HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/01/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 21, 2020 and August 4, 2020 Regular Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the July 21, 2020 and August 4, 2020 Regular Council
Meetings.
ATTACHMENTS
1. July 21, 2020 (PDF)
2. August 4, 2020 (PDF)
City of Fort Collins Page 79
July 21, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, this meeting has been conducted using a hybrid approach allowing in-person
participation with strict protocols and a variety of remote participation options.)
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers (remote), Stephens (remote), Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
Mayor Troxell outlined the public participation options.
City Manager Atteberry stated there were no changes to the published agenda; however, the
discussion with President McConnell and President Dorsey may be moved to the beginning of the
agenda.
• STAFF REPORTS
A. COVID-19 Update: Educational Institutions and the Pandemic - Presenters: Colorado State
University President, Joyce McConnell and Front Range Community College President, Andrew Dorsey
City Manager Atteberry introduced Colorado State University President, Joyce McConnell and
Front Range Community College President, Andrew Dorsey.
President McConnell discussed the decision to have students not return to campus after spring
break and the subsequent need to convert courses to an online format. There was a tremendous
effort made to ensure individuals who needed laptop computers had them. Additionally, some
residence halls were left open for those students who were not able to go home or have optimal
areas in which to study.
President McConnell discussed the University's pandemic preparedness team of campus experts
who are deciding how in-person learning will resume. She discussed the guiding principles for
reopening and budgeting including health and safety, fairness and equity, adherence to the land
grant mission, rapid decision-making with inclusive input, student access, affordability, and
success, operational continuity beyond COVID-19, and protection of as many jobs as possible.
President McConnell discussed the budget impacts of COVID-19 and noted there are significant
additional teaching costs associated with online education. She outlined the plan for COVID
testing, symptom reporting, and contact tracing. In addition, wastewater will be screened and
tested for viral load information.
President McConnell discussed the plan for reopening the campus in the fall including adding class
sections, expanding class hours, and adding instructors.
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City of Fort Collins Page 80
President Dorsey discussed the Front Range Community College student population and the shift
to online education in the spring. He detailed the plans for reopening certain classes in the fall to
allow for social distancing requirements to be met and discussed fall plans for online courses.
Mayor Troxell commended the work of both organizations.
Mayor Pro Tem Stephens thanked Presidents McConnell and Dorsey for their presentations and
hard work. She commended the work of both organizations around equity, food insecurity, and
mental health. She asked what type of work is being done related to COVID-19 education for
incoming students. President McConnell replied that while it will be impossible to control each
student off campus, staff will be firm and hold students accountable regarding on-campus mask
wearing, symptom checking, and contact tracing. Additionally, there is a social norming campaign
making expectations clear that will be launched before students arrive and students will be subject
to misconduct or disciplinary protocols if they do not comply with official policies.
Mayor Pro Tem Stephens commented on the need to de-politicize mask wearing. President
McConnell stated the University views mask wearing not as political but as a best practice for
health reaons.
Councilmember Gorgol asked if CSU is tracking where students are coming from and their off-
campus activities. President McConnell replied the registrar is working to track where students
are coming from to gain information about the rate of transmission in those communities and so
immediate testing and subsequent quarantining can occur if necessary.
Councilmember Gorgol asked how the University is working through wireless connectivity access
for all students. President McConnell replied both organizations are working through those issues
and both have active food bank programs. She stated funds have been raised by both organizations
to ensure technology has been available for all students.
President Dorsey noted part of the goal of keeping campuses open is to do so for students who
need that access.
Councilmember Pignataro asked if the nursing program at Front Range has changed at all in
response to COVID-19. President Dorsey replied clinical training was not possible in the spring
as most hospitals suspended voluntary procedures to clear space for COVID-19 patients; therefore,
much of the nursing program reverted to simulation experiences. The hope is for clinical
placements to resume in the fall.
Councilmember Gutowsky asked how lab classes will be addressed at CSU. President McConnell
replied all clinical and laboratory experiences have been prioritized and sections have been added
to maintain social distancing.
Councilmember Gutowsky asked if the recreation center will be open. President McConnell
replied that will be dependent on County guidelines and they are not currently allowed to be open.
Councilmember Gutowsky asked how the library will be navigated. President McConnell replied
the library dean has an excellent plan around physical distancing and utilizing the space creatively.
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City of Fort Collins Page 81
Councilmember Gutowsky asked how fraternities and sororities will function. President
McConnell replied it is dependent on County health orders and there will be creative approaches
necessary for rush and pledging.
Mayor Troxell suggested community welcome and party registration could be tools used for
education. Marcy Yoder, Neighborhood Services Manager, replied the community welcome event
will be converted into a week-long event with small teams delivering door hangers that will
identify a video link. Party registration is currently on hold based on the fact that gatherings should
not be occurring.
City Manager Atteberry thanked Presidents McConnell and Dorsey for their partnership.
• PUBLIC COMMENT
Rich Stave asked if there is a plan for having enough hospital beds if COVID-19 cases explode.
He asked if there is a plan to address the lack of current registrations for vehicles, how buses are
being cleaned, particularly given students returning, and questioned work being done in his
neighborhood.
Jason Knebgl questioned the recent Ethics Review Board decisions that found a conflict regarding
Councilmember Gorgol's work with La Familia but not with Mayor Troxell's employment at CSU.
He asked what the Council would do to protect citizen rights should federal troops be deployed
here as they have been in Portland. He also suggested citizens should receive the same amount of
time to address Council as did CSU's President.
Rory Heath suggested items that may garner more public input be placed earlier in the agenda and
requested Mayor Troxell and Mayor Pro Tem Stephens recuse themselves from the discussion of
Item No. 22, Council Consideration of Whether to Authorize By Motion Remote Hearings for
Various Zoning, Development and Historic Preservation Items.
Kim Medina thanked Council for considering the landmark designation contained in Item No. 6,
First Reading of Ordinance No. 089, 2020, Designating the Lois Struble Property, 129 North
McKinley Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
Yuday Visnar discussed two projects at Taft Hill and Trilby Roads, the wasteshed and the
behavioral health facility. Neighbors were never consulted about either of these projects and noted
there is a lack of public transportation in the area which will therefore increase vehicle miles
travelled and pollution in the area.
Leena (no last name given) stated the community still must acknowledge the fact that Black Lives
Matter and urged Council to create meaningful and concrete policy changes related to that.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments noting the City has expressed concern to County
Commissioners regarding co-location of the behavioral health facility on the wasteshed site.
Regarding Leena's comments, Councilmember Pignataro stated the Community Impact
Committee has met and information is available on the City's website. The Ethics Review Board
has yet to come to a conclusion on Councilmember Gorgol's potential conflicts of interest
JULY 21, 2020
City of Fort Collins Page 82
regarding her employer and stated there will be information provided on the different situations if
a conflict is found. She requested information on the hospital overflow at the Budweiser Events
Center. City Manager Atteberry replied that facility is available if necessary.
Councilmember Cunniff asked what options the City has to express disapproval of the federal
government taking over local policing issues as it has in Portland. City Attorney Daggett replied
Council could ask staff to bring forward a resolution to formally express a reaction. She noted the
Legislative Policy Agenda may not go into these types of issues; however, Council could provide
that direction.
Councilmember Summers stated the Budweiser Events Center currently has 200 overflow hospital
beds with ability to expand to 1,000. He stated there are currently 12 COVID patients in county
hospitals. Regarding the issue brought up by Councilmember Cunniff, Council should focus on
Fort Collins and he would welcome federal government aid if there is not adequate local law
enforcement to prevent radical individuals from damaging government buildings. Additionally,
the federal law enforcement officers in Portland are protecting federal buildings.
Mayor Pro Tem Stephens discussed the concerns related to traffic along Trilby Road and stated
she will continue to work on those issues. Many people do not feel federal law enforcement
participation in local law issues is constitutional and it is valid to bring forth concerns about
something similar happening here.
• CONSENT CALENDAR
Mayor Troxell indicated there are public hearings for Item Nos. 6, First Reading of Ordinance No.
089, 2020, Designating the Lois Struble Property, 129 North McKinley Avenue, Fort Collins,
Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins, 7, First Reading of Ordinance No. 090, 2020, Designating the Woods-Gilkison-Dunn
Property, 331 South Loomis Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Chapter 14 of the Code of the City of Fort Collins, 8, First Reading of Ordinance No. 091, 2020,
Designating the Benton-Schultz Duplex Property, 1016-1018 Morgan Street, Fort Collins,
Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins, 9, First Reading of Ordinance No. 092, 2020, Designating the Brawner-McArthur
Property, 228 Whedbee Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins, and 13, Public Hearing and Resolution 2020-
063 Adopting the 2020-2024 Five-Year Consolidated Plan Required by the U.S. Department of
Housing and Urban Development.
Councilmember Gutowsky withdrew Item Nos. 7, First Reading of Ordinance No. 090, 2020,
Designating the Woods-Gilkison-Dunn Property, 331 South Loomis Avenue, Fort Collins,
Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins, No. 8, First Reading of Ordinance No. 091, 2020, Designating the Benton-Schultz Duplex
Property, 1016-1018 Morgan Street, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Chapter 14 of the Code of the City of Fort Collins, and No. 9, First Reading of
Ordinance No. 092, 2020, Designating the Brawner-McArthur Property, 228 Whedbee Street, Fort
Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items not withdrawn from the Consent Agenda.
JULY 21, 2020
City of Fort Collins Page 83
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 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. (Adopted)
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.
2. First Reading of Ordinance No. 085, 2020, Making Supplemental Appropriations for the
Restorative Justice Services Program. (Adopted)
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612 has
been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the
continued operation of 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. No match is required. The grant period is July 1, 2020 to June 30, 2021.
3. First Reading of Ordinance No. 086, 2020, Making a Supplemental Appropriation in Support of
the Epic Homes Program for the Indoor Environmental Quality Study by Colorado State
University. (Adopted)
The purpose of this item is to appropriate $37,000 in grant funds from Bloomberg Philanthropies, as
part of the Bloomberg Mayor’s Challenge, from the Fort Collins Utilities Light and Power Fund to be
expended to pay a sub-grant to Colorado State University (CSU) for the indoor environmental quality
(IEQ) study of Utilities’ Epic Homes Program. It also authorizes and approves the Services Agreement
the City and CSU have entered into for the IEQ Study. The Bloomberg Philanthropies funds come from
the second tranche of the 2020 grant installment.
This item is presented to Council because the appropriation of these grant funds is necessary to enable
Utilities, in collaboration with CSU, to move forward with the IEQ study for the Bloomberg Mayors
Challenge grant project (the Epic Homes program). Epic Homes is a streamlined, affordable approach
for single-family home and rental property energy efficiency upgrades to improve comfort, health and
efficiency in Fort Collins.
The City Manager recommends this appropriation and has determined that the funds are available and
previously unappropriated from the Light and Power Fund and will not cause the total amount
appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated
revenues to be received in that fund during this year.
4. First Reading of Ordinance No. 087, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for the Poudre Fire Authority and City Joint Project to Construct the 9/11
Memorial Park. (Adopted)
The purpose of this item is to appropriate $75,200 in philanthropic revenue in the General Fund for
transfer to Park Planning & Development. The funds represent cumulative giving from multiple donors
and the gifts are designated by the donors for the stated support of the 9/11 Memorial Park.
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City of Fort Collins Page 84
5. First Reading of Ordinance No. 088, 2020, Appropriating Unanticipated Grant Revenue in the
General Fund and Authorizing a Transfer of Existing Appropriations for a Contextual Report
on the Work of Architect William Robb. (Adopted)
The purpose of this item is to appropriate $15,588 in grant funding received from the State Historical
Fund, awarded by History Colorado. This grant requires a City match of $6,000 which was
appropriated and unexpended in the 2020 budget. The grant funds a historic context report of local
architect William “Bill” Robb and the projects he and his firm, now known as RB+B, designed in Fort
Collins. Notable projects of Robb’s include the 1957 Municipal Building (Operations Services building),
Key Bank at Drake and College, several churches, local residences and many schools for the Poudre
R-1 School District.
6. First Reading of Ordinance No. 089, 2020, Designating the Lois Struble Property, 129 North
McKinley Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to designate the Lois Struble Property located at 129 North McKinley
Avenue as a Fort Collins Landmark. The owners of this property, Kimberly Medina and Ramon
Aguilera, are initiating this request. The duplex is eligible for recognition as a Landmark due to its
significance to Fort Collins under Designation Standard 3, Design/Construction and their historic
integrity.
7. First Reading of Ordinance No. 093, 2020, Authorizing the Conveyance of a Permanent
Stormwater Easement on the Southridge Golf Course to 6015 Timberline, LLC and Approving
Related Maintenance Obligations. (Adopted)
The purpose of this item is to authorize the conveyance of a stormwater easement on City-owned real
property located at Southridge Golf Course at 5750 South Lemay Avenue for the benefit of the Rennat
Subdivision owned by 6015 Timberline, LLC.
8. Resolution 2020-061 Determining Fair Value for the Lease of Property Owned by the Downtown
Development Authority in Connection with the 140 East Oak Street Affordable Housing Project.
(Adopted)
The purpose of this item is for Council to determine fair value for a 99-year lease the Downtown
Development Authority (DDA) is planning to enter into with Housing Catalyst for the purpose of
developing DDA property at 140 East Oak Street. The site plan for the project includes 79 affordable
rental units, which will be a mix of one- and two-bedroom apartments that serve individuals and
households whose earnings range from 30-80% AMI (area median income) with the target of an overall
average of 60% AMI. This item aligns with the Council Priority of Affordable and Achievable Housing
Strategies and is a partnership between the DDA and Housing Catalyst.
9. Resolution 2020-062 Approving the 2020 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment
from the 2020 property taxes payable in 2021 to the City and to all other affected taxing entities.
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City of Fort Collins Page 85
10. Public Hearing and Resolution 2020-063 Adopting the 2020-2024 Five-Year Consolidated Plan
Required by the U.S. Department of Housing and Urban Development. (Adopted)
The purpose of this item is to hold a public hearing and consider adoption of the 2020-2024 Five-Year
Consolidated Plan which is a document required by the Department of Housing and Urban
Development (HUD) in order for the City to remain eligible for federal grants, including the Community
Development Block Grant (CDBG) and the Home Investment Partnership (HOME) Program.
11. Resolution 2020-065 Supporting the Grant Application by the Natural Areas Department for the
Timnath Inlet Fish Passage Project to the United States Department of the Interior, Bureau of
Reclamation’s WaterSMART Drought Resiliency Program and Authorizing the City Manager to
Execute Agreements Regarding Such a Grant. (Adopted)
The purpose of this item is to adopt a resolution supporting the Timnath Inlet Fish Passage Project
and the City's related grant application to the Bureau of Reclamation's (BOR) WaterSMART Drought
Resiliency Program. The Bureau is requesting the resolution from grant applicants to ensure that the
applicants are willing and able to financially participate, enter into an agreement, and meet the required
deadlines if the grant is awarded.
12. Resolution 2020-064 Approving the Recommendation of the Northern Colorado Regional
Airport Commission Regarding Use of the CARES Act Grant Funding and Authorizing the City
Manager to Execute Grant Agreements with the Federal Aviation Administration for Such Grant
Funding. (Adopted)
The purpose of this item is to authorize the City Manager to accept federal funding on behalf of the
City, joint owner of the Northern Colorado Regional Airport, that will assist the Airport in maintaining
safety and security for operations and investment in capital infrastructure needs. This federal funding
is a four-year ongoing grant resource that will not require an additional appropriation in 2020. Future
Airport budgets will include appropriations for expenditure of these federal funds.
These funds do not require any local grant match and are available to keep the Airport in a safe and
reliable state of operational readiness to serve aviation demands, the traveling public, and support the
economy, in addition to keeping Airport and aviation workers employed and Airport credit ratings
stable. The funds were provided through a Federal Aviation Administration-based distribution on an
allocation formula within the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136.
Acceptance of this funding allows for the Airport to continue supporting normal operations, maintaining
safety and security requirements challenges due to financial impacts from the COVID-19 pandemic,
in addition to investing in high priority projects that enhance the local economy by creating jobs and
other economic impacts. The funding covers gaps for the next four years as a result of the COVID-19
pandemic and ensures the continuation of self-funded Airport operations.
13. Resolution 2020-066 Appointing Michelle R. Kline as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
(Adopted)
The purpose of this item is to appoint Michelle R. Kline as an Assistant Municipal Judge for the Fort
Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court
for two (2) year terms. Chief Judge Jill A. Hueser recommends that Ms. Kline be appointed as a third
Assistant Municipal Judge, to serve in the absence of the Chief Judge.
14. Resolution 2020-067 Making Appointments to the Citizen Review Board. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies on the Citizen Review Board that
exist due to the resignation of previous board members.
JULY 21, 2020
City of Fort Collins Page 86
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff expressed support for Item No. 14, Resolution 2020-065 Supporting the
Grant Application by the Natural Areas Department for the Timnath Inlet Fish Passage Project to
the United States Department of the Interior, Bureau of Reclamation’s WaterSMART Drought
Resiliency Program and Authorizing the City Manager to Execute Agreements Regarding Such a
Grant. He noted an individual is being appointed to the Citizen Review Board, which will bring
the Board to full capacity to provide oversight of police officers as needed.
Mayor Troxell discussed Item No. 15, Resolution 2020-064 Approving the Recommendation of the
Northern Colorado Regional Airport Commission Regarding Use of the CARES Act Grant
Funding and Authorizing the City Manager to Execute Grant Agreements with the Federal
Aviation Administration for Such Grant Funding, and stated the Commission is being very diligent
in using the funds to improve the facility.
Mayor Pro Tem Stephens discussed Item No. 11, Resolution 2020-061 Determining Fair Value
for the Lease of Property Owned by the Downtown Development Authority in Connection with the
140 East Oak Street Affordable Housing Project and commended the project on bringing
affordable housing units to the downtown area. She also commented on Item No. 4, First Reading
of Ordinance No. 087, 2020, Appropriating Unanticipated Philanthropic Revenue Received by
City Give for the Poudre Fire Authority and City Joint Project to Construct the 9/11
Memorial Park and thanked the project donors.
• COUNCILMEMBER REPORTS
Councilmember Pignataro reported on her volunteer/listening session which was a cleanup at
Golden Meadows Park. She will be a guest at Representative Kathy Kipp's 'driveway hours' on
August 4th.
Councilmember Gorgol reported she and Councilmember Gutowsky have been meeting with the
Poudre School District and the County to discuss internet connectivity issues for students and the
District has been able to secure 1,600 MiFi mobile hot spots for students who do not have internet
access. The next Community Impact Committee meeting will be July 29th and will be broadcast
online.
Councilmember Summers reported on a gathering at the Police Services building in support of
officers.
Mayor Pro Tem Stephens reported on the Larimer County Suicide Prevention Symposium.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
15. First Reading of Ordinance No. 090, 2020, Designating the Woods-Gilkison-Dunn Property, 331
South Loomis Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
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City of Fort Collins Page 87
The purpose of this item is to designate the Woods-Gilkison-Dunn Property located at 331 S. Loomis
Avenue as a Fort Collins Landmark. The property is eligible for recognition as a Landmark due to its
significance to Fort Collins under Designation Standard 3, Design/Construction and their historic
integrity. The property is owned by Housing Catalyst, which is seeking Landmark designation to
resolve federal compliance requirements with the State Office of Archaeology and Historic
Preservation under the National Historic Preservation Act. Landmarking will facilitate the intended sale
of the properties out of the Housing Catalyst inventory.
Councilmember Gutowsky indicated these three were pulled to receive clarification related to the
Landmark designation being sought to resolve federal compliance requirements with the State
Office of Archaeology and Historic Preservation under the National Historic Preservation Act.
Rich Stave stated these items seem to involve two separate transactions, one to Landmark and one
to sell, and asked if they can be separated to better understand the financial incentive to Landmark
properties then sell them. Jim Bertolini, Historic Preservation Planner, replied Housing Catalyst
receives a great deal of federal funding for its operations and is therefore required to comply with
a host of federal laws including the National Historic Preservation Act. Landmark designation is
a more agile response to allow Housing Catalyst to move these properties out of their inventory
which is why the designation and sale are coupled as part of the same action.
Councilmember Cunniff suggested further analysis could be completed prior to Second Reading.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 090, 2020, on First Reading.
Councilmember Cunniff requested information prior to Second Reading on what advantages
Landmark preservation provides a landowner and information from Housing Catalyst on how
those advantages help with property sales.
Mayor Troxell requested a formal response prior to Second Reading from the Landmark
Preservation Commission as well.
RESULT: ORDINANCE NO. 90, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
16. First Reading of Ordinance No. 091, 2020, Designating the Benton-Schultz Duplex Property,
1016-1018 Morgan Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to designate the Benton-Schultz Duplex located at 1016-1018 Morgan
Street as a Fort Collins Landmark. The property is eligible for recognition as a Landmark due to its
significance to Fort Collins under Designation Standard 3, Design/Construction and their historic
integrity. The property is owned by Housing Catalyst, which is seeking Landmark designation to
resolve federal compliance requirements with the State Office of Archaeology and Historic
Preservation under the National Historic Preservation Act. Landmarking will facilitate the intended sale
of the properties out of the Housing Catalyst inventory.
JULY 21, 2020
City of Fort Collins Page 88
Kristin Fritz, Housing Catalyst, stated the properties owned by Housing Catalyst as public housing
must go through a Section 18 disposition process as Housing Catalyst is going through the process
of repositioning its public housing portfolio. These three properties are being sold to Elevations
Land Trust for affordable home ownership and part of that process triggers an environmental
review. The state’s Housing Preservation Office determined the properties were considered
somewhat protected when they were owned by a public housing authority. When sold, that
protection would go away and would have an adverse impact. The recommended mitigation is to
have the properties designated as Landmarks prior to sale so they remain protected as historic
resources. This strategy has been utilized previously.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 091, 2020, on First Reading.
RESULT: ORDINANCE NO. 091, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
17. First Reading of Ordinance No. 092, 2020, Designating the Brawner-McArthur Property, 228
Whedbee Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to designate the Brawner-McArthur Property located at 228 Whedbee Street
as a Fort Collins Landmark. The property is eligible for recognition as a Landmark due to its
significance to Fort Collins under Designation Standard 3, Design/Construction and their historic
integrity. The property is owned by Housing Catalyst, which is seeking Landmark designation to
resolve federal compliance requirements with the State Office of Archaeology and Historic
Preservation under the National Historic Preservation Act. Landmarking will facilitate the intended sale
of the properties out of the Housing Catalyst inventory.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 092, 2020, on First Reading. Yeas: Pignataro, Gorgol, Gutowsky, Summers,
Stephens, Troxell and Cunniff. Nays: none.
RESULT: ORDINANCE NO. 092, 2020 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
JULY 21, 2020
City of Fort Collins Page 89
18. 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 Second Reading)
A. Second Reading of Ordinance No. 081, 2020, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No.082, 2020, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Fund.
These Ordinances, adopted on First Reading on June 16, 2020 by a vote of 6-0 (Gorgol recused),
approve funding recommendations of the 2020 Spring Cycle of the Competitive Process and
appropriate federal dollars. The Ordinances 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.
Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 081, 2020, on Second Reading. Yeas: Stephens, Troxell, Summers, Cunniff,
Pignataro and Gutowsky. Nays: none.
RESULT: ORDINANCE NO. 081, 2020, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 082, 2020, on Second Reading.
RESULT: ORDINANCE NO. 082, 2020, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff
RECUSED: Gorgol
19. Second 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 Second Reading)
This Ordinance, adopted on First Reading on June 16, 2020 by a vote of 5-1 (Nays: Summers, Troxell
absent), imposes a moratorium until January 31, 2021, on 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.
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City of Fort Collins Page 90
Paul Sizemore, Interim Community Development and Neighborhood Services Director, stated this
item is the Second Reading of a moratorium on accepting new applications for approval of
metropolitan district service plans. Under the moratorium, existing metropolitan districts would
still be able to move forward with service plan amendments. The moratorium would terminate on
January 31, 2021, or when Council adopts updates to the policy and chooses to end the moratorium.
There will be no metropolitan districts going to election in November of 2020 and the next
opportunity for a district election is in May of 2021 for which a developer would need to submit a
letter of intent by November of this year. Cameron Gloss, Planning Manager, will be the project
manager on this policy update.
Cameron Gloss, Planning Manager, discussed the timeline for the policy update which will include
stakeholder and boards and commissions input and will result in a new recommended approach by
the end of fall. Staff will be looking at the use of metropolitan districts around the state with a
focus on quantifying impacts and creating a rubric for defining extraordinary or exceptional
benefit.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 083, 2020, on Second Reading.
Mayor Pro Tem Stephens stated there has been no alignment around the metropolitan district
policy with this Council and this moratorium will allow for an in-depth discussion about the
extraordinary community benefits and effects on consumers.
Councilmember Gutowsky stated she would like to see everyone on Council have the same
information and commended the idea of the formation of a rubric.
Councilmember Summers stated a moratorium is not needed to accomplish what has been outlined
by Mayor Pro Tem Stephens.
Mayor Troxell stated he would also oppose the motion as a policy update can occur without a
moratorium.
Councilmember Cunniff stated the moratorium is not superfluous as there would still be the
opportunity for a metropolitan district to be put forth for a May 2021 election and the current pace
of policy discussions, given COVID, may not allow for this policy update to occur.
RESULT: ORDINANCE NO. 083, 2020, ADOPTED ON SECOND READING [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers, Troxell
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City of Fort Collins Page 91
20. Resolution 2020-068 Appointing Councilmembers to Serve on an Ad Hoc Council Committee
to Support the Development of the Housing Strategic Plan. (Adopted)
The purpose of this item is to appoint Councilmembers to an Ad Hoc Council Committee to support
the development of the Housing Strategic Plan. This work aligns with the Council Priority of Affordable
and Achievable Housing Strategies.
Jackie Kozak-Thiel, Chief Sustainability Officer, stated this item relates to one of Council's
adopted priorities: affordable and achievable strategies for housing. The committee will guide the
new Housing Manager in the update of the Housing Strategic Plan. Lindsay Ex will serve as the
interim Housing Manager for approximately one year.
Lindsay Ex, interim Housing Manager, discussed the history and goals of the Housing Strategic
Plan. The purpose of the ad hoc committee is to identify opportunities to achieve housing stability
for all community members and begin identifying and evaluating strategy. Staff would like to
bring the Housing Plan before Council for adoption in February of 2021 with this committee
meeting from August through December in preparation for that adoption.
Jason Knebgl stated $300,000 homes and condos are not affordable and more of a focus needs to
be placed on truly affordable housing for working citizens.
Councilmember Gorgol, Mayor Pro Tem Stephens, Councilmember Cunniff, and Councilmember
Summers expressed interest in serving on the committee.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Resolution 2020-068, inserting the names of Ross Cunniff, Emily Gorgol, Ken Summers, and
Kristin Stephens with the committee to be in effect through April of 2021.
RESULT: RESOLUTION 2020-068, 2020, ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
21. Resolution 2020-069 Approving an Agreement to Secure Public Benefits for Waters’ Edge
Development as Provided in Service Plan for Waters’ Edge Metropolitan District Nos. 1 through
5. (Postponed to August 18, 2020)
The purpose of this item is to consider a Resolution adopting the Agreement to Secure Public Benefits
for the Waters’ Edge Development. The Agreement is contemplated in the Consolidated Service Plan
for Waters’ Edge Metropolitan Districts Nos. 1-5, approved by Council on September 18, 2018. Staff
has completed its review of the Public Benefits Agreement to ensure it conforms to the service plan
adopted by Council.
Paul Sizemore, Interim Community Development and Neighborhood Services Director, stated this
item involves the public benefits agreement for the Waters' Edge development metropolitan
district. The Waters' Edge development is a 55+ community designed to allow residents to age in
place. The first phase of this development has already been through development review with an
approved final development plan in place.
Sizemore outlined the specific public benefits set to be provided by the metropolitan district,
including affordable housing, water efficiency, public spaces, and ditch restoration. He noted two-
thirds of the affordable housing units must be provided prior to the second half of market units
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City of Fort Collins Page 92
receiving building permits, and all of the affordable housing units must be provided prior to the
last 100 building permits being released. Sizemore indicated staff is recommending adoption of
this item.
Tamara Murer questioned the number of affordable housing units being provided and expressed
concern the City is selling out to developers.
Gene Meyers, Thrive Home Builders CEO, stated his company has been selected to build about
two-thirds of the homes in the first phase of Waters' Edge. He detailed the design components that
will allow occupants to age in place safely.
Mary Alice Grant stated housing for an aging population is important; however, she agreed the
City may be selling out to homebuilders and stated affordable housing should be part of all
developments.
Bill Swalling, Waters' Edge developer, discussed the goal of the design of this project including
access to open space and home accessibility. All amenities are designed for residents to be able
to reach their full potential mentally, physically, and spiritually.
Mayor Pro Tem Stephens asked about the affordable housing unit numbers. Sizemore replied the
project is divided into two phases and the plan includes 10% of the affordable units in the second
phase; therefore, the public benefits agreement mirrors the service plan in that way.
Mayor Pro Tem Stephens asked if all affordable units will be at 80% AMI or if that will be an
average. Rachel Rogers, Senior Specialist, Economic Sustainability, replied it will be an average
60% AMI overall with none greater than 80% AMI.
Mayor Pro Tem Stephens stated she did not support this item on First Reading.
Councilmember Gutowsky expressed concern there is no assurance the public benefits will be
provided, and the development will be built. Sizemore replied the assurance that benefits are
provided concurrent with the development is to link them to the issuance of building permits.
Robert Rogers, developer, stated this public benefits agreement is a decision about how well the
agreement is aligned with the agreed to commitments when Council approved the service plan.
The City has increased some of the requirements and argued this is the strongest public benefits
agreement to come before Council.
Councilmember Gutowsky agreed additional senior housing is needed and asked about the average
cost of a market home in the development. Mr. Swalling replied the homes will likely sell for
$260 per square foot and the homes should range from 1,000 square foot condos, 1,800 square foot
townhomes, to larger waterfront homes.
Councilmember Gutwosky questioned whether these homes would be attainable for community
seniors particularly given the property tax increase at the second year of ownership with a
metropolitan district. She also inquired if there are any rental units planned. Mr. Swalling replied
in the negative.
Councilmember Gutowsky asked if there will be anything preventing speculators from purchasing
the homes and renting them to seniors. Mr. Swalling replied the goal is to sell directly to
JULY 21, 2020
City of Fort Collins Page 93
consumers, although they cannot prevent a speculator from purchasing a home. Mr. Meyers
replied there is no intention of making this a speculator market.
Councilmember Cunniff asked if the mix of housing sizes proposed when the metropolitan district
was being formed has remained the same. Mr. Swalling replied in the affirmative.
Councilmember Gorgol expressed concern the 80% AMI number is for a family of four, which
most seniors are not part of, and the 60% AMI number is for a rental. She requested some clarity
regarding the decision this Council will make due to the metropolitan district being approved by a
previous Council. City Attorney Daggett replied there is a Council-approved service plan in place
that sets up a process under which a public benefits agreement will come forward that implements
the terms of the service plan. If Council is concerned this public benefits agreement does not
adequately implement the service plan, it would be the primary and appropriate basis for refusing
to approve the agreement.
Mayor Pro Tem Stephens asked if all affordable units will be at 80% as there are no rental units
planned. Sizemore replied the affordable units are at 80% AMI and there is a provision that they
may be leased, and if so, must be at the 60% AMI.
Mayor Pro Tem Stephens asked if there will ultimately be 85 affordable units, which would be
10% of the total number of units. Sizemore replied the service plan specifically looked at the
affordable units being part of phase two, so it will be 10% of that number, which is 48.
Councilmember Summers made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 069-2020.
Councilmember Pignataro stated she would support the motion to respect the decision of the
previous Council.
Councilmember Cunniff stated he does not support this as the deed restrictions and covenants are
not sufficient to protect potential buyers who are not aware of the existence of the metropolitan
district. Additionally, the decision of the previous Council does not bind this Council to a decision
and expressed concern the service plan does not provide enough assurance the affordable units
will be provided.
Councilmember Summers noted this is not a vote on the service plan but on the public benefits
that are in alignment with the already approved service plan.
Mayor Troxell stated he would support the motion as the development adds diversity to the city's
housing stock and fills a need in the 55+ housing category.
Mayor Pro Tem Stephens asked whether the deed restrictions are thorough enough to ensure the
affordable units remain so. Deputy City Attorney John Duval replied the agreement requires a 20-
year covenant be imposed on the property that runs with the land. Additionally, the affordable
housing units must be built prior to attaining building permits for the market-rate units. The 80%
AMI number could be changed from a family of four to a family of two, which may make more
sense for senior housing.
Mr. Swalling agreed the 80% AMI number should be for a family of two and was what was
intended and can be incorporated into the agreement.
JULY 21, 2020
City of Fort Collins Page 94
Councilmember Summers suggested the AMI number should be based on the number of people in
the family purchasing the home, which could be less than two. He also stated the goal of this
project is to provide homes in which seniors can age in place.
Mayor Pro Tem Stephens stated there is more of an issue for people over 55 who are on fixed
incomes and need affordable options. She expressed concern that the true number of affordable
units is only 5%.
Councilmember Cunniff discussed the importance of ensuring qualified individuals are purchasing
these units, which has been an issue in other Fort Collins communities.
Councilmember Gorgol expressed concern the AMI number needs to relate to the number of
people buying the home, not the number of people living in the home.
Mayor Pro Tem Stephens asked if this item could be tabled for additional consideration. City
Attorney Daggett replied the item could be postponed to the August 18 meeting to allow staff time
to examine the public benefits agreement and its mechanisms.
Joe Knopinski stated the development is meeting the terms of the service plan.
Mr. Swalling stated his team is willing to work out the AMI issue and discussed how
documentation between parties ensuring qualified individuals are purchasing the units has worked
in other communities. This documentation has been enforced by the metropolitan district with an
intergovernmental agreement in place.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to postpone
consideration of this item to August 18 to allow legal staff to meet with the developer to better
define the aforementioned issues.
RESULT: POSTPONED TO AUGUST 18, 2020 [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
22. Council Consideration of Whether to Authorize By Motion Remote Hearings for Various Zoning,
Development and Historic Preservation Items. (Adopted)
The purpose of this item is to consider multiple exceptions to Ordinance No. 079, adopted by Council
on June 16, 2020, to allow various zoning, development and historic preservation items to proceed to
public hearings using Remote Technology. A suggested motion is provided on pages 5 of this Agenda
Item Summary.
Ordinance No. 079 authorizes Council, Planning & Zoning Board (P&Z), the Landmark Preservation
Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but specifically
excludes from that authorization decisions related to zoning/rezoning, appeals, and additions of
permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted by at least
five Councilmembers, to authorize exceptions to that exclusion. In order to authorize remote hearings
for the listed items, Council must find that such hearings are pressing and require prompt action and
that virtual technology will provide for sufficient public participation and input. Staff is requesting
Council consider allowing the following items to proceed:
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City of Fort Collins Page 95
Rezoning Items
1. Fischer Rezone (Awaiting P&Z recommendation and Council hearing)
2. Spring Creek Rezone Correction of Map Errors (Awaiting P&Z recommendation and Council
hearing)
3. Rezoning of Manufactured Housing Communities (City-initiated rezoning of existing manufactured
housing communities)
4. Timberline Church Rezone (Awaiting P&Z recommendation and Council hearing)
5. Hughes Stadium Property Rezone (Pre-Application Hearing scheduled for City Council on August
4, 2020)
Addition of Permitted Use (APU)
6. Wells Fargo Parking Lot and ATM Addition of Permitted Use (awaiting P&Z decision, no Council
decision required except in case of an appeal)
Appeals of Staff Decisions
7. Appeal of Landmark Planned Unit Development (PUD) Minor Amendment (appeal to P & Z Board)
8. Appeal of determination of eligibility for landmark designation for two properties at 724 and 726
South College Avenue (appeal to LPC)
9. Appeal of determination of eligibility for landmark designation for 945 East Prospect Road (appeal
to LPC)
10. Appeal of a decision to deny an upgrade to the General Contractor License for Tree Line Builders
(appeal to Building Review Board)
Mayor Troxell suggested dealing with all items except the Hughes Stadium Property Rezoning as
part of Item No. 22 and adding an Item No. 22A that will involve the same process but just for the
Hughes Stadium Property Rezoning.
Mayor Pro Tem Stephens withdrew from the discussion of the Hughes Stadium Property Rezoning
due to pending ethics questions at the state level.
Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to split agenda Item
No. 22 into No. 22A, to consider only the Hughes Stadium Property Rezoning, and No. 22B, to
consider all other items that were part of the original item.
Kathryn Dubiel stated she understands the purpose of splitting this item and requested the B items
be heard first.
Tamara Murer commented that contentious issues always seem to be moved to the end of the
agenda and she opposed that occurrence.
Rory Heath agreed with Ms. Murer and expressed appreciation for Mayor Pro Tem Stephens'
recusal.
The vote on the motion was as follows: Yeas: Pignataro, Gutowsky, Gorgol, Cunniff, Summers
and Troxell. Nays: none.
Kathryn Dubiel questioned how this does or does not violate the ex parte rules and stated remote
hearings are not equivalent to in-person hearings for items of considerable community interest.
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City of Fort Collins Page 96
Jason Knebgl stated a remote hearing on the Hughes Rezoning in no way provides significant
public input or participation. He commended Mayor Pro Tem's recusal and stated the Mayor has
no integrity in this matter.
Mary Alice Grant opposed allowing remote hearings for the Hughes Stadium Rezoning stating
technology is not reliable and this topic is highly charged.
Rory Heath requested Mayor Troxell recuse himself from the vote on this item and stated this
matter is not pressing nor does it require prompt action. A vote approving remote measures like
this is contrary to the law.
Beth Bensheit discussed air quality issues in the northern Colorado area and stated this
development will cause even more negative air quality.
Tamara Murer stated the technology is inadequate for remote hearings and opposed allowing a
remote hearing on the Hughes Rezoning. She also requested Mayor Troxell recuse himself from
this vote.
Councilmember Pignataro requested staff address the ex parte communication issue. City
Attorney Daggett replied the issue of ex parte communication is about decision -makers having
private conversations with individuals regarding matters coming before them. A pre-application
hearing is designed to create a process where the presentation being made is public, members of
the public have an opportunity to speak, and the hearing is recorded and televised; however, it does
not have the characteristics of an ex parte communication. The reason a remote technology hearing
is being considered is because one or more Councilmembers may not be present in the Council
chambers. The remote technology provision is about the decision-makers, not members of the
public who may be speaking.
Councilmember Cunniff stated he would not support this item being heard remotely.
Councilmember Gutowsky commented on the need to have interested parties present and
expressed support for the hearing not occurring until that is an option.
City Attorney Daggett noted the pre-application hearing process occurs prior to the submittal of
any application.
City Manager Atteberry stated Chancellor Tony Frank hopes to use this process to discuss his
vision and how it aligns with the City's Strategic Plan.
Councilmember Cunniff suggested the City may want to have conversations with CSU about a
partnership on purchasing the land to build workforce housing and maintain open space.
City Attorney Daggett noted the pre-application hearing process is only available for projects that
involve bigger picture issues coming before Council for decisions other than just a pure
development review approval. She also noted a quorum of Council must be present in chambers
and in-person public participation must be an option for this to occur.
Councilmember Summers expressed support for the hearing moving forward with the caveats
mentioned by City Attorney Daggett. He also reiterated the hearing is a conversation and does not
accommodate a developer, but accommodates the property owner.
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City of Fort Collins Page 97
Councilmember Gorgol stated this issue needs to move forward and asked Councilmember
Cunniff what he is envisioning as a conversation. Councilmember Cunniff replied he was
envisioning a less formal worksession-type setting as opposed to a pre-application hearing.
Mayor Troxell suggested the pre-application hearing is an opportunity to have a two-way
discussion with the landowner. City Manager Atteberry agreed and stated it would be beneficial
to have some clarity around the issue.
Councilmember Pignataro stated she would not support moving forward with this item as a hybrid
meeting.
Councilmember Gorgol stated this may not feel like a conversation as CSU is coming forward
with a development proposal.
City Manager Atteberry suggested he could inform Chancellor Frank of this discussion and if he
indicates he would like to have a conversation, that could move forth. If his intent is to bring
forward a proposal, this may not be the proper forum.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to postpone
consideration of Item No. 22A to August 4, 2020.
Councilmember Summers suggested Council decide based on its goals, not on the public
perception of four individuals who may not understand the meaning of a pre-application hearing.
Councilmember Gutowsky stated there are more than just four individuals with concerns about
this item.
The vote on the motion was as follows: Yeas: Summers, Gorgol, Cunniff, Troxell, Pignataro and
Gutowsky. Nays: None.
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the
rules of Council to extend the meeting past 10:30 PM to consider Item 22B and such other business
as may come before the Council. Yeas: Summers, Gorgol, Cunniff, Troxell, Pignataro, Gutowsky
and Stephens. Nays: None.
Kathryn Dubiel discussed item number 7 on the list of remote hearing authorizations: Appeal of
Landmark Planned Unit Development (PUD) Minor Amendment (appeal to P & Z Board). Staff
found the fact that this appeal has yet to be heard by the Planning and Zoning Board creates an
ongoing risk to the developer of the Landmark Apartments expansion project until the appeal has
been resolved. She displayed photos of the property indicating it has been undergoing
development since March 10 after the minor amendment was approved. She opposed the
characterization that the consideration of this appeal is urgent and must be considered remotely.
Colleen Hoffman supported Ms. Dubiel's comments stating the appeal was filed March 18;
however, the developer was able to move forward and a construction permit was issued. An in-
person appeal hearing before the Planning and Zoning Board is important.
Mayor Troxell requested staff input as to the status of the appeal in the context of its timing
coinciding with the stay-at-home order for COVID-19. Rebecca Everette, Development Review
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City of Fort Collins Page 98
Manager, replied the Landmark Apartments Expansion Project is the expansion of an existing
apartment complex and part of the conditions of approval applied by Council when the project was
originally appealed was that all of the public amenities for both the original portion and the
expanded portion be mutually available to residents of both developments. As a mechanism for
ensuring that was the case, staff required an amendment to the original PUD plan for the original
Landmark Apartments as the expansion project went through the final plan process. The final
development plan for the expansion was approved after the minor amendment was approved for
the original apartment complex and it is that minor amendment documenting the mutual agreement
between the two properties that is under appeal. The developer's project is being put at risk as
construction can move forward at it's own risk; however, the more the developer invests in
construction, the more it has to lose if the minor amendment decision is overturned via an appeal
process.
Mayor Troxell asked if this item would allow for remote participation by decision makers and
asked how citizen participation before the Board would occur. City Attorney Daggett confirmed
the motion would allow decision makers to participate remotely and does not govern public
participation. Everette indicated the Planning and Zoning Board is currently meeting 100%
virtually, including public participation. Meetings could be adapted to meet in a hybrid manner to
allow for in-person public participation if requested by Council and agreed to by board members.
Councilmember Pignataro asked if any of the boards under consideration in this item provided
input on possible remote hearings for these items. Everette stated staff did not request input from
the board for a specific recommendation as the ordinance adopted by Council related to remote
meetings designates Council as the decision-maker on whether the items could proceed remotely.
Councilmember Pignataro stated she would not support remote hearings for appeals unless the
appellants agreed to remote hearings.
Councilmember Cunniff asked if applicants and appellants must both agree to remote appeal
hearings. City Attorney Daggett replied the language specifically provides that notice will be
given to the applicant and appellant of a remote hearing and each party has the ability to object
and request that the item wait until it can be conducted as an in-person hearing. This motion is
intended to allow consideration of items that otherwise would be barred from moving forward
remotely in accordance with Ordinance No. 079, 2020.
Councilmember Summers asked if there is any reason a hybrid meeting could not occur for the
Planning and Zoning Board. Everette replied all seven of the members have been polled, and
about half are comfortable meeting in person; therefore, it is not clear when there might be a
quorum of members willing to attend meetings in person.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council find
the quasi-judicial matters numbers 1 through 10, less number 5, to be pressing and require prompt
action and that virtual technology will provide due process to hear them through sufficient public
participation and input, and authorize remote hearings for said items.
Councilmember Cunniff requested a friendly amendment to require a quorum of the Planning and
Zoning Board to be present physically and utilize a hybrid-style meeting that would allow in-
person public participation as an option and to add a statement that this authorization is not
intended to repeal any of the other provisions of Ordinance No. 079, 2020.
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City of Fort Collins Page 99
Mayor Pro Tem Stephens accepted the amendment as friendly stating she would like to reexamine
this issue should items get too backed up on Board agendas.
Councilmember Gorgol expressed concern about telling the Planning and Zoning Board members
they must meet in person or get a backlog of items. She questioned why the Board could not
participate remotely and still have in-person public participation. Councilmember Cunniff replied
the in-person quorum allows for a level of interaction that is much more effective when as many
decision makers as possible are in the same room. He would contact the Chair and Vice Chair of
the board to determine the willingness of members to participate in person.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating from
the Council's Policy Agenda or initiated by staff.)
Councilmember Gorgol requested staff work to develop an education component for remote
technology and participation in public meetings. City Manager Atteberry replied staff will work
on that issue.
Councilmember Gorgol expressed concern about CSU students returning and stated she would like
to see education from the County around proper and safe socialization. City Manager Atteberry
replied Council will soon be considering funding recommendations related to COVID-19
resources and one is regional education and a communications strategy.
Councilmember Cunniff requested and received Council support to direct staff to enter into
discussions with CSU regarding partnering on the Hughes parcel with an eye toward attaining
affordable/workforce housing and preserving a large amount of the land as unoccupied open space
or natural area.
Councilmembers Pignataro and Summers expressed support for Councilmember Cunniff's idea.
Councilmember Summers requested Council support to draft a resolution in support of the Fort
Collins Police Department.
Councilmember Pignataro expressed concern that such a resolution may create a dichotomy that
should not exist given the work of the ad hoc committee has yet to begin.
Mayor Troxell suggested framing such a resolution as a community-wide effort aimed at making
Fort Collins the safest city in the country.
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City of Fort Collins Page 100
Mayor Pro Tem Stephens discussed the need for balance and urged caution that such a resolution
may make the community more at odds.
Councilmember Summers stated it would be a sad indictment on this Council and the City if there
is more concern about not defending public buildings from rioters and vandals than about
supporting Police officers.
Mayor Pro Tem Stephens stated it is important to have a response that feels thoughtful and not
rushed.
Councilmember Gutowsky stated the purpose of the ad hoc committee is to bring an understanding
of various opinions.
Councilmember Cunniff stated he is very supportive of Police Services and they have been and
will continue to be leaders in their field. There is always room for improvement, however, and he
is not ready to make a blanket statement in support of Police. He would not say no to a resolution
regarding support of Police and their continuous process of improvement. The ad hoc committee
is a good place to have that discussion.
City Manager Atteberry stated he recently had a conversation with police officers and they are
struggling with emotions. He has never heard a lack of support for Police Services from any
Councilmembers and this conversation should not be interpreted as a lack of support.
B. Consider a motion to enter into executive session to discuss Broadband issues.
This item was not considered due to the lateness of the hour.
• ADJOURNMENT
A. Consider a motion to adjourn until 6:00 p.m. Tuesday, July 28, 2020.
(Secretary's Note: Councilmember Summers left the meeting at 12:10 AM)
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, July 28, to consider:
• an Emergency Ordinance related to CARES Act Relief Funding Allocations;
• a Resolution related to the Northern Integrated Supply Project;
• a motion to enter into executive session to discuss Manufactured Housing Zoning matters
• such other business as may come before the Council.
Councilmember Cunniff suggested a friendly amendment to include an Executive Session on
broadband matters. Mayor Pro Tem Stephens accepted the friendly amendment.
RESULT: ADOPTED [6 TO 0]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
AWAY: Summers
JULY 21, 2020
City of Fort Collins Page 101
The meeting adjourned at 12:16 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 106
August 4, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer and home
and not gather, this meeting has been conducted using a hybrid approach allowing in-person
participation with strict protocols and a variety of remote participation options.)
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
Staff: Atteberry, Daggett, Coldiron
AGENDA REVIEW: CITY MANAGER
Mayor Troxell noted this meeting will be interpreted into Spanish.
City Manager Atteberry stated there were no changes to the published agenda.
City Clerk Coldiron discussed the public participation options for the meeting.
PUBLIC COMMENT
Jason Knebgl opposed Councilmember Summers' comments and behavior during the discussion
of the Hughes Stadium property rezoning at the July 21, 2020 meeting.
CONSENT CALENDAR
Councilmember Summers withdrew Item No. 13, First Reading of Ordinance No. 098, 2020,
Amending Section 18-6 of the Code of the City of Fort Collins Regarding Mobile Home Park
Management and Livability, from the Consent Agenda.
Rich Stave withdrew Item Nos. 6, Second Reading of Ordinance No. 090, 2020, Designating the
Woods-Gilkison-Dunn Property, 331 South Loomis Avenue, Fort Collins, Colorado, as a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, 7, Second
Reading of Ordinance No. 091, 2020, Designating the Benton-Schultz Duplex Property, 1016-
1018 Morgan Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins, and 8, Second Reading of Ordinance No. 092, 2020,
Designating the Brawner-McArthur Property, 228 Whedbee Street, Fort Collins, Colorado, as a
Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, from the
Consent Agenda.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
City of Fort Collins Page 107
1. Second Reading of Ordinance No. 085, 2020, Making Supplemental Appropriations for the
Restorative Justice Services Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2020, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services
(CDNS). A grant in the amount of $67,612 has been received from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund for the continued operation of 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. No match is required. The
grant period is July 1, 2020 to June 30, 2021.
2. Second Reading of Ordinance No. 086, 2020, Making a Supplemental Appropriation in Support
of the Epic Homes Program for the Indoor Environmental Quality Study by Colorado State
University. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2020, appropriates $37,000 in
grant funds from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, from the Fort
Collins Utilities Light and Power Fund to be expended to pay a sub-grant to Colorado State University
(CSU) for the indoor environmental quality (IEQ) study of Utilities’ Epic Homes Program. It also
authorizes and approves the Services Agreement the City and CSU have entered into for the IEQ
Study. The Bloomberg Philanthropies funds come from the second tranche of the 2020 grant
installment.
3. Second Reading of Ordinance No. 087, 2020, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Poudre Fire Authority and City Joint Project to
Construct the 9/11 Memorial Park. (Adopted)
This Ordinance, unanimously adopted on Second Reading on July 21, 2020, appropriates $75,200 in
philanthropic revenue in the General Fund for transfer to Park Planning & Development. The funds
represent cumulative giving from multiple donors and the gifts are designated by the donors for the
stated support of the 9/11 Memorial Park.
4. Second Reading of Ordinance No. 088, 2020, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing a Transfer of Existing Appropriations for a Contextual Report
on the Work of Architect William Robb. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2020, appropriates $15,588 in
grant funding received from the State Historical Fund, awarded by History Colorado. This grant
requires a City match of $6,000 which was appropriated and unexpended in the 2020 budget. The
grant funds a historic context report of local architect William “Bill” Robb and the projects he and his
firm, now known as RB+B, designed in Fort Collins. Notable projects of Robb’s include the 1957
Municipal Building (Operations Services building), Key Bank at Drake and College, several churches,
local residences and many schools for the Poudre R-1 School District.
5. Second Reading of Ordinance No. 089, 2020, Designating the Lois Struble Property, 129 North
McKinley Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This Ordinance, unanimously adopted on First Reading on July 21, 2020, designates the Lois Struble
Property located at 129 North McKinley Avenue as a Fort Collins Landmark. The owners of this
property, Kimberly Medina and Ramon Aguilera, are initiating this request. The duplex is eligible for
recognition as a Landmark due to its significance to Fort Collins under Designation Standard 3,
Design/Construction and their historic integrity.
City of Fort Collins Page 108
6. Second Reading of Ordinance No. 093, 2020, Authorizing the Conveyance of a Permanent
Stormwater Easement on the Southridge Golf Course to 6015 Timberline, LLC and Approving
Related Maintenance Obligations. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2020, authorizes the conveyance
of a stormwater easement on City-owned real property located at Southridge Golf Course at 5750
South Lemay Avenue for the benefit of the Rennat Subdivision owned by 6015 Timberline, LLC.
7. First Reading of Ordinance No. 095, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Transfer to the FC Moves Wayfinding Project. (Adopted)
The purpose of this item is to appropriate unanticipated philanthropic revenue in the General Fund to
FC Moves, Planning, Development and Transportation to place approximately 100 permanent bicycle
wayfinding signs across 4-5 existing low stress routes. The identified locations generally lower traffic
and speed, and/or have dedicated bicycle infrastructure.
8. First Reading of Ordinance No. 096, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Transfer to the Natural Areas Fund for Restoration of Land at 2540
West Vine Drive. (Adopted)
The purpose of this item is to appropriate $76,125 in unanticipated philanthropic revenue in the
General Fund for transfer to Natural Areas. The funds represent extraordinary community generosity
and create a dedicated fund for the conservation of 38 acres at 2540 West Vine Drive, which was
recently purchased by Natural Areas.
9. Items Relating to the West Elizabeth Corridor. (Adopted)
A. First Reading of Ordinance No. 097, 2020, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for 30%
Design of the West Elizabeth Enhanced Travel Corridor Project and Related Art in Public
Places.
B. Resolution 2020-071 Approving an Intergovernmental Agreement with Colorado State
University for Funding the 30% Design Work for the West Elizabeth Enhanced Travel Corridor
Project.
C. Resolution 2020-072 Approving an Intergovernmental Agreement with the Colorado
Department of Transportation for Funding the 30% Design Work for the West Elizabeth
Enhanced Travel Corridor Project.
The item requests City Council approve an ordinance appropriating $1.5 million in funding to complete
thirty percent (30%) design of the West Elizabeth Enhanced Travel Corridor (the “Project”) and two
Resolutions authorizing execution of related Intergovernmental Agreements (IGAs) - one with the
Colorado Department of Transportation (CDOT) for overall funding for 30% design of the Project and
one with Colorado State University (“CSU”) for contribution of $375,000 in required matching funds
(one half of the total required matching funds). The Council Finance Committee endorsed staff’s
recommendation to appropriate $375,000 in City Transit reserves to satisfy the City’s one-half share
of the required local match at its May 18, 2020 meeting.
The West Elizabeth travel corridor is currently the highest priority pedestrian/alternative mode area for
improvement in the City and was highlighted in City Plan and the Transit Master Plan. The City was
awarded a $750,000 Multimodal Options Fund grant (“MOF” Grant) from the North Front Range
Metropolitan Planning Organization (NFRMPO) to help complete 30% design of the Project. (CDOT
manages the grant funding for NFRMPO). CSU has agreed to appropriate $375,000 to help fulfill the
grant match requirements. The City will be required to bring $375,000 in local funds to fulfill the total
match and complete the $1.5 million design.
City of Fort Collins Page 109
This Project involves estimated construction costs of more than $250,000, and as such, Section 23-
304 of the City Code requires one percent of qualified appropriations to be transferred to the Cultural
Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. One percent
(1%) of the total City local match, a total of $3,750, has be has been identified as the recommended
transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund to meet this Code
requirement. Neither the MOF Grant nor the CSU funding is eligible to be used for art and is excluded
from the calculation.
10. First Reading of Ordinance No. 099, 2020, Authorizing the Conveyance of an Emergency
Access Easement on 2554 Midpoint Drive to 2536 Midpoint Drive, LLC. (Adopted)
The purpose of this item is to authorize the conveyance of an emergency access easement to 2536
Midpoint Drive, LLC on City-owned real property located at 2554 Midpoint Drive. In exchange, 2536
Midpoint Drive, LLC will convey a similar emergency access easement to the City on its adjacent real
property located at 2536 Midpoint Drive. The easements will satisfy regulatory requirements to allow
fire trucks and other emergency service vehicles to enter one property and exit from the other.
11. Resolution 2020-073 Appointing One Boardmember Selected by Mutual Agreement of Fort
Collins and Larimer County to the Boxelder Basin Regional Stormwater Authority Board of
Directors. (Adopted)
The purpose of this item is to appoint Gerry Horak to the Boxelder Basin Regional Stormwater Authority
Board.
12. Resolution 2020-074 Making Appointments to the Air Quality Advisory Board. (Adopted)
The purpose of this item is to fill existing vacancies on the Air Quality Advisory Board due to the
resignations of previous boardmembers.
STAFF REPORTS
A. COVID-19 Update: Resident Resources, Communications & Engagement (staff: Amanda King,
Leo Escalante)
Amanda King, Communications Director, discussed the suite of tactics and programs
implemented by the City to aid in connecting community members to a variety of resources
related to COVID.
Leo Escalante, Public Engagement Specialist, discussed community partnerships that have
been an integral part of COVID-19 communications and engagement. He detailed the internal
tracking document that highlights key community needs and how the City is supporting those
efforts and discussed the internal working group formed to support vulnerable and susceptible
community members.
King discussed the additional resources and support CARES Act funding will provide,
including the regional Keep NoCo Open promotion.
Mayor Troxell asked how staff is engaging with CSU, particularly off-campus residents. King
responded she has been meeting with the CSU communications team and has coordinated to
have the Keep NoCo Open materials included in the Community Welcome bags. CSU also
has a task force looking at how off-campus behavior is going to apply to the student Code of
Conduct.
Mayor Troxell discussed the Larimer County dashboard that tracks COVID-19 numbers. King
replied a link to the dashboard has been included in the weekly newsletter.
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Councilmember Gorgol asked about door-to-door engagement. King replied there were no
physical conversations; however, Code Compliance Officers were leveraged to drop off
brochures that included a list of information in English and Spanish. Additionally, the
vulnerable and susceptible populations team did a deep dive of the opportunity index to
determine which neighborhoods should be targeted.
Councilmember Gorgol asked if there was an increase in people utilizing programming after
outreach occurred. King replied there has been an increase in applications for utility assistance.
Councilmember Gorgol stated a metric comparing numbers of people who need resources
versus those utilizing resources would be helpful.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
13. First Reading of Ordinance No. 098, 2020, Amending Section 18-6 of the Code of the City of
Fort Collins Regarding Mobile Home Park Management and Livability. (Adopted)
The purpose of this item is to present proposed City Code updates related to the livability issues
identified by residents, property managers, and owners of manufactured housing communities. Staff’s
recommendation includes the following Code changes:
The establishment of a new requirement for every mobile home park owner to post an onsite
manager’s name, regular office hours, and emergency contact instructions in both English and
Spanish in a conspicuous location near the park entrance or management office in Section 18-
6(a).
The establishment of a new, consistent requirement that trees and tree maintenance costs in
mobile home parks in Fort Collins are the responsibility of mobile home park owners and that tree
maintenance costs may not be charged to residents in Section 18-6(c).
The establishment of limitations on property owner or manager-required upgrades or
improvements to a mobile home or mobile home lot by residents. Upgrades or improvements
related to the mobile home’s exterior maintenance, repair, and upkeep under the park’s lawful
rules are allowed in Section 18-6(e).
The expansion of protection for organizing homeowners’ associations for mobile home parks
outlined in Colorado Revised Statute § 38-12-206 to include neighborhood groups that represent
residents and renters as well as homeowners and the establishment of protection against
retaliation for participating in mobile park homeowner’s associations, neighborhood groups, and
community meetings in Section 18-6(f).
Councilmember Summers stated he withdrew this item for clarification around some of the
provisions.
Jason Knebgl stated he lives in a mobile home park and mobile homeowners face a host of
problems under the current system of rules and regulations. He opposed the current system under
which mobile homeowners are responsible for tree maintenance.
Patty Baker stated she lives in a mobile home community and owners fear eviction because park
owners may sell the properties.
Councilmember Summers thanked the speakers and agreed rights should be protected. There have
been state bills passed on mobile home resident protections and he questioned why they are not
providing adequate provisions. He also questioned why efforts around mobile home parks can
come from out of town. JC Ward, City Planner, replied the four provisions are specific responses
to local issues that were identified by Fort Collins residents and property managers in public
outreach. The state regulations do not protect against some of these issues because the state system
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does not allow for anonymous reporting of issues and does not allow an advocacy group to be able
to file a complaint on behalf of a resident or group of residents, which is particularly important for
renters.
Councilmember Summers asked if these priorities were identified before or after the state
legislation. Ward replied they were identified after the first round of legislation, which was in
2019.
Councilmember Summers asked about hard to reach populations and their engagement. Ward
replied the 'hard to reach' definition is from the CPIO public engagement strategies that were
created in 2016 to identify target demographics including low English proficiency and lack of
access to technology. The Resident’s Rights team is an internal cross-departmental group that
works to be a neighborhood liaison for some mobile home groups.
Councilmember Summers stated the City is making concerted efforts to reach this segment of the
population.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 098, 2020, on First Reading.
Councilmember Gorgol stated these updates for mobile home park management and livability are
good protections for residents.
RESULT: ORDINANCE NO. 098, 2020, ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
DISCUSSION ITEMS
14. Resolution 2020-075 Endorsing City Staff's May 13, 2020 Written Comments Regarding the
Application of the Northern Colorado Water Conservancy District to Larimer County Under
Chapter 14 of the Larimer County Land Use Code for a "1041" Permit for the Northern
Integrated Supply Project. (Adopted)
The purpose of this item is to provide Council with the option to endorse City staff’s May 13, 2020
technical comments (“City Staff 1041 Comments”) that were previously submitted to Larimer County
(and provided to Council) on the pending Northern Integrated Supply Project (NISP) 1041 application.
The 1041 application focuses on NISP infrastructure and recreation. The City Staff 1041 Comments
are focused on infrastructure impacts within the Fort Collins Growth Management Area (GMA)
including the proposed installation of a diversion structure in the Cache la Poudre (Poudre) River near
Mulberry Street and associated pipeline, all on City-owned natural areas.
This item also provides Council with the opportunity to evaluate its position on NISP. In the Resolution,
four options are presented for Council’s consideration along a spectrum:
1. “Cannot Support This Variant of NISP,”
2. “Cannot Support and Oppose Use of Natural Areas,”
3. “Oppose,”
4. “Oppose and Oppose Use of Natural Areas.”
Carol Webb, Utilities Deputy Director, stated the Northern Integrated Supply Project (NISP) is
entering completion of its permitting processes. Staff provided technical comments on the 1041
permit application and is seeking Council's endorsement of those comments. Additionally, staff
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will be providing some context and a staff recommendation for Council's position statement.
Jennifer Shanahan, Watershed Planner, stated the conversation about NISP is about the health and
resiliency of the Poudre River. The overall purpose of the water storage and delivery project is to
serve 15 municipalities and districts to the east and south of Fort Collins, including the Fort
Collins-Loveland Water District. The project involves two reservoirs and a series of pipelines.
The focus of the discussion this evening is about the infrastructure within the city, particularly the
Poudre intake pipeline. Staff has been guided by Council to focus comments on the City's water-
related and environmental assets; therefore, the main focus has been the impact of reduced flows
to the health of the Poudre River because NISP will reduce springtime flows.
Shanahan outlined the staff's technical comments noting they are aligned with the policy direction
provided since 2018, mainly that the Council cannot support NISP as it is currently described with
the understanding that a different conclusion could be reached if the mitigation plan were changed
or if a different variant of NISP is proposed. She discussed the intersection of the Poudre intake
pipeline with City-owned Natural Areas and noted the City requested Northern Water work with
Parks Planning and Long-Range Planning to determine best plans if NISP is built.
Shanahan stated staff is recommending that Council consider endorsing the technical comments
sent to the County and indicated Council could recommend staff present comments orally to the
County Commissioners later this month. Four options are provided for Council consideration
noting staff is recommending option 1, that the current variant of NISP cannot be supported. She
noted staff feels this is the best option to optimize outcomes for City resources, including the
Poudre River.
Brent Holly stated NISP will have several negative impacts on Fort Collins and discussed these in
detail.
Tom Sale stated there are better, more modern, and cheaper solutions for what NISP is trying to
accomplish and that other solutions will not have the same negative impacts as will NISP. He will
be requesting County Commissioners and Council consider a non-binding review of alternatives
before approving the 1041.
Linda Griego requested the City consider other impacts of NISP to the land and communities
around Fort Collins. The Glade Reservoir project would have negative impacts on the climate and
stated the NISP application has no robust water supply vulnerability study assessing risks at Glade.
Barry Noon stated NISP will inescapably destroy the Poudre River through Fort Collins and further
downstream, and as a result, will undermine the City's commitment to prioritize the health of the
river. He urged Council to support option 4, to oppose the project and oppose the use of Natural
Areas.
Gary Wockner, Save the Poudre, disagreed with staff on several points in the overall conclusion
and stated his organization does not endorse the comments sent by staff to the County. The
mitigation plan will not remotely mitigate the devastating impacts to the Poudre River. He
supported option 4.
Doug Henderson, Sierra Club Poudre Canyon Group, stated NISP will seriously degrade the
Poudre River and further water diversion will damage the river's ecology, function and utility, and
will damage the area economy. The proposed mitigation plan will have little impact against the
environmental damage the plan will cause. Most of the 15 communities and water districts that
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hold shares in NISP are outside the Poudre's watershed, giving them little stake in the overall health
of the river. He discussed negative climate impacts of the project as well and supported option 4
and encouraged Council and the City to actively work to stop the project.
Preston Brown discussed the negative impacts of the project and noted the whitewater park built
by the City, which is a huge asset to downtown Fort Collins, was not even mentioned in the staff
comments submitted to the County. The proposed water diversion will cause worsening pollution
in the city's stormwater and wastewater due to lack of dilution. He urged Council to support option
4.
Evan Stafford stated the project's mitigation plan is inadequate and the project would destroy river
flows through town. He agreed the whitewater park should have been mentioned in staff
comments.
Ian Stafford, American Whitewater Colorado Policy Strategist, implored Council to take an in-
depth look at how this project will impact instream flows of the Poudre River through town.
Doug Swartz supported option 4 and stated the Poudre River and people, plants, and animals that
depend upon it, will lose if NISP is approved. The mitigation plan is not accurate and he
encouraged Council to protect the river by voting for option 4.
Brad Winn, Northern Water General Manager, discussed two upcoming processes that will provide
the City ongoing input as to how NISP is ultimately configured and how investments toward river
mitigation and enhancements are optimally realized. Those processes are the City's upcoming site
plan advisory review process and the adaptive management processes.
Della Garrell discussed the importance of the river and stated the negative impact of NISP to the
river's well-being and local economy are huge compared to any benefit it may bring. She
encouraged Council to take proactive action to prevent the construction of the project.
Ken McCollough noted there is overwhelming opposition to this project and stated Council needs
to consider the best interest of Fort Collins and oppose the project.
Nancy York opposed the staff comments and urged Council to consider the negative environmental
impacts of the project.
Councilmember Cunniff stated the agenda item summary discusses the ways in which option 1 is
compatible with 14 years of Council policy direction and noted option 4 would also be compatible
with that same timeframe of Council direction. Webb replied the City has always focused its
comments specifically on impacts within the city, never on the purpose and need of the project or
at the site of the dam. Council's position has predominately been focused on not supporting the
current variant of NISP but leaving open the possibility of changing its position depending on how
the project may change.
Councilmember Cunniff stated option 4 still endorses staff's comments and nothing in that option
revokes the option for staff to engage in further discussions with Northern. Webb replied
conversations could still occur but stated she would need to understand what that option would
entail in terms of how staff might implement the position.
Councilmember Cunniff stated option 4 is consistent with the general sense of the last 14 years of
Council policy direction and there will be additional opportunities to engage Northern.
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Mayor Troxell commented on the importance of having a seat at the table for discussions related
to the flow of the river through the city and Fort Collins has invested a great deal in the health of
the Poudre River. He agreed the whitewater park should be included in staff comments. One of
the biggest opportunities the City will have for comments is through the adaptive management
plan. He could oppose the utilization of Natural Areas lands and therefore would support either
option 1 or 2. He encouraged the comments made by Dr. Sale regarding the aquifer storage
reservoirs to be included and reiterated the importance of having a voice in the conversation.
Councilmember Summers noted dam integrity was mentioned as a concern and asked if the Army
Corps of Engineers is authorized to ensure the safety of such a structure. Shanahan replied the
dam must meet all safety requirements of the Division of Water Resources.
Councilmember Summers asked if there is a permanent impact on trail visitor use. Shanahan
replied there would be temporary closures of the Poudre Trail near Mulberry while the pipe is laid
underground and Riverbend Ponds would endure several months of parking lot and trail closures.
Councilmember Summers asked about the source of water that goes into an aquifer as opposed to
a dam. Shanahan replied aquifer storage was examined in the EIS process in the NISP alternatives
evaluation and was deemed not feasible due to limited availability of aquifer storage in the region.
Webb replied the source of water for an aquifer depends on the project.
Councilmember Pignataro asked if the City will no longer have a seat at the table for discussions
if it takes a position of opposition. Shanahan replied that has not been clarified and staff would
like direction from Council if that is the chosen path. Councilmember Pignataro opposed impacts
to Natural Areas but stated she would like to know if utilizing full opposition language limits the
City's ability to participate in discussions moving forward.
Councilmember Gutowsky requested an interpretation of the language in option 1. Webb replied
that language would allow staff to engage with Northern to look at how to get to an outcome that
addresses the fundamental concerns, knowing Council may never get to a 'support' position, but at
least to a position that addresses those concerns.
Councilmember Gorgol asked if the City is close to a point where NISP is addressing its
fundamental concerns. Webb replied staff members have spent numerous hours discussing the
City's concerns with Northern, how the adaptive management framework can be set up and
governed in a way that gives the City a voice. Fundamental concerns have yet to be fully
addressed. Northern has expressed a desire to do so although no commitments have been made.
Councilmember Cunniff requested staff input on the importance of spring flushing flows to river
health. Webb clarified river flows were not part of the scope of the 1041 review. Shanahan replied
every river in the west is driven by spring snowmelt and there is a very close connection between
those flows and the physical shape of the river. The relationship between the physical water and
the rock leads to the opportunity for thriving ecological communities. The spring flows flush out
sediment, maintain channel capacity to retain flood resilience, turn over the riverbed which
benefits fish spawning, and maintain riverbank vegetation.
Councilmember Cunniff asked if option 4 prohibits staff from having conversations with Northern.
Webb replied language could be added to the resolution that would direct staff to continue to work
with Northern to move closer to a variant that Council would potentially not oppose.
Councilmember Summers stated he would be surprised if the Colorado Department of Natural
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Resources and Fish and Wildlife did not take the importance of spring flows into account in doing
their evaluations. He asked if there will be permanent impacts to Natural Areas that cannot be
mitigated or restored. Shanahan replied the pipeline would be permanent and there are both
permanent and temporary impacts that would result from its installation. Permanent impacts
include the diversion in the river, the pipeline that could be seen at the river's edge, the settling
pond, and the pumphouse. Additionally, a small area of the Natural Area would be lost to house
the pond and pumphouse.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to approve
Resolution 2020-075, option 4.
Councilmember Cunniff stated opposing something that does not fit the City's needs seems like a
natural step; it does not change things in terms of engagement with Northern. He also opposed
any impact on Natural Areas.
Mayor Troxell questioned how there is a path forward to provide benefits to Fort Collins and asked
if the City would still be part of the adaptive management committee.
Councilmember Gutowsky commented on the significant ecological impact of the NISP project
and questioned whether there would be any benefit to Fort Collins. The river is already fragile
and may not withstand this project. She also expressed concern about the impacts of the project
on the whitewater park.
Mayor Troxell requested staff discuss the flows. Shanahan replied the Poudre intake pipeline will
enable the NISP project to improve base flows in the fall, winter, and early spring from the canyon
mouth to Mulberry; however, it does not increase spring flows.
Mayor Troxell asked if the whitewater park would therefore have higher flows for a longer period
of the year. Shanahan replied the lower flows that tubers would enjoy will see a slight increase;
however, the flows desired by kayakers would be reduced approximately 8 or 9 days per year.
Councilmember Gorgol supported opposing the 1041 permit as the project has not addressed the
City’s concerns.
City Attorney Daggett outlined some new language that would add another item in section 3 of the
resolution which is already directing the City Manager or his designees to do follow-up after
adoption of the resolution that would direct staff to continue diligent efforts to negotiate and work
with Northern Water to address the City's concerns regarding NISP and its impacts, including
potential impacts to City-owned Natural Areas.
Mayor Troxell questioned whether this language would capture ongoing discussions such as the
adaptive management plan. He expressed concern about the City not being a participant in
conversations about impacts to Fort Collins and asked if the desire is to have the County deny the
1041 permit. Councilmember Cunniff replied that is his desire.
Councilmember Summers questioned whether this language moves the City from stating it wants
to address concerns that impact Fort Collins to a position of no way should this be allowed.
Councilmember Cunniff stated section 1 of option 4 states opposition to NISP as it is currently
described and the new language clarifies staff will continue to talk with Northern. He would like
the inclusion of the word 'oppose' to indicate this is not a small matter. In addition, this position
does not indicate a lack of caring for other communities' water needs. The project includes
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guaranteed impacts to the health of the Poudre River and taking the stronger position strengthens
the City's bargaining position and makes clear the severity of concerns.
Councilmembers Cunniff and Pignataro accepted the language amendments as friendly.
Mayor Troxell stated the difference between options 2 and 4 is that option 2 provides the intention
to work towards and address mitigation of concerns. Webb replied the biggest part of the work
staff is now doing is in the adaptive management framework; therefore, it is important that
whatever direction staff receives, staff can still continue to navigate those adaptive management
discussions in a way where staff is allowed to advocate for the City having a voice in the
governance. She stated compelling Northern to do that is challenging.
City Attorney Daggett stated the adaptive management plan is aimed at a much broader range of
issues and comes out of the NEPA process and discussions around the 404 permit. Her intention
behind the new language is not limited to being only about the 1041 process; therefore, the City's
concerns as they have been expressed throughout the course of the process would continue to be
concerns covered by staff's work.
Mayor Troxell asked if the reference to the final environmental impact statement (FEIS) could be
removed from option 4 to narrow it to opposition of the 1041 rather than to NISP as an entire
project.
Councilmember Cunniff asked if the adaptive management plan is included in the current final
environmental impact statement. Webb replied the FEIS refers to the adaptive management plan
and the record of decision and when it is issued will better articulate how the mitigation that is
required by the project will be managed through adaptive management. The primary approval that
governs adaptive management is the Fish and Wildlife mitigation and enhancement plan, which is
primarily what the group that is working on the adaptive management framework is using.
Councilmember Cunniff stated it is fair to oppose the FEIS as it does not have a complete adaptive
management plan and a plan that fully satisfies Council's concerns could change its mind.
Webb stated Council should compel the County to, at the very minimum, address and consider the
City's comments as they are critical and substantive.
Mayor Troxell opposed making broad opposition statements.
City Attorney Daggett suggested language that requests the County consider and meaningfully
respond to the City staff 1041 comments. Councilmembers Cunniff and Pignataro accepted the
language as a friendly amendment.
Mayor Troxell commended the staff work on this item and discussed the importance of continuing
to work together with Northern.
City Attorney Daggett added language stating 'and development of a sustainable, long-term
approach to avoidance, minimization, management, and mitigation of impacts.' Councilmembers
Cunniff and Pignataro accepted the language as a friendly amendment.
Mayor Troxell stated he would support the motion with the changes.
City of Fort Collins Page 117
RESULT: RESOLUTION 2020-075 ADOPTED [5 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Troxell, Cunniff
NAYS: Summers
ABSENT: Stephens
(Secretary's Note: The Council took a brief recess at this point in the meeting)
15. First Reading of Ordinance No. 100, 2020, Amending the Land Use Code to Establish a
Manufactured Housing Zone District. (Option A or Option B) (Adopted on First Reading)
The purpose of this item is to present Land Use Code (LUC) updates related to the creation of a new
zone district for manufactured housing preservation. The staff recommendation includes the following
LUC changes:
The establishment of a new Manufactured Housing (M-H) zone district in Article 4. The district
includes its own unique set of permitted land uses and standards related to density, setbacks,
building height, building size, and parking.
New definitions in Article 5 for ‘manufactured home’ and ‘manufactured housing community’ which
will replace existing definitions for the terms ‘mobile home’ and ‘mobile home park.’
Numerous changes throughout Articles 1-4 which serve to reference or classify the new zone
district within the context of other general Code standards and process procedures.
Staff is presenting two options for the permitted land uses as part of the new M-H zone district. Option
A, first presented to Council at the April 28, 2020, work session, represents a narrower set of permitted
land uses while Option B would permit several additional residential land uses which were previously
permitted in the City’s former mobile home park districts prior to 1997.
Caryn Champine, Planning, Development, and Transportation Director, stated this item would
create a new zone district that is uniquely designed to preserve existing manufactured housing
communities.
Ryan Mounce, City Planner, stated this item involves a series of Land Use Code updates that would
create a new manufactured housing zone district which would be a new tool for the community to
preserve existing manufactured housing communities by encouraging manufactured housing as
one of the primary uses in the new district. The ultimate goal of this is to help reduce the likelihood
of a community closure due to redevelopment resulting in the displacement of residents and the
loss of a very unique type of housing in Fort Collins. This work is part of a series of efforts
occurring at both the state and local level to address various issues related to manufactured
housing.
Mounce noted there is additional process engagement that would need to be done to consider
applying the zone district tool through a rezoning process, which may occur this fall. In addition,
there is also a series of Municipal Code changes staff is bringing forward. The specific Land Use
Code changes would create the new manufactured housing zone district itself, which is composed
of a list of permitted uses and specific zone district standards, updates to Land Use Code
definitions, and miscellaneous changes to reference the new zone district itself.
Mounce outlined the proposed permitted uses for the zone district, which are primarily
preservation based, noting staff will be presenting options for Council to consider. Option A would
allow and encourage manufactured housing, group homes, shelters, and extra occupancy rentals,
as well as some institutional uses that would complement the residential uses. Option B includes
City of Fort Collins Page 118
the same uses but would add three additional residential uses: single-family detached homes,
duplexes, and triplexes. He indicated there has been some concern that option A may be too
restrictive for property owners. He also outlined the boards and commissions input regarding the
proposed changes.
Susan Preston strongly encouraged Councilmembers to vote for option A stating the 55+
manufactured housing community in which she lives is only one of two existing senior
manufactured housing park resources in the city limits. She expressed concern about the loss of
her property.
A video discussing the importance of preservation of communities was shown.
Two audio clips were played. The first supported option A and discussed the importance of
manufactured housing as an affordable option. The second discussed the importance of
manufactured housing as an affordable option for families.
Councilmember Summers requested information regarding why these individuals fear losing their
homes. Mounce replied there are several reasons, but much of the concern comes from a dual
ownership model wherein many residents own their unit, but not the land underneath. This leads
to a lack of control over lot rent. Additionally, there is uncertainty around what happens if a
community closes as adequate space in other communities would be difficult to find and moving
units is quite costly.
Councilmember Summers stated it is important to protect this type of affordable housing; however,
he does not want to do so out of an inciting of fear.
Mayor Troxell asked if the formation of this zone district will guarantee the property use will not
change. Mounce replied the goal is to reduce the likelihood that a community would close,
primarily due to redevelopment, for any properties that are rezoned to the new zone district in the
future.
Mayor Troxell noted there would be a public process for a landowner who may want to propose a
new use for a manufactured housing community and there are no guarantees that the use would
remain given the formation of this zone district.
Mayor Troxell asked about the zone standards and how many of the existing communities would
meet them. Mounce replied it is not the expectation that these standards would immediately apply
and changes would be required because this is likely to be applied to existing development. The
existing communities would likely be grandfathered or become permitted non-conforming uses.
The standards would come into effect if any changes or new development were proposed, but that
would occur through a development review process.
Mayor Troxell asked about the two options. Mounce replied option A has greater preservation
potential because option B would allow a property owner to redevelop into duplexes or triplexes,
which could result in the displacement of residents and the loss of manufactured housing units.
Option B was included to try to address feedback about the impacts on property owners as well as
the rights and desires of residents.
Mayor Troxell asked if this zoning is primarily preservation focused or if it would have any
benefits moving forward. Mounce replied the zoning could be considered retroactive in terms of
applying it to existing development and the goal of preservation of the existing units has been
identified as being important. Potential benefits of option B are shifted toward some of the existing
City of Fort Collins Page 119
property owners.
Mayor Troxell asked how rents are charged at manufactured housing communities. Mounce
replied there could be different options for lot rent; however, it is usually paid monthly and may
include certain utilities or access to amenities. Some units are rented out by the property owners
and some are owned.
Councilmember Gutowsky asked about the general response from property owners regarding these
options. Mounce replied staff has had differing levels of success directly communicating with
certain property owners. Other property owners have had mixed responses. Some of the proposed
zone district standards are like other communities and some have expressed concern this represents
a large deviation from current zoning and may have a significant impact on future redevelopment
plans.
Councilmember Gutowsky asked how the perimeters of the zone districts are determined. Mounce
replied zone districts are most frequently aligned with parcel boundaries.
Councilmember Gutowsky asked when the new zoning would go into effect. Mounce replied the
Land Use Code changes, if approved on first and second reading, would go into effect ten days
following second reading; therefore, the earliest the zone district could come to fruition is late
August and parcels would still have to be rezoned into the new zone district after that, which would
entail more planned outreach.
Councilmember Summers stated the zone district could be a nice fit for a new development,
perhaps on a Land Bank parcel. He asked if forcing this zoning upon existing communities is
going to preserve them longer. Mounce replied staff has looked at the topic of preservation zoning
in other communities and noted other incentivization tools have also been examined.
Councilmember Pignataro stated she would support option A as manufactured housing fits into a
portion of the affordable housing spectrum that is otherwise unfilled.
Councilmember Summers asked how increasing lot rents fit into affordability. Mounce replied
the $600-$1,200 monthly lot rent is a range for the community and includes both lot rent and unit
cost. Manufactured housing is similar in cost to the lower end of the affordable housing spectrum.
Councilmember Gorgol asked if this zoning would create a process in which residents can
participate if the property owner seeks redevelopment. Mounce replied a rezoning process would
give the opportunity for more participation and general awareness of proposals.
Councilmember Gorgol asked if having manufactured home zoning would increase the ability of
having a resident-owned community. Mounce replied staff has examined that possibility and it
could be a potential benefit.
Councilmember Cunniff noted a manufactured housing community was redeveloped in Fort
Collins around eight years ago, and despite owners having mortgages on their units, there was no
available space in other communities to move units. This change is about preservation and creating
predictability around the process for residents. He would support option A for the preservation
aspect.
Councilmember Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 100, 2020, option A, on First Reading.
City of Fort Collins Page 120
Councilmember Summers stated he could support preservation of existing communities, but stated
he is more interested in what can be done moving forward. There is no data regarding whether
this zoning change would lead to preservation and opposed placing extra restrictions on property
rights.
Councilmember Gutowsky stated residents fear losing their homes based on feelings of
uncertainty. Option A would provide some predictability to residents.
Councilmember Gorgol stated there is data about manufactured home community zoning leading
to preservation. She discussed the uncertainty around manufactured housing ownership and this
Ordinance will provide stability and predictability for residents. The process will allow all parties
to equally participate; creates equity.
Councilmember Summers stated the dynamics of manufactured home communities is not being
changed and is not an equity issue. Land ownership has never been a part of mobile home
ownership. He agreed the housing option should be preserved and noted there are stronger ways
to accomplish this if it is the desire of Council.
Mayor Troxell stated he would support the motion but noted there are no guarantees regarding
land use. Preservation is important including having a strategy around a number of different
affordable housing options.
Councilmember Summers stated he would support the motion as he believes in preservation;
however, he expressed concern about limiting options for the future. He inquired if there is a
different process between the two options. City Attorney Daggett replied the difference is that
option B allows a wider variety of permitted uses for properties in the zone district. Mounce
concurred and stated the processes are the same with both options.
(Secretary's Note: Council did not take any action on option B.)
RESULT: ORDINANCE NO. 100, 2020, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
16. First Reading of Ordinance No. 101, 2020, Extending the Moratorium on Certain Redevelopment
Affecting Existing Mobile Home Parks Until December 30, 2020. (Adopted)
The purpose of this item is to extend a moratorium, through December 30, 2020, upon the City’s
acceptance of any application for development of any kind that, if granted, could result in the partial or
total closing or reduction in capacity of any existing mobile home park, to address the issues and
concerns identified in the recitals contained in Ordinance No. 099, 2019.
Ryan Mounce, City Planner, stated this item involves consideration of the extension of a
moratorium currently in place regarding development of existing manufactured housing
communities. Mounce discussed the history of the moratorium noting it was originally set to
expire in August of 2020. Some of the work on the item will not be completed until after the
expiration due to delays resulting from COVID-19. The revised timeline considers the Code
adoption process for the residents' rights issues in the Municipal Code as well as the manufactured
housing zone district occurring in the late summer with the opportunity to continue engagement
with potential rezonings in the fall.
City of Fort Collins Page 121
Mounce stated this item would contemplate extending the moratorium to December 30, 2020, to
allow time for additional engagement opportunities and consider potential property rezonings.
Councilmember Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 101, 2020, on First Reading.
Councilmember Summers stated he would be more comfortable with a two-month extension.
Mayor Troxell also supported a shorter moratorium extension.
Councilmember Pignataro asked why staff has recommended a four-month extension. Mounce
replied it is primarily related to the fact that some of the consideration of rezonings might involve
certain properties that the City would want to consider amending City Plan and neighborhood plans
to facilitate. Those processes would involve some additional Planning and Zoning Board and
Council action to implement prior to a rezoning taking place. Staff is prepared to bring forward
these potential rezonings with appropriate outreach and engagement as soon as possible.
Councilmember Cunniff noted the moratorium could potentially be repealed early as appropriate.
RESULT: ORDINANCE NO. 101, 2020, ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
Motion to extend the meeting past 10:30 PM
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to extend the
meeting past 10:30 PM to consider such other business as may come before Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
City of Fort Collins Page 122
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
17. Second Reading of Ordinance No. 090, 2020, Designating the Woods-Gilkison-Dunn Property,
331 South Loomis Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted on Second Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This Ordinance, unanimously adopted on First Reading on July 21, 2020, designates the Woods-
Gilkison-Dunn Property located at 331 South Loomis Avenue as a Fort Collins Landmark. The property
is eligible for recognition as a Landmark due to its significance to Fort Collins under Designation
Standard 3, Design/Construction and their historic integrity. The property is owned by Housing
Catalyst, which is seeking Landmark designation to resolve federal compliance requirements with the
State Office of Archaeology and Historic Preservation under the National Historic Preservation Act.
Landmarking will facilitate the intended sale of the properties out of the Housing Catalyst inventory.
Rich Stave stated he withdrew these items as he was expecting staff input on tax consequences of
these items. There are 44 properties in the Housing Catalyst inventory that are being turned over
to Elevation Community Land Trust and he questioned why these three properties are being treated
differently. It may be in the best interest of the taxpayers to maximize the profit on this and turn
it into group properties the City is trying to manage.
Councilmember Gutowsky requested an explanation of HUD's Section 18 disposition program.
Kristin Fritz, Housing Catalyst, replied it is a program available to the Public Housing Program
allowing housing authorities to either dispose or reposition their public housing if specific criteria
are met. Public housing units can be sold and a family transferred out of the unit with a voucher
assistance payment. Sales proceeds are then realized and leveraged into the creation of additional
affordable housing in the community. In this scenario, Elevation Community Land Trust will be
preserving the units as future affordable home ownership opportunities.
Councilmember Gutowsky asked how Housing Catalyst has come to own HUD homes. Fritz
replied the Housing Catalyst has owned these properties since the early 1970's.
Councilmember Gutowsky asked if Elevation Community Land Trust will be rehabilitating the
properties. Fritz replied the units are being sold at below market rate and Elevation will be putting
in additional capital in order to set future affordable homeowners up for success.
Councilmember Gutowsky asked if the homes will ever be offered on the open market. Fritz
replied the current plan is for a bulk sale to Elevation and there is no plan to place them on the
open market.
Regarding Mr. Stave's question, Fritz stated the plan to sell to Elevation is part of Housing
Catalyst's mission to preserve the units as additional affordable housing in the community.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 090, 2020, on Second Reading.
City of Fort Collins Page 123
RESULT: ORDINANCE NO. 090, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
18. Second Reading of Ordinance No. 091, 2020, Designating the Benton-Schultz Duplex Property,
1016-1018 Morgan Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted on Second Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This Ordinance, unanimously adopted on First Reading on July 21, 2020, designates the Benton-
Schultz Duplex, located at 1016-1018 Morgan Street, as a Fort Collins Landmark. The property is
eligible for recognition as a Landmark due to its significance to Fort Collins under Designation Standard
3, Design/Construction and their historic integrity. The property is owned by Housing Catalyst, which
is seeking Landmark designation to resolve federal compliance requirements with the State Office of
Archaeology and Historic Preservation under the National Historic Preservation Act. Landmarking will
facilitate the intended sale of the properties out of the Housing Catalyst inventory.
Rich Stave questioned the public transparency of transferring the properties and creating
contingent sales with little financial information provided by Elevation Community Land Trust.
Fritz clarified tonight's action is the process of identifying these houses as historic, which needs to
occur due to the environmental review process triggered by future sales. A full review by HUD,
which has yet to occur, includes the plan for any use of proceeds and provides full public
information. Elevation Community Land Trust is a foundation-funded land trust that has many
different sources of funding; its specific mission is to have 1,000 units made available for
affordable home ownership in Colorado.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 091, 2020, on Second Reading.
RESULT: ORDINANCE NO. 091, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
19. Second Reading of Ordinance No. 092, 2020, Designating the Brawner-McArthur Property, 228
Whedbee Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Adopted on Second Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This Ordinance, unanimously adopted on First Reading on July 21, 2020, designates the Brawner-
McArthur Property, located at 228 Whedbee Street, as a Fort Collins Landmark. The property is eligible
for recognition as a Landmark due to its significance to Fort Collins under Designation Standard 3,
Design/Construction and their historic integrity. The property is owned by Housing Catalyst, which is
seeking Landmark designation to resolve federal compliance requirements with the State Office of
Archaeology and Historic Preservation under the National Historic Preservation Act. Landmarking will
facilitate the intended sale of the properties out of the Housing Catalyst inventory.
City of Fort Collins Page 124
Rich Stave questioned whether this is the appropriate way to dispose of City-owned properties and
suggested auctioning properties. He questioned how the public interest is best served if properties'
values are not maximized.
Councilmember Summers stated the public interest is best served by having a partner that will
renovate these buildings at a reasonable cost and get them into the hands of families who need
affordable housing.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 092, 2020, on Second Reading.
RESULT: ORDINANCE NO. 092, 2020, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
OTHER BUSINESS
Councilmember Cunniff stated there have been 37 applications for the vacant Planning and Zoning
Board position. The allotted time frame for interviews is not adequate to interview all applicants.
He proposed a process by which the Mayor and he each select six candidates which can be ratified
by Council at next week's adjourned meeting for a short list of applicants to be interviewed.
Councilmember Pignataro suggested it could be helpful for a few additional Councilmembers to
look through all the applications.
Councilmember Cunniff stated the decision to add or remove people from the short list would
ultimately be in Council's hands, but allowing the liaisons to take a first pass could be helpful.
Councilmembers agreed to move forward in that fashion while providing all application materials
to all Councilmembers.
A. Consideration of a motion to adjourn into executive session to discuss Broadband issues.
Councilmember Gorgol made a motion, seconded by Councilmember Pignataro, that Council enter
into executive session to consider matters pertaining to issues of competition in providing
telecommunication facilities and services including matters subject to negotiation, strategic plan,
price, sales and marketing, development phasing and any other matter allowed under Colorado
Law, as permitted under Article XX, Section 7(d) of the City Charter and Section 2-31(a)(5) of the
City Code.
Rich Stave questioned what is being contemplated with this executive session and stated the work
in his area has not been completed in a timely fashion nor does he know who is in charge.
Mayor Troxell stated a report will be coming out shortly.
(Secretary's Note: The Council went into executive session from 11:15 PM until 12:11 AM and
Councilmember Summers left the meeting during the executive session.)
City of Fort Collins Page 125
RESULT: ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff
ABSENT: Stephens
ADJOURNMENT
Motion to adjourn to 6:00 PM on August 11, 2020.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to adjourn to
6:00 PM on August 11, 2020, to consider action regarding Planning and Zoning Board
appointments and such other business as may come before the Council.
RESULT: ADOPTED [5 TO 0]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Troxell, Cunniff
ABSENT: Stephens
AWAY: Summers
The meeting adjourned at 12:14 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk