HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/04/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE S Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 4, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 15, 2020 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is for consideration and approval of the minutes of the September 15, 2020 Regular
Council Meeting.
ATTACHMENTS
1. September 15, 2020 (PDF)
City of Fort Collins Page 1
September 15, 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, Stephens, Troxell, Cunniff
STAFF PRESENT: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 7, Public Hearing and First Reading of Ordinance No.
114, 2020, Adopting the 2020 National Electric Code Standards, was amended to more clearly
depict the proposed changes. Additionally, a staff report related to the Horsetooth Outlet Project
and associated mandatory water restrictions has been added to the agenda. He recommended Item
No. 15, Council Consideration of Authorization for Remote Hearings for Historic Preservation
Appeal to the Landmark Preservation Commission, be moved to the Discussion Agenda.
Mayor Troxell and City Clerk Coldiron outlined the citizen participation options.
• PUBLIC COMMENT
Adam Eggleston discussed housing affordability and supply issues in Fort Collins. He suggested
possible changes to the occupancy ordinance could assist with those issues.
Joshua Judd supported public financing of Council campaigns and stated these 'clean elections'
shed light on funding sources and restrict donations to eligible voters only.
Rich Stave commented on Item No. 5, Second Reading of Ordinance No. 111, 2020, Amending
Chapter 25 of the Code of the City of Fort Collins Regarding Economic Nexus and the Obligation
of Remote Sellers to Collect and Remit Sales Tax, stating it is difficult to use the online portal
without standardized taxes. He also commented on Item No.7, Public Hearing and First Reading
of Ordinance No. 114, 2020, Adopting the 2020 National Electric Code Standards, and questioned
how the average citizen will be able to access a Code book given their cost. He asked what type
of facility is being proposed for the Food Bank building and whether the air handling systems are
shared between the proposed shelter area and the Food Bank area.
Wes (no last name given) stated the Fort Collins Police Department should make a symbolic stance
about Black Lives Matter. He also suggested murals of those who have lost their lives at the hands
of police officers around the country should be painted around town. He stated classes explaining
the history of policing and the civil rights movement should be mandatory for all Police officers,
random community surveys should occur, and Fort Collins Police Services transparency data
should be broken down by race and ethnic categories.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
City of Fort Collins Page 2
Mayor Pro Tem Stephens requested some information regarding the available supply of rental
units in the community. She stated public campaign financing could be considered by a future
Election Code Committee. She also inquired if Code books are available for the public to view.
Rich Anderson, Chief Building Official, replied Code books are available free online though the
National Fire Protection Association and a hard copy is available in the City Clerk's Office.
Mayor Pro Tem Stephens asked about the air handling at the Food Bank building. Jackie Kozak-
Thiel, Chief Sustainability Officer, replied the two areas of the building are separate and both
building officials and the Larimer County Health Department have toured the property and ensured
public health guidance is followed.
Councilmember Gorgol requested Wes submit an email with his specific questions so they can be
addressed.
• CONSENT CALENDAR
Mayor Troxell noted Item Nos. 7, Public Hearing and First Reading of Ordinance No. 114, 2020,
Adopting the 2020 National Electric Code Standards, and 8, Public Hearing and First Reading of
Ordinance No. 115, 2020, Amending the Zoning Map of the City of Fort Collins and Amending
Ordinance No. 177, 2017, by Changing the Zoning Classification for Property Known as the
Spring Creek Rezoning REZ170001 - Correction of Map Errors, are public hearings.
Rory Heath withdrew Item No. 14, Resolution 2020-087 Making an Appointment to the Planning
and Zoning Board, from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the August 10, 2020 Special Meeting, August 11,
2020 Adjourned Meeting and August 18, 2020 Regular Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 10, 2020 Special Meeting, August
11, 2020 Adjourned Meeting and August 18, 2020 Regular Meeting.
2. Second Reading of Ordinance No. 107, 2020, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Transfer to Social Sustainability in the General Fund for the
Equity Indicators Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2020, appropriates $20,000
in philanthropic revenue in the General Fund for transfer to Social Sustainability for the support of the
Equity Indicators project as designated by the donor, Bohemian Foundation. In a commitment to
advance equitable outcomes, the City has selected CUNY Institute for State and Local Governance
(ISLG) to lead an Equity Indicators project which will establish a framework for measuring and
understanding the inequities that exist in Fort Collins.
City of Fort Collins Page 3
3. Second Reading of Ordinance No. 108, 2020, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify Utility Accounts, Billing and Collections. (Adopted)
This Ordinance, unanimously adopted on First Reading on Septem ber 1, 2020, adopts changes to
City Code to align with requirements in the 2020-2025 LEAP Vendor Agreement. Under current billing
practices, utility bills are treated as a single customer account payment balance, and payments made
to an account are applied equally across utility service products on that account. The Code changes
will allow for Low-Income Energy Assistance Program (LEAP) payments to be applied only to electric
service (as required in the 2020-2025 LEAP Vendor Agreement), even if a customer has other Fort
Collins utility services (e.g., water, wastewater, stormwater and/or broadband).
These Code changes will enable Fort Collins Utilities to remain a LEAP Vendor which benefits the
200+ income-qualified customers that receive LEAP in two ways: (1) they get a more accurate benefit
amount because Fort Collins Utilities is able to provide Estimated Home Heating Costs (EHHC) from
which LEAP bases benefit calculations, and (2) it is more convenient for the customer because LEAP
payments are automatically applied to a customer’s utility account.
4. Second Reading of Ordinance No. 109, 2020, Amending the Code of the City of Fort Collins to
Modify and Update Requirements and Procedures for City Elections and Campaign Finance in
City Elections. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2020, adopts amendments
to the City’s election campaign Code provisions.
On Second Reading, City staff is proposing minor revisions to the Ordinance concerning the campaign
finance violation process. The first revision corrects a minor typographical error in proposed Section
7-143(b)(1). The second revision is in proposed Section 7-145(d)(6)(c), which establishes factors for
the City Attorney to consider when determining if the respondent to a campaign finance complaint has
substantially complied with their legal obligations under the Code. On First Reading, one factor for
the City Attorney to consider was stated as whether the respondent’s violation appeared to be an
“intentional” attempt to mislead the electorate or election officials. The revision changes “intentional”
to “knowing” to maintain consistency with the usage of terms within the campaign finance violation
Code provisions. The term “knowing” is used elsewhere within those provisions.
5. Second Reading of Ordinance No. 111, 2020, Amending Chapter 25 of the Code of the City of
Fort Collins Regarding Economic Nexus and the Obligation of Remote Sellers to Collect and
Remit Sales Tax. (Adopted)
This Ordinance was amended on Second Reading to make a minor revision clarifying the effective
date on page 6.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, is based on a model
ordinance prepared by a working group of municipal attorneys and municipal fina nce staff, coordinated
by the Colorado Municipal League (CML) and requires remote sellers to collect and remit City sales
tax. With adoption of the Ordinance, the City Manager will enter into an agreement with the Colorado
Department of Revenue to allow such taxpayers to remit tax to the City using the Department’s single
point of remittance software.
6. First Reading of Ordinance No. 113, 2020, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the Northside Aztlan Resilien ce HUB Project.
(Adopted)
The purpose of this item is to appropriate $200,000 in Renewable and Clean Energy Challenge grant
funds from the Department of Local Affairs (DOLA) for a project to establish the Northside Aztlan
Community Center (Aztlan Center) as a resilience hub. The City has been notified of an award of
$200,000 in support of energy and storage measures at the Aztlan Center to improve its function as a
resilience hub during community emergencies.
City of Fort Collins Page 4
The total project cost is $425,000, which includes an additional $200,00 0 as a required local match,
and $25,000 for non-reimbursable project fees. The structure of the funding for the total project would
use the $200,000 in grant proceeds from DOLA, $200,000 for the required local match from the 2020
Energy Services budget (already appropriated in the Light & Power Fund), and $25,000 for the non -
reimbursable project fees from the 2020 Municipal Innovation Fund (already appropriated in the Keep
Fort Collins Great Fund). The $200,000 for the local match from the 2020 Energy Se rvices budget is
available as a result of anticipated underspend due to the COVID-19 pandemic.
7. Public Hearing and First Reading of Ordinance No. 114, 2020, Adopting the 2020 National
Electric Code Standards. (Adopted)
This item was amended to reflect the amendments being proposed as compared to the current City
Code provisions that adopt the National Electric Code. The amended version of the Ordinance clearly
reflects these amendments as compared to the current provisions.
The purpose of this item is to adopt the most up-to-date electrical code that will align the City and the
minimum State allowed Electrical Code. The National Electrical Code (NEC) as Adopted by the State
of Colorado Department of Regulatory Agencies (DORA) is the standard for all elect rical installations
in the State. By aligning our local adoptions with DORA, we will be in line with the minimum life safety
requirement for electrical installations and repairs.
8. Public Hearing and First Reading of Ordinance No. 115, 2020, Amending the Zoning Map of the
City of Fort Collins and Amending Ordinance No. 177, 2017, by Changing the Zoning
Classification for Property Known as the Spring Creek Rezoning REZ170001 – Correction of
Map Errors. (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 make minor corrections to the legal description for a previously approved
rezoning. On January 2, 2018, Council approved a rezoning ordinance for the Spring Creek Rezone
with six conditions, following a recommendation of approval from the Planning and Zoning Board. In
2019, staff discovered errors in the legal description related to this rezoning action. The revised
Ordinance and attachments correct the errors that have been identified. The City of Fort Collins is the
applicant for this item.
9. First Reading of Ordinance No. 116, 2020, Suspending Certain Provisions of the City's Land
Use Code to Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers
in Response to the COVID-19 Pandemic. (Adopted)
The purpose of this item is consideration of an Ordinance exempting certain child care uses from
development review and Land Use Code requirements through May 28, 2021. The COVID -19
pandemic has created a need for distributed learning and daycare sites, but the number of buildings
already approved for child care in the community is too l imited to meet current demands. This
Ordinance would allow for child care uses to operate within buildings that have not previously been
approved for such use, provided all applicable health and life safety requirements have been met. It
would exempt child care centers, as defined in the Land Use Code, from the development review
process for a limited timeframe, aligned to the 2020-21 academic school year, to allow for remote
learning and daytime care of children. Compliance with building code, fire code , health department
requirements, and state licensing would still be required, as applicable.
City of Fort Collins Page 5
10. Resolution 2020-083 Authorizing a Livestock Grazing Lease and Residential Lease on Meadow
Springs Ranch with Natural Fort Grazing, LTD. (Adopted)
The purpose of this item is to seek Council authorization for a grazing lease for up to ten (10) years
for grazing rights at Meadow Springs Ranch (MSR). MSR is a 26,500 -acre ranch owned by the City
wastewater utility with the primary purpose being Biosolids Land Application. MSR also functions as a
working cattle ranch and historically has maintained 10-year grazing leases for stability in rangeland
management practices. The current lease expires in December 2020.
11. Resolution 2020-084 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Implement the Laramie Foothills Expansion 2020 - Land Conservation
Project. (Adopted)
The purpose of this item is to seek Council approval of a Resolution implementing an
Intergovernmental Agreement (IGA) with Larimer County for the “Laramie Foothills Expansion 2020 -
Land Conservation Project”. The Project will conserve up to 3,533 acres in the Laramie Foothills near
Soapstone Prairie Natural Area and adjacent to Red Mountain Open Space or Roberts Ranch
Conservation Easement.
12. Resolution 2020-085 Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services. (Adopted)
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
13. Resolution 2020-86 Supporting the Establishment of a Friendship Cities Partnership Between
the City of Fort Collins and Vila Nova De Famalicão, Portugal. (Adopted)
The purpose of this item is to submit a Friendship City application from Vila Nova de Famalicão (VNF)
in Portugal. The City partnered with VNF for 18 months through the International Urban Cooperation
program and now the two cities would like to establish a long -term agreement through the Council
Friendship City process and a related Memorandum of Understanding (MOU).
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff commented on Item No. 11, Resolution 2020-084 Authorizing the Mayor
to Execute an Intergovernmental Agreement with Larimer County to Implement the Laramie
Foothills Expansion 2020 - Land Conservation Project, as being a good news item.
Councilmember Summers commented on Item No. 7, Public Hearing and First Reading of
Ordinance No. 114, 2020, Adopting the 2020 National Electric Code Standards. He read parts of
a letter indicating the adoption of some of these standards will greatly increase the cost of housing.
Mayor Pro Tem Stephens commented on Item No. 9, First Reading of Ordinance No. 116, 2020,
Suspending Certain Provisions of the City's Land Use Code to Permit Temporary Use of Certain
Non-Residential Buildings for Child Care Centers in Response to the COVID-19 Pandemic, as
being a good news item.
Mayor Troxell also commented on Item No. 11, Resolution 2020-084 Authorizing the Mayor to
Execute an Intergovernmental Agreement with Larimer County to Implement the Laramie
Foothills Expansion 2020 - Land Conservation Project, as being a good news item.
• STAFF REPORTS
City of Fort Collins Page 6
A. COVID and CARES CVRF Update (SeonAh Kendall)
SeonAh Kendall, COVID Recovery Manager, discussed the Community Response Assistance
Program and additional funding from CDBG funds to specifically benefit low- and moderate-
income individuals. She stated Economic Health just launched its Small Business Assistance
Program and noted a written update on all the programs will be provided at the end of the month.
Mayor Pro Tem Stephens asked how the CDBG funds will be allocated. Kendall replied the Social
Sustainability Department will be working with the City's CDBG Commission.
City Manager Atteberry commended Kendall's work on these issues.
B. Wildfire Smoke Resiliency Efforts (Cassie Archuleta)
Cassie Archuleta, Air Quality Program Manager, noted efforts around this topic are aligned with
Council priorities related to air quality and particle pollution and funding is provided by air quality
outreach and monitoring resources in the City's environmental services ongoing budget offer.
Megan DeMasters, Air Quality Specialist, stated staff is working from a definition of a 'smoke
ready' community which is based on best practice research. The definition involves public
buildings having smoke filtration and providing community members with information to
understand health risks associated with smoke exposure and have resources to help themselves.
She detailed the specific actions Fort Collins is taking to become a 'smoke ready' community.
• HORSETOOTH OUTLET PROJECT AND MANDATORY WATER RESTRICTIONS
Alice Conovitz, Water Conservation Analyst, stated the Horsetooth Outlet Project is an
infrastructure repair project on the Soldier Canyon Dam Outlet. During the project, Fort Collins
water providers will be relying on water from the Poudre River and a potential backup system that
would draw water from another part of the Horsetooth Reservoir. She outlined the mandatory
water restrictions that will begin October 1 and stated the combination of the Cameron Peak fire
and hot, dry conditions have increased the likelihood the backup system will be used in October
and November; therefore, the mandatory restrictions will lower the risk that demand will exceed
pump capacity. She noted now is an ideal time to complete this project given spring runoff after
the fire.
Mayor Troxell asked if the Fort Collins-Loveland Water District and ELCO have implemented a
similar restriction. Conovitz replied there is support and interest among both entities to enact the
same restrictions.
Mayor Troxell asked if commercial car washes are restricted. Conovitz replied in the negative.
Councilmember Pignataro requested additional details around the pump system. Mark Kempton,
Utilities Interim Deputy Director, replied the project is scheduled to begin on October 15 and in
order to ensure demand is down for that start date, October 1 was chosen as the date to begin
restrictions. The project should be done by late November and it is that timeframe during which
the pump system would be needed if an issue regarding Poudre River water arises.
Councilmember Pignataro asked about the effect on the water supply of this project not occurring
for some reason. Kempton replied Northern Water has provided a timeframe of 30 to 45 days to
complete the project and the City has planned for 60 days in case of a possible delay.
City of Fort Collins Page 7
Mayor Pro Tem Stephens asked when efforts to address the effects of the fire on the watershed
will begin. Kempton replied staff is currently coordinating with the Forest Service and other
partners in the watershed to start that work. Alice Conovitz noted the topic will be discussed with
Council at an October work session.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Stephens reported on a visit to local businesses with Congressman Neguse.
Mayor Troxell commented on the proclamations he issued prior to the meeting for Minority
Enterprise Development Week, Constitution Week, and Joe Rubenstein Day. He commented on
the passing of former Mayor, John Knezovich.
Councilmember Gorgol announced her upcoming listening sessions regarding the budget and
stated the Council ad hoc committee on housing will meet on the 17th from 5-7 PM.
Councilmember Gutowsky reported on the recent Behavioral Health Committee meeting during
which grant funding was awarded to mental health providers.
• DISCUSSION ITEMS
14. Council Consideration of Authorization for Remote Hearings for Historic Preservation Appeal
to the Landmark Preservation Commission. (Adopted)
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council
on June 16, 2020, to allow a historic preservation item to proceed to public hearing using remote
technology. A suggested motion is provided on page 2 of this Agenda Item Summary.
Ordinance No. 079, 2020, authorizes Council, Planning and Zoning Board (P&Z), the Landmark
Preservation Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but
specifically excludes appeals from that authorization. The Ordinance does, however, allow Council,
by motion adopted by at least five Councilmembers, to authorize exceptions to that exclusion. To
authorize LPC hearings for the listed item using remote technology, Council must find that such a
hearing is pressing and requires prompt action and that remote technology will provide for sufficient
public participation and input. Staff is requesting Council consider allowing the following item to
proceed:
• Appeal of staff decision to deny a Certificate of Appropriateness for 126 S. Whitcomb Street to
demolish an historic garage to construct a new structure (appeal to LPC) on a designated Fort
Collins Landmark property.
Jim Bertolini, Historic Preservation Planner, stated this is a request to hear an appeal regarding a
staff decision for a project at 126 South Whitcomb Street, which is a landmarked property. He
outlined the staff decision to deny a certificate of appropriateness for a proposed demolition of the
garage, which is a designated historic structure. Staff is requesting an exception from Council to
hold the appeal hearing before the Landmark Preservation Commission remotely.
Tara Gaffney, property owner, discussed the reasons for the request to demolish the existing garage
and replace it with a new structure to provide a secure space for home gym equipment and a home
office.
Mayor Troxell asked if the Landmark Preservation Commission meeting will be run to allow in -
person participation. Bertolini replied the Commission members would be attending completely
remotely but a conference room would be available for in-person attendance unless permission to
hold the hearing completely remotely is granted.
City of Fort Collins Page 8
Councilmember Pignataro asked Ms. Gaffney if she is comfortable with a remote meeting. Ms.
Gaffney replied in the affirmative.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, that Council
find this matter to be pressing and requiring prompt action and that remote technology will provide
due process to hear it with sufficient public participation and input, and based upon such findings,
authorize a quasi-judicial hearing using remote technology by the Landmark Preservation
Commission for the appeal of a staff decision regarding the Fort Collins landmarked property at
126 South Whitcomb Street.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
15. Second Reading of Ordinance No. 112, 2020, Amending Section 7 -135 of the Code of the City
of Fort Collins to Modify and Update Requirements and Procedures for Campaigns in City
Elections. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on September 1, 2020 by a vote of 5 -2 (Nays: Summers,
Troxell), adopts amendments to the City’s election campaign Code provisions.
Councilmember Summers remarked he has been a candidate in seven elections at both the local
and state level and stated these items are solutions looking for a problem. LLCs represent the
majority of small business owners in Fort Collins and those entities should be considered
constituents. He noted the percentage of LLC donations is small and each is limited to $75. He
stated it is important to realize that donations are provided to candidates and are not to change their
views. He also noted there were no direct contributions to candidates from political committees
during the last election.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 112, 2020, on Second Reading.
Mayor Pro Tem Stephens stated LLC owners are constituents and allowing donations from both
the entity and owners is a work around of campaign donation limits.
Councilmember Pignataro thanked the Election Code Committee for its work and supported the
proposed changes.
Councilmember Cunniff stated he wants to have as much transparency and fairness in the financing
of Fort Collins elections as possible. He noted LLCs are not natural persons who vote in elections.
Councilmember Gutowsky expressed support for the changes stating they create a more even
playing field.
Mayor Troxell opposed the changes stating it is important to keep the messaging coming from
candidates. He stated he would support increasing the maximum donation amounts.
City of Fort Collins Page 9
RESULT: ORDINANCE NO. 112, 2020, ADOPTED ON SECOND READING [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff
NAYS: Summers, Troxell
16. Council Consideration of Whether to Authorize, by Motion, Remote Hearings for Appeals to be
Heard by the Building Review Board. (Adopted)
The purpose of this item is to consider two exceptions to Ordinance No. 079, 2020, 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 page 3 of this Agenda
Item Summary.
Ordinance No. 079, 2020, authorizes Council, the Planning and 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. To aut horize 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:
1. Appeal of a decision to deny a license to Chris Ufer of Space Solutions, LLC.
2. Appeal of a decision of the Building Official to deny a request to waive the exam requirements for
a license to Clark Vernon of Summit Builders, LLC.
Rich Anderson, Chief Building Official, stated this item seeks Council approval for holding remote
hearings for certain specific appeals to the Building Review Board related to contractor licenses.
He stated the items are tentatively scheduled for the September 24 Building Review Board meeting
and outlined the benefits of allowing remote hearings for these appeals. Both appellants are willing
to participate in remote appeal hearings and the Board can offer a hybrid hearing approach for
public participation.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, that the City
Council finds that the following quasi-judicial matters are pressing and require prompt action and
that virtual technology will provide due process to hear them through sufficient public participation
and input, and based upon such findings, authorize quasi-judicial hearings using remote
technology by the Building Review Board to proceed for the following items: appeal of the
decision to deny a license to Chris Ufer of Space Solutions, LLC, and appeal of a decision of the
Building Official to deny a request to waive the exam requirements for a license to Clark Vernon
of Summit Builders, LLC.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
City of Fort Collins Page 10
17. Public Hearing #1 on the 2021 Recommended Budget for the City of Fort Collins. (No Action
Taken)
This is the first public hearing on the City Manager’s 2021 Recommended Budget for the City of Fort
Collins. The purpose of this public hearing is to gather public input on the 2021 budget.
In an effort to receive further public input, a second public hearing is scheduled for City Council’s
Tuesday, October 6, 2020, regular meeting at 6:00 p.m. in Council Chambers (adhering to all social
distancing requirements) with the option for remote participation through the online Zoom meeting
platform. Both hearings were set by Council adoption of Resolution 2020 -081 at its September 1,
2020, meeting. The City Manager’s 2021 Recommended Budget can be reviewed at the City Clerk’s
Office by appointment only and online at fcgov.com/budget.
On May 19, 2020, Council adopted Ordinance No. 067, 2020, suspending the biennial budget term
requirement in Code Section 8-1 for fiscal years 2021 and 2022 in order to allow for a one-year budget
term for both years, and to return to the biennial budget term required by Code Section 8-1 beginning
with fiscal years 2023 and 2024.
City Manager Atteberry stated this is the first of two hearings specifically slated for discussion of
the 2021 budget. Additionally, there will be two readings of the budget ordinance during which
public participation is also allowed. He noted this is a single-year budget rather than the usual
two-year budget given the impact of COVID.
Adam Eggleston expressed concern the budget is too large given projected revenues and the
possibility of further economic decline.
Wesley Groves suggested the City should immediately invest in an interactive, user-friendly web
tool that can help increase community engagement in Council meetings, invest more in affordable
housing, renewable energy, safe injection sites, and housing and rehab systems for homeless
individuals. He suggested funding could come from divesting from non-renewable energy
agreements and police. He also suggested the City should invest in some type of radio show which
would serve to uplift marginalized, anonymous voices and to teach the community how to have
difficult, constructive conversations. He stated the structure of Council meetings is outdated and
slow.
Brian Farrins discussed the lack of co-responder funding in the budget, particularly given the
examination of how policing functions in the community. He also suggested police officers pause
their contractual pay raises given the current social unrest related to policing in the community and
the impact of COVID on other City employee salaries.
Ryan Brown stated it does not seem like the budget and Council represent the community's racial
diversity. He opposed cuts to the Social Sustainability budget. He agreed that raises for police is
both symbolically and practically inappropriate.
Cory Wong stated many citizens have called for reinvesting police funding into community
services. She questioned specific budget line items and expressed concern that certain language
will allow interactions with homeless individuals in a way that implicitly criminalizes
homelessness. She stated Community and Special Services funds should be removed from the
police budget and placed into Social Sustainability to better serve the community by producing
more equitable outcomes for the most marginalized community members.
City of Fort Collins Page 11
MJ (no last name given) stated he would like Council to address how priorities were developed
and how they align with the City's commitment to equity, diversity, and inclusion. The budget
language is elevated and lacks clarity and transparency.
Chrissy Chard stated the entire budget process feels inaccessible and supported the idea of creating
a website that enables community engagement. She thanked Councilmember Gorgol for hosting
budget listening sessions but proposed a delay in the approval process until true community
engagement has occurred. She stated the budget does not truly represent equity and diversity and
questioned who decides how equity is tied to the budget outcomes. She further opposed cuts to
the Social Sustainability budget.
Johanna (no last name given) opposed the lack of time provided for citizens to give feedback on
the budget. She stated the language in the budget is not transparent or clear.
Leena (no last name given) stated the budget is quite inaccessible for citizens given its size. She
opposed the funding cuts for the Neighborhood Livability and Social Health category. She
suggested the budget item dedicated to graffiti patrol and abatement would be better utilized on
anti-racist education.
Gerry Horak discussed the conservation trust fund and its use for maintenance when it was meant
to be for capital improvements for the trails and buying open space. He stated maintenance should
be at a lower level if there is lower tax revenue.
Mayor Troxell acknowledged the budget is a long document and suggested examining it not from
a departmental standpoint but from an outcome standpoint. He further offered to meet with any
citizens for as long as necessary to gain community input.
Councilmember Gorgol requested input on the Social Sustainability budget. City Manager
Atteberry replied the 43% cut mentioned by several citizens is related to Community Development
Block Grant allocations in 2020 versus 2021. Additionally, changes to the police budget were
partially due to moving the airport from a General Fund payment to a lease payment for the training
facility. Travis Storin, Interim Chief Financial Officer, stated the 43% Social Sustainability budget
cut is accurate and due to the CDBG program and associated CARES infusion for 2020. If
adjusting for those dollars, the Social Sustainability function would have a modest increase going
from $2.9 million to $3.2 million. Regarding the budget for the Office of the Police Chief,
$400,000 of the roughly $1 million increase is the lease payment to the FAA associated with the
airport for the police training facility. The remaining budget increase is a reclassification of
overtime charges from other departments such as patrol into the Office of the Chief.
Councilmember Gorgol asked about the pay increase for Fraternal Order of Police officers. City
Manager Atteberry replied that is a contractual relationship and he is not aware of the ramifications
of not honoring that contract.
Councilmember Cunniff stated he would like to see some alternatives developed for park funding
regarding the conservation trust dollars.
Councilmember Pignataro thanked the citizens who spoke and noted the Community Impact
Committee has been tasked with looking into the Police Services budget. She questioned the plan
for revenues being either lower or higher than expected over the next year. City Manager Atteberry
noted the Council Finance Committee has discussed a contingency methodology in the event of
further declining revenues and the Committee will further discuss that topic in October. Should
City of Fort Collins Page 12
revenues come in higher than expected, a mid-year correction could occur, or dollars be available
for the 2022 budget process.
Mayor Pro Tem Stephens commended the idea of a web tool for the future as she would like a way
to make the budget more accessible. She acknowledged the shortened budget process noting it
was one of the unfortunate impacts of COVID. She thanked Storin for clarifying the Social
Sustainability budget numbers and noted there still may be additional federal dollars coming into
the community. She commented on the importance of co-responder funding and on the importance
of ensuring the language in the budget is understandable.
City Manager Atteberry commented on the importance of creating an understandable budget and
stated more community engagement is always a positive thing and makes for a better budget. He
outlined the remaining opportunities for public input.
Councilmember Gorgol outlined her upcoming budget listening sessions.
Mayor Pro Tem Stephens thanked staff involved with formation of the budget and noted it will be
complex by its nature.
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
18. Resolution 2020-087 Making an Appointment to the Planning and Zoning Board. (Adopted)
The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Board
that exists due to the resignation of a previous member.
Rory Heath stated selecting the applicant such as the one recommended who has 33 years of
professional experience in the field sets a bad example for citizens who may want to apply for
these types of citizen-level positions. He stated Boards should not be a place for retired City
employees to directly apply their bias into the development process and opposed the recommended
appointment.
Councilmember Cunniff stated there were 36 applicants for the single Planning and Zoning Board
vacancy and he and the Mayor ultimately ended up interviewing 12 individuals, including Ted
Shepard who is recommended for the position. He stated interviewing teams strive to recommend
candidates they believe could achieve a consensus of support from Council. He stated he had
initially been concerned about a former City employee serving on a Board, however, Mr. Shepard
has come with several ideas for changes to Planning and Zoning Board policies and practices that
would increase transparency and attention to conflict of interest provisions that would lead to better
independence of the Board from the City Attorney's Office. He noted there are two back -up
choices should Council disagree.
Mayor Troxell commended the process and the qualifications of the interviewed applicants. He
commended Mr. Shepard's ideas and experience.
Councilmember Summers expressed some concern that appointing a former staff member could
raise some questions; however, Mr. Shepard's experience could be indispensable. He asked when
Mr. Shepard retired to which City Manager Atteberry replied in early 2019.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Resolution 2020-087, appointing Ted Shepard to the Planning and Zoning Board with a term
expiring December 31, 2021.
City of Fort Collins Page 13
Councilmember Gutowsky asked if there is any information regarding the diversity of the Board.
Councilmember Cunniff replied there is currently one woman and five men with this single
vacancy.
Mayor Pro Tem Stephens noted this appointment is only for a little over a year and there will be
an opportunity for additional diversity with future appointments. She stated the 'Reimagining
Boards and Commissions' process should include seeking out people with different backgrounds
and experience.
Councilmember Pignataro asked if the back-up choices of Kathryn Dubiel and Jerry Gavaldon
would automatically be placed on the Board without going through another interview process
should another vacancy occur. Mayor Troxell replied in the affirmative.
RESULT: RESOLUTION 2020-087, ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 9:22 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk