HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/07/2021 - REGULAR MEETING
City of Fort Collins Page 1
Jeni Arndt, Mayor
Emily Francis, 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 Kelly DiMartino Tammi Pusheck
City Attorney Interim City Manager Interim City Clerk
Regular Meeting
September 7, 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 Coun cil 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 pre ss *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 per mitting).
• 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 a viso previo cuando
sea posible.
City of Fort Collins Page 3
Proclamations and Presentations
5:00 p.m.
A. Proclamation Declaring September 7, 2021 as Housing Catalyst Day.
B. Proclamation Declaring September 18, 2021 as Historic Homes Tour 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, an d
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 t o 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 Cons ent 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 consi deration 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 July 6, July 20 and August 4 Regular Meetings and
the July 26 Adjourned Meeting.
The purpose of this item is to approve the minutes of the July 6, July 20 and August 4 Regular
meetings and the July 26 Adjourned meeting.
2. Second Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as
Contingency Capital Funding of the Broadband System Construction.
This Ordinance, unanimously adopted on First Reading on August 4, 2021, appropriates prior year
reserves to fund the continued build of the Broadband system. The original construction budget is
approximately 85% spent through the end of June 2021. Increased boring costs, additional premises
in the build area and the construction schedule developed from the design/bui ld framework have
contributed to the need to access these funds.
3. Second Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the
Compensation of the Interim City Manager.
This Ordinance, unanimously adopted on First Reading on August 4, 2021, to sets the compensation
and terms of the Interim City Manager appointment.
4. First Reading of Ordinance No. 100, 2021, Appropriating Prior Year Reserves and Authorizing a
Transfer in the General Fund for the March 2021 Snowstorm Tree and Branch Cleanup.
The purpose of this item is to appropriate $306,819 in General Fund reserves to cover the
unanticipated costs associated with the tree and branch cleanup fr om the March 13-14 spring
snowstorm to various City funds. This appropriation request will be used for the direct costs
associated with the cleanup effort but not covered in the operating budget. This includes personnel
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overtime, contractor costs, equipment rental and branch drop off site charges that are uniquely and
directly related to the snowstorm cleanup.
5. First Reading of Ordinance No. 101, 2021, Appropriating Philanthropic Revenue Received Through
City Give for Active Modes to Address the Needs o f Populations Disproportionately Harmed by the
Impacts of COVID-19.
The purpose of this item is to request an appropriation of $50,000 in philanthropic revenue received
through City Give for Active Modes in the FC Moves Department. A ‘Streets for Pandemic Response
and Recovery’ grant has been awarded and designated by the National Association of City
Transportation Officials (“NACTO”), in partnership with Bloomberg Philanthropies, to address the
needs of populations disproportionately harmed by COVID-19’s public health, social, and economic
impacts through community-based partnerships to spark physical or operational changes to public
space.
6. First Reading of Ordinance No. 102, 2021, Appropriating Philanthropic Revenue Received Through
City Give for Neighborhood Services to Support Healthy Outcomes for Mobile Home Park Residents’
Homes and Personal Wellbeing.
The purpose of this item is to appropriate $23,166.32 in philanthropic revenue in the General Fund
for use by the City’s Neighborhood Services department.
Neighborhood Services has been awarded a grant of $23,166 through the 2021 AARP Community
Challenge with the designated intent to support healthy outcomes for residents’ homes and personal
wellbeing through an October 2021 resource fair and community cleanup at two locations: North
College and Skyline mobile home communities.
7. First Reading of Ordinance No. 103, 2021, Appropriating Unanticipated Shuttered Venue Operators
Grant Revenue in the Cultural Services & Facilities Fund for the Lincoln Ce nter.
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Serv ices &
Facilities Fund for the Lincoln Center operations. This appropriation includes $1,243,768 of grant
revenues awarded on July 15, 2021, provided by the federal government through the Small Business
Administration to support personnel or business expen ses.
8. Items Related to Local Marijuana Codes.
A. First Reading of Ordinance No. 104, 2021, Amending Chapter 15, Article XVI of the Code of the
City of Fort Collins Regulating Medical Marijuana Businesses to Update, Clarify and Align City
Code with State Law.
B. First Reading of Ordinance No. 105, 2021, Amending Chapter 15, Article XVII of the Code of the
City of Fort Collins Regulating Retail Marijuana Businesses to Update, Clarify and Align City
Code with State Law.
The purpose of these items is to update and align two City marijuana Code provisions with state law
at the request of the industry. Since the adoption of local marijuana regulations in 201 0 and 2012,
many City requirements are now covered in state law. There are also minor differences th at if
aligned will be more easily communicated for public awareness and licensing enforcement. Further,
staff recommends two other changes to City Code to address additional local control and social
equity concerns regarding access to the legal marijuana industry.
9. First Reading of Ordinance No. 106, 2021, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements for the North Mason
Stormwater Project and the North Mason Street Alignment from Alpine Street to Hickory Street.
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements from Alpine
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Street to Hickory Street for the North Mason Stormwater Project and the North Mason Street
alignment.
10. Items Related to the Disconnection of the Poudre School District Prospect Middle an d High School
Site from the City of Fort Collins.
A. First Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District
Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From
the Territory of the City of Fort Collins.
B. First Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth
Management, and Related Issues.
The purpose of this item is to process a request from the Poudre School District to disconnect (de -
annex) the Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed
into the Town of Timnath. Included in this item are the following actions:
(1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This
Ordinance would not take effect until the Town of Timnath has approved annexation of the property.
(2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation
on annexation, growth management and related issues. The amendment wo uld allow for Timnath to
annex the property into their municipal limits despite the property's location within the Fort Collins
Growth Management Area.
11. First Reading of Ordinance No. 109, 2021, Designating the Thomas Property, 308 Cherry Street,
Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in
Resolution 2019-064.
The purpose of this item is to request City Landmark designation for the property at 308 Cherry
Street. In cooperation with the property owner, City staff and the Historic Preservation Commission
have determined the property to be eligible for designation under Standard 1, Events/Trends for the
property's association with Black/African American history in Fort Collins. The owner is requesting
designation, which will provide protection of the property's exterior and access to financial incentives
for historic property owners. If designated, this would be the first property in Fort Collins to be
recognized and protected for association with Black/African American history.
12. Items Related to Golf Professionals and Concessionaire Agreements.
A. First Reading of Ordinance No. 110, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Golf Professional at Collindale Golf Course.
B. First Reading of Ordinance No. 111, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Golf Professional at Southridge Golf Course.
C. First Reading of Ordinance No. 112, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Food and Beverage Concession at Southridge Golf Course.
The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8 -
186(a), to enter into contracts greater than five years in length for the Golf Professionals at Collindale
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and Southridge Golf Courses and to extend the contract for the Food and Beverage Concession at
Southridge Golf Course. These three contracts were originally awarded by competitive purchasing
processes in accordance with City Code Section 8-158, Competitive sealed proposals. The
contracts for the Golf Professionals include a provision for the City to extend the contracts for up to
an additional five years, subject to Council approval. Extending the contracts for the Golf
Professionals at these two golf courses and the Food and Beverage Concession at Southridge Golf
Course is in the City’s best interest.
13. Resolution 2021-082 Approving the Execution of the Fourth Amended Intergovernmental
Agreement of the Establishment of the Larimer Emergency Telephone Authority.
The purpose of this item is to approve an agreement to modify, amend and supersede an
intergovernmental agreement concerning the implementation of an "E911" Emergency Telephone
Service. The City is a party to an Intergovernmental Agreement (the “E-911 IGA”) dated November
14, 1990, which established a separate legal entity called the Larimer Emergency Telephone
Authority (“LETA”). LETA is responsible for administering the operation of the emer gency telephone
service program (911) and defining how each of the parties will participate in the Authority. On June
2, 2021, the LETA Board of Directors approved an agreement to modify, amend and supersede the
original E-911 IGA, as last amended by the (2009) Third Amendment to the IGA. This Resolution
approves the execution of the Fourth Amended Intergovernmental Agreement of the Establishment
of the Larimer County Emergency Telephone Authority (the Fourth Amended IGA).
14. Resolution 2021-083 Setting the Dates of the Public Hearings on the 2022 Proposed City of Fort
Collins Budget.
The purpose of this item is to set two public hearing dates for the proposed 2022 budget that the City
Manager has filed with the City Clerk pursuant to Section 2 of City C harter Article V. Section 3 of
City Charter Article V requires Council to set a date for a public hearing on the proposed budget and
to cause notice of the hearing to be published. This Resolution sets two public hearing dates for
Council’s regular meeting on September 21, 2021, and its regular meeting on October 5, 2021. The
Resolution also directs the City Clerk to publish the notice of these two hearings, which notice is
attached as Exhibit “A” to the Resolution.
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. Volunteer Services Update (Sue Schafer)
B. Code Compliance Update (Justin Moore)
• COUNCILMEMBER REPORTS
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
• DISCUSSION ITEMS - No items are scheduled for Discussion.
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• OTHER BUSINESS
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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, the City of Fort Collins Housing Authority (now Housing Catalyst) was
formed in 1971 following a petition by Fort Collins residents setting forth the need for a housing
authority in Fort Collins and a resolution by the City Council of Fort Collins; and
WHEREAS, original Board of Commissioners appointed by then-Mayor Karl Carson
included Irving Wilson, Alvin J. Kruchten, Nancy McComb, Pete Sanchez, and Harry E. Troxell;
and
WHEREAS, Housing Catalyst is a Larimer County mission-driven real estate developer
at the leading edge of affordable housing, forging public-private partnerships to build and
preserve affordable homes in Northern Colorado: and
WHEREAS, Housing Catalyst owns, manages, and was instrumental in the creation of
more than 1,600 local residences, making it the community leader in sustainable, long-term
affordable housing solutions; and
WHEREAS, Housing Catalyst administers rental assistance to more than 1,400 local
families each year, moving people out of homelessness, stabilizing families, and improving lives;
and
WHEREAS, Housing Catalyst serves thousands of community members annually,
including seniors, individuals with disabilities, and children. Resident services empower and
equip residents for success by providing resources, community-building events, and the
JumpStart self-sufficiency program; and
WHEREAS, Housing Catalyst has been building community and inspiring change in
Fort Collins for 50 years. The organization is poised to continue providing creative, sustainable,
community-focused solutions to address the growing need for affordable homes in Northern
Colorado.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim September 7, 2021 as
HOUSING CATALYST DAY
and congratulate Housing Catalyst on 50 years of dedicated and innovative service to the Fort
Collins community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 9
PROCLAMATION
WHEREAS, the Poudre Landmarks Foundation, Inc., was established in 1972 to
administer the Avery House upon its acquisition by the City of Fort Collins in 1974; and
WHEREAS, the mission of the Poudre Landmarks Foundation is to preserve, restore,
protect, and interpret the architectural and cultural heritage of the Fort Collins area; and
WHEREAS, the Annual Historic Homes Tour was established in 1985 as the major
fund-raising event for the Poudre Landmarks Foundation, with all proceeds benefiting its
preservation work; and
WHEREAS, the Historic Homes Tour is a community service event by volunteers of the
Poudre Landmarks Foundation to raise awareness about historic preservation work; and
WHEREAS, September 18, 2021, is the date of the 37th Annual Historic Homes Tour
presented by the Poudre Landmarks Foundation.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim Saturday, September 18, 2021, as the
HISTORIC HOMES TOUR DAY
in the City of Fort Collins and call upon the community to join their fellow citizens in
recognizing and participating in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of September, 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 10
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 6, July 20 and August 4 Regular Meetings and the July
26 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the July 6, July 20 and August 4 Regular meetings and
the July 26 Adjourned meeting.
ATTACHMENTS
1. July 6, 2021 (PDF)
2. July 20, 2021 (PDF)
3. July 26, 2021 (PDF)
4. August 4, 2021 (PDF)
1
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July 6, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• CALL MEETING TO ORDER
City Manager Atteberry and the Spanish interpreters outlined the interpretation options.
Mayor Arndt outlined the meeting accommodations related to COVID.
• ROLL CALL
PRESENT: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: Atteberry, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there will no longer be a motion to adjourn to Tuesday, July 13,
2021.
• PUBLIC COMMENT
The public participation video was played.
George Winski opposed Item No. 5, Second Reading of Ordinance No. 082, 2021, Amending
Chapter 12 of the Code of the City of Fort Collins Regarding Smoking Materials, and stated vaping
and smoking are two very different things and vaping is a tool that can be used for individuals
attempting to break a smoking habit. He also opposed the 21-year-old age restriction.
City Attorney Daggett noted items on the Consent Agenda now need to be discussed at the end of
the agenda under Citizen Pulled items.
Rich Stave commented on the lack of drainage on Fossil Creek Trail under 287, thanked Fort
Collins Police for their work, noted there are no transit options for individuals who may want to
attend a Council meeting and questioned why bus service hours have decreased, and questioned
how Board and Commission agenda items are publicly accessible.
Rheba Massey expressed concern that free speech is being threatened in the country and in Fort
Collins. She expressed concern about the City’s new equity program and stated the City should
not fund a program that engages in the indoctrination of employees and citizens to a certain belief
system. She stated intersectionality is a form of division.
Amber Lane stated not everyone celebrates the 4th of July and commented on the wording of the
Pledge of Allegiance. She expressed concern about the possible development of the Hughes
Stadium property and stated the land should be returned to its original stewards.
Jason (no last name given) discussed the protests that take place outside the Planned Parenthood
facility. He stated he believes the protestors are violating the bubble law that creates a buffer
around health care facilities. He requested the City extend the buffer zone to 200 feet from 100
feet.
Glen Akins discussed recent trail maintenance on the Maxwell Trail and stated input from the
mountain bike community was ignored. He stated the improvements are not safe, sustainable, or
1.1
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July 6, 2021
City of Fort Collins Page 468
fun. He also stated feedback from the community should be sought regarding the rebuilding of
trails in the Bobcat Ridge area.
Nate (no last name given) asked a question about the video feed of the meeting.
J.D. (no last name given) expressed support for giving the Hughes Stadium property back to
indigenous peoples. He also discussed affirmative action.
Liz Buna expressed support for giving the Hughes Stadium property back to indigenous peoples.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro thanked Mr. Winski for his comments and requested input regarding
the sump pump failure along Fossil Creek Trail. City Manager Atteberry replied the pump did go
out during the holiday and the Trail section is currently barricaded. Staff is working to resolve the
situation as quickly as possible.
Councilmember Pignataro asked about transit hours. City Manager Atteberry noted Transfort will
be discussed at tomorrow’s Council Finance Committee meeting and discussed the challenges with
Transfort that have resulted from the pandemic. Caryn Champine, Planning, Development, and
Transportation Director, clarified Transfort is attempting to reintroduce Sunday and holiday
service; however, hiring has been challenging. She stated service will conclude by 8:00 PM for
the rest of the year given budget reductions. City Manager Atteberry encouraged citizens to apply
for bus operator positions.
Mayor Arndt requested assurance Boards and Commissions agendas are available for citizens.
City Manager Atteberry replied staff will share information in Council’s Thursday packet and will
reach out to Mr. Stave directly.
City Manager Atteberry stated the Diversity, Equity, Inclusivity Officer has been appointed and is
from Fort Collins. He stated there is no intention on the part of staff or the City to be divisive and
encouraged Ms. Massey to reach out if she has concerns.
Councilmember Peel stated she responded to Mr. Akins regarding the Maxwell Trail and asked if
staff has looked into the Planned Parenthood protest issue. City Attorney Daggett replied the
information from Mr. Akins is being reviewed by Code enforcement staff and likely will warrant
some particular evaluation in the sense that there may be violations of current state law. She stated
follow-up will be required to determine appropriate next steps. Police Chief Swoboda replied
Police have been monitoring the situation and noted no calls have been received from Planned
Parenthood itself. He stated work is being done to determine whether there is a need for a change
to existing regulations.
• CONSENT CALENDAR
Councilmember Ohlson withdrew Item No. 10, First Reading of Ordinance No. 072, 2021,
Amending Section 2-568 of the Code of the City of Fort Collins Relating to Ethical Rules of
Conduct for Quasi-Judicial Commission Members, from the Consent Agenda.
Amber Lane requested all items that do not benefit all, are not sustainable seven generations from
now, and where there has not been proper tribal nation consultations be removed from the agenda.
She suggested all Consent Agenda items may fall into these categories.
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July 6, 2021
City of Fort Collins Page 469
City Attorney Daggett noted Council’s rules of procedure require specific items to be pulled. She
stated a process has been created for Council to address bulk pulled items.
Mayor Arndt stated all Consent Agenda items will be removed to the Citizen Pulled section of the
agenda.
• COMMUNITY REPORT
A. West Nile Virus Update with Larimer County Health Director Tom Gonzales
Tom Gonzales, Larimer County Public Health Director, discussed the collaborative work to reduce
the risk of West Nile Virus while limiting adverse human health and environmental impacts. He
stated West Nile has been in Larimer County since 2003 and he reviewed the history of how the
virus has been addressed. He stated the current approach is multi-angled and stated adulticiding
is the last desired step.
Erika Cathey, Larimer County Public Health, discussed the five-year trends related to West Nile
and noted it can only be transferred to humans through the bite of an infected mosquito. She stated
only three cases were reported in 2020 and stated 80% of West Nile cases cause no symptoms;
therefore, only the most severe cases are typically reported. She discussed the vector index which
helps to look at mosquito abundance and infection rates through trapping data. She outlined the
process that occurs when spraying is indicated based on the data and discussed the predicted
conditions for the upcoming summer.
Matt Parker from the City Natural Areas Department discussed the threshold numbers for adult
insecticide application.
Councilmember Pignataro asked about the role of weather events and climate change related
weather events on West Nile. Parker replied overnight lows went low enough early enough to
slow the mosquito breeding cycle last season. He stated overnight lows are increasing at a faster
rate than daytime highs are increasing, which indicates a longer West Nile Virus, or any mosquito-
borne disease, season. He stated drainage of standing water after a rain event is critical as is
avoiding being outdoors between dusk and dawn, wearing long sleeves and long pants, and
utilizing EPA-approved mosquito repellents.
Mayor Arndt commended the approach by the County and City.
Councilmember Gutowsky asked if spraying will occur this year. Parker replied data is being
collected and discussed on a weekly basis and to this point, the vector index has yet to show a
need; however, if spraying in a certain sector is found to be necessary based on data collected on
a Monday, public outreach occurs and the goal is to spray that Thursday and Sunday evenings.
Councilmember Gutowsky requested information regarding spraying being detrimental to
pollinators. Parker replied that is always a risk and explained the goal of reducing the rate of
insecticide down to a level that would not be processed by a mosquito, but that could be processed
by larger pollinators. Additionally, the timing of spraying is done in the evening so as to attempt
to avoid active times of other pollinators.
• COUNCILMEMBER REPORTS
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Councilmember Canonico reported on attending the balloon launch on July 4th at Twin Silo Park
and on attending the Art in Public Places Board meeting.
Councilmember Gutowsky reported on the recent Child Safe fundraiser and the State of the
Chamber event held by the Chamber of Commerce.
Councilmember Peel reported on a police ride along and visit to the 911 call center. She announced
a listening session on July 24th at 10:00 AM. She reported on a meeting with the Midtown Business
Association.
Mayor Arndt reported on the Firecracker 5K race.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
1. 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.
(Adopted on First Reading)
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.
Councilmember Ohlson opposed the section of the item that would allow a Boardmember who has
declared a conflict of interest to appeal and request a waiver, per section C. He recommended
eliminating Section 3(C) from Ordinance No. 072, 2021.
City Attorney commented on Section 2 of the Ordinance being present to help implement the new
language provided in Section 3. She stated Council specifically added the waiver section several
years ago and removing the language from the Ordinance would not accomplish eliminating the
variance process.
Councilmember Ohlson suggested the possibility of postponing consideration of the item for
additional language work.
Rich Stave stated all people are subject to bias and stated citizens should expect Boardmembers to
refrain from engaging in unethical behavior. He agreed with Councilmember Ohlson’s
perspective.
Steve Yurash agreed with Councilmember Ohlson’s perspective and supported the removal of the
section.
Amber Lane commented on the importance of ensuring individuals with conflicts of interest step
aside when making decisions for the benefit of all.
Mayor Pro Tem Gorgol stated this item would strengthen rules of conduct for Commission
members and ensure conflicts of interest are not affecting decision -makers. She stated
Councilmember Ohlson’s concerns are with old language related to allowing variances. She asked
why the variance language was included several years ago. City Attorney Daggett concurred this
Ordinance adds an additional restriction to make it clear that quasi-judicial Commisison members
cannot participate in public dialogue on a project and then serve on the body that is making a
decision on the project. She clarified there are some corresponding changes made to the prior
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section in order to integrate the new language into the current Code. She stated the variance
language that is currently in the Code was developed by the Ethics Review Board and was included
in the Code by a vote of Council. She stated one variance has occurred; however, that Board
member did not participate in the decision made by the Board.
Mayor Pro Tem Gorgol stated she is comfortable moving forward with this item as it st rengthens
the conflict of interest regulations. She suggested the variance provision could be discussed under
Other Business if so desired.
Mayor Arndt clarified any variance would need to be approved by the entire Council.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 072, 2021, on First Reading.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
RESULT: ORDINANCE NO. 072, 2021 ADOPTED ON FIRST READING [5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel
NAYS: Ohlson, Gutowsky
• DISCUSSION ITEMS
2. Second Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for a Municipal
Immigration Legal Fund Pilot Program. (Adopted as Amended on Second R)
Changes to this Ordinance on second reading include: 1) clearly identifying the Immigration Legal
Fund as a “Pilot Program” throughout; 2) recognizing the economic and family impacts of immigration
proceeding on the Fort Collins’ community; and 3) specifying metrics to be reported to Council on a
quarterly basis.
This Ordinance, adopted on First Reading on June 15, 2021, appropriates $250,000 in General Fund
Reserves to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation
would create a Pilot Program to fund local access to legal services to assist Fort Collins residents in
the complex legal proceedings required to seek citizenship or to forma lly establish lawful presence. In
recognition of the impacts on children and the financial contributions made by the Fort Collins’
immigrant community, grant funds would be awarded to legal service providers based on a competitive
process and would be dedicated to providing defense and legal support for Fort Collins residents:
• at risk of deportation;
• children seeking Special Immigrant Juvenile Status;
• seeking pathways to citizenship and lawful presence (also known as Affirmative Cases);
and additionally, to pay for program administration, education, and outreach. The Council Finance
Committee reviewed this appropriation request at its April 19, 2021, and May 24, 2021, meetings.
Specific metrics including number of clients served, case outcomes, num ber of Fort Collins’ children
impacted, number of days spent in deportation proceedings, and income range of clients will be
reported back to Council quarterly once the Pilot Program is initiated.
Caryn Champine, Director of Planning, Development, and Transportation, summarized changes
made to the Ordinance since First Reading, including creating clear and consistent language
relating to this as a pilot program, including an eligibility residency requirement beginning June
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2020, adding three whereas statements relating to benefits to the City, Fort Collins residents, and
American citizens, and adding a commitment to quarterly reporting.
Steve Yurash opposed the formation of an immigration legal services fund stating it will lead to
additional illegal immigration.
Glen Colton opposed the formation of an immigration legal services fund stating it will lead to
additional illegal immigration.
Patricia Miller stated the City publicly funds non-profits that help low-income residents with many
types of civil legal matters, yet immigration civil matters have been excluded. She supported the
formation of an immigration legal services fund.
Dick DeCook stated Councilmembers are elected by the citizens and stated the formation of a legal
services fund to defend illegal immigrants who have broken U.S. law is opposed by a large
majority of citizens.
(Indecipherable first name) Gonzales supported the formation of an immigration legal services
fund.
Oliver Richardson opposed the formation of an immigration legal services fund stating
government funds should not be used to defend illegal immigrants.
Jenny (no last name given) supported the formation of an immigration legal services fund.
Adriana Quintero supported the formation of an immigration legal services fund.
Kristin (no last name given) stated having access to low-cost legal representation is important for
family unity and stability.
Marta (indecipherable last name) supported the formation of an immigration legal services fund.
(Indecipherable name) supported the formation of an immigration legal services fund.
(Indecipherable name) supported the formation of an immigration legal services fund.
Milena Vivas discussed her journey to becoming an American citizen and expressed support for
the formation of an immigration legal services fund.
Rory King supported the formation of the immigration legal services fund without the one year
residency stipulation.
Ed Haynes questioned whether any state or local civil law breakers qualify for the use of this fund
and opposed the formation of an immigration legal services fund.
Kristin Heightner supported the formation of the immigration legal services fund without the one
year residency stipulation. She stated it would be an important step toward the City’s stated
commitment to equity and inclusion, leading with race.
George Winski opposed the formation of an immigration legal services fund.
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Cain (no last name given) opposed the formation of an immigration legal services fund stating it
would make Fort Collins a sanctuary city.
Peter O’Neill stated immigration is not a matter for local city government and opposed the
formation of an immigration legal services fund. He encouraged citizens to boycott Connexion
until this ordinance is withdrawn.
Tom Rhodes expressed support for the formation of an immigration legal services fund and
discussed his organization’s work in providing aid.
Tom Drean questioned why this is not going through a normal budget process to be compared to
other community needs. He opposed the formation of an immigration legal services fund stating
it prioritizes one group over others. He suggested this item should go before voters.
Jim Martin stated need should be addressed in considering the formation of this fund and opposed
the formation of an immigration legal services fund.
John Woram opposed the formation of an immigration legal services fund and questioned why it
was not part of a regular budget cycle. He claimed Mayor Pro Tem Gorgol and Councilmember
Canonico have conflicts of interest.
Rutilio Martinez commented on land being taken from Native Americans and stated immigrants
are in the United States and hired because of the need for cheap labor. He supported the formation
of an immigration legal services fund.
Reverend Dana Lightsay supported the formation of an immigration legal services fund.
Amy Hoeven supported the formation of an immigration legal services fund.
Lisa Duran, Colorado Immigrant Rights Coalition, supported the formation of an immigration
legal services fund. She noted undocumented immigrants also pay taxes and will therefore
contribute to this fund.
Tom Nichel questioned what gives Council the authority to use tax dollars for legal defense of law
breakers.
Terry Francl opposed the formation of an immigration legal services fund.
Gayla Martinez supported the formation of an immigration legal services fund. She stated it would
be an investment for the entire community.
Wendy Lemke opposed the formation of an immigration legal services fund.
Debbie Hayhow supported the formation of an immigration legal services fund.
Lynn Jacquart opposed the formation of an immigration legal services fund.
Kristi Smiley opposed the formation of an immigration legal services fund noting it was not part
of a regular budget cycle. She stated the topic should be placed on a ballot before voters.
Carl Glaser opposed the formation of an immigration legal services fund and stated an affirmative
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vote would result in a violation of the Constitution and City Charter.
Yvonne Piaz opposed the formation of an immigration legal services fund. She stated immigration
laws should be changed if needed rather than ignored.
(No name given) stated this issue should go to a vote of the citizens. He opposed the formation of
an immigration legal services fund.
(No name given) questioned whether this is the stewardship of the city of Fort Collins and
questioned whether the need is great enough to justify the use of reserves.
Shayne Weber supported the formation of an immigration legal services fund.
Josh Stallings supported the formation of an immigration legal services fund without the one year
residency stipulation.
Colin (no last name given) supported the formation of an immigration legal services fund noting
undocumented immigrants also pay taxes.
Jim Winebrener opposed the formation of an immigration legal services fund stating it would use
taxpayer money to promote the undesirable behavior of illegal immigration. He suggested the
item should be placed on a ballot for voters.
Alyssa Esposito supported the formation of an immigration legal services fund.
Rich Stave questioned why Fort Collins is taking on an international issue on which the federal
government should be the authority. He questioned whether this item falls within the purview of
local government.
Kitty Drean questioned how the evaluation will occur and asked what type of needs assessment
was done, who did it, and how many people would potentially apply for these funds.
Cami Larson thanked Councilmembers Gutowsky, Ohlson, and Peel for hearing the concerns of
the community and being willing to offer a compromise. She questioned why this was not part of
a regular budget cycle.
Keilly Leon supported the formation of an immigration legal services fund.
Lisa Maclean thanked Councilmembers Gutowsky, Ohlson, and Peel for opposing this ordinance
on first reading as it did not go through a normal budget or grant process.
Raquel (no last name given) supported the formation of an immigration legal services fund and
opposed the use of the word ‘illegal’ stating no human is illegal.
Rita Massey expressed support for the amendments that were proposed during the last meeting.
(No name given) stated this fund is the equivalent of being taxed without representation and stated
it should be placed on a ballot.
Shaleen Morales expressed support for the formation of an immigration legal services fund.
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Caleb Larson thanked Councilmembers Gutowsky, Ohlson, and Peel for opposing this ordinance
on first reading and stated it should be placed on a ballot.
Kiera Vaughan stated immigrants are important to the community; however, she opposed using
tax dollars on this fund.
Mary Kay Morrison questioned whether an income limit could be considered.
Mayor Arndt thanked the speakers for their kind and thoughtful comments.
Judy Pappenfusse stated more speakers have been opposed to the formation of an immigration
legal services fund and questioned how many emails were received on each side of the issue. She
stated the elected representatives are not voting with their constituents.
Emily Gallishote supported the formation of an immigration legal services fund without the one
year residency requirement.
Kevin Corasso opposed the formation of an immigration legal services fund.
Raiza Moore supported the formation of an immigration legal services fund.
Joy Athanasiou supported the formation of an immigration legal services fund.
Miriam Ortiz supported the formation of an immigration legal services fund.
Amber Lane commented on the value of immigrants to the community and suggested consideration
of this item be tabled to ensure it meets the law of treaties.
Dotty Greeley opposed the use of taxpayer dollars to fund an immigration legal services fund. She
stated this item should be placed on a ballot.
Ryan (no last name given) supported the formation of an immigration legal services fund.
Sarah Grace Haven supported the formation of an immigration legal services fund.
Erin Hottenstein supported the formation of an immigration legal services fund.
Gary (no last name given) stated the City Charter does not provide Council the authority to adopt
an ordinance or other provision for funding legal services for immigrants, particularly those who
may not be citizens of Fort Collins or the United States.
Councilmember Gutowsky asked who will administer this program. Champine replied a City
department would take the lead on organizing and implementing the selection process for the grant
and review applications for a service provider who, once selected, would then use the funds for
providing services to the immigrant community if the appropriation is approved.
Councilmember Gutowsky asked if the funds would go to non-profits or attorneys. Champine
replied staff has learned that service providers who work in the immigration space, particularly in
northern Colorado, are not currently providing legal services or guidance. She outlined
possibilities for organizations which may apply to administer the funds.
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Councilmember Gutowksy asked where the dollars will go once a service provider is selected.
Champine replied they could go to a non-profit organization that is a service provider in this realm.
Mayor Arndt requested information regarding the inclusion of an income qualifier given recent
developments at the state level. City Attorney Daggett replied the general assembly enacted, and
the governor signed, a bill that created a state-funded immigration legal fund and a bill that
addresses current language in state law that requires proof of lawful presence to be collected in
connection with local government distribution of public benefits. She stated staff has been
examining what characteristics this program can have that will prevent it from triggering the
requirement for affidavits of lawful presence. She stated it is not clear that the absence of an
income requirement will have a significant impact on who would be accessing the program.
Mayor Pro Tem Gorgol requested input regarding the inclusion of an age qualifier or residency
requirements. Champine replied many programs have residency requirements; however, there can
be issues with timeframes for specific types of legal cases, such as asylum seekers.
Mayor Pro Tem Gorgol asked what age is considered to be a juvenile. JC Ward, Social
Sustainability, replied it varies based on the type of court case.
Mayor Pro Tem Gorgol asked if metrics will be kept on how many people were not able to be
assisted due to the one-year residency requirement. Ward replied that may be a difficult statistic
to track given ineligible parties may not seek assistance.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 064, 2021, on Second Reading, as amended to include an age requirement of 21 or
older for the one-year residency and decreasing funding from $250,000 to $150,000.
Mayor Pro Tem Gorgol stated her amendment will keep additional barriers from arising for cases
involving children and noted the pilot program will be evaluated in 18 months at the time of the
normal budget cycle.
Mayor Arndt requested an amendment to include proof of residency in Fort Collins. Mayor Pro
Tem Gorgol and Councilmember Pignataro accepted the amendment as friendly.
Councilmember Peel thanked Mayor Pro Tem Gorgol for her amendment but expressed concern
about the divisiveness caused by this item to both the community and Council. She also expressed
concern about the item creating hard feelings toward the community’s immigrant population. She
suggested Council should place this item on a future ballot and expressed concern its passage will
decrease trust in the city’s government.
Councilmember Pignataro thanked Councilmember Peel for her comments and noted there will be
many items on which Council will not agree in the future given the diversity of the community.
She thanked staff for their work on this item and stated there is a need for this program based on
data and facts. She noted the grant recipient will be providing the following: the number of clients
served, the outcome of cases, the type of cases, client family data, client country of origin, client
ethnicity, client zip code, clients’ duration in Fort Collins and the United States, whether bond or
release was granted, cost of bond, income range of the client, and the number of days the client
has been in detention.
Mayor Pro Tem Gorgol stated she would support this item as immigrants are contributing
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community members and part of the social fabric. She stated everyone deserves a right to due
process, and that is not occurring for immigrants right now.
Councilmember Canonico thanked the citizens who spoke and noted the community has decided
that equity, inclusion, and leading with race are important. She stated this item is a matter of equity
and she will support it. She stated the decrease in funding is in line with what other communities
have done.
Councilmember Ohlson asked if the $150,000 is for the entire 18-month pilot program. Mayor
Pro Tem Gorgol replied in the affirmative. City Attorney Daggett agreed and clarified Council
always has the option to include additional funding.
Councilmember Gutowsky stated she would like staff to be directed to actively seek additional
resources to supplement the $150,000.
Mayor Arndt noted placing that burden on staff would require the commitment of additional City
resources.
Councilmember Pignataro noted this is a pass -through program and requested some additional
clarification. Ward replied other municipal immigration legal funds have not seen a high level of
success in soliciting donors for matching funds and the residency requirement will make the
program ineligible for some of the larger grants. She stated as a pass-through grant, funds would
be able to be solicited from other sources and divided among services providers based on requests
for proposal. She did note that would require staff time.
Councilmember Pignataro asked about the grant amounts for which this program would not be
eligible given the residency requirement. Ward replied there are various federal programs with
varying amounts that require universal representation.
Mayor Arndt commented on the importance of ensuring this is a pilot at this point and stated she
would like the burden of seeking additional funds being placed on the service provider.
Councilmember Ohlson encouraged using City Give to garner additional private funds and stated
that would not add much staff time.
City Attorney Daggett suggested the following ordinance language: “Council encourages the City
Manager to investigate and pursue funding sources to supplement the City funding appropriated
in this ordinance for use during the pilot program and potentially to fund ongoing services.”
Mayor Arndt stated that would be appropriate language after the pilot and stated she would like
this to be a pass-through program as written.
Nina Bodenhamer, City Give Director, clarified City Give donations assure fiscal accountability
and could be a good option as an addition to the pilot.
Councilmember Gutowsky noted the residency requirement and decrease in funding were
amendments she had previously requested. She stated a good pilot has a limited scope, a specific
demographic, and data-driven regular updates with specific expectations for success, and this pilot
has that.
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Councilmember Peel stated she would not support the motion as she does not believe the city
government is responsible in this arena.
Councilmember Gutowsky agreed it is not the job of the city government to facilitate programs;
however, she does believe it is the job of the city government to be the spark that ignites programs.
RESULT: ORDINANCE NO. 064, 2021 ADOPTED AS AMENDED ON SECOND READING
[5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Gutowsky
NAYS: Peel, Ohlson
Motion to Suspend the Rules to Continue the Meeting 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 P.M. Yeas: Pignataro, Gorgol, Arndt, Canonico and
Gutowsky. Nays: Peel and Ohlson.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: MOTION ADOPTED [5 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Gutowsky
NAYS: Peel, Ohlson
3. First Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort
Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the
Income-Qualified Assistance Program. (Adopted on First Reading)
The purpose of this item is to consider a Code amendment to extend the Income-Qualified Assistance
Program (IQAP) pilot rate an additional year (through 2022) and align it with the Fort Collins Utilities’
rate ordinances that are considered in the fall. Additionally, this item considers Code amendments that
would make administrative modifications to the program’s enrollment process.
Brian Tholl, Utilities Energy Services Supervisor, stated staff will be providing an update on the
utility affordability portfolio and the income-qualified assistance program pilot (IQAP), which will
expire at the end of July if no action is taken. He discussed payment options and services provided
by the portfolio of affordability programs.
Jamie Gaskill, Utilities Affordability Program Manager, outlined the program’s alignment with
strategic objectives and Our Climate Future. She discussed the public outreach and engagement
aspects of the program and outlined the evaluation surveys and billing analysis. She discussed the
program participation numbers and stated customers are saving about $200 per year on utility bills.
She stated the two items for consideration with this ordinance are whether the IQAP rate pilot
should be extended another year and aligned with the utilities rate ordinance that typically goes
before Council in the fall, and whether IQAP should be made an auto-enroll or opt out program
instead of an application based or opt-in program. She discussed the pros of an auto-enroll
program.
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Councilmember Peel asked why the enrollment in the program was lower than originally projected.
Gaskill replied there are not as many people on LEAP in the community as originally projected
and a second application is required which may prevent people from applying.
Councilmember Peel asked if an auto enroll program is a best practice. Gaskill replied it is
considered a best practice as a more customer-focused program design. She noted there is also an
option for customers to opt out and any qualifying customer would have already gone through the
application process for LEAP.
Councilmember Peel asked if auto enrolling customers could potentially inadvertently affect any
other benefits they are receiving. Gaskill replied she was not aware of an auto enrollment in IQAP
having any affects on other benefits.
George Winski commented on the pilot lasting four years.
Mayor Pro Tem Gorgol noted the Council Finance Committee had discussions about wanting to
make this a permanent program and the additional year will help provide data. Gaskill replied
staff is seeking data on whether there is a benefit of the program to all ratepayers.
Mayor Pro Tem Gorgol agreed auto enroll is a best practice and thanked staff for their work.
Councilmember Pignataro discussed the length of the pilot noting a shorter term would not have
proven the long-term viability of the program given the seasonality of utilities.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 091, 2021, on First Reading.
Councilmember Peel made a motion to amend by eliminating the auto enrollment piece. The
motion died for lack of a second.
RESULT: ORDINANCE NO. 091 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
4. Resolution 2021-074 Expressing Council's Intent and Direction Regarding Remote Work
Sessions. (Adopted)
The purpose of this item is to adopt a Resolution expressing Council’s intent and direction regarding
remote work sessions. This Resolution sets a consistent expectation for the format of Council work
sessions; Alternative 1 makes remote participation the default format while Alternative 2 makes in -
person participation the default.
Rich Stave stated he would like to see remote options available for meetings as it provides more
flexibility for citizens to attend.
Councilmember Ohlson asked if this item only addresses Council work sessions and not Boards
and Commissions meetings. He noted citizens do not have the opportunity to comment at work
sessions and expressed support for the default to be in-person. He discussed the benefits of face-
to-face meetings.
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Councilmember Pignataro asked when other meeting types will be addressed. City Attorney
Daggett replied there are carryover provisions that are still in effect and they focus more on remote
participation by Councilmembers rather than the public.
Councilmember Pignataro expressed appreciation for Councilmember Ohlson’s perspective;
however, she expressed support for alternative 1 as it provides more opportunity for participation
by staff and citizens.
Mayor Arndt requested an explanation of the differences between the alternatives. City Attorney
replied alternative 1 provides that the default will be that work sessions are held remotely;
however, the City Manager, when circumstances suggest that an in-person work session would be
desirable, can notify Council a week in advance that the meeting will occur in person. Alternative
2 provides that the default will be an in-person work session and the City Manager can notify
Council that the work session will be conducted remotely if circumstances suggest that is a better
option.
Mayor Arndt asked about the expenses and planning associated with opening City Hall and
providing security. City Manager Atteberry replied there will be costs associated though he did
not have exact numbers.
Councilmember Ohlson opposed using COVID as a reason for holding remote meetings at this
point. He stated in-person work sessions have worked well for many years without police
protection. He supported the ability of staff members or Councilmembers to occasionally
participate remotely. He stated governing is not meant to be convenient.
Mayor Arndt stated she does not see a big distinction between the alternatives as remote
participation is an option either way.
Councilmember Ohlson stated any cost associated with in-person meetings would be miniscule.
City Manager Atteberry stated there are no material cost implications with in-person work
sessions.
Mayor Pro Tem Gorgol stated she does not believe this is being done under the guise of COVID
and the remote options developed during the pandemic provide flexibility moving forward.
Councilmembers discussed moving forward with a hybrid meeting option. City Attorney Daggett
discussed the benefits of having a de facto plan using one of the existing alternatives and stated
she is unsure how to phrase a hybrid option as either alternative allows remote participation.
Tyler Marr commented on the default assumption of the meeting format being valuable for FCTV.
Councilmember Pignataro asked if there is a preference among staff. City Manager Atteberry
replied there is a general preference for having a remote participation option. He suggested moving
forward with alternative 2 but noted the set up does take some time and if there are consistently
few Councilmembers participating in person, there may be some need to readjust.
Mayor Arndt stated she would like to ensure staff members understand the remote option is
acceptable. City Manager Atteberry stated he would ensure that occurs.
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Mayor Pro Tem Gorgol asked if each Councilmember would be expected to inform staff of their
plans each work session week. City Attorney Daggett replied members could inform Council of
plans ‘for the foreseeable future.’
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Resolution 2021-074 with alternative 2.
Mayor Arndt reiterated it is completely acceptable for all staff members to attend remotely if they
so choose.
Councilmember Pignataro suggested this be reevaluated in six months. City Attorney Daggett
replied it could be included in the six-month planning calendar rather than in the resolution itself.
RESULT: RESOLUTION 2021-074 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
Motion to Suspend the Rules to Continue the Meeting Past Midnight.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to suspend the
rules to continue the meeting past midnight.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Pete Canlin, American Kratom Association Executive Director, discussed Item No. 5, Second
Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of Fort Collins
Regarding Smoking Materials, and referenced the safe use of kratom for centuries. He stated his
organization objects to the characterization of kratom as a smokable material.
Ron Weinberg stated members of the public with concerns about the Consent Agenda have already
left the meeting and questioned whether Council should continue without hearing those concerns.
Councilmember Pignataro withdrew Item No. 5, Second Reading of Ordinance No. 082, 2021,
Amending Chapter 12 of the Code of the City of Fort Collins Regarding Smoking Materials, from
consideration under the Consent Agenda.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt and
approve all items not withdrawn from the Consent Agenda.
Councilmember Pignataro commented on the importance of addressing Ms. Lane’s concerns and
stated part of the new equity office will be determining how to move forward with governing while
still addressing those concerns.
5. Consideration and Approval of the Minutes of the June 1, 2021 Regular meeting. (Adopted)
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The purpose of this item is to approve the minutes of the June 1, 2021 Regular meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
6. Second Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion
of the City's American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response
to and Recovery From the COVID-19 Pandemic. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates $4,217,846
(equivalent to fifteen percent) of the funds the City will receive from the American Rescue Plan Act’s
Coronavirus State and Local Fiscal Recovery Fund (“ARPA”). T he appropriated amount will be used
to address immediate and short-term needs in response to the COVID-19 public health emergency
and its negative impact to our community’s health, social well-being and economy.
RESULT: ORDINANCE NO. 079 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
7. Second Reading of Ordinance No. 080, 2021, Making Supplemental Appropriations for the
Restorative Justice Services Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, appropriates grant revenue
to fund Restorative Justice Services within Community Development and Neighborhood Services. The
City has received a grant in the amount of $67,612 from the Colorado Division of Criminal Justice
Juvenile Division fund for the continued operation of Restorative Justice Services, which includes the
RESTORE program for shoplifting offenses, the Restorative Justice Conferencing Program (RJCP),
and Reflect Program for all other offenses. No match is required. The grant period is July 1, 2021, to
June 30, 2022.
RESULT: ORDINANCE NO. 080 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
8. Second Reading of Ordinance No. 081, 2021, Amending Section 2-34 of the Code of the City of
Fort Collins to Designate the City’s Website as the Proper Place for Posting of City Council
Meeting Notices and Agendas. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends City Code to
designate the proper place for the posting of all public notices and agenda materials related to Council
meetings and committees as the City’s website at fcgov.com.
RESULT: ORDINANCE NO. 081 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
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9. Second Reading of Ordinance No. 082, 2021, Amending Chapter 12 of the Code of the City of
Fort Collins Regarding Smoking Materials. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, amends Chapter 12 of the
City Code to reflect adopted State of Colorado House Bill (HB) actions which equate “vaping” with
“smoking” and change age restrictions on selling smokable products from 18 years old to 21. It would
also add a local definition of “smoking material” to clearly define what products cannot be sold to
persons under 21 years of age for purposes of smoking or vaping.
Councilmember Pignataro stated she would be voting against this item which is why she pulled it.
Mayor Pro Tem Gorgol noted the age being raised to 21 is a federal regulation.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 082, 2021, on Second Reading.
RESULT: ORDINANCE NO. 082 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Emily Gorgol, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
NAYS: Pignataro
10. Second Reading of Ordinance No. 083, 2021, Authorizing the Conveyance of a Wastewater
Easement on Larimer County Landfill Property to Larimer County. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, conveys a wastewater
easement to Larimer County on the Larimer County Landfill property, which is co -owned by Larimer
County (25%); the City of Loveland (25%); and the City of Fort Collins (50%). The easement is
necessary for the construction of the future Larimer County Behavioral Health Facility on County -
owned property directly to the south of the landfill. Approval by all three municipalities is required for
the conveyance of the easement, because all three have an ownership interest in the property.
RESULT: ORDINANCE NO. 083 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
11. Second Reading of Ordinance No. 084, 2021, Amending Chapter 24 of the Code of the City of
Fort Collins to Adopt the Updated 2021 Larimer County Urban Area Street Standards by
Reference. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on June 15, 2021, adopts an updated 2021
version of the Larimer County Urban Area Street Standards (2021 LCUASS). These updates occur on
a periodic basis. LCUASS guides the design of both private developments and public engineering
capital projects within the City and in the growth management areas of the Cities of Fort Collins and
Loveland. The LCUASS are also referenced and used as part of other local jurisdictions road
standards. LCUASS was originally adopted on January 2, 2001, by Ordinance No. 186, 2000.
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RESULT: ORDINANCE NO. 084 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
12. 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. (Adopted on First Reading)
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.
RESULT: ORDINANCE NO. 085 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
13. 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. (Adopted on First Reading)
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.
RESULT: ORDINANCE NO. 086 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
14. 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. (Adopted on First Reading)
The purpose of this item is to provide Council with an opportunity to decide whether certain fina l
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.
RESULT: ORDINANCE NO. 087 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
15. Items Relating to the Northeast Frontage Road Annexation. (Adopted)
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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.
RESULT: RESOLUTION 2021-071 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
RESULT: ORDINANCE NO. 088 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
16. 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 Co ntext Area Map.
(Adopted on First Reading)
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.
RESULT: ORDINANCE NO. 089 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
17. 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. (Adopted on First Reading)
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.
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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.
RESULT: ORDINANCE NO. 090 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
18. Resolution 2021-072 Approving the 2021 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment
from the 2021 property taxes payable in 2022 to the City and to all other affected taxing entities.
RESULT: RESOLUTION 2021-072 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
19. Resolution 2021-073 Approving the Appointment of Tammi Pusheck as Interim City Clerk
Effective as of June 28, 2021. (Adopted)
The purpose of this item is to appoint Tammi Pusheck as Interim City Clerk following the resignation
of City Clerk Delynn Coldiron.
RESULT: RESOLUTION 2021-073 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
• OTHER BUSINESS
A. Consideration of a motion to reschedule the August 3 Regular meeting to 6:00 p.m. on August 4, 2021 :
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, pursuant to City
Code Section 2-28 (a), that the August 3, 2021, Regular Council meeting be moved to Wednesday,
August 4, 2021, so that Councilmembers may participate in the annual “Neighborhood Night Out”
community activities that are scheduled for the evening of August 3.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky
B. Consideration of a motion to cancel the August 17 Regular meeting:
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, pursuant to City
Code Section 2-28 (a), that the August 17, 2021, Regular Council meeting be cancelled.
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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
• ADJOURNMENT
The meeting adjourned at 12:36 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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July 20, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
Acting City Manager Kelly DiMartino stated the title of Item No. 9, First Reading of Ordinance
No. 093, 2021, Appropriating Unanticipated Philanthropic Revenue Received by City Give for the
Art in Public Places Program, Pianos About Town Project, was revised, and an item considering
adjourning to July 26 at 3:00 PM to consider Executive Sessions has been added. She reviewed
the public participation options.
• PUBLIC COMMENT
Ed Beuan, Larimer Alliance for Health, Safety, and the Environment, discussed the state priority
to protect public health, safety, and the environment to permit oil and gas projects. He noted the
Alliance has provided feedback to the County regarding concerns it has with the proposed oil and
gas regulations being considered by the Commissioners. He stated Fort Collins should enact
protections on its natural areas holdings.
Mary Alice Grant requested Council provide the community with an update on the progress that
has been made regarding the City’s attempt to purchase the Hughes Stadium property. She
requested staff address rumors that have been circulating regarding the efforts of CSU and the
City.
Sammy Davison commented on the lack of trail opportunities for female mountain bikers in Fort
Collins. She also commented on safety concerns related to traveling in bike lanes.
Logan Von Bokel discussed the need for additional mixed-use and soft surface trails in the city.
He discussed the need for creating trails that connect the city to outlying foothills trails.
Gianna Defazio discussed the dangerous routes for bikes from the city to foothills trails. She also
commented on the lack of new trails being built and existing crowded trail conditions.
Jessy Lloyd discussed the importance of a balanced approach to conservation and recreation within
the urban wildland interface. She opposed the changes made to the Maxwell Trail.
Mike Woodard discussed the need for new natural surface single-track trails for mountain bikes.
Anna Kelso discussed the bicycling opportunities in Fort Collins and stated there is untapped
potential for trail development. She requested the City employ a dedicated outdoor recreation and
trails manager and requested an examination of whether Natural Areas is the appropriate
department to handle trails decisions.
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Johnny Daggett commented on the money a bike park or other mountain bike infrastructure would
bring into the community.
Max Abernathy commented on the lack of a safe route to foothills trails, particularly for younger
riders.
Cade Shortridge discussed the need for safe routes to foothills trails.
Tristan West discussed the need for safe routes to foothills trails.
Andy Clark discussed the need for additional mountain bike trails. He stated the Maxwell Trail is
now dangerous with its new design given speed differentials that lead to conflict.
Eric Sutherland commended the work done on the Maxwell Trail and stated he would like to see
other improvement to ensure the widest variety of users can enjoy the experience. He stated City
Manager Atteberry has been dishonest in his assessment of Connexion and stated the program has
not been successful. He stated a citizen’s advisory panel should be convened to advise Council
which is incompetent in dealing with this matter.
Amber Lane commented on the Hughes Stadium property stating the land was given to CSU from
the federal government for the purposes of agricultural use and stated any issue concerning land,
air, water, wildlife, and Indigenous ways need to involve consultations with Indigenous people.
She announced a gathering at the Hughes Stadium property on Saturday.
Christina Eala discussed her family history as a Lakota and expressed concern about the lack of
diversity in Fort Collins. She requested the City take the action necessary to return the Hughes
Stadium land to its original stewards, Native Americans. She requested the City make its default
to seek and obtain free, prior, and informed consent.
Kevin Krause requested the City thoughtfully organize around citizens’ outdoor recreation
expectations. He requested specific plans for outdoor recreation be formed based on modern usage
patterns and population growth. He suggested an outdoor recreation board that spans departments
and directly involves citizen groups be formed.
Glen Akins suggested a focus on communication, collaboration, and leadership moving forward
with trail development and improvements. He stated there should be more volunteer opportunities
available for citizens to help with trail construction and maintenance.
Rory Heath thanked the speakers who spoke on behalf of recreation and encouraged citizens to
reach out to PATHS. He commented on the impending expiring lease for the Aggie Greens disc
golf course.
Kate Rout commented on the high demand for a variety of multi-use recreational trails in Fort
Collins and encouraged the City to apply the results of studies to the best of its ability.
Isabel Durvis commended the existing trail opportunities and commented on safety concerns with
riding from town to the foothills trails. She discussed the importance of access to outdoor
recreation for mental health.
Elisa Tovina commented on the polarizing effect of the debate over the Hughes Stadium property
and encouraged the City, in its negotiations with CSU, to point out other options for locating
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affordable student and staff housing around the city and to return the open space at the Hughes site
to the stewardship of the original first nations in the region.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson discussed his history in working to protect open space and natural areas
in Fort Collins and Larimer County and discussed the ballot measures passed by citizens to protect
those lands and their habitats and to allow for appropriate recreation. He noted the tax measures
were not parks or recreation taxes; however, he expressed his willingness to work with citizens to
acquire more lands or funds for recreation opportunities and to work on connectivity if habitat is
not being disrupted. He stated growth has created this issue and the solution is to acquire new
property that will allow for more trails rather than placing more trails on existing land.
Councilmember Canonico thanked the citizens who spoke and concurred with the safety issues
mentioned.
Mayor Pro Tem Gorgol thanked the speakers and concurred with safety and crowding issues. She
suggested there is an opportunity to work with the County as it is responsible for many of the
roadways and trails mentioned. She asked if the conflicts between bikers and hikers are being
monitored given the Maxwell Trail has been made easier and therefore bikers can go faster. Zoe
Shark, Interim Natural Areas Director, replied the Maxwell Trail is being monitored and there
have been no direct reports of accidents; however, she requested citizens report any incidents.
Mayor Pro Tem Gorgol asked if there is someone on staff who focuses specifically on recreation.
Shark replied there is a Human Dimensions in Natural Resources Planner, Heidi Wagner, who
helps plan for visitor use.
Councilmember Ohlson commented on the City’s trail placement plan and requested additional
detail from staff. Shark discussed the impact decision-making framework that involves a series of
21 questions, many of which are ecologically based. She stated staff reviewed a second parallel
trail at Maxwell and decided against it due to ecological impacts and also decided against three or
four alignments from Pineridge to Centennial Road for various reasons.
Councilmember Ohlson stated it is his belief the City and CSU are making good faith efforts to
resolve the Hughes Stadium property issue per the will of the voters.
Mayor Arndt commended the speakers and echoed Councilmember Ohlson’s comments about the
Hughes property.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• CONSENT CALENDAR
Councilmember Gutowsky withdrew Item No. 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, from the Consent Agenda.
Councilmember Canonico withdrew Item No. 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, from the
Consent Agenda.
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Amber Lane withdrew all remaining items from the Consent Agenda that are not valuable to all,
sustainable seven generations into the future, and that do not contain proof of consultation with
tribal nations.
Mayor Pro Tem Gorgol suggested suspending the rules to consider the citizen-pulled Consent
Agenda items prior to the Discussion Agenda. City Attorney Daggett provided input on possible
ways to proceed.
Mayor Pro Tem Gorgol suggested moving forward with general public comment then comment
on the entire Consent Agenda. Mayor Arndt concurred and provided direction to citizens.
City Attorney Daggett called attention to Section 1H of the Council meeting procedures which
provides for a process for which a substantial number of Consent items has been pulled.
Amber Lane asked about the recourse for items that affect land for which there is no clear title and
asked if the City has access to a tribal nation liaison or tribal attorney who understands native
treaties. She stated it is short-sighted to not consider future generations in decision making.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, to adopt and
approve all items on the Consent Agenda less item Nos. 8 and 10.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
1. Consideration and Approval of the Minutes of the June 15, 2021 Regular Meeting and the June
22, 2021 Adjourned Meeting. (Adopted)
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. (Adopted)
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 F und 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. (Adopted)
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. (Adopted)
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
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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.
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. (Adopted)
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 Statu tes 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. (Adopted)
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. (Adopted)
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. 093, 2021, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for the Art in Public Places Program, Pianos About Town Proj ect.
(Adopted)
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 Authority, and the donor, Bohemian Foundation.
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9. 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. (Adopted)
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 mai ntenance of electrical
infrastructure for the new Discovery Air development.
10. Resolution 2021- 076 Adopting the 2021 Larimer County Multi-Jurisdictional Hazard Mitigation
Plan. (Adopted)
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 REPORTS
A. Staff Report: Natural Areas Visitation Update (staff: Zoe Shark)
Zoe Shark, Interim Natural Areas Director, provided an update on how the Natural Areas
Department is managing visitation as a key stewardship action. She stated the Natural Areas
mission features conservation as the highest priority while providing appropriate recreation;
therefore, visitor management is always filtered through the lens of conservation. She commented
on the dramatic increase in visitation due to the pandemic, population growth, and ease of access
to information about Natural Areas. She also commented on associated challenges with increased
visitation including parking management, crowd control, increased waste collection, and restroom
cleaning, which are all stretching staff capacity and bring the potential for negativ e visitor
experiences and resource damage; however, she stated those negative impacts have not been seen
at this point, though staff is monitoring the situation.
Shark discussed the Rapid Response Visitor Use Team formed in early 2020 and various
improvements made to address the increased number of visitors. She stated staff plans to continue
using a strategic approach and recognizes that stewardship is visitor management and managing
visitors is stewardship. She also stated there is an acknowledgement that there is a need for placing
resources within the funding structure that direct the conservation focus on land acquisition and
restoration. She discussed the importance of public input.
Mayor Pro Tem Gorgol asked about improvements made in terms of safely getting people to trails
via bike or walking. Shark discussed the spectrum of Natural Areas types and noted there are
some that are walkable and bikeable. She noted parking lots have been changed to accommodate
a few additional cars and stated the parking lot sizes have been planned based on the capacity of
the Natural Area; therefore, when the parking lot is full, that is an indication the Natural Area itself
is full. She discussed the importance of striking a balance between providing access and protecting
the Natural Areas.
Mayor Pro Tem Gorgol asked if most trailheads have bike parking. Shark replied a majority of
Natural Areas have bike racks at trailheads.
Mayor Pro Tem Gorgol suggested a BFO offer may need to be made to support funding for
maintenance given the increased visitation numbers. Shark noted there is a budget offer for a trails
and visitor amenities technician.
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Councilmember Ohlson asked if people can check the status of parking lots in real time. Shark
replied in the affirmative and stated there are web cams on some of the most popular parking lots.
Acting City Manager DiMartino introduced the new Community Services Director, Seve Ghose.
Councilmember Canonico asked if there are plans for a reservation system. Shark replied that has
been considered and could be utilized in the future.
• COUNCILMEMBER REPORTS
Councilmember Ohlson noted the Leadership minutes included information about Police Services
patrolling on Saturday evening to assist with the Council priority regarding improved traffic
compliance.
Councilmember Gutowsky reported on the recent Behavioral Health Policy Council meeting and
stated the permitting for the building is going well and groundbreaking should occur in late
September or early October with a planned opening in May of 2023. She stated behavioral health
grant applications are due July 31.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
11. 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. (Adopted on First Reading)
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.
Councilmember Gutowsky requested the Council give the final approval for any narrative
associated with The Hand that Feeds sculpture at Sugar Beet Park stating it is important the facts
are accurate.
Councilmember Ohlson stated he would assume the City does its due diligence regarding items
under its stewardship. Nina Bodenhamer, City Give Director, stated there is a process in place for
any content or interpretive programming placed on City property. She acknowledged there is
important context for this sculpture and wide community support for the project. She stated there
is no current plan for interpretive programming, though there will be plaques recognizing donors
and the historical significance of the short hoe. She stated the City could choose to place
interpretive programming at the park in the future and the content would be owned, vetted,
generated, and approved by City staff.
Jerry Gavaldon commented on the history of sugar beet farming in Fort Collins and with his family.
He stated his family should be mentioned on any type of recognition plaque.
Cheryl Glanz echoed Mr. Gavaldon’s remarks and discussed her family’s history in the
Buckingham and Andersonville neighborhoods. She expressed concern about the indication the
area was solely established by Hispanics.
Amber Lane stated this shows the importance of needing a truth and reconciling process.
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Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 092, 2021, on First Reading.
RESULT: ORDINANCE NO. 092, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
12. 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. (Adopted on First Reading)
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 c oordination
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).
Councilmember Canonico asked if the Drake and College intersection was prioritized to
coordinate with Urban Renewal Authority plans and projects. Brad Buckman, City Engineer,
replied in the affirmative and noted there will be significant developments at the intersection in
the next couple years and the goal is to look at design elements and right-of-way prior to those
projects occurring. He stated it also provides the opportunity to partner with the Urban Renewal
Authority for partial funding.
Councilmember Canonico asked if a multi-modal approach is being considered in the design.
Buckman replied in the affirmative and noted all modes of travel, safety, mobility, and signal
improvements are all considered when redesigning intersections.
Councilmember Canonico asked if future appropriations are expected to continue with the design
work. Buckman replied in the affirmative and stated this $500,000 will get the design work started
and put things in place to begin acquiring construction funding.
Councilmember Ohlson asked if the initial design and scoping includes the possibility of an
underpass or overpass at the intersection. Buckman replied it includes the possibility of a future
underpass or overpass; however, the primary focus of the design is for the intersection
improvements. He noted these improvements would not be undone in the event of future
construction of an underpass or overpass.
Amber Lane questioned the sustainability of these types of improvements. Buckman replied the
City looks at using sustainable and recyclable materials when considering construction of capital
improvements. He noted the Vine and Lemay overpass has been designed with those
considerations and is planned to have a 70-year lifespan.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 094, 2021, on First Reading.
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RESULT: ORDINANCE NO. 094, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• DISCUSSION ITEMS
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.
(Adopted on Second Reading)
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 T ype
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.
Amber Lane commented on conflicts of interest and stated two Councilmembers have direct
contacts with La Familia and continued to vote on the immigrant legal fund item.
Mayor Arndt noted this item is related to quasi-judicial Commission members, not Council.
Councilmember Ohlson stated he will be voting against this item on Second Reading as he
disagrees with Commission members having the ability to appeal their own conflict of interest
after it has already been declared.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 072, 2021, on Second Reading.
RESULT: ORDINANCE NO. 072, 2021 ADOPTED ON SECOND READING [3 TO 2]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico
NAYS: Ohlson, Gutowsky
ABSENT: Pignataro, Peel
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. (Adopted
on First Reading)
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.
Clark Mapes, City Planner, stated this item involves an update to the City’s Structure Plan Map to
be consistent with the voter-directed rezoning of the Hughes Stadium property. He stated staff
considers this to be a housekeeping item to bring the maps into a consistent state; it does not
involve any policy issues nor does is affect the property’s zoning. The new place type for the
property will be the Parks and Protected Natural Areas place type, which is consistent with t he
zoning.
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Amber Lane discussed the acquisition of the Hughes Stadium property and questioned how the
tribal nations consultations for unseated treaty land and the Morrill Act are integrated. Mapes
replied that CSU’s plans and how it acquired the land are completely separate issues from this map
amendment.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 096, 2021, on First Reading.
RESULT: ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
15. First Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism Improvement
District. (Adopted on First Reading)
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.
Clay Frickey, Redevelopment Program Manager, stated Visit Fort Collins submitted a petition to
form a Tourism Improvement District on July 14 and that has triggered this action, which is
consideration of a formation ordinance for the Tourism Improvement District of Fort Collins. He
stated a Tourism Improvement District would provide an opportunity for hotels to collect a fee to
support activities related to boosting tourism in Fort Collins. He noted there are several ways in
which the funds could be spent as stipulated in the City Code and it does not include the power of
eminent domain. He stated this would apply to all lodging establishments in Fort Collins and the
boundaries of the district match those of the City limits. The initial term of the District would be
ten years and four months, ending in 2031.
Frickey discussed the petition process and noted signed petitions have been received from 78.6%
of the hotel rooms in Fort Collins. He explained the 3% fee will be collected by the City which
will remit them back to the Improvement District. He stated the anticipated funding for 2021 and
2022 is just over $1 million and collections will start in September.
Frickey stated this ordinance will appoint a Board of Directors for the Improvement District that
represents a range of the hotels in Fort Collins and stated staff is recommending approval of the
ordinance.
Councilmember Canonico asked if all hotels are required to participate in the Improvement
District. Frickey replied in the affirmative.
Councilmember Canonico asked how the Board is selected. Frickey replied Council would
appoint the Board of Directors with this ordinance and the members were selected after soliciting
input from the hoteliers and Visit Fort Collins.
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Mayor Pro Tem Gorgol thanked Visit Fort Collins for its work on this item and stated this has been
a thorough process.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 097, 2021, on First Reading.
Councilmember Ohlson stated this appears to be a liberal interpretation of TABOR and asked if it
has been proven to be acceptable as a fee in other Colorado municipalities. Deputy City Attorney
John Duval replied staff has looked at that issue and stated fees are defined under Colorado law
on the purpose for which they are used whereas taxes can be used for any governmental purpose
or as otherwise provide in a tax ballot issue. Fees are focused on providing fee-payers with a
benefit and it is up to each hotel whether the fee is passed on to customers. He stated staff believes
this is set up in a way that is consistent with TABOR, and though there is no specific case law
related to this type of fee, there are several decisions related to other similar kinds of fees.
Councilmember Ohlson asked how Fort Collins compares to other cities in the state after adding
this fee in addition to taxes. Frickey replied the addition of the 3% fee would bring the taxes and
fees on a hotel room up to 13.5%, which puts it toward the top end of the spectrum. The current
10.5% tax rate puts Fort Collins nearer the bottom end of the spectrum.
RESULT: ORDINANCE NO. 097, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
16. Resolution 2021-077 Adopting the 2021-2023 City Council Priorities. (Adopted)
The purpose of this item is to consider formal adoption of Council’s priorities for 2021-2023.
Deputy City Manager Kyle Stannert stated this item would adopt the 2021-2023 City Council
priorities. He discussed the process that went into arriving at these 31 priorities and stated work
has already begun on operationalizing these priorities. He noted the list of priorities can be
amended based on community needs, available resources, and new opportunities. He outlined the
next steps in terms of mapping out implementation.
Anthony Asuega thanked Council for including an increase in the minimum wage as a Council
priority.
Amber Lane questioned how the priorities incorporate the needs of the native and Indigenous
community.
Emily Gallishote thanked Council for including an increase in the minimum wage as a Cou ncil
priority.
Mayor Pro Tem Gorgol noted the resolution states Council’s commitment to continuing and
building on longstanding and importance City efforts around diversity, equity, and inclusion,
climate action, attainable housing, enhancing environmental health, broadband, and a safe and
accessible community for all residents.
Councilmember Ohlson commended most of the staff-written outcome statements that were
developed from Council’s initial direction but opposed the wording of three statements from Water
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Utilities stating the phrasing provided indicating the difficulty of tasks is not consistent with other
outcome statements. He requested additional consistency when the statements come back before
Council in August. Acting City Manager DiMartino replied staff will look through the lens of
consistency in how challenges and trade-offs are being presented. She stated the August work
session will be a scoping session to discuss the amount and timing of work to be accomplished.
Councilmember Canonico noted a constituent pointed out a correction that should be made to
change a phrase to ‘Austin Tech Circular Economy Incubator.’ She thanked staff for their work
on developing the outcome statements.
Mayor Pro Tem Gorgol thanked Council for their work on identifying priorities and commended
citizens for their input and staff on their work.
Mayor Arndt noted Council priorities are cumulative and older priorities do not go away, nor do
the 24/7/365 operations of the City. She commended Councilmember Ohlson for suggesting the
priorities not be set until the second retreat.
Councilmember Ohlson suggested the inclusion of information related to the basic services
provided by the City be included in final priorities documents. Mayor Arndt concurred.
Mayor Pro Tem Gorgol noted the resolution includes wording related to ensuring the provision of
world class service for the community 24 hours a day, 365 days a year.
Acting City Manager DiMartino thanked Council for comments and stated basic services can
continue to be emphasized and reinforced on priorities documents.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-077.
RESULT: RESOLUTION 2021-077 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
17. Motion to Authorize an Internal Posting and Appointment Process for an Interim City Manager.
(Adopted)
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.”
Teresa Roche, Human Resources Director, stated this item would contemplate posting the position
internally for an Interim City Manager with an anticipated hiring range. She outlined the process
moving forward and discussed the full and anticipated hiring salary ranges. She noted the Council
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has sole discretion over this process and stated Council will need to decide if it wants to do a
national search for the recruitment of a permanent hire.
Councilmember Ohlson expressed support for the posting and recommended salary range. Mayor
Pro Tem Gorgol concurred.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, that staff place
no later than July 21, 2021, the opening for the Interim City Manager position, including a salary
range of $222,600 to $240,000, and any other information required by Colorado law.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Gutowsky requested and received Council support to direct staff to convene a
meeting of the Ethics Review Board to discuss conflicts of interest related to the places of
employment of Councilmembers.
Councilmember Ohlson suggested the Ethics Review Board should do a scoping of the next six
months to determine all issues to be addressed.
City Attorney Daggett stated staff would work on scheduling.
B. Consideration of a Motion to Adjourn to 3:00 p.m. on Monday, July 26 to enter into an Executive
Session:
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adjourn to 3:00
PM on Monday, July 26, to consider one or more motions for Executive Session and for such other
business as may come before the Council.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Tricia Canonico, District 3
AYES: Gorgol, Arndt, Canonico, Ohlson, Gutowsky
ABSENT: Pignataro, Peel
• ADJOURNMENT
The meeting adjourned at 9:34 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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July 26, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 3:00 PM
• ROLL CALL
PRESENT: Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro, Canonico
STAFF: Atteberry, Daggett, Pusheck
• DISCUSSION ITEMS
1. Update on Recruitment for Interim City Manager and Possible Council Direction on Next Steps.
Teresa Roche, Human Resources Director, noted the recruitment for the Interim City Manager
closed at 3:00p.m. today. There was one applicant, Deputy City Manager Kelly DiMartino.
Roche inquired if Council would like to interview the applicant or if they were comfortable
moving forward with the current knowledge they had of DiMartino. All Councilmembers
indicated they were comfortable with DiMartino's application, the current knowledge they had
of her work and did not require an interview.
Roche noted the appointment of Kelly DiMartino as Interim City Manager would be by
Resolution at the August 4 Regular meeting of Council.
2. Consideration of a motion to enter into Executive Session to discuss the following :
“I move that the City Council go into executive session for the purpose of discussing with the City’s
attorneys and appropriate management staff:
1. 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, pursuant to:
• City Charter Article Roman Numeral Twelve, Section 7(d) and
• City Code Section 2-31(a)(5);
2. specific legal questions related to potential litigation regarding the Hughes Stadium property
and the manner in which the particular policies, practices or regulations of the City related to
the acquisition of the Hughes Stadium property may be affected by existing or proposed
provisions of federal, state or local law, pursuant to:
• City Charter Article Roman Numeral Two, Section 11(2),
• City Code Section 2-31(a)(2) and
• Colorado Revised Statutes Section 24-6-402(4)(b) AND
3. real property acquisition and disposition related to the Hughes Stadium property, pursuant to:
• City Charter Article Roman Numeral Two, Section 11(3),
• City Code Section 2-31(a)(3) and
• Colorado Revised Statutes Section 24-6-402(4)(a).”
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Ohlson, that Council enter
into Executive Session as permitted by City Charter, City Code and Colorado State Statutes
referenced in the motion.
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(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: Kelly Ohlson, District 5
AYES: Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro, Canonico
• ADJOURNMENT
The meeting adjourned at 5:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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August 4, 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, Peel, Ohlson, Gutowsky
ABSENT: Canonico
STAFF: Atteberry, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
City Manager Attebery stated Item No. 5, Second 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, has been revised since First Reading at the request of the Loveland
Power Department to clarify the method by which the easement legal description will be updated
as utilities are constructed. Additionally, Item No. 12, Sam's Club Fuel Station Appeal, will be
taken out of order and considered prior to other discussion items and Item No. 13, Resolution 2021-
081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and
Zoning Commission's Decision (Denying/Approving) the Sam’s Fuel Station Addition of a
Permitted Use and Major Amendment Development Plan, has been withdrawn.
• COMMUNITY REPORT
Tom Gonzales, Larimer County Health Director, commented on the effectiveness of COVID
vaccines against the Delta variant of the virus and noted getting more people vaccinated is the
single most effective way to start to emerge from the pandemic. He stated metrics such as
hospitalization and ICU utilization versus COVID case rates will determine if policy
recommendations need to change. He discussed concerning trends in increasing case rates and
noted the Delta variant is by far the dominant strain in the state and is more than twice as contagious
as previous strains. He outlined the CDC’s new county data based on transmission rates and stated
Larimer County is currently in the high transmission zone.
Mr. Gonzales noted counties with a higher percentage of fully vaccinated citizens have lower case
numbers. He also discussed the changing CDC recommendations related to wearing face
coverings indoors even for fully vaccinated individuals in high transmission zones. He stated the
state is suggesting following that recommendation; however, there are no mandates at this time.
He stated increasing vaccination numbers will lead to decreased transmission and decreased
hospitalizations and he discussed the number of people who need to be vaccinated over the next
month for a significant decrease in case numbers to occur by Labor Day.
Mr. Gonzales noted breakthrough cases that occur in fully vaccinated people result in much less
severe illness. He discussed risks to children and outlined plans for school intervention in the case
of outbreaks.
Councilmember Peel asked what plans are in place if case numbers keep rising. Mr. Gonzales
replied the main concern is related to hospitalization and ICU numbers; if those keep rising,
conversations around lowering transmission rates will need to occur.
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Councilmember Peel asked about changes in equipping hospitals. Mr. Gonzales replied all county
hospitals have added capacity for patients; however, challenges remain in having enough personnel
to provide care.
Councilmember Peel asked about the vaccination process. Mr. Gonzales replied there are no
appointments necessary, and clinics are in place throughout the county.
Councilmember Peel asked about mental health issues with children. Mr. Gonzales replied
children have expressed concerns around the difficulties of remote learning both practically and
socially. He acknowledged there have been extreme mental health challenges for youth and
commented on the importance of making this school year more normal.
Councilmember Peel commended the Larimer County COVID dashboard and asked about the
likelihood of children contracting COVID. Mr. Gonzales replied the numbers were very low for
classroom transmission; however, the Delta variant is much more contagious leading to concerns
about youth spreading the illness to more vulnerable citizens.
Councilmember Peel asked about natural immunity. Mr. Gonzales replied natural immunity does
play a role; however, the Delta variant has proven to reinfect communities that already had higher
case rates. He noted herd immunity would only occur if 90% of the population has immunity.
• PUBLIC COMMENT
The video outlining public participation options was played.
Bob Overbeck thanked Fort Collins for its partnership in fighting the Cameron Peak Fire and
thanked City Manager Atteberry for his service to the organization.
Mary Ellen Uptain and Clay Uptain provided a video presentation regarding the Hughes Stadium
property and stated, as it has been vacated, it should be returned to first nations people.
Jan Iron, Northern Colorado Intertribal Pow Wow Association, announced the August 28-29
annual pow wow.
Benton Roesler, ASCSU, discussed the video noting it was created by the Intertribal Alliance for
Right Relations, whose goal is to ensure the indigenous voices are heard in the decision-making
process for the Hughes property. He discussed CSU’s desire to develop affordable housing and
suggested it should be located elsewhere.
Tenaya Herenia requested the City listen to indigenous voices regarding the use of the Hughes
Stadium property. He commented on evidence that the return of land to indigenous peoples has
helped to preserve land, protect habitat for endangered species, and provide a more sustainable
ecological landscape.
Nevi Beatty shared a quote from an indigenous leader of the Intertribal Alliance regarding the
status of the Hughes Stadium property and requesting the City to take a role in encouraging CSU
to give the land back to indigenous people.
Nancy Eason stated there are hospital and early treatments that can be used to keep COVID patients
out of hospitals whether vaccinated or not. She discouraged Council from instituting a vaccine
passport.
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Cristyn Hypnar expressed support for the land back initiative around the Hughes Stadium property
and requested Council encourage CSU’s Board of Governors to be in communication with the
Intertribal Alliance.
Gailmarie Kimmel supported the land back initiative around the Hughes Stadium property.
Bill Timpson supported the land back initiative around the Hughes Stadium property.
Colleen (no last name given) supported the land back initiative around the Hughes Stadium
property.
Joe Rowan encouraged Council to request staff to provide a cost benefit analysis of proposed
changes to the Building Code or Land Use Code that may affect housing affordability.
Ken Baldwin stated he submitted a petition, signed by 94 Adriel Hills owners and residents, to
widen Timberline Road and not extend Turnberry Road. He stated he would like to see a detailed
presentation about the possible Turnberry extension with a question and answer period.
Heather Vesgaard, Partners Executive Director, discussed the No DUI Larimer Steering
Committee, which is a cross-sector collaborative of community members that has a focus on
decreasing the number of DUIs in Fort Collins. She requested staff explore and follow up on a
request to remove the ‘no parking after 2AM’ signs in Old Town.
Amber Lane discussed the land acknowledgement of CSU and encouraged Council and C SU’s
Board of Governors discuss the land back initiative with the Intertribal Alliance.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Gorgol noted the Hughes Stadium property is under the control of CSU; however,
she noted Council will be considering Indigenous Peoples’ Day on September 21, which if passed,
would direct the City Manager to explore the ways the City can prom ote the well-being and
recognition of Colorado’s native and indigenous community as part of the City’s wider
commitment to leading with race and working toward equity. She suggested that working with
CSU could be part of that. She encouraged the speakers to also work with CSU’s Board of
Directors.
Mayor Pro Tem Gorgol noted the Old Town parking signs are in place for street sweeping;
however, she noted there could be some benefit to addressing their removal from a drunk driving
standpoint. She requested a previous memo be resent to Council.
Councilmember Pignataro asked if a memo could be provided regarding the Turnberry extension
and asked if staff members have spoken with Adriel Hills residents. City Manager Atteberry
replied he was unsure if staff have spoken with those residents and suggested a summary document
regarding the roadway be prepared. He noted there is a tour with himself, the Mayor, and
Councilmember Gutowsky at Adriel Hills tomorrow.
• COUNCILMEMBER REPORTS
Mayor Pro Tem Gorgol thanked those who hosted Neighborhood Night Out events.
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Councilmember Peel reported on her recent listening session and on visits to Housing Catalyst
properties and the Harmony Cottage development. She also reported on the Trees, Water, People
and The Draft Solution fundraisers.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
1. Second Reading of Ordinance No. 097, 2021, Establishing the Fort Collins Tourism
Improvement District. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, establishes 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.
Councilmember Ohlson stated he would be opposing this item given TABOR regulations and
stated he would not have any issue with it if it were to be placed on a ballot.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 097, 2021, on Second Reading.
Councilmember Pignataro thanked Councilmember Ohlson for his perspective but stated she
would be supporting the motion.
RESULT: ORDINANCE NO. 097, 2021 ADOPTED ON SECOND READING [5 TO 1]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Gutowsky
NAYS: Ohlson
ABSENT: Canonico
• DISCUSSION ITEMS
2. Sam's Club Fuel Station Appeal. (Postponed to Date Certain)
The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the
“Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (APU) for a Sam’s
Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station
within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast corner
of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the
Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use
Code.
On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition,
Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance
of the August 4, 2021, hearing before Council. To achieve such a continuance, after opening the
public hearing on Wednesday night, a Council Member will need to make a motion to continue the
appeal hearing until October 19, 2021. Such a continuance benefits both the City and the parties -
in interest to the appeal by providing time for the parties to attempt to resolve/reduce the issues
that gave rise to this appeal and may simply some of the issues on appeal.
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The following motion to continue is provided to accomplish this continuance:
“I move to continue the Sam’s Club Fuel Station Appeal (MJA#200002) to October 19, 2021.”
Mayor Arndt asked parties-in-interest to identify themselves.
Carolynne White, counsel for Sam’s Club, the appellant, introduced herself.
Randy Morgan, Outpost Sunsport owner, stated he did not oppose the continuance of this item.
Mayor Arndt asked if any party-in-interest opposes the continuance of this matter to October 19.
All parties agreed to the continuance.
Mayor Arndt asked if any Councilmembers have conflicts of interest, and none were declared.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to continue the
Sam’s Club Fuel Station Appeal (MJA#200002) to October 19, 2021.
RESULT: POSTPONED TO DATE CERTAIN [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
3. Items Relating to the Appointment of Interim City Manager. (Adopted on First Reading)
A. Resolution 2021-078 Appointing an Interim City Manager.
B. First Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the
Compensation of the Interim City Manager.
The purpose of these two items is to appoint an Interim City Manager and to set the compensation
and terms of the Interim City Manager appointment.
Teresa Roche, Human Resources Officer, stated this Resolution would appoint Kelly DiMartino
as the Interim City Manager, effective August 21. Once the posting for the full-time regular City
Manager position occurs, Ms. DiMartino would return to being Deputy City Manager unless she
applies for and receives the full-time position.
Amber Lane stated there are no leadership positions in Fort Collins held by indigenous individuals.
She requested the City and Council consider that in the hiring process.
Mayor Pro Tem Gorgol asked if this Resolution covers all appointments of positions held by City
Manager Atteberry. City Attorney Daggett replied the only appointment identified that does not
automatically go with the title of City Manager is the appointment to the Northern Colorado
Regional Airport Commission; therefore, if Council would like to have Ms. DiMartino fill that
role, a new subsection to the Resolution may need to be added.
Mayor Pro Tem Gorgol expressed support for having Ms. DiMartino fill that role. City Attorney
Daggett suggested language for the Resolution.
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Mayor Pro Tem Gorgol made a motion, seconded by, Councilmember Pignataro, to adopt
Resolution 2021-078 as amended to include the language as suggested by City Attorney Daggett.
Councilmember Pignataro asked if this was an open application process. Roche replied it was
internally posted and Ms. DiMartino was the only applicant.
The vote on the motion was as follows: Yeas: Pignataro, Gorgol, Arndt, Ohlson, Peel and
Gutowsky. Nays: none.
Roche outlined the Ordinance portion of this item which includes the Interim City Manager’s
salary and other benefits. She discussed meetings with Councilmember Gutowsky and Mayor Pro
Tem Gorgol regarding the plan for compensation.
Mayor Pro Tem Gorgol noted the hiring range for the interim position was $220,000-$240,000
and the recommendation is $231,573 with an increased vacation rollover cap to 780 hours during
the interim appointment and allowing Ms. DiMartino to receive a cash payout of any unused
accrued vacation time of up to 120 hours at the end of the interim period.
Councilmember Ohlson stated he would have liked to have had the salary information provided
prior to this evening.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 099, 2021, setting the compensation of the Interim City Manager to $231,573 and
including the language read under Section 3.
RESULT: ORDINANCE NO. 099, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
4. Resolution 2021-079 Creating an Ad Hoc Council Committee to Make Selection Process
Recommendations to the Council, and Adopting a Plan for the Initial Steps in the Recruitment
and Selection of a City Manager. (Adopted)
A purpose of this item is to begin the City Manager recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the City Manager Selec tion Process Committee
to develop recommendations to the Council for the recruitment and selection of a City Manager.
Another purpose is for the City Council to adopt a plan for the initial steps in the recruitment and
selection process.
Teresa Roche, Human Resources Officer, stated there are two outcomes to this Resolution: one is
the follow-up regarding the formation of an ad hoc committee to make the selection process
recommendations to Council and the other would adopt the initial steps in the recruitment and
selection of a new City Manager. She noted the ad hoc committee would be guiding the initial
decisions; however, Council would be very much involved in any decisions around stakeholder
groups, interview panels, and deciding on finalists.
Mayor Arndt suggested three people form the ad hoc committee and noted any other members of
Council could always attend those meetings as the committee will not be a decision-making body.
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She stated she will be on the committee and asked who else would like to join. Councilmembers
Peel and Gutowsky volunteered.
Mayor Pro Tem Gorgol requested additional information on how the ad hoc committee would
bring forward a list of finalists for the position. Roche replied it was discussed the Council would
see all the applicants and the committee would go through those materials with the recruiter and
herself to choose semi-finalists. She suggested Council could have an Executive Session to discuss
that list.
Mayor Pro Tem Gorgol noted Councilmember Canonico also expressed interest in being on the ad
hoc committee though she could not attend this meeting.
Councilmember Pignataro suggested further discussion around the ad hoc committee members’
length of terms and asked what each member would hope to bring to the committee.
Councilmember Gutowsky stated she believes she has the time to commit to participating in the
ad hoc committee meetings and she is currently the senior member on Council.
Councilmember Peel stated she also has time to commit to the committee meetings.
Councilmember Gutowsky stated Roche is a wonderful mentor and she did not believe being
newer to Council would be a detriment.
Councilmember Ohlson asked if Councilmember Canonico cannot be on the committee as she is
not present. Mayor Pro Tem Gorgol replied she told Councilmember Canonico she would bring
forward her name.
Councilmember Ohlson stated he would like to be on the subcommittee addressing compensation
and separation agreements.
Councilmember Peel made a motion, seconded by Councilmember Pignataro, to form an ad hoc
committee with members being Mayor Arndt, Councilmember Gutowsky, and herself.
RESULT: RESOLUTION 2021-079 ADOPTED [UNANIMOUS]
MOVER: Shirley Peel, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
5. Resolution 2021-080 Expressing Gratitude and Appreciation to Darin Atteberry for His
Contributions to the City and Community as City Manager. (Adopted)
The purpose of this item is to express gratitude and appreciation to Darin Atteberry for his contributions
to the City and community as City Manager.
Mayor Arndt read Resolution 2021-080 expressing gratitude and appreciation to Darin Atteberry
for his contributions to the City and community as City Manager.
City Manager Atteberry thanked the Mayor for the Resolution and commented on his history with
the City organization.
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Tom DeMint commented on City Manager Atteberry’s love of the community and commended
his service, character, and leadership.
Wade Troxell commended City Manager Atteberry’s operational excellence and aspirational
thinking.
Ray Martinez commended City Manager Atteberry’s leadership, caring, and fostering of
teamwork.
Jerry Gavaldon commended City Manager Atteberry’s dedication and stated he has earned the
respect of the community.
Joe Rowan commented on City Manager Atteberry’s history in the community and work with the
Chamber of Commerce. He commended his community engagement.
Councilmember Peel stated she will miss working with City Manager Atteberry.
Councilmember Ohlson discussed his history with City Manager Atteberry and commended his
unmatched likability, work ethic, decency, dedication, professionalism, and optimism.
Councilmember Gutowsky commended City Manager Atteberry on his work and dedication.
Mayor Pro Tem Gorgol commended City Manager Atteberry on his optimism and thanked him for
his service.
Councilmember Pignataro commended City Manager Atteberry on his optimism.
Mayor Arndt commended City Manager Atteberry’s kindness and sense of humor.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-080. Yeas: Gorgol, Arndt, Pignataro, Gutowsky, Ohlson and Peel. Nays: none.
City Manager Atteberry commented on the excellence in Fort Collins government and stated it has
been a privilege to be part of the organization.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: RESOLUTION 2021-080 ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
6. First Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as
Contingency Capital Funding of the Broadband System Construction. (Adopted on First
Reading)
The purpose of this item is to appropriate prior year reserves to fund the continued build of the
Broadband system. The original construction budget is approximately 85% spent through the end of
June 2021. Increased boring costs, additional premises in the build area and the constructi on
schedule developed from the design/build framework have contributed to the need to access these
funds.
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Chad Crager, Broadband Director, stated this item is an $8.2 million appropriation of original
Connexion bond money to go toward capital projects. He discussed the history of the overall
project and stated one of the largest project costs is related to the amount of conduit needed. He
stated it was originally projected that 70% of the needed conduit was already in place; however,
that turned out to be less than 50% thereby impacting the budget of the overall project. He also
noted the number of serviced premises has grown from 70,000 to 77,000.
Crager noted the overall take rate is going to drive the up-front costs in the form of installations.
He stated the current take rate, or number of enrolled customers divided by the total number of
potential customers, is 29%, which is greater than the original projection.
Eric Sutherland questioned how this appropriation debt will be paid. He stated the financial impact
of Connexion on the city’s ratepayers has never been made clear.
Travis Storin, Chief Financial Officer, stated the source of the $8.2 million appropriation is the
original 2018 bond proceeds and the funds were intentionally not appropriated at that time for just
this type of situation. He stated staff does not have any reason to believe there will be a direct
impact on electric rates due to repaying the Connexion bonds. He noted there will be additional
details in terms of vetting the numbers from a profit and loss and subscriber standpoint forthcoming
this fall.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 098, 2021, on First Reading.
RESULT: ORDINANCE NO. 098, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
7. Resolution 2021-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Commission's Decision (Denying/Approving) the Sam’s Fuel
Station Addition of a Permitted Use and Major Amendment Development Plan. (Withdrawn)
The purpose of this item is to make findings of fact and conclusions regarding the appeal of the
Planning and Zoning Commission’s decision to deny the Sam’s Fuel Station Addition of a Permitted
Use and Major Amendment Development Plan. The appeal was heard by Council on August 4, 2021.
RESULT: WITHDRAWN
• CONSENT CALENDAR
Councilmember Ohlson withdrew Item No. 7, Second Reading of Ordinance No. 097, 2021,
Establishing the Fort Collins Tourism Improvement District, from the Consent Agenda.
Cheryl Glanz withdrew Item No. 2, Second 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, from the Consent Agenda.
Amber Lane withdrew all items from the Consent Agenda that do no benefit all, are sustainable
seven generations from now, and for which there have not been proper tribal nation consultations.
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Mayor Arndt outlined the process for addressing the pulled Consent Agenda.
Cheryl Glanz questioned a reference in the ordinance for Item No. 2, Second 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 , and expressed
concern regarding the way this statue interprets the history of the sugar beet industry in the city.
She requested reconsideration of the interpretation.
Jerry Gavaldon expressed support for Ms. Glanz comments and stated the interpretation should
accurately represent the history of the sugar beet industry in the city.
Amber Lane concurred with the comments and stated the entire history of the sugar beet industry
should be included as well as information about the native residents prior to the sugar beet farming.
She requested Council address the question of how each item benefits all in terms of equity,
inclusion, and diversity, how each item has had a seven-generation analysis and ensuring tribal
nations consultations have occurred.
Councilmember Peel questioned whether Ordinance No. 092, 2021, should be amended.
Councilmember Pignataro commented on the history of the statue coming from a non-profit
organization and noted the City is just donating the land. She stated she does not believe it is
within the purview of Council to amend the statue itself.
Councilmember Peel asked if the language in the ordinance is legally binding to only include
references to certain groups. City Attorney Daggett responded the specific content that is going
to be provided for education and context for the donated sculpture is not dictated by the ordinance.
Deputy City Manager DiMartino noted Council took formal action to accept the donation of the
sculpture after it went through the Art in Public Places process. She noted there is ongoing
communication around the interpretation that may be provided.
Councilmember Ohlson stated there should be assurance in accuracy when a piece is placed on
City property.
Councilmember Gutowsky commented on the need for accuracy on the statue interpretation.
Mayor Arndt noted staff discussed the processes utilized to validate information at First Reading.
She stated she was unsure if this piece was meant to provide the entire history of the sugar beet
industry.
Councilmember Ohlson stated the information presented must be accurate, not necessarily all-
encompassing, and complete.
Councilmember Peel asked if there was a purpose behind the statue only providing interpretation
around Hispanic contributions. Nina Bodenhamer, City Give Director, stated Council action took
place in October of 2020 to accept the artwork. She noted the artwork is not currently accompanied
with any interpretive signage; the only signage will include donor recognition and an artist plaque.
She noted any future interpretive programming would go through a City process.
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Councilmember Peel asked if the website would remain once the piece is installed. Bodenhamer
replied that website is part of an independent 501(c)(3) organization and the Art in Public Places
agreement process makes no attempts to control those independent organizations.
Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Gorgol, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Canonico
8. Second Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under
the Income-Qualified Assistance Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 6, 2021, considers a Code amendment
to extend the Income-Qualified Assistance Program (IQAP) pilot rate an additional year (through 2022)
and align it with the Fort Collins Utilities’ rate ordinances that are considered in the fall. Additionally,
this item considers Code amendments that would make administrative modifications to the program’s
enrollment process.
9. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, appropriates 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 constructio n 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.
10. Second Reading of Ordinance No. 093, 2021, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Art in Public Places Program, Pianos About Town
Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, appropriates 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 collabora tive effort among the City of Fort Collins Art in
Public Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian
Foundation.
11. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading, July 20, 2021, appropriates $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
1.4
Packet Pg. 58 Attachment: August 4, 2021 (10599 : Minutes - 7/6, 7/20, 7/26, 8/4)
August 4, 2021
City of Fort Collins Page 514
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).
12. Second 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.
(Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, updates 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 assoc iated 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.
13. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 20, 2021, authorizes 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.
The Grant of Utility Easement document has been revised between first and second reading at the
request of the Loveland Power Department to clarify the method by which the easement legal
description will be updated as utilities ar e constructed.
• OTHER BUSINESS
Mayor Arndt commented on the need to set a meeting date for the Election Code Committee.
• ADJOURNMENT
The meeting adjourned at 9:17 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
1.4
Packet Pg. 59 Attachment: August 4, 2021 (10599 : Minutes - 7/6, 7/20, 7/26, 8/4)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Chad Crager, Outside Plant Director
Travis Storin, Chief Finance Officer
David Lenz, FP&A Director
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as Contingency
Capital Funding of the Broadband System Construction.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 4, 2021, appropriates prior year reserves to
fund the continued build of the Broadband system. The original construction budget is approximately 85%
spent through the end of June 2021. Increased boring costs, additional premises in the build area and the
construction schedule developed from the design/build framework have contributed to the need to access
these funds.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (PDF)
2. Ordinance No. 098, 2021 (PDF)
2
Packet Pg. 60
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY August 4, 2021
City Council
STAFF
Chad Crager, Outside Plant Director
Travis Storin, Chief Finance Officer
David Lenz, FP&A Director
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as Contingency Capital
Funding of the Broadband System Construction.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate prior year reserves to fund the continued build of the Broadband
system. The original construction budget is approximately 85% spent through the end of June 2021. Increased
boring costs, additional premises in the build area and the construction schedule developed from the design/build
framework have contributed to the need to access these funds.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During elections in 2015 and 2017, City of Fort Collins residents voted to approve constructing a City owned
Fiber-to-the-Premise (FTTP) broadband network. In 2018, through the Electric Utility Enterprise the City raised
$142,815,541 in proceeds from two bond offerings. Of this amount, $108,608,249 was dedicated and
appropriated to the initial capital projects budget, pursuant to Ordinance No. 056, 2018. An additional
$27,458,550 of unappropriated bond proceeds was targeted for future operation and capital expansion needs.
The design/build contract with the prime contractor Atlantic Engineering Group (AEG) allowed for an accelerated
construction schedule. During the initial buildout phase, variable underground conditions, including greater than
expected rock density, have resulted in higher cost projections due to the lack of available conduit suitable for
use and the need for additional boring activities. Additionally, the number of serviceable premises in the current
build area has exceeded the original business plan estimates. To address costs and materials associated with
these updated conditions, the City and AEG executed four amendments to the original construction contract.
Despite these adjustments, updated construction estimates nevertheless project the build moving faster than
anticipated and completion is expected by year end 2022. At least one additional contract amendment (i.e. Fifth
Amendment) will be likely to cover final quantities and costs. The operation and capital expansion needs to
complete the project qualify for applying the unappropriated portion of bond proceeds Council designated in
2018.
During the initial buildout phase, the City has realized favorable financial impacts from the interest earned on
existing unspent bond proceeds and containment of operating costs. These unanticipated monies have allowed
opportunities for redeployment of previously appropriated operating funds of $5,400,000 to the buildout capital
project and avoided the need to seek additional appropriation to complete work under the First through Fourth
ATTACHMENT 1 2.1
Packet Pg. 61 Attachment: First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (10551 : SR 098 Broadband Appropriation)
Agenda Item 11
Item # 11 Page 2
Amendments to the contract with AEG. In preparation for completing the work and any associated amendments
to the contract with AEG once final quantities and conditions are identified, Broadband and Finance staff are
requesting Council appropriate an additional $8,200,000 from previously unappropriated bond revenues, which
will bring the total available appropriated funds for the capital project to $122,208,249, including the original
appropriation of bond proceeds, and appropriations of unanticipated and excess revenues and lower operating
costs in 2019, 2020, and 2021 annual budgets.
CITY FINANCIAL IMPACTS
Prior Appropriated Funds $ 108,608,249
Prior Appropriated Funds – Budget Re-deployed $ 5,400,000
Current Appropriation Request $ 8,200,000
Total Available Project Funds $ 122,208,249
ATTACHMENTS
1. Powerpoint Presentation (PDF)
2.1
Packet Pg. 62 Attachment: First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (10551 : SR 098 Broadband Appropriation)
-1-
ORDINANCE NO. 098, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR USE AS CONTINGENCY CAPITAL
FUNDING FOR THE BROADBAND SYSTEM CONSTRUCTION
WHEREAS, upon passage of Ordinance No. 003 (2018), of the Board of the City of Fort
Collins, Colorado, Electric Utility Enterprise (the “Enterprise Ordinance”), the Electric Utility
Enterprise (the “Enterprise”) issued its “City of Fort Collins, Colorado, Electric Utility Enterprise,
Tax-Exempt Revenue Bonds, Series 2018A” (the “2018A Bonds”) and its “City of Fort Collins,
Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B” (the “2018B Bonds”
and, together with the 2018A Bonds, the “Bonds”); and
WHEREAS, per the Enterprise Ordinance, the Bonds were issued and sold to fund
construction of a municipal broadband system by the City’s Electric Utility (the “Electric Utility”)
to provide telecommunication facilities and services, including the transmission of voice, data,
graphics and video, to customers within the City, which facilities and services the Electric Utility
had not previously provided but is authorized to provide pursuant to City Charter Article XII,
Section 7 and City Code Section 26-570 et seq. (the “Broadband System”); and
WHEREAS, pursuant to Ordinance No. 056, 2018, City Council appropriated
$115,356,991 of the net proceeds ($142,815,541) from the sale of the Bonds to fund construction
of the Broadband System, including capital, operating and debt service expenditures, leaving an
unappropriated amount of $27,458,550 for future Broadband System operation and expansion
costs; and
WHEREAS, in 2018, the City engaged Atlantic Engineering Group (AEG) under a design-
build contract to construct the Broadband System, and the parties have since executed four
amendments to that contract in 2019, 2020, and 2021 to address changes in quantities and
underground conditions, without requiring additional appropriation of Bond proceeds; and
WHEREAS, in 2019, 2020, and 2021 annual budgets, as customers subscribed to City
broadband services, City Council appropriated unanticipated and excess broadband operating
revenues to complement the appropriation in Ordinance No. 056, 2018 and fund ongoing
construction of the Broadband System; and
WHEREAS, in anticipation of completing construction of the Broadband System in 2022,
Broadband staff has identified the need for additional appropriation from the Bond proceeds in the
amount of EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS ($8,200,000) as
contingency capital funding, which purpose qualifies for use of unappropriated Bond proceeds
under Ordinance No. 056, 2018; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the utility purpose of enabling timely and cost-effective
completion of the Broadband System construction; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
2.2
Packet Pg. 63 Attachment: Ordinance No. 098, 2021 (10551 : SR 098 Broadband Appropriation)
-2-
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 Broadband
Fund and will not cause the total amount appropriated in the Broadband Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in that Fund during
any fiscal year; and
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 for expenditure from prior year reserves
in the Broadband Fund the sum of EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS
($8,200,000) to allow for the use of contingency capital funding of the Broadband System
construction.
Introduced, considered favorably on first reading, and ordered published this 4th day of
August, A.D. 2021, and to be presented for final passage on the 7th day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 7th day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
2.2
Packet Pg. 64 Attachment: Ordinance No. 098, 2021 (10551 : SR 098 Broadband Appropriation)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Teresa Roche, Chief Human Resources Officer
Jenny Lopez Filkins, Legal
SUBJECT
Second Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the
Compensation of the Interim City Manager.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 4, 2021, to sets the compensation and
terms of the Interim City Manager appointment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (PDF)
2. Ordinance No. 099, 2021 (PDF)
3
Packet Pg. 65
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY August 4, 2021
City Council
STAFF
Teresa Roche, Chief Human Resources Officer
Jenny Lopez Filkins, Legal
SUBJECT
Items Relating to the Appointment of Interim City Manager.
EXECUTIVE SUMMARY
A.Resolution 2021-078 Appointing an Interim City Manager.
B.First Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the
Compensation of the Interim City Manager.
The purpose of these two items is to appoint an Interim City Manager and to set the compensation and terms of
the Interim City Manager appointment.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Resolution appoints an Interim City Manager due to the resignation of current City Manager Darin Atteberry
effective August 20.
ARTICLE III. of the City Charter provides that the City Council shall appoint and fix the compensation of a City
Manager, who shall be the chief executive officer and head of the administrative branch of the city government.
The City Manager shall be appointed based on his or her executive and administrative qualifications, with special
reference to actual experience in and knowledge of accepted practice in respect to the duties of the office. Prior
to appointment, the City Manager need not be a resident of the city, but during his or her tenure in office the City
Manager shall reside within the city.
On July 20, 2021, the City Council approved the Interim City Manager position description, the salary range and
anticipated hiring range provided by staff and the position was posted internal only for five days.
There was one applicant for the Interim City Manager position, Deputy City Manager Kelly DiMartino. On July
26, 2021, the City Council discussed the candidate for the Interim City Manager decision and indicated that they
are satisfied that Ms. DiMartino has the necessary qualifications, and no further review process is necessary.
If approved, this resolution appoints Kelly DiMartino to be Interim City Manager effective August 21, 2021.
On July 26, 2021, the City Council expressed interest in Mayor Pro Tem Emily Gorgol and Councilmember
Susan Gutowsky consulting with the Chief Human Resources Officer before August 4, 2021, to review the terms
and conditions of this appointment. The proposed terms are addressed in the Ordinance presented for
consideration on First Reading as part of this item.
ATTACHMENT 1 3.1
Packet Pg. 66 Attachment: First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (10552 : SR 099 Interim City Manager Compensation)
ORDINANCE NO. 099, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TEMPORARILY SUPERSEDING CITY CODE AND
SETTING THE COMPENSATION OF THE INTERIM CITY MANAGER
WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager; and
WHEREAS, Darin Atteberry, City Manager of the City of Fort Collins since 2004,
submitted his resignation, effective August 20, 2021; and
WHEREAS, the City is committed to compensating its employees in a fair and competitive
manner; and
WHEREAS, the City Council, through adoption of Resolution 2021-078, has appointed
Deputy City Manager Kelly DiMartino as the Interim City Manager; and
WHEREAS, this interim appointment will continue in effect until such time as the City
Council officially appoints the new City Manager or such earlier time as the City Council may
subsequently determine to be in the best interest of the City; and
WHEREAS, Fort Collins City Code Section 2-596 sets the base salary of the City Manager
at two hundred seventy-eight thousand, four hundred seventy-five dollars ($278,475) per annum;
and
WHEREAS, the City Council believes, based up on the added responsibilities placed on
the Deputy City Manager, that the base salary of the Interim City Manager should be established
at the amount of $ 231,573, effective as of August 21, 2021; and
WHEREAS, the City Council would like to also consider other terms of the Interim City
Manager appointment as set forth below.
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 temporarily supersedes Fort Collins Municipal
Code Section 2-596 and sets the base salary of the Interim City Manager at $231,573, to be
made effective retroactive to the date of the appointment of the Interim City Manager.
-1-
3.2
Packet Pg. 67 Attachment: Ordinance No. 099, 2021 (10552 : SR 099 Interim City Manager Compensation)
Section 3. That the City Council hereby grants the Interim City Manager the
following additional compensation and benefits, together with the benefits otherwise provided
to her as a City employee:
a. Increase the vacation rollover accrual cap to 780 hours during the interim
appointment; and
b. At the end of the interim appointment allow the Interim City Manager to elect to
receive a cash payout of unused, accrued vacation time up to 120 hours.
Introduced, considered favorably on first reading, and ordered published this 4th day of
August, A.D. 2021, and to be presented for final passage on the 7th day of September,
A.D. 2021.
Mayor
ATTEST:
Interim City Clerk
Passed and adopted on final reading on 7th day of September, A.D. 2021.
Mayor
ATTEST:
Interim City Clerk
3.2
Packet Pg. 68 Attachment: Ordinance No. 099, 2021 (10552 : SR 099 Interim City Manager Compensation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Mike Calhoon, Director of Parks
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 100, 2021, Appropriating Prior Year Reserves and Authorizing a Transfer in
the General Fund for the March 2021 Snowstorm Tree and Branch Cleanup.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $306,819 in General Fund reserves to cover the unanticipated costs
associated with the tree and branch cleanup from the March 13-14 spring snowstorm to various City funds.
This appropriation request will be used for the direct costs associated with the cleanup effort but not covered in
the operating budget. This includes personnel overtime, contractor costs, equipment rental and br anch drop
off site charges that are uniquely and directly related to the snowstorm cleanup.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The snowstorm began on Saturday, March 13, 2021, and lasted through Sunday, March 14, 2021. During that
time approximately 25 inches of heavy wet snow fell across the city. This snowstorm produced over 4 inches of
moisture. The hardest hit species were Hackberry, Ash and Siberian Elm trees. The hardest hit section of
town was bordered on the north by Vine, east by Riverside, south by Prospect and west by Taft Hill Road.
There was substantial damage to trees throughout Fort Collins that impacted rights -of-way, residential areas,
City trees, City parks, cemeteries, golf courses and downtown Fort Collins. The organization quickly
transitioned from snow removal to debris cleanup mode to clear roads of debris and address critical safety
hazards.
Per the Urban Forest Storm Response Plan, the hardest hit area was determined to have reached the Severe
class of damage with a response of curbside branch pickup. The remainder of town was classified as
Moderate, which drives the decision to open branch drop off sites for residents. The City offered two locations
for residents to drop off branches: Hageman Earth Cycle provided free branch drop off under a contract with
the City, and Colorado State University allowed the City to open a second branch drop off at the old Hughes
Stadium site free of charge. The drop off sites were open for six weeks to allow residents ample time to clean
up their property. Grinding operations were completed in May along with two free mulch giveaway days.
Neighborhood Resources quickly created a volunteer base to assist residents who c ould not perform their own
work and/or transportation. Corrective pruning was completed within four months after the storm.
CITY FINANCIAL IMPACTS
The table below displays the costs for the tree branch cleanup. The total appropriation requested from
General Fund reserves is a maximum of $306,819. The direct costs include contractual pruning, equipment
4
Packet Pg. 69
Agenda Item 4
Item # 4 Page 2
rental, overtime, fuel and equipment costs. Redeployed costs will be absorbed by the individual
Department/Division.
Department/Division Redeployed Cost Direct Cost Total Cost
Streets $ 84,476 $ 41,599 $ 126,075
Parks $ 26,744 $ 26,744
Forestry $ 122,183 $ 265,220 $ 387,403
Natural Areas $ 4,700 $ 4,700
Total Storm Costs $ 238,103 $ 306,819 $ 544,922
BOARD / COMMISSION RECOMMENDATION
Council Finance Committee unanimously supported this appropriation at its July 7, 2021, meeting.
ATTACHMENTS
1. Council Finance Committee Minutes (PDF)
4
Packet Pg. 70
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
July 7, 2021
3:00 - 5:00 pm
Zoom Meeting
Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Gorgol
Staff: Kelly DiMartino, Kyle Stannert, Travis Storin, John Duval, Jackie Kozak Thiel,
Ginny Sawyer, SeonAh Kendall, Blaine Dunn, Kelley Vodden, Jordan Granath,
Lawrence Pollack, Dave Lenz, Jo Cech, Zack Mozer, Victoria Shaw, Caroline
Mitchell, Mike Calhoon, Kendra Boot, Drew Brooks, Dean Klingner, Phil Ladd,
Lance Smith
Others: Kevin Jones, Chamber
Chris Telli, BKD LLP
Anna Thigpen, BKD LLP
____________________________________________________________________________________
Meeting called to order at 3:00 pm
A.2021 Winter Storm Clean Up Appropriation
Mike Calhoon, Director of Parks
Kendra Boot, City Forester
EXECUTIVE SUMMARY This report will update Council Finance Committee on the response to the March 13 th
and 14th spring snowstorm and the associated direct and redeploy costs associated with the recovery.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does the Council Finance Committee support the request for an appropriation of direct costs in response to the
March 13-14, 2021, snowstorm?
BACKGROUND/DISCUSSION The snowstorm began Saturday, March 13, 2021, and lasted through Sunday,
March 14, 2021. During that time 25+ inches of heavy, wet snow fell across the city. Moisture content in the
snow was in excess of 3-inches. The hardest hit area (bullseye) was bordered by Riverside and Taft on the east
and west and Vine and Prospect on the north and south.
There was substantial damage to trees throughout Fort Collins that impacted rights-of-way, residential areas,
City trees, City parks, cemeteries, golf courses and downtown Fort Collins. The organization quickly transitioned
from snow removal to debris cleanup mode to clear roads of debris and address critical safety hazards.
ATTACHMENT 1 4.1
Packet Pg. 71 Attachment: Council Finance Committee Minutes (10548 : Tree and Branch Cleanup Appropriation)
The City provided curbside branch pickup in the bullseye and offered two locations for citizens to drop off
branches free of charge. A contractual arrangement was completed with Hageman Earth Cycle to provide a site
on the east side of town. On the west side of town, Colorado State University allowed the use of the old Hughes
Stadium site for a branch drop-off. The drop-off sites were open for six weeks to allow residents to clean and
haul their branches for recycling. Grinding operations have been completed with two free mulch giveaways
being completed. Over 1200 vehicles/trailers were filled with recycled mulch during these giveaways.
Costs associated with the response and recovery:
Direct Costs $306,819
Redeploy Costs $238,133
Total Storm Costs $544,952
Discussion / Next Steps;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does the Council Finance Committee support the request for an appropriation of direct costs in response to the
March 13-14, 2021, snowstorm?
Emily Gorgol; I support the appropriation. I want to thank everyone for your great work – it was a true rapid
response – a great job! I met so many people who were amazed that 1) the city was plowing streets and
driveways and 2) that the city was offering free branch drop off. One piece of feedback - renters had a hard
time working with landlords especially with landlords out of state.
Kelly Ohlson; I support the allocation of funds.
Julie Pignataro; I support the appropriation. I appreciate the lessons learned – keep being more dynamic and
figuring it out.
Meeting adjourned at 4:55 pm
4.1
Packet Pg. 72 Attachment: Council Finance Committee Minutes (10548 : Tree and Branch Cleanup Appropriation)
-1-
ORDINANCE NO. 100, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
A TRANSFER IN THE GENERAL FUND FOR THE MARCH 2021
SNOWSTORM TREE AND BRANCH CLEANUP
WHEREAS, Fort Collins experienced a heavy snowstorm on March 13-14, 2021, during
which approximately twenty-five inches of snow fell across the city; and
WHEREAS, the snowstorm caused substantial damage to trees throughout the city that
impacted rights-of-way, residential areas, parks, cemeteries, golf courses and the Downtown
area; and
WHEREAS, the City conducted curbside branch pickup operations in the most severely
impacted areas of the City and opened branch drop-off sites for residents for six weeks; and
WHEREAS, the City incurred unanticipated costs for the tree and branch cleanup
operations, including for contractual pruning, equipment rental, overtime, fuel and equipment
costs; and
WHEREAS, the direct costs to the City for tree and branch cleanup operations not
otherwise covered by existing operating budgets totaled $306,819; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing for community-wide
snowstorm tree and branch cleanup; 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 the Transportation Services Fund and will not cause the total amount appropriated in
the General Fund and Transportation Services 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; 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
Packet Pg. 73
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WHEREAS, the City Manager has recommended the transfer of $41,599 from the
General Fund to the Transportation Services 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 General Fund
the sum of TWO HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED TWENTY
DOLLARS ($265,220) for expenditure from the General Fund by the Forestry Division for the
March 2021 snowstorm tree and branch cleanup costs.
Section 3. That there is hereby appropriated from prior year reserves in the General Fund
the sum of FORTY-ONE THOUSAND FIVE HUNDRED NINETY-NINE DOLLARS
($41,599) for transfer to and expenditure within the Transportation Services Fund by the Streets
Department for the March 2021 snowstorm tree and branch cleanup costs.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 74
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 101, 2021, Appropriating Philanthropic Revenue Received Through City Give
for Active Modes to Address the Needs of Populations Disproportionately Harmed by the Impacts of COVID-
19.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $50,000 in philanthropic revenue received through
City Give for Active Modes in the FC Moves Department. A ‘Streets for Pandemic Response and Recovery ’
grant has been awarded and designated by the National Association of City Transportation Officials
(“NACTO”), in partnership with Bloomberg Philanthropies, to address the needs o f populations
disproportionately harmed by COVID-19’s public health, social, and economic impacts through community-
based partnerships to spark physical or operational changes to public space.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The ‘Streets for Pandemic Response and Recovery ’ will underwrite Active Modes for the development of a
community-driven asphalt art program. Community applicants will: propose designs and locations for asphalt
art installation, collaborate with City staff, seek approval from surrounding neighbors, and then fund, install,
and maintain the asphalt art.
The $50,000 in philanthropic revenue to Active Modes will also be used to establish a “Paint Pot” opportunity
fund for low-income neighborhoods to design, install and maintain asphalt art projects in low -income
neighborhoods. The award also funds Bike Fort Collins to engage and provide technical support to historically
marginalized and underrepresented communities with painted intersection projects.
NACTO’s mission is to build cities as places for people, with safe, sustainable, accessible, and equitable
transportation choices that support a strong economy and vibrant quality of life. NACTO awarded ten ‘Streets
for Pandemic Response and Recovery’ grants to transportation agencies that demonstrated support for those
who have been particularly hard-hit by the coronavirus pandemic. Submissions were prioritized by applications
articulating defined community outcomes, project readiness, and strong community partnerships.
The City Manager recommends the appropriation described herein and determined that this appropriation is
available and previously unappropriated from the Transportation Services Fund and will not cause t he total
amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in the Transportation Services Fund during this fiscal
year.
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Agenda Item 5
Item # 5 Page 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $50,000 in philanthropic revenue in the Transportation Services Fund for
Active Modes in the FC Moves department to address the needs of populations disproportionately harmed by
the impacts of COVID-19. The funds have been received and accepted per City Give Administrative and
Financial Policy.
PUBLIC OUTREACH
The grant application was developed in partnership with Bike Fort Collins, the Built Environment Program at
the Larimer County Department of Health and Environment, and Mujures de Colores.
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ORDINANCE NO. 101, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE
RECEIVED THROUGH CITY GIVE FOR ACTIVE MODES TO ADDRESS THE NEEDS OF
POPULATIONS DISPROPORTIONATELY HARMED BY THE IMPACTS OF COVID -19
WHEREAS, Active Modes is a transportation work program within the FC Moves
department, which is housed in the City’s Planning, Development, and Transportation division;
and
WHEREAS, FC Moves exists to advance mobility solutions to increase walking,
bicycling, transit use, shared and environmentally sustainable modes; and
WHEREAS, one of the values of FC Moves is to recognize inequities and address them
by continually adjusting policies, programs, projects, and practices to serve economically and
socially disadvantaged groups; and
WHEREAS, a ‘Streets for Pandemic Response and Recovery’ grant (the “Grant”) of
$50,000 has been awarded and designated by the National Association of City Transportation
Officials (“NACTO”), in partnership with Bloomberg Philanthropies, to address the needs of
populations disproportionately harmed by COVID-19’s public health, social, and economic
impacts through community-based partnerships to spark physical or operational changes to
public space; and
WHEREAS, NACTO’s mission is to build cities as places for people, with safe,
sustainable, accessible, and equitable transportation choices that support a strong economy and
vibrant quality of life; and
WHEREAS, Active Modes received one of ten such grants awarded to transportation
agencies in 2021 that demonstrated support for those who have been particularly hard-hit by the
coronavirus pandemic, prioritizing applications that articulated defined community outcomes,
project readiness, and strong community partnerships; and
WHEREAS, the Grant will underwrite Active Modes for the development of a
community-driven asphalt art program by which community applicants will propose designs and
locations for asphalt art installation, collaborate with City staff, seek approval from surrounding
neighbors, and then fund, install, and maintain the asphalt art; and
WHEREAS, the Grant also will be used to establish a “Paint Pot” opportunity fund for
low-income neighborhoods to design, install, and maintain asphalt art projects in low-income
neighborhoods; and
WHEREAS, the Grant also will provide funding to Bike Fort Collins, an independent
Fort Collins/Northern Colorado-based 501(c)(3) nonprofit bicycle advocacy and bicycle
education organization (with which the City of Fort Collins partners on other projects), to engage
and provide technical support to historically excluded and underrepresented communities with
painted intersection projects; and
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WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of serving disadvantaged groups in
historically excluded and underrepresented communities and contributing to the vibrancy of Fort
Collins by making art fun and accessible; 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
Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services 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 Transportation Services Fund the sum of FIFTY THOUSAND DOLLARS
($50,000) for expenditure in the Transportation Services Fund for Active Modes to address the
needs of populations disproportionately harmed by the impacts of COVID-19.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 79
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Nina Bodenhamer, City Give Director
Adam Stephens, Legal
SUBJECT
First Reading of Ordinance No. 102, 2021, Appropriating Philanthropic Revenue Received Through City Give
for Neighborhood Services to Support Healthy Outcomes for Mobile Home Park Residents’ Homes and
Personal Wellbeing.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $23,166.32 in philanthropic revenue in the General Fund for use by
the City’s Neighborhood Services department.
Neighborhood Services has been awarded a grant of $23,166 through the 2021 AARP Community Challenge
with the designated intent to support healthy outcomes for residents’ homes and personal wellbeing through an
October 2021 resource fair and community cleanup at two locations: North College and Skyline mobile home
communities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
AARP is the nation’s largest nonprofit, nonpartisan organization dedicated to empowering people to choose
how they live as they age. AARP works to strengthen communities and advocate for what matters most to
families-with a focus on health security, financial stability, and personal fulfillment. The 2021 AARP Community
Challenge received 3,560 Challenge applications nationwide.
Neighborhood Services offers a variety of services and programming to promote quality neighborhoods from a
Neighborhood Grant Program to free and confidential conflict resolution services.
The grant will fund a WELL (Winterize, Energize, Lift up, and Love) resource fair and community cleanup in
October at two locations: North College and Skyline mobile home communities. The resource fair is designed
to address livability issues, engage with residents, and improve health outcomes for seniors.
Each resource fair will be a one-day event featuring a number of City and community partners, including
Utilities, Healthy Homes, the Office on Aging, Senior Access Points, and more. All activities will be conducted
in accordance with CDC, state and local health regulations.
This event is part of the education/engagement work within the City’s Mobile Home Park (MHP) enforcement
program and will support residents and MHPs in achieving voluntary compliance, as we strengthen the City’s
relationship with the parks and reduce the negative impact that the winter season can have upon this
vulnerable population.
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Agenda Item 6
Item # 6 Page 2
The Interim City Manager recommends the appropriation described herein, has deter mined 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, is recommending the transfer described herein, and
has determined that the purpose for which the transferred funds are to be expended remains unchanged.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $23,166.32 in philanthropic revenue in the General Fund for use by
Neighborhood Services, Community Development and Neighborhood Services, Planning, Development &
Transportation.
The funds have been received and accepted per City Give Administrative and Financial Pol icy.
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ORDINANCE NO. 102, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE
FOR NEIGHBORHOOD SERVICES TO SUPPORT HEALTHY OUTCOMES FOR MOBILE
HOME PARK RESIDENTS’
HOMES AND PERSONAL WELLBEING
WHEREAS, the American Association of Retired Persons (AARP) is the nation’s largest
nonprofit, nonpartisan organization dedicated to empowering people to choose how they live as
they age; and
WHEREAS, AARP works to strengthen communities and advocate for what matters
most to families-with a focus on health security, financial stability, and personal fulfillment; and
WHEREAS, Neighborhood Services has been awarded a grant of $23,166 through the
2021 AARP Community Challenge with the designated intent to support healthy outcomes for
residents’ homes and personal wellbeing by funding an October 2021 WELL (Winterize,
Energize, Lift up, and Love) resource fair and community cleanup at two locations: North
College and Skyline mobile home communities; and
WHEREAS, each resource fair will be a one-day event featuring several City and
community partners, including Utilities, Healthy Homes, the Office on Aging, Senior Access
Points and more, designed to address livability issues, engage with residents, and improve health
outcomes for seniors, with all activities conducted in accordance with CDC, state and local
health regulations; and
WHEREAS, this event is part of the education/engagement work within the City’s
Mobile Home Park (MHP) enforcement program and will support residents and MHPs in
achieving voluntary compliance, as we strengthen the City’s relationship with the parks and
reduce the negative impact that the winter season can have upon this vulnerable population; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves a public purpose by protecting a vulnerable elderly and lower
income population of mobile home park residents by funding a resource fair and community
cleanup events at two mobile home parks located in the City; 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
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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 TWENTY-THREE THOUSAND ONE HUNDRED SIXTY-SIX
DOLLARS ($23,166) for expenditure in the General Fund for Neighborhood Services to support
the WELL resource fair and community cleanup event.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 83
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Jim McDonald, Cultural Services Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 103, 2021, Appropriating Unanticipated Shuttered Venue Operators Grant
Revenue in the Cultural Services & Facilities Fund for the Lincoln Center.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services & Facilities
Fund for the Lincoln Center operations. This appropriation includes $1,243,768 of grant revenues awarded on
July 15, 2021, provided by the federal government through the Small Business Administration to support
personnel or business expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Shuttered Venue Operators Grant (SVOG) was established by the Economic Aid to Hard -Hit Small
Businesses, Nonprofits, and Venues Act and amended by the American Rescue Plan Act. The program includes
more than $16 billion in grants to shuttered venues. It is administered by the Small Business Administration’s
Office of Disaster Assistance. The SVOG program provides support to live venue operators or promoters,
theatrical producers, live performing arts organization operators, museum operators, motion picture theater
operators or owners, and talent representatives, including entities of these types owned by state or local
governments. This funding initiative was signed into law on December 27, 2020, as S ection 324 of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, part of the Consolidated Appropriations Act, 2021
(Public Law No.116-260). That Section 324 was amended by Section 5005 of the American Rescue Plan Act
(Public Law No. 117-2), which was signed into law on March 11, 2021. The grant requires that the funds be utilized
to support specific and approved budgeted expenses including support for contractors (artists), which represents
$563,000 of the total grant amount. Funds may only be expended on allowable costs incurred during the period
beginning on March 1, 2020, through December 31, 2021. All funds must be spent by July 14, 2022.
CITY FINANCIAL IMPACTS
Lincoln Center resources in the Cultural Services & Facilities Fund would increa se by $1,243,768. There are
no matching fund requirements
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ORDINANCE NO. 103, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED SHUTTERED VENUE OPERATORS GRANT
REVENUE IN THE CULTURAL SERVICES & FACILITIES FUND FOR THE
LINCOLN CENTER
WHEREAS, the City of Fort Collins has been awarded a grant in the amount of
$1,243,768 (the “Grant”) by the Small Business Administration’s Office of Disaster Assistance
through the Shuttered Venue Operators Grant (“SVOG”) program; and
WHEREAS, the SVOG provides financial support to live venue operators or promoters,
theatrical producers, live performing arts organization operators, museum operators, motion
picture theater operators or owners, and talent representatives, including entities of these types
owned by state or local governments; and
WHEREAS, the Grant may be used for a variety of types of expenses, including payroll
costs, utility costs, worker protection costs, payments to independent contractors, and
advertising, transportation, and capital expenditures related to producing a theatrical or live
performing arts production; and
WHEREAS, Grant funds must be expended by July 14, 2022, on expenses allowed under
the SVOG program; and
WHEREAS, the Grant does not require a financial or in-kind match by the City; and
WHEREAS, to receive the Grant the City must sign and return a Notice of Award from
the U.S. Small Business Association, requiring the City to comply with applicable federal
regulations, including the uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards; and
WHEREAS, this appropriation benefits public health, safety and welfare of the residents
of Fort Collins and serves the public purpose of supporting the performing and visual arts in the
Fort Collins community; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council 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 any fiscal year.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager, or their
designee, to execute the Notice of Award or other forms reasonably required for purposes of
receiving the Grant.
Section 3. That there is hereby appropriated from unanticipated grant revenue in the
Cultural Services & Facilities Fund the sum of ONE MILLION TWO HUNDRED FORTY-
THREE THOUSAND SEVEN HUNDRED SIXTY-EIGHT DOLLARS ($1,243,768) for
expenditure by the Lincoln Center in the Cultural Services & Facilities Fund on allowable
expenses under the Grant.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 86
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Honore Depew, Interim Policy and Project Manager
Jim Lenderts, Special Operations Officer
Adam Stephens, Legal
SUBJECT
Items Related to Local Marijuana Codes.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 104, 2021, Amending Chapter 15, Article XVI of the Code of the City of
Fort Collins Regulating Medical Marijuana Businesses to Update, Clarify and Align City Code with State
Law.
B. First Reading of Ordinance No. 105, 2021, Amending Chapter 15, Article XVII of the Code of the City of
Fort Collins Regulating Retail Marijuana Businesses to Update, Clarify and Align City Code with State Law.
The purpose of these items is to update and align two City marijuana Code provisions with state law at the
request of the industry. Since the adoption of local marijuana regulations in 2010 and 2012 , many City
requirements are now covered in state law. There are also minor differences tha t if aligned will be more easily
communicated for public awareness and licensing enforcement. Further, staff recommends two other changes
to City Code to address additional local control and social equity concerns regarding access to the legal
marijuana industry.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City has regulated and licensed medical and retail marijuana businesses since 2010 and 2012
respectively. Changes to marijuana law continue to emerge at the state level on a regular basis.
These Ordinances align the two articles of the City Code related to marijuana businesses to certain changes in
state regulations for both medical and retail licenses and address additional local con trol and social equity
concerns regarding access to the legal marijuana industry.
Proposed amendments include the following:
Chapter 15:
• Persons Prohibited as Licensees: Amend Sections 15-474 (Medical Code) and 15-614 (Retail Code),
changing the restriction on who may be issued a license from having a felony within the last 10 years to
within the last 3 years. The proposed changes will align with state law and replicate the state criminal
background check requirements. This change also addresses social equity concerns in marijuana
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Agenda Item 8
Item # 8 Page 2
legalization.
• Prohibited Acts: Amend Section 15-482 (b)(2) (Medical Code). Changes the allowable sale amount of
medical marijuana from 2 ounces within a 7-day period to mirror state law by removing the 7-day period
between sales of medical marijuana to patients and instead align ing City Code with 2020 C.R.S. § 44-10-
501(10)(a), to permit the purchase of not more than two ounces of medical marijuana flower, forty grams of
medical marijuana concentrate, or medical marijuana products containing a combined total of twenty
thousand milligrams per patient in a single business day.
• Local Licensing Authority: Amend Sections 15-462 (Medical Code) and Sec 15-605 (Retail Code) to
allow the Chief Municipal Judge or their designee to act as the Licensing Authority effective January 1,
2022. The proposed change will allow for additional local control and potential cost savings. To date, the
City has been contracting out for this service. The current hearing officer’s contract will expire on
December 31, 2021.
• Operating Hours of Regulated Marijuana Businesses: Amend Section 15-620 (f and g) (Retail Code).
Changes the current operating hours of retail marijuana stores from 8:00 am to 8:00 pm to 8:00 am to
12:00 am, which is consistent with state law, and eliminate a duplicate subparagraph.
• Regulate Odor from All Retail Marijuana Businesses: Amend Section 15-621(c) (Retail Code). Prohibits
the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond t he
property line of all retail marijuana businesses rather than just at cultivation facilities. Staff makes this
recommendation to this local regulation due to lawful industry practice of preparing smoking products for
individual sale.
Having both licensed and enforced marijuana regulations for the last 10-years, staff supports these changes
and does not anticipate any negative unintended consequences.
In November 2017, voters approved an amendment to the voter-approved provisions of the City Code that
allows Council to adopt amendments to or add provisions to Chapter 15 pertaining to medical marijuana
licensing to stay current with applicable state laws, rules and regulations, so long as such amendments or
additions are not contrary to and do not eliminate any of the 2012 voter-approved provisions. The City sought
the 2017 amendment in anticipation of the need for changes due to evolution of state law.
PUBLIC OUTREACH
Staff meets quarterly with marijuana business owners to communicate any potential legal changes as well as
relay new regulations at both the state and local levels. Staff discussed these proposed changes with local
marijuana business owners in Quarter 2 of 2021. In addition, owners were informally surveyed about the
possibility of further changes in 2021 addressing State law (new license types, such as social equity and
accelerator). Staff will continue to engage the marijuana industry as additional Code changes are evaluated.
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ORDINANCE NO. 104, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVI OF THE CODE OF THE CITY OF FORT
COLLINS REGULATING MEDICAL MARIJUANA BUSINESSES TO UPDATE, CLARIFY
AND ALIGN CITY CODE WITH STATE LAW
WHEREAS, the City has regulated and licensed medical marijuana businesses since 2010
and changes to marijuana industry practice, administrative regulations and state law continue to
emerge on a regular basis; and
WHEREAS, in November 2017, voters approved an amendment to the City Code that
allows the City Council to adopt amendments to or add provisions to Chapter 15 pertaining to
medical marijuana licensing to stay current with applicable state laws, rules and regulations, so
long as such amendments or additions are not contrary to and do not eliminate any of the 2012
voter-approved provisions; and
WHEREAS, City staff conducts regular quarterly meetings with City marijuana business
licensees and at the last meeting of Quarter 2, 2021, the marijuana business licensees requested
the City to consider removing the seven day waiting period between the sale of medical
marijuana to patients and instead align the City Code with 2020 Colorado Revised Statutes
Section 44-10-501(10)(a), which currently permits the daily purchase of not more than two
ounces of medical marijuana flower, forty grams of medical marijuana concentrate, or medical
marijuana products containing a combined total of twenty thousand milligrams to a patient in a
single business day; and
WHEREAS, staff is also recommending changes to the City Code regarding medical
Marijuana businesses to do the following:
• Amend Section 15-462 of the City Code to allow the Chief Municipal Judge or their
designee to act as the Licensing Authority, which would align with current practi ce for
the Liquor Authority and provide additional local control and potential cost savings since,
to date, the City has been contracting out for this service;
• Amend Section 15-474 of the City Code to change the restriction on criminal
backgrounds of licensees to align with current state criminal background check
requirements and address social equity concerns to access into lawful marijuana
licensure; and
• Amend Section 15-482 of the City Code to mirror state law by changing the allowable
sale amount of medical marijuana from two ounces within a seven-day period to daily
limits to align with current industry sales records practice and state regulations and
provide consistency in public expectation and licensing enforcement; and
WHEREAS, Council has determined that the proposed amendments will be beneficial
and will advance the interests of the Fort Collins community by updating local provisions to
conform to state law and in general.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 15-462 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-462. Composition.
The Authority shall be a person appointed by the City Manager the Chief Municipal Judge or
their designee.
Section 3. That Section 15-474(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-474. Persons prohibited as licensees.
No license shall be issued to, held by or renewed by any of the following:
(1) any natural person who has been released within the ten (10) three (3) years
immediately preceding the application from any form of incarceration or court-ordered
supervision, including a deferred sentence, resulting from a conviction of any felony or
any crime which under the laws of the State would be a felony; or any crime of which
fraud or intent to defraud was an element, whether in the State or elsewhere; or any
felonious crime of violence, whether in the State or elsewhere;
. . .
Section 4. That Section 15-482(b)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-482. Prohibited acts.
. . .
(b) It shall be unlawful for any licensee holding a medical marijuana centerstore license, or
for any agent, manager or employee thereof, to:
. . .
(2) sell, give, dispense or otherwise distribute to any patient or primary caregiver who
is not a licensee more than two (2) ounces of any usable form of medical marijuana
(excluding medical marijuana-infused products) within any seven-day period of time any
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amount of marijuana flower, marijuana concentrate or marijuana product in excess of the
daily limits prescribed in Section 44-10-501(10)(a), C.R.S. or any state administrative
rule governing the same.
. . .
Section 5. That Section 2 of this Ordinance is not effective until January 1, 2022.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of September, A.D. 2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 91
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ORDINANCE NO. 105, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF FORT
COLLINS REGULATING RETAIL MARIJUANA BUSINESSES TO UPDATE, CLARIFY
AND ALIGN CITY CODE WITH STATE LAW
WHEREAS, the City has regulated and licensed retail marijuana businesses since 2012
and changes to marijuana law continue to emerge at the state level on a regular basis; and
WHEREAS, City staff conducts regular quarterly meetings with City marijuana business
licensees and at the last meeting of Quarter 2, 2021, the marijuana business licensees requested
the City to consider amending the City Code to extend daily business hours past 8 p.m.,
consistent with state law, and
WHEREAS, staff is also recommending changes to the City Code regarding retail
Marijuana businesses to do the following:
• Amend Section 15-605 of the City Code to allow the Chief Municipal Judge or their
designee to act as the Licensing Authority, which would align with current practice for
the Liquor Authority and provide additional local control and potential cost savings,
since, to date, the City has been contracting out for this service;
• Amend Section 15-614 of the City Code to change the restriction on criminal
backgrounds of licensees to align with state criminal background check requirements and
address social equity concerns to access into lawful marijuana licensure;
• Amend Section 15-620 of the City Code to change the current operating hours of retail
marijuana stores from 8:00 am to 8:00 pm to 8:00 am to 12:00 am in alignment with
current state law, and to eliminate a duplicate subparagraph; and
• Amend Section 15-621 of the City Code to regulate odor from all retail marijuana
businesses, rather than just cultivation facilities, to close a loophole and address
neighborhood concerns regarding the smell of marijuana at any licensed marijuana
facility; and
WHEREAS, Council has determined that the proposed amendments will be beneficial
and will advance the interests of the Fort Collins community by updating local provisions to
conform to state law and in general.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That Section 15-605 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-605. Composition.
The Authority shall be a person appointed by the City Manager the Chief Municipal Judge or
their designee.
Section 3. That Section 15-614(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-614. Persons prohibited as licensees.
No license shall be issued to, held by or renewed by any of the following:
. . .
(3) Any natural person who has been released within the ten (10) three (3) years
immediately preceding the application from any form of incarceration or court-ordered
supervision, including a deferred sentence resulting from a conviction of any felony or
any crime which under the laws of the State would be a felony; or any crime of which
fraud or intent to defraud was an element, whether in the State or elsewhere;
. . .
Section 4. That Section 15-620 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-620. Prohibited acts.
. . .
(f) It shall be unlawful for any licensee to sell marijuana or marijuana products at a licensed
retail marijuana store at any time other than between the hours of 8:00 a.m. and 8:00 p.m. 12
a.m. daily.
(g) It shall be unlawful for any licensee to sell marijuana or marijuana products at a licensed
retail marijuana store at any time other than between the hours of 8:00 a.m. and 8:00 p.m. daily.
Section 5. That Section 15-621(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-621. Visibility of activities; control of emissions.
. . .
Packet Pg. 93
-3-
(c) No retail marijuana business cultivation activity shall result in the emission of any gas,
vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the
establishment at which the retail marijuana business cultivation occurs. Sufficient measures and
means of preventing the escape of such substances from a retail marijuan a business must be
provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other
substances exit a retail marijuana business, the owner of the subject premises and the licensee
shall be jointly and severally liable for such conditions and shall be responsible for immediate,
full clean-up and correction of such condition. The licensee shall properly dispose of all such
materials, items and other substances in a safe, sanitary and secure manner and in accordance
with all applicable federal, state and local laws and regulations.
Section 6. That Section 2 of this Ordinance is not effective until January 1, 2022.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of September, A.D. 2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 94
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Tracy Dyer, Engineering Project Manager
Keith Hanson, Real Estate Manager
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 106, 2021, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Lands Necessary to Construct Public Improvements for the North Mason Stormwater Project and the
North Mason Street Alignment from Alpine Street to Hickory Street.
EXECUTIVE SUMMARY
The purpose of this item is to o btain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements from Alpine Street to Hickory
Street for the North Mason Stormwater Project and the North Mason Street alignment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
North Mason Street was first included in the City's transportation planning Master Street Plan in March 2000.
The Plan identifies North Mason Street as a planned collector street beginning at its intersection with Hemlock
Street to the south and ending to the north where State Highway 1 and U.S. Highway 287 meet. North Mason
Street would be a parallel corridor to North College Avenue (U.S. 287), which continues to see increased
volumes of traffic. The Colorado Department of Transportation, in partnership with the City and Larimer
County, developed an Access Control Plan in April 2000. The Access Control Plan was intended to be a
detailed, long-range plan addressing how access in the North College Avenue corridor should be treated, the
cost for the recommended access modifications, and the relative priority of the improvements. That plan
identifies a series of raised medians within North College Avenue to limit access that causes further congestion
and accidents within the corridor. The City’s Master Street Plan aids in providing alternative access and
circulation to adjacent parcels within corridors that parallel North College Avenue, one of whic h would be North
Mason Street. A large portion of the improvements identified in CDOT’s Access Control Plan were constructed
between 2010 and 2015.
The alignment of North Mason Street is generally bounded by the Larimer and Weld Canal to the north, North
College Avenue to the east, the Poudre River to the south, and the Union Pacific Railroad to the west. This
general area has a history of poor drainage conditions, and the existing portion of North Mason Street between
Alpine Street and Hemlock Street currently lacks a stormwater drainage system.
The lands sought to be acquired through this Ordinance would provide a continuous alignment of North Mason
Street between Alpine Street and Hickory Street, by extending North Mason Street from Hemlock Street
northward to Hickory Street. This continuous alignment comes in advance of the City's Stormwater Capital
Improvements Project, which includes proposed North Mason Street stormwater improvements.
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Agenda Item 9
Item # 9 Page 2
This project has been included in the Utility groups' capital projects master list and was moved up in priority
when a funding contribution by the North College Urban Renewal Authority became available. The Stormwater
Capital Improvements Project is a key piece of infrastructure that will aid in the development and
redevelopment of the North College corridor. The project also includes preliminary design of water and
wastewater infrastructure parallel to the proposed North Mason storm sewer.
The property interests sought to be acquired through this ordinance includ e only right-of-way at this time. Of
the parcels for which authorization is sought, there are two that are almost certainly owned by the City. The
general area where the parcels are located was originally platted in 1892, which included the delineation of
certain public streets. In the 1920s, some portion of those streets may have been vacated, but the property
deeds are inconsistent with respect to the vacation of streets. Staff has reviewed all available documentation
in City archives and the Larimer County Clerk & Recorder’s records and is reasonably confident that the City
owns these two parcels. However, in an abundance of caution City staff is including these City -owned parcels
in the request for eminent domain authorization as a precaution in case a property owner produces
documentation that proves the City does not own those parcels. Including the City -owned parcels does not
require the City to expend money for those parcels. It does allow staff to continue with the acquisition process
if it is shown the City does not own them without returning to Council for further authorization and restarting the
eminent domain timeline.
If and when the subject parcels under this Ordinance develop or redevelop, the owner would be responsible for
the dedication of necessary easements to the City. Given that construction for the project is currently
scheduled to begin in 2022, timely acquisition of the property interests is necessary. Staff has been meeting
with the affected property owners to discuss the project design and the potential impacts to their respective
properties.
At those meetings, staff notified the property owners that staff would be asking Council to authorize the use of
eminent domain to acquire necessary property interests, if needed. In addition, the affected property owners
were notified by certified mail of this request to Council for authorization of eminent domain prior to the first
reading of this Ordinance. Staff will continue to work with property owners prior to acquiring needed pr operty
interests to address individual site considerations while still achieving the improvements goals of the project.
Colorado statute requires that the City inform property owners about the possible use of eminent domain and
their rights in an official Notice of Intent to Acquire letter. The authorization from Council is needed prior to
sending this information to property owners. The Notice of Intent to Acquire letter is the first official step in the
acquisition phase and happens prior to any appr aisals. Staff fully intends to negotiate in good faith with all
affected owners and is optimistic that all property negotiations can be completed prior to the start of the
project. However, staff is requesting authorization to use eminent domain in the ev ent an agreement cannot be
reached with the owners to ensure that the project can proceed in an efficient and timely manner.
How and When City Staff Uses Eminent Domain
When staff is planning a project, it considers the amount of land required and whethe r the City will need to
acquire private property regardless of whether an agreement with the property owner to purchase the land can
be reached. If an acquisition is necessary, staff requests Council to authorize the use of eminent domain if
necessary. Once an ordinance is adopted, the team continues to coordinate with the impacted property
owners to finalize project plans. Once plans are finalized, the City sends the property owner a Notice of Intent
to Acquire letter by certified mail. The letter explains what the City needs for the project. Then the City gets an
appraisal of the property to determine its fair market value and sometimes the owner will get their own
appraisal. Based on the value of the property interest to be acquired, the owner may b e entitled to be
reimbursed by the City for their appraisal.
The City then makes the owner an offer for the property it needs based on fair market value. The City and the
property owner negotiate to reach an agreement to buy the necessary property interests. If an agreement
cannot be reached, the City may file an eminent domain case in court. The City can then receive possession
and use of the property to keep the project on schedule while the City and property owner continue to
negotiate the price. If the City and the owner can’t reach agreement, the court decides what the City must pay
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Agenda Item 9
Item # 9 Page 3
for the property it needs. In most cases, however, the City and the property owner reach an agreement before
the case gets to that point.
Staff recommends that Council authorize the use of eminent domain for this project to provide a fair and
equitable process that will allow the City to meet project design and construction deadlines while still ensuring
all property owners are fairly compensated for the property rights the City acquires. Condemnation will only be
used as necessary if the City is unable to reach an agreement with a property owner through good faith
negotiations.
Obtaining eminent domain authority will:
• Allow staff to develop project timelines with more certainty.
• Help keep a planned property acquisition schedule, reducing the risk and cost of unexpected future delays.
• Ensure consistent messaging to affected property owners.
CITY FINANCIAL IMPACTS
This action will not authorize any new funding for the project but will only authorize acquisition of the identified
parcels. The existing funding in place for the design and construction of the improvements is as follows:
Funding Summary Amount Appropriated
N. College Urban Renewal Authority $300,000 Yes
Transportation Capital Expansion Fee Reserves 2019-2020 $399,120 Yes
Transportation Service Funds - Ongoing Revenue $880 Yes
Total: $700,000
BOARD / COMMISSION RECOMMENDATION
Staff has discussed the project with the North College Plan Area Citizen Advisory Group, which provides input
to the Urban Renewal Authority.
PUBLIC OUTREACH
Staff and an outside acquisition consultant have met or conversed individually with property owners on multiple
occasions regarding design and construction details. Staff has also attempted to discuss the project with the
single existing business that is affected by the acquisition. That property owner declined to discuss any of the
details of the project with staff or their agents. Staff will remain available to discuss the project with that
property owner.
ATTACHMENTS
1. Location Map (PDF)
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Project Location Map
Mason Property Acquisition
ATTACHMENT 1 9.1
Packet Pg. 98 Attachment: Location Map (10315 : Mason Street ROW Eminent Domain)
-1-
ORDINANCE NO. 106, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
FOR THE NORTH MASON STORMWATER PROJECT AND NORTH MASON STREET
ALIGNMENT FROM ALPINE STREET TO HICKORY STREET
WHEREAS, the City is in the process of planning improvements to North Mason Street
from Alpine Street to Hickory Street including stormwater improvements and the extension of
North Mason Street from Hemlock Street north to Hickory Street (the “Project”); and
WHEREAS, the Project is necessary to address historically poor drainage conditions in
the existing North Mason Street corridor as well as to provide an alternative access and
circulation parallel to North College Avenue, which has seen increasing traffic volume, including
further congestion and accidents; and
WHEREAS, the Project is anticipated to include the installation of stormwater drainage
improvements and the construction of a new portion of North Mason Street, extending it north
from Hemlock Street to its intersection with Hickory Street; and
WHEREAS, to construct the Project, the City will need to acquire right-of-way from five
property owners, as described on Exhibits “A” through “G”, attached hereto and incorporated
herein by this reference (the “Property Rights”); and
WHEREAS, based on extensive research performed by City staff and an outside property
acquisition consultant, the parcels identified on Exhibit “F” and “G” appear to be City-owned
property (“City-Owned Parcels”); and
WHEREAS, because the property records for the Project area are inconsistent with
respect to whether certain public streets have been vacated, City staff is recommending that City
Council authorize eminent domain authority for the City-Owned Parcels; and
WHEREAS, including the City-Owned Parcels in this authorization will allow City staff
to acquire the parcels in the event it is proven the City does not own them, which will allow staff
to maintain the Project schedule without having to return to City Council for additional
authorization; and
WHEREAS, the authorization for acquisition by eminent domain of the City -Owned
Parcels does not require the City to acquire said parcels nor does it constitute an admission by
the City that the City does not own the City-Owned Parcels; and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Project, is in the City’s best interest, and enhances public health, safety, and
Packet Pg. 99
-2-
welfare because it will allow for the construction of needed public infrastructure within the City;
and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 3. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 100
EXHIBIT A
A
Packet Pg. 101 Attachment: Exhibit A (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT A
A
Packet Pg. 102 Attachment: Exhibit A (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT B
B
Packet Pg. 103 Attachment: Exhibit B (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT B
B
Packet Pg. 104 Attachment: Exhibit B (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT C
C
Packet Pg. 105 Attachment: Exhibit C (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT C
C
Packet Pg. 106 Attachment: Exhibit C (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT D
D
Packet Pg. 107 Attachment: Exhibit D (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT D
D
Packet Pg. 108 Attachment: Exhibit D (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT E
E
Packet Pg. 109 Attachment: Exhibit E (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT E
E
Packet Pg. 110 Attachment: Exhibit E (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT F
F
Packet Pg. 111 Attachment: Exhibit F (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT F
F
Packet Pg. 112 Attachment: Exhibit F (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT G
G
Packet Pg. 113 Attachment: Exhibit G (10436 : Mason Street ROW Eminent Domain Authorization ORD)
EXHIBIT G
G
Packet Pg. 114 Attachment: Exhibit G (10436 : Mason Street ROW Eminent Domain Authorization ORD)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Rebecca Everette, Development Review Manager
Brad Yatabe, Legal
SUBJECT
Items Related to the Disconnection of the Poudre School District Prospect Middle and High School Sit e from
the City of Fort Collins.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District Property
Located at the Intersection of East Prospect Road and Larimer County Road 5 From the Territory of
the City of Fort Collins.
B. First Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management,
and Related Issues.
The purpose of this item is to process a request from the Poudre School District to disconnect (de-annex) the
Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed into the Town of
Timnath. Included in this item are the following actions:
(1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This
Ordinance would not take effect until the Town of Timnath has approved annexation of the property.
(2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation on
annexation, growth management and related issues. The amendment would allow for Timnath to annex
the property into their municipal limits despite the property's location within the Fort Collins Growth
Management Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Disconnection Request
The City has received an application for Disconnection of Property from Poudre School District (PSD) for the
Prospect Middle/High School site, located northeast of the Prospect and I -25 interchange at the intersection of
East Prospect Road and Larimer County Road 5. This potential disconnection was previously contemplated as
part of the Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and
Related Issues) (IGA) between the City and the Town of Timnath . The City agreed to consider the
disconnection of this property as part of the Seventh Amendment to the IGA, dated October 28, 2014.
The disconnection includes both the school campus and the adjacent public rights -of-way (East Prospect Road
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Agenda Item 10
Item # 10 Page 2
and Larimer County Road #5).
Colorado state statutes and the Fort Collins Land Use Code (LUC) allow for the disconnection of land from City
limits. LUC Section 2.12.6 offers the following guidance:
“2.12.6 - Application for Disconnection, Enactment, Filing
When the owner of a tract of land within and adjacent to the boundary of the City desires to have said
tract disconnected from the City, such owner may apply to the City Council for the enactment of an
ordinance disconnecting such tract of land from the City. On receipt of such application, it is the duty of
the City Council to give due consideration to such application, and, if the City Council is of the opinion
that the best interests of the City will not be prejudiced by the disconnection of such tract, it shall enact
an ordinance effecting such disconnection. If such an ordinance is enacted, it shall be immediately
effective upon filing with the cou nty Clerk and Recorder to accomplish the disconnection, and two (2)
certified copies thereof shall also be filed with the county Clerk and Recorder. The county Clerk and
Recorder shall file one (1) certified copy with the Division of Local Government in th e Department of
Local Affairs, as provided by Section 24-32-109, C.R.S., and the other copy shall be filed with the
Department of Revenue, as provided by Section 31-12-113(2)(a.5), C.R.S.”
Intergovernmental Agreement - Eighth Amendment
Since the 2014 IGA amendment, PSD has purchased additional property (Lots 3 and 4) adjacent to the school
site that has been incorporated into long-term plans for the campus on the disconnection map. (Attachment 1)
As such, the IGA must be further amended to include the two additional lots for consideration of
disconnection/annexation.
The Eighth Amendment outlines commitments made by both Fort Collins and Timnath related to the timing and
details of the disconnection and annexation of the PSD property , Timnath assuming maintenance responsibility
for the disconnected portions of East Prospect Road and Larimer County Road 5 , and the City and Timnath
working cooperatively to amend the respective Growth Management Areas changed by the disconnection and
annexation by amending the respective intergovernmental agreements with Larimer County.
Staff Analysis and Findings
The application for disconnection was properly filed with the City, and proper notice was provided to all
applicable governments and agencies, including Larimer County, the Town of Timnath, utility service providers,
and various special districts. Neither PSD nor the City has received any objections to the disconnection from
the entities that were notified. Additional notice, although not required, was published to notify the public of the
date and time of the Council disconnection hearing and a description of the property proposed to be
disconnected.
The disconnection request aligns to previous Council actions to cooperate with Timnath on growth
management in this area of the community. The disconnection would not adversely impact the City or its
residents. All municipal services, including police, traffic, street maintenance, and utility service would be
provided by Timnath or other entities.
Next Steps
If the disconnection is approved, PSD intends to annex the property into the Town of Timanth. The ordinance
for disconnection is conditioned such that the ordinance would not be recorded, and the disconnection would
not be final until Timnath approves the annexation, so that the property does not reside in unincorporated
Larimer County for any time.
CITY FINANCIAL IMPACTS
If the property is disconnected from the City of Fort Collins, the City would no longer be obligated to serve the
property with utilities, police services, traffic operations, street maintenance, and other community services or
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Agenda Item 10
Item # 10 Page 3
amenities. Timnath and other service providers would be responsible for the costs of serving the property in
the future.
ATTACHMENTS
1. Application for Disconnection (PDF)
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10.1
Packet Pg. 118 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
10.1
Packet Pg. 119 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
10.1
Packet Pg. 120 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
10.1
Packet Pg. 121 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
10.1
Packet Pg. 122 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
N89°59'09"W 2638.04' (BASIS OF BEARINGS)SOUTH LINE OF THE SOUTHEAST 1/4S1/16 S14&S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXLS 17662, 1996 LANDSTARPOINT OF COMMENCEMENTSE COR S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXPLS 5028, 1995CS1/16 COR S15-T7N-R68WFOUND 30" #6 REBARW/2 1/2 " ALUM. CAPLS 34995LOT 9KITCHELL SUBDIVISIONLOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3PROSPECT RD. (LCR #44)LARIMER COUNTY RD #5LOT 1HOMESTEAD ESTATESLOT 32 LOT 31LOT 20LOT 19LOT 1HOMESTEAD ESTATESHOMESTEAD ESTATESLOT 2LOT 1UNPLATTEDUNPLATTEDUNPLATTEDTRACT CSERRATOGA FALLS 2NDBK1531 PG759UNPLATTEDHACIENDA DE ARBOLES MRDLOT 4LOT 3LOT 2DISCONNECTION AREA5,030,082 sq. ft.115.475 ac.N89°59'24"W 635.21'N00°00'36"E 559.99'N54°58'16"W 456.59'N00°00'51"E 646.57'N60°06'24"E 375.84'S76°39'58"E 580.42'S00°05'39"W250.08'S89°50'47"E 2669.14'S00°09'46"W 1355.96'N89°59'09"W 2668.01'S1/4 COR S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXPLS 28295, 1995TRACT BSERRATOGA FALLS 2NDDelta= 13°32'03"R=642.00' L=151.65'Dir= N53°20'22"EChord= 151.30'POINT OF BEGINNINGSOUTHEAST CORNERGALATIA ANNEXATIONS89°59'09"E30.00'S00°09'46"W30.00'PROSPECT MIDDLE/HIGH SCHOOL SUBDIVISIONCITY OF FORT COLLINSCITY OF FORT COLLINSTOWN OF TIMNATHNATHTOWN OF TIMNNORTHA TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 14, SOUTH HALF OF SECTION 15, NORTH HALF OFSECTION 22 AND THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADODISCONNECTION MAP FOR THE CITY OF FORT COLLINS1SURVEYOR'S STATEMENTI, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this map of landproposed to be disconnected from the City of Fort Collins, County of Larimer, State of Colorado was preparedunder my direct supervision from existing documents of record, and that the same is true and correct to the bestof my knowledge, information and belief.Steven A. LundColorado Registered ProfessionalLand Surveyor No. 34995For and on behalf of Northern EngineeringDISCONNECT PROPERTY DESCRIPTION:A parcel of land originally annexed into the City of Fort Collins, Colorado by the Galatia Annexation recorded February 22, 1991 asReception No. 91007174 and inclusive of the Prospect Middle/High School Subdivision Plat recorded March 11, 2021 as ReceptionNo. 20210025373, being disconnected from the City of Fort Collins and being portions of the Southwest Quarter of Section Fourteen(14), South Half of Section Fifteen (15), North Half of Section Twenty-two (22), and the Northwest Quarter of Section Twenty-Three(23), all in Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County ofLarimer, State of Colorado, and being more particularly described as follows:COMMENCING at the Southeast Corner of said Section 15 and assuming the South line of the Southeast Quarter of said Section 15as bearing North 89°59'09" West, as determined by a GPS observation, a distance of 2638.04 feet with all other bearings containedherein relative thereto:THENCE South 89°59'09" East along the easterly prolongation of the South line of the Southeast Quarter of said Section 15 a distanceof 30.00 feet to the East line of said Galatia Annexation;THENCE South 00°09'46" West along said East line of Galatia Annexation a distance of 30.00 feet to the Southeast corner of saidGalatia Annexation and the POINT OF BEGINNING;THENCE North 89°59'09" West along the South line of said Galatia Annexation a distance of 2668.01 feet to an angle break on saidSouth line;THENCE North 89°59'24" West continuing along the South line of said Galatia Annexation a distance of 635.21 feet to the southerlyprolongation of the West line of Lot 1 of said Prospect Middle/High School Subdivision Plat;THENCE North 00°00'36" East a distance of 559.99 feet to the Southerly line of Lot 3 of the Prospect Middle/High School SubdivisionPlat;THENCE North 54°58'16" West along the Southerly line of said Lot 3 a distance of 456.60 feet to the West line thereof;THENCE North 00°00'51" East along the West line of said Lot 3 a distance of 646.57 feet to the Northwest corner thereof;The next Three (3) courses are along the Northwesterly and Northeasterly lines of Lot 3 and Lot 4 of said Prospect Middle/HighSchool Subdivision Plat:THENCE North 60°06'24" East a distance of 375.84 feet to a Point of Curvature;THENCE along the arc of a curve concave to the Northwest a distance of 151.65 feet, said curve has a Radius of 642.00 feet, a Delta of13°32'03" and is subtended by a Chord bearing North 53°20'22" East a distance of 151.30 feet to the endpoint of said curve;THENCE South 76°39'58" East a distance of 580.42 feet to the Westerly line of Lot 9, Kitchell Subdivision recorded April 19, 1990 asReception No. 90016150 of the Records of Larimer County;THENCE South 00°05'39" West along said Westerly line of Lot 9 a distance of 250.08 feet to the Center South Sixteenth corner of saidSection 15;THENCE South 89°50'47" East along the North line of the South Half of the Southeast Quarter a distance of 2669.14 feet to theNortheast Corner of said Galatia Annexation;THENCE South 00°09'46" West along the East line of said Galatia Annexation a distance of 1355.96 feet to the POINT OFBEGINNING;Said parcel of land contains 115.47 acres, more or less.The intent of this Disconnect process is to remove Lots 1 thru 4 of the Prospect Middle/High School Subdivision Plat recorded March11, 2021 as Reception No. 20210025373 of the Records of Larimer County and the adjoining road rights of way from the City of FortCollins limits and jurisdiction.APPROVED:This map to be known as _________________________________ to the City of Fort Collins, County of Larimer,State of Colorado by Ordinance No. , passed and adopted on final reading at a regularmeeting of the City Council of Fort Collins, Colorado held on the day of , 20 . .City ClerkAPPROVED AS TO FORM:_______________________________________________City EngineerNOTES:1) The Basis of Bearings is the South line of the Southeast Quarter of Section 15 as bearing North 89° 59' 09" West(assumed bearing) as monumented on drawing.2) The lineal unit of measure for this survey is U.S. Survey Feet.8-06-21VICINITY MAPNORTHBOUNDARY LINEPROPERTY LINEFOUND PROPERTY CORNERAS DESCRIBEDSECTION LINEFOUND SECTION CORNERAS DESCRIBEDRIGHT-OF-WAY LINESITEINTERSTATE 25PROSPECT RD.TIMBERLINE RD.MULBERRY ST.HORSETOOTH RD.NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.S:\Survey Jobs\100-024\Dwg\Annexation - Disconnect\100-024 DISCONNECT PLAT.dwg, 8/6/2021 10:29:28 AM, 1:110.1
Packet Pg. 123 Attachment: Application for Disconnection (10567 : PSD Prospect School Site Disconnection)
-1-
ORDINANCE NO. 107, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DISCONNECTING CERTAIN POUDRE SCHOOL DISTRICT PROPERTY LOCATED AT
THE INTERSECTION OF EAST PROSPECT ROAD AND LARIMER COUNTY ROAD 5
FROM THE TERRITORY OF THE CITY OF FORT COLLINS
WHEREAS, Poudre School District (“PSD”) has submitted an application requesting that
City Council disconnect certain property consisting of Lots 1, 2, 3, and 4 of the Prospect
Middle/High School Subdivision Plat (“School Plat”) recorded March 11, 2021, at Reception No.
20210025373, in the records of the Larimer County Clerk and Recorder and abutting public road
rights-of-way (collectively, the “Property”) as shown on the attached disconnection map,
attached hereto and incorporated herein as Exhibit “A”, from the territory of the City of Fort
Collins; and
WHEREAS, pursuant to Article 4, Section 4.3, which was added to the
Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and
Related Issues) dated February 17, 2009, between Fort Collins and the Town of Timnath, by the
Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation,
Growth Management and Related Issues) dated October 28, 2014, (“Seventh Amendment”), the
City agreed to consider the disconnection of the land that comprises Lots 1 and 2 of the School
Plat upon request of PSD; and
WHEREAS, on or about May 25, 2021, PSD provided notice and a copy of its
disconnection application to the Board of County Commissioners of Larimer County, Colorado,
the Town Council of the Town Timnath, and to the Boards of Directors of the following special
districts: I-25/Prospect Interchange Metropolitan District, Poudre School District R-1, Poudre
River Public Library District, Health District of Northern Colorado, Northern Colorado Water
Conservancy District, Larimer County Pest Control District, Boxelder Sanitation District, and the
East Larimer County Water District; and
WHEREAS, neither PSD nor the City has received an objection to the proposed
disconnection or request to meet to discuss the disconnection from any of the entities to whom
notice of the disconnection was provided; and
WHEREAS, upon disconnection of the Property from the City and annexation into the
Town of Timnath, Timnath has agreed to assume responsibility, including without limitation
signalization and traffic signs, operations, and maintenance for the public street rights-of-way
proposed to be disconnected and shown on Exhibit “A”.
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 finds that the best interests of the City will not be
Packet Pg. 124
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prejudiced by the disconnection of the Property and that the disconnection is in the best interests
of the citizens of Fort Collins.
Section 3. That this Ordinance shall not be recorded with the Larimer County Clerk
and Recorder, and the disconnection of the Property shall not be effective, until the following
have occurred:
(a) The Town of Timnath has approved the annexation of the Property,
with such annexation being effective upon the recording of this
Ordinance and executed disconnection map with the Larimer County
Clerk and Recorder so that there is no gap in time between the
disconnection becoming effective and the annexation to the Town of
Timnath; and
(b) The Town of Timnath delivers to the City a fully executed copy of the
Eighth Amendment to Intergovernmental Agreement (Regarding
Cooperation on Annexation, Growth Management and Related Issues)
that City Council is authorizing in conjunction with approval of the
disconnection of the Property.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Packet Pg. 125
EXHIBIT AAPacket Pg. 126Attachment: Exhibit A (10593 : PSD Disconnection ORD)
-1-
ORDINANCE NO. 108, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EIGHTH AMENDMENT TO THE FORT COLLINS-TIMNATH
INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON
ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues,
which agreement resolved certain differences that had arisen between the parties regarding a
variety of planning and growth management issues (the "Intergovernmental Agreement"); and
WHEREAS, the parties are situated on opposite sides of Interstate 25 and are both
committed to planned and orderly development; regulating the location and activities of
development which may result in increased demand for services; providing for the orderly
development and extension of urban services; to simplifying governmental structure when
possible; promoting the economic vitality of both municipalities; protecting the environment;
and raising revenue sufficient to meet the needs of their citizens; and
WHEREAS, because of the proximity of the City and the Town, the parties have
agreed to work toward developing a comprehensive development plan for certain areas of
mutual interest and concern within the immediate vicinity of I-25, the purpose of which plan
would be to explore joint financing mechanisms for public improvements and potential
revenue sharing alternatives within such areas; and
WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth,
Sixth, and Seventh Amendments to the Intergovernmental Agreement; and
WHEREAS, the Seventh Amendment added Section 4.3 to the Intergovernmental
Agreement under which the City agreed to consider the disconnection of certain Poudre
School District property located northwest of the intersection of East Prospect Road and
Larimer County Road 5; and
WHEREAS, Poudre School District has submitted a disconnection application to the
City for the Poudre School District property described in the Seventh Amendment including
some additional abutting property obtained after the Seventh Amendment (“PSD Property”)
was executed; and
WHEREAS, City Council has approved the disconnection of the PSD Property
conditioned upon Timnath’s annexation of the PSD Property becoming effective upon
disconnection and execution of an Eighth Amendment to the Intergovernmental Agreement
memorializing certain terms related to the disconnection; and
WHEREAS, the City and Timnath now wish to execute the Eighth Amendment to the
Intergovernmental Agreement to complete Timnath’s annexation of the PSD Property despite
its location within the City’s Growth Management Area, to require Timnath’s annexation of
the PSD Property to be effective upon disconnection from the City, to memorialize Timnath’s
Packet Pg. 127
-2-
agreement to maintain the disconnected portions of East Prospect Road and Larimer County
Road 5, to provide for revenue sharing should the PSD Property ever be commercially
developed, and to amend the City’s and Timnath’s growth management areas and work
cooperatively to amend the respective Growth Management Areas changed by the
disconnection and annexation with Larimer County; and
WHEREAS, execution of the Eighth Amendment 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 that the Mayor is hereby authorized to enter into an Eighth Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues in substantially the form attached hereto as Exhibit "A", with such additional
terms and conditions as the City Manager, in consultation with the City Attorney, determines to
be necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Packet Pg. 128
APacket Pg. 129Attachment: Exhibit A (10594 : PSD Disconnection 8th amdmt ORD)
APacket Pg. 130Attachment: Exhibit A (10594 : PSD Disconnection 8th amdmt ORD)
APacket Pg. 131Attachment: Exhibit A (10594 : PSD Disconnection 8th amdmt ORD)
APacket Pg. 132Attachment: Exhibit A (10594 : PSD Disconnection 8th amdmt ORD)
APacket Pg. 133Attachment: Exhibit A (10594 : PSD Disconnection 8th amdmt ORD)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Jim Bertolini, Historic Preservation Planner
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 109, 2021, Designating the Thomas Property, 308 Cherry Street, For t Collins,
Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019 -064.
The purpose of this item is to request City Landmark designation for the property at 308 Cherry Street. In
cooperation with the property owner, City staff and the Historic Preservation Commission have determined the
property to be eligible for designation under Standard 1, Events/Trends for the property's association with
Black/African American history in Fort Collins. The owner is requesting designation, which wi ll provide
protection of the property's exterior and access to financial incentives for historic property owners. If
designated, this would be the first property in Fort Collins to be recognized and protected for association with
Black/African American history.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Thomas Property at 308 Cherry Street is significant under Standard 1, Events/Trends as a significant
reflection of Black/African American life in Fort Collins, and the experiences of Virgil Thomas. Virgil Thomas
was the first Black graduate of Fort Collins High School and an accomplished local athlete in football, softball,
and boxing. This property, built in 1904, served as the Thomas family home from approximately 1933 to 1940,
coinciding with Virgil Thomas’ attendance at Fort Collins High School between 1937 and 1940. Most Black
families who lived in Fort Collins before 1950 lived in the blocks immediately west and north of Washington
Park at Mason and Maple Streets. The Thomas’ were typical of these pioneering African American families,
working in service industries and participating in civic life, while facing a community at the same time tolerant
of, but discriminatory against, people of color. This residence was the home of the family during Virgil Thomas’
attendance at Fort Collins High School, becoming the first Black graduate of that institution, and during his time
as the starting pitcher for the Fort Collins Mutual Reserves softball club. Virgil Thomas left Fort Collins to
attend Wilberforce College in Ohio in 1940 and his parents moved down the street to 316 Cherry later that
year. The overall number of residences reflecting the first chapter of Black life in Fort Collins was lim ited, and
only a few remain today. The house at 308 Cherry is a significant surviving example of a property that reflects
the early Black life and experiences in Fort Collins, including Black residents like Virgil G. Thomas. If
designated, this property would be the first property associated with Black/African American history in Fort
Collins to be designated and protected as a City Landmark.
CITY FINANCIAL IMPACTS
11
Packet Pg. 134
Agenda Item 11
Item # 11 Page 2
Designation as a Fort Collins Landmark qualifies property owners for certain financial inc entives funded by the
City, and allows private property owners to leverage State tax incentives for repairs and modifications that
meet national preservation standards. These include a 0% interest revolving loan program and Design
Assistance mini-grant program through the City and the Colorado State Historic Tax Credits.
BOARD / COMMISSION RECOMMENDATION
At its June 16, 2021, regular meeting, the Historic Preservation Commission (HPC) adopted a motion by a vote
of 7-0 (1 vacancy, 1 absence) to recommend Council designate the Thomas Property as a Fort Collins
Landmark in accordance with City Code Chapter 14, based on the property’s significance under Standard 1,
Events/Trends, and its historic integrity under five critical aspects.
PUBLIC OUTREACH
Specific to this nomination request, public outreach was limited to interaction with the property owner, and
invitations to participate in the nomination process to both the Black/African American Cultural Center at
Colorado State University, and to Fort Collins High School.
This nomination request from the owner resulted directly from Historic Preservation Services outreach to
property owners of significant properties in Fort Collins related to African American history in January of 2021.
During that month, Historic Preservation released a website and walking tour providing an introductory
narrative about Black/African American history in the City and identifying known properties with significance to
that story. Outreach to property owners of those places was part of a collaboration among several City
divisions including Neighborhood Services, and CSU’s Black/African American Cultural Center which
coordinates the community’s commemoration of Martin Luther King, Jr. Day and Black History Month.
ATTACHMENTS
1. Location Map (PDF)
2. Historic Preservation Commission Resolution 2, 2021 (PDF)
3. Landmark Nomination (PDF)
11
Packet Pg. 135
ATTACHMENT 1 11.1
Packet Pg. 136 Attachment: Location Map (10538 : 308 Cherry Street Landmark)
ATTACHMENT 2 11.2
Packet Pg. 137 Attachment: Historic Preservation Commission Resolution 2, 2021 (10538 : 308 Cherry Street Landmark)
11.2
Packet Pg. 138 Attachment: Historic Preservation Commission Resolution 2, 2021 (10538 : 308 Cherry Street Landmark)
Historic Preservation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.4250
preservation@fcgov.com
fcgov.com/historicpreservation
1
Fort Collins Landmark Designation
LOCATION INFORMATION
Address: 308 Cherry Street
Legal Description: Beginning 100 Ft West of Southeast Corner, BLK 44, FTC, Thence North 190
Ft; Thence West 50 Ft; Thence South 190 Ft; Thence East 50 Ft to the place of beginning.
Property Name (historic and/or common): The Thomas Property; The Thomas, Virgil Gordon,
Property
OWNER INFORMATION
Name: Kim Medina
Company/Organization (if applicable): 308 Cherry Street, LLC
Phone: 970-388-3332
Email: kimbakermedina@gmail.com
Mailing Address: 308 Cherry Street, Fort Collins, CO 80521
CLASSIFICATION
Category Ownership Status Present Use Existing Designation
Building Public Occupied Commercial Nat’l Register
Structure Private Unoccupied Educational State Register
Site Religious
Object Residential
District Entertainment
Government
Other
FORM PREPARED BY
Name and Title: Jim Bertolini, Historic Preservation Planner
Address: 281 N. College Avenue, Fort Collins, CO 80521
Phone: 970-416-4250
Email: jbertolini@fcgov.com
Relationship to Owner: N/A, requested by owner
ATTACHMENT 3 11.3
Packet Pg. 139 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
2
DATE: March 17, 2021
TYPE OF DESIGNATION and BOUNDARIES
Individual Landmark Property Landmark District
Explanation of Boundaries:
The boundaries of the property being designated as a Fort Collins Landmark correspond
to the legal description of the property, above. The property (hereinafter the “Property”)
consists of the property consisting of Larimer County Assessor parcel 9711117006, also
described as “BEG 100 FT W OF SE COR, BLK 44, FTC, TH N 190 FT; TH W 50 FT; TH
S 190 FT; TH E 50 FT TO BEG AND ALSO PAR DESC AS BEG AT SE COR BLK 44,
TH W 100 FT; TH N 190 FT; TH W 50 FT; TH N 27 3/12 FT M/L TO RAILROAD ROW;
TH SERLY.”
STATEMENT OF SIGNIFICANCE and INTEGRITY
Properties are eligible for designation if they possess both significance and integrity.
Significance is the importance of a site, structure, object or district to the history,
architecture, archeology, engineering or culture of our community, State or Nation. For
designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must
meet one (1) or more of the following standards set forth in Fort Collins Municipal Code
Section 14-22(a):
Standard 1: Events
This property is associated with events that have made a recognizable contribution to
the broad patterns of the history of the community, State or Nation. It is associated with
either (or both) of these two (2) types of events:
a) A specific event marking an important moment in Fort Collins prehistory or
history; and/or
b) A pattern of events or a historic trend that made a recognizable
contribution to the development of the community, State or Nation.
The Thomas Property at 308 Cherry Street is a significant reflection of Black/African
American life in Fort Collins, and the experiences of Virgil Thomas in particular. Virgil
Thomas was the first Black graduate of Fort Collins High School and an accomplished local
athlete in football, softball, and boxing. This property, built in 1904, served as the Thomas
family from approximately 1933 to 1940, coinciding with Virgil Thomas’ attendance at
Fort Collins High School between 1937 and 1940. Most Black families who lived in Fort
Collins prior to 1950 lived in the blocks immediately west and north of Washington Park
at Mason and Maple Streets. The Thomas’ were typical of these pioneering African
American families, working in service industries and participating in civic life as much as
possible, while facing a community that was at the same time tolerant of, but
discriminatory against, people of color. This residence was the home of the family during
Virgil Thomas’ attendance at Fort Collins High School, becoming the first Black graduate
of that institution, and during his time as the starting pitcher for the Fort Collins Mutual
Reserves softball club. Virgil Thomas left Fort Collins to attend Wilberforce College in
Ohio in 1940 and his parents moved down the street to 316 Cherry later that year. The
11.3
Packet Pg. 140 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
3
overall number of residences reflecting the first chapter of Black life in Fort Collins was
limited, and only a few remain today. The house at 308 Cherry is a significant surviving
example of a property that reflects the early Black life and experiences in Fort Collins,
including Black residents like Virgil G. Thomas.
Standard 2: Persons/Groups
This property is associated with the lives of persons or groups of persons recognizable
in the history of the community, State or Nation whose specific contributions to that
history can be identified and documented.
Click here to enter text.
Standard 3: Design/Construction
This property embodies the identifiable characteristics of a type, period or method of
construction; represents the work of a craftsman or architect whose work is
distinguishable from others by its characteristic style and quality; possesses high artistic
values or design concepts; or is part of a recognizable and distinguishable group of
properties.
Click here to enter text.
Standard 4: Information Potential
This property has yielded, or may be likely to yield, information important in prehistory or
history.
Click here to enter text.
Period of Significance is the discrete chronological period (or periods) during which a
historic property gained its significance. Additions or alterations to a property that have
significance in their own right can warrant the extension of a Period of Significance.
Period(s) of Significance:
1930-1940
This corresponds with the time period during which the Thomas family resided at the
property and it was a residence for a Black family in Fort Collins.
Integrity is the ability of a site, structure, object or district to be able to convey its
significance. The integrity of a resource is based on the degree to which it retains all or
some of seven (7) aspects or qualities set forth in Fort Collins Municipal Code Section
14-22(b): location, design, setting, materials, workmanship, feeling and association. All
seven qualities do not need to be present for a site, structure, object or district to be
eligible as long as the overall sense of past time and place is evident.
Standard 1: Location is the place where the resource was constructed or the place
where the historic or prehistoric event occurred.
This property remains in its historic location.
Standard 2: Design is the combination of elements that create the form, plan space,
structure and style of a resource.
11.3
Packet Pg. 141 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
4
The overall character of the property reflects a working class residence built in the early
1900s, with subsequent modifications common in that historic context. The building
remains a single-story residence with minimal ornamentation; it retains its distinctive
hipped-roof and boxy form, with functional additions clustered at the rear of the home.
Key modifications to the design include modifications to the porch posts, and recladding
of the building with steel siding. However, the overall footprint and design of the porch
remain intact, and the siding is a common alteration to working class homes of this sort.
The lot upon which the house sits is long and narrow, similar to most lots from this
period, with the intention that the rear yard would serve as a garden space, or room for
accessory structures such as a garage, sheds, or an accessory dwelling. While altered over
time, the overall integrity of design of the property remains good.
Standard 3: Setting is the physical environment of a resource. Setting refers to the
character of the place; it involves how, not just where, the resource is situated and its
relationship to the surrounding features and open space.
The setting is generally intact, although modified, continuing to reflect the proximity of
the neighborhood to industrial railroad uses during its historic period. Most neighboring
properties are the same buildings that flanked the residence historically, although many
have additions of varying sizes. The railroad right-of-way to the rear of the historic
property remains although the tracks have been removed – this may become an active
transportation corridor for pedestrians and cyclists in the foreseeable future. Many of the
other African American homes that were in this immediate area prior to 1950 remain as
well, including the McDaniels residence at 317 Cherry and the Hicks/Lyle Residence at
312 N. Meldrum Street. Some reminders of the intermixed industrial uses also survive,
most notably through the intact Fort Collins Municipal Railway Trolley Barn at Howes &
Cherry, a City Landmark. The primary detraction from the integrity of setting is
across/south of Cherry Street to the west, a three-story mixed-use development at the
southeast corner of Cherry and Meldrum Streets. Other nearby modern intrusions into
this historically Black and Latinx area include new developments along Cherry at Howes,
and redevelopments on the block to the south for new offices and townhomes.
Nevertheless, the property at 308 Cherry retains good integrity of setting for a property
in a transitional, quasi-industrial section of downtown.
Standard 4: Materials are the physical elements that form a resource.
The property retains some integrity of materials, although it is under this aspect that the
property has lost the most integrity. What was presumably wood, either lapboard or
dropboard, siding, has since been removed or covered. It was originally replaced with
asbestos shingles installed by 1969, and now features steel siding, a common alteration
for working class homes like this to reduce maintenance. While the loss of this much
material, either visible or altogether, is not ideal, materials are not a critical aspect of
integrity for the property to convey its significance as an important African American
historical site during the 1930s. The existing steel siding is reasonably close to the historic
wood lap/dropboard and do not detract significantly from the overall ability of the
property to convey its history during the Thomas family’s residence. Furthermore, the
property retains its historic windows and many of its interior historic materials including
floors, finishes, and doors, providing a reasonable reflection of what the property looked
like when the Thomas family made it their home.
11.3
Packet Pg. 142 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
5
Standard 5: Workmanship is the physical evidence of the crafts of a particular culture
or people during any given period in history or prehistory. It is the evidence of artisans'
labor and skill in constructing or altering a building, structure or site.
The property has experienced some loss of historic workmanship since the 1930-1940
period of significance, mostly that the historic wood siding (lapboard or dropboard) that
would likely have covered the building during the Thomas family tenure is no longer
present, or at least not visible. However, the property retains the overall evidence of
periodic modification and extension to the rear that is common on working class homes
like these. Both the asbestos shingling and steel siding are extremely common
modifications to working class homes of this type, and while they do not contribute to
the evidence of workmanship reflective of the residence in the 1930s, the simple and
functional steel siding is consistent with the general level of craftsmanship common to
homes of this type and those elements of this residence that do remain reflective of the
craftsmanship of that era, including the property’s original windows and interior finishes.
The property retains good integrity of workmanship.
Standard 6: Feeling is a resource’s expression of the aesthetic or historic sense of a
particular time. It results from the presence of physical features that, taken together,
convey the resource's historic or prehistoric character.
The property retains strong integrity of feeling, overall reflecting the working class
character that would have defined this property, and the neighborhood, during the
Thomas family’s tenure here. Despite the fact that some of the property’s material
character was updated over time, those changes were consistent with the property’s
original working class character and overall the property retains a strong visual
connection to the aesthetic characteristics and sense of history that defined the property
in the 1930s when the Thomases were here.
Standard 7: Association is the direct link between an important event or person and a
historic or prehistoric resource. A resource retains association if it is the place where the
event or activity occurred and is sufficiently intact to convey that relationship to an
observer. Like feeling, association requires the presence of physical features that
convey a property's historic character.
The property retains strong integrity of association with the Thomas family period
through its integrity of overall design and setting, and the maintenance of character-
defining features such as the building’s overall massing, to associate it with the 1930s in
Fort Collins when the Thomas family lived here. It remains a simple, small-scale, working
class property that is reflective of Black/African American life in Fort Collins in the first
half of the twentieth century.
11.3
Packet Pg. 143 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
6
HISTORICAL INFORMATION
The Thomas Residence at 308 Cherry Street is a significant, surviving reflection of Black/African
American life in early Fort Collins. It is primarily significant as the high school home of Virgil
Gordon Thomas, an important Black student athlete in the city who played football and softball
and boxed for local clubs and student teams. While living here, Thomas became the first Black
athlete at Fort Collins High School, and the first Black graduate of the same in the class of 1940.
While available records do not indicate if Thomas or his parents specifically faced overt
discrimination while he was a student and athlete, social, employment and housing
discrimination against Black, Latinx, and Native residents of Fort Collins through the 1970s was
endemic is well-documented. The Ku Klux Klan, the notorious white supremacist organization,
was active in Fort Collins and Larimer County during the 1920s. Its strong presence here was
reflective of larger, deep-seated views about race and racial segregation held by many residents
of Fort Collins and Larimer County as a whole. While the Klan during this period was most
active in demonstrating against Catholics (Italians in particular) and those of Asian descent
(mostly Japanese and Chinese), Black Coloradoans faced similar violence and discrimination as
Black Americans in the Jim Crow south. Klan activities in Fort Collins during the 1920s just prior
to the Thomas family’s arrival in the city included rallies on North College Avenue and at the
State Theater, just three blocks from their future residence at 308 Cherry Street. The Thomas
family experience, and Virgil’s athletic accomplishments during a period of significant racial
segregation in Fort Collins, are noteworthy and make the property significant to the history of
the city.
The Michaud Brothers constructed the residence at 308 Cherry Street in 1904 within a section
of the city that became home for most of Fort Collins’ Black/African American residents that
lived in the city prior to the 1940s. The homes along these blocks served as a transitional zone
of housing that directly abutted the industrial and railroad corridor of the city along Mason
Street. In many western American cities of the time, it was not uncommon for ethnic minorities
like African Americans, Mexican Americans, or Chinese workers to be segregated into
neighborhoods near industrial areas of the city. By the 1930s, the 300 block of Cherry Street,
300 block of Maple Street, and 200-300 blocks of North Meldrum Street included the homes of
several permanent and temporary Black residents of Fort Collins, including the Thomas family
at 308 Cherry Street between 1933 and 1940. Their son Virgil attended junior high and high
school in Fort Collins, and was a standout player on both the Fort Collins Reserves private
softball club and as a lineman on the Fort Collins High School Lambkins football team.
Black/African Americans in Fort Collins and 308 Cherry Street
Black/African American history has deep roots in the American West, but is often ignored due to
neglect, assumptions on the part of researchers, lack of primary source evidence, or bias in
local history. While western states like Colorado often provided the prospect of opportunity for
Black families, the racism that plagued most of the nation remained a persistent barrier to
equality. Black professionals and business owners grew in number across Colorado in the early
1900s, as did the middle class made up of barbers, waiters, and porters. Some members of
Colorado’s white citizenry continuously challenged this progress. The Ku Klux Klan, America’s
most notorious white supremacist organization, had strong membership in Colorado during the
early 1900s and sponsored recruitment rallies and other public events from Denver to Fort
Collins. This set the stage for Klan member Clarence Morley’s election as Governor of Colorado
from 1925 to 1927, indicative of the entrenchment of the Klan during that period. White property
owners and landlords frequently discriminated against Black residents well into the 1960s
through restrictive racial covenants that prevented purchase of property in many neighborhoods,
11.3
Packet Pg. 144 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
7
and refusing to rent to Black tenants. The problem was compounded by “redlining,” a practice
where lending institutions mapped neighborhoods based on perceived risk, a practice that in
reality limited mortgage lending in Black and Latinx areas of cities. Both practices perpetuated
racial segregation and the generational wealth gaps found today between Black and white
Americans.
Like many smaller western communities, Fort Collins was home to a small but vibrant Black
community from its early days. Census and newspaper records mention several Black
residents, mostly making a living as janitors, domestic workers, or porters for the railroads,
hotels, and other businesses. The 1880 census documents fifteen Black residents in five
households in and around downtown Fort Collins. By 1900, Fort Collins’ Black population
remained small, with only sixteen residents noted in the census, including five households and
three live-in servants. However, these numbers are artificially low, as many residents were
missed in censes and directories because they were not in Fort Collins long enough or simply
were not recognized in official records. For example, in its first few years of operation the Great
Western Sugar plant appears to have employed Black laborers who lived just west of the
factory. Researchers have not yet determined the location of the workers’ housing and they do
not appear in city directories or census records.
Despite its small size, the Black community in Fort Collins reflected the same optimism for
growth and more permanent security that was found in the city as a whole. Society column
entries in Denver’s Black newspapers show a social network along the Front Range that was
interdependent, mobile, and growing. Fort Collins included several families who were part of
that network and committed to expanding their collective presence in northern Colorado. The
Clay family was among the most prominent, long-standing of these families in early Fort Collins,
having arrived in the city by 1882. Charley Clay was well-known in the Fort Collins area by 1882
as a caterer and cook. Charles and his wife, Anna, had seven children. The Clay home at 317
Maple Street, believed to have been located along a mid-block alley west of Washington Park,
was the center of Black social life in Larimer County during the early 1900s. Out of his home,
Charley Clay ran the Colored Mission, which became the Zion Baptist Church, and ministered to
Black families throughout the region. His son, Charles Clay, Jr., established a home just to the
north at 321 Maple. Most of the large Clay family had dispersed to other communities or had
passed away by the time the family patriarch was laid to rest in Grandview Cemetery in 1910.
However, the Clays became the first Black family among many that chose the blocks around
Washington Park along Meldrum, Maple, and Cherry Streets as their home. Black families like
the Hicks, Lyles, McDaniels, Murrays, and Thomas’ moved into the area in the early 1900s.
The house at 308 Cherry Street was constructed in 1904 during this time period. By this time,
the Clays had moved into the property at 317 Maple Street, and soon after, other Black families
like the McDaniels would move into the 300 block of Cherry Street. The area was a fast
growing, working class area of town comprising the northwestern edge of the 1873 Avery Plat,
as well as portions of the West Side Addition. Many of the residents in this area were people of
color, either Black families concentrated around Washington Park, or Mexican Americans
concentrated around Holy Family Catholic Church, a Spanish-speaking congregation. However,
the neighborhood remained racially mixed during the first quarter of the 1900s, with many white
residents, mostly tenants, circulating through as well. The first documented residents of 308
Cherry Street were Walter Harrison, a railroad engineer/fireman, and his wife Ethel, both white,
who lived at the property between 1907 and 1909.1 In 1909, Aaron Leroy De Boldt, a white
harnessmaker, began renting the house, appears to have purchased it between 1919 and 1922,
1 Note that a railroad fireman was not responsible for distinguishing fires but rather for shoveling
coal into the steam engine of the locomotive.
11.3
Packet Pg. 145 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
8
and remained there through 1925. By 1927, Mrs. Mary Casey, widow of William Casey, bought
the property and lived there briefly. By 1929, Geof B. Southcotte, a white pipefitter, and his wife
Florence purchased the house and lived there briefly – the home was vacant in 1931. By 1933,
John H. and Mamie Thomas are residents, renting the property from the owner through 1940.2
One of the key challenges faced by Black Americans who were newcomers to the West, or
simply visiting, was identifying and negotiating the boundaries of informal and legalized
segregation, economic discrimination, and racism. Some Black families, such as Charlie and
Mamie Birdwhistle, helped navigate those boundaries by providing advocacy, worship, and safe
places to lodge and visit. Without the establishment of the church, a central feature of the Black
community, it was more difficult for the Black community to grow as residents often moved on to
other communities on the west coast by the 1940s, or to Denver. At the same time, white
supremacist organizations like the Klan continued activities in Fort Collins, including rallies at
the America/STate Theater on North College Avenue, participation in Colorado Agricultural
College events, and a cross-burning in City Park in 1925. With limited employment
opportunities, few options for religious worship, and still-rampant racism, many families like the
Lyles moved to urban areas by the 1940s for better jobs, larger church congregations, and safer
neighborhoods. Some, like John and Mamie Thomas, chose to stay.
Legal housing discrimination in Fort Collins lessened after the Second World War, as the
Colorado legislature passed a series of Civil Rights reforms. These included a 1948 ban on
racially restrictive housing covenants, a 1951 act prohibiting racial discrimination in public
employment, and a fair housing law in 1959. Although these laws were passed, their lackluster
enforcement and implementation remained a key civil rights issue into the 1970s. Later U.S.
Supreme Court case outlawed private-sector employment discrimination in Colorado in 1963
and forced an end to segregation in Denver Public Schools in 1973. Activism by Black-led
organizations like the NAACP and the Black Panthers continued to fight for expanded equality
and equity.
The Thomas Family
The experiences of John and Mamie Thomas appear typical of many working class Black
families in the United States. The history of both individuals is difficult to track in census records
and city directories and staff has not been able to uncover extensive genealogical records as a
result. Records show the couple had moved to Eaton, Colorado by 1910 from St. Louis,
Missouri. John Thomas was born in Missouri in 1885 to parents that were from Kentucky.
Mamie Earley was born in Liberty (Bedford), Bedford County, Virginia in 1887, a small hamlet in
southwest Virginia. They met and were married in St. Louis on August 4, 1907.3 Shortly
thereafter in 1910, they moved to the small farming town of Eaton, Colorado in Weld County.
Census records suggest they moved around northeast Colorado between Eaton and Sterling. In
1920, a couple that appear to be the same John and Mamie Thomas were living at 417 Douglas
Street in Sterling, where John was working in a local garage.4 It appears they returned to the
Eaton area shortly thereafter, and that this is where their son, Virgil, was born on February 3,
2 Fort Collins City Directories, 1904-1933; the ownership vs. renter status refers to the presence
of an “h” in the entry, typically used by the Polk city directory series to denote ownership, but its accuracy
is suspect. For example, the 1933 directory shows the Thomas’ as owners of the 308 Cherry property
although other records confirm they were tenants.
3 “John H. Thomas,” obit., Coloradoan, May 2, 1968, p3; “Liberty” was the historic name for what
became the town of Bedford, Virginia, the county seat of Bedford County.
4 1920 Census, Sterling Ward 3, Logan County, Colorado; Roll: T625_167; Page: 7B;
Enumeration District: 191, accessed via Ancestry.com.
11.3
Packet Pg. 146 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
9
1922.5 The three remained in Eaton until 1930. When the census was taken that year, they
were recorded as homeowners in a predominantly Mexican-American neighborhood outside of
Eaton town limits to the east. They lived there with one other Black family that owned a home
next door, Fred and Sarah Harper and their adopted daughter Ida May. At that time, John
Thomas was working as a farm laborer, likely in one of the sugar beet farms that supplied Great
Western Sugar.6 The Thomases moved to Fort Collins in 1930, first staying at the former Clay
family residence at 321 Maple Street (now demolished). By 1933, they had moved to the home
at 308 Cherry Street where they remained until about 1940.
John and Mamie later moved down the street to 316 Cherry Street, a home they would
eventually purchase from Ernest G. Steele in October of 1951.7 By 1940, Mamie Thomas is also
listed as a cook at the Junior High School, employed through the federal Works Progress
Administration, while John’s employment after 1930 is not listed. It is possible John continued to
work as an agricultural laborer. They remained in their home at 316 Cherry Street until after
John Thomas passed away in 1968.8 John and Mamie added Virgil to the title of the property in
June of 1965, although it doesn’t appear that Virgil ever returned to Fort Collins after his parents
passed away.9 His father John is buried in Grandview Cemetery.10
Virgil Gordon Thomas
Virgil Thomas became a prominent young figure in Fort Collins primarily through his athletic
accomplishments. While attending the Junior High (Lincoln Junior High, the former High School
that was on the current location of the Lincoln Center), Virgil was the opening speaker for Good
Will Day on May 18, 1936, giving a speech about the purpose of the event, a day intended to
celebrate the contributions of immigrants to the United States.11 However, as he entered high
school in 1937, his most prominent achievements were in athletics, specifically football, softball,
and boxing. While his athletic advancements are worthy of note, they are significant to Fort
Collins history because he was the first African American student to graduate from the high
school, having such a prominent influence in a community that still operated under a version of
Jim Crow rules that often kept Black families segregated in housing and employment.
It is also important to note the important role athletics played during the 1930s and 1940s, not
only in social life in Fort Collins, but to the civil rights activism in the United States. Baseball and
softball were both popular club sports in Larimer County, with leagues in both sports being
popular enough to justify the construction of public fields and formation of regional associations
by the 1930s. Local lore recalls that the first baseball game in Fort Collins was played
somewhere in present-day downtown in the summer of 1873 between a local team and a team
5 U.S., Social Security Applications and Claims Index, 1936-2007; Calverton National Cemetery
interment records, http://www.interment.net/data/us/ny/suffolk/calverton/calverton-national-cemetery-
records-th.htm, accessed April 1, 2021.
6 1930 Census: Precinct 11, Weld, Colorado; Page: 2A; Enumeration District: 0022; FHL
microfilm: 2339986, accessed through Ancestry.com; While not confirmed, it seems likely that the
neighborhood in which the Thomas’ lived was a small working class neighborhood north of the grain silos
and railroad siding, now comprising of East Fourth and Fifth Streets, and Wall, Clark, and Linden Streets.
7 “Real Estate Transfers,” Fort Collins Coloradoan, October 15, 1951, p2.
8 1940 City Directory, p116, Local History Archive, Fort Collins Museum of Discovery; “John H.
Thomas,” obituary, Fort Collins Coloradoan, May 2, 1968, p3.
9 “Real Estate Transfers,” Fort Collins Coloradoan, June 30, 1965, p9.
10 https://www.findagrave.com/memorial/49397960/john-h-thomas
11 “Good Will Day Assembly Held,” Fort Collins Express-Courier, May 18, 1936, p2.
11.3
Packet Pg. 147 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
10
organized in Greeley.12 While play remained either with amateur teams or with the College’s
“Aggies,” Fort Collins gained a professional baseball team in 1909 with the creation of the what
was eventually named the Fort Collins Lamb Feeders, formed in June of that year and winning
the state championship.13 Nearly every city of size had a baseball club, even if operating in
minor leagues.14 By 1930, Fort Collins formed a softball association as a junior league for young
athletes, usually of high school or college age, sponsored by local businesses or organizations.
By 1935, fourteen softball teams played in the greater Fort Collins area including three teams
formed from area Civilian Conservation Corps camps, and the Mutual Reserve club that Virgil
Thomas would play for just three years later.15
More than just a social pastime, athletics became an important avenue for people of color to
both build their own sense of community, and to advocate for civil rights in their local and
national communities. Nationally, athletes like Jackie Robinson, Jesse Owens, Althea Gibson,
and Roberto Clemente broke racial barriers and competed alongside white athletes,
demonstrating their prowess while advocating for equal rights. Some advocated directly through
organizations like the National Association for the Advancement of Colored People (NAACP),
while others used their wins as means of demonstrating equality. In Fort Collins, this was
especially true for Mexican American players. Often facing discrimination in employment and
housing, informal and private baseball clubs formed by Mexican-American farm workers in Tres
Colonias or the Holy Family area formed teams like the Fort Collins Team under Fred Olivas in
the 1920s, which later became the Legionaires, and the Fort Collins Rebels. They frequently
played against white teams, and as time went on in the 1950s to 1970s, became more ethnically
integrated.16 Currently available records do not document whether Virgil Thomas actively faced
discrimination or pressed against discrimination during his time as a youth athlete in Fort
Collins. However, the context of the time almost guarantees that he faced pressures and
barriers that white athletes did not. At the same time Virgil was playing football, softball, and
boxing for teams in Fort Collins, his Black neighbor, Mattie Lyle, filed her lawsuit against the
State Theater for discrimination. Considering the mixed nature of race relations in Fort Collins at
the time, with endemic discrimination against Black, Latinx, and Native residents, Virgil’s
decision to press forward as an athlete, especially as one of the first Black athletes in the
community, is highly significant.
In the summer of July 1937, just before entering high school, Virgil became a pitcher for the
local junior softball club, the Mutual Reserves. The Reserves were part of a much larger
grouping of local softball and baseball clubs that had operated in Fort Collins since the sports
caught on in the late-1800s. On July 26, 1937, as a new pitcher, Virgil pitched a two-hit game
that protected the Reserves undefeated season and placed them in a position to win the Class
B softball championship for the regional conference.17 Virgil became such a critical component
of the Reserves lineup that for the 1939 season, when he had taken a job in Colorado Springs
to continue paying tuition for school, the manager and teammates placed a column in the
12 “First Base Ball Game Played on Diamond in Fort Collins,” Fort Collins Weekly Express,
August 13, 1914, p2.
13 Fort Collins Express, November 15, 1910.
14 “Personnel of Ball Team Fixed,” Fort Collins Express, June 30, 1909, p12.
15 “Junior Softball Planned” Fort Collins Express-Courier, May 17, 1936.
16 Lidia Romero, “Beet Fields to Baseball Fields,” and “Sport Allowed Racial Harmony to Step Up
to the Plate,” Somos Familia, Vol. 1, No. 4 (Fall 1999), 120-123, accessed via FCMOD.
17 “Reserves Beat Class Rivals,” Fort Collins Express-Courier, July 27, 1937, p7.
11.3
Packet Pg. 148 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
11
Express-Courier pleading for a business owner to employ him locally for the summer to
preserve their season outlook.18
Alongside softball, in 1938 Virgil began boxing for the Lambkins student club, taking fights over
the summer before his Junior year. On May 31, 1939, he was on the fight card for a Veterans of
Foreign War’s matchup at the State Armory on South College Avenue, going up against Red
Nelson of Denver, the heavyweight champion of the Catholic Youth organization of the metro
area.19 By his senior year, Virgil was noted by the Express-Courier as the best heavyweight
boxer of the club under the coaching of Bill Hinkley. While Virgil wasn’t as accomplished a boxer
as he was a pitcher or lineman, losing some of his notable fights with Denver area boxers, the
community still took interest in his career during his four years at Fort Collins High School until
the club ended intramural fights in early 1940 due to lack of interest.20
Most significant of Virgil Thomas’ athletic accomplishments were his time as an offensive
lineman for the Fort Collins High School Lambkins football team, aided by his height (around six
feet) and weight (about 200 pounds). In the fall of 1937, Virgil entered Fort Collins High School
at Lake and Remington Streets as a freshman. His sophomore year (1938), he secured a
position on the Lambkins football team.21 Virgil immediately demonstrated talent for the game,
aided by his height and size, starting in the first two conference games that season as a left
offensive tackle and kicker. The Express-Courier highlighted Thomas as one of the key players
on the team, and named him the all-conference second choice at right tackle behind starter Bill
Crompton.22 He continued playing in 1939 although he sprained his wrist in a game against
West Denver early in the season and through the 1940 season.23
Thomas’ skills on the gridiron secured him an athletic scholarship to play football for Wilberforce
College in Ohio, the oldest private historically Black college in the United States, founded in
1856 outside the town of Xenia.24 There he attended school and played football until February
of 1943, when he was drafted into the U.S. Army.25 During his service, he saw action as part of
the 92nd Division, Fifth Army in Italy and rose to the rank of Corporal.26 After the war, Thomas
moved to Brooklyn in New York City, where he married Laura Mae Smith and they had a child
together. Virgil passed away on April 24, 1980 and is buried in Calverton National Cemetery on
Long Island. His wife Laura Mae passed away on April 15, 2009, and is buried in Calverton with
Virgil.27
Based on the size of the Black community in the 1930s and available records, it is likely that
Virgil Thomas and his family had some relationship with the Lyles and Murrays just south of
18 “The Mutual Reserve,” Fort Collins Express-Courier, July 5, 1939, p5.
19 “Won Championship,” Fort Collins Express-Courier, May 29, 1939, p7.
20 “Lambkin Boxers Being Drilled by Bill Hinkley,” Fort Collins Express-Courier, January 16, 1940,
p7; and “Jess Willard Enters Local Ring as Referee,” May 19, 1940, p3; and “Estes Park Plans New Grid
Field,” February 22, 1940, p7.
21 “58 Lambkins at Grid Drill,” Fort Collins Express-Courier, September 6, 1938, p7.
22 “Lambkins Play Trojans,” Fort Collins Express-Courier, October 11, 1938, p5; “Held His
Ground,” and, October 16, 1938, p7, and “First and Second,” November 16, 1938, p7.
23 “Pass Offense Practised by High School,” Fort Collins Express-Courier, September 27, 1939,
p5.
24 “Wood Refuses C.U. Offer to Play Basketball,” Fort Collins Express-Courier, June 6, 1940, p7.
25 Fort Collins Express-Courier, February 9, 1943, p6.
26 “Mines Still Dangerous Soldier Tells Parents,” Fort Collins Express-Courier, June 26, 1945, p2.
27 “Surnames Th,” Calverton National Cemetery interment list, Interment.Net,
http://www.interment.net/data/us/ny/suffolk/calverton/calverton-national-cemetery-records-th.htm,
accessed April 26, 2021.
11.3
Packet Pg. 149 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
12
them on Meldrum Street, and the Birdwhistles who lived on W. Oak Street. It is worth noting that
during Virgil Thomas’ junior year at Fort Collins High School, Mattie Lyle sued the State Theater
for discrimination in County court and won her case. Also at this time, John Mosley attended
Colorado A&M, later becoming the first Black student to letter for the Aggies football team,
playing with them until his graduation in 1943. Mosley lived on North Meldrum for a time during
his attendance at the University, likely boarding with the Murrays at 238 N. Meldrum Street
during Virgil’s senior year at high school. The overlap in residence serves as a reminder of two
key likelihoods about Virgil Thomas: first, that he very likely faced discrimination in his day-to-
day life, on the athletic fields when playing or boxing, and while attending school at Fort Collins
High School; and second: that he benefited from living next to Black men and women in the
community like Mattie Lyle and John Mosley who provided him with strong models for how to
fight against that discrimination and live a full life.
After the Thomas Family
After John and Mamie Thomas moved down the street to 316 Cherry, the property remained a
residence for predominantly working class families, including several Latinx households,
indicative of larger trends where Mexican American families continued to live in the blocks
around Holy Family Catholic Church. By the end of 1940, Floro and Grace Martinez lived at the
property with their two children, Lee and Rosie, Floro being an employed through the federal
Works Progress Administration.28 By 1948, Placid and Beatrice Hoernicke lived at the property,
Placid being a farm laborer and later a trucker and construction worker.29 The Hoernicke family
remained, although with different occupants between 1968 and 1983, the residents included
Edna, an accounting clerk for the City Finance Department, Paul, a worker at the municipal
dump, and Placido, a student a Colorado State University.30 By 1996, the owners were Early
and Ray Joyce, but in that year, the Joyces sold the property to Manual and Amada Martinez.31
In 2013, the Martinez family sold the property to Ramon & Kim Medina and Robert and Susan
Baker.32 Later that year, the Medinas purchased the Bakers’ interest in the property, and
continue to own the property as a business office.33
ARCHITECTURAL INFORMATION
Construction Date: 1904
Architect/Builder: Michaud Brothers
Building Materials: Wood – horizontal weatherboard; asbestos siding (shingles) metal siding
Architectural Style: Hipped Roof Box
Description:
The Thomas House at 308 Cherry Street is a simple, Hipped-Roof Box on the 300 block of Cherry
Street, a traditionally working class neighborhood developed over the early 1900s as part of the
Fort Collins Avery Plat. Historically, this area was part of a transition zone between the railroad
28 1940 City Directory.
29 1948, 1950, 1952, 1954, 1956, 1957, 1959, 1960, 1962, 1963, 1964, 1966 City Directories
30 1968, 1969, 1970, 1971, 1972, 1973, 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983
City Directories.
31 Warranty deed, Joyce to Martinez, 19960065447, Larimer County Recorder, September 9,
1996.
32 Warranty deed, Martinez to Medina/Baker, 20130013794, Larimer County Recorder, February
21, 2013.
33 Warranty deed, Baker to Medina, 20130079974, October 24, 2013, and Warranty deed,
Medina to 308 Cherry Street, LLC, March 27, 2014, Larimer County Recorder.
11.3
Packet Pg. 150 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
13
industries immediately to the east and the quieter residential neighborhoods around Holy Family
Catholic Church to the west. The entire area was punctuated by a railroad spur that connected to
quarries northwest of town, running immediately north of 308 Cherry Street, but having been
removed later.
The Thomas House is defined by its simple, hipped-roof shape with simple siding and window
configurations. The siding is metal, likely over top of asbestos shingles installed by 1969, which
may be overtop of the original lapboard or dropboard. Windows are historic wood one-over-one
windows with aluminum storm covers on the exterior. The south façade is symmetrical, with a
centered entry under a small porch, flanked by two one-over-one windows. The door is modern,
but centered in the elevation. The porch roof and rear brackets appear historic, but the porch
posts and concrete stoop have been replaced since 1969. An Assessor image from that year
shows a concrete pad with three concrete steps from the front sidewalk, and lathe-turned posts.
A building permit from 1946 says that the porch was repaired in that year but it does not identify
what work was undertaken – the porch as it appears in 1969 is typical of working class homes of
the 1900s and may be original. Currently, the concrete pad has only a two-step stoop from the
front sidewalk and the lathe-turned posts have been replaced with squared porch columns.
The two historic side elevations are similar, having similar arrangements of two, symmetrically
placed one-over-one wood windows with aluminum storm covers. The west elevation includes a
smaller one-over-one wood window that may have been added for a bathroom light.
The rear of the building includes a series of two additions, one historic and one non-historic. The
historic addition is a small gable-roof extension of approximately twelve feet from the rear of the
house, likely a kitchen addition, that is visible in the 1969 Assessor image. Historically, it had a
rear entrance on the east elevation that has since been infilled and enclosed into a fixed window.
There is also a horizontal, narrow fixed window on the east elevation that appears in the 1969
image that remains, but has been replaced with a modern unit. The west elevation of the historic
addition has a single fixed window that appears to be a replacement. Modern paired entry doors
are on the rear (north) elevation of the historic addition, opening onto a non-historic wood deck.
On the northeast corner of the building is a non-historic shed-roof addition with a single slider
window on the north elevation and single door on the east elevation. Wrapping the rear of this is
a wood ramp to provide accessibility to the property.
To the rear of the building are three non-historic sheds and a non-historic wood privacy fence.
There is a concrete driveway and parking lot that wrap around the east and north sides of the
house. The rear of the lot is empty except for a small wooden shed near the back of the lot at the
former railroad right-of-way.
The property’s permit history reveals the following alterations made since construction:
1904 – Construction of the four-room cottage
1946 – Reshingling
1946 – repair porch
1971 – rear enclosed porch (8’x8’) added
1980 – fencing built
1994 – reroof (asphalt shingle)
2013 – bathroom remodel
2013 – Modification to rear entry including ADA compliant ramp
11.3
Packet Pg. 151 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
14
22015 – front sign for attorney’s office added
2018 – roofing (asphalt shingle)
As of the drafting of this nomination, a new two-story carriage house is slated for construction at
the rear of the lot. Based on historical research and photographs, the rear of the lot does not
appear to have been developed or been a significant aspect of the property during its historic
period. It is not expected to have an adverse effect on the historic property due to its location at
the extreme rear of the lot.
11.3
Packet Pg. 152 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
15
REFERENCE LIST or SOURCES of INFORMATION
Calverton National Cemetery interment records,
http://www.interment.net/data/us/ny/suffolk/calverton/calverton-national-cemetery-records-th.htm,
accessed April 1, 2021.
Colorado Historic Newspapers Collection, https://www.coloradohistoricnewspapers.org/.
Fort Collins Coloradoan, online archives.
Fort Collins Museum of Discovery, Local History Archives.
- LC Recreation – Baseball/Softball Folder
- Softball History 1930s folder
- Thomas, Virgil, folder
- City Directories
- Fort Collins History Connection online archive
Larimer County Recorder & Assessor records,
https://records.larimer.org/LandmarkWeb/Home/Index
U.S. Social Security Applications and Claims Index, 1936-2007.
11.3
Packet Pg. 153 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
11.3
Packet Pg. 154 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
16
MAPS and PHOTOGRAPHS
11.3
Packet Pg. 155 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
17 11.3
Packet Pg. 156 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
18
South façade, looking north, January 21, 2021.
West elevation, looking north, January 21, 2021.
11.3
Packet Pg. 157 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
19
East elevation, front portion of the building, looking southwest, January 21, 2021.
East elevation, full side, looking southwest, January 21, 2021.
11.3
Packet Pg. 158 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
20
North elevation from the parking lot, looking south, January 21, 2021.
West elevation and rear addition, looking southeast, January 21, 2021.
11.3
Packet Pg. 159 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
21
Non-historic shed along west property boundary just north of the parking lot, January 21,
2021.
Rear yard space looking northwest to neighboring property and railroad right-of-way,
January 21, 2021.
11.3
Packet Pg. 160 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
Landmark Name: Thomas House
22
Interior front room, looking south at the front entry, showing level of interior preservation
(windows, door and window surrounds, and floors), January 21, 2021.
Interior southwest room, looking southwest at front west corner of building, showing level
of interior preservation (windows and window surrounds), January 21, 2021.
11.3
Packet Pg. 161 Attachment: Landmark Nomination (10538 : 308 Cherry Street Landmark)
-1-
ORDINANCE NO. 109, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE THOMAS PROPERTY, 308 CHERRY STREET, FORT COLLINS,
COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE
CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to City Code Section 14-1, the City Council has established a
public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by resolution adopted on June 16, 2021, the Historic Preservation
Commission (the “Commission”) determined that the Thomas Property, 308 Cherry Street, in
Fort Collins, as more specifically described in the legal description below (the “Property”), is
eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the
property’s significance to Fort Collins under Standard of Significance 1, Events/Trends for
association with Black/African American History in Fort Collins, contained in City Code
Section 14-22(a)(1) and 14-22(a)(3) and strong integrity under five critical standards of
integrity under City Code Section 14-22(b)(1-7); and
WHEREAS, the Commission further determined that designation of the Property will
advance the policies and purposes set forth in City Code Sections 14 -1 and 14-2 in a manner
and extent sufficient to justify designation; and
WHEREAS, the Commission recommends that the City Council designate the
Property as a Fort Collins landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation
and desires to protect the Property; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community; and
WHEREAS, the City Council has reviewed the recommendation of the Commission
and desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
Packet Pg. 162
-2-
BEGINNING 100 FT WEST OF THE SOUTHEAST CORNER, BLOCK 44, FORT COLLINS,
THENCE NORTH 190 FT; THENCE WEST 50 FT; THENCE SOUTH 190 FT; THENCE
EAST 50 FT TO BEGINNING AND ALSO PARCEL DESCRIBED AS BEGINNING AT
SOUTHEAST CORNER BLOCK 44, THENCE WEST 100 FT; THENCE NORTH 190 FT;
THENCE WEST 50 FT; THENCE NORTH 27 3/12 FT MORE OR LESS TO RAILROAD
RIGHT-OF-WAY; THENCE SOUTHEASTERLY;
ALSO KNOWN BY STREET AND NUMBER AS 308 CHERRY STREET,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
be designated as a Fort Collins Landmark in accordance with City Code Chapter 14.
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter
14, Article IV, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 21st of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Packet Pg. 163
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Scott Phelps, Parks Sr. Manager
Mike Calhoon, Director of Parks
Ingrid Decker, Legal
SUBJECT
Items Related to Golf Professionals and Concessionaire Agreements.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 110, 2021, Authorizing the Purchasing Agent to Enter into a Contract for
Services, Professional Services and/or Construction in Excess of Five Years for the Golf Professional at
Collindale Golf Course.
B. First Reading of Ordinance No. 111, 2021, Authorizing the Purchasing Agent to Enter into a Contract for
Services, Professional Services and/or Construction in Excess of Five Years for the Golf Professional at
Southridge Golf Course.
C. First Reading of Ordinance No. 112, 2021, Authorizing the Purchasing Agent to Enter into a Contract for
Services, Professional Services and/or Construction in Excess of Five Years for the Food and Beverage
Concession at Southridge Golf Course.
The purpose of this item is to authorize the Purc hasing Agent, pursuant to City Code Section 8-186(a), to enter
into contracts greater than five years in length for the Golf Professionals at Collindale and Southridge Golf
Courses and to extend the contract for the Food and Beverage Concession at Southrid ge Golf Course. These
three contracts were originally awarded by competitive purchasing processes in accordance with City Code
Section 8-158, Competitive sealed proposals. The contracts for the Golf Professionals include a provision for
the City to extend the contracts for up to an additional five years, subject to Council approval. Extending the
contracts for the Golf Professionals at these two golf courses and the Food and Beverage Concession at
Southridge Golf Course is in the City’s best interest.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Golf Professional is responsible for managing and scheduling the operations at the golf course including
the golf shop, driving range, tee she et, cleaning of workspaces, staffing, accounting, teaching and sales. They
hire their own personnel to staff the golf shops, teach lessons, maintain pace of play, host golf events and act
as ambassadors for the City’s Golf Division throughout the state. A brief background for each Golf Professional
follows:
1. The Golf Professional at Southridge Golf course is David McCleave. The City’s contract with DMAC Golf,
LLC for David McCleave’s services has an effective date of January 1, 2017 and expires on December 31,
2021. The contract for the Golf Professional at Southridge was awarded to DMAC Golf under a
Competitive sealed proposal. To attract the best qualified individuals, the original Competitive sealed
12
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Agenda Item 12
Item # 12 Page 2
proposal and contract contemplated the right for the C ity to extend the contract for an additional five years
subsequent to the expiration of the initial five-year term. David McCleave’s performance has been
excellent with high satisfaction received from participant survey cards.
2. The Golf Professional at Collindale Golf course is Vince M. Buelk. The City’s contract with Vince Buelk
has an effective date of January 1, 2019 and expires on December 31, 2021. The contract for the Golf
Professional at Collindale was originally awarded to Dale Smigelsky under a Competitive sealed proposal.
The effective date of the contract was January 1, 2017. In late 2018, the City and Golf Board approved a
request from Dale Smigelsky to assign the contract to Vince Beulk in accordance with terms of the
contract. Due to the assignment of the contract, the term of Vince Buelk’s contract was limited to an initial
period of three years. The contract contemplated the right for the City to extend the contract for an
additional five years after the expiration of the initial three-year term. Vince Buelk’s performance has been
excellent with high satisfaction received from participant survey cards .
The Food and Beverage Concessionaires also hire their own employees and maintain proper licensing for
sales of food and alcohol in the restaurant and on the Golf Course Grounds. Food and Beverage
Concessionaires provide food and catering for daily golfers, events and for the non-golfing community.
The contract for the Concession at Southridge Golf course was awarded to The Sandtrap Inc. D BA
MacKenzie’s Pub & Grill (“MacKenzie’s”) by Competitive sealed proposal. The contract with MacKenzie’s was
effective January 1, 2017 and expires on December 31, 2021. As a practice, the Concessionaire contracts are
typically extended for an additional five (5) years subject to the Concessionaire’s performance and customer
satisfaction feedback. MacKenzie’s continues to receive positive customer satisfaction.
CITY FINANCIAL IMPACTS
There will not be any changes in the levels of service and the financial impact to the Golf enterprise fund will
remain largely unchanged.
BOARD / COMMISSION RECOMMENDATION
Because the Golf Board does not meet during the summer, the Board has not formally reviewed and approved
the proposed contract extensions. However, sta ff informed Board members of this request by email and
received no objections.
PUBLIC OUTREACH
Participant survey cards indicate high satisfaction with the services provided.
12
Packet Pg. 165
-1-
ORDINANCE NO. 110, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER INTO A CONTRACT FOR
SERVICES, PROFESSIONAL SERVICES AND/OR CONSTRUCTION IN EXCESS OF FIVE
YEARS FOR THE GOLF PROFESSIONAL AT COLLINDALE GOLF COURSE
WHEREAS, the Purchasing Agent has determined that Vince M. Buelk, the current
contractor providing golf professional services at Collindale Golf Course, has performed these
services well and to the satisfaction of the City and the general public under t he existing Golf
Professional Services Agreement (the “Agreement”); and
WHEREAS, the Purchasing Agent has further determined that to continue with the
delivery of high-quality golf professional services to the public at Collindale Golf Course, the
extension of the Agreement for an additional five years, without a new competitive process for
such services, is advisable and would maintain the continuity and provide golf professional
stability in the delivery of those services; and
WHEREAS, Section 8-186(a) of the City Code requires that any contract for services
with a potential total term over five years in length be authorized by the City Council by
ordinance; and
WHEREAS, the City originally awarded the contract for the Collindale golf professional
services to Dale Smigelsky under a competitive sealed proposal, and Mr. Smigelsky entered into
a five-year contract effective January 1, 2017; and
WHEREAS, in late 2018, the City and the Golf Board approved a request from Dale
Smigelsky to assign the contract to Vince Buelk, as permitted under the terms of Mr.
Smigelsky’s contract; and
WHEREAS, the present Agreement with Mr. Buelk is for a three-year term, but
contemplates a possible five-year extension of the Agreement subject to the golf professional’s
satisfactory performance, negotiation of an extension, and City Council approval by ordinance;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the extension of the Agreement
between the City and Vince M. Buelk for Golf Professional Services at Collindale Golf Course
for five years beginning January 1, 2022, pursuant to Section 8-186(a) of the City Code.
Packet Pg. 166
-2-
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021 and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 167
-1-
ORDINANCE NO. 111, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER INTO A CONTRACT FOR
SERVICES, PROFESSIONAL SERVICES AND/OR CONSTRUCTION IN EXCESS OF FIVE
YEARS FOR THE GOLF PROFESSIONAL AT SOUTHRIDGE GOLF COURSE
WHEREAS, the Purchasing Agent has determined that DMAC Golf, LLC, the current
contractor providing golf professional services at Southridge Golf Course, has performed these
services well and to the satisfaction of the City and the general public under th e existing Golf
Professional Services Agreement (the “Agreement”); and
WHEREAS, the Purchasing Agent has further determined that to continue with the
delivery of high-quality golf professional services to the public at Southridge Golf Course, the
extension of the Agreement for an additional five years, without a new competitive process for
such services, is advisable and would maintain the continuity and provide golf professional
stability in the delivery of those services; and
WHEREAS, Section 8-186(a) of the City Code requires that any contract for services
with a potential total term over five years in length be authorized by the City Council by
ordinance; and
WHEREAS, the City awarded the contract for the Southridge golf professional services
to DMAC Golf, LLC, under a competitive sealed proposal, and it entered into a five-year
contract effective January 1, 2017; and
WHEREAS, the Agreement with DMAC Golf, LLC, expires on December 31, 2021, but
contemplates a possible five-year extension of the Agreement subject to the golf professional’s
satisfactory performance, negotiation of an extension, and City Council approval by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the extension of the Agreement
between the City and DMAC Golf, LLC, for Golf Professional Services at S outhridge Golf
Course for five years beginning January 1, 2022, pursuant to Section 8-186(a) of the City Code.
Packet Pg. 168
-2-
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021 and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 169
-1-
ORDINANCE NO. 112, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER INTO A
CONTRACT FOR SERVICES, PROFESSIONAL SERVICES AND/OR
CONSTRUCTION IN EXCESS OF FIVE YEARS FOR THE
FOOD AND BEVERAGE CONCESSION AT SOUTHRIDGE GOLF COURSE
WHEREAS, the Purchasing Agent has determined that The Sandtrap Inc. DBA
MacKenzie’s Pub & Grill (“MacKenzie’s”), the current contractor providing food and beverage
concession services at Southridge Golf Course, has performed these services well and to the
satisfaction of the City and the general public under the existing Concession Agreement (the
“Agreement”); and
WHEREAS, the Purchasing Agent has further determined that to continue with the
delivery of high-quality food and beverage concession services to the public at Southridge Golf
Course, the extension of the Agreement for an additional five years, without a new competitive
process for such services, is advisable and would maintain the continuity in the delivery of those
services; and
WHEREAS, Section 8-186(a) of the City Code requires that any contract for services
with a potential total term over five years in length be authorized by the City Council by
ordinance; and
WHEREAS, the City awarded the contract for the food and beverage concession services
at Southridge Golf Course to MacKenzie’s under a competitive sealed proposal, and it entered
into a five-year contract effective January 1, 2017; and
WHEREAS, the Agreement with MacKenzie’s was for a one-year term with up to four
additional one year renewals, but may be further extended with the City Council’s approval by
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the extension of the Concession
Agreement between the City and The Sandtrap Inc. DBA MacKenzie’s Pub & Grill at
Southridge Golf Course for five years beginning January 1, 2022, pursuant to Section 8-186(a) of
the City Code.
Packet Pg. 170
-2-
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021 and to be presented for final passage on the 21st d ay of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 171
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Greg Yeager, Deputy Chief of Police
Cyril Vidergar, Legal
SUBJECT
Resolution 2021-082 Approving the Execution of the Fourth Amended Intergovernmental Agreement of the
Establishment of the Larimer Emergency Telephone Authority.
EXECUTIVE SUMMARY
The purpose of this item is to approve an agreement to modify, amend and supersede an intergovernmental
agreement concerning the implementation of an "E911" Emergency Telephone Ser vice. The City is a party to
an Intergovernmental Agreement (the “E-911 IGA”) dated November 14, 1990, which established a separate
legal entity called the Larimer Emergency Telephone Authority (“LETA”). LETA is responsible for
administering the operation of the emergency telephone service program (911) and defining how each of the
parties will participate in the Authority. On June 2, 2021, the LETA Board of Directors approved an agreement
to modify, amend and supersede the original E-911 IGA, as last amended by the (2009) Third Amendment to
the IGA. This Resolution approves the execution of the Fourth Amended Intergovernmental Agreement of the
Establishment of the Larimer County Emergency Telephone Authority (the Fourth Amended IGA).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On June 2, 2021, the LETA Board of Directors approved an agreement to modify, amend and supersede the
original E-911 IGA, signed in 1990, as amended in 1999, 2002, and the Third Amendment in 2009. The
proposed modifications reflected in the Fourth Amended IGA include the following:
1. Provide representation for the Town of Timnath, along with Windsor, Johnstown and Colorado State
University on the LETA Board through the members designated as representatives of the small-town
signatories;
2. Provide representation for the Loveland Fire Rescue, Crystal Lakes, Estes Valley, Front Range Fire
Rescue, and Livermore fire districts and fire authorities through the members designated as
representatives of the fire district and fire authority;
3. The Fort Collins City Manager shall appoint the Fort Collins representative to the LETA board of directors,
consistent with Council Resolution 2011-049 in which the Council delegated its appointment powers to the
City Manager;
4. LETA’s powers essentially remain the same under the Fourth Amended IGA, though those powers are
more clearly enumerated. The most significant change in this regard is creation of criteria for a qualifying
vote to dissolve LETA, requiring at least three-quarters (3/4) of the then-parties to agree in writing and
13
Packet Pg. 172
Agenda Item 13
Item # 13 Page 2
identify one or more entities who will succeed LETA and undertake continued operation of regional E -911
Emergency Telephone Services; and
5. The Fourth Amended IGA also reflects changes in federal and state law, advancements in 911 call
technology and infrastructure, and the intent and purposes as to LETA’s operations, and further clarifies
that the LETA Board of Directors and LETA officers and employees are afforded the benefits of Colorado
law regarding governmental immunity.
CITY FINANCIAL IMPACTS
No new impacts; city staff time remains consistent.
PUBLIC OUTREACH
All LETA Board of Director meetings are open public meetings and minutes are posted on LETA’s website
https://leta911.org/leta-board/ .
ATTACHMENTS
1. LETA Board Meeting Minutes - June 2, 2021 (PDF)
2. LETA Board Minutes - April 7, 2021 (PDF)
3. Third Amended IGA - July 21, 2009 (PDF)
13
Packet Pg. 173
LETA Meeting Minutes
1
Date: 06/02/21
1 CALL TO ORDER | ROLL CALL
Chair Kufeld called the meeting to order at 0859 and conducted a roll call. Members
present: Chair Kufeld, Vice Chair Manago, Secretary Charles, Director Coldiron,
Director Lesher, and Director Meisner.
Staff members present: Chief Executive Officer (CEO) Kimberly Culp, Technical
Manager Ed Roth, Operations Manager Val Turner, GIS Analyst Ben Butterfield and
Network Sys Admin Eric Weisbart.
2 REVIEW OF THE AGENDA
No additions or comments.
3 PUBLIC COMMENT
No comments.
4 CONSENT CALENDAR
a.Approval of April 7th meeting minutes
b.Approval of March and April finance reports
c.Approval of March and April deposits and bill reports
Chair Kufeld called for a motion to approve the consent calendar. Director Lesher
made the motion to approve. Director Meisner seconds the motion. All in favor.
UNANIMOUSLY PASSED on the following vote: AYES: Chair Kufeld, Vice
Chair Manago, Secretary Charles, Director Coldiron, Director Lesher and
Director Meisner. NOES: None ABSENT: None ABSTAIN: None
5 2020 Audit
a.Audit Review
Alan Holmberg presented LETA’s 2020 Financial Audit. He stated that
documentation accurately reflects the financial position of LETA. No questions
from the board.
ATTACHMENT 1 13.1
Packet Pg. 174 Attachment: LETA Board Meeting Minutes - June 2, 2021 (10547 : LETA)
LETA Meeting Minutes
2
b. 10-year financial projections
This document was not ready for board review.
6 OLD BUSINESS
a. IGA rewrite update
Attorney Oldemeyer stated that there were some minor changes since the last
draft the board reviewed. LETA policies were incorporated into the IGA.
Oldemeyer advised that she is now waiting for feedback and signatures.
b. Backup PSAP update
CEO Culp advised that LETA continues to struggle with CRISP, including
referring to LETA as a vendor. CEO Culp requested that the board make sure
their agencies understand that LETA is a government partner.
c. State 911 Surcharge | Prepaid Surcharge
CEO Culp explained the state surcharge is based on the number of SIP sessions.
These funds are distributed by the PUC. She also advised the prepaid surcharge is
now a flat fee instead of a percentage and that it has generated an increase in
revenue.
7 NEW BUSINESS
a. Data across the 9-1-1 network
CEO Culp stated that LETA is currently using RapidSOS. LETA is also looking
into a 30-day trial with 911Eye as well as trial licenses with Carbyne. She shared
that text across the ESInet is an ongoing discussion.
b. Annual Report
CEO Culp shared LETA’s 2020 Annual Report. It will be posted on LETA’s
website for public viewing.
c. EMD Exploratory Committee
LETA has been tasked with looking into the EMD program and how it is working
in Larimer County. Partner agencies have been invited to participate in the
discussion.
8 STAFF COMMUNICATION
CEO Culp introduced Eric Weisbart as LETA’s new Network and System Administrator.
13.1
Packet Pg. 175 Attachment: LETA Board Meeting Minutes - June 2, 2021 (10547 : LETA)
LETA Meeting Minutes
3
9 BOARD COMMUNICATION
Chair Kufeld recognized Vice Chair Manago on his retirement from LCSO. He was
presented with a LETA jacket in recognition of his time on the LETA Board. Vice Chair
Manago introduced Tim Keaton as his replacement.
10 ADJOURN
Chair Kufeld called for a motion to adjourn. Secretary Charles made the motion to
adjourn. Vice Chair Manago seconds the motion. Meeting adjourned at 10:30 am.
13.1
Packet Pg. 176 Attachment: LETA Board Meeting Minutes - June 2, 2021 (10547 : LETA)
LETA Meeting Minutes
1
Date: 04/07/21
1 WORK SESSION: CALL TO ORDER | ROLL CALL
Chair Kufeld called the meeting to order at 0901 and conducted a roll call. Members
present: Chair Kufeld, Director Coldiron, Director Lesher, and Director Meisner.
Excused Absence: Secretary Charles
Absent: Vice Chair Manago
Staff members present: Chief Executive Officer (CEO) Kimberly Culp, Technical
Manager Ed Roth, Operations Manager Val Turner and GIS Analyst Ben Butterfield.
2 REVIEW OF THE AGENDA
No additions or comments.
3 IGA REWRITE PROJECT
Attorney Oldemeyer explained that changes were made to make the IGA more
understandable. The board considered signing partners, amount of board members, and
board terms. The board agreed that there is an appropriate amount of board members
currently and did not want to set term limits.
Based on the discussion, Attorney Oldemeyer will combine representative points 3 and 4,
as well as reword representative point 1 to include authorities and districts. Attorney
Oldemeyer will start legal discussions with partners with the goal to have the I GA
completed by August.
4 ADJOURN
Work session adjourned at 09:35 am.
5 GENERAL MEETING: CALL TO ORDER | ROLL CALL
Chair Kufeld called the meeting to order at 0935 and conducted a roll call. Members
present: Chair Kufeld, Director Coldiron, Director Lesher and Director Meisner.
ATTACHMENT 2 13.2
Packet Pg. 177 Attachment: LETA Board Minutes - April 7, 2021 (10547 : LETA)
LETA Meeting Minutes
2
Excused Absence: Secretary Charles
Absent: Vice Chair Manago
Staff members present: Chief Executive Officer (CEO) Kimberly Culp, Technical
Manager Ed Roth, Operations Manager Val Turner and GIS Analyst Ben Butterfield.
6 REVIEW OF THE AGENDA
CEO Culp requested to add nominations for new Treasurer due to Director Martinez’
departure under Board Action.
7 PUBLIC COMMENT
No comments.
8 CONSENT CALENDAR
a. Approval of February 3rd meeting minutes
b. Approval of January and February finance reports
c. Approval of January and February deposits and bill reports
Chair Kufeld called for a motion to approve the consent calendar. Director Lesher
made the motion to approve. Director Meisner seconds the motion. All in favor.
UNANIMOUSLY PASSED on the following vote: AYES: Chair Kufeld,
Director Coldiron, Director Lesher and Director Meisner. NOES: None
ABSENT: Vice Chair Manago, Secretary Charles ABSTAIN: None
9 BOARD ACTION
a. LETA Policy Manual
The LETA Board reviewed the new format of the LETA policy manual.
Chair Kufeld called for a motion to adopt the policy manual. Director Meisner
made the motion to approve. Director Lesher seconds. All in favor.
UNANIMOUSLY PASSED on the following vote: AYES: Chair Kufeld,
Director Coldiron, Director Lesher and Director Meisner. NOES: None
ABSENT: Vice Chair Manago, Secretary Charles ABSTAIN: None
and Treasurer Martinez. NOES: None ABSENT: Director Meisner ABSTAIN:
None
13.2
Packet Pg. 178 Attachment: LETA Board Minutes - April 7, 2021 (10547 : LETA)
LETA Meeting Minutes
3
b. Board Treasurer position
Chair Kufeld calls for nominations for the position of Treasurer. Director Lesher
nominates himself. No other nominations received. All in favor.
UNANIMOUSLY PASSED on the following vote: AYES: Chair Kufeld,
Director Coldiron, Director Lesher and Director Meisner. NOES: None
ABSENT: Vice Chair Manago, Secretary Charles ABSTAIN: None
and Treasurer Martinez. NOES: None ABSENT: Director Meisner ABSTAIN:
None
10 OLD BUSINESS
a. Public Safety ESInet | Fiber update Hwy 36
CEO Culp stated that LETA is still interested but not actively pursuing for 2021.
Conversations with Larimer County and CDOT continue.
b. Everbridge
CEO Culp advised that many agencies with competing emergency notification
systems are moving away from their vendors for other solutions. LETA is not
moving forward with an RFP/RFI at this time and will work on contract re-
negotiation.
c. Backup PSAP update
CEO Culp told the board that furniture is installed. The project remains on track
with expected completion in Q3 2021 due to radio installation.
d. State 911 Surcharge | Prepaid Surcharge
CEO Culp shared that LETA received less than predicted from the state 911
surcharge. PUC is looking into possible carrier remittance issues. LETA will
watch closely but did budget to have the pay the $450K in 2021.
CEO Culp explained the change in prepaid surcharge remittance. It is now a flat
fee on every purchase instead of a percentage. LETA did see a significant increase
in revenue due to this change. CEO Culp is working with PUC and Lumen on
more accurate solutions for calculating prepaid revenue.
11 NEW BUSINESS
a. LETA 911 Surcharge
CEO Culp stated that the board cannot make a recommendation on surcharge this
month. The board will need to wait on more information on state surcharge
revenue as well as the 10-year projection from Alan’s team.
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b. CCOA – Colorado Council of Authorities
CEO Culp shared that the CCOA would allow 911 authorities to be a single voice
for legislation, filing of comments, etc. She explained that Attorney Oldemeyer
has been working to create an association similar to a police or fire chief’s
association. She anticipates that by the next board meeting, LETA may have
something to present to the board to start
c. County donation to LETA PSAP
LETA is working on an IGA with Larimer County for a one-time donation of
$250K. The IGA should be finalized in the next month.
d. Network & System Admin Position update
CEO Culp advised that the new hire was let go from the position. LETA has
another candidate that has passed backgrounds and will hopefully start in April.
12 STAFF COMMUNICATION
No comments or questions.
13 BOARD COMMUNICATION
CEO Culp advised LETA will be mailing Rena Martinez a jacket and card for her service
on the LETA Board.
14 ADJOURN
Chair Kufeld called for a motion to adjourn. Director Lesher made the motion to adjourn.
Director Meisner seconds the motion. Meeting adjourned at 10:03 am.
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RESOLUTION 2021-082
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXECUTION OF THE FOURTH AMENDED
INTERGOVERNMENTAL AGREEMENT OF THE ESTABLISHMENT OF THE
LARIMER EMERGENCY TELEPHONE AUTHORITY
WHEREAS, the City of Fort Collins is authorized under Colorado Revised Statutes
(“C.R.S.”) Section 29-1-203 to cooperate or contract with others to provide any function, service,
or facility lawfully authorized to each of the cooperating or contracting units, including the
provision of emergency telephone service; and
WHEREAS, on or about November 14, 1990, pursuant to its authority under C.R.S.
Section 29-11-101, et. seq., the City joined multiple political subdivisions in Larimer County,
Colorado to form the “Larimer Emergency Telephone Authority” (LETA) as a separate legal
entity provide emergency telephone service and to establish, collect, and disperse the emergency
telephone charge in Larimer County, and executed an “Intergovernmental Agreement concerning
the implementation of an E-911 Emergency Telephone Service” (the “E-911 IGA”); and
WHEREAS, following its adoption, parties to the E-911 IGA approved amendments in
1999, 2002, and a Third Amended Intergovernmental Agreement for the Establishment of the
Larimer Emergency Telephone Authority (the “Third Amended IGA”) in 2009, as approved by
City Council Resolution 2009-006; and
WHEREAS, pursuant to Article XVII thereof, the Third Amended IGA may be amended
upon an affirmative vote of three-quarters (3/4) of the signatories and execution of any
amendment by all signatories; and
WHEREAS, the LETA Board of Directors recently held a qualifying vote, approved by
three-quarters of the signatories to the Third Amended IGA, to further amend the Third
Amended IGA through by approving a (2021) Fourth Amended Intergovernmental Agreement
for the Establishment of the Larimer Emergency Telephone Authority (the “Fourth Amended
IGA”) to supersede the Third Amended IGA and reflect changes in federal and state law,
advancements in 911 call technology and infrastructure, and the intent and purposes as to
LETA’s operations, and to:
1. provide representation for the Town of Timnath, along with Windsor, Johnstown
and CSU on the LETA Board through the members designated as representatives
of the small-town signatories;
2. provide representation for the Loveland Fire Rescue, Crystal Lakes, Estes Valley,
Front Range Fire Rescue, and Livermore fire districts and fire authorities through
the members designated as representatives of the fire district and fire authority
signatories;
3. establish criteria for a qualifying vote to dissolve LETA, requiring at least three-
quarters (3/4) of the then-parties to agree in writing and identify one or more
Packet Pg. 217
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entities who will succeed LETA and undertake continued operation of regional E-
911 Emergency Telephone Services;
and
WHEREAS, the Interim City Manager recommends the City Council approve the Fourth
Amended IGA to continue participating in regional E-911 Emergency Telephone Services
through LETA; and
WHEREAS, the City Council finds it is in the best interests of the City and the health,
safety and welfare of its citizens to approve the Fourth Amended IGA and continue participating
in LETA.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves the Fourth Amended
Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone
Authority (the “Fourth Amended IGA”) and agrees to become a signatory thereto.
Section 3. That the City Council authorizes the Mayor to execute on behalf of the
City the Fourth Amended IGA, a copy of which is attached hereto as Exhibit “A” and
incorporated herein by this reference, with such additional or modified terms and conditions as
the City Manager may, in consultation with the City Attorney, determine necessary and
appropriate to protect the interests of the City or effectuate the purposes of this Resolution.
Section 4. That the City Council hereby reaffirms the City Manager’s authority to
appoint a City employee as the City’s representative as provided in the Fourth Amended IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of September A.D. 2021.
__________________________________
Mayor
ATTEST:
Interim City Clerk
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FOURTH AMENDED INTERGOVERNMENTAL AGREEMENT
FOR THE ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
This Fourth Amended Intergovernmental Agreement (“Agreement”) is entered into
effective November 1, 2021, by and between the following political subdivisions and public
entities of the State of Colorado, which are referred to herein collectively as “Parties” and are
referred to herein individually by name or as “Party.”
County (1)/Cities (2)/Towns (6)
County of Larimer
City of Fort Collins
City of Loveland
Town of Berthoud
Town of Estes Park
Town of Johnstown
Town of Timnath
Town of Wellington
Town of Windsor
Hospital/Health Services Districts (3)
Health District of Northern Larimer
County
Park Hospital District
Thompson Valley Health Services
District
State (1)
Colorado State University
Fire Authorities (2)
Loveland Fire Rescue Authority
Poudre Fire Authority
Fire Protection Districts (15)
Allenspark Fire Protection District
Berthoud Fire Protection District
Crystal Lakes Fire Protection District
Estes Valley Fire Protection District
Front Range Fire Rescue Fire Protection District
(f/k/a Johnstown Fire Protection District)
Glacier View Fire Protection District
Livermore Fire Protection District
Loveland Rural Fire Protection District
Lyons Fire Protection District
Pinewood Springs Fire Protection District
Poudre Canyon Fire Protection District
Poudre Valley Fire Protection District
Red Feather Lakes Fire Protection District
Wellington Fire Protection District
Windsor-Severance Fire Protection District
WHEREAS, on or about November 14, 1990, multiple political subdivisions entered
into an “Intergovernmental Agreement concerning the implementation of an E-911 Emergency
Telephone Service” (“the IGA”) to form a separate legal entity to serve as a governing body to
provide emergency telephone service and to establish, collect, and disperse the emergency
telephone charge in Larimer County, and they named the new entity Larimer Emergency
Telephone Authority;
WHEREAS, the IGA was thereafter amended three times effective July 7, 1999, April
5, 2002, and July 21, 2009, the July 21, 2009 amendment being known as the “Third Amended
IGA”;
WHEREAS, subject to an affirmative vote of three-quarters (3/4) of the 25 signatories
to the Third Amended IGA, the Parties desire to update the IGA, as amended, to reflect changes
in federal and state law, the signatories to the IGA, advancements in 911 call technology and
infrastructure, and the intent and purposes as to Larimer Emergency Telephone Authority’s
EXHIBIT A A
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operations;
WHEREAS, the Parties are authorized by Colorado statute (Title 29, Article 11, Part 1)
to enter into a contract to establish a separate legal entity that serves as a governing body for the
purpose of providing emergency telephone service and to establish and collect an emergency
telephone charge in Larimer County;
WHEREAS, the Colorado Constitution (Article XIV, Section 18) and Colorado statutes
(Title 29, Article 1, Part 2) permit and encourage governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other;
and
WHEREAS, C.R.S. § 29-1-203 authorizes government, as defined in C.R.S. § 29-1-202,
to cooperate or contract with one another to provide any function, service, or facility lawfully
authorized to each of the cooperating or contracting units if:
1. such cooperation or contracts are authorized by each party thereto with the approval
of its legislative body or other authority having the power to so approve; and
2. any such contract shall set forth fully the purposes, powers, rights, obligations, and
the responsibilities, financial and otherwise, of the contracting parties and may
provide for the joint exercise of the function, service, or facility, including the
establishment of a separate legal entity to do so.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the Parties agree as follows:
I. PREAMBLE
The Parties agree that the recitals set forth above are true and correct and those recitals
are hereby incorporated into the body of this Agreement.
II. SUPERSEDING PRIOR AGREEMENTS
The Parties agree that this Agreement shall supersede the IGA dated November 14, 1990,
the amendments thereto dated July 7, 1999, and April 5, 2002, and the Third Amended IGA.
III. DEFINITIONS
As used herein:
A. The definitions for the following terms shall be the same as set forth in C.R.S. § 29-11-
101, as may be amended: “emergency telephone charge,” “911 access connection,” “911 call,”
“911 surcharge,” “emergency notification service” “emergency service provider,” “public
EXHIBIT A A
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agency,” “public safety answering point” (“PSAP”), which is interchangeable with emergency
communications center (“ECC”), “service supplier,” and “service user.”
B. “Agreement” means this Fourth Amended Intergovernmental Agreement for the
Establishment of Larimer Emergency Telephone Authority;
C. “Board” means the Board of Directors described in Section V in which the powers of the
Governing Body are vested.
D. “Bylaws” means the bylaws of the Governing Body as described in Section V(7).
E. “Emergency telephone service” means the receipt and processing of 911 calls by the
PSAP for the purpose of providing responses from emergency service providers, and may
include providing 911 call-related applications, services, programs, and systems.
F. “Governing Body” means Larimer Emergency Telephone Authority, per the definition
set forth in C.R.S. § 29-11-101(16), as may be amended.
G. “Governing Body's jurisdiction” means within the geographic boundary of Larimer
County, per the definition set forth in C.R.S. § 29-11-101(17), as may be amended. The
Governing Body's jurisdiction differs from the Governing Body’s emergency telephone service
area.
H. “Governing Body’s emergency telephone service area” means the collective boundaries
of the emergency service providers that are used by the PSAPs for call routing and emergency
response.
I. “Parties” means the signatories hereto, but, in the future, will not include any Party after
the effective date of such Party’s withdrawal in accordance with Section X, and will include any
new signatory admitted to this Agreement by the Board in accordance with Section VI(2)(q).
J. “Proportional basis” as used in Section X(3) means a percentage determined by the
following formula: the number of 911 access connections within each boundary of the Identified
Political Subdivisions divided by the total number of 911 access connections in the Governing
Body’s jurisdiction. The Board shall determine the data to use for this calculation based on the
Board’s determination of the most reliable source(s) and representative timeframes. For the
purpose of this definition only: (1) “Identified Political Subdivisions” means Larimer County and
each city and town that is a Party, and (2) the boundary of Larimer County means within the
unincorporated areas of the County. If, at the time of the calculation, Larimer County, a city, or
a town is not a Party, then the Board shall establish the formula to allocate its percentage among
the Identified Political Subdivisions who are Parties.
EXHIBIT A A
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IV. ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
The Parties establish the separate legal entity and Governing Body known as Larimer
Emergency Telephone Authority. The Governing Body may have also been referred to in prior
intergovernmental agreements as the Larimer County Emergency Telephone Authority, which is
hereby corrected. The Governing Body is created as a nonprofit, public entity established
pursuant to C.R.S. §§ 29-1-203 and 29-11-102(1)(b), as may be amended. The Parties intend
that the Governing Body be formed under the Colorado Governmental Immunity Act, C.R.S. §
24-10-101 through 120, as may be amended, and meet the Act’s definition of a “public entity.”
The Parties further intend that the Governing Body meet the definition of a “nonprofit
organization” under C.R.S. § 13-21-115.5, as may be amended (the Volunteer Service Act),
C.R.S. § 13-21-115.7, as amended, and C.R.S. § 13-21-116, as may be amended.
The Governing Body is an independent legal entity, separate and distinct from the
Parties. No debt, liability, or obligation of the Governing Body shall extend to or be an
obligation of a Party, unless agreed to in writing.
The Governing Body is responsible for the installation, administration, management,
operation, maintenance, upgrade, and enhancement of emergency telephone service and
emergency notification service in the Governing Body’s jurisdiction. The Parties will provide
reasonable assistance and cooperation to the Governing Body as it carries out the functions,
services, and facilities described in this Agreement for the Parties.
The Parties believe that governing bodies created pursuant to Part 1 of Title 29, Article
11, including the Governing Body, are not subject to the revenue and spending limitations
imposed by Article X, Section 20 of the Colorado Constitution ("Amendment 1"), and, to the
extent that Amendment 1 may be deemed to apply to governing bodies, the Governing Body
created hereby shall operate as an enterprise within the meaning of Amendment 1 and shall
thereby be exempt from all revenue and spending limitations imposed by said Amendment.
The Governing Body is formed in conformity with C.R.S. § 29-1-203.5. The provisions
of C.R.S. § 29-1-203.5 apply to the Governing Body.
A Party whose boundaries include portions of Larimer County and another county may
be signatories on another intergovernmental agreement related to emergency telephone service
and emergency notification service in such other county.
V. THE BOARD OF DIRECTORS
1. Board. The business and affairs of the Governing Body shall be managed by a Board of
Directors consisting of seven (7) directors, each serving without compensation. The Board shall
have the power to perform all acts necessary, to fulfill the purposes for which the Governing
Body was established, whether express or implied.
EXHIBIT A A
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2. Qualifications of Directors. Each director shall be either (a) a resident of Larimer
County, or (b) an elected official or full-time employee of a Party with an established scope of
responsibility and delegated authority to make and implement policy-making or management-
level decisions for the Party.
3. Appointment to the Board. Each director shall be appointed as follows:
a. The Larimer County Board of County Commissioners shall choose one (1)
individual who meets the qualifications to serve as the director to represent Larimer County. The
Larimer County Board of County Commissioners may determine the method for appointment
from time to time and shall give to the Governing Body notice of any change in its method for
appointment.
b. The City of Fort Collins appoints the City Manager or the City Manager’s
designee as its one (1) individual who meets the qualifications to serve as the director to
represent the City of Fort Collins. The City Council of the City of Fort Collins may change its
method for appointment from time to time and shall give to the Governing Body notice of any
change in its method for appointment.
c. The City Council of the City of Loveland shall choose one (1) individual who
meets the qualifications to serve as the director to represent the City of Loveland. The City
Council of the City of Loveland may determine the method for appointment from time to time
and shall give to the Governing Body notice of any change in its method for appointment.
d. The Town of Estes Park appoints the Town Administrator or the Town
Administrator’s designee as its one (1) individual who meets the qualifications to serve as the
director to represent the Town of Estes Park. The Board of Trustees of the Town of Estes Park
may change its method for appointment from time to time and shall give to the Governing Body
notice of any change in its method for appointment.
e. The Board as then-comprised at the time of the appointment shall solicit
nominees, nominate individually or as a slate, and appoint three (3) additional qualified directors
as follows:
1. A director to represent the Parties that are fire districts and fire authorities;
2. A director to represent the Parties that are hospital and health services districts;
and
3. A director to represent the Parties that are Colorado State University and towns
not otherwise represented on the Board, with preference given to a Party with a
PSAP.
4. Term and Removal. Directors shall serve a term of two (2) calendar years. There is no
prohibition on consecutive terms or on the number of terms. A director may be removed if
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permitted by and pursuant to the procedures set forth in the Bylaws.
5. Voting and Quorum. Each director shall have one (1) vote. No proxy voting shall be
permitted. Directors may participate in a meeting remotely by means of telecommunication that
permits the director to hear and be heard by all individuals in attendance (audio and/or video)
and shall be deemed present for a quorum and entitled to vote at the meeting. A quorum of the
Board shall consist of four (4) directors, except that, should there be four (4) or more vacancies
at any time, then during that time, a quorum shall consist of three (3) directors. No official
action may be taken by the Board on any matter unless a quorum is present. The affirmative vote
of a majority of the Board shall be required for the Board to take action.
6. Vacancy. Any vacancy occurring as a result of a director’s resignation, removal, death,
disqualification, or any other reason shall be filled for the balance of that director’s unfinished
term in accordance with the applicable provision of the appointment process set forth in Section
V(3).
7. Bylaws. The Board has promulgated Bylaws detailing all governance matters it deems
necessary, including but not limited to: the scheduling and conduct of Board meetings, voting,
and director removal; establishment and responsibilities of officer positions, their terms, and the
filling of any vacancies; the establishment and responsibilities of committees; and Governing
Body operating and fiscal procedures. Such Bylaws may be amended by the Board in accordance
with the procedures set forth therein. In the event of a conflict, direct or indirect, between a
provision the Bylaws and this Agreement, this Agreement shall control.
VI. POWERS OF THE GOVERNING BODY
1. Plenary Powers. The Governing Body may carry out all purposes of this Agreement and
may exercise all powers related thereto, including all incidental, implied, expressed, or such
other powers as necessary, except as expressly limited in this Agreement. The Governing Body
shall not have the power to levy taxes or the power of eminent domain.
2. Enumerated Powers. Without in any way limiting the plenary powers set forth in
subsection (1) above, the Governing Body is specifically authorized to undertake all actions for
the installation, administration, management, operation, maintenance, upgrade, and enhancement
of emergency telephone service and emergency notification service within the Governing Body's
jurisdiction that the Governing Body believes are necessary and appropriate and consistent with
applicable law, including but not limited to:
a. imposing, collecting, and auditing all charges and surcharges in the Governing
Body’s jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and
expending such funds as authorized by statute and this Agreement.
b. owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or
otherwise disposing of any legal or equitable interest in real and personal property.
EXHIBIT A A
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c. adopting budgets, maintaining bank accounts, and investing funds.
d. carrying over funds which have not been used in a given fiscal year to the
following fiscal year.
e. negotiating, entering into, amending (if necessary), and performing contracts.
f. adopting, reviewing, and amending the Bylaws and passing resolutions not in
conflict with this Agreement.
g. adopting, reviewing on an annual basis, and amending (if necessary) the
Governing Body’s intergovernmental agreements other than this Agreement, as well as policies,
protocols, procedures, or rules and regulations (collectively, "Policies") related to the provision
of emergency telephone service and emergency notification service within the Governing Body's
jurisdiction on subjects including but not limited to:
o Human Resources
o cost sharing
o street naming
o pictometry
o geographic information systems (GIS)
o Master Street Address Guide (MSAG)
o 911 Call Flow/Routing
o use of the backup PSAP
o 911 network
o fiber optic cable (leasing and owning)
o customer-premises equipment (CPE) and other equipment
o computer aided dispatch (CAD) system
o Combined Regional Information Systems Project (CRISP)
o insurance for PSAP equipment owned by the Governing Body and located
at a facility owned by a Party
o emergency alert systems (selection and use)
o complex emergency events
o records retention and compliance with applicable law
o training, accreditation, and certification
o Emergency Medical Dispatch (EMD)
o call boxes
o finances and investments
In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement,
this Agreement shall control.
h. determining who is authorized to send emergency alerts and the circumstances
EXHIBIT A A
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under which they may be sent.
i. adopting a policy regarding street naming after collaboration with the Parties in
whose jurisdiction the street is located.
j. adopting systems (software, hardware, and protocols) for Emergency Medical
Dispatch (EMD).
k. conducting joint, partnership, cooperative, or other operations with other
individuals and entities.
l. employing agents, accountants, attorneys, engineers, consultants, and other
advisors.
m. incurring and paying debts, liabilities, or obligations, including borrowing and
executing documents incidental thereto.
n. issuing bonds, notes, or other obligations payable from the revenues derived or to
be derived from the revenue of the Governing Body as permitted by applicable law.
o. suing and being sued in its own name.
p. receiving contributions, gifts, bequests, grants, cash, equipment, or services from
the Parties or any other public or private individual or entity.
q. after a formal Resolution of the Board, admitting a new signatory to this
Agreement who becomes a Party without formal amendment of this Agreement, so long as each
new signatory qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative
body or other authority having the power to so approve, and signs a document memorializing its
admission.
r. participating in committees, groups, and organizations at the federal, state, and
local level whose work relates to emergency telephone service and emergency notification
service, including laws, regulations, and rules related thereto.
s. any other act which the Governing Body believes is reasonably necessary for the
exercise of its powers and the performance of its obligations under this Agreement.
VII. BOOKS AND RECORDS
The Governing Body shall keep accurate and correct books of account on a modified
accrual basis, showing in detail the capital costs, costs of services, installation, maintenance and
operating costs, and the financial transactions of the Governing Body. The Governing Body's
books of account shall also correctly show any and all revenues, fund balances, costs, or charges,
EXHIBIT A A
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as well as all funds received by and all funds expended by the Governing Body. The Governing
Body's books and records shall be open to inspection during normal business hours upon
reasonable notice by a Party, its attorneys, accountants, or agents. The books and records of the
Governing Body shall also be made available to the public in accordance with the provisions of
Colorado’s Open Records Act, as may be amended.
The Governing Body shall cause an annual audit to be conducted by an independent
Certified Public Accountant licensed to practice in the State of Colorado. The Governing Body
shall comply with the Colorado Local Government Audit Law, C.R.S. § 29-1-601 through 608,
as may be amended. The Governing Body shall comply with all other applicable federal and state
financial reporting requirements.
The Governing Body shall maintain an asset inventory list for any and all real and
personal property acquired by the Governing Body in whole or in part.
VIII. REPORTS TO PARTIES
On an annual basis, the Governing Body shall submit a comprehensive annual report to
the Parties summarizing the activities of the Governing Body during the preceding year and
make available information concerning the finances of the Governing Body.
IX. DURATION OF AGREEMENT
The Agreement and the Governing Body shall have perpetual existence as permitted by
C.R.S. § 29-1-203(1), as may be amended, unless sooner terminated in accordance with this
Agreement.
X. WITHDRAWAL, TERMINATION, AND DISSOLUTION
1. Withdrawal. Any Party may withdraw from this Agreement by providing notice to each
other Party and to the Governing Body. The withdrawal shall not be effective until at least one
calendar year after the last notice is delivered.
2. Termination by Mutual Agreement of the Parties. Upon a three quarters (3/4) majority
vote of all then-Parties, this Agreement shall be terminated and the Governing Body dissolved so
long as, at the time of the vote, at least three quarters (3/4) of the Parties have also agreed in
writing as to one or more entities who will succeed the Governing Body and undertake all
actions for the continued installation, administration, management, operation, maintenance,
upgrade, and enhancement of emergency telephone service and emergency notification service
within the Governing Body's jurisdiction. The effective date of termination shall be December
31st in the calendar year ending no less than six months after the three quarters (3/4) majority
vote for termination.
EXHIBIT A A
Packet Pg. 227 Attachment: Exhibit A (10509 : LETA RESO)
10
3. Dissolution of Governing Body. Upon the termination of this Agreement pursuant to
subsection (2) above, the Board and the Parties shall take such actions necessary to finalize and
conclude the Governing Body's operations, effect the orderly dissolution of the Governing Body,
and transition emergency telephone service and emergency notification service to the entity or
entities who will succeed the Governing Body, at the discretion of the Board. All assets of the
Governing Body shall be distributed on a proportional basis either in-kind or after liquidation, at
the discretion of the Board, except for any assets that the Board determines should be distributed
to the entity or entities who will succeed the Governing Body. The Board shall be responsible for
inventorying the assets of the Governing Body, distributing or liquidating any assets as
appropriate, concluding the affairs of the Governing Body, and transitioning emergency
telephone service and emergency notification service to the entity or entities who will succeed
the Governing Body. Subject to the exercise of the Board’s discretion, a Party which has
previously made a contribution toward the purchase of a jointly owned asset may receive full
ownership of the asset upon termination; however, the Party must account to the Governing
Body for the amount that the Governing Body contributed toward purchase of the asset upon
distribution of the other assets of the Governing Body. The Parties’ rights related to distribution
of assets shall survive termination of this Agreement.
XI. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS,
AND EMPLOYEES OF THE GOVERNING BODY
The Governing Body and its directors, officers, and employees shall be immune from suit
and civil liability as provided by applicable law because the Governing Body is a nonprofit,
public entity and political subdivision of the State of Colorado established pursuant to C.R.S. §§
29-1-203 and 29-11-102(1)(b), as amended; the Governing Body is a public entity under the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as amended; and the
Governing Body is a “nonprofit organization” under C.R.S. § 13-21-115.5, as amended (the
Volunteer Service Act), C.R.S. § 13-21-115.7, as amended, and C.R.S. § 13-21-116, as amended.
In addition, the Governing Body shall purchase insurance for the Governing Body and its
Board, officers and employees which insurance will provide reasonable coverage against any
claims, suit or proceeding arising out of or relating to any act or omission under this Agreement.
XII. AMENDMENTS
This Agreement may be amended upon the affirmative vote of three-quarters (3/4) of the
then-Parties to this Agreement.
EXHIBIT A A
Packet Pg. 228 Attachment: Exhibit A (10509 : LETA RESO)
11
XIII. NOTICE
Notice to a Party is given by delivering a writing to its current address as listed by the
Department of Local Affairs. The Notice shall be addressed as follows: (a) to the Board in the
case of Larimer County, (b) to the Board and its Chief Executive Officer in the case of a special
district, a fire authority, or the Governing Body, (c) to the City Council in the case of cities, and
(d) to the Town Board, Town Council, or Board of Trustees in the case of Towns. A courtesy
copy shall also be delivered to the attorneys for Larimer County, cities, and towns. Failure to
deliver courtesy copies to the attorneys shall not invalidate a notice otherwise properly delivered
as provided in this Agreement. Notice to a director is given by delivering a writing addressed to
the director to the Governing Body’s current address. Notice shall be effective upon receipt if
hand-delivered or three (3) days after mailing if sent by first-class or certified U.S. mail.
XIV. SEVERABILITY
In the event any provision of this Agreement is determined to be illegal or invalid for any
reason, all other provisions of this Agreement shall remain in full force and effect unless and
until otherwise determined by a Court of competent jurisdiction. The illegality of any provision
of this Agreement shall in no way affect the legality and enforceability of any other provision of
this Agreement.
XV. SUCCESSORS AND THIRD PARTIES
This Agreement shall be binding upon and shall inure to the benefit of the successors of
the Parties. This Agreement is not intended to, and does not, inure to the benefit of non-Parties to
this Agreement.
XVI. ASSIGNMENT AND DELEGATION
No Party shall assign any of the rights nor delegate any of the duties created by this
Agreement without the written approval of three-quarters (3/4) of the other then-Parties to this
Agreement.
XVII. COUNTERPARTS
This Agreement may be executed by original, scanned, or digital counterpart signatures
and shall have the same force and effect as if all signatures appeared on the same original.
IN WITNESS WHEREOF, the Parties have caused their representatives to affix their
respective signatures hereto.
EXHIBIT A A
Packet Pg. 229 Attachment: Exhibit A (10509 : LETA RESO)
12
COUNTY OF LARIMER
STATE OF COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
ALLENSPARK FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
CITY OF FORT COLLINS, COLORADO
By:
Jeni Arndt, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Cyril Vidergar
Date:
BERTHOUD FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
CITY OF LOVELAND, COLORADO
By:
Stephen C. Adams, City Manager
ATTEST:
APPROVED AS TO FORM (if applicable):
Laurie Stirman
Date:
CRYSTAL LAKES FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
EXHIBIT A A
Packet Pg. 230 Attachment: Exhibit A (10509 : LETA RESO)
13
TOWN OF BERTHOUD, COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
ESTES VALLEY FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF ESTES PARK, COLORADO
By:
Wendy Koenig, Mayor
ATTEST:
Jackie Williamson, Town Clerk
APPROVED AS TO FORM (if applicable):
Dan Kramer
Date:
FRONT RANGE FIRE RESCUE FIRE
PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF JOHNSTOWN, COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
GLACIER VIEW FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
EXHIBIT A A
Packet Pg. 231 Attachment: Exhibit A (10509 : LETA RESO)
14
TOWN OF TIMNATH, COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
LIVERMORE FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF WELLINGTON, COLORADO
By:
Troy Hamman, Mayor
ATTEST:
Krystal Eucker, Town Clerk
APPROVED AS TO FORM (if applicable):
Dan Sapienza
Date:
LOVELAND RURAL FIRE
PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF WINDSOR, COLORADO
By:
Paul Rennemeyer, Mayor
ATTEST:
Karen Frawley, Town Clerk
APPROVED AS TO FORM (if applicable):
Ian McCargar
Date:
LYONS FIRE PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
EXHIBIT A A
Packet Pg. 232 Attachment: Exhibit A (10509 : LETA RESO)
15
HEALTH DISTRICT OF NORTHERN
LARIMER COUNTY
By:
Michael D. Liggett, Board President
ATTEST:
Anita Benavidez, Asst. to E.D.
APPROVED AS TO FORM (if applicable):
Date:
PINEWOOD SPRINGS FIRE
PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
PARK HOSPITAL DISTRICT
By:
Gary Hall, CIO/COO, Estes Park Health
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
POUDRE CANYON FIRE PROTECTION
DISTRICT
By:
Gene Mericle, President
ATTEST:
Paula Collins, Secretary
APPROVED AS TO FORM (if applicable):
Date:
THOMPSON VALLEY HEALTH
SERVICES DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
POUDRE VALLEY FIRE PROTECTION
DISTRICT
By:
Derek Bergsten, Chief
ATTEST:
Sean Jones, Battalion Chief
APPROVED AS TO FORM (if applicable):
Date:
EXHIBIT A A
Packet Pg. 233 Attachment: Exhibit A (10509 : LETA RESO)
16
COLORADO STATE UNIVERSITY
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
RED FEATHER LAKES FIRE
PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
LOVELAND FIRE RESCUE
AUTHORITY
By:
Jeff Swanty, Board Chair
ATTEST:
Kristen Cummings
APPROVED AS TO FORM (if applicable):
Emily Powell
Date:
WELLINGTON FIRE PROTECTION
DISTRICT
By:
Gary Green, Chief
ATTEST:
Ashley Macdonald, Deputy District Manager
APPROVED AS TO FORM (if applicable):
Date:
POUDRE FIRE AUTHORITY
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Emily Powell
Date:
WINDSOR-SEVERANCE FIRE
PROTECTION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
EXHIBIT A A
Packet Pg. 234 Attachment: Exhibit A (10509 : LETA RESO)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Lawrence Pollack, Budget Director
Travis Storin, Chief Finance Officer
John Duval, Legal
SUBJECT
Resolution 2021-083 Setting the Dates of the Public Hearings on the 2022 Pr oposed City of Fort Collins
Budget.
EXECUTIVE SUMMARY
The purpose of this item is to set two public hearing dates for the proposed 202 2 budget that the City Manager
has filed with the City Clerk pursuant to Section 2 of City Charter Article V. Section 3 of City Charter Article V
requires Council to set a date for a public hearing on the proposed budget and to cause notice of the hearing
to be published. This Resolution sets two public hearing dates for Council’s regular meeting on September 21,
2021, and its regular meeting on October 5, 2021. The Resolution also directs the City Clerk to publish the
notice of these two hearings, which notice is attached as Exhibit “A” to the Resolution.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
14
Packet Pg. 235
-1-
RESOLUTION 2021-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING THE DATES OF THE PUBLIC HEARINGS ON THE
2022 PROPOSED CITY OF FORT COLLINS BUDGET
WHEREAS, City Charter Article V, Section 2 provides that the City Manager shall file
with the City Clerk on or before the first Monday in September preceding each budget term the
proposed budget for that ensuing budget term; and
WHEREAS, City Charter Article V, Section 1 provides that the City Council is to set by
ordinance the number of fiscal years that shall constitute the City’s “budget term”; and
WHEREAS, in 2010, the City’s budget term was set in City Code Section 8 -1 as being
two fiscal years, so a biennial budget term; and
WHEREAS, under Code Section 8-1, the City’s next biennial budget term would be for
fiscal years 2021 and 2022 (the “2021-22 Budget Term”); and
WHEREAS, on May 19, 2020, City Council adopted Ordinance No. 067, 2020,
(“Ordinance No. 067”) suspending for only the 2021-22 Budget Term the biennial budget term
required by Code Section 8-1 to allow for one-year budget terms for both fiscal years 2021 and
2022 due to the economic turmoil and uncertainty that has occurred because of the COVID-19
global pandemic; and
WHEREAS, the City Manager has therefore filed with the City Clerk a proposed budget
for the City of Fort Collins for the fiscal year 2022 (the “Proposed 2022 Budget”) as required in
Article V, Section 2 of the City Charter and as authorized in Ordinance No. 067; and
WHEREAS, Article V, Section 3 of the City Charter requires that, within ten days of the
date of the filing of the proposed budget with the City Clerk by the City Manager, the City
Council shall set a time certain for a public hearing and cause a notice of the hearing to be
published; and
WHEREAS, the City Council wishes to set two hearing dates to receive public input on
the Proposed 2022 Budget and to cause the publication of a notice for these two hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the public hearings will be conducted by the City Council at the City
Council Chambers, City Hall West, 300 Laporte Avenue on September 21, 2021, and October 5,
2021, at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public
input on the Proposed 2022 Budget.
Packet Pg. 236
-2-
Section 3. That the notice of these two public hearings, which is attached hereto as
Exhibit “A” and incorporated herein by reference, is ordered to be promptly published by the
City Clerk in the Fort Collins Coloradoan.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of September, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Packet Pg. 237
Exhibit “A”
NOTICE OF PUBLIC HEARINGS
OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING
THE CITY’S PROPOSED 2022 BUDGET
Notice is hereby given that public hearings will be held by the Council of the City of Fort
Collins in the Council Chambers in City Hall West, at 300 LaPorte Avenue in the City of Fort
Collins, Colorado, on Tuesday, the 21st day of September 2021, and Tuesday, the 5th day of
October, 2021, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing,
to receive public input on the proposed 2022 budget for the City of Fort Collins.
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.
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.
Dated this ____ day of September, A.D. 2021.
___________________________, Interim City Clerk
A
Packet Pg. 238 Attachment: Exhibit A (10544 : Budget Dates RESO)
Vo lunteer Services Program
09-07-21
Staff Update
Sue Schafer, Volunteer Services Program Manager
STAFF INFORMATION REPORT 1
Packet Pg. 239 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
City Volunteer Programs
Something for everyone!
•Arts & Culture
•Environment
•Justice
•Recreation
•Seniors
•Transportation
•Yo uth
2
1
Packet Pg. 240 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
3A J ourney To wards Excellence
1
Packet Pg. 241 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
4Volunteer Services Program
Vision
Creatively engaging volunteers in their unique talents
Mission
Promote volunteer involvement to improve services
and create community
1
Packet Pg. 242 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
5National Accreditation
Certified in 2019
1
Packet Pg. 243 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
Pre-Pandemic 6
Vo lunteer Hours
Across 29 Departments
•Natural Areas
•Recreation
•Lincoln Center
•Gardens on Spring Creek
•Police Services
Vo lunteers
•Auxiliary Police
•Victim Advocates
•Vo lunteer Mediators
•Yo uth Sports Coaches
•Vo lunteer Rangers
Full-Time
Equivalent
•Education Programs
•Special Events
•Tr ail building/Restoration
•Community Outreach
•Safety
152,002 10,708 73
1
Packet Pg. 244 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
7Economic Impact
ECONOMIC IMPACT =$3,95 Million
Return on Volunteer Investment
(ROVI)= $7.97 for ev ery $1 spent
Independent Sector
1
Packet Pg. 245 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
Stepping Up to Help the Community 8
Ad opt A Neighbor
•274 Active Vo lunteers
•89 Neighbors adopted
•418 Neighbor visits
1
Packet Pg. 246 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
Thanks to Volunteers 9
•Building Parks
•Clean trails and natural
areas
•A f riendly face on the trail
•A w elcome presence in
facilities.
•Inclusion
•Diversity
•Low-cost programming
•Friendly Neighbors
•Hogwarts Halloween
•Tr eatsylvania
•Concerts
•Sports
•Community Outreach
1
Packet Pg. 247 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
For More Information, Visit
THANK YOU!
Fcgov.com/volunteer
1
Packet Pg. 248 Attachment: Staff Report - Volunteer Services Update (10560 : Staff Report - Volunteer Services)
Presented by:
Staff Report-Code
Compliance Update
9-7-2021
Justin Moore
Lead Inspector-Code Compliance
STAFF INFORMATION REPORT 1
Packet Pg. 249 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
2
CITY PLAN
SC 1: Create public Spaces and
rights-of-way that are safe and
welcoming to all users.
SC 1.1-Neighborhood Relations
Provide and expand opportunities for
neighborhood safety and involvement
by fostering good neighborhood
relations, building a sense of
community pride and involvement,
promoting safe and attractive
neighborhoods, and encouraging
compliance with City codes and
regulations.
2020 STRATEGIC
PLAN
NEIGHBORHOOD LIVAB ILITY
& SOCIAL HEALT H
NLSH 1.5-Enhance the quality
of life in neighborhoods,
empower neighbors to solve
problems, and foster respectful
relations.
1
Packet Pg. 250 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
3
To positively affect and continually improve the livability and
quality of life in our neighborhoods. As a city, we want all of our
citizens to be able to live happily and comfortably in their
homes, whether as a renter or an owner.
Code Compliance Mission
1
Packet Pg. 251 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
Code Compliance Team
Ø Seven Full-time Inspectors
Ø One Part-time ROW Inspector
Ø Coverage 7 days/week
Ø Proactive Patrol & Reactive Response
Ø Education & Voluntary Compliance
Ø Two administrative support
4
1
Packet Pg. 252 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
5Code Compliance
Nuisance and
Occupancy Code
CDNS
Engineering/
ROW
Enforcement
Utilities
Forestry
Environmental
Services
Special
Events
1
Packet Pg. 253 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
6Nuisance Violation Process
Inspection
-Proactive
-Complaint
Violation
Notice
-Compliance
timeframe
Re-Inspection
-Posting 1 Day
Re-
Inspection
-Corrected or
Enforced
Abatement
and/or
Citation
1
Packet Pg. 254 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
2020-2021 Nuisance Cases 7
To tal Cases-
2020: 7,476 (40% Complaint, 60% Proactive)
2021*: 6,152 (31% Complaint, 69% Proactive)
Citations-
2020: 57
2021*: 32
Ab atements 2020 2021*
Snow 221 299
Weeds 11 0 66
Rubbish 37 29
Forestry 19 17
389 411*
1
Packet Pg. 255 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
8Voluntary Compliance Tr ends
VC Rates 2018 2019 2020 2021*
Q1 94.8%93.4%97%85%
Q2 98.8%98.6%97%97%
Q3 95.9%95.9%97%99%*
Q4 98.1%88.6%95%TBD
Ye ar 96.9%94.1%96.5%TBD
1
Packet Pg. 256 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
For More Information, Visit
THANK YOU!
https://www.fcgov.com/neighborhoodservices/code-compliance
1
Packet Pg. 257 Attachment: Staff Report - Code Compliance Staff Report- 9-7-21 (10595 : Staff Report - Code
City of Fort Collins Page 1
Jeni Arndt, Mayor
Emily Francis, 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
Council Information Center (CIC)
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Tammi Pusheck
City Attorney Interim City Manager Interim City Clerk
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 petición, 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 Council Work Session
September 7, 2021
7:30 PM
(or immediately following Regular Council Meeting)
• CALL TO ORDER.
1. 2021-2023 Council Priorities. (staff: Ginny Sawyer, Kyle Stannert; 15 minutes; 45 minutes)
The purpose of this item is to provide a plan to track and implement Council Priorities and confirm
and clarify progress goals.
• ANNOUNCEMENTS.
• ADJOURNMENT.
DATE:
STAFF:
September 7, 2021
Ginny Sawyer, Policy and Project Manager
Kyle Stannert, Deputy City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
2021-2023 Council Priorities.
EXECUTIVE SUMMARY
The purpose of this item is to provide a plan to track and implement Council Priorities and confirm and clarify
progress goals.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions does Council have regarding any of the information and plan provided?
BACKGROUND / DISCUSSION
As part of a standard post-election process, Council has worked through numerous potential priorities for the
2021-2023 term of this Council. Following two retreats and a work session, 31 Priorities have been adopted by
Council.
To ensure transparency and progress on these Priorities, staff has initiated the following:
• Categorizing Priorities by Budget Outcome Areas;
• Assigning leads to each priority with accountability for progress;
• Identifying existing work that supports Priorities;
• Identifying tasks and milestones to support the Priorities’ outcome statements;
• Identifying 2022 Budget offers that support Priorities; and
• Identifying existing metrics that support Priorities.
o Where no existing metrics exist, staff has proposed metrics or recommended a percent of tasks complete
metric.
Once the tasks, metrics, and clear understanding of “what success looks like” have been confirme d, a Council
Priorities Dashboard will be created using the same tool that currently houses all metrics related to the budget
process as well as the Community Dashboard.
Utilizing Clear Point to create a dashboard will allow easier, on -demand access to the Priorities. The metrics and
any other noted progress will be updated in the system every other month. Reports may also be generated. Staff
anticipates the Council Priorities Dashboard to be created and available by the end of October.
Key items of note:
• Some priority milestones listed are budget dependent (Priorities: 8, 10,18, 20, 29, & 30) and will be
confirmed and/or adjusted following the 2022 budget adoption.
• Priority #23: Develop a Circular Economy Plan will be a subset of an overall Economic Health Strategic
Plan (EHSP). The noted milestones are specific to the EHSP.
• Regionalism strategy and milestones will be developed and leveraged following the compilation of
existing mechanisms.
1
Packet Pg. 2
September 7, 2021 Page 2
• Priority#10: Accelerate Composting. Acceleration efforts will require additional clarification and
resources. Existing staff resources can support the other waste reduction and recycling priorities and
continuation of the Regional Wasteshed partnership on this priority.
ATTACHMENTS
1. 2021 Council Priority Work Plan (PDF)
2. Council Priority Calendarization (PDF)
3. Powerpoint Presentation (PDF)
1
Packet Pg. 3
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ACTION /NOTES
1. 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.
City Attorney's Office (Carrie
Daggett), Larimer Humane
Society, PDT/CDNS (Caryn
Champine, Paul Sizemore,
Marcy Yoder)
Existing offers for Animal Control services may
be relevant depending on outcome of
discussion NLSH 10.4 and 10.7 cover the
Larimer Humane Society contract.
Provide overview of current penalties and explanation of current
enforcement practices as background for Council discussion as
desired.Council
work session may be needed.
CDNS: NLSH 32. Animal Control warnings
and citations
Follow-up actions and metrics will depend on
outcome of discussion and identification of
specific goals.
2. 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
Municipal Court (Chief Judge Jill
Hueser), CDNS (Caryn
Champine, Paul Sizemore,
Marcy Yoder, Perrie McMillen),
CAO (Carrie Daggett)
Court is actively developing teen diversion
program.Meeting with
key stakeholders to identify areas where
there are gaps in service to identify
participants. One area
already identified is smoking/vaping.
Court has already developed a process to
route these teens into the program.
Court has requested funding for this program
and other intervention programs as part of
BFO offer 57.6.
Hoping to reallocate some funding to launch initial program Q1 2022
Program will track referrals, time in program, and recidivism as
quantitative measures.
Will collect feedback from participants and stakeholders for
qualitative analysis.
% Progress/Complete
STRATEGIC OUTCOME: Safe Community
Attachment 1 1.1
Packet Pg. 4 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
3a/3b. Advance transit initiatives
that remove barriers
Grow and improve transit-service in alignment with the
2019 Fort Collins Transit Master Plan. Advance critical
action items, increase operating and grant local match
budget, and complete necessary capital investments.
PDT (Caryn Champine,
Drew Brooks)See Tasks to Complete for detail
Funding and Fare Study: Complete funding and fare study to assess
cost benefit analysis of fare collection and alternatives. This study will
inform future action such as ballot initiatives for Council
consideration. Study should begin in Q4 of 2021 and end by Q4 of
2022.
W. Elizabeth BRT: Complete Preliminary Design on W. Elizabeth Bus
Rapid Transit project and continue to explore funding sources for
final design and construction. Prelim Design is currently underway
should be complete by Q4 of 2021.
North Transit Facility Design and Study: A transit facility in the north
part of town is critical to support expansion of our transit system.
This study is currently underway and should be complete by Q4 of
2022.
North College Transit Oriented Development Plan : This planning
effort evaluates the extension of Bus Rapid Transit to North College
area and related land use and infrastructure investment
opportunities. This plan is underway and should be complete by Q2
of 2022.
1. Financial analysis of total costs, current funding
sources and identification of funding gap
2. Completion of existing studies, determination of
implementation next steps, and updated cost
estimates
Consider potential work
session in Q1 2022 to bring the
different efforts together into a
discussio n of highest priority
implementation actions for the
next 2 years.
Identify new or expanded partnerships with
educational institutions in the community that will
increase mobility access for students and youth.
PDT/TransFort (Caryn
Champine, Drew Brooks)
Offer 19.14 Analysis of Poudre
School District & Transfort
Transportation Coordination
Complete Transfort & Poudre School District Coordination study.
Study to begin in Q2 of 2022 and be complete by Q1 of 2023.
1. Identification of strategy with Poudre School
District and relevant funding strategy;
2. Ridership data: overall and for youth (PSD)
PSD committed to 50% of the
funding.
4. Improved traffic compliance
Police will evaluate methods for enhancing traffic
compliance, and continue/increase traffic enforcement at
locations where concerns have been raised
Police Services (Chief
Swoboda, Greg Yeager)
Offer 18.3 Police Special Operations
Division
Members of the FCPS Traffic Unit will engage Traffic Engineering to
determine high-risk locations and then formulate a collaborative
strategy using design, mitigation techniques/devices, education, and
enforcement (police, red-light and photo radar) to manage concerns
(Q4 of 2021) and deploy those for results in Q1 and Q2 of 2022.
Traffic: TRAN 37. Average Speed on Neighborhood
Streets
Traffic: TRAN 28. Average Travel Speeds/Times on
Arterial Streets
Police: SAFE 27. Voluntary speed compliance
STRATEGIC OUTCOME:Transportation and Mobility
Attachment 1 1.1
Packet Pg. 5 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
5. 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, broadband service,
transportation, waste, housing, and air quality.
CMO (Tyler Marr), SSA
(Jackie Kozak-Thiel),
PDT (Caryn Champine)
Utilities (Theresa
Connor)
Transit: Transfort Regional routes
(e.g Flex, Poudre Express); Front
Range Rail Project; Link NoCo
Regional Transit Study (NFRMPO)
Multi-Modal Infrastructure: MPO
Planning Council and
Transportation Advisory
Committee
Zero Waste: Regional Wasteshed
Water: Regional Water Strat Op
Broadband: Regional Build Out
Study
Create matrix of existing standing collaborative
groups' meetings and their purpose and goals. (Q4
2021)
Ongoing tracking and updates by quarter.
Will provide what we already do regionally and will
reference where appropriate in Council discussions.
% Progress/Complete
Where should we prioritize our
efforts?
What is missing?
How can we leverage upcoming
funding opportunites for
infrastructure to support regional
needs?
6. 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.
City Attorney's Office
(Carrie Daggett), City
Clerk's Office (Tammi
Pusheck), City
Manager's Office (Kyle
Stannert)
Work would be completed by
current staff in CCO/CAO/CMO
Organize Election Code Committee.
Develop background information to support ECC
consideration of possible change to November
regular elections. Present
Committee recommendations and information to
Council (possible work session prior to action).
Completion of Tasks to allow voter consideration (if
any) no later than April 2023.
[If desired, draft Charter Amendment for change and
transition provisions for Council consideration.]
% Progress/Complete
Likely timing for voter
consideration if changes are
desired would be either
November 2022 or April 2023
7. 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.
Financial Services
(Travis Storin; Jennifer
Poznanovic)
N/A
Complete consultations with Sales Tax and City
Attorney's Offices.
Complete consultations with other front range
communities that have made the change.
CAO to draft proposed Code changes for purposes of
Ordinance.
Present recommended Code changes to Finance
Committee September 1, 2021.
Pending Finance Committee review, bring to Council
for consideration on first reading.
Support timeline for retailers to modify their point of
sales systems.
Adoption of Code changes in October
2021
Ongoing impact to City revenues (est.
$110k per year)
8. Attract and retain competitive
and diverse talent to meet the
needs of the community: provide
child care options for City
employees.
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. Also staying
connected to the City's work on affordable child care in the
community.
Human Resources
(Teresa Roche)
No specific offer in 2022 as able
to fund first phase from Benefits
fund.
Completed statement of work with Nicole Riehl, CEO
of Executives Partnering, to Invest in Children.
An internal survey after Labor Day. Final
recommendations to be available late December
2021.
Offer-to-Acceptance Percentage to
measure Talent Attraction
Attrition Percentage to measure
Retention
STRATEGIC OUTCOME: High Performing Government
Attachment 1 1.1
Packet Pg. 6 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
9. Help bird species recover
Explore opportunities to become a certified bird-
friendly city through organizations such as the
Audubon Society
Community Services (Seve
Ghose, Mike Calhoon)
Cross-departmental effort. The City already holds the Audubon Cooperative Sanctuary Status for
6 community parks, 1 cemetery and all 3 golf courses. The Fossil Creek Reservoir area and the
Poudre River corridor are Audubon-designated Important Bird Areas.
Completed initial exploration. Environment for the Americas now administers the program. World
Migratory Bird Day is May 14, 2022.
Develop an inter-departmental team in Q1 2022. Resolution for World
Migratory Bird Day will be created Q2-2022.
Develop an education program to coincide with World Bird Day. Q1-2022.
Certification achieved by the end of 2022.
10. 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
Sustainability Services
(Jackie Kozak-Thiel, Caroline
Mitchell)
Existing Efforts: Staff and elected officials (Councilmembers Ohlson and Gutowski) participate in
the Regional Wasteshed Project, which is working toward building infrastructure including a yard
trimmings and food scraps composting facility and developing policies to support the new
infrastructure.
Universal composting was also included in Our Climate Future as a "critical path" strategy,
without which Fort Collins cannot achieve it's climate and waste goals.
No BFO offers were submitted related to composting in this cycle.
Two key elements required:
1) compost facility near Fort Collins that accepts food scraps
2) policy for yard trimmings and/or food scraps.
Current resourcing supports staff participation in Regional Wasteshed Project.
Compost facility construction timeline through that project is currently
unknown.
Milestones and timelines beyond the status quo are dependent on additional
input from Council.
Enviro Svcs: ENV 136. Tons of Yard
Trimmings Diverted (Composted)
Metrics can be further evaluated and/or
created as staff receives additional clarity
on this priority. Possibilities include:
number of households and/or businesses
with compost collection service; amount
of food scraps collected for composting.
Unless otherwise directed, staff will continue to work with the Regional
Wasteshed process to identify ways to expedite the development of
composting infrastructure.
Staff recommends commencing policy development when timeline for
food composting infrastructure is known due to (a) timing policy
development near to implementation, (b) the benefits of collaborating
regionally on this solution, and (c) community and staff capacity.
If Council desires policy development or infrastructure to commence
sooner than via the Regional Wasteshed process (timeline TBD for
compost facility), additional resources would be required.
11. Adopt grey water statute
to allow grey water systems
in new buildings
Explore and implement, 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.
City Atty (Carrie Daggett,
Utilities (Theresa Connor),
PDT/CDNS (Caryn
Champine, Paul Sizemore,
Chief Building Official)
The building code is in process of being updated.
BFO offer ENV 1.28 will help create capacity.
Consultant help may be needed or other efforts delayed depending on staff availability.
1. Nov 2021 - Council Work Session to frame ordinance components.
2. 2022 - Ordinance Development, Stakeholder Outreach, bring forward to
Council.
3. Implementation of ordinance and revised bulding code.
% Progress/Complete
12. 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.
Sustainability Services
(Jackie Kozak Thiel, Caroline
Mitchell)
This topic has been the subject of past efforts but there are no current efforts or related BFO
offers.
Working on a districted system would require intensive engagement with local
waste haulers, Council, and the community.
Tasks and milestones could include:
- Initial project scoping, project planning, research of updated best practices,
modeling carbon inventory and other Triple Bottom Line metrics (Q4 2021 &
Q1 2022)
- Hauler and resident engagement re: items to include in RFP (Q2 & 3 2022)
- Review engagement findings and RFP approach with Council (Q4 2022)
- Issue RFP, then determine next steps with Council (Q1 2023)
% Progress/Complete for the creation of
the Districting system
Future metrics could assess the TBL
impacts of implementing a districting
system, e.g., air quality, streets
maintenance, etc.
13. 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.
Sustainability Services
(Jackie Kozak-Thiel, Lindsay
Ex)
Our Climate Future (OCF) was adopted in 2021 and aims to center community priorities to
equitably intensify efforts to draw down carbon, increase waste diversion, and transition to
renewable energy. OCF also embeds resilience so that as we work to reduce emissions, we also
help our community prepare for and adapt to climate change impacts.
Our Climate Future and related climate messaging efforts are captured in the Environmental
Services ongoing budget offer and related efforts and funding in Utilities (energy-related
emissions) and Planning, Development, and Transportation (transportation-related emissions).
2022 will bring a chance to work with all parts of our community to:
- Update the OCF tactical plan for 2023/24 (Q1-Q4)
- Evaluate the community's climate goals per the Climate Emergency
Resolution (2019-91) and update to City Council (Q2-Q3 2022)
- Test what wording/messaging resonates best to reflect the urgency, intensity,
efficacy, and equity elements of climate action. (Q2-Q3 2022)
- Recommendations for equity-centered messaging and identification of next
steps; either Work Session or memo update to City Council (Q4 2022)
- Implementation of recommendations (2023/ongoing)
Engagement will continue to prioritize equity in process and outcome. In
practice, this means partnering with BIPOC and historically underrepresented
community members, environmental stakeholders, and institutions,
businesses, and community members. By bundling engagement to accomplish
all of these objectives, we can provide a consistent experience for the
community and avoid engagement fatigue.
% Progress/Complete with following
milestone-based percentages:
- 0-25% pre-work and planning
- 25-50% engagement
- 50-75% recommendations of equity-
centered messaging and identification of
next steps
- 75%-100% implementation
Similar to how OCF tied engagement
themes to demographics during the
planning process, staff proposes:
- carefully tracking responses to different
proposed climate wording/messaging
overall -
tracking responses by demographic to
understand level of support and nuances
between different parts of the community.
Unless directed otherwise, work on this priority will identify equitable
messaging approaches that accelerate actions in support of Fort Collins'
climate action goals.
14. Effective soil amendment
policies and compliance
(water usage),
Modernize the current soil amendment code
while evaluating best practices in the industry.
Coordination with multiple City departments and
other priorities such as Xeriscape and Tree
Policies will be completed.
Utilities (Theresa Connor);
PDT (Caryn Champine; Paul
Sizemore)
The current code has been effective, but there are clarifications that are needed and new best
practices that will be considered in ordinance revisions. BFO # SAFE 4.17 will help create capacity
to address revising the ordinance..
1. 2021 - draft language, research best practices and updates needed,
coordinate internally. 2. 2022 -
Complete stakeholder outreach and bring updated ordinance forward to
Council.
% Progress/Complete
STRATEGIC OUTCOME: Environmental Health
Attachment 1 1.1
Packet Pg. 7 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
STRATEGIC OUTCOME: Environmental Health
15. 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.
CMO (Tyler Marr), Utilities
(Theresa Connor),
Community Services (Seve
Ghose, Zoe Shark)
Instream Flow Augmentation Plan.
River Health Assessment Framework.
Ongoing negotiations with Northern regarding NISP Impact on FC.
BFO Offer - ELC Flow Restoration (ENV 1.62) to protect an instream flow right.
BFO Offer - Evaluation of Mulberry Options (ENV 1.56).
BFO Offer - Stormwater Poudre River Flow Consolidation Upstream of College Ave (SAFE 4.16)
1. 2021 - Ongoing discussions with Northern Water.
2. 2022 BFO Offers - ELC Flow Restoration, Evaluation of Mulberry Options,
and Poudre River Flow Consolidation Upstream of College Ave.
3. 1041 Regulatory Development (2021-2022)
4. Regional discussion on water (2021-2022)
Nat Areas: ENV 177. Total amount of
protected in-stream flows for Cache la
Poudre River
16. 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.
Sustainability Services
(Jackie Kozak Thiel, Molly
Saylor)
This priority carries forward work begun with the prior Council and includes implementing the
new Disposable Bag Ordinance passed by Council and affirmed by voters earlier in 2021.
Implementing the Disposable Bag Ordinance as part of addressing plastic pollution is also
embedded as a strategy in the 2021/22 Our Climate Future Tactical Plan.
Related BFO Offer 48.10: 1.0 FTE Disposable Bag Ordinance Implementation
Work to reduce plastic pollution will require a multi-pronged approach,
including:
- Targeted engagement (e.g., grocers, disproportionately impacted
stakeholders) on bag ordinance to identify any policy clean up options for
Council consideration (Q3-4 2021)
- Distribution of free reusable bags (starting Q4 2021)
- Council Work Session to review policy clean up options (Q1 2022)
- Consultant review of available in-home microfiber capture technologies (Q1-
Q2 2022), led by Environmental Services and possible co-lead or support role
from other relevant departments.
- Disposable Bag Ordinance roll out and implementation, including community
wide outreach (Q1-Q2 2022)
- Community engagement on additional plastic pollution policy and program
options (as soon as Q3-Q4 2022)
- Consider Council Work Session to review comprehensive policy options (Q1
2023)
Presence of single-use plastic bags in the
environment as a percentage of litter
removed from sensitive areas such as
Natural Areas and the Poudre River
17. 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
Sustainability Services
(Jackie Kozak Thiel, Cassie
Archuleta)
Ongoing Air Quality Program efforts include coordination and implementation of air quality
programs, and ongoing PDT and FC Moves efforts support reduction of mobile source emissions.
Examples of ongoing efforts include:
- Support for a municipal transition to an electric lawn and garden fleet and community rebates
for electric equipment
- Compliance support for regulations regarding outdoor burning and fugitive dust emissions
- Coordination of indoor air quality programs
- Development of updated regulations for oil and gas development
- Implementation of the Electric Vehicle Readiness Roadmap
Potential enhancement opportunities include:
- Offer 48.13: Air Quality Monitoring; includes additional funding for regional air quality sensors
and data reporting
- Offer 13.8: Shift Your Ride Travel Options Program; includes programs to help reduce people
driving alone and shift more people to transit, biking and walking which will help improve air
quality
Q4 2021: Work Session regarding oil and gas regulations
Q4 2021: Kick off 2-year EPA grant ($200K) targeting residential infrastructure
upgrades that can improve indoor air quality
Q1 2022: Form an inter-agency task force to implement additional regional air
quality monitoring Q1-
Q2 2022: Consideration of code revisions related to oil and gas operations
Q2-Q3 2022: Seasonal lawn and garden equipment rebate program
Q4 2022: State consideration of an updated State Implementation Plan (SIP) to
reduce emissions related to ozone non-attainment status
Env Svcs: ENV 146. Outdoor Air Quality
Index (AQI)
Env Svcs: ENV 6: Percent decrease in
municipal Greenhouse Gas (GHG)
emissions from 2005 baseline
Traffic TRAN 62. % Commute Mode Share
There are elements related to Transportation and Mobility on this item.
Environmental Services will play a role in reporting on overlap with
transportation efforts for these purposes.
Attachment 1 1.1
Packet Pg. 8 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
STRATEGIC OUTCOME: Environmental Health
18. 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
Sustainability Services
(Jackie Kozak Thiel, Caroline
Mitchell),
PDT (Caryn Champine)
Existing efforts re Multi-Family and Commercial Recycling:
- Worked with haulers to implement Community Recycling Ordinance (CRO) recycling
requirements for businesses and multi-family complexes in Q2&3 2021
- City's Waste Reduction and Recycling Assistance Program (WRAP) works with businesses and
multi-family complexes to improve recycling programs via education and on-site assistance
Construction and Demolition Waste (C&D):
- Provide compliance response to complaints about C&D recycling
- Conduct proactive C&D recycling site inpections as possible
- Provide education about C&D recycling requirements through development review process
Budget Offer 48.14: 1.0 FTE Construction and Demolition Waste
Multi-Family and Commercial Recycling :
- Progress update memo to Council re: CRO implementation (Q3 2022)
- Compliance sweep to ensure compliance with CRO (Q3&4 2021)
- Progress update memo to Council re: compliance sweep (Q1 2022)
Construction and Demolition Waste (C&D):
- If Budget Offer purchased, hire new C&D staff position (Q1 2022)
- If Budget Offer purchased, new staff position conducts field work to increase
C&D recycling compliance (Q2 2021 and on)
- If Budget Offer purchased, new staff position engages in C&D market
development projects at regional and state level (Q2 2021 and on)
- If Budget Offer purchased, provide memo to Council outlining impact of
increased C&D recycling focus (Q1 2023)
- If Budget Offer not purchased, continue with construction and demolition
recycling complaint response and proactive compliance inspections as possible
(Q1 2022 on)
Deconstruction Ordinance:
- Next steps to be determined based on Council feedback
ENV 134. Residential and Commercial
Waste Diversion Rate
ENV 53. Industrial materials diversion rate
Clarifying Question: Level of interest in and timeline for considering
deconstruction ordinance?
19. Xeriscape – Increase
rebates and education, less
green lawns with new
development
Optimize City resources, including funding and staff,
to promote and implement xeriscape landscaping.
Landscape code requirements will be
coordinated with the Land Use Code update
efforts where possible.
Utilities (Theresa Connor);
PDT (Caryn Champine, Paul
Sizemore)
Current Water Conservation efforts within Utility's Service Area are robust in residential sector.
ENV 1.29 WC Xeriscape Incentives.
ENV 1.28 Contractual Water Conservation Specialist.
1. Enhance rebates for large landscape areas through BFO offer and grant
applications. 2. Water
Supply Requirement modification in Fall 2021 will support this priority in the
Utility Service Area. 3. Soil Amendment
modification can also support enhanced xeriscape.
4. Schedule Council Work Session in 2022 to frame how to incorporate
xeriscape requirements in development codes more effectively.
5. Explore collaboration opportunities with Districts.
UT Customer Connect Water Cons:
ENV 159. Total Xeriscape
ENV 125. Residential Xeriscape Initiatives
20. 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.
Sustainability Services
(Jackie Kozak Thiel, Caroline
Mitchell)
A variety of recycling education and awareness campaigns are regularly deployed through mass
communications channels, including recycling guidelines.
Per City ordinance, residential waste haulers provide customers with the City's guidelines on an
annual basis and must label their bins with guidelines consistent with the City's. Recycling
Guidelines created by Fort Collins are used throughout Northern Colorado. The City also provides
additional recycling guideline clarity tools including the online "Fort Sort" recycling game, the A-Z
list, and regular recycling best practice marketing campaigns.
The Recycling Ambassadors volunteer program focuses on educating visitors at the Timberline
Recycling Center.
Staff is currently implementing a project called "Barriers to Recycling" that will work to identify
barriers to recycling experienced in the community (including by historically underrepresented
community groups), including things like confusion over recycling guidelines, availability of
recycling education opportunities, etc.
Volunteer-related BFO Offer: 48.12 - 1.0 FTE Contractual - Environmental Volunteer Coordinator
As the disposable bag ordinance generates revenue in 2022 and beyond, part of these revenues
can be prioritized (pending appropriation) for additional education and outreach.
Conduct "Barriers to Recycling" equitable engagement project, including
recommendations (Q3-Q4 2021).
Review feedback from "Barriers to Recycling" engagement, review high-impact
education programs from peer cities (Q1 2022).
Memo to Council outlining findings and near-term actions for implementation,
as well as recommended long-term changes (Q2 2022).
Implement, track, and iterate on new education elements (Q2-Q4 2022).
Memo to Council summarizing changes made, successes and next steps (Q1
2023).
If Volunteer Coordinator funded, grow the Recycling Ambassadors volunteer
program to expand the reach of in-person engagement in the community.
Distribute recycling guidelines to community, continue recycling guidelines
educational tools and communications campaigns.
% Progress/Complete
Unless directed otherwise, staff will focus on implementing the Barriers to
Recycling engagement project and crafting appropriate next steps to
remove these barriers, including the continued prioritization of consistent
guidelines.
21. Improved and accelerated
stream (riparian) restoration
Continue and accelerate 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.
Utilities (Theresa Connor,
Matt Fater)
- 2021 BFO Offer ENV 8.6 for $3.1M, Mail Creek within Two Creeks Natural Area.
- Discussion with Developer Repay for Gateway at Prospect on Boxelder Creek.
- 2022 BFO Offer ENV 51.12 Key Natural Areas Restoration Efforts
- 2021- Recent Natural Areas Department work planning, identifying, and prioritizing major river
restoration for the next 8 years.
- (Ongoing) The Natural Areas Department performs a variety of long-term monitoring of past
restoration projects (such as amphibian, soil carbon, bird, and vegetation surveys) which informs
maintenance and management actions in an continual improvement cycle.
1. 2021 BFO Offer ENV 8.6 just underway for 21/22.
2. Review prioritized list for acceleration and 23/24 budget offers.
3. Nov 21 - Review options for acceleration of work with Council Finance
Committee. 4. Early 22 - BFO
offers for 23/24
SAFE 102: Stream Rehabilitation and BMP
Program – Cumulative Stream
Rehabilitation and Water Quality/BMP
Cost
Explore meaningful metric on length and
quality of rehabilitation efforts.
Staff understands the direction to accelerate the program. We would
appreciate any direction about improvements to the approach.
Attachment 1 1.1
Packet Pg. 9 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
22. 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.
Sustainability Services
(Jackie Kozak Thiel, Josh
Birks)
Developing a request for Proposals to solicit external engagement support
and analytical expertise
Anticipate that majority of the engagement and work will be completed by
the end of Q2 2022
1. Issue RFP and Select Consultant (Q4 2021)
2. Complete Survey and Engagement (Q1/2 2022)
3. Present Findings to City Council (Q2 2022)
4. Council Consider local ordinance (Q3 2022)
5. Local minimum wage effective (Q4 2022/Q1 2023)
[Depending on Council Action]
- ECON 59: Average Weekly
Wage
- ECON 58: Survey. Quality of
jobs and life within Fort Collins.
- NEW: Poverty Status in the Past
12 months (Annual)
- REFINED: Business
Retention/Satisfaction Survey
Results
Still determining the Project Manager based
on capacity and timing
Engagement will rely heavily on outside 3rd
party for neutrality
23. 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.
- Consider Consider Austin Tech incubator as a model.
Sustainability Services
(Jackie Kozak Thiel, Josh
Birks)
Circular Economy was identified as a Big Move in Our Climate Future, and it is
listed as Big Move 10 "Zero Waste Economy." This work identified 12 Next
Moves that could be seen as a starting point for advancing the Circular
Economy in Fort Collins.
If funded, updating the Economic Health Strategic Plan will advance this work
by evaluating and determining how this work can integrate into the
community's overall economic health strategy. The budget would be
available to complete this work in 2022.
BFO Offer: 49.9 Economic Health Strategic Plan Update (2022)
These milestones are related to the update of the
Economic Health Strategic Plan, which will include
consideration of the Circular Economy as a potential
strategy:
1. Issue RFP and select Consultant (Q1-22)
2. Prepare Existing Conditions Analysis (Q2-22)
3. Engage Community (Q2/Q3-22)
4. Present initial concepts to Council (Q3-22)
5. Present Big Moves and Strategy Update (Q4-22)
6. Develop Implementation Plan (Q4-22/Q1-23)
- ECON 43: Real GDP for the Fort
Collins MSA
- ECON 70: Business Satisfaction
(% rating positively)
- ECON 58: Survey quality of jobs
and life within Fort Collins
(Annual)
- Develop metrics specific to
Circular Economy aspect during
economic health plan update.
Consideration of Circular Economy will
occur within the planned update to the
Economic Health Strategic Plan
The EHSP update will provide guidance on
implementation and if a specific subplan is
needed for Circular Economy
24. Partner with
Poudre School District
(PSD) for workforce
development
Engage with PSD to support identifying a site for the Futures Lab.
Support evaluating partnership opportunities including the
development of internships, fellows, and work/study or mentoring
programs.
Sustainability Services
(Jackie Kozak Thiel, Josh
Birks)
49.4 Business & Workforce Support
City staff participation on the Larimer County Workforce Investment Board
Regional Talent 2.0 Implementation
Talent 3.0 Updated Strategy
49.9 Economic Health Strategic Plan (EHSP) Update (2022)
1. Completion of Talent 3.0 Update (TBD)
2. Completion of EHSP Update (Q4 2022)
3. Siting of the planned PSD Futures Lab (TBD)
ECON 59. Percent of jobs that
are at or above average county
wage.ECON 76. Occupation
Diversity Score.
ECON 80. Colorado Weekly
Unemployment Insurance
Claims.
Larimer County is the lead on workforce
development issues across the City; EHO
staff will continue to partner with them as
lead City
staff will continue to support regional talent
development efforts, which include PSD.
Additional efforts will be made to support
PSD's engagement.
City staff will continue to support PSD in
evaluting sites for the planned Futures Lab.
STRATEGIC OUTCOME: Economic Health
Attachment 1 1.1
Packet Pg. 10 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
STRATEGIC OUTCOME: Economic Health
25. 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 centerbased
childcare, particularly when it involves reusing or expanding
existing buildings.
Sustainability Services
(Jackie Kozak Thiel,
Adam Molzer)
- BFO Offer (NLSH.47.8) - Childcare System Support
- Examining mid-range and long-term COVID recovery opportunities that
address childcare shortage.
- A major update to the Land Use Code is currently underway, with Phase 1
focused on reducing housing barriers and code reorganization. A budget
offer was proposed for Phase 2 of the update (22.14), which would address
non-residential uses, including barriers to center-based child care. If
approved work would begin in 2022; otherwise the offer would be
resubmitted in 2023-24.
- New or expanding child care centers are able to request relief from certain
Land Use Code provisions. Relief from code requirements (Modifications of
Standard) would be approved by the appropriate decision maker on a case
by case basis.
- Recreation Department has developed two state licensed childcare sites,
allowing 176 daily school-age summer camp/care spots. Subsidized
enrollment scholarships are available for income-qualified families. Some
participants are provided with one-on-one support to ensure successful re-
entry to a return-to-learn environment and inclusion in peer programming
with a focus on social emotional development and mental health.
- The FY21 Competitive Funding Process for Human Services awarded
$265,000 towards childcare programs at 7 nonprofit organizations.
If Larimer County Commissioners refer ballot item, the
campaign group may seek engagement and support
from Council. This may occur in Q3/4 of 2021.
Engagement with community to inform and influence
the Fort Collins Recovery Plan. This will occur in Q3-Q4
of 2021.
Periodic memo updates to Council. These will occur as
appropriate and necessary, approx. 1-2 each year.
ECON 58: Survey quality of jobs
and life within Fort Collins
(Annual)
NLSH 85: Human Service Client
Impact (Annual)
26. 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.
Financial Services
(Travis Storin, SeonAh
Kendall, Blaine Dunn)
Community engagement plan is in process.
Recovery manager has started putting framework together for overall
recovery plan.
Reviewing existing plan documents to see what can be leveraged for
recovery efforts.
Engagement with the community, including residents
and businesses Q3 2021.
Draft Recovery Plan Q4 2021
Work session with Council (Scheduled Oct 26)
Council adoption of plan (Scheduled Dec 7)
2022-Implementation
% Progress/Complete
Attachment 1 1.1
Packet Pg. 11 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS
TASKS TO COMPLETE/MILESTONES/DATES
(QTR/YR)METRICS OTHER ITEMS/NOTES
27. 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.
Community Services
(Seve Ghose, Mike
Calhoon, Victoria
Shaw)
2022:
- BFO Offer 41.5 Master Planning
Existing Parks. Prior to refresh efforts
occuring, master plans need to be
developed for parks in need of
improvements. This strategy was
identified in the 2021 Parks and
Recreation Plan.
- BFO Offers: 35.4, 35.8, 35.9, 35.10,
35.11
We currently have a funding source
for both new parks (impact fees) and
O&M (general fund).
Develop a sustainable funding source for asset
management and refresh programs.
% Project complete, depending
on funding.
Or, work deferred due to lack of
funding.
Recommend renaming Priority to be: Parks
Asset Management/Refresh Funding.
Improve tree policies
[moved to NLSH outcome area,
consistent with BFO]
Tree planting subsidy
[moved to NLSH outcome area,
consistent with BFO]
STRATEGIC OUTCOME: Culture and Recreation
Attachment 1 1.1
Packet Pg. 12 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
PRIORITY OUTCOME STATEMENT (italics = new work)KEY CONTACTS/DEPT EXISTING EFFORTS/BFO OFFERS TASKS TO COMPLETE/MILESTONES/DATES (QTR/YR)METRICS OTHER ITEMS/NOTES
28. Improve tree policies
[moved to NLSH outcome
area, consistent with BFO]
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.
Community Services (Seve Ghose,
Mike Calhoon, Kendra Boot);
PDT/CDNS (Caryn Champine, Paul
Sizemore)
BFO Offers 40.1 and 22.14 Collaborate on code updates with PDT in 2022 if 22.14
is funded.
% Progress/Complete
Q2 2022-Evaluation of pertinent
code completed. Q4 2022-
Updates submitted for adoption.
This has a dependency with PDT and the
timing of the Land Use Code updates.
Funding is being requested in 2022 with
offer #22.14.
29. Tree planting subsidy
[moved to NLSH outcome
area, consistent with BFO]
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
Community Services (Seve Ghose,
Mike Calhoon, Kendra Boot)
BFO Offer 40.9, New Tree Subsidy Offer (Q2-
2022)Implement offer once funded. (2022)
% Progress/Complete: Q1-
Trees ordered.
Q3-100% of trees sold to private
residents for planting.
1000 five-gallon trees will be planted on
private property.
30. Implementation of 15-
minute community concept
2022: BFO Offer submitted to analyze existing
citywide plans and metrics for alignment with
15minute concept in coordination with the
update to our Active Modes Plan; identify
critical next steps and implementation
priorities.
PDT/FCMoves/CDNS (Caryn
Champine, Aaron Iverson, Paul
Sizemore)
Offer 71.1 Analysis of Implementing 15-
Minute Neighborhoods in FC
1. Q1 2022: If Council approves Offer 71.1; work can
begin Jan 2022 as part of the Active Modes Plan
scoping and contracting; first phase includes review of
current citywide plans and transportation networks to
identify infrastructure and policy gaps to realizing 15
minute communities
2. Q2 2022: Develop a set of needs/strategies to
overcome barriers, including coordinating with the
Land Use Code update; Work Session with Council to
engage in Active Modes Planning effort and 15min
analysis findings
3. Q3/4 2022: Finalize plan for approval; identification
of implementation priorities
1. Completion of Active Mode
Plan and Implementation
Strategy
2. Evaluation may inform
updates to existing metrics
STRATEGIC OUTCOME: Neighborhood Livability and Social Health
Attachment 1 1.1
Packet Pg. 13 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
31. Homelessness Initiatives
City will collabo+D2rate 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:
- Increase service referrals for people experiencing
homelessness and respond to reported disruptive
behaviors.
- Foster relationships among businesses, service
providers, and residents in mid-town.
Sustainability Services (Jackie
Kozak-Thiel, Beth Sowder, Brittany
Depew)
Exisiting Efforts
- System coordination: staff collaboration
across departments and with partners/service
providers
- Seasonal Overflow Shelter (SOS) support and
planning
- Mitigating impacts of homelessness on both
housed and unhoused residents
- Funding and policy support: Outreach Fort
Collins, Homeward Alliance, the Northern
Colorado Continuum of Care, Fort Collins
Rescue Mission, Catholic Charities
BFO Offers
- Offer 47.13 Continuing Enhancement -
Homelessness Initiatives (Outreach Fort
Collins expansion)
- Offer 47.14 One-time Enhancement - Future
24/7 Shelter Engagement Support
First milestone (complete): City Council Work Session -
July 27, 2021
If funded, staff will focus efforts on:
1. Inclusive and Equitable Community Engagement for
future 24/7 shelter+ (begin Q1 2022 [dependent on
funds] after inform campaign in Q3/Q4 2021 [no
funds needed]);
2. Outreach Fort Collins midtown planning (begins in
January 2022);
3. Implementation of OFC midtown expansion (Fall
2022)
NLSH 93. Homelessness Data,
Chronic Homelessness, and #
Chronic Homeless Housed
NLSH 95. Outreach Fort Collins
Disruptive Behavior Data
Attachment 1 1.1
Packet Pg. 14 Attachment: 2021 Council Priority Work Plan (10581 : 2021-2023 Council Priorities)
COUNCIL PRIORITY Q4 2021 Q1 2022 Q2 2022 Q3 2022 Q4 2022 Q1 2023 Q2 2023
1. More stringent penalties for
animal cruelty and neglect
Provide Council information
describing current state and
issues.
Address follow-up questions;
possible Council work session
or other dialogue.
Draft changes to
ordinance/policy/program. Public outreach.
Council consideration of
Code/policy/program
changes
2. Juvenile diversion Launch program
3a. Advance transit initiatives that
remove barriers (alignment with
Transit Plan)
Funding & Fare Study begins.
W. Eliz. BRT prelim design
complete.
North College Transit Oriented
Development Plan complete.
Funding & Fare Study
complete.
North Transit Facility Design
and Study complete.
3b. Advance transit initiatives that
remove barriers (PSD partnership)
Transfort & PSD Coordination
Study begins.
Transfort & PSD Coordination
Study complete.
4. Improved traffic compliance
Determine high-risk locations.
Formulate strategy.Deploy strategy.Deploy strategy.
5. Advance Regionalism -
collaboration regionally while
maintaining the unique character
of Fort Collins
Create matrix of collaborative
groups' meetings/purpose/goals.
6. Look into changing the April
election to November with School
Board years to have all local
elections at once
Organize Election Code
Committee.
Develop background
information.
Completion of tasks to allow
voter consideration.
7. Advance gender equity in City
Sales Tax Code
October adoption of Code
Changes
8. Attract and retain competitive
and diverse talent to meet the
needs of the community: provide
child care options for City
employees.
EPIC to submit final report with
recommendations by the end of
December.
Consideration of any
recommendations with
funding requirements. Deploy
any strategies where funding is
not a primary factor.
9. Help bird species recover
Assemble information needed
for BIRD CITY USA application;
Can submit 3x during year:
November, March or July.
Create inter-departmental
team.
Begin Bird City USA
application.
Develop community education
program for Migratory Bird
Day.
Council Resolution for World
Migratory Bird Day.
Public Migratory Bird Day
event.
Submit Bird City USA
application.
Community celebration when
Bird City designation awarded.
Attachment 2 1.2
Packet Pg. 15 Attachment: Council Priority Calendarization (10581 : 2021-2023 Council Priorities)
COUNCIL PRIORITY Q4 2021 Q1 2022 Q2 2022 Q3 2022 Q4 2022 Q1 2023 Q2 2023
10. Accelerate composting -
(Curbside and business)
11. Adopt grey water statute to
allow grey water systems in new
buildings
November Council Work Session
Pending Council direction:
Research and Ordinance
Development.
Research and Ordinance
Development.
Stakeholder Outreach.
Council Work Session
Ordinance consideration by
Council
Implement Ordinance and
revised building code.
12. Districted system for garbage,
recycling and compost Project scope and plan.Research best practices, initial
modeling, metrics.
Hauler and resident
engagement.
Continue hauler and resident
engagement.
Council review of engagement
findings and RFP approach.
Issue RFP.
Determine next steps with
Council.
13. Explore climate emergency
messaging and action
Begin updating OCF (Our
Climate Future) tactical plan.
Continue updating OCF tactical
plan.
Evaluate climate goals.
Test messaging.
Messaging and next steps
recommendations;
Update City Council.
Continue update of OCF
tactical plan.
OCF tactical plan update
complete.
Recommendations to Council
via Work Session or memo .
Implement recommendations. Implement recommendations.
14. Effective soil amendment
policies and compliance (water
usage)
Research best practices (may
engage consultant).
Coordinate internally
Evaluate current policy and
practices
Continue Research &
Evaluation
Conduct outreach as needed
Complete evaluation and
outreach
Council work session or
regular meeting
15. Protect and Enhance Instream
River Flows
Discussions with Northern Water
1041 Regulatory Development
Regional Water Discussion
Begin implementation of BFO
Offers accepted.
1041 Regulatory Development
Regional Water Discussion
1041 Regulatory Development
Regional Water Discussion
16. Reduce Plastic Pollution
Targeted Stakeholder
engagement (e.g. grocers,
disproportionately impacted
stakeholders.)
Start distribution of free reusable
bags.
Council Work Session (1/25)
Consultant technology review.
Ordinance implementation
and outreach.
Continue consultant
technology review.
Additional community
engagement on
comprehensive policy and
program options (as directed
by Council).
Additional community
engagement.
Possible Council Work Session
to review comprehensive
policy and program options.
17. Improved Air Quality
Council Work Session on oil and
gas regulations.
2-year EPA grant kickoff.
Create interagency task force
for regional monitoring.
Consider oil and gas code
revisions (approval processes
and land uses).
Consider oil and gas code
revisions (operational
standards).
Lawn and garden eqpt rebate
program open.
Lawn and garden eqpt rebate
program open.
State considers updated State
Implementation Plan (SIP) re:
ozone non-attainment.
18. Make real progress on the road
to Zero Waste (with focus on multi-
family and commercial recycling
and construction and demolition
(C&D)recycling)
Multifamily and commercial
Community Recycling Ordinance
compliance sweep.
Memo to Council on
compliance sweep.
Hire C&D staff (if funded), or
continue C&D recycling
complaint response and
compliance inspections as
time allows.
C&D staff works to increase
proactive C&D recycling
compliance.
C&D Staff engages in C&D
market development projects
at state & regional level.
C&D staff provide update and
impact memo to Council on
C&D recycling.
Compile research on
deconstruction ordinance and
determine next steps if
applicable.
Share outcome and
recommendations via memo
to Council.
Milestones and timelines beyond the status quo are dependent on additional input from Council and additional resources.
Status quo: work toward compost facility via Regional Wasteshed Project
Attachment 2 1.2
Packet Pg. 16 Attachment: Council Priority Calendarization (10581 : 2021-2023 Council Priorities)
COUNCIL PRIORITY Q4 2021 Q1 2022 Q2 2022 Q3 2022 Q4 2022 Q1 2023 Q2 2023
19. Xeriscape – Increase rebates
and education, less green lawns
with new development
Research best practices,
comparable education and
rebate programs. Begin land use
code audit (may engage
consultant).
Develop xeriscape, turf
conversion contractor training.
Evaluate existing rebates and
xeriscape education programs.
Complete land use code audit
(started in Q4 2021).
Landscape contractor training.
Finalize land use code audit
and recommendations
Prep for 2023/2024 budget
offer depending on audit
findings.
Council Work Session to
review audit suggestions.
Code and ordinance
development.
Develop program and code
changes per Council direction.
Council consideration of
changes.
Implement program changes.
20. Enhanced recycling education Conduct Barriers to Recycling
engagement and benchmarking
Analyze engagement feedback
and peer cities research.
If Volunteer Coordinator
funded, grow Recycling
Ambassadors volunteer
program to expand reach of in-
person community
engagement.
Develop new education
elements.
Continue to implement and
track new education elements
and continue distributing
consistent recycling guidelines
and educational tools to
community.
Continue to implement and
track new education elements
and continue distributing
consistent recycling guidelines
and educational tools to
community.
Memo to Council summarizing
changes made and next steps.
21. Improved and accelerated
stream (riparian) restoration
Review options for work
acceleration with Council
Finance .
Finalize land use code audit
and recommendations (started
in Q4 2021).
22. Raise the minimum wage Issue RFP and Select Consultant
Complete Survey and
Engagement
Council consideration of local
ordinance.
Local minimum wage effective
[Depending on Council
Action]
23. Develop a Circular Economy
Plan (as part of the EHO Strategic
Plan)
Assess budget and resources for
outlined work upon Budget
adoption.
Issue RFP and select
Consultant
Prep for 2023/2024 budget
offer depending on audit
findings.
Engage Community Present Big Moves and
Strategy Update to Council Develop Implementation Plan
24. Partner with Poudre School
District (PSD) for workforce
development
25. Affordable, Quality and
Accessible Childcare Infrastructure
Periodic memo updates to
Council as appropriate and
necessary, approx. 1-2 each
year.
Periodic memo updates to
Council as appropriate and
necessary, approx. 1-2 each
year.
26. Create a targeted, specific plan
for community recovery
Draft Recovery Plan.
Council work session Council
(Oct 26.)
Council adoption of plan (Dec
7.)
Implementation Implementation
Implementation;
Review 2023-2024 BFO
submissions sourced with
ARPA funds.
Implementation;
Council approves 2023-2024
Budget with ARPA funding
identified.
On-going support of PSD for workforce development through partners, including assistance in siting the Future's Lab.
Attachment 2 1.2
Packet Pg. 17 Attachment: Council Priority Calendarization (10581 : 2021-2023 Council Priorities)
COUNCIL PRIORITY Q4 2021 Q1 2022 Q2 2022 Q3 2022 Q4 2022 Q1 2023 Q2 2023
27. Access funding for parks
(maintenance and operations,
refresh, and new parks)
Council Finance Committee Convene internal team.
Council work session.
Develop & implement plan
following direction
clarification.
28. Improve tree policies Research best practices and
begin land use code audit.
Continue land use code audit
(started in Q4 2021).
Finalize land use code audit
and recommendations.
Prep for 2023/2024 budget
offer depending on
preliminary audit findings.
Council Work Session to
review audit suggestions.
Develop code changes or
appropriate next steps per
Council Work session.
Present code options to
Council for consideration
29. Tree planting subsidy Implement offer once funded.
Trees ordered.
100% of trees sold to private
residents for planting.
30. Implementation of 15-minute
community concept
If Offer 71.1 is funded; work
can begin as part of the Active
Modes Plan scoping and
contracting.
Prep for 2023/2024 budget
offer depending on
preliminary audit findings.
Finalize plan for approval.
31. Homelessness Initiatives Shelter "inform" campaign.
Inclusive and equitable
community engagement for
future 24/7 shelter begins.
Outreach Fort Collins (OFC)
midtown planning begins.
Inclusive and equitable
community engagement for
future 24/7 shelter continues.
Implementation of OFC
midtown expansion begins.
Implementation of OFC
midtown expansion continues.
Attachment 2 1.2
Packet Pg. 18 Attachment: Council Priority Calendarization (10581 : 2021-2023 Council Priorities)
Council PrioritiesAugust 31, 2021Tracking and ImplementationAttachment 31.3Packet Pg. 19Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)
2Council Questions1. What questions does Council have regarding any of theinformation and plan provided?Attachment 31.3Packet Pg. 20Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)
3Background• Every 2 years, newly elected Council identifies Priorities.• 2021-2023 Priorities adopted on July 20, 2021.• 31 Priorities identified.• Priorities support City’s Vision, Mission, Strategic Plan and ensure world classservice provision 24 hours a day, 365 days a year.Attachment 31.3Packet Pg. 21Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)
4Implementation and Tracking• Assign leads to each priority with accountability for progress• Identify existing work that supports Priorities• Identify additional work needed to support the Priorities’ outcome statements• Identify 2022 Budget offers that support Priorities• Identify existing metrics that support Priorities• Where no existing metrics exist, staff has proposed metrics to track progressAttachment 31.3Packet Pg. 22Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)
5Tracking• Dashboard utilizing Clearpoint• Accessible• On-demand• Directly tied to any direct metrics• Updated every other month• Priorities added to related Strategy Map reviewAttachment 31.3Packet Pg. 23Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)
6Council Questions1. What questions does Council have regarding any of theinformation and plan provided?Attachment 31.3Packet Pg. 24Attachment: Powerpoint Presentation (10581 : 2021-2023 Council Priorities)