowsky stated they would support the motion.
Mayor Pro Tem Stephens stated she would support the motion noting it is important to have a
mechanism by which important issues can be addressed in a timely fashion.
Councilmember Gorgol stated she would support the amendment and motion.
Mayor Troxell stated he would support the amendment and motion as well.
April 21, 2020
City of Fort Collins Page 487
RESULT: ORDINANCE NO. 061, 2020, ADOPTED AS AMENDED ON SECOND R
[UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Summers commended the new digital platform and stated the public should be
encouraged with the options for public participation.
Mayor Pro Tem Stephens asked about translation opportunities for the remote participation. Tyler
Marr, Project and Policy Manager, replied staff is actively working on getting Spanish translation
and interpretation options for Zoom.
Mayor Troxell commented on the benefits of conducting business remotely and discussed the ways
in which Connexion is working with Poudre School District to provide connectivity to
neighborhoods that may not already have broadband.
A. Motion to Adjourn the Council meeting to conduct the Electric Utility Enterprise Board Meeting.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adjourn the
City Council meeting to conduct the Electric Utility Enterprise Board meeting and then return to
the regular City Council meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Council adjourned at this point in the meeting and held the Electric Utility Enterprise Board meeting, then
returned to the Regular Council Meeting.)
• ADJOURNMENT
A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, April 28, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that Council
adjourn this meeting to 6:00 p.m., on Tuesday April 28, 2020, for consideration of a possible
executive session and for 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
April 21, 2020
City of Fort Collins Page 488
The meeting adjourned at 9:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 489
April 28, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• CALL MEETING TO ORDER
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.)
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of a motion to enter into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City
Council go into executive session, as permitted under Article II Section Eleven (1) of the City
Charter, Section 2-31(a)(1)a. of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(I), for the purpose of evaluating and discussing finalists for the Chief Judge position.
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 time and returned at 7:35 p.m.)
3. Resolution 2020-039 Authorizing Two Members of the City Council to Discuss with City Staff
or the Named Finalist the Terms and Conditions of an Employment Agreement for the Chief
Judge Position and Amending the Schedule Adopted in Resolution 2020-035 Regarding the
Recruitment and Selection of a Chief Judge. (Adopted)
The purpose of this item is to authorize two members of the Council to discuss with City staff or the
person named the terms and conditions of employment for the Chief Judge position and to amend the
schedule adopted in Resolution 2020-035 regarding the recruitment and selection of a Chief Judge to
allow the City Council, City staff, the executive recruiter and the identified candidate additional time, if
needed, to negotiate an employment agreement.
Motion language to complete proposed resolution:
“I move that Council appoint _________________ and ___________________ to review and discuss
contract terms and conditions with ______________ [the selected finalist]”.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Resolution 2020-039, naming Jill Heuser as the top finalist for the Chief Judge position.
Councilmember Cunniff thanked all the Chief Judge candidates and community members and staff
who participated during the process. Jill Heuser will serve the City well in the Chief Judge
position.
Mayor Pro Tem Stephens thanked the candidates and supported contract negotiations with Jill
Heuser.
Councilmember Gutowsky thanked the candidates for their time.
April 28, 2020
City of Fort Collins Page 490
Mayor Troxell commended the candidates and expressed full support for the finalist.
Mayor Pro Tem Stephens commented on the unusual remote interview process and thanked those
who participated in community and public forums. She stated Jill Heuser has compassion,
experience, and judicial temperament.
Mayor Troxell thanked Councilmembers for their participation and thoughtful approach to the
process.
RESULT: RESOLUTION 202-039 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 7:48 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk