HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/20/2021 - 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 20, 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 Declaring August 7, 2021 as Sister Mary Alice Murphy Day.
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
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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 15, 2021 Regular Meeting and the June 22,
2021 Adjourned Meeting.
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting and the June
22, 2021 Adjourned meeting.
2. Second 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.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $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.
3. Second 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.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $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.
4. Second 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.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, provides 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.
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5. Second Reading of Ordinance No. 088, 2021, Annexing the Property Known as the Northeast
Frontage Road Annexation to the City of Fort Collins, Colorado.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, requests 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.
6. Second 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.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, 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.
7. Second 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.
This Ordinance, unanimously adopted on First Reading on July 6, 2021, rezones 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.
8. First Reading of Ordinance No. 092, 2021, Appropriating Unanticipated Philanthropic Revenue
Received by City Give to Construct a Plaza at Sugar Beet Park for the Hand that Feeds Sculpture
Project.
The purpose of this item is to request appropriation of $67,850 in philanthropic revenue received by
City Give for the Capital Projects Fund, Park Planning & Development, Community Services per the
intent of the donors: Mujeres de Colores and the Downtown Development Authority. The funds are
designated for the construction and installation of a plaza for The Hand That Feeds, a bronze sculpture
commemorating Mexican and Hispanic laborers who worked the sugar beet fields of Northern
Colorado, that Mujeres de Colores intends to donate to the City.
9. First Reading of Ordinance No. 093, 2021, Appropriating Unanticipated Philanthropic Revenue
Received by City Give from Bohemian Foundation for the Art in Public Places Program.
The purpose of this item is to consider an appropriation of $45,193 in philanthropic revenue received
by City Give for the Art in Public Places program in the Cultural Services and Facilities Fund. This
grant award was received from Bohemian Foundation for the designated purpose of Pianos About
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Town, a collaborative effort among the City of Fort Collins Art in Public Places program, the Fort Collins
Downtown Development Authority, and the donor, Bohemian Foundation.
10. First Reading of Ordinance No. 094, 2021, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Drake and College Intersection Improvements Project and Related
Art in Public Places.
The purpose of this item is to appropriate $498,900 in Transportation Capital Expansion Fee (TCEF)
Fund reserves and $1,100 in Transportation Services Fund reserves to begin design and coordination
on the Drake and College intersection (the “Intersection”) improvements. This work must be done to
run concurrently with several active developments within the Urban Renewal Authority (URA) plan
area that are in the vicinity of the Intersection. In addition, this item will authorize the transfer of $5,000,
one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and
Facilities Fund for Art in Public Places (APP).
11. First Reading of Ordinance No. 095, 2021, Authorizing Conveyance of a Permanent Non-Exclusive
Utility Easement on Property Jointly Owned by the City and the City of Loveland at the Northern
Colorado Regional Airport for the Discovery Air Development.
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion of
Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland
and leased by Discovery Air, LLC, to allow for the installation and maintenance of electrical
infrastructure for the new Discovery Air development.
12. Resolution 2021- 076 Adopting the 2021 Larimer County Multi-Jurisdictional Hazard Mitigation Plan.
The purpose of this Resolution is to affirm participation by the City in the Larimer County Multi-
Jurisdictional Hazard Mitigation Plan (HMP). The purpose of a hazard mitigation plan is to identify and
prioritize mitigation efforts that can reduce or eliminate long-term risk to people and property from
disasters and other hazard generating events. Studies have found that hazard mitigation is extremely
cost-effective, with every dollar spent on mitigation saving an average of $6 in avoided future losses.
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. Staff Report: Natural Areas Visitation Update (staff: Zoe Shark)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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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.
13. Second 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. (staff: Carrie
Daggett; no presentation; 5 minute discussion)
This Ordinance, adopted on July 6, 2021 by a vote of 5-2 (Nays: Gutowsky, Ohlson), amends 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.
14. First Reading of Ordinance No. 096, 2021, Amending the City's Structure Plan Map to Conform to the
Rezoning of the Hughes Stadium Annexation Property to Public Open Lands. (staff: Clark Mapes,
Paul Sizemore; 5 minute presentation; 10 minute discussion)
The purpose of this item is to update the Structure Plan map to be consistent with the recent voter-
directed rezoning of the Hughes Stadium property as Public Open Lands (POL). The Structure Plan
map, and its associated land use designations called ‘Place Types’ are part of City Plan, the City’s
comprehensive plan. The Structure Plan provides a long-term framework for land use and
transportation to guide growth and change. This update to the Structure Plan map eliminates the
conflict with the POL zoning on the Hughes Stadium property and appropriately represents the
community’s land use direction.
15. First Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism Improvement District.
(staff: Clay Frickey; 5 minute presentation; 20 minute discussion)
The purpose of this item is for Council to consider establishing the Fort Collins Tourism Improvement
District (District). The District’s purpose is , “…to operate as a [tourism improvement district] charging
fees to the lodging businesses included within the District to fund and provide specific tourism services
and improvements for the benefit of the feepayers’ lodging businesses. These services and
improvements will be primarily used to increase room night sales for those lodging businesses.”
Council will hold a public hearing at second reading for the District on August 4, 2021, if this Ordinance
passes on first reading. The petition submitted for establishing the District meets the requirements
outlined in Article V of Chapter 22 of the City Code.
16. Resolution 2021-077 Adopting the 2021-2023 City Council Priorities. (staff: Kyle Stannert; 5 minute
staff presentation; 20 minute discussion)
The purpose of this item is to consider formal adoption of Council’s priorities for 2021-2023.
City of Fort Collins Page 8
17. Motion to Authorize an Internal Posting and Appointment Process for an Interim City Manager. (staff:
Teresa Roche; 5 minute presentation; 15 minute discussion
The purpose of this item is to consider a motion by Council to authorize an internal posting for an
Interim City Manager. On July 8, 2021, City Manager Darin Atteberry announced his resignation
effective August 20, 2021. A Council action considering the appointment of an Interim City Manager is
planned for August 4, 2021. Before that date, the City must post the opening internally to all City
employees as required by the Colorado Equal Pay for Equal Work Act.
Suggested motion for Council’s consideration:
“I move that City staff post no later than July 21, 2021, the opening for the Interim City Manager
position, including a salary range of [to be filled in], and any other information required by
Colorado law.”
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.)
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, Mary Alice Murphy was born to Clement and Julia Murphy in Moncton, New Brunswick
Canada, one of five children on August 7, 1931. Her path brought her to the United States at age 17 settling into the
Victory Noll Community in Huntington, Indiana; and
WHEREAS, Sister Mary Alice dedicated her life to serving others, seeing her family only occasionally,
her assignments took her to California, Ohio, Indiana, Michigan and Texas; and
WHEREAS, Sister Mary Alice earned a bachelor’s degree in Social Work at Siena Heights College in
Michigan, she landed in Colorado where she was awarded a master’s degree in social work from the University of
Denver and spent 10 years working for Catholic Charities; and
WHEREAS, Catholic Charities Services in Northern Colorado hired Sister Mary Alice as Director in 1983
when the City was approximately 80,000 residents and an undercurrent of concern that some citizens were facing
poverty in the “Choice City” was beginning; and
WHEREAS, Sister Mary Alice is a master convener and advocate for those facing poverty and
homelessness, her work began with a soup kitchen and shelter at Catholic Charities and continued with outreach
programs including CARE Housing, the Hand -up Cooperative, the Dedicated Navigator Program, Homeless
Prevention Initiative, and Homeward 2020. In 2009, the Sister Mary Alice Murphy Center for Hope was dedicated,
now managed by Homeward Alliance; and
WHEREAS, Sister Mary Alice Murphy was rumored to have been retiring a decade ago, she remains a
positive force in our community.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim August 7,
2021, as
SISTER MARY ALICE MURPHY DAY
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th
day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 9
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 15, 2021 Regular Meeting and the June 22, 2021
Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting and the June 22, 2021
Adjourned meeting.
ATTACHMENTS
1. June 15, 2021 (PDF)
2. June 22, 2021 (PDF)
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June 15, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: Atteberry, Daggett, Gula-Yeast
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry outlined Spanish interpretation options for the meeting.
Mayor Arndt discussed the meeting regulations related to COVID.
City Manager Atteberry stated Item No. 8, First Reading of Ordinance No. 083, 2021, Authorizing
the Conveyance of a Wastewater Easement on Larimer County Landfill Property to Larimer
County, has been amended to correct the location map.
The video providing public participation options was played.
• PUBLIC COMMENT
Eric Sutherland requested Council consider how the City is going to pay bonds by raising electric
utility rates to pay for Connexion. He suggested a citizen advisory board should be put in place to
provide direction to Council.
Anthony Asuega discussed the importance of raising the minimum wage in Fort Collins and urged
Council to adopt that as a priority.
Charlie Mesulian expressed concern about the funds raised in Mayor Arndt’s election.
Kristy Wygmans, Pour Brothers, spoke on behalf of eight restaurants on Linden Street and
discussed the importance of ensuring those restaurants to remain viable during the construction of
the Linden Street project.
Dave Wygmans, Pour Brothers, discussed the importance of ensuring Linden Street restaurants
remain viable during the construction of the Linden Street project. He requested the restaurants
be allowed to have outdoor dining in the extended sidewalks that are part of the project.
Gary Wockner, Save the Poudre, discussed the recently filed lawsuit against the City regarding its
use of the site plan advisory review (SPAR) process for the Northern Integrated Supply Project
(NISP). He stated NISP has no jurisdiction in the city and cannot do anything in the city without
permission of Council. He stated the use of the SPAR process violates the Land Use Code and the
Natural Areas Department’s easement policy.
Emily Gallishote discussed the importance of raising the minimum wage in Fort Collins and
encouraged Council to adopt it as a priority.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Gorgol requested staff address the concerns mentioned regarding the Linden Street
project during the presentation.
1.1
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June 15, 2021
City of Fort Collins Page 483
• CONSENT CALENDAR
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the May 18, 2021 Regular meeting and the May
25, 2021 Adjourned meeting. (Adopted)
The purpose of this item is to approve the minutes of the May 18, 2021 Regular meeting and the May
25, 2021 Adjourned meeting.
2. Second 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)
This Ordinance, unanimously adopted on First Reading on June 1, 2021, appropriates 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.
3. Second 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)
This Ordinance, unanimously adopted on First Reading on June 1, 2021, adopt s 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.
4. 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. (Adopted)
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.
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June 15, 2021
City of Fort Collins Page 484
5. First Reading of Ordinance No. 080, 2021, Making Suppl emental Appropriations for the
Restorative Justice Services Program. (Adopted)
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.
6. 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. (Adopted)
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.
7. First Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort
Collins Regarding Smoking Materials. (Adopted)
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.
8. First Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater
Easement on Larimer County Landfill Property to Larimer County. (Adopted)
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, becaus e all three have an
ownership interest in the property.
9. 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.
(Adopted)
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 proje cts 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.
10. Resolution 2021-068 Authorizing the Execution of the First Amendment to Intergovernmental
Agreement Regarding the Renovation and Redevelopment of Tenney Court North Alley and
West Oak Street Alley. (Adopted)
The purpose of this item is to request Council approval for the first amendment to an existing
Intergovernmental Agreement (IGA) between the City of Fort Collins and the Downtown Development
Authority (DDA) for renovation and redevelopment of Tenney Court North and West Oak Street Alleys.
The Amendment will authorize the DDA to install Alley Enhancements on City -owned property located
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at 144 North Mason Street, which contains the Civic Center Parking Structure and abuts Tenney Court
North Alley.
11. Resolution 2021-069 Authorizing the Execution of a Funding Agreement Between the City and
Housing Catalyst for a Loan of Funds from the Affordable Housing Capital Fund for the Oak
140 Development. (Adopted)
The purpose of this item is to consider a Resolution authorizing the execution of a funding agreement
between the City of Fort Collins and Fort Collins Housing Authority (Housing Catalyst) for a $610,000
loan of funds from the Affordable Housing Capital Fund for the construction of the Oak 140
development project.
12. Resolution 2021-070 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for a Multi -
Modal Option Program Grant to Fund the Purchase of Three Compres sed Natural Gas Buses.
(Adopted)
The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with
the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of
$908,091 in grant funds through the Statewide Competitive Pool of the MMOF (Multi-Modal Option
Program Funds) for fiscal year (FY) 2021. The MMOF grant funds will be used in part as a local match
for a FY 21 Congestion Mitigation and Air Quality (CMAQ) grant of $950,000 that Transfo rt was
awarded in 2016. Both the MMOF and CMAQ grants were appropriated through the 2021 BFO cycle
and are accounted for in the approved 2021 Transfort budget. Collectively, the two grants will fund
acquisition of three Compressed Natural Gas (CNG) Buses, including local match as required.
13. Resolution 2021-075 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Commission Decision Approving the Guardian Self -Storage Project
Development Plan PDP190020. (Adopted)
[Secretary’s Note: This Resolution was originally adopted as Resolution 2021-071 and changed after
adoption to correct a duplication in numbering.]
The purpose of this item is to make findings of fact and conclusions regarding the appeal of the
Planning and Zoning Commission decision to approve the Guardian Self-Storage Project Development
Plan. The appeal was heard by Council on June 1, 2021.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Ohlson requested staff ensure recycling and food waste collection, not solely trash
collection, are part of the alley projects approved per Item No. 10, Resolution 2021-068
Authorizing the Execution of the First Amendment to Intergovernmental Agreement Regarding the
Renovation and Redevelopment of Tenney Court North Alley and West Oak Street Alley.
• STAFF REPORTS
A. Staff Report: Linden Street Project Update (staff: Kyle Lambrecht, Brad Buckman)
Brad Buckman, Interim City Engineer, stated the Linden Street renovation project has been a
collaborative effort between the City, Downtown Development Authority (DDA), and Linden
Street businesses. He stated key goals of the project are connecting Old Town Square to the River
District, creating more flexible space along Linden Street, and complimenting the past while
planning for the future. He stated staff is considering options to extend the City’s outdoor dining
program and formulate a new City policy based on feedback received from the business
community and coordination with state regulations.
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Kyle Lambrecht, Project Manager, discussed the importance of the collaborative effort between
the City, DDA, area businesses, and the project contractor. He outlined the history of the project
noting it was delayed due to COVID. He stated intersection improvements have occurred in 2021
and the remaining improvements will occur in 2022. He showed renderings of the project and
photos of the intersection improvements.
Mayor Arndt asked if there were a state statute that would prevent the continuation of outdoor
dining and alcohol sales. Buckman stated temporary modifications of premises are in place
through the end of October which allows for the flexibility of the outdoor communal dining space.
He also noted staff is examining how to adapt the policy, per state regulations, to the downtown
area and Linden Street.
Mayor Pro Tem Gorgol stated she would like to look at something at the city level that would
allow the continuation of the outdoor dining options. She commended the work on the project.
Councilmember Gutowsky concurred with Mayor Pro Tem Gorgol and encouraged staff to look
at the continuation of outdoor dining options on Linden Street.
City Manager Atteberry commended the area businesses, the flexibility of the contractor, and the
work of Lambrecht and staff.
B. Staff Report: Connexion Transparency Update (staff: Ginny Sawyer, Erin Shanley)
Ginny Sawyer, Senior Project Manager, discussed the work that has occurred related to
transparency with the Connexion project and stated the latest piece of that work is a service area
map and address look-up feature.
Erin Shanley, Connexion Marketing Manager, detailed the service availability map feature on the
web site noting it was not intended to be interactive but is a larger view. She also detailed the
address look-up feature which utilizes real-time GIS data and allows residents to determine
whether their property is in the design, construction, or service available phase. She stated
residents are encouraged to sign up for email availability notification.
Councilmember Pignataro asked when full build-out of the system is to be complete. Shanley
replied it will be complete in the last quarter of 2022.
Councilmember Pignataro asked why that specific language is not included on the web page.
Sawyer replied the conclusion of the build process does not mean service will be available as there
are multiple steps between build out and being able to provide service.
City Manager Atteberry noted there is a July 13th Council work session on the Connexion topic
and stated he feels very good about the progress with both the build-out and take rates when the
system becomes live in an area. He stated this project will make Fort Collins one of, if not the
most, connected communities in the United States.
Councilmember Canonico commented on the enthusiasm for Connexion in her neighborhood and
on the quick response by the contractors when sprinklers are affected.
• COUNCILMEMBER REPORTS
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Councilmember Ohlson requested individuals speak closer to microphones to enable everyone to
hear.
Councilmember Pignataro reported on the Poudre Fire Authority change of command ceremony
and a reception for Council at the Global Village Museum.
Councilmember Gutowsky encouraged the public to visit the Global Village Museum. She
reported on the Fort Collins Police Service awards, on the fall groundbreaking for the new
behavioral health facility, and on a recent ice skating performance at EPIC.
Mayor Arndt reported on the Gasoline Lollipops performance at Spring Creek Gardens and on
participating in a FoCo Fondo gravel bike ride.
Mayor Pro Tem Gorgol noted Bike to Work Day is June 23.
Councilmember Peel reported on visits with groups on how to get involved in local government
and on visiting the Boards and Commissions for which she is the liaison.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
14. Second 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 on Second Reading)
This Ordinance, adopted on First Reading on June 1, 2021 by a vote of 5-1 (Nay: Ohlson), appropriates
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 apportionments 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.
Drew Brooks, Transit Director, stated this ordinance would appropriate two pieces of grant
funding, one from the Coronavirus Response and Relief Supplemental Appropriations Act
(CRRSAA) and one from the American Rescue Plan (ARP). The funds were intended to provide
immediate relief for American workers, help communities that are struggling in the wake of the
pandemic, and ensure transportation systems keep running. He noted the grant funding totals about
$10.5 million and Fort Collins is the designated recipient of the funds for the transportation
management area; therefore, the City will be apportioning funds to the North Front Range
Metropolitan Planning Organization and to Berthoud Area Transit System. He stated the total
Transfort financial impact will be just under $9 million.
Brooks stated there is some urgency in this appropriation as the Federal Transit Administration
has mandated the funds be appropriated and the grants be programmed by September 30th.
Councilmember Ohlson thanked staff for the follow-up information and stated he would be in
support of the ordinance on second reading.
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Kurt Kastein questioned the written explanations for how the planned use of these funds address
COVID-19.
Brooks stated staff will provide a detailed list of projects as they are identified to the Council
Finance Committee and the Transportation Board. He stated the grant opportunity also allows for
the continuation of efforts to improve transit services moving forward. He also noted there is
strong oversight from the Federal Transit Administration on how the funds are programmed.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 073, 2021, on Second Reading.
RESULT: ORDINANCE NO. 073, 2021, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
15. Second 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 Second Reading)
This Ordinance, adopted on First Reading on June 1, 2021 by a vote of 5-1 (Nay: Ohlson), appropriates
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.
Aaron Harris, Interim Recreation Director, discussed the ballot language that approved the
construction of a $17.7 million community center in southeast Fort Collins focused on innovation,
technology, art, recreation, and the creative process. He stated the center will have a large outdoor
leisure pool with water slides, sprays, jets, a lazy river, and open swim area. He discusse d the
importance of future-proofing the center so it is more ready and accessible for future generations
of Fort Collins residents. This ordinance will appropriate funds to allow for community
engagement and outreach to determine priorities and to determine financial stability for the center
by conducting a program analysis to verify long-term revenue and expense projections.
Harris stated recreation staff lack the current industry knowledge of innovation center facility
planning to be able to meet the timeline for the project. He stated consultants bring industry-
specific knowledge with technology, design, and experience to determine feasibility.
Phoebe McWilliams asked where the pool will be constructed. City Manager Atteberry replied
the specific site has yet to be identified; however, the ballot language specifies the southeast
quadrant of town. He stated Fossil Creek Park has been identified as one possibility which means
the property would not have to be purchased; however, there would be a cost associated with
buying another private property.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 075, 2021, on Second Reading.
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RESULT: ORDINANCE NO. 075, 2021 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
16. 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. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 076, 2021, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 077, 2021, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Program.
These Ordinances, adopted on First Reading on June 1, 2021 by a vote of 4-1 (Nay: Ohlson; Recuse:
Canonico) 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: Mayor Pro Tem Gorgol withdrew from the discussion of this item due to a
conflict of interest.)
Councilmember Canonico stated she recused herself from the First Reading of this item; however,
she has since resigned from her position at The Family Center and will participate in this
discussion.
Adam Molzer, Social Sustainability, stated the competitive grant process is administered annually
by Social Sustainability to award grant funding to affordable housing and human services
programs in Fort Collins. He outlined the City’s strategic objectives supported by this process and
provided details regarding the projects and proposals seeking grant funding.
Beth Rosen, Social Sustainability, provided additional details regarding the funds for the
competitive process noting they are sourced from both federal resources and the City’s General
Fund revenues.
Jeremy (no last name given) asked if the funding will be for housing for homeless residents. Rosen
replied the funds allocated for housing in this round are not specifically allocated for permanent
supportive housing or affordable housing for individuals experiencing homelessness; however,
there will be additional opportunities in the spring with funds specifically targeted to homeless and
vulnerable populations.
Councilmember Pignataro made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 076, 2021, on Second Reading. Yeas: Peel, Ohlson, Gutowsky, Pignataro,
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Canonico and Arndt. Nays: none.
RESULT: ORDINANCE NO. 076, 2021 ADOPTED ON SECOND READING [6 TO 0]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
RECUSED: Gorgol
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 077, 2021, on Second Reading.
Councilmember Ohlson stated he voted no on this item and the previous two as he needed
additional financial information, which he received. He commended the follow-up memo
provided by Beth Rosen.
RESULT: ORDINANCE NO. 077, 2021 ADOPTED ON SECOND READING [6 TO 0]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
RECUSED: Gorgol
17. First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal
Immigration Legal Fund Pilot Program. (Adopted as Amended on First Re)
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.
Caryn Champine, Planning, Development, and Transportation Director, stated this Ordinance
would provide a one-time appropriation of up to $250,000 for an 18-month pilot program
immigration legal fund. She stated 100% of these funds will be allocated to a service provider, or
multiple service providers, after a competitive grant process, and the funds will be used to meet
unmet needs of undocumented community members within Fort Collins who are seeking a legal
path to citizenship or a lawful presence within the community.
Leo Escalante, Communications, Public Involvement and Outreach Office, stated adoption of this
ordinance is in alignment with strategic outcomes, the 2020 Legislative Policy Agenda, and
Resolution 2019-100, as well as the Social Sustainability Strategic Plan. He stated there are
approximately 4,500 Fort Collins residents in need of immigration legal services and noted this
program will not include any qualifiers. He discussed the outreach conducted.
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JC Ward, Neighborhood Services, stated some Councilmembers were interested in this fund
prioritizing cases involving juveniles or crime victims and the proposed appropriation request
amount would accommodate a larger caseload of those specific case types. However, she noted
the City will not have control over the number and type of cases or program administration costs,
which are estimated at up to $90,000 for an 18-month pilot program. She stated Council can set a
cap on the percentage of funding available for program administration.
Ward discussed program metrics noting measuring both outputs such as participant or case
numbers, and outcomes such as safety and equity, are crucial to the program. She stated the
timeline indicates an estimated length of each step following a funding appropriation. She stated
the timeline for service delivery is dependent upon the proposed models from the grant
applications received.
Joliann Beck requested Council not move forward with the formation of an immigration legal fund
stating it presents an equity issue. She also opposed the placement of this item last on the agenda.
G Inguanta supported the formation of an immigration legal fund.
Dick DeCook opposed the formation of an immigration legal fund and stated any Councilmember
who votes to support it would be in direct violation of the oath of office.
Josie (no last name given) stated the 6th Amendment of the Constitution guarantees that every
person has the right to counsel and supported the formation of an immigration legal fund.
Diane Shands stated there are ways to enter the United States legally and those who are not here
legally should not be awarded with benefits earned by hardworking citizens. She suggested this
appropriation is illegal and stated it should at least be placed on the ballot prior to the fund being
formed.
Julie Deters opposed the formation of an immigration legal fund.
Kristi Smiley opposed the formation of an immigration legal fund.
Michael Strumpler opposed the formation of an immigration legal fund and stated this item should
have appeared earlier in the agenda.
Tom Rhodes, Interfaith Solidarity and Accompaniment Coalition, supported the formation of an
immigration legal fund.
Kurt Kastein appreciated treating all individuals equally and stated the City’s role is to fund
services for the United States citizens of Fort Collins.
Lisa Maclean stated the formation of an immigration legal fund is not the proper role of Fort
Collins City Council.
Tom Drean opposed the formation of an immigration legal fund.
Lynn Jacquart opposed the formation of an immigration legal fund.
Glenn Frank expressed support for legal immigration; however, he opposed the formation of an
immigration legal fund.
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Bill Lamb opposed the formation of an immigration legal fund and expressed concern its formation
will make Fort Collins a magnet for unlawful immigrants.
Chuck DeGreve opposed the formation of an immigration legal fund.
James Martin opposed the formation of an immigration legal fund.
Charlie Mesulian opposed the formation of an immigration legal fund and expressed concern
Mayor Pro Tem Gorgol may have a conflict of interest.
Amy Hoeven supported the formation of an immigration legal fund, specifically citing the needs
of students.
Caleb Larson opposed the formation of an immigration legal fund.
Stanley Young (Cain) opposed the formation of an immigration legal fund.
Dane Slinkard opposed the formation of an immigration legal fund and stated immigrants are
granted due process under the law.
Hannah (no last name given) opposed the formation of an immigration legal fund.
Phoebe McWilliams opposed the formation of an immigration legal fund.
Christina Galloway opposed the formation of an immigration legal fund.
Anthony Asuega supported the formation of an immigration legal fund.
Barbara Choury opposed the formation of an immigration legal fund and expressed concern two
Councilmembers may have a conflict of interest.
Keilly Lyon supported the formation of an immigration legal fund citing her experience as a
DACA student.
Gertrude Bougher opposed the formation of an immigration legal fund.
Raquel Lane Arellano, Colorado Immigrant Rights Coalition, supported the formation of an
immigration legal fund.
Melinta Quantz, La Cocina Director, supported the formation of an immigration legal fund.
Joy Athanasiou supported the formation of an immigration legal fund.
Russell McClure opposed the formation of an immigration legal fund.
Scott Horak opposed the formation of an immigration legal fund.
Mary Kay Morrison expressed support for legal immigration but opposed the formation of an
immigration legal fund.
Deborah Kellogg opposed the formation of an immigration legal fund.
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Karen Artell supported the formation of an immigration legal fund.
Alyssa Esposito supported the formation of an immigration legal fund.
Ingrid Justin supported the formation of an immigration legal fund.
Kristin Heightner supported the formation of an immigration legal fund.
Debbie Kahow supported the formation of an immigration legal fund.
Brittany (no last name given) expressed support for legal immigration but opposed the formation
of an immigration legal fund. She stated it is not up to the City to fix federal immigration issues.
Jessie Andrean opposed the formation of an immigration legal fund.
Patricia Miller stated the immigration system lacks due process and expressed support for the
formation of an immigration legal fund.
Sarah Grace Hafen supported the formation of an immigration legal fund.
Emily Gallishote supported the formation of an immigration legal fund.
Dr. Elizabeth Keany supported the formation of an immigration legal fund.
Mayor Arndt noted Council has received many written comments in addition to the verbal
comments.
Councilmember Pignataro asked if there is any evidence that immigrants are moving to
communities among the 42 identified communities that have a similar fund. Escalante replied staff
research has not shown an increase in the number of immigrants in communities with a legal
services fund. He noted there are other factors such as housing affordability and job availability
that have a greater impact on immigration.
Councilmember Pignataro asked if the formation of this fund would be illegal or in direct violation
of the Constitution. City Attorney Daggett replied the concern about a program such as this
violating the equal protection clause or other Constitutional provisions is likely not well founded
because the program is intended to assist participants in the legal process using legal and
appropriate means. Regarding the Council’s role and duties under the City Charter, she stated this
is a good example of the type of decision that is within the Council’s purview in evaluating what
kinds of uses of City funds are intended and expected to advance public purposes and the common
good; therefore, Council is applying its judgement in evaluating the extent to which a program like
this might benefit the community in any number of ways.
Councilmember Pignataro requested the dates of the work sessions on this topic. Ward replied the
work sessions were on March 23 and in May.
Councilmember Pignataro requested details about the program administration. Ward replied
program administration costs are broken out in both the request for proposal process and the grant
award process as there is a requirement for coordination and reporting the information back to the
City to ensure needs are being fulfilled under the grant. She stated it is the same type of model
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used for other Neighborhood Services mini-grants, such as the eviction legal defense fund. She
stated Council can opt to put a cap on the percentage of program administration costs which could
be implemented through the grant review process.
Mayor Arndt requested additional information on whether this is a pilot or a program and whether
there is a difference between the two. City Manager Atteberry replied this is very intentionally a
pilot per Council’s direction. It will be short-term and one time, not intended to be continued in
perpetuity unless Council expresses that direction in 18 months. He noted programs are budgeted
with ongoing funding whereas pilots are funded with one-time dollars. City Attorney Daggett
noted this is a pilot; however, it is referenced in the ordinance as a ‘program’ which could be
modified to read ‘pilot program.’
Mayor Arndt asked how the timeline would work should Council want to fold this into a regular
budget cycle. City Manager Atteberry the 2023-2024 budget cycle will begin formation next
spring with a recommended budget being presented to Council in September of 2022.
Councilmember Canonico asked about the eviction legal defense fund. Ward replied there is an
eviction legal defense fund currently in place funded through Cares Act funding and it runs through
the same type of model that is proposed for the immigration legal fund.
Mayor Arndt asked if the eviction legal defense fund is predicated on legal status. Ward replied
in the affirmative noting that is because the funds are from federal sources.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 064, 2021, on First Reading.
Mayor Pro Tem Gorgol suggested some amendments to the Ordinance including a requirement
that staff provide a quarterly report. She questioned whether a program coordinator is necessary
for a pilot program and noted its removal would reduce the cost of the program.
Councilmember Gutowsky stated several changes need to be made in order to help the ordinance
be more effective. She made a motion, seconded by Councilmember Ohlson, to amend the
ordinance to delete the program coordinator position and reduce the request from $250,000 to
$100,000. She stated she understands the community need and purpose for the funds, the proposed
amount to be drawn from the General Fund reserves is too high and does not follow the traditional
budget process.
Councilmember Gutowsky made a friendly amendment to change her motion to amend the
ordinance to delete the program coordinator position and reduce the request from $250,000 to
$150,000. Councilmember Ohlson accepted the amendment as friendly.
Councilmember Pignataro expressed concern there may not be enough data to show whether the
program was successful if the dollar amount is too low.
City Manager Atteberry stated it would be beneficial for staff to discuss the program coordinator
role in a more in-depth fashion. He noted that work would be provided by an outside provider per
the ordinance as written and there is some concern that, if removed, that duty would become an
administrative responsibility of the staff team, which is not properly resourced.
Champine noted there is not a mandate in the program that a service provider must have a program
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coordinator and it is possible a service provider that is the recipient of this grant fund has existing
staff resources to support the needs of the program; however, she stated staff was attempting to
consider the very possible circumstance that a program coordinator would be necessary. She noted
Council could also impose a percentage cap on the amount that would go toward coordination
responsibilities.
Councilmember Ohlson noted the suggested program cost reduction to $150,000 is only a $10,000
reduction in legal costs as the program coordinator was a $90,000 cost. He stated he is more
supportive of a zero-dollar amount however.
Councilmember Gutowsky stated the controversy lies in the question of whose responsibility it is
to provide this service. She suggested it should be a shared responsibility and stated she is not
comfortable dipping into City coffers to fully fund a program that has not been measured against
other community needs. She stated citizens are used to having a voice in the budgeting process
and expressed concern about the irregular nature of this process. She stated community change
involves full participation from a shared partnership and she sees the City as the facilitator of
change and a one-time investment of $150,000 will provide the spark to get things started.
Mayor Arndt asked if any of these funds would go toward hiring a paralegal that is a City
employee. Champine replied none of the funding will go toward the City at all; 100% of the
funding will go to the grant recipients which could be one or multiple service providers through
which program administration would occur.
City Manager Atteberry reiterated there will be no City employees hired resulting from action
Council would take regarding this item.
Mayor Pro Tem Gorgol asked if percentage caps have been put into place with other programs,
and if so, what that number was. Champine replied staff could research other comparable
programs; however, she noted the cap for federal programs is typically 15%.
Mayor Pro Tem Gorgol asked if the cost for program administration is included in the funded
amounts on the spreadsheet of existing programs. Ward replied there is a wide variety of means
of operation for the existing programs researched by staff.
Councilmember Peel asked why this would not go through the grant process as other non-profits
do. City Manager Atteberry replied this is off-cycle from the budget standpoint and as the funding
for this program would come from the City’s General Fund, it would not be part of the Community
Development Block Grant process.
Councilmember Pignataro stated she had been considering this as a mid-year budget appropriation,
which is common. She also noted the 18-month timeline will help get the information needed to
place it during the next proper budgeting time.
Councilmember Ohlson stated his objection to this is it is one item being brought forth out of the
regular budget cycle and it is not being judged against other items as it would be in the case of a
mid-cycle budget adjustment. He also suggested this item should have been placed earlier on the
agenda.
Mayor Pro Tem Gorgol noted this topic has been before Council for almost a year and was vetted
through the Community Impact Committee and was stacked against multiple other options. She
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stated program administration is important; therefore, she would not support the motion to amend.
However, she would support a percentage cap.
Councilmember Ohlson stated he did not believe the general public knew much about this topic as
he only learned about it in March. He asked what other options the program was vetted against
and by whom. Mayor Pro Tem Gorgol replied it did not go through a normal budget process;
however, it was vetted against other programs. She requested staff provide a memo including the
report from the Community Impact Committee.
Councilmember Peel asked why this item did not go through the regular budget process. Mayor
Pro Tem Gorgol replied it may have come as part of a mid-year cycle; however, the one-year
budget did not allow for that opportunity. She stated the Community Impact Committee (CIC)
was tasked with providing a funding recommendation during the last budget process; however,
because of the amount of work involved, the Committee did not have recommendations until after
the normal budget process.
City Manager Atteberry stated he would provide more information regarding the CIC and noted it
was a Council-formed subcommittee of three Councilmembers who were tasked with working
with staff. He noted the CIC meetings were all public and published and stated he will provide
the enabling resolution that created the CIC and its final report as well as additional context about
how this item fits within the budget process.
Councilmember Gutowsky repeated her motion to amend the ordinance to delete the program
coordinator position and reduce the request from $250,000 to $150,000. She noted that while she
understands the community need and purpose for the funds, she feels the amount to be drawn from
the General Fund reserves is too high and does not follow the traditional budget process.
The vote on the motion to amend was as follows: Yeas: Gutowsky and Ohlson. Nays: Pignataro,
Canonico, Arndt, Gorgol and Peel.
THE MOTION FAILED.
Mayor Pro Tem Gorgol repeated her motion to adopt Ordinance No. 064, 2021, on First Reading,
as amended to add a section requiring quarterly staff reports. She stated she would like to have a
conversation regarding caps on coordination or management costs.
City Attorney Daggett read proposed language for the added section. Mayor Pro Tem Gorgol and
Councilmember Pignataro accepted the language as being a friendly amendment.
Councilmember Pignataro asked whether enough data regarding the success of the program would
be collected if the funding level were decreased. Ward replied the ability to handle the caseload
decreases as funding levels decrease. She stated the $250,000 amount was set based on feedback
received at the work session regarding interest in affirmative cases and special immigrant juvenile
status cases. She outlined the types of cases and estimated numbers of each that could be addressed
with this fund.
Mayor Arndt stated she would support the motion as it is a pilot program. She stated she would
be interested in possibly placing a cap on administration costs for Second Reading. She stated she
does not believe this mid-cycle appropriation is unusual and she is satisfied there is a community
need for this program. Additionally, she agreed controversial subjects should be placed first on
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the agenda.
Councilmember Gutowsky made a motion, seconded by Councilmember Ohlson, that the
ordinance be amended to include a proof of residency for participants to qualify in the legal aid
program to mitigate the chance that new arrivals would seek the assistance that should be reserved
for those residents that have been living in Fort Collins for at least a year and have been
contributing to the vitality of the community. She further moved that the applicant must be a
resident prior to June of 2020.
Councilmember Pignataro asked staff to address existing ordinance language that may be similar
to this amendment. Champine replied the program would have a residency requirement; however,
there is no existing language regarding a required length of residency. City Attorney Daggett
clarified the ordinance references Fort Collins residents; however, it does not contain explicit
language regarding a residency requirement or length of residency. She stated the addition of a
recital that would incorporate the language stated in the motion would be a way to accomplish that.
Councilmember Pignataro stated she would not support the amendment as the results of the pilot
program should influence whether a length of residency requirement should be considered.
Councilmember Ohlson stated the purpose of the motion is to ensure the beneficiaries of the
program were Fort Collins residents prior to the program taking effect. Additionally, it would aim
to diminish some of the concerns that people may move here to get legal assistance.
Councilmember Pignataro noted staff has not seen an influx of immigrants in communities wherein
these types of programs already exist. She also noted asylum seekers only have a year to apply
should this move forward.
Mayor Arndt suggested a length of residency metric should be included in collected data should
this motion fail.
The vote on the motion to amend was as follows: Yeas: Canonico, Peel, Ohlson and Gutowsky.
Nays: Arndt, Gorgol and Pignataro.
THE MOTION CARRIED.
Councilmember Gutowsky made a motion, seconded by Councilmember Ohlson, to amend the
ordinance to prioritize cases involving children, DACA recipients, and victims of violence to
receive legal aid services before providing services to other cases.
Councilmember Pignataro asked if this language is already included in the ordinance.
Councilmember Ohlson stated the details are important and suggested 80% of the funds should go
to assist individuals in those categories.
Mayor Arndt stated she would not support the motion given it is a pilot program and she did not
believe funds should be restricted. She stated she would like that information reported in the
metrics, however.
Mayor Pro Tem Gorgol stated having these types of qualifiers do not honor the intent of the
program and community partners will help understand where funds are needed.
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Mayor Arndt also noted funds could be wasted if 80% of applicants do not fall within those three
categories.
The vote on the motion to amend was as follows: Yeas: Peel, Ohlson and Gutowsky. Nays: Arndt,
Gorgol, Pignataro and Canonico.
THE MOTION FAILED.
Councilmember Gutowksy made a motion, seconded by Councilmember Ohlson, that the
ordinance be amended to include means testing of applicants for legal aid services to assure that
the assistance goes to those with the greatest financial need.
Mayor Arndt requested staff provide input on this motion. Champine replied staff considered this
option and determined moving this program from universal representation or the equity program
category would place it in a public benefit category that was not permitted. City Attorney Daggett
stated the concern would be that if the program is structured in a way that it would fall within the
definition of public benefit, an affidavit of lawful presence would be required to be obtained from
recipients, which in this instance would be essentially impossible to obtain as the issue being
proposed to address is an issue related to lawful presence.
Councilmember Gutowsky stated it seems conflicting that assistance cannot be provided to those
most in need but acknowledged there are legalities that cannot be avoided.
Councilmember Ohlson asked if the legal advice is that there is no way to prevent low - and
moderate-income Fort Collins citizens from subsidizing wealthy non-resident individuals who are
seeking assistance from this legal defense fund. City Attorney Daggett replied income eligibility
criteria result in putting the program at high risk of being considered a public benefit program
which would trigger the lawful presence affidavit requirement and having a program with a broader
scope aimed at providing immigration legal assistance of certain types to those in the community
who need it would be providing a service to a segment of the population rather than to individuals
who meet specific qualifications. She stated the answer to Councilmember Ohlson’s question is
essentially yes.
Mayor Arndt stated that metric could also be including in reporting.
Councilmember Gutowksy withdrew her motion to amend as it does not comply with legal
restrictions. Councilmember Ohlson concurred.
Councilmember Ohlson expressed concern this is not a normal off-budget cycle situation but
expressed support for the various viewpoints on Council.
Mayor Pro Tem Gorgol stated immigration legal funds are important to her as immigrants are a
part of the community and due process is a right guaranteed under the United States Constitution
and currently not everyone has access to a fair process. She thanked staff for their work.
Councilmember Pignataro commented on this item having nothing to do with the COVID-related
budget cuts and stated she sees this as a legitimate priority for the mental and economic health of
the community.
Councilmember Gutowsky stated she would not support the motion on First Reading as her
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proposed amendments were important.
Councilmember Peel commented on the humanitarian immigration crisis and discussed the
research she has done on this topic. She stated that while she understands the contribution of
immigrants to the workforce and tax base, she cannot support this fund for some of the reasons
mentioned this evening and because immigrants are entitled to a hearing, but not to representation.
She stated she believes this is beyond the scope of the City’s responsibility. She stated she wants
a fair, reasonable, and orderly immigration process and she encouraged citizens to contact
Congressional representatives as it is their responsibility to fix this issue. She also commented on
the importance of individuals participating in helping with the crisis.
Councilmember Canonico commented on the importance of the contributions of the immigrant
community and stated immigrants need a path forward. She agreed it needs to be fixed at the
federal level; however, it has been that way for decades. She stated this pilot program provides
the opportunity to determine whether a difference can be made on local level.
The vote on the original motion, as amended, was as follows: Yeas: Pignataro, Canonico, Arndt
and Gorgol. Nays: Peel, Ohlson and Gutowsky.
Mayor Pro Tem Gorgol requested more information on program coordination prior to Second
Reading.
RESULT: ORDINANCE NO. 064, 2021, ADOPTED AS AMENDED ON FIRST READING [4
TO 3]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico
NAYS: Peel, Ohlson, Gutowsky
Motion to Suspend the Rules to Continue past 10:30 PM.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to suspend the
rules to continue the meeting past 10:30 PM.
RESULT: MOTION ADOPTED [6 TO 1]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
• 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 related to the process to fill a vacancy on the Planning and Zoning
Commission and possible motion directing staff follow up:
Mayor Pro Tem noted there was an issue with the order of names on various documents with
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respect to filling the Planning and Zoning Commission vacancy and suggested reopening the
vacancy on the Commission and having a short list of candidates created by herself, as the liaison,
and Mayor Arndt for a panel interview before Council.
Councilmember Ohlson noted the previous interview team consisted of Councilmember Cunniff
and Mayor Troxell, not because he was the Mayor, but because he was on the interview team.
Councilmember Pignataro suggested Council should decide how many people it will interview
prior to opening applications.
Councilmember Ohlson volunteered to be part of the team who will narrow down the field of
applicants.
Mayor Pro Tem Gorgol clarified all of Council will have an opinion and stated she and
Councilmember Ohlson will be the two who will narrow down the field of applicants so as not to
require the meetings to be public with three members present.
Mayor Arndt suggested Council interview five individuals.
Councilmember Gutowsky stated the most recent documentation stated Jerry Gavaldon was to be
the new member and she suggested honoring that appointment first and the appointment of
Kathryn Dubiel in the next available opening.
Councilmember Pignataro stated she did not believe it was appropriate to appoint either of them
as the previous Council opted to have this Council make the appointment.
Councilmember Ohlson suggested Council interview Jerry Gavaldon, Kathryn Dubiel, who do not
need to reapply, as well as five new applicants. Councilmembers agreed that was a fair solution.
Councilmember Gutowsky asked how the interviews would occur. City Attorney Daggett replied
it would depend on whether Council wanted to take action on the same day as the interviews, in
which case, they should be conducted in conjunction with a regular or special meeting. However,
if Council wanted to have a work session and conduct interviews, it could return at the next meeting
and vote. She stated two members conferring together to determine the list will need to be
considered as a decision-making body having a public meeting; however, if each independently
determines his or her own list of suggestions for Council to consider, notice of a public meeting is
not required.
Mayor Pro Tem Gorgol asked how Mayor Troxell and Councilmember Cunniff dealt with this in
the past. City Attorney Daggett replied they made independent recommendations.
Councilmembers discussed the proper way of addressing the issue and it was determined City
Attorney Daggett would further weigh in prior to the process going forward. City Attorney
Daggett outlined suggested motion language.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, that staff advertise
for and receive applications for the current vacancy on the Planning and Zoning Commission, with
Mayor Pro Tem Gorgol and Councilmember Ohlson recommending to Council up to five
candidates to consider in designating five finalists, together with candidates Jerry Gavaldon and
Kathryn Dubiel as additional finalists, with interviews by Council scheduled to follow and then
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Council action to name a Commission appointee and a backup appointee.
Jerry Gavaldon stated he was informed of this meeting via an email from Paul Sizemore and he
believed Kathryn Dubiel was also given the same courtesy. He stated he is showing his passion,
due diligence, and professionalism by having waited through this meeting to speak. He discussed
his experience, noted he is a lifelong Fort Collins resident, and stated he has received letters of
support. He questioned the fairness of the process.
Sarah Rossiter expressed support for developing an established process and questioned whether
back up choices will be listed in subsequent recommendation forms. She stated the question
regarding whether a simple clerical error occurred or whether a substantiated, documented change
occurred.
Rory Heath supported the appointment of Kathryn Dubiel to provide a balance to the Commission.
Mayor Pro Tem Gorgol suggested revisiting the appointment process for quasi-judicial boards
moving forward.
City Attorney Daggett suggested the wording of the motion may want to be changed from
‘alternate appointee’ to ‘backup appointee.’
Mayor Arndt suggested backup appointees should only be viable for a certain amount of time.
Mayor Pro Tem Gorgol accepted the language change for the motion and suggested the resolution
could clarify the language regarding how long the backup appointee would remain viable.
RESULT: MOTIONADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
C. Consideration of a motion to go into Executive Session to discuss issues related to Broadband :
"I move that City Council go into executive session to consider matters pertaining to issues of
competition in providing telecommunication facilities and services including matters subject to
negotiation, strategic plan, price, sales and marketing, development phasing and any other related
matter allowed under Colorado Law, as permitted under Article XII, Section 7(d) of the City
Charter and Section 2-31(a)(5) of the City Code."
RESULT: WITHDRAWN
• ADJOURNMENT
Council will consider a motion to adjourn to 6:00 p.m. on Tuesday, June 22, 2021 for mid -year review of
City Manager, City Attorney and Chief Judge.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, June 22, in order to consider a motion to go into
executive session to conduct mid-year performance reviews of the Council’s direct report
employees, and for such other business as may come before the Council.
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RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
The meeting adjourned at 11:27 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
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June 22, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gutowsky, Ohlson, Peel, Gorgol, Arndt, Canonico, Pignataro
STAFF: Atteberry, Daggett, Gula-Yeast
1. Executive Session Authorized. (Adopted)
The meeting of June 15, 2021 was adjourned to this date and time to allow Council to consider going
into executive session to conduct the mid-year performance evaluations of the City Attorney, Chief
Judge and City Manager.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year
performance reviews of the City Manager, Chief Judge and City Attorney.”
Chief Judge 45 minutes
City Manager 75 minutes
City Attorney 60 minutes
Note: times are approximate with breaks, as necessary.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, that the City
Council go into Executive Session as permitted under Article 2, Section 11 of the City Charter,
Section 2-31(a)(1) of the City Code, and Colorado Revised Statute Section 24-6-402(4)(f)(I) for
the purpose of conducting mid-year performance reviews of the Chief Judge, City Manager and
City Attorney.
(Secretary's Note: The Council went into Executive Session at this point in the meeting.)
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Ohlson, Peel, Gorgol, Arndt, Canonico, Pignataro, Gutowsky
• ADJOURNMENT
The meeting adjourned at 9:36 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.2
Packet Pg. 32 Attachment: June 22, 2021 (10462 : Minutes - 6/1)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY July 20, 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
Second 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
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 085, 2021 (PDF)
2
Packet Pg. 33
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.
ATTACHMENT 1 2.1
Packet Pg. 34 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10461 : SR 085 PEG Funding)
-1-
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.
2.2
Packet Pg. 35 Attachment: Ordinance No. 085, 2021 (10461 : SR 085 PEG Funding)
-2-
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
2.2
Packet Pg. 36 Attachment: Ordinance No. 085, 2021 (10461 : SR 085 PEG Funding)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Ingrid Decker, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on July 6, 2021, appropriates $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 adopting of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 086, 2021 (PDF)
3
Packet Pg. 37
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 partners 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.
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.
ATTACHMENT 1 3.1
Packet Pg. 38 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10463 : SR 086 City Give Spring Creek)
-1-
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.
3.2
Packet Pg. 39 Attachment: Ordinance No. 086, 2021 (10463 : SR 086 City Give Spring Creek)
-2-
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
3.2
Packet Pg. 40 Attachment: Ordinance No. 086, 2021 (10463 : SR 086 City Give Spring Creek)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
Judy Schmidt, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on July 6, 2021, provides Council with an opportun ity
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 087, 2021 (PDF)
4
Packet Pg. 41
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 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.
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 and 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, Council 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.
ATTACHMENT 1 4.1
Packet Pg. 42 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10466 : SR 087 Appeal Code Amendment)
-1-
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:
4.2
Packet Pg. 43 Attachment: Ordinance No. 087, 2021 (10466 : SR 087 Appeal Code Amendment)
-2-
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 provision 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 possesses 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 Commission 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 Article. 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.
4.2
Packet Pg. 44 Attachment: Ordinance No. 087, 2021 (10466 : SR 087 Appeal Code Amendment)
-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
4.2
Packet Pg. 45 Attachment: Ordinance No. 087, 2021 (10466 : SR 087 Appeal Code Amendment)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 088, 2021, Annexing the Property Known as the Northeast Frontage Road
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 6, 2021, requests 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 Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 088, 2021 (PDF)
5
Packet Pg. 46
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)
ATTACHMENT 1 5.1
Packet Pg. 47 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10465 : SR 088 Northeast Frontage Road Annexation)
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 issues 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)
5.1
Packet Pg. 48 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10465 : SR 088 Northeast Frontage Road Annexation)
-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:
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE
SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET;
5.2
Packet Pg. 49 Attachment: Ordinance No. 088, 2021 (10465 : SR 088 Northeast Frontage Road Annexation)
-2-
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, including,
without limitation, all required filings for recording with the Larimer County Clerk and Recorder.
5.2
Packet Pg. 50 Attachment: Ordinance No. 088, 2021 (10465 : SR 088 Northeast Frontage Road Annexation)
-3-
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
5.2
Packet Pg. 51 Attachment: Ordinance No. 088, 2021 (10465 : SR 088 Northeast Frontage Road Annexation)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on July 6, 2021, 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 Second Reading.
ATTACHMENTS
1. First Reading Agend Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 089, 2021 (PDF)
6
Packet Pg. 52
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 ultimate 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 intensities to
encourage. The Structure Plan:
ATTACHMENT 1 6.1
Packet Pg. 53 Attachment: First Reading Agend Item Summary, July 6, 2021 (w/o attachments) (10467 : SR 089 Northeast Frontage Road Annexation)
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 supporting uses.
Principal Land Use: Single-family detached homes.
• Densities and building heights will vary; building heights will generally be 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 pedestrian 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.
6.1
Packet Pg. 54 Attachment: First Reading Agend Item Summary, July 6, 2021 (w/o attachments) (10467 : SR 089 Northeast Frontage Road Annexation)
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 retail 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 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 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)
6.1
Packet Pg. 55 Attachment: First Reading Agend Item Summary, July 6, 2021 (w/o attachments) (10467 : SR 089 Northeast Frontage Road Annexation)
-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:
6.2
Packet Pg. 56 Attachment: Ordinance No. 089, 2021 (10467 : SR 089 Northeast Frontage Road Annexation)
-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;
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF
CURVATURE;
6.2
Packet Pg. 57 Attachment: Ordinance No. 089, 2021 (10467 : SR 089 Northeast Frontage Road Annexation)
-3-
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
6.2
Packet Pg. 58 Attachment: Ordinance No. 089, 2021 (10467 : SR 089 Northeast Frontage Road Annexation)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on July 6, 2021, rezones 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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 090, 2021 (PDF)
7
Packet Pg. 59
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
ATTACHMENT 1 7.1
Packet Pg. 60 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10468 : SR 090 NE Frontage & I25)
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 existing 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 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 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).
7.1
Packet Pg. 61 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10468 : SR 090 NE Frontage & I25)
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 development 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 built 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 boundaries 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 Urban 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 factors 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.
3. Compatibility with Existing and Proposed Uses (Additional Consideration per LUC)
7.1
Packet Pg. 62 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10468 : SR 090 NE Frontage & I25)
Agenda Item 14
Item # 14 Page 4
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 greater 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 require 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:
The amount and type of traffic generated by future development of the 115-acre site.
7.1
Packet Pg. 63 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10468 : SR 090 NE Frontage & I25)
Agenda Item 14
Item # 14 Page 5
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)
7.1
Packet Pg. 64 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10468 : SR 090 NE Frontage & I25)
-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:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION
7.2
Packet Pg. 65 Attachment: Ordinance No. 090, 2021 (10468 : SR 090 NE Frontage & I25)
-2-
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.
7.2
Packet Pg. 66 Attachment: Ordinance No. 090, 2021 (10468 : SR 090 NE Frontage & I25)
-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
7.2
Packet Pg. 67 Attachment: Ordinance No. 090, 2021 (10468 : SR 090 NE Frontage & I25)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 092, 2021, Appropriating Unanticipated Philanthropic Revenue Received by
City Give to Construct a Plaza at Sugar Beet Park for the Hand that Feeds Sculpture Project.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $67,850 in philanthropic revenue received by City Give
for the Capital Projects Fund, Park Planning & Development, Community Services per the intent of the donors:
Mujeres de Colores and the Downtown Development Authority. The funds are designated for the construction
and installation of a plaza for The Hand That Feeds, a bronze sculpture commemorating Mexican and Hispanic
laborers who worked the sugar beet fields of Northern Colorado, that Mujeres de Colores intends to donate to
the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In October 2020, the City partnered with Mujeres de Colores to accept, through Art in Public Places, the
proposed donation of a bronze sculpture entitled “The Hand That Feeds,” through adoption of Resolution
2020-096.
The Hand That Feeds will commemorate, preserve, and honor Mexican and Hispanic laborers who worked the
sugar beet fields of Northern Colorado. It pays homage to the people who played a critical role in Fort Collins’
and Larimer County’s sugar beet history. The Hand That Feeds is funded thro ugh the generosity of community
giving with a projected budget of $284,750.
As envisioned by our community partners, the donation of art includes the design and construction of a plaza
within Sugar Beet Park. The hard costs (materials, construction, and landscaping) to be incurred by the City for
the development of the plaza total $67,850, which is included in the total project budget.
The City recognizes the immeasurable contribution of Mujeres de Colores, a 501(c)(3) nonprofit organization,
as they have brought this shared public art to fruition through co-creation, time, passion, and fundraising.
Artist Frank Garza has been creating indoor and outdoor sculptural installations for 21 years. Many of Garza’s
artwork is community themed, culturally themed, or historically themed, with a strong use of symbolism and his
distinct style of realism. He has successfully completed exterior public art pieces that include municipal
projects in Denver, CO (City Council Office, Department of Motor Vehicles), Greeley, CO, (History Museum),
and Evans, CO, (Library, Community Center, Police Station).
The City Manager recommends the appropriation described herein and determined that this appropriation is
8
Packet Pg. 68
Agenda Item 8
Item # 8 Page 2
available and previously unappropriated from the Capital Projects Fund and will not cause the total amount
appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues
and all other funds to be received in the Capital Projects Fund during this fiscal year.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $67,850 of unanticipated philanthropic revenue in the Capital Projects Fund for
design, construction, and installation of a plaza at Sugar Beet Park for The Hand That Feeds sculpture. The
funds have been received and accepted per City Give Administrative and Financial Policy.
ATTACHMENTS
1. Resolution 2020-096 (PDF)
2. Art in Public Places:The Hand That Feeds (PDF)
8
Packet Pg. 69
ATTACHMENT 18.1Packet Pg. 70Attachment: Resolution 2020-096 (10435 : Philanthropic Revenue: The Hand That Feeds)
8.1Packet Pg. 71Attachment: Resolution 2020-096 (10435 : Philanthropic Revenue: The Hand That Feeds)
Project:
The Hand That Feeds
This monument is meant to commemorate, preserve and honor the history of the thousands
of Hispanic and Mexican people who came to work in the sugar beet fields surrounding Fort
Collins, Larimer County and Colorado.
Today sugar beet producƟon is a small part of Colorado's economy, but in the twenƟeth
century it was the most important agricultural acƟvity in the state. Area farmers relied on
sugar beets as an important cash crop, however, each harvest required thousands of non-
unionized fieldworkers. Successful beet culƟvaƟon required periods of such intense drudgery
that farmers had to find wage-laborers to expedite the work. Farmers and sugar companies
acƟvely recruited Mexicans and Chicanos, and the region drew many migrants.
The sugar beet industry, which started in Colorado in 1899, was the largest employer of
Hispanics in Colorado by the late 1920s. Their employment was as agricultural hand laborers,
performing low-skilled, tedious work at the irregular demands of seasonal agriculture. These
individuals are oŌen leŌ out of Colorado histories, yet they contributed the bulk of human
energy needed to convert beets into sugar. Without their labor, the sugar beet industry and
other labor-intensive agricultural industries in Colorado would not have prospered. Through
Proposed Art DonaƟon:
The Hand That Feeds
ATTACHMENT 2 8.2
Packet Pg. 72 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
their sweat and toil, Colorado became the largest sugar producing state in the United States in
1909.
The work was long and hard, sunup to sundown. There were no age limits to who could work
the beet fields, consequently five-year-old children and grandparents were out in the hot sun
doing the back-breaking work of thinning and topping beets from dawn to dusk. An average
family would work an area the size of a football field, receiving the sum of $10.00 a day for
their work.
The standard tool for working the sugar beets was the short-handled hoe. The short-handled
hoe required workers to stoop over as they used it to culƟvate crops. Working with the short-
handled hoe had long term consequences for agricultural laborers. Many growers believed
short-handled hoes made workers more careful and kept crops from being damaged. The
bosses also liked the short-handled hoe because they could tell at a glance whether the farm
laborers were working or resƟng. The hoe became a symbol of the exploiƟve working
condiƟons as it took a big toll on the backs of so many. Campaigns by United Farm Workers
and others helped outlaw the use of the hoe in 1975.
OverƟme, Great Western Sugar Factory developed three Spanish colonies in the Fort Collins
area (Andersonville, Alta Vista, and Buckingham—or Tres Colonias) to house many of the
workers. The colonies surrounded the sugar beet factory. As the workers seƩled into their
community, they were no longer just sugar beet workers, they were also church members,
gardeners, customers, ball players, and community acƟvists. Residents from different states
and countries fostered lasƟng relaƟonships. Neighbors shared resources and contributed to
the local dynamic. The Spanish-speaking “colonies” actually colonized a bit of Fort Collins and
made something new.
Funding:
Mujeres de Colores (a 501c3 organizaƟon), partners, and community will be fundraising to
underwrite this project.
Proposed Ɵme line for project
InstallaƟon 5-8 months from approval
8.2
Packet Pg. 73 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
DescripƟon of the Artwork
Bronze Sculpture with Stone Base:
This monument pays homage to the people who played a criƟcal role in Fort Collins’ and
Larimer County’s sugar beet history. The sculpture tells the story of the sugar beet worker:
xThe Short-Hoe: Represents the back-breaking work required by the sugar beet workers.
xThe Hand: Represents the very people who carried out that work—Hispanic and
Mexican—who came to this area to work the beet fields despite poor working condiƟons,
low pay and discriminaƟon. Eventually seƩling in Fort Collins to become part of the fabric
of our community.
xEngraved Names: The names engraved on the sculpture will honor the founders of Tres
Colonias—the original sugar beet workers. An addiƟonal plaque will include the names of
donors for the project.
xPhoto/Storyboard: A free-standing photo/storyboard will provide a short history of the
role these people played in the sugar beet industry.
8.2
Packet Pg. 74 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
Sugar Beet Park—
PotenƟal Art DonaƟon Concept
8.2
Packet Pg. 75 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
Sugar Beet Park—PotenƟal Art DonaƟon Concept (cont.)
8.2
Packet Pg. 76 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
Total Es Ɵmated Time to CompleƟon = 8 months
**City of Fort Collins esƟmates an addiƟonal $59,000 for the construcƟon and
landscaping of the plaza and $8,850 for maintenance of the plaza (3 years) and
cleaning & maintenance of the bronze sculpture.
8.2
Packet Pg. 77 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
ArƟst Background and QualificaƟons and Project Details: (See aƩached resume.)
ArƟst Frank Garza has been creaƟng indoor and outdoor sculptural installaƟons for 21 years
using wood, aluminum, steel, fabric, porcelain, glass, polycarbonate and even LED lighƟng.
He strives to make each project unique yet complimentary to the surroundings. Many of
Garza’s murals are community, culturally or historically themed with a strong use of
symbolism and his disƟnct style of realism. His career has allowed him the experience of
working closely with city planners, architects, engineers, construcƟon crews, community
leaders, and all levels of administraƟon.
He has successfully completed many exterior public art pieces that include municipal
projects in Denver, CO (City Council Office, Department of Motor Vehicles), Greeley, CO,
(History Museum), Evans, CO, (Library, Community Center, Police StaƟon), Thornton, CO,
(City Infrastructure Maintenance Center), and Denver Health. Garza was recently selected
to create an outdoor sculptural installaƟon for the new City Center South in Greeley, CO.
For The Hand That Feeds Bronze Sculpture, Garza will be using Art CasƟngs of Colorado
based in Loveland. They are a full-service foundry with over 45 years of experience and will
be making the mold, pouring, casƟng, chasing, welding, paƟna, and installaƟon. Garza has
already had two meeƟngs with the owner and received esƟmates of cost and Ɵme. The
armature will be created by Duchateau Sculpture Services. Gary Duchateau will be milling a
larger scaled replica with blue EPS foam. Garza will take possession and begin up to 6 weeks
of clay overlay—creaƟng the fine details prior to delivery to the foundry. There will be a
high level of coordinaƟon with the arƟst and the foundry to assure quality and to ensure
that engineering and safety of the piece is documented throughout the enƟre process
including installaƟon.
8.2
Packet Pg. 78 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
ArƟst Resume:
8.2
Packet Pg. 79 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
8.2
Packet Pg. 80 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
8.2
Packet Pg. 81 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
Frank Garza Examples of Previous Work
Spectrum
2018 Greeley, CO: 7 murals in
outdoor walkway connecting
two downtown plazas. Each
installation piece is comprised
of fabricated aluminum
frames, UV printed Polycar-
bonate Stacks, LED lighting,
and Acrylic Murals. Each
piece is 10’H x 10’W.
Glass Piece
ArƟst Frank Garza, who originally studied sculpƟng in college, began painƟng murals when he
was offered a job shortly out of school. He is best known as an installaƟon arƟst, creaƟng free-
standing, 2-sided sculptural murals, working with glass, wood, and metal fabricaƟon. Size has
never been an issue; many of his pieces are as tall as a building. Over the years, Garza has
been successful in many mediums as a fine arƟst; he sees sculpƟng large 3-dimensional art as
a natural progression of his career.
Journey, Sculptural mural, 16’H x 12’W.
Sculptural mural, 18’H x 36’W.
8.2
Packet Pg. 82 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
Art CasƟngs of Colorado: Examples of Previous Work
Garza has chosen Art CasƟngs of Colorado to take his iniƟal concept and manage all 12 steps
of the project from the mold making, to the waxing, to the metal pouring, to the paƟna and
finally installaƟon. Since 1972, Art CasƟngs of Colorado has been the trusted choice of arƟsts
around the country and around the world. They have a reputaƟon as one of the cleanest,
most efficient bronze art foundries in North America, and have earned the confidence of
scores of arƟsts who rely on them for excepƟonal quality and service year aŌer year.
8.2
Packet Pg. 83 Attachment: Art in Public Places:The Hand That Feeds (10435 : Philanthropic Revenue: The Hand That Feeds)
-1-
ORDINANCE NO. 092, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC REVENUE
RECEIVED BY CITY GIVE TO CONSTRUCT A PLAZA AT SUGAR BEET PARK
FOR THE HAND THAT FEEDS SCULPTURE PROJECT
WHEREAS, on October 20, 2020, the City Council adopted Resolution 2020-096,
approving the acceptance of the proposed donation of a bronze sculpture, entitled “The Hand that
Feeds” (the “Artwork”) to be placed at Sugar Beet Park (the “Park”); and
WHEREAS, the donor of the Artwork, Mujeres de Colores (the “Donor”) has worked
with the City’s Park Planning and Development staff to develop a plan for a plaza the City will
install as part of the display of the Artwork at the Park; and
WHEREAS, the Donor and the Downtown Development Authority have donated to the
City $67,850 for materials, construction and landscaping for the plaza, and this Ordinance would
appropriate those funds for expenditure for such purposes; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of making improvements to a public park;
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 Capital
Projects Fund and will not cause the total amount appropriated in the Capital Projects 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 Capital Projects Fund the sum of SIXTY-SEVEN THOUSAND EIGHT
HUNDRED FIFTY DOLLARS ($67,850) for expenditure in the Capital Projects Fund to
construct a plaza at Sugar Beet Park for The Hand That Feeds sculpture project.
Packet Pg. 84
-2-
Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 85
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 093, 2021, Appropriating Unanticipated Philanthropic Revenue Received by
City Give from Bohemian Foundation for the Art in Public Places Program.
EXECUTIVE SUMMARY
The purpose of this item is to consider an appropriation of $45,193 in philanthropic revenue received by City
Give for the Art in Public Places program in the Cultural Services and Facilities Fund. This grant award was
received from Bohemian Foundation for the designated purpose of Pianos About Town, a collaborative effort
among the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development Au thority,
and the donor, Bohemian Foundation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Pianos About Town is a collaboration between the City of Fort Collins’ Art in Public Places program (APP), the
Downtown Development Authority's Art in Action program, and Bohemian Foundation. The project involves
local artists painting or artistically decorating pianos at the Art in Action tent in Old Town Square where the
public can watch the creative process and interact with the artists.
Pianos About Town contributes to the vibrancy of Fort Collins, making art and music fun and accessible for all.
These colorfully painted pianos are rotated throughout Fort Collins for the public to enjoy as both music al
instruments and works of art.
The $45,193 in philanthropic revenue is a partial award toward the total 2021/2022 grant of $94,025.
The first pianos were placed in Old Town in 2010. Since then, more than 130 donated pianos have been
decorated and placed into rotation at sites throughout Fort Collins. The painting and decorating of pianos take s
place throughout the year but is moved to indoor venues during the winter months. Area businesses play a key
role in the success of the project by "adopting" the painted pianos and covering them during inclement
weather.
The City’s responsibilities for the funding include but are not limited to: annually acquiring, repairing, pre -
painting preparing, and tuning twelve to thirteen pianos; the coordination of placem ent, moving and piano
tuning; working with appropriate City departments, the DDA and property owners on logistics for placing pianos
in desired locations; selecting and managing the visual artists; managing logistics with area partners or other
entities to cover and uncover pianos; and collaborating with Bohemian Foundation to host Pianos About Town
related events.
9
Packet Pg. 86
Agenda Item 9
Item # 9 Page 2
The grant is awarded by Bohemian Foundation, a Fort Collins -based private family foundation that supports
local, national, and global efforts to build strong communities. Funding for Equity Indicators was awarded by
Bohemian Foundation’s Community Programs which is committed to the care and enrichment of our local
community.
The City Manager recommends the appropriation described herein and det ermined that this appropriation is
available and previously unappropriated from the Cultural Services and Facilities Fund and will not cause the
total amount appropriated in the Cultural Services and Facilities Fund to exceed the current estimate of actual
and anticipated revenues to be received in the Cultural Services and Facilities Fund during this fiscal year.
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $45,193 in unanticipated philanthropic revenue in the Cultural
Services and Facilities Fund for the Art in Public Places program. The funds have been received and accepted
per City Give Administrative and Financial Policy.
ATTACHMENTS
1. 2021-22 Pianos About Town Location Map (PDF)
9
Packet Pg. 87
Pianos About Town Location Map
Grant Agreement 2021/22
ATTACHMENT 1 9.1
Packet Pg. 88 Attachment: 2021-22 Pianos About Town Location Map (10445 : Philanthropic Revenue: Art in Public Places)
-1-
ORDINANCE NO. 093, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC REVENUE
RECEIVED BY CITY GIVE FROM BOHEMIAN FOUNDATION
FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, the Pianos About Town project was started by the City’s Art in Public
Places (APP) program in 2010 and involves local artists painting or decorating pianos in Old
Town Square, with the finished pianos being rotated throughout Fort Collins for the public to
enjoy; and
WHEREAS, Pianos About Town is now a collaboration between APP, the Downtown
Development Authority's Art in Action program, and Bohemian Foundation; and
WHEREAS, Bohemian Foundation has donated $45,193 to support Pianos About Town
in 2021, and this Ordinance would appropriate the donated funds for that purpose; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of contributing to the vibrancy of Fort
Collins by making art and music fun and accessible for all; 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 Cultural
Services & Facilities Fund and will not cause the total amount appropriated in the Cultural
Services & Facilities 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 Cultural Services & Facilities Fund the sum of FORTY-FIVE THOUSAND ONE
HUNDRED NINETY-THREE DOLLARS ($45,193) for expenditure in the Cultural Services &
Facilities Fund for the Art in Public Places program.
Packet Pg. 89
-2-
Introduced, considered favorably on first reading, and ordered published thi s 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 90
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Brad Buckman, Manager, Civil Engineering
Dan Woodward, Civil Engineer I
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 094, 2021, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Drake and College Intersection Improvements Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $498,900 in Transportation Capital Expansion Fee (TCE F) Fund
reserves and $1,100 in Transportation Services Fund reserves to begin design and coordination on the Drake
and College intersection (the “Intersection”) improvements. This work must be done to run concurrently with
several active developments within the Urban Renewal Authority (URA) plan area that are in the vicinity of the
Intersection. In addition, this item will authorize the transfer of $5,000, one percent of the appropriated funds,
from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places (APP).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading
BACKGROUND / DISCUSSION
The state highway Intersection of Drake and College is a critical arterial-arterial intersection in midtown Fort
Collins that presents safety concerns and congestion issues. The Urban Renewal Authority (“URA”) area
recently adopted a plan that included several public improvements in the intersection vicinity that focus on
intersection improvements for pedestrians, bicyclists, and vehicles. (Attachment 1)
There have been several active developments, both nearby and directly adjacent to the intersection, proposed
recently. To effectively coordinate improvements to the intersection with the URA improvements, the City
needs to begin conceptual and preliminary engineering and design.
The City collects transportation impact fees from new developments and redevelopment, which can increase
capacity of the transportation network. These Transportation Capital Improvement Fees (“TCEF”) help support
capital projects which increase vehicular, multimodal, and transit capacity. Appropriation of TCEF funds to
coordinate intersection improvements with proposed URA improvements will cause cohesive design and
streamline a transition to full project funding. The project goals follow the intent of TCEF funds.
This work will be done under City standards and approved and/or adopted plans, such as the Midtown in
Motion Plan. This appropriation would only begin the design process a nd help to identify opportunities for cost
savings, funding, right of way needs, project constraints, and other items needed to understand the project
area. Early involvement by the City will enhance flexibility in design and capture development momentum.
Per Chapter 23 of the City Code, Article XII (addressing Art in Public Places), Section 23 -304, all
appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one
10
Packet Pg. 91
Agenda Item 10
Item # 10 Page 2
percent of the estimated cost for works of art. As such, the total APP contribution to be appropriated with this
action, and transferred to the Cultural Services and Facilities Fund, is $5,000. This will consist of $3,900 of
TCEF reserves and $1,100 of Transportation Services Fund reserves. The Trans portation Services Fund
reserves are needed to satisfy the Operations and Maintenance (O&M) portion of the APP contribution (22%),
as TCEF funds are restricted and cannot be utilized for O&M; however, TCEF funds are allowed to be used to
satisfy the artwork portion of the contribution (78%).
CITY FINANCIAL IMPACTS
This appropriation would initiate the project. The funding anticipated for conceptual design, right-of-way
assessment, and other items to develop the project scope to be appropriated with this Council action is
summarized below:
Funds to be Appropriated with this Action
Transportation Capital Expansion Fee (TCEF) Fund Reserves (Transferred to Capital
Projects Fund)
$498,900
Transportation Services Fund Reserves (Transferred to Capital Projects Fund) $1,100
Total $500,000
Transfer to Cultural Services and Facilities Fund (APP Contribution) $5,000
Additional funding will be identified for future phases of the project.
BOARD / COMMISSION RECOMMENDATION
Staff presented to the Council Finance Committee on June 16, 2021. (Attachment 2)
PUBLIC OUTREACH
Staff met with URA representatives and will continue to coordinate and meet with residents, property owners,
and other stakeholders through the remainder of design and before and during construct ion.
ATTACHMENTS
1. URA Map - College and Drake Intersection (PDF)
2. Council Finance Committee Minutes (draft) (PDF)
10
Packet Pg. 92
Princeton Rd
E Thunderbird Dr
W Thunderbird DrMcclelland DrFrontage RdBay RdRedwing RdSCollegeAveE Drake RdW Drake Rd
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College / Drake URA MapPotential Capital Improvements
Printed: May 07, 2018
Path: S:\Engineering\Projects\Capital Projects\Maps\Drake_College Intersection\Proposed URA Boundary.mxd
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ATTACHMENT 1 10.1
Packet Pg. 93 Attachment: URA Map - College and Drake Intersection (10449 : TCEF Appropriation for Drake and College Intersection Design)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Meeting Minutes
June 16, 2021
3:00 - 5:00 pm
Zoom Meeting
Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Gorgol, Susan Gutowsky
Staff: Darin Atteberry, Kelly DiMartino, Kyle Stannert, Travis Storin, Teresa Roche,
Carrie Daggett, John Duval, Jackie Kozak Thiel, Theresa Connor, Lance Smith,
Gerry Paul, Jamie Gaskill, Heather Young, Lisa Schroers, Dan Woodward, Kyle
Lambrecht, Blaine Dunn, Kelley Vodden, Jordan Granath, Lawrence Pollack,
Cody Forst, Dave Lenz, Zack Mozer, Victoria Shaw, , Lindsay Ex
Others: Kevin Jones, Chamber
____________________________________________________________________________________
Meeting called to order at 3:00 pm
Julie Pignataro; I would like to note for the record that I have conferred with the City Manager and the City
Attorney and have determined that the Committee should conduct this meeting remotely because meeting in
person would not be prudent for some or all persons due to a current public health agency recommendation.
Approval of minutes from the May 24, 2021, Council Finance Committee Meeting. Emily Gorgol moved for approval
of the minutes as presented. Kelly Ohlson seconded the motion. Minutes were approved unanimously via roll call
by; Julie Pignataro, Kelly Ohlson and Emily Gorgol.
A.TCEF Supplemental Appropriation
Dan Woodward, Capital Projects Engineer
Drake and College – TCEF Supplemental Appropriation
EXECUTIVE SUMMARY
This item is proposing to appropriate $500,000 in Transportation Capital Expansion Fee (TCEF) Reserves to begin
design and coordination on the Drake and College intersection improvements. This work is needing to be done
in order to run concurrently with several active developments in the area and in conjunction with the Urban
Renewal Authority (URA) plan area.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support bringing a Summer 2021 appropriation of Transportation Capital
Expansion Fee (TCEF) reserves to begin design on the Drake and College intersection?
ATTACHMENT 2 10.2
Packet Pg. 94 Attachment: Council Finance Committee Minutes (draft) (10449 : TCEF Appropriation for Drake and College Intersection Design)
BACKGROUND/DISCUSSION
The intersection of Drake and College is critical arterial-arterial intersection in midtown Fort Collins with safety
and congestion issues. The area recently adopted a URA plan that included several public improvements in the
area, with a particular focus on intersection improvements for pedestrians, bicyclists, and vehicles.
There have been several active developments in the area both nearby as well as directly adjacent to the
intersection that have been proposed recently. In order to effectively coordinate improvements to the
intersection in conjunction with the URA improvements, the City needs to begin conceptual and preliminary
engineering and design. The TCEF Program supports the use of these funds to begin work on the intersection
from previously collected development fees.
This work will be done in accordance with City standards and approved and/or adopted plans, such as the
Midtown in Motion Plan. This appropriation would only begin the design process and help to identify
opportunities for costs savings, funding, right of way needs, project constraints and other items needed to fully
understand the project area.
Discussion / Next Steps;
Julie Pignataro; I don’t’ see that Clay Frickey is on this call – I have missed a few URA meetings, and I am trying to
remember what the plan looks like for this area?
Darin Atteberry; We have been talking about the development at the southwest corner and some activity on
northeast corner. We have heard some preliminary design ideas, but most of the conversations have been
around preserving the transportation options in addition to the private developments on the north and south
side.
Julie Pignataro; I have always wanted this to be more of a transportation hub – major MAX stop - rail has been
causing some issues there - transportation is not my forte but my concerns are that we are too early and if we
make these commitments we may be missing out on some opportunity for this to be a transit hub for the city
It is really the new center - right between where I used to work and where I live
hated everything about it for 4 years. Maybe I am misunderstanding the process
What is the deliverable that can be expected out of this process?
Darin Atteberry; In those urban renewal conversations with the private property owners, we have also been
talking about parking structure - parking can be a challenge especially when CSU is in session. At the station at
Drake and Mason has always been a challenge. When we were talking about potential (not on the adopted
master plan) weren’t we talking about potential under or over crossings of the railroad?
Brad Buckman; we are looking at that intersection in conjunction with the railroad crossing and a possible
overpass or underpass at that crossing which would be more of a longer-term investment. We feel this is
important because we want to start looking at the conceptual design of the intersection and how the new King
Soopers and the developments will come in and fit with that intersection but also how that might fit with a
potential overpass or underpass – we are working closely with URA (EH - Josh Birks and Clay Frickey) on a
possible funding partner for this. We are not ready to ask for construction funding – not there yet - this is to try
to get the conceptual design and the bigger picture of that intersection.
Julie Pignataro; how flexible is that design once it is complete?
10.2
Packet Pg. 95 Attachment: Council Finance Committee Minutes (draft) (10449 : TCEF Appropriation for Drake and College Intersection Design)
Dan Woodward; we like to start earlier when we can to try to coordinate and to be flexible -
we do not expect to get a final design – more let us explore – what are the opportunities we have? what does
an over or underpass look like? How can this intersection fit in with a transit hub with the adjacent
developments? It is very flexible
Juile Pignataro; do our Max plans involve Drake at any point? Does it keep going for mass transit? What is next?
Brad Buckman; right now, we have West Elizabeth that we are looking at in a conceptual design level.
Trying to get that postured for grant funding so that is the next BRT we are looking at -east / west. We are at
the very early conceptual stages for North College which is the next piece of the BRT network which would go up
to Highway 1. Those are the next couple of BRTs we are looking at.
Darin Atteberry; looking out 25+ years – I think the Harmony corridor and Mulberry corridor are both long range
corridors for BRT expansion
Emily Gorgol; this seems early, but I understand the reasoning – also the College and Drake intersection - I am
surprised that we are redoing it again - camera at the intersection.
Would like to see more than working on funding with the URA - they do a ton of engagement work – how is that
going to be incorporated into this plan? There was a lot of discussion of transportation and not cars
And how are we making that corridor more friendly to bikes and pedestrians and making it more assessable -so
it seems out of alignment as we are still a car dependent talking about wanting a more walkable and bikeable
community - tie into the max – I understand you want to do a conceptual study /review –
Are we ready this early in the game and we have the connections to bring the input into the design I am ok with
going forward – it was just surprising to me that we were talking about this intersection.
Dan Woodward; the URA and the plan development, their outreach, the multi modal piece of that is the reason
we want to engage so early - we really want to partner with a lot of the momentum around the things that are
discussing on the front end – The TCEF allows for multi modal and that would be one of the primary focuses of
this - so, if we can collaborate on where we locate a parking structure or where an over or underpass might be.
We want to be able to engage in a design, conceptual, cost perspective earlier on so we can fully understand.
Your points are very well taken – those are the exactly the sort of things we want to look at early on and
accommodate.
Kelly Ohlson; question on slide #3 - When is the last time we examined / updated this process of deciding what
is a fair payment?
Travis Storin; I can confirm that it was 2017 - across all of the Capital Expansion Fees (not just TCEFs) there was a
significant level of work / exhaustive review done by a fee task force.
Kelly Ohlson; developers pay into this big pot of money then they can come to us and say other than the local
streets that we have to pay for we are now building two collector streets and we reimburse all of that?
Kyle Lambrecht; above the local street portion
Kelly Ohlson; why is that? They are causing some of the issues that require the collector streets, and they benefit
greatly from them. I am always looking out for the minimum wage worker not having to pay for developer’s
streets.
10.2
Packet Pg. 96 Attachment: Council Finance Committee Minutes (draft) (10449 : TCEF Appropriation for Drake and College Intersection Design)
Kyle Lambrecht; the reimbursement back to the developer comes from the development fee that was collected.
What is obligated in the program - the development is obligated to construct impacts solely associated with
their development and what is defined as the local street portion (cross section of a local street, sidewalks,
parkways, etc.. (slide #4) What can happen in these cases - site #2 will come in and we will ask them to make
improvements on their frontage as well as the intersection for instance – The value of these improvements then
can be assigned to these other sites as well so that when they come back and develop, they are also obligated to
reimburse this first development for improvements that address their impacts as well. So, even though this
person /developer is ‘first in’ we are asking them to come in and build these improvements and address these
now as a single time of impact to public - As these additional pieces come in they would need to be reimbursing
the initial developer for constructing improvements that meet their local needs.
Kelly Ohlson; I thought we said we paid out of the bucket of money for the collector streets for that
development. Why would the developer get reimbursed for what we paid for?
I do want to understand this – I would like the Fnance Committee to see it so it will not be the last time we see
this. - I thought I understood it – they contributed into big pot now we need the collector streets – the dollars
that the other sites pay in goes back into the city pot of money – that is not what I heard – make sure that those
that benefit pay their fair share.
Kyle Lambrecht; I apologize - I was speaking about the adjacent developer’s local street obligation.
Carrie Daggett; John Duval has worked directly with putting the fee program together.
John Duval; there is a series of things that happen - the CDEF is supposed to pay for the collector streets and
other major portions and the local portion is paid for by the developer for their impacts. But when they are
required to oversize streets near them that is when the TCEFs are used to reimburse the developer for the
collector and the oversized streets. They also ask other developers as they come in and build along those
10.2
Packet Pg. 97 Attachment: Council Finance Committee Minutes (draft) (10449 : TCEF Appropriation for Drake and College Intersection Design)
streets if the city has paid for those collectors then they will need to reimburse the city for the local portion -
occasionally the reimbursements could go directly to the developer who oversized it - if the city has not
reimbursed them already. The city is not actually obligated to reimburse them - they are subject to annual
appropriation and so, we only pay them if and when we have the money available for those oversized
improvements.
The concept is that the developers and their developments are also paying the TCEF and paying their fair share
for the oversizing portion as well - Developers paying in TCEF – pay for the oversizing portion as well
We would like you at the same time to build the oversizing and we will give you an IOU -
when we have the money to pay you back – sometimes the money is available sooner than expected or a few
years out.
Kelly Ohlson: If site #2 develops first - Does site #4 pay their fair share as well for street improvements?
Confirming that first in does not benefit or get punished and that everyone pays their fair share.
John Duval; that is the theory of the system – site #4 will pay their local portion – they will also pay the CDEFs
they are required to pay for their share of the oversize improvements - the same thing for site #2 as well
Kelly Ohlson; what is the most likely range for an overpass or underpass?
Dan Woodward; we have started to engage in looking at some of that - is it feasible? What does something like
that cost? Near range or long range?
Brad Buckman; the most likely range would be $30-45M
Kelly Ohlson; I am guessing since it is raining federal dollars that is what we are working for, and we want to be
shovel read.
Dan Woodward; you are correct - we are trying to get these queued up
Brad Buckman; this would have to be a large grant type funding - multi modal improvements and grants
Kelly Ohlson; Kroger is the #1 grocer and #A2 retailer in the US - as we talk about those who have the ability to
pay - Have they requested any public money?
Darin Atteberry; my recollection is no - we have made a couple of visits to try to get them to think in a different
level in regard to mixed use, higher density, parking structure – talked about potential leverage but as you know,
there is no interest in that. I will confirm this with Josh Birks, but my understanding is that is no activity around
a private/public partnership related to that site. We tried as that is a very critical intersection but not a lot of
interest in that.
John Duval; the southwest corner is the only area where we are talking about URA benefits - funding
The Timberline Recycling Center agenda topic was moved out to the July 7th Council Finance Committee meeting
due to time constraints.
Meeting adjourned at noon.
10.2
Packet Pg. 98 Attachment: Council Finance Committee Minutes (draft) (10449 : TCEF Appropriation for Drake and College Intersection Design)
-1-
ORDINANCE NO. 094, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE DRAKE AND COLLEGE INTERSECTION
IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the state highway intersection of Drake and College is a critical arterial-
arterial intersection (the “Intersection”) in midtown Fort Collins that presents safety concerns
and congestion issues; and
WHEREAS, the Urban Renewal Authority (“URA”) recently adopted a plan that
included several public improvements in the vicinity of the Intersection that focus on intersection
improvements for pedestrians, bicyclists, and vehicles; and
WHEREAS, there are several URA development improvements in the vicinity of the
Intersection that the City wishes to coordinate with and therefore needs to begin conceptual and
preliminary engineering designs to keep pace with the implementation of the URA
improvements; and
WHEREAS, the City collects impact fees from new developments and redevelopments
which can be used to increase capacity of the transportation network; these Transportation
Capitol Expansion Fees (“TCEF”) can help support capital projects which increase vehicular,
multimodal and transit capacity; and
WHEREAS, appropriation of the TCEF funds for Intersection improvements to
coordinate with the URA improvements creates a cohesive design and streamlines the project
funding; and
WHEREAS, the appropriation will begin the design process and help identify
opportunities for cost savings, funding, right-of-way needs, project constraints and other items
needed to anticipate the needs of the Intersection area; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of improving the overall Intersection
safety for bicyclist, pedestrians, and vehicles; 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 these appropriations are available and previously unappropriated from the
Transportation Capital Expansion Fee Fund and the Transportation Services Fund, as applicable,
and will not cause the total amount appropriated in the Transportation Capital Expansion Fee
Fund or the Transportation Services Fund, as applicable, to exceed the current estimate of actual
Packet Pg. 99
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and anticipated revenues and all other funds to be received in these Funds during this fiscal year;
and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds are to
be expended remains unchanged, the purpose for which the funds were initially appropriated no
longer exists, or the proposed transfer is from a fund or capital project in which the amount
appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation
ordinance; and
WHEREAS, the City Manager has recommended the transfer of $5,000 from the Capital
Projects Fund to the Cultural Services and Facilities Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of FOUR HUNDRED NINETY-EIGHT
THOUSAND NINE HUNDRED DOLLARS ($498,900) for expenditure from the Transportation
Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the Drake and College
Intersection Improvements Project and appropriated therein.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE THOUSAND ONE HUNDRED DOLLARS
($1,100) for expenditure from the Transportation Services Fund for transfer to the Capital
Projects Fund for the Drake and College Intersection Improvements Project and appropriated
therein.
Section 5. That the unexpended and unencumbered appropriated amount of THREE
THOUSAND NINE HUNDRED DOLLARS ($3,900) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for
the Art in Public Places Program art projects.
Section 6. That the unexpended and unencumbered appropriated amount of ONE
THOUSAND DOLLARS ($1,000) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program operation costs.
Section 7. That the unexpended and unencumbered appropriated amount of ONE
HUNDRED DOLLARS ($100) in the Capital Projects Fund is authorized for transfer to the
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Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program maintenance costs.
Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 101
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Jason Licon, Airport Director
Aaron Ehle, Airport Planning & Devt Specialist
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 095, 2021, Authorizing Conveyance of a P ermanent Non-Exclusive Utility
Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional
Airport for the Discovery Air Development.
EXECUTIVE SUMMARY
The purpose of this item is to authorize a permanent non -exclusive utility easement over a portion of Northern
Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland and leased by
Discovery Air, LLC, to allow for the installation and maintenance of electrical infrastructure for the new
Discovery Air development.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort Co llins
and Loveland. In 2015, the Cities entered into an intergovernmental agreement (IGA) that formed the Northern
Colorado Regional Airport Commission, which is delegated certain powers and authority to operate and
maintain the Airport. The City Councils of the Cities have the authority to grant an easement as a permanent
property right in the Airport Property.
In connection with the planned Discovery Air development project, the City of Loveland has requested a
permanent non-exclusive easement for electr ical infrastructure (the “Easement”) to serve the development.
According to Fort Collins Municipal Code Sec. 23-114. - Disposition of property interests for less than fair
market value - Any sale, lease or other conveyance of property interests approved under Subsection 23-
111(a) or (b) or § 23-113 above must be for an amount equal to or greater than the fair market value of such
interest unless the City Council or City Manager, as applicable, determines that such sale or lease serves a
bona fide public purpose because:
(1) The use to which the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins;
Northern Colorado Regional Airport is a public use airport which is jointly owne d by Fort Collins and Loveland.
This easement will allow for private investment that will bring improvements to the Airport and the users it
serves. The Airport supports many important emergency response and safety functions, such as medevac
flights and aerial firefighting operations. The improvements constructed by Discovery Air will revert to the
Cities and continue to serve the Airport after the expiration of the lease.
11
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Agenda Item 11
Item # 11 Page 2
(2) The use to which the property will be put supports one (1) or more of the City Council's goals, adopted
policies, projects or plans;
The easement will allow for private development of the site in alignment with the Airport Master Plan and the
Discovery Air lease agreement, which have both been approved by the City Council.
(3) The financial support provided by the City through the below-market disposition of the property will be
leveraged with other funding or assistance;
The City is benefiting from the grant of easement by allowing its partner, the City of Loveland, to provide
utilities to permit the development of the Airport as guided by the Airport Master Plan. Furthermore, the Cities
are receiving consideration through rent paid by the lessee under the lease agreement, which has been
approved by Council.
(4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to the
extent such benefit is only an incidental consequence and is not substantial relative to the public purpose
being served; and
The easement will simply allow t he City of Loveland to provide power to a private development on leased
Airport land, at the developer’s expense. Ultimately, the Airport and the two Cities benefit from the utilities
provided to permit development at the Airport. Discovery Air will not r eceive any more benefit than the other
customers to which the City of Loveland provides utility services.
(5) Selling or leasing the property for less than fair market rent will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Granting the easement will not interfere with any City projects or work programs. The granted easement will
ultimately benefit the Airport and the two Cities.
As the easement meets the above criteria, Airport staff and the Airport Commission recommend approval of
the Easement as it allows for privately-funded aeronautical development on leased land, which will benefit the
Airport and Cities.
BOARD / COMMISSION RECOMMENDATION
The Northern Colorado Regional Airport Commission and the City Councils of Fort Collins and Loveland have
approved the 2020 Airport Master Plan and the Lease Agreement with Discovery Air.
PUBLIC OUTREACH
The development of the 2020 Airport Master Plan, which took more than two years to complete, included
numerous public meetings and significant outreach by the Airport, far exceeding what is recommended by the
Federal Aviation Administration (FAA).
ATTACHMENTS
1. Discovery Air Electrical Easement (PDF)
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ATTACHMENT 1 11.1
Packet Pg. 104 Attachment: Discovery Air Electrical Easement (10451 : Airport Easement)
-1-
ORDINANCE NO. 095, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF A PERMANENT NON-EXCUSIVE UTILITY
EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY AND THE CITY OF
LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR THE
DISCOVERY AIR DEVELOPMENT
WHEREAS, the City of Fort Collins (“Fort Collins”) and the City of Loveland
("Loveland") (collectively, the “Cities”) jointly own property located in Loveland, Colorado
(the "Property") known as the Northern Colorado Regional Airport (the “Airport”) and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”); and
WHEREAS, in connection with the planned development of certain undeveloped real
property on the Airport leased to and to be developed by Discovery Air LLC (“Developer”) for
aeronautical uses, Loveland Utilities has requested a permanent non-exclusive easement for
installation of Loveland-owned utility systems to serve the Developer’s leased property (the
“Easement”) over and across that portion of the Airport property legally described on Exhibit A
and depicted on Exhibit B attached hereto and incorporated herein by this reference (the
“Easement Property”); and
WHEREAS, the Cities desire to grant the Easement on the terms and conditions more
fully set forth in the Grant of Utility Easement attached hereto as Exhibit C and incorporated
herein by reference (the “Easement Agreement”); and
WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest 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 on the terms and conditions set forth in the Easement Agreement for less than fair
market value serves a bona fide public purpose and is in the best interests of the City as required
by City Code Section 23-114 because:
a. The use to which the Easement Property will be put promotes health, safety or
general welfare and benefits a significant segment of the citizens of Fort Collins by
facilitating private investment in and improvement of the Airport and the users it serves,
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including provision of many important emergency response and safety functions, such as
medevac flights and aerial firefighting operations, and the improvements to be
constructed by Developer that will provide revenue and revert to the Cities and continue
to serve the Airport after the expiration of the lease;
b. The use to which the Easement Property will be put supports one (1) or more of
the City Council's goals, adopted policies, projects or plans, including the Airport Master
Plan and the Developer’s lease and development of Airport property, both of which were
approved by Council;
c. The financial support provided by the City through the below-market disposition
of the Easement Property will be leveraged with other funding or assistance by enabling
the construction and operation of new on-Airport development at Developer’s cost, which
will provide an ongoing revenue stream to the Airport;
d. The sale or lease will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental consequence and is
not substantial relative to the public purpose being served because it will enable
development at the Airport for the benefit of the Cities and the Developer will not receive
any benefit different from that afforded to all customers to which Loveland provides
utility services; and
e. Granting the Easement for less than fair market rent will not interfere with current
City projects or work programs, hinder workload schedules or divert resources needed for
primary City functions or responsibilities and will ultimately benefit the Airport and the
Cities.
Section 3. That the Mayor is hereby authorized to execute the Easement Agreement
substantially in the form attached hereto with such modifications or 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 or effectuate the purposes of this Ordinance.
Packet Pg. 106
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Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 107
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN; TOWN OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO;
BEING A PORTION OF TRACT B, BARNSTORM SECOND ADDITION TO THE CITY OF LOVELAND, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33 FROM WHICH THE EAST QUARTER CORNER
OF SECTION 33 BEARS S00°24'16"E A DISTANCE OF 2,599.35 FEET AND CONSIDERING ALL BEARINGS
HEREIN RELATIVE THERETO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, S00°24'16"E A DISTANCE
OF 1964.13 FEET;
THENCE S89°35'44"W A DISTANCE OF 40.49 FEET TO THE POINT OF BEGINNING;
THENCE S70°50'42"W A DISTANCE OF 1182.50 FEET;
THENCE S20°15'13"E A DISTANCE OF 47.25 FEET;
THENCE S70°13'51"W A DISTANCE OF 216.15 FEET;
THENCE S19°43'04"E A DISTANCE OF 1107.97 FEET;
THENCE N70°16'56"E A DISTANCE OF 924.60 FEET;
THENCE N00°02'13"E A DISTANCE OF 815.53 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09°37'55", A RADIUS OF 865.0 FEET, AN
ARC LENGTH OF 145.42 FEET, AND A CHORD THAT BEARS N04°51'11"E A DISTANCE OF 145.24 FEET;
THENCE N09°40'05"E A DISTANCE OF 280.23 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 29.9 ACRES (1,301,431.40 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS NOW IN USE OR OF RECORD.
A1 A
Packet Pg. 108 Attachment: Exhibit A (10472 : Airport Easement ORD)
300
EXHIBIT A2
S89"35' 44 "W
40.49'
� c�-
�s�� GU POINT OF BEGINNING
0
Lr9"37'55"
R=865.00'
L=145.42'
CH=145.24'
N04"51 '11 "E
Noo·o2•13"E
815.53'
300 600 ------ii
N scale 1"=300' feet
z 0 CD 0 )> • {I) N -1-i:,,.{/) �O> �Ii
CD N rr, (}l )> <O ::::0 <O
Z0J
G') U!,
NORTHEAST CORNER SECTION 33, T.6N., R.68W
EARHART RD.
EAST QUARTER CORNER SECTION 33, T.6N., R.68W
DATE: JULY 06, 2021
JOB NO. 0732.0381.00
SHEET 1 OF 1
I=? 748 'Mlalera Way, Suite 200 Fart Calllr11, Colorado
�.__ ________________________________ P=hon __ e: .... 9 .... 70=.22=6.055........,7 __ ____.
A
Packet Pg. 109 Attachment: Exhibit A (10472 : Airport Easement ORD)
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN; TOWN OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO;
BEING A PORTION OF TRACT B, BARNSTORM SECOND ADDITION TO THE CITY OF LOVELAND, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33 FROM WHICH THE EAST QUARTER CORNER
OF SECTION 33 BEARS S00°24'16"E A DISTANCE OF 2,599.35 FEET AND CONSIDERING ALL BEARINGS
HEREIN RELATIVE THERETO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, S00°24'16"E A DISTANCE
OF 2,599.35 FEET;
THENCE S00°37'06"W A DISTANCE OF 349.93 FEET TO THE POINT OF BEGINNING;
THENCE N 89^06'46" W A DISTANCE OF 101.02 FEET;
THENCE S 0^53'14" W A DISTANCE OF 10.00 FEET;
THENCE S 89^06'46" E A DISTANCE OF 100.85 FEET;
THENCE N 0^06'04" W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 0.023 ACRES (1,009 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS NOW IN USE OR OF RECORD.
B1 B
Packet Pg. 110 Attachment: Exhibit B (10472 : Airport Easement ORD)
B2 B
Packet Pg. 111 Attachment: Exhibit B (10472 : Airport Easement ORD)
Rev. 1-2021
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made and entered into by and between the
CITY OF LOVELAND, COLORADO, a Colorado home rule municipal corporation
(“Loveland”) and the CITY OF FORT COLLINS, COLORADO, a Colorado home rule
municipal corporation (“Fort Collins”) (jointly “Grantor”), and LOVELAND, with an address of
500 E. Third Street, Loveland, Colorado 80537. This Grant of Utility Easement is effective as of
the date of the Grantor’s Official Acceptance in the signature blocks below .
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which
is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and
deliver ed unto Loveland, its successors, and assigns , in perpetuity, a non-exclusive easement in,
over, under, through, and across the real property described below for purposes of constructing,
repairing, replacing, relocating, inspecting, operating, maintain ing, and accessing Loveland-
owned utility systems across, through, upon, and under the real property described on the
attached Exhibits A and B (the “Easement Area”); provided, however, that Loveland shall
restore the ground surface to its prior condition after any disturbance of such surface . The term
“Loveland-owned utility systems”, means above and below ground wires, lines, cables, ducts,
conduits, pipes, pumps, pedestals, risers, poles, vaults, manholes , fire hydrants, pull boxes, and
any other equipment, appurtenances , and structures associated with electric, water, wastewater,
communications, and stormwater systems that are owned and operated by Loveland.
Grantor is prohibited from constructing or placing on any part of the Easement Area without
prior written approval from the Director of the Northern Colorado Regional Airport in
consultation with the Loveland Department of Water and Power , any fence or gate, building,
above or below ground utility systems or appurtenances not owned or maintained by Loveland,
or any other permanent or substantial structure. Grantor is prohibited from making or permitting
any use of the Easement Area that would impair, impede , or interfere with Loveland’s access to
or along the easement, or Loveland’s full free use and exercise of the easement. Loveland shall
be permitted to immediately remove without liability for da mages any obstruction prohibited by
this easement that interferes with Loveland’s access to Loveland-owned utility systems or
impairs Loveland’s full free use and exercise of the easement.
If the Grantor or their successors and assign s or le ssees owns the trees and other
vegetation on the Easement Area, and the Grantor acknowledges, for itself and for all successors
and assigns, that this easement provides Loveland with the authority to cut and remove trees and
other vegeta tion that encroaches upon the Easement Area if, in the sole discret ion of Loveland,
such trees or vegetation interfere with Loveland’s use and enjoyment of this easement.
The Easement Area hereby granted, situated in Larimer County, C olorado, is des c ribed as
follows:
Exhibit A – Easement Area A Legal Description (A1) and Drawing (A2)
Exhibit B – Easement Area B Legal Description (B1) and Drawing (B2)
EXHIBIT C C
Packet Pg. 112 Attachment: Exhibit C (10472 : Airport Easement ORD)
Rev. 1-2021
Due to the “blanket” nature of this Grant of Utility Easement, as the Loveland-owned
utility systems are installed within the Easement Area over time, Loveland shall provide Grantor
with updated “as -built” legal descriptions identifying the areas in which the utilities are located.
Loveland may require the Lessee to provide such legal descriptions at Lessee’s sole cost and
expense. Such “as built” legal desc riptions shall be executed by the Director of the Northern
Colorado Regional Airport and recorded as addenda to this Grant of Utility Easement. Upon
recording of addenda identifying such specific easement areas for all Loveland -owned utility
systems requir ed for development of the prope rty on which the Easement Area is located, the
blanke t easement granted herein shall be deemed modified to include only the specific ally
described easement areas set forth on such addenda.
TO HAVE AND TO HOLD said easement unto Loveland, its successors, and assigns
forever. This perpetual easement and the rights, benefits, and obligations created hereby
constitute a burden upon the estate of Grantor in the underlying lands and shall run with the land
and be binding upon Grantor and its successors, personal representatives, assigns, and heirs.
Grantor does hereby covenant with Loveland that it is lawfully seized and possessed of the real
property above described, that it has a good and lawful right to convey the easement herein
granted, that the easement is free and clear of all liens and encumbrances, and that it will forever
warrant and defend the title thereto against lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has executed this Grant of Utility Easement on the
date below .
CITY OF LOVELAND, COLORADO
a Colorado home rule municipal corporation:
By:
Date: ____________________________________
Print Name:
Title:
ATTEST:
City Clerk
APPROVE AS TO FORM:
Assistant City Attorney
EXHIBIT C C
Packet Pg. 113 Attachment: Exhibit C (10472 : Airport Easement ORD)
Rev. 1-2021
CITY OF FORT COLLINS, COLORADO
a Colorado home rule municipal corporation
By:
Date: ____________________________________
Prin t Name:
Title:
ATTEST:
City Clerk
APPROVE AS TO FORM:
_____________________________
Judy Schmidt, Senior Assistant City Attorney
EXHIBIT C C
Packet Pg. 114 Attachment: Exhibit C (10472 : Airport Easement ORD)
Rev. 1-2021
LESSEE ACKNOWLEDGEMENT
With respect to and to the extent of its leasehold interest in the Easement Area arising from the
Northern Colora do Regional Airport Ground Lease Agreement dated January 16, 2019 (the
“Lease Agreement”), Discovery Air, LLC (“Lessee”) hereby joins in this Grant of Utility
Easement and consents hereto. Lessee acknowledges and agrees that the granting of this Grant of
Utility Easement by Loveland and Fort Collins does not constitute a default under the Lease
Agreement.
DISCOVERY AIR, LLC
By:
Title:
Date:
State of __________________ )
) ss
County of ________________ )
Acknowledged before me this ____ day of ___________, 20___, by (Name)
______________________________ as (Title) _____________________________.
Wit ness my hand and seal. My commission expires: ____________________.
(S E A L)
Notary Public
[INSERT LENDER SIGNATURE BLOCK AS NEEDED]
OFFICIAL ACCEPTANCE BY THE CITY OF LOVELAND APPROVED AS TO FORM:
_________________________________________ ______________________
Stephen C. Adams , City Manager Assistant City Attorney
ATTEST:
_____________________ ________________
City Clerk Date
EXHIBIT C C
Packet Pg. 115 Attachment: Exhibit C (10472 : Airport Easement ORD)
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN; TOWN OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO;
BEING A PORTION OF TRACT B, BARNSTORM SECOND ADDITION TO THE CITY OF LOVELAND, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33 FROM WHICH THE EAST QUARTER CORNER
OF SECTION 33 BEARS S00°24'16"E A DISTANCE OF 2,599.35 FEET AND CONSIDERING ALL BEARINGS
HEREIN RELATIVE THERETO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, S00°24'16"E A DISTANCE
OF 1964.13 FEET;
THENCE S89°35'44"W A DISTANCE OF 40.49 FEET TO THE POINT OF BEGINNING;
THENCE S70°50'42"W A DISTANCE OF 1182.50 FEET;
THENCE S20°15'13"E A DISTANCE OF 47.25 FEET;
THENCE S70°13'51"W A DISTANCE OF 216.15 FEET;
THENCE S19°43'04"E A DISTANCE OF 1107.97 FEET;
THENCE N70°16'56"E A DISTANCE OF 924.60 FEET;
THENCE N00°02'13"E A DISTANCE OF 815.53 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09°37'55", A RADIUS OF 865.0 FEET, AN
ARC LENGTH OF 145.42 FEET, AND A CHORD THAT BEARS N04°51'11"E A DISTANCE OF 145.24 FEET;
THENCE N09°40'05"E A DISTANCE OF 280.23 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 29.9 ACRES (1,301,431.40 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS NOW IN USE OR OF RECORD.
A1
EXHIBIT C C
Packet Pg. 116 Attachment: Exhibit C (10472 : Airport Easement ORD)
300
EXHIBIT A2
S89"35' 44 "W
40.49'
� c�-
�s�� GU POINT OF BEGINNING
0
Lr9"37'55"
R=865.00'
L=145.42'
CH=145.24'
N04"51 '11 "E
Noo·o2•13"E
815.53'
300 600 ------ii
N scale 1"=300' feet
z 0 CD 0 )> • {I) N -1-i:,,.{/) �O> �Ii
CD N rr, (}l )> <O ::::0 <O
Z0J
G') U!,
NORTHEAST CORNER SECTION 33, T.6N., R.68W
EARHART RD.
EAST QUARTER CORNER SECTION 33, T.6N., R.68W
DATE: JULY 06, 2021
JOB NO. 0732.0381.00
SHEET 1 OF 1
I=? 748 'Mlalera Way, Suite 200 Fart Calllr11, Colorado
�.__ ________________________________ P=hon __ e: .... 9 .... 70=.22=6.055........,7 __ ____.
EXHIBIT C C
Packet Pg. 117 Attachment: Exhibit C (10472 : Airport Easement ORD)
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN; TOWN OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO;
BEING A PORTION OF TRACT B, BARNSTORM SECOND ADDITION TO THE CITY OF LOVELAND, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33 FROM WHICH THE EAST QUARTER CORNER
OF SECTION 33 BEARS S00°24'16"E A DISTANCE OF 2,599.35 FEET AND CONSIDERING ALL BEARINGS
HEREIN RELATIVE THERETO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, S00°24'16"E A DISTANCE
OF 2,599.35 FEET;
THENCE S00°37'06"W A DISTANCE OF 349.93 FEET TO THE POINT OF BEGINNING;
THENCE N 89^06'46" W A DISTANCE OF 101.02 FEET;
THENCE S 0^53'14" W A DISTANCE OF 10.00 FEET;
THENCE S 89^06'46" E A DISTANCE OF 100.85 FEET;
THENCE N 0^06'04" W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 0.023 ACRES (1,009 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS NOW IN USE OR OF RECORD.
B1
EXHIBIT C C
Packet Pg. 118 Attachment: Exhibit C (10472 : Airport Easement ORD)
B2
EXHIBIT C C
Packet Pg. 119 Attachment: Exhibit C (10472 : Airport Easement ORD)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Jim Byrne, Office of Emergency Management
Adam Stephens, Legal
SUBJECT
Resolution 2021- 076 Adopting the 2021 Larimer County Multi-Jurisdictional Hazard Mitigation Plan.
EXECUTIVE SUMMARY
The purpose of this Resolution is to affirm participation by the City in the Larimer County Multi -Jurisdictional
Hazard Mitigation Plan (HMP). The purpose of a hazard mitigation plan is to identify and prioritize mitigation
efforts that can reduce or eliminate long-term risk to people and property from disasters and other hazard
generating events. Studies have found that hazard mitigation is extremely cost -effective, with every dollar
spent on mitigation saving an average of $6 in avoided future losses.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The first Northern Colorado Regional Hazard Mitigation Plan (the “HMP”) was approved in 2005 and revised in
2010. These plans became the basis for the 2016 Larimer County Multi-Jurisdictional Hazard Mitigation Plan.
The Federal Emergency Management Agency (FEMA) requires that an HMP be updated every five years.
Having a current plan allows participating entities to apply for pre -disaster and post-disaster mitigation funds.
Access to federal funds have been critical in 2020 and 2021.
The HMP is comprehensive at a regional level and provides agreed upon strategies and priorities for a shared
approach to hazard mitigation. It is a flexible plan, subject to change when events impact the community in
varying degrees. Some events, like annual flooding, have ongoing and long -term strategic response plans and
mitigation efforts. Others, like a pandemic, require planning as well as agility and real -time shifting of efforts
and resources because of their unpredictability.
The benefits to a regionally shared HMP are significant. Larimer County takes the lead on the HMP, but City
staff worked on revising the plan to ensure issues specific to Fort Collins are addr essed and align. The HMP
was reviewed by the State of Colorado and forwarded to FEMA. FEMA is not expected to require any major
revisions and all participating jurisdictions are asked to adopt the plan prior to August 2021.
CITY FINANCIAL IMPACTS
The Resolution states that the City of Fort Collins will continue to support the plan and efforts underway to
mitigate the impact of identified hazards on the community and region. It does not commit the City to funds or
resources that are not approved through normal budgeting and business processes.
12
Packet Pg. 120
Agenda Item 12
Item # 12 Page 2
PUBLIC OUTREACH
As the lead, Larimer County held required public meetings in 2020 and the draft plan was made available for
public comment in February of 2021.
12
Packet Pg. 121
-1-
RESOLUTION 2021-076
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2021 LARIMER COUNTY
MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, the City has experienced flooding, wildfires, and other natural and human-
caused hazard events that pose risks to public health and safety and may cause serious property
damage; and
WHEREAS, on June 21, 2016, the City Council adopted Resolution 2016-048 approving
and adopting the current Larimer County Multi-Jurisdictional Hazard Mitigation Plan (the “2016
Plan”), which expires in 2021; and
WHEREAS, having a current mitigation plan allows participating entities to apply for
pre-disaster and post-disaster mitigation funds, which has been critical to the City in 2020 and
2021.
WHEREAS, the Mitigation Planning Committee, representing twenty-seven different
jurisdictions within Larimer County including the City of Fort Collins, has developed an update
to the 2016 Plan in accordance with FEMA requirements at 44 C.F.R. 201.6 (the “2021 Plan”);
and
WHEREAS, the 2021 Plan updates the list of disaster declarations, hazards data and past
occurrences to include 2016-2020 data regarding wildfire risk, potential consequences of climate
change, flood hazard, and earthquake vulnerability; and
WHEREAS, the 2021 Plan recommends several mitigation actions that will help
minimize and reduce safety threats and damage to private and public property; and
WHEREAS, two public meetings were held on May 28, 2020, and October 13, 2020, to
present draft planning documents and to solicit input during the development of the 2021 Plan;
and
WHEREAS, the 2021 Plan, dated May 2021, is over 319 pages long with over 1000
pages of attachments, so is on file and available in electronic format through the City Clerk’s
office; and
WHEREAS, the draft 2021 Plan was made available for public comment from February
1, 2021 to February 22, 2021 to solicit questions and comments; and
WHEREAS, staff recommends that Council approve and adopt the 2021 Plan as
consistent with the City’s interests and objectives related to hazard prevention and mitigation;
and
WHEREAS, the Council desires to approve and adopt the 2021 Plan.
Packet Pg. 122
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves and adopts the 2021 Plan,
replacing and superseding the 2016 Plan, and resolves to support efforts and det erminations
contained in the 2021 Plan.
Section 4. The City Manager is hereby directed to cause the City organization, as
identified in the 2021 Plan, to pursue implementation of the recommended priority actions that
may be assigned to their respective departments/divisions.
Section 5. That any action proposed in the 2021 Plan shall be subject to and
contingent upon budget approval if funding is required.
Section 6. That this Resolution shall not be interpreted as a mandate for any funding
appropriations.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 123
Natural Areas Vi sitation
Staff Report
7-20-2021
Zoë Shark
Interim Natural Areas Department Director
STAFF INFORMATION REPORT A
Packet Pg. 124 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
2Alignment
CITY PLAN
ENV 1c:
Promote understanding and
enjoyment of local and
regional open lands...
(through) recreational activities,
formal and nonformal education,
and interpretive programs.
CR 2: Provide a variety of high
quality outdoor recreational
opportunities that are
accessible to all residents.
2020 STRATEGIC
PLAN
ENV 4.10: Expand the
Natural Areas land portfolio
while simultaneously
maintaining existing lands and
improving equitable access to
nature.
CR 2.5 Ensure safety and
welfare in City parks, natural
areas, trails and cultural and
recreational facilities for visitors
and employees.
A
Packet Pg. 125 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
3
To conserve and enhance lands with natural resource,
agricultural and scenic values, while providing
meaningful education and appropriate recreation
opportunities.
Natural Areas Department Mission
A
Packet Pg. 126 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
Natural Areas Visitation Trends 4
214%
35%
19%64%34%
35%
13%34%
26%
40%
22%
77%
0
20000
40000
60000
80000
100000
120000
140000
160000
2019-2020 VISITAT ION
2019
Drivers of Visitation
•COVID-19
•Population growth
•Access to information
A
Packet Pg. 127 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
Natural Areas Visitation
•People connecting to nature
•Physical and mental health benefits
•Rediscovering special spots
•Increased community engagement
•Visitation shows support for natural areas
5
Opportunities Challenges
•Parking lot management and crowd control
•Increased waste collection,restroom cleaning
•Staff capacity
•Potential for visitor experience impacts
•Potential for resource damage
A
Packet Pg. 128 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
Natural Areas Visitation Management Strategies
Rapid Response Visitor Use Team
•Plan-Example: Gateway Natural Area Charette
•Do-Webcams, parking lot changes, increased
waste collection, communications, trailhead
tables, volunteers, additional land conservation,
etc.
•Check-field reports, resource and trail
assessments, visitor and resident surveys
•Act-adjust, improve processes, explore new
ideas
6
A
Packet Pg. 129 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
Moving Forward Together
Visitation will be a major
opportunity and challenge into the
future.
•Strategic approach
•Resources
•Continued stewardship
•Community engagement
7
A
Packet Pg. 130 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
For More Information, Visit
THANK YOU!
fcgov.com/NaturalAreas
A
Packet Pg. 131 Attachment: Natural Areas Presentation (10480 : Staff Report: Natural Areas Visitation)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
SUBJECT
Second 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
This Ordinance, adopted on July 6, 2021 by a vote of 5 -2 (Nays: Gutowsky, Ohlson), amends 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 072, 2021 (PDF)
13
Packet Pg. 132
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 Quasi-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.
ATTACHMENT 1 13.1
Packet Pg. 133 Attachment: First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (10464 : SR 072 Boardmember Bias)
-1-
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.
13.2
Packet Pg. 134 Attachment: Ordinance No. 072, 2021 (10464 : SR 072 Boardmember Bias)
-2-
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 commission 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 business 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 commission 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 variance,
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;
13.2
Packet Pg. 135 Attachment: Ordinance No. 072, 2021 (10464 : SR 072 Boardmember Bias)
-3-
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 project
for which a City review, permit or approval is required, except as expressly
authorized and directed by such commission.
13.2
Packet Pg. 136 Attachment: Ordinance No. 072, 2021 (10464 : SR 072 Boardmember Bias)
-4-
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
13.2
Packet Pg. 137 Attachment: Ordinance No. 072, 2021 (10464 : SR 072 Boardmember Bias)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Clark Mapes, City Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 096, 2021, Amending the City's Structure Plan Map to Conform to the
Rezoning of the Hughes Stadium Annexation Property to Public Open Lands.
EXECUTIVE SUMMARY
The purpose of this item is to update the Structure Plan map to be consistent with the recent voter -directed
rezoning of the Hughes Stadium property as Public Open Lands (POL). The Structure Plan map, and its
associated land use designations called ‘Place Types’ are part of City Plan, the City’s comprehensive plan.
The Structure Plan provides a long-term framework for land use and transportation to guide growth and
change. This update to the Structure Plan map eliminates the conflict with the POL zoning on the Hughes
Stadium property and appropriately represents the community’s land use direction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Typically, zoning is guided by the Structure Plan. However, in this case Fort Collins voters passed a citizen -
initiated ballot measure on April 6, 2021, requiring that the City rezone the Hughes Stadium property to the
Public Open Lands (POL) zone district. The rezoning was then approved by Council on May 18, 2021.
The rezoning made the Structure Plan’s designations of Neighborhood Place Types obsolete, and staff
considers this proposed amendment to be a housekeeping update to simply bri ng the Structure Plan and the
zoning into alignment. The proposed amendment does not constitute any new policy direction because the
policy direction for the subject property was established by the ballot measure.
City Plan can be accessed at https://www.fcgov.com/cityplan. The Structure Plan section starts on page 92.
The Parks and Natural/Protected Lands Place Type is consistent with other properties within the City zoned as
Public Open Lands.
ATTACHMENTS
1. Existing City Structure Plan (PDF)
2. Proposed City Structure Plan (PDF)
3. Powerpoint Presentation (PDF)
14
Packet Pg. 138
ATTACHMENT 1 14.1
Packet Pg. 139 Attachment: Existing City Structure Plan (10452 : Hughes Stadium Structure Plan Map Update)
ATTACHMENT 2
14.2
Packet Pg. 140 Attachment: Proposed City Structure Plan (10452 : Hughes Stadium Structure Plan Map Update)
July 20, 2021
Hughes Stadium Structure Plan map Update
Paul Sizemore –CDNS Director
ATTACHMENT 3 14.3
Packet Pg. 141 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
Overview
2
•Update City Plan’s City Structure Plan map
•Make City Plan consistent with voter-directed POL zoning
14.3
Packet Pg. 142 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
Zoning Map
W.Prospect Rd.S. Overland Trail Rd.SUBJECT PROPERTY
Public Open Lands (POL)
Va rious
Neighborhood
Zone Districts
(RF, LMN, MMN, NC)
W.Drake Rd.
14.3
Packet Pg. 143 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
City Plan
14.3
Packet Pg. 144 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
Structure
Plan Map
14.3
Packet Pg. 145 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
6
Structure Plan Map
14.3
Packet Pg. 146 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
14.3
Packet Pg. 147 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
14.3
Packet Pg. 148 Attachment: Powerpoint Presentation (10452 : Hughes Stadium Structure Plan Map Update)
-1-
ORDINANCE NO. 096, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY’S STRUCTURE PLAN MAP TO CONFORM TO THE REZONING
OF THE HUGHES STADIUM ANNEXATION PROPERTY TO PUBLIC OPEN LANDS
WHEREAS, by adoption of Resolution 2019-048, City Council adopted the updated
version of City Plan, the City’s comprehensive plan; and
WHEREAS, by adoption of Ordinance No. 040, 2020, City Council subsequently ratified
City Plan and its components and elements; and
WHEREAS, the City’s Structure Plan and Structure Plan Map are contained in Chapter 4
of City Plan; and
WHEREAS, the Structure Plan Map serves as a blueprint for the future development
pattern of the City, sets forth a basic framework for future land use and transportation decisions,
and provides guidance for decision makers to identify specific zoning boundaries and zone
districts; and
WHEREAS, the Structure Plan Map is comprised of “place types”; and
WHEREAS, the current Structure Plan Map identifies the property subject to the Hughes
Stadium Annexation (the “Hughes Stadium Property”) as Suburban Neighborhood place type on
the western portion and Mixed Neighborhood place type on the eastern portion; and
WHEREAS, on April 6, 2021, the registered voters of the City passed a ballot measure
requiring City Council, among other things, to rezone the Hughes Stadium Property from the
Transition District to the Public Open Lands District; and
WHEREAS, by adoption of Ordinance No. 069, 2021, City Council rezoned the Hughes
Stadium Property to the Public Open Lands District; and
WHEREAS, in order for the Structure Plan Map to conform to the rezoning of the
Hughes Stadium Property, the place types should be amended on the Structure Plan Map to the
Parks and Natural/Protected Lands place type; and
WHEREAS, such amendment of the Structure Plan Map is consistent with the Public
Open Lands zone district and City Plan and is in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Packet Pg. 149
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Section 2. That the City Council finds that the existing City Plan Structure Plan Map
is in need of amendment to conform with the prior rezoning of the Hughes Stadium Property to
Public Open Lands.
Section 3. That the City Council finds that the proposed amendment is consistent
with the Public Open Lands zoning of the Hughes Stadium Property, promotes the public
welfare, and is consistent with the vision, goals, principles and policies of City Plan and the
elements thereof.
Section 4. That the City’s Structure Plan Map shall be amended so as to appear as
shown on Exhibit “A” attached hereto and incorporated herein by this reference to change the
place type designation for the Hughes Stadium Property to Parks and Natural/Protected Lands.
Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 4th day of August, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 150
EXHIBIT A
A
Packet Pg. 151 Attachment: Exhibit A (10460 : Hughes Stadium Structure Plan Map Update ORD)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism Improvement District.
EXECUTIVE SUMMARY
The purpose of this item is for Council to consider establishing the Fort Collins Tourism Improvement District
(District). The District’s purpose is , “…to operate as a [tourism improvement district] charging fees to the
lodging businesses included within the District to fund and provide specific tourism services and improvements
for the benefit of the feepayers’ lodging businesses. These services and improvements will be primarily used
to increase room night sales for those lodging businesses.” Council will hold a public hearing at second
reading for the District on August 4, 2021, if this Ordinance passes on first reading. The petition submitted for
establishing the District meets the requirements outlined in Article V of Chapter 22 of the City Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2019, the City and Visit Fort Collins (VFC) jointly funded an effort to create a Tourism and Destination
Master Plan. Work began on the Plan and came to a halt in April 2020 due to the COVID -19 pandemic. During
the engagement, stakeholders noted additional revenue sources would be beneficial to hoteliers. From this
discussion came the idea to create a “Tourism Improvement District” (T ID) in Fort Collins to supplement hotel
revenues. An additional revenue stream for hotels became more important during the COVID -19 pandemic.
The VFC Board of Directors approved moving forward with a feasibility study to determine if a TID was an
option for Fort Collins.
VFC hired Civitas to conduct the TID Feasibility Study. The Feasibility Study found that Colorado law permit s
TIDs and that Fort Collins may create its own local ordinance permitting the formation of business -based TIDs.
The VFC Board of Directors considered and approved a formal proposal to move forward with the formation of
business-based TIDs. This led to Civitas and VFC approaching the City to begin formal exploration of having
Council adopt a local ordinance to allow for the formation of TIDs in Fort Collins. Civitas and VFC presented an
update on the Tourism and Destination Master Plan and the idea of allowing for the formation of TIDs at
Council’s work session on February 23, 2021. Council unanimously supported further exploration of the
adoption of a local ordinance permitting business- based TIDs.
On April 20, 2021, Council enacted a new Article V in City Code Chapter 22 (TID Ordinance) to permit the
establishment of TIDs. This new article permits the formation of a TID based on typ e of business. This differs
from a typical Business Improvement District (BID) where businesses form a district based off a shared
geography. A TID may also overlap with other improvement districts unlike a BID.
15
Packet Pg. 152
Agenda Item 15
Item # 15 Page 2
PETITION PROCESS
The TID Ordinance outline s the requirements to form a TID. To form a TID, the proponents for the TID must
file a petition the City Clerk. This petition must contain several elements as outlined in the TID Ordinance. The
petition submitted by VFC and the other proponents meets the requirements of Article V by:
1. Describing the boundaries of the District;
2. Listing the total number of lodging businesses to be included in the District along with their address, tax
account, and lodging license numbers;
3. Describing the lodging businesses initially included in the District and the kind of future lodging
businesses to be included in the district;
4. General describing the tourism improvements and services the District intends to fund and provide ;
5. Describing the proposed fee to be levied by the District and how these fees will be collected and
disbursed;
6. Describing the intended uses of revenues derived from the District’s fee ;
7. Proposing the composition of the District’s board of directors and the initial directors proposed for
appointment by the Council;
8. Naming the three persons that represent the petitioner s on matters related to the petition and initial plan;
and
9. The initial plan of the District.
The petition filed with the City Clerk must also be signed by authorized ma nagers representing the lodging
businesses having at least fifty percent (50%) of the total rooms to be included in the TID. The petition
submitted for the District has been signed by the authorized managers representing 78.6% of the total rooms
to be included in the District.
As required by the TID Ordinance, the City Manager has reviewed the petition and determined it complies with
all applicable requirements of the TID Ordinance.
As also required by the TID Ordinance, the City Clerk has provided writ ten notice of Council’s public hearing
for this Ordinance that will be held on second reading on August 4, 2021. This notice was published on June
30, 2021 in the Coloradoan, mailed on June 30, 2021 to all the lodging businesses proposed to be included in
the District, and posted on the City’s website on June 30, 2021.
INITIAL PLAN OVERVIEW
The District’s initial plan (Initial Plan) included with the petition contains the elements required by the TID
Ordinance. What follows is a summary of various elements of the Initial Plan.
• Purpose of the District Visit Fort Collins (VFC) and certain Fort Collins lodging businesses propose the
District. Its purpose is to operate as a TID charging fees to the lodging businesses included within the
District to fund and provide specific tourism services and improvements for the benefit of the feepayers’
lodging businesses. The District will use these services and improvements to increase room night sales
for those lodging businesses.
• District Boundaries The District proposes a boundary coterminous with City limits. This means that as
new hotels annex into the City, they also join the District once the Financial Officer of the City issues the
hotel a lodging license.
• Initial Term of District The District will have an initial term of ten years and four months beginning on
September 1, 2021 and ending on December 31, 2031. This will allow for the lodging businesses within
the District to evaluate the District’s effectiveness at the end of the initial term. If the District is deemed
successful, the District’s board of directors (Board) can then request the Council to renew the District by
ordinance to continue in existence after the initial term expires. If the District is not considered to be
15
Packet Pg. 153
Agenda Item 15
Item # 15 Page 3
successful and the District is not renewed by Council, the District will be deemed dissolved at the end of
the initial term.
• Promotional Plan The District will fund the following services and improvements developed and prioritized
by the lodging businesses proposing the establishment of the District.
o Sales, Marketing, and Communications: A sales, marketing, and communications program will
promote assessed lodging businesses as tourist, meeting, and event destinations. The sales,
marketing, and communications program will have a central theme of promoting the destination as a
desirable place for overnight visits.
o Destination Development: Destination development projects will be designed to improve the visitor
experience to increase overnight visitation at assessed lodging businesses. A s the total number of
rooms sold and room prices increase over time, the amount of available funds for projects will
increase. Working collaboratively with the City, the District Board will develop specific funding criteria.
The City and VFC staff shall have equal input to make recommendations for final project approval.
o Administration and Operations: The administration and operations portion of the budget shall be
utilized for administrative staffing costs, office costs, advocacy, and other general adminis trative costs
such as insurance, legal, and accounting fees.
In the first year of the District’s operations, the District proposes investing resources to undertake the
following programs and goals:
1. Support sales development opportunities, which may inc lude hiring a salesperson, prospecting tools or
specific marketing activities/programs designed to bring business to Fort Collins;
2. Determine bid incentive funding levels and direction for enhanced sales activities; and
3. Explore additional advertising, promotional or public relations options and if appropriate, the course of
action for investing.
• Financial Plan The District will assess a fee that will be 3% of a lodging business’s “lodging price” as this
term is defined in City Code Section 25-241. However, the fee will not be collected on those transactions
that are exempt from the City’s lodging tax as provided in City Code Section 25 -243. Fee revenue will only
be used to fund destination sales, marketing, communication, and destination development program s, and
related administration.
The District proposes to collect the fee by entering into an intergovernmental agreement with the City under
which the City would collect the fee in the same manner that it collects its lodging tax under its Lodging Tax
Ordinance. Under such agreement, the City would be responsible for collecting the fee (including any
delinquencies, penalties and interest) from each assessed lodging business within the District and the City
would remit such fees to the District no later than the end of the month following the month the fees were
collected by the City. This intergovernmental agreement is proposed to be presented to Council for
consideration and resolution approval at the August 4, 2021, second reading of this Ordinance.
The District proposes the following budget for its Initial Plan. The District would retain $36,000 in reserves by
the end of 2022.
Budget Category August 2021 - December 2021 January 2022 - December 2022
Revenue $400,000 $800,000
Administrative and General
Expense
$80,000 $160,000
Sales, Marketing and
Communications
$240,000 $480,000
Destination Development $60,000 $120,000
Reserves $12,000 $24,000
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Agenda Item 15
Item # 15 Page 4
City Collection Fee $8,000 $16,000
Total Expenses $400,000 $800,000
District Governance The Initial Plan proposes a five-member Board along with a series of qualifications
for potential Board members. These qualifications for Board members are:
1. Three directors must be affiliated with a large, full-service lodging business.
2. One director must be affiliated with a small, limited-service lodging business.
3. One director must be affiliated with a boutique or specialty lodging business.
The Initial Plan proposes Council’s appointment of the initial Board members with staggered terms. The term
of each Board member starts on September 1, 2021.
Board Member Affiliation Rationale for Inclusion on
Board
Initial Term:
1, 2, and 3 years
Daniel Benton Fort Collins Hilton Full-service 1 year
Danielle Lowry Hampton Inn Limited-service 2 years
Dragan Andrejic The Elizabeth Full-service 2 years
George Prine The Armstrong Boutique/Specialty 3 years
Sandra Fredrickson Fort Collins Marriott Full-service 1 year
DISTRICT FORMATION PROCESS
Key dates related to the formation of the District are outlined as follows:
June 30, 2021 Published notice of August 4th Public Hearing in Coloradoan
July 14, 2021 Petition submitted to City Clerk
July 20, 2021 First Reading of establishment ordinance
August 4, 2021 Second Reading and Public Hearing for District establishment ordinance
PUBLIC OUTREACH
The VFC has conducted significant outreach with the lodging businesses proposed to be included in the
District.
ATTACHMENTS
1. District's Petition (PDF)
2. Signed Petitions for Approval (PDF)
3. Hotel Check List and Room Count (PDF)
4. Powerpoint Presentation (PDF)
15
Packet Pg. 155
PETITION TO THE CITY OF FORT COLLINS
TO ESTABLISH THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT
We petition the City of Fort Collins, Colorado, (City) to initiate proceedings to establish a tourism
improvement district in accordance with Article V in Chapter 22 of the City Code for the purpose of
providing tourism services and improvements as described in the Summary of the Initial Plan attached as
Exhibit A, the proposed Initial Plan attached as Exhibit B with the initial boundaries of the District to be as
shown in attached Exhibit C. In addition, attached as Exhibit D is a listing and description of the total
number of lodging businesses to be included within the District, the street address of each such lodging
business, and the tax account and lodging license numbers maintained with the City for such lodging
businesses.
Lodging Business Number of Rooms* Business Owner
*Assessed lodging business owners shall be responsible for self-reporting the total number of rooms in each respective assessed
lodging business.
I state, under penalty of law that to my knowledge and belief the facts stated in the petition are true,
that my signature and name are as shown on this petition, and that I have signed this petition or have
been duly authorized to sign this petition by the entity identified hereunder.
Owner /Owner Representative Name (printed) Title
Owner/Owner Representative Signature Date
ATTACHMENT 1 15.1
Packet Pg. 156 Attachment: District's Petition (10450 : Tourism Improvement District)
Exhibit A - Summary of Initial Plan
District Name: The proposed name of this tourism improvement district shall be the “Fort Collins Tourism
Improvement District” (District).
Boundaries: The District’s boundaries shall be coterminous with the boundaries of the City of Fort
Collins, the current boundaries of which are shown on the map attached as Exhibit B.
Future lodging businesses annexed into the City after the establishment of the District
shall automatically be included within the District’s boundaries when the City’s Financial
Officer issues a lodging license to that lodging business.
Businesses: The District will initially consist of twenty-three (23) lodging businesses. “Lodging
business” shall mean any “lodging provider,” as this term is defined in City Code Section
25-241, that is now or hereafter located within the District’s boundaries and that is
required to obtain from the City a lodging license and to pay the City’s lodging tax as
provided in Article IV, Chapter 25 of the City Code (Lodging Tax Ordinance), but shall only
include those lodging providers that engage in the business of furnishing a room or other
accommodation in a hotel, motel, inn, bed and breakfast residence, apartment hotel,
lodging house, motor hotel or similar lodging establishment and that has three (3) or
more rooms at its location to be so furnished for a period of less than thirty (30)
consecutive days under any lease, rental, concession, permit, right of access, license or
other agreement. However, a “lodging business” shall not include a “short term non-
primary rental” or a “short term primary rental” as these terms are defined in City Code
Section 15-641.
A list containing the street address of each assessed lodging business, and the tax account
and their respective lodging license numbers maintained with the City of Fort Collins, is
included herein as Exhibit C.
Services: The District is designed to provide specific benefits directly to the District’s feepayers by
increasing awareness and demand for room night sales. Sales, marketing, &
communications and destination development programs will increase demand for
overnight tourism and market payors as tourist, meeting and event destinations, thereby
increasing demand for room night sales.
Fee Levy: The District will assess a fee that will be three percent (3%) of a lodging business’s “lodging
price” as this term is defined in City Code Section 25-241. However, the fee will not be
collected on those transactions that are exempt from the City’s lodging tax as provided in
City Code Section 25-243. Fee revenue will only be used to fund destination sales,
marketing, communication, and destination development programs, and related
administration.
Collection: The District proposes to collect the fee by entering into an intergovernmental agreement
with the City under which the City would collect the fee in a manner similar to how the
15.1
Packet Pg. 157 Attachment: District's Petition (10450 : Tourism Improvement District)
City collects its lodging tax under its Lodging Tax Ordinance. Under such agreement, the
City would be responsible for collecting the fee (including any delinquencies, penalties
and interest) from each assessed lodging business within the District and the City would
remit such fees to the District no later than the end of the month following the month the
fees were collected by the City.
Budget: The total District annual fee budget for the initial year of its operation is anticipated to be
approximately $800,000. A similar budget is expected to apply to subsequent years, but
this budget is expected to fluctuate as room sales do.
Governance: The City’s ordinance authorizing the establishment of the tourism improvement districts
requires the District to a have a governing board consisting of an odd number of directors
of no fewer than five (5) directors and no more than nine (9) directors. All directors on
the board must be qualified electors of the District. The board is proposed to have The
board is proposed to have five (5) directors who are electors of the District having the
following additional qualifications: (i) three (3) directors must be affiliated with a large,
full-service lodging business; (ii) one (1) directors must be affiliated with a small, limited-
service lodging businesses; (iii) one (1) directors must be affiliated with a boutique or
specialty lodging business; and (iv) the remaining directors may be affiliated with any type
of lodging business. The District Board must provide an annual operating budget and
annual plan outlining the District's revenues, expenditures, projects and goals to the City,
which must be approved annually by the City Council. The annual budget and plan will
also be available to the lodging businesses.
Representatives: Visit Fort Collins representatives Cynthia Eichler, Erik Barstow, and Katy Schneider shall
serve as petitioner representatives, who shall represent the petitioners on matters
relating to the petition and initial plan.
Duration: The District will have an initial term of ten (10) years and four (4) months beginning on
September 1, 2021 and ending on December 31, 2031. This will allow for the lodging
businesses within the District to evaluate the District’s effectiveness at the end of the
initial term. If the District is deemed successful, the District’s Board can then request the
City Council to renew the District by ordinance to continue in existence after the initial
term expires. If the District is not considered to be successful and the District is not
renewed by the City Council, the District will be deemed dissolved at the end of the initial
term.
Management: The District expects to work with Visit Fort Collins to deliver its services and hire staff.
15.1
Packet Pg. 158 Attachment: District's Petition (10450 : Tourism Improvement District)
Exhibit B – Initial Plan
Fort Collins Tourism Improvement District Initial Plan
I. DISTRICT’S NAME
The proposed name of this tourism improvement district shall be the “Fort Collins Tourism Improvement
District” (District).
II. LEGAL AUTHORITY
The District is to be organized and established as a tourism improvement district (TID) as authorized in Article V
of Chapter 22 of the Code of the City of Fort Collins (TID Ordinance) to fund and provide certain tourism services
and improvements for the benefit of the lodging businesses included within the District.
III. PURPOSE OF THE DISTRICT
The District is being proposed by Visit Fort Collins (VFC) and certain Fort Collins lodging businesses and its
purpose is to operate as a TID charging fees to the lodging businesses included within the District in order to
fund and provide specific tourism services and improvements for the benefit of the feepayers’ lodging
businesses. These services and improvements will be primarily used to increase room night sales for those
lodging businesses.
IV. HISTORY AND PURPOSE OF TIDs
TIDs are an evolution of the traditional business improvement district. The first TID was formed in West
Hollywood, California in 1989. Since then, over 170 United States destinations have followed suit. This includes
many states that have adopted the California model. For example, Montana, South Dakota, Washi ngton, Texas
and Louisiana have adopted TID laws, as well as municipalities in Colorado.
TIDs nation-wide collectively raise over $400 million annually for local destination marketing. With competitors
raising their budgets, and increasing rivalry for visitor dollars, it is important that Fort Collins lodging businesses
invest in stable, lodging-specific marketing programs.
TIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism, and allow
lodging business owners to organize their efforts to increase room night sales. Participating Fort Collins lodging
business owners within the TIDs will pay a fee and those funds will be used to provide services and improvements
that increase room night sales.
There are many benefits to forming a TID that charges a fee to the lodging businesses within it:
• Fee revenues must be spent on services and improvements that provide a specific benefit only to the
feepayers;
• Fee revenues cannot be diverted to general government programs;
• They are customized to fit the needs of feepayers in each destination;
• They allow for a wide range of services;
• They are designed, created and governed by those who will pay the fee; and
• They provide a stable, long-term funding source for tourism promotion.
15.1
Packet Pg. 159 Attachment: District's Petition (10450 : Tourism Improvement District)
V. THE DISTRICT’S BOUNDARIES
The District’s boundaries shall be coterminous with the boundaries of the City of Fort Collins (City), the current
boundaries of which are shown on the map attached as EXHIBIT C. “Lodging business” shall mean any “lodging
provider,” as this term is defined in City Code Section 25-241, that is now or hereafter located within the
District’s boundaries and that is required to obtain from the City a lodging license and to pay the City’s lodging
tax as provided in Article IV, Chapter 25 of the City Code (Lodging Tax Ordinance), but shall only include those
lodging providers that engage in the business of furnishing a room or other accommodation in a hotel, motel,
inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel or similar lodging establishment
and that has three (3) or more rooms at its location to be so furnished for a period of less than thirty (30)
consecutive days under any lease, rental, concession, permit, right of access, license or other agreement.
However, a “lodging business” shall not include a “short term non-primary rental” or a “short term primary
rental” as these terms are defined in City Code Section 15-641.
The District’s boundaries shall remain conterminous with the City’s boundaries. Therefore, future lodging
businesses annexed into the City after the establishment of the District shall automatically be included within
the District’s boundaries when the City’s Financial Officer issues a lodging license to that lodging business. The
District will initially consist of twenty-three (23) lodging businesses.
VI. DISTRICT’S INITIAL TERM
The District will have an initial term of ten (10) years and four (4) months beginning on September 1, 2021 and
ending on December 31, 2031. This will allow for the lodging businesses within the District to evaluate the
District’s effectiveness at the end of the initial term. If the District is deemed successful, the District’s Board can
then request the City Council to renew the District by ordinance to continue in existence after the initial term
expires. If the District is not considered to be successful and the District is not renewed by the City Council, the
District will be deemed dissolved at the end of the initial term.
VII. PUBLIC PARTICIPATION
VFC and the lodging businesses proposing the District have been conducting public outreach to the other
affected lodging businesses, including one on one meetings and group meetings with all lodging businesses
proposed to be included in the District and subject to the fee to provide them with consistent updates on the
process to establishment of the District. To ensure accessibility for such lodging businesses, a Dropbox will be
provided to easily submit their signed petitions, view this Initial Plan, and obtain other informational resources
regarding the District.
VIII. DISTRICT’S PROMOTIONAL PLAN
The specific tourism services and improvements that the District will fund have been developed and prioritized
by the lodging businesses proposing the establishment of the District. A summary for each of the Districts
proposed programs is included below:
• Sales, Marketing, & Communications: A sales, marketing, & communications program will promote assessed
lodging businesses as tourist, meeting, and event destinations. The sales, marketing, & communications
program will have a central theme of promoting the destination as a desirable place for overnight visits. The
program will have the goal of increasing overnight visitation and room night sales at assessed lodging
businesses, and may include the following activities, but are not limited to:
- Internet marketing efforts to increase awareness and optimize internet presence to drive overnight
visitation and room sales to assessed lodging businesses;
- Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to
15.1
Packet Pg. 160 Attachment: District's Petition (10450 : Tourism Improvement District)
drive overnight visitation and room sales to assessed lodging businesses;
- Building the Fort Collins branding to attract overnight visitation to the District;
- Potential attendance of trade shows to promote assessed lodging businesses;
- Bids and fees associated with special events, including but not limited to sporting and music events
and museum exhibits, to attract overnight visitors;
- A city-wide special-event transportation program, connecting assessed lodging businesses with
downtown and other attractions, to increase demand for room night sales;
- Sales blitzes for assessed lodging businesses;
- Familiarization tours of assessed lodging businesses;
- Preparation and production of collateral promotional materials such as brochures, flyers and maps
featuring assessed lodging businesses;
- Attendance of professional industry conferences and affiliation events to promote assessed lodging
businesses;
- Lead generation activities designed to attract tourists and group events to assessed lodging
businesses;
- Increased efforts focused on stimulating visitation to the District during the off-peak tourist season;
- Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts
for assessed lodging businesses;
- Pursue hiring of additional sales staff to explore prospective marketing and sales development
opportunities;
- Education of hospitality staff on service and safety (related to alcohol and food) designed to create a
visitor experience that will bring repeat visits to assessed lodging businesses; and
- Education of lodging business management and the FCTID Board on marketing strategies best suited
to meet assessed lodging businesses’ needs.
• Destination Development: Destination development projects will be designed to improve the visitor
experience in an effort to increase overnight visitation at assessed lodging businesses. As the total number of
rooms sold and room prices increases over time, the amount of available funds for projects will increase.
Working collaboratively with the City, the District Board will develop specific funding criteria. The City and VFC
staff shall have equal input to make recommendations for final project approval. Policies and procedures
acceptable to both the District Board and VFC will be developed. Projects may include, but are not limited to:
- Comprehensive and integrated wayfinding signage system including signage to parking decks and lots;
- A city-wide special-event transportation program, connecting assessed lodging businesses with
downtown and other attractions, to increase demand for room night sales;
- Conducting research studies to determine the feasibility of building proposed meeting spaces;
- Art and cultural projects, to attract overnight visitors;
- Gateway enhancements, to attract overnight visitors;
- Enhancements to environmental experiences, which attract overnight visitors, that expose visitors to
the value of the vital ecosystems;
- Improvements to existing parks and sports facilities utilized by overnight visitors;
- Safe and fun entertainment complex for young teens and adults utilized by overnight visitors;
- Live music venue which attracts overnight visitors;
- Bids and fees associated with special events, including but not limited to sporting and music events
and museum exhibits, to attract overnight visitors;
- Infrastructure improvements that enhance Fort Collins’ competitive position to attract desirable
special events year around and attract overnight visitors; and
- Improvements to the City’s downtown parking deck that make the overnight visitor experience more
desirable.
15.1
Packet Pg. 161 Attachment: District's Petition (10450 : Tourism Improvement District)
• Administration and Operations: The administration and operations portion of the budget shall be utilized for
administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance,
legal, and accounting fees.
• Collection Fee: Under any intergovernmental agreement with the City of Fort Collins for it to collect the
District’s fees, the City shall be paid a fee equal to at least two percent (2%) of the amount of the fee collected
to cover its costs of collection and administration.
• Contingency / Reserve / Renewal: The budget includes a contingency line item to account for lower than
anticipated fees. If there are contingency funds collected, they may be held in a reserve fund or utilized for
other program, administration or renewal costs at the discretion of the District Board. Policies relating to
contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the
reserve fund shall be set by the District Board. Contingency/reserve funds may be spent on District programs
or administrative and renewal costs in such proportions as determined by the District Board. The reserve fund
may be used for the costs of renewing the District.
In the first year of the District’s operations, it is proposed that the District would invest resources to undertake
the following five key programs and goals:
1. Support sales development opportunities, which may include hiring a salesperson, prospecting tools or
specific marketing activities/programs designed to bring business to Fort Collins;
2. Determine bid incentive funding levels and direction for enhanced sales activities; and
3. Explore additional advertising, promotional or public relations options and if appropriate, the course of
action for investing.
Bringing in revenue and contributions in addition to the District’s fees will increase impact and help the
organization to best leverage investments into Fort Collins. To that end, the District will work with VFC to
maintain current funding from the City of Fort Collins, as well as grants, donations, sponsorships, memberships,
fee-for-service projects, crowdsourcing and partnerships on top of the District’s fees, for destination sales,
marketing, communication, and destination development programs. The District Board, with City Council
approval as required in City Code Section 22-166, will determine the annual operating budget each year of the
District’s operations, based upon the priorities set out in this Initial Plan.
IX. DISTRICT’S FINANCIAL PLAN
FEE ASSESSMENT
The District will assess a fee that will be three percent (3%) of a lodging business’s “lodging price” as this term
is defined in City Code Section 25-241. However, the fee will not be collected on those transactions that are
exempt from the City’s lodging tax as provided in City Code Section 25 -243. Fee revenue will only be used to
fund destination sales, marketing, communication, and destination development programs, and related
administration.
The District proposes to collect the fee by entering into an intergovernmental agreement with the City under
which the City would collect the fee in a manner similar to how the City collects its lodging tax under its Lodging
Tax Ordinance. Under such agreement, the City would be responsible for collecting the fee (including any
delinquencies, penalties and interest) from each assessed lodging business within the District and the City would
remit such fees to the District no later than the end of the month following the month the fees were collected
by the City.
15.1
Packet Pg. 162 Attachment: District's Petition (10450 : Tourism Improvement District)
FINANCIAL AND CONTRACTUAL OBLIGATIONS
As allowed by law, the District may enter into multiple-fiscal year debt and other financial obligations only if the
District is authorized to do so by its initial plan, budget and its voters in a future election. The election must
comply with all applicable state requirements, including Article X, Section 20 of the Colorado Constitution (the
TABOR Amendment), and would limit the amount of multiple-fiscal year debt and other financial obligations that
may be issued by the District to no more than the amount that is approved by the District’s voters. There are no
anticipated multiple-fiscal year debt or other financial obligations anticipated to be incurred by the District.
However, the District intends to exercise the power authorized in City Code Section 22-155 to enter into
multiple-fiscal year debt or other financial obligations that are subject to annual appropriation by the District
Board.
ESTIMATED COSTS & INITIAL 16-MONTH BUDGET
The following chart depicts the anticipated budget for the first sixteen months of the District’s operations.
Budget Category Sub-Category Line Detail September 2021 –
December 2021
January 2022 –
December 2022
41000 · FCTID Revenue $320,000.00 $800,000.00
Other Income $- $-
$320,000.00 $800,000.00
61000 · Employee Expense
61010 · Salaries/Wages
61012 · Wages $19,912.00 $85,218.00
62023 · Employee Parking $48.00 $360.00
Total 61010 · Salaries/Wages $19,960.00 $85,578.00
Sales, Marketing and
Communications, 60%
Destination Development, 15%
Administration and
Operations, 20%
Contingency/Reserve, 3%
City Collection Fee, 2%
September 2021 -December 2022 Budget
15.1
Packet Pg. 163 Attachment: District's Petition (10450 : Tourism Improvement District)
61020 · Payroll Related
61022 · Payroll Taxes $1,840.00 $6,960.00
61024 · Unemployment Taxes $180.00 $682.00
61026 · Workers Compensation $800.00 $2,000.00
61028 · Employee Insurance $4,800.00 $18,000.00
61031 · Employee Benefits $1,200.00 $6,000.00
Total 61020 · Payroll Related $8,820.00 $33,642.00
Total 61000 · Employee
Expense
$28,780.00 $119,220.00
62000 · Administrative and
General
Administrative
62002 · Accounting $2,000.00 $6,000.00
62006 · Bank Charges $320.00 $1,200.00
62008 · Legal $10,000.00 $18,000.00
62025 · Supplies $320.00 $1,200.00
Total Administrative $12,640.00 $26,400.00
Office Rent Office Rent $1,140.00 $5,880.00
62070 · Telephone
62078 · Telephone - Cellular $1,920.00 $2,400.00
Total 62070 · Telephone $1,920.00 $2,400.00
62080 · Equipment/Computer
Lease
62081 · Office Equipment
Lease/Rental
$- $-
62084 · Office Furniture $2,000.00 $-
62085 · Computer Software
Purchase
$480.00 $600.00
62086 · Computer Equipment $3,200.00 $4,000.00
62087 · Maintenance $1,200.00 $1,500.00
Total 62080 ·
Equipment/Computer Lease
$6,880.00 $6,100.00
62099 · Miscellaneous $- $-
Total 62000 · Administrative
and General
$64,000.00 $160,000.00
Sales Expense
78015 · Trade Shows $4,840.00 $16,550.00
73007 · Lead Generation $15,920.00 $27,900.00
73000 · Sales Activities $3,456.00 $4,000.00
73000 · Bid Activities $11,200.00 $60,000.00
73000 · Local Champions Program $48,000.00 $60,000.00
73000 · Research $12,000.00 $60,000.00
78015 · Travel $4,000.00 $9,550.00
15.1
Packet Pg. 164 Attachment: District's Petition (10450 : Tourism Improvement District)
Total Sales Expense $99,416.00 $238,000.00
Marketing
62004 · Advertising
80000 · Digital $18,400.00 $78,000.00
62005 · Promotions $2,744.00 $-
62004 · Advertising $32,000.00 $44,000.00
Total 62004 · Advertising $53,144.00 $122,000.00
62003 · Web/Internet Expenses
80030 · Website Service $9,920.00 $28,584.00
Total 62003 · Web/Internet
Expenses
$9,920.00 $28,584.00
62028 · Graphics
80040 · Graphic Arts $9,600.00 $27,500.00
Total 62028 · Graphics $9,600.00 $27,500.00
Public Relations
80070 · Agency Fees $3,600.00 $5,500.00
80080 · FAM Trips $4,800.00 $7,500.00
80090 · Media Events $4,800.00 $14,500.00
Total Public Relations $13,200.00 $27,500.00
International Marketing
81000 · Trade Shows $0.00 $3,000.00
81110 · Promotions $0.00 $-
Total International Marketing $0.00 $3,000.00
Total Marketing $79,144.00 $208,584.00
Visitor Services
DVIC Visitor Service Expense
62022 · Rent $2,400.00 $12,000.00
83020 · DVIC Supplies $240.00 $1,016.00
83010 · DVIC Volunteer
Enhancement
$600.00 $3,000.00
83017 · DVIC Staffing $3,120.00 $15,600.00
83015 · DVIC Janitorial $360.00 $1,800.00
Total DVIC Expense $6,720.00 $33,416.00
Total Visitor Services $6,720.00 $33,416.00
Total Sales, Marketing and
Communications
$192,000.00 $480,000.00
Destination Development
82015 · Initiatives $46,740.00 $116,400.00
82060 · Supplies $0.00 $-
82050 · CTA Program Fees $1,260.00 $3,600.00
82020 · Promotional Items $0.00 $-
15.1
Packet Pg. 165 Attachment: District's Petition (10450 : Tourism Improvement District)
Total Destination
Development
$48,000.00 $120,000.00
Reserves
62009 · Reserves $9,600.00 $24,000.00
Total Reserves $9,600.00 $24,000.00
City Collection Fee
7100 · City Collection Fee $6,400.00 $16,000.00
Total City Collection Fee $6,400.00 $16,000.00
Total Expense $320,000.00 $800,000.00
Net Ordinary Income ($320,000.00) $(800,000.00)
Net Income ($320,000.00) $(800,000.00)
X. PENALTIES AND INTEREST
The penalties and interest charged for any deficiency in the payment of the District fee shall be the same as
provided in Sections 25-265 and 25-266 of the Lodging Tax Ordinance. Therefore, if the deficiency is due to
negligence, but without the intent to defraud, there shall be added as a penalty ten (10) percent of the total
amount of the deficiency. Interest in such case shall be collected at the rate of one (1) percent per month on the
amount of such deficiency from the time the return was due from the person required to file the return until
paid, which additional amount and interest shall become due and payable within twenty-one (21) days after
written notice of determination, fee and demand for payment is issued. However, if any part of the deficiency
in the payment of the lodging tax is due to the intent by the taxpayer to evade the tax, then there shall be added
as a penalty fifty (50) percent of the total amount of the deficiency, and in such case the whole amount of the
tax unpaid, including this addition and an additional one (1) percent per month of interest on such amount shall
be added from the date the return was due until paid. This additional amount and interest shall become due and
payable within twenty-one (21) days after written notice of determination, assessment and demand for payment
is issued.
XI. TIME AND MANNER FOR COLLECTING FEES
The District’s fee will be implemented beginning September 1, 2021 and will continue for ten (10) years and four
(4) months through December 31, 2031. If the City Council authorizes the City to do so, the City will be
responsible for collecting the fee (including any delinquencies, penalties and interest) from each lodging
business. In such event, lodging businesses shall remit the fee each month to the City in substantially the same
manner as the business remits the lodging tax to the City.
XII. DISTRICT GOVERNANCE
The TID Ordinance requires the District to a have a governing board consisting of an odd number of directors of
no fewer than five (5) directors and no more than nine (9) directors. All directors on the board must be qualified
electors of the District. The board is proposed to have five (5) directors who are electors of the District having
the following additional qualifications: (i) three (3) directors must be affiliated with a large, full-service lodging
business; (ii) one (1) director must be affiliated with a small, limited-service lodging businesses; (iii) one (1)
director must be affiliated with a boutique or specialty lodging business; and (iv) the remaining directors may be
affiliated with any type of lodging business. The following persons are recommended to be appointed as the
District’s initial directors on its board to serve the staggered terms indicated below as required by City Code
Section 22-164:
15.1
Packet Pg. 166 Attachment: District's Petition (10450 : Tourism Improvement District)
Board Member Affiliation Rationale for Inclusion on
Board
Initial Term:
1, 2, and 3 years
Daniel Benton Fort Collins Hilton Full-service 1 year
Danielle Lowry Hampton Inn Limited-service 2 years
Dragan Andrejic The Elizabeth Full-service 2 years
George Prine The Armstrong Boutique/Specialty 3 years
Sandra Fredrickson Fort Collins Marriott Full-service 1 year
The terms of the initial directors on the board shall be deemed to have commenced on September 1, 2021, the
effective date of the establishment of the District. Upon the expiration of the initial terms, successor directors
shall be appointed by the City Council by resolution for terms of three (3) years unless the appointee is being
appointed to finish the term of a director who has left the board for any reason before the expiration of their
term and, in such case, the appointee shall only be appointed to finish the term of the departed director.
XIII. DISTRICT MANAGEMENT STRUCTURE
The District intends to enter into an agreement with VFC to deliver the programs and services contemplated
under this Initial Plan and to manage the District. VFC is a 501(c)(6) organization that supports the development
of Fort Collins.
XIV. CITY SERVICES
The District’s tourism services and improvements will be designed to supplement and complement existing City
services and will be in addition to City services that are currently provided in Fort Collins. The District services
and improvements are not intended to replace any existing City services or improvements.
XV. ANNUAL REVIEW
The TID Ordinance requires the District to file an annual operating plan and budget with the City on or before
September 30 of each year.
XVI. SURPLUS AND OTHER FUNDING
For the initial year of the operation of the District beginning September 1, 2021, there shall be no surplus to be
carried over from a previous year.
For the initial year of the operation of the District beginning September 1, 2021, there shall be no deficit revenues
to be carried over from a previous year.
For the initial year of the operation of the District beginning September 1, 2021, the amount of contributions to
be made from sources other than the District is approximately $350,000.
XVII. DISSOLUTION
The District shall dissolve on December 31, 2031, if not renewed by City Council. The District may also be
dissolved before December 31, 2031, as provide in City Code Section 22-168.
XVIII. CONCLUSION
With the submission of this Initial Plan, VFC and participating lodging businesses hereby request the City Council
of the City of Fort Collins to establish the District pursuant to the TID Ordinance.
15.1
Packet Pg. 167 Attachment: District's Petition (10450 : Tourism Improvement District)
Exhibit C – City Boundary Map
15.1
Packet Pg. 168 Attachment: District's Petition (10450 : Tourism Improvement District)
Exhibit D – List of Assessed Lodging Businesses
Business Name Address City, State Zip Tax Account # /
Lodging License #
1 Fort Collins’ Inn 1809 N College Ave Fort Collins, CO 80524 137367
2 Armstrong Hotel 259 S College Avenue Fort Collins, CO 80524 135396
3 Best Western
University Inn
914 S College Avenue Fort Collins, CO 80524 52442
4 Budget Host Inn 1513 N College
Avenue
Fort Collins, CO 80524 133931
5 Cambria Suites 2921 E Harmony Rd Fort Collins, CO 80528 47600
6 Candlewood Suites 314 Pavilion Lane Fort Collins, CO 80525 130607
7 Comfort Suites 1415 Oakridge Dr Fort Collins, CO 80525 52424
8 Courtyard by
Marriott
1200 Oakridge Dr Fort Collins, CO 80525 135015
9 Edwards House 402 W Mountain Ave Fort Collins, CO 80521 136625
10 El Palomino Motel 1220 N Collee Ave Fort Collins, CO 80524 130534
11 Fairfield Inn 3520 Timberwood Dr Fort Collins, CO 80528 138546
12 Fernweh Inn & Hostel 616 W Mulberry St Fort Collins, CO 80521 130537
13 Fort Collins Marriott 350 E Horsetooh Rd Fort Collins, CO 80525 51028
14 Hampton Inn 1620 Oakridge Dr Fort Collins, CO 80525 141789
15 Hilton Fort Collins 425 W Prospect Fort Collins, CO 80526 19891
16 Hilton Garden Inn
Fort Collins
2821 E Harmony Rd Fort Collins, CO 80525 132925
17 Holiday Inn Express
Hotel & Suites
1426 Oakridge Dr Fort Collins, CO 80525 43572
18 Home2 Suites 4715 S Timberline Rd Fort Collins, CO 80528 139935
19 Homewood Suites by
Hilton
1521 Oakridge Dr Fort Collins, CO 80525 45926
20 Montclair Lodge 1405 N College Ave Fort Collins, CO 80524 41804
21 Quality Inn and
Suites University
4001 S Mason St Fort Collins, CO 80525 142472
22 Residence Inn by
Marriott
1127 Oakridge Dr Fort Collins, CO 80525 135017
23 The Elizabeth Hotel 111 Chestnut St Fort Collins, CO 80524 136199
15.1
Packet Pg. 169 Attachment: District's Petition (10450 : Tourism Improvement District)
ATTACHMENT 2 15.2
Packet Pg. 170 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 171 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 172 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
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Packet Pg. 173 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 174 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
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Packet Pg. 175 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
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Packet Pg. 176 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 177 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
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Packet Pg. 178 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 179 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 180 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 181 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 182 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 183 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 184 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
15.2
Packet Pg. 185 Attachment: Signed Petitions for Approval (10450 : Tourism Improvement District)
Company / Business Name DBA
ATRIUM HOSPITALITY INC FORT COLLINS HILTON
CCCS ARMSTRONG LLC ARMSTRONG HOTEL
D AND S MOTELS INC MONTCLAIR LODGE
FCMWC LLC THE ELIZABETH HOTEL
FORT COLLINS LODGING INVESTORS LLCFORT COLLINS HOME2SUITES
FTC HOSPITALITY INC QUALITY INN & SUITES UNIV FORT COLLINS
GLOBOK, LLC EL PALOMINO MOTEL
HABOK CHOI LLC BUDGET HOST INN
HARMONY HOSPITALITY LLC HAMPTON INN
HARMONY LODGING GROUP LLC HOLIDAY INN EXPRESS
HARMONY SUITES LLC CAMBRIA SUITES
HAYOUNG CHOI LLC FORT COLLINS INN
HIT SWN TRS LLC HILTON GARDEN INN FORT COLLINS
INTERMOUNTAIN MANAGEMENT HOMEWOOD SUITES BY HILTON
RIESS HOSPITALITY INC BEST WESTERN UNIVERSITY INC
RLC-IV CYFC LLC COURTYARD BY MARRIOTT
RLC-V TIFC LLC RESIDENCE INN OF MARRIOTT
SPARK HOSPITALITY COMFORT SUITES
SWVP FORT COLLINS LLC MARRIOTT FORT COLLINS
WILLCO VII DEVELOPMENT LLLP CANDLEWOOD SUITES FORT COLLINS
WILLCO XV DEVELOPMENT LLLP FAIRFIELD INN FORT COLLINS
THE EDWARDS HOUSE THE EDWARDS HOUSE
FERNWAH HOSTEL FERNWAH HOSTEL
2027/2 = 1014
Green is executed documents
Total Approved Petitions Currently at 78.6%
50% of room total is 1014; currently have 1594 committed
ATTACHMENT 3 15.3
Packet Pg. 186 Attachment: Hotel Check List and Room Count (10450 : Tourism Improvement District)
Room Total Committed with
Signature
Uncommitted with
Confirmed Room
Count
Property Representative ~
General Manager
256 256 Daniel Benton
54 54 George Prine
18 18 Sunni Lee
164 164 Dragan Andrejic
108 108 Kent Stine
66 66 AV Atul
34 34 Steve & Tina
31 31 Gino Duran
75 75 Danielle Lowry
89 89 Jessica Saracino
90 90 Joel Reed
30 30 Taylor Choi
120 120 Marissa Burnell
99 99 Christine Stephens
70 70 Ashley Sommers
112 112 Patty Walsh
113 113 Patty Walsh
66 66 Cheryl Bossert
229 229 Sandi Fredrickson
83 83 Angie Lindell
106 106 Angie Lindell
8 8 Abbie Stout
6 6 Kelsey Schwager
2027 1594 433
15.3
Packet Pg. 187 Attachment: Hotel Check List and Room Count (10450 : Tourism Improvement District)
To urism Improvement District
July 20, 2021Clay Frickey | Redevelopment Program Manager
ATTACHMENT 4 15.4
Packet Pg. 188 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
2Overview of Tourism Improvement District Formation
•July 14 –Visit Fort Collins submitted petition to request formation of TID
•To night’s action: First Reading of Tourism Improvement District formation ordinance
15.4
Packet Pg. 189 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
3What is a Tourism Improvement District?
Source for all photos: visitfortcollins.com
15.4
Packet Pg. 190 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
4Overview of Tourism Improvement District
•Governed by Board of Directors
•Directors appointed by City Council
•Purpose: increase room night sales for lodging businesses
•Collect fees to achieve purpose
•May not use eminent domain
•Activities limited to tourism improvements and services
•Applies to all lodging establishments in Fort Collins
•Boundaries are coterminous with City limits
•Initial term: 10 years, 4 months
•Ends 2031
15.4
Packet Pg. 191 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
5Petition Process
•Visit Fort Collins submitted petitions to City Clerk on July 14
•Must be approved by hotels operating at least 50% of hotel rooms in Fort Collins
•Only applies to establishments with more than 3 rooms
•Have received signed petitions representing 78.6% of hotel rooms in Fort Collins
15.4
Packet Pg. 192 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
6Petition Process
June 30, 2021 Published notice of Public Hearing in Coloradoan for August 4
July 14, 2021 Petitions submitted to City Clerk
July 20, 2021 First Reading of establishment ordinance
Au gust 4, 2021 Public Hearing and Second Reading for District establishment
ordinance
15.4
Packet Pg. 193 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
7Tourism Improvement District Funding
•3% fee on lodging price
•Collected by City
•Collected at same time as lodging tax
•Anticipated funding in 2021-2022 = $1.2 million
15.4
Packet Pg. 194 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
82021-2022 Tourism Improvement District Budget
Budget Category Au gust 2021 –
December 2021
January 2022 –
December 2022
Revenue $400,000 $800,000
Administrative and General
Expense
$80,000 $160,000
Sales, Marketing and
Communications
$240,000 $480,000
Destination Development $60,000 $120,000
Reserves $12,000 $24,000
City Collection Fee $8,000 $16,000
To tal Expenses $400,000 $800,000
15.4
Packet Pg. 195 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
9Governance
•Ordinance appoints initial Board of Directors
•Board must be:
•Between 5 and 9 Directors
•Odd number of Directors
•Three directors from large, full-service lodging business
•One director from a small, limited-service lodging businesses
•One director from a boutique or specialty lodging business
•Proposed Board meets requirements
15.4
Packet Pg. 196 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
10Recommendation
Staff recommends approval of the Ordinance on First Reading.
15.4
Packet Pg. 197 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
15.4
Packet Pg. 198 Attachment: Powerpoint Presentation (10450 : Tourism Improvement District)
-1-
ORDINANCE NO. 097, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT
WHEREAS, the City Clerk has received a petition for the establishment (the “Petition”)
of the Fort Collins Tourism Improvement District (the “District”) within the boundaries of the
City of Fort Collins (the “City”); and
WHEREAS, based upon the Petition and other information and evidence presented to the
City Council at a noticed public hearing on the Petition, the City Council finds and determines
that the Petition has been presented to the City Clerk in conformity with Article V of Chapter 22
of the City Code, which Article authorizes the establishment of tourism improvement districts
(the “TID Ordinance”); and
WHEREAS, all w ords and terms capitalized in this O rdinance shall have the
meanings set forth in the TID Ordinance except as otherwise provided in this Ordinance ; and
WHEREAS, the City Council further finds and determines that the signatures on the
Petition are genuine and the signatures of the parties thereon are those of an Authorized
Manager authorized to sign for an entity operating a Lodging Business, and such signatures
represent 78.6 percent (78.6%) of the total Rooms to be included in the District, thus exceeding
the fifty percent (50%) minimum Room-requirement for the establishment of a tourism
improvement district under the TID Ordinance; and
WHEREAS, as required by Section 22-158 of the TID Ordinance, the Petition sets forth,
among other things:
(a) A description of the District’s proposed boundaries;
(b) A listing of all the initial Lodging Businesses to be included within the District,
their respective street addresses, and their respective tax account and lodging license numbers
maintained with the City;
(c) A description of the kinds of Lodging Businesses initially included in the District
and the kinds of future Lodging Businesses to be included in the District as provided in Section
22-160 of the TID Ordinance;
(d) A general description of the types of Tourism Services and Tourism
Improvements to be provided by the District;
(e) A description of the fee the District will levy on the Lodging Businesses in the
District, the proposed method by which it will be collected and disbursed, and the intended uses
of the fee revenue;
(f) The proposed composition of the District's Board, including the number of
Directors to be appointed;
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(g) A copy of the Initial Plan containing the information specified in Section 22-158
of the TID Ordinance;
(h) The names of three persons who represent the petitioners on matters relating to
the Petition and Initial Plan; and
WHEREAS, as required by Section 22-161 of the TID Ordinance, the City Manager has
determined that the Petition complies with all applicable requirements of the TID Ordinance and
has forwarded the Petition to the City Council for its consideration at a public hearing; and
WHEREAS, as also required by Section 22-161, the City Clerk has given notice of the
public hearing by publishing a notice of it at least 30-days before the hearing, specifically the
hearing on Second Reading, in the Fort Collins Coloradoan, mailing the notice by first class
mail to all the Lodging Businesses proposed to be included in the District, and posting the notice
on the City’s website; and
WHEREAS, City Council has determined that the types of Tourism Services and
Tourism Improvements proposed to be provided by the District satisfy the public
purposes identified in Section 22-150 of the TID Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Adoption of Recitals. That the City Council hereby makes and adopts the
determinations and findings contained in the recitals set forth above.
Section 2. Findings. That following a duly noticed and conducted public hearing, as
described below, and upon consideration of the evidence presented at the hearing and a
recommendation from City staff that this Ordinance be enacted to establish the District, the
Council further finds and determines:
(a) That the proposed District was initiated by the Petition filed with the City Clerk
on July 14, 2021, and the Petition satisfies the form and content requirements of Sections
22-156, 22-157 and 22-158 of the TID Ordinance, the allegations in it are true, and it was
circulated and signed in conformity with all applicable requirements of the TID
Ordinance;
(b) That as required by Section 22-161 of the TID Ordinance, the place, date and time
for a hearing on the Petition was scheduled for Wednesday, August 4, 2021, at 6:00 p.m.,
in the City Council Chambers, City Hall West, 300 LaPorte Avenue, Fort Collins,
Colorado and, at least thirty (30) days before the hearing, the notice of the hearing was
duly published on June 30, 2021 in the Fort Collins Coloradoan as evidenced by the
“Affidavit of Publication” attached as Exhibit “A” and incorporated herein by reference,
duly mailed on June 30, 2021 by the City Clerk to all the Lodging Businesses proposed to
be included in the District, and duly posted on the City’s website on June 30, 2021;
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(c) That appended to the Petition is the District’s proposed Initial Plan, a copy of
which is attached as Exhibit “B” and incorporated herein by reference, (the “District’s
Initial Plan”) which includes all the information required by Section 22-158 of the TID
Ordinance including the District’s proposed budget for the sixteen-month period from
September 1, 2021, through December 31, 2022 (the “Budget”); and
(d) That the District’s Initial Plan and the establishment of the District are in the best
interest of the City.
Section 3. Establishment of District. The District is hereby declared a Tourism
Improvement District duly established and organized under the TID Ordinance as a body
corporate and politic, a “district” within the meaning of Article X, Section 20(2)(b) of the
Colorado Constitution, and a unit of local government distinct and separate from the City itself.
The District’s name shall be the “Fort Collins Tourism Improvement District.”
Section 4. District Boundaries. The boundaries of the proposed District shall be
coterminous with the City's boundaries as now existing and as hereafter modified through the
City’s annexation and de-annexation of real property.
Section 5. Included and Excluded Lodging Businesses. The Lodging Businesses
to be included in the District shall be any “lodging provider,” as this term is defined in Article
IV, Chapter 25 of the City Code (the “Lodging Tax Ordinance”), that is now or hereafter locate d
within the District’s boundaries and that is required under the Lodging Tax Ordinance to obtain
from the City a Lodging License and to pay the City’s Lodging Tax, but shall only include those
lodging providers that engage in the business of furnishing a room or other accommodation in a
hotel, motel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel or
similar lodging establishment and that has three (3) or more Rooms at its location to be so
furnished for a period of less than thirty (30) consecutive days under any lease, rental,
concession, permit, right of access, license or other agreement. However, a Lodging Business to
be included in the District shall not include a “short term non -primary rental” or a “short term
primary rental” as these terms are defined in City Code Section 15-641. Future Lodging
Businesses that qualify to be included in the District under this Section 5 shall be automatically
included in the District upon the City’s issuance of a Lodging License to such Lodging
Businesses. Conversely, any Lodging Business included within the District which, by change of
circumstances, no longer qualifies as a Lodging Business to be included in the District under this
Section 5, shall be automatically excluded from the District.
Section 6. Powers of District. That except as otherwise provided or limited in this
Ordinance, the District shall have all the powers granted to Tourism Improvement Districts in the
TID Ordinance as needed to implement and operate under the District’s Initial Plan. Any
amendments to the District’s Initial Plan must first be approved by City Council by ordinance.
The District shall have only those powers authorized in this Ordinance.
Section 7. Appointment of Directors. The District’s Board shall have five (5)
Directors who are Electors of the District having these additional qualifications: (i) three (3)
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Directors must be affiliated with a large full-service Lodging Business in the District; (ii) one (1)
Director must be affiliated with a small limited-service Lodging Business in the District; and (iii)
one (1) Director must be affiliated with a boutique or specialty Lodging Business in the District.
The following Electors are appointed as the District’s initial Directors to serve its Board for the
staggered terms stated below:
(a) Daniel Benton, affiliated with the Fort Collins Hilton, a large full-service Lodging
Business, for a one (1) year term;
(b) Danielle Lowry, affiliated with the Hampton Inn, a small limited-service Lodging
Business, for a two (2) year term;
(c) Dragan Andrejic, affiliated with The Elizabeth, a large full-service Lodging
Business, for a two (2) year term;
(d) George Prine, affiliated with The Armstrong, a boutique/specialty Lodging
Business, for a three (3) year term; and
(e) Sandra Fredrickson, affiliated with the Fort Collins Marriott, a large full-service
Lodging Business, for a one (1) year term.
The terms of the initial Directors on the District’s Board shall be deemed to have commenced on
September 1, 2021, the effective date of the establishment of the District. Upon the expiration of
the initial terms, successor Directors shall be appointed by the City Council by resolution for
terms of three (3) years unless the appointee is being appointed to finish the term of a Director
who has left the Board for any reason before the expiration of their term and, in such case, the
appointee shall only be appointed to finish the term of the departed Director.
Section 8. Oath. Before serving on the District’s Board, each appointed Director of
the Board shall appear before an officer authorized to administer oaths and take an oath that they
will faithfully perform the duties of their office as required by law and will support the
Constitution of the United States, the Constitution of the State of Colorado, and laws made
pursuant thereto. The signed oath shall be kept in the records of the District’s secretary.
Section 9. Board Operations. The District’s Board shall be organized and operated
as provided in and in accordance with Section 22-164 and all other applicable provisions of the
TID Ordinance.
Section 10. Initial Plan and Budget. The Initial Plan and the District’s Budget are
hereby approved. This approval of the District’s Budget for the sixteen (16) month period from
September 1, 2021, through December 31, 2022, is hereby deemed to satisfy for the District’s
2022 fiscal year the requirements in Section 22-166 of the TID Ordinance that the District
annually file with the City Clerk and the City Council annually approve the District’s budget for
the ensuing fiscal year.
Section 11. Assessment and Collection of District Fee. Beginning September 1,
2021, and continuing through December 31, 2021, the District may assess and collect a fee from
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the Lodging Businesses within the District at the rate of three percent (3%) of a Lodging
Business’s “lodging price” as this term is defined in Lodging Tax Ordinance (the “Fee”).
However, the Fee shall not be assessed and collected on those transactions that are exempt from
the City’s Lodging Tax as provided in Lodging Tax Ordinance. The revenue from the Fee shall
only be used by the District to fund those Tourism Services and Tourism Improvements
authorized in the Initial Plan. The District may use its own legal authority to collect the Fee or it
may enter into an intergovernmental agreement with the City under which the City would collect
the Fee in a manner similar to how the City collects its Lodging Tax under the Lodging Tax
Ordinance. Under such agreement, the City would be responsible for collecting the Fee
(including any delinquencies, penalties and interest) from each assessed Lodging Business within
the District and the City would remit such Fee revenues collected to the District no later than the
end of the month following the month the Fee revenues were collected by the City. The other
specific details of such collection, enforcement and disbursement process will be as outlined in
the intergovernmental agreement between the City and the District.
Section 12. Penalties and Interest. The District may charge penalties and interest for
any deficiency in a Lodging Business’s payment of the Fee in the same manner and at the same
rates as provided in Sections 25-265 and 25-266 of the Lodging Tax Ordinance. Therefore, if the
deficiency is due to the negligence of the Lodging Business, but without the intent to defraud,
there shall be added as a penalty ten (10) percent of the total amount of the deficiency. Interest in
such case shall be collected at the rate of one (1) percent per month on the amount of such
deficiency from the time the return was due from the Lodging Business required to file the return
until paid, which additional amount and interest shall become due and payable within twenty-one
(21) days after written notice of determination, assessment and demand for payment is issued.
However, if any part of the deficiency in the payment of the Fee is due to the intent by the
Lodging Business to evade the Fee, then there shall be added as a penalty fifty (50) percent of the
total amount of the deficiency, and in such case the whole amount of the Fee unpaid, including
this addition and an additional one (1) percent per month of interest on such amount shall be
added from the date the return was due until paid. This additional amount and interest shall
become due and payable within twenty-one (21) days after written notice of determination,
assessment and demand for payment is issued.
Section 13. Financial and Contractual Obligations. The District may enter into
binding multiple-fiscal year debt and other financial obligations only if the District’s Electors
first approve such debt or obligations in an election that complies with all applicable state law
requirements, including Article X, Section 20 of the Colorado Constitution. However, the District
may enter into contracts that provide for expenditures beyond the end of the District’s fiscal year
in which they are made if the enforcement of the financial obligations in such contracts are made
subject to annual appropriation by the District’s Board.
Section 14. District’s Term and Dissolution. The District shall have a term of ten
(10) years and four (4) months beginning on September 1, 2021, and ending on December 31,
2031. The District shall dissolve on December 31, 2031, if not renewed by City Council. The
District may also be dissolved before December 31, 2031, as provide in Section 22-168 of the
TID Ordinance.
Section 15. Compliance with City Code. Except as expressly provide in this
Ordinance, the District shall be subject to and must comply with all applicable provisions of the
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City Code including, without limitation, the TID Ordinance. In the event of any conflicting
provisions in the City Code or this Ordinance and provisions in the Initia l Plan or the District’s
future Annual Plans approved by the City Council, the City Code and this Ordinance shall
control.
Section 16. Title Headings. The title headings on each Section hereof are for
convenience of reference only and shall not be deemed to expand or limit the scope of any
Section.
Section 17. Recordation. This Ordinance shall be recorded in the records of the
Larimer County Clerk and Recorder.
Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A.D. 2021, and to be presented for final passage on the 4th day of August, A.D. 2021.
______________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 4th day of August, A.D. 2021.
______________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 204
EXHIBIT A A
Packet Pg. 205 Attachment: Exhibit A (10475 : Tourism Improvement District ORD)
EXHIBIT A A
Packet Pg. 206 Attachment: Exhibit A (10475 : Tourism Improvement District ORD)
1
Fort Collins Tourism Improvement District Initial Plan
I. DISTRICT’S NAME
The proposed name of this tourism improvement district shall be the “Fort Collins Tourism Improvement
District” (District).
II. LEGAL AUTHORITY
The District is to be organized and established as a tourism improvement district (TID) as authorized in Article V
of Chapter 22 of the Code of the City of Fort Collins (TID Ordinance) to fund and provide certain tourism services
and improvements for the benefit of the lodging businesses included within the District.
III. PURPOSE OF THE DISTRICT
The District is being proposed by Visit Fort Collins (VFC) and certain Fort Collins lodging businesses and its
purpose is to operate as a TID charging fees to the lodging businesses included within the District in order to
fund and provide specific tourism services and improvements for the benefit of the feepayers’ lodging
businesses. These services and improvements will be primarily used to increase room night sales for those
lodging businesses.
IV. HISTORY AND PURPOSE OF TIDs
TIDs are an evolution of the traditional business improvement district. The first TID was formed in West
Hollywood, California in 1989. Since then, over 170 United States destinations have followed suit. This includes
many states that have adopted the California model. For example, Montana, South Dakota, Washington, Texas
and Louisiana have adopted TID laws, as well as municipalities in Colorado.
TIDs nation-wide collectively raise over $400 million annually for local destination marketing. With competitors
raising their budgets, and increasing rivalry for visitor dollars, it is important that Fort Collins lodging businesses
invest in stable, lodging-specific marketing programs.
TIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism, and allow
lodging business owners to organize their efforts to increase room night sales. Participating Fort Collins lodging
business owners within the TIDs will pay a fee and those funds will be used to provide services and improvements
that increase room night sales.
There are many benefits to forming a TID that charges a fee to the lodging businesses within it:
• Fee revenues must be spent on services and improvements that provide a specific benefit only to the
feepayers;
• Fee revenues cannot be diverted to general government programs;
• They are customized to fit the needs of feepayers in each destination;
• They allow for a wide range of services;
• They are designed, created and governed by those who will pay the fee; and
• They provide a stable, long-term funding source for tourism promotion.
V. THE DISTRICT’S BOUNDARIES
The District’s boundaries shall be coterminous with the boundaries of the City of Fort Collins (City), the current
boundaries of which are shown on the map attached as EXHIBIT A. “Lodging business” shall mean any “lodging
provider,” as this term is defined in City Code Section 25-241, that is now or hereafter located within the
District’s boundaries and that is required to obtain from the City a lodging license and to pay the City’s lodging
tax as provided in Article IV, Chapter 25 of the City Code (Lodging Tax Ordinance), but shall only include those
lodging providers that engage in the business of furnishing a room or other accommodation in a hotel, motel,
B
Packet Pg. 207 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
2
inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel or similar lodging establishment
and that has three (3) or more rooms at its location to be so furnished for a period of less than thirty (30)
consecutive days under any lease, rental, concession, permit, right of access, license or other agreement.
However, a “lodging business” shall not include a “short term non-primary rental” or a “short term primary
rental” as these terms are defined in City Code Section 15-641.
The District’s boundaries shall remain conterminous with the City’s boundaries. Therefore, future lodging
businesses annexed into the City after the establishment of the District shall automatically be included within
the District’s boundaries when the City’s Financial Officer issues a lodging license to that lodging business. The
District will initially consist of twenty-three (23) lodging businesses.
VI. DISTRICT’S INITIAL TERM
The District will have an initial term of ten (10) years and four (4) months beginning on September 1, 2021 and
ending on December 31, 2031. This will allow for the lodging businesses within the District to evaluate the
District’s effectiveness at the end of the initial term. If the District is deemed successful, the District’s Board can
then request the City Council to renew the District by ordinance to continue in existence after the initial term
expires. If the District is not considered to be successful and the District is not renewed by the City Council, the
District will be deemed dissolved at the end of the initial term.
VII. PUBLIC PARTICIPATION
VFC and the lodging businesses proposing the District have been conducting public outreach to the other
affected lodging businesses, including one on one meetings and group meetings with all lodging businesses
proposed to be included in the District and subject to the fee to provide them with consistent updates on the
process to establishment of the District. To ensure accessibility for such lodging businesses, a Dropbox will be
provided to easily submit their signed petitions, view this Initial Plan, and obtain other informational resources
regarding the District.
VIII. DISTRICT’S PROMOTIONAL PLAN
The specific tourism services and improvements that the District will fund have been developed and prioritized
by the lodging businesses proposing the establishment of the District. A summary for each of the District’s
proposed programs is included below:
• Sales, Marketing, & Communications: A sales, marketing, & communications program will promote assessed
lodging businesses as tourist, meeting, and event destinations. The sales, marketing, & communications
program will have a central theme of promoting the destination as a desirable place for overnight visits. The
program will have the goal of increasing overnight visitation and room night sales at assessed lodging
businesses, and may include the following activities, but are not limited to:
- Internet marketing efforts to increase awareness and optimize internet presence to drive overnight
visitation and room sales to assessed lodging businesses;
- Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to
drive overnight visitation and room sales to assessed lodging businesses;
- Building the Fort Collins branding to attract overnight visitation to the District;
- Potential attendance of trade shows to promote assessed lodging businesses;
- Bids and fees associated with special events, including but not limited to sporting and music events
and museum exhibits, to attract overnight visitors;
- A city-wide special-event transportation program, connecting assessed lodging businesses with
downtown and other attractions, to increase demand for room night sales;
- Sales blitzes for assessed lodging businesses;
- Familiarization tours of assessed lodging businesses;
- Preparation and production of collateral promotional materials such as brochures, flyers and maps
B
Packet Pg. 208 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
3
featuring assessed lodging businesses;
- Attendance of professional industry conferences and affiliation events to promote assessed lodging
businesses;
- Lead generation activities designed to attract tourists and group events to assessed lodging
businesses;
- Increased efforts focused on stimulating visitation to the District during the off-peak tourist season;
- Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts
for assessed lodging businesses;
- Pursue hiring of additional sales staff to explore prospective marketing and sales development
opportunities;
- Education of hospitality staff on service and safety (related to alcohol and food) designed to create a
visitor experience that will bring repeat visits to assessed lodging businesses; and
- Education of lodging business management and the FCTID Board on marketing strategies best suited
to meet assessed lodging businesses’ needs.
• Destination Development: Destination development projects will be designed to improve the visitor
experience in an effort to increase overnight visitation at assessed lodging businesses. As the total number of
rooms sold and room prices increases over time, the amount of available funds for projects will increase.
Working collaboratively with the City, the District Board will develop specific funding criteria. The City and VFC
staff shall have equal input to make recommendations for final project approval. Policies and procedures
acceptable to both the District Board and VFC will be developed. Projects may include, but are not limited to:
- Comprehensive and integrated wayfinding signage system including signage to parking decks and lots;
- A city-wide special-event transportation program, connecting assessed lodging businesses with
downtown and other attractions, to increase demand for room night sales;
- Conducting research studies to determine the feasibility of building proposed meeting spaces;
- Art and cultural projects, to attract overnight visitors;
- Gateway enhancements, to attract overnight visitors;
- Enhancements to environmental experiences, which attract overnight visitors, that expose visitors to
the value of the vital ecosystems;
- Improvements to existing parks and sports facilities utilized by overnight visitors;
- Safe and fun entertainment complex for young teens and adults utilized by overnight visitors;
- Live music venue which attracts overnight visitors;
- Bids and fees associated with special events, including but not limited to sporting and music events
and museum exhibits, to attract overnight visitors;
- Infrastructure improvements that enhance Fort Collins’ competitive position to attract desirable
special events year around and attract overnight visitors; and
- Improvements to the City’s downtown parking deck that make the overnight visitor experience more
desirable.
• Administration and Operations: The administration and operations portion of the budget shall be utilized for
administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance,
legal, and accounting fees.
• Collection Fee: Under any intergovernmental agreement with the City of Fort Collins for it to collect the
District’s fees, the City shall be paid a fee equal to at least two percent (2%) of the amount of the fee collected
to cover its costs of collection and administration.
• Contingency / Reserve / Renewal: The budget includes a contingency line item to account for lower than
anticipated fees. If there are contingency funds collected, they may be held in a reserve fund or utilized for
other program, administration or renewal costs at the discretion of the District Board. Policies relating to
B
Packet Pg. 209 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
4
contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the
reserve fund shall be set by the District Board. Contingency/reserve funds may be spent on District programs
or administrative and renewal costs in such proportions as determined by the District Board. The reserve fund
may be used for the costs of renewing the District.
In the first year of the District’s operations, it is proposed that the District would invest resources to undertake
the following five key programs and goals:
1. Support sales development opportunities, which may include hiring a salesperson, prospecting tools or
specific marketing activities/programs designed to bring business to Fort Collins;
2. Determine bid incentive funding levels and direction for enhanced sales activities; and
3. Explore additional advertising, promotional or public relations options and if appropriate, the course of
action for investing.
Bringing in revenue and contributions in addition to the District’s fees will increase impact and help the
organization to best leverage investments into Fort Collins. To that end, the District will work with VFC to
maintain current funding from the City of Fort Collins, as well as grants, donations, sponsorships, memberships,
fee-for-service projects, crowdsourcing and partnerships on top of the District’s fees, for destination sales,
marketing, communication, and destination development programs. The District Board, with City Council
approval as required in City Code Section 22-166, will determine the annual operating budget each year of the
District’s operations, based upon the priorities set out in this Initial Plan.
IX. DISTRICT’S FINANCIAL PLAN
FEE ASSESSMENT
The District will assess a fee that will be three percent (3%) of a lodging business’s “lodging price” as this term
is defined in City Code Section 25-241. However, the fee will not be collected on those transactions that are
exempt from the City’s lodging tax as provided in City Code Section 25 -243. Fee revenue will only be used to
fund destination sales, marketing, communication, and destination development programs, and related
administration.
The District proposes to collect the fee by entering into an intergovernmental agreement with the City under
which the City would collect the fee in a manner similar to how the City collects its lodging tax under its Lodging
Tax Ordinance. Under such agreement, the City would be responsible for collecting the fee (including any
delinquencies, penalties and interest) from each assessed lodging business within the District and the City would
remit such fees to the District no later than the end of the month following the month the fees were collected
by the City.
FINANCIAL AND CONTRACTUAL OBLIGATIONS
As allowed by law, the District may enter into multiple-fiscal year debt and other financial obligations only if the
District is authorized to do so by its initial plan, budget and its voters in a future election. The election must
comply with all applicable state requirements, including Article X, Section 20 of the Colorado Constitution (the
TABOR Amendment), and would limit the amount of multiple-fiscal year debt and other financial obligations that
may be issued by the District to no more than the amount that is approved by the District’s voters. There are no
anticipated multiple-fiscal year debt or other financial obligations anticipated to be incurred by the District.
However, the District intends to exercise the power authorized in City Code Section 22-155 to enter into
multiple-fiscal year debt or other financial obligations that are subject to annual appropriation by the District
Board.
B
Packet Pg. 210 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
5
ESTIMATED COSTS & INITIAL 16-MONTH BUDGET
The following chart depicts the anticipated budget for the first sixteen months of the District’s operations.
Budget Category Sub-Category Line Detail September 2021 –
December 2021
January 2022 –
December 2022
41000 · FCTID Revenue $320,000.00 $800,000.00
Other Income $- $-
$320,000.00 $800,000.00
61000 · Employee Expense
61010 · Salaries/Wages
61012 · Wages $19,912.00 $85,218.00
62023 · Employee Parking $48.00 $360.00
Total 61010 · Salaries/Wages $19,960.00 $85,578.00
61020 · Payroll Related
61022 · Payroll Taxes $1,840.00 $6,960.00
61024 · Unemployment Taxes $180.00 $682.00
61026 · Workers Compensation $800.00 $2,000.00
61028 · Employee Insurance $4,800.00 $18,000.00
61031 · Employee Benefits $1,200.00 $6,000.00
Total 61020 · Payroll Related $8,820.00 $33,642.00
Total 61000 · Employee
Expense
$28,780.00 $119,220.00
62000 · Administrative and
General
Administrative
Sales, Marketing and
Communications, 60%
Destination Development15%
Administration and
Operations, 20%
Contingency/Reserve, 3%
City Collection Fee, 2%
September 2021 -December 2022 Budget
B
Packet Pg. 211 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
6
62002 · Accounting $2,000.00 $6,000.00
62006 · Bank Charges $320.00 $1,200.00
62008 · Legal $10,000.00 $18,000.00
62025 · Supplies $320.00 $1,200.00
Total Administrative $12,640.00 $26,400.00
Office Rent Office Rent $1,140.00 $5,880.00
62070 · Telephone
62078 · Telephone - Cellular $1,920.00 $2,400.00
Total 62070 · Telephone $1,920.00 $2,400.00
62080 · Equipment/Computer
Lease
62081 · Office Equipment
Lease/Rental
$- $-
62084 · Office Furniture $2,000.00 $-
62085 · Computer Software
Purchase
$480.00 $600.00
62086 · Computer Equipment $3,200.00 $4,000.00
62087 · Maintenance $1,200.00 $1,500.00
Total 62080 ·
Equipment/Computer Lease
$6,880.00 $6,100.00
62099 · Miscellaneous $- $-
Total 62000 · Administrative
and General
$64,000.00 $160,000.00
Sales Expense
78015 · Trade Shows $4,840.00 $16,550.00
73007 · Lead Generation $15,920.00 $27,900.00
73000 · Sales Activities $3,456.00 $4,000.00
73000 · Bid Activities $11,200.00 $60,000.00
73000 · Local Champions Program $48,000.00 $60,000.00
73000 · Research $12,000.00 $60,000.00
78015 · Travel $4,000.00 $9,550.00
Total Sales Expense $99,416.00 $238,000.00
Marketing
62004 · Advertising
80000 · Digital $18,400.00 $78,000.00
62005 · Promotions $2,744.00 $-
62004 · Advertising $32,000.00 $44,000.00
Total 62004 · Advertising $53,144.00 $122,000.00
62003 · Web/Internet Expenses
80030 · Website Service $9,920.00 $28,584.00
Total 62003 · Web/Internet
Expenses
$9,920.00 $28,584.00
62028 · Graphics
80040 · Graphic Arts $9,600.00 $27,500.00
B
Packet Pg. 212 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
7
Total 62028 · Graphics $9,600.00 $27,500.00
Public Relations
80070 · Agency Fees $3,600.00 $5,500.00
80080 · FAM Trips $4,800.00 $7,500.00
80090 · Media Events $4,800.00 $14,500.00
Total Public Relations $13,200.00 $27,500.00
International Marketing
81000 · Trade Shows $0.00 $3,000.00
81110 · Promotions $0.00 $-
Total International Marketing $0.00 $3,000.00
Total Marketing $79,144.00 $208,584.00
Visitor Services
DVIC Visitor Service Expense
62022 · Rent $2,400.00 $12,000.00
83020 · DVIC Supplies $240.00 $1,016.00
83010 · DVIC Volunteer
Enhancement
$600.00 $3,000.00
83017 · DVIC Staffing $3,120.00 $15,600.00
83015 · DVIC Janitorial $360.00 $1,800.00
Total DVIC Expense $6,720.00 $33,416.00
Total Visitor Services $6,720.00 $33,416.00
Total Sales, Marketing and
Communications
$192,000.00 $480,000.00
Destination Development
82015 · Initiatives $46,740.00 $116,400.00
82060 · Supplies $0.00 $-
82050 · CTA Program Fees $1,260.00 $3,600.00
82020 · Promotional Items $0.00 $-
Total Destination
Development
$48,000.00 $120,000.00
Reserves
62009 · Reserves $9,600.00 $24,000.00
Total Reserves $9,600.00 $24,000.00
City Collection Fee
7100 · City Collection Fee $6,400.00 $16,000.00
Total City Collection Fee $6,400.00 $16,000.00
Total Expense $320,000.00 $800,000.00
Net Ordinary Income ($320,000.00) $(800,000.00)
Net Income ($320,000.00) $(800,000.00)
B
Packet Pg. 213 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
8
X. PENALTIES AND INTEREST
The penalties and interest charged for any deficiency in the payment of the District fee shall be the same as
provided in Sections 25-265 and 25-266 of the Lodging Tax Ordinance. Therefore, if the deficiency is due to
negligence, but without the intent to defraud, there shall be added as a penalty ten (10) percent of the total
amount of the deficiency. Interest in such case shall be collected at the rate of one (1) percent per month on the
amount of such deficiency from the time the return was due from the person required to file the return until
paid, which additional amount and interest shall become due and payable within twenty-one (21) days after
written notice of determination, fee and demand for payment is issued. However, if any part of the deficiency
in the payment of the lodging tax is due to the intent by the taxpayer to evade the tax, then there shall be added
as a penalty fifty (50) percent of the total amount of the deficiency, and in such case the whole amount of the
tax unpaid, including this addition and an additional one (1) percent per month of interest on such amount shall
be added from the date the return was due until paid. This additional amount and interest shall become due and
payable within twenty-one (21) days after written notice of determination, assessment and demand for payment
is issued.
XI. TIME AND MANNER FOR COLLECTING FEES
The District’s fee will be implemented beginning September 1, 2021 and will continue for ten (10) years and four
(4) months through December 31, 2031. If the City Council authorizes the City to do so under an
intergovernmental agreement with the District, the City will be responsible for collecting the fee (including any
delinquencies, penalties and interest) from each lodging business. In such event, lodging businesses shall remit
the fee each month to the City in substantially the same manner and at the same time as the lodging business is
required to remit the lodging tax to the City.
XII. DISTRICT GOVERNANCE
The TID Ordinance requires the District to a have a governing board consisting of an odd number of directors of
no fewer than five (5) directors and no more than nine (9) directors. All directors on the board must be qualified
electors of the District. The board is proposed to have five (5) directors who are electors of the District having
the following additional qualifications: (i) three (3) directors must be affiliated with a large, full-service lodging
business; (ii) one (1) director must be affiliated with a small, limited-service lodging businesses; (iii) one (1)
director must be affiliated with a boutique or specialty lodging business; and (iv) the remaining directors may be
affiliated with any type of lodging business. The following persons are recommended to be appointed as the
District’s initial directors on its board to serve the staggered terms indicated below as required by City Code
Section 22-164:
Board Member Affiliation Rationale for Inclusion on
Board
Initial Term:
1, 2, and 3 years
Daniel Benton Fort Collins Hilton Full-service 1 year
Danielle Lowry Hampton Inn Limited-service 2 years
Dragan Andrejic The Elizabeth Full-service 2 years
George Prine The Armstrong Boutique/Specialty 3 years
Sandra Fredrickson Fort Collins Marriott Full-service 1 year
The terms of the initial directors on the board shall be deemed to have commenced on September 1, 2021, the
effective date of the establishment of the District. Upon the expiration of the initial terms, successor directors
shall be appointed by the City Council by resolution for terms of three (3) years unless the appointee is being
appointed to finish the term of a director who has left the board for any reason before the expiration of their
term and, in such case, the appointee shall only be appointed to finish the term of the departed director.
B
Packet Pg. 214 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
9
XIII. DISTRICT MANAGEMENT STRUCTURE
The District intends to enter into an agreement with VFC to deliver the programs and services contemplated
under this Initial Plan and to manage the District. VFC is a 501(c)(6) organization that supports the development
of Fort Collins.
XIV. CITY SERVICES
The District’s tourism services and improvements will be designed to supplement and complement existing City
services and will be in addition to City services that are currently provided in Fort Collins. The District services
and improvements are not intended to replace any existing City services or improvements.
XV. ANNUAL REVIEW
The TID Ordinance requires the District to file an annual operating plan and budget with the City on or before
September 30 of each year.
XVI. SURPLUS AND OTHER FUNDING
For the initial year of the operation of the District beginning September 1, 2021, there shall be no surplus to be
carried over from a previous year.
For the initial year of the operation of the District beginning September 1, 2021, there shall be no deficit revenues
to be carried over from a previous year.
For the initial year of the operation of the District beginning September 1, 2021, the amount of contributions to
be made from sources other than the District is approximately $350,000.
XVII. DISSOLUTION
The District shall dissolve on December 31, 2031, if not renewed by City Council. The District may also be
dissolved before December 31, 2031, as provide in City Code Section 22-168.
XVIII. CONCLUSION
With the submission of this Initial Plan, VFC and participating lodging businesses hereby request the City Council
of the City of Fort Collins to establish the District pursuant to the TID Ordinance.
B
Packet Pg. 215 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
-
10
-
EXHIBIT A
Boundary Map
B
Packet Pg. 216 Attachment: Exhibit B (10475 : Tourism Improvement District ORD)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Kyle Stannert, Deputy City Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2021-077 Adopting the 2021-2023 City Council Priorities.
EXECUTIVE SUMMARY
The purpose of this item is to consider formal adoption of Council’s priorities for 2021-2023.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Every two years, following a Council election, the newly seated Council sits for a planning retreat to identify
priorities and confirm strategic direction. Priorities are identified for specific focus and action by the
organization on items that fit within the broader context of the City’s Vision, Mission, Strategic Plan and
ensuring world class service provision 24 hours a day, 365 days a year. Following the April 6, 2021 election,
Council held their initial retreat over a two-day period on May 7 and 8 and then a follow up retreat conversation
on June 29. Through a process of priority identification and selection, Council identified 31 items as priorities
for its 2021-2023 term.
The priorities are reflected in the table below, where staff has provided an expected outcome statement of the
work anticipated over the next 21 months based on council dialogue at the retreats. Staff is working to
schedule a work session after Council’s August recess to discuss the expected outcomes of the adopted
priorities to ensure alignment with council as work plans commence.
Strategic Outcome Priority Outcome Statement
Safe Community More stringent penalties for
animal cruelty and neglect
Evaluate existing penalties and policies to ensure
alignment with Council, then if needed explore
possible options with Legislative Review Committee
to influence state law, or pursue policy changes
within the City’s purview.
Juvenile diversion Develop proposal for a pilot juvenile diversion
program based on evidence-based practices to
provide educational and restorative age-appropriate
interventions targeting top two or three behaviors.
Transportation and
Mobility
Advance transit initiatives that
remove barriers
• 2021: Complete funding and fare study to begin
by the end of 2021 to assess cost benefit
analysis of fare collection and alternatives. This
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Agenda Item 16
Item # 16 Page 2
study will inform future action such as ballot
initiatives.
• 2022 BFO Offer submitted with a focus on
collaboration with PSD.
• 2021: Complete Preliminary Design on W.
Elizabeth Bus Rapid Transit project and continue
to explore funding sources for final design and
construction.
• 2021: Complete North Transit Facility Design and
Study.
• 2021: Complete the North College Transit
Oriented Development Plan, which considers an
extension of Bus Rapid Transit to North College
area.
• WS 2021: Report on progress on these projects
and to seek guidance on funding and fare study.
• 2022: Budgeting For Outcomes Offer submitted
with a focus on collaboration with Poudre School
District.
Improved traffic compliance Police will evaluate methods for enhancing traffic
compliance, and continue/increase traffic
enforcement at locations where concerns have been
raised.
High Performing
Government
Advance Regionalism -
collaboration regionally while
maintaining the unique
character of Fort Collins
Establish a framework and relationships for
continued progress toward numerous issues that
have impacts and likely solutions at the regional
level, such as water, transportation, housing, and air
quality.
Look into changing the April
election to November with
School Board years to have
all local elections at once
Gather information and present findings at a future
work session to identify and evaluate advantages
and disadvantages, resource needs, policy changes,
and calendar implications of moving to November
elections. If Council determines a change should
move forward, staff would prepare an implementation
plan to support the transition and Charter
amendment.
Advance gender equity in City
Sales Tax Code
Establish a Pink Tax or Menstrual Equity Ordinance
for the City of Fort Collins to exempt certain products
from sales tax. Input will be sought from residents
and businesses to provide feedback to Council prior
to consideration on first reading.
Attract and retain competitive
and diverse talent to meet the
needs of the community
The first phase will be to determine current and
future childcare needs of our employees and then
recommend strategies and solutions within a
financial model that is sustainable. Working very
closely with the County as they desire to have an
onsite childcare facility and welcome any possible
alignment.
Environmental Help bird species recover Explore opportunities to become a certified bird-
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Agenda Item 16
Item # 16 Page 3
Health friendly city through organizations such as the
Audubon Society.
Accelerate composting -
(Curbside and business)
Work toward implementation of Our Climate Future
(OCF) Big Move 2: Zero Waste Neighborhoods,
specifically:
• Collaborate through Regional Wasteshed to
identify opportunities to accelerate development
of yard trimmings and food scraps composting
facilities on Larimer County property adjacent to
the Larimer County Landfill.
• Commence policy development regarding yard
trimmings and food scraps per Council direction.
Adopt grey water statute to
allow grey water systems in
new buildings
Explore and implement, if feasible, a Graywater
Ordinance for the City of Fort Collins to promote the
use of the "right water for the right use". Staff will
present policy issues related to this priority in a work
session in late 2021 timeframe. An update to the
Plumbing Code would be needed in addition to an
implementing ordinance.
Districted system for garbage,
recycling and compost
Utilizing information from previous studies about
districting trash and recycling services in Fort Collins
and best practices from peer communities, develop a
strategy and timeline to explore districting in Fort
Collins.
Explore climate emergency
messaging and action
Work with the community to identify the most
effective messaging to intensify progress towards
goals and implement Our Climate Future.
Effective soil amendment
policies and compliance
(water usage),
Optimize staff resources to modernize the current
soil amendment code while evaluating best practices
in the industry. Coordination with multiple City
departments will be necessary in addition to aligning
the timing appropriately with Land Use Code
updates.
Protect and Enhance
Instream River Flows
Continue efforts currently underway, including:
• Developing and using regulatory and
infrastructure/resource mechanisms
• Multiple BFO offers are included in the 2022
budget process.
Reduce Plastic Pollution
• Explore what technologies are available for
washing machine microfibers and if there is
enough evidence to warrant the City endorsing
and incentivizing them as a whole.
• Continue comprehensive plastic policy
development: Re-engage community to
understand what items and policy interventions
have support. Bring engagement results and best
practices to Council for further consideration.
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Agenda Item 16
Item # 16 Page 4
• Implement disposable bag ordinance: Work with
historically underrepresented groups and highly
impacted community members to identify
potential equity impacts of disposable bag
ordinance and work to alleviate them. Work with
grocers and community as a whole to implement
disposable bag ordinance in 2022.
Improved Air Quality
Continue to implement a full spectrum of options ,
including engagement, incentives and regulation, that
focus on prevention of air pollution at the source,
including:
• Incentivizing and promoting use of electric or
low-emission alternatives to non-road gas and
diesel engines such as lawn and garden
maintenance equipment, for residential,
municipal and commercial use.
• Supporting reductions in oil and gas production
and development related emissions, through
regional collaboration and updates to local
regulations.
• Continuing to support outreach and enforcement
related to local air quality regulations, such as
outdoor wood burning and fugitive dust policies.
• Electrification of buses in progress and work
toward reducing Single Occupancy Vehicles.
• Improved understanding of regional impacts on
local air quality through enhanced monitoring.
Make real progress on the
road to Zero Waste (with
focus on multi-family and
commercial recycling and
construction and demolition
recycling)
• Implement the Community Recycling Ordinance,
which brings recycling to multi-family complexes
and businesses in 2021.
• Improve enforcement of recycling requirements
at construction and demolition sites.
• Continue to work toward construction and
demolition sorting facility as part of Regional
Watershed Project.
• As part of regional and state efforts, work to
develop construction and demolition materials
recycling markets.
• Could consider the value of evolving our
demolition ordinance to deconstruction
ordinance.
Xeriscape – Increase rebates
and education, less green
lawns with new development
Optimize City resources, including funding and staff,
to promote and implement xeriscape landscaping
where appropriate. Landscape code requirements
will be coordinated with the Land Use Code update
efforts.
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Agenda Item 16
Item # 16 Page 5
Enhanced recycling
education
• Implement OCF strategy to explore barriers to
recycling, reuse, and sharing experienced by
historically underrepresented groups and the
broader community, including but not limited to
education.
• Implement recommendations to remove barriers
where feasible, including those related to how the
City provides recycling education.
• Depending on input from the community,
possible actions could include enhanced
partnerships with community organizations or
more focus on language justice.
• Build trust and maintain more relationships in the
community to ensure ongoing feedback instead
of one-off engagement.
Improved and accelerated
stream (riparian) restoration
Continue and enhance the Stream Rehabilitation
program in stormwater by implementing stream
rehabilitation projects such as successful work on
Spring Creek at Edora Park and Mail Creek,
including work with Natural Areas on additional
projects, with the goal of optimizing the balance of
floodplain safety and rehabilitation work.
Economic Health Raise the minimum wage Evaluate and consider raising the minimum wage
locally as allowed under HB19-1210 within Fort
Collins to address the rising cost of living. Potential
activities include:
• Prepare and implement a public engagement
plan that meets the state statute requirements.
• Conduct an economic analysis of the impacts of
a local minimum wage on the local economy.
• Present the results to City Council, Boards and
Commissions, and other key stakeholders.
• Based on direction from Council prepare a local
ordinance establishing a local minimum wage
consistent with state law.
Develop a Circular Economy
Plan
Consider a circular economy plan and tech incubator
as part of a holistic update to the City's Economic
Health Strategic Plan and in partnership with
implementation of Our Climate Future:
• Encourage innovation and the local use of
materials that are either the by-product or waste
of another industry.
• Incorporate Austin Tech incubator as a model.
Partner with Poudre School
District (PSD) for workforce
development
Engage with PSD to support identifying a site for the
Futures Lab and continue to consider the role of the
Urban Renewal Authority in supporting Power House
II. Partnership opportunities include the development
of internships, fellows, and work/study or mentoring
programs.
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Agenda Item 16
Item # 16 Page 6
Affordable, Quality and
Accessible Childcare
Infrastructure
With a focus on workforce development/retention,
expand the City's support for system-level childcare
projects; capacity expansion for school-age summer
care spots; increase support for accessibility
resources for vulnerable populations; mental health
resources built into childcare programs. Additional
activities may include:
• Provide direct care services (Recreation),
policies and partnership efforts that align with the
City’s role/scope.
• Prioritize efforts to catalyze entrepreneurial
opportunities for home-based providers.
• Integrate childcare infrastructure into the City
Recovery Plan and Economic Health Strategic
Plan update.
• Reduce development review barriers to center-
based childcare, particularly when it involves
reusing or expanding existing buildings.
Create a targeted, specific
plan for community recovery
Adopt a City Recovery Plan in December 2021 to
direct the administration of various federal
programming, including the American Rescue Plan
Act (ARPA) proceeds.
Culture and
Recreation
Access funding for parks
(maintenance and operations,
refresh, and new parks)
Increase funding for parks refresh and asset
management;
• 2022 BFO offers have been submitted
• Long-term funding strategy is an identified priority
for new Community Services Director.
Improved tree policies Analyze opportunities for improved tree policies in
the Land Use Code. Work in collaboration with
Development Review to include amendments
focused on tree protection guidelines and mitigation
requirements that highlight the sliding scale of value
of mature trees.
Tree planting subsidy Develop a 2022 BFO offer that increases the size of
the Community Canopy program that provides a
subsidy to private property owners for tree planting.
Neighborhood
Livability and Social
Health
Implementation of 15-minute
community concept
2022: BFO offer submitted to analyze existing
citywide plans and metrics for alignment with 15-
minute concept in coordination with the update to our
Active Modes Plan; identify critical next steps and
implementation priorities.
Homelessness Initiatives: City will collaborate with partners on 24/7 shelter
community engagement and planning in addition to
supporting Outreach Fort Collins enabling expansion
into mid-town and continue in North Fort Collins to:
1. Increase service referrals for people experiencing
homelessness and respond to reported disruptive
behaviors.
2. Foster relationships among businesses, service
providers, and residents in mid-town.
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Agenda Item 16
Item # 16 Page 7
Upon adoption of these priorities, staff will begin to take initial actions and formulate plans on these items.
Subsequent to the work session, like in previous terms, progress will be reported usin g a revised Council
Priority Dashboard, which is intended to be provided to Council on a bimonthly basis. Other changes to the
dashboard will be made to ensure that planned council and staff actions are clearly noted, as well less repeat
information being provided from version to version. Additional information on reporting can be discussed as
part of the work session.
CITY FINANCIAL IMPACTS
This item is not expected to have a financial impact on the City. Individual priorities may require appropriations
or budget requests that will be considered in the future.
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Packet Pg. 223
-1-
RESOLUTION 2021-077
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2021-2023 CITY COUNCIL PRIORITIES
WHEREAS, the Fort Collins City Council met at a Council Retreat on May 7 and 8,
2021, to initiate and discuss plans for their new Council term; and
WHEREAS, Council further discussed and refined plans and priorities as part of a June
29, 2021, follow-up meeting; and
WHEREAS, in these discussions, Council worked together to develop Council priorities
to guide the work of the City organization over the next two years (“Council Priorities”); and
WHEREAS, the Council Priorities supplement the City’s Vision, Mission and Strategic
Plan, City Plan and other adopted plans and policies and the funding priorities embodied in the
adopted budget for 2021-2023; and
WHEREAS, Council priorities are identified for specific focus and action by the
organization on items that fit within the broader context while ensuring provision of world class
service to the community 24 hours a day, 365 days a year; and
WHEREAS, the Council is committed to continuing and building on longstanding and
important City efforts around diversity, equity and inclusion, climate action, attainable housing,
enhancing environmental health, broadband and a safe and accessible community for all Fort
Collins residents; and
WHEREAS, City Council may amend the list of retreat priorities from time to time,
based on community needs, available resources, and new opportunities.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Council hereby adopts as its priorities for action during the 2021 -2023
Council term the initiatives within the seven Key Outcome Areas to supplement approved
Strategic Plan, Budgeting for Outcomes and other approved programs and plans described on
Exhibit “A”, attached hereto and incorporated herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of July, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 224
CITY COUNCIL PRIORITIES
2021-2023
Strategic
Outcome
Priority Outcome Statement
Safe Community More stringent penalties for
animal cruelty and neglect
Evaluate existing penalties and policies to
ensure alignment with Council, then if needed
explore possible options with Legislative
Review Committee to influence state law, or
pursue policy changes within the City’s
purview.
Juvenile diversion Develop proposal for a pilot juvenile diversion
program based on evidence-based practices
to provide educational and restorative age-
appropriate interventions targeting top two or
three behaviors.
Transportation and
Mobility
Advance transit initiatives that
remove barriers
•2021: Complete funding and fare study to
begin by the end of 2021 to assess cost
benefit analysis of fare collection and
alternatives. This study will inform future
action such as ballot initiatives.
•2022 BFO Offer submitted with a focus on
collaboration with PSD.
•2021: Complete Preliminary Design on W.
Elizabeth Bus Rapid Transit project and
continue to explore funding sources for
final design and construction.
•2021: Complete North Transit Facility
Design and Study.
•2021: Complete the North College Transit
Oriented Development Plan, which
considers an extension of Bus Rapid
Transit to North College area.
•WS 2021: Report on progress on these
projects and to seek guidance on funding
and fare study.
•2022: Budgeting For Outcomes Offer
submitted with a focus on collaboration
with Poudre School District.
Improved traffic compliance Police will evaluate methods for enhancing
traffic compliance, and continue/increase
traffic enforcement at locations where
concerns have been raised.
High Performing
Government
Advance Regionalism -
collaboration regionally while
maintaining the unique
character of Fort Collins
Establish a framework and relationships for
continued progress toward numerous issues
that have impacts and likely solutions at the
regional level, such as water, transportation,
housing, and air quality.
EXHIBIT A A
Packet Pg. 225 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Look into changing the April
election to November with
School Board years to have
all local elections at once
Gather information and present findings at a
future work session to identify and evaluate
advantages and disadvantages, resource
needs, policy changes, and calendar
implications of moving to November elections.
If Council determines a change should move
forward, staff would prepare an
implementation plan to support the transition
and Charter amendment.
Advance gender equity in City
Sales Tax Code
Establish a Pink Tax or Menstrual Equity
Ordinance for the City of Fort Collins to
exempt certain products from sales tax. Input
will be sought from residents and businesses
to provide feedback to Council prior to
consideration on first reading.
Attract and retain competitive
and diverse talent to meet the
needs of the community
The first phase will be to determine current
and future childcare needs of our employees
and then recommend strategies and solutions
within a financial model that is sustainable.
Working very closely with the County as they
desire to have an onsite childcare facility and
welcome any possible alignment.
Environmental
Health
Help bird species recover Explore opportunities to become a certified
bird-friendly city through organizations such
as the Audubon Society.
Accelerate composting -
(Curbside and business)
Work toward implementation of Our Climate
Future (OCF) Big Move 2: Zero Waste
Neighborhoods, specifically:
•Collaborate through Regional
Wasteshed to identify opportunities to
accelerate development of yard
trimmings and food scraps
composting facilities on Larimer
County property adjacent to the
Larimer County Landfill.
•Commence policy development
regarding yard trimmings and food
scraps per Council direction.
Adopt grey water statute to
allow grey water systems in
new buildings
Explore and implement, if feasible, a
Graywater Ordinance for the City of Fort
Collins to promote the use of the "right water
for the right use". Staff will present policy
issues related to this priority in a work session
in late 2021 timeframe. An update to the
Plumbing Code would be needed in addition
to an implementing ordinance.
EXHIBIT A A
Packet Pg. 226 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Districted system for garbage,
recycling and compost
Utilizing information from previous studies
about districting trash and recycling services
in Fort Collins and best practices from peer
communities, develop a strategy and timeline
to explore districting in Fort Collins.
Explore climate emergency
messaging and action
Work with the community to identify the most
effective messaging to intensify progress
towards goals and implement Our Climate
Future.
Effective soil amendment
policies and compliance
(water usage),
Optimize staff resources to modernize the
current soil amendment code while evaluating
best practices in the industry. Coordination
with multiple City departments will be
necessary in addition to aligning the timing
appropriately with Land Use Code updates.
Protect and Enhance
Instream River Flows
Continue efforts currently underway,
including:
•Developing and using regulatory and
infrastructure/resource mechanisms
•Multiple BFO offers are included in
the 2022 budget process.
Reduce Plastic Pollution •Explore what technologies are
available for washing machine
microfibers and if there is enough
evidence to warrant the City endorsing
and incentivizing them as a whole.
•Continue comprehensive plastic policy
development: Re-engage community
to understand what items and policy
interventions have support. Bring
engagement results and best practices
to Council for further consideration.
•Implement disposable bag ordinance:
Work with historically
underrepresented groups and highly
impacted community members to
identify potential equity impacts of
disposable bag ordinance and work to
alleviate them. Work with grocers and
community as a whole to implement
disposable bag ordinance in 2022.
EXHIBIT A A
Packet Pg. 227 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Improved Air Quality Continue to implement a full spectrum of
options—including engagement, incentives
and regulation—that focus on prevention of
air pollution at the source, including:
•Incentivizing and promoting use of
electric or low-emission alternatives
to non-road gas and diesel engines
such as lawn and garden
maintenance equipment, for
residential, municipal and commercial
use.
•Supporting reductions in oil and gas
production and development related
emissions, through regional
collaboration and updates to local
regulations.
•Continuing to support outreach and
enforcement related to local air
quality regulations, such as outdoor
wood burning and fugitive dust
policies.
•Electrification of buses in progress
and work toward reducing Single
Occupancy Vehicles.
•Improved understanding of regional
impacts on local air quality through
enhanced monitoring.
Make real progress on the
road to Zero Waste (with
focus on multi-family and
commercial recycling and
construction and demolition
recycling)
•Implement the Community Recycling
Ordinance, which brings recycling to
multi-family complexes and
businesses in 2021.
•Improve enforcement of recycling
requirements at construction and
demolition sites
•Continue to work toward construction
and demolition sorting facility as part
of Regional Wasteshed Project
•As part of regional and state efforts,
work to develop construction and
demolition materials recycling
markets
•Could consider the value of evolving
our demolition ordinance to
deconstruction ordinance.
Xeriscape – Increase rebates
and education, less green
lawns with new development
Optimize City resources, including funding
and staff, to promote and implement
xeriscape landscaping where appropriate.
Landscape code requirements will be
coordinated with the Land Use Code update
efforts.
EXHIBIT A A
Packet Pg. 228 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Enhanced recycling
education
• Implement OCF strategy to explore
barriers to recycling, reuse, and
sharing experienced by historically
underrepresented groups and the
broader community, including but not
limited to education.
• Implement recommendations to
remove barriers where feasible,
including those related to how the
City provides recycling education.
• Depending on input from the
community, possible actions could
include enhanced partnerships with
community organizations or more
focus on language justice.
• Build trust and maintain more
relationships in the community to
ensure ongoing feedback instead of
one-off engagement.
Improved and accelerated
stream (riparian) restoration
Continue and enhance the Stream
Rehabilitation program in stormwater by
implementing stream rehabilitation projects
such as successful work on Spring Creek at
Edora Park and Mail Creek, including work
with Natural Areas on additional projects, with
the goal of optimizing the balance of
floodplain safety and rehabilitation work.
Economic Health Raise the minimum wage Evaluate and consider raising the minimum
wage locally as allowed under HB19-1210
within Fort Collins to address the rising cost of
living. Potential activities include:
o Prepare and implement a public
engagement plan that meets the state
statute requirements.
o Conduct an economic analysis of the
impacts of a local minimum wage on
the local economy.
o Present the results to City Council,
Boards and Commissions, and other
key stakeholders.
o Based on direction from Council
prepare a local ordinance establishing
a local minimum wage consistent with
state law.
EXHIBIT A A
Packet Pg. 229 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Develop a Circular Economy
Plan
Consider a circular economy plan and tech
incubator as part of a holistic update to the
City's Economic Health Strategic Plan and in
partnership with implementation of Our
Climate Future
• Encourage innovation and the local
use of materials that are either the by-
product or waste of another industry.
• Incorporate Austin Tech incubator as
a model.
Partner with Poudre School
District (PSD) for workforce
development
Engage with PSD to support identifying a site
for the Futures Lab and continue to consider
the role of the Urban Renewal Authority in
supporting Power House II. Partnership
opportunities include the development of
internships, fellows, and work/study or
mentoring programs.
Affordable, Quality and
Accessible Childcare
Infrastructure
With a focus on workforce
development/retention, expand the City's
support for system-level childcare projects;
capacity expansion for school-age summer
care spots; increase support for accessibility
resources for vulnerable populations; mental
health resources built into childcare programs.
Additional activities may include:
• Provide direct care services
(Recreation), policies and partnership
efforts that align with the City’s
role/scope.
• Prioritize efforts to catalyze
entrepreneurial opportunities for
home-based providers.
• Integrate childcare infrastructure into
the City Recovery Plan and Economic
Health Strategic Plan update.
• Reduce development review barriers
to center-based childcare, particularly
when it involves reusing or expanding
existing buildings.
Create a targeted, specific
plan for community recovery
Adopt a City Recovery Plan in December
2021 to direct the administration of various
federal programming, including the American
Rescue Plan Act (ARPA) proceeds.
Culture and
Recreation
Access funding for parks
(maintenance and operations,
refresh, and new parks)
Increase funding for parks refresh and asset
management;
• 2022 BFO offers have been
submitted
• Long-term funding strategy is an
identified priority for new Community
Services Director.
EXHIBIT A A
Packet Pg. 230 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Improved tree policies Analyze opportunities for improved tree
policies in the Land Use Code. Work in
collaboration with Development Review to
include amendments focused on tree
protection guidelines and mitigation
requirements that highlight the sliding scale of
value of mature trees.
Tree planting subsidy Develop a 2022 BFO offer that increases the
size of the Community Canopy program that
provides a subsidy to private property owners
for tree planting.
Neighborhood
Livability and Social
Health
Implementation of 15-minute
community concept
• 2022: BFO offer submitted to analyze
existing citywide plans and metrics for
alignment with 15-minute concept in
coordination with the update to our
Active Modes Plan; identify critical
next steps and implementation
priorities.
Homelessness Initiatives: City will collaborate with partners on 24/7
shelter community engagement and planning
in addition to supporting Outreach Fort Collins
enabling expansion into mid-town and
continue in North Fort Collins in order to
1. Increase service referrals for people
experiencing homelessness and
respond to reported disruptive
behaviors.
2. Foster relationships among
businesses, service providers, and
residents in mid-town.
EXHIBIT A A
Packet Pg. 231 Attachment: Exhibit A (10455 : 2021-2023 Council Priorities RESO)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Teresa Roche, Chief Human Resources Officer
Jenny Lopez Filkins, Legal
SUBJECT
Motion to Authorize an Internal Posting and Appointment Process for an Interim City Manager.
EXECUTIVE SUMMARY
The purpose of this item is to consider a motion by Council to authorize an internal posting for an Interim City
Manager. On July 8, 2021, City Manager Darin Atteberry announced his resignation effective August 20, 2021.
A Council action considering the appointment of an Interim City Manager is planned for August 4, 2021. Before
that date, the City must post the opening internally to all City employees as required by the Colorado Equal
Pay for Equal Work Act.
Suggested motion for Council’s consideration:
“I move that City staff post no later than July 21, 2021, the opening for the Interim City Manager position,
including a salary range of [to be filled in], and any other information required by Colorado law.”
STAFF RECOMMENDATION
Staff recommends passing the motion.
BACKGROUND / DISCUSSION
The effective date of Mr. Atteberry’s resignation is August 20, 2021. Council’s goal is to have an Interim City
Manager in place before August 20. Council will have no regular meetings in August excep t on August 4, 2021.
An adjourned meeting is proposed for July 27, 2021, and this would provide the Council an opportunity to take
action if needed. Before Council appoints an Interim City Manager, the City must post the Interim City Manager
position opening to all City employees, giving them an opportunity to compete for the position. If the motion
under consideration passes, the opening will be posted as required by the Colorado Equal Pay for Equal Work
Act. Information and a suggested salary range for inclusion in the posting will be provided to Council in
advance of the July 20 meeting so the salary range can be included in the motion. The posting will be made on
July 21, with the opportunity to apply closing on July 26, 2021.
Depending on the number of applicants, staff and Council leadership will consider whether a selection process
for the Interim City Manager position is necessary and what that process might include. Some options are
public interviews with the candidates by Council or an interview wi th the candidates by Council executive
session. The process will conclude by August 4, 2021. A resolution will be prepared to appoint an Interim City
Manager. A separate resolution will establish the preliminary search, recruitment, and selection process f or a
new City Manager. An ordinance will also be prepared for the August 4, 2021 meeting to set the Interim City
Manager compensation.
During Council’s July 27, 2021 work session, a discussion will take place to outline the preliminary process for
filling the City Manager position.
17
Packet Pg. 232
Agenda Item 17
Item # 17 Page 2
ATTACHMENTS
1. Powerpoint Presentation (PDF)
17
Packet Pg. 233
Presented by:
Interim City Manager
Recruitment Process
07-20-2021
Te resa Roche
Chief Human Resources Officer
Jenny Lopez-Filkins
Senior Assistant City Attorney
ATTACHMENT 1 17.1
Packet Pg. 234 Attachment: Powerpoint Presentation (10479 : Interim CM Posting)
•July 20: Consideration of the Motion to post Interim City Manager position with hiring salary range
•July 21: Post Interim City Manager Internal Only
•July 26: Applications accepted until 3:00 pm
•July 27:
•Inform Council of applicants for interim and suggested process for decision making
•Discussion on recruitment and selection of the full-time City Manager position
•August 4:
•Selection process for Interim concludes and Council considers a resolution for
appointment
•Council considers a resolution for recruitment and selection of the full-time City Manager
2Selection of Interim City Manager
Ti meline of Actions and Decisions
17.1
Packet Pg. 235 Attachment: Powerpoint Presentation (10479 : Interim CM Posting)
THANK YOU!
17.1
Packet Pg. 236 Attachment: Powerpoint Presentation (10479 : Interim CM Posting)