HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/21/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 21, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 2 and June 16, 2020 Regular Council Meetings, the
June 9 and June 23, 2020 Adjourned Council Meetings and the July 14, 2020 Special Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the June 2 and June 16, 2020 Regular Council
meetings, the June 9 and June 23, 2020 Adjourned Council meetings and the July 14, 2020 Special Meeting.
ATTACHMENTS
1. May 26, 2020 (PDF)
2. June 2, 2020 (PDF)
3. June 9, 2020 (PDF)
4. June 16, 2020 (PDF)
5. June 23, 2020 (PDF)
6. July 14, 2020 (PDF)
City of Fort Collins Page 21
May 26, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via
teleconference.)
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
STAFF PRESENT: Atteberry, Daggett, Coldiron
1. COVID-19 Update. - Tom Gonzales, Darin Atteberry
City Manager Atteberry outlined the topics for discussion under the COVID-19 update.
Tom Gonzales, Larimer County Health Director, presented statistics related to COVID-19 and
indicated approximately 1/3 of Larimer County residents are considered highly susceptible to
severe respiratory complications from the virus and this population is highlighted in the County's
suppression plan. The County has seen a decrease in ICU bed and ventilator use since March and
indicated there are only twelve COVID-19 patients in Larimer County hospitals as of May 26.
Gonzales detailed the formation and evolution of the outbreak task force which assists in facilities
wherein outbreaks have occurred. The key components to the suppression plan include
distribution of personal protective equipment, ensuring education and compliance, and an alternate
care site which is now complete.
Larimer County residents have done a tremendous job of keeping one another safe which has
allowed for a gradual transition to being safer at home. These restrictions will continue unless one
of the triggers is hit on early warning indicators. He also discussed variance approvals received
by the County.
Mayor Troxell asked about the process for submitting a variance. A suppression plan and early
warning indicators must be developed and approved by hospitals and the Board of Health. He
commended the state for their work on processing and approving variances.
Mayor Troxell asked how facial coverings would work in certain situations such as restaurants.
Gonzales explained facial coverings are justified as they drastically reduce the spread of droplets.
Facial coverings will be required in restaurants until diners get to their table and then they can be
removed. All servers and employees will be wearing facial coverings. Additionally, parties are
limited to 6.
Councilmember Summers asked if facial coverings are more important than physical distancing.
Gonzales replied physical distancing is the ultimate way to suppress the spread of respiratory
droplets; however, when in situations wherein distancing cannot occur, facial coverings on both
people are extremely effective in reducing the spread of droplets.
Councilmember Summers discussed the importance of education around masks and their
maintenance. He also inquired about the 175-person limit on church gatherings for buildings that
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may accommodate a thousand people or more. Gonzales replied the 175-person number was a
directive from the state to address bottlenecking at entrances and exits. Places of worship could
work with the County on creative solutions and the County could submit for a subsequent variance
request.
Councilmember Summers asked about direction related to 50% employment numbers and the
reopening of places of employment. Gonzales replied the Economic Workforce Development
Center would have that answer. SeonAh Kendall, Senior Manager Economic Sustainability,
replied major employers are following State and County guidance on the 50% number with shift
work as necessary. Most employers are encouraging employees to work from home if possible.
Councilmember Cunniff asked about guidance for recommissioning restaurants or businesses that
may have been fully closed, particularly related to water, supplies, and HVAC systems. This was
part of the reopening guidance from Colorado Department of Public Health and Environment.
Councilmember Pignataro asked about the positive case number indicator. Gonzales replied one
of the five indicators is having 61 positive cases being treated in the hospital. He discussed the
other early warning indicators being used.
Councilmember Pignataro asked when the dashboard will be available online. He is hopeful it
will be ready in two weeks.
Councilmember Gutowsky asked about guidance for opening breweries. The County specifically
called out breweries, taprooms, distilleries, and wineries in its variance request; however, they
became categorized with bars in the process. As of Monday, the Governor indicated breweries,
taprooms, distilleries, and wineries could open if they have food served on site which could be in
the form of a food truck.
Councilmember Gorgol asked about recommendations for people regrouping in social circles.
Gonzales indicated any gathering over ten people is concerning and it is important for families to
be thoughtful and utilize social distancing.
Councilmember Gorgol stated it would be helpful to have some additional guidance around
regrouping and enforcement. She asked if there is a recommendation for housing individuals
experiencing homelessness moving forward. Gonzales replied the CDC has some of the best
guidance and a place for quarantine and isolation is critical as is adequate screening and education
around early symptoms.
Councilmember Gutowsky asked if skate parks are open. Gonzales replied some outdoor
recreation did not get approved as part of the variance request. John Stokes, Community Services
Deputy Director, replied they are not open right now but staff will be working to consider whether
they can open over the next couple days.
Mayor Pro Tem Stephens thanked Gonzales and asked if the County will likely be staying the
course on facial coverings. Gonzales replied his recommendation will be to continue the
restrictions until the end of June and noted many of the businesses that are open must require them
per the variance. It will also help to avoid confusion by the public. City Manager Atteberry stated
his intent is to have the facial covering order in Fort Collins in place until the end of June and
asked for Council input on the issue.
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City of Fort Collins Page 23
Mayor Pro Tem Stephens asked if there is a plan in place if early warning indicator numbers start
to be met. Gonzales replied in the affirmative and stated the variance would be pulled back quickly
if numbers are met. He is not as worried about the summer months but encouraged everyone to
be very cognizant as summer moves into fall.
Mayor Pro Tem Stephens discussed the importance of following the recommendations in order to
keep businesses open. She asked if the testing site at CSU is at no cost. Gonzales replied anyone
with symptoms or who has been identified to have been in close contact with someone who has
tested positive can be tested at no charge.
Mayor Pro Tem Stephens asked if tracing is being done around those who are symptomatic.
Gonzales replied in the affirmative.
Mayor Pro Tem Stephens discussed the importance of wearing masks for the protection of others.
She asked how accessibility issues around outdoor seating at restaurants are being addressed.
Caryn Champine, Director of Planning, Development, and Transportation, replied part of the
informational requirements that have to be submitted for an outdoor seating permit under this
special process relate to maintaining ADA compliance.
Mayor Troxell stated he would be supportive of extending the facial covering requirement through
the end of June.
Councilmember Summers asked what would occur at the end of June. City Manager Atteberry
replied he would likely recommend aligning with the County's recommendation.
Councilmember Summers suggested it is important to engrain the value of social distancing and
mask wearing into the public consciousness as much as possible.
Councilmember Cunniff supported the extension of the facial covering requirement and suggested
messaging with an 'indefinite' wording could be more consistent. Councilmember Gutowsky
agreed.
Councilmember Pignataro discussed the importance of the 'why' piece of the education.
City Manager Atteberry requested input on Larimer County's facial covering exceptions. Mayor
Troxell replied businesses have been acknowledging the City's component of the facial covering
requirement.
Councilmember Cunniff discussed the need for specific restaurant requirements.
Councilmember Gorgol asked about extending the Northside Aztlan Center shelter use. City
Manager Atteberry replied he has agreed to extend the closure of the facility until June 19. He is
not comfortable extending it further; however, the on-site providers do not agree with that. There
are other community priorities, such as day camps, the City would like to address inside the
facility.
Kelly DiMartino, Deputy City Manager, discussed how the Aztlan Center is typically used and
noted last summer, about 25% of the users are low income and approximately 18% are seniors.
The City has partnered with Poudre School District to open the Camp Fun Quest program, which
would typically serve 164 children at Northside. This year, the program will serve 120 children at
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City of Fort Collins Page 24
Riffenburgh Elementary through July 17 at which point the Aztlan Center will need to be utilized.
The four weeks prior to that date are necessary to transition, clean, maintain, and re-license the
facility for its regular use.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated overnight shelters are also planning to
extend through June 19. She thanked the service providers and partners and discussed the search
for alternative space both congregate and non-congregate. She stated two sessions during this
extension time are planned to ensure a strategic plan will be in place by June 19.
Councilmember Gorgol asked about the plan for opening the City's recreation facilities. DiMartino
replied staff is in the process of putting those plans together based on the new guidelines. Stokes
indicated staff is examining a spacing plan for the programming and stated the building will be
used quite extensively with adequate physical distancing.
Bob Adams, Recreation Director, stated there will be four weeks left of the Camp Fun Quest after
it moves back to the Aztlan Center and the number of attendees will be able to increase at that
point back to 164.
Councilmember Gorgol expressed concern about closing the facility to the shelter use and stated
providing some stability for a vulnerable population during this time is something that should be
a focus.
Councilmember Gutowsky requested clarification regarding homeless services. City Manager
Atteberry replied the conversation around the homeless services center has restarted with a new
task force which has been on hold due to COVID-19. The group has yet to provide
recommendations and will not be ready to do so by August. Kozak-Thiel replied the committee
work has been paused and a survey has just gone out regarding availability and resuming meetings
virtually.
Mayor Pro Tem Stephens acknowledged the need for childcare but expressed concern that public
health is at risk by moving the overnight and day shelter guests out of the Aztlan Center. She
would like an exit strategy that involves an alternative space.
Councilmember Gutowsky questioned what the solution would be if the use of the Aztlan Center
is extended until August given there may be another surge of the virus in the fall.
Councilmember Summers discussed the potential for short-term solutions that may not be perfect.
Councilmember Pignataro supported the plan outlined by DiMartino and Kozak-Thiel.
Councilmember Cunniff discussed the various impacts of this issue and expressed concern that
turning people out with no alternate plan will result in people camping in Natural Areas. He would
like to receive some information on financial impacts and the possible use of the CSU stadium and
the Ranch.
City Manager Atteberry stated staff is actively seeking alternative locations and he will return with
options.
Councilmember Gorgol stated she would also like to see information related to the capacity of
other childcare providers.
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City of Fort Collins Page 25
2. Executive Session Authorized. (Adopted)
The meeting of May 19, 2020 was adjourned to this date and time to allow Council to consider
adjourning into executive session to conduct the mid-year performance evaluations of the City Attorney
and City Manager.
“I move that the City Council go into executive session, as permitted under Article Two, Section
Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes
Section 24-6-402(4)(f)(roman number one), for the purpose of conducting annual performance
reviews of the City Manager and City Attorney.”
City Manager 75 minutes
City Attorney 60 minutes
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City
Council go into Executive Session as permitted under Article 2, Section 11 of the City Charter,
Section 2-31(a)(1) of the City Code, and Colorado Revised Statute Section 24-6-402(4)(f)(I) for
the purpose of conducting mid-year performance reviews of the City Manager and City Attorney.
Mike Pruznick stated one of the Councilmembers had legal issues involving the 2019 election and
the offices of the City Manager and City Attorney played critical roles in that issue; therefore, that
Councilmember should recuse herself from the discussion. He encouraged Council to give the
City Manager better direction on the triple bottom line as current policies prioritize business and
profit over people and planet emergencies. He discussed the public benefit of the solar system on
his home.
(Secretary's Note: The Council went into Executive Session at this point in the meeting.)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Motion to Extend the Meeting past 10:30 PM
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 PM to consider any other business that may come before Council.
RESULT: ADOPTED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
May 26, 2020
City of Fort Collins Page 26
ADJOURNMENT
The meeting adjourned at 10:28 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 27
June 2, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, Councilmembers, staff and citizens had the option to participate remotely or live
in Council Chambers.)
PRESENT: Pignataro (remote), Gorgol, Gutowsky, Summers (remote), Stephens, Troxell, Cunniff
STAFF: Atteberry, Daggett, Coldiron
AGENDA REVIEW: CITY MANAGER
Mayor Troxell and City Clerk Coldiron outlined the remote and in-person guidelines for
participation.
City Manager Atteberry stated Item No. 9, Emergency Ordinance No. 080, 2020, Approving
Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-
19 Emergency, was amended to include additional exhibits. Additionally, the staff report on the
Horsetooth Outlet Project Water Demand Management Update presentation was amended and
Item No. 14, Public Hearing and Resolution 2020-054 Approving the Programs and Projects that
will receive COVID-19 Response and Recovery Funding from the Federal Community
Development Block Grant Program, has been amended to include exact numbers rather than
rounded numbers. He also recommended the addition of a third staff report from Police Chief
Swoboda.
PUBLIC COMMENT
Robbie Moreland encouraged Council to align the City's Election Code with that of the state
regarding campaign contributions from limited liability corporations. There has yet to be a
consensus on the topic from the Election Code Committee.
Jody Deschanes encouraged Council to align the City's Election Code with that of the state
regarding campaign contributions from limited liability corporations and requested elimination of
a loophole regarding no limits to the amount of money that can be contributed to political
committees, which is also in alignment with the state.
Christine Chard expressed concern about current events related to police brutality and stated she
would like to better understand what the Fort Collins Police Services are doing in terms of
reviewing policies and practices. She expressed concern regarding the memorial outside the Police
Services building being taken down every evening.
Eric Sutherland discussed Item No. 9, Emergency Ordinance No. 080, 2020, Approving
Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-
19 Emergency, stating the City Manager is not authorized by the City Charter to enact rules and
regulations that carry a penalty for violation. He also requested an acknowledgment from Council
that the best way to address concerns about abuse of authority is to recognize the beauty and
June 2, 2020
City of Fort Collins Page 28
prudency of the 14th amendment that does not allow the government to impose penalties and
violations without due process.
Jeff (no last name given) expressed concern regarding the facial covering requirement noting they
are not required in other counties and cities. He discussed health risks of wearing masks,
particularly in the summer heat. In addition, the requirement to wear them is also hurting local
businesses.
Hannah Quick opposed racial injustice in the criminal justice system. Young people in Fort Collins
are seeking a long-term solution to the problems and would like to see Fort Collins Police Services
take preventative measures and outline them specifically.
(inaudible name) stated a Police Services representative explained the memorial and signs are
being taken down nightly so they will not blow away. They will be sent to George Floyd's family.
She asked what type of contact the Fort Collins Police Services have had or plan to have with the
family.
Jenny Treveno asked what the Fort Collins Police Services is going to do to ensure something like
George Floyd's killing does not happen here. She also asked if there is a safe way for officers to
report racial injustices or microaggressions and what plans are in place if this were to occur in Fort
Collins.
Gabriella Adler encouraged Fort Collins Police officers to take a stand against what happened to
George Floyd. She asked what the Police Chief is doing to take a stand against racial injustices
within the Fort Collins Police Services and in other jurisdictions.
Jason (inaudible last name) stated the citizens who filed an ethics complaint against the Mayor
regarding the Hughes Stadium property rezoning were not wrong and he opposed the Mayor's
comments regarding the complaint.
Addie (no last name given) suggested opportunities be created for relationships to be formed
between Fort Collins Police and community members and suggested training be provided to
mitigate the use of violent force.
PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers thanked the speakers and stated it is important to ensure something like
the killing of George Floyd does not happen in our community. Regarding the election guidelines,
he noted it is not correct that a political committee can donate an unlimited amount to a candidate
committee, and it is illegal for a 527 organization to coordinate with a local campaign.
Councilmember Pignataro noted the Election Code Committee meets on Friday and Council will
have the option to discuss the LLC contribution issue since the Committee did not come to an
agreement on a recommendation.
Councilmember Cunniff stated his understanding of the concern was not that political committees
were donating to candidates but that donations to political committees do not have limits under
current City regulations. He requested future staff follow-up regarding the difference between a
June 2, 2020
City of Fort Collins Page 29
527 political organization and a political committee and whether or not a political committee can
coordinate with a candidate committee.
Mayor Pro Tem Stephens thanked the speakers and read a statement opposing George Floyd's
death and supporting a change to the shameful legacy of racism and oppression in the United
States. She is committed to working on issues of inequity and injustice in the community and
commended the suggestions and calls for action of those who called in. She requested staff input
regarding the difference between independent expenditures and political committees. Regarding
facial coverings, input from the County Health Department has been that they are effective in
helping slow the spread of the virus. The County Health Director stated that one-third of the
County's population is particularly vulnerable to the virus and the small inconvenience of wearing
masks is shown to be effective based on the numbers. The policy helps to get businesses open.
Councilmember Gorgol thanked the speakers and stated it is important for communities to have
conversations about racial injustices. She also condemned the killing of George Floyd and stated
Fort Collins Police Services needs to work on next steps.
Mayor Troxell stated facial coverings do reduce the spread of the virus as part of an overall strategy
and the requirement is business-friendly in that it allows people to engage in businesses as things
start to open up. Regarding the killing of George Floyd, it is inexcusable for his death to have
occurred at the hands of those sworn to serve and protect. Fort Collins and this Council as well as
previous Councils have been very intentional about equity and inclusion in the community.
Councilmember Gutowsky complimented the participants in today's march and peaceful protest.
Facial coverings are required to help protect others, not ourselves. She has had conversations with
business owners who have reported compliance and few issues.
Councilmember Cunniff agreed with fellow Councilmembers on the facial covering topic and
stated research he has read indicating ineffectiveness of facial coverings is either outdated or
deliberately false. Peer-reviewed research shows a reduction in risk if facial coverings are worn.
He also noted masks are not required to be worn outdoors where distancing can be accommodated.
CONSENT CALENDAR
Councilmember Pignataro withdrew Item No. 8, First Reading of Ordinance No. 079, 2020,
Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote
Participation in Certain Meetings, from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the May 5, 2020 Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the May 5, 2020 Regular Council meeting.
June 2, 2020
City of Fort Collins Page 30
2. Second Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the
College Avenue-Trilby Road Intersection Improvements Project. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the city must continue
despite the current crisis.
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
This Ordinance, unanimously adopted on First Reading on May 19, 2020, appropriates state and
federal funded grants:
from the Highway Safety Improvement Program (HSIP) for safety related improvements
($2,250,000),
Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371) and the
Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000)
for the College Avenue and Trilby Road Intersection Project.
3. Second Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within
Dwellings. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
This item is required in order to comply with state law allowing the cultivation, extraction, processing,
and manufacturing of industrial hemp and industrial hemp products, and the International Fire Code
which permits and regulates the extraction of hemp.
This Ordinance, unanimously adopted on First Reading on May 19, 2020, amends Article XII, Chapter
12 of the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the
use of inherently hazardous substances in the extraction process only applies to dwellings, not to
commercial businesses.
4. Second Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent
Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the
Fort Collins Loveland Water District. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration.
This Ordinance, unanimously adopted on May 19, 2020, authorizes the conveyance of a permanent
waterline easement and a temporary construction easement to the Fort Collins Loveland Water District
(FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area
over a new alignment and vacate in-place a portion of the original waterline alignment presently held
by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for
water service to residents supplied by the waterline.
5. Second Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Salary of the Chief Judge. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of
a pilot project or the end of a moratorium.
June 2, 2020
City of Fort Collins Page 31
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis.
This Ordinance, unanimously adopted on First Reading on May 19, 2020, sets the base salary of the
Chief Judge at $165,000 effective July 6, 2020.
6. First Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the General Fund for the Emergency Management Performance Grant.
(Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 2 – Emergency-related items that are not urgent but require Council approval.
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the
Emergency Management Performance Grant - Special Projects. This appropriation includes $10,000
of grant revenue provided by the Colorado Division of Homeland Security and Emergency
Management (DHSEM) to support emergency management programs. The grant directly supported
purchasing an emergency management credentialing system (Salamander) and required a local
match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency
Preparedness and Security operating budget and will be transferred to the Emergency Management
Performance Grant - Special Projects program.
7. First Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General
Fund for the Restorative Justice Services Program. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services (CDNS). The City has received an amendment
to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice
(DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE
program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and
Reflect Program for all other offenses. The amendment to the existing grant provides additional funds
for a specific project - the creation of videos and other outreach materials to increase awareness for
Restorative Justice Services. No match is required. The additional funds were awarded from extra
funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019-
6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle.
8. Emergency Ordinance No. 080, 2020 Approving Emergency Rules and Regulations Enacted by
the City Manager Pursuant to the Local COVID-19 Emergency. (Adopted)
The purpose of this item is to approve an emergency rule and regulation enacted by the City Manager
in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that
emergency rules and regulations must be confirmed at the earliest practical time by the Council. This
Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that
have been enacted since the most recent Council action on May 5. Adoption by ordinance will ensure
that each of the regulations is enforceable to the fullest extent of the law.
9. Resolution 2020-051 Approving Fort Fund Grant Disbursements. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
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City of Fort Collins Page 32
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration. These items are being brought forward to help ensure that
work does not have to be redone and can continue to move forward.
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
10. Resolution 2020-052 Authorizing the Assignment of the City’s Private Activity Bond Allocation
for 2020 to Housing Catalyst and Mercy Housing to Finance the New Construction and
Rehabilitation of Affordable Housing Units. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
The purpose of this item is to support the new construction and rehabilitation of affordable housing at
several locations in the City by assigning the City’s 2020 Allocation of Private Activity Bond (PAB)
capacity. PAB capacity is required for development projects using state or federal 4% Low-Income
Housing Tax Credit financing.
11. Resolution 2020-053 Making Appointments to Various Boards and Commissions of the City of
Fort Collins. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration.
The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions
that exist due to the expiration of terms of certain members and the resignation of previous board
members.
CONSENT CALENDAR FOLLOW-UP
Regarding Mr. Sutherland's allegations related to Item No. 9, Emergency Ordinance No. 080,
2020, Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the
Local COVID-19 Emergency, Councilmember Cunniff stated the Ordinance exists because
Council has enacted a civil penalty for failure to comply with facial covering requirements.
Mayor Pro Tem Stephens requested a memo related to a contingency plan for Fort Fund
disbursements should events not take place per Item No. 10, Resolution 2020-051 Approving Fort
Fund Grant Disbursements.
City Manager Atteberry stated his recollection of issues surrounding Mr. Masters' differs greatly
from that of Mr. Sutherland.
STAFF REPORTS
A. COVID-19 Update: Small Business Perspective - Josh Birks
June 2, 2020
City of Fort Collins Page 33
Josh Birks, Economic Sustainability Director, introduced Steve Taylor, owner of Hot Corner
Concepts operating Austin's, Moot House, Big Al's, and Comet Chicken, and Amy Goodheart-
Kepso, owner of Magpies Boutique and Studio.
Mr. Taylor discussed the mid-March closure of his restaurants and layoff of 200 of his 235 staff.
Four of the five restaurants are now open for carry-out, delivery, and limited dine-in seating,
though percentages of sales remain down. Cost for products in some cases is twice what it was
this time last year and supply issues remain. He commended the process and staff involved in
approving additional outdoor seating allotments.
Mr. Taylor discussed his commitment to providing meals for furloughed staff and others and the
ultimate formation of Feeding Fort Collins which provides meals to at-risk families and reactivates
closed restaurants by purchasing meals from them at cost. He discussed the partnering entities in
the program and stated the seven participating restaurants delivered 9,000 meals last week and
over 51,000 in total.
Ms. Kepso discussed her business, Magpies, and how the virus has affected it. She detailed the
adjustments made to turn spring break classes into art kits, the manufacturing of cotton face masks
for sale and donation, and the evolution of the art kits to help small businesses collaborate. She
stated any help in coordinating small business collaboration efforts would be helpful.
Mayor Troxell commended the efforts of the businesses and others within the community.
Mayor Pro Tem Stephens thanked Mr. Taylor and Ms. Kepso for telling their stories and
commended their efforts in aiding the community.
Councilmember Gorgol thanked Mr. Taylor and Ms. Kepso for their comments and commended
the Feeding Fort Collins program and Ms. Kepso's business ideas.
B. Horsetooth Outlet Project Water Demand Management Update - Alice Conovitz, Mark Kempton
Mark Kempton, Utilities Plant Operations Director, noted the Horsetooth Outlet Project is not
City-initiated, but the City is responding to the project and its impacts. The project involves the
closure of the outlet pipe from Horsetooth Reservoir to the City and the Tri-District's water
treatment plants for 30 to 60 days this fall which will result in a reliance on a single water source,
the Cache la Poudre River. There is ample water storage; however, any issue in the River could
result in limited treated water storage, which is where most risk lies. A temporary emergency
pump station will be constructed to help mitigate this risk and water conservation measures may
be put into place.
Alice Conovitz, Utilities Water Conservation Analyst, discussed the City's strategic objective
supported by this work and stated it is on track for crews to begin work in October. She highlighted
the importance of Council’s efforts to review and approve updates to the Water Shortage Action
Plan. Conovitz outlined the demand management approach and its main goals to maximize the
available water during the Horsetooth Outlet Project and to be prepared for emergencies. She
outlined the ways in which citizens can assist during the Project: to stop outdoor water use on
October 1, time new outdoor plant installations so high water use is over before October 1, and be
water-wise indoors.
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City of Fort Collins Page 34
Conovitz outlined the proposed restrictions which would begin October 1 are no lawn watering for
residential and parks and fields, no vehicle washing at home, and limiting fleet vehicle washing,
among other limitations.
Mayor Troxell asked about the year's snowpack. Kempton indicated it was 105-110% of normal.
Mayor Troxell commended the plan and asked if this relates to other water providers. Kempton
replied the Fort Collins-Loveland Water District and ELCO are partnering with the City on the
emergency pumping station and other risk mitigation measures. Conovitz replied both entities
have collaborated on key messages and they are in general agreement to try to align demand
management approaches.
Councilmember Pignataro commended the early messaging efforts and asked how outreach to
HOAs will occur. Conovitz replied the existing landscape water budget program helps to provide
recommended watering amounts and the Horsetooth Outlet Project recommendation to stop
outdoor watering on October 1 will be included in monthly updates.
Councilmember Pignataro asked if any type of severe drought conditions over the summer will
affect this plan. Kempton replied that is not expected as there is enough water to meet all needs
for the year based on water supply projections.
Mayor Pro Tem Stephens commended the early messaging efforts.
C. Police Services Update - Chief Jeff Swoboda
City Manager Atteberry noted Police Chief Swoboda has been recognized for his efforts and his
approach to leadership of Police Services.
Police Chief Swoboda discussed the killing of George Floyd and stated the tactics used on him are
not used in Fort Collins. He supported the firing and charges brought against the officers involved.
If an officer observes another officer violating the use of force policy, they are required to report
that to their supervisor. Leaders must continuously work to ensure officers know their role is to
protect the public and it is their responsibility to come forward if they witness something
inappropriate within the force.
Chief Swoboda acknowledged there is systemic racism in society and racial profiling occurs in
police work to this day. He is encouraging his officers to listen to citizens and has requested the
formation of a young adult advisory committee. He discussed the scenario-based training, citizen
oversight, body camera usage, upcoming ethics and implicit bias training, de-escalation, the co-
responder program, crisis intervention training, and on-call psychologists.
Regarding the memorial at the Police Services building, Chief Swoboda made the decision to not
leave the memorials up throughout the night; however, as of today, his staff will be working with
the Museum of Discovery to have the museum take on the responsibility of documenting and
preserving memorial items.
Councilmember Pignataro asked if memorial items are being photographed daily. Chief Swoboda
replied in the affirmative.
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City of Fort Collins Page 35
Councilmember Pignataro stated she served on the Citizen Review Board and expressed
appreciation for the progressive Police force.
Councilmember Summers thanked Chief Swoboda for his work in addressing issues like this. The
Chief has a great reputation for working with minority groups and understands this is something
that needs to be addressed in an ongoing fashion. He discussed the importance of reflecting on
George Floyd's life.
Councilmember Gorgol requested an overview of the Citizen Review Board. Chief Swoboda
replied members are appointed by Council and when a complaint is received from a citizen
regarding police behavior, an internal investigation is launched and prior to the issue going to him,
it will go to the Board for a determination whether the members agree with the determination of
the investigation. The Board does not impose discipline, but its findings could prompt additional
investigation. The Chief ultimately makes the decision on discipline imposed.
Councilmember Gorgol asked if the Board has any people of color. Chief Swoboda replied in the
affirmative.
Councilmember Gorgol commended the implicit bias training and asked if community members
are included in a hiring committee for officers. Chief Swoboda replied in the negative.
Councilmember Gorgol suggested that could be a possibility for involving citizens.
Councilmember Gorgol suggested the budgeting for police versus community programming
should be examined.
Mayor Pro Tem Stephens commended the implicit bias and ethics training and agreed with the
idea of a young person advisory committee. There is an extensive vetting process for hiring
officers and asked what types of questions are asked to eliminate racism. Chief Swoboda replied
officers do site visits and ride alongs with candidates. Additionally, candidates are given lie
detector tests and are questioned by psychologists.
Mayor Pro Tem Stephens asked if there are mechanisms in place to ensure trouble officers are not
reemployed elsewhere. Chief Swoboda replied in the affirmative.
Mayor Pro Tem Stephens asked when an officer is required to turn on a body camera and if there
is a penalty for not following procedures. Chief Swoboda replied officers are expected to turn
body cameras on when on a call for service. Officers occasionally forget; however, there is
discipline in place for repeat offenses.
Mayor Pro Tem Stephens asked how officers deal with situations wherein a language barrier exists.
Chief Swoboda replied there is an immediate language line available should the person who
answers dispatch not speak Spanish. Additionally, there are a number of officers who are Spanish
speakers and many who are learning.
Mayor Pro Tem Stephens discussed the importance of making positive changes into the future.
City Manager Atteberry clarified the Citizen Review Board was intentionally created to be an
advisory committee to both the Police Chief and the City Manager.
June 2, 2020
City of Fort Collins Page 36
Councilmember Cunniff suggested the possibility of a proclamation reiterating Council's
condemnation of George Floyd's death and its commitment to continuous process improvement
inside the City’s Police Services organization. Mayor Troxell replied that would be appropriate.
Councilmember Cunniff suggested the City Manager add a regular report regarding how the
improvements in Police Services are progressing. He requested information regarding community
policing initiatives. Chief Swoboda replied there are various initiatives including the Citizens'
Police Academy, the Explorer Program for teens, School Resource Officers, and Coffee with Cops.
City Manager Atteberry mentioned the District 1 officers who regularly interact with downtown
visitors.
Mayor Troxell thanked Chief Swoboda for his engagement.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
COUNCILMEMBER REPORTS
Councilmember Summers expressed appreciation for emails he received questioning the mask
mandate. They were for the most part well-researched and grounded in science. He opposed any
assertion there is a single source of all knowledge on this issue.
Councilmember Gutowsky reported on two House bills that will impact Fort Collins: one that will
give homeowners in mobile home parks an opportunity to buy the park if a land owner anticipates
selling it or changing its use and one that clarifies and strengthens the rights of mobile home park
residents. She thanked two Fort Collins mobile home residents for submitting testimony helping
the bills to pass.
Councilmember Gutowsky commended Chief Swoboda on the positive way he has addressed
demonstrators over the past few days.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
12. First Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020
Enacting Temporary Procedures for Remote Participation in Certain Meetings. (Adopted on
First Reading)
The purpose of this item is to update and replace Ordinance No. 061, 2020, in order to allow Council
to conduct business that has been postponed due to the local emergency set forth in the Ordinance.
This Ordinance will also allow boards and commissions to conduct business remotely using technology
set in place for Council meetings.
Councilmember Pignataro asked if this item needs to be adopted with a super majority. City
Attorney Daggett replied in the negative stating this is a regular ordinance that will come before
Council for Second Reading on June 16.
Councilmember Pignataro requested an overview of the ordinance. Rebecca Everette,
Development Review Manager, replied this ordinance amends and replaces the previous ordinance
related to remote meetings. She outlined the previous ordinance and discussed the exceptions that
were approved by Council. The ordinance relaxes the requirements for items to be heard by both
Council and other boards and commissions to allow for the continuation of regular and less urgent
June 2, 2020
City of Fort Collins Page 37
business using remote technology which will need to be used for the foreseeable future to ensure
proper social distancing.
Everette stated stricter considerations are retained for quasi-judicial hearings in the ordinance. The
ordinance also provides a change in who determines whether a remote or virtual meeting is
necessary and it simplifies who those decision makers are for each type of meeting. Other changes
include elimination of the requirements for all items to be pressing and require prompt action and
that one Councilmember be physically present. Other edits throughout the ordinance speak to
reorganize, clarify, and simplify the language to make its application and implementation simpler
for staff.
Councilmember Cunniff asked if the quasi-judicial aspects have remained the same. City Attorney
Daggett replied in the affirmative and stated the changes relate more to the basic premise of remote
meetings.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 079, 2020, on First Reading.
Mayor Pro Tem Stephens supported the ordinance as it is important to have boards and
commissions working again to provide advice on issues that are outside the emergency realm.
Councilmember Cunniff supported the ordinance, stating remote meetings will likely be necessary
for the foreseeable future.
Councilmember Summers supported the ordinance and stated he could see the use of remote
technology post-coronavirus.
Councilmember Pignataro thanked staff for the explanation.
City Attorney Daggett mentioned the 36-hour notice period required for a member to declare his
or her interest in participating in a meeting remotely and suggested there may be reasons for that
notice period to be decreased or eliminated.
Councilmember Cunniff suggested the notice period be changed to whatever amount of time staff
would need to prepare Council Chambers and ensure technology is functioning properly for
Second Reading.
RESULT: ORDINANCE NO. 079, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
June 2, 2020
City of Fort Collins Page 38
DISCUSSION ITEMS
13. Resolution 2020-050 Approving an Agreement to Secure Public Benefits for the Northfield
Development. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 4 - Items that are substantially complete, has completed significant public process, and is
ready for Council consideration. This item is being brought forward to help ensure that work does
not have to be redone and can continue to move forward.
This item is vital to secure necessary project financing and is also related to Council’s previous action
of approving a metropolitan district service plan to be used in this project to help fund certain public
benefits, i.e., much-needed affordable and attainable housing. The project will also provide additional
economic benefits of construction employment and significant permit fee revenue to the City. These
benefits are material, especially in the midst of the pending economic slowdown as a result of the
COVID-19 pandemic.
The purpose of this item is to consider Resolution 2020-050, which will approve the Agreement to
Secure Public Benefits for the Northfield Development (attached as Exhibit A to the Resolution) (Public
Benefits Agreement). The Agreement is contemplated in the Consolidated Service Plan for Northfield
Metropolitan Districts Nos. 1-3, approved by City Council on October 1, 2019. Staff has completed its
review of the Public Benefits Agreement to ensure it conforms to the service plan that was approved
by Council.
Josh Birks, Economic Sustainability Director, stated this item is the second step in the two-step
process for reviewing and approving the metro district service plan for the Northfield Metro
District. He provided an overview of the project, metro district requirements, and enforcement
mechanisms within the public benefits agreement. Two-thirds of the affordable units must be
completed prior to the second half of the market rate units and indicated staff recommends
adoption of the resolution.
Councilmember Cunniff asked if it would be possible to make additional specifications regarding
the voltage of the car charging outlets. Birks replied each garage unit will be required to have a
240-volt outlet as part of the public benefits agreement; however, it does not make any
specification relating to a level 2 charger. That specification is not in the service plan either;
therefore, this conforms with that language. Chris Bebout, Landmark Homes, replied a 240-volt
outlet will allow for a level 2 charger. Additionally, many companies use different fast-charging
configurations and the outlet will allow for any of those.
Councilmember Pignataro asked if the affordable housing units are all rentals. Chris Bebout
replied Landmark has signed a letter of intent with Mercy Housing to build rental units with the
hope of increasing the number of units over what was initially promised. Birks replied the service
plan was written to allow for the units to either be for sale or for rent in order to provide flexibility.
Councilmember Gutowsky asked whether the initial two-thirds of the affordable units will be for
sale or rent. Birks replied the current requirement is for the minimum of 43 units to be developed
in parallel to the first half of the market rate units and the existing letter of intent shows those units
will be rental units.
Councilmember Gutowsky asked about the community benefit of the metro district. Birks replied
the primary public benefits fall into policy categories of environmental sustainability, critical
public infrastructure, smart growth management, and other community priorities. He detailed the
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City of Fort Collins Page 39
benefits which include LEED Gold standard construction which will help work toward community
climate action goals. Additionally, the project contains affordable units as discussed, will
construct a section of Suniga Way, and upsize the existing sewer line in the area.
Regarding increasing the number of affordable units, Birks noted there is no guarantee that density
will be supported on the property and there is a significant planning process that needs to unfold
in order to achieve proposed density.
Councilmembers discussed options related to numbers versus a percentage of affordable units that
must be built prior to the completion of the market rate units. Birks noted there are three methods
by which the developer can achieve the required 43 unit, or 66%, requirement to allow the second
half of the market rate units to be built. The first is to develop the units, the second is the execution
of a contract for sale of the land or any portion of the property from the developer to a non-profit
or for-profit builder with a legally enforceable contract obligation to the City to deliver the units,
and the third is a reservation of any portion of the property to be developed under the development
plan that also achieves the number of units. The reservation must be for the benefit of the City
and legally enforceable.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Resolution 2020-050.
Councilmember Cunniff stated this meets Council's intent; however, he expressed concern there
has been little progress on metro district policies. He does not believe metro districts are the proper
tool for this type of outcome and will oppose the motion.
Mayor Pro Tem Stephens stated she would support the motion and commended Councilmember
Gorgol's efforts at improving the public benefits of the project. The metro district itself has already
been approved and this item fine tunes those public benefits.
Councilmember Gorgol stated she would support the motion citing the project's public benefits.
Councilmember Pignataro commended the work of the developer; however, expressed concern
about the metro district policy and stated the City has yet to see the completion of a successful
residential metro district.
Councilmember Gutowsky commended the developer's efforts; however, expressed opposition to
metro districts and stated she will oppose the motion.
Mayor Pro Tem Stephens noted the developer is required to follow through with the outlined public
benefits. Birks replied in the affirmative and noted this agreement must be approved by Council
prior to the metro district charging mills, issuing debt, or building improvements. The developer
is also required to enter into an intergovernmental agreement with the City that further states the
same items in the public benefit agreement.
Councilmember Cunniff expressed concern the metro district policy is not as much of a guarantee
that what the developer proposes will actually happen as it should be.
Mayor Troxell stated he would support the motion and commended the public benefits provided
by the project.
June 2, 2020
City of Fort Collins Page 40
Councilmember Summers expressed support for the project and stated developers need to be
trusted to follow through with their plan.
RESULT: RESOLUTION 2020-050 ADOPTED [4 TO 3]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Summers, Stephens, Troxell
NAYS: Pignataro, Gutowsky, Cunniff
14. Public Hearing and Resolution 2020-054 Approving the Programs and Projects that will receive
COVID-19 Response and Recovery Funding from the Federal Community Development Block
Grant Program. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
The purpose of this item is to approve the projects and activities recommended for funding from the
$649,203 Community Development Block Grant program for COVID-19 response and recovery
(CDBG-CV).
(Secretary's Note: Councilmember Gorgol recused herself from the discussion of this item due to
a conflict of interest.)
Beth Rosen, Social Sustainability Manager, stated this item provides recommendations for the
Community Development Block Grant (CDBG) COVID-19 response funding allocations to the
City by the Department of Housing and Urban Development. She outlined the CDBG program
and its goals and how this funding is utilized for COVID-19 specific response and recovery. Rosen
outlined the priorities for allocating the funds and stated it is estimated that nearly 2,000 residents
will be assisted with the funds.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2020-054.
Mayor Pro Tem Stephens stated this is a good news item and expressed support for the
recommendations. Councilmember Gutowsky and Mayor Troxell concurred.
RESULT: RESOLUTION 2020-054 ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
Motion to Continue Past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the
rules to continue past 10:30 PM in order to complete the agenda items and other business that
should come before the Council.
June 2, 2020
City of Fort Collins Page 41
RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
15. First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and
Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing
the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities
Customer Information and Billing System Project. (Adopted on First Reading)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis
The purpose of this item is to appropriate an additional $950,000 to purchase a Customer Information
System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater
and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system
that will collect revenues for utility and broadband services, serving as the accounting ledger for
Utilities revenue, which currently generates over $212 million in annual total revenue through an
average of 84,400 monthly utility bills and service requests for residential and commercial customers.
The City signed a Master Professional Services Agreement (MPSA) and Software License Agreement
with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The
CIS/OSS will be the system interface customers rely on for accurate utility billing that includes a robust
customer self-service web-portal interface for utility and broadband services that will assist customers
towards understanding utility usage and costs in order to make energy and water
conservation/efficiency investments, as well as Connexion product offerings.
The project was scheduled into two phases. Phase I implementation focused on functionality to
support Connexion, and Phase II implementation focused on functionality supporting our existing four
Utilities. Multiple factors have led to the extension of Utilities Go-Live from June 2020 to QIV 2020,
and the additional cost of $3.3 million in order to complete the project. Therefore, Open and City of
Fort Collins Utilities negotiated a cost-share distribution of the $3.3 million, recognizing the partnership
and long-term relationship needed for OSF as follows:
City of Fort Collins Utilities incurs 55%, for a total of $1.7 million.
Open incurs 45%, for a total of $1.4 million.
City of Fort Collins Utilities reimburses additional contingency/living expenses, estimated up to
$200,000.
Our existing four Utilities and Connexion will split the City of Fort Collins Utilities share ($1.9 million),
thus totaling $950,000 each for Connexion and the four utilities. Connexion has appropriated funding
within the Connexion project. This funding request will be shared across the four utilities.
Staff recognizes there is a potential for future risks, primarily related to employee turnover and illness,
due to the pandemic environment that continues into the foreseeable future. As such, there is a degree
of risk to meeting the fourth quarter Utilities Go-Live date. Therefore, staff is working with the vendor
to develop mitigating actions that will minimize vendor resource costs on the project in order to
eliminate and/or reduce those costs if there needs to be an extension of the project.
Mike Beckstead, Executive Advisor, discussed the history of this item and the new appropriation
funding of $950,000.
June 2, 2020
City of Fort Collins Page 42
Lisa Rosintoski, Utilities Deputy Director, discussed the Utilities billing system and strategic
alignment of this item. Transforming the Utility billing system with the addition of Connexion to
one operating system was desired to build a resilient solution without a single point of failure. She
detailed the original timeline for rollout of the new system.
Beckstead discussed the exceptionally aggressive timeline and resulting delay. There has been a
great deal of turnover in project management staff which has also contributed to the delay. Fort
Collins is the beta customer for this product in North America and working through that has taken
more time than originally expected.
Beckstead presented the revised timeline which anticipates a rollout in the September/October
timeframe. He discussed the need for the additional appropriation, 55% of which is being covered
by Fort Collins and 45% of which is being covered by Open, the vendor. In addition, the requested
appropriation is not coming from a fund that could be used to support other General Fund activities.
Staff recommendation is to approve the additional utilities appropriation of $950,000 and the
utilization of $950,000 of the prior approved Connexion capital appropriation.
Eric Sutherland questioned the decision for Fort Collins to be a beta site for an untested software
product in a marketplace where database development tools are extremely mature and inexpensive.
Councilmember Cunniff noted part of the delay and expense was attributed to changing
requirements such as adding video and regulatory issues. He asked if the regulatory issues were
not known at the beginning of the project and if the addition of requirements to the software is
complete. Beckstead replied the regulatory requirements were known in a general sense, but the
details of how they would be met and fulfilled added to the complexity of the situation.
Colman Keane, Connexion Executive Director, stated Open did not have any experience with the
U.S. tax code and some calculations took time. Some of the required changes are related to staff's
understanding of how the system works. Beckstead replied there will be some configuration of
new products as promotions and marketing campaigns that will be part of the normal course of
business, but the scope of service offerings for Connexion is stable at this stage.
Councilmember Cunniff stated he would support this item; however, his continued concern relates
to the project being late and well over budget. He requested regular updates on project
management, requirements, and assurance of delivery. Beckstead replied the configuration,
migration, and functional requirements are stable.
Councilmember Pignataro agreed regular updates would be beneficial including information on
how to prevent this type of overrun on budget and timeline again.
City Manager Atteberry stated he has no concerns about providing regular reports on this topic.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 076, 2020, on First Reading.
Mayor Pro Tem Stephens agreed the regular updates will be important and thanked
Councilmember Cunniff for the suggestion. Mayor Troxell agreed.
June 2, 2020
City of Fort Collins Page 43
RESULT: ORDINANCE NO. 076, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
16. Northside Aztlan Community Center Options - Consideration of a motion giving direction
concerning continued use of the Northside Aztlan Center as a homeless shelter during the
COVID-19 Local Emergency. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible.
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
The purpose of this item is to provide Council with detailed information about the temporary homeless
shelter services being provided at Northside Aztlan Community Center (NACC), plan for exit from
NACC, childcare, summer camp, and other recreational programming plans and impacts, and analysis
of potential options so that Council can provide direction regarding steps to move forward.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated this item is a follow-up to Council's
discussion last week and expressed appreciation for Council's recognition that this situation
represents many different and important community values and considerations. She reviewed the
strategic alignment of the different uses of the Aztlan Center and outlined options for the use of
the site in terms of its use as a recreation/childcare facility and as a temporary shelter for homeless
residents. She noted over 300 COVID-19 tests for Aztlan guests and staff have resulted in only
one asymptomatic positive result with five outstanding tests.
Kozak-Thiel stated staff is actively exploring ways of securing non-congregate shelter. She
outlined the financial implications for various use options at the Aztlan Center.
Holly LeMasurier, Homeward 2020 Director, stated work to end homelessness can change
systemic and structural inequities on a policy, practice, and program level. The work of Homeward
2020 includes how to grow social impact together with the City.
Mayor Pro Tem Stephens requested additional information whether the Senior Center could be
used for Camp Fun Quest. Kozak-Thiel replied there has been some concern regarding the turn-
around time of receiving the license for the facility to operate as a childcare facility. Kelly
DiMartino, Deputy City Manager, stated it would likely be difficult to obtain that license given
the state's timeline. Additionally, using the Senior Center for this use would disrupt its reopening.
Mayor Pro Tem Stephens requested additional information regarding the cost of non-congregate
housing in motel rooms. Kozak-Thiel replied it would be $133,000 a month for 25-50 people.
Mayor Pro Tem Stephens stated this is a very conflicted situation noting there are few options for
both uses.
Councilmember Gorgol asked about relocating the day camp use. Kozak-Thiel replied efforts in
this area have resulted in the partnership with Poudre School District to utilize Riffenburgh
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City of Fort Collins Page 44
Elementary School for the beginning of the Camp Fun Quest season. DiMartino replied other City
facilities have been examined and the only potential option is the Senior Center, though that is not
particularly realistic. Licensing issues and preparing buildings for fall sessions are both
problematic in utilizing other facilities.
Councilmember Gorgol asked how many kids per day are utilizing Camp Fun Quest. DiMartino
replied there are 120 students enrolled per day.
Councilmember Gorgol asked if it would be possible to break up the group into multiple smaller
locations. John Stokes, Interim Director of Community Services, replied all options are
conceivable; however, they may be difficult to execute. There are concerns related to staffing and
licensing for all facilities. DiMartino noted each location would require an onsite director and
those currently are not on staff. Additionally, multiple locations could put an extra burden on
families with children of multiple ages.
Councilmember Gorgol asked if other community partners were asked to undertake this
programming. DiMartino replied gaps in private programs have shown the urgent need for the
City program. Jason Chadock, Recreation Manager, replied staff has been working with outside
childcare providers and CSU to see what potential exists for additional space. Boys and Girls Club
have taken on a number of students and Poudre School District has cancelled all its summer
programs.
Councilmember Gorgol expressed concern about opening the Senior Center as seniors are still
being advised to stay home. The congregate site has been working for the homeless population
and putting those individuals back in the community makes them exceedingly vulnerable.
Councilmember Cunniff stated the Governor has lifted restrictions on seniors staying home and he
is leaning toward ending the congregate use of the Aztlan Center. He would support a budget offer
for non-congregate housing for the most vulnerable individuals, noting the cost would be about
80% of keeping the Aztlan Center open. The Aztlan Center was funded with a citizen's tax that
was passed explicitly for building a recreation facility; therefore, using it as congregate housing
long-term does not honor the intent of that tax. He asked if staff has only explored housing all 200
individuals in one site in terms of congregate housing. Kozak-Thiel replied the providers have
stated one hub has provided benefits in terms of offering consistent health screening. It is also
difficult to staff multiple sites.
Mayor Pro Tem Stephens asked why Base Camp is no longer an option. Kozak-Thiel replied
Poudre School District was unable to meet Title 1 requirements in terms of access and physical
distancing. Additionally, the Base Camp contract with PSD ended and the contract with the new
provider begins in the fall.
Councilmember Pignataro discussed the difficulty in finding summer childcare. Individuals who
must give up jobs to watch children could be put on a path to homelessness.
Councilmember Gorgol asked if a motel has been identified for non-congregate housing. Kozak-
Thiel replied staff has been in preliminary conversations with some potential hotel and motel
owners and there is ongoing work with state applications for funding with partner providers to
identify the prioritization process.
June 2, 2020
City of Fort Collins Page 45
City Manager Atteberry asked what would be covered by the $400,000 estimate and asked how
likely an option could be found. Kozak-Thiel replied that amount would cover about 90 days for
about 25 people to start and up to 50 people eventually. Larimer County is not willing to be an
applicant for state funding or funding partner; however, other entities have expressed interest in
partnering.
Councilmember Gorgol asked about the cost of operating the Aztlan Center. Kozak-Thiel replied
it is about $270,000 per month which does include health screenings.
Councilmember Gorgol stated it is irresponsible for the City to not provide an alternative for the
individuals utilizing the Aztlan Center. She asked if it would be possible to provide a centralized
camping location where hygiene facilities could be located.
Councilmember Gutowsky noted one of these uses generates income and the other consumes it.
She asked about the source of continued funding to sustain the homeless population indefinitely
and why the resources that existed for the homeless population before COVID-19 are no longer
adequate. City Manager Atteberry replied the physical distancing requirement significantly limits
the capacity of existing sites. He is not prepared to answer the question about ongoing funding;
however, there should be a series of recommendations coming from the group that is working on
the issue.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, that Council direct
the City Manager to work with the emergency shelter providers to extend the use of Northside
Aztlan Center as a temporary shelter for persons experiencing homelessness through August, per
option 2.
Mayor Pro Tem Stephens stated it is likely a place can be found for the three weeks of camp that
will be needed. Not having a place for these individuals to go could lead to a serious public health
issue.
Councilmember Gorgol expressed support for the motion. It is irresponsible to send individuals
onto the streets with no place to wash their hands.
Councilmember Gutowsky stated the virus surge that may happen is expected in the fall and
questioned where the homeless population will be housed at that point. Mayor Pro Tem Stephens
replied she does not have a plan for that time, but extending this use through August will buy some
time to determine another solution.
Mayor Troxell suggested the possibility of utilizing an exterior tented location with trailer showers
and handwashing stations. He is more supportive of option 1 to bring the Aztlan Center back to
its intended use. He expressed concern about ongoing expenses in combination with a loss of
revenue. Kozak-Thiel replied that option would need some input from Police Services and staff
has not fully discussed a full transition to an outdoor setting.
Councilmember Summers stated he would lean toward option 1; however, acknowledged it may
be easier to find space for the camp. He suggested the state may be willing to help fund facilities
for childcare.
Councilmember Gutwosky supported using the Aztlan Center for childcare and camps and agreed
with Councilmember Cunniff about the tax funding of the recreation facility. She also noted the
June 2, 2020
City of Fort Collins Page 46
Center is used by low-income residents for recreation, the Food Bank uses the facility to provide
meals, and provides recreation opportunities for teenagers as most other options have been
cancelled.
Mayor Pro Tem Stephens stated she has always advocated for childcare; however, she is concerned
about a public health emergency.
Councilmember Gorgol stated moving the homeless population to another temporary location is
detrimental to building relationships. The cycle of homelessness is continued by building and
breaking trust.
Councilmember Pignataro stated there are no winners in this situation and noted the work on
addressing homelessness issues will continue.
Councilmember Cunniff asked if an appropriation request will be coming forward for the
continued funding for the Aztlan Center if option 2 is approved. City Manager Atteberry replied
there may be CARES Act dollars that could be used to reimburse the costs. Kozak-Thiel replied
the current operating costs come from a myriad of sources, though none are secured and guaranteed
to continue; therefore, she cannot state with certainty what appropriation would be needed at this
point.
Councilmember Gutowsky expressed concern that support for this option is supporting something
with no guaranteed funding. City Manager Atteberry replied staff would return with a solution;
however, he cannot describe it in any detail at this point.
RESULT: MOTION TO ADOPT OPTION 2, DEFEATED [3 TO 4]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Gorgol, Summers, Stephens
NAYS: Cunniff, Troxell, Gutowsky, Pignataro
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, that Council
direct the City Manager to continue with the existing plan for the emergency shelter providers to
vacate the Northside Aztlan Center on June 19, 2020 and proceed as efficiently as possible to
reopen the Center as a recreation facility with the additional direction to continue looking at the
hotel option for the most vulnerable population.
Councilmember Cunniff stated there is no easy vote on this and indicated he would support the
$400,000 expenditure for the hotel option.
Councilmember Gutowsky stated she would support the motion and supported examining a large
tent type facility.
Mayor Troxell acknowledged Mayor Pro Tem Stephens' statement related to a public health
emergency and agreed the solution is not captured in this motion.
June 2, 2020
City of Fort Collins Page 47
Mayor Pro Tem Stephens stated the work on the homelessness issue must continue. City Manager
Atteberry replied City staff would always continue that work.
Councilmember Gorgol questioned whether the camping ordinance will be enforced and whether
handwashing stations can be set up. She suggested the motion include direction for staff to
continue to work with service providers. Councilmembers Cunniff and Pignataro accepted the
inclusion of that language as a friendly amendment.
Councilmember Cunniff suggested he could support allowing camping on private property where
restroom facilities are accessible.
Councilmember Gorgol asked if an emergency ordinance could be brought forward next week to
allow camping on private property. City Manager Atteberry replied in the affirmative and noted
security would need to be addressed as well.
City Attorney Daggett noted the challenge with having an emergency ordinance next week is
related to articulating the parameters and limitations that would be imposed, though it could be
done.
Councilmember Gutowsky asked if the camping would include church property.
Councilmember Cunniff replied he assumed churches would be the most likely private properties
to be willing to host camping.
Mayor Troxell stated this heightens the purpose of the task force to find a longer-term solution for
homelessness.
City Manager Atteberry stated staff will do everything possible to bring forth an emergency
ordinance next Tuesday and he will let Council know right away if there is a problem with that.
RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
NAYS: Stephens
ADJOURNMENT
Consideration of a Motion to adjourn to June 9, 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn to
Tuesday, June 9 at 6:00 P.M. for such other business as may come before the Council.
RESULT: ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
AWAY: Summers
June 2, 2020
City of Fort Collins Page 48
The meeting adjourned at 12:42 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 49
June 9, 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, staff, and citizens attended the meeting remotely, via
teleconference.)
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
STAFF: Atteberry, Daggett, Coldiron
ROLL CALL
1. Staff Report: Discussion to follow up on items related to homelessness and preliminary considerations
for an Emergency Ordinance authorizing limited camping on private property.
City Manager Atteberry noted the consideration of this item is in direct response to feedback
received at the last Council meeting.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated the Aztlan Center emergency shelter will
close to shelter use on June 19.
The Murphy Center will reopen on June 22 to provide weekday shelter and the resumption of core
services including mail, laundry, lockers, and showers, among others. Enhanced health protocols
will be in place and restrooms, handwashing facilities, and hydration stations have been added
outside the building. Dinners will be served at the Rescue Mission with about twenty diners
allowed at a time. Regarding overnight shelter, Catholic Charities will house about 60 individuals
and the Rescue Mission will house about 43 individuals.
Kozak-Thiel outlined the plan for providing non-congregate shelter in motel/hotel rooms for 25 to
50 individuals for 90 days. She also highlighted additional mid- to long-term solutions including
Housing Catalyst housing vouchers and rental assistance from Neighbor to Neighbor. Staff is
continuing to look for large spaces for congregate shelter and is examining resources for fall and
winter needs should there be a resurgence of COVID-19.
The current private property camping ordinance states camping is allowed on residential properties
with permission of the owners for no more than seven consecutive days and no more than fourteen
days in a year. The time limit is currently suspended by the emergency rule for campers and RVs
only. There is also community-based sheltering which allows up to fifteen people to be sheltered
in a church or non-profit.
Considerations regarding an Emergency Ordinance allowing additional camping include whether
the Ordinance would apply to tent or car camping or both, how density would be calculated,
whether minimum standards such as parking lots and proximity to bus routes should be applied,
whether there should be an overnight-only requirement, security, and daily clean-up protocol. The
permit process will be administered by Community Development and Neighborhood Services and
noted Police Services will be the responding agency for criminal code violations and safety
concerns.
June 9, 2020
City of Fort Collins Page 50
Subsequently, staff will have another strategy session, continue work on the non-congregate
shelter program, and look for other options for an alternate congregate shelter site. Also, the City
Manager's Advisory Committee on homelessness will resume work on June 11.
Councilmember Gutowsky requested staff input regarding the regular services provided at the
Aztlan Center. John Stokes, Deputy Director Community Services, replied there are 190,000 users
per year and 30,000 program participants per year. The Center is well utilized by a diverse
population. When it reopens, staff is anticipating 250-350 users per day. Bob Adams, Recreation
Director, noted the Center is a community center focusing on quality of life programs for all ages
and abilities.
Councilmember Gutowsky requested a review of why it was difficult to provide an alternate site
for the City day camps that utilize the Center. Stokes replied any space utilized for childcare must
be licensed by the state, and that process is difficult and time-consuming. Poudre School District
has been unable to host camps at their buildings as they are planning to reopen facilities in the fall
and need time to prepare the building.
Councilmember Summers asked about the details of the non-congregate hotel housing options.
Kozak-Thiel replied the cost associated with that include the room, food, and supportive services.
The housing would go to the most vulnerable homeless citizens including those over 65 and those
with an underlying health condition and would begin as soon as possible.
Councilmember Summers suggested the possibility of saving the funds for that housing for a
possible virus surge in the fall and asked about the supportive services. Kozak-Thiel replied the
focus with the non-congregate shelter program is to concentrate on the most vulnerable and
connect them with housing for rapid rehousing, which will hopefully lessen the demand for
congregate or non-congregate shelter space in the fall.
Mayor Pro Tem Stephens stated this is a public health emergency and expressed concern about
bringing the currently housed population out into the community. She commended the work done
on the issue. She also inquired what will be different with the rapid rehousing program. Kozak-
Thiel replied there will be an increased number of vouchers and housing navigation support for
the most vulnerable.
Mayor Pro Tem Stephens asked if there are enough housing navigators to support these efforts.
Kozak-Thiel replied they are in the process of hiring additional staff for this purpose which is one
of the top recommendations from Homeward 2020's ten-year plan.
Mayor Pro Tem Stephens expressed concern about getting service providers to several different
non-congregate locations. She supports funding for large tents outside the Murphy Center for day
shelter uses and inquired if there is a gap in meal service that will result from the Aztlan Center
closure. Kozak-Thiel replied the Rescue Mission will resume dinner service and is deciding
whether the second service meal is going to be breakfast or lunch with the third meal being a to-
go option or potentially served by the faith community.
Mayor Pro Tem Stephens asked about the status of the Faith Family Hospitality House. Kozak-
Thiel replied it is currently in rehabilitation and will hopefully be open soon.
Mayor Troxell commented on a fundraiser for Family Housing Network.
June 9, 2020
City of Fort Collins Page 51
Councilmember Summers expressed support for allowing camping on private property.
Councilmember Cunniff thanked staff for their work on this issue. He suggested having a
conversation with health professionals regarding when the implementation of a non-congregate
housing option would lead to the best health outcomes. He supported external tents at other service
provider locations but expressed concern whether housing vouchers would fill gaps because
vouchers have been available before and have not been utilized because a variety of renters did
not accept them.
Regarding camping, Councilmember Cunniff stated an Emergency Ordinance may not be the best
way to accomplish the desired outcome. Proper parameters must be outlined to eliminate
neighborhood impacts and noted he wants to avoid camping occurring in natural areas, parks, and
green spaces. He supports funding the non-congregate housing option because providing housing
for the most vulnerable could make a difference in having enough ICU space in hospitals.
Councilmember Pignataro asked if the Rescue Mission will be increasing meal service hours to
accommodate the fact that they can only seat twenty people at a time. Seth Forwood, Senior
Director of Fort Collins Rescue Mission, replied meal service hours will be extended but the time
each group of people will be allowed inside the building will be limited, which results in people
standing outside longer.
Councilmember Pignataro asked if Mason Place is still on track for completion at the end of 2020.
Kozak-Thiel replied it is on track for completion.
Councilmember Gorgol asked if Catholic Charities and the Rescue Mission will be completing
health screenings. David Rout, Executive Director of Homeward Alliance, replied there will be
daily health screenings at the Murphy Center that will either revolve around meals or other
activities. Catholic Charities and the Rescue Mission have already implemented significant health
protocols and screenings into their shelter operations as they exist now. The Health District will
provide additional training when the Aztlan Center is vacated.
Councilmember Gorgol asked if there is enough staff with service providers to provide adequate
case management if both the hotel and camping options are implemented. Kozak-Thiel replied
providers have expressed concern about decentralized staffing. She clarified the non-congregate
housing will occur in one hotel and the housing navigator will be available for all residents.
Councilmember Gorgol expressed concern that more locations will lead to an increased chance of
a community outbreak of COVID-19. While it would be nice to have a larger community
discussion about camping, the luxury of time does not exist because of the closure of the Aztlan
Center.
Mayor Troxell expressed concern about camping and the ability to provide necessary services.
City Manager Atteberry stated it appears pursuing the camping option is not the highest and best
use of staff time. The Homeless Services Committee work is long-term.
Councilmember Gorgol asked what will happen with individuals for whom there is no space and
whether they will be ticketed for camping. Kozak-Thiel replied non-congregate shelter is advised
by the CDC for vulnerable populations and hopes that a community plan will be in place for the
next 90 days by June 19. There were gaps in shelter space prior to COVID-19 and there are
additional gaps now which service providers are working tirelessly to fill.
June 9, 2020
City of Fort Collins Page 52
Councilmember Pignataro asked if camping citations have increased. Chief Swoboda replied he
does not have exact numbers, however, there has been less disruptive behavior than in the past
because of the use of the Aztlan Center. Some tickets have been issued outside the Aztlan Center
recently. City Manager Atteberry stated exact numbers will be provided in Council's Thursday
packet.
Stokes stated park rangers have not seen an increase in camping activity since the camping area
outside the Aztlan Center was closed.
OTHER BUSINESS
1. Metropolitan District Policy.
Councilmember Cunniff requested Council support of a six-month moratorium on receiving
metropolitan district applications until the metropolitan district policy has been refined.
Mayor Troxell opposed a moratorium because he does not believe any metro districts will be
coming forth and it sends the wrong message to the community. Councilmember Summers agreed.
Josh Birks, Economic Health Director, stated a few projects have expressed some interest in
metropolitan districts, but it is unclear when the applications may come forward. The policy
indicates staff will not guarantee an applicant can meet the November timeline if the application
is not submitted before the end of May. There are two new projects and two existing metropolitan
districts that may seek amendments, one for Block 23 and one for Harmony and I-25.
Councilmember Pignataro supports a moratorium because she had unanswered questions and does
not want developers to expect a metropolitan district could happen.
Councilmember Gutowsky supported a moratorium as there has yet to be a metropolitan district
come to fruition.
Councilmember Gorgol viewed metropolitan districts as a larger part of the housing conversation.
Mayor Pro Tem Stephens was interested in additional information.
Mayor Troxell did not believe there is a clear directive to bring a moratorium forward but there is
some curiosity regarding their impacts.
Councilmember Cunniff stated he supported a moratorium of six months or until the policy is
changed, whichever comes first.
Councilmember Gutwosky urged Council to consider the moratorium.
City Attorney Daggett stated she is hearing three Councilmembers interested in a moratorium on
applications for a period of up to six months until Council could complete a review of the
metropolitan district policy. The soonest Council could consider an ordinance would be June 16
with Second Reading in July.
City Manager Atteberry noted current policy is that staff would move forward if three
Councilmembers support an issue unless the other four direct otherwise.
June 9, 2020
City of Fort Collins Page 53
Mayor Troxell opposed the issue coming forward.
Councilmember Gorgol stated she would support having a conversation.
Councilmember Summers supported having a conversation but suggested a moratorium does not
serve the purpose as it is too late for applications for the November election.
Councilmember Pignataro stated she would like the metropolitan district policy to be examined
through an equity lens.
City Manager Atteberry stated staff will bring forth a moratorium Ordinance for Council
consideration.
Mayor Pro Tem Stephens requested staff include information related to the number of affordable
units approved as part of metropolitan districts and alternative methods that would provide a
similar number in other projects.
Councilmember Cunniff asked how staff will be forwarding comments to Larimer County
regarding the Northern Integrated Supply Project (NISP). City Manager Atteberry replied he will
respond in Council's Thursday packet.
ADJOURNMENT
The meeting adjourned at 9:29 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 54
June 16, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular 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, Councilmembers, staff and citizens had the option to participate remotely or live
in Council Chambers.)
Mayor Troxell and City Clerk Coldiron outlined the hybrid meeting approach and public
engagement options.
ROLL CALL
PRESENT: Pignataro (remote participation), Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present (remote participation): Atteberry, Daggett, Coldiron
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted a discussion regarding possible next steps around equity, inclusion,
and community concerns regarding police policies and related social impacts has been added to
Other Business. Additionally, Council will be considering a motion to adjourn to 6:00 PM next
Tuesday, June 23.
PUBLIC COMMENT
Stacy Lynne discussed Chapter 17 of the Municipal Code and stated there have been ongoing
systemic abuse of homeless citizens in Fort Collins. She supported repealing the “You Plus Two”
ordinance and requested homeless citizens be included in the discussion around how to end
homelessness. She opposed the closing of the shelter at the Aztlan Center and opposed the face
covering requirement.
Michael Howell discussed homelessness in Fort Collins and encouraged the formation of a
transitional shelter for homeless residents.
Jerry Gavaldon commended the work of Chief Swoboda and Police Services.
Eric Sutherland stated the City Manager does not have the authority to enact rules and regulations
that carry a penalty for violation. He stated Connexion is the largest public policy failure in
Colorado municipal history.
Kathryn Castle stated the Fort Collins face mask ordinance is unconstitutional and requested it be
repealed. She also requested the City open swimming pools and allow individuals to assess their
own risk.
Gina McCraken discussed the Police Services budget and stated that money could be better spent
in other areas in the Neighborhood Livability and Social Health categories.
June 16, 2020
City of Fort Collins Page 55
Marisol Jackson, New Hope Youth Ranch Executive Director, stated she has not been able to get
any clients in for psychiatric evaluation during the pandemic.
Alia Black asked what Council is doing to help Poudre School District students who are working
to remove police officers from school buildings.
Will (no last name given) opposed the closing of the Aztlan Center shelter and supported shifting
resources away from policing.
Leanna Warren discussed the need for police and education reform.
Nicki (no last name given) opposed the closing of the Aztlan Center shelter. Both racism and
homelessness are systemic. She proposed lifting the camping ban indefinitely and supported
defunding the police department.
Christine (no last name given) discussed racism and police brutality and stated this is the time to
commit to change. She supported an independent assessment of workplace culture within the
police force, advocated for greater decision-making power by the Citizen Review Board, proposed
a review of the accountability measures in place, and asked what percentage of the City's budget
goes to policing. Additionally, she requested ongoing remote access to Council meetings.
Lynn Thompson, Fort Collins Homeless Coalition, thanked the Councilmembers who supported
leaving the Aztlan Center shelter open until August as closing it threatens to turn a public health
emergency into a humanitarian crisis. She opposed utilizing funds to ticket unhoused people.
Gray Davidson stated the Aztlan Center shelter has provided a place for him and others with similar
issues to rest and recover from illness.
Rebecca Robinson expressed concern about the Aztlan Center shelter closing.
Helen Migchelbrink thanked Council for its work and commended the work of Police Services.
She requested additional code enforcement around the placement of signs in the public rights-of-
way.
Liz Tufty discussed the cyclic nature of arrests and fines for homeless residents.
Siwook (no last name given) opposed the closing of the Aztlan Center shelter and requested
Council consider temporary and permanent solutions to homelessness. He supported an end to the
camping ban.
Melissa (no last name given) discussed the Police Services budget and suggested those funds be
used for mental health and community services.
Kate Weimer discussed the City's proclamation regarding systemic racism and stated the Aztlan
Center shelter should not be closed nor should tickets be issued for camping.
Rebecca Robinson expressed concern about the Aztlan Center shelter closing given the heat of the
summer.
Francis Kathryn Kimberly stated she is homeless and has several underlying health conditions that
will be exacerbated by the heat. She opposed the closing of the Aztlan Center shelter.
June 16, 2020
City of Fort Collins Page 56
Dave Zook requested assistance with temporary shelter for homeless residents and a temporary
moratorium on the camping ban.
Dan (no last name given) stated he is homeless and questioned how the City and Council are going
to help with the situation.
Cheryl Distaso, Fort Collins Homeless Coalition, opposed the closing of the Aztlan Center shelter
as the closing of the outdoor encampment in the neighboring park destroyed a community that was
being built by people experiencing homelessness. Closing the shelter will create a humanitarian
crisis and possible public health emergency. She also requested a repeal of the camping ban.
PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff stated the current research summarized most recently shows that cloth
face coverings are effective in reducing the spread by droplets of the COVID-19 virus. If wearing
facial coverings and physical distancing is stopped, a dramatic increase in infection rates will
result. He requested an update on the search for non-congregate housing, noting the Aztlan Center
was built for a different purpose and was funded by a specific tax for that purpose.
Councilmember Gorgol stated there was no knowledge of a global pandemic when the Aztlan
Center was funded, and people fear having no shelter. She requested an update regarding cooling
shelters.
Beth Sowder, Social Sustainability Director, stated Council will be considering an appropriation
from City reserves to help cover the funding for non-congregate shelter at next week's adjourned
meeting. The non-congregate housing will be for older homeless residents and those with
underlying health conditions. She also noted the Fort Collins Rescue Mission is working to help
secure up to 15 spaces for at-risk individuals during the interim between the closure of the Aztlan
Center shelter and opening of the hotel non-congregate shelter. Staff is working on a congregate
option; however, there has yet to be a location identified. She did not have any information on
cooling centers but noted the Murphy Center will be available for day shelter until 1:00 PM.
Councilmember Gorgol requested a memo regarding community programming and the police
budget. The outcomes in the budget do not address the types of conversations people want to have
around systemic racism and homelessness issues. She would like to see additional specificity to
indicators of success in budget outcome areas. She also requested additional information regarding
the dates for public participation on the budget. Kelly DiMartino, Deputy City Manager, replied
the plan should be complete this week.
Mayor Pro Tem Stephens thanked the speakers and encouraged citizens to stay involved and
participate in the budget process. She also discussed the importance of addressing systemic racism
in the community and ensuring all citizens feel protected. She did not support closing the Aztlan
Center shelter this early and encouraged staff to investigate cooling centers and temporary shelter
options for individuals with chronic health conditions.
June 16, 2020
City of Fort Collins Page 57
City Manager Atteberry discussed the change from the typical two-year budget cycle to a one-year
budget cycle. He also noted the safe community outcome area includes Police, Fire, and
Stormwater.
Mayor Troxell stated it is the budget that reflects Council and community priorities, which is why
public engagement in the process is important. He asked if the emergency ordinance regarding
allowing business signage applies to election signs. City Manager Atteberry replied the intent of
the COVID emergency regulation was to inform the public of open businesses.
CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items on the Consent Agenda.
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 of the May 12, 2020 Adjourned Council Meeting and
May 19, 2020 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the May 12, 2020 Adjourned Council Meeting
and the May 19, 2020 Regular Council meeting.
2. Second Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light
and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and
Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the
Utilities Customer Information and Billing System Project. (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite of the current crisis
This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates an additional
$950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS)
for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing
system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services,
serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in
annual total revenue through an average of 84,400 monthly utility bills and service requests for
residential and commercial customers.
3. Second Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the General Fund for the Emergency Management Performance Grant.
(Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 2 - Emergency-related items that are not urgent but require Council approval.
This Ordinance, unanimously adopted on First Reading on June 2, 202, appropriates unanticipated
grant revenue in the General Fund for the Emergency Management Performance Grant-Special
June 16, 2020
City of Fort Collins Page 58
Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of
Homeland Security and Emergency Management (DHSEM) to support emergency management
programs. The grant directly supported purchasing an emergency management credentialing system
(Salamander) and required a local match of $10,951. Matching funds were appropriated and
unexpended in the 2020 Emergency Preparedness and Security operating budget and will be
transferred to the Emergency Management Performance Grant-Special Projects program.
4. Second Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the
General Fund for the Restorative Justice Services Program. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 6 - Items that relate to funding, operation, and business activities that the City must
continue despite the current crisis.
This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services
(CDNS). The City has received an amendment to an existing grant providing $12,474 in additional
funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support
Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the
Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The
amendment to the existing grant provides additional funds for a specific project - the creation of videos
and other outreach materials to increase awareness for Restorative Justice Services. No match is
required. The additional funds were awarded from extra funds the state grant funding agency made
available toward the end of the grant cycle (7/1/2019-6/30/2020) and the funds must be spent by June
30, 2020, the end of the current grant cycle.
5. Second Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061,
2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 2, 2020, updates and replaces
Ordinance No. 061, 2020, to allow Council to conduct business that has been postponed due to the
local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions
to conduct business remotely using technology set in place for Council meetings.
This Ordinance has been amended on Second Reading to change the time required to notify City Clerk
of remote participation from thirty-six (36) hours to three (3) hours.
6. Resolution 2020-055 Authorizing Acquisition of Certain Assets and Operational Control of the
Community Solar Project Located at the Riverside Avenue and Mulberry Street Intersection.
(Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration.
The purpose of this item is to authorize Fort Collins Utilities (“Utilities”) acquisition of the assets of the
Riverside Community Solar Project from Clean Energy Collective (“CEC”). Utilities will subsequently
perform all program management and customer support functions, as well as operations and
maintenance of the facility. CEC has been the owner, developer and operator of the Riverside
Community Solar array since its construction in 2014-2015. CEC and Utilities have reached agreement
on a transfer of ownership of the assets of the solar site to consolidate all program functions under
Utilities. Current customers who own panels in the solar array will continue to receive credits on their
bill, as they do today, based on the City’s applicable time of day rates as set forth in the City Code.
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7. Resolution 2020-058 Declaring that Fort Collins is Essential and Expressing Council's Support
of Fair, Direct Federal Emergency Support to Reopen and Rebuild Local American Economies.
(Adopted)
The purpose of this item is to provide support for the National League of Cities’ efforts as they implore
Congress to provide direct federal support to all of America’s cities regardless of population size.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Troxell commented on Item No. 7, Resolution 2020-058 Declaring that Fort Collins is
Essential and Expressing Council's Support of Fair, Direct Federal Emergency Support to Reopen
and Rebuild Local American Economies, which aligns Fort Collins with the National League of
Cities campaign. noting that cities are essential and participation in that campaign advocates for
direct federal support to come to Fort Collins and other mid-size cities in the next federal stimulus
package in light of COVID-19.
Mayor Pro Tem Stephens commented on Item No. 4, Second Reading of Ordinance No. 078, 2020
Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services
Program, stating it is one way the community has been able to keep young people out of the
Municipal Court system.
Mayor Troxell commented on the success of the Restorative Justice Services Program.
STAFF REPORTS
A. Community Dashboard Metric-Response to Priority 1 Calls. (staff: Rena Martinez, John Feyen)
Rena Martinez, Director of Information Services, stated this item relates to the safe community
outcome area and measures the average response time to priority 1 calls. The goal is to have a
response time of 5 minutes and 30 seconds from call to officer on scene. She discussed the various
time stamps for a response to a call and the average time between each of those and noted the
overall average from call creation to officer on scene for 2019 was 5 minutes and 9 seconds.
Assistant Police Chief John Feyen stated the time stamps and this information is used to make
informed decisions regarding staffing levels and deployments.
Mayor Pro Tem Stephens asked how decisions are made on priority 1 calls regarding co-
responders. Feyen replied an officer will make an initial observation and then make a
determination about calling a co-responder, or will perhaps make that decision while on route. The
co-responder program is currently housed with UC Health EMS and it consists of a mental health
social worker and a community paramedic.
Mayor Pro Tem Stephens asked about the numbers of priority 1 calls. Feyen replied there were
207 in 2019.
Mayor Pro Tem Stephens asked if there are gaps in the co-responder program or if it is properly
staffed. Feyen replied there are gaps in the coverage as there is only one team that can respond.
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Councilmember Pignataro asked about multi-lingual services. Martinez replied there are some
dispatchers who are semi-fluent in Spanish and staff always has access to a language line which
allows for a three-way conference call within seconds.
Councilmember Summers questioned how many social workers would be willing to respond to
priority 1 calls; therefore, he stated rushing to defund police may not be the best idea.
B. COVID-19 Update-Workforce Development Update. (staff: SeonAh Kendall)
SeonAh Kendall, Senior Economic Manager, stated the community is currently in the pre-recovery
phase and she discussed the five-county region of employment and the labor force. Economic
health has been focused on disadvantaged business enterprises over the last couple years and noted
“recovery for all” is a priority. Kendall mentioned NoCo Ready, which is the Northern Colorado
Regional Economic Development Initiative.
Adam Crowe, Larimer County Economic Development Manager, discussed the increase in
unemployment over the last three to six months due to the pandemic. Not every industry was
impacted to the same extent and he discussed the factors examined in the statistics, including
gender, age, and race. He discussed virtual hiring sessions, the work-based learning alliance, and
other factors in workforce recovery.
Councilmember Gorgol asked how many jobs are represented by the 11% County unemployment
rate. Crowe replied there are between 150,000 and 160,000 people in the Larimer County
workforce.
Councilmember Gorgol asked how many jobs are anticipated to not return. Crowe replied he could
not provide a percentage at this point; however, the biggest industries expected to be affected are
retail and service.
Councilmember Gorgol asked if there are resources available for individuals not seeking
unemployment benefits. Crowe replied food assistance and Medicaid programs are available.
Councilmember Gorgol asked how the future of the workforce is changing particularly given
people ages 25 to 34 are living through the second recession of their lifetimes. Crowe discussed
the work-based learning alliance which is a coalition of organizations that offer work-based
learning throughout the continuum of ages. He noted there is also work being done with school
districts and colleges related to workforce opportunities.
Councilmember Gutowsky asked how work is being done to diversify the demographics of the
workforce and business ownership given the fact that 79% of the area workforce is white. Crowe
replied many challenges are systemic and skills-based hiring is becoming more of a focus as is
hiring an individual to be an addition rather than just a fit.
Mayor Pro Tem Stephens noted women make up the majority of those seeking unemployment and
with school possibly starting part-time in the fall, she asked what kinds of options are being
considered for childcare. Kendall replied childcare has been a challenge for years and a task force
was formed to address the issue pre-COVID.
Mayor Pro Tem Stephens expressed concern about the low graduation rates for LatinX students
and asked how the County works with the school system. Crowe replied his organization has a
well-established and effective youth program that serves young adults ages 16 through 24. The
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work-based learning alliance has grown out of that program and there has also been a rise within
school districts of career and technical education that matches up with industry need. Growth is
also seen in individuals getting GEDs.
COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on individuals providing bottled water and masks for
demonstration attendees.
Councilmember Gorgol reported on a listening session with the Police Chief and noted the
recording is on the City's website.
Councilmember Cunniff reported the Platte River Power Authority announced the closure of the
Rawhide coal generating station in July of 2030, which is a significant step toward Fort Collins'
100% renewable electricity goal by 2030.
Mayor Pro Tem Stephens reported on the Pride Month Proclamation and the listening session with
the Police Chief.
DISCUSSION ITEMS
8. Items Relating to the Completion of the 2020 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable
Housing Fund (AHF) and the City’s Human Services Program (HSP), and Appropriating
Funding Accordingly. (Adopted on First Reading)
A. Public Hearing and Resolution 2020-056 Approving the Programs and Projects that Will Receive
Funds from the Federal Community Development Block Grant Program, HOME Investment
Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services
Program.
B. Public Hearing and First Reading of Ordinance No. 081, 2020, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
C. Public Hearing and First Reading of Ordinance No.082, 2020, Appropriating Unanticipated
Revenue in the HOME Investment Partnerships Fund.
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
The purpose of this item is to approve funding recommendations of the 2020 Spring Cycle of the
Competitive Process and appropriate federal dollars. The Resolution will complete the 2020 Spring
Cycle of the Competitive Process for allocating $3,480,278 in City financial resources to affordable
housing and public facility projects, human service programs and administration of the programs. The
Ordinances will appropriate the City’s FY2020 CDBG Entitlement Grant and FY2020 HOME
Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and
CDBG program income and CDBG reconciled funds from FY2018 and FY2019, and HOME program
income and HOME reconciled funds from FY2018 and FY2019.
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Councilmember Gorgol recused herself from the discussion of this item due to a conflict of interest.
Adam Molzer, Grant and Community Partnership Coordinator, discussed the annual competitive
grant process which is administered by the Social Sustainability department to award grant funding
to affordable housing and community service programs in Fort Collins. Funding for the
competitive process is sourced from federal resources as well as the City's General Fund and Keep
Fort Collins Great revenues. He outlined the fund designations and requested proposals for
funding.
Kristin Candella, Habitat for Humanity, thanked the CDBG Commission and Department of Social
Sustainability for their support through the competitive process and for their funding
recommendations.
Jason Morgan, A Little Help, discussed the mission of his organization and thanked the City for
its support.
Councilmember Pignataro thanked the CDBG Commission for its work and asked about the
reasoning behind fully funding several of the housing requests and funding zero of some requests
whereas in the human services space, the funding recommendations were more spread out. Beth
Rosen, Affordable Housing Program Administrator, replied housing is unique because the
applications are primarily for completion of a total project.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2020-056.
Councilmember Cunniff thanked the applicants and CDBG Commission for its work and
recommendations.
Mayor Pro Tem Stephens commended the evaluation system and work of the CDBG Commission.
Councilmember Gutowsky commended on the Habitat for Humanity/Poudre High School
collaborative program.
Mayor Troxell commended the Habitat for Humanity and A Little Help programs.
RESULT: RESOLUTION 2020-056 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 081, 2020, on First Reading.
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City of Fort Collins Page 63
RESULT: ORDINANCE NO. 081, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 082, 2020, on First Reading.
RESULT: ORDINANCE NO. 082, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
(Secretary's Note: The Council took a brief recess at this point in the meeting. Mayor Troxell left
the meeting at this time.)
9. Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the
Gateway Area and the Harmony Corridor Standards and Guidelines. (Adopted on Second
Reading)
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Second Reading Ordinance
Items that are substantially complete, have completed significant public process, and are ready
for Council consideration. These items are being brought forward to help ensure that work does
not have to be redone and can continue to move forward.
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.
Cameron Gloss, Planning Manager, stated this is Second Reading of the Ordinance amending the
Harmony Corridor Plan. Council will be addressing three items: standards which are mandatory
regulations in the Land Use Code, guidelines for suggested design elements, and changes to the
overall vision for the Gateway. Gloss detailed the change in recommended uses for the area and
the desire to preserve the overall naturalistic character of the landscape. Council has received two
letters expressing concern about the landscape design standards for setbacks and the overall 40%
naturalistic requirement from the legal counsel representing the primary property owner in the area
since First Reading.
J.D. Padilla, owner of 250 acres of the Harmony and I-25 interchange, stated this amendment will
solely affect his property. He opposed the 40% naturalistic requirement and stated that type of
requirement has never been placed on any private property owner. Council expresses support for
minority-owned businesses but does not act in that manner.
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City of Fort Collins Page 64
Ray Martinez opposed the 40% naturalistic requirement stating it is a forced taking which will
result in a great deal of lost tax revenue for the City.
Carolynne White, Brownstein, Hyatt, Farber, Shreck, spoke on behalf of Harmony McMurray,
LLC, which is the ownership group of the property. The property is estimated to generate around
$470 million over a 25-year period in net new revenues to the City without the 40% requirement.
However, if the amendment is adopted, the property will be rendered virtually undevelopable and
the City will not be able to realize that monetary benefit. She also expressed opposition to the
requirement for the property owner to install and maintain landscaping on 40% of the property.
White stated her client has attempted to work with the City to develop an alternative proposal and
stated government cannot impose the burden of providing a public good, such as open space, on a
single property owner for the benefit of the public. She requested Council decline adoption of the
amendment.
Roxanne Whorton expressed support for the 40% naturalistic requirement and requested Mayor
Troxell and Councilmember Summer recuse themselves from voting on this item as they have
fully embraced the developer's requested amended proposal from the beginning and have ignored
concerns raised by residents.
Mike Feldhousen expressed support for the staff recommended ordinance and discussed an
alternative scenario developed by citizens that he feels may be even better for the community.
This scenario better honors the City's desired sense of place for a community-oriented gateway.
Jacob Steele, representative for Harmony McMurray, LLC, stated his organization would like to
assist the City with budget shortfalls and the best way to do that is through the generation of jobs
and taxes to help fund public services. Adopting the amendment in its current form will render
the property undevelopable and valueless and the property would then not be able to provide
benefits to the City.
Tau Hackney, Harmony McMurray, LLC, opposed adoption of the Harmony Gateway amendment
and discussed the investments he and his partners have made in the city. This vote will affect the
City's ability to attract investments from the business community in the future.
Councilmember Gutowsky stated she was stunned at Mr. Padilla’s assertion that Council’s vote
was racially motivated and that it is an all-white Council. She is in fact of Hispanic heritage and
makes her decisions based on representing her constituents.
Councilmember Summers asked if the current state of the property is considered naturalistic.
Gloss clarified there are two requirements for landscape setbacks along Harmony and I-25 and
those must be improved if there are invasive species and the like; however, for the balance of the
area, some existing conditions can remain and satisfy the 40% amount.
Councilmember Summers expressed concern that enforcing the 40% requirement will make the
entire property undevelopable. City Attorney Daggett replied the developer may choose not to
proceed, sell the property, or alter the development plans citing the impacts of the 40% restriction;
however, the property owner has expressed concern the restriction goes too far and may proceed
with a takings claim which would be determined by a court. She recommended further discussion
be had in executive session.
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City of Fort Collins Page 65
Councilmember Summers asked how many total acres are encompassed in the Harmony Corridor.
Gloss replied the gateway area specifically is 420 acres with approximately 250 of those being on
the south side and the northwest corner being owned by the State Land Board, City Natural Area,
and the Park n’ Ride lot.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance
No. 044, 2020, on Second Reading.
Councilmember Cunniff stated the proposed mix of uses is desirable and the takings argument is
not compelling as the governmental purpose is to protect the gateway. It is important to advance
this plan to improve the sense of place of this part of Fort Collins.
Councilmember Summers stated property not developed does not create a sense of place. The
property is not an easy one to be developed and he opposed creating zoning based on public
opinion. He noted the economics of a local community are based on sales tax revenue.
Councilmember Gorgol stated she would support the motion as the gateway to the city should be
unique and appropriately landscaped. She noted this is one piece of property and this decision is
not equivalent to Council opposing all future development.
Mayor Pro Tem Stephens stated she understands Mr. Padilla's frustration; however, there are
standards for the city's gateways, and this is a case of competing values. Council is not opposing
economic vitality and there is a need to diversify revenue due to retail sales changes. This decision
is not about who owns the property.
Councilmember Summers agreed this decision is not about who owns the property.
Councilmember Gutowsky stated she would support the motion and noted there have been
discussions around concerns related to building housing close to I-25 and to building retail at the
entrance to the city.
RESULT: ORDINANCE NO. 044, 2020, ADOPTED ON SECOND READING [5 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers
ABSENT: Troxell
10. Resolution 2020-057 Appointing Two Representatives to the Selection Committee for the
Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater
Authority Board of Directors. (Adopted)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and
are ready for Council consideration.
The purpose of this item is for City Council to appoint two representatives to serve on the interview
and selection committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder
Basin Regional Stormwater Authority Board Director. The selected candidate will then be considered
for appointment by each elected body.
June 16, 2020
City of Fort Collins Page 66
Theresa Connor, Interim Utilities Executive Director, stated this Resolution appoints two Council
representatives to review candidates and select a candidate for the joint City and County
representative to the Boxelder Basin Regional Stormwater Authority Board.
Mayor Pro Tem Stephens asked if applications are still being accepted. Connor replied they are
being accepted through June 19 and one application has been received to date.
Mayor Pro Tem Stephens requested information as to what skills would be useful for candidates.
Connor replied the Authority Board is an intergovernmental agency that includes Fort Collins,
Larimer County, and the Town of Wellington. It was created in 2008 with the charge to design
and build regional stormwater projects and establish a financial structure to distribute costs. The
Town of Timnath joined as a funding partner in 2014 for the east side ditch. Connor noted the
Authority is expected to come to an end in the 2026-2027 timeframe once all projects are funded
and operating. The Board consists of five members, one for each of the three entities, one joint
member for Wellington and the County, and one joint member for Fort Collins and the County.
Councilmembers Pignataro and Cunniff stated they would be willing to serve on the candidate
selection committee.
Mayor Pro Tem Stephens encouraged members of the public to apply. Connor stated there is a
link on the City Clerk's website for the application.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2020-057 inserting the names of Councilmembers Pigntaro and Cunniff.
RESULT: RESOLUTION 2020-057 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Cunniff
ABSENT: Troxell
11. First Reading of Ordinance No. 083, 2020 Imposing a Moratorium Until January 31, 2021, Upon
the City's Acceptance and Processing of Applications for Approval of New Service Plans for
Metropolitan Districts. (Adopted on First Reading)
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 5 - Items that must move forward based on a Council directed timeline.
Priority 6 - Items that relate to funding, operation and business activities that the City must continue
despite the current crisis.
The purpose of this item is for Council to consider a moratorium until January 31, 2021, upon the City’s
acceptance and processing of new applications for approval of service plans for Metropolitan Districts.
This moratorium will apply to the consideration of new Service Plans, but not to the amendment of
Metropolitan District Service Plans previously approved by Council or to the consideration of
agreements with the City as contemplated in such Service Plans. For example, the moratorium would
not apply to Council’s consideration of Public Benefit Agreements and Intergovernmental Agreements
contemplated in certain existing Service Plans.
Josh Birks, Economic Health Director, stated this Ordinance creates a moratorium on the
acceptance and processing of new applications for approval of service plans for metropolitan
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City of Fort Collins Page 67
districts. As written, the moratorium allows for amendments to existing service plans and for
consideration of agreements that are contemplated in the existing service plans and would expire
either upon the adoption of policy revisions or on January 31, 2021. The plan is to move forward
with public engagement and policy review in three phases.
Councilmember Summers asked what the goal is for changing the metro district policy.
Councilmember Cunniff replied Council's work session in January resulted in many questions
about the policy as outlined in the follow-up memo to that work session. He noted public outreach
was supposed to have occurred between January and April; however, that was interrupted by
COVID. He proposed the moratorium to allow the policy discussion to occur without concern
there will be a rush for developers to submit metro district applications.
Councilmember Summers asked about the timeline for a metro district process. Birks replied the
process involves the receipt of a letter of intent from an applicant, dialogue between the applicant
and staff regarding how closely the proposal aligns with the existing policy and whether it is ready
to move forward with an application. Once a formal application is submitted, the process to get
the item before Council usually takes between 90 and 120 days. He noted it is essentially too late
in the year to process an application for the November election for all practical purposes.
Councilmember Summers opposed the moratorium given that information.
Councilmember Gutowsky asked if it will be feasible for policy changes to be made before
December. Birks replied it would be difficult for his office to process the full engagement without
assistance from Planning, Development, and Transportation given the need for his office to
respond to the economic impacts of COVID; however, with that partnership, it could probably be
done by December.
Councilmember Gutowsky stated she would appreciate an opportunity to examine residential
metro districts more fully. She noted one has yet to come to fruition in Fort Collins and stated she
believes residential metro districts would not be approved by voters if an election were to occur.
She urged Council to support a moratorium.
Councilmember Summers asked how many residential metro districts are operational in northern
Colorado. Birks replied Windsor, Timnath, Loveland and Greeley all have several and there are
over 1,600 in Colorado.
Councilmember Summers suggested information should be gathered from those communities.
Councilmember Gutowsky stated a moratorium would allow time for that information to be
gathered.
Councilmember Gorgol asked why developers are utilizing metro districts at a higher rate. Birks
replied developers are seeing rising land prices, construction costs, and tap fees, and residential
development is becoming more difficult to fund. Metro districts are used as a tool to help make
projects more financially feasible and inclusive of amenities.
Councilmember Gorgol asked if metro districts are placed on ballots. Birks replied in the
affirmative but noted the members of the public who vote on metro districts are those who own
property within the proposed district.
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Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 083, 2020, on First Reading.
Councilmember Cunniff discussed his support for changes to the policy and a moratorium to allow
time for those changes to be implemented. A moratorium provides predictability to the
development community.
Councilmember Gorgol stated that while metro districts may not be the best tool, they have
provided affordable and energy-efficient housing. Metro districts may not be the best tool;
however, when considering housing in a broader picture, there is concern about the delay a
moratorium would put on metro district applications as they are one of the few tools the City has
to gain affordable units.
Councilmember Cunniff noted that while a number of affordable and energy-efficient homes have
been approved, none have been built.
Councilmember Gorgol requested a commitment from Council to examine how the City will meet
its housing goals in order to support the moratorium.
Councilmember Gutowsky stated the work on this should be able to be done more quickly and
making metro districts a better tool for gaining affordable housing could be worth the time.
Mayor Pro Tem Stephens stated she would be willing to support the motion as long as the mobile
home park discussion will still occur.
RESULT: ORDINANCE NO. 083, 2020, ADOPTED ON FIRST READING [5 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers
ABSENT: Troxell
(Secretary's Note: Councilmember Summers left the meeting at this point.)
Motion to Continue Past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to suspend the rules
to continue past 10:30 PM for the consideration of the remainder of Council's agenda and any other
such business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
ABSENT: Summers, Troxell
June 16, 2020
City of Fort Collins Page 69
OTHER BUSINESS
Councilmember Gorgol requested Council input on addressing requests to review police use of
force policies and community programming.
Councilmember Cunniff stated Council has received hundreds of emails regarding concerns
related to use of force and the proper role and responsibility of a police department versus other
departments. He commended the current Police Chief and Police Services on their strides to
increase equity and inclusion, stress de-escalation techniques, and right-sized responses. That
work should continue independently; however, he questioned whether having police officers as
resources in schools versus mental health counselors is the right thing and there is value in a
discussion around that. He commended the work of Fort Collins Police Services and stated placing
officers in the situations for which they are trained is a better outcome than trying to expand their
services into areas in which officers do not have specific training. He suggested a Council ad hoc
committee could be useful.
Councilmember Gorgol suggested committee work could include safety, higher level outcomes
and indicators, and focus community engagement specifically around the budget and community
programs.
Mayor Pro Tem Stephens suggested community outreach could be an offshoot of the committee
and discussed the importance of including people of color in outreach.
City Manager Atteberry stated staff will create a framework for such a committee.
Consideration of a motion to cancel the Tuesday, July 7, 2020 Regular Council meeting.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, that Council cancel
its regular meeting of July 7, 2020, pursuant to City Code Section 2-28(a) considering the
Independence Day holiday weekend.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
ABSENT: Summers, Troxell
ADJOURNMENT
Consideration of a motion to adjourn to 6:00 PM Tuesday, June 23, 2020.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, that Council
adjourn to 6:00 PM, Tuesday, June 23, 2020, to consider items relating to funding for non-
congregate shelter facilities and for such other business as may come before the Council.
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City of Fort Collins Page 70
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
ABSENT: Summers, Troxell
The meeting adjourned at 11:28 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page?
June 23, 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, Councilmembers, staff and citizens had the option to participate remotely or live
in Council Chambers.)
Mayor Troxell requested Council adopt a motion to allow Mayor Pro Tem Stephens to facilitate
the meeting as he was recovering from a medical procedure and participated remotely.
Mayor Pro Tem Stephens and City Clerk Coldiron outlined the public participation options for the
hybrid remote and in-person options.
Motion to allow Mayor Pro Tem Stephens to preside over the meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell (remote), Cunniff
STAFF PRESENT: Atteberry, Daggett, Nelson
1. Emergency Ordinance No. 084, 2020, Appropriating Prior Year Reserves in the General Fund
for the Non-Congregate Shelter Program (Adopted)
This item meets the following COVID-19 emergency priorities for being on the Council agenda because
it impacts the immediate health and safety of high-risk individuals experiencing homelessness:
Priority 1- Urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible.
The purpose of this item is to appropriate unanticipated funding up to the amount of $420,000 from
General Fund reserves to establish a non-congregate shelter program for persons experiencing
homelessness that are at risk for COVID-19 due to age or underlying health conditions. Emergency
ordinances are authorized under the Charter in emergency circumstances and require the affirmative
vote of at least five (5) members of the Council for passage.
Sue Beck-Ferkiss, Social Policy and Housing Program Manager, stated this item would
appropriate funds for a non-congregate shelter program for the most vulnerable homeless residents
to reduce demand on the City's year-round shelter facilities. She discussed the impact of the
pandemic on shelter space given the stay at home order and social distancing requirements. The
program would utilize hotels for homeless residents who are over 65 years of age and/or who have
underlying medical conditions. She outlined the conditions for the program.
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City of Fort Collins Page 2
Councilmember Pignataro asked about the flexibility of the 90-day timeline. Beck-Ferkiss replied
the program can run as needed and funding allows, but staff is optimistic housing or a congregate
shelter will be found.
Councilmember Summers asked why the budget has been increased from $400,000 to $420,000.
Beck-Ferkiss replied about 50% of the budget goes to the hotel with the remainder going to
operations and security.
Councilmember Summers asked what is covered under operations. Beck-Ferkiss replied
participants will need on-site help with onboarding, understanding the property rules and
participants’ responsibilities, and coordinating appointments, transportation, and food service.
Councilmember Summers asked if part of the case management work will be with individuals on
disability, Medicaid, and Medicare. Beck-Ferkiss replied in the affirmative. Homeward Alliance
will handle the housing navigation case management and the Health District will manage health
needs.
Councilmember Summers asked what type of housing options may be available on a permanent
basis. Beck-Ferkiss replied the housing navigators will be identifying locations and resources.
There are some housing vouchers that can be deployed, Mason Place will be opening at the end of
the year, and DMA Plaza will be finalizing its rehabilitation.
Councilmember Summers requested details regarding the security services. Beck-Ferkiss replied
the request for proposal is written “as needed” given the population this program will serve has
yet to be determined. Other non-congregate programs staff has investigated have found security
to be helpful.
Councilmember Summers asked about the discrepancy between the number of homeless residents
and the number of those served. Beck-Ferkiss replied it is difficult to measure the population of
homeless individuals accurately, although it is improving with the Housing First initiative.
Additionally, more than ten families have been housed by Housing Family Network during the
pandemic.
Councilmember Summers asked why the program is not starting with housing the 50 identified
individuals and is only starting with 25. Beck-Ferkiss replied partners need to gear up operations
and housing 50 people on the first day may not be feasible. She added this is a COVID-19
response, not necessarily a homelessness response, which is why it is being considered separately
from the rehabilitation and construction of housing.
Councilmember Summers suggested it may be helpful to have a profile of individuals served by
the program to provide updates on their status.
Councilmember Gorgol asked if the state passed a bill that prohibits source of income
discrimination for housing. Beck-Ferkiss replied she was unsure if that has passed.
Councilmember Gorgol asked how the City is educating landlords on that bill if it did in fact pass.
Beck-Ferkiss replied staff will work with Housing Catalyst to ensure proper education.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt
Emergency Ordinance No. 084, 2020.
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City of Fort Collins Page 3
Councilmember Cunniff stated he would support the motion, but he would like to see more people
served by the program sooner if possible.
Councilmember Summers asked about the cost of the congregate shelter at the Aztlan Center. City
Manager Atteberry replied it was over $200,000 per month. Staff plans to apply for reimbursement
of these funds through FEMA and the CARES Act. Jackie Kozak-Thiel, Chief Sustainability
Officer, replied she will provide a memo with exact costs of the Aztlan Center shelter.
Councilmember Summers noted there were some benefits to the congregate shelter; however, it
was costly and the City is facing a significant budget shortfall. City Manager Atteberry replied
most cities in the Front Range have not been able to accomplish what Fort Collins has over the
past few months. He cited the work of staff, community funding and service partners.
Councilmember Gorgol stated she will support the motion and, though she would have preferred
the Aztlan Center remain the congregate shelter, it is important to address this gap in services while
examining other initiatives. She thanked staff and community partners for their work in this area.
Councilmember Gutowsky expressed support for the motion and thanked staff for their work.
Mayor Pro Tem Stephens stated she would support the motion as the program will provide housing
for the most vulnerable homeless residents.
RESULT: EMERGENCY ORDINANCE NO. 084, 2020 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
2. Resolution 2020-059 Approving an Intergovernmental Agreement with Larimer County for the
Allocation and Distribution of Coronavirus Relief Fund, CARES Act, Title V. (Adopted)
The purpose of this item is to authorize the City Manager to enter into an intergovernmental agreement
(IGA) with Larimer County and seven other municipalities relating to the distribution of Coronavirus
Relief Fund (CVRF) also known as the CARES Act, Title V funds. The IGA will memorialize the terms
of the CVRF allocation disbursement, roles and responsibilities and reimbursement process.
SeonAh Kendall, Senior Economic and Recovery Manager, stated this intergovernmental
agreement is specific to the CARES Act Relief Fund. The Relief Fund, authorized in May by
Governor Polis, aids local governments of communities of 500,000 or less people. The funding
will only apply to necessary expenditures incurred due to the public health emergency. Kendall
discussed priorities outlined by staff for reimbursement and staff's recommendation is to adopt the
Resolution authorizing the City Manager to enter into an IGA with Larimer County relating to the
distribution of CARES Act funds.
City Manager Atteberry discussed the ways in which these funds could be leveraged regionally.
Mayor Pro Tem Stephens asked if digital access for mobile home parks could be funded by these
dollars. City Manager Atteberry replied that has been discussed and is a priority. In addition,
discussions around Transfort providing bussing support to Poudre School District have occurred.
There had been a plan to fund a study around municipal support for school bussing in the 2021
budget.
June 23, 2020
City of Fort Collins Page 4
Mayor Troxell expressed support for this item and thanked the City Manager for his work with the
County.
RESULT: RESOLUTION 2020-059 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
3. Resolution 2020-060 Establishing an Ad Hoc Community Impact Committee to Develop Policy,
Funding and Program Recommendations to Ensure a Safe and Equitable Community for All.
(Adopted)
The purpose of this item is to establish a Council Ad Hoc committee to address recent national and
local concerns and initiatives calling for reallocation of budget dollars from traditional police services,
consider desired trends for the 2021 budget, and ensure the City is creating an environment that
provides safety and equality for all residents. The Committee’s scope of work will be determined and
defined in initial meetings.
City Manager Atteberry stated this item is in direct response to Council feedback received under
Other Business last week.
Mayor Pro Tem Stephens stated this item was brought forth due to citizens wanting solutions
around issues related to policing and systemic racism in the community.
Councilmember Gutowsky volunteered to serve on the ad hoc committee.
Councilmember Summers discussed the importance of solving issues in our community rather than
imposing issues upon our police force that are problems elsewhere. He would like to see an
evaluation of policies, practices, and ordinances that might promote systemic racism. He opposed
emotional reactions that have turned violent and stated racism begins with prejudice.
Mayor Troxell commended a community focus and community processes. Fort Collins needs to
be a community welcoming to all. The ad hoc committee should be introspective and work toward
reconciliation.
Councilmember Cunniff questioned what types of recommendations should be expected of the
committee and suggested it take a deeper dive into what is desired around public safety and safe
community outcomes for all residents.
City Attorney Daggett noted there is a section of the resolution that sets an end date for work of
the committee; however, that is up to the purview of Council.
Councilmember Gorgol thanked staff for work on this resolution and agreed that equity of all
policies, practices, and ordinances should be examined. Community programming and policing is
a good start for this work and indicated her interest in serving on the committee.
Councilmember Gutowsky commented on the Poudre School District board meeting where the
renewal of the contract for School Resource Officers was discussed. Many citizen comments were
opposed to renewing that contract; however, it was ultimately renewed with a focus on community
engagement which should also be the focus of this committee.
Councilmember Pignataro expressed interest in serving on the committee.
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City of Fort Collins Page 5
Councilmember Cunniff discussed an end date of April 2021 for the committee's work.
Councilmember Pignataro agreed.
Councilmember Summers supported Councilmember Pignataro's participation given her previous
service on the Citizen Review Board.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2020-060 inserting the names of Councilmembers Gutowsky, Pignataro, and Gorgol
with work to extend until April of 2021.
Mayor Troxell commended this discussion and the formation of the committee.
Mayor Pro Tem Stephens stated Fort Collins is not immune to having use of force issues and she
thanked the community members who brought forth concerns. The committee will focus on the
entire community treating people equitably.
RESULT: RESOLUTION 2020-060 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
4. Staff Report: July 4th Activities (staff: Aaron Harris)
Aaron Harris, Recreation Manager, stated City leadership developed a team representing staff from
across the organization which identified events and activities could occur for Independence Day
during the COVID-19 pandemic. Those events include multiple hot air balloon launches, an
airplane parade, a stars and trucks parade that will go through many neighborhoods, mobile music
performances, at-home decoration and BBQ events, virtual activities planned by the Gardens on
Spring Creek and the Museum of Discover, live music streamed from the Lincoln Center, and a
regional drive-in fireworks show at the Larimer County Fairgrounds. The activities represent a
48% reduction in cost from previous years’ celebrations.
Councilmember Cunniff commended the work to develop alternative activities.
Mayor Troxell commended the creative approach to expanding activities throughout the
community.
Councilmember Gutowsky commended the activity ideas and reimagining of the holiday.
City Manager Atteberry noted the City is partnering with Loveland and Larimer County on the
fireworks event at the Ranch. He also commended the work of Harris in the Recreation
Department.
OTHER BUSINESS
Councilmember Pignataro commented on CSU's land acknowledgement statement and video that
is shown at events and stated she is interested in some creative ways for the Council to regularly
recognize that this land was not freely given to us.
Councilmember Gorgol and Mayor Pro Tem Stephens supported the idea.
June 23, 2020
City of Fort Collins Page 6
Councilmember Summers stated he would like to get some more details about the actual history
of Native American tribes.
Mayor Troxell suggested this could be something discussed by the ad hoc Community Impact
Committee and stated it is important to have community context.
Councilmember Pignataro stated the committee is more policy based which is why she brought
this up under Other Business.
Councilmember Cunniff suggested staff prepare a memo related to the history of the area and
supported regular acknowledgment of the land not having been given freely.
A. Consideration of a motion to schedule a Special Meeting at 6:00 p.m., Tuesday, July 14, 2020.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, pursuant to
Section 2-29(A) of the City Code that the Council call a special meeting to take place on Tuesday,
July 14, 2020, at 6:00 p.m. for consideration of a possible motion to go into executive session for
legal advice regarding the Northern Integrated Supply Project.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ADJOURNMENT
The meeting adjourned at 7:52 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 77
July 14, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.)
Mayor Troxell outlined the public participation options for the remote meeting.
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
City Manager Atteberry noted the executive session topic relating to manufacturing housing will
be postponed until July 28 to allow the Ethics Review Board to complete its review of the request
from Councilmember Gorgol concerning a possible conflict with her participation in the
discussion.
1. Executive Session Authorized.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adjourn into
executive session for the purpose of meeting with the City’s attorneys and staff to discuss the
following matters as permitted under City Charter Article Roman Numeral Two, Section 11(2),
City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b):
1. Specific legal questions related to potential litigation regarding permitting and real property
issues raised by the Northern Integrated Supply Project; and the manner in which the particular
policies, practices or regulations of the City related to permitting and real property issues raised
by the Northern Integrated Supply Project may be affected by existing or proposed provisions
of federal, state or local law.
2. Specific legal questions related to potential litigation regarding environmental remediation of
conditions at the Larimer County Landfill and related obligations; and the manner in which the
particular policies, practices or regulations of the City related to environmental conditions at
the Larimer County Landfill and related obligations may be affected by existing or proposed
provisions of federal, state or local law.
3. Specific legal questions related to potential litigation regarding the siting of a new composting
facility at the Larimer County Landfill; and the manner in which the particular policies,
practices or regulations of the City related to the siting of a new composting facility at the
Larimer County Landfill may be affected by existing or proposed provisions of federal, state
or local law.
4. Specific legal questions related to potential litigation regarding the requirements of Senate Bill
20-217 and claims arising thereunder; and the manner in which the particular policies, practices
or regulations of the City related to the requirements of Senate Bill 20-217 and claims arising
thereunder may be affected by existing or proposed provisions of federal, state or local law.
July 14, 2020
City of Fort Collins Page 78
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ADJOURNMENT
The meeting adjourned at 10:36 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk