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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/02/2021 - REGULAR MEETINGCity of Fort Collins Page 1 Wade Troxell, Mayor Remote Meeting Ross Cunniff, District 5, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Cablecast on FCTV Melanie Potyondy, District 4 Channel 14 on Connexion Emily Gorgol, District 6 Channel 14 and 881 on Comcast Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting February 2, 2021 AMENDED 2/1/21 PUBLIC PARTICIPATION OPTIONS There will be three options for people who would like to participate in the meeting:  Live via the Zoom online meeting,  Live via the telephone,  By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must:  Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience.  Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com.  If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. City of Fort Collins Page 2 PUBLIC PARTICIPATION (VIA PHONE):  Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#).  The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (VIA EMAIL): Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Proclamations and Presentations 5:45 p.m. None Scheduled. City of Fort Collins Page 3 Regular Meeting 6:00 p.m.  CALL MEETING TO ORDER  PLEDGE OF ALLEGIANCE  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 4 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items:   (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. 1. Consideration and Approval of the Minutes of the January 5, 2021 Regular Meeting and the January 6, 2021 and January 12, 2021 Special Meetings. The purpose of this item is to approve the minutes of the January 5, 2021 Regular Meeting and the January 6, 2021 and January 12, 2021 Special Meetings. 2. Second Reading of Ordinance No. 018, 2021, Adopting the 2021 Classified Employee Pay Plan. This Ordinance, unanimously adopted on First Reading on January 19, 2021, recommends the 2021 Classified Employee Pay Plan for most classified employees. City classified employees’ pay and pay ranges will remain the same as in 2020 due to the financial uncertainty caused by COVID-19. In addition, this item recommends changes to the 2021 Classified Employee Pay Plan for employees who are in the collective bargaining unit described in the 2019-2021 Collective Bargaining Agreement (the “Agreement”) between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police. The Agreement was approved by Council by Resolution 2018-095 on October 2, 2018. The Agreement requires the City to complete an annual market analysis for positions in the collective bargaining unit. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the 2021 Classified Employee Pay Plan. 3. Second Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 1 to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on January 19, 2021, annexes the first of two sequential tracts of land known collectively as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer-Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, City of Fort Collins Page 5 as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 4. Second Reading of Ordinance No. 020, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 1, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on January 19, 2021, applies zoning to the property included in the first of two sequential annexations. Springer-Fisher Annexation No. 1 is located northwest of the East Mulberry Street and Greenfields Court intersection. The proposed zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M- N). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial zoning districts to the east, south and west. The abutting City limit to the north is zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement of the portions of the Springer-Fisher Annexation No. 1 that are zoned L-M- N and M-M-N into the Residential Neighborhood Sign District. 5. Second Reading of Ordinance No. 021, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 2 to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on January 19, 2021, annexes the second of two sequential tracts of land collectively known as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 2 consists of 5.46 acres, establishes the required 1/6 contiguity with the Springer- Fisher Annexation No. 1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 6. Second Reading of Ordinance No. 022, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 2. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on January 19, 2021, applies zoning to the property included in the second of two sequential annexations, Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2 is located northwest of the intersection of East Mulberry Street and Greenfields Court. The proposed zoning for this annexation is General Commercial (C-G). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial (I) to the east, south and west. City of Fort Collins Page 6 7. First Reading of Ordinance No. 023, 2021, Appropriating Philanthropic Revenue Received by City Give and Authorizing a Transfer to be Used for Ongoing COVID-19 Community Relief and Recovery. The purpose of this item is to appropriate $100,000 in philanthropic revenue in the General Fund City Give Reserves for Covid-19 community relief and recovery received from donor Broadcom, Inc. The intent of the charitable gift, facilitated and secured by City Give and as designated by Broadcom Inc., is to support the critical and expanded needs of essential community services and organizations resulting from the pandemic. It’s the donor’s determination the City possess unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local Covid- 19 relief and recovery. Per the donor’s designation, the City will distribute $50,000 of the total gift to two community partners: CARE Housing to be used toward eviction prevention and on-site learning hubs to provide Internet access and academic support to K-12 students, and Meals on Wheels in support of their mission to provide meals to homebound seniors. The remaining $50,000 will be awarded at $25,000 each to the Utilities Payment Assistance Program in the Utility Customer Service & Admin Fund and to the Digital Access and Equity Program in the General Fund in support of the City’s partnership with Code for America. 8. First Reading of Ordinance No. 024, 2021, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. The purpose of this item is to appropriate unanticipated Community Development Block Grant (CDBG) funding in the amount of $760,023 from the Department of Housing and Urban Development (HUD) for COVID-19 response and recovery. 9. First Reading of Ordinance No. 025, 2021, Vacating Portions of Grant Avenue Alley Right-of-Way. The purpose of this item is to vacate a portion of an alley right-of-way (ROW). The original grant of the Grant Avenue alley ROW is contained in the West Side Addition Plat, Book 1, Page 19 of Larimer County Clerk and Recorder Records. The residents of 420 and 428 Grant Avenue have initiated a conceptual review under the City’s Development Review process. In this review process, staff became aware that portions of the City’s right-of-way for the North Grant Avenue alley had never been opened for public access and remain undeveloped and blocked by fences and well-established landscaping. At this time, only telecommunication lines run through this portion of the alley ROW, and the vacation reserves a utility easement over a portion of the vacated alley ROW to accommodate this existing utility use. 10. Resolution 2021-014 Authorizing and Approving the City’s Participation in the Metro Mortgage Assistance Plus Program, and Authorizing the Execution of a Delegation and Participation Agreement with the City and County of Denver in Connection Therewith. The purpose of this item is to consider a Resolution allowing residents of Fort Collins to participate in a down payment assistance program administered by the City and County of Denver, by approving an agreement between the City of Fort Collins and Denver delegating to Denver the authority to operate the program within Fort Collins. This program expands the range of down payment assistance available in the City to households earning up to $150K (most current programs administered by City partners only go up to 80% AMI) at no cost to the City. This responds to the Council priority of Affordable and Achievable Housing. 11. Resolution 2021-015 Approving an Exception to the Competitive Purchasing Process for the Purpose of Extending the Contract with the Fort Collins Convention and Visitors Bureau, Inc. for Convention and Visitor Services. The purpose of this item is for Council to consider approval of an exception to the competitive purchasing process to extend the contract with the Fort Collins Convention and Visitors Bureau, Inc., d/b/a Visit Fort Collins, the City’s current Convention and Visitor Services vendor. The current five- year agreement with Visit Fort Collins under RFP 8256 Convention & Visitor Services terminates on March 31, 2021. Due to extenuating circumstances precipitated by the COVID-19 pandemic, this City of Fort Collins Page 7 Resolution seeks an exception to the City Code requirement for use of a competitive purchasing process to extend the agreement for one additional one-year term ending on March 31, 2022. An RFP will be initiated in late 2021 or early 2022 so that a vendor may be selected competitively and a new contract executed before April 1, 2022. Exception to Competitive Bidding Rationale: Code Section 8-161(d)(1)(b). Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A.Remington Street Project (staff: Heather McDowell) COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ●Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ●Staff presentation (optional) ●Mayor requests citizen comment on the item (three minute limit for each citizen) ●Council questions of staff on the item ●Council motion on the item ●Council discussion ●Final Council comments ●Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. If attending in person, please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 12.Resolution 2021-016 Making Council Liaison, Council Committee and City Representative Appointments. (staff: Delynn Coldiron; 5 minute presentation; 15 minute discussion) AMENDED ON 2/1/21 The purpose of this item is to fill the following vacancies resulting from the resignation of former Mayor Pro Tem Kristin Stephens: 1. Councilmember liaison assignments for the: a. CDBG Commission, b. Transportation Board, and c. Youth Advisory Board, and 2. Ad Hoc Direct Reports Compensation Committee, City of Fort Collins Page 8 3. Council Election Code Committee (Alternate), 4. Council Ethics Review Board, 5. Council Futures Committee (Alternate), 6. Legislative Review Committee (Alternate), 7. Library Trustee Selection Committee, 8. North College Urban Renewal Ad Hoc Committee (Alternate), 9. North I-25 Coalition, 10. North I-25 Coalition Working Group: I-25 Funding Committee, and 11. Regional Transportation Coordination Task Force Policy Advisory Committee. This item also fills a vacant Councilmember seat on the Poudre Heritage Alliance Board due to Councilmember Gutowsky’s voluntary resignation. 13. Items Related to Regulation of Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution. (staff: Molly Saylor; 5 minute presentation; 55 minute discussion) A. First Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution. B. First Reading of Ordinance No. 027, 2021, Approving and Appropriating an Off-Cycle Funding Request, Contingent on the Outcome of the April 2021 Election, to Support Initial Implementation of Ordinance No. 026, 2021, Establishing Regulations Regarding Disposable Bags. The purpose of this item is to consider adoption of an Ordinance regulating the distribution of disposable bags and future mitigation of other sources of single-use plastic pollution (the “Disposable Bag Ordinance”) and Ordinance No. 027, 2021, making an appropriation to support implementation of the Disposable Bag Ordinance with outreach and engagement and provision of free reusable bags to the community (the “Appropriation Ordinance”). The Disposable Bag Ordinance: Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes a $0.12 fee on disposable paper bags distributed by large grocers to customers at point- of sale; Allocates the $0.12 fee equally between the vendor and the City, with the City’s share of the fee being committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the “Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to implement the disposable bag fee program and encourage customer use of disposable bags; Includes an exemption from the bag fee for low-income customers; and Expressly reserve’s Council authority and states Council’s intent to make future modifications to address stakeholder input or unforeseen circumstances, regulate single-use plastic items in addition to disposable plastic bags, and extend regulations to other vendors in the City. The Appropriation Ordinance provides $87,500 in funding to support initial 2021 roll-out of the Disposable Bag Ordinance and the Waste Reduction Program, including outreach and engagement and making free bags available to the community. A resolution referring Ordinance No. 026, 2021, to the voters at the April 2021 regular municipal election will be presented for consideration at the time of consideration of second reading of Ordinance No. 026, 2021.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 9  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the January 5, 2021 Regular Meeting and the January 6, 2021 and January 12, 2021 Special Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the January 5, 2021 Regular Meeting and the January 6, 2021 and January 12, 2021 Special Meetings. ATTACHMENTS 1. January 5, 2021 (PDF) 2. January 6, 2021 (PDF) 3. January 12, 2021 (PDF) 1 Packet Pg. 10 City of Fort Collins Page 290 January 5, 2021 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, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 14, Resolution 2021-004 Expressing Gratitude and Appreciation to Kristin Stephens for her Contributions to the Community as City Councilmember and Mayor Pro Tem, was amended to correct a date error. Additionally, a motion to call a Special Meeting at 6:00 PM on Tuesday, January 12, was amended to include consideration of an appropriation of Small Business Relief Program funds and to authorize a related agreement. Item No. 13, Resolution 2021-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins, was amended to remove appointments for the Planning and Zoning Board for separate consideration. City Manager Atteberry noted there were no protests received on the ballot language for the proposed Charter amendments. • PUBLIC COMMENT Mayor Troxell outlined the public participation options. Rory Heath stated it had previously been determined that the City's ethics review policies need to be updated and stated there was an intentional delay by the City Attorney's Office to keep changes off the April ballot. Rich Stave commented on access issues associated with Council meetings. He stated the City’s website access to FCTV is faulty. Nick Fry stated Council should recognize the importance of making changes to the Ethics Review Board. He commented on the appearance of conflicts of interest related to the Hughes Stadium property rezoning. He suggested the Ethics Review Board should not be made of members of Council. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and noted there was a work session on the ethics review process on December 22. He opposed the comments made about the City Attorney. City Manager Atteberry stated staff would get in touch with Mr. Stave regarding the FCTV issues. Councilmember Pignataro stated the City’s ethics rules are not part of the City Charter and would therefore not need to go on a ballot for consideration. City Attorney Daggett confirmed that statement and noted the Ethics Review Board structure is all in the Code and can be modified at 1.1 Packet Pg. 11 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 291 Council’s discretion. She mentioned the delays in the discussion of ethics issues and stated she did not intend to delay Council’s action. Councilmember Pignataro noted the work session discussion highlighted several options for moving forward. Councilmember Gutowsky commented on Item No. 13, Resolution 2021-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins, and complemented the quality of the interviewed applicants. She encouraged those who were not appointed to apply again. • CONSENT CALENDAR Councilmember Summers withdrew Item No. 8, First Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Running Deer Natural Area, Archery Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities, from the Consent Agenda. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff 1. Consideration and Approval of the Minutes of the November 24, 2020 Adjourned Me eting and the December 1, 2020 Regular Meeting. (Adopted) The purpose of this item is to approve the minutes of the November 24, 2020 Adjourned Meeting and the December 1, 2020 Regular Meeting. 2. Second Reading of Ordinance No. 161, 2020, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) This Ordinance, unanimously adopted on First Reading on December 15, 2020, amends the Land Use Code (“LUC”). There are proposed revisions, clarifications and additions to the LUC that address specific subject areas that have arisen since the last update was initiated in the Fall of 2019. 3. Second Reading of Ordinance No. 162, 2020, Conveying a Replacement Telecommunications Easement to Qwest Corporation d/b/a CenturyLink QCon at the City’s Foothills Activity Center. (Adopted) This Ordinance, unanimously adopted on First Reading on December 15, 2020, conveys a replacement telecommunications easement to Qwest Corporation d/b/a CenturyLink QCon (CenturyLink) at the City-owned Foothills Activity Center (“FAC”) as a result of an obligation associated with the replatting of the Foothills Mall and to replace a “blanket” easement granted in 1975. The easement accurately depicts CenturyLink’s existing telecommunication line on the FAC parcel. 1.1 Packet Pg. 12 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 292 4. Second Reading of Ordinance No. 163, 2020, Approving the First Amendment to Ground Lease Agreement Between the Cities of Loveland and Fort Collins and Discovery Air, LLC, for Property at the Northern Colorado Regional Airport. (Adopted) This Ordinance, unanimously adopted on First Reading on December 15, 2020, adopts an amendment to the long-term aviation land lease agreement between the Cities of Fort Collins and Loveland (Cities) and Discovery Air, LLC signed in January of 2019. The lease terms included a (50) year lease for a large-scale aviation development project. The project has progressed since the execution of the original lease, and Discovery Air has obtained the necessary development approvals to continue pursuit of their development. Discovery Air has since determined it necessary to pursue a phased approach to its development and accordingly has requested that the Cities amend the original Lease. Due to the complexity and unique provisions of the original lease and this proposed amendment, the Northern Colorado Regional Airport Commission does not have the authority to approve and sign the Lease Amendment. The two Cities must each approve in accordance with their respective Municipal Codes and Charters. The Northern Colorado Regional Airpor t Commission reviewed the lease agreement amendment at its November 12, 2020, meeting, and unanimously recommended approval by the Councils. The proposed Airport development includes the construction of corporate aircraft hangar facilities and associated office space, a potential aircraft support center, a restaurant, and all infrastructure to support these facilities. This lease amendment will allow success of the public -private partnership. The Airport has approximately 200 acres of space available for a eronautical development. This proposal will use approximately 10% of the available land for what is considered to be the highest and best use of the property, which is in accordance with the Council adopted Airport Master Plan and Airport Commission Adopted Strategic Plan. The Airport will create revenues through lease payments from the property in addition to other revenues from the operations of the campus. The new buildings will create jobs and enhance the regional economic impact of the Airport. 5. First Reading of Ordinance No. 001, 2021, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Environmental Services Radon Program. (Adopted) The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2021 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. 6. Items Relating to the Fort Collins Police Services Victim Services Unit. (Adopted) A. First Reading of Ordinance No. 002, 2021, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. First Reading of Ordinance No. 003, 2021, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victims of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Ser vices Unit has been awarded two grants. The VALE grant is a 12-month grant in the amount of $26,000 for the period from January 1, 2021 to December 31, 2021, by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for a portion of the victim 1.1 Packet Pg. 13 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 293 advocate salary who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the o perational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. The VOCA grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victims of Crime Act (VOCA), to help fund services provided by this team. The VOCA Grant will provide $24,551 in calendar year 2021 to the City with the remainder of $24,550 expected in calendar year 2022. These funds will be used for a portion of the victim advocate salary who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. 7. Items Relating to Various Routine Amendments to City Code Chapter 26 Pertaining to Utility Services. (Adopted) A. First Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Make Various Updates Regarding the Wastewater Utility. B. First Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Water and Sewer Plant Investment Fees. C. First Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Update Provisions Regarding the City’s Utility Enterprise Boards. The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services 8. First Reading of Ordinance No. 008, 2021, Authorizing Conveyance of a Permanent Non - Exclusive Drainage Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional Airport for the New Veterans’ Affairs Clinic. (Adopted) The purpose of this item is to authorize a permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the east side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). 9. First Reading of Ordinance No. 009, 2021 Authorizing the Conveyance of an Easement to Larimer County for Remediation Activities on Cathy Fromme Prairie Natural Area in Accordance with the City’s Intergovernmental Agreement with Larimer County and Loveland for Corrective Measures Related to the Larimer County Landfill. (Adopted) The purpose of this item is to consider adoption of an Ordinance authorizing the conveyance of a future easement to Larimer County for remediation activities on Cathy Fromme Prairie Natural Area. Council adopted Resolution 2020-119, approving an Intergovernmental Agreement by and among the City, Larimer County and the City of Loveland regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill, and that Agreement requires the City Manager to present for Council approval this Ordinance authorizing a future easement. 10. Resolution 2021-001 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Regarding the Renovation and Redevelopment of Tenney Court North Alley and West Oak Street Alley. (Adopted) The purpose of this item is to request Council adoption of an Intergovernmental Agreement (IGA) between the City and the Downtown Development Authority (DDA) for renovation and redevelopment of Tenney Court North and West Oak Street Alleys. The alley names listed are temporary and only specified for the purpose of this IGA and for identification during design and construction. They will be 1.1 Packet Pg. 14 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 294 officially named in the future and with consideration of the City's theme of naming downtown's alleys to honor exemplary individuals who reflect the historic and cultural geography of the downtown area. 11. Resolution 2021-002 Authorizing the Execution of an Intergovernmental Agreement to Continue the Operations of the Northern Colorado Bomb Squad from January 1, 2021, to December 31, 2025. (Adopted) The purpose of this item is to authorize the City Manager to execute an Intergovernmental Agreement (“IGA”) between the City, Larimer County and the City of Loveland to continue the operations of the Northern Colorado Bomb Squad from January 1, 2021 to December 31, 2025. 12. Resolution 2021-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions that exist due to the expiration of terms of certain members and the resignation of previous board and commission members. • CONSENT CALENDAR FOLLOW-UP Mayor Troxell concurred with Councilmember Gutowsky’s comments on Boards and Commissions appointees and commended the applicants. • COUNCILMEMBER REPORTS Councilmember Gutowsky reported on visiting the Museum of Discovery’s mental health exhibit, the Gardens on Spring Creek holiday lights, and the Downtown holiday lights. She also reported on the drive-by event honoring former Mayor Pro Tem Stephens. Councilmember Gorgol reported on a joint meeting between the City, Poudre School District, and the County regarding the plans to reopen schools. She stated there is also a plan for summer learning to assist students that may have fallen behind with the challenges of remote learning. Mayor Troxell commented on the parade event honoring former Mayor Pro Tem Stephens. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 13. First Reading of Ordinance No. 007, 2021, Authorizi ng the Conveyance to the Colorado Department of Transportation of Various Property Interests on City -Owned Property at Running Deer Natural Area, Archery Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities. (Adopted on First Reading) The purpose of this item is to seek Council's approval of the Colorado Department of Transportation’s requested purchase of one right-of-way parcel on Arapaho Bend Natural Area, two right-of-way parcels and four temporary easements on Running Deer Natural Area and the Archery Range for the purpose of widening Interstate 25 and relocating the Port of Entry. Councilmember Summers stated he would like to get some additional information on this item and determine whether there have been any updates since the AIS was distributed. John Moreland commented on the wetland value of the archery range area and stated he would hope the wetlands would not be destroyed by moving the weigh station. Mark Sears, Natural Areas Senior Manager, stated City staff members have been working closely with CDOT and there has been no additional information since the distribution of the AIS. He stated staff will be bringing Council the appraisal information prior to Second Reading and noted 1.1 Packet Pg. 15 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 295 the impact to the archery range is minimal, just a few hundred square feet at the entrance road. He stated most of the impact to City-owned land is to the north of the archery range, which is currently a hayfield, and certain setbacks from I-25 to the Poudre River will be diminished. Councilmember Summers asked if staff has approached CDOT with the possibility of a long-term lease rather than a purchase. Sears replied the proposed improvements are permanent and include a port of entry, frontage road realignment, and new bridge over the Poudre River. Councilmember Summers asked why it is necessary to relocate the port of entry. Sears replied the relocation allows for a safer distance from the Prospect interchange for truck traffic and I-25 traffic. Councilmember Summers asked if other sites were considered for the port of entry. Sears replied he was unaware of other locations being considered. Councilmember Summers stated he was surprised this was not further scrutinized given the sensitivity with which Natural Areas are typically considered. Councilmember Cunniff noted this was not unanimously recommended by the Land Conservation and Stewardship Board. He stated there is a benefit to the habitat and wildlife given the lengthening of the bridge over the Poudre River; however, he would like to have answers to the questions raised by Councilmember Summers prior to Second Reading. Mayor Troxell expressed concern about the seemingly temporary port of entry structures that do not seem to account for the viewshed to the west. He encouraged additional follow-up regarding the design of the features related to the point of entry. Councilmember Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance No. 007, 2021, on First Reading. City Manager Atteberry noted staff will get additional information regarding the structure prior to Second Reading. RESULT: ORDINANCE NO. 007, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Emily Gorgol, District 6 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff • DISCUSSION ITEMS 14. Resolution 2021-004 Expressing Gratitude and Appreciation to Kristin Stephens for her Contributions to the Community as City Councilmember and Mayor Pro Tem. (Adopted) The purpose of this item is to express gratitude and appreciation to Kristin Stephens for her contributions to the community as Councilmember and Mayor Pro Tem. Mayor Troxell read Resolution 2021-004, Expressing Gratitude and Appreciation to Kristin Stephens for her Contributions to the Community as City Councilmember and Mayor Pro Tem. Carol Cochran thanked Kristin Stephens for her service. 1.1 Packet Pg. 16 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 296 Melanie Potyondy thanked Kristin Stephens for her service and congratulated her on her position as County Commissioner. Dylan (no last name given) thanked Kristin Stephens for her service. Jessica Dyrdahl thanked Kristin Stephens for her service and for sparking her interest in local politics. Veronica Olivas congratulated Kristin Stephens on her new position as County Commissioner and thanked her for her service. Councilmember Pignataro thanked Kristin Stephens for her service and encouragement and wished her luck in her new position. Councilmember Cunniff commended Kristin Stephens’ perseverance and wished her luck in her new position. Councilmember Gorgol thanked Kristin Stephens for her support, advocacy, and mentorship. She congratulated her on her new position. Councilmember Gutowsky commended Kristin Stephens’ compassion and wished her luck in her new position. Mayor Troxell thanked Kristin Stephens for her service and commended her authentic leadership. He wished her the best in her new role. Councilmember Summers commended Kristin Stephens on her new position. City Manager Atteberry commended Kristin Stephens on being a model of civility and accessibility. He stated she has been a great person with whom to work and she inspires her direct reports to work harder. He stated he is looking forward to working with her in her new role as County Commissioner. City Attorney Daggett agreed with City Manager Atteberry and stated she looks forward to interacting with Kristin Stephens in her new role. Kristin Stephens thanked those who spoke and commended the professionalism and dedication of City staff. She stated she is eager to continue her work in her new role and commented on the importance of keeping government accessible to all. RESULT: RESOLUTION 2021-004 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff 1.1 Packet Pg. 17 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 297 15. Items Related to Appointments to Fill Key Vacancies Left by the Resignation of Mayor Pro Tem Stephens. (Adopted) A. Selection of new Mayor Pro Tem. B. Resolution 2021-005 Making Appointments to the Poudre Fire Authority Board, the North Front Range Metropolitan Planning Organization Planning Council, the General Employee’s Retirement Committee, and the Ad-Hoc Strategic Housing Committee. The purpose of the first item is to provide Council with an opportunity to select a new Mayor Pro Tem. The purpose of the second item is to fill vacant Councilmember seats on the Poudre Fire Authority Board, the North Front Range Metropolitan Planning Organization Planning Council, the General Employees’ Retirement Committee and the Ad-Hoc Strategic Housing Committee due to the resignation of former Mayor Pro Tem Kristin Stephens. Rory Heath expressed support for Councilmember Cunniff serving as Mayor Pro Tem. Councilmember Cunniff expressed interest in serving as Mayor Pro Tem to help Council reach its goals. Councilmember Gorgol expressed interest in serving as Mayor Pro Tem and commented on her service and the value of succession planning. Councilmember Gutowsky made a motion, seconded by Councilmember Summers, to appoint Councilmember Cunniff as Mayor Pro Tem. Councilmember Pignataro stated she would support the motion but agreed with Councilmember Gorgol’s points about succession planning and the 6-month calendar continuing to reflect Council’s priorities. Councilmember Cunniff stated he and Councilmember Gorgol have discussed succession planning and stated Council should be deliberate in developing processes and procedures to ease the April transition. Councilmember Gorgol stated she would support the motion and encouraged Council to be intentional about the April transition. Mayor Troxell stated Councilmember Cunniff has served Council well and will do a good job as Mayor Pro Tem. He also commended Councilmember Gorgol. Mayor Troxell discussed the committees on which the former Mayor Pro Tem served and requested Councilmembers discuss any interest in those appointments. Councilmember Gutowsky expressed interest in being the Metropolitan Planning Organization representative noting she previously served in that role. Mayor Troxell stated he had been working as the alternate for the Metropolitan Planning Organization (MPO) representative and suggested perhaps he move into the representative role with Councilmember Gutowsky serving as the alternate. Councilmember Gutowksy asked if the alternate can attend meetings. Mayor Troxell replied in the affirmative. 1.1 Packet Pg. 18 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 298 Councilmember Gorgol expressed interest in the Poudre Fire Authority Board position. Councilmember Pignataro expressed interest in the Poudre Fire Authority Board position stating it is the only one of these appointments for which she could regularly attend meetings. She also stated she would like to be involved with the hiring of the new Fire Chief. Councilmember Gorgol stated this is also one of the only appointments for which she could regularly attend meetings and she noted she had expressed interest in the position a year and a half ago. Mayor Pro Tem Cunniff stated he would be willing to serve as the liaiso n to the General Employee’s Retirement Committee. Mayor Troxell asked Councilmember Summers if he would be willing to serve on the ad hoc Housing Committee. Councilmember Summers replied in the affirmative. Mayor Pro Tem Cunniff asked if an alternate could be appointed to the Poudre Fire Authority (PFA) Board. City Attorney Daggett replied there is an organic contract with PFA that sets the Board membership, in contrast with the MPO organic contract which calls for an alternate. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, that Council adopt Resolution 2021-005 as amended to include Ross Cunniff serving as the liaison to the General Employee’s Retirement Committee, appointing Ken Summers to the Council’s ad hoc Strategic Housing Committee through April 6, 2021, appointing Mayor Wade Troxell to serve on the North Front Range Metropolitan Planning Organization Planning Council, and appointing Susan Gutowsky to serve as the alternate on that Planning Council. Councilmember Summers made a motion, seconded by Mayor Pro Tem Cunniff, to amend the motion to appoint Councilmember Gorgol to the PFA Board. Councilmember Pignataro asked Councilmember Summers if he would have any interest in stepping down from the PFA Board early. Councilmember Summers expressed some hesitation given the ongoing search for a new Fire Chief. Mayor Pro Tem Cunniff stated either Councilmember Gorgol or Councilmember Pignataro would do a good job in the position and asked them to describe how they would help advance Council’s interest by serving in the position. Councilmember Gorgol replied this position would be similar to serving on the Housing Catalyst in that it would be serving on the Board of an organization while representing the City. Councilmember Pignataro stated Councilmember Gorgol should take the position and she noted there will be another opening in April. Mayor Troxell stated either Councilmember would serve the position well. Councilmember Gutowsky asked if this appointment would be until April. City Attorney Daggett replied the new appointments are typically made in May or June after the Council election in April. 1.1 Packet Pg. 19 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 299 The vote on the motion to amend was as follows: Yeas: Gorgol, Summers, Cunniff, Troxell, Pignataro, and Gutowsky. Nays: none. THE MOTION CARRIED. The vote on the motion was as follows: Yeas: Summers, Cunniff, Troxell, Pignataro, Gutowsky, and Gorgol. Nays: none. THE MOTION CARRIED. (**Secretary's Note: The Council took a brief recess at this point in the meeting.) RESULT: RESOLUTION 2021-005 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff 16. District 4 Council Vacancy. (No Action Taken) The purpose of this item is to provide opportunity for the public to offer comment s on the applicants for the District 4 Council vacancy, to give Councilmembers an opportunity to identify finalists who will move forward to the interview process, and to consider changes to the established process to fill the vacancy, if desired. Applications for the District 4 Vacancy were received from: 1. Jessica Dyrdahl 5. Shirley Peel 2. Erin Hottenstein 6. Melanie Potyondy 3. Philip Jensen 7. Sidna Rachid 4. Veronica Olivas 8. William Wright City Clerk Coldiron stated this is an opportunity for the public to provide comments on the applicants, for the applicants to address Council, and for Council to discuss the process of filling the vacant Council seat. She noted Council did previously discuss and agree on a process; therefore, it is not necessary for action to be taken this evening. She stated interviews will be held tomorrow evening and Council will consider a Special Meeting for January 12 during which the new member would be selected. The new member will be sworn in January 19. Stacey Suniga endorsed Erin Hottenstein for the vacant Council seat. Robin Ross (no last name given) endorsed Shirley Peel for the vacant Council seat. Pamela Norris endorsed Jessica Dyrdahl for the vacant Council seat. Jeff (no last name given) endorsed Shirley Peel for the vacant Council seat. Carol Cochran endorsed Jessica Dyrdahl for the vacant Council seat. Dr. Brooke Schneider endorsed Dr. Melanie Potyondy for the vacant Council seat. Laura Druse endorsed Dr. Melanie Potyondy for the vacant Council seat. 1.1 Packet Pg. 20 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 300 Ryan (no last name given) endorsed Jessica Dyrdahl for the vacant Council seat. Gaye Digregorio endorsed Jessica Dyrdahl for the vacant Council seat. Scott Denning endorsed Erin Hottenstein for the vacant Council seat. Charlie Ross endorsed Dr. Melanie Potyondy for the vacant Council seat. Dr. (no first name given) Schrader endorsed Jessica Dyrdahl for the vacant Council seat. Will Sharp endorsed Jessica Dyrdahl for the vacant Council seat. Shirley Peel discussed her candidacy and stated she believes she has the organizational, communication, and cooperative skills needed to fill the position. Becky Eisen endorsed Dr. Melanie Potyondy for the vacant Council seat. April (no last name given) endorsed Erin Hottenstein for the vacant Council seat. Rory Heath suggested Council should question the candidates on open space, foliage and trees, and metro districts. Cole Weis endorsed Jessica Dyrdahl for the vacant Council seat. Emily Galishote endorsed Dr. Melanie Potyondy for the vacant Council seat. Sidna Rachid discussed her motivations for running for the vacant Council seat. Rachel (no last name given) endorsed Dr. Melanie Potyondy for the vacant Council seat. Julie (no last name given) endorsed Dr. Melanie Potyondy for the vacant Council seat. Dylan Lindsay endorsed Dr. Melanie Potyondy for the vacant Council seat. Leslie Taylor endorsed Jessica Dyrdahl for the vacant Council seat. Jess Veer endorsed Jessica Dyrdahl for the vacant Council seat. Sharon Bloyer endorsed Sidna Rachid for the vacant Council seat. Wendy Bergman endorsed Dr. Melanie Potyondy for the vacant Council seat. Jill Ayers endorsed Dr. Melanie Potyondy for the vacant Council seat. Chris O’Grady endorsed Dr. Melanie Potyondy for the vacant Council seat. Dr. Melanie Potyondy discussed her qualifications for the vacant Council seat and stated her values and skills make her a good fit. Sonia Koetting endorsed Sinda Rachid for the vacant Council seat. 1.1 Packet Pg. 21 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 301 Mavi Graves endorsed Dr. Melanie Potyondy for the vacant Council seat. Jeff Larson endorsed Dr. Melanie Potyondy for the vacant Council seat. Nicole Rate endorsed Veronica Olivas for the vacant Council seat. Veronica Olivas discussed her candidacy and skills that would make her a good fit for the vacant Council seat. Adam Macy endorsed Shirley Peel for the vacant Council seat. Liz Hicks endorsed Dr. Melanie Potyondy for the vacant Council seat. Teagan Alberts endorsed Dr. Melanie Potyondy for the vacant Council seat. Dr. Amy Molina endorsed Dr. Melanie Potyondy for the vacant Council seat. Cherice (no last name given) endorsed Shirley Peel for the vacant Council seat. Erin Hottenstein thanked former Mayor Pro Tem Stephens for her service and discussed her wide variety of leadership skills that would make her a good candidate for the Council seat. Mitch (no last name given) endorsed Jessica Dyrdahl for the vacant Council seat. Aaron (no last name given) endorsed Dr. Melanie Potyondy for the vacant Council seat. Kaitlyn Patterson endorsed Dr. Melanie Potyondy for the vacant Council seat. Mahala Hentschel endorsed Jessica Dyrdahl for the vacant Council seat. Sara Olson endorsed Jessica Dyrdahl for the vacant Council seat. Tamara Muir encouraged Council to support the candidate who would best stand up for the citizens of the community, support open space, be open-minded, hold developers accountable, and support local businesses. Renee Forsythe endorsed Dr. Melanie Potyondy for the vacant Council seat. Sia Rounsaville endorsed Jessica Dyrdahl for the vacant Council seat. Mayor Troxell thanked the speakers and noted the process will continue tomorrow with the candidate interviews. Mayor Pro Tem Cunniff stated he would like Council to go over the proposed interview questions. Councilmember Pignataro thanked the speakers and other citizens for their engagement and stated all eight candidates are excellent. Mayor Pro Tem Cunniff suggested not reducing the candidate pool. Mayor Troxell agreed and outlined the general format for the interview process. City Clerk Coldiron provided the proposed list of questions. 1.1 Packet Pg. 22 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 302 Councilmember Pignataro suggested some of the questions could be altered to include more Council priorities. Mayor Pro Tem Cunniff suggested rephrasing one of the questions related to completing or amending Council priorities. Councilmember Summers suggested asking which of the current Council priorities are the most important to each candidate. Mayor Pro Tem Cunniff stated he would support that change. Councilmember Gutowsky supported the question related to completing and amending priorities noting the person who is appointed will be jumping into the ongoing work. Councilmember Summers questioned what type of response would be expected. Councilmember Gutowsky replied she would look for a response related to how each candidate would support the ongoing work. Councilmember Pignataro stated she would prefer to leave the third question as is and suggested any form of the fourth question that involves Council’s priorities will likely be adequate. Mayor Pro Tem Cunniff agreed there should be some discussion of existing Council priorities. Councilmember Gorgol suggested asking candidates how they would approach Council priorities. Mayor Pro Tem Cunniff and Councilmember Gutowsky supported that wording. RESULT: NO ACTION TAKEN 17. First Reading of Ordinance No. 010, 2021 Adopting the Update to the Parks and Recreation Master Plan as an Element of the City’s Comprehensive Plan. (Adopted on First Reading) The purpose of this item is to consider adoption of an update to the Parks and Recreation Master Plan and highlight key implementation steps post-adoption. John Stokes, Interim Community Services Director, discussed the team of individuals that has worked on the Parks and Recreation Master Plan and commented on the four words on its cover: Recreate, Renew, Rethink, and Reimagine. He stated the Plan is meant to be suitable for the next twenty years and staff believes it is both pragmatic and visionary. Stokes discussed the public outreach effort and key components of the Plan, including a series of updated guidelines for park and recreational design and funding tools and concepts. He discussed next steps. Mayor Troxell commended the Council engagement and overall framework of the Plan. Mayor Pro Tem Cunniff concurred with Mayor Troxell’s comments and stated he would support the Plan. He suggested including a different photo of a development on page 259. Councilmember Gorgol asked about the process related to incorporating equity through engaging communities in the master planning of new or refreshed parks. Stokes replied there are multiple public meetings for every new or refreshed park and noted this Plan calls for the formation of a master plan for each major refresh, which provides for an enhanced opportunity for the public to 1.1 Packet Pg. 23 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 303 be engaged. He noted a framework for each park that identifies the park amenities will also be influenced by public engagement. He commented on the public engagement utilized for recent parks, including Sugar Beet Park on North Lemay Avenue. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No. 010, 2021, on First Reading. City Manager Atteberry commended the team who worked on this Plan and noted this action is legacy work. RESULT: ORDINANCE NO. 020, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff 18. Items Relating to Placing Proposed Charter Amendments on the April 6, 2021 Ballot. (Adopted on First Reading) A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 011, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. C. First Reading of Ordinance No. 012, 2021 Submitting to a Vote of the Registered E lectors of the City of Fort Collins a Proposed Amendment to Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. D. First Reading of Ordinance No. 013, 2021 Submitting to a Vote of the Registered Electors of t he City of Fort Collins a Proposed Amendment to Section 9, Article V of the City Charter Clarifying Revenues that May be Appropriated. E. First Reading of Ordinance No. 014, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 17 or Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. F. First Reading of Ordinance No. 015, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. The purpose of these items is to submit individual Charter amendments to the voters at the A pril 6, 2021 Regular Election ballot. Any protest of the proposed ballot language must be received no later than Monday, January 4, 2021, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of any Ordinance that is the subject of a protest. If protests are received, copies will be included in Council’s “Read-before” packet. City Clerk Coldiron stated this item involves consideration of five possible Charter amendments that would move forward to the April 6 ballot if approved by Council. She noted no protests were received on any of the amendments. She detailed the five proposed amendments: one related to the Mayor Pro Tem selection date, one related to the limit on contributions to candidates, one 1.1 Packet Pg. 24 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 304 related to supplemental appropriations, one related to the deadline to publish the notice of audit, and one related to the Board of Elections that would change the reference from the Municipal Judge to the Chief Judge. City Clerk Coldiron noted all five of these items were discussed at a December work session and there was support for bringing them all forward. She stated staff will continue to work on other discussed amendments for future elections. Councilmember Pignataro stated five items for the ballot seems excessive and expressed support for limiting the number to two or three. She questioned what would occur if none of these items pass. City Attorney Daggett replied there would be ways to work around most of the items and none of the items would create highly significant issues if they did not move forward. Councilmember Gutowsky asked if the item related to campaign contributions includes alignment with state statute. City Attorney Daggett replied the changes that were made earlier this year were all Council-made changes to City Code and are not affected by this item. Mayor Pro Tem Cunniff expressed support for moving all of the items to the ballot but expressed concern regarding the likely approval of the campaign contribution item. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 011, 2021, on First Reading. RESULT: ORDINANCE NO. 011, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Gorgol, Gutowsky, Summers, Troxell, Cunniff, Pignataro Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance No. 012, 2021, on First Reading. RESULT: ORDINANCE NO. 012, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Gorgol, Gutowsky, Summers, Troxell, Cunniff, Pignataro Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 013, 2021, on First Reading. RESULT: ORDINANCE NO. 013, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Gorgol, Gutowsky, Summers, Troxell, Cunniff, Pignataro Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance No. 014, 2021, on First Reading. Councilmember Pignataro stated she will be opposing this motion and the next as she feels three items on the ballot is enough. 1.1 Packet Pg. 25 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 305 RESULT: ORDINANCE NO. 014, 2021 ADOPTED ON FIRST READING [5 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Gorgol, Gutowsky, Summers, Troxell, Cunniff NAYS: Pignataro Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 015, 2021, on First Reading. RESULT: ORDINANCE NO. 015, 2021 ADOPTED ON FIRST READING [5 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Gorgol, Gutowsky, Summers, Troxell, Cunniff NAYS: Pignataro 19. First Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and Appurtenances for Utilities Purposes. (Adopted on First Reading) The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services. More specifically, the purpose of this item is to further explain and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states: The directors and employees of city-owned utilities shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premises, within or without the city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or any other purpose whatever in connection with the water, wastewater, electric, and other utilities. Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of customers and the owners/occupants of such buildings and premises. Language has also been added to allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the Utilities Executive Director to petition the Municipal Court to secu re the right to enter specific buildings and premises for Utilities purposes as described in Section 26-22. Andrew Gingerich, Utilities Civil Engineer, stated these Code updates were separated from the others on the Consent Agenda due to Utilities Services’ commitment to deliver utilities services 24/7, 365 days of the year. He stated the changes would articulate the right of entry and corresponding rights of customers and owners and occupants of buildings on premises. He stated the language is also being proposed to be modified to include the ability for the Utilities Executive Director to petition to the Municipal Court to secure the right to enter specific buildings and premises for the purposes of utilities. Gingerich discussed the utilities equipment that requires access by Utilities staff and discussed the right of entry process. He stated staff is recommending adoption of this ordinance. Rich Stave expressed concern with some of the wording of the ordinance stating Fort Collins Utilities customers are also owners. He expressed concern with the use of the word ‘reasonable’ as it is not defined within the document. 1.1 Packet Pg. 26 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 306 Melissa Rosas agreed with Mr. Stave’s concerns regarding wording. Jessica Dyrdahl asked if there is data related to how many access issues have been unresolved. Gingerich stated Utilities staff are most often invited onto properties for issues; however, he cited an example of the 25,000 water meters that are within private property and need occasional standard maintenance. He stated it is rare that staff goes through the certified mailing process to gain entry, and he could provide those exact statistics prior to Second Reading. Mayor Troxell stated he views this as much as being a protection for property owners as it is for utilities staff. Councilmember Summers thanked Gingerich for his presentation and concurred with Mayor Troxell. He commented on the important services provided by utilities staff. Mayor Pro Tem Cunniff asked if the list of utilities equipment is intended to be exhausti ve. City Attorney Daggett replied the language is intended to be comprehensive. Mayor Pro Tem Cunniff asked who pays for foliage trimming that might be necessary to access a piece of equipment. Gingerich replied the Code puts that responsibility on homeowners; however, Utilities staff may do some trimming, with permission, and take on that responsibility. Mayor Troxell asked if this language would also address issues related to the Arthur Ditch. Gingerich replied the infrastructure related to the Ditch is maintained by the City when it is within City right-of-way. Eric Potyondy, Assistant City Attorney, stated the Arthur Ditch is owned and operated by the Arthur Ditch Company and there is a Colorado Statute that puts maintenance responsibility on the county or municipality to maintain the bridge where ditches cross public roads. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gorgol, to adopt Ordinance No. 016, 2021, on First Reading. Mayor Pro Tem Cunniff stated he would support the item and stated the concerns mentioned by citizens are more operational in nature. RESULT: ORDINANCE NO. 016, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Emily Gorgol, District 6 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff Motion to Suspend the Rules to Continue Past 10:30 PM. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the rules to continue past 10:30 PM to consider such other business as may come before Council. 1.1 Packet Pg. 27 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 307 RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff • OTHER BUSINESS Councilmember Gorgol asked if the City is working on an eviction response plan. Mayor Troxell and Mayor Pro Tem Cunniff agreed a plan with service providers would be beneficial. Councilmember Gutowsky expressed concern Council has not clearly defined its goals regarding equity and inclusion nor has it agreed upon definitions for diversity, equity, and inclusion. She requested staff provide some information at a work session regarding a calendar of events and the working vocabulary. Mayor Troxell questioned whether these items are being considered by the committee. Councilmember Gorgol asked if those definitions are part of Principles of Community. Jackie Kozak-Thiel, Chief Sustainability Officer, replied the Principles of Community are an effort being led out of the City Manager’s Office and defining those terms as an organization would fit well with that work. Mayor Pro Tem Cunniff suggested staff start with a memo then perhaps consider a work session or Council action. City Manager Atteberry requested additional details from Councilmember Gutowsky on what information she would like to see. Councilmember Gutowsky replied she would like everyone to agree on definitions for terms such as diversity and equity, particularly given those terms will be embedded in every department of the City organization. Councilmember Pignataro agreed a memo may be a good place to start. Mayor Pro Tem Cunniff stated Council recently received a letter from the Center for Family Outreach about rents for City facilities. He requested a memo on current rents and related City policies as well as options should Council choose to weigh in on directing staff to suspend rental increases for a prescribed time, for example. Councilmember Gorgol requested the memo also include the City policy on building maintenance and upgrades as well. She supported receipt of such a memo. Councilmember Pignataro also supported receipt of such a memo. A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a motion to call a Special Meeting at 6:00 p.m. on Tuesday, January 12, 2021, for matters related to filling a Council vacancy: 1.1 Packet Pg. 28 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 5, 2021 City of Fort Collins Page 308 Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take place on Tuesday, January 12, 2021, at 6:00 p.m. for consideration of: 1. Matters related to the selection and appointment to fill a vacancy in the District 4 Council seat, including taking testimony and possible action to select finalist candidates or select a District 4 Councilmember; and 2. First Reading of an Ordinance appropriating Small Business Relief program funds to be administered and distributed by the City and authorization for a related agreement with Larimer County. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff • ADJOURNMENT The meeting adjourned at 10:47 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 29 Attachment: January 5, 2021 (9914 : Minutes - 1/5 1/6 1/12) City of Fort Collins Page 309 January 6, 2021 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • CALL TO ORDER Mayor Troxell commented on the day's insurrection at the United States Capitol. Mayor Troxell noted there will be no opportunity for public input at this meeting; however, comments can be emailed or delivered through the City's website. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron 2. District 4 Council Vacancy Interviews. (No Action Taken) The purpose of this item is to provide Council with the information needed to conduct interviews for the District 4 Council vacancy. The applicants that will be interviewed include: 1. Jessica Dyrdahl 5. Shirley Peel 2. Erin Hottenstein 6. Melanie Potyondy 3. Philip Jensen 7. Sidna Rachid 4. Veronica Olivas 8. William Wright Application materials for each applicant are attached. The process is expected to proceed as follows: ● Description of the process given by the Mayor (3 minutes) ● Opening statement based on direction from the Mayor - 1.5 minutes for each candidate (12 minutes total) ● Pre-defined question from the Mayor - 2 minutes for each candidate (16 minutes total) ● Pre-defined question from a Councilmember - 2 minutes for each candidate (16 minutes total) ● Pre-defined question from a Councilmember - 2 minutes for each candidate (16 minutes total) ● Follow-up questions from Councilmembers and discussion (30 minutes total) ● Closing statement - 1.5 minutes for each candidate (12 minutes total) ● Total time: 1 hour and 45 minutes. Mayor Troxell outlined the interview process. He requested each candidate use their opening statement to discuss why they have opted to apply and why now. Jessica Dyrdahl commented on her interest in government noting she is currently the advisor to student government at Colorado State University. Erin Hottenstein stated she would seek to solve problems for as many people as possible in a role on Council and she commented on founding Colorado 50-50, a volunteer organization that encourages and trains women to run for office. Philip Jensen commented on his time in Fort Collins and experience as an EMT responder. 1.2 Packet Pg. 30 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) JANUARY 6, 2021 City of Fort Collins Page 310 Veronica Olivas commented on the change she has seen in Fort Collins and on the importance of social sustainability. She discussed her experience in public service and leadership. Shirley Peel stated she would like to serve on Council to be able to give back to her community. Dr. Melanie Potyondy commented on her appreciation of City government and stated she is invested in southwest Fort Collins. Sidna Rachid stated governmental action is the best way to try to alleviate some societal problems and she stated her budgeting skills would benefit the City. William Wright commented on the changes he has seen in Fort Collins over six decades and stated he would like to work full-time to address the challenges being faced by the community. Mayor Troxell asked each candidate to describe their leadership style, how they plan to engage with Councilmembers and the community, and how they would work with Council's three direct- report employees. Mr. Jensen stated he was a strategic business manager for many years and was successful at getting all team members to work in the same direction. He stated he likes to understand what drives people. Ms. Peel stated she seeks to build bridges to effectively develop mutual solutions. She commented on her experience as an educator and stated reaching out to community members would be one of the best parts of being a City leader. She stated she would make herself available for the three direct reports and all City employees. Ms. Olivas stated her leadership style includes leading the way, empowering others, inspiring a shared vision, and challenging the process. She commented on the importance of teamwork, acknowledgment of mistakes, and honoring public trust. Ms. Rachid stated she would ask a lot of questions and do research as a Councilmember. She stated the public good must remain front and center. Mr. Wright stated his leadership style is to identify problems, listen to the voices in the room, and brainstorm solutions. Ms. Dyrdahl stated her leadership style is transformational and she tries to motivate and encourage others to work together and collaborate toward a common purpose. She stated she would work to support Council in achieving its priorities. She commented on the importance of trust in leadership. Dr. Potyondy commented on her ability to listen to multiple perspectives, synthesize information, and work collaboratively to come up with solutions that meet the needs of all involved stakeholders. She stated she is adept at working toward consensus but will advocate for items in which she strongly believes. Ms. Hottenstein stated her leadership style is collaborative and stated it is important to research issues and gather opinions. She stated she is polite, professional and prepared and will be available and responsive to residents and City employees. 1.2 Packet Pg. 31 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) JANUARY 6, 2021 City of Fort Collins Page 311 Councilmember Gorgol asked the candidates to discuss the most crucial issues facing Fort Collins and District 4. Dr. Potyondy stated COVID is the most pressing issue facing every facet of life in Fort Collins right now and the response to it needs to take center stage. She stated one of her top three priorities for Fort Collins is preserving community character, including supporting local businesses and cultural facilities. She commented on the importance of housing, medical services, and employment and stated environmental sustainability should always be a guiding principle. Ms. Rachid commented on the importance of preserving Fort Collins economy through the preservation of small businesses. She also commented on the importance of assisting with rent and evictions. Mr. Wright stated his priorities include the preservation of small businesses, affordable single- family housing, and water acquisition. Ms. Hottenstein agreed COVID is the most crucial issue that will need to be addressed. She commented on the role of the City in recovery and on the importance of affordable housing. Ms. Olivas agreed COVID must be addressed as well as issues related to systemic and institutional racism. She also suggested looking at poverty outreach from a social services perspective. Ms. Peel also agreed COVID is the most crucial issue facing the City and she commented on the importance of continuing to partner with the County to help protect first responders and those who are most vulnerable while also giving the business community the support and tools it needs to be successful. She also noted the City will need to deal with the budget shortfall and negative effects on low- to moderate-income families. Mr. Jensen stated the pandemic has proved that working from home is quite viable and stated he would like to see the introduction of a program that would teach working from home skills. He also commented on the importance of clean energy technology. Ms. Dyrdahl agreed the pandemic and affordable housing are critical issues. She commented on the struggles of small businesses and on the importance of providing resources for mental health and rental utility and childcare assistance. Councilmember Gutowksy asked the candidates to discuss which of the current Council priorities are most important and how they would approach the current Council priority list. Ms. Olivas stated the most important priorities are community engagement, equity and inclusion, and affordable and achievable housing strategies. She discussed the importance of public outreach and applauded community volunteer representation on budgeting committees. She stated the equity indicators project will help identify gaps for outreach. Mr. Wright stated his priority is small business support noting small businesses support the minimum wage workers that are most affected by the pandemic. He also stated affordable housing must be a priority for the coming years. Ms. Hottenstein stated the top issues she found from a small survey of citizens were COVID response, economic health, and environmental health. She stated she would support Council's 1.2 Packet Pg. 32 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) JANUARY 6, 2021 City of Fort Collins Page 312 goals of supporting small businesses and creating jobs. Ms. Dyrdahl stated her top priority is equity and inclusion and the support of those who are most marginalized. She expressed support for the equity indicators project. Ms. Rachid commended the City on its efforts toward small business preservation and stated she would like to see additional work toward preventing evictions. She also stated she would prioritize affordable and accessible childcare. Mr. Jensen commented on the importance of small business support and addressing air quality through mass transit and other means. Dr. Potyondy stated equity and inclusion must be a driving force behind every discussion, but stated her focused priority is affordable and achievable housing noting having those basic needs met allows citizens to be able to access available options and work on other priorities. Ms. Peel commended the City's approach with plans and priorities. She stated it is important to strike a balance between keeping people safe from COVID while keeping businesses alive. She also commented on the importance of a smart growth plan. Councilmember Gutowsky noted this Council appointment would last until April and she asked candidates to describe their plans for campaigning for the Council seat in the April election. Ms. Dyrdahl stated she has filed her candidacy paperwork and has a website and team of people to help support her in the election. Ms. Hottenstein stated she has filed her candidacy paperwork and is looking forward to running her campaign. Mr. Wright stated he has filed his candidacy paperwork and is looking forward to talking to citizens in his district. Dr. Potyondy stated she has filed her candidacy paperwork and is looking forward to campaigning. Ms. Peel stated she has filed her candidacy paperwork and would be excited to be on Council long- term. Mr. Jensen stated he has a website in construction and would like to continue to work with the City. Ms. Rachid stated she has yet to form a candidate committee. Ms. Olivas stated she would like to fill the position until April but does not plan to run in the April election due to a family commitment. Councilmember Pignataro asked the candidates to find something near them that represents them and share that. Mr. Jensen shared his multiple computers and album collection. Dr. Potyondy shared a photo of herself and her husband and discussed their relationship and time 1.2 Packet Pg. 33 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) JANUARY 6, 2021 City of Fort Collins Page 313 in Fort Collins. Mr. Wright shared a painting he created representing all major religions. Ms. Peel shared a photo of her children and discussed their careers. Ms. Rachid shared a memento from Egypt and discussed her time living there. Ms. Hottenstein shared her son's cello and stated she is looking forward to the time when music events can again be enjoyed. Ms. Dyrdahl shared her globe and discussed her travel to all 50 states and 50 countries. Ms. Olivas shared a vintage butterfly from Portugal and discussed jewelry she makes as gifts. Councilmember Summers requested the candidates address what it means to be data-driven, how that applies to policy making, and how they would make a decision if data they would like to have is not available. Mr. Jensen stated data is a big part of his work and commented on not using data as the only factor in making decisions. Dr. Potyondy stated data is important in her role as a school psychologist and she commented on the importance of ongoing data collection to ensure the success of programs or policies. Ms. Olivas stated data can be used to prove facts but noted public input is also important. Mr. Wright stated data does not always provide the entire picture and commented on the importance of acquiring facts and understanding circumstances. Ms. Hottenstein stated being data-driven is important; however, it is important to ask good questions and keep the bigger picture in mind. She stated context and data need to go together to make policy. Ms. Rachid commented on decision making. Ms. Peel commented on using numbers to quantify results and direct policy; however, she noted data may not always be reliable, therefore it is important to also rely on common sense. Ms. Dyrdahl stated being data-driven involves using the information at hand to guide a framework and commented on the importance of using common sense as well. Councilmember Summers thanked the applicants for their responses. Mayor Pro Tem Cunniff requested the candidates reflect on the conversations to date and integrate that into their closing statements. Mr. Wright stated he is a third-generation native of Fort Collins and he believes he is the right person to fill the Council seat. He commented on his passion to address food insecurity and stated he would work on that issue as part of Council. 1.2 Packet Pg. 34 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) JANUARY 6, 2021 City of Fort Collins Page 314 Dr. Potyondy stated she is excited about this opportunity and thanked those who publicly proclaimed support. She commented on the importance of retaining what makes Fort Collins magical as it grows as a community. She stated she believes she has the skills, values, and personality to serve Fort Collins. Mr. Jensen stated he would like to continue working with the City and would like to focus on working from home, clean energy, and support of the school system. Ms. Dyrdahl thanked the Councilmembers and staff for their assistance in this process. She commented on the world-class nature of Fort Collins and stated her work ethic, enthusiasm, dedication, and ability to be a connector make her a good candidate for the Council seat. Ms. Hottenstein thanked the Councilmembers and staff for their support. She stated her ability to build consensus, help solve problems, collaborate, and work through differences make her a good candidate. Ms. Peel commented on being encouraged by this process and stated she will work hard to continue to implement the vision already in place, will work to deal with problems caused by the pandemic, will work to build bridges between people and organizations, and will work to ensure smart growth. Ms. Olivas commented on the need for inclusive cooperation now more than ever and stated the community needs an effective, engaging, and honest government that operates with vitality and compassion. Ms. Rachid commented on the impressive candidate pool and discussed her desire to help those who are less advantaged. Mayor Troxell thanked the candidates for their effort, time, and respect. He also thanked Councilmembers and staff for their engagement in the process. He outlined the next steps in the selection process. Councilmember Gutowsky thanked the applicants. RESULT: NO ACTION TAKEN • ADJOURNMENT The meeting adjourned at 7:51 p.m. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 35 Attachment: January 6, 2021 (9914 : Minutes - 1/5 1/6 1/12) City of Fort Collins Page 315 January 12, 2021 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM (Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) • CALL TO ORDER City Manager Atteberry stated there were no changes to the published agenda. Mayor Troxell outlined the public participation options. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron • DISCUSSION ITEMS 1. Items Relating to a Small Business Relief Program to be Administered and Distributed by the City's Economic Health Office in Cooperation with Larimer County. (Adopted on First Reading) A. Resolution 2021-006, Authorizing an Intergovernmental Agreement Between the City and Larimer County for Funding and Administration of a Small Business Relief Program. B. First Reading of Ordinance No. 017, 2021, Appropriating Unanticipated Revenue in the General Fund for a Small Business Relief Program to be Administered and Distributed by the Economic Health Office. The purpose of this item is for Council to consider an ordinance appropriating unanticipated revenue to operate a Small Business Relief program and a resolution authorizing a related agreement describing the administration and distribution of the funds with Larimer County. The Colorado legislature, in special session in December, passed Senate Bill 20B -001 (SB20B-001) setting aside over $37 million for direct relief payments to small businesses located in eligible Counties, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers. Josh Birks, Economic Health and Redevelopment Director, stated this item involves two actions that would enable a new business support program. The first action would consider a resolution authorizing an intergovernmental agreement between the City and Larimer County for funding and administration of the new Small Business Relief Program. The second action would consider First Reading of an Ordinance appropriating unanticipated revenue into the General Fund to fund the Program and have the Economic Health Office manage the distribution and administration of the Program. Birks discussed the State Statute that outlines the specific industries eligible for assistance under this Program. He noted Larimer County is in the queue to receive its allocation on January 15 and the cities of Fort Collins, Loveland, and Estes Park will be hub partners charged with distribution to businesses in all areas of the County. He discussed the application process and eligibility requirements for businesses and stated there are three tiers of assistance. Birks noted the hubs will meet on January 29 to finalize the number of eligible businesses and determine payment amount by tier. All funds must be distributed by February 12 per state statute. 1.3 Packet Pg. 36 Attachment: January 12, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 12, 2021 City of Fort Collins Page 316 Councilmember Pignataro noted the application period has already started and asked about outreach to businesses. Birks replied the outreach is similar to that undertaken for the Small Business Assistance Program and includes social media, print ads, and reliance on partners such as the Chamber of Commerce and other business and merchant associations. Councilmember Gutowsky asked if there is a maximum number of applications that can be received and how each application will be vetted. Birks replied there is not a maximum number of applications, though there are only so many businesses in the county with a revenue of less than $2.5 million, which is the maximum for this Program. He outlined the planned process fo r completing the eligibility analysis, meeting with the other hub partners to determine how many businesses across the County have been certified by tier, and then completing the math to determine each allocation. He stated the hubs have agreed to prefer to maximize assistance to smaller businesses. Councilmember Gorgol commended door-to-door efforts for contacting businesses. She asked if staff would provide assistance to businesses with the application and proof of income loss process noting the tight timeline. Birks replied a template to prove income loss has been provided in the application and members of the Economic Health team are available to provide technical assistance. He stated opening the application process on January 6 was done to give businesses ample time to apply and outreach is occurring for incomplete applications. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2021-006. Mayor Troxell stated this is a good news item and thanked Birks and the Economic Health Office for their work and proactive approach. Mayor Pro Tem Cunniff agreed this is a good news item and thanked Larimer County for leading the effort. RESULT: RESOLUTION 2021-006 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 017, 2021, on First Reading. RESULT: ORDINANCE NO. 017, 2021 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff 2. Resolution 2021-007 Making an Appointment to Fill a Vacancy for Councilmember for District 4 on the Fort Collins Council. (Adopted) The purpose of this item is for Council to make an appointment to fill the vacant District 4 Council seat. Mayor Pro Tem Kristin Stephens tendered her resignation from the Council effective December 31, 2020, as a result of her recent election to the office of Larimer County Commissioner. 1.3 Packet Pg. 37 Attachment: January 12, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 12, 2021 City of Fort Collins Page 317 City Clerk Coldiron stated tonight’s meeting allows for public comment on the applicants, for applicants to address Council, and for Council to make its selection for an individual to fill the vacant District 4 Council seat. She noted the read-before packet contained over 100 emails supporting various candidates and she stated three emails were received after the packet went out, all in support of Dr. Melanie Potyondy. Deagan Bartels endorsed Jessica Dyrdahl for the vacant Council seat. Anya Blank endorsed Dr. Melanie Potyondy for the vacant Council seat. Paula Cole endorsed Erin Hottenstein for the vacant Council seat. Dustin Noden endorsed Dr. Melanie Potyondy for the vacant Council seat. Ben Randall endorsed Jessica Dyrdahl for the vacant Council seat. Tara Gross endorsed Dr. Melanie Potyondy for the vacant Council seat. Helen Castro endorsed Jessica Dyrdahl for the vacant Council seat. Sally Harris endorsed Erin Hottenstein for the vacant Council seat. Kris Odenbaugh endorsed Dr. Melanie Potyondy for the vacant Council seat. Dr. Melanie Potyondy thanked Councilmembers for the time they have devoted to the Council vacancy process and thanked City Clerk Coldiron and Chief Deputy City Clerk Knoll for their patience and assistance in the process. Dana Winkelman endorsed Dr. Melanie Potyondy for the vacant Council seat. Patty Mogorit endorsed Dr. Melanie Potyondy for the vacant Council seat. Karen Artell endorsed Dr. Melanie Potyondy for the vacant Council seat. Christian Dickson endorsed Jessica Dyrdahl for the vacant Council seat. Sidna Rachid stated she would be the best choice to fill the vacant Council seat due to her accounting and budgeting background. Greg Thomas thanked Council for their hard work and endorsed Dr. Melanie Potyondy for the vacant Council seat. Georgiana Jones endorsed Dr. Melanie Potyondy for the vacant Council seat. Alison Coatman endorsed Dr. Melanie Potyondy for the vacant Council seat. Don Heyse endorsed Dr. Melanie Potyondy for the vacant Council seat. Midora Hisby endorsed Dr. Melanie Potyondy for the vacant Council seat. Alex Blank endorsed Dr. Melanie Potyondy for the vacant Council seat. 1.3 Packet Pg. 38 Attachment: January 12, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 12, 2021 City of Fort Collins Page 318 Kira Beckham endorsed Dr. Melanie Potyondy for the vacant Council seat. Ali Razza endorsed Jessica Dyrdahl for the vacant Council seat. Donna Boudreaux endorsed Dr. Melanie Potyondy for the vacant Council seat. Ken Forsythe endorsed Dr. Melanie Potyondy for the vacant Council seat. Shirley Peel thanked Council for its commitment to the process of filling the vacant seat. Phil Jensen stated he is a candidate and thanked Council for its work on this process; he endorsed Dr. Melanie Potyondy for the vacant Council seat. Veronica Olivas thanked Council for the time and consideration put toward this effort and stated she would like to serve on Council. William Wright thanked Council for the opportunity to be a candidate and commended the way the interviews were handled. Erin Hottenstein thanked Council for the thoroughness of the process and stated she is looking forward to the opportunity to serve on Council. Jessica Dyrdahl thanked Council for the process and for its support of the Small Business Relief Program. Mayor Pro Tem Cunniff thanked the applicants and commended their spirit of public service. Mayor Troxell concurred and noted the requirement of selecting only one does not diminish the qualifications of the others. Councilmember Summers expressed appreciation for the interest of the candidates and spoke in favor of appointing Erin Hottenstein. He also noted speaking in favor of one candidate does not mean the others are not qualified. Mayor Pro Tem Cunniff stated Dr. Melanie Potyondy is at the top of his list for the appointment due to her comments on environmental sustainability. He also noted voters in District 4 will be able to make their own selection in April. Councilmember Pignataro thanked the candidates and expressed support for the candidates who reached out individually to the current Councilmembers and for those whose priorities most align with those of former Mayor Pro Tem Stephens. Councilmember Gutowsky expressed support for Dr. Melanie Potyondy citing her support of education issues and advocacy at the state level. Councilmember Gorgol thanked the citizens for their engagement in this process and thanked the candidates for their effort. Councilmember Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt Resolution 2021-007. 1.3 Packet Pg. 39 Attachment: January 12, 2021 (9914 : Minutes - 1/5 1/6 1/12) January 12, 2021 City of Fort Collins Page 319 Mayor Troxell commended the candidates and added the names of Jessica Dyrdahl and Shirley Peel to the general discussion already including Erin Hottenstein and Dr. Melanie Potyondy. Councilmember Gorgol made a motion, seconded by Councilmember Gutowsky, to amend the motion placing the name of Dr. Melanie Potyondy in the Resolution. Mayor Pro Tem Cunniff stated he would support the motion. Councilmember Pignataro stated she would support the motion but noted that does not diminish the qualifications of the other candidates. Councilmember Gutowsky stated she would support the motion as well and commented on her short list being created based on those who contacted her individually. Councilmember Summers commented on the various qualifications and commitment of the candidates. Mayor Troxell thanked the candidates, particularly those who reached out individually. He noted, in full disclosure, that Dr. Melanie Potyondy’s husband is employed by the City Attorney’s Office and appropriate conflict of interest regulations would be followed if she is appointed. Councilmember Summers congratulated Dr. Melanie Potyondy and stated his vote should not be perceived as being against her but rather as an indication of how difficult this decision has been. Mayor Troxell noted the oath of office will be given at the January 19 meeting. RESULT: RESOLUTION 2021-007 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff ABSENT: Stephens • ADJOURNMENT The meeting adjourned at 7:31 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 40 Attachment: January 12, 2021 (9914 : Minutes - 1/5 1/6 1/12) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 018, 2021, Adopting the 2021 Classified Employee Pay Plan. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 19, 2021, recommends the 2021 Classified Employee Pay Plan for most classified employees. City classified employees’ pay and pay ranges will remain the same as in 2020 due to the financial uncertainty caused by COVID-19. In addition, this item recommends changes to the 2021 Classified Employee Pay Plan for employees who are in the collective bargaining unit described in the 2019-2021 Collective Bargaining Agreement (the “Agreement”) between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police. The Agreement was approved by Council by Resolution 2018-095 on October 2, 2018. The Agreement requires the City to complete an annual market analysis for positions in the collective bargaining unit. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the 2021 Classified Employee Pay Plan. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 018, 2021 (PDF) 2 Packet Pg. 41 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 018, 2021, Adopting the 2021 Classified Employee Pay Plan. EXECUTIVE SUMMARY The purpose of this item is to recommend the 2021 Classified Employee Pay Plan for most classified employees. City classified employees’ pay and pay ranges will remain the same as in 2020 due to the financial uncertainty caused by COVID-19. In addition, this item recommends changes to the 2021 Classified Employee Pay Plan for employees who are in the collective bargaining unit described in the 2019-2021 Collective Bargaining Agreement (the “Agreement”) between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police. The Agreement was approved by Council by Resolution 2018-095 on October 2, 2018. The Agreement requires the City to complete an annual market analysis for positions in the collective bargaining unit. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the 2021 Classified Employee Pay Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Council is committed to compensating employees in a manner which is market-based, competitive, and based on performance. The goal as an employer is to attract, retain, engage, develop, and reward a diverse and competitive workforce to meet the needs of the community now and in the future. The budget constraints caused by COVID-19 led to the decision not to budget for nor award merit increases for City employees, except those covered by a collective bargaining agreement. The decision was also made to not conduct the annual market analysis that may have led to changes in the Pay Plan for non-collective bargaining unit jobs. Council approved the 2019-2021 Agreement by Resolution 2018-095 on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This analysis includes collecting actual salary data for law enforcement positions from 12 identified benchmark municipalities. It also includes collecting salary data from dispatch centers and municipalities for dispatch and communication positions. The Agreement requires the pay adjustments to be implemented by the second pay period of January in the applicable year. The analysis resulted in the following recommended 2021 Pay Plan structure adjustments and employee salary increases: ATTACHMENT 1 2.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9922 : SR 018 2021 Pay Plan) Agenda Item 11 Item # 11 Page 2 The effective date of the Pay Plan is January 11, 2021. CITY FINANCIAL IMPACTS Salary increases will be implemented using the Council adopted budget. 2.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9922 : SR 018 2021 Pay Plan) -1- ORDINANCE NO. 018, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2021 CLASSIFIED EMPLOYEE PAY PLAN WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified employees of the City shall be established by ordinance of the City Council; and WHEREAS, significant impacts to the City’s budget caused by the economic downturn resulting from the COVID-19 pandemic caused City staff to recommend not to budget for or award merit increases for City employees, with the exception of those covered by a collective bargaining agreement that requires consideration of pay increases; and WHEREAS, on October 2, 2018, the City Council adopted Resolution 2018-095 approving a collective bargaining agreement between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police (“CBA”); and WHEREAS, the CBA contains a provision giving the City until January 5, 2021, to collect market data from several identified benchmark municipalities for the classified positions in the collective bargaining unit; and WHEREAS, such market data has been collected and analyzed and the recommended salary ranges for the bargaining unit classified employees are available to include in the pay plan; and WHEREAS, the CBA requires the pay adjustments to be implemented by the second pay period of January in the applicable year; and WHEREAS, the pay plan recommended by the City Manager is consistent with City Council objectives, the Council-approved budget for 2021 and the Council-approved CBA; and WHEREAS, the City Council believes that the adoption of the recommended pay plan is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby adopts the 2021 City of Fort Collins Classified Employee Pay Plan (the “Pay Plan”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference. Section 3. That the Pay Plan is retroactive to and shall be effective as of January 11, 2021, the first pay period of 2021. 2.2 Packet Pg. 44 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) -2- Section 4. That the City Manager shall fix the compensation levels of all classified employees within the pay levels established in the Pay Plan except to the extent that the City Manager determines, due to performance or other extraordinary circumstances, that the pay level of a particular employee should remain below the minimum or be fixed above the maximum for that employee’s job title. Section 5. That the City Manager shall fix the salary for newly created positions or positions that are modified due to changes in job duties within the approved pay structure based on results of an objective job analysis. Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 45 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS PAY PLAN INDEX LEVELJOB TITLE JOB FAMILY TABLEJOB FUNCTION Accountant II ACCOUNTING 4FINANCE & ACCOUNTINGP2 Administrator I, Systems SYSTEMS 3TECHNOLOGYP1 Analyst I, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP1 Analyst I, Benefits BENEFITS 4HUMAN RESOURCESP1 Analyst I, Budget BUDGET 4FINANCE & ACCOUNTINGP1 Analyst I, Data DATA SCIENCE 3TECHNOLOGYP1 Analyst I, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP1 Analyst I, GIS GIS 3TECHNOLOGYP1 Analyst I, HRIS HRIS 4HUMAN RESOURCESP1 Analyst II, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP2 Analyst II, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYP2 Analyst II, Benefits BENEFITS 4HUMAN RESOURCESP2 Analyst II, Bus Intelligence DATA SCIENCE 3TECHNOLOGYP2 Analyst II, Compensation COMPENSATION 4HUMAN RESOURCESP2 Analyst II, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP2 Analyst II, GIS GIS 3TECHNOLOGYP2 Architect, IT Security INFORMATION SECURITY 3TECHNOLOGYP4 Architect, Landscape PARK PLANNING 1PLANNINGP2 Architect, Technology DATA SCIENCE 3TECHNOLOGYP4 Asst Superintendent, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT6 Auditor II, Sales Tax REVENUE 4FINANCE & ACCOUNTINGP2 Bailiff JUDICIAL 4LEGALA2 Business Support I ADMINISTRATION 4ADMINISTRATIONA2 Business Support II ADMINISTRATION 4ADMINISTRATIONA3 Business Support III ADMINISTRATION 4ADMINISTRATIONA4 Buyer I PURCHASING 4FINANCE & ACCOUNTINGP1 Buyer II PURCHASING 4FINANCE & ACCOUNTINGP2 Chemist SCIENCES 3SCIENCES & ENGINEERINGP1 Chief Deputy City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONP2 City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONM3 City Engineer ENGINEERING 3SCIENCES & ENGINEERINGM3 City Traffic Engineer ENGINEERING 3SCIENCES & ENGINEERINGM3 Civil Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Civil Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Civil Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Community Service Officer COLLECTIVE BARGAINING UNIT 5BPROTECTIVE SERVICESOT4 Coordinator, AR / Billing ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Accounts Payable ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA4 Coordinator, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA4 Coordinator, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA4 Coordinator, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA4 Coordinator, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGA4 Coordinator, HRIS HRIS 4HUMAN RESOURCESA4 Coordinator, Outreach INVESTIGATION 5PROTECTIVE SERVICESA4 Coordinator, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Public Engagement OUTREACH 4CUSTOMER SERVICEA4 Court Security Officer OPERATIONS 5PROTECTIVE SERVICESOT4 Crew Chief, Electric Dist ELECTRIC UTILITIES 2OPERATIONSS1 Crew Chief, Facilities FACILITIES & FLEET 2OPERATIONSS1 Crew Chief, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Transportation Ops TRANSPORTATION 2OPERATIONSS1 EXHIBIT A 2.2 Packet Pg. 46 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Crew Chief, Water Field Ops WATER UTILITIES 2OPERATIONSS1 Crime Analyst PROCESSING SUPPORT 5PROTECTIVE SERVICESA5 Criminalist INVESTIGATION 5PROTECTIVE SERVICESA6 Curator CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONP1 Deputy City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONA5 Deputy Court Administrator JUDICIAL 4LEGALS1 Deputy Court Clerk I JUDICIAL 4LEGALA3 Deputy Court Clerk II JUDICIAL 4LEGALA4 Dir, Economic Sustainability ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Electric Distribution ELECTRIC UTILITIES 2OPERATIONSM3 Dir, Environ Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Social Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Transportation Operations TRANSPORTATION 2OPERATIONSM3 Director, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGM3 Director, Broadband BROADBAND 2OPERATIONSM3 Director, Budget BUDGET 4FINANCE & ACCOUNTINGM3 Director, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESM3 Director, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM3 Director, Elec Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, FP&A FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGM3 Director, Facilities & Fleet FACILITIES & FLEET 2OPERATIONSM3 Director, Human Resources TALENT MANAGEMENT 4HUMAN RESOURCESM3 Director, Information Services PROCESSING SUPPORT 5PROTECTIVE SERVICESM3 Director, Park Planning PARK PLANNING 1PLANNINGM3 Director, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM3 Director, Plant Operations PLANT OPERATIONS 2OPERATIONSM3 Director, Purchasing PURCHASING 4FINANCE & ACCOUNTINGM3 Director, Recreation RECREATION 1CULTURE, PARKS & RECREATIONM3 Director, Sciences SCIENCES 3SCIENCES & ENGINEERINGM3 Director, Technology TECHNOLOGY 3TECHNOLOGYM3 Director, Transit TRANSPORTATION 2OPERATIONSM3 Director, Water Field Ops WATER UTILITIES 2OPERATIONSM3 Electrical Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Electrical Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Electrical Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Electrician FACILITIES & FLEET 2OPERATIONSOT4 Emergency Commun Dispatcher COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESOT4 Engineer I, Fiber FIBER 3TECHNOLOGYP1 Engineer I, Network NETWORK 3TECHNOLOGYP1 Engineer II, Network NETWORK 3TECHNOLOGYP2 Engineer II, Systems SYSTEMS 3TECHNOLOGYP2 Exec Assistant To The City Mgr ADMINISTRATION 4ADMINISTRATIONP1 Executive Admin Assistant ADMINISTRATION 4ADMINISTRATIONA5 Inspector, Code Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT3 Investigative Aide INVESTIGATION 5PROTECTIVE SERVICESA5 Lab Assistant SCIENCES 3SCIENCES & ENGINEERINGOT1 Lead Analyst, Utility Rate UTILITY 4FINANCE & ACCOUNTINGP4 Lead Coord, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA6 Lead Coord, Utility Rate/Fee UTILITY 4FINANCE & ACCOUNTINGA6 Lead Inspector Code Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT6 Lead Inspector, Construction COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT6 Lead Park Ranger OPERATIONS 5PROTECTIVE SERVICESS1 Lead Rep, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA5 Lead Spc, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONP3 Lead Spc, Employee Relations TALENT MANAGEMENT 4HUMAN RESOURCESP3 Lead Spc, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Homelessness SOCIAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Process Improvement PROJECT MANAGEMENT 4ADMINISTRATIONP3 Lead Spc, Soc Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Special Events NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEP3 Lead Specialist, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP3 Lead Specialist, Marketing MARKETING 4MARKETING & CREATIVE SERVICESP3 Lead Specialist, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP3 2.2 Packet Pg. 47 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Lead Specialist, Occptnl Hlth SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP3 Lead Specialist, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP3 Lead Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP3 Lead Specialist, Security SAFETY & RISK MANAGEMENT 4ADMINISTRATIONP3 Lead Sr Facilities Project Mgr PROJECT MANAGEMENT 4ADMINISTRATIONM1 Lead Tech, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESA6 Lead Tech, Transportation Ops TRANSPORTATION 2OPERATIONSOT6 Lead Technician, Sciences SCIENCES 3SCIENCES & ENGINEERINGA6 Lead Technician, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA6 Legal Assistant LEGAL 4LEGALA3 Locator, Elec Dist - Field Ops ELECTRIC UTILITIES 2OPERATIONSOT3 Manager, Active Modes TRANSPORTATION PLANNING 1PLANNINGM1 Manager, Administration ADMINISTRATION 4ADMINISTRATIONM1 Manager, Applications Software APPLICATIONS SOFTWARE 3TECHNOLOGYM1 Manager, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYM1 Manager, Broadband BROADBAND 2OPERATIONSM1 Manager, City Planning CITY PLANNING 1PLANNINGM1 Manager, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM1 Manager, Client Services CLIENT SERVICES 3TECHNOLOGYM1 Manager, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEM1 Manager, Construction Inspect COMPLIANCE 1DEVELOPMENT & COMPLIANCEM1 Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM1 Manager, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEM1 Manager, Econ Sustainability ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Elec Distr Hi Voltage ELECTRIC UTILITIES 2OPERATIONSM1 Manager, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Environ Planning ENVIRONMENTAL PLANNING 1PLANNINGM1 Manager, FP&A FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGM1 Manager, GIS GIS 3TECHNOLOGYM1 Manager, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESM1 Manager, Historic Preservation CITY PLANNING 1PLANNINGM1 Manager, Marketing MARKETING 4MARKETING & CREATIVE SERVICESM1 Manager, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGM1 Manager, Plant Operations PLANT OPERATIONS 2OPERATIONSM1 Manager, Public Engagement OUTREACH 4CUSTOMER SERVICEM1 Manager, Real Estate FACILITIES & FLEET 2OPERATIONSM1 Manager, Recreation RECREATION 1CULTURE, PARKS & RECREATIONM1 Manager, Sciences SCIENCES 3SCIENCES & ENGINEERINGM1 Manager, Social Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Systems Admin SYSTEMS 3TECHNOLOGYM1 Manager, Systems Engineering SYSTEMS 3TECHNOLOGYM1 Manager, Talent Acquisition TALENT MANAGEMENT 4HUMAN RESOURCESM1 Manager, Talent Development TALENT MANAGEMENT 4HUMAN RESOURCESM1 Manager, Technical Proj Mgmt PROJECT MANAGEMENT 4ADMINISTRATIONM1 Manager, Traffic Engineering ENGINEERING 3SCIENCES & ENGINEERINGM1 Manager, Transportation Ops TRANSPORTATION 2OPERATIONSM1 Manager, Transportation Plng TRANSPORTATION PLANNING 1PLANNINGM1 Manager, Video Production MEDIA 4MARKETING & CREATIVE SERVICESM1 Manager, Water Field Ops WATER UTILITIES 2OPERATIONSM1 Manager, Wellness BENEFITS 4HUMAN RESOURCESM1 Master Electrician FACILITIES & FLEET 2OPERATIONSOT6 Mechanical Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Mechanical Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Mechanical Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Municipal Court Administrator JUDICIAL 4LEGALS2 Municipal Court Case Worker JUDICIAL 4LEGALA5 Natural Areas Trail Ranger OPERATIONS 5PROTECTIVE SERVICESOT4 Officer I, Enforcement OPERATIONS 5PROTECTIVE SERVICESOT2 Officer I, Transportation Ops TRANSPORTATION 2OPERATIONSOT2 Officer II, Enforcement OPERATIONS 5PROTECTIVE SERVICESOT3 Operator I, Transit TRANSPORTATION 2OPERATIONSOT2 Operator I, Transportation Ops TRANSPORTATION 2OPERATIONSOT2 Operator II, Transit TRANSPORTATION 2OPERATIONSOT3 Operator II, Transportation Op TRANSPORTATION 2OPERATIONSOT3 Paralegal LEGAL 4LEGALA6 2.2 Packet Pg. 48 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Park Ranger OPERATIONS 5PROTECTIVE SERVICESOT4 Partner, Human Resources TALENT MANAGEMENT 4HUMAN RESOURCESP2 Planner, City CITY PLANNING 1PLANNINGP2 Planner, Environmental ENVIRONMENTAL PLANNING 1PLANNINGP2 Planner, Transit TRANSPORTATION PLANNING 1PLANNINGP2 Planner, Transportation TRANSPORTATION PLANNING 1PLANNINGP2 Plans Examiner BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA6 Police Assistant Chief POLICE ADMINISTRATION 5PROTECTIVE SERVICESM3 Police Corporal COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESS1 Police Lieutenant COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESM2 Police Officer COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESOT6 Police Psychologist INVESTIGATION 5PROTECTIVE SERVICESP4 Police Sergeant COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESS2 Probation Officer JUDICIAL 4LEGALA5 Project Analyst PROJECT MANAGEMENT 4ADMINISTRATIONP1 Project Coordinator PROJECT MANAGEMENT 4ADMINISTRATIONA5 Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP2 Reliability Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Rep I, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA2 Rep II, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA3 Rep II, Police Records PROCESSING SUPPORT 5PROTECTIVE SERVICESA3 Specialist, Active Modes TRANSPORTATION PLANNING 1PLANNINGP1 Specialist, City Planning CITY PLANNING 1PLANNINGP1 Specialist, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESP1 Specialist, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEP1 Specialist, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEP1 Specialist, Econ Sustainabilty ECONOMIC SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Facilities FACILITIES & FLEET 2OPERATIONSP1 Specialist, Outreach INVESTIGATION 5PROTECTIVE SERVICESP1 Specialist, Public Engagement OUTREACH 4CUSTOMER SERVICEP1 Specialist, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Sales SALES 4MARKETING & CREATIVE SERVICESP1 Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP1 Specialist, Social Sustain SOCIAL SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Talent Acquisition TALENT MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Talent Development TALENT MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Wellness BENEFITS 4HUMAN RESOURCESP1 Sr Accountant ACCOUNTING 4FINANCE & ACCOUNTINGP3 Sr Administrator, Database DATABASE 3TECHNOLOGYP3 Sr Administrator, Systems SYSTEMS 3TECHNOLOGYP3 Sr Analyst, Administration ADMINISTRATION 4ADMINISTRATIONP3 Sr Analyst, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP3 Sr Analyst, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYP3 Sr Analyst, Budget BUDGET 4FINANCE & ACCOUNTINGP3 Sr Analyst, Business FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP3 Sr Analyst, Compensation COMPENSATION 4HUMAN RESOURCESP3 Sr Analyst, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP3 Sr Analyst, GIS GIS 3TECHNOLOGYP3 Sr Analyst, HRIS HRIS 4HUMAN RESOURCESP3 Sr Analyst, IT Security INFORMATION SECURITY 3TECHNOLOGYP3 Sr Analyst, Systems SYSTEMS 3TECHNOLOGYP3 Sr Analyst, Treasury TREASURY / INVESTMENT 4FINANCE & ACCOUNTINGP3 Sr Architect, Landscape PARK PLANNING 1PLANNINGP3 Sr Buyer PURCHASING 4FINANCE & ACCOUNTINGP3 Sr Coord, Sales Tax Audit Rev REVENUE 4FINANCE & ACCOUNTINGA5 Sr Coordinator, AP ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Active Modes TRANSPORTATION PLANNING 1PLANNINGA5 Sr Coordinator, Benefits BENEFITS 4HUMAN RESOURCESA5 Sr Coordinator, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA5 Sr Coordinator, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, HRIS HRIS 4HUMAN RESOURCESA5 Sr Coordinator, Marketing MARKETING 4MARKETING & CREATIVE SERVICESA5 2.2 Packet Pg. 49 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Sr Coordinator, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Public Engage OUTREACH 4CUSTOMER SERVICEA5 Sr Coordinator, Recreation RECREATION 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, Risk Mgmt RISK MANAGEMENT 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESA5 Sr Coordinator, Wellness BENEFITS 4HUMAN RESOURCESA5 Sr Engineer, Network NETWORK 3TECHNOLOGYP3 Sr Engineer, Systems SYSTEMS 3TECHNOLOGYP3 Sr Facilities Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Inspector, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Inspector, Construction COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Inspector, Zoning COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Legal Assistant LEGAL 4LEGALA4 Sr Locator, Elec Dist Field Op ELECTRIC UTILITIES 2OPERATIONSOT4 Sr Manager, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGM2 Sr Manager, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYM2 Sr Manager, Benefits BENEFITS 4HUMAN RESOURCESM2 Sr Manager, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEM2 Sr Manager, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Compensation COMPENSATION 4HUMAN RESOURCESM2 Sr Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEM2 Sr Manager, Econ Sustainabilty ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Elec Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Emergency Comms COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESM2 Sr Manager, Env Sustain ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Facilities & Fleet FACILITIES & FLEET 2OPERATIONSM2 Sr Manager, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Information Svcs PROCESSING SUPPORT 5PROTECTIVE SERVICESM2 Sr Manager, Mechanical Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Neighborhood Svcs NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEM2 Sr Manager, Network Engineerng NETWORK 3TECHNOLOGYM2 Sr Manager, OEM PROJECT MANAGEMENT 4ADMINISTRATIONM2 Sr Manager, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Sales Tax/Revenue REVENUE 4FINANCE & ACCOUNTINGM2 Sr Manager, Sciences SCIENCES 3SCIENCES & ENGINEERINGM2 Sr Manager, Social Sustainblty SOCIAL SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Technology TECHNOLOGY 3TECHNOLOGYM2 Sr Manager, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Transit TRANSPORTATION 2OPERATIONSM2 Sr Manager, Transportation Pln TRANSPORTATION PLANNING 1PLANNINGM2 Sr Manager, Water Engineering ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Mgr, Safety & Risk Mgmt SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESM2 Sr Planner, City CITY PLANNING 1PLANNINGP3 Sr Planner, Environmental ENVIRONMENTAL PLANNING 1PLANNINGP3 Sr Planner, Transportation TRANSPORTATION PLANNING 1PLANNINGP3 Sr Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Rep, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA4 Sr Spc, Neighborhood Svcs NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEP2 Sr Spc, Process Improvement PROJECT MANAGEMENT 4ADMINISTRATIONP2 Sr Specialist, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESP2 Sr Specialist, Cust Support CUSTOMER SERVICE 4CUSTOMER SERVICEP2 Sr Specialist, Econ Sustain ECONOMIC SUSTAINABILITY 1SUSTAINABILITYP2 Sr Specialist, Env Compliance COMPLIANCE 1SUSTAINABILITYP2 Sr Specialist, Enviro Sustain ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP2 Sr Specialist, OEM PROJECT MANAGEMENT 4ADMINISTRATIONP2 Sr Specialist, Outreach INVESTIGATION 5PROTECTIVE SERVICESP2 Sr Specialist, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP2 Sr Specialist, Public Engage OUTREACH 4CUSTOMER SERVICEP2 Sr Specialist, Real Estate FACILITIES & FLEET 2OPERATIONSP2 Sr Specialist, Recreation RECREATION 1CULTURE, PARKS & RECREATIONP2 Sr Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP2 Sr Specialist, Social Sustain SOCIAL SUSTAINABILITY 1SUSTAINABILITYP2 2.2 Packet Pg. 50 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Sr Supervisor, AR / Billing ACCOUNTING 4FINANCE & ACCOUNTINGS2 Sr Supervisor, Bldg & Dev Rev BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCES2 Sr Supervisor, CSO COLLECTIVE BARGAINING UNIT 5BPROTECTIVE SERVICESS2 Sr Supervisor, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Cust Support CUSTOMER SERVICE 4CUSTOMER SERVICES2 Sr Supervisor, Electric Dist ELECTRIC UTILITIES 2OPERATIONSS2 Sr Supervisor, Emergency Comms COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESS2 Sr Supervisor, Facilities FACILITIES & FLEET 2OPERATIONSS2 Sr Supervisor, Fleet FACILITIES & FLEET 2OPERATIONSS2 Sr Supervisor, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, HRIS HRIS 4HUMAN RESOURCESS2 Sr Supervisor, Information Svc PROCESSING SUPPORT 5PROTECTIVE SERVICESS2 Sr Supervisor, Maintenance PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Marketing MARKETING 4MARKETING & CREATIVE SERVICESS2 Sr Supervisor, Mechanical Engr ENGINEERING 3SCIENCES & ENGINEERINGS2 Sr Supervisor, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Neighbrhood Svc NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCES2 Sr Supervisor, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Plant Ops PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Plant Ops PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Process Support PROCESSING SUPPORT 5PROTECTIVE SERVICESS2 Sr Supervisor, Project Mgmt PROJECT MANAGEMENT 4ADMINISTRATIONS2 Sr Supervisor, Public Engage OUTREACH 4CUSTOMER SERVICES2 Sr Supervisor, Recreation RECREATION 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Sciences SCIENCES 3SCIENCES & ENGINEERINGS2 Sr Supervisor, Transit TRANSPORTATION 2OPERATIONSS2 Sr Supervisor, Transportn Ops TRANSPORTATION 2OPERATIONSS2 Sr Tech, Processing Support PROCESSING SUPPORT 5PROTECTIVE SERVICESA5 Sr Tech, Transportation Ops TRANSPORTATION 2OPERATIONSOT5 Sr Technical Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Technician, Client Services CLIENT SERVICES 3TECHNOLOGYA5 Sr Technician, Facilities FACILITIES & FLEET 2OPERATIONSOT5 Sr Technician, Fiber FIBER 3TECHNOLOGYOT5 Sr Technician, Maintenance PLANT OPERATIONS 2OPERATIONSOT5 Sr Technician, Network Engr NETWORK 3TECHNOLOGYA5 Sr Technician, Police Admin POLICE ADMINISTRATION 5PROTECTIVE SERVICESA5 Sr Technician, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGOT5 Sr Technician, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA5 Sr Technician, Water Field Ops WATER UTILITIES 2OPERATIONSOT5 Supervisor, Administration ADMINISTRATION 4ADMINISTRATIONS1 Supervisor, Bldg & Dev Rev BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCES1 Supervisor, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGS1 Supervisor, Client Services CLIENT SERVICES 3TECHNOLOGYS1 Supervisor, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONS1 Supervisor, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICES1 Supervisor, Energy Services FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Enforcement OPERATIONS 5PROTECTIVE SERVICESS1 Supervisor, Facilities FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Fleet FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Network Engr NETWORK 3TECHNOLOGYS1 Supervisor, Plant Operations PLANT OPERATIONS 2OPERATIONSS1 Supervisor, Plant Operations PLANT OPERATIONS 2OPERATIONSS1 Supervisor, Transit TRANSPORTATION 2OPERATIONSS1 Tech II, Processing Support PROCESSING SUPPORT 5PROTECTIVE SERVICESA4 Tech II, Sales Tax Audit & Rev REVENUE 4FINANCE & ACCOUNTINGA4 Tech II, Transportation Ops TRANSPORTATION 2OPERATIONSOT4 Technical Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP2 Technician I, Bldg Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA3 Technician I, Civil Engr ENGINEERING 3SCIENCES & ENGINEERINGOT3 Technician I, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEOT3 Technician I, Facilities FACILITIES & FLEET 2OPERATIONSOT3 Technician I, Fiber FIBER 2OPERATIONSOT3 Technician I, Fleet FACILITIES & FLEET 2OPERATIONSOT3 Technician I, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 Technician I, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 2.2 Packet Pg. 51 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Technician I, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 Technician I, Police Admin POLICE ADMINISTRATION 5PROTECTIVE SERVICESA3 Technician I, Water Field Util WATER UTILITIES 2OPERATIONSOT3 Technician II, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYA4 Technician II, Civil Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Client Services CLIENT SERVICES 3TECHNOLOGYA4 Technician II, Energy Services FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Facilities FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Fiber FIBER 3TECHNOLOGYOT4 Technician II, Fleet FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT4 Technician II, GIS GIS 3TECHNOLOGYA4 Technician II, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESA4 Technician II, Maintenance PLANT OPERATIONS 2OPERATIONSOT4 Technician II, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT4 Technician II, Network Engr NETWORK 3TECHNOLOGYA4 Technician II, Police Records PROCESSING SUPPORT 5PROTECTIVE SERVICESA4 Technician II, Sciences SCIENCES 3SCIENCES & ENGINEERINGA4 Technician II, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA4 Technician II, Water Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Wtr Field Util WATER UTILITIES 2OPERATIONSOT4 Victim Advocate INVESTIGATION 5PROTECTIVE SERVICESA4 Water Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Worker I, Facilities FACILITIES & FLEET 2OPERATIONSOT1 Worker I, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT1 Worker I, Recreation OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT1 Worker I, Transit TRANSPORTATION 2OPERATIONSOT1 Worker I, Transportation Ops TRANSPORTATION 2OPERATIONSOT1 Worker II, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONOT2 Worker II, Facilities FACILITIES & FLEET 2OPERATIONSOT2 Worker II, Fleet FACILITIES & FLEET 2OPERATIONSOT2 2.2 Packet Pg. 52 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCETABLE: 1 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,393.08 $4,524.08 $5,655.12 $9,802.17$7,351.67 $147,033.00$117,626.00$88,220.00 $12,252.75 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,098.92 $4,131.88 $5,164.85 $8,952.42$6,714.33 $134,286.00$107,429.00$80,572.00 $11,190.50 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,804.77 $3,739.69 $4,674.62 $8,102.67$6,077.00 $121,540.00$97,232.00$72,924.00 $10,128.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,302.65 $3,070.19 $3,837.73 $6,652.08$4,989.08 $99,781.00$79,825.00$59,869.00 $8,315.08 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,026.35 $2,701.77 $3,377.23 $5,853.83$4,390.42 $87,808.00$70,246.00$52,685.00 $7,317.33 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 2.00 P3 $2,281.04 $3,041.38 $3,801.73 $6,589.67$4,942.25 $98,845.00$79,076.00$59,307.00 $8,237.08 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,007.31 $2,676.42 $3,345.54 $5,798.92$4,349.17 $86,984.00$69,587.00$52,190.00 $7,248.67 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,766.46 $2,355.23 $2,944.08 $5,103.00$3,827.33 $76,546.00$61,236.00$45,928.00 $6,378.83 BIWEEKLY MONTHLY ANNUAL Page 8 of 20 2.2 Packet Pg. 53 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCETABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,008.73 $2,510.92 $3,013.12 $5,440.33$4,352.25 $78,341.00$65,284.00$52,227.00 $6,528.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,826.15 $2,282.65 $2,739.19 $4,945.75$3,956.67 $71,219.00$59,349.00$47,480.00 $5,934.92 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,660.12 $2,075.15 $2,490.19 $4,496.17$3,596.92 $64,745.00$53,954.00$43,163.00 $5,395.42 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,494.12 $1,867.65 $2,241.15 $4,046.58$3,237.25 $58,270.00$48,559.00$38,847.00 $4,855.83 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,344.69 $1,680.88 $2,017.08 $3,641.92$2,913.50 $52,444.00$43,703.00$34,962.00 $4,370.33 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,156.92 $2,696.15 $3,235.38 $5,841.67$4,673.33 $84,120.00$70,100.00$56,080.00 $7,010.00 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,941.23 $2,426.54 $2,911.85 $5,257.50$4,206.00 $75,708.00$63,090.00$50,472.00 $6,309.00 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,747.12 $2,183.88 $2,620.65 $4,731.75$3,785.42 $68,137.00$56,781.00$45,425.00 $5,678.08 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,572.38 $1,965.50 $2,358.58 $4,258.58$3,406.83 $61,323.00$51,103.00$40,882.00 $5,110.25 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,415.15 $1,768.96 $2,122.73 $3,832.75$3,066.17 $55,191.00$45,993.00$36,794.00 $4,599.25 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,273.65 $1,592.04 $1,910.46 $3,449.42$2,759.58 $49,672.00$41,393.00$33,115.00 $4,139.33 BIWEEKLY MONTHLY ANNUAL Page 9 of 20 2.2 Packet Pg. 54 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 2 OPERATIONSTABLE: 2 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $4,186.00 $5,581.31 $6,976.65 $12,092.83$9,069.67 $181,393.00$145,114.00$108,836.00 $15,116.08 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,558.08 $4,744.12 $5,930.12 $10,278.92$7,709.17 $154,183.00$123,347.00$92,510.00 $12,848.58 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,024.38 $4,032.50 $5,040.62 $8,737.08$6,552.83 $131,056.00$104,845.00$78,634.00 $10,921.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,412.54 $3,216.69 $4,020.88 $6,969.50$5,227.17 $104,543.00$83,634.00$62,726.00 $8,711.92 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,123.00 $2,830.69 $3,538.35 $6,133.17$4,599.83 $91,997.00$73,598.00$55,198.00 $7,666.42 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 3.00 P2 $1,909.62 $2,546.15 $3,182.69 $5,516.67$4,137.50 $82,750.00$66,200.00$49,650.00 $6,895.83 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,680.46 $2,240.62 $2,800.77 $4,854.67$3,641.00 $72,820.00$58,256.00$43,692.00 $6,068.33 BIWEEKLY MONTHLY ANNUAL Page 10 of 20 2.2 Packet Pg. 55 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 2 OPERATIONSTABLE: 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,180.38 $2,725.46 $3,270.58 $5,905.17$4,724.17 $85,035.00$70,862.00$56,690.00 $7,086.25 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,982.15 $2,477.69 $2,973.23 $5,368.33$4,294.67 $77,304.00$64,420.00$51,536.00 $6,442.00 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,801.96 $2,252.46 $2,702.96 $4,880.33$3,904.25 $70,277.00$58,564.00$46,851.00 $5,856.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,638.15 $2,047.69 $2,457.23 $4,436.67$3,549.33 $63,888.00$53,240.00$42,592.00 $5,324.00 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,489.23 $1,861.54 $2,233.85 $4,033.33$3,226.67 $58,080.00$48,400.00$38,720.00 $4,840.00 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,353.85 $1,692.31 $2,030.77 $3,666.67$2,933.33 $52,800.00$44,000.00$35,200.00 $4,400.00 BIWEEKLY MONTHLY ANNUAL Page 11 of 20 2.2 Packet Pg. 56 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 3 SCIENCES & ENGINEERING, TECHNOLOGYTABLE: 3 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $4,106.35 $5,475.15 $6,843.92 $11,862.83$8,897.08 $177,942.00$142,354.00$106,765.00 $14,828.50 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,570.77 $4,761.00 $5,951.27 $10,315.50$7,736.67 $154,733.00$123,786.00$92,840.00 $12,894.42 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,105.00 $4,140.00 $5,175.00 $8,970.00$6,727.50 $134,550.00$107,640.00$80,730.00 $11,212.50 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,700.00 $3,600.00 $4,500.00 $7,800.00$5,850.00 $117,000.00$93,600.00$70,200.00 $9,750.00 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,376.00 $3,168.00 $3,960.00 $6,864.00$5,148.00 $102,960.00$82,368.00$61,776.00 $8,580.00 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $3,336.62 $4,448.81 $5,561.00 $9,639.08$7,229.33 $144,586.00$115,669.00$86,752.00 $12,048.83 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,936.23 $3,914.96 $4,893.69 $8,482.42$6,361.83 $127,236.00$101,789.00$76,342.00 $10,603.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,583.88 $3,445.15 $4,306.42 $7,464.50$5,598.42 $111,967.00$89,574.00$67,181.00 $9,330.58 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $2,273.81 $3,031.73 $3,789.69 $6,568.75$4,926.58 $98,532.00$78,825.00$59,119.00 $8,211.00 BIWEEKLY MONTHLY ANNUAL Page 12 of 20 2.2 Packet Pg. 57 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 3 SCIENCES & ENGINEERING, TECHNOLOGYTABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,077.46 $2,596.85 $3,116.23 $5,626.50$4,501.17 $81,022.00$67,518.00$54,014.00 $6,751.83 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,888.62 $2,360.77 $2,832.92 $5,115.00$4,092.00 $73,656.00$61,380.00$49,104.00 $6,138.00 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,716.92 $2,146.15 $2,575.38 $4,650.00$3,720.00 $66,960.00$55,800.00$44,640.00 $5,580.00 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 2.00 OT5 $2,129.50 $2,661.85 $3,194.23 $5,767.33$4,613.92 $83,050.00$69,208.00$55,367.00 $6,920.83 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,953.65 $2,442.08 $2,930.50 $5,291.17$4,232.92 $76,193.00$63,494.00$50,795.00 $6,349.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,758.31 $2,197.88 $2,637.46 $4,762.08$3,809.67 $68,574.00$57,145.00$45,716.00 $5,714.50 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,582.46 $1,978.08 $2,373.69 $4,285.83$3,428.67 $61,716.00$51,430.00$41,144.00 $5,143.00 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,424.23 $1,780.27 $2,136.35 $3,857.25$3,085.83 $55,545.00$46,287.00$37,030.00 $4,628.75 BIWEEKLY MONTHLY ANNUAL Page 13 of 20 2.2 Packet Pg. 58 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGALTABLE: 4 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,842.88 $5,123.88 $6,404.85 $11,101.75$8,326.25 $166,526.00$133,221.00$99,915.00 $13,877.17 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,341.69 $4,455.54 $5,569.46 $9,653.67$7,240.33 $144,806.00$115,844.00$86,884.00 $12,067.17 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,905.81 $3,874.38 $4,843.00 $8,394.50$6,295.92 $125,918.00$100,734.00$75,551.00 $10,493.17 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,223.00 $2,999.62 $3,705.00 $6,499.17$4,816.50 $96,330.00$77,990.00$57,798.00 $8,027.50 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,956.23 $2,608.31 $3,260.38 $5,651.33$4,238.50 $84,770.00$67,816.00$50,862.00 $7,064.17 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $2,715.38 $3,620.54 $4,525.65 $7,844.50$5,883.33 $117,667.00$94,134.00$70,600.00 $9,805.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,424.46 $3,232.62 $4,040.77 $7,004.00$5,253.00 $105,060.00$84,048.00$63,036.00 $8,755.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,133.54 $2,844.69 $3,555.88 $6,163.50$4,622.67 $92,453.00$73,962.00$55,472.00 $7,704.42 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,877.50 $2,503.35 $3,129.19 $5,423.92$4,067.92 $81,359.00$65,087.00$48,815.00 $6,779.92 BIWEEKLY MONTHLY ANNUAL Page 14 of 20 2.2 Packet Pg. 59 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGALTABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $1,925.08 $2,406.31 $2,887.58 $5,213.67$4,171.00 $75,077.00$62,564.00$50,052.00 $6,256.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,750.04 $2,187.58 $2,625.08 $4,739.75$3,791.75 $68,252.00$56,877.00$45,501.00 $5,687.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,590.96 $1,988.69 $2,386.42 $4,308.83$3,447.08 $62,047.00$51,706.00$41,365.00 $5,170.58 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,431.85 $1,789.81 $2,147.77 $3,877.92$3,102.33 $55,842.00$46,535.00$37,228.00 $4,653.50 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,288.69 $1,610.85 $1,933.00 $3,490.17$2,792.17 $50,258.00$41,882.00$33,506.00 $4,188.17 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,609.23 $2,011.54 $2,413.85 $4,358.33$3,486.67 $62,760.00$52,300.00$41,840.00 $5,230.00 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,448.31 $1,810.38 $2,172.46 $3,922.50$3,138.00 $56,484.00$47,070.00$37,656.00 $4,707.00 BIWEEKLY MONTHLY ANNUAL Page 15 of 20 2.2 Packet Pg. 60 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 5 PROTECTIVE SERVICES (non-CBU)TABLE: 5 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,547.35 $4,729.77 $5,912.23 $10,247.83$7,685.92 $153,718.00$122,974.00$92,231.00 $12,809.83 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,015.23 $4,020.31 $5,025.38 $8,710.67$6,533.00 $130,660.00$104,528.00$78,396.00 $10,888.33 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,562.96 $3,417.27 $4,271.58 $7,404.08$5,553.08 $111,061.00$88,849.00$66,637.00 $9,255.08 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,065.69 $2,754.23 $3,442.81 $5,967.50$4,475.67 $89,513.00$71,610.00$53,708.00 $7,459.42 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,817.81 $2,423.73 $3,029.65 $5,251.42$3,938.58 $78,771.00$63,017.00$47,263.00 $6,564.25 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $2,569.46 $3,425.92 $4,282.42 $7,422.83$5,567.17 $111,343.00$89,074.00$66,806.00 $9,278.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,234.31 $2,979.08 $3,723.85 $6,454.67$4,841.00 $96,820.00$77,456.00$58,092.00 $8,068.33 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $1,966.19 $2,621.58 $3,277.00 $5,680.08$4,260.08 $85,202.00$68,161.00$51,121.00 $7,100.17 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,730.23 $2,307.00 $2,883.77 $4,998.50$3,748.83 $74,978.00$59,982.00$44,986.00 $6,248.17 BIWEEKLY MONTHLY ANNUAL Page 16 of 20 2.2 Packet Pg. 61 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 5 PROTECTIVE SERVICES (non-CBU)TABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,262.85 $2,828.54 $3,394.23 $6,128.50$4,902.83 $88,250.00$73,542.00$58,834.00 $7,354.17 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $2,057.12 $2,571.38 $3,085.69 $5,571.33$4,457.08 $80,228.00$66,856.00$53,485.00 $6,685.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,870.08 $2,337.62 $2,805.15 $5,064.83$4,051.83 $72,934.00$60,778.00$48,622.00 $6,077.83 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,700.08 $2,125.12 $2,550.12 $4,604.42$3,683.50 $66,303.00$55,253.00$44,202.00 $5,525.25 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,530.08 $1,912.58 $2,295.12 $4,143.92$3,315.17 $59,673.00$49,727.00$39,782.00 $4,972.75 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,683.15 $2,103.92 $2,524.69 $4,558.50$3,646.83 $65,642.00$54,702.00$43,762.00 $5,470.17 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,514.81 $1,893.54 $2,272.23 $4,102.67$3,282.08 $59,078.00$49,232.00$39,385.00 $4,923.17 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,363.31 $1,704.19 $2,045.04 $3,692.42$2,953.83 $53,171.00$44,309.00$35,446.00 $4,430.92 BIWEEKLY MONTHLY ANNUAL Page 17 of 20 2.2 Packet Pg. 62 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 5A COLLECTIVE BARGAINING UNIT (CBU) - COMMUNICATIONSTABLE: 5A 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 2.00 M2 $4,551.96 $4,872.38 $5,192.69 $10,556.83$9,862.58 $135,010.00$126,682.00$118,351.00 $11,250.83 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,974.12 $3,237.35 $3,500.58 $7,014.25$6,443.92 $91,015.00$84,171.00$77,327.00 $7,584.58 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,980.04 $2,337.58 $2,695.19 $5,064.75$4,290.08 $70,075.00$60,777.00$51,481.00 $5,839.58 BIWEEKLY MONTHLY ANNUAL Page 18 of 20 2.2 Packet Pg. 63 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 5B COLLECTIVE BARGAINING UNIT (CBU) - COMMUNITY SERVICES OPERATIONSTABLE: 5B 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 4.00 S2 $3,186.81 $3,231.50 $3,276.15 $7,001.58$6,904.75 $85,180.00$84,019.00$82,857.00 $7,098.33 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $2,188.27 $2,583.31 $2,978.35 $5,597.17$4,741.25 $77,437.00$67,166.00$56,895.00 $6,453.08 BIWEEKLY MONTHLY ANNUAL Page 19 of 20 2.2 Packet Pg. 64 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) CITY OF FORT COLLINS 2021 PAY PLAN 5C COLLECTIVE BARGAINING UNIT (CBU) - SWORN OPERATIONSTABLE: 5C 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 2.00 M2 $4,972.77 $5,185.15 $5,397.54 $11,234.50$10,774.33 $140,336.00$134,814.00$129,292.00 $11,694.67 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $4,011.15 $4,286.58 $4,562.00 $9,287.58$8,690.83 $118,612.00$111,451.00$104,290.00 $9,884.33 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $3,895.96 $3,950.58 $4,005.15 $8,559.58$8,441.25 $104,134.00$102,715.00$101,295.00 $8,677.83 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,675.27 $3,158.17 $3,641.08 $6,842.71$5,796.42 $94,668.00$82,112.50$69,557.00 $7,889.00 BIWEEKLY MONTHLY ANNUAL Page 20 of 20 2.2 Packet Pg. 65 Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Job Title 1 2 3 4 5 6 7 8 9 10LINE GROUNDWORKER $49,404 $51,775 $54,261 $56,865 $59,596 $62,456 $65,516 $68,783ELECTRIC LINEWORKER $68,878 $72,768 $74,935 $77,172 $79,513 $81,890 $84,337 $87,377 $90,610 $96,099LINE CREW CHIEF $100,424 $104,808ELECTRIC METER TECH $55,515 $61,060 $65,209 $69,326 $73,411 $77,455ELECTRONIC TECHNICIAN II $64,979 $72,640 $78,673 $84,641 $90,659SUBSTATION SPECIALIST $70,558 $78,876 $85,427 $91,908 $98,443SUBSTATION ELEC/COMM SPEC $80,249 $88,478 $96,356 $103,902 $111,963ELECTRIC SYSTEMS OPERATOR $68,878 $73,415 $77,951 $82,488 $87,025 $91,562 $96,099PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132LEAD PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132 $78,888 $82,645WATER UTILITY MAINT OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854WATER METER SYSTEMS OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854WATER METER TECHNICIAN $43,617 $47,420 $50,269 $53,279 $56,484 $60,854MECHANIC $49,419 $54,779 $56,946 $59,246 $61,613 $64,081 $66,647 $68,951BUILDING INSPECTOR $56,415 $61,933 $64,424 $67,295 $69,926 $72,727 $75,633 $78,710LEAD BUILDING INSPECTOR $62,056 $68,141 $70,869 $74,039$76,970 $80,038 $83,208 $86,581CITY OF FORT COLLINS2021 PAY PLANStep LaddersStep2.2Packet Pg. 66Attachment: Ordinance No. 018, 2021 (9922 : SR 018 2021 Pay Plan) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer -Fisher Annexation No. 1 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 19, 2021, annexes the first of two sequential tracts of land known collectively as the Springer -Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer - Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 019, 2021 (PDF) 3 Packet Pg. 67 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Springer-Fisher Annexation No. 1. EXECUTIVE SUMMARY A. Resolution 2021-008 Setting Forth Findings of Fact and Determinations Regarding the Springer-Fisher Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of two sequential tracts of land known collectively as the Springer- Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer-Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting two sequential annexations. Springer-Fisher Annexation No. 1. is the first of this series of two sequential annexations, and totals 71.34 acres. The Annexation No. 1 property has 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. ATTACHMENT 1 3.1 Packet Pg. 68 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9923 : SR 019 Springer Fisher No. 1) Agenda Item 12 Item # 12 Page 2 Contiguity The land within Annexation No. 1 consists of 71.34 acres, with 1,323.29 feet of the total perimeter of 7,484.15 feet (17%) being contiguous on the north to the 1995 Fisher-Lemay Avenue Third Annexation. This contiguity satisfies the requirement that one-sixth (1/6) (16%) of its perimeter boundary be contiguous with existing City limits. Enclave Implications Annexing this 71.34-acre tract does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 15, 2020, Council unanimously adopted Resolutions 2020-114 and 2020-115, initiating a series of annexations of property owned by Springer-Fisher Inc., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District, and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020, meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N) zone districts, and that portions of the property be included in the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Map (PDF) 3. Petition (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Existing Zoning Map (PDF) 7. Structure Plan Map (PDF) 8. East Mulberry Corridor Plan Map (PDF) 9. Zoning Concept Plan (PDF) 10. Annexation Impact Report (PDF) 3.1 Packet Pg. 69 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9923 : SR 019 Springer Fisher No. 1) -1- ORDINANCE NO. 019, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SPRINGER-FISHER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 15, 2020, City Council adopted Resolution 2020-114 finding substantial compliance and initiating annexation proceedings for the Springer-Fisher Annexation No. 1, as defined therein and described below; and WHEREAS, Resolution 2021-114 setting forth findings of fact and determinations regarding the Springer-Fisher Annexation No. 1 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Springer-Fisher Annexation No. 1 as described below (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2020- 114 and Resolution 2021-007 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE NORTH 00°13'30" EAST FOR 37.00 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT AT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; THENCE N89°12'17"W, A DISTANCE OF 640.46 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; 3.2 Packet Pg. 70 Attachment: Ordinance No. 019, 2021 (9923 : SR 019 Springer Fisher No. 1) -2- THENCE ON SAID EAST LINE FOR THE FOLLOWING 6 COURSES; 1. THENCE N13°44'09"W, A DISTANCE OF 211.80 FEET; 2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET; 3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET; 4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET; 5. THENCE N43°21'09"W, A DISTANCE OF 362.79 FEET; 6. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON SAID WEST LINE TO THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE N00°17'04"E, A DISTANCE OF 1323.84 FEET ON THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST QUARTER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995, 2016”; THENCE S88°56'09"E, A DISTANCE OF 1323.29 FEET ON THE NORTH LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER- WEST 1/16TH CORNER THEREOF MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE S00°13'30"W, A DISTANCE OF 2604.35 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,107,842 SQUARE FEET OR 71.346 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Springer-Fisher Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. 3.2 Packet Pg. 71 Attachment: Ordinance No. 019, 2021 (9923 : SR 019 Springer Fisher No. 1) -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 3.2 Packet Pg. 72 Attachment: Ordinance No. 019, 2021 (9923 : SR 019 Springer Fisher No. 1) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 020, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 1, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on January 19, 2021, applie s zoning to the property included in the first of two sequential annexations. Springer-Fisher Annexation No. 1 is located northwest of the East Mulberry Street and Greenfields Court intersection. The proposed zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer Co unty as C-Commercial and I- Industrial zoning districts to the east, south and west. The abutting City limit to the north is zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement of the portions of the Springer-Fisher Annexation No. 1 that are zoned L-M-N and M-M-N into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 020, 2021 (PDF) 4 Packet Pg. 73 Agenda Item 12 Item # 13 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 020, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 1, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to apply zoning to the property included in the first of two sequential annexations. Springer-Fisher Annexation No. 1 is located northwest of the East Mulberry Street and Greenfields Court intersection. The proposed zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial zoning districts to the east, south and west. The abutting City limit to the north is zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement of the portions of the Springer-Fisher Annexation No. 1 that are zoned L-M-N and M-M-N into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation conforms to the larger surrounding area of existing industrial and commercial businesses and single-family residential homes. The surrounding land uses, and zoning are as follows: North: Vacant, and Low Density Mixed-Use Neighborhood (L-M-N) South: Existing commercial in County East: Vacant, and existing commercial in County West: Existing commercial and industrial in County The requested zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The requested zoning is based on the future land use policy direction in the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. ATTACHMENT 1 4.1 Packet Pg. 74 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9924 : SR 020 Springer Fisher No. 1 Zone) Agenda Item 12 Item # 13 Page 2 City of Fort Collins Structure Plan Mixed Neighborhoods Principal Land Use: Single-family detached homes, duplexes, triplexes, and townhomes. Supporting Land Use: ADUs, small scale multifamily buildings, small-scale retail, restaurants/cafes, community and public facilities, parks and recreational facilities, schools, places of worship. Density between five and 20 principal dwelling units per acre (typically equates to an average of seven to 12 dwelling units per acre). Opportunity to provide alternatives to the more typical single-family detached homes or apartments available in Fort Collins, such as duplexes, townhomes and ADUs. Higher densities are more likely to support higher- frequency transit service and additional neighborhood services in adjoining districts. Specific opportunities should be explored as part of future subarea and neighborhood planning. Where greenfield opportunities remain, new Mixed-Neighborhoods should be required to provide a mix of housing options. Suburban Mixed-Use Principal Land Use: Retail, restaurants, office, and other commercial services. Supporting Land Use: High- density residential, entertainment, childcare centers, and other supporting uses. Densities and building heights will vary; building heights will generally be between one and five-stories but may be higher in some locations. Mixed-use districts provide opportunities for a range of retail and commercial services, office and employment, multifamily residential, civic, and other complementary uses in a compact, pedestrian and transit-supportive setting. Suburban Mixed-Use Districts help meet the needs of surrounding neighborhoods and populations beyond. Although largely auto-oriented today, the integration of higher-density residential and a broader mix of retail/ restaurants, office and entertainment uses is encouraged to help reinvigorate underutilized centers, expand housing options where transit exists or is planned, and improve access to services and amenities in both existing and new districts. The Structure Plan map shows approximately 75% of the area within the Springer-Fisher property as Mixed- Neighborhoods, and 25% Suburban Mixed-Use designations (Attachment 3). The proposed zoning includes approximately 50% Mixed-Use Neighborhoods with the Low Density Mixed-Use Neighborhoods, and Medium Density Mixed-Use Neighborhoods zone areas. There is a potential for an additional 25% residential uses as part of secondary uses within the Employment and Neighborhood Commercial zones. The Springer-Fisher property includes a combination of General Commercial, Neighborhood Commercial and Employment zoning within the lower half of the site. The proposed non-residential zoning is consistent with the Structure Plan designation of Suburban Mixed-Use designation. The Structure Plan future land use designations represent general citywide policy guidance. The Land Use Code does not include zoning to reflect these new designations in City Plan, until an update is completed. The East Mulberry Corridor Plan (EMCP) reflects more detailed and specific land use policy guidance than City Plan. The proposed Springer-Fisher zoning is based on the future land use designations in the EMCP Framework Plan map. East Mulberry Corridor Plan Future residential neighborhoods will be integrated with existing residential subdivisions, and be within proximity to shopping, recreation, and employment destinations. A neighborhood commercial center will be located at Greenfields Court and north of East Mulberry Street to provide neighborhood-oriented services within proximity to the existing and future residents. The Employment District’s primary uses will include offices and institutions, light industrial uses, and research and development activities. Secondary uses, such as hotels, restaurants, convenience shopping, and housing, will complement or support the primary employment workplace uses. The East Mulberry Corridor Plan (EMCP) includes five future land use designations within the Springer-Fisher property, including General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density 4.1 Packet Pg. 75 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9924 : SR 020 Springer Fisher No. 1 Zone) Agenda Item 12 Item # 13 Page 3 Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). These designations reflect the policy direction of the plan for a commercial mixed-use district and supporting higher-density mixed- use neighborhoods within walking distance to the commercial hub located northwest of the East Mulberry and Greenfields Court intersection. The proposed Springer-Fisher property residential zoning for the L-M-N and M-M-N areas is consistent with the EMCP designation areas both at approximately 40 acres. Of this amount, the proposed zoning includes a greater percentage of M-M-N (30 acres) than L-M-N (10 acres), to more closely match the M-M-N zoning east of Greenfields Court and provide a larger mix of higher density residential adjacent to the Neighborhood Commercial zone to the south. The Springer-Fisher proposed zoning includes a total of approximately 37 acres of non-residential zoning areas, consistent with the EMCP. Zoning Types EMCP (Acres) Proposed Zoning (Acres) +/-Difference LMN 26.6 10.1 -16.5 MMN 14.5 30.1 15.6 NC 10.0 10.0 0.0 E 19.6 10.0 -9.6 CG 7.1 17.6 10.5 Total: 77.8 77.8 Staff recommends Council find that the proposed Springer-Fisher zoning is consistent with the City Structure Plan and East Mulberry Corridor Plan future land use policy direction. Sign District Staff recommends that the portions of the Springer-Fisher Annexation No. 1 located in the M-M-N and L-M-N zone districts be placed within the Residential Neighborhood Sign District which imposes a greater degree of regulation on signage in areas of the community where the predominant character of the neighborhood is residential. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020 meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N) zone districts, and the portions of the property located in the M-M-N and L-M-N zone districts be placed within the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation and zoning. 4.1 Packet Pg. 76 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9924 : SR 020 Springer Fisher No. 1 Zone) Agenda Item 12 Item # 13 Page 4 ATTACHMENTS 1. Vicinity Map (PDF) 2. Existing Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. East Mulberry Corridor Plan Map (PDF) 5. Zoning Concept Plan (PDF) 6. Proposed Zoning Map (PDF) 4.1 Packet Pg. 77 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9924 : SR 020 Springer Fisher No. 1 Zone) -1- ORDINANCE NO. 020, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRINGER-FISHER ANNEXATION NO. 1, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, on February 2, 2021, the City Council adopted on second reading Ordinance No. 019, 2021, annexing to the City of Fort Collins the property known as the Springer-Fisher Annexation No. 1 (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 17, 2020, unanimously recommended zoning the Property as Low Density Mixed-Use Neighborhood (“L-M-N”), Medium Density Mixed-Use Neighborhood (“M-M-N”); Neighborhood Commercial (“N-C”), General Commercial (“G-C”), and Employment (“E”) as more particularly described below and determined that the proposed zonings are consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zonings of the Property are consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zonings against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zonings to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zonings of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the as Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: 4.2 Packet Pg. 78 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) -2- BEING THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995, 2016”; THENCE S88°56'09"E, A DISTANCE OF 661.64 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 9 TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE S00°15'17"W, A DISTANCE OF 661.13 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N89°00'18"W, A DISTANCE OF 661.97 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N00°17'04"E, A DISTANCE OF 661.92 FEET ON SAID WEST LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 437,764 SQUARE FEET OR 10.050 ACRES. Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Medium Density Mixed-Use Neighborhood (“M-M- N”) Zone District as more particularly described as: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER-WEST 1/16TH CORNER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE S00°13'30"W, A DISTANCE OF 1320.67 FEET ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER 1/16TH CORNER OF SAID SOUTHWEST QUARTER; THENCE N89°04'26"W, A DISTANCE OF 1324.62 FEET TO THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE N00°17'04"E, A DISTANCE OF 661.92 FEET ON THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 4.2 Packet Pg. 79 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) -3- TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE S89°00'18"E, A DISTANCE OF 661.97 FEET ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE SOUTHEAST CORNER THEREOF; THENCE N00°15'17"E, A DISTANCE OF 661.13 FEET ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTHEAST CORNER THEREOF; THENCE S88°56'09"E, A DISTANCE OF 661.64 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING. PARCEL CONTAINS 1,312,692 SQUARE FEET OR 30.135 ACRES Section 4. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Neighborhood Commercial (“N-C”) Zone District as more particularly described as: PART THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER 1/16TH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE S00°13'30"W, A DISTANCE OF 660.34 FEET ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N90°00'00"W, A DISTANCE OF 655.01 FEET; THENCE N00°13'30"E, A DISTANCE OF 670.93 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE S89°04'26"E, A DISTANCE OF 655.05 FEET ON THE SAID NORTH LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 435,989 SQUARE FEET OR 10.009 ACRES. Section 5. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: 4.2 Packet Pg. 80 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) -4- PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE N89°12'17"W, A DISTANCE OF 631.24 FEET ON THE SOUTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID EAST LINE FOR THE FOLLOWING 5 COURSES; 1. THENCE N13°44'09"W, A DISTANCE OF 250.02 FEET; 2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET; 3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET; 4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET; 5. THENCE N43°21'09"W, A DISTANCE OF 30.72 FEET; THENCE N52°01'10"E, A DISTANCE OF 141.59 FEET; THENCE N90°00'00"E, A DISTANCE OF 897.55 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 ; THENCE S00°13'30"W, A DISTANCE OF 660.34 FEET ON SAID EAST LINE OF TO THE POINT OF BEGINNING. PARCEL CONTAINS 510,381 SQUARE FEET OR 11.717 ACRES. Section 6. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Employment (“E”) Zone District as more particularly described as: PART THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE S89°04'26"E, A DISTANCE OF 669.57 FEET ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; 4.2 Packet Pg. 81 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) -5- THENCE S00°13'30"W, A DISTANCE OF 670.93 FEET; THENCE N90°00'00"W, A DISTANCE OF 242.55 FEET; THENCE S52°01'10"W, A DISTANCE OF 141.59 FEET TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID EAST LINE FOR THE FOLLOWING 2 COURSES; 1. THENCE N43°21'09"W, A DISTANCE OF 332.07 FEET; 2. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON THE SAID WEST LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 434,543 SQUARE FEET OR 9.976 ACRES Section 7. That the Residential Neighborhood Sign District Map adopted pursuant to Section 3.8.7.1(M) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the portions of the Property to be zoned Low Density Mixed-Use Neighborhood (“L-M-N”) and Medium Density Mixed-Use Neighborhood (“M-M-N”) described herein are included in the Residential Neighborhood Sign District. Section 8. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. 4.2 Packet Pg. 82 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) -6- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 4.2 Packet Pg. 83 Attachment: Ordinance No. 020, 2021 (9924 : SR 020 Springer Fisher No. 1 Zone) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 021, 2021, Annexing the Property Known as the Springer -Fisher Annexation No. 2 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 19, 2021, annexes the second of two sequential tracts of land collectively known as the Springer -Fisher Annexations. Springer-Fisher Annexation No. 2 consists of 5.46 acres, establishes the required 1/6 contiguity with the Springer -Fisher Annexation No. 1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 021, 2021 (PDF) 5 Packet Pg. 84 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Springer-Fisher Annexation No. 2. EXECUTIVE SUMMARY A. Resolution 2021-009 Setting Forth Findings of Fact and Determinations Regarding the Springer-Fisher Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 021, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of two sequential tracts of land collectively known as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 2 consists of 5.46 acres, establishes the required 1/6 contiguity with the Springer-Fisher Annexation No. 1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting two sequential annexations, Springer-Fisher Annexation No. 1 and Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2. is the second of this series of two sequential annexations, totals 5.46 acres, establishes the required 1/6 perimeter boundary contiguity with the Springer-Fisher Annexation No.1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. ATTACHMENT 1 5.1 Packet Pg. 85 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9925 : SR 021 Springer Fisher Annex 2) Agenda Item 14 Item # 14 Page 2 Contiguity The land within Annexation No. 2 consists of 5.46 acres with 626.67 feet of the total perimeter of 2129.43 feet (29%) being contiguous with the Springer-Fisher Annexation No. 1. This contiguity satisfies the requirements that one-sixth (1/6) (16%) of the perimeter boundary be contiguous with existing City limits. Enclave Implications Annexing this 5.46-acre tract does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 15, 2020, Council initiated the Springer-Fisher Annexation No. 1 and No. 2 by unanimously adopting Resolutions 2020-114 and 2020-115, finding that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020, meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Map (PDF) 3. Petition (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Existing Zoning Map (PDF) 7. Structure Plan Map (PDF) 8. East Mulberry Corridor Plan Map (PDF) 9. Zoning Concept Plan (PDF) 10. Annexation Impact Report (PDF) 5.1 Packet Pg. 86 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9925 : SR 021 Springer Fisher Annex 2) -1- ORDINANCE NO. 021, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SPRINGER-FISHER ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 15, 2020 City Council adopted Resolution 2020-115 finding substantial compliance and initiating annexation proceedings for the Springer-Fisher Annexation No. 2, as defined therein and described below; and WHEREAS, Resolution 2021-008 setting forth findings of fact and determinations regarding the Springer-Fisher Annexation No. 2 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Springer-Fisher Annexation No. 2 as described below (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2020- 115 and Resolution 2021-008 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”; THENCE N00°17'21"E, A DISTANCE OF 37.00 FEET ON THE WEST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE COLORADO STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; 5.2 Packet Pg. 87 Attachment: Ordinance No. 021, 2021 (9925 : SR 021 Springer Fisher Annex 2) -2- THENCE N00°17'21"E, A DISTANCE OF 728.91 FEET ON THE WEST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON THE SOUTHWEST LINE OF THE AFORE REFERENCED BOOK 2300, PAGE 1701 FOR THE FOLLOWING 4 COURSES; 1. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET; 2. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET; 3. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET; 4. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE S00°40'52"W, A DISTANCE OF 317.61 FEET ON SAID WEST LINE TO THE NORTH RIGHT OF WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 14; THENCE N89°12'17"W, A DISTANCE OF 459.01 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 237,828 SQUARE FEET OR 5.460 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Springer-Fisher Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. 5.2 Packet Pg. 88 Attachment: Ordinance No. 021, 2021 (9925 : SR 021 Springer Fisher Annex 2) -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 5.2 Packet Pg. 89 Attachment: Ordinance No. 021, 2021 (9925 : SR 021 Springer Fisher Annex 2) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 022, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 2. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on January 19, 2021, applies zoning to the property included in the second of two sequential annexations, Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2 is located northwest of the intersection of East Mulberry Street and Greenfields Court. The proposed zoning for this annexation is General Commercial (C -G). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C -Commercial and I-Industrial (I) to the east, south and west. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 022, 2021 (PDF) 6 Packet Pg. 90 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 022, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer-Fisher Annexation No. 2. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to apply zoning to the property included in the second of two sequential annexations, Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2 is located northwest of the intersection of East Mulberry Street and Greenfields Court. The proposed zoning for this annexation is General Commercial (C-G). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial (I) to the east, south and west. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The surrounding land uses, and zoning are as follows: North: Vacant, Low Density Mixed-Use Neighborhood (L-M-N) South: Existing commercial uses and County commercial East: Vacant, County commercial West: Existing industrial uses and County industrial and commercial The requested zoning for this annexation is General Commercial (C-G). The requested zoning conforms to the larger surrounding area of existing industrial and commercial businesses and single-family residential homes and is based on the future land use policy direction in the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. City of Fort Collins Structure Plan City Plan describes the following place types for the area included within the annexation: Mixed Neighborhood Principal Land Use: Single-family detached homes, duplexes, triplexes, and townhomes. Supporting Land Use: Accessory Dwelling Units (ADUs), small scale multifamily buildings, small-scale retail, ATTACHMENT 1 6.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9926 : SR 022 Springer Fisher Annex 2 Zone) Agenda Item 15 Item # 15 Page 2 restaurants/cafes, community and public facilities, parks and recreational facilities, schools, places of worship. Density between five and 20 principal dwelling units per acre (typically equates to an average of seven to 12 dwelling units per acre). Opportunity to provide alternatives to the more typical single-family detached homes or apartments available in Fort Collins, such as duplexes, townhomes and ADUs. Higher densities are more likely to support higher- frequency transit service and additional neighborhood services in adjoining districts. Specific opportunities should be explored as part of future subarea and neighborhood planning. Where greenfield opportunities remain, new Mixed-Neighborhoods should be required to provide a mix of housing options. Suburban Mixed-Use Principal Land Use: Retail, restaurants, office, and other commercial services. Supporting Land Use: High-density residential, entertainment, childcare centers, and other supporting uses. Densities and building heights will vary; building heights will generally be between one and five-stories but may be higher in some locations. Mixed-use districts provide opportunities for a range of retail and commercial services, office and employment, multifamily residential, civic, and other complementary uses in a compact, pedestrian and transit-supportive setting. Suburban Mixed-Use Districts help meet the needs of surrounding neighborhoods and populations beyond. Although largely auto-oriented today, the integration of higher-density residential and a broader mix of retail/ restaurants, office and entertainment uses is encouraged to help reinvigorate underutilized centers, expand housing options where transit exists or is planned, and improve access to services and amenities in both existing and new districts. The Structure Plan map shows approximately 75% of the area within the Springer-Fisher Annexation No. 1 and No. 2 properties under the Mixed Neighborhood designation, and 25% under the Suburban Mixed-Use designation (Attachment 4). The proposed zoning includes approximately 50% Mixed-Use Neighborhood with the Low Density Mixed-Use Neighborhood and Medium Density Mixed-Use Neighborhoods zone districts. There is a potential for an additional 25% in residential uses as secondary uses within both the Employment and Neighborhood Commercial zones. The Springer-Fisher property includes a combination of General Commercial, Neighborhood Commercial and Employment zoning within the lower half of site. The proposed non-residential zoning is consistent with the Structure Plan designation of Suburban Mixed-Use designation. The Structure Plan future land use designations represent general citywide policy guidance. The Land Use Code does not include zoning that directly corresponds to these place type designations in City Plan. The East Mulberry Corridor Plan (EMCP) reflects more detailed and specific land use policy guidance than City Plan. The proposed Springer-Fisher zoning is based more directly on the future land use designations in the EMCP Framework Plan map. East Mulberry Corridor Plan The following guidance is provided in the East Mulberry Corridor Plan: Future residential neighborhoods will be integrated with existing residential subdivisions, and be within proximity to shopping, recreation, and employment destinations. A neighborhood commercial center will be located at Greenfields Court and north of East Mulberry Street to provide neighborhood-oriented services within proximity to the existing and future residents. The Employment District’s primary uses will include offices and institutions, light industrial uses, and research and development activities. Secondary uses, such as hotels, restaurants, convenience shopping, and housing, will complement or support the primary employment workplace uses. The EMCP includes one future land use designation within the Springer-Fisher Annexation No. 2 property, General Commercial (C-G). This designation reflects the policy direction of the plan for a commercial mixed-use district and supporting higher-density mixed-use neighborhoods within walking distance to the commercial hub, located northwest of the East Mulberry and Greenfields Court intersection. 6.1 Packet Pg. 92 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9926 : SR 022 Springer Fisher Annex 2 Zone) Agenda Item 15 Item # 15 Page 3 Staff recommends Council find the proposed Springer-Fisher Annexation No. 2 zoning is consistent with the City Structure Plan and East Mulberry Corridor Plan future land use policy direction. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020 meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C-G) zone district. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020 for the proposed annexation and zoning. ATTACHMENTS 1. Vicinity Map (PDF) 2. Proposed Zoning Map (PDF) 3. Existing Zoning Map (PDF) 4. Structure Plan Map (PDF) 5. East Mulberry Corridor Plan Map (PDF) 6. Zoning Concept Plan (PDF) 6.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (9926 : SR 022 Springer Fisher Annex 2 Zone) -1- ORDINANCE NO. 022, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRINGER-FISHER ANNEXATION NO. 2 WHEREAS, on February 2, 2021, the City Council adopted on second reading Ordinance No. 021, 2021, annexing to the City of Fort Collins the property known as the Springer-Fisher Annexation No. 2 (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 17, 2020, unanimously recommended zoning the Property General Commercial (“G-C”) as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the General Commercial (“G-C”) Zone District the Property more particularly described as: PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: 6.2 Packet Pg. 94 Attachment: Ordinance No. 022, 2021 (9926 : SR 022 Springer Fisher Annex 2 Zone) -2- BEGINNING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”; THENCE N00°17'21"E, A DISTANCE OF 765.91 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID WEST LINE FOR THE FOLLOWING 4 COURSES; 1. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET; 2. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET; 3. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET; 4. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE S00°40'52"W, A DISTANCE OF 354.61 FEET ON SAID WEST LINE TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N89°12'17"W, A DISTANCE OF 458.76 FEET ON SAID SOUTH LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 254,807 SQUARE FEET OR 5.850 ACRES. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. 6.2 Packet Pg. 95 Attachment: Ordinance No. 022, 2021 (9926 : SR 022 Springer Fisher Annex 2 Zone) -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 6.2 Packet Pg. 96 Attachment: Ordinance No. 022, 2021 (9926 : SR 022 Springer Fisher Annex 2 Zone) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Nina Bodenhamer, City Give Director John Duval, Legal SUBJECT First Reading of Ordinance No. 023, 2021, Appropriating Philanthropic Revenue Received by City Give and Authorizing a Transfer to be Used for Ongoing COVID -19 Community Relief and Recovery. EXECUTIVE SUMMARY The purpose of this item is to appropriate $100,000 in philanthropic revenue in the General Fund City Give Reserves for Covid-19 community relief and recover y received from donor Broadcom, Inc. The intent of the charitable gift, facilitated and secured by City Give and as designated by Broadcom Inc., is to support the critical and expanded needs of essential community services and organizations resulting from the pandemic. It’s the donor’s determination the City possess unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local Covid -19 relief and recovery. Per the donor’s designation, the City will distribute $50,000 of the total gift to two community partners: CARE Housing to be used toward eviction prevention and on-site learning hubs to provide Internet access and academic support to K-12 students, and Meals on Wheels in support of their mission to provide meals to homebound seniors. The remaining $50,000 will be awarded at $25,000 each to the Utilities Payment Assistance Program in the Utility Customer Service & Admin Fund and to the Digital Access and Equity Program in the General Fund in support of the City’s partnership with Code for America. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The purpose of this item is to appropriate $100,000 in philanthropic revenue in the General Fund City Give Reserves for COVID-19 community relief and recovery. The intent of the charitable gift is designated by the donor, Broadcom Inc., to support the critical and essential needs of our residents during this unprecedented national and community crisis. CARE Housing: $25,000 CARE Housing maintains seven high-quality, affordable rental communities across Fort Collins to meet the needs of individuals, families, seniors and people living with disabilities with low and very lo w incomes. The CARE Eviction Prevention fund provides housing stability through financial counseling and payment assistance for outstanding rent balances. Funding will also support CARE Learning Hubs which offer remote school-aged learners with on-site internet, computer access and academic support. CARE Learning Hubs are a partnership with The Matthews House and the Boys & Girls’ Club for staffing and transportation to ensure students in need have opportunities for rich and robust digital access. 7 Packet Pg. 97 Agenda Item 7 Item # 7 Page 2 City of Fort Collins - Code for America: $25,000 Recently, the City was selected by Code for America as a recipient of a 20/21 Fellowship to develop an online application to the City’s Digital Equity program. This online application will enroll income -qualified residents in a discounted rate for Connexion internet service but also serve as a footprint for a single point of entry to all City income-qualified programs. Our partnership with Code for America will produce a digital portal for enrollment and income verification which, in turn, allows the City to more effectively serve its lowest income earners through a wide range of programs including discounted recreation access and annual grocery tax rebates. Fort Collins Utilities Payment Assistance Program: $25,000 More families and individuals than ever before are navigating financial insecurity and are unable to pay their electric and water bills. Currently, over 3,500 Fort Collins households are in danger of having their utilities shut off. Nearly double the number of households facing disconnect this time last year. Due to the public spotlight this community crisis has received across the state and in our community, many organizations and agencies are working to protect utility customers from discontinued services, including the waiver of late and reconnection fees since April, and a State moratorium on cutoffs. However, outstanding utility debt continues to amass. The Payment Assistance Fund provides debt relief to residents with outstanding utility electric and water charges. Meals on Wheels: $25,000 Meals on Wheels Fort Collins provides nutritious, hot noontime meals and social interaction to Fort Collins seniors and eligible clients in their homes five days a week. A long-standing partnership with UC Health is a critical aspect of this community collaboration as meal preparation is overseen by PVH Dietetic and kitchen staff. Last year, Meals on Wheels delivered over 50,000 meals through the tremendous commitment of over 200 volunteers. And, like many direct service community providers, the pandemic has created extreme increased demand for meals. Although the social aspect of their service is not currently viable, the meal delivery to seniors is more critical than ever before: clients are not only food insecure, but they also represent those most vulnerable to the pandemic. CITY FINANCIAL IMPACTS This Ordinance will appropriate $100,000 of unanticipated philanthropic revenue from General Fund, City Give Reserves account for: (i) the transfer of $25,000 to the Fort Collins Utilities Payment Assistance Program in the Utility Customer Service & Admin Fund, (ii) the appropriation of $25,000 for the City’s Digital Access & Equity Program, and (iii) the appropriation of $50,000 for grants of $25,000 each to comm unity partners CARE Housing and Meals on Wheels (as detailed above). The funds have been received and accepted per City Give Administrative and Financial Policy. 7 Packet Pg. 98 -1- ORDINANCE NO. 023, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY CITY GIVE AND AUTHORIZING A TRANSFER TO BE USED FOR ONGOING COVID-19 COMMUNITY RELIEF AND RECOVERY WHEREAS, the City has received from Broadcom Inc. a donation of $100,000 to be used by the City for COVID-19 community relief and recovery (the “Donation”); and WHEREAS, the Donation has been deposited in the City Gives Reserves account in the City’s General Fund; and WHEREAS, Broadcom Inc. and the City have identified together four different uses of the Donation with $25,000 to be paid to the community partner CARE Housing to be used for eviction prevention and onsite learning hubs providing access to the Internet and academic support to K-12 students, $25,000 to be paid to the community partner Meals on Wheels to be used in support of its mission to provide meals to homebound seniors, $25,000 to be used by the City in its Utilities Payment Assistance Program, and $25,000 to be used by the City in its Digital Access and Equity Program; and WHEREAS, the individual grants to the community partners and the City’s use of its share of the Donation, as directed in this Ordinance, will benefit the health, safety and welfare of the residents of Fort Collins and will serve the public purposes of supporting eviction prevention and providing onsite learning hubs to provide access to the Internet and academic support to K - 12 students in Fort Collins, providing nutritious meals to home-bound seniors in Fort Collins, assisting financially the City’s utility customers in danger of having their services disconnected due the economic downturn caused by the COVID-19 pandemic, and supporting the City’s partnership with Code for America to provide discounted Connexion Internet service to low- income residents; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriations described herein and determined these appropriations are available and previously unappropriated from the General Fund and the Utility Customer Service & Admin Fund, as applicable, and will not cause th e total amount appropriated General Fund and the Utility Customer Service & Admin Fund, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that Packet Pg. 99 -2- the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the City Manager has recommended the transfer described herein and determined that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated philanthropic revenue in the General Fund, City Give Reserves account, the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be used as a grant to the City’s community partner CARE Housing for eviction prevention and for onsite learning hubs providing access to the Internet and academic support to K-12 students. Section 3. That there is hereby appropriated from unanticipated philanthropic revenue in the General Fund, City Give Reserves account, the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be used as a grant to the City’s community partner Meals on Wheels in support of its mission to provide meals to homebound seniors. Section 4. That there is hereby appropriated from unanticipated philanthropic revenue in the General Fund, City Give Reserves account, the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for transfer to the Utility Customer Service & Admin Fund and appropriated therein for the Utilities Payment Assistance Program. Section 5. That there is hereby appropriated from unanticipated philanthropic revenue in the General Fund, City Give Reserves account, the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be used in the City’s Digital Access and Equity Program. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 100 -3- Passed and adopted on final reading on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 101 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Beth Rosen, Grants Compliance & Policy Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 024, 2021, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated Community Development Block Grant (CDBG) funding in the amount of $760,023 from the Department of Housing and Urban Development (HUD) for COVID-19 response and recovery. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a formula basis to eligible cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities for low- and moderate- income persons. Recipient communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG -CV) funds. The City received initial funding of $649,203 in April 2020 and quickly deployed the funds to meet urgent community needs benefiting low- and moderate-income persons. Those funds were appropriated by Council on May 19, 2020, with Ordinance No. 065, 2020, and allocated to eligible public service projects as adopted by Council with Resolution 2020-054 on June 2, 2020. On September 11, 2020, the City received notification from HUD that it was receiving an additional allocation of $760,023. These funds must be allocated to help prevent, prepare for, and respond to the COVID -19 pandemic. The City recovery team has prioritized the use of these fu nds for public service activities that prevent at-risk populations from exposure to the virus and mitigate the economic impacts of the pandemic to low-and moderate-income households. City staff is currently assessing the remaining funding needs and revi ewing applications from eligible nonprofit organizations. Funding requests will be scored according to established priorities and presented to the Community Development Block Grant (CDBG) Commission for a final funding recommendation at its regular meeting on February 10, 2021. This recommendation will be presented to Council for approval at its regular meeting on March 2, 2021. This appropriation will allow for expedient deployment of the funds once a Council - approved funding recommendation has been adopted. 8 Packet Pg. 102 Agenda Item 8 Item # 8 Page 2 CITY FINANCIAL IMPACTS This will increase the City’s total CDBG-CV allocation for Coronavirus relief and recovery from $649,203 to $1,409,226. These additional funds will assist in critical response and recovery efforts not funded by other sources. ATTACHMENTS 1. Award Letter (PDF) 8 Packet Pg. 103 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT www.hud.gov espanol.hud.gov September 11, 2020 The Honorable Wade Troxell Mayor of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Mayor Troxell: I am pleased to inform you of a special allocation to your jurisdiction of Community Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing effects of this historic public health crisis. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, the Department immediately allocated $2 billion on March 27, 2020, the same day President Trump signed the Act, based on the fiscal year 2020 CDBG formula; this constituted the first round of CDBG-CV funds. Next, $1 billion was required by the Act to be allocated to States and insular areas within 45 days of enactment of the Act; HUD accomplished this on May 11, 2020, and this constituted the second round of CDBG-CV funds. Finally, the remaining $2 billion in CDBG-CV funds was required by the Act to be allocated to states and local governments at the discretion of the Secretary on a rolling basis; HUD accomplished this on September 11, 2020, and this constituted the third round of CDBG-CV funds. Additionally, up to $10 million will be set aside for technical assistance. Accordingly, this letter informs you that your jurisdiction’s allocation for the third round is $760,023. Your cumulative amount for all allocation rounds is $1,409,226. The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases, for the annual FY2019 and FY2020 CDBG grants in these unprecedented times. The public comment period is reduced to not less than 5 days, grantees may use virtual public hearings when necessary for public health reasons, the public services cap is suspended during the emergency, and States and local governments may reimburse costs of eligible activities incurred for pandemic response regardless of the date. In addition, the CARES Act authorizes the HUD Secretary to grant waivers and alternative requirements of statutes and regulations the HUD Secretary administers in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, ATTACHMENT 1 8.1 Packet Pg. 104 Attachment: Award Letter (9904 : CDBG-CV Funding Appropriation) prepare for, and respond to coronavirus. The CDBG CARES Act Federal Register Notice (FR-6218-N-01) was released on August 10, 2020. The notice describes the allocations and grant procedures applicable to the CDBG-CV grants. It also describes the program flexibilities, waivers, and alternative requirements that apply to the CDBG-CV grants as well as the fiscal year 2019 and 2020 CDBG grants. As further such flexibilities become available, they will be posted on HUD’s website and distributed to grantees. The Department will also support grantees with technical assistance. As you develop your plan for the use of these grant funds, we encourage you to consider approaches that prioritize the unique needs of low- and moderate–income persons and the development of partnerships between all levels of government and the private for-profit and non- profit sectors. You should coordinate with state and local health authorities before undertaking any activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight, reporting, and the requirement that each grantee have adequate procedures to prevent the duplication of benefits (DOB). HUD will provide guidance and technical assistance on DOB, the prevention of fraud, waste, and abuse, and on documenting the impact of this program for beneficiaries. Reminder, all CPD Grantees must ensure they maintain active Dun and Bradstreet Numbering System (DUNS) numbers in the System for Award Management (SAM) system. Entities must have an active and unexpired DUNS before execution of grant agreements to avoid delays in the obligation of funds- which will delay your ability to drawdown funds in the Integrated Disbursement & Information System (IDIS). Grantees are required to maintain an active SAMs registration by re-activating their DUNS number annually in the SAM system for the entire drawdown period of their grants. DUNS numbers can be registered and renewed each year at the following website: https://www.sam.gov/SAM/. The Office of Community Planning and Development (CPD) is looking forward to working with you to successfully meet the urgent and complex challenges faced by our communities. If you or any member of your staff has questions, please contact your local CPD Field Office Director or CPDQuestionsAnswered@hud.gov. Sincerely, John Gibbs Acting Assistant Secretary for Community Planning and Development U.S. Department of Housing and Urban Development 8.1 Packet Pg. 105 Attachment: Award Letter (9904 : CDBG-CV Funding Appropriation) -1- ORDINANCE NO. 024, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR COVID-19 RESPONSE AND RECOVERY WHEREAS, the City receives annual grants of funds from the federal Department of Housing and Urban Development (“HUD”) Community Development Block Grant (“CDBG”) entitlement program to help support affordable housing and other programs to benefit low- and moderate-income persons; and WHEREAS, on March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law, making available $5 billion in Community Development Block Grant Coronavirus (“CDBG-CV”) funds; and WHEREAS, the City received $649,203 of CDBG-CV funds from HUD, which the City Council appropriated on May 19, 2020, pursuant to Ordinance No. 065, 2020, and allocated to eligible public service projects as specified in Resolution 2020-054, approved by the Council on June 2, 2020; and WHEREAS, HUD is now allocating to the City an additional $760,023 of CDBG-CV funds that must be spent to help prevent, prepare for, and respond to the impacts of the COVID - 19 pandemic; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting timely response to and recovery from the impacts of the COVID-19 pandemic; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 106 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Community Development Block Grant Fund, the sum of SEVEN HUNDRED SIXTY THOUSAND TWENTY-THREE DOLLARS ($760,023), to be used towards COVID-19 response and recovery. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 107 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF David Betley, Civil Engineering Manager Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 025, 2021, Vacating Portions of Grant Avenue Alley Right -of-Way. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of an alley right-of-way (ROW). The original grant of the Grant Avenue alley ROW is contained in the West Side Addition Plat, Book 1, Page 19 of Larimer County Clerk and Recorder Records. The residents of 420 and 428 Grant Avenue have initiated a conceptual review under the City’s Development Review process. In this review process, staff became aware that portions of the City’s right-of-way for the North Grant Avenue alley had never been opened f or public access and remain undeveloped and blocked by fences and well-established landscaping. At this time, only telecommunication lines run through this portion of the alley ROW, and the vacation reserves a utility easement over a portion of the vacated alley ROW to accommodate this existing utility use. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City was granted right-of-way over the Grant Avenue Alley (the Alley ROW) in 1892. The northwest portion of the Alley ROW is surrounded by Sycamore Street on the North, Grant Avenue to the West, Loomis Avenue to the East, and Cherry Street to the South. This portion of the Alley ROW has never been paved or opened for public access and is currently undeveloped and blocked by fences and well-established landscaping. The City Alley ROW essentially runs through several property owner ’s enclosed rear lots. South of the requested vacation area, there is evidence of public use; thus, this area i n not included in the vacation request. Staff received development proposals from several property owners adjacent to the Grant Avenue alley that would require portions of the alley ROW be vacated to accommodate. City staff has coordinated with utilities and the residents on the vacation. A utility easement will be reserved from the vacation to facilitate the existing utility poles. Staff has no objection to the vacation of this portion of the Grant Avenue Alley ROW. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the Council for formal consideration.  The process includes review by staff, potentially affected utility agencies, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated which is completed. Based on the review of the vacation documents and on comments received, the Planning Development and Transportation Director recommends that the vacation be approved. With the proposed vacation, an easement for utilities will be reserved over a portion of the Alley ROW. 9 Packet Pg. 108 Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS If a portion of the Grant Avenue Alley ROW is vacated, the City will no longer be able to utilize the right-of-way for roadway purposes. The portion of the Alley ROW being vacated has never been opened or developed for public use and did not require any maintenance cost. No cost would be incurred by the City for the vacation. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners, utility providers and potentially impacted departments and Poudre Fire Authority. The application will also go through the public notification process when placed on the Council Agenda. 9 Packet Pg. 109 -1- ORDINANCE NO. 025, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF GRANT AVENUE ALLEY RIGHT-OF-WAY WHEREAS, the City received a dedicated alley right-of-way for the Grant Avenue Alley in 1892 as documented on the West Side Addition Plat, Book1, Page 19 of the Larimer County Clerk and Recorder’s records; and WHEREAS, the current owners of 428 Grant Avenue and 420 Grant Avenue, Fort Collins, Colorado, have approached the City’s Development Review Team about various projects that would require vacation of that portion of the Grant Avenue alley right-of-way that runs through their properties, legally described and depicted on Exhibit “A” attached hereto and incorporated by reference (“Alley ROW”); and WHEREAS, the northwest portion of the Alley ROW is surrounded by Sycamore Street on the North, Grant Avenue to the West, Loomis Avenue to the East, and Cherry Street to the South as shown on Exhibit “B” attached hereto and incorporated by reference; and WHEREAS, the Alley ROW has never been opened for public access or use and it is currently undeveloped and blocked by fences and well-established landscaping; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer has solicited comments from potentially affected parties and recommended approval of the vacation to the Planning, Development and Transportation Director (the “Director”), and the Director recommends to City Council that the request for vacation be approved with the reservation of a utility easement over and under that portion of the Alley ROW legally described and depicted on Exhibit “C” attached hereto and incorporated by reference; and WHEREAS, vacating the Alley ROW will not prejudice or injure the right of the residents of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that a portion of the Alley ROW, more particularly described in Exhibit “A” and visually referenced in Exhibit “B” is no longer needed for right-of-way purposes, subject to reservation of an easement for utility purposes over that real property described and depicted on Exhibit “C”, and it is in the public interest to vacate said right-of-way. Packet Pg. 110 -2- Section 3. That those portions of the Alley ROW more particularly described and depicted on Exhibit “A” attached hereto are hereby vacated, abated and abolished provided, however, that: (1) there is hereby reserved to the City a perpetual easement for utility purposes over, under, and across that portion of the Alley ROW more particularly described and depicted on Exhibit “C”; and (2) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Section 4. In accordance with City Code Section 23-115(f), title to that portion of the Alley ROW vacated by this ordinance shall vest in accordance with Section 43-2-302, C.R.S. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 111 EXHIBIT A A Packet Pg. 112 Attachment: Exhibit A (9920 : Grant Avenue Alley Vacation ORD) A Packet Pg. 113 Attachment: Exhibit A (9920 : Grant Avenue Alley Vacation ORD) 1,128 188.1 FCMaps This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 857 City of Fort Collins - GIS 143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet143.0071.50 Notes Alley Vacation Map Legend Parcels Growth Management Area Parks Schools Natural Areas City Limits EXHIBIT B B Packet Pg. 114 Attachment: Exhibit B (9920 : Grant Avenue Alley Vacation ORD) DESCRIPTION OF A 10-FOOT WIDE UTILITY EASEMENT TO BE RESERVED A 10.00 FOOT WIDE STRIP OF LAND TO BE RESERVED AS A UTILITY EASEMENT, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN BLOCK 284 OF THE WEST SIDE ADDITION TO THE CITY OF FORT COLLINS; SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 284, AND CONSIDERING THE NORTH LINE OF SAID BLOCK 284 TO BEAR EAST AS SHOWN ON THE PLAT OF SAID WEST SIDE ADDITION, SAID LINE BEING MONUMENTED ON ITS WEST END BY A%" SQUARE IRON PIN, AND ON ITS EAST END BY A NO. 4 REBAR WITH NO CAP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID BLOCK 284, N90 °00'00"E, A DISTANCE OF 144.29 FEET TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF AN EXISTING OVERHEAD UTILITY LINE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE, S01 °20'23"E, A DISTANCE OF 89.35 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, S00 °27'32"W, A DISTANCE OF 85.67 FEET TO A POINT ON THE NORTH LINE OF LOT 20, BLOCK 284 OF SAID WEST SIDE ADDITION, SAID POINT BEING THE POINT OF TERMINATION. EXCEPTING THEREFROM, ANY PORTION OF SAID STRIP LYING WITHIN LOTS 15, 16, 17, 18 OR 19 BLOCK 284 OF SAID WEST SIDE ADDITION IT IS THE INTENT OF THIS DESCRIPTION THAT THE SIDELINES OF SAID STRIP BE LENGTHENED OR SHORTENED TO END ON THE NORTH LINE OF SAID BLOCK 284 AT ITS NORTH END, AND ON THE NORTH LINE OF SAID LOT 20 AT ITS SOUTH END. CONTAINING 1688 SQUARE FEET (0.039 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 C Packet Pg. 115 Attachment: Exhibit C (9920 : Grant Avenue Alley Vacation ORD) C Packet Pg. 116 Attachment: Exhibit C (9920 : Grant Avenue Alley Vacation ORD) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Sue Beck-Ferkiss, Social Policy and Housing Programs Manager Ingrid Decker, Legal SUBJECT Resolution 2021-014 Authorizing and Approving the City’s Participation in the Metro Mortgage Assistance Plus Program, and Authorizing the Execution of a Delegation and Participation Agreement with the City and County of Denver in Connection Therewith. EXECUTIVE SUMMARY The purpose of this item is to consider a Resolution allowing resid ents of Fort Collins to participate in a down payment assistance program administered by the City and County of Denver, by approving an agreement between the City of Fort Collins and Denver delegating to Denver the authority to operate the program within Fort Collins. This program expands the range of down payment assistance available in the City to households earning up to $150K (most current programs administered by City partners only go up to 80% AMI) at no cost to the City. This responds to the Council priority of Affordable and Achievable Housing. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION For many years, the City offered a down payment assistance program to first -time home buyers. For generations of homeowners with sufficient income to qualify for a mortgage but not enough income to save for a down payment and/or closing costs, this support was enough to propel them into home ownership and stabilize their housing costs, often leading to intergenerational wealth building. This is still true for some residents. However, with price escalation of both rental and for -sale housing far out-pacing income growth, home ownership has become out of reach for many residents even with down payment assistance. Because of the change in economic circumstances and because many private and public sources of down payment assistance are now available to City residents, the City currently refers residents to outside programs in lieu of offering its own. The metro DPA program, administered by the City of Denver, is offering to allow City residents to participate in its down payment assistance program which would broaden the range of down payment assistance programs available to City residents because: • This program serves incomes up to $150,000 whereas some available programs limit income to 80% area median income (i.e.: $75,250 for a family of 4). • This program offers a 3-year forgivable second loan for various levels of down payment assistance, typically between 4-6% of purchase price. • There is no first-time buyer requirement - meaning even people who have previously owned a home can qualify. • There is no maximum purchase price, although the program is available for home purchase only - not refinancing. • It can serve people with minimum credit scores of 640. 10 Packet Pg. 117 Agenda Item 10 Item # 10 Page 2 Most down payment assistance, including the City’s former program of Home Buyer Assistance, is in the form of a second mortgage. A second mortgage is a lien placed on the property. The City’s former program, and most of the programs available currently do not require payment on the loan unless the mortgage is refinanced, or the home sold. At that time, the assistance must be repaid in full. To support successful home ownership and reduce the chance of foreclosure, typical programs, including metro DPA, require buyers to: • Complete homebuyer education from an approved agency; • Qualify for a mortgage based on household income; and • Use the property as the buyer’s principal place of residence. Denver has been offering this down payment assistance program since 2013. The metro DPA program offers a 30-year, fixed rate mortgage and down payment and closing cost assistance. Because the City and County of Denver is a Housing Finance Authority, it can provide borrowers with a 30-year, fixed rate mortgage at competitive rates through participating lenders and assistance in the form of a 3 -year 0% interest forgivable second mortgage by using capital markets to fund the first mortgage and accompanying assistance. Like the City’s prior program, no monthly payments are required on the down payment assistance. However, in this program, for every month that the first mortgage payment is received, 1/36 th of the loan is forgiven. If the buyer lives in the home for 3 years and makes payments on their first mortgage for 36 months, the buyer will not need to pay back any portion of the assistance. A borrower will not make payments during the first 3 years unless the mortgage is paid off or the borrower ceases to live in the property as thei r principal residence in the first 3 years. So, if the buyer decides to refinance, sell, or no longer live in the property within the first 3 years of ownership, they will owe a portion of the assistance received. For example, if a borrower received $10,00 0 in assistance and refinanced their mortgage after 28 months, the borrower will owe $2,223 when they refinance and $7,777 will be forgiven. Borrowers receive funds at closing through a participating lender and the lenders are reimbursed when the loans are sold to a prearranged servicer. Currently the servicers are Lakeview Loan Servicing LLC and US Bank. Using multiple servicers increases program efficiency, borrower flexibility and rate competitiveness. Hundreds of local lenders, including some in northern Colorado are approved to participate. The metro DPA program had received calls of interest from residents and lenders in Fort Collins hoping to use this program to assist with the purchase of homes in the City. To allow City residents to participate i n the program, the City must approve a Resolution and execute a Delegation and Participation Agreement, a draft of which is attached to the Resolution as Exhibit A. Denver pays set-up and on-going operational costs for the program. The program has expanded to include over 35 Colorado cities and 8 Colorado counties including Larimer County. This means it is already available to people living in unincorporated Larimer County. Adoption of this Resolution makes this program available to those within Fort Collin s city limits. CITY FINANCIAL IMPACTS This program does not cost the City anything and does not affect the City's credit rating. BOARD / COMMISSION RECOMMENDATION Participation in this program was recommended by City Council's Ad Hoc Housing Committee and the Affordable Housing Board. (Attachments 1 and 2) PUBLIC OUTREACH This program was considered by Council's Housing Ad Hoc Committee at its December meeting and the Affordable Housing Board at its January Meeting. These meetings were open to the pub lic. Also, through the outreach for the Housing Strategic Plan, a key element of feedback is the importance of housing stability 10 Packet Pg. 118 Agenda Item 10 Item # 10 Page 3 (which aligns with the Plan’s draft vision that “everyone has healthy, stable housing they can afford”). Expanding down payment assistance options reduces barriers for home ownership, which supports housing stability. A letter of support was received and is attached. (Attachment 3) ATTACHMENTS 1. Ad Hoc Housing Committee Minutes (draft) (PDF) 2. Affordable Housing Board Minutes (draft) (PDF) 3. Constituent Letter of Support (PDF) 10 Packet Pg. 119 1 AD HOC HOUSING COMMITTEE December 10, 2020 5:00pm-7:00pm Zoom Meeting Members: Mayor Pro Tem Stephens, Councilmember Cunniff, Councilmember Gorgol Attendees: Staff Members: Lindsay Ex, Caryn Champine, Meaghan Overton, Clay Frickey, Sue Beck-Ferkiss, Dean Klingner, Carrie Daggett, Jackie Kozak Thiel, Darin Atteberry, David Lenz, Ingrid Decker, Justin Moore, Marcy Yoder, Victoria Shaw, JC Ward, Rita Knoll Community Members: Shelby Sommer, Bob Pawlikowski, Jenn “JR” Rieskamp, Kathy O’Neil, Lindsay Mason, Jennifer Bray, Kyle Kumjian, Kevin Jones, Ehret Nottingham, Grace Curtis, Caley Valdez, Isaiah Dennings, Ava McCall, Christian Dykson, Sam Whitaker, Katrina Vander Horst, Jakob Beckish, Sorbarikor Inene, Joelle, Emely Cruz Arrazola, Jasper Sloss, Lexi Orgill, Liam Bureau, Sophia Shepp, Hannah Taylor, Noah Schindler, Kyle Hill. No last name listed: Lisa, Jesse S., Joseph, Chelsea A. Call to Order: 7:06 Approval of November Minutes and Agenda Review: • Councilmember Cunniff moved to approve November minutes, Councilmember Stephens seconded. Roll call for vote: Unanimous 3-0-0. • Agenda Review Discussion Item: Review Anti-displacement and Housing Stability • Prepared to see evictions rise sharply in 2021 • Eviction prevention strategies o Legal defense funds o Financial literacy programs o Gentrification mapping • Committee discussion o Legal defense fund ▪ Would need staff person to support these efforts ▪ Would contract with Colorado Legal Services ▪ Currently providing some of these resources through CARES funding, 2021 would be extension ▪ Possibility that we’ll receive additional CARES dollars, and may not have to use general fund ▪ Appreciate the “Ask a Lawyer” program, help understanding eviction process ▪ $125k is not a huge sum for the benefits offered ATTACHMENT 1 10.1 Packet Pg. 120 Attachment: Ad Hoc Housing Committee Minutes (draft) (9847 : Metro DPA Downpayment Assistance Partnership) 2 o Mapping via GIS should not require additional staffing resources (supported due to low entry required) ▪ May be existing information already out there that could help with this – i.e. data from equity indicators project o Financial literacy programs ▪ If through Community Development Block Grant (CDBG) Committee, those committee members would decide on use of funds – could provide with a matrix of priorities • Suggestion to consider this as mini-grant program rather than through CDBG Committee ▪ Interest in exploring partnerships ▪ Focused on housing, but could look at broader financial literacy if there’s interest there ▪ What is the biggest need/where’s the biggest gap in our community? o Support from all 3 committee members for legal defense fund – would likely serve 50-80 residents each month between various classes and sessions o Support for gentrification mapping, staff will meet with GIS and start that work o Want to identify needs and gap more clearly related to financial literacy Discussion Item: Explore Funding and Financing Strategies • Median value of City contribution is about $39k per unit • Need to deliver 228 units/year (from affordable housing plan) would require $8.8 million at $39k subsidy per unit • No single line item will meet housing goals • Portfolio approach will be most stable • Potential scale for direct opportunities o Expand existing, pursue linkage fees, and explore new bond and tax opportunities • Indirect and influence opportunities o Include private activity bonds, maximizing state and federal program, and expanding partnerships • Committee discussion o Interest in tax would require broader discussion – other items (Transit, e.g.) are also looking at possibility of taxes o Unsure it’s the right time for a tax, but could open community dialogue about this ▪ Agreement that new sales tax in next 1-2 years would be difficult o Need to fix gap in funding ▪ Interested in fee or tax related to demolition o Committee supports partnership with Metro DPA program (potential quicker win) o Already discussing community land trust options o Previous linkage fee conversation may need to be revisited – especially in relation to luxury developments o Incentivizing developers who are building what we’re looking for ▪ Fees for 1,200 sq ft homes vs. 3,000 sq ft homes – are we prioritizing homes with smaller footprints/multi-dwelling? 10.1 Packet Pg. 121 Attachment: Ad Hoc Housing Committee Minutes (draft) (9847 : Metro DPA Downpayment Assistance Partnership) AFFORDABLE HOUSING BOARD REGULAR MEETING January 7, 2021, 4:00-6:00pm Remote/Online via Zoom due to COVID-19 1/7 /202 1 – MINUTES Page 1 1. CALL TO ORDER: 4:01 2. ROLL CALL • Board Members Present: Jen Bray, John Singleton, Bob Pawlikowski, Tatiana Zentner, Diane Cohn, Daphne Bear, Kristin Fritz • Board Members Absent: None • Staff Members Present: Meaghan Overton, Lindsay Ex, Sue Beck-Ferkiss, Brittany Depew • Presenters: Andrew Johnston, Diana Minardi, David Slivken 3. AGENDA REVIEW – Welcomed new member John Singleton and did introductions 4. CITIZEN PARTICIPATION – NONE 5. APPROVAL OF MINUTES Daphne moved to approve December minutes. Diane seconded. Approved 7-0. 6. NEW BUSINESS A. Poudre River Library District—David Slivken B. Metro Down Payment Assistance (DPA) Program—Andrew Johnston, City of Denver Fort Collins is interested in bringing the Denver DPA Program into our city, which is administered by Denver’s Department of Housing Stability. No cost to the City of Fort Collins. Ultimately will be seeking resolution from City Council to enter agreement with Denver to administer this program in Fort Collins. This program began in 2013 and rebranded in 2018. Offer 3%-6% of loan amount as DPA, home purchases only, no maximum purchase price. No first-time homebuyer requirement, maximum qualifying income is $150,000 (150% of Denver area median income), minimum 640 FICO credit score, homebuyer education required through HUD approved agencies. Discussion: • Would the income limit be the same in Fort Collins or would it be adjusted? o Income limit would be the same as Denver – consistent across metroDPA’s entire service area. • Current program in Fort Collins caps at 80% AMI and is only for first-time homebuyers (with some exceptions). • CHFA also has a program that is statewide, qualifying income limit is $126k currently. • More than 100 lenders already involved in the program. ATTACHMENT 2 10.2 Packet Pg. 122 Attachment: Affordable Housing Board Minutes (draft) (9847 : Metro DPA Downpayment Assistance Partnership) AFFORDABLE HOUSING BOARD REGULAR MEETING 1 /7/20 2 1 – MINUTES Page 2 • Sponsored by the City and County of Denver, and has no federal, state, or local funding. Self-sufficient funding source through good financial relationships with partners. • Lender funds at the time of closing. Tatiana moved to recommend that City Council move forward with metroDPA program. Bob seconded. Passed 7-0-0. (SEE FULL MINUTES FOR REST OF MEETING) 10.2 Packet Pg. 123 Attachment: Affordable Housing Board Minutes (draft) (9847 : Metro DPA Downpayment Assistance Partnership) January 20, 2021 Wade Troxell, Mayor City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 RE: SUPPORT – metroDPA Program: Jurisdiction Approval Dear Mayor Troxell, On behalf of Spire Financial, where success is driven by our commitment to one another and our desire to pursue excellence personally and professionally, I would like to offer this letter of support for the metroDPA Program expanding into the City of Fort Collins community. This program helps foster housing affordability by offering down payment assistance to borrowers. This program requires no investment from the City of Fort Collins. Approving metroDPA would let me help qualified borrowers in the community become homeowners. As a businessperson, offering a program like metroDPA helps me expand my business, stay competitive and support local residents. In today’s high-priced market, the demand from potential homebuyers for an assistance program that increases affordability is evident. In the last two months alone, over 30 Coloradans were able to purchase a home because of metroDPA. I have personally helped dozens of families achieve their homeownership dreams with this program in other Colorado communities since its inception. Approving the program’s expansion into the City of Fort Collins would mean your constituents could also benefit. The municipality approval docs are listed on www.metrodpa.org, towards the bottom of the home page. If you have any questions or wish to discuss this further, please contact Andrew Johnston at (303) 335-6338 or via email at Andrew.Johnston@denvregov.org Sincerely, Jessica Howard | NMLS 1400044 Mortgage Advisor jhoward@spirefinancial.com | www.jhoward.spirefinancial.com ATTACHMENT 3 10.3 Packet Pg. 124 Attachment: Constituent Letter of Support (9847 : Metro DPA Downpayment Assistance Partnership) cc: Susan Gutowsky, Dist. 1 Julie Pignataro, Dist. 2 Ken Summers, Dist. 3 Russ Cunniff, Dist. 5 Emily Gorgol, Dist. 6 10.3 Packet Pg. 125 Attachment: Constituent Letter of Support (9847 : Metro DPA Downpayment Assistance Partnership) -1- RESOLUTION 2021-014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AND APPROVING THE CITY’S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF A DELEGATION AND PARTICIPATION AGREEMENT WITH THE CITY AND COUNTY OF DENVER IN CONNECTION THEREWITH WHEREAS, the City and County of Denver (“Denver”) is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for persons or families that earn 150% or less of the area median income for Denver and to purchase homes intended for use as the sole place of residence by the owners or intended occupants thereof; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans, which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans, for persons or families that earn 150% or less of the area median income for Denver to purchase homes intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); and WHEREAS, Denver has invited the City to participate in the Program, and this resolution would authorize Denver to operate the Program within the City’s jurisdiction; and WHEREAS, the City previously offered its own Home Buyers Assistance program, but no longer does so and now refers residents to other assistance programs serving the community; and WHEREAS, the Program serves a wide range of incomes (currently up to $150,000), serves some people with lower credit scores, and provides a forgivable three-year loan; and WHEREAS, by participating in the Program the City would expand the available housing finance options for Fort Collins residents; and WHEREAS, there would be no cost to the City to participate in the Program, and it will not affect the City’s credit rating; and WHEREAS, to authorize Denver to operate the Program within Fort Collins, the City and Denver would execute a Delegation and Participation Agreement in substantially the form attached hereto as Exhibit “A” and incorporated herein by reference (the “Agreement “); and WHEREAS, the Agreement allows the City to terminate its participation in the Program at any time on thirty days’ notice without affecting existing loans; and WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may cooperate or contract with one another to provide any function or service lawfully authorized to each of the cooperating or contracting units of government; and Packet Pg. 126 -2- WHEREAS, the City Council has determined that it is in the best interests of the City that the City authorize Denver to operate the Program in Fort Collins for the benefit of City residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes and approves the City’s participation in the Program in connection with the financing of mortgage loans for persons or families that earn 150% or less of the area median income for Denver as described herein, and delegates to Denver the City’s authority to operate the Program on behalf of the City. Section 3. That the Mayor is hereby authorized to enter into the Agreement in substantially the form attached as Exhibit “A,” together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, and the City Manager is hereby authorized to execute other Program documents, and to take such other actions as may be necessary or convenient to carry out and give effect to the City’s participation in the Program, consistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 127 4842-3532-0186.3 DELEGATION AND PARTICIPATION AGREEMENT This DELEGATION AND PARTICIPATION AGREEMENT, dated as of February 3, 2021 (this “Delegation and Participation Agreement”), is by and between the CITY OF FORT COLLINS, a legally and regularly created, established, organized and existing home rule charter city and political subdivision under the Constitution and statutes of the State of Colorado (“Fort Collins”) and the CITY AND COUNTY OF DENVER, COLORADO, a legally and regularly created, established, organized and existing home rule charter city and political subdivision under the Constitution and statutes of the State of Colorado (“Denver”), each a “Party”. R E C I T A L S: WHEREAS, the State of Colorado (the “State”) Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State’s political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; and WHEREAS, Denver is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for persons or families that earn 150% or less of the area median income for Denver and to purchase homes intended for use as the sole place of residence by the owners or intended occupants thereof and to promote the health, welfare, safety, convenience and prosperity of the people of Denver; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for persons or families that earn 150% or less of the area median income for Denver to purchase homes intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); and WHEREAS, Fort Collins previously offered its own Home Buyers Assistance Program but no longer does so and now refers residents to other assistance programs serving the Fort Collins community; and WHEREAS, Denver has invited Fort Collins to participate in the Program in order to expand the available housing finance options for Fort Collins residents; and WHEREAS, Fort Collins has the full legal authority to participate in the Program pursuant to the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; Title 31, Article 15, Colorado Revised Statutes, as amended; and the Resolution 2021-014 adopted on February 2, 2021 by the Fort Collins City Council authorizing Fort Collins’s participation in the Program pursuant to this Delegation and Participation Agreement (collectively the “Act”); and WHEREAS, Fort Collins desires to delegate to Denver the authority of Fort Collins to take action and exercise power under the Act on behalf of Fort Collins with respect to the Program within Fort Collins’s boundaries; EXHIBIT A A Packet Pg. 128 Attachment: Exhibit A (9905 : Metro DPA Downpayment Assistance Partnership RESO) 4842-3532-0186.3 NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, Fort Collins and Denver hereby agree as follows: Section 1. Fort Collins hereby delegates to Denver the authority of Fort Collins to take action and exercise power under the Act on behalf of Fort Collins with respect to the Program within Fort Collins’s boundaries. Section 2. Denver hereby accepts the delegation of authority from Fort Collins pursuant to Section 1 hereof and agrees to abide by each of the terms and conditions of this Delegation and Participation Agreement in connection with the use of such delegation. Denver agrees to make the Program available to Fort Collins for the origination of home mortgages within Fort Collins’s boundaries. Section 3. In the event that the Program is discontinued by Denver, this Delegation and Participation Agreement, and all duties, obligations and rights of Denver and Fort Collins hereunder, shall terminate. If the Program is terminated, Fort Collins agrees to release Denver from any claims for costs or any other liabilities incurred by Fort Collins with respect to the adoption and approval of this Delegation and Participation Agreement or any other Fort Collins actions related thereto. Section 4. Fort Collins’s participation in the Program pursuant to this Delegation and Participation Agreement shall be at no cost to Fort Collins and shall not be construed as creating or constituting a general obligation or multiple fiscal year direct or indirect i ndebtedness or other financial obligation whatsoever of Fort Collins nor a mandatory payment obligation of Fort Collins in any fiscal year during which this Delegation and Participation Agreement shall be in effect. Fort Collins does not assume any responsibility or liability for any financial obligations of Denver or of participants in the Program, and Denver agrees to release Fort Collins from any claims for costs or any other liabilities incurred by Denver with respect to the adoption and approval of this Delegation and Participation Agreement or any other Denver actions related thereto. Section 5. Either Fort Collins or Denver may terminate this Delegation and Participation Agreement by providing at least thirty (30) days’ prior written notice of such effective date of termination to the other Party of such termination. Notice of termination may be sent to the following, via electronic mail or U.S. First Class U.S Mail, postage prepaid, addressed as follows: If to Fort Collins: City of Fort Collins Social Sustainability Department P.O. Box 580 Fort Collins, CO 80522-0580 Attn: Sue Beck-Ferkiss sbeckferkiss@fcgov.com If to Denver: City and County of Denver Department of Housing Stability 201 West Colfax Avenue, 6th Floor A Packet Pg. 129 Attachment: Exhibit A (9905 : Metro DPA Downpayment Assistance Partnership RESO) 4842-3532-0186.3 Denver, Colorado 80202 Attn: Andrew Johnston, Catalytic Projects Andrew.Johnston@denvergov.org Notwithstanding the foregoing, any termination of this Delegation and Participation shall only prevent Denver from initiating any new loans under the Program within the boundaries of Fort Collins and shall not affect the legality or effectiveness of any loans previously-initiated or -closed under the Program with the boundaries of Fort Collins prior to the effective date of termination. IN WITNESS WHEREOF, Fort Collins and Denver have caused this Delegation and Participation Agreement to be executed and be effective as of February 3, 2021. CITY OF FORT COLLINS [SEAL] By Wade Troxell, Mayor ATTEST: City Clerk Name ______________________________ APPROVED AS TO FORM: __________________________________ Assistant City Attorney Name _____________________________ A Packet Pg. 130 Attachment: Exhibit A (9905 : Metro DPA Downpayment Assistance Partnership RESO) 4842-3532-0186.3 CITY AND COUNTY OF DENVER, COLORADO By Britta E. Fisher Executive Director and Chief Housing Officer Department of Housing Stability [Signature Page to Delegation and Participation Agreement] A Packet Pg. 131 Attachment: Exhibit A (9905 : Metro DPA Downpayment Assistance Partnership RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Amanda King, Communications/Public Involvement Director Josh Birks, Economic Health Director Gerry Paul, Director of Purchasing & Risk Management Ingrid Decker, Legal SUBJECT Resolution 2021-015 Approving an Exception to the Competitive Purchasing Process for the Purpose of Extending the Contract with the Fort Collins Convention and Visitors Bureau, Inc. for Convention and Visitor Services. EXECUTIVE SUMMARY The purpose of this item is for Council to consider approval of an exception to the competitive purchasing process to extend the contract with the Fort Collins Convention and Visitors Bureau, Inc., d/b/a Visit Fort Collins, the City’s current Convention and Visitor Serv ices vendor. The current five-year agreement with Visit Fort Collins under RFP 8256 Convention & Visitor Services terminates on March 31, 2021. Due to extenuating circumstances precipitated by the COVID-19 pandemic, this Resolution seeks an exception to the City Code requirement for use of a competitive purchasing process to extend the agreement for one additional one -year term ending on March 31, 2022. An RFP will be initiated in late 2021 or early 2022 so that a vendor may be selected competitively and a new contract executed before April 1, 2022. Exception to Competitive Bidding Rationale: Code Section 8-161(d)(1)(b). Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION City Code Section 8-186 limits multi-year contracts to a term of five years. Therefore, a formal competitive process is required to be conducted for Convention and Visitor Services every five years. Visit Fort Coll ins is the only entity to respond to the City’s last competitive process conducted in 2016. The current contract and final one-year renewal expires March 31, 2021. Given the ongoing impacts and uncertainty in the travel and tourism industry due to the COVID-19 pandemic, the City is requesting a one-year extension to continue work that was paused and to better evaluate ongoing impacts and expectations for the travel and tourism industry. Many contracted efforts had to be adjusted or put on hold due to rest rictions on travel and business operations throughout 2020. This included the Destination Master Plan co -funded by the City. Final work on the plan is expected to resume in early 2021 with a target completion date of May 2021. This one -year extension will help with continuity and completion of the plan. 11 Packet Pg. 132 Agenda Item 11 Item # 11 Page 2 Additionally, the City was able to amend its contract with Visit Fort Collins for additional work supporting local business COVID-19 recovery efforts. The Fort Collins Marketplace was established in late 2 020 to help facilitate online sales opportunities for Fort Collins businesses. The City helped support the setup and launch with CARES Act funding, and the online store will continue offering local business sales into 2021. Finally, Visit Fort Collins has also been contracted to promote and market the creative sector of Fort Collins, increasing visibility and driving community engagement, tourism, business and the recognition of Fort Collins as a cultural and creative destination. This work was outlined i n the Arts and Culture Master Plan and will be done in partnership with the City’s Cultural Services department. The updated scope of work includes a comprehensive marketing campaign that will run through 2021. CITY FINANCIAL IMPACTS The City’s Economic Health and Communications & Public Involvement team does not have the bandwidth for the adequate development and completion of a competitive process (RFP) for these services based on other COVID-19 communication requirements and recovery efforts. Visit Fort Collins is paid in arrears based on lodging tax collections whereby 70% of collections goes to Convention and Visitor Services and 30% goes to FortFund. Lodging tax collections were down 47.5% in 2020. Obtaining additional information on travel and tourism performance and recovery over the next year will help inform the new RFP process planned for 2022. 11 Packet Pg. 133 -1- RESOLUTION 2021-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE COMPETITIVE PURCHASING PROCESS FOR THE PURPOSE OF EXTENDING THE CONTRACT WITH THE FORT COLLINS CONVENTION AND VISITORS BUREAU, INC. FOR CONVENTION AND VISITOR SERVICES WHEREAS, pursuant to Ordinance No. 20, 1984, the City established a 3% lodging tax on hotel/motel rooms within City limits with the purpose of using the proceeds to promote tourism, conventions, and other activities that use public accommodations within the City; and WHEREAS, since 1986 the City has contracted with the Fort Collins Convention and Visitors Bureau, Inc., now doing business as Visit Fort Collins (“VFC”) to coordinate convention and visitor promotion activities; and WHEREAS, in 2016 the City conducted a competitive request for proposals (“RFP”) process for convention and visitor services and VFC was the only entity to respond; and WHEREAS, the City entered into a five-year agreement with VFC that will expire on March 31, 2021; and WHEREAS, VFC is working on several projects for the City that were put on hold because of the COVID-19 pandemic or that assist in the economic recovery from the pandemic, and it would be disruptive to the City’s financial interests and the delivery o f services to the public to change vendors at this time; and WHEREAS, in addition, City staff does not currently have the resources to adequately develop and complete an RFP process for these services due to other COVID-19 communication requirements and recovery efforts; and WHEREAS, to ensure continuity of programs, the City is proposing to extend the 2016 contract with VFC for an additional one-year term and complete a new RFP process in late 2021 or early 2022; and WHEREAS, City Code Section 8-161(d)(1)(b) authorizes the Purchasing Agent to contract for services without competition if, although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, the Purchasing Agent has determined that the purchase of convention and visitor services from VFC falls within the scope of this exception because the use of a competitive process to contract for such services at this time would injure the City’s financial interests, impede the City’s administrative functions, and interfere with the delivery of convention and visitor services to the public; and Packet Pg. 134 -2- WHEREAS, the Purchasing Agent has submitted the requisite justification to the City Manager for approval; and WHEREAS, the City Manager has reviewed and approved the justification for this acquisition; and WHEREAS, City Code Section 8-161(d)(3) requires approval of this purchasing method by the City Council for items costing more than $200,000 prior to acquisition; and WHEREAS, VFC is paid in arrears an annual fee for its services equal to 70% of the total City lodging tax revenue for the previous calendar year, an amount that is expected to be well over $200,000 in 2021. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves, as an exception to the City’s competitive purchasing process, the purchase of convention and visitor services for a one-year term beginning April 1, 2021, from the Fort Collins Convention and Visitors Bureau, Inc. d/b/a Visit Fort Collins. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 135 Remington Stormwater Project Heather McDowell, Project Manager STAFF INFORMATION REPORT 1 Packet Pg. 136 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Strategic Objectives & Project Goals 2 This project supports the strategic objectives of Safe Community 5.5 and Environmental Health 4.7 Project Goals •Flood mitigation •Important connection from College & Prospect to Spring Creek •Wa ter quality •Future connections 2017 College & Prospect Improvements 2020 Remington Improvements Future Projects Lake & Remington Prospect & College 1 Packet Pg. 137 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Project Highlights 3 •Large System •Alternative Project Delivery System (APDS) •Innovations! Sanitary/Storm “Conflict Structure” Wa ter Quality Vault 1 Packet Pg. 138 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Work During COVID 4 •Safety protocols •Daily dialog •Continuity of operations 1 Packet Pg. 139 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Measurements of Success 5 •Met Strategic Objectives •Met the budget •Continuity of operations during COVID •Public satisfaction Remington with new pavement and striping (drone image)Crane placing structure (drone image) 1 Packet Pg. 140 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Contact Info 6 Heather McDowell, PE Special Projects Manager hmcdowell@fcgov.com 970-224-6065 office 970-218-9225 mobileOutfall at Spring Creek 1 Packet Pg. 141 Attachment: Staff Report - Remington Street Project (9927 : Staff Report: Remington Street Project) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Resolution 2021-016 Making Council Liaison, Council Committee and City Representative Appointments. EXECUTIVE SUMMARY AMENDED ON 2/1/21 The purpose of this item is to fill the following vacancies resulting from the resignation of former Mayor Pro Tem Kristin Stephens: 1. Councilmember liaison assignments for the: a. CDBG Commission, b. Transportation Board, and c. Youth Advisory Board, and 2. Ad Hoc Direct Reports Compensation Committee, 3. Council Election Code Committee (Alternate), 4. Council Ethics Review Board, 5. Council Futures Committee (Alternate), 6. Legislative Review Committee (Alternate), 7. Library Trustee Selection Committee, 8. North College Urban Renewal Ad Hoc Committee (Alternate), 9. North I-25 Coalition, 10. North I-25 Coalition Working Group: I-25 Funding Committee, and 11. Regional Transportation Coordination Task Force Policy Advisory Committee. This item also fills a vacant Councilmember seat on the Poudre Heritage Alliance Board due to Councilmember Gutowsky’s voluntary resignation. STAFF RECOMMENDATION Staff recommends adoptions of the Resolution. BACKGROUND / DISCUSSION The purpose of this item is to appoint replacements for former Mayor Pro Tem Kristin Stephens as liaisons to the CDBG Commission, Transportation Board, and Youth Advisory Board and to fill seats on the Ad Hoc Direct Reports Compensation Committee, Council Election Code Committee (Alternate), Council Ethics Review Board, Council Futures Committee (Alternate), Legislative Review Committee (Alternate), Library Trustee Selection Committee, North College Urban Renewal Ad Hoc Committee (Alternate), North I-25 Coalition, North I-25 Coalition Working Group: I-25 Funding Committee, Regional Transportation Coordination Task Force Policy Advisory Committee. Agenda Item 12 Item # 12 Page 2 On January 5, 2021, Council adopted Resolution 2021-005, making appointments to fill time-sensitive roles that had been vacated by former Mayor Pro Tem Stephens, including the Board of the Poudre Fire Authority, the Ad Hoc Housing Committee and the Council representative to the General Employees’ Retirement Committee. This item also fills a vacant Councilmember seat on the Board of the Poudre Heritage Alliance due to the voluntary resignation from the Board of Councilmember Gutowsky. The Resolution includes blanks for each appointment not yet decided and will be completed with the name of the appointed Councilmember. The North College Urban Renewal Ad Hoc Committee has been moved to the Urban Renewal Authority. -1- This item has been amended to add appointment names and remove the North College Urban Renewal Ad Hoc Committee which will be moved under the Urban Renewal Authority. RESOLUTION 2021-016 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING COUNCIL LIAISON, COUNCIL COMMITTEE AND CITY REPRESENTATIVE APPOINTMENTS WHEREAS, on May 21, 2019, Council adopted Resolution 2019-065, making Council Liaison, Council Committee and Council representative appointments for the then new Council term; and WHEREAS, on November 30, 2020, former Mayor Pro Tem Kristin Stephens submitted a letter of resignation effective December 30, 2020; and WHEREAS, on January 5, 2021, Council adopted Resolution 2021-005, making appointments to fill time-sensitive vacancies left by former Mayor Pro Tem Stephens on the Board of the Poudre Fire Authority, the North Front Range Metropolitan Planning Organization Planning Council, the Ad Hoc Strategic Housing Committee and as the Council representative to the General Employees’ Retirement Committee; and WHEREAS, upon her resignation former Mayor Pro Tem Stephens also vacated appointments as Council Liaison to the Community Development Block Grant Commission, Transportation Board and the Youth Advisory Board; and WHEREAS, former Mayor Pro Tem Stephens also had been on the on the Ad Hoc Direct Reports Compensation Committee, Council Election Code Committee (Alternate), Council Ethics Review Board, Council Futures Committee (Alternate), Legislative Review Committee (Alternate), Library Trustee Selection Committee, SNorth College Urban Renewal Ad Hoc Committee (Alternate)S, North I-25 Coalition, North I-25 Coalition Working Group: I-25 Funding Committee, and the Regional Transportation Coordination Task Force Policy Advisory Committee; and WHEREAS, Councilmember Susan Gutowsky recently resigned from her appointment by Council to the Board of the Poudre Heritage Alliance; and WHEREAS, the City Council desires to make replacement appointments to fill these various roles; and WHEREAS, on January 12, 2021, Council adopted Resolution 2021-007, appointing Melanie Potyondy to serve in the District 4 Council seat vacated by Kristin Stephens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: -2- Section 1. That the following Councilmembers are each hereby appointed to serve in the following Council Liaison, Committee and representative appointments: ULIAISON TO BOARD OR COMMISSION: CDBG COMMISSION UKen Summers TRANSPORTATION BOARD USusan Gutowsky YOUTH ADVISORY BOARD U Melanie Potyondy AD HOC DIRECT REPORTS COMPENSATION COMMITTEE UJulie Pignataro___________ COUNCIL ELECTION CODE COMMITTEE URoss Cunniff U (Alternate) COUNCIL ETHICS REVIEW BOARD UWade Troxell U________________________ U(Alternate) COUNCIL FUTURES COMMITTEE (Alternate) LEGISLATIVE REVIEW COMMITTEE (Alternate) LIBRARY TRUSTEE SELECTION COMMITTEE UMelanie Potyondy NORTH I-25 COALITION UWade Troxell NORTH I-25 COALITION WORKING GROUP: I-25 FUNDING COMMITTEE UWade Troxell -3- REGIONAL TRANSPORTATION COORDINATION TASK FORCE POLICY ADVISORY COMMITTEE UWade Troxell POUDRE HERITAGE ALLIANCE UJulie Pignataro Section 2. That except as otherwise expressly stated above, these appointments shall extend as provided in and be subject to the terms and conditions set forth in Resolution 2019-065. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of February, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Molly Saylor, Senior Sustainability Specialist Judy Schmidt, Legal SUBJECT Items Related to Regulation of Disposable Bags and Mitigation of Other Sources of Single Use Plast ic Pollution. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution. B. First Reading of Ordinance No. 027, 2021, Approving and Appropriating an Off -Cycle Funding Request, Contingent on the Outcome of the April 2021 Election, to Support Initial Implementation of Ordinance No. 026, 2021, Establishing Regulations Regarding Disposable Bags. The purpose of this item is to consider adoption of an Ordinance regulating the distribution of disposable bags and future mitigation of other sources of single-use plastic pollution (the “Disposable Bag Ordinance”) and Ordinance No. 027, 2021, making an appropriation to support implementation of the Disposable Bag Ordinance with outreach and engagement and provision of free reusable bags to the community (the “Appropriation Ordinance”). The Disposable Bag Ordinance: • Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes a $0.12 fee on disposable paper bags distributed by large grocers to customers at point-of sale; • Allocates the $0.12 fee equally between the vendor and the City, w ith the City’s share of the fee being committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the “Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to implement the disposable bag fee program and encourage customer use of disposable bags; • Includes an exemption from the bag fee for low-income customers; and • Expressly reserve’s Council authority and states Council’s intent to make future modifications to address stakeholder input or unforeseen circumstances, regulate single -use plastic items in addition to disposable plastic bags, and extend regulations to other vendors in the City. The Appropriation Ordinance provides $87,500 in funding to support initia l 2021 roll-out of the Disposable Bag Ordinance and the Waste Reduction Program, including outreach and engagement and making free bags available to the community. A resolution referring Ordinance No. 026, 2021, to the voters at the April 2021 regular mun icipal election will be presented for consideration at the time of consideration of second reading of Ordinance No. 026, 2021. 13 Packet Pg. 147 Agenda Item 13 Item # 13 Page 2 STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Reducing Plastics Pollution is an adopted Council Priority, which aligns with the community’s goal to sustain and improve the health of the Cache la Poudre River and watershed and its Road to Zero Waste goal to produce zero waste by 2030. Past Council Action • Work Sessions o February 11, 2020 - During this work session, staff provided plastic pollution context and learnings from peer communities. Council provided direction for action both on micro and macro pollution. o October 27, 2020 - During this work session, staff provided a progress update on plastic pollution awareness work, including impacts of COVID-19 on plastic use, policy development and community engagement, and a staff recommendation. Councilmembers indicated interest in moving plastic bag policy to a ballot measure. o December 8, 2020 - During this work session, staff provided Council a suite of policy options for a plastic pollution ordinance and related ballot measure. Council provided feedback on these policy elements and other logistics as outlined below. o January 12, 2021 - During this work session, staff shared a draft bag ordinance with Council and Councilmembers provided feedback on outstanding policy details, including fee amount and structure, income-qualified relief. Staff also recommended funding for a 2021 ordinance roll out and engagement. (Attachment 1) <https://citydocs.fcgov.com/?cmd=convert&vid=72&docid=3515966&dt=AGENDA+ITEM&doc_downlo ad_date=JAN-12-2021&ITEM_NUMBER=01> • Regular Meeting o December 15, 2020 - Councilmembers adopted Resolution 2020-118 directing staff to draft an ordinance for Council to discuss at the work session on January 12, 2021. A. OVERVIEW OF DISPOSABLE BAG ORDINANCE The Disposable Bag Ordinance includes the following key details as specified by Council in Re solution 2020- 118 adopted on December 15, 2020, and in the January 12, 2021 work session including: • Policy: Hybrid approach, applying to large grocers starting May 1, 2022, the Ordinance bans disposable plastic bags and put a 12-cent fee on each disposable paper bag. • Fee structure: o Large grocers will retain 50% of the fee to be used in accordance with a fee revenue plan created in conjunction with City staff. o The City will retain 50% of the fee revenue to cover costs of a new Waste Reduction Progr am. • Program and program costs: The Disposable Bag Ordinance creates a new Waste Reduction Program that includes plastic pollution mitigation and solid waste and litter reduction activities carried out by the City. Fee revenue will be applied to the costs of this Program. (Attachment 2) 13 Packet Pg. 148 Agenda Item 13 Item # 13 Page 3 • Income-qualified exemption: Benefit recipients of an income-qualified Federal, State, and County assistance program, including SNAP and WIC, who present a benefit card at time of purchase, will be exempted from the disposable bag fee. Income-Qualified Relief Residents who participate in federal, state or county income qualified assistance programs including WIC and SNAP and provide benefit cards at the point of sale would be exempt from the disposable bag fee. (Attachment 3) Additional relief includes: • The City will prioritize reusable bag distribution to recipients of WIC and SNAP as well as those enrolled in other income-qualified programs, including City programs. • New suggestion for creative approach - Staff proposes to explore using City or vendor share of the disposable bag fee revenue to supply a fixed number of discretionary “be our guest” reusable bags to support customers who experience barriers but are not covered by the exemption. Survey Responses And Comments To Date A final round of survey data, comments, and demographics will be shared as a read -before memo prior to first reading to give the community as much time as possible to provide feedback. (Attachment 4) Future Steps Towards A Comprehensive Approach Once the major impacts of COVID have subsided, an anticipated six to nine months of engagement and work with the community would likely be required (to allow time for equitable engagement early in the process) before bringing additional single use plastic reduction options for Council feedback. At that time, Council could consider such measures as separate but related policy efforts to the bag policy being considered and put to the voters. B. OVERVIEW OF 2021 FUNDING ORDINANCE Contingent upon the outcome of the April election, the Appropriation Ordinance provides $87,500 to support successful roll-out of the Disposable Bag Ordinance in 2021 including outreach and engagement and to provide free bags to the community. (Attachment 5) Next Steps Pending Council’s vote on the Disposable Bag and Appropriation Ordinances presented for first reading, staff anticipates the following next steps: • Second Reading of the Disposable Bag Ordinance and the Appropriation Ordinance; and • Council consideration of a resolution to refer the Disposable Bag Ordinance to a vote of the City’s electors. Note: At this point, Environmental Services staff will no longer conduct any engagement on the issue in accordance with the Fair Campaign Practices Act. The City Clerk’s off ice manages the logistics of the ballot process. PUBLIC OUTREACH A survey on the proposed Disposable Bag Ordinance has been posted and advertised since mid -December. (Attachment 4) 13 Packet Pg. 149 Agenda Item 13 Item # 13 Page 4 ATTACHMENTS 1. Work Session Summary (PDF) 2. Disposable Bag Fee Study (PDF) 3. Income Qualified Relief (PDF) 4. Survey Dissemination (PDF) 5. Single Use Bag Policy Implementation Resourcing (PDF) 6. Powerpoint Presentation (PDF) 13 Packet Pg. 150 Environmental Services 222 Laporte Ave. PO Box 580 Fort Collins,CO 80522 970.221.6600 fcgov.com/environmental services MEMORANDUM Date:January 15,2021 To:Mayor Troxell and City Councilmembers Thru:Darin Atteberry,City Manager Jacqueline Kozak Thiel,Chief Sustainability Officer Lucinda Smith,Environmental Services Director From:Molly Saylor,Senior Specialist,Environmental Sustainability Re:January 12, 2021 Work Session Summary:Single Use Plastics Ballot Item Discussion Attendees:All Councilmembers were present. Staff presented options for Council to consider as part of a potential future ordinance on single-use plastic and paper bags for referral to the April 2021 ballot. Key discussion points Some Councilmembers expressed preferences for o Fort Collins to lead and not wait for potential legislation from the State o Support for referring a City ordinance to ballot (with ability for future Councils to adjust in response to future circumstances),and let voters decide o If referred to ballot,importance of making sure voters understand what they are voting on o Noted a majority of public survey responses to-date support a bag ordinance o If ballot item passes,support for 2021 City resources to begin outreach in advance of ordinance taking effect in 2022 o Bag fee starting at the low end of proposed range o Support for proposed elements identified in the fee-funded plastic pollution mitigation and solid waste reduction program to be administered by the City Some Councilmembers shared o Concerns about impact to low-income families and question on whether the proposed paper bag fee exemption goes far enough;suggestion to explore ways to reach more people o Preference that City not proceed now,and instead wait for state legislation to address plastic bags o An interest in addressing plastic pollution through innovation and circular economy strategies o Request to remain vigilant about potential unintended consequences Additional Information on Income-Qualified Exemption The proposed ordinance exempts grocery store customers from the paper bag fee if they present any benefit card associated with a federal,state or county income-qualified assistance programs,not only assistance programs such as SNAP and WIC. This includes programs such as Medicaid, Veterans Services,and Bureau of Indian Affairs.Staff anticipates that the vast majority of customers who present a benefit card will use SNAP or WIC as these pertain to food purchases.However,the broader language leaves the door open to future income-qualified programs that may issue benefit cards. In addition,when developing a reusable bag distribution plan,the City or grocer fee revenue could provide grocers with reusable bags to be distributed at their discretion,to address individuals who are not able to cover the paper bag fee or have other barriers not addressed in the ordinance. ATTACHMENT 1 13.1 Packet Pg. 151 Attachment: Work Session Summary (9935 : Plastics Pollution) 2 Next steps: Ensure community plastic bag survey is available from the fcgov.com homepage again.Survey will end Jan.31 Continue to monitor State legislation pertaining to plastic pollution Continue to explore longer-term approaches with regard to circular economy Feb 2-First reading of the plastic pollution ordinance and funding ordinance Bag ordinance to refer to ballot: o Ban plastic bags and charge a $0.12 fee on paper bags at large grocers o Split fee revenue 50:50 between grocer and the City o Ordinance takes effect May 1,2022 Funding Ordinance to provide implementation resources in 2021 if votes pass ballot item o Request for $87,500 in 2021 to fund an FTE to roll out the ordinance,an outreach and engagement campaign to help transition the community,and the purchase of reusable bags for distribution to low-income households. Feb 16 Second reading of plastic pollution ordinance and funding ordinance,and resolution to refer the ordinance to the ballot as a referendum. 13.1 Packet Pg. 152 Attachment: Work Session Summary (9935 : Plastics Pollution) 1 Disposable Bag Fee Study City of Fort Collins, Colorado Contents Executive Summary ....................................................................................................................................... 2 Study Overview ......................................................................................................................................... 2 Approach ................................................................................................................................................... 2 Fee Components ....................................................................................................................................... 2 Fee Calculation & Supported Fee Levels ................................................................................................... 2 Study Background ......................................................................................................................................... 3 Fee Calculation .............................................................................................................................................. 4 Methodology ............................................................................................................................................. 4 Program Costs ............................................................................................................................................... 4 Projected Fee Revenues ............................................................................................................................ 5 Recommended Fee Range ........................................................................................................................ 6 Other Considerations .................................................................................................................................... 7 Colorado and peer cities with hybrid policies in place ............................................................................. 7 Case studies .............................................................................................................................................. 7 Aspen .................................................................................................................................................... 7 Boulder .................................................................................................................................................. 8 Research Referenced .................................................................................................................................... 9 ATTACHMENT 2 13.2 Packet Pg. 153 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 2 Executive Summary Study Overview The City of Fort Collins is developing a single-use plastic bag ordinance to address the issue of plastic pollution, which would include a ban on providing single-use plastic bags and a fee on paper bags that would apply to large retail grocers. An ordinance will be presented for Council consideration on February 2nd and 16th and Council intends to submit the measure to the April 2021 municipal election. In determining an appropriate fee, City staff assembled the below Disposable Bag Fee Study based on the underlying costs of administering the new program. This report outlines the approach, fee components, and calculations, as well as projected fee revenue and staff recommendations for the use of fee revenue for this ordinance. The report also provides other considerations, such as alternative approaches to the fee structure and case studies from other Colorado cities that have bag ordinances in place. Approach To determine the appropriate amount for a fee on paper bags, staff gathered information on internal costs and researched results from similar programs that were implemented in other cities. Both estimated costs and forecasted revenues were calculated independently, and then backed into a specific range that was determined to be supported. Fee Components Cities imposing new fees are required to demonstrate a clear connection between program costs incurred by the City and the subject of the fee, in this case paper bags. The purpose of a fee is to defray the cost of providing a service to the community. This study includes the following cost categories in calculating the fee: 1. Current estimate of bag usage and estimate of bag use reduction if fee is imposed 2. Costs incurred by the City 3. Costs incurred by retailers Fee Calculation & Supported Fee Levels The bag fee formula is based on total cost to the City and equitable sharing of fee revenue to the retailer, against the total volume of projected bags subject to the fee: Using this approach, the fee supported could range from $0.12-0.21 per paper bag, with half of the revenue being retained by the retailer to cover their related costs. Program and Related Costs / Portion retained by City / Projected Bags Used = Fee per Bag 13.2 Packet Pg. 154 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 3 Study Background Cities imposing new fees are required to demonstrate a clear nexus between program costs incurred by the City and the subject of the fee, in this case paper bags. The purpose of a fee is to defray the cost of providing a service to the community. This connection has been defined in different ways across Colorado and U.S. cities with a best practice being Aspen’s hybrid bag policy (see case study below). Staff recommends aligning to the approach Aspen has taken. The following fee summary reflects this approach and outlines the types of costs associated with the new program created by the ordinance that would be recovered and potential fee revenue. Proposed Plastic Pollution Mitigation and Solid Waste Reduction Program established by bag ordinance: By passing the bag ordinance, Council would create a new plastic pollution mitigation and solid waste reduction program, to which the fee revenue can be applied. The elements of this program include: • the administration and operation of the Waste Reduction Program and administration activities to collect all disposable bag fees; • activities and campaigns conducted by the City (or a contracted vendor) to provide reusable bags to residents and visitors, educate residents, businesses and visitors about the impact of disposable bags, trash, single-use plastics and other waste on the waterways and environment and on the health and welfare of its residents and visitors, the importance of reducing the number of disposable bags entering the waste stream and to raise awareness about waste reduction and recycling; • community clean-up events, City activities, and other community-led activities to reduce or mitigate solid waste and litter; • programs and infrastructure to facilitate and encourage the community to reduce waste and recycle, including community-led efforts; • creating, expanding, and maintaining equitable outreach and engagement strategies, including a public website to educate residents on the progress of waste reduction efforts; • other activities directly related to the reduction of waste from disposable bags, trash, single-use plastics and other waste and its impact on the waterways and environment within the city and the Cache la Poudre watershed; and • funding or providing other support for programs and activities conducted by others in furtherance of these purposes. The following section outlines the program costs that would be recovered and the Figure 1 establishes the fee revenue connection. 13.2 Packet Pg. 155 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 4 Fee Calculation Methodology This fee study was conducted internally by the Sustainability Services Senior Financial Analyst and leverages baseline assumptions about plastic pollution mitigation and solid waste reduction program costs created by the ordinance and fee structure examples from other cities. Key takeaways from the fee study include: • Direct and indirect costs related to materials management, reduction, and recycling are significant when considering expanding efforts to be equitable, to support community-led efforts, and when considering infrastructure or capital investments. • Based on the assumptions outlined within the study, the total combined City and grocer cost per bag is estimated to range from approximately $0.12-0.21 per bag and would support establishing a fee up to $0.20 per bag based on the requirement for a fee to not exceed related City costs. • The costs basis was established under learnings of best practice from other cities to include recovery of direct and systems costs on an annual basis. The resulting revenues could be focused on first recovering new direct costs, but also leveraged to support long-term capital and systems investments needed to reduce plastic pollution and reach waste goals. Related costs were provided by the finance support staff for each relevant Service Area and aggregated to include both the low- and high-end estimates. This provided the range to use as a numerator for the fee calculation below: Program Costs The estimates shown in Figure 1 below represent staff’s recommendation to cover a broad range of direct and systems costs related to solid waste reduction and recycling, similar to Aspen’s fee (see case study below). Figure 1. Costs to the City for the new plastic pollution mitigation and solid waste reduction program: Cost description Annual cost range (low) (high) a. Cover the costs to administer, enforce and conduct community wide engagement about the ordinance $260,000 $300,000 b. Provide reusable bags to both residents and visitors, especially to low-moderate income residents and other historically underrepresented groups $10,000 $30,000 c. Cover a portion of the costs of existing litter pick up, stormwater, wastewater and street sweeping costs related to single-use items $100,000 $150,000 d. Cover a portion of the costs of existing paper and plastic film recycling costs at the Timberline Recycling Center $50,000 $100,000 Program and Related Costs / Portion retained by City / Projected Bags Used = Fee per Bag 13.2 Packet Pg. 156 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 5 e. Expanded equitable engagement, outreach, and community partnership, including neighborhood and community project funding as program and funding capacity allow $175,000 $300,000 f. Solid waste reduction, recycling, plastic pollution mitigation efforts, and infrastructure, including but not limited to encouraging systems approaches to reuse and reduction efforts targeting single- use items $200,000 $500,000 Total Cost $795,000 $1,380,000 Cost per Bag (50% retained by City; 75% reduction in bags) $0.12 $0.21 Key assumptions and considerations: • Above figures reflect estimations based on current cost structures that were provided as ranges by the relevant finance analyst for each item. They do not reflect assumptions for how the costs may alter over time. • The low end of the range for each line item represents the more conservative estimate and the high end represents more expanded programming. • Details by cost o (a.) Administration cost would cover staffing for 1.0 added classified FTE that would be responsible for administering the ordinance, including outreach to and engagement with residents and businesses as the ordinance is rolled out and for enforcement support, 1.0 added FTE for the first two years to support ordinance roll out, and the costs of marketing and outreach campaign materials. o (b.) Bags are assumed to cost approximately one dollar per bag. Based on staff estimates and experiences distributing other items, it is reasonable to distribute three bags per household to 3,000 households per year. o (c.) Litter clean-up and other operational costs related to single-use plastic items and paper bag litter were estimated by finance support for each service area. This is presented as a wider range due to the challenge of estimating the exact percentage represented by these items versus overall litter. o (d.) Assumes a portion of the costs to collect and transfer plastic film, paper, and cardboard for recycling at the Timberline Recycling Center. o (e.) Assumes reimagined community engagement strategies such as: paid community partner and ambassador programs to engage on the City’s behalf, reaching parts of the community the City struggles to access; language justice and focus groups to ensure culturally relevant campaigns; and neighborhood-scale community-led projects to address barriers to waste reduction, reuse and recycling and encourage behavior change. o (f.) Investments in programs and infrastructure to protect waterways and natural areas, reduce waste, encourage reuse, and enable local circular economy progress. Infrastructure investments may include but are not limited to recycling center equipment and compost facility development. Projected Fee Revenues The estimates shown in Figure 2 below represent staff’s estimate of the base case revenues that would correlate with the fee ranges recommended based on research of other cities. This research found fees for bags that ranged between $0.05-0.25 per bag, with $0.10-0.20 being the most common in Colorado. Accordingly, staff projected the resulting revenues for a $0.10-.20 range. 13.2 Packet Pg. 157 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 6 Figure 2. Revenue projections from the bag fee, assuming staff’s recommendation to retain 50% of the fee. Estimated Annual Revenue Fee per paper bag $ 0.10 $ 0.20 Estimated Current Number of Paper and Plastic Bags 52,500,000 Estimated Reduction in Bag Usage* 75% 75% Fee Retained by City 50% City Revenue $ 656,250 $ 1,312,500 * Based on results documented in Palo Alto This analysis was performed separately from the estimated program cost calculation in Figure 1. The results independently arriving at similar ranges ($0.10-0.20 vs. $0.12-0.21) reinforces staff’s conclusion that the proposed range is appropriate. Recommended Fee Range The above resulting revenue range of $650K-$1.3M leads to a conclusion that a fee between $0.10-0.20 per paper bag would meet the requirement for a fee to be established at or below the sum of related costs, which ranged from $795K-1.38M in Figure 1. Key assumptions and considerations: • Approximately 340 bags are used per person per year, resulting in an estimated 52,500,000 bags per year0F 1. • Palo Alto saw their hybrid approach ultimately settle at a 75% reduction of paper bags (with no plastic bags). The Fort Collins fee summary uses this data point to estimate long-term fee revenue after the initial transition1F 2. • Palo Alto also has a low-income exemption and thus numbers already reflect this assumption. Figures do not make any additional assumptions on revenue from bags exempted or provided for no cost to income- qualified community members. • Some costs to the City are expected to taper as single-use bag use (and related fees) taper. • Ten-cent and twenty-cent options are shown but other cities have used other amounts ranging from five- cents up to twenty-five-cents. • Staff recommends revisiting the level of fee to ensure it is set appropriately every 3-5 years similar to other City fees • Figures presented represent the base case analysis; staff also calculated scenarios with High, Medium, and Low assumptions for existing bag usage (250-340 bags) and reduction in single-use bags (50-90%) and found that in most scenarios, a fee between $0.10-0.20 would support the minimum program costs. 1 From Brendle, 2012 and Wagner, T, 2017 2 Palo Alto https://www.cityofpaloalto.org/civicax/filebank/documents/48074 13.2 Packet Pg. 158 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 7 Other Considerations Colorado and peer cities with hybrid policies in place These peer cities were used to understand typical fee ranges and to understand lessons learned from other cities that have implemented similar programs. • Aspen, CO*** • Avon, CO** • Carbondale, CO*** • Steamboat Springs, CO*** • Telluride, CO** • Vail, CO** • Eugene, OR* • Palo Alto, CA** • Santa Barbara, CA** • Tacoma, WA* • Seattle, WA* • San Francisco, CA**** Legend: * cities charging between 5 cents per paper bag; ** 10 cents, *** 20 cents, **** 25 cents Case studies These case studies gave key insight into best practices and lessons learned from other Colorado cities that have created bag programs and to which they apply fee revenue. Aspen • Key takeaways: o Allows Aspen to recover costs for reducing waste and recycling, inclusive but not limited to direct bag reduction costs • Bag policy: Hybrid approach, banning plastic bags, fee on paper bags • Fee amount: 20-cents per paper bag • Ordinance language: (f) The Waste Reduction Fee shall be administered by the City of Aspen Environmental Health Department. (g) Funds deposited in the Waste Reduction and Recycling Account shall be used for the following projects, in the following order of priorities: (1) Campaigns conducted by the City of Aspen and begun within three hundred sixty-five (365) days of the effective date of this act, to: Provide reusable carryout bags to residents and visitors; And Educate residents, businesses, and visitors about the impact of trash on the City's environmental health, the importance of reducing the number of disposable carryout bags entering the waste stream, and the impact of disposable carryout bags on the waterways and the environment. (2) Ongoing campaigns conducted by the City of Aspen to: a. Provide reusable bags to both residents and visitors; and b. Create public educational campaigns to raise awareness about waste reduction and recycling; c. Funding programs and infrastructure that allows the Aspen community to reduce waste and recycle. d. Purchasing and installing equipment designed to minimize trash pollution, including, recycling containers, and waste receptacles; e. Funding community cleanup events and other activities that reduce trash; f. Maintaining a public website that educates residents on the progress of waste reduction efforts; and g. Paying for the administration of this program. (h) The Fees shall not be used to supplant funds appropriated as part of an approved annual budget. 13.2 Packet Pg. 159 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 1 (i) No Waste Reduction Fee shall revert to the General Fund at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in Subsection (g) of this Section without regard to fiscal year limitation. Boulder • Key takeaways: o Outlines costs for recovery that are directly tied to bags. • Bag policy: Fee on plastic and paper bags • Fee amount: 10-cents per bag • Ordinance language: (g) Funds from the disposable bag fee shall be used only for the expenditures that are intended to mitigate the effects of disposable bags, including, without limitation, the following: (1) Administrative costs associated with developing and implementing the disposable bag fee. (2) Activities of the City to: (A) Provide reusable carryout bags to residents and visitors; (B) Educate residents, businesses and visitors about the impact of disposable bags on the City's environmental health, the importance of reducing the number of single-use carryout bags entering the waste stream and the expenses associated with mitigating the affects of single-use bags on the City's drainage system, transportation system, wildlife and environment; (C) Fund programs and infrastructure that allow the Boulder community to reduce waste associated with disposable bags; (D) Purchase and install equipment designed to minimize bag pollution, including recycling containers and waste receptacles associated with disposable bags; (E) Fund community cleanup events and other activities that reduce trash associated with disposable bags; (F) Mitigate the effects of disposable bags on the City's drainage system, transportation system, wildlife and environment; (G) Maintain a public website that educates residents on the progress of waste reduction efforts associated with disposable bags; and (H) Fund the administration of the disposable bag fee program. (h) No disposable bag fees collected in accordance with this chapter shall be used only for general government purposes. (i) Disposable bag fees collected in accordance with this chapter shall be continually available for the uses and purposes set forth in subsection (g) of this section without regard to fiscal year limitation. No disposable bag fee funds shall be used for any purpose not authorized in this chapter. 13.2 Packet Pg. 160 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 1 Research Referenced Brendle Group Report done for City of Fort Collins from 2014 City of Aspen https://www.cityofaspen.com/DocumentCenter/View/687/City-of-Aspen-Single-Use-Bag- Study-PDF?bidId= City of Boulder https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=10701&dbid=0&repo=LF8PROD2& cr=1 City of Palo Alto https://www.cityofpaloalto.org/civicax/filebank/documents/48074 Report by Wagner, T. from 2017 13.2 Packet Pg. 161 Attachment: Disposable Bag Fee Study (9935 : Plastics Pollution) 1 Attachment III: Income-Qualified Relief Recommendation The proposed bag ordinance includes a ban on plastic bags and a point-of-sale fee on paper bags which impacts Fort Collins’ residents. Staff recommendations include accommodations for our lowest earners and a two-pronged approach: 1) a cost exemption of the paper bag fee at the point-of-sale to participants who provide a benefit card reflecting participation in Federal, State, or County income-qualified aid programs to address the needs of low-income residents, and 2) distribution of reusable bags for low- to moderate-income earners. Context of Recommendations Fee Exemption at Point of Sale to Participants in Federal, State, or County income- qualified aid programs The proposed ordinance states “A large grocer may provide a disposable paper bag to a customer at no charge if the customer provides, at the time of purchase, a benefit card reflecting participation in federal, state, or county income-qualified aid program including but not limited to benefits delivered via Electronic Benefits Transfer (EBT) such as Supplemental Nutrition Assistant Program (SNAP) or Supplemental Nutrition Program for Women, Infants and Children (WIC).” The primary food assistance programs are described below. SNAP- Supplemental Nutrition Assistance Program •The Supplemental Nutrition Assistance Program (SNAP) is a food assistance program in Colorado, formerly known as Food Stamps. SNAP provides food assistance benefits as part of a federal nutrition program to help low-income households purchase food. U.S. citizens and some non-citizens are eligible for SNAP benefits. Even if some members of the household are not eligible, household members who are eligible may still be able to get SNAP benefits. •Proof of enrollment: CO Electronic Benefits Transfer (EBT) card •For a family of 4, SNAP covers households below 36% Fort Collins/Loveland Family Median Income WIC -The Special Supplemental Nutrition Program for Women, Infants and Children •The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides Federal grants to States for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. To be eligible for this benefit program, you must be a resident of Colorado and one of the following: Pregnant, or Breastfeeding, or Postpartum, or A child 5 years old or younger. Individuals on Medicaid, TANF, SNAP or FDPIR are automatically income eligible. •Proof of enrollment: CO Electronic Benefits Transfer (EBT) card •For a family of 4 in Fort Collins, WIC covers households below 52% of Fort Collins/Loveland Family Median Income SNAP/WIC Eligibility Guidelines in Fort Collins Each state sets eligibility guidelines. The graphic below shows the eligibility requirements in Colorado. ATTACHMENT 3 13.3 Packet Pg. 162 Attachment: Income Qualified Relief (9935 : Plastics Pollution) 2 Reusable Bag Distribution for Low to Moderate Income Residents A portion of the revenue collected from the bag fee will be used by the City to purchase reusable bags that will be distributed to low to moderate-income residents. The City will apply an equity lens and partner with the community to create an equitable plan for distributing bags to low-income households. This is likely to include working with non-profits and government agencies such as the Food Bank, Homeward Alliance, Larimer County Workforce Center, etc. to distribute bags. Reusable bags will also be distributed through affordable housing properties and at public events hosted by the City and community nonprofits. Participants in all City income-qualified programs will receive notification about reusable bag distribution events. If additional funding is made available in advance of receiving bag fee revenue, the City will distribute reusable bags earlier. 13.3 Packet Pg. 163 Attachment: Income Qualified Relief (9935 : Plastics Pollution) Attachment IV: Survey Dissemination The follow methods were used to advertise and disseminate the plastic pollution survey, posted on https://ourcity.fcgov.com/plastics starting in mid-December and closing at the end of January. • Press release • Spotlight on City homepage • Spotlight on Recycling homepage • Social Media (Facebook, Twitter, Instagram) • Various City Newsletters o January City News o Recycling Newsletter o Business Newsletter o CAP (Climate Action Plan) Newsletter • Radio ads (in Spanish and English) • Spotify digital ads • Coloradoan Articles (two articles in the Coloradoan have covered the topic since mid-December) Additional methods pending approval: • Boosted Social Media posts • NextDoor post ATTACHMENT 4 13.4 Packet Pg. 164 Attachment: Survey Dissemination (9935 : Plastics Pollution) Attachment V: Single Use Bag Policy Implementation Resourcing Recommendation To fund program implementation from June 2021 until bag fee revenue begins, staff recommends an interim allocation. Staff recommends funding Scenario 2 ($87,500 in 2021), and Councilmembers may also prefer funding Scenario 1 ($70,000 in 2021). If preferred by Councilmembers, staff will: •Develop off-cycle funding ordinance language to be considered simultaneous to the first and second reading of the bag ordinance to fund implementation elements from Jun – Dec 2021. •Develop a BFO offer for the 2022 budget cycle for one-time funding for the implementation elements from Jan – July 2022 (projected start date for bag fee revenue to fund the program).0F 1 Context for Recommendation To successfully roll out the single use bag policy in May 2022, work will begin in June 2021. This attachment describes anticipated costs, which align with the assumptions made in the fee summary attachment. Funding could be provided via up to three different sources as shown in Figure 1. Fig 1: Potential Funding Sources for Single Use Bags Policy Implementation Date June 2021-Dec 2021 Jan 2022 – July 2022 June 2022 and beyond Proposed funding source One-time off-cycle budget allocation authorized by ordinance in Feb 2021 BFO offer to be developed for 2022 one- time funding Bag fee revenue allocated through BFO process The communications and engagement campaign funding and number of bags purchased are scalable. The following chart shows two potential scenarios. 1 It is possible that resource needs for 2022 could be covered by bag fee revenue, depending on timing and other logistics. Staff is working to clarify but if fee revenue is not available, one-time funding from the general fund would be necessary. ATTACHMENT 5 13.5 Packet Pg. 165 Attachment: Single Use Bag Policy Implementation Resourcing (9935 : Plastics Pollution) Fig 2: Summary of Resource Scenarios for Single Use Bags Policy Implementation Program element Scenario 1 Scenario 2 Reusable bags for low- and medium-income households $5,000 * (3 bags each for 1,500 households) $10,000 * (3 bags each for 3,000 households) Communications and engagement campaigns $30,000 * moderate campaign $60,000 * substantial campaign 1.0 FTE to manage program $105,000 $105,000 Total costs in 2021 off-cycle $70,000 $87,500 Total costs in 2022 BFO offer $70,000 $87,500 Total costs prior to fee revenue funding availability $140,000 $175,000 * scalable based on Council direction Element details Staff 1.0 FTE classified staff member to • roll out the program with community and grocers • conduct equitable communications and engagement campaigns • coordinate distributing free reusable bags to low- and medium-income households. • continue to develop a comprehensive approach to addressing single use plastics. Reusable bags The City may want to purchase reusable bags for distribution to low and medium-income households. Additional reusable bags are anticipated to be purchased using fee revenue once the fee is in place. Communications and engagement campaigns This would fund initial campaigns until fee revenue begins, at which time it would be funded via the fee revenue. 13.5 Packet Pg. 166 Attachment: Single Use Bag Policy Implementation Resourcing (9935 : Plastics Pollution) 1Mitigating Plastics Pollution Molly Saylor ATTACHMENT 6 13.6 Packet Pg. 167 Attachment: Powerpoint Presentation (9935 : Plastics Pollution) STRATEGIC ALIGNMENT Environmental Health •4.4 Zero waste •4.9 Poudre River health BUDGET Midcycle funding •$35K each for macroplastics and microplastics Plastics Pollution 2 COUNCIL PRIORITY Plastics Pollution •Microplastics •Macroplastics 13.6 Packet Pg. 168 Attachment: Powerpoint Presentation (9935 : Plastics Pollution) Key Ordinance Details Ty pe of policy Fee details Impacted businesses Program ü Hybrid –banning plastic bags, putting fee on paper bags ü 12-cent fee on paper bags ü 50-50 split between grocers and City ü Large grocers over 10,000 sq ft. ü Requires grocer fee revenue plan ü Plastic Pollution Mitigation and Solid Wa ste Reduction Program ü Covers direct and systems costs 3 13.6 Packet Pg. 169 Attachment: Powerpoint Presentation (9935 : Plastics Pollution) Additional Ordinance Details Implementation Enforcement Risk Mitigation •May 1, 2022 •Income qualified fee exemption •Compliance audit & data collection •Civil penalties •Annual reporting including performance measures •Public health •Supply chain •Start date •Equity 4 13.6 Packet Pg. 170 Attachment: Powerpoint Presentation (9935 : Plastics Pollution) Plastic Pollution Ordinance Ordinance contains following ke y policy elements: •Hybrid approach –ban plastic bags, 12-cent fee on paper •Large grocers •Fee split 50-50 between City and grocers •Creates Plastic Pollution Mitigation and Solid Waste Reduction Program •Income-qualified exe mption 5 13.6 Packet Pg. 171 Attachment: Powerpoint Presentation (9935 : Plastics Pollution) -1- ORDINANCE NO. 026, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS AND MITIGATION OF OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and WHEREAS, staff has developed an implementation plan based on the accelerated goals of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action and investment based on guidance provided by the City Council; and WHEREAS, City Council has also identified plastics pollution as a priority concern, which aligns with the CAP goals of reducing greenhouse gasses and with the community’s Road to Zero Waste goal to produce zero waste by 2030 and the City’s strategic objective to sustain and improve the health of the Cache la Poudre River and all watersheds within the city; and WHEREAS, because plastic makes up about 10% of waste landfilled as “municipal solid waste”, mitigating plastic pollution will be a necessary component of achieving the City’s goal of producing zero waste by 2030; and WHEREAS, the use of plastic or paper disposable bags also has other significant impacts on the environment on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, atmospheric acidification, and water consumption, in addition to solid waste generation; and WHEREAS, plastic disposable bags must be separately recycled and when incorrectly included in other recycling streams cause operational problems at recycling processing facilities; and WHEREAS, although disposable paper bags may have a lesser impact on waterways and wildlife than disposable plastic bags, they have higher greenhouse gas emissions and water impacts throughout their lifecycle; and WHEREAS, Fort Collins consumers use approximately fifty (50) million disposable bags from large grocers each year; and WHEREAS, Fort Collins taxpayers bear the costs associated with the effects of disposable bags on the solid waste stream, greenhouse gas emissions, the Cache la Poudre watershed, litter, and other adverse impacts to their environment; and WHEREAS, City Council has discussed various options for mitigating single-use plastic pollution, including disposable plastic and paper bags, while continuing to study microplastic pollution, at four Council Work Sessions on February 11, 2020, October 27, 2020, December 8, 2020, and January 12, 2021; and Packet Pg. 172 -2- WHEREAS, by adoption of Resolution 2020-118 on December 15, 2020, City Council directed development of an ordinance regulating the use of disposable bags and recognizing that further regulation of single-use plastics may be adopted by future Council action; and WHEREAS, City Council desires to adopt this ordinance to protect the public health, safety and welfare, to maintain and improve the health of the Cache la Poudre watershed and to further the City's Climate Action Plan and Road to Zero Waste, all of which serve the best interests of the residents of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein as findings of the City Council. Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XIII which shall read in its entirety as follows: ARTICLE XIII REGULATION OF DISPOSABLE BAGS AND MITIGATION OF OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION Sec. 12-300. Scope and Purpose. The purpose of this Article is to protect the public health, safety and welfare, to maintain and improve the health of the Cache la Poudre watershed and to further the City's Climate Action Plan and Road to Zero Waste, all of which serve the best interests of the residents of Fort Collins. The provisions of this Article shall be effective beginning May 1, 2022. Sec. 12-301. Definitions. The following terms used in this Chapter shall have the meanings ascribed to them below unless the context clearly indicates otherwise: Disposable bag shall mean a bag, other than a reusable bag, provided to a customer at a checkout stand, cash register, point of sale, or other point of departure by any retail establishment for the purpose of transporting and carrying away items purchased at the store. A disposable bag may be made primarily of paper (a disposable paper bag) or plastic (a disposable plastic bag) or other material that does not meet the standards for a reusable bag. Disposable bag shall not include: (1) bags used by consumers inside the store, before the point of sale, to: Packet Pg. 173 -3- a. package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. contain or wrap frozen foods, meat, or fish; c. contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. contain unwrapped prepared foods or bakery goods. (2) bags used to protect a purchased item from damaging or contaminating other items when placed in a reusable bag; (3) bags provided by pharmacists to contain prescription drugs; or (4) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, pet waste, or yard waste. Disposable bag fee shall mean a fee collected pursuant to the provisions of this Article upon each disposable paper bag provided to and used by customers to transport goods from the store. The amount of the disposable bag fee shall be twelve cents ($0.12) per bag. Large grocer shall mean a retail business within the city limits that is located in a permanent building containing at least ten thousand (10,000) square feet of retail space, which operates year-round offering for sale all or the majority of the following typical grocery departments: staple foodstuffs, meats, produce, dairy products, frozen foods or other perishable items primarily for human consumption. Large grocer shall not include: (1) temporary vending establishments for fruits, vegetables, packaged meats, and dairy; or (2) vendors at farmers' markets or other temporary events. Reusable bag shall mean a bag that is: (1) designed and manufactured to withstand repeated uses over a period of time and have a minimum lifetime of one hundred twenty-five (125) uses; (2) made from a material that can withstand regular machine washing; (3) if made from plastic material, not made of plastic film where thickness is measured in mils; (4) designed with the capability to carry minimum of twenty-two (22) pounds over one hundred seventy-five (175) feet. Packet Pg. 174 -4- Vendor share shall mean six cents ($0.06) of the disposable bag fee. Waste reduction program shall mean a plastic pollution mitigation and solid waste and litter reduction program carried out by the City, which may include, without limitation: (1) the administration and operation of the Waste Reduction Program and administration activities to collect all disposable bag fees; (2) activities and campaigns conducted by the City (or a contracted vendor) to provide reusable bags to residents and visitors, educate residents, businesses and visitors about the impact of disposable bags, trash, single-use plastics and other waste on the waterways and environment and on the health and welfare of its residents and visitors, the importance of reducing the number of disposable bags entering the waste stream and to raise awareness about waste reduction and recycling; (3) community clean-up events, City activities, and other community-led activities to reduce or mitigate solid waste and litter; (4) programs and infrastructure to facilitate and encourage the community to reduce waste and recycle, including community-led efforts; (5) creating, expanding, and maintaining equitable outreach and engagement strategies, including a public website to educate residents on the progress of waste reduction efforts; (6) other activities directly related to the reduction of waste from disposable bags, trash, single-use plastics and other waste and its impact on the waterways and environment within the city and the Cache la Poudre watershed; and (7) funding or providing other support for programs and activities conducted by others in furtherance of these purposes. Sec. 12-302. Prohibitions. (a) No large grocer shall provide a disposable plastic bag to a customer at the point of sale. (b) No large grocer shall provide a disposable paper bag to a customer at the point of sale unless such bag is made of at least forty percent (40%) post-consumer paper material that is one hundred percent (100%) recyclable and designed to carry purchases out of stores. (c) Nothing in this Article XIII shall prohibit a large grocer from making reusable bags available for sale or for no cost to customers. Packet Pg. 175 -5- Sec. 12-303. Disposable bag fee requirements. (a) For each disposable paper bag a large grocer provides to a customer, the large grocer shall collect from the customer, and the customer shall pay, at the time of purchase, the disposable bag fee. (b) All large grocers shall record on the customer transaction receipt the number of disposable paper bags provided to each customer and the total amount collected from such customer for the disposable bag fee. (c) No large grocer may provide a rebate or in any way reimburse a customer for any part of the disposable bag fee. (d) No large grocer may exempt any customer from any part of the disposable bag fee for any reason except as stated in § 12- 305. (e) The vendor share of all disposable paper bag fees collected by a large grocer may be retained by the large grocer and used in accordance with this subsection (e). Each large grocer must create a plan for its use of the vendor share to implement the disposable bag fee program and encourage customer use of disposable bags, which plan shall be approved by the City prior to expenditure of the vendor share. A plan for use of the vendor share shall be submitted for City approval for each calendar year from 2022 through 2025, inclusive, and for each 4-calendar year calendar period thereafter. An approved plan may be amended with the approval of the City. Each large grocer must use its vendor share of disposable paper bag fees collected to implement and administer its approved plan. An approved plan may include, but is not limited to, reimbursement of expenses for signage, staff training, and support for customers in advance of the initiation of the disposable bag fee, as well as ongoing expenses for compliance and promotion of the use of reusable bags. No penalties or fines assessed for noncompliance may be paid using disposable bag fee revenues. (f) Each large grocer shall annually report the number and type of disposable and reusable bags it furnishes, the amount of disposable bag fee revenue collected, the number of reusable bags sold, and any other elements of the approved plan for use of its vendor share. The City Manager shall designate, from time to time, the form and timing of the annual report due under this subsection. (g) Nothing in this Article shall prohibit large grocers from providing incentives for the use of reusable bags through credits or rebates for customers who bring their own bags to the point of sale for the purpose of carrying away goods. (h) Nothing in this Article shall prohibit customers from using bags of any type that they bring into the store themselves or from carrying away goods that are not placed in a bag. Packet Pg. 176 -6- Sec. 12-304. Payment to and administration of the disposable bag fee by the City. (a) All disposable paper bag fees collected in excess of the vendor share shall be paid by the large grocer to the City of Fort Collins Finance Department and used for the operation and administration of the waste reduction program. (b) The City Manager shall administer the disposable bag fee and adopt (and may amend, from time to time) the waste reduction plan consistent with the scope and purpose set forth in § 12-301 and the parameters of the definition set forth in § 12-302 above. (c) The City Manager may adopt administrative rules and regulations to implement the provisions of this Article. (d) The City Manager and City Council may suspend the collection and payment of disposable bag fees and other regulations set forth in or adopted pursuant to this Article as deemed necessary due to public health emergencies or other unforeseen circumstances. Sec. 12-305. Exemptions – Low Income Relief. A large grocer may provide a disposable paper bag to a customer at no charge if the cu stomer presents, at the time of purchase, a benefit card reflecting participation in a federal, state, county or City income-qualified aid program, including but not limited to benefits delivered via Electronic Benefits Transfer (EBT) such as the federal Supplemental Nutrition Assistant Program (SNAP) or Supplemental Nutrition Program for Women, Infants and Children (WIC). Sec. 12-306. Recordkeeping and Audits. (a) Each large grocer shall maintain accurate and complete records of the disposable bag fees collected under the provisions of this Article and the number of disposable bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each large grocer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year in which the documents or records were generated. In the event of an audit, investigation or other enforcement action, records and documents must be retained until three (3) years after notice of completion or resolution of such audit, investigation or enforcement action. (b) If requested, each large grocer shall make the foregoing records available for inspection and audit by the City during regular business hours so that the City may verify compliance with the provisions of this Article. To the extent permitted by law, all such records shall be treated as confidential commercial information. Packet Pg. 177 -7- Sec. 12-307. Reporting; Modifications. (a) The City Manager shall provide to the City Council an annual report on implementation and status of the matters described in this Article after the end of 2022 and each calendar year thereafter, which shall address: (1) equity impacts; (2) compliance and outcomes including performance metrics related to number and type of bags distributed; and (3) presence of single-use plastic bags in the environment as a percentage of litter removed from sensitive areas such as Natural Areas and the Poudre River; and (4) Other relevant and complementary metrics consistent with the scope and purpose of this Article as recommended by City staff. (b) Without limitation, City Council reserves the authority and intends to evaluate and adjust, whether by expanding, contracting or modifying, the requirements and provisions of this Article: (1) based on stakeholder engagement or other unforeseen circumstances; (2) to regulate single-use plastic items in addition to disposable bags; and (3) to regulate the use of such items by vendors in the city in addition to large grocers. Sec. 12-308. Violations and penalties. Any person who violates any provision of this Article, whether by acting in a mann er declared to be unlawful or by failing to act as required, commits a civil infraction and shall be subject to the penalty provisions of City Code subsection 1-15(f). Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or chapter. Section 4. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Packet Pg. 178 -8- Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 179 -1- ORDINANCE NO. 027, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND APPROPRIATING AN OFF-CYCLE FUNDING REQUEST, CONTINGENT ON THE OUTCOME OF THE APRIL 2021 ELECTION, TO SUPPORT INITIAL IMPLEMENTATION OF ORDINANCE NO. 026, 2021 ESTABLISHING REGULATIONS REGARDING DISPOSABLE BAGS WHEREAS, City Council has identified plastics pollution as a priority concern, which aligns with the City’s Climate Action Plan (CAP) goals of reducing greenhouse gasses and with the community’s Road to Zero Waste goal to produce zero waste by 2030, as well as the City’s strategic objective to sustain and improve the health of the Cache la Poudre River and all watersheds within the city; and WHEREAS, Council has considered and adopted Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution (the “Disposable Bag Ordinance”) regulating the distribution of disposable bags and future mitigation of other sources of single-use plastic pollution; and WHEREAS, Council has considered and adopted Resolution 2020-118 referring the Disposable Bag Ordinance to a vote of the City’s registered electors at the April 2021 municipal election; and WHEREAS, contingent on the outcome of the April 2021 election, Council desires to appropriate funds to support initial implementation of the Disposable Bag Ordinance, including outreach, education and engagement and making free reusable bags available to the community, prior to May 1, 2022, when the requirements of the Disposable Bag Ordinance go into effect; and WHEREAS, this appropriation protects the public health, safety and welfare of the residents of Fort Collins and serves the public purposes of maintaining and improving the health of the Cache la Poudre watershed and furthering the City's Climate Action Plan and Road to Zero Waste goals; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 180 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($87,500) for expenditure in the General Fund in 2021 to support initial implementation of the Disposable Bag Ordinance, including outreach, education and engagement and making free reusable bags available to the community, provided the voters approve City-referred Ordinance No. 026, 2021, at the April 2021 Election. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 181