HomeMy WebLinkAboutMINUTES-03/21/2023-RegularMarch 21,2023
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
PROCLAMATIONS &PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1.Proclaiming March 2023 as Women’s History Month.
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m.in the City Council Chambers at 300
Laporte Avenue,Fort Collins,Colorado,with hybrid participation available via the City’s Zoom
platform.
C)PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D)ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
E)CITY MANAGER’S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
Tonight’s agenda does include changes to the published agenda,including a recommendation
that items 2-5 be removed from the consent calendar to allow for a motion to place those items on
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second reading on the April 4 Council agenda to ensure proper publication of notice.There was
an issue with required publications after the March 7 meeting that impacted these four ordinances
that were adopted on first reading.She also noted there were eight ordinances adopted on second
reading at the March 7 meeting that will need to be reenacted starting with first reading at the April
4 meeting due to the same publication issue.
•The remainder of the consent calendar,including item 1 and items 6-16,is recommended for
adoption.
•Highlighting the three discussion items for consideration:
a.The first discussion item is an appropriation to purchase the vacant land at the former Hughes
Stadium Site.This item tonight addresses only the purchase of the land and does not make
any determinations regarding use;
b.The next discussion item will be consideration of the adoption of the Vision Zero Plan;and
c.The final discussion item planned tonight will be a set of three ordinances related to Election
Code Updates as part of the voter approved transition from April to November municipal
elections.
•Under other business,Council will be considering whether to enter into an executive session in
order to discuss legal questions related to City’s water supply and potential litigation regarding the
Northern Integrated Supply Project or the Halligan Reservoir Project.
F)COMMUNITY REPORTS
None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Jorge Garcia,Director of Housing Security of Associated Students of Colorado State University
(ASCSU),spoke to invite and encourage Councilmembers,as well as the full community,to attend a
barbecue dinner in Washington Park prior the April 4 Council meeting.
Patricia Babbitt,Fort Collins resident,spoke about maintaining the former Hughes Stadium site as an
open space and also suggested looking at converting the almost full Larimer County Landfill into a
mountain biking park.She shared the example of the Red Rock Canyon open space as a repurposed
landfill in the Colorado Springs area,along with similar examples outside of Buena Vista and Dillon.
Fred Schaulin,Fort Collins resident,spoke about his experience as a general aviation pilot and voiced
his displeasure with the Northern Colorado Airport Commission’s decision to decommission hangars
without awareness of the problems this is creating for aviators.He requested more time,suggesting
one year,to give tenants of hangars more time to make alternative plans.
Adam Eggleston,Fort Collins resident,spoke on two housing related items,sharing concerns with
moving forward with rental licensure,asking if staff has developed a stopping point if the program
proves it is not cost effective.He also requested a quantifiable measure for the success of the
program.Relating to occupancy limits,he noted there may be changes made at the state level to using
a definition of family in making such limits,and encouraged the City to move forward ahead of any
action by the state to design shifts that make sense for the community before the City’s hand is forced.
Oliver Richardson,Fort Collins resident,spoke in support of the NISP project,noting his step daughter
helped design it and he knows it is a good project.He spoke to the amount of our water that goes out
of state because there is no place to put it and encouraged the City to approve the pipeline needed
for the project,speaking against any further roadblocks such as 1041 regulations that would hinder
the project.
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Public comment concluded at 6:18 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Mayor Arndt noted the dinner hosted by ASCSU on April 4 will be at 4:30 p.m.She shared the Airport
Commission has already taken action to postpone the closure of the hangars and is proceeding with
an engineering report to determine the remaining life of the hangars.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the January 17,February 7,February 21 and
March 7,2023 Regular Council Meetings.
The purpose of this item is to approve the minutes of the January 17,February 7,February 21
and March 7,2023 regular Council meetings.
Approved.
2.Second Reading of Ordinance No.032,2023,Authorizing the Release of Restrictive
Covenants on Property at 1947 Phia Way Developed by Fort Collins Habitat for Humanity.
This Ordinance,unanimously adopted on First Reading on March 7,2023,obtains authorization
from Council to release the Agreement of Restrictive Covenants Affecting Real Property on the
single-family home located at 1947 Phia Way,which was developed by Fort Collins Habitat for
Humanity.The development of this home was initially assisted with funding from the Department
of Housing and Urban Development (HUD).At the time of completion,the project no longer met
the HUD requirements,triggering a HUD mandated repayment of the funds and cancellation of
the project.
Postponed to April 4,2023.
3.Second Reading of Ordinance No.033,2023,Extending the Moratorium on Certain
Activities of State Interest Designated in Ordinance No.122,2021.
This Ordinance,unanimously adopted on First Reading on March 7,2023,extends the length of
a moratorium previously imposed through Ordinance No.122,2021,and further extended with
Ordinance No.139,2022,on two designated activities of state interest.The proposed Ordinance
extends the length of the existing moratorium for three months beyond March 31,2022,or until
City Council adopts guidelines for the administration of the two designated activities.Extending
the moratorium allows staff to reengage with stakeholders and develop policy decision points for
Council’s consideration along with first reading of the version-three 1041 regulations,May 2,
2023.
Postponed to Apr11 4,2023.
4.Second Reading of Ordinance No.034,2023,Making Supplemental Appropriations from
the Colorado Water Conservation Board Grant and Water Fund Reserves and Authorizing
Transfers of Appropriations for the Water Efficiency Plan Update.
This Ordinance,unanimously adopted on First Reading on March 7,2023,updates the City’s
Water Efficiency Plan by end of 2024 by:
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•Appropriating $160,000 of unanticipated grant revenue,awarded by the Colorado Water
Conservation Board,to the Water Fund
•Appropriating $65,795 from the Water Fund reserves
•Utilizing matching funds in the amount of $126,705 from existing 2023 appropriations into this
new grant project
Postponed to April 4,2023.
5.Second Reading of Ordinance No.035,2023,Authorizing the City Manager to Execute
Agreements,Conveyances,and Other Documents to Incorporate the Spring Cañon Waste
Way Ditch.
This Ordinance,unanimously adopted on First Reading on March 7,2023,approves the City’s
conveyance of its 2/l2ths fractional ownership of the Spring Cañon Waste Way Ditch (Ditch)to a
newly formed and incorporated Spring Cañon Waste way Ditch Company (Ditch Company),and
thereby receive 2Jl2ths share of the Ditch Company.This item would also authorize the City
Manager to execute related agreements needed to form the Ditch Company.This administrative
restructuring of the Ditch and water right ownership will allow for a variety of efficiencies including
easier shareholder transfers,providing a single point of contact and improving coordination of
Ditch maintenance.
Postponed to April 4,2023.
6.First Reading of Ordinance No.036,2023 Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of
Vendor Services to Support a Major Upgrade to the Utilities Billing System.
The purpose of this item is to approve an appropriation from reserves in the Light &Power,Water,
Waste water and Stormwater enterprise funds.The use of these reserves is necessary to
implement a modern Utility Customer Information System —Customer Self Service Portal (CIS
CX)Solution.These funds are being requested to maintain project momentum as the City
completes the selection of a solution partner and prepares to contract for professional services.
This proposed appropriation will allow the City to secure CIS-CX project management and
solution quality assurance services through go-live,provide legal review of professional services
contracts,and provide funding to hire contractual staff throughout the implementation.
The total amount being recommended for appropriation is as follows:
Implementation Project Management and Quality Assurance $1,500,000
Contract Review and Counsel $100,000
Contractual Implementation Staffing $2,650,000
Total $4,250,000
Once the full solution scope with the City’s preferred vendor is negotiated,another appropriation
will be requested for the direct solution costs including licensing and hardware.
Adopted on First Reading.
7.First Reading of Ordinance No.037,2023,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities,Tourism Programming,and
Convention and Visitor Program Services.
The purpose of this item is to appropriate $598,668 of which $261,527 is proposed for Cultural
Development and Programming Activities (Foil Fund),$169,624 is proposed for Tourism
Programming (Fort Fund),and $167,517 is proposed for Convention and Visitors Bureau from a
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combination of 2022 Lodging Tax collections and Prior Year Reserves (unspent appropriations)
in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities.Anticipated revenue is projected through each Budgeting for
Outcomes (BFO)cycle and then adjusted annually as needed based on final actual collections.
For 2022,total Lodging Tax revenues collected came in $239,310 above projected collections.
Adopted on First Reading.
8.First Reading of Ordinance No.038,2023,Authorizing the City Manager to Accept a Grant
Award and Comply with the Terms of the Grant and Making Supplemental Appropriations
and Authorizing Transfers for the Xeriscape Incentive Program.
The purpose of this item is to support businesses,homeowner associations (“HOAs”)and other
commercial properties pursuing costly landscape projects that reduce water use long-term
through the Xeriscape Incentive Program by utilizing (1)$75,000 in grant funds from the Bureau
of Reclamation and (2)$75,000 in matching funds from existing 2023 appropriations.This item
would also authorize the City Manager or their designee to accept the grant award and comply
with the terms of the grant application and award.
Adopted on First Reading.
9.Items Relating to the Timberline Mulberry Lincoln Intersection Project.
A.Resolution 2023-025 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the State of Colorado Department of Transportation for the Timberline
Mulberry Lincoln Intersection Project.
B.First Reading of Ordinance No.039,2023,Making SupplementalAppropriations,Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for the Timberline Mulberry
Lincoln Intersection Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend Colorado Department of
Transportation (CDOT)funds and to appropriate development payment-in-lieu funds for the
Timberline Mulberry Lincoln Intersection Project (the Project).The funds will be used for design,
right-of-way acquisition,and construction of improvements at the intersection of Timberline Road,
Mulberry Street and Lincoln Avenue.If approved,the item will:(1)authorize the Mayor to execute
an Intergovernmental Agreement for the Project with CDOT;(2)appropriate $1,523,915 of
Highway Safety Improvement Program (HSIP)grant funds for the Project;(3)appropriate $23,651
from the Capital Funds Reserve received in 2020 as a development payment-in-lieu contributed
to this Project by an adjacent development;and (4)appropriate $237 (1°c of the development
payment-in-lieu amount)to the Art in Public Places Program.
Adopted Resolution and Ordinance on First Reading.
10.First Reading of Ordinance No.040,2023,Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Childcare Space Modifications at the
Northside Aztlan Community Center and Related Art in Public Places.
The purpose of this item is to appropriate $260,000 from the Recreation Reserve to close the
funding gap on the Childcare Space Modifications at Non’hside Aztlan Community Center and
transfer l0o of the applicable construction costs to Art in Public Places.
Adopted on First Reading.
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11.First Reading of Ordinance No.041,2023,Reappropriating Funds Previously Appropriated
in 2022 But Not Expended and Not Encumbered in 2022.
The purpose of this item is to reappropriate monies in 2023 that were previously authorized by
City Council for expenditure in 2022 for various purposes.The authorized expenditures were not
spent or could not be encumbered in 2022 because:
•There was not sufficient time to complete bidding in 2022 and therefore,there was no known
vendor or binding contract as required to expend or encumber the monies;or
•The project for which the dollars were originally appropriated by Council could not be completed
during 2022 and reappropriation of those dollars is necessary for completion of the project in
2023.
Additionally,there may have been sufficient unspent dollars previously appropriated in 2022 to
carry on programs,services,and facility improvements in 2023 for those specific purposes.
in the above circumstances,the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2022 and reflect no change fri Council policies.
Adopted on First Reading.
12.Resolution 2023-026 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Uphold the Planning and Zoning Commission Approval with Conditions of
the Castle Ridge Group Home.
The purpose of this Hem is to make findings of fact and conclusions regarding City Council’s
decision at the March 7,2023,appeal hearing to uphold the Planning &Zoning Commission
decision to conditionally approve the Castle Ridge Group Home Final Development Plan.
Adopted.
13.Resolution 2023-027 Expressing the Official Intent of the City to be Reimbursed for
Expenditures Relating to the Construction of Improvements to the City’s Broadband
System Through the Issuance of Bonds.
The purpose of this item is to declare the City’s official intent to reimburse itself for the capital
costs it has incurred or will incur for Connexion with the proceeds it will receive from the future
issuance of bonds to further fund Corinexion capital costs.
Adopted.
14.Resolution 2023-028 Approving Participation in the Settlements with Five Additional
Opioid Defendants and Related Waivers of Claim.
The purpose of this Hem is to seek approval of a Resolution to allow the City to participate in the
Colorado Opioids Settlement by granting approval to sign additional waivers of claims for opioid
rela ted damages.
Adopted.
15.Resolution 2023-029 Ratifying the Reappointment of Mall Schild and the Appointment of
Hilary Herrmann and Joshua Fudge to the Poudre River Library District Board of Trustees,
and Designating Evelyn Peterson as an Alternate.
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The purpose of this item is to fill vacancies on the Poudre River Library District Board of
Trustees.
Adopted.
16.Resolution 2023-030 Making Appointments to the Historic Preservation Commission.
The purpose of this item is to fill vacancies on the Historic Preservation Commission.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to approve the
recommended actions on items 1 and 6-16 on the Consent Calendar and to postpone the
second readings of items 2-5 to the April 4 Council meeting.
The motion carried 7-0.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Julie Pignataro congratulated those who were appointed to the Library Board,sharing
her confidence they will do excellent work.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Spoke about the Natural Area awards presented last week.She shared a few numbers about the
volunteers who work in Natural Areas.A total of 759 volunteers help in this area,292 are long
term volunteers.The total volunteer hours dedicated to Natural Areas last year was 11,463,which
equates to $365,000 in savings doing the work of the equivalent of 5.5 full time employees.
Regarding the use of the Hughes Stadium site,she referenced the saying “You don’t know where
you’re going if you don’t know where you’ve been,”and there seems to be a shortage of history in
this instance.The initial discussions of the site considered placement of 600 homes on the site,
which then moved into an initiative process in the midst of the pandemic to put this issue on the
ballot with the purpose of hoping that the Hughes property would remain undisturbed,which was
supported by 70%of voters.
Councilmember Shirley Peel
•Attended the CASA luncheon today for the Court Appointed Special Advocate program.
•Noted it is National Agriculture Week and our agriculture industry puts $47 billion into our
economy.
Mayor Jeni Arndt
•Noted next week the Council will be in recess to attend the National League of Cities conference
and will not be holding its regular work session.
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•The Cities Summit of the America,modeled on the national Summit of the Americas,will be held
in Denver on April 16-28.The Secretary of State will be in attendance as well as Ambassador Nina
Hachigian,named as a special ambassador to this work by the Biden Administration and
previously served as a Deputy Mayor of Los Angeles.She also noted Fort Collins has been invited
to participate in a round table led by the Department of Energy as part of the summit.
•Received an email this morning from the Global Parliament of Mayors providing a one-year
honorary membership.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
17.First Reading of Ordinance No.042,2023,Making Supplemental Appropriations from
Lease Financing Proceeds and Appropriating Prior Year Reserves for the Purchase of
Vacant Land at the Former Hughes Stadium Site.
The purpose of this item is to consider an appropriation to purchase the land of the former Hughes
Stadium.
Blame Dunn,Accounting Director,presented as set forth in the slide deck in the agenda packet
for this item.
PUBLIC COMMENT
Joe Rowan,Fort Collins resident,spoke about the future costs for this site,and the importance of
considering what we are willing to give up in order to get what we want this site to be.
COUNCIL DISCUSSION
Mayor Pro Tem Francis asked about future costs.In addition to other costs,it cost the City
approximately $130,000 to take out the $8.5M.Mayor Arndt requested follow up from staff on the
total cost over the years plus interest in a memo before second reading.
Councilmember Pignataro requested Dunn provide an explanation for what a COP is.Dunn
explained a Certificate of Participation (COP)is using an asset to borrow against,like a mortgage
on a home.
Mayor Pro Tem Francis stated her desire to offer an amendment to the ordinance as was
presented in the read before packet.
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to adopt on first
reading Ordinance No.042,2023.
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to amend the
motion to add a new Section 5,to read as follows:‘That the City Council hereby directs the
City Manager to advise Council regarding potential adjustment to the sources of funds
used for the purchase of the former Hughes Stadium Site based on the planned use of the
property,promptly after completion of a plan for the use of the property.’
The amendment to the motion carried 7-0.
The motion to adopt on first reading the ordinance as amended carried 7-0.
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18.First Reading of Ordinance No.043,2023,Adopting the Vision Zero Action Plan as a
Component of City Plan.
The purpose of this item is to consider adoption of the Vision Zero Action Plan.
Tyler Stamey,City Traffic Engineer,and Rachel Ruhlen,Transportation Planner,presented as
set forth in the slide deck in the agenda packet for this item.
PUBLIC COMMENT
There was no public comment.
COUNCIL DISCUSSION
Councilmember Pignataro asked City Manager DiMartino what the plan is for budget support for
implementation of this plan.DiMartino noted Council can expect to see budget offers coming
forward in the future based on this plan that will be part of the full budget process for consideration
by budget teams,the public and ultimately Council.Related budget offers will clearly indicate their
connection to this plan as well as identified City priorities.
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to adopt on first
reading Ordinance No.043,2023.
The motion carried 7-0.
19.Items Related to Election Code Changes.
A.First Reading of Ordinance No.044,2023,Amending Chapter 7 of the Code of the City of Fort
Collins Relating to the Conduct of the City’s Regular Municipal Election.
B.First Reading of Ordinance No.045,2023,Amending Chapter 7 of the Code of the City of Fort
Collins Relating to Candidacy in a Municipal Election.
C.First Reading of Ordinance No.046,2023,Amending Chapter 7 of the Code of the City of Fort
Collins Relating to Financial Disclosure Requirements.
The purpose of this item is to consider adopting changes to City Code required by the approval
of Fort Collins voters to move the City’s regular municipal election from April to November in odd-
numbered years.
Specific changes proposed include:clarifying election administration provisions applying to City
run elections and the applicability of State law to coordinated elections,establishing that regular
municipal elections will be coordinated with the County unless the Council provides otheiwise,
adapting deadlines for filing for office to align with the requirements of the Uniform Election Code,
and updating the timing for filing financial disclosures to align with the timing of regular municipal
elections.
City Clerk Anissa Hollingshead presented as set forth in the slide deck in the agenda packet for
this item.
PUBLIC COMMENT
There was no public comment.
COUNCIL DISCUSSION
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Mayor Pro Tern Francis asked if the default with these changes would be for coordinated elections.
Clerk Hollingshead confirmed that is how the language is written,with the option retained for
Council to designate a specific regular municipal election not be coordinated and would need to
do so by March of the year of the election.
In response to additional questions regarding when candidate information will be updated,Clerk
Hollingshead noted once these ordinances are adopted,the Clerk team will be able to make those
updates.
There was discussion around seeking a solution to paying for postage for returned ballots.Clerk
Hollingshead clarified that the Uniform Election Code does not allow for postage to be paid on
returned ballots,which prohibits doing so in coordinated elections.The Election Code Committee
considered this issue and recommended still moving forward with coordinating elections.It was
noted this is an issue the City could lobby around legislatively.There were also suggestions
regarding working with the County to increase the number of drop boxes as another option for
expanding access for voters in returning ballots without additional costs.
Mayor Pro Tern Francis moved,seconded by Coundilrnernber Canonico,to adopt on first
reading Ordinance No.044,2023.
The motion carded 7-0.
Mayor Pro Tern Francis moved,seconded by Councilrnernber Peel,to adopt on first reading
Ordinance No.045,2023.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Coundilmember Pignataro,to adopt on first
reading Ordinance No.046,2023.
The motion carded 7-0.
Q)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 initia ted by staff)
None.
B.Possible Consideration of a Motion to Enter into an Executive Session to Discuss Water
Issues.
Mayor Pro Tem Francis moved,seconded by Councilmember Peel,that the City Council go
into executive session pursuant to:
City Charter Article Roman Numeral Two,Section 11(2),
City Code Section 2-31(a)(2)and
Colorado Revised Statutes Section 24-6-402 (4)(b),
for the purpose of discussing with the City’s attorneys and appropriate management
staff the following items:
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1.Specific legal questions related to potential litigation regarding the Northern
Integrated Supply Project or the Kalligan Reservoir Project;and
2.The manner in which the particular policies,practices or regulations of the City
related to the City’s water supply or the Halligan Reservoir Project may be affected
by existing or proposed provisions of federal,state or local law.
The motion carried 7-0.
At 7:06 p.m.the Council recessed to executive session.
The executive session began at 7:15 p.m.with a recording made.Present were:
•Mayor Jeni Arndt
•Mayor Pro Tern Emily Francis
•Councilmember Susan Gutowsky
•Councilmember Julie Pignataro
•Councilmember Canonico
•Councilmember Shirley Peel
•Councilmember Kelly Ohlson
•City Manager Kelly DiMartino
•City Attorney Carrie Daggett
•City Clerk Anissa Hollingshead
•Utilities Executive Director Kendall Minor
•Water Director Jason Graham
•Natural Areas Director Katie Donahue
•Senior Assistant City Attorney Brad Yatabe
•Assistant City Attorney Eric Potyondy
Following the determination of the City Attorney that the planned discussion constituted
consideration of legal advice,the recorder was stopped at 7:16 p.m.
The recorder was turned back on at 9:09 p.m.All the same attendees were present at the
conclusion of the executive session.
R)ADJOURNMENT
There being no further business before the Council,the meeting was adjourned at 9:10 p.m.
I
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