Loading...
HomeMy WebLinkAboutMemo - Read Before Packet - 4/20/2021 - Memorandum From Elizabeth Blythe Re: Agenda Item 28 - Planning And Zoning Board Appointment City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: April 19, 2021 TO: Mayor and City Councilmembers THROUGH: Darin Atteberry, City Manager Kyle Stannert, Deputy City Manager Delynn Coldiron, City Clerk FROM: Elizabeth Blythe, Sr. Public Engagement Specialist RE: Regarding Agenda Item #28 on the April 20, 2021 City Council Meeting, pertaining to the Planning and Zoning Board Appointment Background information: On September 2nd and 3rd, Mayor Troxell and Mayor Pro Tem Cunniff interviewed 12 candidates for the Planning and Zoning Board to fill a vacancy left by the resignation of Michael Hobbs. On September 3rd staff received the Planning and Zoning Board recommendation form completed by Mayor Troxell and Mayor Pro Tem Cunniff, listing both Kathryn Dubiel and Jerry Gavaldon as back up choices. During the September 15, 2020, City Council Meeting, Mayor Pro Tem Cunniff stated that Kathryn Dubiel was the first back up choice and Jerry Gavaldon was the second back up choice. This statement can be heard in the video record at the time stamp of 02:55:40. In December, Mayor Troxell and Mayor Pro Tem Cunniff interviewed Michelle Haefele and David Katz for the Planning and Zoning Board due to their first terms expiring on December 31s, 2020. On December 8, 2020, staff received the appointment recommendation form for the Planning and Zoning Board from Mayor Troxell and Mayor Pro Tem Cunniff, to reappoint both Michelle Haefele and David Katz for second terms. The recommendation maintained both Kathryn Dubiel and Jerry Gavaldon as back up choices, but in reverse order from what was received on September 3. City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk In March, Planning and Zoning Board member William Whitely, resigned creating a new vacancy. Mayor Troxell and Mayor Pro Tem Cunniff decided to recommend Jerry Gavaldon to fill that vacancy. This Recommendation is Item #28 on the April 20, 2021 meeting agenda. Since the publication of agenda materials for the April 20, 2021 City Council meeting, several public comments have been sent to cityleaders@fcgov.com related to this item. Those comments are attached. ATTACHMENTS: 1) September 3rd, 2020 Planning and Zoning Board Recommendation Form 2) December 2nd , 2020 Planning and Zoning Board Recommendation Form 3) Public Comments received via email at cityleaders@fcgov.com RECOMMENDATION FOR BOARD APPOINTMENTS DATE: September 3, 2020 BOARD Planning & Zoning Board INTERVIEW TEAM Ross Cunniff and Wade Troxell NAME EXPIRATION DATE Ted Shepard December 31, 2021 NAME (in order of preference) BACKUP CHOICES FOR FUTURE VACANCIES Kathryn Dubiel Jerry Gavaldon NOTES By providing backup choices at this time, you can avoid the need to readvertise and interview for mid-year vacancies that occur due to resignations. RECOMMENDATION FOR BOARD APPOINTMENTS DATE: December 2, 2020 BOARD Planning and Zoning Board INTERVIEW TEAM Ross Cunniff and Wade Troxell NAME EXPIRATION DATE Michelle Haefele December 31, 2024 David Katz December 31, 2024 NAME (in order of preference) BACKUP CHOICES FOR FUTURE VACANCIES Jerry Gavaldon Kathryn Dubiel NOTES By providing backup choices at this time, you can avoid the need to re-advertise and interview for mid-year vacancies that occur due to resignations. From: ANN <arh4@comcast.net> Sent: Sunday, April 18, 2021 12:23 AM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] The Appointment Process using a CurrentWaiting List to P&Z April 17, 2021 I would like to emphasize that in the last appointment process for the Planning and Zoning Commission in the summer of 2020, in which Ted Shepherd was appointed to the P&Z, two other finalists were also announced, in 1st and 2nd position, to fill the next vacancy occurring on the Commission. Even though this announcement was made, there was no written record made at the Council meeting on September 15, 2020. I believe that Kathryn Dubiel was the applicant named as the 1st alternate according to video record, although the lack of a written record may have caused some confusion. Perhaps a more fair, transparent process should be the goal of any Community competition if a waiting list is prepared! I would like to point out several reasons why Ms. Dubiel would be the best choice based on an analysis of the current members of P& Z. There are very few females on P&Z, actually only one, and no representatives from Council Districts 2,3, and 4. Ms Dubiel would help fill the void of women and also would add a representative from District 2. Another noticeable cluster is the number of Commission members who were formerly associated with development or real estate professions (4). The P&Z should be representative of the City population as a whole! If a wide representation of backgrounds can be selected for this Commission, then that should be done! Ms. Dubiel would be a good representative not formerly involved in either development or real estate. The last P&Z member selected was a male, from a District already represented (#6), and was retired from a development-oriented position. Consider selecting Ms. Dubiel, an applicant for this position who has involved herself in many aspects of this City, and who represents segments of the City different from those already a part of P&Z. It would be most valuable if the Commission were composed of a variety of voices! Respectfully, Ann R. Hunt Sent from Xfinity Connect App From: Barbara Denny <barbarawaves@gmail.com> Date: April 19, 2021 at 6:34:14 PM MDT To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] P&Z Appointment I want to ask City Council to appoint Kathryn Dubiel to the P&Z Board. I am a staunch advocate for diversity in our government and I think P&Z needs another qualified female member. She also lives in District 2, which is not represented on the Board. She is community focused and her background is not in Development. That provides a needed balance for community involvement. She is well versed in land use issues, has participated consistently in P&Z processes for many years. She will be a qualified asset, facilitating solutions, working together with our Citizens, as Fort Collins continues to grow. We need her on the Board. Please appoint Kathryn Dubiel. Thank you. Barbara Denny 80521 From: Colleen Hoffman <cohoff@comcast.net> Sent: Sunday, April 18, 2021 2:14 PM To: 'City Clerk Department' <CityClerkDepartmen@fcgov.com>; City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Letter to City Council by a citizen regarding P&Z Board appointments To City Council and City Clerk Please see attached letter and provide to each City Council member in their packet for Council meeting on April 20, 2021 this week. Please confirm receipt. Thank you! Colleen Hoffman1804 Wallenberg Dr Fort Collins CO 80526 970-484-8723cohoff@comcast.net April 16, 2021 To: City Leaders From: Colleen Hoffman RE: Transparent processes for Appointments to P&Z and current waiting list It has come to my attention that the process for appointments to the Planning and Zoning Commission lacks transparency, clarity, as well as Council District wide and Profession wide representation, etc. The process appointing Ted Shepard that occurred in late summer of 2020 is a prime example. Public notice of the P&Z opening and a short window of time in order to apply was announced. Thirty- six people applied and the group narrowed to 12 for interviews finally announcing a first choice leaving 2 qualified candidates in 1st and 2nd positions in place for the next position available on P&Z verbally acknowledged at the Council meeting of September 15, 2020. What was lacking was written confirmation and public announcement of these confirmed runner up positions. It makes sense to have two qualified people in actual waiting slots for ease of process. Or, the process must be the same conducted each time for the next vacancy to insure a fair and equitable opportunity for the Community to respond. Too often, only representation from the real estate/development community is sought to fill openings and currently that community is over-represented on the P&Z Commission. City Leaders need to analyze and explore these criteria to insure balanced views, representation, and equity: 1. Gender, profession, council district, and ethnic diversity 2. Clarification of the vetting process and written/public acknowledgement of runner up positions 3. For each vacancy, utilize a fair, transparent, written, city wide process in seeking applicants For the current vacancy, there is ample evidence that a qualified candidate for the next vacancy was announced at Council on 9/15/20 by Council Member Ross Cunniff. Kathryn Dubiel would enhance and restore more diversity to P&Z and I urge you to uphold her acknowledged position in waiting for the next opening on the P&Z Commission. From: Guy Turenne <spilunkr@aol.com> Sent: Monday, April 19, 2021 1:29 PM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Planning and Zoning Board Vacancy April 19, 2021 City Leaders, I would like to take this opportunity to express my opinion that Katheryn Dubiel be appointed to the current vacancy on the Planning and Zoning Board over Jerry Gavaldon. The current board is overwhelmingly represented by people whose livelihood is/has been associated with development. One could infer from this that there is a certain tendency to a particular viewpoint regarding issues before the Board. That position does not need further representation by another realtor. In addition, there is only one current member who is not male. The make up of the board should more accurately represent the community, which would likely lead to more diverse opinions being expressed on issues before the board. Finally, I also believe that different parts of the City should be represented on the board. I reside in District 3 and there is no current Board member who resides in District 3. A person who resides in a particular District is likely to have a keener grasp of the effect issues related to development proposals would have in their District. Mr. Gavaldon does not address any of the issues I have raised above. In my opinion he would merely be more of the same in regard to the current Planning and Zoning Board. Ms. Dubiel on the other hand addresses all three issues. While not a former Board member, she lives in District 3 and has a 10 year history of interactions with Planning and Zoning and would bring a more community based viewpoint to the Board. Guy Turenne District 3 resident From: Martha Zook <mzook.colorado@gmail.com> Sent: Monday, April 19, 2021 2:30 PM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Appointing of Kathryn Dubiel Good afternoon City Leaders: I support the appointment of Kathryn Dubiel to the planning and zoning board because she would bring the needed diversity to the board in offering a balance of professions, gender diversity and assist in filling physical representation of all districts in our city. Her strong background qualifications and knowledge will allow her to demonstrate her qualifications for the P&Z Board. Sincerely Martha Zook From: Nick Frey <nfrey09@gmail.com> Date: April 19, 2021 at 6:01:54 PM MDT To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Kathryn Dubiel - P&Z Board Hello to our new city leaders—I am hoping you will select Kathryn Dubiel for the open P&Z Board seat. I was aware (via Mr. Cunniff on 9/15/2020) that she was the first backup choice. Please see this video: https://www.youtube.com/watch? v=EVZyol-Tyzs&t=435s I am hoping the Council will see how critical it is to have experts on the P&Z Board who understand complex zoning issues, especially the coming challenge from CSU invoking its SPAR process. Mr. Gavaldon has publicly spread incorrect information about CSU’s planned use of the SPAR process and muddied the waters of its legality. He is a realtor who is strongly incentivized to see more development, and not necessarily weigh the needs of all residents equally. Please continue to follow the previous council’s direction and select Ms. Dubiel as the primary backup candidate for this critical opening. Thank you for your time. // Nick Frey \\ From: Renee Walkup <walkup@salespeak.com> Sent: Sunday, April 18, 2021 2:46 PM To: Wade Troxell <WTroxell@fcgov.com>; Ross Cunniff <rcunniff@fcgov.com>; Susan Gutowsky <sgutowsky@fcgov.com>; Julie Pignataro <jpignataro@fcgov.com>; Ken Summers <ksummers@fcgov.com>; Melanie Potyondy <mpotyondy@fcgov.com>; Emily Gorgol <egorgol@fcgov.com>; Darin Atteberry <DATTEBERRY@fcgov.com> Cc: City Clerk Office <cityclerk@fcgov.com>; Janet Freeman <jfreeman@fcgov.com>; Teresa Roche <troche@fcgov.com> Subject: [EXTERNAL] City Diversity Concern Good Afternoon. Hope everyone is staying healthy and enjoying the beginnings of spring in our beautiful city. The reason for my email is to express concern regarding consistency with the City’s prioritization of inclusion, diversity, and representation within our community. I agree that it’s critical that we consider our City’s population and do our utmost to ensure that everyone is counted and represented on our City’s boards. For me, it has been a privilege to serve as Vice Chair of the EAC board, and one of just two women on this board. My concern, however, is with the City’s disregard for a female board choice who is now being blatantly disregarded after a decision was made regarding the P&Z Board. The importance of P&Z, as a quasi-judicial board, is particularly important, since there have been few women and people of color represented as members of this board. In full disclosure, I do not know Kathryn Dubiel, however, I understand that on record at City Council’s 9/15/20 meeting, she was declared second choice after Ted Shepherd’s appointment, with Jerry Gavaldon placed as a third choice. I have been in several meetings with Mr. Gavaldon, during reimagined boards and commissions meetings, so am aware that he currently serves on the Transportation Board. Herein lies the questions that are disturbing me. Why would the City bypass a qualified woman, Ms. Dubiel, for placement on the P&Z board with a third choice, when he already serves on a significant board? If City Council interviewed 12 top candidates, narrowed them down, and then skipped over their second choice, a female, why pivot and now ignore their own decision? Wouldn’t Ms. Dubiel represent two groups currently underserved on P&Z’s board? A woman, and one who has never served on a Fort Collins board before? If we’re seeking diversity and representation, where is the inclusion in this discussion? Unfortunately, the current decision to forgo a qualified woman, eager to serve our City, unfortunately smacks of sexism, and I believe is a deterrent to others in our community, who are underrepresented, from seeking board and Council positions. I am requesting that we ALL take a more thorough look at this situation and reconsider what message we are sending to Fort Collins. Thank you, Renee Walkup District 5, Fort Collins From: Rick Hoffman <rick-hoffman@comcast.net> Sent: Sunday, April 18, 2021 3:33 PM To: City Leaders <CityLeaders@fcgov.com> Cc: City Clerk Office <cityclerk@fcgov.com> Subject: [EXTERNAL] Appointment to P&Z Board Attached please find my concerns/comments regarding the upcoming appointment to the Planning and Zoning Board. Thanks you Rick Hoffman 1804 Wallenberg Drive Fort Collins, CO 80526 17 April 2021 TO: City Leaders FROM: Rick Hoffman SUBJECT: Appointments to Planning and Zoning (P&Z) Board It is my understanding city staff is recommending Mr. Jerry Gavaldon to fill the recently vacated position on the P&Z Board. Although Mr. Gavaldon is well qualified to serve on the P&Z Board, another candidate finished ahead of him during interviews for the P&Z position filled by Ted Shepard. Why is city staff recommending Mr. Gavaldon, who finished third in the vetting process, to fill the current vacancy on the P&Z Board over the person that finished second behind Mr. Shepard? This approach does not seem equitable and transparent and lacks clarity. When a vacancy occurs either the next person on the list of qualified candidates is appointed or the application, vetting, interview, and final selection process must start over and the top candidate appointed to the vacant position. At the very least, city staff must provide justification to support their recommendation, especially if they skipped over the top candidate in favor of Mr. Gavaldon. From: Robbie Moreland <moreland01@gmail.com> Sent: Monday, April 19, 2021 10:27 AM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Re: Please reconsider P&Z Appointment! Sorry, I meant to say that this email is in relation to: Resolution 2021-044 Making an Appointment to the Planning and Zoning Board. Robbie On Mon, Apr 19, 2021 at 10:17 AM Robbie Moreland <moreland01@gmail.com> wrote: Council Members, With regards to the Second Reading of Ordinance No. 049, 2021, Repealing and Reenacting Chapter 2, Article III of the Code of the City of Fort Collins Relating to Boards and Commissions, at tomorrow's City Council meeting, I am writing to request that Council reconsiders their decision to appoint Mr. Gavaldon to this open seat. It is clear that the P&Z Board could benefit from diversity in the areas of gender, where its members physically reside and their professional backgrounds. Currently, there is only 1 female member of this very important board. Kathryn Dubiel would bring badly needed gender diversity. Districts 2,3 and 4 have no representation on the current P&Z Board.. Kathryn Dubiel, as a resident of District 2, would provide that diversity. Finally, four of the current P&Z Board members come from development related backgrounds. Kathryn would bring to the board a broad non development related background adding a much needed and refreshing perspective. Please reconsider your selection of Mr. Gavaldon for this Board. It is clear that Kathryn Dubiel would bring the diversity that this Board needs. Regards, Robbie Moreland District 1 From: Ross Cunniff <rcunniff@fcgov.com> Sent: Monday, April 19, 2021 4:02 PM To: roxanne griffin <turningrox@yahoo.com>; City Leaders <CityLeaders@fcgov.com> Cc: Julie Pignataro <jpignataro@fcgov.com>; Emily Gorgol <egorgol@fcgov.com>; Susan Gutowsky <sgutowsky@fcgov.com> Subject: RE: [EXTERNAL] Resolution 10176-044 Making an appointment to the planning and zoning board Ms. Griffin, Thank you for the feedback. Upon reviewing the records of interview recommendations, I have discovered that we have conflicting recommendations before us. In September, Ms. Dubiel was “next in line”; in December, Mr. Gavaldon was. There is therefore not clear direction from the interview forms, so I will be pulling the P&Z appointment from our Consent calendar so that Council as a whole may debate and decide who to appoint to the P&Z vacancy. Thanks, Ross Cunniff Mayor Pro Tem Councilmember, District 5 From: roxanne griffin <turningrox@yahoo.com> Sent: Monday, April 19, 2021 3:34 PM To: City Leaders <CityLeaders@fcgov.com> Cc: Julie Pignataro <jpignataro@fcgov.com>; Emily Gorgol <egorgol@fcgov.com>; Ross Cunniff <rcunniff@fcgov.com>; Susan Gutowsky <sgutowsky@fcgov.com> Subject: [EXTERNAL] Resolution 10176-044 Making an appointment to the planning and zoning board Dear City Leaders, I request you reconsider the appointment of real estate broker Jerry Galvadon to the Planning and Zoning board. As I recently learned an overwhelming majority of members on the board make their livelihoods in development related professions. In my opinion and experience, this can result in limited perspectives when members are making recommendations for consideration to Council at large. For example, I remember a specific comment from David Katz at one of several board meetings I attended. He prefaced his support for a certain development as "Speaking as a realtor." I was shocked a board member would offer support for a development proposal framed as such. Additionally given that the current composition of board members' professions are overwhelmingly development related occupations, it sends a message to our community that only those who are associated with a certain profession need apply. I would argue varied perspectives lead to good governance. Lastly, I request you consider Kathryn Dubiel who applied for the vacancy. Kathryn has demonstrated a deep desire and commitment to serve our community. Over the last ten years she has been consistently and effectively involved in land use and policy matters which affect neighborhoods and citizen engagement with City administration and elected officials. She would bring a needed balance to the board given her background profession, her gender as well as broadening the board's representation of Council districts (currently no one who resides in District 3 is on the board). Sincerely, Roxanne Griffin District 3 resident From: Walter Lyons <walyons@frii.com> Sent: Monday, April 19, 2021 2:50 PM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] A seat for District 3 We send this email in support of Kathryn Dubiel to fill a seat on the city’s Planning & Zoning Board. We have had the pleasure of working with her in a number of citizen groups and trust her to be forthright, evenhanded and to school herself thoroughly in any issues being brought forward for consideration. Moreover, she is a resident of District 3, which currently has no representative on the Board. District 3 is an area with several key development challenges and a local, unbiased perspective would be invaluable. Thank you for your consideration. Walt Lyons Walter A. Lyons, Ph.D. 4022 Rock Creek Drive Fort Collins, CO 80528 From: Lupe Sandoval <nurseloop@gmail.com> Sent: Tuesday, April 20, 2021 11:34 AM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] Kathryn Dubiel for P&Z Good afternoon, Please accept my email to highlight this much needed discrepancy with our elected officials' stand in having Kathryn Dubiel be put forth to work on the P&Z committee: Last time during Council discussion it was acknowledged that a diversity candidate should be chosen in the future. Now, it is time to follow through with that promise. This candidate is: 1. Female, 2. From an underrepresented council district. Kathryn would be only the second female on the board, with a strong majority being men. The point of a citizen board like the P and Z board is for citizens to have a pathway to entering government. The previous pick, Mr. Shephard worked for the city for 33 years before this. The candidate that the city is trying to push through, Mr. Galvadon, has already served on the Planning and Zoning Board for 9 years before now. How is someone supposed to get onto the Planning and Zoning Board if the preference is always given to those with prior experience???? They've already skipped over the opportunity to have a true citizen on the board once with Mr. Shephard and are trying to do so again with Mr.Galvadon. Now, it's only fair that a Mrs., Mrs. Dubiel, be given her fair chance. Respectfully. Guadalupe Sandoval, MS, RN Diversity is needed!!