HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/06/2021 - REGULAR MEETINGCity of Fort Collins Page 1
Jeni Arndt, Mayor
Emily Gorgol, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Darin Atteberry Tammi Pusheck
City Attorney City Manager Interim City Clerk
Regular Meeting
July 6, 2021
PUBLIC PARTICIPATION OPTIONS
There will be four options for people who would like to participate in the meeting:
Live via the Zoom online meeting,
Live via the telephone,
Live in Council Chambers,
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 (IN PERSON)
To participate in person, individuals should come to City Hall and be prepared to follow strict social
distancing, sanitizer and facial covering guidelines.
A limited number of individuals will be allowed in Council Chambers. Therefore, staging for individuals
who wish to speak will occur in the City Hall lobby and outside (weather permitting).
Individuals will be required to wear masks while inside City Hall and any other City buildings being
utilized.
Individuals who wish to speak will line up at one of the two podiums available in Council Chambers,
maintaining physical distancing by standing on the lines marked on the floor. Facial coverings need to
stay in place while speaking.
Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make
room for the next speaker.
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.
City of Fort Collins Page 3
Proclamations and Presentations
5:00 p.m.
A. Proclamation Acknowledging Fort Collins' Award in the "Best of the Best" Water Taste Test.
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 June 1, 2021 Regular meeting.
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting.
2. Second Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion of the
City's American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response to and
Recovery From the COVID-19 Pandemic.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates $4,217,846
(equivalent to fifteen percent) of the funds the City will receive from the American Rescue Plan Act’s
Coronavirus State and Local Fiscal Recovery Fund (“ARPA”). The appropriated amount will be used
to address immediate and short-term needs in response to the COVID-19 public health emergency
and its negative impact to our community’s health, social well-being and economy.
3. Second Reading of Ordinance No. 080, 2021, Making Supplemental Appropriations for the Restorative
Justice Services Program.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services. The
City has received a grant in the amount of $67,612 from the Colorado Division of Criminal Justice
Juvenile Division fund for the continued operation of Restorative Justice Services, which includes the
RESTORE program for shoplifting offenses, the Restorative Justice Conferencing Program (RJCP),
and Reflect Program for all other offenses. No match is required. The grant period is July 1, 2021, to
June 30, 2022.
City of Fort Collins Page 5
4. Second Reading of Ordinance No. 081, 2021, Amending Section 2-34 of the Code of the City of Fort
Collins to Designate the City’s Website as the Proper Place for Posting of City Council Meeting Notices
and Agendas.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends City Code to
designate the proper place for the posting of all public notices and agenda materials related to Council
meetings and committees as the City’s website at fcgov.com.
5. Second Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort
Collins Regarding Smoking Materials.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends Chapter 12 of the
City Code to reflect adopted State of Colorado House Bill (HB) actions which equate “vaping” with
“smoking” and change age restrictions on selling smokable products from 18 years old to 21. It would
also add a local definition of “smoking material” to clearly define what products cannot be sold to
persons under 21 years of age for purposes of smoking or vaping.
6. Second Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater Easement
on Larimer County Landfill Property to Larimer County.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, conveys a wastewater
easement to Larimer County on the Larimer County Landfill property, which is co-owned by Larimer
County (25%); the City of Loveland (25%); and the City of Fort Collins (50%). The easement is
necessary for the construction of the future Larimer County Behavioral Health Facility on County-
owned property directly to the south of the landfill. Approval by all three municipalities is required for
the conveyance of the easement, because all three have an ownership interest in the property.
7. Second Reading of Ordinance No. 084, 2021, Amending Chapter 24 of the Code of the City of Fort
Collins to Adopt the Updated 2021 Larimer County Urban Area Street Standards by Reference.
This Ordinance, unanimously adopted on First Reading on June 15, 2021, adopts an updated 2021
version of the Larimer County Urban Area Street Standards (2021 LCUASS). These updates occur on
a periodic basis. LCUASS guides the design of both private developments and public engineering
capital projects within the City and in the growth management areas of the Cities of Fort Collins and
Loveland. The LCUASS are also referenced and used as part of other local jurisdictions road
standards. LCUASS was originally adopted on January 2, 2001, by Ordinance No. 186, 2000.
8. First Reading of Ordinance No. 085, 2021, Appropriating Prior Year Reserves from the Public,
Educational, and Governmental (PEG) Programming Fund in the General Fund for FC Public Media.
The purpose of this item is to appropriate $66,844 in restricted Public, Educational, and Governmental
(PEG) reserves in the General Fund to Fort Collins Public Access Network (d/b/a FC Public Media) for
eligible capital expenditures for their operation.
9. First Reading of Ordinance No. 086, 2021, Appropriating Unanticipated Revenue from Philanthropic
Donations Received by City Give to Support the Operations of The Gardens on Spring Creek.
The purpose of this item is to request an appropriation of $30,000 in philanthropic revenue received
through City Give for The Gardens on Spring Creek to support operations as designated by the donor,
The Friends of the Gardens on Spring Creek.
10. First Reading of Ordinance No. 072, 2021, Amending Section 2-568 of the Code of the City of Fort
Collins Relating to Ethical Rules of Conduct for Quasi-Judicial Commission Members.
The purpose of this item is to amend the Ethical Rules of Conduct in Chapter 2 of the City Code to
provide clear guidance and direction to Type 2 Advisory Board and Quasi-Judicial Commission
members with respect to activities that call for their recusal from matters coming before them in their
decision-making capacity.
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11. First Reading of Ordinance No. 087, 2021 Amending the Code of the City of Fort Collins to Correct
and Clarify an Inadvertent Change to the Appeal to the City Council of Final Decisions by the Building
Review Commission and the Water Commission.
The purpose of this item is to provide Council with an opportunity to decide whether certain final
decisions by the Building Review Commission and the Water Commission that were appealable to
City Council prior to repeal and reenactment of Chapter 2, Article II, Division 3 of the City Code (the
“Appeals Code”) should be reinstated.
12. Items Relating to the Northeast Frontage Road Annexation.
A. Resolution 2021-071 Setting Forth Findings of Fact and Determinations Regarding the
Northeast Frontage Road Annexation.
B. Public Hearing and First Reading of Ordinance No. 088, 2021, Annexing the Property Known
as Northeast Frontage Road Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to request the 100% voluntary annexation of a former frontage road that
was recently vacated by Colorado Department of Transportation (CDOT). The vacated 4-acre tract of
land reverted to the adjacent property owner, who is now petitioning for annexation and zoning of the
property. The Initiating Resolution was adopted on May 18, 2021. The property is located within the
boundary of the I-25 Corridor Plan. A related item to zone the annexed property is presented as the
next item on this Agenda.
This annexation request is in conformance 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.
13. Public Hearing and First Reading of Ordinance No. 089, 2021, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Northeast Frontage
Road Annexation to the City Of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map and Lighting Context Area Map.
The purpose of this item is to zone the property included in the Northeast Frontage Road Annexation
into the General Commercial (C-G) zone district and LC2 Lighting Context Area.
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 2019-064.
14. Public Hearing and First Reading of Ordinance No. 090, 2021 Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Northeast
Prospect & I-25 Rezoning and Making Corresponding Changes to the Lighting Context Area Map and
Residential Neighborhood Sign District Map.
The purpose of this item is to rezone 4.265-acres in the northeast quadrant of the I-25 and East
Prospect Road interchange (parcel # 8715000009). The site is currently zoned Urban Estate (UE) and
the request is for placement into the Industrial (I) zone district.
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 2019-064.
City of Fort Collins Page 7
15. Resolution 2021-072 Approving the 2021 Certification to the Larimer County Assessor Pursuant to
Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment.
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment
from the 2021 property taxes payable in 2022 to the City and to all other affected taxing entities.
16. Resolution 2021-073 Approving the Appointment of Tammi Pusheck as Interim City Clerk Effective as
of June 28, 2021.
The purpose of this item is to appoint Tammi Pusheck as Interim City Clerk following the resignation
of City Clerk Delynn Coldiron.
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. COMMUNITY REPORT: West Nile Virus Update with Larimer County Health Director Tom
Gonzales
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.
17. Second Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal
Immigration Legal Fund Pilot Program. (staff: JC Ward, Caryn Champine; 5 minute presentation; 30
minute discussion)
Changes to this Ordinance on second reading include: 1) clearly identifying the Immigration Legal
Fund as a “Pilot Program” throughout; 2) recognizing the economic and family impacts of immigration
proceeding on the Fort Collins’ community; and 3) specifying metrics to be reported to Council on a
quarterly basis.
City of Fort Collins Page 8
This Ordinance, adopted on First Reading on June 15, 2021, appropriates $250,000 in General Fund
Reserves to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation
would create a Pilot Program to fund local access to legal services to assist Fort Collins residents in
the complex legal proceedings required to seek citizenship or to formally establish lawful presence. In
recognition of the impacts on children and the financial contributions made by the Fort Collins’
immigrant community, grant funds would be awarded to legal service providers based on a competitive
process and would be dedicated to providing defense and legal support for Fort Collins residents:
at risk of deportation;
children seeking Special Immigrant Juvenile Status;
seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance
Committee reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings.
Specific metrics including number of clients served, case outcomes, number of Fort Collins’ children
impacted, number of days spent in deportation proceedings, and income range of clients will be
reported back to Council quarterly once the Pilot Program is initiated.
18. First Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the Income-
Qualified Assistance Program. (staff: Jamie Gaskill, Brian Tholl; 10 minute presentation; 30 minute
discussion)
The purpose of this item is to consider a Code amendment to extend the Income-Qualified Assistance
Program (IQAP) pilot rate an additional year (through 2022) and align it with the Fort Collins Utilities’
rate ordinances that are considered in the fall. Additionally, this item considers Code amendments that
would make administrative modifications to the program’s enrollment process.
19. Resolution 2021-074 Expressing Council's Intent and Direction Regarding Remote Work Sessions.
(staff: Honore Depew; 2 minute presentation; 15 minute discussion)
The purpose of this item is to adopt a Resolution expressing Council’s intent and direction regarding
remote work sessions. This Resolution sets a consistent expectation for the format of Council work
sessions; Alternative 1 makes remote participation the default format while Alternative 2 makes in-
person participation the default.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
B. Consideration of a motion to reschedule the August 3 Regular meeting to 6:00 p.m. on August 4,
2021:
“I move, pursuant to City Code Section 2-28 (a), that the August 3, 2021, Regular Council meeting
be moved to Wednesday, August 4, 20210, so that Councilmembers may participate in the annual
“Neighborhood Night Out” community activities that are scheduled for the evening of August 3.”
C. Consideration of a motion to cancel the August 17 Regular meeting:
“I move, pursuant to City Code Section 2-28 (a), that the August 17, 2021, Regular Council meeting
be cancelled.”
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ADJOURNMENT
A. Consideration of a Motion to Adjourn to 8:00 p.m. on Tuesday, July 13, 2021:
“I move that this meeting be adjourned to 8:00 p.m. on Tuesday, July 13, 2021, or such time
thereafter as the Council completes the work session scheduled for 6:00 p.m. that evening, for an
Executive Session to discuss issues related to telecommunications services and facilities, and for
such other business as may come before the Council.”
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.
PROCLAMATION
WHEREAS, water is our most valuable natural resource; and
WHEREAS, Fort Collins tap water is critical to maintaining public health protection,
economic vitality, fire protection, and quality of life; and
WHEREAS, the American Water Works Association (AWWA) and its members have
conducted a North American water tasting competition known as the “Best of the Best” Water
Taste Test, where an esteemed judging panel rated each water system on its flavor
characteristics; and
WHEREAS, this was a unique opportunity for both water professionals and the
communities they serve to be recognized for the vital role water plays in our daily lives, and
recognize the City staff who work diligently to guarantee that the drinking water leaving the
City’s Water Treatment Facility is safe to drink, tastes great, and meets all federal and state
standards; and
WHEREAS, we are all stewards of the water infrastructure upon which future
generations depend, and it contributes to a successful community through low mortality rates,
economic growth and diversity, productivity and public safety; and
WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters
from pollution, to practice water conservation, and to get involved in local water issues.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
acknowledge that Fort Collins drinking water was awarded
SECOND PLACE IN AMERICAN WATER WORKS
ASSOCIATION’S WATER TASTING COMPETITION
and recognize the staff of the City’s Water Treatment Facility for their role in this achievement.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 10
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Heather Walls, Deputy City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 1, 2021 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting.
ATTACHMENTS
1. June 1, 2021 (PDF)
1
Packet Pg. 11
City of Fort Collins Page 467
June 1, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• CALL MEETING TO ORDER
Mayor Arndt noted the City is now following guidelines that do not require masks for vaccinated
individuals.
• ROLL CALL
PRESENT: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Gorgol
STAFF: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended withdrawing Item No. 6, Items Relating to the Completion
of the 2021 Spring Cycle of the Competitive Process for Allocating City Financial Resources to
Affordable Housing and Community Development Activities Utilizing Funds from the Federal
Community Development Block Grant (CDBG) Program, Federal HOME Investment
Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF) and the City’s Human
Services Program (HSP), and Appropriating Funding Accordingly, from the Consent Agenda to
allow Councilmember Canonico to recuse herself due to a conflict of interest.
• PUBLIC COMMENT
Kimberly Chambers provided statistics on LGBTQIA youth and commented on big positive
impacts such as allowing cost-free spaces for young, diverse groups to gather, having gender
neutral restrooms in all City facilities, and flying a diverse and inclusive flag at City Hall. She
requested Council speak up on how it intends to advocate for the safety and well-being of
LGBTQIA youth, residents, and visitors.
G. Inguanta commented on defending the Planned Parenthood facility against pro-life protestors.
They suggested increasing the space limit to 200 feet for protestors from the clinic.
Tom Drean opposed public funding of an immigration legal services fund.
Christy (no last name given) opposed a municipal immigration legal services fund.
John (no last name given) opposed a municipal immigration legal services fund.
James (no last name given) opposed a municipal immigration legal services fund.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro asked if there is a memo forthcoming regarding the Planned Parenthood
protestor issue. City Attorney Daggett replied staff is working on putting together some
information that will hopefully be available next week.
Councilmember Pignataro noted the immigration legal services fund is on Council’s agenda in two
weeks.
1.1
Packet Pg. 12 Attachment: June 1, 2021 (10433 : Minutes - 6/1)
June 1, 2021
City of Fort Collins Page 468
• CONSENT CALENDAR
Councilmember Gutowksy withdrew Item No. 5, First Reading of Ordinance No. 075, 2021,
Appropriating Prior Year Reserves in the Community Capital Improvement Program Fund for
Public Engagement for the Southeast Community Innovation Center and Pool, from the Consent
Agenda.
Kurt Kastein withdrew Item No. 3, First Reading of Ordinance No. 073, 2021, Making
Supplemental Appropriations of American Rescue Plan (ARP) Act and Coronavirus Response and
Relief Supplemental Appropriations Act (CRRSAA) Funding, from the Consent Agenda.
Councilmember Pignataro made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Gorgol
1. Consideration and Approval of the Minutes of the May 4, 2021 Regular meeting. (Adopted)
The purpose of this item is to approve the minutes of the May 4, 2021 Regular meeting .
2. Items Relating to Affordable Housing Fee Credit Requests. (Adopted)
A. Second Reading of Ordinance No. 070 2021, Authorizing a Fee Credit and Appropriating Prior
Year Reserves in the General Fund for the Housing Catalyst Oak 140 Affordable Housing
Development.
B. Second Reading of Ordinance No. 071, 2021, Authorizing a Fee Credit an d Appropriating
Prior Year Reserves in the General Fund for the Volunteers of America Cadence Affordable
Housing Development.
This Ordinance, unanimously adopted on First Reading on May 18, 2021, considers requests from two
qualifying development projects for fee credits totaling $350,000. At the discretion of Council, City
Code authorizes a fee credit of $14,000 per qualifying unit of new affordable housing construction,
provided that the proposed credits will not jeopardize the financial interests of the City. Fee credits
subsidize the development of affordable housing units serving families that earn up to 30% of AMI (or
$22,600 for a family of two). The Council Finance Committee heard this item at their April 16, 2021,
meeting and recommend granting these requests.
3. First Reading of Ordinance No. 074, 2021, Authorizing the City Manager to Accept a Grant
Award and Comply with the Terms of the Grant and Appropriating Unanticipated Black and
Grey Market Marijuana Enforcement Program Grant Revenue in the General Fund for Police
Services. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the amount of $41,564 from
the Colorado Department of Local Affairs in the General Fund to support investigation and prosecution
of black-market marijuana activity.
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4. First Reading of Ordinance No. 078, 2021, Approving Emergency Rule and Regulation No. 2021 -
01 Permitting Utility Billing Payment Plans for Past Due Amounts on Terms Other Than Those
Set Forth in the Fort Collins Municipal Code and Enacted by the City Manager Pursuant to the
Local COVID-19 Emergency. (Adopted)
The purpose of this item is to approve Emergency Rule and Regulation No. 2021 -01 enacted by the
City Manager in response to resuming normal utility business operations after the COVID-19
pandemic. Emergency Rule and Regulation No. 2021 -01 suspends the “full-payment” of outstanding
balances requirement of City Code Section 26-713(e) and will allow customers to enter a payment
plan to have utility services restored immediately upon payment of a portion of their outstanding
balances. The Ordinance also expressly suspends that Code Section.
Section 2-671(a)(6)(a) of the City Code provides that emergency rules and regulations must be
confirmed at the earliest practical time by the Council. This Ordinance seeks Council’s approval and
ratification of Emergency Rule and Regulation No. 2021-01. By enacting this Ordinance ratifying
Regulation No. 2021-01, the City’s Utility billing will begin a transition back to normal business
practices, as defined by Section 26-713(e) of the Municipal Code which requires that any outstanding
balance be paid in full before utility services are restored.
5. Resolution 2021-063 Authorizing the Assignment of the City’s Private Activity Bond Allocation
for 2021 to Housing Catalyst to Finance the New Construction and Rehabilitation of Affordable
Housing Units. (Adopted)
The purpose of this item is to support the new construction and rehabilitation of affordable housing at
two connected locations in the City by assigning the City’s 2021 Allocation of Private Activity Bond
(PAB) capacity to Housing Catalyst. PAB capacity is required for development projects using state or
federal 4% Low-Income Housing Tax Credit financing.
6. Items Relating to Three Intergovernmental Agreements With the Colorado Department of
Transportation for the Award of Settlement Funds and Funding Ad vancements for Surface
Transportation and Economic Recovery Act (FASTER) Capital Funds. (Adopted)
A. Resolution 2021-064 Authorizing the Execution of Two Intergovernmental Agreements with
the Colorado Department of Transportation to Award Volkswagen Settlement Funds for
Replacement Electric Vehicle and Infrastructure Purchase.
B. Resolution 2021-065 Authorizing the Execution of an Intergovernmental Agreement with the
Colorado Department of Transportation to Award Funding Advancement for Sur face
Transportation and Economic Recovery Act of 2009 (“FASTER”) Funds for Replacement
Electric Vehicle and Infrastructure Purchase.
The purpose of this item is to authorize the execution of three intergovernmental agreements (IGAs)
with the Colorado Department of Transportation (CDOT). Two of these agreements will result in the
receipt of two Volkswagen Settlement awards that were applied for, and awarded, through CDOT’s
Consolidated Call for Capital Projects in 2019. Additionally, Transfort annually rece ives the 2021
Funding Advancement for Surface Transportation and Economic Recovery Act of 2009 (“FASTER”)
capital award funding. This year’s award will be used for the purchase of one alternatively fueled
vehicle and one depot charger. The combined incoming funds for all awards were appropriated through
the 2021 BFO cycle and are accounted for in the approved 2021 Transfort budget.
7. Resolution 2021-066 Designating Mayor Jeni Arndt to Replace Former Mayor Wade Troxell to
Represent the City on the Colorado Attorney General’s Local Government Opioid Settlement
Funds Stakeholder Working Group. (Adopted)
The purpose of this item is to appoint Mayor Jeni Arndt to the Colorado Attorney General’s Local
Government Opioid Settlement Funds Stakeholder Working Group to replace former Mayor Wade
Troxell.
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8. Resolution 2021-067 Expressing the City Council’s Support for the Fort Collins LGBTQ+
Community with a Display of Rainbow Lights at City Hall. (Adopted)
The purpose of this item is to express Council’s support for the Fort Collins LGBTQ+ community with
a display of rainbow lights at City Hall during the month of June, which is Pride month.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Ohlson commented on Item No. 7, First Reading of Ordinance No. 078, 2021,
Approving Emergency Rule and Regulation No. 2021-01 Permitting Utility Billing Payment Plans
for Past Due Amounts on Terms Other Than Those Set Forth in the Fort Collins Municipal Code
and Enacted by the City Manager Pursuant to the Local COVID-19 Emergency, stating he does
not agree with the statement that this item has not been presented to the Energy Board or the Water
Commission due to the COVID emergency. He suggested the item could have been presented to
the Boards and Commissions as staff was aware of the phasing out of this program.
City Manager Atteberry replied direction had been received from the past Council related to this
item.
Deputy City Manager DiMartino replied staff could get more detailed information prior to Second
Reading or perhaps later this evening.
Councilmember Ohlson requested clarification regarding the number of units in reference to Item
No. 8, Resolution 2021-063 Authorizing the Assignment of the City’s Private Activity Bond
Allocation for 2021 to Housing Catalyst to Finance the New Construction and Rehabilitation of
Affordable Housing Units. City Manager Atteberry replied staff would clarify or clear up any
errors.
• COUNCILMEMBER REPORTS
Councilmember Ohlson stated he believes it is time for Fort Collins to begin reopening its
government and for interactions with citizens to resume. He requested information as to the
planned timeline for that to occur and stated he does support the ability of Councilmembers and
citizens to remain participating remotely if they so choose.
Councilmember Pignataro suggested that issue could be discussed under Other Business.
Councilmember Gutowsky reported on attending the recent Visit Fort Collins gathering.
Councilmember Peel reported on attending a Quail Hollow neighborhood meeting and
commended Paul Sizemore on his handling of the meeting. She also reported on a meeting with
Tyler Marr regarding cell service, a meeting with Mayor Pro Tem Gorgol regarding resident-
owned communities, and on the Memorial Day ceremony during which the Parks Department
received an award for work at Veteran’s Plaza.
Councilmember Canonico reported on the groundbreaking for Pathways in-patient hospice care
facility.
Councilmember Gutowsky commented on the Veteran’s Plaza park and the Memorial Day
activities.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
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● CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 075, 2021, Appropriating Prior Year Reserves in the Community
Capital Improvement Program Fund for Public Engagement for the Southeast Community
Innovation Center and Pool. (Adopted on First Reading)
The purpose of this item is to appropriate funds to hire a consultant to conduct public outreach that will
be used to provide program plan services for the Southeast Community Innovation Center and Pool
that was approved in the BOB 2 (Building on Basics) ballot measure in 2015.
Councilmember Gutowsky requested additional information on the Southeast Community
Innovation Center project and public engagement. City Manager Atteberry replied the project is
in a ballot-funded list of projects and is required by the ballot measure to be located in the southeast
part of town. This item involves funding community engagement to discuss the elements of what
citizens would like to see in the project and that would lead to design and construction in 2023-
2024. He stated the capital project is approximately $18 million.
Aaron Harris, Interim Recreation Director, replied the public outreach will involve working with
industry professionals to identify the best use of funds for the Southeast Community Center and
ensure the best and most current needs of the community are being captured in the space which is
unique to the city and northern Colorado.
Councilmember Ohlson disagreed citizens in northern Colorado but outside of the City should
have a say in the facility as it was funded by a Fort Collins ballot measure. He questioned why
funds are being spent to hire out public outreach efforts when it could be done by staff. He
requested that information prior to Second Reading.
Sandra Holt stated a lap pool is the most desired element for this project.
Councilmember Gutowsky asked if a leisure pool as defined in the project description would be
available for laps.
City Manager Atteberry commented on staff not having enough bandwidth to do outreach in an
effective way.
Harris stated lap lanes are not included as part of the ballot language; however, part of the public
outreach is to consider the critical components desired by citizens.
Councilmember Pignataro noted the City has been on a hiring freeze; therefore, staff is stretched
thin. She also noted this was one of several projects approved as part of the ballot measure.
City Manager Atteberry discussed the City’s history with ballot-funded groups of projects noting
they are typically constructed as funding is available rather than having debt issued to build all
projects simultaneously. He noted this is one of the last of this group.
Councilmember Ohlson stated he would be voting against this item on First Reading, but that is
not necessarily indicative of his future vote. He commended the City on historically delivering
capital projects as promised.
Councilmember Pignataro made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 075, 2021, on First Reading.
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RESULT: ORDINANCE NO. 075, 2021 ADOPTED ON FIRST READING [5 TO 1]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
ABSENT: Gorgol
10. Items Relating to the Completion of the 2021 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Developme nt
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable
Housing Fund (AHF) and the City’s Human Services Program (HSP), and Appropriating
Funding Accordingly. (Adopted on First Reading)
A. Public Hearing and Resolution 2021-062 Approving the Programs and Projects that Will
Receive Funds from the Federal Community Development Block Grant Program, the HOME
Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human
Services Program.
B. Public Hearing and First Reading of Ordinance No. 076, 2021, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
C. Public Hearing and First Reading of Ordinance No. 077, 2021, Appropriating Unanticipated
Revenue in the HOME Investment Partnerships Program.
The purpose of this item is to approve funding recommendations of the 2021 Spring Cycle of the
Competitive Process and appropriate federal dollars.
Resolution 2021-062 will complete the 2021 Spring Cycle of the Competitive Process for allocating
$4,103,056 in City financial resources to affordable housing and public facility projects, human service
programs and administration of the programs.
Ordinance No. 076, 2021 and Ordinance No. 077, 2021 appropriate the City’s FY2021 Community
Development Block Grant (CDBG) Entitlement Grant and FY2021 Home Investment Partnerships
Program (HOME) Participating Jurisdiction Grant from the Department of Housing and Urban
Development (HUD), and CDBG program income from FY2019 & FY2020 and HOME Program
Income from FY2019 & FY2020.
(Secretary’s Note: Councilmember Canonico withdrew from the discussion of this item due to a
conflict of interest.)
Councilmember Ohlson requested additional information regarding the requirements for the
spending of federal funds on planning and administration prior to Second Reading. City Manager
Atteberry replied 15% of CDBG dollars can be used for administration and program oversight,
which are real incurred costs. If the funds do not come from CDBG HUD dollars, they would
need to come from the general fund.
Councilmember Ohlson stated he would like to receive a list of staff members and percentages of
salaries being covered by these funds. City Manager Atteberry replied he would provide that
information.
Councilmember Pignataro made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-062. Yeas: Pignataro, Arndt, Gutowsky and Peel. Nays: Ohlson.
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RESULT: RESOLUTION 2021-062 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Peel, Gutowsky
NAYS: Ohlson
RECUSE: Canonico
ABSENT: Gorgol
Councilmember Pignataro made a motion, seconded by Councilmember Gutowksy, to adopt
Ordinance No. 076, 2021, on First Reading. Yeas: Pignataro, Arndt, Gutowsky and Peel. Nays:
Ohlson.
RESULT: ORDINANCE NO. 076, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Peel, Gutowsky
NAYS: Ohlson
RECUSE: Canonico
ABSENT: Gorgol
Councilmember Pignataro made a motion, seconded by Councilmember Gutowksy, to adopt
Ordinance No. 077, 2021, on First Reading. Yeas: Pignataro, Arndt, Gutowsky and Peel. Nays:
Ohlson.
RESULT: ORDINANCE NO. 077, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Peel, Gutowsky
NAYS: Ohlson
RECUSE: Canonico
ABSENT: Gorgol
• DISCUSSION ITEMS
11. Guardian Self-Storage Project Development Plan Appeal. (Adopted)
The purpose of this item is to consider an appeal of the Planning and Zoning Commission’s Decision,
on March 11, 2021, approving the Guardian Self-Storage Project Development Plan #PDP190020,
located on the northeast corner of South College Avenue and Fossil Creek Park way. (The Commission
was previously referred to as the Planning and Zoning Board; the current name of Planning and Zoning
Commission is used here to avoid confusion.) A Notice of Appeal was filed on March 25, 2021, alleging
the Planning and Zoning Commission failed to conduct a fair hearing in that it substantially ignored its
previously established rules of procedure regarding staff’s recommendation for approval of the project
and its possible impact on the decision and that the Commission’s decision appr oving the project is
inappropriate because it contradicts adopted plans and policies. The Notice of Appeal further alleged
that the Commission failed to properly interpret and apply the South College Corridor Plan, Policy LU
1.4 regarding enclosed storage located away from the South College frontage, and Land Use Code
(LUC) Section 3.10.2(A) regarding enclosed storage only permitted below or above ground floor level.
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City Attorney Daggett reviewed the appeal process.
Paul Sizemore, Interim Planning, Development, and Transportation Director, provided a staff
overview of the proposed project, which is located on the northeast corner of South College
Avenue and Fossil Creek Parkway and located in the General Commercial (CG) zone district
which does allow enclosed mini-storage as a use subject to a Type II hearing by the Planning and
Zoning Commission. He also noted the property is in the Transit-Oriented Development Overlay
District (TOD) and is subject to the South College Corridor Plan.
Sizemore detailed the proposed 4-story, 119,000 square foot enclosed mini-storage facility with
six parking spaces on 2.2 acres, including two modification requests to allow for ground-floor
enclosed storage and to allow parking between the building and Fossil Creek Parkway. He detailed
the timeline of the project and appeal and detailed the allegations in the notice of appeal. He
provided additional information about the South College Corridor Plan noting it is not regulatory
and the Plan provides a vision and policy guidance rather than specific requirements that must be
met. He detailed the Planning and Zoning Commission decision and discussed the modification
of standard requirements.
Councilmember Pignataro stated she used to live immediately southeast of the proposed
development, but she does not believe that presents a conflict of interest.
Mayor Arndt requested input from those Councilmembers who attended the site visit.
Councilmember Ohlson stated he observed the context and the property.
Councilmember Gutowsky concurred with Councilmember Ohlson and stated she also observed
the site topography.
Councilmember Peel stated the site visit was helpful to consider the drainage and pedestrian issues.
Ben Thurston, Baseline Engineering, appellant, introduced himself.
Carolynne White, counsel for the party opposing the appeal, Guardian Storage, introduced herself.
Jeff Michaelson, Desmone Architects, introduced himself as an opponent to the appeal.
Amber Lane introduced herself as an interested party due to her status as an indigenous steward.
She stated there is to be prior informed consent on issues affecting lands.
City Attorney Daggett stated the Code regulations related to appeal hearings do not specifically
provide a basis for Ms. Lane to speak as a party-in-interest.
Councilmember Pignataro commented on the recently formed City equity office that will help deal
with some of the issues discussed by Ms. Lane; however, she stated this process cannot be stopped
to deal with those issues.
Rich Stave introduced himself as an attendant at the Planning and Zoning Board meeting and as
speaking on behalf of the appellant.
Sandra Holt introduced herself as a party-in-interest in support of the appeal.
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Ms. White introduced the team of individuals who will be speaking in opposition to the appeal.
Mayor Arndt outlined the time allotments for the hearing presentations.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
APPELLANT PRESENTATION
Mr. Thurston stated he is representing the property owner immediately north of the subject
property, Bruce Odette. He discussed the South College Corridor Plan noting it names storage
unit uses as one that detracts from the overall vitality of the corridor. He also discussed the TOD
and outlined reasons this site is not appropriate for enclosed storage: the South College Corridor
Plan, the TOD overlay zone, and its location on an important corner. He reviewed the staff finding
that enclosed mini-storage is a permitted use, which he stated is an incorrect reading of the Code
as enclosed mini-storage is prohibited on the ground floor. Additionally, he stated compatibility
should be evaluated using the land use policies of the South College Corridor Plan, which states
that storage uses are to be located away from the South College frontage. Regarding the staff
finding that College frontage lacks established development pattern with an active street front, Mr.
Thurston stated the South College Corridor Plan was adopted to change the development pattern
and land use over time and allowing storage, a low-activity land use, is a fundamental betrayal of
the plan. He also noted the site is within walking distance of the South Transit Center and stated
the way to strengthen the investment in transit is to require transit-supporting land uses within the
TOD overlay zone.
Mr. Thurston stated the construction of Snead Drive and sidewalks being identified as a benefit of
the project is misleading as they are not unique benefits of this project. He stated there is no
physical hardship in placing active uses on the ground floor, and though it may not match the
applicant’s business model, the appropriate conclusion should be that enclosed mini-storage
should not be located in the TOD overlay zone. Additionally, he disagreed with the staff finding
that this use is similar to an enclosed parking structure and requested Council overturn the Planning
and Zoning Board approval of the project.
Rich Stave questioned the building massing compared to the buildings around it. He questioned
where the building starts and ends in elevation. He also stated that the public would have access
to the drive 24/7 despite the statement the property is not open 24/7. He also questioned the
location of the building from South College Avenue noting other buildings in the area are further
set back.
Sandra Holt commented on the looming nature of Redtail Ponds and stated this building will be
similar. She also discussed traffic issues in the area and commented on the country nature of the
neighborhood.
APPLICANT PRESENTATION
Ms. White stated neither the appeal nor the appellants’ presentation provided an argument or
evidence as to why the Planning and Zoning Commission failed to follow its rules of procedure or
failed to provide a fair hearing. She commented on the tract A portion of the property which will
remain undeveloped and provide a wetland buffer to the neighborhood and stated that is one of the
complicating factors that creates a hardship for development of the property. She commented on
the ways in which this project and company differs from a traditional storage use and stated data
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shows a tremendous unmet need for off-site storage. She stated the facility will only be open from
6 AM until 10 PM and the traffic impact study shows the use will generate very few car trips.
Ms. White discussed the site challenges including the bifurcation of the property by Snead Drive,
significant drainage and storm flow issues, and significant elevation changes. She stated it would
not likely be possible to achieve a development that met all applicable City Plan and South College
Corridor Plan goals and visions.
Martha Fitzgerald, counsel for the applicant, stated the Planning and Zoning Commission made its
ruling based on sizable information after a full and fair hearing. She noted Council’s role is to
determine whether the Commission properly analyzed the information in the record and the burden
to overturn the Commission’s decision is on the appellant.
Ms. Fitzgerald went on to discuss the approved modifications of standard regarding parking and
the use of ground-floor mini-storage. She noted the Land Use Code specifically states that the
process for modifications of standard apply to Article 4. She stated the project alleviates a defined
community need and addresses issues on site, which would be unlikely to be developed with a use
that would attract a high volume of foot traffic. She also stated the South Col lege Corridor Plan
is not legally enforceable.
APPELLANT REBUTTAL
Mr. Thurston stated the most important finding Council needs to make is regarding the way the
Land Use Code has been interpreted. He commented on the applicants’ assertion that Section
3.10.2, labeled permitted uses, is not a land use provision but rather a development standard. He
stated the TOD overlay zone applies to any zone district wherein the TOD overlay zone falls. He
argued the storage use is prohibited and should be treated as such and not granted by variance,
exception, or exemption.
Mr. Stave commented on the ‘squishy’ role of the Planning and Zoning Commission and staff in
approving a project. He commented on this lot always having been a part of Fossil Creek Meadows
and on the desire of residents’ to have the quiet nature of the neighborhood maintained.
Ms. Holt stated there are two storage facilities within one mile of this location and questioned
whether there is truly a need for additional facilities. She also stated it does not make sense to
place a 4-story building in an area of all single-story buildings.
APPLICANT REBUTTAL
Ms. Fitzgerald stated the Land Use Code is the law and the South College Corridor Plan is
advisory. She also stated the modifications of standard have been requested per protocol and were
approved by the Planning and Zoning Commission. She also commented on the character of the
area not being pedestrian-friendly. She noted the appeal alleges the proposed use constitutes a
violation of policy LU 1.4 in the South College Corridor Plan; however, she argued guid ance
cannot be violated. She acknowledged the Code prohibits ground-floor mini-storage, but noted
the project requested and was granted a modification. She stated there is no legal basis upon which
to overturn the decision of the Commission.
Ms. White noted the South College Corridor Plan aims to ‘minimize’ non -active uses on South
College Avenue and while the legally-binding Land Use Code does prohibit the use, a modification
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was duly requested and approved by the Commission. She stated this appeal does not have a
proper basis and stated there was a fair hearing and the Commission did not misinterpret applicable
Code provisions.
COUNCIL DISCUSSION AND DELIBERATION
Councilmember Pignataro requested staff input regarding the reasons a party may appeal a
Planning and Zoning Commission decision. City Attorney Daggett replied there are specific
grounds laid out in Chapter 2 of the Code that identify particular types of fair hearing issues, one
of which is failure to follow procedures, as is the allegation made in this appeal. The other general
ground for filing an appeal is alleging that the decision-maker failed to properly interpret and apply
particular applicable provisions of the Code. She discussed the modification of standards
requirements that apply in this case and stated the evaluation of whether the modification of
standards provision has been properly applied, in terms of the standard itself, is not a ground for
appeal in this appeal, though it is not unusual for that to be a basis for appeal.
Councilmember Peel requested staff input regarding whether other developments in the area are
transit-oriented. Sizemore replied the TOD overlay zone includes this property; however, the
property to the south is outside the overlay zone. He noted office uses are allowed within the TOD
overlay zone, as are storage uses; however, the one development standard prohibits the use from
being on the ground floor.
Councilmember Peel asked if the South College Corridor Plan is a regulatory, binding document.
Sizemore replied the Plan is an adopted plan and policy document adopted by resolution and is not
regulatory in nature. City Attorney Daggett noted the Land Use Code is the set of rules adopted
by Council to carry out vision documents such as the Corridor Pl an; therefore, from a legal
standpoint, the Land Use Code takes precedence over any policy plan document.
Councilmember Peel asked how this property was originally platted per Mr. Stave’s comments.
Mr. Stave replied Fossil Creek Meadows was platted in 1977 within the County and two lots were
part of the original plat, one of which is now Discount Tire, the other of which has been empty
since and is now the subject of this development proposal. He noted the property has a great deal
of challenging topography.
Councilmember Peel asked if the property will be open 24/7 or not. Ms. White suggested the
operators provide that information. Stephen Cohen, Guardian Self-Storage, replied the access
hours for all properties are 6 AM to 10 PM. Mr. Stave stated the confusion regarding 24/7 access
lies in the appearance of the building with ground-floor access and loading docks. Mr. Cohen
stated there are not loading docks, but rather loading bays for vehicular access. He stated the doors
in the loading bays are protected by electronic security and keypad access that is only usable during
operating hours. Additionally, doors on the north side of the building are only accessible with
electronic keypads during operating hours.
Councilmember Ohlson suggested Council could require specific hours of operation as ownership
may change. He noted Discount Tire changed its hours of operation from what was approved.
Councilmember Canonico asked if staff has followed up to determine whether the identified need
for self-storage exists. City Attorney Daggett stated it is important to note questions about the
need for the facility are outside the scope of the appeal, though it may be helpful context.
Councilmember Canonico stated she was curious about the public benefit provided regarding the
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modification request. City Attorney Daggett noted there was not an appeal of the modification of
standard.
Councilmember Pignataro asked if the third part of the appeal asserts the procedure for the
modification was not done correctly, not that the interpretation that led to the modification was
incorrect. City Attorney Daggett replied the appeal asserts that a change to the Land Use Code
was needed to allow this; it does not challenge the decision that was made with respect to the
standard for a modification.
Councilmember Ohlson asked the developer’s representatives about the building façades, colors,
and signage noting the photos shown during this meeting were not the same as those shown during
the Commission meeting, nor were they as described during the Commission meeting. Ms. White
replied the slides that were presented by the architect at the Planning and Zoning Commission
meeting were put into her presentation; however, the Power Point program cropped the images.
She stated she was not intentionally trying to leave out signage or colors and noted an updated
architectural drawing has not yet been prep ared and submitted to the City reflecting the changes
made per the Planning and Zoning Commission approval.
Mr. Michaelson stated the overwhelming large blue band has been reduced and modified to be a
different color and the original blue color will only be behind the signage. He stated new drawings
have been submitted to the City. Ms. White noted those drawings were not submitted because
they would be considered new evidence as they were not part of the Planning and Zoning
Commission meeting.
Councilmember Gutowsky stated this project appears to be out of scale with other parts of the
neighborhood and is too close to the frontage with respect to other buildings. She commented the
South College Corridor Plan provides guidance that states uses that detract from the overall vitality
of the corridor, including storage uses, should be located away from the South College frontage.
She also mentioned a comment made by one of the Commission members that they did not want
to set a precedent for future projects to disregard the intent of the South College Corridor Plan.
She acknowledged the Plan guidance is not codified nor legally binding; however, the Plan
includes aspirational and visionary goals to guide mindful development. She stated disregarding
the Plan is a violation of what was perceived to be the best way to develop the land and the proposal
is a distraction from the overall vitality of the corridor.
Councilmember Pignataro stated she empathizes with the neighborhood; however, she noted an
appeal is about procedure and not about the decision that has already been made by the Planning
and Zoning Commission.
Councilmember Ohlson mentioned the buildings to the north of this project having been built prior
to the TOD overlay zone being formed. He agreed with Councilmember Gutowsky regarding
Plans and suggested it is a dereliction of duty to not codify portions of those types of plans. He
stated Council can conclude the use on the location is not appropriate due to failure of the
Commission to properly interpret and apply Section 3.10.2(A) regarding the prohibition of
enclosed mini-storage uses on the ground level. He stated he is not upset with the applicants;
however, he is disappointed in the staff decisions related to tree removal among other things and
is disappointed in the Planning and Zoning Commission and staff for the decisions made related
to scale and mass, though that is not part of this decision. He stated he believes a full and fair
hearing was conducted; however, he would vote to support the appeal.
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Councilmember Peel expressed empathy for the neighborhood; however, the questions before
Council related to whether the Commission failed to conduct a fair hearing, failed to properly
interpret and apply the South College Corridor Plan, or failed to properly interpret and apply
relevant Land Use Code provisions. She stated she believes the Commission conducted a fair
hearing and did not fail to properly interpret and apply the Corridor Plan and applicable Land Use
Code provisions.
Councilmember Canonico agreed with Councilmembers Pignataro and Peel stating that while she
sympathizes with the neighbors, she does not believe grounds for appeal exist.
Mayor Arndt stated she would not support the appeal based on the narrow interpretation of the
three grounds for appeal. She commented on the possible need for more consistent plans and
policies. She stated she is unwilling to overturn the decision of the Planning and Zoning
Commission.
Councilmember Pignataro noted the last Council appropriated a large sum of money to update the
Land Use Code and asked if part of that study is to align it with plans such as the South College
Corridor Plan and asked if there is a plan to revise the South College Corridor Plan in the future.
Sizemore replied the kind of work mentioned by Councilmember Pignataro is very much in
alignment with the scope of the Land Use Code work. He noted phase one of the Land Use Code
update, for which funds were appropriated, is focused primarily on residential districts and
achieving alignment with the new Housing Strategic Plan. He stated staff intends to seek an
appropriation for the second phase of implementing the Land Use Code audit which would involve
commercial districts.
Councilmember Pignataro made a motion, seconded by Councilmember Peel, that Council deny
the allegation that the Planning and Zoning Commission failed to conduct a fair hearing being that
it does not have merit because amending the Corridor Plan or any other policy plan is not an
established Planning and Zoning rule of procedure. Yeas: Canonico, Arndt, Pignataro, Peel,
Gutowsky and Ohlson. Nays: none.
Councilmember Pignataro made a motion, seconded by Councilmember Peel, to uphold the
Planning and Zoning Commission decision because it properly interpreted and applied the South
College Corridor Plan Policy LU 1.4 and Land Use Code § 3.10.2(A) because an appeal is limited
to an assertion of a failure to interpret and apply relevant provisions of the Code and Charter, and
the Corridor Plan is neither part of the Code nor Charter, and it is within the power of the Planning
and Zoning Commision to grant a modification to Land Use Code § 3.10.2(A). She further moved
that, except as so stated, based on the evidence in the record and presented at this hearing, any
remaining issues raised in the appeal are hereby found to be without merit and are denied.
RESULT: MOTION TO UPHOLD ADOPTED [4 TO 2]
MOVER: Julie Pignataro, District 2
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Arndt, Canonico, Peel
NAYS: Ohlson, Gutowsky
ABSENT: Gorgol
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
1.1
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June 1, 2021
City of Fort Collins Page 480
12. First Reading of Ordinance No. 073, 2021, Making Supplemental Appropriations of American
Rescue Plan (ARP) Act and Coronavirus Response and Relief Supplemental Appropriations
Act (CRRSAA) Funding. (Adopted)
The purpose of this item is to appropriate grant revenue allocated to Transfort by the Federal Transit
Agency (FTA). Transfort was awarded $1,509,248 and will net the amount of $1,284,514 in Section
5307 and 5310 CRRSAA Funding. Additionally, Transfort was awarded $8,964,773 and will net the
amount of $7,626,773 in ARP Section 5307 and 5310 Funding through FTA appo rtionments to
urbanized areas. Both CRRSAA and ARP funding is provided at a 100-percent federal share, with no
local match required, and is available to support capital, operating, and other expenses to prepare for
and respond to COVID-19. Transfort plans to use these funds to pay for what has been previously
allocated from the General Fund for operating assistance, preventative maintenance, capital projects,
contracted service costs, and enhancing mobility for seniors and those with disabilities.
(Secretary’s Note: This item was considered out of the typical agenda order just following Public
Comment Follow-up.)
Kurt Kastein questioned how the appropriations were related to preparation for and response to
the COVID-19 pandemic. He requested the City be specific and responsible in spending the
COVID funds.
Councilmember Ohlson stated he too had questions on this item and stated a $10 million item
should never be on the Consent Agenda. He also questioned which items were related to COVID
and which were not and asked why there was no input provided by the Transportation Board.
Drew Brooks, Transfort and Parking Services Executive Director, stated the two sources of funds
are specifically designated through the Federal Transit Administration for transit-specific
coronavirus relief. He stated these dollars will be distributed to Fort Collins which will then
distribute to other entities within the Transportation Management Area. He noted the specific
projects on which the dollars will be spent have yet to be determined.
City Attorney Daggett noted Council may need to suspend the rules to continue the discussion of
this item as citizen-pulled items are typically heard at the end of the agenda. Mayor Arndt and
other members agreed to suspend the rules to continue discussion of the item.
Councilmember Ohlson stated he would like Second Reading to reflect additional details and
clarification. City Manager Atteberry replied staff will make those changes. Brooks noted staff
could also go before the Transportation Board regarding this issue.
Mr. Kastein reiterated that just because funds can be used for a certain purpose does not mean they
should be and he requested clarification regarding how the funds will be spent in direct response
to preparation for or response to the pandemic.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 073, 2021, on First Reading.
1.1
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June 1, 2021
City of Fort Collins Page 481
RESULT: ORDINANCE NO. 073, 2021 ADOPTED [5 TO 1]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
ABSENT: Gorgol
• 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.)
B. Motion to designate Mayor Jeni Arndt as the voting delegate for the City at the Colorado Municipal
League Annual Business Meeting:
Councilmember Pignataro made a motion, seconded by Councilmember Gutowsky, to designate
Mayor Jeni Arndt as the voting delegate for the City at the Colorado Municipal League 2021
Annual Business Meeting.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Gorgol
• ADJOURNMENT
The meeting adjourned at 10:11 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.1
Packet Pg. 26 Attachment: June 1, 2021 (10433 : Minutes - 6/1)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Blaine Dunn, Accounting Director
SeonAh Kendall, Recovery Manager/Sr. Economic Health Manager
Travis Storin, Chief Finance Officer
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion of the City's
American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response to and Recovery From the
COVID-19 Pandemic.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates $4,217,846 (equivalent
to fifteen percent) of the funds the City will receive from the American Rescue Plan Act’s Coronavirus State
and Local Fiscal Recovery Fund (“ARPA”). The appropriated amount w ill be used to address immediate and
short-term needs in response to the COVID-19 public health emergency and its negative impact to our
community’s health, social well-being and economy.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 079, 2021 (PDF)
2
Packet Pg. 27
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Blaine Dunn, Accounting Director
SeonAh Kendall, Recovery Manager/Sr. Economic Health Manager
Travis Storin, Chief Finance Officer
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion of the City's
American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response to and Recovery From the
COVID-19 Pandemic.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $4,217,846 (equivalent to fifteen percent) of the funds the City will
receive from the American Rescue Plan Act’s Coronavirus State and Local Fiscal Recovery Fund (“ARPA”). The
appropriated amount will be used to address immediate and short-term needs in response to the COVID-19
public health emergency and its negative impact to our community’s health, social wellbeing and economy.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act of 2021 to support the
U.S. recovery from the economic and health effects of the COVID-19 pandemic. ARPA builds upon many of the
measures in the CARES Act of March 2020 and the Consolidated Appropriations Act, 2021.
On May 10, 2021, the U.S. Department of the Treasury (“Treasury”) announced the launch of the Coronavirus
State and Local Fiscal Recovery Fund (“ARPA”), established by the American Rescue Plan Act of 2021, to
provide emergency funding for state, local, territorial, and Tribal governments. On May 17, 2021, Treasury issued
an interim final rule (“Rule”) establishing a framework for determining the types of programs and services that
are eligible for funding under ARPA along with examples of uses that local governments may consider. It should
be noted that Treasury is seeking public comment on all aspects of the Rule until July 16, 2021. Staff will monitor
for any changes to the Rule as well as any additional regulations or official guidance.
ARPA funds provide more flexibility to meet local needs than the CARES Act Coronavirus Relief Fund (“CVRF”)
money the City received in 2020. The Rule’s allowable use of ARPA funds include (Attachment 1):
Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses,
behavioral healthcare, and certain public health and safety staff;
Address negative economic impacts caused by the public health emergency, including economic
harms to workers, households, small businesses, impacted industries, and the public sector;
ATTACHMENT 1 2.1
Packet Pg. 28 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10424 : SR 079 American Rescue Plan)
Agenda Item 4
Item # 4 Page 2
Replace lost public sector revenue, using this funding to provide government services to the extent of the
reduction in revenue experienced due to the pandemic;
Provide premium pay for essential workers, by offering additional support to those who have borne and
will bear the greatest health risks because of their service in critical infrastructure sectors; and
Invest in water, sewer, and broadband infrastructure, by making necessary investments to improve
access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand
access to broadband internet.
The City will receive an allocation of ARPA funds totaling $28,118,971. The City received fifty percent of that
allocation ($14,059,486) on May 19, 2021. Staff anticipates the remaining fifty percent will be received in May
2022.
On May 25, 2021 at a Council work session, staff discussed with Council the timeline of the City’s recovery plan
and ARPA. At the work session, staff recommended that fifteen percent of the total allocated amount of ARPA
funds be made available to meet current and short-term needs arising from the pandemic impacts.
Councilmembers expressed a willingness to move forward with the recommended 15/85 allocation of ARPA to
address current needs while staff continues developing the recovery plan. Adoption of the ordinance will
appropriate the fifteen percent of the total ARPA allocation.
City staff has identified some current needs for use of the 15% allocation to include, but not be limited to,
workforce development business support for disadvantaged businesses, business navigation programs,
supportive assistance to those experiencing homelessness, utility, mortgage, and rental assistance for those
that do not meet the income qualification requirement for assistance from Neighbor to Neighbor. The pandemic’s
impacts have been uneven and uncertain, so the ability to be nimble with the use of the 15% allocation as short-
term funds is key. City staff have also identified other needs for the use of the 85% allocation as long-term
recovery ARPA funds, including but not limited to, water/sewer infrastructure improvements in low-income areas,
affordable housing and childcare, mental health assistance, connectivity (such as sidewalks) in low-income
areas and other financial support and expenditures for continued response and recovery from COVID. Council
will be able to direct these long-term funds through the Fort Collins Recovery Plan that staff is developing.
Consistent with the Council discussion at the May 25th work session, staff will strive to avoid utilizing ARPA
funding for budget shortfalls from the 2020 budget cuts and use of reserves. There are several "watch list" Funds
for which revenue is particularly strained, including Recreation, Parking, and Self-insurance. It is possible that
the 2022 City Manager's Recommended Budget will propose utilizing ARPA funding to address budget shortfalls
on a targeted basis, but this will be clearly identified for Council’s consideration.
Process for Social and Economic Recovery Grants
As subrecipients of the City, eligible organizations and entities will need to apply to the City for awards and meet
the same eligibility and intent requirements of ARPA and applicable federal regulations and guidance. Staff is
currently awaiting Treasury guidance on requirements for procurement and subrecipient awards. Staff is also
currently developing Frequently Asked Questions (FAQs) (Attachment 2) and grant criteria for public release.
A Recovery Core Team has been created that will prioritize and provide direction and oversight of the awards
and report to Council on grantees and awards.
Rental and Utility Assistance
As requested by Mayor Pro Tem Gorgol at the May 25th work session, information is provided here regarding
other entities’ programs to address housing and utility assistance.
Larimer County was awarded an estimated $10,000,000 from the federal Consolidated Appropriations Act (2021)
passed on December 2020, which the County intends to use for its Emergency Rental and Utility Assistance
Program (“ERAP”). The ERAP is being administered by Neighbor to Neighbor and is currently supporting those
households at or below 80% of the area median income. An overview of the ERAP is included with this AIS
2.1
Packet Pg. 29 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10424 : SR 079 American Rescue Plan)
Agenda Item 4
Item # 4 Page 3
(Attachment 4). Assistance for homeowners and higher income renters is temporarily paused. In addition, the
State of Colorado is due to receive an estimated $175,000,000 from the Treasury to support the Homeowner
Assistance Fund and an estimated $385,000,000 to support the Emergency Rental Assistance Program. The
State is awaiting guidance on the distribution of those funds.
Additionally, the City will be receiving approximately $2,600,000 in ARPA funds allocated through the federal
HOME Investment Partnerships Program to address some long-term tenant-based rent assistance, development
of affordable housing, and other supportive services to serve populations that have greatest risk of housing
instability. Staff is awaiting additional guidance specific to the ARPA HOME funds.
CITY FINANCIAL IMPACTS
Staff will continue to evaluate Treasury guidance as it evolves to determine the best use of the funds. The City
will seek to use the funds appropriated here for immediate needs as described above, including for the
reimbursement of expenses the City has not yet incurred. Staff plans to use these funds to address immediate
and short-term needs in response to the COVID-19 public health emergency.
Once the City has finalized a recovery plan, staff will bring an additional appropriation forward for Council’s
consideration for the remainder of the ARPA allocation.
Of the $28,118,971 in ARPA funds the City has been allocated, the City is appropriating $4,217,846, or fifteen
percent, to the General Fund for immediate and short-term needs to address the COVID-19 pandemic impacts.
ATTACHMENTS
1. FACT SHEET: The Coronavirus State and Local Recovery Fund (PDF)
2. Frequently Asked Questions: Coronavirus State and Local Fiscal Recovery Fund (PDF)
3. Financial Assistance Agreement (PDF)
4. Larimer County Emergency Rent Assistance Program Overview (PDF)
5. Work Session Summary - City Recovery Plan (PDF)
2.1
Packet Pg. 30 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10424 : SR 079 American Rescue Plan)
-1-
ORDINANCE NO. 079, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY’S
AMERICAN RESCUE PLAN ACT FUNDING FOR LOCAL FISCAL RECOVERY
RELATED TO RESPONSE TO AND RECOVERY FROM THE COVID-19 PANDEMIC
WHEREAS, in response to the public health emergency resulting from the spread of the
Novel Coronavirus 2019 (“COVID-19”), the City Manager proclaimed a local emergency on
March 13, 2020, and City Council extended such proclamation with its adoption of Resolution
2020-030; and
WHEREAS, on March 11, 2020, President Joseph R. Biden signed the American Rescue
Plan Act into law (“ARPA”), which established the Coronavirus Local Fiscal Recovery Fund
intended to provide support to local governments in responding to the impact of COVID-19 on
their communities, residents, and businesses; and
WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how
ARPA funds may be used, which includes: supporting public health expenditures; addressing
negative economic impacts; replacing lost public sector revenue; providing premium pay for
essential workers; and investing in water, sewer and broadband infrastructure; and
WHEREAS, the City will be allocated a total amount of $28,118,971, of which the City
has received fifty percent or $14,059,485.50, with the remaining fifty percent anticipated to be
available in May 2022; and
WHEREAS, City staff presented background information about the proposed use of these
funds to City Council at a work session on May 25, 2021, including the appropriation of
$4,217,846, which is fifteen percent of the total amount allocated to the City, to address current
needs of the community consistent with the requirements of ARPA and applicable federal
regulations and to support public health expenditures; address negative economic impacts; replace
lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer
and broadband infrastructure; and
WHEREAS, City staff has identified some current needs consistent with U.S. Treasury
guidance to include financial support and expenditures for workforce development; business
support for disadvantaged businesses; business navigation programs; supportive assistance to
those experiencing homelessness; utility, mortgage and rental assistance to those who do not meet
the income qualification requirements for assistance from Neighbor to Neighbor or other available
programs, and response and recovery expenses of the City and others in the Fort Collins
community; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of responding to the immediate and short-term
community health, social wellbeing, and economic needs arising from the negative impacts of the
COVID-19 public health emergency; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon
2.2
Packet Pg. 31 Attachment: Ordinance No. 079, 2021 (10424 : SR 079 American Rescue Plan)
-2-
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 and all other funds to be received during the fiscal year;
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 and all other funds 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:
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 grant revenue in the
General Fund the sum of FOUR MILLION TWO HUNDRED SEVENTEEN THOUSAND
EIGHT HUNDRED FORTY-SIX DOLLARS ($4,217,846) for expenditure from the General
Fund for supporting public health expenditures, addressing negative economic impacts, replace
lost public sector revenue, provide premium pay for essential workers and invest in water, sewer
and broadband infrastructure related to response to and recovery from the COVID-19 pandemic,
as described in this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.2
Packet Pg. 32 Attachment: Ordinance No. 079, 2021 (10424 : SR 079 American Rescue Plan)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Perrie McMillen, Mediation/Restorative Justice Supervisor
Adam Stephens, Legal
SUBJECT
Second Reading of Ordinance No. 080, 2021, Making Supplemental Appropriations for the Rest orative Justice
Services Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates grant revenue to fund
Restorative Justice Services within Community Development and Neighborhood Services. The City has
received a grant in the amount of $67,612 from the Colorado Division of Criminal Justice Juvenile Division fund
for the continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, the Restorative Justice Conferencing Program (RJCP), and Reflect Program for all other
offenses. No match is required. The grant period is July 1, 2021, to June 30, 2022.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 080, 2021 (PDF)
3
Packet Pg. 33
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Perrie McMillen, Mediation/Restorative Justice Supervisor
Adam Stephens, Legal
SUBJECT
First Reading of Ordinance No. 080, 2021, Making Supplemental Appropriations for the Restorative Justice
Services Program.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community
Development and Neighborhood Services. The City has received a grant in the amount of $67,612 from the
Colorado Division of Criminal Justice Juvenile Division fund for the continued operation of Restorative Justice
Services, which includes the RESTORE program for shoplifting offenses, the Restorative Justice Conferencing
Program (RJCP), and Reflect Program for all other offenses. No match is required. The grant period is July 1,
2021, to June 30, 2022.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Restorative Justice Services and its three programs (RESTORE for shoplifting offenses, Restorative Justice
Conferencing Program (RJCP), and Reflect Program for all other offenses) has been partially grant funded since
its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice to
support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial
District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice
alternative to more than 3,200 young people who committed chargeable offenses in our community.
Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting
with the offender, the victim/victim representative, and members of the community to determine the harm done
by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal
Justice Officials are optimistic repeat offenses by these youth will be reduced, and the needs and concerns of
the victims and affected community will be addressed.
The programs help young people understand how family, friends, victims, and community are harmed by their
actions and hold them accountable for the harm they caused. The intention is that these young people will make
better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and
keeping young people out of the justice system, both contribute positively to a safer and healthier community.
Addressing the needs and concerns of crime victims and community members also has a positive effect on the
overall health and safety of the community. As part of the programs, youth and families are referred to
appropriate community resources based on needs identified during program participation.
Without grant funding and the support of the City, Restorative Justice Services would not be a service available
to young people and their families, crime victims, the courts, law enforcement and our community.
ATTACHMENT 1 3.1
Packet Pg. 34 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10427 : SR 080 Restorative JUstice Grant)
Agenda Item 5
Item # 5 Page 2
CITY FINANCIAL IMPACTS
The grant funding for 2021-22 in the amount of $67,612 from Division of Criminal Justice, Juvenile Diversion
Grants, provides funding for personnel to support the continuation of Restorative Justice Services. Funds are
distributed to the City on a reimbursement basis, and no local match is required. If adopted, these funds will be
appropriated in the City’s General Fund.
3.1
Packet Pg. 35 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10427 : SR 080 Restorative JUstice Grant)
-1-
ORDINANCE NO. 080, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS
FOR THE RESTORATIVE JUSTICE SERVICES PROGRAM
WHEREAS, Restorative Justice Services (“RJS”) and its three programs, RESTORE for
shoplifting offenses, Restorative Justice Conferencing Program, and Reflect Program for all other
offenses, have been partially grant funded since RJS’s inception in 2000; and
WHEREAS, the City Council accepts grant funds from the Colorado Division of Criminal
Justice annually to support the continuation of RJS; and
WHEREAS, the grant funding for the 2021-2022 year is in the amount of $67,612; and
WHEREAS, this grant helps fund youth referred to the program from the 8th Judicial
District Attorney’s office, and
WHEREAS, without grant funding and the support of the City, RJS would not be available
to youth and their families, crime victims, the courts, law enforcement and our community; and
WHEREAS, since its inception, RJS has provided a restorative justice alternative to more
than 3,200 youth that have committed crimes in the City; and
WHEREAS, these programs hold young offenders accountable by helping them to
understand how family, friends, victims, and members of the community are harmed by their
actions; and
WHEREAS, no matching funds are required for this grant; and
WHEREAS, City staff recommends that the City Council authorize the City Manager or
their designee to accept the grant award and comply with the conditions of the post-award
agreement and any State requirements associated with the receipt of the grant; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of holding youth accountable and helping them to
make better future decisions, ultimately reducing recidivism, keeping youth out of the justice
system and continuing to build a safer and healthier community; 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 and all other funds to be received during the fiscal year;
and
3.2
Packet Pg. 36 Attachment: Ordinance No. 080, 2021 (10427 : SR 080 Restorative JUstice Grant)
-2-
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 and all other funds to be received in that fund during
any fiscal year.
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 authorizes the City Manager or their designee
to accept the grant award and comply with the conditions of the post-award agreement and any
State requirements associated with the receipt of the grant.
Section 3. That there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of SIXTY-SEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS
($67,612) for expenditure from the General Fund for the Restorative Justice Services program.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 37 Attachment: Ordinance No. 080, 2021 (10427 : SR 080 Restorative JUstice Grant)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kyle Stannert, Deputy City Manager
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 081, 2021, Amending Section 2-34 of the Code of the City of Fort Collins to
Designate the City’s Website as the Proper Place for Posting of City Council Meeting Notices and Agendas.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends City Code to designate the
proper place for the posting of all public notices and agenda materials related to Council meetings and
committees as the City’s website at fcgov.com.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 081, 2021 (PDF)
4
Packet Pg. 38
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 081, 2021, Amending Section 2-34 of the Code of the City of Fort Collins to
Designate the City’s Website as the Proper Place for Posting of City Council Meeting Notices and Agendas.
EXECUTIVE SUMMARY
The purpose of this item is to amend City Code to designate the proper place for the posting of all public notices
and agenda materials related to Council meetings and committees as the City’s website at fcgov.com.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Section 2-34 of the City Code currently provides for posting of notices of the agenda for regular Council meetings,
and notice and agendas for special meetings of the Council or meetings of Council committees, through physical
posting of a notice near the south entrance of City Hall at 300 LaPorte Avenue.
While no data has been collected, the posting of notices at City Hall does not appear to provide an accessible
or commonly used means of notifying the public of meetings or agendas. With increased transparency and
access provided through posting of information on the City’s website, staff recommends that such agenda
information and meeting notices should be posted on the City’s website as the official place of posting, in place
of the physical posting of notices at City Hall.
This Ordinance amends Section 2-34 to provide that all meeting notices and agenda materials for Council
meetings be posted on the City’s website, and that such notices will be provided in a searchable format to the
extent feasible. In addition, the proposed amended Code language provides that the physical posting location
is the designated alternative place of posting in the event exigent circumstances preclude posting of information
on the City’s website (such as, for example, a power or website outage).
CITY FINANCIAL IMPACTS
This change is not expected to have other than de minimis financial impacts.
ATTACHMENT 1 4.1
Packet Pg. 39 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10428 : SR 081 Place of Posting)
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ORDINANCE NO. 081, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-34 OF THE CODE OF THE CITY OF FORT COLLINS
TO DESIGNATE THE CITY’S WEBSITE AS THE PROPER PLACE FOR
POSTING OF CITY COUNCIL MEETING NOTICES AND AGENDAS
WHEREAS, posting of notices of the agenda for regular City Council meetings, and notice
and agendas for special meetings of the Council or meetings of Council committees, has
traditionally been accomplished through physical posting of a notice near the south entrance of
City Hall at 300 LaPorte Avenue; and
WHEREAS, the place of such postings is designated in Section 2-34 of the Code of the
City of Fort Collins; and
WHEREAS, in light of the increased transparency and access provided through posting of
information on the City’s website, the Council has determined such agenda information and
meeting notices should be posted on the City’s website as the official place of posting, in place of
the physical posting of notices at City Hall; and
WHEREAS, accordingly, this Ordinance amends Section 2-34 to provide that such
postings shall be done on the City’s website.
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 Section 2-34 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-34. - Place of posting.
The public meetings page on the City’s website at http:/fcgov.com is designated as the proper
place for the posting of public notice of:
(1) Any agenda items for regular City Council meetings;
(2) Special meetings of the City Council and agenda information for such meetings
when available; and
(3) Meetings of City Council committees for which public notice is required to be
given pursuant to Subsection 2-32(c), and agenda information for such meetings when
available.
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To the extent feasible, such notices shall be searchable by type of meeting, date of meeting, time
of meeting, agenda contents. A copy of any such notice will also be available on request from
the City Clerk’s Office. In the event of exigent or emergency circumstances prevent the posting
of notices as provided above, the alternative place of posting shall be the vestibule at the south
entrance of City Hall West, 300 LaPorte Avenue.
Section 3. That the City Clerk shall provide notice of the website address for posting
of notices as set forth in this Ordinance to the Colorado Department of Public Affairs, pursuant to
Colorado Revised Statutes Section 24-6-402(2)(c)(III).
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Adam Stephens, Legal
SUBJECT
Second Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort Collins
Regarding Smoking Materials.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends Chapter 12 of the City
Code to reflect adopted State of Colorado House Bill (HB) actions which equate “vaping” with “smoking” and
change age restrictions on selling smokable products from 18 years old to 21. It would also add a local
definition of “smoking material” to clearly define what products cannot be sold to persons under 21 years of
age for purposes of smoking or vaping.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 082, 2021 (PDF)
5
Packet Pg. 42
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Adam Stephens, Legal
SUBJECT
First Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort Collins
Regarding Smoking Materials.
EXECUTIVE SUMMARY
The purpose of this item is to amend Chapter 12 of the City Code to reflect adopted State of Colorado House
Bill (HB) actions which equate “vaping” with “smoking” and change age restrictions on selling smokable products
from 18 years old to 21. It would also add a local definition of “smoking material” to clearly define what products
cannot be sold to persons under 21 years of age for purposes of smoking or vaping.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The State of Colorado amended the Clean Indoor Air Act in both 2019 and 2020. In 2019, HB-1076 made the
Act applicable to electronic smoking devices, more commonly referred to as “vaping,” and expanded the areas
where smoking could be prohibited. In 2020, HB-2001 prohibited the sale of tobacco, tobacco products or
nicotine products to all persons under twenty-one years of age. This state law changes also required specific
signage requirements, such as increased size and specific language, that are incorporated in this ordinance
amendment proposal.
This Ordinance intends to incorporate these statutory changes relative to smoking and vaping into City Code for
consistency in enforcement and public expectation. It also exercises home rule authority in a manner more
restrictive than the state’s minimum requirements particularly as these regulations pertain to the sale and delivery
of tobacco, hemp and vaping materials to underage persons less than twenty-one years of age by including the
addition of “and other smoking materials.”
Fort Collins Police Services has identified numerous commercial businesses that are marketing, packaging or
selling hemp and other plant-like material, alone or combined with unregulated chemical compounds such as
kratom and Delta-8 cannabinoids, for sale to persons less than twenty-one years of age for purposes of smoking
or vaping.
Codifying language addressing the sale of smoking materials to anyone under twenty-one will help proactively
protect minors and address the continually changing array of unregulated products sold for the intent of smoking.
Consistent with penalty provisions in current Code, the sale of smoking material to underage persons remains a
misdemeanor under City Code Section 1-15.
ATTACHMENT 1 5.1
Packet Pg. 43 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10429 : SR 082 Smoking Materials)
Agenda Item 7
Item # 7 Page 2
CITY FINANCIAL IMPACTS
These Code amendments are not anticipated to have a financial impact to the City. Enforcement of vaping as
a smoking activity in public space will be addressed by Code Enforcement in a consistent manner to current
efforts. The sale of smokable materials to minors enforcement will fall to Police Services.
PUBLIC OUTREACH
A Colorado Open Records request has been submitted to obtain contact information for those with local
convenience store businesses licenses. Once obtained, staff is planning written outreach efforts to notify
owner/operators of the prohibition on selling tobacco, nicotine, and any other smokable materials to anyone
under twenty-one years of age.
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ORDINANCE NO. 082, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING SMOKING MATERIALS
WHEREAS, Chapter 12, Article III of the City Code regulates smoking in public areas,
including on City property, in the Downtown Smoke-Free Zone, and places of employment; and
WHEREAS, Chapter 12, Article V of the City Code regulates the sale and use of tobacco
products by minors, currently defined as persons under eighteen years of age; and
WHEREAS, in 2019 the State of Colorado amended its Clean Indoor Air Act, C.R.S.
Sections 25-14-202, et seq. in House Bill 19-1076 to make the Act applicable to electronic smoking
devices, more commonly referred to as “vaping,” and to expand the area where smoking could be
prohibited; and
WHEREAS, in 2020 the State of Colorado amended its regulations prohibiting the sale of
tobacco, tobacco products or nicotine products to all persons under twenty-one years of age in
House Bill 20-1001 and codified in C.R.S. Section 25-14-301; and
WHEREAS, the City Council wishes to incorporate the state statutory changes relative to
smoking and vaping into the City Code for consistency in enforcement and public expectation and
will continue to regulate in these areas under its home rule authority in a manner more restrictive
than the state’s minimum requirements, particularly as these regulations pertain to the sale and
delivery of tobacco, vaping and other smoking materials to underage persons less than twenty-one
years of age; and
WHEREAS, Colorado law permits home rule municipalities to impose concurrent
regulations regarding smoking and sale of smoking materials that may be more, but not less,
restrictive than state statute depending on local circumstances; and
WHEREAS, the City staff has observed numerous commercial businesses that are
marketing, packaging or selling hemp and other plant-like material, alone or combined with
unregulated chemical compounds such as kratom and Delta-8 cannabinoids, for sale to underage
persons less than twenty-one years of age to be smoked; and
WHEREAS, the City Council wishes to prohibit the sale of plant products or materials, or
any liquid, vapor or aerosol, that is packaged, marketed, sold or intended for smoking or vaping to
persons under twenty-one years of age; and
WHEREAS, the City Council has determined that the proposed amendments are in the best
interests of the City and are necessary for the health, safety and welfare of the City’s citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-56. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Electronic smoking device or ESD shall mean any product that contains or delivers nicotine or any
other substance intended for human consumption and that can be used by a person to enable the
inhalation of vapor or aerosol from the product and is commonly described as vaping. This includes
any product whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen or under any other product name or descriptor. An ESD does not include a
humidifier or similar device that emits only water vapor, or an inhaler, nebulizer, or vaporizer that
is approved by the federal food and drug administration for the delivery of medication.
Employee shall mean any person who is employed by any employer in consideration for direct or
indirect monetary wages or profit, and any person who volunteers their services without wages or
other compensation.
. . .
Establishment shall mean the buildings or facilities in which a business, enterprise or undertaking,
whether or not for profit, is conducted. If a single business or undertaking is conducted in two (2)
or more adjacent buildings, those buildings together shall comprise the establishment for the
purpose of this Article.
. . .
Retail tobacco business shall mean an establishment utilized primarily for the retail sale of tobacco,
electronic smoking devices, and smoking products and accessories, for off-site use and
consumption, and in which the sale of other products and nonsales activities are merely incidental.
The term retail tobacco business shall not include any establishment that is in the business of
selling retail or medical marijuana. For an establishment to be considered a retail tobacco business
for purposes of this definition:
(1) The revenues of the business must be generated primarily from the on-site sale of
tobacco, electronic smoking devices, and smoking products and accessories. The sale of
incidental goods other than tobacco, electronic smoking devices, or smoking products and
accessories may generate limited revenues of no more than eight (8) percent of the total
on-site revenues of the retail tobacco business.
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. . .
Smoke or smoking shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, or pipe or any other lighted or heated tobacco, marijuana, hemp, cloves, smoking
material or other plant product packaged, marketed, sold or intended for inhalation, whether
natural or synthetic, in any manner or in any form. Smoke or smoking also includes the use of an
ESD and the act of vaping.
. . .
Smoking material shall mean any natural or synthetic plant-based matter, material or product, or
any liquid, vapor or aerosol, that is packaged, marketed, sold or intended for smoking or vaping.
Smoking material includes, but is not limited to:
(1) Tobacco, cloves, marijuana or hemp; or
(2) Liquids, vapors or aerosols intended to be consumed with an electronic smoking
device or by a device requiring the use of flame or heat; or
(3) Any product or material packaged, marketed, sold, or intended to smoke or vape
kratom, Delta-8 cannabinoids, or synthetic marijuana. There shall be a rebuttable
resumption that any such product or material packaged, marketed, intended or held out for
sale without any instruction as to how to be consumed is intended to be smoked.
. . .
Tobacco shall mean cigarettes, cigars, cheroots, stogies and periques; granulated, plug cut, crimp
cut, ready rubbed and other smoking tobacco; snuff and snuff flour, cavendish, plug and twist
tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and
seepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
suitable for both chewing or for smoking in a cigarette, pipe, electronic smoking device or
otherwise, or both for chewing and smoking.
Section 3. That Section 12-57 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-57. Findings; purposes.
(a) The City Council has found and determined as follows:
(1) It is in the best interest of the people who live, work and play in the City to protect
the public from involuntary exposure to emissions from secondhand smoke and electronic
smoking devices (ESD) in the Downtown Smoke-Free Zone, on City-owned property and
in most indoor areas open to the public, in public meetings, in food service establishments,
and in places of employment; and
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(2) Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke is a cause of disease, including lung
cancer, in non smokers. At special risk are children, elderly people, individuals with
cardiovascular disease and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
a. Secondhand smoke has been classified as a Class A carcinogen like asbestos
by the Environmental Protection Agency; and
b. Secondhand smoke contains almost five thousand (5,000) chemicals, sixty
(60) which are known toxins and carcinogens, including arsenic, formaldehyde,
hydrogen cyanide and radioactive elements; and
c. There is no safe level of exposure to secondhand smoke; and
d. Health hazards induced by breathing secondhand smoke include lung
cancer, heart disease, respiratory infection and decreased respiratory function,
including bronchoconstriction and bronchospasm; and
(3) ESD emissions consist of ultrafine particles that are significantly more highly
concentrated than particles within conventional tobacco smoke. There is conclusive
evidence that most ESDs contain and emit not only nicotine but also many other potentially
toxic substances and that ESDs increase airborne concentrations of particulate matter and
nicotine in indoor environments. In addition, studies show that people exposed to ESD
emissions absorb nicotine at levels comparable to the levels experienced by passive
smokers. Many of the elements identified in ESD emissions are known to cause respiratory
distress and disease, and ESD exposure damages lung tissues. For example, human lung
cells that are exposed to ESD aerosol and flavorings show increased oxidative stress and
inflammatory responses.
. . .
Section 4. That Section 12-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-62. Where smoking is not prohibited.
Notwithstanding any other provision of this Article to the contrary, retail tobacco businesses shall
be exempt from the smoking prohibition set forth in § 12-59 above, provided that the following
conditions shall apply:
. . .
(4) Persons under twenty-one (21) years of age shall not be permitted on the premises
of the business, and proof of age shall be required for all persons entering the business. The
retail tobacco business shall be responsible for providing adequate staffing and training to
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ensure an effective system for preventing persons under twenty-one (21) years of age from
entering the business.
(5) In addition to other signs required to be posted pursuant to this Article, any retail
tobacco business shall post and maintain a sign at all public entrances thereto, in a
conspicuous position clearly visible upon entry, stating the phrase "Persons under the age
of 21 not permitted". In addition, the sign, or another similarly posted sign, shall state the
phrase "Surgeon General's Warning: Smoking Can Cause Lung Cancer, Heart Disease,
Emphysema, and May Complicate Pregnancy". Any sign required hereunder shall meet the
size and location requirements of Subsection 12-63(b).
Section 5. That Section 12-63(a)(3) and (b) of the Code of the City of Fort Collins are
hereby amended to read as follows:
Sec. 12-63. Posting of signs.
(a) The owner, operator, manager and other persons in control of an establishment shall be
responsible for posting and maintaining the following signs in said establishment, as applicable:
. . .
(3) In an establishment in which smoking is allowed pursuant to this Article, a sign
using the words " Smoking Permitted " and/or the international smoking symbol shall be
posted conspicuously at all public entrances and in a position clearly visible upon entry
into the establishment stating either:
a. “Smoking Permitted. Persons under twenty-one years of age may not
enter.”; or
b. In the case of a retail tobacco business that desires to allow the use of ESDs
but not other forms of smoking on the premises, “Vaping Permitted. Persons under
twenty-one years of age may not enter.”
(b) All signs referred to in this Section shall be a minimum size of twenty-four (24) square
inches and shall be placed at a height of between four (4) and six (6) feet above the floor.
. . .
Section 6. That Section 12-64 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-64. - Enforcement.
(a) Enforcement of this Article shall be implemented by the City Manager or their designee.
. . .
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(c) Any citizen may register a complaint of alleged violation of this Article by filing a sworn
complaint with the City Manager or their designee.
. . .
(e) The City Manager may make such rules and regulations as they deem necessary and
beneficial for the interpretation and enforcement of the terms of this Article. Any such rules and
regulations shall become effective upon the filing of the same with the office of the City Clerk and
the publication in a newspaper of general circulation published in the City of a notice stating the
general subject matter and the availability of the same in the office of the City Clerk.
Section 7. That Chapter 12, Article V of the Code of the City of Fort Collins is hereby
amended to read as follows:
ARTICLE V.
SALE AND USE OF TOBACCO, TOBACCO PRODUCTS
AND ELECTRONIC SMOKING DEVICES
Sec. 12-96. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
Electronic smoking device or ESD shall mean any product that contains or delivers nicotine or any
other substance intended for human consumption and that can be used by a person to enable the
inhalation of vapor or aerosol from the product and is commonly described as vaping. This includes
any product whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen or under any other product name or descriptor. An ESD does not include a
humidifier or similar device that emits only water vapor, or an inhaler, nebulizer, or vaporizer that
is approved by the federal food and drug administration for the delivery of medication.
. . .
Retail tobacco business shall mean an establishment utilized primarily for the retail sale of tobacco,
tobacco products, electronic smoking devices, and smoking products and accessories, for off-site
use and consumption, and in which the sale of other products and nonsales activities are merely
incidental. The term retail tobacco business shall not include any establishment that is in the
business of selling retail or medical marijuana. For an establishment to be considered a retail
tobacco business for purposes of this definition:
(1) The revenues of the business must be generated primarily from the on-site sale of
tobacco, electronic smoking devices, and smoking products and accessories. The sale of
incidental goods other than tobacco, electronic smoking devices, and smoking products
and accessories may generate limited revenues of no more than eight (8) percent of the
total on-site revenues of the retail tobacco business.
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(2) The business shall not operate under another license associated with sale or
consumption of liquor, food or marijuana.
(3) The business shall not exceed two thousand five hundred (2,500) square feet of
gross floor area in size, and no more than twenty (20) percent of the business may be
utilized as a seating area, lounge or other area intended to accommodate smoking for the
purpose of sampling tobacco, electronic smoking devices, and smoking products and
accessories that are offered for sale.
(4) An establishment in operation as of July 1, 2006, that as of that date was an
establishment utilized primarily for the retail sale or promotion of tobacco, electronic
smoking devices, and smoking products and accessories, and that met the requirements in
Paragraphs (1) and (2) above, shall be deemed to constitute a retail tobacco business for so
long as the establishment:
a. Continues to meet the requirements in Paragraphs (1) and (2) above; and
b. Does not expand the size of the area in which smoking is allowed from the
size of said area as it existed on July 1, 2006; and
c. At all times after December 31, 2006, operates in compliance with the
requirements of Paragraph 12-62(a)(2) of this Article.
Smoke or smoking shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, or pipe or any other lighted or heated tobacco, cloves, hemp, smoking material or other
plant product packaged, marketed, sold or intended for inhalation, whether natural or synthetic, in
any manner or in any form. Smoke or smoking also includes the use of an ESD and the act of
vaping.
Smoking material shall mean any natural or synthetic plant-based matter, material or product, or
any liquid, vapor or aerosol, that is packaged, marketed, sold or intended for smoking or vaping.
Smoking material includes, but is not limited to:
(1) Tobacco, cloves or hemp; or
(2) Liquids, vapors or aerosols intended to be consumed with an electronic smoking
device or by a device requiring the use of flame or heat; or
(3) Any product or material packaged, marketed, sold, or intended to smoke or vape
kratom, Delta-8 cannabinoids, or synthetic marijuana. There shall be a rebuttable
presumption that any such product or material packaged, marketed, intended or held out
for sale without any instruction as to how to be consumed is intended to be smoked.
Tobacco shall mean cigarettes, cigars, cheroots, stogies and periques; granulated, plug cut, crimp
cut, ready rubbed and other smoking tobacco; snuff and snuff flour, cavendish, plug and twist
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tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and
seepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
suitable for both chewing or for smoking in a cigarette, pipe, electronic smoking device or
otherwise, or both for chewing and smoking.
. . .
Underage person shall mean any natural person under twenty-one (21) years of age.
. . .
Sec. 12-97. Sale of tobacco, smoking material, tobacco products or electronic smoking
devices.
(a) No person shall sell, offer for sale, distribute, dispense or give away tobacco, smoking
material, tobacco products or electronic smoking devices in a public place by or from a vending
machine.
(b) No person shall permit a vending machine that dispenses tobacco, smoking material,
tobacco products or electronic smoking devices to be located, installed, kept or maintained in any
public place owned or leased by such person.
(c) Notwithstanding the provisions of Subsections (a) and (b) of this Section, tobacco, smoking
material, tobacco products or electronic smoking devices may be sold through a vending machine
located in a public place where access by underage persons is prohibited.
(d) No person shall furnish to an underage person, by gift, sale or any other means, any
tobacco, smoking material, tobacco products or electronic smoking devices. Before giving, selling,
distributing, dispensing, or offering to sell to an individual any cigarette, smoking material,
tobacco product, or nicotine product, a person shall request from the individual and examine a
government-issued photographic identification that establishes that the individual is twenty-one
(21) years of age or older. It shall be an affirmative defense to prosecution under this Subsection,
however, that the person furnishing the tobacco, smoking material, tobacco products or electronic
smoking devices to the underage person was presented with and reasonably relied upon a
document which identified the underage person receiving the product as being twenty-one (21)
years of age or older.
(e) Every person in charge or control of a retail business of any kind shall stock and display
all tobacco, smoking material, tobacco products or electronic smoking devices in such business in
a manner so as to make all such tobacco, smoking material, tobacco products or electronic smoking
devices reasonably inaccessible to customers, thereby requiring a direct, face-to-face exchange of
the tobacco, smoking material, tobacco products or electronic smoking devices from an employee
of the business to the customer. The provisions of this Subsection shall not apply to vending
machines and to self-service displays of tobacco, smoking material, tobacco products or electronic
smoking devices that are located in a public place where access by underage persons is prohibited.
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(f) Any person who sells or offers for sale at retail any tobacco, smoking material, tobacco
products or electronic smoking devices, including by means of a vending machine, shall display a
warning sign as specified in this Subsection. If the tobacco, smoking material, tobacco products or
electronic smoking devices are sold or offered for sale by use of a vending machine, said warning
sign shall be displayed visibly and prominently on the front of the vending machine at all times. If
the tobacco, smoking material, tobacco products or electronic smoking devices are sold or being
offered for sale in any other manner, said warning sign shall be displayed in the premises at all
times in a visible and prominent place within close proximity to the point of sale of the tobacco,
smoking material, tobacco product or electronic smoking device. Such warning sign, whether
displayed on a vending machine or otherwise, shall have a minimum height of five (5) inches and
a minimum width of seven (7) inches, and in large, bold type shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO PURCHASE,
POSSESS OR USE TOBACCO, SMOKING MATERIAL, TOBACCO PRODUCTS AND
ELECTRONIC SMOKING DEVICES AND, UPON CONVICTION, A FINE MAY BE
IMPOSED.
IT IS ILLEGAL FOR ANY PERSON TO SELL OR GIVE TOBACCO, SMOKING
MATERIAL, TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES TO A
PERSON UNDER 21 YEARS OF AGE AND, UPON CONVICTION, A FINE AND
IMPRISONMENT MAY BE IMPOSED.
Sec. 12-98. Underage persons prohibited from purchasing, possessing or using tobacco,
tobacco products or electronic smoking devices.
(a) No underage person shall purchase, possess, consume or use any tobacco, smoking
material, tobacco products or electronic smoking devices. For purposes of this Subsection, to
possess tobacco, smoking material, tobacco product or electronic smoking device shall mean that
the underage person has or holds any amount of tobacco, smoking material, tobacco product or
electronic smoking device anywhere on their person, or owns or has custody of tobacco, smoking
material, tobacco products or electronic smoking devices or has tobacco, smoking material, a
tobacco product or an electronic smoking device within their immediate presence and control. To
consume or use tobacco, smoking material, tobacco products or electronic smoking devices shall
mean, for purposes of this Subsection, to smoke, ingest, absorb, inhale, use or chew any tobacco,
smoking material, tobacco products or electronic smoking devices.
(b) No underage person shall obtain or attempt to obtain any tobacco, smoking material,
tobacco products or electronic smoking devices by misrepresentation of age or by any other
method.
(c) Any person who violates any part of this §12-98 is guilty of a petty offense punishable by
a fine in accordance with §1-15(h).
Sec. 12-99. Violations, penalties, presumptions and accountability.
5.2
Packet Pg. 53 Attachment: Ordinance No. 082, 2021 (10429 : SR 082 Smoking Materials)
-10-
(a) Each day that a person violates any section of this Article shall be considered as a separate
and distinct violation.
(b) Any person who violates any section of this Article shall, upon conviction, be subject to
the penalties in § 1-15 of this Code; provided, however, that a fine of at least one hundred dollars
($100.) shall be imposed for any violation of Subsection 12-97(d). In addition, the Chief Municipal
Judge may require any underage person convicted of a violation under § 12-98 to complete up to
twenty-four (24) hours of court-approved public service and at such cost to the underage person
as may be established by resolution of the City Council.
(c) Proof that a package or container has affixed to it a label which identifies the package or
container as containing tobacco, smoking material, tobacco products or electronic smoking devices
shall raise the evidentiary presumption and constitute prima facie evidence in any prosecution of
a violation under any section of this Article of the fact that the substance within such package or
container at the time of the violation was tobacco, smoking material, a tobacco product or
electronic smoking device. Such presumption, however, may be rebutted by the presentation at
trial of any probative and competent evidence that the substance within the package or container
was not tobacco, smoking material, a tobacco product or electronic smoking device.
(d) Proof that Subsection 12-97(d) has been violated three (3) times or more within a one-year
period by one (1) or more employees at a particular location of a retail business that sells or offers
for sale tobacco, smoking material, tobacco products or electronic smoking devices shall raise the
evidentiary presumption and constitute prima facie evidence in any prosecution of the owner or
manager of such business under Subsection 12-97(d), that such owner or manager, with intent to
promote or facilitate the violation, aided, abetted or advised the employee in planning or
committing the third and subsequent violations of Subsection 12-97(d) within such one-year period
or, in the case where the owner of the business is a corporation, that the conduct constituting the
third and subsequent violations was engaged in, authorized, solicited, requested, commanded or
knowingly tolerated by the corporate owner's board of directors or by a high managerial agent
acting within the scope of their employment on behalf of the corporate owner. For purposes of this
Section, high managerial agent shall mean an officer of the corporate owner or any other employee
of the corporate owner in a position of comparable authority with respect to the formulation of
corporate policy or the supervision in a managerial capacity of subordinate employees. These
presumptions shall not arise with respect to an owner who did not own or a manager who did not
manage such business for any period of time within the one-year period during which the three (3)
or more violations of Subsection 12-97(d) occurred. Further, these presumptions may be rebutted
at trial by the presentation of any probative and competent evidence.
5.2
Packet Pg. 54 Attachment: Ordinance No. 082, 2021 (10429 : SR 082 Smoking Materials)
-11-
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
5.2
Packet Pg. 55 Attachment: Ordinance No. 082, 2021 (10429 : SR 082 Smoking Materials)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Keith Hanson, Real Estate Manager
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater Easement on
Larimer County Landfill Property to Larimer County.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, conveys a wastewater easement to
Larimer County on the Larimer County Landfill property, which is co-owned by Larimer County (25%); the City
of Loveland (25%); and the City of Fort Collins (50%). The easement is necessary for the construction of the
future Larimer County Behavioral Health Facility on County -owned property directly to the south of the landfill.
Approval by all three municipalities is required for the conveyance of the easement, because all three have an
ownership interest in the property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 083, 2021 (PDF)
6
Packet Pg. 56
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Keith Hanson, Real Estate Manager
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater Easement on Larimer
County Landfill Property to Larimer County.
EXECUTIVE SUMMARY
The purpose of this item is to convey a wastewater easement to Larimer County on the Larimer County Landfill
property, which is co-owned by Larimer County (25%); the City of Loveland (25%); and the City of Fort Collins
(50%). The easement is necessary for the construction of the future Larimer County Behavioral Health Facility
on County-owned property directly to the south of the landfill. Approval by all three municipalities is required for
the conveyance of the easement, because all three have an ownership interest in the property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The proposed conveyance of the easement to Larimer County would allow the County to install wastewater
piping improvements to serve the future Behavioral Health Facility the County is constructing on County-owned
land at the northwest corner of Taft Hill Road and Trilby Road in unincorporated Larimer County.
Staff is recommending the easement be conveyed to the County at no cost. Although the easement area is
roughly one acre in total size, because it will be used for underground pipes and is adjacent to Taft Hill Road,
there is no adverse effect to the utility of the landfill property, and therefore the fair market value of the easement
is minimal. Underground easements that do not impact the utility of the property (i.e., do not run through the
middle of the property restricting what can be built) are generally valued at a small fraction of the overall value
per square foot of the property. Staff estimates the fair market value of the easement at approximately $9,000,
which would make the City’s 50% share $4,500. However, staff recommends no financial compensation be due
to the City because the conveyance of the easement serves a bona fide public purpose and meets all five criteria
as outlined in Section 23-114 of the City Code.
Section 23-114 requires that any conveyance of City real property interests be for an amount equal to or greater
than fair market value, except where Council determines that such conveyance serves a bona fide public purpose
consistent with specific criteria. The easement will be used for further construction of the new Behavioral Health
Facility, which will be a regional facility intended to make services more accessible and affordable to residents
within Larimer County, including residents in the City of Fort Collins. Additionally, this action supports Council’s
goal of collaborating with other agencies to address poverty issues and other identified high-priority human
service needs, and to make homelessness rare, short-lived and non-recurring. The financial support the City will
be providing by a below-market disposition of the easement will be leveraged with other funding provided by the
County for the construction of the new facility. There is no direct financial benefit to any private person or entity
ATTACHMENT 1 6.1
Packet Pg. 57 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10430 : SR 083 Landfill Easement)
Agenda Item 8
Item # 8 Page 2
by conveying the easement, and conveyance of the property for less than fair market value will not interfere with
current City projects, work programs, workload schedules or divert resources needed for primary City functions
and responsibilities.
CITY FINANCIAL IMPACTS
The only financial impact to the City would be the waiver of $4,500 in fair market value for the City’s partial
ownership of the property to be burdened by the easement for Larimer County. Larimer County is responsible
for all construction and maintenance costs associated with the wastewater improvements.
BOARD / COMMISSION RECOMMENDATION
Representatives from Larimer County and the City of Loveland have approved the easement as to form and will
be seeking approval of the easement from their Board of County Commissioners and City Manager, respectively.
Approval by all three municipalities is required for the conveyance and recording of the easement.
ATTACHMENTS
1. Location Map (PDF)
6.1
Packet Pg. 58 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10430 : SR 083 Landfill Easement)
-1-
ORDINANCE NO. 083, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A WASTEWATER EASEMENT ON LARIMER
COUNTY LANDFILL PROPERTY TO LARIMER COUNTY
WHEREAS, the City of Fort Collins (the “City”), the City of Loveland (“Loveland”) and
Larimer County (the “County”) jointly own the property located in Fort Colins known as the
Larimer County Landfill and managed by the County (the “Property”); and
WHEREAS, the City owns a 50% interest in the Property, Loveland owns a 25% interest,
and the County owns a 25% interest; and
WHEREAS, the County has requested an easement to install a new wastewater service line
to serve the future Larimer County Behavioral Health Facility (the “Facility”), a 58,000 square
foot mental health crisis center the County plans to construct on land it owns south of the Property
at the northwest corner of Taft Hill Road and Trilby Road in unincorporated Larimer County; and
WHEREAS, the proposed easement is 30 feet wide, approximately 1.022 acres in size and
runs in a north-south direction along the eastern edge of the Property, the location of the proposed
easement being described more particularly on Exhibit “A”, attached and incorporated herein by
this reference (the “Easement”); and
WHEREAS, the City, the County and Loveland are parties to an Intergovernmental
Agreement Related to Corrective Measures at the Landfill, dated December 29, 2020, which
established a framework for their mutual commitments and responsibilities related to remediation
of environmental contamination at and from the Landfill; and
WHEREAS, the parties have negotiated mutually agreeable terms in an Easement
agreement to address said environmental conditions, including that construction be conducted in
compliance with all federal, state and local environmental permitting requirements, and that the
County will be solely responsible for any increased costs of environmental remediation work
required by the IGA that result from the County’s construction, operation and existence of the
wastewater service line in the Easement; and
WHEREAS, the approximate fair market value of the Easement based on the City’s 50%
ownership interest in the Property is approximately $4,500; and
WHEREAS, City staff is recommending that the City not charge the County for the
Easement as the conveyance of the property interest serves a bona fide public purpose under
Section 23-114 of the City Code because:
• The use to which the Easement will be put promotes the health, safety and general welfare
and benefits a significant segment of the citizens of Fort Collins by assisting in the
construction of the Facility, which is intended to make mental health services more
accessible and affordable for residents within Larimer County, including residents within
the City;
6.2
Packet Pg. 59 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
-2-
• The Council supports the goal of collaborating within other agencies to address poverty
issues and other identified high-priority human service needs, including mental health care,
which may make homelessness rare, short-lived and non-recurring;
• The financial support provided by the City through the below-market disposition of the
Easement will be leveraged by Loveland also granting the easement for no charge and by
the County funding the construction of the Facility;
• The conveyance of the Easement will not result in any direct financial benefit to any private
person or entity; and
• Conveying the Easement for less than fair market value will not interfere with current City
projects or programs, hinder workload schedules or divert resources needed for primary
City functions or responsibilities; and
WHEREAS, although the County is a part owner of the Property, the City’s consent to the
Easement is necessary for installation of the proposed wastewater service line because the line is
not for the benefit of the Landfill but instead is an encumbrance on the City’ interest in the
Property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or other disposition 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 finds that the City’s conveyance of the
Easement to the County as provided herein serves a bona fid public purpose and is in the best
interests of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to the County on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in consultation
with the City Attorney, determines are necessary or appropriate to protect the interests of the City,
including but not limited to, any necessary changes to the legal description of the Easement, as
long as such changes do not materially increase the size or change the character of the interests to
be conveyed.
6.2
Packet Pg. 60 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
-3-
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
6.2
Packet Pg. 61 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
EXHIBIT A 6.2
Packet Pg. 62 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
EXHIBIT A 6.2
Packet Pg. 63 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
EXHIBIT A 6.2
Packet Pg. 64 Attachment: Ordinance No. 083, 2021 (10430 : SR 083 Landfill Easement)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Brad Buckman, Manager, Civil Engineering
Marc Virata, Civil Engineer
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 084, 2021, Amending Chapter 24 of the Code of the City of Fort Collins to
Adopt the Updated 2021 Larimer County Urban Area Street Standards by Reference.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 15, 2021, adopts an updated 2021 version of
the Larimer County Urban Area Street Standards (2021 LCUASS). These updates occur on a periodic basis.
LCUASS guides the design of both private developments and public engineering capital projects within the City
and in the growth management areas of the Cities of Fort Collins and Loveland. The LCUASS are also
referenced and used as part of other local jurisdictions road standards. LCUASS was originally adopted on
January 2, 2001, by Ordinance No. 186, 2000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
2. Ordinance No. 084, 2021 (PDF)
7
Packet Pg. 65
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
Brad Buckman, Manager, Civil Engineering
Marc Virata, Civil Engineer
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 084, 2021, Amending Chapter 24 of the Code of the City of Fort Collins to
Adopt the Updated 2021 Larimer County Urban Area Street Standards by Reference.
EXECUTIVE SUMMARY
The purpose of this item is to adopt an updated 2021 version of the Larimer County Urban Area Street Standards
(2021 LCUASS). These updates occur on a periodic basis. LCUASS guides the design of both private
developments and public engineering capital projects within the City and in the growth management areas of
the Cities of Fort Collins and Loveland. The LCUASS are also referenced and used as part of other local
jurisdictions road standards. LCUASS was originally adopted on January 2, 2001, by Ordinance No. 186, 2000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Background
LCUASS is a comprehensive, urban-level, set of engineering design and construction standards used within the
city limits and growth management areas of the Cities of Fort Collins and Loveland. The standards represent a
collaborative effort between Larimer County, Fort Collins, and Loveland and allow the application of a consistent
set of engineering design standards in the region. They are implemented through intergovernmental agreements
between the County and Fort Collins and Loveland.
LCUASS is intended to be a living document that requires periodic amendments and revisions to keep it current
with jurisdictional policy changes, latest technology, and industry standards. The 2021 LCUASS revisions
proposed for adoption pursuant to this Ordinance will replace the existing Standards in their entirety effective
August 1, 2021.
Revision Need and Process
It has been over 5 years since the last technical revisions to the Standards in 2016 and 14 years since the last
major revision in 2007 that also included policy revisions. With the changes in industry standards, design tools,
software, and jurisdictional policies since the last major update, the partnering jurisdictions collaborated for a
more comprehensive update to reflect these changes and to resolve additional housekeeping and clean up
items.
The current revision process began in 2019 and has included a representative from each jurisdiction who have
met in monthly coordination meetings to review in detail all 24 chapters and associated appendices. All three
entities have been gathering public input and have been working with their organizations and technical advisory
groups (subject matter experts) on the changes to ensure accuracy and general support.
ATTACHMENT 1 7.1
Packet Pg. 66 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10431 : SR 084 LCUASS)
Agenda Item 9
Item # 9 Page 2
Summary of Revisions
Most of the document applies consistently to all three entities. There are, however, some sections and
appendices that only apply to one or more of the entities due to differing policies, requirements, interests and/or
viewpoints.
A summary of the modifications is attached. (Attachment 1). The redlined versions of the changes to each
chapter, appendices, figures, and drawings can also be found on the LCUASS website at
http://www.larimer.org/lcuass-adoption and with the Fort Collins City Clerk’s office. The final versions (no
redlines) can be found at https://www.larimer.org/engineering/standards-and-guides/urban-area-street-
standards and at the City Clerk’s office.
BOARD / COMMISSION RECOMMENDATION
The proposed LCUASS revisions were and are scheduled to be presented to the following Boards and
Commissions as part of the formal approval process:
04/05/21 - City of Loveland Transportation Advisory Board
04/14/21 - Larimer County Planning Commission & Board of County Commissioners
04/21/21 - City of Fort Collins Transportation Board
04/26/21 - City of Loveland Planning Commission
04/26/21 - City of Fort Collins Bicycle Advisory Committee
04/28/21 - City of Loveland Construction Advisory Board
05/14/21 - City of Fort Collins Planning & Zoning Work Session
05/18/21 - City of Loveland City Council (Resolution)
05/19/21 - Larimer County Planning Commission
06/15/21 - City of Fort Collins City Council (Ordinance 1st Reading)
06/28/21 - Larimer County Board of County Commissioners
07/06/21 - City of Fort Collins City Council (Ordinance 2nd Reading)
The Transportation Board and Bicycle Advisory Committee and Planning & Zoning Commission have reviewed
the 2021 LCUASS, but provided no recommendations.
The effective date of the revisions is August 1, 2021, to allow time for completion of the scheduled hearings.
PUBLIC OUTREACH
Extensive efforts were made to provide key stakeholders and the public information on the proposed changes
to gather input and comments.
The public outreach effort on the proposed changes included:
Information on the proposed changes was kept up to date on the County Engineering website under the
LCUASS web page. The “Spot Lights” and “Hot Topics” Sections were used to highlight the effort.
There is a subscription to the LCUASS where interested parties can receive emails on any updates or notices
regarding the Standards. There are currently 174 registered users that include public and private planners
and engineers, consultants, developers, and contractors.
Regular notifications regarding the revisions were emailed to the registered users of the LCUASS with links
to the changes and requests for review and comments through email messages or by phone.
Information was sent out in the Development Center Newsletter.
Two Open Houses (In a virtual format due to COVID19 protocols) were conducted.
Social Media postings were provided.
ATTACHMENTS
1. Summary of Revisions (PDF)
7.1
Packet Pg. 67 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10431 : SR 084 LCUASS)
-1-
ORDINANCE NO. 084, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS TO
ADOPT THE UPDATED 2021 LARIMER COUNTY
URBAN AREA STREET STANDARDS BY REFERENCE
WHEREAS, the Larimer County Urban Area Street Standards (the “LCUASS”) is a
comprehensive, urban level, set of engineering design and construction standards resulting from a
cooperative effort of Fort Collins, Loveland, and Larimer County for development and
construction of streets and related improvements within Fort Collins city limits and the growth
management areas of the Cities of Fort Collins and Loveland; and
WHEREAS, on January 2, 2001, the City Council adopted Ordinance No. 186, 2000
initially adopting the LCUASS; and
WHEREAS, on January 5, 2016, the current version of the LCUASS was adopted by City
Council through Ordinance No. 166, 2016, with more limited updates on July 17, 2018 (Ordinance
No. 092, 2018) and September 4, 2018 (Ordinance No. 110, 2018); and
WHEREAS, the LCUASS and policy level amendments thereto applicable in both
jurisdictions were concurrently adopted by the City of Loveland and Larimer County; and
WHEREAS, City staff, in collaboration with staff from the City of Loveland and Larimer
County, has prepared proposed amendments to the LCUASS resulting in a new set of standards
dated August 1, 2021, on file with the City Clerk (the “2021 LCUASS”), which will replace the
previous versions of LCUASS in their entirety; and
WHEREAS, certain additional changes to City Code are required so that the 2021
LCUASS and City Code correspond; and
WHEREAS, final approval of the 2021 LCUASS requires formal adoption by the City of
Loveland and Larimer County in addition to the City; and
WHEREAS, pursuant to City Charter, Article II, Section 7, City Council may enact any
ordinance which adopts any code by reference in whole or in part provided that before adoption of
such ordinance the Council shall hold a public hearing thereon and notice of the hearing shall be
published twice in the newspaper of general circulation, published in the city, one (1) of such
publications to be at least eight (8) days preceding the hearing and the other at least fifteen ( 15)
days preceding the hearing; and
WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk
published in the Fort Collins Coloradoan such notice of hearing on June 20, 2021, and June 27,
2021, prior to the hearing held on the second reading of this Ordinance on July 6, 2021; and
7.2
Packet Pg. 68 Attachment: Ordinance No. 084, 2021 (10431 : SR 084 LCUASS)
-2-
WHEREAS, the attached Exhibit "A" is a copy of the text of the Notice of Public Hearing
that was so published and which the Council hereby finds meets the requirements of City Charter,
Article II, Section 7; and
WHEREAS, pursuant to City Code Section 1-14, at least one copy of the 2021 LCUASS
shall be kept on file in the office of the City Clerk available for public inspection, and one copy
shall be kept in the office of the chief enforcement officer thereof; and
WHEREAS, the Transportation Board and Bicycle Advisory Committee have both been
briefed and input was invited on the 2021 LCUASS at their meetings on April 21, 2001 and April
26, 2021, respectively, although no formal action was taken since updating the LCUASS does not
require a recommendation; and
WHEREAS, the Planning & Zoning Commission was briefed, and input was invited on
the 2021 LCUASS at its Work Session on May 14, 2021, although no formal action was taken
since updating the LCUASS does not require modification of the City’s Land Use Code (LUC);
and
WHEREAS, public outreach on the LCUASS modifications throughout the process,
included regularly updating information on a dedicated LCUASS website
(https://www.larimer.org/engineering/standards-and-guides/urban-area-street-standards), a
subscription update service via email to 174 registered users, two open houses (virtual format),
social media and newsletter outreach; and
WHERAS, the Council has determined that the 2021 LCUASS comport with the principles
and policies contained in City Plan, the Transportation Master Plan, and the Bicycle Master Plan
and are in the best interests of the City and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the 2021 LCUASS on file with the City Clerk is hereby approved and
adopted by reference, to be effective August 1, 2021.
Section 3. That all current and previous versions of the LCUASS, except for the 2021
LCUASS adopted herein by reference, are repealed in their entirety.
Section 4. That Chapter 24 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 24-4, to read as follows:
Sec. 24-4. Adoption of Standards.
7.2
Packet Pg. 69 Attachment: Ordinance No. 084, 2021 (10431 : SR 084 LCUASS)
-3-
(a) Pursuant to the power and authority conferred by C.R.S. Section 31-16-202 and
Article II, Section 7 of the Charter, there is hereby adopted by reference the 2021
Larimer County Urban Area Street Standards on file with the City Clerk as the
comprehensive, urban level, set of engineering design and construction standards
resulting from a cooperative effort of Fort Collins, Loveland, and Larimer County
for development and construction of streets and related improvements within the
Fort Collins’ city limits and growth management areas of the Cites of Fort Collins
and Loveland.
(b) One copy of the 2021 Larimer County Urban Area Street Standards (LCUASS)
shall be kept on file in the office of the City Clerk and available for public
inspection during regular business hours.
(c) LCUASS may be amended as set forth therein, with technical revisions or policy
revisions or both. Upon adoption of any revisions, the City Engineer shall provide
to the City Clerk documentation of such revisions specifying the date upon which
they become effective.
Section 5. That effective August 1, 2021, all references in the City Code and the Land
Use Code to the Larimer County Urban Area Street Standards or LCUASS shall be deemed to
refer to the 2021 LCUASS.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
7.2
Packet Pg. 70 Attachment: Ordinance No. 084, 2021 (10431 : SR 084 LCUASS)
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the City
of Fort Collins, Colorado, on the 6th day of July, A.D., 2021 at 6:00 p.m., or as soon thereafter as
the matter may come on for hearing, in the Council Chambers at the City Hall, 300 LaPorte
Avenue, Fort Collins, Colorado for the purpose of considering an ordinance adopting by reference
the 2021 Larimer County Urban Area Street Standards (LCUASS), prepared by City of Fort
Collins, City of Loveland, and Larimer County staff.
Not less than one (1) copy of said Manual has been, and now is on file in the Office of the
City Clerk of the City of Fort Collins and is available for public inspection.
The purpose of the 2021 Larimer County Urban Area Street Standards adopted by said
ordinance is to serve as the governing comprehensive, urban level, set of engineering design and
construction standards for development and construction of streets and related improvements
within Fort Collins’ city limits and the growth management areas of the Cities of Fort Collins and
Loveland.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs and activities and will make special communication arrangements for persons with
disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
This notice is given and published by order of the City of Fort Collins,
Colorado. Dated at Fort Collins, Colorado this 20th day of June, A.D. 2021.
Rita Knoll
Chief Deputy City Clerk
7.2
Packet Pg. 71 Attachment: Ordinance No. 084, 2021 (10431 : SR 084 LCUASS)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Chris Martinez, Financial & Policy Analyst
Amanda King, Communications/Public Involvement Director
Carson Hamlin, Cable Television Manager
Tyler Marr, Deputy Director, Information & Employee Services
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 085, 2021, Appropriating Prior Year Reserves from the Public, Educational,
and Governmental (PEG) Programming Fund in the General Fund for FC Public Media.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $66,844 in restricted Public, Educational, and Governmental (PEG)
reserves in the General Fund to Fort Collins Public Access Network (d/b/a FC Public Media) for eligible capital
expenditures for their operation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
FC Public Media is a non-profit organization contracted by the City to operate and manage public access TV
activities the City is obligated to provide to residents of Fort Collins in the current cable TV franchise with
Comcast.
The primary source of equipment and capital funding for the FC Public Media operation is with PEG (public,
educational and governmental) funds. This is a federally restricted fee paid by Comcast to the City that can
only be used by PEG channels on the Comcast system. In Fort Collins, this includes Colorado State University
(CSU), Poudre School District (PSD), Fort Collins TV (FCTV), and FC Public Media.
In the past, the City has managed FC Public Media’s annual PEG allocation via reimbursement of eligible
expenditures, purchasing capital expenditures on its behalf, or distributions upon request. The balance of any
year-end, unexpensed PEG funds are held in a restricted reserve balance for future FC Public Media uses and
requests.
With the new contract in place with FC Public Media, it will now receive its annual PEG funding in one annual
disbursement to use for equipment upgrades. This is the same methodology used to disburse PEG funds to
CSU and PSD. Per FC Public Media’s request, staff is requesting disbursement of the balance of FC Public
Media’s current PEG reserve of $66,844 to fund the replacement of video equipment used in its operation.
CITY FINANCIAL IMPACTS
This Ordinance increases 2021 appropriations for the PEG Programming Fund in the General Fund by
$66,844. Since PEG programming is a restricted fund and this dedicated reserve balance belongs to FC Public
Media, there is no negative impact to the City budget.
8
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ORDINANCE NO. 085, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FROM THE PUBLIC,
EDUCATIONAL AND GOVERNMENTAL (PEG) PROGRAMMING FUND IN THE
GENERAL FUND FOR FC PUBLIC MEDIA
WHEREAS, as a condition of its franchise agreement with the City, Comcast collects
from its cable television subscribers and pays to the City a fee of 75 cents per residential
subscriber per month to be used for the capital costs related to providing public, educational and
governmental (“PEG”) access cable channels; and
WHEREAS, the City contracts with Fort Collins Public Access Network (d/b/a FC Public
Media), a non-profit organization (“FCPM”), to operate and manage the public access television
services the City is obligated to provide to residents of Fort Collins under the Comcast franchise
agreement; and
WHEREAS, in the past, the City has managed FCPM’s PEG funds for it, but has now
agreed to provide PEG funds to FCPM in one annual disbursement to be used for equipment
upgrades; and
WHEREAS, there is currently $66,844 in FCPM’s PEG reserve fund, and this
appropriation would permit those funds to be disbursed to FCPM to replace video equipment
used in its operations; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing public access television for
the City’s residents; 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 and all other funds 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:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That there is hereby appropriated for expenditure from prior year reserves
from the Public, Educational and Governmental (PEG) Fund in the General Fund the total sum of
SIXTY-SIX THOUSAND EIGHT HUNDRED FORTY-FOUR DOLLARS ($66,844) for Fort
Collins Public Access Network, d/b/a FC Public Media, for eligible capital expenditures and
equipment.
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 74
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 086, 2021, Appropriating Unanticipated Revenue from Philanthropic Donations
Received by City Give to Support the Operations of The Gardens on Spring Creek.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $30,000 in philanthropic revenue received through
City Give for The Gardens on Spring Creek to support operations as designated by the donor, The Friends of
the Gardens on Spring Creek.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City values the generosity and passion of nonprofit partne rs such as The Friends of the Gardens on
Spring Creek that provide valuable assistance in public outreach, fundraising, and support for the City’s
mission. In recognition of its members’ commitment, the City commits to manage and properly expend
charitable funds raised by The Friends of the Gardens in the same manner as if the funds were raised by the
City itself.
For over 30 years, The Friends of the Gardens on Spring Creek has fostered community support for the
services and programs of The Gardens through stewardship, time, passion, fundraising, membership
programs, and advocacy. Its mission is to cultivate a world-class botanic garden through fundraising and
advocacy, and it has raised $30,000 in philanthropic support from community givers on behalf of The Gardens
on Spring Creek.
The City Manager recommends 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 the General Fund during this fiscal year. It is also recommended the transfer described and the
purpose for which the transferred funds are to be expended remains unchanged.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $30,000 of unanticipated philanthropic revenue in the General Fund, received
by City Give for The Gardens on Spring Creek, for the donor -designated purpose of supporting operations.
The funds have been received and accepted per City Give Administrative and Financial Policy.
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Agenda Item 9
Item # 9 Page 2
PUBLIC OUTREACH
The Friends of The Gardens (https://www.friendsgosc.org/) is an independent 501(c)3 organization with an
active membership of over 2,400 and is governed by a Board of seven passionate volunteers.
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ORDINANCE NO. 086, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE
FROM PHILANTHROPIC DONATIONS RECEIVED BY CITY GIVE TO
SUPPORT THE OPERATIONS OF THE GARDENS ON SPRING CREEK
WHEREAS, the City owns and operates The Gardens on Spring Creek (“Gardens”), a
community botanic garden with a mission to enrich the lives of people and foster environmental
stewardship through horticulture; and
WHEREAS, for over 30 years, a private non-profit organization now known as The
Friends of the Gardens on Spring Creek (“Friends”) has fostered community support for the
services and programs of the Gardens through stewardship, time, passion, fundraising,
membership programs, and advocacy; and
WHEREAS, Friends has raised $30,000 in philanthropic support from community donors
to support the Gardens’ programs and services; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting the operations of the
Gardens; 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 and all other funds to be received during the fiscal
year; 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 and all other funds 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:
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 the sum of THIRTY THOUSAND DOLLARS ($30,000) for
expenditure in the General Fund to support operations of the Gardens on Spring Creek.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 78
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Darin Atteberry, City Manager
Carrie M. Daggett, Legal
SUBJECT
First Reading of Ordinance No. 072, 2021, Amending Section 2-568 of the Code of the City of Fort Collins
Relating to Ethical Rules of Conduct for Quasi-Judicial Commission Members.
EXECUTIVE SUMMARY
The purpose of this item is to amend the Ethical Rules of Conduct in Chapter 2 of the City Code to provide
clear guidance and direction to Type 2 Advisory Board and Quas i-Judicial Commission members with respect
to activities that call for their recusal from matters coming before them in their decision-making capacity.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Type 2 Advisory Boards and Commissions make decisions that are quasi -judicial in nature, requiring
adherence to certain legal standards to ensure such decisions are fair and provide due process to third party
applicants and parties-in-interest. City Code Section 2-568 sets ethical rules of conduct for City officers and
employees, including members of appointive boards of the City. The purpose of this Ordinance is to clarify
that a member of a Type 2 Advisory Board or a Quasi-Judicial Commission who has participated or intends to
participate as a member of the public, or on behalf of another person or entity, to provide input or public
comment as part of a City process about a particular proposal or project for which a City review, permit or
approval is required (such as, for example, speaking at a neighborhood meeting for a development project or
appearing at an administrative hearing for a project), may not participate in that process in their role as a board
or commission member.
Clarifying edits are also suggested in Subsection (c)(3)d of this Section, related to the effect on a Commission
member’s business affiliates after that member has declared a conflict and recused themselves.
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ORDINANCE NO. 072, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-568 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO ETHICAL RULES OF
CONDUCT FOR QUASI-JUDICIAL COMMISSION MEMBERS
WHEREAS, the City has 25 boards and commissions, created by the City Council by
ordinance, that perform a wide range of functions from advising City staff and the City Council
to making quasi-judicial decisions on a variety of topics; and
WHEREAS, the City Council recently adopted Ordinance No. 049, 2021, repealing and
reenacting Chapter 2, Article III of the City Code relating to City boards and commissions; and
WHEREAS, the structure, functions, and requirements for boards and commissions are
described in Article III of Chapter 2 of the City Code; and
WHEREAS, among the changes enacted in Ordinance No. 049, 2021, were the
reorganizing of the boards and commissions into three categories based on their functions,
including Type 1 Advisory Boards, Type 2 Advisory Boards and Quasi-Judicial Commissions;
and
WHEREAS, Quasi-Judicial Commissions make decisions on behalf of the City, and as a
result, members of these Commissions have a particular obligation to remain unbiased and
impartial and avoid conflicts of interest in the performance of their duties; and
WHEREAS, participation by a Commission member in discussion at public outreach
meetings, neighborhood meetings and other public events and forums about a particular
application, project or decision to come before that Commission generally raises a question and
concern about prejudice, bias and improper influence in connection with those matters; and
WHEREAS, Section 2-568 in Article VII of Chapter 2 of the City Code provides Ethical
Rules of Conduct that apply to City officers and employees, including provisions addressing
conflicts of interest and other rules of conduct; and
WHEREAS, the City Council finds that the proposed changes to Section 2-568 as set
forth herein will provide clear guidance and direction to Commission members with respect to
activities that call for their recusal from matters coming before them in their decision making
capacity and that such changes are in the best interests of the City and its residents.
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.
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Section 2. That Section 2-568, subsection (c)(3) of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 2-568. Ethical rules of conduct.
. . .
(c) Rules of conduct.
. . .
(3) In any action in which a member of a City board or commission member
("member") declares a conflict of interest or is prohibited from participation
pursuant to subsection (7) below, or for any other reason, such member shall not
communicate to or attempt to influence such board or commission regarding such
item, in any capacity, except that:
a. the member may communicate with said board or c ommission to
protect a strictly personal interest, in the same or similar ways in which
the public is permitted to communicate with the board or commission.
b. the member may prepare materials on behalf of another for a
project in the normal course of bu siness or operation, so long as the
purpose of those materials is not directly and substantially related to
advocacy before said member's board or commission. Those materials
may be included in materials submitted by another to said member's
board or commi ssion so long as they fall within this exception. For
illustrative purposes, such materials may include, but are not necessarily
limited to architectural plans, technical studies, and engineering designs.
c. if a member has declared a conflict of interest in a matter in
accordance with the City Charter and Code and so is precluded from
participating in or influencing the decision of their his or her board or
commission, they he or she may request a variance from the limitations
of this subsection from the City Council in the following circumstances,
and in the following manner:
1. The member must submit a request for a variance to the
City Clerk on a form provided by the City Clerk for such
purpose.
2. The member must demonstrate that without the v ariance,
they he or she would suffer an exceptional hardship, and that no
reasonable alternative exists that would allow for that hardship to
be avoided or substantially mitigated;
Packet Pg. 81
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3. The City Council must act by resolution to approve or
disapprove the requested variance.
d. This limitation does not apply to other members, partners, or
other parties of the persons other than the member who are affiliated
with that member's or firm or entity, who and such other persons, but
not the member, may continue to work on the project and may advocate
to such member's board or commission, provided that the member has
declared the conflict and refrains from participating in the matter
consistent complies with the applicable requirements and application
limitations.
. . .
Section 3. That Section 2-568, subsection (c) of the Code of the City of Fort Collins
is hereby amended to add a new subparagraph (7), to read as follows:
(7) Additional limitations on participation.
a. No member of a Quasi-Judicial Commission, as defined in Article
III of this Chapter 2, who has participated or intends to participate as a
member of the public, or on behalf of another person or entity, to provide
input or public comment as part of a City process about a particular
proposal or project for which a City review, permit or approval is required
(such as, for example, speaking at a neighborhood meeting for a
development project or appearing at an administrative hearing for a
project), is allowed to participate in that process in their role as a board or
commission member.
1. In the event such input or public comment has been
provided, or is expected to be provided, the commission member
must promptly provide written notice to the City Clerk that they
are required to refrain from participation in their role as a
commission member in the City process or decision.
2. The commission member must also provide the required
notice to the chair of the commission of which they are a member.
b. The prohibitions and requirements of this subsection (7) apply
whether or not a conflict of interest is presented or has been declared and
are in addition to, and not in place of, the requirements applicable to any
officer or employee in the event of a conflict of interest.
c. No member of a Quasi-Judicial Commission, as defined in Article
III of this Chapter 2, may provide input or public comment on behalf of
that commission as part of a City process about a particular proposal or
Packet Pg. 82
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project for which a City review, permit or approval is required, except as
expressly authorized and directed by such commission.
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 83
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 087, 2021 Amending the Code of the City of Fort Collins to Correct and Clarify
an Inadvertent Change to the Appeal to the City Council of Final Decisions by the Building Review
Commission and the Water Commission.
EXECUTIVE SUMMARY
The purpose of this item is to provide Council with an opportunity to decide whether certain final decisi ons by
the Building Review Commission and the Water Commission that were appealable to City Council prior to
repeal and reenactment of Chapter 2, Article II, Division 3 of the City Code (the “Appeals Code”) should be
reinstated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On February 24, 2020, City Council adopted Ordinance No. 020, 2020 repealing and reenacting the Appeals
Code, including Section 2-47 that now permits final decisions that are “expressly appealable to City Council
under other provisions of [the Appeals Code]” to be decided by City Council”.
Prior to the adoption of Ordinance No. 020, 2020, Section 2-47 included an enumerated list of specific
decisions appealable to Council, in addition to other final decisions that are “expressly appealable” under other
provisions of the City Code. That enumerated list, which was eliminated from Section 2 -47 in the reenacted
Appeals Code, included appeals from the Building Review Commission and the Water Commission, although
appeals from these two Commissions are not expressly authorized by other provisions of the City Code. The
result was to eliminate a right to appeal the decisions of these two Commissions to City Council. The
proposed Ordinance reinstates those appeal rights by amending applicable sections of the City Code to make
them “expressly appealable.
The Building Review Commission hears appeals and makes final decisions regarding the application of the
International Building Codes adopted in Chapter 5 of the City Code and suspension and revocation of
contractor licenses under Chapter 15 of the City Code. The Water Commission hears certain appeals from the
Utilities Executive Director decisions regarding flood plain use permits an d makes decisions regarding flood
plain variances. The decisions made by these two Commissions are highly technical.
Although these decisions were previously appealable to City Council under City Code Section 2 -47 of the
Appeals Code before the repeal and reenactment of changes in 2020, as a legal matter an appeal to City
Council is not required. Council may choose as a policy matter to reinstate the appeal rights to City Council for
these decisions by adopted the proposed Ordinance. Alternatively, Counci l could decline to adopt the
proposed Ordinance and direct staff to bring back an ordinance clarifying that these decisions are final with no
further right of appeal. If no appeal to Council is provided under City Code, such decisions could still be
challenged in court by an unsatisfied party.
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ORDINANCE NO. 087, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
CORRECT AND CLARIFY AN INADVERTENT CHANGE TO THE
APPEAL TO THE CITY COUNCIL OF FINAL DECISIONS BY THE
BUILDING REVIEW COMMISSION AND THE WATER COMMISSION
WHEREAS, Chapter 2, Article II, Division 3 of the City Code (the “Appeals Code”)
establishes a process whereby parties directly affected by the quasi-judicial decisions of City
boards and commissions and certain other City decision makers may be appealed to the City
Council; and
WHEREAS, on February 24, 2020, City Council adopted Ordinance No. 020, 2020,
repealing and reenacting the Appeals Code, including Section 2-47 that permits final decisions
that are “expressly appealable to City Council under other provisions of [the Appeals Code]” to
be decided by City Council; and
WHEREAS, it has been determined that certain final decisions made by the Building
Review Commission and the Water Commission were appealable to City Council under the prior
provision of the Appeals Code, but with the change made to City Code Section 2 -47 are no
longer clearly appealable because such decisions are not “expressly appealable to City Council
under other provisions of the Appeals Code”; and
WHEREAS, City Council desires to clarify and, to the extent necessary, reinstate the
right to appeal final decisions of the Building Review Commission and Water Commission as set
forth herein to Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Article I, Chapter 5 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 5.3 to read as follows:
Sec. 5-3. - Certain appeals to be taken to city council.
A final decision of the Building Review Commission regarding application of the
International Codes adopted in this Chapter 5 of the City Code may be appealed
to City Council under Chapter 2, Article II, Division 3 of the City Code.
Section 3. That Section 15-156 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 15-156. - Duties of Building Review Board; Appeal.
(a) The Building Review Board shall have the duties and perform the
functions as set forth in § 2 -119 of the Code, which duties and functions
include, without limitation, hearing all matters related to the suspension or
revocation of any supervisor certificate or license or registration of any plumber
or electrician as provided in the Code. The Building Review Board is
authorized, upon appeal in specific cases, to grant variances from the terms of
this Article, where the strict application of any pr ovision of this Article would
result in peculiar or exceptional practical difficulties to or exceptional or undue
hardship upon the person or applicant regulated; or, when such applicant can
demonstrate to the satisfaction of the Board that the applicant p ossesses other
qualifications not specifically listed in this Article, such as specialized training,
education or additional experience, which the Board has determined qualifies
the applicant to perform in a competent manner any construction authorized
under the license or certificate sought, and provided that such relief may be
granted without substantial detriment to the public good and without
substantially impairing the intent and purposes of this Article.
(b) A final decision of the Building Review Co mmission regarding
suspension or revocation of a license under this section may be appealed to City
Council under Chapter 2, Article II, Division 3 of the City Code.
Section 4. That Section 10-28(a) of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-28. - Appeals/variance procedure.
(a) The Water Board, as established in § 2 -436, shall hear and decide
appeals from decisions of the Utilities Executive Director and requests for
variances from the requirements of this Artic le. Any final decision of the Board
may be subject to review by the appealed to City Council under Chapter 2,
Article II, Division 3 of the City Code .
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Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 87
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Northeast Frontage Road Annexation.
EXECUTIVE SUMMARY
A. Resolution 2021-071 Setting Forth Findings of Fact and Determinations Regarding the Northeast
Frontage Road Annexation.
B. Public Hearing and First Reading of Ordinance No. 088, 2021, Annexing the Property Known as
Northeast Frontage Road Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to request the 100% voluntary annexation of a former frontage road that was
recently vacated by Colorado Department of Transportation (CDOT). The vacated 4 -acre tract of land reverted
to the adjacent property owner, who is now petitioning for annexation and zoning of the property. The Initiating
Resolution was adopted on May 18, 2021. The property is located within the boundary of the I -25 Corridor
Plan. A related item to zone the annexed property is presented as the next item on this Agenda.
This annexation request is in conformance 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
Contiguity
The proposed annexation gains the required contiguity and is wholly surrounded by City limits by the Galatia
Annexation (1990), Highway I-25 Second Annexation (1989), and Interstate Associates Annexation (1989).
This satisfies the state requirement that at least one-sixth of the perimeter boundary be contiguous to the
existing City of Fort Collins municipal boundary.
Enclave Implications
Annexing the 4-acre former right-of-way does not create nor contribute to creating an enclave.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Commission voted 6-0 to recommend the placement of the property into the General
Commercial (GC) zone district and LC2 Lighting Context Area at its May 20, 2021, meeting. This unanimous
action was taken as part of the Commission’s Discussion Agenda. (Attachment 4)
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Agenda Item 12
Item # 12 Page 2
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi-judicial map
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. At the time of initial submittal, the project was not
seen as controversial, however, through subsequent communication with the surrounding neighborhoods both
staff and the applicant team determined that a neighborhood meeting would be appropriate.
On June 14, 2021, staff hosted a meeting to allow the applicant to share additional information related to three
concurrent projects being processed by the City (Annexation & Zoning, Rezoning, and Overall Development
Plan Amendment). The meeting allowed community members an opportunity to list and discuss iss ues related
to the area. Issues included:
• The amount and type of traffic generated by future development of the 115-acre site.
• The need for traffic calming measures such as radar signs, speed tables, commercial truck restrictions,
and bulb-outs.
• Need for a park and future connectivity to the new Timnath Middle-High School at Prospect.
• Difference in traffic quantities between Urban Estate zoning and Industrial zoning (80 vs 120 trips per day).
• The need for a signalized Intersection at CR5 and East Mulberry to encourage a more equal distribution of
traffic between arterial and collector streets.
• Concerns about the frontage road being closed and the additional impacts it will have on cut -through
traffic.
• Types of development allowed in the Industrial zone district and ensuring compatibility of future
development with Fox Grove to the north.
ATTACHMENTS
1. Vicinity and Zoning Map (PDF)
2. Annexation Petition (PDF)
3. Annexation Map (PDF)
4. Planning and Zoning Commission Minutes (draft) (PDF)
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9,028
1,504.7
Northeast Frontage Road Annexation
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.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Parcels
City Zoning
Community Commercial
Community Commercial North College
Community Commercial Poudre River
General Commercial
Limited Commercial
Service Commercial
CSU
Downtown
Employment
Harmony Corridor
Industrial
High Density Mixed-Use Neighborhood
Low Density Mixed-Use Neighborhood
Medium Density Mixed-Use Neighborhood
Neighborhood Commercial
Neighborhood Conservation Buffer
Neighborhood Conservation Low Density
Neighborhood Conservation Medium Density
Public Open Lands
River Conservation
River Downtown Redevelopment
Residential Foothills
Low Density Residential
Rural Lands District
Transition
Urban Estate
SITE
ATTACHMENT 1 12.1
Packet Pg. 90 Attachment: Vicinity and Zoning Map (10409 : Northeast Frontage Road Annexation)
Northeast Frontage Road
174,693 SQUARE FEET 4.01
ATTACHMENT 2 12.2
Packet Pg. 91 Attachment: Annexation Petition (10409 : Northeast Frontage Road Annexation)
ATTACHMENT 2 12.2
Packet Pg. 92 Attachment: Annexation Petition (10409 : Northeast Frontage Road Annexation)
PROPERTY DESCRIPTION
NE FRONTAGE ROAD ANNEXATION
PROPERTY DESCRIPTION
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7
NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE
POINT OF BEGINNING;
THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS
INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE
RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES:
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A
DISTANCE OF 194.78 FEET;
THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET;
THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET;
THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET;
THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE;
THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF
333.39 FEET;
THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET;
THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET;
THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A
CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47
FEET;
THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET;
THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET;
THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET;
THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET;
THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET;
THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET;
THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE;
THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF
334.43 FEET;
THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET;
THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET;
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26
FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF
405.63 FEET;
THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET;
THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET;
THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS
ATTACHMENT 2 12.2
Packet Pg. 93 Attachment: Annexation Petition (10409 : Northeast Frontage Road Annexation)
ATTACHMENT 2 12.2
Packet Pg. 94 Attachment: Annexation Petition (10409 : Northeast Frontage Road Annexation)
Northeast Frontage Road
ATTACHMENT 2 12.2
Packet Pg. 95 Attachment: Annexation Petition (10409 : Northeast Frontage Road Annexation)
ANNEXATIONSITEGALATIA ANNEXATIONDDDDGALATIA ANNEXATIONGALATIA ANNEXATIONHIGHWAY I-25 SECOND ANNEXATIONINTERSTATE ASSOCIATESANNEXATIONJob No.Date:SHT 1 OF 1P.O. Box 261176Lakewood, Colorado 80226720.251.0468RW210101-25-21VICINITY MAPSCALE: 1"=1200'“””””””””””ATTACHMENT 312.3Packet Pg. 96Attachment: Annexation Map (10409 : Northeast Frontage Road Annexation)
Michelle Haefele, Chair Virtual Hearing
Ted Shepard, Vice Chair City Council Chambers
Jeff Hansen 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
David Katz
Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion &
Channels 14 & 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224-
6001) for assistance.
Regular Hearing
May 20, 2021
Chair Haefele called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard
Absent: None
Discussion Agenda:
2. NE Prospect & I-25 Annexation and Zoning
Project Description: This is a request for a 100% voluntary annexation of a former frontage road that was recently
vacated by Colorado Department of Transportation (CDOT). The vacated 4-acre tract of land was dedicated to the
adjacent property owner, who is now petitioning for annexation and zoning of the property. The adjacent properties
have already been incorporated into the city. The requested zoning for this annexation is General Commercial (C-G).
Recommendation: Approval
Secretary Manno reported that there were no citizen emails or letter received.
Staff and Applicant Presentations
Planner Kleer gave a brief verbal/visual overview of this item.
Rick White, property owner, commented that he did have two consultants present to answer any questions
including traffic engineers, civil engineers, etc. A brief verbal/visual presentation was given at this time. During
this presentation Rick, Roger Sherman and Ruth Rollins addressed the traffic frontage road concerns and traffic
questions.
Public Input (3 minutes per person)
Planning and Zoning
Commission Minutes
ATTACHMENT 4 12.4
Packet Pg. 97 Attachment: Planning and Zoning Commission Minutes (draft) (10409 : Northeast Frontage Road Annexation)
Planning & Zoning Commission
May 20, 2021
Page 2 of 2
James Sayre liked Planner Kleer’s explanation of what will be happening with the f rontage road. He likes the
options for the frontage road. He will wait for the meetings once development is in process.
Attorney Yatabe commented that he believed that this item is being initiated by the property owner and wanted to
know if the property owner would like to make a presentation.
Josh Chapel, questions if he misunderstood the plan for the new frontage road to be Carriage Parkway, from
Prospect through to 14. Is this the plan?
Staff Response
Planner Kleer responded to Josh Chapel that this is not necessarily the case. Carriage Parkway was always
anticipated to be a collector street that would connect between Mulberry and Prospect. By coincidence, the
frontage road being devolved just puts some additional pressure on Carriage Parkway a s a street to provide that
former connectivity that frontage road did. As a result of the frontage road being devolved and no longer being
used as a connection, it then does become that connection between Prospect.
Commission Questions / Deliberation
Commissioner Hogestad asked if there was a neighborhood meeting. Planner Kleer respond that there was not a
neighborhood meeting as it was a house keeping item and not controversial.
Vice Chair Shepard asked Planner Kleer to explain that there will be an alternative road network to serve future
development in the area. Planner Kleer explained the Master Street Plan and what the connections will be in the
future for this area.
Commissioner Katz is thankful for the concerned citizens and that the Commission did not do a good job of explaining
to the citizens that this is a rezone and an annexation and that there is going to be a development plan. He
encourages citizens to come to the meetings then and that is when the details will be thoroughly gone over.
Commissioner Haefele commented that the procedure went off the rails because of the moving parts involved with the
intersection. She is glad to hear the concerns from the citizens.
Vice Chair Shepard thanked Planner Kleer for his presentation and information on this item and asked for an
explanation of what the memo involves and how this property became a remnant piece of property that was not
included in the 2004 annexation. Planner Kleer responded as part of the 1991 annexation, an adjacent right-of-way to
an annexed property would typically be required, During the 1991 annexation this 40 -acres was inadvertently excluded
from the annexation. Prospect road was included as it should have been, but this portion was not.
Vice Chair Shepard commented that this is a cleanup item, a survey glitch. He is confident that this is moving in the
right direction. It is in the public interest that this survey glitch be remedied.
Commissioner Schneider commented that this is a recommendation to Council. Commissioner Haefele thanked
Commissioner Schneider for pointing that out.
Chair Haefele commented that she agrees and that this is a tough thing as it is a step among many with an
intersection of concern. She apologized for the discombobulation and confusion.
Commissioner Hansen made a motion that the Fort Collins Planning and Zoning Commission recommend
approval to City Council of the North East Frontage Road Annexation and Zoning ANX210001. This
recommendation is based upon the agenda and materials, the information and materials presented during the
work session and this hearing and the Commission discussion on this item. Th is complies with all applicable
land use code procedures and requirements and the information, analysis, findings of fact and conclusions
contained in the staff report included with the agenda materials for this hearing are adopted by this
commission. Commissioner Schneider seconded with a friendly amendment that it is zoned general
commercial to also include LC2 lighting and context area. Commissioner Hansen accepted the amendment.
Vote 6:0
12.4
Packet Pg. 98 Attachment: Planning and Zoning Commission Minutes (draft) (10409 : Northeast Frontage Road Annexation)
-1-
RESOLUTION 2021-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE NORTHEAST FRONTAGE ROAD ANNEXATION
WHEREAS, pursuant to Resolution 2021-056, annexation proceedings were initiated by
the City Council for property to be known as the Northeast Frontage Road Annexation (the
“Property”); and
WHEREAS, following notice given as required by law, the City Council held a hearing
on said annexation July 6, 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 finds that the petition for annexation of the
Property complies with the Municipal Annexation Act (the “Act”), Colorado Revised Statutes
Section 31-12-101, et seq.
Section 3. That the City Council hereby finds that there is at least one-sixth (1/6)
contiguity between the City and the Property proposed to be annexed; that a community of
interest exists between the Property proposed to be annexed into the City; that said Property is
urban or will be urbanized in the near future; and that the Property is integrated with or is
capable of being integrated with the City.
Section 4. That the City Council further determines that the applicable parts of the
Act have been met, that an election is not required under the Act, and that there are no other
terms and conditions to be imposed upon said annexation.
Section 5. That the City Council further finds that notice was duly given, and a
hearing was held regarding the annexation in accordance with the Act.
Section 6. That the City Council concludes that the Property is eligible for
annexation to the City and should be so annexed.
Packet Pg. 99
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 6th day of July, A.D. 2021.
_________________________________
Mayor
ATTEST:
___________________________
City Clerk
Packet Pg. 100
-1-
ORDINANCE NO. 088, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
NORTHEAST FRONTAGE ROAD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, on May 18, 2021, City Council adopted Resolution 2021-056 finding
substantial compliance and initiating annexation proceedings for the Northeast Frontage Road
Annexation, as defined therein and described below; and
WHEREAS, Resolution 2021-071 setting forth findings of fact and determinations
regarding the Northeast Frontage Road Annexation 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 Northeast Frontage Road Annexation 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
2021-056 and Resolution 2021-071 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:
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15;
THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE
"GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO
BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING
COURSES:
Packet Pg. 101
-2-
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE
SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET;
THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET;
THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET;
THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET;
THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF
CURVATURE;
THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE
CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET;
THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET;
THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET;
THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF
CURVATURE;
THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A
RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE
CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET;
THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET;
THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET;
THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET;
THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET;
THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET;
THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET;
THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF
CURVATURE;
THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE
CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET;
THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET;
THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET;
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF
CURVATURE;
THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING
A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE
CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET;
THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET;
THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET;
THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Northeast Frontage Road Annexation, which annexation shall become effective upon completion
of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113,
Packet Pg. 102
-3-
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 C.R.S. Section 37-45-136(3.6),
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Passed and adopted on final reading on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Packet Pg. 103
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 089, 2021, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Northeast Frontage Road Annexation
to the City Of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood
Sign District Map and Lighting Context Area Map.
EXECUTIVE SUMMARY
The purpose of this item is to zone the property included in the Northeast Frontage Road Annexation into the
General Commercial (C-G) zone district and LC2 Lighting Context Area.
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 2019-064.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is CG, General Commercial, which conforms to the larger surrounding
area.
Context
The surrounding zoning and land uses are as follows:
North South East West
Zoning General
Commercial (C-G)
General
Commercial (C-G)
General
Commercial (C-G)
General
Commercial (C-G)
Land Use Undeveloped Undeveloped Interstate 25 and
undeveloped land
Undeveloped
City Plan (2019)
The Structure Plan Map in City Plan provides a framework for the u ltimate buildout of Fort Collins. It focuses
on the physical form and development pattern of the community, illustrating areas where new greenfield
development, infill, and redevelopment are likely to occur, as well as the types of land uses and intensitie s to
encourage. The Structure Plan:
13
Packet Pg. 104
Agenda Item 13
Item # 13 Page 2
• Guides future growth and reinvestment and serves as the official Land Use Plan for the City;
• Informs planning for infrastructure and services;
• Fosters coordinated land use and transportation decisions within the city and region; and
• Helps implement principles and policies.
One of the most significant changes to the 2019 City Plan from the 2011 version is the use of “place types” on
the Structure Plan Map (Attachment 3) to describe future development character rather than specific land use
districts. “Place type” descriptions provide a set of visual and narrative criteria to describe the look, feel, and
general character of a part of the community. Thirteen place types, describing three types of neighborhoods,
eight districts, and two open lands categories, are depicted on the Structure Plan. The place type that is
designated for this site is Suburban Mixed-Use District and is generally described as follows:
• “Principally used for retail, restaurants, office and other commercial services.
• A place supported by high-density residential, entertainment, childcare centers and other supportin g uses.
Principal Land Use: Single-family detached homes.
• Densities and building heights will vary; building heights will generally b e between one and five stories, but
may be higher in some locations.
• Key characteristics include walkable mixed-use districts that provide a range of retail and commercial
services, as well as high-density residential.
• An area supported by direct pedestria n and bicycle linkages to surrounding neighborhoods, as well as by
[bus rapid transit] or high-frequency bus service.”
The requested zoning (C-G) aligns with both the City’s Structure Plan Map designation and key characteristics
described by the Suburban Mixed-Use place type.
Northern Colorado I-25 Corridor Plan - Regional Communities (2001) and I-25 Subarea Plan (2003)
The subject land area is contained within the I-25 Subarea Plan boundary. In 2001, the City adopted the
Northern Colorado I-25 Corridor Plan in conjunction with Larimer County, Weld County, Town of Berthoud,
Town of Timnath, Town of Johnstown, Town of Windsor, City of Loveland and the Colorado Department of
Transportation. This joint planning effort encompassed an area of 60 square miles, measuring roughly one-
mile on either side of I-25 for 32 miles. The basic elements of this Plan were for the jurisdictions to collaborate
on a unified vision for the Corridor, particularly regarding the visual and physical community separation;
retaining individual characteristics and identities; and addressing aspects of the built and natural environment.
After adoption of the regional plan in 2001, the City followed up with its own I -25 Subarea Plan in 2003,
covering the area along I-25 between Larimer County Road 54 (Richards Lake Road) and CR 32 (aka
Carpenter Road and Colorado State Highway 392). (Attachment 2)
One of the most pertinent findings of the Subarea Plan is that this area is designated as a Commercial Corridor
and an Activity Center. The Plan states:
“The Commercial Corridors classification is intended to provide for a wide range of community regional; retail
uses, as well as offices, business and personal services... While this classification is typically the location for
highway business and auto-related uses, it also presents opportunities over time to transform existing
developed areas into mixed-use (including residential), multi-modal centers, concurring with the overall
community vision for Fort Collins.” (p 24)
According to the I-25 Subarea Plan Land Use Plan (p 26), the subject parcel is identified as Commercial
Corridor. While the Commercial Corridor zone district is not a City zone district, the General Commercial
district provides direct alignment with this designation, therefore, is consistent with Subarea Plan guidance.
13
Packet Pg. 105
Agenda Item 13
Item # 13 Page 3
Zoning
The proposed zoning for the subject annexation is C -G, General Commercial. This district is intended to be a
setting for development, redevelopment and infill of a wide range of community and regional re tail uses, offices
and personal and business services. Secondarily, it can accommodate a wide range of other uses including
creative forms of housing. While some General Commercial zone district areas may continue to meet the need
for auto-related and other auto-oriented uses, it is the City’s intent that the General Commercial zone district
emphasizes safe and convenient personal mobility in many forms, with planning and design that
accommodates pedestrians.
Lighting Context Area
On March 26, 2021, the City adopted a new exterior lighting standards and established Lighting Context Areas
that correspond to the City’s zone districts. The corresponding district identified by Table 3.2.4 -1 of the City’s
lighting code is LC2. As part of this item, staff recommends placement of the property into the LC2 Lighting
Context Area. (Attachment 4)
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Commission voted 6-0 to recommend the placement of the property into the General
Commercial (C-G) zone district and LC2 Lighting Context Area at its May 20, 2021, meeting. This unanimous
action was taken as part of the Commission’s Discussion Agenda. (Attachment 5)
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi-judicial map
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. At the time of initial submittal, the project was not
seen as controversial, however, through subsequent communication with the surrounding neighborhoods both
staff and the applicant team determined that it would be appropriate.
On June 14, 2021, staff hosted a meeting to allow the applicant to share additional information relate d to three
concurrent projects being processed by the City (Annexation & Zoning, Rezoning, and Overall Development
Plan Amendment). The meeting allowed community members an opportunity to list and discuss issues related
to the area. Issues included:
• The amounts and types of traffic generated by future development of the 115-acre site.
• The need for traffic calming measures such as radar signs, speed tables, commercial truck restrictions,
and bulb-outs.
• Need for a park and future connectivity to the new Timnath Middle-High School at Prospect.
• Difference in traffic quantities between Urban Estate zoning and Industrial zoning (80 vs 120 trips per day).
• The need for a signalized Intersection at CR5 and E Mulberry to encourage a more equal distribution of
traffic between arterial and collector streets.
• Concerns about the frontage road being closed and the additional impacts it will have on cut -through
traffic.
• Types of development allowed in the Industrial zone district and ensuring compatibility of future
development with Fox Grove to the north.
ATTACHMENTS
1. Vicinity and Zoning Map (PDF)
2. I25 Subarea Land Use Plan (PDF)
3. Structure Plan Map (PDF)
4. Lighting Map (PDF)
5. Planning and Zoning Commission Minutes (draft) (PDF)
13
Packet Pg. 106
9,028
1,504.7
Northeast Frontage Road Annexation
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.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Parcels
City Zoning
Community Commercial
Community Commercial North College
Community Commercial Poudre River
General Commercial
Limited Commercial
Service Commercial
CSU
Downtown
Employment
Harmony Corridor
Industrial
High Density Mixed-Use Neighborhood
Low Density Mixed-Use Neighborhood
Medium Density Mixed-Use Neighborhood
Neighborhood Commercial
Neighborhood Conservation Buffer
Neighborhood Conservation Low Density
Neighborhood Conservation Medium Density
Public Open Lands
River Conservation
River Downtown Redevelopment
Residential Foothills
Low Density Residential
Rural Lands District
Transition
Urban Estate
SITE
ATTACHMENT 1 13.1
Packet Pg. 107 Attachment: Vicinity and Zoning Map (10408 : Northeast Frontage Road Annexation Zoning)
9,028
1,504.7
Northeast Frontage Road Annexation
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.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Growth Management Area
City Limits
Community Separator
Adjacent Planning Area
Structure Plan
Adjacent Planning Area
Campus District
Community Separator
Downtown District
Industrial District
Mixed Employment District
Mixed Neighborhood
Neighborhood Mixed Use District
Parks and Natural/Protected Lands
R&D/Flex District
Rural Neighborhood
Single Family Neighborhood
Suburban Mixed Use District
Urban Mixed Use District
ATTACHMENT 3
13.2
Packet Pg. 108 Attachment: I25 Subarea Land Use Plan (10408 : Northeast Frontage Road Annexation Zoning)
9,028
1,504.7
Northeast Frontage Road Annexation
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.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Growth Management Area
City Limits
Community Separator
Adjacent Planning Area
Structure Plan
Adjacent Planning Area
Campus District
Community Separator
Downtown District
Industrial District
Mixed Employment District
Mixed Neighborhood
Neighborhood Mixed Use District
Parks and Natural/Protected Lands
R&D/Flex District
Rural Neighborhood
Single Family Neighborhood
Suburban Mixed Use District
Urban Mixed Use District
ATTACHMENT 3
13.3
Packet Pg. 109 Attachment: Structure Plan Map (10408 : Northeast Frontage Road Annexation Zoning)
SCOLLEGEAVEW HORSETOOTH RD
W MULBERRY ST
S SHIELDS STLAPORTE AVE
S TIMBERLINE RDSTATE HIGHWAY 392
NU
S
HIG
H
WA
Y
2
8
7
SLEMAY AVESTRAUSSCABINRDZIEGLERRDRIV
E
R
SID
EAVE
S OVERLAND TRLN HOWESST9TH STW LAUREL ST
E
MOUNTAIN A V E
W DRAKE RD
E PROSPECT RD
W WILLOX LN
S TAFT HILL RDW VINE DR
COUNTRY CLUB RD
E VINE DR
RICHARDS LAKE RD
REMINGTONSTW MOUNTAIN
AVE TURNBERRYRDE W ILLOX LN
E TRILBY RDLANDINGSDRW PROSPECT RD
E COUNTY ROAD 38
E MULBERRY ST
JE
F
F
E
R
S
O
N
S
T
E DOUGLAS RD
COUNTY ROAD 54G
NCOLLEGEAVEW ELIZABETH S T NLEMAYAVEWCOUNTYROAD38EE COUNTY ROAD 50MOUNTAINVISTADR
E HARMONY R DN TIMBERLINE RDBOA
R
D
WALKD
RTERRYLAKERDG
R
E
G
O
R
Y
R
D
E HORSETOOTH RD
KECHTER RDN SHIELDS STS COUNTY ROAD 5W HARMONY RD S HOWES STW DOUGLAS RD
N OVERLANDTRLE COUNTY
ROAD 36S MASON STMAIN STW TRILBY RD
E DRAKE RD
E SUNIGARD
E
LINCOLNAVE
CARPE NTE R RD
E TRO U T M A N
P K W Y
E COUNTY ROAD 30S US HIGHWAY 287S COUNTY ROAD 13E COUNTY ROAD 52
S COUNTY ROAD 11S
S
UMMIT
V
I
E
WD
R
S COUNTYROAD 7N COUNTY ROAD 17E COUNTY ROAD 48N COUNTYROAD 19N COUNTY ROAD 5NTAFTHILLRDE COUNTY ROAD 54
S COUNTY ROAD 19GIDDINGS RDN COUNTY ROAD 9S COUNTY ROAD 9Lighting Ordinance Planning - Draft
Printed: February 04, 2021
Lighting Ordinance Context Areas - Draft
City Limits - Outline
Growth Management Area
LC0
LC1
LC2
LC3
ATTACHMENT 4
13.4
Packet Pg. 110 Attachment: Lighting Map (10408 : Northeast Frontage Road Annexation Zoning)
Michelle Haefele, Chair Virtual Hearing
Ted Shepard, Vice Chair City Council Chambers
Jeff Hansen 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
David Katz
Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion &
Channels 14 & 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224-
6001) for assistance.
Regular Hearing
May 20, 2021
Chair Haefele called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard
Absent: None
Discussion Agenda:
2. NE Prospect & I-25 Annexation and Zoning
Project Description: This is a request for a 100% voluntary annexation of a former frontage road that was recently
vacated by Colorado Department of Transportation (CDOT). The vacated 4-acre tract of land was dedicated to the
adjacent property owner, who is now petitioning for annexation and zoning of the property. The adjacent properties
have already been incorporated into the city. The requested zoning for this annexation is General Commercial (C-G).
Recommendation: Approval
Secretary Manno reported that there were no citizen emails or letter received.
Staff and Applicant Presentations
Planner Kleer gave a brief verbal/visual overview of this item.
Rick White, property owner, commented that he did have two consultants present to answer any questions
including traffic engineers, civil engineers, etc. A brief verbal/visual presentation was given at this time. During
this presentation Rick, Roger Sherman and Ruth Rollins addressed the traffic frontage road concerns and traffic
questions.
Public Input (3 minutes per person)
Planning and Zoning
Commission Minutes
ATTACHMENT 5 13.5
Packet Pg. 111 Attachment: Planning and Zoning Commission Minutes (draft) (10408 : Northeast Frontage Road Annexation Zoning)
Planning & Zoning Commission
May 20, 2021
Page 2 of 2
James Sayre liked Planner Kleer’s explanation of what will be happening with the f rontage road. He likes the
options for the frontage road. He will wait for the meetings once development is in process.
Attorney Yatabe commented that he believed that this item is being initiated by the property owner and wanted to
know if the property owner would like to make a presentation.
Josh Chapel, questions if he misunderstood the plan for the new frontage road to be Carriage Parkway, from
Prospect through to 14. Is this the plan?
Staff Response
Planner Kleer responded to Josh Chapel that this is not necessarily the case. Carriage Parkway was always
anticipated to be a collector street that would connect between Mulberry and Prospect. By coincidence, the
frontage road being devolved just puts some additional pressure on Carriage Parkway a s a street to provide that
former connectivity that frontage road did. As a result of the frontage road being devolved and no longer being
used as a connection, it then does become that connection between Prospect.
Commission Questions / Deliberation
Commissioner Hogestad asked if there was a neighborhood meeting. Planner Kleer respond that there was not a
neighborhood meeting as it was a house keeping item and not controversial.
Vice Chair Shepard asked Planner Kleer to explain that there will be an alternative road network to serve future
development in the area. Planner Kleer explained the Master Street Plan and what the connections will be in the
future for this area.
Commissioner Katz is thankful for the concerned citizens and that the Commission did not do a good job of explaining
to the citizens that this is a rezone and an annexation and that there is going to be a development plan. He
encourages citizens to come to the meetings then and that is when the details will be thoroughly gone over.
Commissioner Haefele commented that the procedure went off the rails because of the moving parts involved with the
intersection. She is glad to hear the concerns from the citizens.
Vice Chair Shepard thanked Planner Kleer for his presentation and information on this item and asked for an
explanation of what the memo involves and how this property became a remnant piece of property that was not
included in the 2004 annexation. Planner Kleer responded as part of the 1991 annexation, an adjacent right-of-way to
an annexed property would typically be required, During the 1991 annexation this 40 -acres was inadvertently excluded
from the annexation. Prospect road was included as it should have been, but this portion was not.
Vice Chair Shepard commented that this is a cleanup item, a survey glitch. He is confident that this is moving in the
right direction. It is in the public interest that this survey glitch be remedied.
Commissioner Schneider commented that this is a recommendation to Council. Commissioner Haefele thanked
Commissioner Schneider for pointing that out.
Chair Haefele commented that she agrees and that this is a tough thing as it is a step among many with an
intersection of concern. She apologized for the discombobulation and confusion.
Commissioner Hansen made a motion that the Fort Collins Planning and Zoning Commission recommend
approval to City Council of the North East Frontage Road Annexation and Zoning ANX210001. This
recommendation is based upon the agenda and materials, the information and materials presented during the
work session and this hearing and the Commission discussion on this item. Th is complies with all applicable
land use code procedures and requirements and the information, analysis, findings of fact and conclusions
contained in the staff report included with the agenda materials for this hearing are adopted by this
commission. Commissioner Schneider seconded with a friendly amendment that it is zoned general
commercial to also include LC2 lighting and context area. Commissioner Hansen accepted the amendment.
Vote 6:0
13.5
Packet Pg. 112 Attachment: Planning and Zoning Commission Minutes (draft) (10408 : Northeast Frontage Road Annexation Zoning)
-1-
ORDINANCE NO. 089, 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 NORTHEAST FRONTAGE ROAD ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO, AND APPROVING
CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN
DISTRICT MAP AND THE LIGHTING CONTEXT AREA MAP
WHEREAS, on July 20, 2021, the City Council adopted on second reading Ordinance
No. 088, 2021, annexing to the City of Fort Collins the property known as the Northeast
Frontage Road Annexation (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 May 20, 2021, unanimously recommended zoning the Property as
General Commercial (C-G), 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 (“C-G”) zone district the Property more particularly
described as:
Packet Pg. 113
-2-
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15;
THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE
"GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO
BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING
COURSES:
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE
SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET;
THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET;
THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET;
THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET;
THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF
CURVATURE;
THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE
CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET;
THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET;
THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET;
THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF
CURVATURE;
THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A
RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE
CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET;
THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET;
THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET;
THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET;
THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET;
THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET;
THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET;
THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF
CURVATURE;
THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE
CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET;
THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET;
THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET;
Packet Pg. 114
-3-
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF
CURVATURE;
THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING
A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE
CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET;
THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET;
THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET;
THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS.
Section 3. That the 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
Property described herein is not included in the Residential Neighborhood Sign District.
Section 4. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H)
of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing
that the Property described herein is included in the LC2 Lighting Context Area.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Passed and adopted on final reading on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Packet Pg. 115
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 090, 2021 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the Northeast Prospect & I-
25 Rezoning and Making Corresponding Changes to the Lighting Context Area Map and Residential
Neighborhood Sign District Map.
EXECUTIVE SUMMARY
The purpose of this item is to rezone 4.265-acres in the northeast quadrant of the I-25 and East Prospect Road
interchange (parcel # 8715000009). The site is currently zoned Urban Estate (UE) and the request is for
placement into the Industrial (I) zone district.
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 2019-064.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This item is related to a development application being submitted for an Overall Development Plan (ODP) on a
115-acre parcel of vacant land located at the northeast quadrant of I-25 and East Prospect Road.
Both the rezoning and the ODP are designed to facilitate a future industrial development project on the subject
115-acre site. The request to rezone the subject property complies with the standards and criteria of the Land
Use Code Section 2.9(H).
The surrounding zoning and land uses are as follows:
North South East West
Zoning Fox Grove, Low Density
Mixed-Use
Neighborhood (L-M-N)
Urban Estate (U-E) and
Industrial (I)
Urban Estate (U-E)
and Kitchell Estates,
County R-2 zoning
Industrial (I)
Land
Use
Single-family detached Undeveloped Undeveloped; Single-
family detached
residential (County)
Undeveloped
14
Packet Pg. 116
Agenda Item 14
Item # 14 Page 2
The subject property was annexed into the City of Fort Collins as part of the Galatia Annexation in 1991. Under
prior zoning law in 1991, the property was placed into the Highway Business (H -B) district, Industrial Park (I-P)
district, and Low Density Planned Residential (RLP) zone district (Attachment 6)
In 1997, the City adopted City Plan, created new zone districts , and implemented a city-wide rezoning that
changed the zone districts respectively to General Commercial, Industrial, and Urban Estate. Since that time,
conditions in the area have changed significantly and include:
• Development of the Poudre School District Site.
• Sale of 12-acres of land to Poudre School District.
• Construction of Fox Grove.
• Devolution of the Frontage Road by Colorado Department of Transportation.
• Regional stormwater infrastructure improvements and remapping of the FEMA floodplain.
REZONING EVALUATION
Summary of the Review Criteria for Rezoning of Parcels Less than 640 Acres Per Section 2.9 of the
Land Use Code
Per Section 2.9 of the Land Use Code, any amendment to the Zoning Map involving the zoning or rezoning of
640-acres of land or less (quasi-judicial versus legislative) shall be recommended for approval by the Planning
and Zoning Commission or approved by Council only if the proposed amendment is:
• consistent with the City Comprehensive Plan (City Plan); and/or
• warranted by changed conditions within the neighborhood surrounding and including the subject property.
The Planning and Zoning Commission and Council may consider the following additional factors:
• whether and the extent to which the proposed amendment is compatible with exi sting and proposed uses
surrounding the subject land, and is the appropriate zone district for the land;
• whether and the extent to which the proposed amendment would result in significantly adverse impacts on
the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife,
vegetation, wetlands and natural functioning of the environment;
• whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
The rezone request is based on 2.9.4(2)(b), and is justified by the changed conditions.
1. Criterion 2.9.4(H)(2)(a): Consistency with City Plan
The rezone request is not based on consistency with City Plan but rather 2.9.4(H)(2)(a) – Warranted by
Changed Conditions. The below information is a summary of City Plan’s guidance with respect to the
Structure Plan Map and flexibility provided in relation to the site.
City Plan (2019)
The Structure Plan Map in City Plan provides a framework for the ultimate buildout of Fort Coll ins. It focuses
on the physical form and development pattern of the community, illustrating areas where new greenfield
development, infill, and redevelopment are likely to occur, as well as the types of land uses and intensities to
encourage.
This site is designated as a Suburban Neighborhood District; however, the Plan acknowledges that in some
instances, place-type boundaries may not follow an existing parcel line, roadway, or other geographic
boundary and that the actual delineation of place types will be established at the time of a proposed re-zoning
and development submittal (p 94).
14
Packet Pg. 117
Agenda Item 14
Item # 14 Page 3
Though the place type designation is based on the current zoning boundary, there is some flexibility that is
granted to allow place type boundary to shift based on a dev elopment submittal and in this case, the initial
engineering of the Carriage Parkway alignment.
Based on the aforementioned considerations, the 205 -foot adjustment to align the Industrial zone district line
with the centerline of Carriage Parkway is consistent with City Plan and the Structure Plan Map.
2. Criterion 2.9.4(H)(2)(b): Warranted by changed conditions.
This rezone request is based on Criterion 2.9.4(H)(2)(b), which allows for zoning map amendments if
“warranted by changed conditions within the neighborhood surrounding and including the subject property.”
Staff identifies three main elements contributing to the changed conditions of the surrounding neighborhood
that warrant the rezone of this property.
• The original 1991 zoning of the site was based on a conceptual zoning plan that used streets and
drainageways to define zone districts and does not reflect the changes caused by recent development in
the area;
• Recent construction of the Fox Grove subdivision to the north has fully engineered and bu ilt the alignment
of Carriage Parkway that dead-ends into this site; and
• Sale of 12.44 acres to the Poudre School District for expanded uses in their Prospect Middle/High School
campus precludes the original alignment of Carriage Parkway.
Original zoning based on conceptual street alignments. The first change in conditions was in part due to
the original 1991 zoning of the site that was based on a conceptual zoning plan. The conceptual horseshoe-
shaped road and drainageway influenced the current zoning bo undaries of the site. (Attachment 6)
It was not until the adoption of the Master Street Plan and approval of the 2006 ODP that this alignment was
changed to reflect the new road standards of the City. With the alignment of today’s road system in the area,
the zone district no longer provides a rational relationship to the existing UE and I zone district boundaries .
Changes to alignment of Carriage Parkway. The second changed condition that warrants a rezone is the
2017 approval and subsequent construction of the Fox Grove residential subdivision to the north. It was during
the planning and engineering of Fox Grove that the alignment of Carriage Parkway shifted to the east, primarily
to meet the collector street radius requirements of the Larimer County Urb an Area Street Standards
(LCUASS).
Since approval, a portion of Carriage Parkway has been built and now dead-ends into the northern boundary
of this site. (Attachment 8) This change is now reflected in the amended Overall Development Plan that is
concurrently being processed as a Minor Amendment in conjunction with this rezone request. (Attachments 4
and 5)
The previous conceptual alignment of Carriage Parkway provided an appropriate transition between the I and
UE zone districts. (Attachment 8) With the new, partially constructed alignment for Carriage Parkway, the UE
district would be split across both the east and west sides of the roadway, rather than consolidated in one
area. If the zone district were split, there could be several complicating factor s for future development of the
western half. These factors include the addition of buffer standards required by 3.8.26, less orderly and logical
development of large lot single-family housing, and greater development challenges related to the construction
of Carriage Parkway and internal network of streets within the Industrially zone area.
Land acquisition by PSD for School District Campus. The final changed condition that warrants the rezone
is the sale of 12.44 acres of property for the Poudre School District Middle/High School campus, which is
currently under construction. The sale of the 12.44-acres precludes the original alignment of Carriage Parkway
(Attachment 9) because of their closed campus design. The design of the campus is an effort to limit access
for safety and management of the site. The conceptual realignment of Carriage Parkway is now pushed further
west and is anticipated to connect into East Prospect Road at the former Southeast Frontage Road
intersection.
14
Packet Pg. 118
Agenda Item 14
Item # 14 Page 4
3. Compatibility with Existing and Proposed Uses (Additional Consideration per LUC)
The greater 115-acres of NE Prospect & I-25 ODP are undeveloped. The rezone of the small portion of UE to I
matches the shift in Carriage Parkway alignment. The rezone of this area does not provide any g reater or
lesser compatibility with the existing residential and school uses in the area.
Future development of the industrially zoned land would be subject to the building and project compatibility
standards of the City’s Land Use Code. Those standards r equire that the physical and operational
characteristics (such as site layout, building, buffer and lighting design) of buildings and uses to ensure
compatibility with the residential properties to the north. Further, this area falls into the I-25 corridor overlay
district which requires a greater level of building and site design and landscaping than would otherwise be
required for commercial and industrial projects.
4. Adverse Impacts to the Natural Environment (Additional Consideration per LUC)
The site is currently used for dry-land farming and no natural habitat or features are involved within the rezone
area. It is not anticipated that the change in zoning or lighting context area would create any greater or lesser
impact to the natural environment, including, but not limited to, water, air, noise, stormwater, management,
wildlife, vegetation, wetlands, and natural functioning of the environment.
5. Logical and Orderly Development Pattern (Additional Consideration per LUC)
The proposed shift in the Industrial zone district boundary would result in a logical and orderly development
pattern by:
• Providing land use consistent with the zoning south and west of the rezone area.
• Using the Carriage Parkway, a two-lane collector street, as a logical zone district transition.
Lighting Context Area
On March 26, 2021, the City adopted new exterior lighting standards and established Lighting Context Areas
that correspond to the City’s zone districts. The property in its current Urban Estate zoning is in the LC1
lighting context area. The lighting context area corresponding to Industrial zoning and identified in Table 3.2.4 -
1 of the City’s lighting code is LC2. As part of this rezoning, staff recommends placement of the property into
the LC2 Lighting Context Area.
Residential Neighborhood Sign District
The residential sign district is intended to regulate signs for non-residential uses in certain geographical areas
of the City that may be particularly affected by such signs because of their predominately -residential use and
character. Staff is recommending removal of the property from the residential sign district and notes that
Division 3.9, Development Standards for the I-25 Corridor will provide stringent design standards for any future
development within this site.
BOARD / COMMISSION RECOMMENDATION
On May 20, 2021, at its regular meeting, the Planning and Zoning Commission voted unanimously (7 -0) to
approve the rezoning and placement into the LC2 Lighting Context Area and removal from the Residential
Neighborhood Sign District.
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi -judicial map
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. At the time of initial submittal, the project was not
seen as controversial, however, through subsequent communication with the surrounding neighborhoods both
staff and the applicant team determined that it would be appropriate. On June 14, 2021, staff hosted a meeting
to allow the applicant to share additional information and let community members list and discuss issues
related to the area. Issues discussed at the meeting include:
14
Packet Pg. 119
Agenda Item 14
Item # 14 Page 5
• The amount and type of traffic generated by future development of the 115-acre site.
• The need for traffic calming measures such as radar signs, speed tables, commercial truck restrictions,
and bulb-outs.
• Need for a park and future connectivity to the new Timnath Middle-High School at Prospect.
• Difference in traffic quantities between Urban Estate zoning and Industrial zoning (80 vs 120 trips per day).
• The need for a signalized Intersection at CR5 and E Mulberry to encourage a more equal distribution of
traffic between arterial and collector streets.
• Concerns about the frontage road being closed and the additional impacts it will have on cut -through
traffic.
• Types of development allowed in the Industrial zone district and ensuring compatibility of future
development with Fox Grove to the north.
ATTACHMENTS
1. Vicinity and Zoning Map (PDF)
2. Applicant Request (PDF)
3. Rezoning Legal Description (PDF)
4. Carriage Parkway Exhibit (PDF)
5. Amended Overall Development Plan (ODP) (PDF)
6. Galatia Background (PDF)
7. Original Zoning Exhibit (PDF)
8. Carriage Parkway (PDF)
9. School District Campus (PDF)
10. Planning and Zoning Commission Minutes (draft) (PDF)
14
Packet Pg. 120
9,028
1,504.7
Vicinity & Zoning Map
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.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Parcels
City Zoning
Community Commercial
Community Commercial North College
Community Commercial Poudre River
General Commercial
Limited Commercial
Service Commercial
CSU
Downtown
Employment
Harmony Corridor
Industrial
High Density Mixed-Use Neighborhood
Low Density Mixed-Use Neighborhood
Manufactured Housing
Medium Density Mixed-Use Neighborhood
Neighborhood Commercial
Neighborhood Conservation Buffer
Neighborhood Conservation Low Density
Neighborhood Conservation Medium Density
Public Open Lands
River Conservation
River Downtown Redevelopment
Residential Foothills
Low Density Residential
Rural Lands District
Transition
Urban Estate
ATTACHMENT 1
14.1
Packet Pg. 121 Attachment: Vicinity and Zoning Map (10389 : NE Prospect & I-25 Rezone)
NE I-25 & Prospect
Structure Plan Amendment & Rezone
Overview of Request
This is a request to rezone approximately 4.265-acres (“Rezone Property”). The Rezone Property is part
of a larger mixed-use project (“Project”). The Project is currently undeveloped and is in the northeast
corner of I-25 and E Prospect Rd. The Project has already an approved, City of Ft. Collins ODP, dated July
25, 2006 (Exhibit 1). Several changes have occurred to the Project and/or to adjoining properties which
warrant an Amendment to the 2006 existing ODP and rezoning of a portion of the UE (Urban Estate) to I
(Industrial).
This rezoning petition is one of three concurrent submittals to the COFC updating and reflecting changes
to the Project. Major changes occurring since 2006 include:
1.Reduction of Flood Plain through the Box Elder Authority.
2.Reduction in the size of the Project through CDOT eminent domain for expansions of I-25
and the Prospect Interchange.
3.Closure and abandonment of the Frontage Road by eminent domain procedures by CDOT in
2019.
4.Realignment of Carriage Parkway caused by the approval of the Fox Grove subdivision by
the COFC.
5.Reduction in the size of the Project through sale of 12.44 acres to the Poudre School District
for expanded uses in their Prospect Middle/High School campus.
While changes 1-3 influence the Project, they are more appropriately addressed in the Amendment and
Annexation Submittals offered concurrently to this rezone. Changes 4 and 5 pertain to this submittal
since they affect the Rezone Property.
A visual summary of Changes 4 and 5 can be seen in Exhibit 2 attached.
Change 4. As shown in the Exhibit 1, Carriage Parkway was to originally locate a transition area between
UE and Industrial zoning. Upon approval of the Fox Grove development the entry point of Carriage
Parkway onto the Project needed to moved east. This in turn necessitated a realignment of Carriage
Parkway if we were to abide by COFC road standards. Please note this illustrated roadway alignment
has been the subject of countless meetings and considerable discussion with COFC engineering and road
staff and has been approved by both. As a result of the eastward movement of Carriage Parkway, an
orphaned piece of UE is now located west of Carriage Parkway. Our proposed rezoning of this (Rezone
Property) reinstitutes Carriage Parkway as the transition between the two zoning types. Please note we
are not asking for new zoning to the Project, but rather it is to reestablish Carriage Parkway as the
delineator.
Change 5. Exhibit 2 illustrates the parcel that was sold to PSD allowing them access to Carriage
Parkway as was requested by Staff.
ATTACHMENT 2 14.2
Packet Pg. 122 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Exhibit 1:
(Current Approved ODP)
ATTACHMENT 2 14.2
Packet Pg. 123 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Exhibit 2:
(Current Zoning with Current Approved Carriage Parkway Alignment)
How is the proposed rezoning consistent with the City's Comprehensive Plan and I-25
Subarea Plan?
Consistent with the I-25 Subarea Plan (2003), the rezoning is consistent with the following:
Change 5. Sale of this parcel to the
Poudre School District Allowed their
direct connection to Carriage Parkway
Orphaned UE Parcel
Original Carriage Parkway Entry Point
ATTACHMENT 2 14.2
Packet Pg. 124 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Framework Plan
The proposed rezone shifts the boundary between the I zoning and UE zoning east approximatly 205’ to
the centerline of Carriage Parkway.
Area of Prospect & I-25
ODP Amendment
Area of Proposed Rezoning
ATTACHMENT 2 14.2
Packet Pg. 125 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Current Approved Carriage Parkway alignment bisecting current UE zone:
ATTACHMENT 2 14.2
Packet Pg. 126 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Current Carriage Parkway alignment with proposed UE/I zone boundary adjusted to match Carriage
Parkway alignment.
Principles and Policies
Land Use: Principle I-25-LU-1: This subarea will have a balance of residential, commercial, employment,
and civic land uses and facilities.
•The proposed boundary adjustment will have a negligible effect on the balance of residential,
commercial, employment and civil and uses and facilities.
Principle I-25-LU-3: Subarea employment and industrial districts will have a variety of business types and
sizes, and will be compatible with surrounding land uses.
ATTACHMENT 2 14.2
Packet Pg. 127 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
•This proposed boundary adjustment will better create compatibility with surrounding land uses
by eliminating the orphaned UE parcel and restoring Carriage Parkway as the boundary between
the two existing zoning areas.
Principle I-25-LU-3: Consistent with City Plan and the regional plan, this subarea’s residential
development will be located and designed to minimize noise and other related impacts from I-25.
•The proposed boundary adjustment will improve noise and other related impacts from I-25 as it
shifts residential uses approximately 205 ft. to the east away from I-25. Carriage parkway will be
the natural buffer between the I zoned parcel and the UE zoned parcel.
Principle I-25-T-1: Consistent with City Plan and the regional plan, the subarea’s transportation system
will include a network of local roadways appropriate to support land use activities, and will support the
findings and recommendations of the North Front Range Transportation Alternatives Feasibility Study.
•The proposed boundary adjustment will have no impact on planned roadways.
Principle I-25-CAD-1: The subarea’s community entryways via I-25 should be designed to create a sense
of place and a positive experience.
•The proposed boundary adjustment will have a negligible impact on the entryway experience
from I-25. Carriage Parkway will serve as the natural division between the I and UE uses along
this stretch of Carriage Parkway.
Principle I-25-CAD-2: Important view corridors for vistas of the mountains should be preserved and
emphasized by the arrangement and design of development.
•The proposed boundary adjustment will have a negligible impact on views of the mountains.
Principle I-25-HSG-1: This subarea will include a mix of new neighborhoods at different densities, to allow
for transitions between urban and rural development areas, and to provide housing opportunities for a
variety of income levels.
•The proposed boundary adjustment will have a negligible impact on housing varieties. Proposed
zoning matches existing with no change in densities proposed.
Principle I-25-NOL-1: This subarea will provide a balanced system of recreation facilities, parks, trails,
natural areas, and open lands.
•The proposed boundary adjustment will have a negligible impact on balance of recreational
facilities. Recreation facilities, parks and trails, natural areas and open lands.
ATTACHMENT 2 14.2
Packet Pg. 128 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Consistent with the City’s Comprehensive Plan (2019), the rezoning request is consistent with the
following:
Structure Plan
The proposed rezone shifts the boundary between the I zoning and UE zoning east approximatly 205’ to
the centerline of Carriage Parkway.
Area of Prospect & I-25
ODP Amendment
Area of Proposed Rezoning
ATTACHMENT 2 14.2
Packet Pg. 129 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Area being rezoned is highlighted in purple below. The dark orange road alignment for Carriage
Parkway has been realigned by the City of Fort Collins as indicated by the bright orange alignment.
Neighborhood Livability and Social Health
Principle LIV 1: Maintain a compact pattern of growth that is well-served by public facilities and
encourages the efficient use of land.
• This rezone will create cohesive zoning within the existing pattern and improve the efficient use
of the land by preserving continuity of use on each side of Carriage Parkway.
Principle LIV 4: Enhance neighborhood livability.
• Providing a cohesive area of I zoned land west of Carriage Parkway and Cohesive UE zoned
land east of Carriage Parkway will allow for enhanced neighborhood livability by keeping like
uses conjoined and not fragmented.
ATTACHMENT 2 14.2
Packet Pg. 130 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Culture & Recreation
Principle CR 1: Build Fort Collins’ identity as a thriving cultural and creative destination by supporting an
inclusive and equitable arts, culture and creative community.
•The zoning boundary adjustment will have a negligible effect on the culture and recreation
aspects as the zoning types are not being changed.
Economic Health
Principle EH 4: Ensure an adequate and competitive supply of space and/or land is available to support
the needs of businesses and employers of all sizes.
•This rezoning will provide a cohesive developable area of land for I – Industrial zoning west of
Carriage Parkway and cohesive developable land zoned UE – Urban Estate east of Carriage
Parkway. This rezoning will provide developable land of an adequate size and competitive
supply of space and/or land available to support the needs for businesses and employers of a
variety of sizes.
Environmental Health
Principle ENV 1: Conserve, create and enhance ecosystems and natural spaces within Fort Collins, the
GMA and the region.
•The proposed amendment will not result in significant adverse impacts on the natural
environment, including, but not limited to, water, air, noise, stormwater management, wildlife,
vegetation, wetlands and the natural functioning of the environment. The existing zoning
boundary between I and UE is proposed to shift to coincide with the centerline of Carriage
Parkway having little to no impact on existing ecosystems and natural spaces above and beyond
what would be expected under the current zoning of the subject area.
Safe Community
Principle SC 5: Provide opportunities for residents to lead healthy and active lifestyles.
•This rezoning will provide a cohesive developable area of land that will provide opportunities for
residents to lead healthy and active lifestyles by separating dissimilar uses by the natura buffer
provided by the Carriage Parkway.
Transportation
Principle T 1: Coordinate transportation plans, management and investments with land use plans and
decisions.
•This proposed adjustment to the zone boundary is responding the City’s approved alignment to
Carriage Parkway. The boundary realignment will have a negligible impact on transportation.
High Performing Community
Principle HI 1: Be a model for equitable, effective and transparent local governance.
•The proposed boundary realignment will have a negligible effect on equitable, effective and
transparent local governance as no new zoning is being proposed.
ATTACHMENT 2 14.2
Packet Pg. 131 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Why the proposed rezone is warranted by changed conditions within the neighborhood
surrounding and including the subject property:
The previous alignment of Carriage Parkway was the natural boundary between the UE and I zoned
parcels. The current approved Carriage Parkway aliment bisects the UE zoning creating an orphaned UE
parcel west of Carriage parkway. The proposed boundary shift re-orients the boundary to align with the
newly approved an partially constructed Carriage Parkway.
How the proposed amendment is compatible with existing and proposed uses
surrounding the subject land and is the appropriate zone district for the land:
No new zoning is proposed. The boundary shift relates directly to the shift of Carriage parkway. The
adjacent zones are not affected by the change. Fox Gove to the north is zoned LMN and is currently
bound to the south by I and UE zoning which will not change with this proposal. The zoning to the east is
Orphaned UE Parcel
I Zoned Parcel
UE Zoned
Parcel
LMN Zoned Parcel
Fox Grove
Prospect Road I-25ATTACHMENT 2 14.2
Packet Pg. 132 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Larimer County FA1 and is currently bound to the west by UE zoning which will not change with this
proposal.
How the proposed amendment would not result in significantly adverse impacts on the
natural environment, including, but not limited to, water, air, noise, stormwater
management, wildlife, vegetation, wetlands and the natural functioning of the
environment.
This proposed boundary alignment shifts the I/UE boundary east approximately 205 ft. east and is a
direct reaction to the city’s relocation of Carriage Parkway. The intent is not based on a desire of the
client to increase the overall size of the I zoned area. I zoned uses are subject to the requirements of
the land use code and applicable jurisdictions and will be subject to the natural environment protections
requirements as applicable at time of development.
How does the extent of the proposed amendment results in a logical and orderly
development pattern?
This proposed boundary alignment shifts the I/UE boundary east approximately 205 ft. east and is a
direct reaction to the city’s relocation of Carriage Parkway. See change in Carriage Parkway below in
orange. The subject area is indicated in purple.
ATTACHMENT 2 14.2
Packet Pg. 133 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Proposed rezoning requested with this application:
I Zoned Parcel UE Zoned
Parcel
Prospect Road I-25ATTACHMENT 2 14.2
Packet Pg. 134 Attachment: Applicant Request (10389 : NE Prospect & I-25 Rezone)
Legal Description
Prospect and I-25 ODP Amendment – I/UE Zone Interface
Legal Description Page 1 of 1
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15; THENCE N89°35’57”W
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF
406.91 FEET TO THE POINT OF BEGINNING;
THENCE S00°14’11”W, A DISTANCE OF 484.52 FEET TO A POINT OF NON-TANGENT CURVATURE;
THENCE 526.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 50º14'07“ AND WHOSE CHORD BEARS S25º13'27'W, A
DISTANCE OF 509.37 FEET TO A POINT REVERSE CURVATURE;
THENCE 244.13’ ALONG THE ARC OF A REVERSE CURVE, HAVING A RADIUS OF 421.12 FEET, A
CENTRAL ANGLE 33°12’57”, AND WHOSE CHORD BEARS N32°15’50”W, A DISTANCE OF 240.73 FEET;
THENCE N44°59’14”E, A DISTANCE OF 198.64 FEET;
THENCE N00°14’11”E, A DISTANCE OF 602.71 FEET TO A POINT ON THE NORTH LINE OF SAID
SOUTHWEST QUARTER OF SECTION 15;
THENCE S89°35’57”E ALONG SAID NORTH LINE, A DISTANCE OF 204.67 FEET TO THE POINT OF
BEGINNING;
CONTAINING 185,803 SQUARE FEET, 4.265 ACRES MORE OR LESS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE NORTH LINE OF
THE SOUTHWEST QUARTER OF SECTION 15, T7N, R68W, 6TH PM BEING S89°35’57”E. THE W 1/4
CORNER IS A FOUND 3 1/4” ALUMINUM CAP STAMPED RBD LS17483 AND THE CENTER 1/4 CORNER
IS A FOUND 3 1/4" ALUMINUM CAP STAMPED JR ENG LS24307.
ATTACHMENT 3 14.3
Packet Pg. 135 Attachment: Rezoning Legal Description (10389 : NE Prospect & I-25 Rezone)
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/ / / / / / / // / / / / / / // / / / / / / // / / / / / / /R600'
±449'
R600'±918'±485'FOX GROVE
CARRI
A
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P
A
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K
W
A
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CONNECT TO
EXISTING ROAD
INTERSTATE 25PROSPECT ROAD
WHITE
PROPERTY
PSD
PROPERTY
84' ROW
CONNECTOR
LOCAL STREET
MODIFIED MINOR
COLLECTOR STREET
84' ROW
26' ℄-
52' -
2% MIN.
26' ℄-
15' UTILITY
EASEMENT
4:1 MAX
4:1 M
A
X
6'10'
PKWY.
30" VERTICAL CURB
AND GUTTER
SIDEWALK12' CENTER LANE12' TRAVEL LANE12' TRAVEL LANE15' UTILITY
EASEMENT
4:1 MA
X
4:1 MAX
6'10'
PKWY.
SIDEWALK 8' BIKE LANE8' BIKE LANEE N G I N E E R N GI
EHTRON RN CONCEPTUAL ALIGNMENT
CARRIAGE PARKWAY
JANUARY 11, 2019 FORT COLLINS, CO
WHITE PROPERTY
D:\PROJECTS\1489-001\DWG\EXHIBITS\CARRIAGE PKWY ALIGNMENT EXHIBIT.DWG
( IN FEET )
0
1 INCH = 500 FEET
500 500
MODIFIED MINOR COLLECTOR
ATTACHMENT 4
14.4
Packet Pg. 136 Attachment: Carriage Parkway Exhibit (10389 : NE Prospect & I-25 Rezone)
ICGUELMNCGCGCGEUELMNLMNUEEPOLM1FA1FA1FA1CCOUNTY ROAD 5INTERSTATE 25EPROSPECT RDMULBERRY ROAD/ HIGHWAY 14PROJECTSITEIAPPROXIMATE LOCATIONOF STREET CONNECTIONNATURAL HABITAT BUFFER ZONEAPPROXIMATE LOCATION OFBICYCLE/PEDESTRIAN TRAILWIDTH AS REQUIRED BY THECITY OF FORT COLLINSTRAILS MASTERPLANAPPROXIMATE LOCATIONOF TRAIL CONNECTIONLAND USE AREA BOUNDARYFORT COLLINS I-25 SUBAREAPLAN "ACTIVITY ZONE"ODP BOUNDARY /PROPERTY LINEPUBLIC STREETWITH BICYCLE LANES ASREQUIRED BY LCUASSAPPROXIMATE LOCATIONOF BUS / TRANSIT STOPPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYUEHIGH SCHOOL SITECGFORT COLLINS/I-25INTERCHANGECORNER LLCCGPARADIGMPROPERTIESIINDUSTRIAL± 73.48 ACRESCGIINTERSTATE 25CARRIAGE PARKWAY(COLLECTOR)PROPERTY BOUNDARYIINDUSTRIAL± 6.09 ACRESLARIMER COUNTY FA1KITCHELL SUBDIVISION16 D.U.80 AC5 AC/D.U.UEIUEPROPERTY BOUNDARY UELMNCLYDESDALE216 D.U.80 AC2.7 D.U./ACM1WATERDALELARIMER COUNTY 17637 AC4.75 D.U./ACBOXELDER CREEKEFORT COLLINS/I-25INTERCHANGECORNER LLCCLARIMERCOUNTYCG1303FRONTAGEHOLDINGSLLCPROSPECT ROAD/ LARIMER COUNTY ROAD #44 (ARTERIAL)PROPERTY BOUNDARY460’ – 660’INTERCHANGE STYLE(50' SETBACK ZONE)PROSPECT GATEWAY STYLE(50' SETBACK ZONE)EXISTING CACHE LAPOUDRE RESERVOIR INLET(50' NATURAL HABITATBUFFER ZONE)EXISTING APPARENTLAKE CANAL CO, DITCH(50' NATURAL HABITATBUFFER ZONE)CONCEPTUAL STREET CONNECTIONSAS REQUIRED BY LUC 3.6.3(F), TYPFOXGROVE TRAILCONNECTIONEXISTING GREELEYWATER EASEMENTPOTENTIAL TRAIL CONNECTIONTO PROPOSED SCHOOL SITEFULL MOVEMENT ACCESS INTERSECTIONFULL MOVEMENT ACCESS INTERSECTIONEXISTING BOXELDER CREEK BUFFER ZONEFLOODWAYFORMER FRONTAGEROAD ALIGNMENT(R.O.W. DEVOLVED BY CDOT)80' I-25 LANDSCAPE BUFFER80' I-25 LANDSCAPE BUFFERFORMER I/UEZONING BOUNDARY100 YEAR FLOODPLAIN50' SETBACK ZONE50' SETBACK ZONEEROSION BUFFER LIMITSPOTENTIALFUTURE TRAILUNDERPASSAMENDED I/UEZONING BOUNDARYCGCOMMERCIAL± 26.42 ACRES(10 AC. MAX BLOCK SIZE)CARRIAGEPARKWAY(ARTERIAL)LMNFOX GROVEFOXGROVE TRAIL1,320 FT. OFFSET FROMCENTERLINE OF I-25PHASE 1PHASE 1PHASE 2PHASE 2PHASE 2PHASE 3FULL MOVEMENT ACCESSSIGNALIZED INTERSECTIONI-25 SUBAREA BOUNDARYI-25 SUBAREA BOUNDARYUEURBANESTATE± 9.49ACRESProspect/I-25 ODP First AmendmentNORTH0100' 200' 400'1603 Oakridge Drive, Suite 100Fort Collins, CO 80525970-223-7577SHEET 1 OF 2APRIL 7, 2021REVISIONS:DATE:____________________________ __________________________________________ __________________________________________ __________________________________________ ______________1. LAND USES AND DENSITIES DEPICTED ON THIS OVERALL DEVELOPMENT PLAN REPRESENT DEVELOPMENT INTENTIONS AT THIS TIME, HOWEVER, THE APPLICANT RESERVES THERIGHT TO CHANGE LAND USES AND/OR DENSITIES IN THE FUTURE CONSISTENT WITH THE I, CG, AND U-E ZONING DISTRICTS. ANY ADDITIONAL LAND USES NOT ALLOWED IN THEAPPLICABLE ZONE DISTRICT MUST BE APPROVED ACCORDING TO THE CRITERIA AS SET FORTH BY THE CITY OF FORT COLLINS.2. LAND USE AREAS ARE DESIGNATED ON THIS OVERALL DEVELOPMENT PLANS ARE APPROXIMATE.3. PUBLIC STREETS WILL BE DESIGNED TO THE "LARIMER COUNTY URBAN AREA STREET STANDARDS". THE ACCESS POINTS SHOWN ON THIS ODP ARE APPROXIMATE LOCATIONS ONLY.PRECISE LOCATIONS OF ACCESS POINTS WILL BE DETERMINED AT THE TIME OF SITE SPECIFIC PROJECT DEVELOPMENT PLANS.4. THE APPLICANT WILL WORK WITH THE CITY AND CDOT WITH RESPECT TO TRANSPORTATION IMPROVEMENTS IN THE AREA.5. OFF-SITE IMPROVEMENTS MAY BE REQUIRED AT THE TIME OF SITE SPECIFIC PROJECT DEVELOPMENT PLANS IN ORDER TO MEET LEVEL OF SERVICE FOR ALL MODES OFTRANSPORTATION.6. SIGHT DISTANCE EASEMENTS MAY BE REQUIRED ALONG THE PUBLIC ROADWAYS AT THE TIME OF SITE SPECIFIC PROJECT DEVELOPMENT PLANS.7. PER LUC SECTION 3.7.3(E)(1), ALL TRANSPORTATION, WATER AND WASTEWATER, STORM DRAINAGE, EMERGENCY SERVICES, AND ELECTRIC POWER FACILITIES SHALL MEET THEMINIMUM REQUIREMENTS FOR ADEQUATE PUBLIC FACILITIES AT THE TIME OF SITE SPECIFIC PROJECT DEVELOPMENT PLANS.8. NO DRIVEWAY ACCESS WILL BE ALLOWED ON PROSPECT ROAD.9. THIS OVERALL DEVELOPMENT PLAN SHOWS THE GENERAL LOCATION AND APPROXIMATE SIZE OF ALL NATURAL AREAS, HABITATS, AND FEATURES WITHIN ITS BOUNDARIES AND THEPROPOSED ROUGH ESTIMATE OF THE NATURAL AREA BUFFER ZONE AS REQUIRED BY LAND USE CODE 3.4.1(E). DETAILED MAPPING OF A SITE'S NATURAL AREAS, HABITATS, ANDFEATURES WILL BE PROVIDED AT THE TIME OF INDIVIDUAL PDP SUBMITTALS. GENERAL BUFFER ZONES SHOWN ON THIS ODP MAY BE REDUCED OR ENLARGED BY THE DECISIONMAKER DURING THE PDP PROCESS.10. ALL DEVELOPMENT THAT FALLS WITHIN THE PLANNING AREA FOR THE PROSPECT ROAD STREETSCAPE PROGRAM SHALL COMPLY WITH THE STREETSCAPE PROGRAM STANDARDS ASADOPTED BY THE CITY.11. DEVELOPMENT LOCATED WITHIN ONE THOUSAND THREE HUNDRED TWENTY (1,320) FEET (ONE_QUARTER [¼] MILE) OF THE CENTERLINE OF I_25 SHALL BE SUBJECT TO THEREQUIREMENTS OF DIVISION 3.9 OF THE CITY OF FORT COLLINS LAND USE CODE.12. NATURAL HABITAT BUFFER ZONE: PLEASE SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE NATURAL HABITAT BUFFER ZONES.13. THE DEVELOPER SHALL OBTAIN A FLOODPLAIN USE PERMIT FROM THE CITY OF FORT COLLINS AND PAY ALL APPLICABLE FLOODPLAIN USE PERMIT FEES PRIOR TO COMMENCING ANYCONSTRUCTION ACTIVITY (BUILDING OF STRUCTURES, GRADING, FILL, DETENTION PONDS, TRAILS, UTILITIES, LANDSCAPED AREAS, FLOOD CONTROL CHANNELS, ETC.) WITHIN THEBOXELDER CREEK FLOODPLAIN LIMITS. ALL ACTIVITIES WITHIN THE FLOODPLAIN ARE SUBJECT TO THE REQUIREMENTS OF CHAPTER 10 OF THE FORT COLLINS MUNICIPAL CODE.14. CONSTRUCTION OF NEW STRUCTURES, HARD SURFACE PATHS, WALKWAYS, WALLS, AND TRAILS IS PROHIBITED IN THE FLOODWAY UNLESS NO-RISE CONDITIONS ARE MET, PERSECTION 10-45 OF CITY CODE. ANY CONSTRUCTION ACTIVITIES IN THE REGULATORY FLOODWAY MUST ALSO INCLUDE A NO-RISE CERTIFICATION PREPARED BY A PROFESSIONALENGINEER LICENSED IN COLORADO.15. STORAGE OF EQUIPMENT AND MATERIALS (TEMPORARY OR PERMANENT) IS NOT ALLOWED IN THE FLOODWAY.16. ANY DISTURBANCE TO THE MAPPED EROSION BUFFER WILL REQUIRE A STABILITY STUDY.NOTESVICINITY MAPLEGENDLAND USE BREAKDOWNPARCELLAND USE PHASE PERCENT OF TOTAL SITE AREACGCOMMERCIAL PHASE 123%+/- 26.42 ACIINDUSTRIAL PHASE 269%+/- 79.57 ACUEURBAN ESTATE PHASE 38%+/- 9.49 ACTOTALS115.48 ACATTACHMENT 614.5Packet Pg. 137Attachment: Amended Overall Development Plan (ODP) (10389 : NE Prospect & I-25 Rezone)
1603 Oakridge Drive, Suite 100Fort Collins, CO 80525970-223-7577SHEET 2 OF 2APRIL 7, 2021REVISIONS:DATE:____________________________ __________________________________________ __________________________________________ __________________________________________ ______________Secretary of the Planning and Zoning BoardPLANNING & ZONING CERTIFICATEAPPROVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS, COLORADOON THIS _____ DAY OF ______________, 20___. 20DATETHE UNDERSIGNED DOES/DO HEREBY CERTIFY THAT I/WE ARE THE LAWFUL OWNERS OF THEREAL PROPERTY DESCRIBED ON THIS SITE PLAN AND DO HEREBY CERTIFY THAT I/WEACCEPT THE CONDITIONS AND RESTRICTIONS SET FORTH ON SAID OVERALL DEVELOPMENT PLAN.WITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSOWNER'S CERTIFICATIONMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)Eric S. WhiteA.D., BYTHISDAY OFBY:20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: NEW DIRECTION IRA, INC. FBO BARBARA ANN MEDINA IRA20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: M. Jennet White20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: CW SUNTRUST20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: Christopher D. White20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: BOOREN LIMITED LIABILITY LIMITED PARTNERSHIIP20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: DUNKIN LIMITED LIABILITY LIMITED PARTNERSHIP20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)Robert C. Roth, Jr.A.D., BYTHISDAY OFBY:20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY:20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY: Daniel A. White20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY:Robert B. TaylorJane E. White20DATEWITNESS MY HAND AND OFFICIAL SEAL.NOTARY PUBLICADDRESSMY COMMISSION EXPIRES:THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MEAS.(PRINT NAME)A.D., BYTHISDAY OFBY:Laura Snortland FairfieldProspect/I-25 ODP First AmendmentITEM 3, ATTACHMENT 614.5Packet Pg. 138Attachment: Amended Overall Development Plan (ODP) (10389 : NE Prospect & I-25 Rezone)
ATTACHMENT 614.6Packet Pg. 139Attachment: Galatia Background (10389 : NE Prospect & I-25 Rezone)
ATTACHMENT 714.7Packet Pg. 140Attachment: Original Zoning Exhibit (10389 : NE Prospect & I-25 Rezone)
ATTACHMENT 8 14.8
Packet Pg. 141 Attachment: Carriage Parkway (10389 : NE Prospect & I-25 Rezone)
ATTACHMENT 9 14.9
Packet Pg. 142 Attachment: School District Campus (10389 : NE Prospect & I-25 Rezone)
Michelle Haefele, Chair Virtual Hearing
Ted Shepard, Vice Chair City Council Chambers
Jeff Hansen 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
David Katz
Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion &
Channels 14 & 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (TDD 224-
6001) for assistance.
Regular Hearing
May 20, 2021
Chair Haefele called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard
Absent: None
3.NE Prospect & I-25 Rezone
Project Description: This is a request to rezone 4.625-acres in the northeast quadrant of the I-25 and East Prospect
Road interchange (parcel #8715000009). The site is currently zoned Urban Estate (UE), and the request is for
placement into the Industrial (I) zone district.
Recommendation: Approval
Secretary Manno reported that there were no citizen emails or letter received.
Staff and Applicant Presentations
Planner Kleer gave a brief verbal/visual overview of this item.
Roger Sherman, BHA Design, Inc. gave a brief verbal/visual overview of this item.
Planning and Zoning
Commission Minutes
ATTACHMENT 10 14.10
Packet Pg. 143 Attachment: Planning and Zoning Commission Minutes (draft) (10389 : NE Prospect & I-25 Rezone)
Planning & Zoning Commission
May 20, 2021
Page 2 of 2
Public Input (3 minutes per person)
Josh R, resident, he is concerned that is does increase industrial access to Carriage Parkway and close to homes
on the street. He prefers that it stay in its current condition or zoning.
Joan Sayer, resident, asked why anyone would want to put more commercial and industrial next to a subdivision
like Fox Grove. She does not know what industrial and commercial entails. Does it mean manufacturing plants, oil
wells, etc.? How about making the 4-acres open space, has this been considered?
Kathleen Schmidtke, she mentioned that they are ok and that it makes sense for this rezoning to happen. The
Whites have been exceptional neighbors.
Scott McDonald, resident, he is concerned with the traffic going north from Fox Grove and the light industrial traffic.
How much more traffic does the light industrial create compared to residential? He understands that the Whites
would like to start developing, and he would like for them to start from the south so that the traffic they create from
their development would go out southward more than through the residential area. He appreciates that this is being
considered.
Staff Response
Planner Kleer responded to Josh R. Based on the roadway standards under 3.6, typically access is required at no
greater than 660’ along a collector street. The 74-acers would still have that similar access to Carriage Parkway as
if it were rezoned or left urban estate. It is intended to be a place where manufacturing, warehousing,
indoor/outdoor storage, and secondary uses are permitted in the zone district. This may be unlikely with this
development. Ruth Rollings responded to Scott McDonald. The urban estate will generate roughly 80 daily trips
and the industrial will generate roughly 120 daily trips. These volumes from an engineering standpoint are low. The
AM peak hour trips from the urban estates would be roughly 6 and the AM peak hour trips for industrial will be 14.
The PM peak hour trips for urban estate would be 8 and industrial would be 14.
Commission Questions / Deliberation
Vice Chair Shepard asked Planner Kleer if by using streets and property lines to demarcate different zone districts.
Planner Kleer responded that is the typical practice.
Vice Chair Shepard commented that he apricated the public comment and that they should attend the neighborhood
meetings when they start.
Commissioner Hansen commented that there was a question from the public about this space being kept or made
open space. Rick White responded that the land uses are interesting. It is too premature at this point to answer this
question.
Commissioner Katz made a motion that the Fort Collins Planning and Zoning Commission recommend to City
Council the approval of NE Prospect & I-25 Rezone REZ210001 and place it into the LC2 lighting context area
and removal from the residential sign district. This recommendation is based on the agenda material, the
work session, the staff presentation, and discussion of the Commission. Commissioner Hansen seconded.
Vote 6:0
14.10
Packet Pg. 144 Attachment: Planning and Zoning Commission Minutes (draft) (10389 : NE Prospect & I-25 Rezone)
-1-
ORDINANCE NO. 090, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY
KNOWN AS THE NORTHEAST PROSPECT & I-25 REZONING AND MAKING
CORRESPONDING CHANGES TO THE LIGHTING CONTEXT AREA MAP AND
RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”)
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, the City Council has determined that the proposed rezoning is warranted by
changed conditions within the neighborhood surrounding and including the subject property
consisting of the development of the adjacent Poudre School District property for a middle/high
school and the construction of the Fox Grove subdivision to the north and the associated
realignment of Carriage Parkway that ends at the northern boundary of the area to be rezoned;
and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code;
and
WHEREAS the City Council has conducted a public hearing, considered the Staff
Report, the Planning and Zoning Commission recommendation and the findings, and the
evidence from the public hearing and, in accordance with the foregoing, has determined that said
property described below should be rezoned as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
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 adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from Urban Estate (“U-E”) Zone District
to Industrial (“I”) Zone District, for the following described property in the City known as the
Northeast Prospect & I-25 Rezoning:
A PARCEL OF LAND BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Packet Pg. 145
-2-
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION
15; THENCE N89°35’57”W ALONG THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 406.91
FEET TO THE POINT OF BEGINNING;
THENCE S00°14’11”W, A DISTANCE OF 484.52 FEET TO A POINT OF
NON-TANGENT CURVATURE;
THENCE 526.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE
TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL
ANGLE OF 50º14'07“ AND WHOSE CHORD BEARS S25º13'27'W, A
DISTANCE OF 509.37 FEET TO A POINT REVERSE CURVATURE;
THENCE 244.13’ ALONG THE ARC OF A REVERSE CURVE, HAVING A
RADIUS OF 421.12 FEET, A CENTRAL ANGLE 33°12’57”, AND WHOSE
CHORD BEARS N32°15’50”W, A DISTANCE OF 240.73 FEET;
THENCE N44°59’14”E, A DISTANCE OF 198.64 FEET;
THENCE N00°14’11”E, A DISTANCE OF 602.71 FEET TO A POINT ON THE
NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 15;
THENCE S89°35’57”E ALONG SAID NORTH LINE, A DISTANCE OF
204.67 FEET TO THE POINT OF BEGINNING;
CONTAINING 185,803 SQUARE FEET, 4.265 ACRES MORE OR LESS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION
THAT THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION
15, T7N, R68W, 6TH PM BEING S89°35’57”E. THE W 1/4 CORNER IS A
FOUND 3 1/4” ALUMINUM CAP STAMPED RBD LS17483 AND THE
CENTER 1/4 CORNER IS A FOUND 3 1/4" ALUMINUM CAP STAMPED JR
ENG LS24307.
Section 3. That the Residential Neighborhood Sign District Map adopted pursuant to
Section 3.8.7.1(M)of the Land Use Code be, and the same hereby is, changed and amended by
showing that the above-described property is not included in the Residential Neighborhood Sign
District.
Section 4. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H)
of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing
that the property described herein is included in the LC2 Lighting Context Area.
Section 5. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Packet Pg. 146
-3-
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 147
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Travis Storin, Chief Finance Officer
Matt Robenalt, DDA Executive Director
Kristy Klenk, DDA Financial Coordinator
John Duval, Legal
SUBJECT
Resolution 2021-072 Approving the 2021 Certification to the Larimer County Assessor Pursuant to Colorado
Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax
Increment.
EXECUTIVE SUMMARY
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment from
the 2021 property taxes payable in 2022 to the City and to all other affected taxing entities.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2008, the Fort Collins, Colorado Downtown Development Authority (“DDA”) was in the final ten years of its
original 30-year period (the “Original TIF Term”) during which property tax increment funds (“TIF”) could be
allocated to and, when collected, paid to the City for deposit into a special fund to be used for DDA projects as
provided in Colorado Revised Statues (“C.R.S.”) Section 31-25-807(3)(a)(II) (“TIF Fund”). Pursuant to C.R.S.
Section 31-25-807(3)(a)(IV), in the final ten years of the Original TIF Term, Council had the authority to extend
by ordinance such term by one additional 20-year period (the “TIF Extension Period”), provided that:
(i) on the first day of the TIF Extension Period, the established base year for the allocation of property taxes is
advanced by ten years, and
(ii) upon the completion of the first ten years of the TIF Extension period, the base is advanced by one year
for every additional year through the final ten years. Also, under C.R.S. Section 31-25-807(3)(a)(IV)(B),
Council had the authority to allocate more than 50% of property taxes levied by the City to be allocated
and paid into the TIF Fund.
On July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA Resolution”), recommending to
Council:
(i) approval of the TIF Extension Period, and
(ii) the allocation of 100% of the City’s property tax increment into the TIF Fund (the 100% City TIF
Allocation).
15
Packet Pg. 148
Agenda Item 15
Item # 15 Page 2
On September 2, 2008, Council adopted Ordinance No. 101, 2008, (the “2008 Ordinance”) approving the TIF
Extension Period and, consistent with the August 19, 2008, Agenda Item Summary accompanying such
ordinance and the DDA Resolution, approved the 100% City TIF Allocation. Also, on February 15, 2011,
Council, as the ex-officio Board of Directors of General Improvement District No. 1 (“GID Board”), adopted
Ordinance No. 060 (the “2011 GID Ordinance”) allocating 100% of the tax increment revenue from the Fort
Collins General Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period, with
the seventh recital of the 2011 GID Ordinance confirming that the 2008 Ordinance had approved the 100%
City TIF Allocation.
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification to the Larimer County Assessor is
required by August 1 of each calendar year, which certification needs to include the allocations of tax
increment for that year of all affected taxing entities, including the City. The proposed Resolution reaffirms
Council’s previous actions in the 2008 Ordinance, acknowledges the actions taken as the GID Board in the
2011 GID Ordinance, and provides the Assessor with Council’s 2021 certification pursuant to C.R.S. Section
31-25-807(3)(a)(IV)(B). It also directs the City’s Financial Officer to provide this certification to the Assessor by
August 1, 2021.
CITY FINANCIAL IMPACTS
There are no changes in the financial or economic impacts to the City as they currently exist.
15
Packet Pg. 149
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RESOLUTION 2021-072
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE 2021 CERTIFICATION TO THE LARIMER COUNTY
ASSESSOR PURSUANT TO COLORADO REVISED STATUTES
SECTION 31-25-807(3)(a)(IV)(B) FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY PROPERTY TAX INCREMENT
WHEREAS, in 2008, the Fort Collins, Colorado Downtown Development Authority
(“DDA”) was in the final ten years of its original 30-year period (“Original TIF Term”) during
which property tax increment funds (“TIF”) could be allocated to and, when collected, paid to
the City of Fort Collins (“City”) for deposit into a special fund to be used for DDA projects, as
provided in Colorado Revised Statutes (“C.R.S.”) Section 31-25-807(3)(a)(II) (“TIF Fund”); and
WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV), in the final ten years of the
Original TIF Term, the Fort Collins City Council had the authority to extend by ordinance such
term by one additional 20-year period (the “TIF Extension Period”), provided that (i) on the first
day of the TIF Extension Period the established base year for the allocation of property taxes is
advanced by ten years, and (ii) upon the completion of the first ten years of the TIF Extension
period, the base is advanced by one year for every additional year through the final ten years; and
WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), the City Council also
had and continues to have the authority to commit more than 50% of the property taxes levied by
the City to be allocated and paid into the TIF Fund; and
WHEREAS, on July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA
Resolution”) recommending to the City Council (i) approval of the TIF Extension Period, and
(ii) the allocation of 100% of the City’s property tax increment into the TIF Fund (the “100%
City TIF Allocation”); and
WHEREAS, on September 2, 2008, the City Council adopted Ordinance No. 101, 2008
(the “2008 Ordinance”) approving the TIF Extension Period and, consistent with the August 19,
2008 Agenda Item Summary accompanying such ordinance and the DDA Resolution, approved
the 100% City TIF Allocation; and
WHEREAS, on February 15, 2011, the City Council, as the ex-officio Board of Directors
of General Improvement District No. 1 (“GID Board”), adopted Ordinance No. 060 (“2011 GID
Ordinance”) allocating 100% of the tax increment revenue from the Fort Collins General
Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period, with
the seventh recital of the 2011 GID Ordinance confirming that the 2008 Ordinance had approved
the 100% City TIF Allocation; and
WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification
to the Larimer County Assessor (“Assessor”) is required by August 1 of each calendar year,
which certification needs to include the allocations of tax increment for that year of all affected
taxing entities, including the City; and
Packet Pg. 150
-2-
WHEREAS, the purposes of this Resolution are to reaffirm the Council’s previous
actions in the 2008 Ordinance, to acknowledge the actions it took as the GID Board in the 2011
GID Ordinance, and to provide the Assessor with the City Council’s 2021 certification pursuant
to C.R.S. Section 31-25-807(3)(a)(IV)(B).
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 reaffirms its previous actions in the 2008
Ordinance, acknowledges the actions it took as the GID Board in the 2011 GID Ordinance, and
certifies to the Assessor, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), that for 2021
property taxes payable in 2022, the City and the Fort Collins General Improvement District No.
1 continue to allocate 100% of their available property tax increment from their mill levies to the
DDA tax increment fund, but that all other affected taxing entities are allocating only 50% of
their property tax increment, and directs the City’s Financial Officer to provide this certification
to the Assessor by August 1, 2021.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of July, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 151
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kyle Stannert, Deputy City Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2021-073 Approving the Appointment of Tammi Pusheck as Interim City Clerk Effective as of June
28, 2021.
EXECUTIVE SUMMARY
The purpose of this item is to appoint Tammi Pusheck as Interim City Clerk following the resignation of City
Clerk Delynn Coldiron.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
City Clerk Delynn Coldiron resigned her position effective 5:00 p.m on June 11, 2021. The recruitment and
selection process to replace Ms. Coldiron is expected to take several months, and the appointment of an
Interim City Clerk is necessary to carry on the responsibilities of the City Clerk.
Following an internal recruitment to identify a qualified Interim City Clerk, City Manager Atteberry has
appointed Tammi Pusheck, effective June 28, 2021. Pursuant to Article II, Section 12 of the City Charter,
such appointment requires the approval of Council. The proposed Resolution provides that Council approval
of this appointment is to be effective June 28, 2021.
16
Packet Pg. 152
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RESOLUTION 2021-073
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE APPOINTMENT OF TAMMI PUSHECK AS
INTERIM CITY CLERK EFFECTIVE AS OF JUNE 28, 2021
WHEREAS, after over thirty years of dedicated service to the City, City Clerk Delynn
Coldiron has resigned her position effective June 11, 2021; and
WHEREAS, Article II, Section 12 of the City Charter provides that the City Manager
shall appoint a City Clerk with the approval of the City Council; and
WHEREAS, after conducting an internal search for Interim City Clerk candidates, the
City Manager selected Chief Privacy Officer/Records Manager Tammi Pusheck to serve in the
role of Interim City Clerk, effective as of June 28, 2021, until a full search and selection process
for the next City Clerk has been completed; and
WHEREAS, commencing as of June 28, 2021, and up to the effective date and time of
this Resolution, Tammi Pusheck has taken official actions as Interim City Clerk; and
WHEREAS, the City Manager recommends City Council’s approval of this appointment
and that Council also confirm and ratify all official actions taken by Tammi Pusheck as Interim
City Clerk commencing on June 28, 2021, and up to the effective date and time of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby approves the appointment of Tammi
Pusheck as Interim City Clerk, effective as of June 28, 2021, and until such time as a new City
Clerk is appointed and approved as provided in Article II, Section 12 of the City Charter.
Section 2. That, in approving this appointment effective as of June 28, 2021, the City
Council intends to and does hereby confirm and ratify all official actions taken by Tammi
Pusheck as Interim City Clerk from the time of her appointment up to the effective date and time
of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of July A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 153
July 6, 2021
West Nile Virus –A Community Report
Tom Gonzales, Larimer County Public Health Director
STAFF INFORMATION REPORT A
Packet Pg. 154 Attachment: WEst Nile Community Report (10448 : Staff
West Nile Virus Program
2
PROGRAM GOAL
Larimer County and the City of Fort Collins collaborate to reduce the risk
of West Nile Virus (WNV) infection while limiting adverse human health
and environmental impacts.
A
Packet Pg. 155 Attachment: WEst Nile Community Report (10448 : Staff
WNV History in Larimer County
WNV came to New York City in 1999, arrived in Larimer County in 2003.
Partners instituted a public health program to focus on breeding area
reduction, larval control, surveillance, and public education.
Application of pesticide for adult mosquito conducted as emergency
response, implemented by the City, at the direction of the County Health
Department
3
A
Packet Pg. 156 Attachment: WEst Nile Community Report (10448 : Staff
West Nile Virus Program
Reduce Risk of WNV
Multi-angle approach to management
Limit Adverse Health Impacts
Only use broadcast pesticide when data supports the need
Provide education and repellant
Limit Adverse Environmental Impacts
Targeted larval control
Targeted adult spray applications
4
A
Packet Pg. 157 Attachment: WEst Nile Community Report (10448 : Staff
West Nile Virus Trends in Larimer County
WNV History –Recent Trends
5
Cases Reported Neuroinvasive Cases (%)Hospitalizations (%)Deaths (%)Median Age (Range)
2016 31 4 (13%)6 (19%)0 (0%)57 (25–76)
2017 14 3 (21%)3 (21%)2 (14%)58 (25-84)
2018 17 7 (41%)6 (35%)0 (0%)44 (10-71)
2019 7 1 (14%)1 (14%)1 (14%)47 (12-80)
2020 3 0 (0%)0 (0%)0 (0%)53 (49-54)
Total 72 15 (21%)16 (22%)3 (4%)51 (10-84)
A
Packet Pg. 158 Attachment: WEst Nile Community Report (10448 : Staff
West Nile Virus Trends in Larimer County
Larimer County Human West Nile Virus Cases by Week of Onset, 2016-2020
6
A
Packet Pg. 159 Attachment: WEst Nile Community Report (10448 : Staff
WNV –Mosquito Trapping and Testing
7
WNV Program uses a 53-trap network to
determine risk
CDC designed Vector Index (VI) calculates the
abundance and infection rate, i.e., a numeric
range representing the level of risk to humans
VI of 0 indicates limited risk, 0.5 indicates a
very high likelihood of human contraction of
WNV
A
Packet Pg. 160 Attachment: WEst Nile Community Report (10448 : Staff
WNV –Adult Mosquito Applications
What is the Process when the Data shows a need to spray?
Data provided to LC Health Department by City of Fort Collins and
Colorado State University
City and County staffs work to process data
LCHDE makes a recommendation for spray to City Manager
8
A
Packet Pg. 161 Attachment: WEst Nile Community Report (10448 : Staff
2021 WNV Seasonal Outlook
9
UPDATE AFTER JUNE 20 RELEASE!!!
A
Packet Pg. 162 Attachment: WEst Nile Community Report (10448 : Staff
WNV Communications
WNV Season Communication to Council:
Weekly memo via packet; highlight current conditions
Anticipate elevating risk early to mid August
WNV Season Communication to Community:
Social and Traditional Media
Data posted on web
Door hangers in areas of severe amplification
10
A
Packet Pg. 163 Attachment: WEst Nile Community Report (10448 : Staff
11
West Nile Virus –A Community Report
Tom Gonzales, Larimer County Public Health Director
A
Packet Pg. 164 Attachment: WEst Nile Community Report (10448 : Staff
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
JC Ward, Senior Planner
Caryn Champine, Director of PDT
Leo Escalante, Specialist, Public Engagement
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal Immigration
Legal Fund Pilot Program.
EXECUTIVE SUMMARY
Changes to this Ordinance on second reading include: 1) clearly identifying the Immigratio n Legal Fund as a
“Pilot Program” throughout; 2) recognizing the economic and family impacts of immigration proceeding on the
Fort Collins’ community; and 3) specifying metrics to be reported to Council on a quarterly basis.
This Ordinance, adopted on First Reading on June 15, 2021, appropriates $250,000 in General Fund
Reserves to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation would
create a Pilot Program to fund local access to legal services to assist Fort Colli ns residents in the complex
legal proceedings required to seek citizenship or to formally establish lawful presence. In recognition of the
impacts on children and the financial contributions made by the Fort Collins’ immigrant community, grant funds
would be awarded to legal service providers based on a competitive process and would be dedicated to
providing defense and legal support for Fort Collins residents:
• at risk of deportation;
• children seeking Special Immigrant Juvenile Status;
• seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance Committee
reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings. Specific metrics
including number of clients served, case outcomes, number of Fort Collins’ children impacted, number of days
spent in deportation proceedings, and income range of clients will be reported back to Council quarterly once
the Pilot Program is initiated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (PDF)
17
Packet Pg. 165
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY June 15, 2021
City Council
STAFF
JC Ward, Senior Planner
Caryn Champine, Director of PDT
Leo Escalante, Specialist, Public Engagement
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal Immigration
Legal Fund Pilot Program.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $250,000 in General Fund Reserves to create a Municipal Immigration
Legal Fund pilot program. If approved, this appropriation would create a pilot grant program to fund local access
to legal services to assist Fort Collins residents in the complex legal proceedings required to seek citizenship or
to formally establish lawful presence. Grant funds would be awarded to legal service providers based on a
competitive process and would be dedicated to providing defense and legal support for Fort Collins residents:
at risk of deportation;
children seeking Special Immigrant Juvenile Status;
seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance Committee
reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During the May 11, 2021 work session, staff from Planning, Development, and Transportation, Neighborhood
Services, and the Communications and Public Involvement Department presented demographic data and unmet
needs assessment for pro bono immigration legal services in Fort Collins, best practices program design and
structure from other publicly funded immigration legal funds, potential funding ranges and examples of the
caseload and case types accommodated in each range; and options that would assist undocumented residents
in Fort Collins with pathways to lawful citizenship and lawful presence, and strategic alignment with Council
priorities to improve safety, community trust, equity, and livability. This agenda item follows up on
Councilmember comment at the work session to advance an appropriation for $250,000 to create an 18-month
legal fund pilot program.
ATTACHMENT 1 17.1
Packet Pg. 166 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
Agenda Item 17
Item # 17 Page 2
Key Findings on Greatest Needs in Fort Collins
Staff worked with several service providers in Northern Colorado with expertise in immigration services to assess
current service levels and unmet need for pro bono or low bono immigration legal services. Based upon this
research, the following is a summary of key findings to inform Council’s decision on the City’s role in immigration
services to Fort Collins residents.
Limited Availability of Services: Currently there is only one immigration attorney practicing in Fort Collins.
Attorneys in other practice areas may take on immigration clients but are not focused on complex systems
of administrative or immigration law, making the representation challenging and outcomes less consistent.
In addition to the limited availability of direct legal representation for immigration cases in Fort Collins, legal
advice and documentation assistance for cases related to extension of visas, DACA renewal, citizenship, or
legal permanent resident (“LPR”) applications are largely unavailable and can cost hundreds of dollars for
consultation with an attorney.
Affordability: According to data provided by community partners from target population surveys and
feedback from engagement activities, the lack of affordable legal services and representation are considered
the biggest barriers to successful integration for immigrants in Fort Collins. While we do not have access to
Fort Collins-specific information, data from regional partners working with immigrant communities confirms
that 2,963 Northern Larimer County residents are eligible for immigration relief and need low-cost or pro
bono legal services to pursue lawful paths to citizenship and presence. We also learned that many need
these services for multiple family members in the same household. Out of pocket expenses for deportation
defense range from $6,000 to $20,000 in filing fees and $10,000 to $50,000 for attorney costs depending on
the specifics and complexity of the case. DACA, Visa, or LPR applications and renewals have varying filing
fees and though the total varies widely, average approximately $4,000 in attorney costs.
High Demand for Services:
o In Fort Collins, 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen
immigrants are estimated to be undocumented and currently at risk for detention and deportation.
According to local immigrant advocacy organizations conducting outreach and operating immigration
hotlines, the estimated unmet need for Fort Collins Detention/Deportation cases is 75-100 per year, SIJS
cases is 100 per year, and affirmative cases (DACA, LPR, Naturalization) is 400 per year.
o As of December 2020, there were 418 Larimer County residents with pending immigration deportation
proceedings initiated by Department of Homeland Security, 83 of whom lacked legal representation.7
The Larimer County case numbers and unrepresented immigrants in detention as of December 2020
are almost double the 2019 case numbers.
o In the Poudre School District, there are 54 students who arrived in the U.S. as unaccompanied minors
seeking asylum because they are unable to return to their countries of origin due to threat of death or
imminent harm. These students could remain in the United States through Special Immigrant Juvenile
Status (“SIJS”). Due to the age of the children and current placement in foster care or with relatives other
than their primary caregivers, these children only have access to immigration legal services through
community programs. The Interfaith Solidarity and Accompaniment Coalition fundraises and connects
children with legal service providers for SIJS cases, but their work is limited by the amount raised and
availability of pro bono attorneys willing to take Fort Collins cases who are also skilled in complex SIJS
cases.
Strategic Alignment
Strategic Outcome - Neighborhood Livability & Social Health 1.4 Advance equity for all, leading with race,
so that a person’s identity or identities is not a predictor of outcomes.
Strategic Outcome - Economic Health 3.2 Understand trends in the local labor market and work with key
partners to grow diverse employment opportunities.
17.1
Packet Pg. 167 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
Agenda Item 17
Item # 17 Page 3
Strategic Outcome - Safe Communities 5.1 Improve overall community safety while continuing to increase
the level of public trust and willingness to use emergency services.
Strategic Outcome - High Performing Government 7.3 Improve effectiveness of community engagement
with enhanced inclusion of all identities, languages and needs.
2020 Legislative Policy Agenda - Immigration and National Border Conditions 1. Supports the humane
treatment of persons who are detained by Immigration Officials and the rapid resolution of legal proceedings
to determine their status; 2. Supports a pathway to legal immigration into the United States that is sustainable
in the long term.
City Council Resolution 2019-100 The Immigration Crisis at the Southern Border of the United States and
its Impact on the Fort Collins Community
Social Sustainability Strategic Plan (2016) - Equity and Inclusion Theme B1.2.b Research existing partner
and community programs to help inform refugee and immigrant populations of their legal rights and
responsibilities; seek opportunities to create programs where none currently exist.
Market Rates and Pilot Program Budget
To inform Council’s consideration of the fund amount, staff obtained attorney costs by case type in the Fort
Collins market from nonprofit immigration service providers, Rocky Mountain Immigrant Advocacy Network
(“RMIAN”) and Interfaith Solidarity and Accompaniment Coalition (“ISAAC”) and are based on actual attorney
and legal staff costs. The amounts listed cover limited filing fees associated with the pro bono representation.
Case Type Pro Bono Legal
Costs/Case in Fort
Collins market
Unmet Need in Fort
Collins*
Detention/Deportation $6,000/case 75-100 cases/year
Special Immigrant Juvenile Status (SIJS) $4,000/case 100 cases/year
“Affirmative Cases”- Deferred Action for Childhood
Arrivals (DACA), Lawful Permanent Resident
(LPR), or Naturalization
$1,000/case 400 cases/year
*Unmet need in Fort Collins is estimated for 2021 and may be higher due to reluctance of immigrant community
members to identify themselves and their need for services for use by a governmental entity in this analysis.
Pilot Program Budget
In addition to consideration of market rates and unmet local need for immigration legal services in determining
an effective pilot program budget, there are also baseline start-up costs due to the current lack of local access,
program administration needs, and minimum caseload needed for recruitment of qualified attorneys to
participate.
The pilot program is proposed for 18 months from June 2021 to December 2022 to allow time to evaluate the
long term need and City role in this program. The program start-up costs below are based on this timeframe.
Program Start-up Costs
Program Administration
o Includes a program coordinator position or equivalent employed by a partner organization.
o Responsibility for program deliverables related to outreach to target populations, educational materials,
translation and interpretation services, legal advice clinics and training sessions, capacity-building
activities for local and regional service providers, administrative duties related to legal representation,
and grant reporting.
o Costs for pilot program administration would not exceed $90,000 and could be decreased based on
program needs and delivery models of grant recipients.
17.1
Packet Pg. 168 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
Agenda Item 17
Item # 17 Page 4
Minimum Caseload
o Because Fort Collins does not have an existing pool of immigration attorneys, the municipal immigration
legal fund service providers would need to recruit and retain a qualified attorney (or group of attorneys
contracted to provide local access to legal services) and support staff.
o Deportation cases have been identified as the most urgent need, cause the most disruption to families
and the local community compared to other case types, and have the largest economic impact.
o The minimum caseload identified for the Fort Collins area to recruit and retain legal staff for the duration
of the pilot is 15 deportation cases (or the equivalent financial commitment).
18-month Pilot Grant Program Funding Example*
Example Program
Administration
Detention -
Deportation
Cases
*minimum 15
$6,000/case
Special
Immigrant
Juvenile
Status Cases
(SIJS)
$4,000/case
Affirmative
Cases (DACA,
LPR, or
Naturalization)
$1,000/case
Funding
Range
C-18 Up to $90,000 15-20 0-5 0-20 $180,000-
250,000
*Case numbers in the example are not intended to reflect the actual number in each case type that would have
representation under the pilot as the actual number will be impacted by factors outside of the control of service
providers, such as who applies for participation and at what rate.
Program Structure
The appropriation for a Municipal Immigration Legal Fund in Fort Collins would establish a grant program to
provide funds to community partners, nonprofit organizations, or legal service providers to offer residents wrap-
around, holistic immigration legal services to meet the most urgent needs, reach the greatest number of impacted
community members, and build trust in the immigrant community through ongoing self-advocacy and program
support from June 2021 to December 2022. If the fund is approved, staff would initiate a request for proposal
process and select service providers through competitive review.
Through extensive collaboration with stakeholders, staff has identified a number of potential community partners
and grantor organizations that might be in positions to assist with providing services or additional funding for a
City-sponsored immigration legal fund. If this appropriation is approved, staff will actively pursue these
opportunities to leverage these partner resources.
City Manager Darin Atteberry, communicated with Larimer County Manager, Linda Hoffmann, in April and May
2021 regarding the potential for collaboration and partnership to provide immigration legal services to both City
and County residents. Further discussion will be at the City Leadership and County Leadership levels.
Services Provided
The delivery model for legal services will be outlined in applicants’ proposals and determined by the review team
through the selection process. Proposals will be requested for the following elements:
Fort Collins residency requirement;
Direct legal representation for the lifecycle of immigration cases with client intake with the equity-based
universal representation model;
Support for legal pathways to citizenship or lawful presence;
17.1
Packet Pg. 169 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
Agenda Item 17
Item # 17 Page 5
Legal Advice and Consultations through legal clinics and Know Your Rights trainings;
Education and outreach that includes leadership and empowerment training to improve self-advocacy; and
Program coordinator based in a local nongovernmental organization.
Program Focus
The City has authority to offer this pilot as an equity program, one that is available to any Fort Collins resident
in need of the services without regard to income, case type, age at entry into the United States, or other qualifiers.
Having heard from Councilmembers an interest in assisting with cases involving children, DACA recipients, and
victims of violent crime, the requests for proposals can encourage legal service providers to propose service
delivery that is inclusive of a broad range of case types. The grant review panel can also prioritize marketing
efforts for the request for proposals to organizations that provide or seek to provide those services. The
appropriation request of “up to $250,000” reflects the anticipated funding level needed to maximize the potential
representation for the greatest variety of case types, including those related to minors and violent crime victims
within the C-18 example funding range.
Program Metrics
Establishing program metrics that measure outputs, outcomes, and effectiveness are an important part of
concurrent evaluation and iterative improvement. Staff recommends considering the following potential program
metrics to assess program accomplishments and output-based metrics such as participant numbers or number
of cases resolved:
# of people receiving free legal advice or training
# of people receiving direct representation (adults/children & case type)
# of people able to lawfully remain in the U.S. due to representation
# of people released on bond during the program compared past years
# of referrals to the program by other participants
% of participants who feel they are safer due to the program
% of participants who are more knowledgeable about their pathways to citizenship or lawful presence after
the program
% of participants reporting greater likelihood of accessing City or community resources due to the program
Existing Publicly Funded Immigration Legal Services
Program design, metrics, and funding options were determined through comparative analysis of existing publicly
funded immigration legal services and incorporation of best practices developed by these cities, counties, and
states. In previous Council agenda item materials, comparison of a limited subset of these publicly funded
immigration legal services programs was included consisting of those with an approximately equivalent
percentage of immigrant population in the cities/counties to that of Fort Collins. Available information for 46
existing publicly funded immigration legal services/funds has been provided, two of which were newly
established in May 2021. (Attachment 2)
Next Steps: If this appropriation is approved by Council, staff anticipates releasing a request for proposal from
legal service providers to perform work under a competitive selection process in the second quarter of 2021 and
anticipate work to begin in the third quarter of 2021.
CITY FINANCIAL IMPACTS
If approved, this Ordinance would appropriate $250,000 of the City of Fort Collins General Fund Reserves.
17.1
Packet Pg. 170 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
Agenda Item 17
Item # 17 Page 6
BOARD / COMMISSION RECOMMENDATION
The Human Relations Commission recommends that the Council establish an Immigration Legal Defense Fund
in order for the Fort Collins immigrant community to have access to quality, affordable legal services to
demonstrate to Fort Collins residents that equity and inclusion are at the heart of what makes Fort Collins a
healthy, safe and welcoming community for all.
ATTACHMENTS
1. Work Session Summary, May 2021 (PDF)
2. Publicly Funded Immigration Legal Services Comparison (PDF)
3. Human Relations Commission Memo (PDF)
4. Council Finance Committee Minutes (draft), April 19, 2021 (PDF)
5. Council Finance Committee (draft), May 24, 2021 (PDF)
6. Public Comments and Analysis, March 24-June 9, 2021 (PDF)
7. Powerpoint Presentation (PDF)
17.1
Packet Pg. 171 Attachment: First Reading Agenda Item Summary, June 15, 2021 (w/o attachments) (10432 : SR 064 Immigration)
-1-
ORDINANCE NO. 064, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR A
MUNICIPAL IMMIGRATION LEGAL DEFENSE FUND PILOT PROGRAM
WHEREAS, immigration policy and enforcement are controlled by the federal
government, the Fort Collins City Council noted in the 2020 Legislative Policy Agenda that
“issues pertaining to civil rights at the United States’ borders and immigration law more broadly
have wide impacts that can directly impact the day-to-day life of Fort Collins residents”; and
WHEREAS, City Council Resolution 2019-100 detailed concerns that fear resulting from
federal immigration law and enforcement policies could discourage Fort Collins immigrant
residents from engaging with safety personnel, Police Services, and other City departments to
access services and resources; and
WHEREAS, Fort Collins has an immigrant community of more than 11,000 people, or
6.8% of the total population, and that 15% of children in Fort Collins live with at least one
immigrant parent and 75% of these children are themselves US citizens; and
WHEREAS, approximately 4,500 Fort Collins residents are currently not United States
citizens; 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen
immigrants are estimated to be undocumented and at risk for detention and deportation; and
WHEREAS, in December 2020, there were 418 Larimer County residents with pending
immigration deportation proceedings, 83 of whom lacked legal representation; and
WHEREAS, 2,963 Northern Larimer County residents are eligible for immigration relief
and need low-cost or pro bono legal services to pursue lawful paths to citizenship; and
WHEREAS, any non-citizen, including lawful permanent residents, refugees, and people
who entered legally on visas, can be placed in deportation proceedings; and
WHEREAS, without legal representation, many people in deportation proceedings have
valid legal grounds to remain in the United States under federal immigration laws, but cannot
effectively navigate the complex immigration legal system or gather necessary evidence; and
WHEREAS, Fort Collins lacks available pro bono or low-cost legal advice and assistance
for cases related to extension of visas, Deferred Action for Childhood Arrivals (“DAC A”)
renewal, citizenship, or legal permanent resident applications as there is one immigration
attorney practicing in Fort Collins and although community partners are providing assistance for
immigrants, no organizations currently provide pro bono or low-cost immigration legal defense
and advice for Fort Collins residents; and
WHEREAS, a pilot program for a Municipal Immigration Legal Fund in Fort Collins
would establish a grant program to provide funds to community partners, nonprofit
organizations, or legal service providers to offer residents wrap-around, holistic immigration
Packet Pg. 172
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legal services to meet the most urgent needs, reach the greatest number of impacted community
members, and build trust in the immigrant community through ongoing self-advocacy and
program support through December 2021; and
WHEREAS, the City would initiate a request for proposal process and select service
providers through competitive review; and
WHEREAS, the delivery model for legal services will be outlined in applicants’
proposals and determined by the review team through the selection process; and
WHEREAS, proposals will be requested for a pilot program to provide direct legal
representation for the lifecycle of immigration cases with client intake with the equity-based
universal representation model; support for legal pathways to citizenship or lawful presence;
legal advice and consultations through legal clinics and Know Your Rights trainings; education
and outreach that includes leadership and empowerment training to improve self-advocacy; and,
program coordination based within a local nongovernmental organization (the “Pilot Program”);
and
WHEREAS, proof of residency for a duration of no less than one full year and beginning
no later than June 2020 will be a requirement of participating in the Pilot Program; 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 and all other funds to be received in that fund during
any fiscal year; and
WHEREAS, this appropriation for the Pilot Program benefits the public health, safety
and welfare of the residents of Fort Collins and serves the public purpose of providing pro-bono
legal services and immigration education for Fort Collins’ residents in the immigration legal
system who are seeking to establish legal status under U.S. immigration laws, thereby
encouraging the City Strategic Goals related to: 1) advancing equity; 2) improving community
engagement; and 3) supporting the humane treatment of persons who are detained by
Immigration Officials and the rapid resolution of legal proceedings and support pathways to
legal immigration.
WHEREAS, this appropriation economically benefits the City of Fort Collins because
deportations and immigration detention are costly to the community, its taxpayers and employers
and providing representation of Fort Collins residents in immigration court has been reported as
a way to reduce the related costs to the community; and
Packet Pg. 173
-3-
WHEREAS, undocumented community members generate revenue for the City by
paying: 1) state and local taxes; 2) sales and excise taxes; 3) property taxes directly on their
homes (and indirectly as renters); and 4) at least half of undocumented immigrants work at jobs
where state and federal income taxes are regularly withheld from their paychecks; and
WHEREAS, this appropriation also benefits Fort Collins residents and American citizens
who have parents, spouses, children, sibling and other immediate family who seek legal paths to
citizenship and are at risk for removal; thus, the Immigration Pilot Program protects local
families from being separated and displaced.
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 authorizes the City Manager, or their
designee, to initiate and facilitate the Pilot Program in a manner consistent with this Ordinance.
Section 3. That there is hereby appropriated from prior year reserves in the General
Fund the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) for expenditure
from the General Fund for the establishment of the Pilot Programa municipal immigration legal
defense fund.
Section 4. That the Council hereby directs the City Manager to gather data describing
the level of service and outcomes from the Pilot Program and to provide a report and update to
the City Council no less frequently than each calendar quarter including:
1) number of clients served;
2) case outcomes;
3) type of case;
4) client family data, including number of children;
5) client country of origin;
6) client ethnicity;
7) client zip code;
8) client’s duration in Fort Collins, Colorado and the United States;
9) whether bond or release was granted to client;
10) cost of bond for client;
11) income range of client; and
12) number of days client spent in detention.
Packet Pg. 174
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Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 175
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Jamie Gaskill, Sr. Supervisor, Project Management
Gretchen Stanford, Interim Deputy Director
Brian Tholl, Energy Services Supervisor
Lance Smith, Utilities Strategic Finance Direct or
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the Income -Qualified
Assistance Program.
EXECUTIVE SUMMARY
The purpose of this item is to consider a Code amendment to extend the Income -Qualified Assistance
Program (IQAP) pilot rate an additional year (through 202 2) and align it with the Fort Collins Utilities’ rate
ordinances that are considered in the fall. Additionally, this item considers Code amendments that would make
administrative modifications to the program’s enrollment process.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Income-Qualified Assistance Program (IQAP) was approved by Council and launched in October 2018 in
conjunction with the Time-of-Day (TOD) electric rates. The pilot program was designed to reduce utility costs
for qualifying low-income participants that opt-in to the program by providing a 23% discount on specific rate
components of electric, water and wastewater services. The current pilot and associated discount are set to
expire July 31, 2021, pursuant to City Code §26-724. The Ordinance extends the program beginning August
1, 2021, through December 31, 2022.
Strategic Alignment
• Strategic Outcome
o Neighborhood Livability and Social Health 1.3 - Improve accessibility of City and community program
to low- and moderate-income residents and increase participation in service to eligible income-
qualified residents.
• Our Climate Future
o Equity-focused implementation seeking solutions that address a spectrum of needs within our
community.
o Next Move EEFB5: Provide focused energy efficiency and indoor air quality incentives for historically
under-served households.
The IQAP is one of five offerings in the Utilities Affordability Programs (UAP) portfolio that is designed to
reduce utilities burdens for low- and moderate-income customers. Utility burden is defined as the percentage
18
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Agenda Item 18
Item # 18 Page 2
of a household’s income that is spent on utility services such as gas, electric, water, wastewater and
stormwater. Low-income households have been found to have disproportionately high uti lity burdens when
compared to non-low-income households (ACEEE, 2020; US Water Alliance, 2016).
The UAP includes programs that help reduce a customers’ utilities costs through payment assistance,
efficiency improvements to homes, and education about efficiency practices. There are three programs that
focus on payment assistance and two programs that help make dwellings more efficient.
• Payment Assistance:
o The IQAP provides income-qualified customers a reduced rate on specific utility services.
o The Medical Assistance Program (MAP) provides reduced rates for income-qualified customers who
require the use of medically necessary equipment and/or require medically necessary air conditioning
during the summer billing months.
o The Payment Assistance Fund (PAF) allows qualified households with a current past -due notice to
receive financial assistance once per 12-month cycle on their utility bill.
• More Efficient Dwellings:
o Larimer County Conservation Corps (LCCC) Water and Energy Program
o The Colorado Affordable Residential Energy Program (CARE)
o Both programs are designed to provide no-cost retrofits to homes to make them more efficient and
comfortable.
Although Fort Collins Utilities is not a regulated public utility and is not required to follow the direction of the
Public Utility Commission (PUC), Utilities often examines PUC recommendations for best practices in the
industry. Under the current PUC rules 3412 (electric) and 4412 (gas), investor -owned utilities that serve
Colorado retail customers “shall provide low-income energy assistance by offering rates, charges and services
that grant a reasonable preference or advantage to residential low -income customers,” as permitted by state
statute (§ 40-3-106, C.R.S.). The UAP offerings are in alignment with the PUC recommendations.
Current IQAP Program Design
Utilities partners with the State of Colorado Department of Human Services (CDHS), who administer the Low -
Income Energy Assistance Program (LEAP), for income -eligibility verification for IQAP. LEAP eligibility is
based on household size and an income threshold of 60% of State Median Income (SMI). Utilities customers
that are enrolled in the current or past LEAP season are eligible to complete an application to “opt -in” to
participate in IQAP. Utilities sends bulk invites via mail or email to LEAP-enrolled customers annually to
encourage them to apply for participation in IQAP. Customers can also fill out an application at any time during
the year to be enrolled in the program, provided their LEAP enrollment can be verified. Applications can be
completed online or via a paper form. Once an application is received by Utilities staff, the customer’s LEAP
enrollment is verified and their rates are changed for the applicable services.
In addition to receiving the reduced rate on services, IQAP participants are encouraged to participate in no -
cost conservation programs, such as LCCC and/or CARE, to make their dwelling more efficient and to help
reduce utility costs further. They also receive the monthly Utilities Insights newsletter that provides low- or no-
cost tips and tricks for reducing utility use and costs.
Initial IQAP Pilot Results
The IQAP was launched in October 2018 and results discussed here are based on the first two full calendar
years of the program (2019 and 2020). The following were used to analyze program impact for participants and
overall ratepayer benefits, as required in Article XII, § 6 of the City Charter:
• Program enrollment numbers
• Reduced rate benefit to customers/utilities revenue impact
• Actual customer utility use (year one)
• Customer surveys
o Pre- and post-program surveys annually
o In-depth customer engagement survey (year one)
18
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Agenda Item 18
Item # 18 Page 3
• Aggregate residential ratepayer utility benefits, including reduced system consumption, increased
engagement by program participants in conservation education and retrofit programs, and improved
consumption behaviors.
When IQAP was approved in 2018, participation was projected to be 2,000 customers annually based on
census data and expected LEAP enrollment. For the first two years of the program the actual average annual
enrollment was 717 customers, or 36% of what was projected. Additionally, the projected benefit to customers
was $441,000 and actual average annual benefit to customers was $141,944, or 32% of what was projected.
The actual annual utility bill savings per customer was approximately $200. Table 1 summarizes program
enrollment and the annual benefit to customers.
Table 1: IQAP Planned and Actual Participation and Annual Customer Benefit
Participation Annual Customer Benefit
Planned* 2,000 $441,000
Actual** 717 $141,944
*Council approved in 2018
**Average annual participation and benefit for 2019-2020
Encouraging energy and water conservation through dwelling modifications and behavior change education
has also been a focus of the IQAP pilot. Customers are invited to participate in programs such as LCCC and
CARE. Table 2 summarizes IQAP customer participation in each program in 2019 and 2020. Due to the
impacts of COVID-19, in March 2020 LCCC and CARE were put on hold because contractors were not able to
do in-home assessments. As an alternative, customers were invited to request conservation kits to be sent to
their homes. Kits contained do-it-yourself products that customers could install in their homes to reduce energy
and water use. Approximately 85 IQAP customers have received kits since September 2020.
Table 2: IQAP customer participation in LCCC and CARE
2019 2020
LCCC 90 27
CARE 7 1
In addition, IQAP participants were sent the monthly Utilities Insights newsletter via email or mail. The
newsletter contained seasonal tips, tricks and programs for saving energy and water and ways to make homes
healthier, with the goal of making this information more digestible for customers. Insights newsletters were
offered in English and Spanish. (Attachment 1) Approximately 50% of participants received the newsletter via
email. Open rates on the email version of Insights were significantly higher than the industry average and
summarized in Table 3.
Table 3: Open rates and click rates for emailed version of Utility Insights newsletter compared to
industry averages.
Open Rate Click Through Rate
Utilities Insights E-Newsletter 48% 9.5%
Government Agency or Services Industry Average* 29.98% 11.22%
*Industry average according to Constant Contact data
In an effort to examine impacts of conservation efforts associated with IQAP participation, staff engaged Apex
Analytics, a Colorado based evaluation and analytics firm, to conduct an initial billing analysis for year one of
the program (October 2018-September 2019). The analysis compared 538 IQAP participants to a control
group (utilities customers that were enrolled in LEAP but not IQAP). The billing analysis found there to be no
statistical change in water use and a 5% increase in energy use. (Attachment 2).
Apex Analytics also designed a customer survey that was utilized to understand how IQAP benefited
participants and impacted customer engagement and awareness of conservation programs. Survey invitations
were sent to 527 IQAP participants and 175 customers completed the survey (33% response rate).
Highlights from the findings from the IQAP participant survey include:
18
Packet Pg. 178
Agenda Item 18
Item # 18 Page 4
• 76% of survey respondents have participated in or are aware of conservation programs.
• 76% of survey respondents report increased comfort in their home.
• 86% of survey respondents report being more secure in their ability to pay their utility bill.
For additional survey findings, please see the attached Apex Analytics memo (Attachment 2).
The first two full calendar years of IQAP implementation provided valuable information about program design
and execution. Utilizing the “opt-in” application-based enrollment resulted in participation rates that were
significantly less than what was projected. Enrollment moderately increased across the two years.
The COVID-19 pandemic beginning in March 2020 coincided with the second full calendar year of the IQAP
implementation. COVID-19 did not appear to significantly impact program enrollment in 2020, however, it did
impact the conservation component of IQAP. For example, customers were not able to participate in LCCC or
CARE after March 2020 because both programs were suspended due to COVID -19. The suspension
significantly impacted participation rates which was apparent in the sharp decli ne in participation from 2019 to
2020. The effects of COVID-19 on this and other components of the program have made overall assessment
of program effectiveness and sustainability difficult to determine. The pandemic’s continuing effects on
customer behavior is one of the factors driving staff’s recommendations to extend the program pilot.
Issues for Consideration
The IQAP pilot rate is due to expire July 31, 2021, as stated in City Code §26 -724. Staff recommends
extending the rate pilot an additional year (through 2022) and aligning the rate with the annual Fort Collins
Utilities’ rate ordinance that is considered by Council each fall. With the extension staff will:
1. Continue targeted engagement with low-income community members. Staff will utilize findings from
participant surveys to tailor methods of engagement to make them more effective.
2. Build on existing enrollment and seek to enroll 1,300-1,500 customers annually.
3. Continue to promote participation in conservation programs and educate program participants about
efficiency practices.
4. Analyze program impact (e.g., financial impacts and conservation impacts) for customers and the utility.
5. Conduct additional research on low-income programs offered by other municipal utilities to learn about the
utility benefit of the programs.
6. Using updated census data staff will evaluate the 23% rate reduction to determine if the amount of the
reduction is still appropriate for this customer group.
7. Analyze the estimated impacts of allowing customers to qualify for IQAP via other avenues in addition to
LEAP.
Staff also recommend that consideration be given to changing the program from an application -based/opt-in
program to an auto-enroll/opt-out program. An auto-enroll program would eliminate the need for customers to
fill out an additional application beyond the required LEAP application and is expected to significantly increase
participation in the program. In addition to removing participation barriers for customers, auto enroll would
decrease the amount of staff time required to administer the enrollment process and would allow staff to spend
more time engaging directly with customers. Figure 1 illustrates how this would affect program processes and
the customer experience.
18
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Agenda Item 18
Item # 18 Page 5
Figure 1: IQAP Application-based Enrollment Processes Versus Auto-Enroll
Changes to the enrollment process will also integrate with citywide efforts to streamline income -qualified
programs across the organization. For example, LEAP-enrolled customers that move into the Utilities service
area outside of the auto enroll months (December - May) will be able to apply for IQAP via the online or mobile
portals that are currently in development in partnership with Code for America. (Attachment 3).
Should Council approve the change to an auto-enroll program, staff proposes starting the auto-enroll format
with the 2021-2022 IQAP season that begins October 1, 2021. Staff will analyze the impacts of switching to
auto-enroll and will report findings to Council in fall 2022.
Extending the IQAP Rates and adjusting the IQAP Program enrollment, as described in the proposed Ordinance,
will continue support for the utility purposes originally outlined for the pilot, including benefiting the rate payers by
improving conservation practices through outreach and education; improving the rate of on-time payment of utility
bills and reducing billing operation expenses, consistent with the purposes of Article XII, § 6 of the City Charter.
CITY FINANCIAL IMPACTS
Changing the IQAP enrollment format is projected to potentially double the community participation in the
program which could increase the annual cost of the discount from $141,944 (0.1% of total utility operating
revenues) to $272,342 (0.2% of total utility operating revenues). The costs for this program are included in the
cost-of-service models for each utility. Table 4 illustrates the projected impact on overall participation and
annual customer benefit and Table 5 illustrates the projected revenue impacts for each utility.
Table 4: Projected Impact of Making IQAP an Auto-Enroll Program
Participation Annual Customer Benefit
Planned* 2,000 $441,000
Actual** 717 $141,944
Projected with Auto Enroll*** 1,372 $272,342
*Council approved in 2018
**Average annual participation and benefit for 2019-2020
***Based on estimated 98% auto enrollment of all LEAP-enrolled customers
18
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Agenda Item 18
Item # 18 Page 6
Table 5: Projected revenue impacts by utility of making IQAP an auto-enroll program
Utility Planned* Actual** Projected***
Electric $348,000 $105,782 $215,423
Water $39,000 $17,041 $23,149
Wastewater $54,000 $19,121 $33,770
TOTAL $441,000 $141,944 $272,342
*Council approved in 2018
**Average annual revenue impact for 2019-2020
***Based on estimated 98% auto enrollment of all LEAP-enrolled customers
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board, Energy Board, Water Commission recommends extending the IQAP rate pilot
an additional three years and making the program an auto-enroll/opt-out program. (Attachment 4-6)
Staff presented to the Council Finance Committee on June 16, 2021 and incorporated their feedback (meeting
minutes are not yet available).
PUBLIC OUTREACH
The Affordable Housing Board, Energy Board, Water Commission and Council Finance Committee meetings
were noticed and open to the public. Additionally, staff utilized feedback from IQAP participant surveys to
inform proposed program extension and changes. Second Reading of the Ordinance has been scheduled for
August 4, 2021, to allow for mailed and published notice of the hearing on the Ordinance thirty days in
advance.
ATTACHMENTS
1. Utilities Insights Newsletter (sample) (PDF)
2. Apex Analytics Memo (PDF)
3. Digital Access and Equity Outreach Update Memo (PDF)
4. Affordable Housing Board Minutes (draft) (PDF)
5. Energy Board Minutes (PDF)
6. Water Commission Minutes (draft) (PDF)
7. Powerpoint Presentation (PDF)
18
Packet Pg. 181
DID YOU KNOW?
LEDs use 75% less energy and will last up to ten
times longer than incandescent lights. This could
save you hundreds of dollars during the holiday
season. Plus, you’ll save with Time-of-Day (TOD)
electric pricing if you make the switch to LEDs. Check
out how TOD affects the cost of using decorations
for one hour, from fcgov.com/TOD-cheat-sheet:
UTILITIES INSIGHTS
Small Changes, Big Differences
November 2020 | Issue 11
Utilities
Monthly newsletter for Fort Collins Utilities customers with tips to save energy and water to lower utility bills.
fcgov.com/UAP | utilitiesaffordability@fcgov.com | 970-212-2900
Auxiliary aids and services are available for persons with disabilities. V/TDD 711
ADDITIONAL RESOURCES
Need Help Paying Your Bill?
If you are past due on your Utilities bill due to the
COVID-19 public health crisis, you may be eligible
for financial assistance of up to $600 through the
CARES Act. Learn more at fcgov.com/CARES.
•Apply early. Funds are limited and
applications will be processed on a first-come,
first-served basis.
•Approved funds will be applied directly to
customer accounts as bill credits within 30 days
of applying.
•Utilities will resume shut-offs for non-payment
beginning Nov. 13. Visit fcgov.com/covid-updates
to learn more and explore payment options.
Customers can receive utility bill assistance through
the Payment Assistance Fund once per season
(Oct. 1 – Sept. 30). For assistance, call:
•Catholic Charities (970-484-5010)
•La Familia/The Family Center (970-221-1615)
•Discover Goodwill (888-775-5327, ext. 7)
Don’t Forget to Renew!
•Apply for LEAP. Renew your application online at
fcgov.com/LEAP or by phone at 866-432-8435.
•Medical Assistance Program renewals start
Dec. 1. Go to fcgov.com/medical-assistance or call
970-212-2900 for more information.
You Can Open This Gift Early ...
Just a handful of free conservation kits are still
available. Kits include LED light bulbs, sink aerators
and more. These are easy to install and will help you
save on your utility bill. Request your kit at
fcgov.com/free-kit or call 970-416-2032.
MAKE A LIGHT SWITCH
•Consider switching to LED holiday lights
this season.
•Unplug all lights and decorations when not in use.
•Look for electricity-free decorations like tinsel,
garland or wreaths.
•Recycle broken string lights at the Timberline
Recycling Center (1903 S. Timberline Road,
970-221-6600).
‘Tis the season for festive decorating. Save money on your utility bill this winter with these tips.
On-peak hours (5-9 p.m. Oct.-Apr. / weekdays only)
Off-peak hours (all other hours of the day, plus
weekends and major holidays)
ATTACHMENT 1 18.1
Packet Pg. 182 Attachment: Utilities Insights Newsletter (sample) (10414 : IQAP Update and Program Changes)
noviembre 2020 | 11.a Edición
Utilities
“UTILITIES
Pequeños Cambios, Gran DiferenciaINSIGHTS”
Boletín mensual para clientes de Fort Collins Utilities con sugerencias para ahorrar energía eléctrica y agua para reducir sus facturas.
fcgov.com/UAP | utilitiesaffordability@fcgov.com | 970-212-2900
Hay ayuda y servicios auxiliares disponibles para personas con discapacidad. V/TDD 711
¿SABÍA USTED?
Que los focos LED usan un 75% menos de energía y tienen
una duración de hasta diez veces más que los focos
incandescentes. Esto podría ahorrarle cientos de dólares
durante la temporada de luces de invierno. Además,
ahorrará con los precios de electricidad Time-of-Day
(TOD) si cambia a focos LED. Vea como TOD afecta el
costo del uso de decoraciones durante una hora (visite
fcgov.com/TOD-cheat-sheet):
RECURSOS ADICIONALES
¿Necesita ayuda para pagar su factura?
Si su factura de Utilities está vencida debido a la crisis
de salud pública de COVID-19, quizá sea elegible para
asistencia económica de hasta $600 a través de la
Ley CARES. Más información en fcgov.com/CARES.
• Complete su solicitud temprano. Los fondos son
limitados y las solicitudes serán procesadas según el
orden en que fueron recibidas.
• Los fondos aprobados serán aplicados directamente
a la cuenta del cliente como crédito dentro de 30 días
a partir de la fecha de entrega de la solicitud.
• Utilities reanudará la desconexión de servicios por
falta de pago a partir del 13 de noviembre. Para más
información visite fcgov.com/covid-updates.
Los clientes pueden recibir asistencia para el pago
de su factura de servicios públicos a través del fondo
de asistencia Payment Assistance Fund una vez por
temporada (octubre 1 al 30 de septiembre). Para
asistencia llame a La Familia/The Family Center
(970-221-1615), Catholic Charities (970-484-5010) o
Discover Goodwill (888-775-5327, ext. 7).
¡No olvide renovar!
• Complete su solicitud para LEAP. Renueve su
solicitud en línea en fcgov.com/LEAP o por teléfono
en 866-432-8435.
• La renovación para el Programa de Asistencia
Médica inicia el 1 de diciembre. Para más información
visite fcgov.com/medical-assistance o llame al tel.
970-212-2900.
Puede abrir este regalo ahora...
Aún hay kits de eficiencia gratuitos disponibles. Los kits
incluyen focos LED, aireadores de grifos y más. Son fáciles
de instalar y le ayudarán a ahorrar dinero en su factura de
servicios públicos. Pida su kit en fcgov.com/free-kit
o llame al 970-416-2032.
CAMBIE DE ALUMBRADO
• Considere cambiar sus luces navideñas a luces LED
esta temporada.
• Desconecte todas las luces y decoraciones cuando no
estén en uso.
• Busque decoraciones no eléctricas como oropel y
guirlandas.
• Recicle las guirnaldas de luces inservibles en el Centro
de Reciclado Timberline (1903 S. Timberline Road,
970-221-6600).
Estamos en temporada de decoración para las fiestas. Ahorre dinero en su cuenta de luz este invierno con estas sugerencias.
Horas Pico (5 a 9 p.m. octubre a abril entresemana)
Horas Valle (todas las otras horas del día, fines de
semana y días festivos)
Para una decoración
inflable Para una guirnalda de
focos grandes
18.1
Packet Pg. 183 Attachment: Utilities Insights Newsletter (sample) (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 1
T o : Brian Tholl, City of Fort Collins Utilities
F r o m : Noah Lieb, Joe Van Clock, Jon Koliner, Apex Analytics
S u b j e c t : Findings for the Income Qualified Assistance Program
D a t e : April 7, 2021
This memo details the research and findings from a statistical billing analysis and participant
survey for the City of Fort Collins Income Qualified Assistance program (IQAP).
Background
When Fort Collins Utilities launched its time of day (TOD) rates in October 2018, it also
introduced an Income Qualified Assistance Program (IQAP) to ensure its rate structure
remained equitable. The IQAP provides a 23 percent reduction on electric and water bills for
Utilities customers who qualify for Colorado’s Low-income Energy Assistance Program
(LEAP) through Energy Outreach Colorado. Utilities has enrolled over 700 customers in the
IQAP from the roughly 1,600 customers who qualify and participate in LEAP.
As part of the eligibility for receiving the IQAP rates, Utilities has an educational and
engagement requirement for customers to participate in conservation activities.0F
1 The
potential for increased engagement with qualified customers, who have traditionally been
underrepresented in efficiency programs, and the resulting opportunity to reduce energy
use and achieve non-energy benefits was an important motivator for Utilities to offer the
rate discount.
Utilities sought to understand the electric and water usage impacts from the IQAP rates,
recognizing that, while the engagement/education components could result in energy and
water savings, lower rates could provide a price signal leading to increased use. Utilities
engaged Apex to develop a statistical billing analysis in order to estimate the electric energy
and water consumption impacts from their IQAP efforts, and to conduct a qualitative
analysis to further understand changes in behavior and energy use based on a customer
survey. The objectives of this research were to:
²Determine the electric and water impacts attributable to IQAP participation
²Assess IQAP energy use intensity relative to non-IQAP participants, and whether lower
rates helped IQAP customers achieve a more comfortable or energy equitable home
²Determine the IQAP rate impact on revenue and assess whether IQAP participants
shifted consumption to off-peak hours
²Understand how participants are benefitting from the program and why IQAP
participants energy use changed
²Determine if changes to program engagement offset changes to energy use
1 IQAP participants receive “Utilities Insights”, a monthly newsletter with tips to save energy and water to lower
utility bills and are occasionally contacted directly regarding efficiency programs. There is no requirement for IQAP
participants to attend workshops or participate in other conservation programs.
ATTACHMENT 2 18.2
Packet Pg. 184 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 2
Methodology
Apex conducted a statistical billing analysis to assess electric energy and water consumption
changes as a result of IQAP participation. To explain differences in monthly consumption,
we modeled monthly energy/water consumption as a function of participation status
(participant versus non-participant comparison households), time period (whether the
period was pre- or post-IQAP rate introduction) and weather (for the electric analysis
monthly heating and cooling degree days, for the water analysis, average daily
temperature). Apex developed two energy and water impacts estimates: one for the actual
year and one weather normalized to account for longer-range climate conditions.
Utilities provided data on households participating in IQAP. The analysis included 538 homes
that received IQAP rates between October and December 2018 and remained as active
status in the IQAP dataset.1F
2 Apex matched these households to LEAP-qualified homes that
did not participate in IQAP using a ranked comparison of households based on the pre-
installation period consumption (usage between October 2017 and September 2018) to
create a comparison group.2F
3 Statistical testing showed that the comparison group’s pre-
participation energy consumption closely matched that of the participant group.3F
4
To gain further insight into the changes in energy consumption observed in the billing
analysis, Apex developed a survey guide focused on understanding how participants benefit
from the IQAP rate and any actions they may have taken to change their energy use. Active
IQAP participants with an email address on record in the billing system received an email
solicitation while customers without an email address on record received a letter invitation
to complete the IQAP survey online. Participants received a $20 credit on their bill as an
incentive to complete the survey. Of the 217 mailed invitations and 310 emailed invitations
distributed, 175 IQAP participants completed the survey, resulting in a survey response rate
of 33%.
Key Findings
This section addresses findings related to each of the primary research questions.
²Changes to consumption: Did IQAP participants adjust their electric energy and water
usage relative to non-IQAP participants after receiving the new rates?
The statistical billing analysis results showed that the average household that received IQAP
rates between October and December 2018 experienced an increase in annual electric
usage of 363 kWh, relative to pre-usage and controlling for exogenous effects (represented
by the matched non-participant comparison group households) (Figure 1).
2 There were an additional 167 participants that were inactive, having received the rate for a short duration of time
and were removed from the program due to closing of accounts among other reasons.
3 Specifically, Apex identified the most equivalent non-participant comparison household match based on
Euclidean distance (i.e., the lowest absolute difference in monthly usage compared to the participants).
4 Apex modeled a period to quantify the “drift” of each comparison group relative to the participant homes electric
usage. Using 2017 as a baseline matching period, we then examined the 2018 electric usage before IQAP
participation to quantify the “drift” of the average comparison group versus participant group usage. The LEAP
comparison group showed the lowest “drift”, with electric usage remaining almost perfectly aligned with the
participant homes between January and September 2018.
18.2
Packet Pg. 185 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 3
Figure 1. Participant and Matched Comparison Monthly Electric Usage
Source: Utilities billing system data
As Table 1 shows, the change to the mean annual household energy consumption factoring
in a typical weather year was 380 kWh.4F
5 The average household that received IQAP rates
between October and December 2018 did not show any notable change in annual water
usage attributable to the new (lower) rates.
Table 1. Mean Annual IQAP Billing Analysis Results
Model
Change in
Mean
Study
Period
Household
Usage
Weather
Normal
Household
Usage
Change
Mean
Annual
Load
Change
as % of
Annual
Load
Explanatory
Power (R2)
90 %
Confidence
Interval
Statistically
Significant
Electric +363 kWh +380
kWh
7,408
kWh
+5.1% 0.76 +/- 155
kWh
Yes
Water -945
gallons
-356
gallons
84,952
gallons
-0.4 % 0.51 +/- 3,271
gallons
No
²Participant benefits: How are participants benefitting from IQAP and why did their
energy use change?
The most common benefit participants reported as a result of receiving the IQAP discount
was the need to worry less about paying their utility bills. The ability to keep their homes at
a more comfortable temperature and do things in the home that allow them to stay
healthier, like using an air filter, were also commonly-cited benefits.
5 The model provided strong explanatory power, with an R-squared of 0.76. The household estimate is statistically
significant at the 90% confidence level, though precision was moderate, at +/- 41% (155/380). The lower degree of
precision is a result of the variability in household usage (all household types were included in the analysis,
including electric heat and gas heated homes, single-family, multifamily and manufactured homes).
Post period
18.2
Packet Pg. 186 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 4
Figure 2: Benefits of IQAP Participation (n=175)
While all IQAP participants reported the discount allowed them to worry less about paying
their utility bills, participants whose energy consumption increased were significantly more
likely than those whose usage decreased or stayed the same to report keeping their homes
at a more comfortable temperature due to the discount (Figure 3). According to one
participant, “I am not worried about a big bill, and we don’t have to freeze in the winter. We
still do not have our heaters on during five to nine [PM], but it is better to have the ability
to exercise the option.”
Figure 3: IQAP Participant Agreement that “Because of the Discount, I Keep My Home at a More
Comfortable Temperature” by Change in Energy Consumption
²Program Engagement: Determine if changes in program engagement offset changes
to energy use.
15%
43%
46%
45%
54%
23%
27%
29%
31%
32%
27%
15%
15%
14%
5%
18%
10%
6%
4%
3%
15%
5%
3%
6%
6%
0% 100%
Increased discretionary spending
Do not need to choose between utilities and other
necessities
Maintain healthier home
Increased comfort
More secure in ability to pay utility bill
Completely agree Somewhat agree Neither agree nor disagree
Somewhat disagree Completely disagree
26%
32%
55%
45%
39%
36%
33%
31%
0%100%
Decrease Use (n=23)
No Change (n=22)
Increase Use (n=33)
Total (n=175)
Completely agree Somewhat agree
18.2
Packet Pg. 187 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 5
Survey findings suggest IQAP participants, particularly those whose energy use increased
after receiving the discount, are energy conscious and engaged with energy efficiency
programs. Nearly two-thirds (65%) of IQAP participant survey responses reported that
people in their households put “a lot” of effort into saving energy and water, and a majority
(60%) reported increasing the amount of effort they put into saving energy and water since
receiving the discount (Figure 4). Households whose energy consumption increased since
receiving the discount were nonetheless the most likely to report putting “a lot” of effort
into saving energy and water and increasing their level of effort since receiving the
discount.
Figure 4: IQAP Survey Respondent Reported Effort Devoted to Saving Energy and Water
More than three-fourths of surveyed IQAP participants (76%) were aware of energy
efficiency programs, and a majority (51%) had participated in programs. LCCC was the
most common program in which participants reported participating, with half of all IQAP
recipients that were aware of programs (50%) reporting participating in LCCC.
Figure 5: IQAP Participant Awareness of and Participation in Efficiency Programs
The energy saving tips that Utilities provided to IQAP participants resulted in a marginal
increase in energy saving actions participating households took. Approximately one-third
(37%) of IQAP participants reported beginning to take one or more action they recalled
65%
68%
73%
65%
0% 100%
Decrease Use (n=23)
No Change (n=22)
Increase Use (n=33)
Total (n=175)
People in household put "a lot" of effort
into saving energy and water
26%
18%
36%
29%
30%
27%
36%
31%
0% 100%
Decrease Use (n=23)
No Change (n=22)
Increase Use (n=33)
Total (n=175)
Change in amount of effort put into
saving energy and water since receiving
discount
A lot more effort A little bit more effort
52%
77%
61%
51%
30%
14%
15%
25%
17%
9%
24%
23%
0%100%
Decrease Use (n=23)
No Change (n=22)
Increase Use (n=33)
Total (n=175)
Have participated in programs Aware of programs, have not participated Not aware of programs
18.2
Packet Pg. 188 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 6
Utilities recommending after receiving the discount. A majority of households reported they
already undertook most of the recommended actions prior to receiving the discounts (Figure
6). The greatest increase in uptake of the recommended actions came from households
replacing incandescent bulbs with LEDs and households unplugging electronics or using
power strips to reduce phantom loads.
Figure 6: IQAP Participant Uptake of Recommended Energy Savings Actions (n=175)
²Energy intensity: Assess IQAP energy use intensity relative to non-IQAP participants,
and whether lower rates helped IQAP customers achieve a more comfortable or
energy equitable home
Apex drew on data from Experian and the city assessor to normalize energy usage data on a
monthly kWh per household square foot basis to calculate energy use intensity (EUI). We
examined the pre-and-post-IQAP EUI across various households and primary heating fuel
types. IQAP participants had a statistically significant lower EUI than the comparison group
across single family detached homes and multifamily apartments, the two most common
housing types (Figure 4). This indicates that IQAP households used less energy than
similarly sized homes in the comparison group and thus may have been curtailing their
usage.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Use Monitor My Use tool
Use refrigerator thermometer
Air dry clothes & dishes
Unplug electronics/use power strip
Check for leaks in water fixtures
Change summer thermostat settings
Close windows and curtains or blinds
Replace incandescent bulbs with LEDs
Continued activity, began prior to discount
Began activity after receiving discount, do not recall program recommendation
Began activity after receiving discount, recall program recommendation
18.2
Packet Pg. 189 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 7
Figure 7. IQAP and LEAP Household Energy Intensity (kWh per Sq. Ft.)
²Revenue and Peak Usage: Determine the IQAP rate impact on revenue and assess
whether IQAP participants shifted consumption to off-peak hours.
Apex conducted the same analysis used to assess changes in electric energy consumption
associated with IQAP participation to assess changes in premise-level billing period revenue.
Figure 5 shows the pre-and-post IQAP period monthly revenue for IQAP participants,
matched LEAP non-participants, and a modeled full 23% reduction in revenue (consistent
with a 23% reduction in IQAP rates assuming no change to monthly consumption). The
average IQAP participant revenue showed a decline over the post-IQAP rate period between
the comparison non-IQAP LEAP group and the full 23% reduction. This is consistent with the
finding above that IQAP participants showed an increase in consumption and tells us that
revenue did not fall in lockstep with the rate reduction.
Figure 8. Monthly Revenue
Post Period
18.2
Packet Pg. 190 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 8
Apex further investigated on-peak period use between IQAP participating and non-
participating groups. We found that overall peak period use (as a percent of total monthly
use) is statistically higher for IQAP participants, as seen in Figure 6 below. IQAP participant
peak use is consistently higher than non-participants (both LEAP non-participants and all
other residential non-participating customers). We can conclude that IQAP participants,
during the post-IQAP rate period, showed consistent or higher on-peak usage relative to
non-participating LEAP customers, and therefore did not shift their consumption to off-peak
hours relative to non-participants.
Figure 9. Monthly On Peak Percent of Electric Energy Use
Conclusions
On average, IQAP households increased their energy consumption after receiving the
discounted rate. The Apex team’s analysis suggests that this increase in energy
consumption reflects households that are no longer as concerned about paying their energy
bills choosing to keep their homes at a more comfortable temperature.
Increased program engagement with IQAP participants did not offset increases in energy
consumption due to the discount, likely because there is limited remaining energy savings
potential from behavioral and low-cost measures in IQAP participants’ homes. IQAP
participants, and particularly those whose energy consumption increased, are energy
conscious, making and increasing efforts to save energy. They are also aware of, and have
participated in, efficiency program offerings and undertook most of the energy saving
behaviors Utilities recommended. Thus, there may be little opportunity for significant,
additional energy savings in IQAP participants’ homes short of equipment replacement and
building upgrades, which face significant cost and split incentive barriers in a low-income
population with a high proportion of renters.5F
6
6 Split incentive barriers occur when the entity responsible for bearing the upfront cost of an efficiency
improvement (e.g., a landlord) is separate from the entity that benefits from the resulting energy cost savings (e.g.,
an individually metered tenant).
Summer period
18.2
Packet Pg. 191 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
AAPEX ANALYTICS Page | 9
The Apex team’s analysis of household energy use intensity (EUI) is consistent with these
findings. IQAP participants in the two most common housing types (single family detached
homes and multifamily apartments) used less energy on a per-square-foot basis than
similar income-qualified households. While single family detached and multifamily IQAP
participants’ EUI increased after receiving the discount, it remained below that of the
comparison households.
18.2
Packet Pg. 192 Attachment: Apex Analytics Memo (10414 : IQAP Update and Program Changes)
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ATTACHMENT 3 18.3
Packet Pg. 193 Attachment: Digital Access and Equity Outreach Update Memo (10414 : IQAP Update and Program Changes)
CURRENT OUTREACH
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18.3
Packet Pg. 194 Attachment: Digital Access and Equity Outreach Update Memo (10414 : IQAP Update and Program Changes)
AFFORDABLE HOUSING BOARD
REGULAR MEETING DRAFT
Thursday, May 6, 2021, 4 PM
Remote/Online via ZOOM
5 /6 /2021 – MINUTES Page 1
1 CALL TO ORDER
At 4:03 PM the meeting was called to order by Kristin Fritz.
2 ROLL CALL
a Board Members Present: Diane Cohn, Kristin Fritz, Bob Pawlikowski, Tatiana Zentner,
Daphne Bear, John Singleton
b Board Members Absent: Jennifer Bray
c Staff Members Present:
▪Sue Beck-Ferkiss, Staff Liaison – City of Fort Collins
▪Kleena Brown, Minutes – City of Fort Collins
▪Meaghan Overton (joined in progress) – City of Fort Collins
d Citizens Present:
▪Marilyn Heller
3 AGENDA REVIEW - no changes
4 CITIZEN PARTICIPATION
a Marilyn Heller mentioned Legal Woman Voters Affordable Housing Team will have
Thistle’s Andy Kadlec as a guest speaker for their Thursday, May 13th meeting. Thistle
helps mobile home parks residents buy their park. Andy Kadlec will discuss the possible
purchase of Hickory Village. The owner has an offer for $23 million to buy the park, and
residents have 90 days for opportunity to purchase. The residents have 90 days to make
and offer come up with financing plan.
5 APPROVAL OF MINUTES
Bob moved to approve April minutes.
John seconded. Approved 6-0.
6 NEW BUSINESS
a Income Qualified Assistance Program Update and Proposed Changes – Jamie
Gaskill and Brian Tholl - City Utilities Department
▪Extend IQAP pilot program (discounted rate program) another 3 years - set to
expire July 31, 2021
o Estimated six thousand more utilities customers could benefit from program
ATTACHMENT 4 18.4
Packet Pg. 195 Attachment: Affordable Housing Board Minutes (draft) (10414 : IQAP Update and Program Changes)
AFFORDABLE HOUSING BOARD
REGULAR MEETING
5 /6 /20 2 1 – MINUTES Page 2
o Average $200 annual utility bill savings
o First year of program did see approximately 5% increase in energy use from
discounted rate customers versus income qualified customers who were not
enrolled
▪ Move to auto-enroll process/opt-out program instead of an application based/opt-in
program.
o Benefits to auto enroll: customer focused program thus reducing barriers;
shortens process; reduces admin time; gives option to opt out; could almost
doubles participation of residents
o Proposed start date at beginning of October
DISCUSSION AND FEEDBACK SUMMARY:
▪ Participants must initially apply for Colorado’s Low-Income Energy Assistance
Program (LEAP) even if in auto enroll.
▪ Jaime confirmed that even if customer increased energy use, they still saved
money on bills.
▪ Customers largely reported increase comfort in homes, and security in ability to
pay bill
▪ Full paying users saw conservation of 1.5 to 2%.
▪ Auto enrollment may ease the burden of income qualified folks who typically have
a lot of forms/applications to fill out
▪ Qualifications for LEAP:
o 60% > state median income
▪ Factors, like the pandemic, contributed to 4% increase overall in energy use.
o These factors likely distorted the outcome of the pilot program
▪ Board members discussed extending the pilot to evaluate program
o Hope to have better data
Bob moved to recommend to Council that the IQAP pilot be extended by 3 years and to move
from an application-based system to an auto enroll system. Tatiana seconded. Motion passes
6-0.
b Update on Fee Credit Requests and Metro District policy - Sue Beck-Ferkiss
▪ Fee Credit Requests
Board members were thanked for their recommendation to support fee credit
requests. Sue stated that they have received what was expected in terms of
requests and will forward it on to Council consideration on May 18. Currently
scheduled for consent but could be a discussion item. Council Finance
Committee also recommended supporting the fee credit requests.
o Two different projects:
▪ Oak 140 – 7 qualifying new units ($90k in fee credits)
▪ Cadence by Volunteers of America – 18 qualifying units ($250k in fee
18.4
Packet Pg. 196 Attachment: Affordable Housing Board Minutes (draft) (10414 : IQAP Update and Program Changes)
ENERGY BOARD
REGULAR MEETING
3.To advise the City Council and staff regarding the alignment of energy programs and policies with
City, ratepayer and community values and service delivery expectations.
4.To advise the City Council and staff regarding the recommendations for improvements to City
energy systems.
5.To coordinate with other City boards and commissions regarding energy issues.
6.To advise the City Council and staff regarding budgetary, rate-making, and operational matters
related to the electric utility.
7.To annually review and provide advice to City Council and staff on the City's Legislative Policy
Agenda regarding energy and energy-related carbon issues.
Board member Tenbrink wondered what type of person within the community (not a specific individual)
would best support this role and the principles the Energy Board is driving toward? Board member
McFaddin said a person experienced in energy policy, any community member with similar experience
would better serve the Board of Directors so that they can influence policy, not operations. Board member
Braslau said he doesn’t think it is a question of who or what, but rather is it a conflict of interest to appoint
someone who oversees the setting and execution of policy. He noted that in both public and private
sectors, boards do not have employees involved in setting policy.
Ms. Connor said the City Manager will begin to actively recruit a new Utility Director starting in June. She
noted that the City pays them $95 to $100 million per year, they are an extension of our system. The
marriage of operation and policy is critical and unique to our municipal government, like the Poudre Fire
Authority board, in which the City Manager also serves. Poudre Fire Authority (PFA) is an extension of the
City’s services and having Mr. Atteberry serve on the board creates continuity and strengthens the
relationship between PFA and the City. Ms. Connor also sits on the Boxelder Basin Regional Stormwater
Authority Board along with an elected official. The lines are blurring, and the management of these
relationships is nuanced.
Board member Gould is sympathetic to the separation of policy and operation, but he is unsure how the
selection would work to find someone who is experienced in energy policy who also knows the depth and
detail of the City’s Our Climate Future plan. Board member McFaddin said she is aware of several
community members, herself included, are willing to fill the role.
Some Board members agreed that the Board of Director’s seat should be policy based, however nuanced
the role and relationships might be. Some felt they hadn’t given this topic enough consideration ahead of
tonight’s discussion, and some felt that a balance of both policy and operation would be beneficial.
Board member Tenbrink said when he served on the utility board in his previous municipality, the Utility
Director served on the Board as a non-voting member. Board member Braslau agreed it would be
beneficial to have the directors be non-voting members, but that would require a change to the Organic
Contract. Board member McFaddin said it would be great to offer that suggestion to Mayor Arndt and City
Council. Board members Braslau and McFaddin said they would be glad to draft a memo on behalf of the
Energy Board, with Chairperson Becker’s final approval, to communicate the Board’s concerns and
summarizing their discussion from this evening.
UTILITIES INCOME-QUALIFIED ASSISTANCE PROGRAM UPDATE &
PROPOSED CHANGES
Jamie Gaskill, Senior Supervisor, Community Engagement
Brian Tholl, Senior Supervisor, Energy Services
(attachments available upon request)
ATTACHMENT 5 18.5
Packet Pg. 197 Attachment: Energy Board Minutes (10414 : IQAP Update and Program Changes)
ENERGY BOARD
REGULAR MEETING
The Utilities Affordability Portfolio of programs is structured in a way that helps customers reduce their
utility burdens, or the percentage of their incomes spent on utilities. Utilities takes a three-pronged
approach to serving income-qualified customers and helping to reduce their utility burdens: Payment
Assistance (through reduced rates or emergency payment assistance), home efficiency (retrofit programs
to make the home more efficient so it uses less energy and/or water), and efficiency practices (teaching
customers behaviors to help reduce their use so they can save resources and money).
Utilities’ Affordability Programs are structured to support the three-pronged model. Income-Qualified
Assistance Program (IQAP), Medical Assistance Program (MAP), and Payment Assistance Fund (PAF)
all support the Payment Assistance prong. Larimer County Conservation Corps (LCCC) Water and
Energy Program and Colorado Affordable Residential Energy (CARE) both support the efficient home
prong.
The IQAP is an opt-in Program that offers a 23% discount on Utilities services. The statewide LEAP
program acts as the City’s eligibility criteria, so when a customer is LEAP-qualified they are automatically
eligible for IQAP. At this time, the customer is required to apply through an application process through
the Utility to be enrolled in IQAP. This program was approved by City Council and launched in October
2018, in conjunction with the City’s new Time of Day rate structure. The IQAP rate will expire on July 31,
2021 if no action is taken. When the program was approved, the projected number of participants was
2,000 and the annual benefit to customers was estimated at $435,000. The actual participation and
benefits in 2019-2020 were 717 customers, $141,000. From a revenue perspective, there is a per-
customer savings of about $200. Interestingly, program participants are using about 5% more energy
than they were prior to receiving the discount. The increased energy use is consistent with changing a
thermostat setting 2-3 degrees or running an additional load of laundry each week.
Ms. Gaskill said staff is looking for feedback on two issues related to IQAP with City Council: Should the
IQAP rate pilot be extended for another 3 years (a total of five years), aligning with Utilities annual rate
ordinance, and should IQAP be an auto-enroll/opt-out program, as opposed to an application-based/opt-
in program?
Staff had a lot of engagement in the first two years of the IQAP pilot, but COVID impacted their ability to
analyze the effects of the programs. Staff hopes Council will consider an extension so that Utilities will be
able to seek to enroll more customers and utilize the findings from the program to tailor engagement and
behavior-change education.
Currently IQAP is an application-based program where LEAP-enrolled Fort Collins Utilities Customers are
sent an invitation to apply for the program on an annual basis. This method has resulted in Utilities
enrolling approximately 50% of possible program participants. If the program is switched to auto-enrolling
it will help remove barriers to entry for low-income customers. It would also reduce the amount of staff
time spent enrolling customers, which may allow Utilities to spend more time engaging with customers
and increase their reach. Additionally, more program participants will increase the accuracy of evaluation
for the program, because while the data for prior evaluations was statistically significant, a bigger sample
size will strengthen the validity of the data. Staff is proposing starting the auto-enroll approach with the
2021-2022 season, which will begin October 1, 2021, to align with LEAP program year. Staff is projecting
that the auto-enroll approach would result in just under 1,400 program participants, bringing the program
much closer to its planned participation of 2,000 customers.
Board member Tenbrink said he supports the auto-enroll option and hopes it will be approved by Council.
Board member Braslau agreed, he said he was surprised the program didn’t launch with an auto-
enrollment option. He added that even with auto-enroll, the program’s reach falls short of the estimated
18.5
Packet Pg. 198 Attachment: Energy Board Minutes (10414 : IQAP Update and Program Changes)
ENERGY BOARD
REGULAR MEETING
8,000 people who need help and are excluded by LEAP for one reason or another. Ms. Gaskill noted that
the 8,000 people are estimated under the Utilities Affordability Programs Portfolio as a whole, and many
of the programs within the portfolio have different income qualifications.
Chairperson Becker noted that the dead-period outside of the LEAP enrollment period is still a problem
since that is the only way to qualify for the program. He wondered if someone falls into a bad situation,
like if they lost their job, what short term options are available to help fill the gap. Ms. Gaskill said the PAF
can help for situations like that, it is a one-time assistance option with an income-qualification of 80% of
the area median income.
Board member Braslau said the increased energy use from customers participating in IQAP is to be
expected, many were likely underheating or underutilizing their utility services to save money and are
likely now just meeting their needs at a regular standard of comfort. He cautioned to make sure to not
shame customers for not conserving when they are simply meeting a need that was previously stymied.
Board member Braslau moved the Energy Board recommends City Council support the extension
of the IQAP rate pilot an additional three years and aligning it with the Utilities’ fall rate ordinance.
Board member Moore seconded the motion.
Discussion:
No additional discussion.
Vote on the motion: It passed unanimously 8-0
Board member Tenbrink moved the Energy Board recommends City Council support changing
IQAP from an application-based/opt-in program to an auto-enroll/opt-out program.
Board member Giovando seconded the motion.
Discussion:
No additional discussion.
Vote on the motion: It passed unanimously 8-0
PRELIMINARY 2022 BUDGET PLANNING
Adam Bromley, Director, Operations & Technology, Utilities Light & Power
(attachments available upon request)
Mr. Bromley explained how the budget process evolved in the face of the COVID-19 pandemic. Typically,
the City plans a two-year budget, and that process occurs every two years (ex: plan the 2019-2020
budget in 2018). The Budgeting for Outcomes (BFO) process alternates with updates to the ten-year
Capital Improvement Plan (CIP). The CIP helps to inform the budget offers staff will right for the next BFO
process. The pandemic disrupted this process and condensed both BFO and CIP work into a single year;
in 2020 staff created a one-year budget for 2021, and then in 2021 staff worked to update the CIP for
2023-2032 while concurrently working on another one-year budget for 2022.
Staff submitted their first round of draft offers on April 26, and then City BFO teams worked to review
those offers and ask clarifying questions between April 29 and May 26. Offer narratives were published
on May 10, and staff has begun community outreach, which will last through mid-summer. Staff will
submit a second round of offers with the BFO teams’ and community’s input between May 27 and June 4,
18.5
Packet Pg. 199 Attachment: Energy Board Minutes (10414 : IQAP Update and Program Changes)
Excerpt from Unapproved DRAFT MINUTES WATER COMMISSION
REGULAR MEETING
May 20, 2021, 5:30 p.m. – 7:30 p.m.
via Zoom
0 5/20/202 1 – Excerpt from Unapproved DRAFT MINUTES Page 1
Utilities Income-Qualified Assistance Program Update and Proposed Changes
Utilities Program Specialist Supervisor Jamie Gaskill and Energy Services Supervisor Brian
Tholl, Utilities Affordability Programs (UAP) staff, provided an update on UAP impact in 2020
and on the in-depth analysis that was conducted on the effectiveness of the Income-
Qualified Assistance Program. They presented proposed changes to UAP programs and will
motion for Water Commission and Energy Board to recommend that City Council adopt the
proposed changes.
Discussion Highlights
A commissioner recalled that several years ago, the UAP team proposed to reach a
maximum of 2,000 accounts through the Income-Qualified Assistance Program (IQAP), but
inquired how it’s potentially estimating 8,000 accounts per a slide in the presentation. Ms.
Gaskill responded that the number actually includes five separate programs rather than just
the IQAP. Later slides showed that for IQAP, the planned participation was for 2,000, while
the actual was 717, from which a commissioner calculated that the average discount was
about $16 a month, or about $200 a year. The commissioner also inquired if this was just for
water, which Mr. Tholl clarified that it was for water, wastewater, and electric utilities. The
commissioner also wondered aloud on the different circumstances between homeowners
and renters, and how the IQAP may have unforeseen impacts on them differently. A
commissioner wondered about the end goal to assist low-income households, and found
that the pilot may seem arbitrary as it’s currently defined, noting that the program may gain
more support with a better-defined goal. Mr. Tholl and Ms. Gaskill touched on how the City
is forming an Equity Office with more efforts to establish metrics for equitable service
delivery, which is likely to include efforts that lighten the disproportionate utilities burden on
low-income customers. In addition, they explained that the City is working to streamline low-
income program offerings across the organization. Interim Utilities Executive Director
Theresa Connor commented that that this program is a pilot, and it’s shedding light on the
needs, which help to define the goal. A commissioner shared that it seems like a bad idea to
make it an auto-enroll program simply to double the number of participants, and should
make customers apply and make a justification to qualify beyond LEAP, e.g. credit card
usage to show that they’re not monetarily irresponsible. The commissioner would not like to
see it become a permanent program that leads customers to perpetually rely on government
assistance. Another commissioner commented that the program does in fact seem like a
good program to serve the low-income customers of the city. Another commissioner noted
that this serves 2-3% of the population based on the number of residential electric premises
in the community. Another commissioner inquired if the auto-enroll option would help
families who are working several jobs and also reduce staff time needed to run the program,
which Ms. Gaskill confirmed. Another commissioner inquired about the number of CSU
student participation in the program, which Ms. Gaskill will follow up with demographic
ATTACHMENT 6 18.6
Packet Pg. 200 Attachment: Water Commission Minutes (draft) (10414 : IQAP Update and Program Changes)
WATER COMMISSION
REGULAR MEETING
05/20/2021 – DRAFT MINUTES Page 2
information.
Commissioner Brown moved that the Water Commission recommend City Council
support the extension of the IQAP rate pilot an additional three years and align it with the
Utilities’ fall rate ordinance.
Commissioner Eldridge seconded the motion.
Vote on the Motion: it passed unanimously, 10-0.
Commissioner Brown moved that the Water Commission recommend City Council
support changing IQAP from an application-based/opt-in program to an auto-enroll/opt-out
program.
Chairperson Bruxvoort seconded the motion.
A commissioner approved auto-enrollment and commented that it would be good to
eliminate the possibility of those who need the program to fall to the wayside if they don’t
find the opportunity to apply.
Vote on the Motion: it passed 9-1 with Commissioner Primsky voting against as he’d like to
see participants apply and provide justification.
18.6
Packet Pg. 201 Attachment: Water Commission Minutes (draft) (10414 : IQAP Update and Program Changes)
Utilities Income-Qualified Assistance Program
Update and Proposed Changes
Jamie Gaskill, Utilities -Community Engagement
Brian Tholl, Utilities –Energy Services 1
ATTACHMENT 7 18.7
Packet Pg. 202 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Agenda
1.Overview of Utilities Affordability
Portfolio
2.Income-Qualified Assistance
Program Background and Impact
3.Issues for Consideration
4.Discussion
2
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Packet Pg. 203 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
3Utilities Affordability Portfolio
Payment
Assistance
Efficient
Home
Efficient
Practices
Lower Utility
Costs
How We Help Income-Qualified Customers Reduce Utility Costs
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Packet Pg. 204 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Payment
Assistance
Fund
(One-Time
Assistance)
4
Colorado
Affordable
Residential
Energy
(Deep Retrofits)
Income-
Qualified
Assistance
Program
(Discounted
Rate)
Medical
Assistance
Program
(Discounted
Rate)
LCCC Water
and Energy
Program
(Basic Retrofits)
Utilities Affordability Programs (UAP)
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Packet Pg. 205 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
5Utilities Affordability Program Impact
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
Actual in 2020 Estimated Potential Reach
Number of Participants for Al l UAP Programs
(IQAP,MAP,PA F,LCCC and CARE)
6,000*
more
Utilities
customers
could
benefit from
UAP
6,000*
more
Utilities
customers
could
benefit from
UAP
8,000*
2,000*
*Estimated using a city-wide poverty rate of ~12%, based on Census Bureau data combined with controlling for the student population in
Fort Collins (City Rebates Eval Report, 2019).
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Packet Pg. 206 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
IQAP Background
•Strategic Objective Alignment:
•NLSH 1.3: Improve accessibility of City and
community programs to low-and moderate-income
residents and increase participation in services to
eligible income-qualified residents.
•Our Climate Future Alignment:
•Equity focused implementation, seeking solutions
that address a spectrum of needs in our community.
•Next Move EEFB5:Provide focused energy
efficiency and indoor air quality incentives for
historically under-served households.
•Program launched in October 2018 in conjunction with
Ti me-of-Day electric pricing
•LEAP-enrolled customers eligible to apply for reduced-
rate on select utilities services
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Income-Qualified
Assistance
Program
(Discounted Rate)
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Packet Pg. 207 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Public Utilities Commission (PUC) Direction to Investor-Owned Utilities
Under PUC rules 3412 (electric)
and 4412 (gas), utilities that serve Colorado
retail customers “shall provide low-income
energy assistance by offering rates, charges
and services that grant a reasonable
preference or advantage to residential low-
income customers,” as permitted by state
statute (§40-3-106,C.R.S.).*
7
*Fort Collins Utilities is not an investor-owned utility and is not required to follow PUC direction, however, Utilities often reviews PUC
recommendations for best practices in the utilities industry.
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Packet Pg. 208 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
IQAP Background
•Engagement
•Monthly Utilities Insights newsletter
•Direct customer engagement at events and
through targeted outreach
•Outreach to agencies
•Evaluation
•Pre-and post-program surveys
•Billing analysis (year one)
•In-depth customer survey (year one)
•IQAP rate set to expire July 31, 2021
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Packet Pg. 209 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
9IQAPPlanned vs. Actual Impact
*Council Approved in 2018
**Average annual participation and benefit for 2019-2020
Participation Annual Customer
Benefit
Planned*2,000 $441,000
Actual**717 $141,944
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Packet Pg. 210 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
•Enrollment
•# of participants
•% of eligible participants enrolled
•% of budget utilized
•Average annual utility bill savings
•Participant electric and water use
•Participant engagement
•% of participants aware of conservation offerings
•# of participants utilizing conservation programs
•% of participants engaging with Insights newsletter
(open and click-through rates)
•% of participants reporting feeling confident in their
ability to afford their utility bills
Program Metrics 10
Evaluation Measures
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Packet Pg. 211 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Billing Analysis Findings
•Average annual utility bill savings: $200
•Energy use: 380 kWh/year (5%) increase
•Wa ter use: no statistical change
Customer Survey Findings
•33% response rate
•76% have participated in or are aware of
programs
•86% report being more secure in ability to
pay bill
IQAP Billing Analysis & Customer Survey 11
Program Evaluation Highlights: Ye ar 1 of Program
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Packet Pg. 212 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Issues for Consideration
1.Extend IQAP rate pilot another year
(for a total of 4 years) and align with
Utilities’annual rate ordinance.
2.Make IQAP an auto-enroll/opt-out
program instead of an application-
based/opt-in program.
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Packet Pg. 213 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
13Extended IQAP Rate Pilot
•Continue targeted engagement and enrollment with low-income population
•Ta ilor methods based on findings from prior billing analysis and
participant surveys
•Enrollment target of 1,300-1,500 customers
•Execute ongoing analysis of program impact
•Consideration given for COVID impact
•Evaluate behavioral efficiency and conservation alignment
•Evaluate and quantify other benefits
•Additional research and analysis
•Evaluate discount percentage amount using new census data
•Analyze best practices from other municipal utilities
•Examine impacts of expanding enrollment entry points in addition
to LEAP
•Review findings with Council in fall 2022
Next Steps for IQAP Pilot Extension
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Packet Pg. 214 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
14
IQAP Auto-Enroll/Opt-Out
Customer is
approved
for LEAP
LEAP List Sent
to Utilities
LEAP List Sent
to Utilities
Customers
Bulk Enrolled
onto IQAP
Rate*
Customers
Invited to Apply
for IQAP Vi a
Paper or
Online
Application
Staff Process
Returned
Applications
and Enroll
Customers
onto IQAP
Rate
Customer
Notified of
Enrollment and
Additional
Engagement
Begins
Auto-EnrollApplication-based EnrollmentCustomer
Notified of
Enrollment and
Additional
Engagement
Begins
*Enrollment via application option would still exist for LEAP-enrolled customers who move into service area outside
of timeframe that auto-enrollment would take place.
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Packet Pg. 215 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
•Customer-focused program design (reducing
barriers)
•Reduced administrative time during enrollment
•Increased opportunity to engage customer
segment
•Increased sample size positively impacts
program evaluation accuracy
•Integration with city-wide income-qualified efforts
•Proposed start: 2021 IQAP Season
15
Considerations for Auto Enrolling Participants
IQAP Auto-Enroll/Opt-Out
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Packet Pg. 216 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
16IQAPActual vs. Projected Impact
*Council approved in 2018
**Average annual participation and benefit for 2019-2020
***Based on estimated 98% auto enrollment of all LEAP-enrolled customers
Participation Annual Customer
Benefit
Planned*2,000 $441,000
Actual**717 $141,944
Projected with
Auto Enroll***1,372 $272,342
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Packet Pg. 217 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
Group Outcome
Affordable Housing Board Pilot extension -supported
Auto enroll -supported
Energy Board Pilot extension -supported
Auto enroll -supported
Wa ter Commission Pilot extension -supported
Auto enroll -supported
Council Finance Committee
Pilot extension –supported
Auto enroll –supported
Feedback incorporated
17Boards, Commissions and Committee Feedback
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Packet Pg. 218 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
18Adoption Consideration
Does Council wish to adopt an ordinance on First Reading
that amends Code to extend the IQAP rate pilot one
additional year and makes IQAP an auto-enroll/opt-out
program instead of an application-based program?
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Packet Pg. 219 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
For Questions or Comments, Please Contact:
Jamie Gaskill, Utilities Community Engagement
jgaskill@fcgov.com | 970-416-4338
THANK YOU!
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Packet Pg. 220 Attachment: Powerpoint Presentation (10414 : IQAP Update and Program Changes)
-1-
ORDINANCE NO. 091, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
RELATED TO WATER, WASTEWATER AND ELECTRIC RATES, FEES, AND CHARGES
APPLIED UNDER THE INCOME-QUALIFIED ASSISTANCE PROGRAM
WHEREAS, the City Council is empowered and directed by Article XII, §6 of the Fort
Collins City Charter, to by ordinance from time-to-time fix, establish, maintain and provide for
the collection of such rates, fees or charges for utility services furnished by the City as will
produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein;
and
WHEREAS, the current rates, fees or charges for utility services set forth in Chapter 26
of the City Code are necessary to produce sufficient revenues to provide the utility services
described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services as proposed
for adjustment herein shall be used to defray the costs of providing such utility services as
required by the Charter and the City Code; and
WHEREAS, on May 1, 2018, City Council adopted Ordinance No. 054, 2018, creating
the Income-Qualified Assistance Program (“IQAP Program”) including eligibility, components,
requirements, and discounted utility service rates for residential water, wastewater, and electric
services furnished by respective enterprises of the City (the “IQAP Rates”), as codified in
Articles III, IV, and VI of Chapter 26 of the City Code; and
WHEREAS, the initial IQAP Rates were adopted for a limited period of time expiring
July 31, 2021 such provisions require extension to remain in effect after that date; and
WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the
Code where consolidation and clarification of IQAP Program eligibility and practices are
required to better align with City Council priorities, market efficiencies and utility practices; and
WHEREAS, the City Manager and Utilities staff have also recommended to the City
Council that City Code be clarified to align the applicable period for IQAP Rates with the
applicable periods for other City utility rates; and
WHEREAS, the Energy Board considered proposed City Code adjustments for the IQAP
Program and Rates at its May 13, 2021, regular meeting and recommended approval of the
proposed adjustments; and
WHEREAS, the Water Commission considered the proposed City Code adjustments for
the IQAP Program and Rates at its May 20, 2021, regular meeting, and recommended approval
of the proposed adjustments; and
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WHEREAS, the City Council Finance Committee considered the proposed City Code
adjustments for the IQAP Program and Rates at its June 16, 2021, regular meeting and staff
included the Committee’s feedback in the final adjustments proposed herein; and
WHEREAS, the proposed extension of the IQAP Rates and adjustments to the IQAP
Program benefit the public's health, safety and welfare and serve a utility purpose that benefits
the rate payers by improving conservation practices through outreach and education; improving
the rate of on-time payment of utility bills and reducing billing operation expenses, consistent
with the purposes of Article XII, §6 of the City Charter; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust customer eligibility for the IQAP Program and IQAP Rates for electric and
water, and wastewater services as set forth herein.
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. Section 26-724(b), (c) and (d) of the Fort Collins City Code are hereby
amended to read as follows:
Sec. 26-724. - Residential income-qualified assistance program.
. . .
(b) Qualification. As set forth in this Section, a an opt-out discount on certain components of
City utility service rates applied under this Chapter shall be available for qualified customers
who satisfy the following criteria:
. . .
(c) Enrollment. Customers may begin receiving the discounts described in this Section
through the following methods:Applications. Applications for discounts under this Section must
be submitted annually in accordance with an administratively established schedule available
from the Fort Collins Utilities.
(1) Auto enrollment; opt-out. Customers identified by the Utility as qualified based
on subsection (b) above shall be automatically enrolled in the program on an annual basis
and receive the discounted service rates set forth in subsection (d) below. The Utility may
rely on current enrollment in LEAP to qualify customers without requiring a program-
specific application. Any customer who does not wish to receive such discount m ay
contact the Utility customer service office to request removal from (i.e. “opt-out” of) the
program created by this Section; and
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(2) Application. Customers not otherwise automatically enrolled may enroll in the
program via an application, provided the customer’s enrollment in LEAP can be verified.
(d) Rates. The discounts applied to monthly base and volumetric rates for qualified IQAP
customers shall be as set forth in Sections 26-127(a), 26-280, 26-464(c), and 26-465(c) of this
Code on meter readings during the period of August 1, 2021, through July December 31, 2022
(beginning October 1, 2018 and ending July 31, 2021).
. . .
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Honore Depew, Interim Policy and Project Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2021-074 Expressing Council's Intent and Direction Regarding Remote Work Sessions.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a Resolution expressing Council’s intent and direction regarding remote
work sessions. This Resolution sets a consistent expectation for the format of Council work sessions;
Alternative 1 makes remote participation the default format while Alternative 2 makes in-person participation
the default.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since the COVID-19 local emergency was declared in March 2020, Council has conducted many remote
meetings. During that time, Councilmembers and staff have developed aptitude and comfort with remote
technology. Having Council declare its preference for a default format will provide consistency and manage
expectations for participants and the public, allowing the City Manager to plan and arrange for future work
sessions. The City Manager, Mayor, and Mayor Pro Tem prepare the logistics of each Council meeting and
can recommend an exception to the default format for any given work session.
The City Attorney’s Office has prepared a resolution for Council consideration that includes two alternatives for
discussion. Alternative 1 makes remote participation the default format while Alternative 2 makes in -person
participation the default. Individual Councilmembers may choose to participate in any work session using
remote technology by making a request for remote participation in advance of the work session.
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RESOLUTION 2021-074
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING COUNCIL’S INTENT AND DIRECTION
REGARDING REMOTE WORK SESSIONS
WHEREAS, since March 2020, the City Council has conducted many work sessions and
regular meetings using remote technologies due to the COVID-19 local emergency and related
public health recommendations; and
WHEREAS, during that time, members of the public, Councilmembers and City staff
have developed familiarity with the tools for remote participation; and
WHEREAS, the Council recognizes the increased accessibility remote participation
affords to many members of the public, particularly where public comment and input is invited;
and
WHEREAS, as public health recommendations related to COVID-19 and local
circumstances have evolved, the Council has at times returned to meeting in person at City Hall,
while continuing to allow remote participation by Councilmembers, the public and City staff;
and
WHEREAS, the City Manager, working with the Mayor and the Mayor Pro Tem, and
others on staff, plans and prepares for Council meetings and work sessions based on the
circumstances and agenda for each meeting; and
WHEREAS, some Councilmembers have expressed a preference for continuing to
conduct work sessions using remote technologies, except as circumstances otherwise dictate; and
WHEREAS, this Resolution will establish Council’s intent and give direction to the City
Manager regarding the remote work sessions, to enable the City Manager to plan and arrange for
work sessions going forward.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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.
ALTERNATIVE 1 (default remote):
Section 2. The Council hereby expresses its intent that Council work sessions will be
conducted using remote technology for all participants, except that the City Manager may, after
consultation with the Mayor and with the Mayor Pro Tem, determine that it will be advantageous
to conduct a work session in person in a specified location in light of the agenda or other events
or circumstances related to that particular work session. Any such determination must be made
and communicated to all of Council and to the public no less than seven days in advance of the
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in-person work session. Individual Councilmembers may choose to participate in any work
session using remote technology, provided a request for remote participation is made to the City
Manager no less than three hours in advance of the work session.
ALTERNATIVE 2 (default in-person):
Section 2. The Council hereby expresses its intent that Council work sessions will be
conducted in person in a location determined by the City Manager, except that the City Manager
may, after consultation with the Mayor and with the Mayor Pro Tem, determine that it will be
advantageous to conduct a work session using remote technologies in light of the agenda or other
events or circumstances related to that particular work session. Any such determination must be
made and communicated to all of Council and to the public no less than seven days in advance of
the in-person work session. Individual Councilmembers may choose to participate in any work
session using remote technology, provided a request for remote participation is made to the City
Manager no less than three hours in advance of the work session.
Section 3. The direction stated in this Resolution shall continue in effect until such
time as Council acts to modify or terminate it.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of July, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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