HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/07/2022 - REGULAR MEETINGCity 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
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney Interim City Manager City Clerk
Regular Meeting
June 7, 2022
Spanish interpretation will now be available at all Regular Council meetings.
El servicio de interpretación en español ahora será disponible en todas las
reuniones estándares del Consejo Municipal.
PUBLIC PARTICIPATION OPTIONS
There will be four options for people who would like to participate in the meeting:
Live via the Zoom online meeting,
Live via the telephone,
Live in Council Chambers,
By submitting emails to Council at CityLeaders@fcgov.com.
All options will be available for those wishing to provide general public comment, as well as public comment
during individual discussion items.
PUBLIC PARTICIPATION (ONLINE VIA ZOOM):
Individuals who wish to address Council via remote public participation can do so through Zoom
at https://zoom.us/j/98241416497. (The link and instructions are also posted
at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the
meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference.
The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting
to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor
will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff
will moderate the Zoom session to ensure all participants have an opportunity to address Council.
In order to participate, you must:
Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will
greatly improve your audio experience.
Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage
at www.fcgov.com.
If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown
near the top of the page.
City of Fort Collins Page 2
PUBLIC PARTICIPATION (VIA PHONE):
Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141
6497 followed by the pound sign (#).
The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if
possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at
that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom
session to ensure all participants have an opportunity to address Council.
When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming
delay and possible audio interference.
PUBLIC PARTICIPATION (IN PERSON):
To participate in person, individuals should be prepared to follow strict social distancing, sanitizer and facial
covering guidelines.
A limited number of individuals may be allowed in Council Chambers. Therefore, staging for individuals
who wish to speak will occur in the City Hall lobby and outside (weather permitting).
Individuals may 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.
Once a speaker has provided comments, they may 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 Public
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 970.221.6515 (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
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo
cuando sea posible.
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A) Proclamations and Presentations
5:00 p.m.
A. Proclamation Declaring June 2022 as LGBTQ+ Pride Month.
B. Proclamation Declaring June 10, 2022 as Hattie McDaniel Day.
C. Proclamation Declaring June 19, 2022 as Juneteenth Independence Day.
D. Proclamation Declaring June 2022 as Bike Month.
Regular Meeting
6:00 p.m.
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review including removal of items from Consent Calendar for individual
discussion.
F) PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an item from
the Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of public concern, whether or not included on tonight’s
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 Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).
Each speaker will be allowed to speak one time during public comment. If a speaker comments on a
particular agenda item during general public comment, that speaker will not also be entitled to speak
during discussion of the same agenda item.
All speakers will be asked by the presiding officer to identify themselves by raising their hand (in person
or using the raise hand option on Zoom), and then will be asked to move to one of the two lines of
speakers (or to a seat nearby, for those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will
beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development, consult
the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact
the Development Review Center at 970.221.6515.]
G) PUBLIC COMMENT FOLLOW-UP
H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
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Consent Calendar
The Consent Calendar is intended to allow Council to spend its time and energy on the important items
on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from
the Consent Calendar by either Council or the City Manager will be considered separately under M)
Consideration of items removed from consent calendar for individual discussion. Items remaining
on the Consent Calendar will be approved by 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.
1. Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular Meetings.
The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular
meetings.
2. Second Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power
Fund for Purchase of Distribution and Substation Transformers.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off-cycle
supplemental appropriation of Light & Power reserves to fund a capital project consisting of the
purchase of distribution and substation transformers. Information from transformer vendors indicates
that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With
respect to distribution transformers, it will be necessary to either scale back the number of distribution
transformers the City planned to purchase this year or request an additional appropriation to permit
purchase of the expected number of transformers necessary to accommodate new customers and
prudent asset replacement. A reduction in the number of transformers purchased could negatively
impact new development and system reliability. The proposed supplemental appropriation includes
$1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can
be delivered as soon as available, likely in late 2023 at the earliest.
In addition, a new substation will be necessary to adequately serve the northeast areas of the City as
those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two
substation transformers needed to serve this load growth. Again, this supplemental appropriation is
recommended to avoid waiting to place these orders when additional funds would otherwise become
available in early 2023 and should allow these transformers to be delivered within the next three years
given current lead-times. The total supplemental appropriation being proposed for Council
consideration is for $3,666,000.
Council Finance Committee minutes that were not available for First Reading have been included.
3. Second Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through
City Give for The Gardens on Spring Creek.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in
philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support
operations as designated by the donor and community partner, The Friends of the Gardens on Spring
Creek.
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4. Items Relating to the 2021 International Fire Code.
A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of
Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the
2021 International Fire Code, with Amendments.
B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code
Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, repeals the 2018
International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments.
The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire
Authority Board of Directors has reviewed and approved this code package and is requesting the code
be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire
Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission
acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a
related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the
Fire Board of Appeals as set forth in the 2021 IFC.
5. Second Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors
on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment
to One of the New Director Positions.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance
Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District).
The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors,
and it would appoint the director for one of the newly created positions. The Board seeks broader
representation from the District. The Board’s expansion would allow two at-large electors to serve on
the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these
new positions. The other position will remain vacant until the Board finds an eligible elector who is
willing and able to serve on the Board.
6. Second Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery
by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related
Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City
Projects.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes the amendment
of certain 2019 lease documents and approval of other related documents for the issuance of
certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes
Stadium land, construction of the Southridge golf course irrigation system improvements, construction
of the Fleet shop expansion, and such additional projects as Council may approve by resolution.
7. Second Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of
the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the
COVID-19 Pandemic.
This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid-cycle
appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA)
Funds to support pandemic recovery efforts. These projects were reviewed and selected by the
Recovery Executive Lead Team because they address immediate needs for both community and
enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed
by Council Finance Committee.
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8. First Reading of Ordinance No. 065, 2022, Making a Supplemental Appropriation of Fiscal Recovery
Funds from Larimer County to the Cultural Services and Facilities Fund for Paid Interns.
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and
Facilities Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services
Department and Volunteer Services Division. This appropriation includes $149,559 of grant revenues
awarded on April 1, 2022, by the Larimer County Economic and Workforce Development Department.
The Workforce Innovation Grant’s funding source is the federal American Rescue Plan Act and will be
available until December 31, 2024.
9. First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the 215 North Mason Street Renovation for Municipal Court and the
City Attorney’s Office and Related Art in Public Places.
The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to
address urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the
City Attorney’s Office are jointly requesting this appropriation.
10. First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing
Transfers from the General Fund of the State Historical Fund Grant to Produce a Historic Context
Report of Civil Rights in Fort Collins.
The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical
Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from
the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort
Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized
list of related future projects.
11. Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant
(CDBG) and Home Investment Partnerships (HOME) Program Funds.
A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the
Community Development Block Grant Fund
B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund
The purpose of this item is to appropriate the City’s FY2022 Community Development Block Grant
(CDBG) Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Participating
Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG
program income from FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021.
12. First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section
24-1 of the Code of the City of Fort Collins Regarding Neighborhood Entry Signs.
The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in
2017 as part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5)
unnecessary.
13. Resolution 2022-058 Declaring the Official Intent of the City to Reimburse the Applicable City Funds
for Expenditures Relating to Funding the City’s Capital Projects Identified in Ordinance No. 062, 2022,
Through the Issuance of Certificates of Participation.
The purpose of this item is to declare the City’s official intent to reimbursed the applicable City fund
with the proceeds from the issuance of the certificates of participation (Certificates of Participation)
approved by City Council in Ordinance No. 062, 2022, for the City expenditures made before the
issuance of the Certificates of Participation to fund (a) the acquisition of the real property on which the
Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation
improvements for the Southridge Golf Course, (c) the construction and installation of a fleet
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maintenance facility at 800 Wood Street, and (d) such additional projects that benefit the City and are
approved by resolution of the City Council (Projects).
14. Resolution 2022-059 Expressing the City Council’s Continuing Support for the Fort Collins LGBTQ+
Community with a Display of Rainbow Lights at City Hall.
The purpose of this item is to express Council’s continuing support for the Fort Collins LGBTQ+
community with a display of rainbow lights at City Hall during the month of June, which is Pride month.
END OF CONSENT CALENDAR
I) ADOPTION OF CONSENT CALENDAR
J) CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
K) STAFF REPORTS - None
L) COUNCILMEMBER REPORTS
M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
N) DISCUSSION ITEMS - None
O) OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
B. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief Judge, City
Attorney and Interim City Manager:
Chief Judge 45 minutes
City Attorney 60 minutes
Interim City Manager 75 minutes
Note: times are approximate with breaks, as necessary.
“I move that the City Council go into executive session, as permitted under Article Two, Section
Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes
Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year performance
reviews of the Chief Judge, City Attorney and Interim City Manager.”
C. Consideration of a motion to go into Executive Session to discuss next steps related to the City
Manager recruitment:
“I move that the City Council go into executive session to discuss the remaining candidate for the
city manager position, pursuant to:
Article Two, Section Eleven of the City Charter,
Section 2-31(a)(1) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one).”
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D. Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Councilmembers to
Work with the Recruitment Team to Develop Proposed Terms and Conditions of a City Manager
Employment Agreement for Council Consideration.
The purpose of this item is to name the selected finalist for City Manager and authorize two
members of the Council to discuss with the recruiter hired to support the recruitment process, City
staff and/or the person named to develop the terms and conditions of employment for the City
Manager position.
If Council is not prepared to move forward to name a selected finalist or would like to direct staff to
take specific actions in furtherance of the recruitment and selection of a new City Manager, Council
may wish to give that direction by motion in lieu of approving the Resolution.
P) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council
may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the
purpose of considering additional items of business. Any matter that has been commenced and is still
pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the
meeting that have not yet been considered by the Council, will be deemed continued to the next regular
Council meeting, unless Council determines otherwise.
PROCLAMATION
WHEREAS, the first Pride was a riot, that took place at the Stonewall Inn on June 28,
1969; and
WHEREAS, fifty years later, on June 26, 2015, the U.S. Supreme Court ruled that same-
gender couples could marry, establishing a new and long overdue civil right in our country; and
WHEREAS, members of the Fort Collins community who are Lesbian, Gay, Bisexual,
Transgender, Queer or Questioning, Intersex and Asexual deserve more than civil rights: they
deserve to be fully welcomed, to be safe and to live in our community without the threat of
marginalization, erasure, discrimination or harassment; and
WHEREAS, the City’s PRIDE Employee Resource Group formed to ensure LGBTQ+
people are safe, valued and affirmed within the City organization and our community; and
WHEREAS, the PRIDE Employee Resource Group’s work and dedication has elevated the
City of Fort Collins Municipal Equality Index from 60 to 100 over the last several years; and
WHEREAS, we invite our community to celebrate the hard-fought victories of the
LGBTQ+ community; and acknowledge that more work remains in order to achieve full equality,
inclusion, representation and acceptance; and
WHEREAS, the City would like to make clear to our LGBTQ+ community: you are valued,
you are worthy of celebration, and you should always feel proud of who you are; and
WHEREAS, to honor the many June milestones for the LGBTQ+ community and to
encourage Fort Collins to celebrate diversity and inclusion, rainbow lights will be l it at City Hall
throughout the month of June.
NOW THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby declare
the month of June 2022 as
LGBTQ+ PRIDE MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, we recognize the importance of understanding how systemic and institutional
racism has impacted BIPOC people across this country for generations, and the importance of
understanding hard truths from their stories, and
WHEREAS, we can learn and take inspiration from the life of former Fort Collins resident
Hattie McDaniel, the first Black artist to win an Academy Award, who achieved greatness in her
performance career as a musician, songwriter, radio pioneer, and actor while enduring racism and
discrimination, and who played an important leadership role as a political organizer in a successful
fight to end housing segregation in Los Angeles in the 1940s; and
WHEREAS, Black Fort Collins residents have worked to build lives, raise their families,
develop livelihoods, create community, and challenge discrimination while living in Fort Collins
since colonization; and
WHEREAS, throughout the history of the colonization of North America, Black people
have exemplified resilience and resistance in the face of persistent attempts to marginalize their
communities; and
WHEREAS, we acknowledge Black contributions and achievements in the Fort Collins
community, past and present; and
WHEREAS, the City of Fort Collins is practicing our commitment to racial healing,
partnership, and active support for Black community members through sponsorship of activities that
are most important to the community, including the upcoming three-day celebration of Juneteenth, a
federal, state, and local holiday.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
the June 10, 2022 as
HATTIE MCDANIEL DAY
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this the 7th of June, A.D. 2022.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, after the Emancipation Proclamation was issued on January 1, 1863, it took almost
two-and-a-half years for enslaved African Americans in Texas to be informed of their liberation by the
Union Army, who did not enforce their emancipation until June 19, 1865; and
WHEREAS, that day became known as Juneteenth Independence Day and has been celebrated by
the Black and African American community for over 150 years, and is now commemorated nationally as the
day when enslaved Black and African Americans were freed; and
WHEREAS, not all enslaved people on American soil were liberated until the enactment of the
Thirteenth Amendment; and
WHEREAS, we recognize the continued impacts of slavery on the Black and Afr ican American
community today, the continued threat of racist violence, and the continued fight against systemic racism in
pursuit of liberation, reparations, and justice; and
WHEREAS, the Fort Collins Equity Indicators Report highlights the impacts of discrimination
against the local Black and African American community in outcomes connected to criminal justice, safety,
economic opportunity, health, education, and housing, and the City commits to action in addressing each of
these inequities through truth-telling, reconciliation, and systemic change; and
WHEREAS, Governor Jared Polis signed a bill Monday, May 2, 2022, that makes Juneteenth
Colorado's eleventh state holiday and the City declared Juneteenth a n official city holiday for the first time
in 2022; and
WHEREAS, the first community-organized Juneteenth celebration in the City of Fort Collins will
take place at Foothills Mall the weekend of June 17-19, 2022. The community will celebrate Juneteenth in
culturally significant ways that promote remembrance and advocate for racial progress; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim June
19, 2022 as
JUNETEENTH INDEPENDENCE DAY
and further commit to addressing inequitable outcomes that persist for Black and African American
community members and encourage the community to join in celebration and solidarity as we recognize the
significance of Juneteenth and the continued struggle for liberation.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this the 7th day June, A.D. 2022.
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling
during the month of June through educational programs, community events, races, groups rides, or
just getting out and going for a ride; and
WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all
residents by fostering physical and mental health, improving air quality, reducing traffic congestion
and noise, decreasing the use of and dependence upon finite energy sources; and
WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of
transportation, endeavors to promote safe and responsible bicycling, and is committed to
incorporating the development of bicycle facilities; and
WHEREAS, our City maintains over 280 miles of bikeway network which attract thousands
of bicyclists each year; and
WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Bicycle
Friendly Communities, as designated by the League of American Bicyclists; and
WHEREAS, Fort Collins is recognized among the best cities in the nation for bicycling by
PeopleForBikes, further reflecting the City’s commitment to making Fort Collins a vibrant, multi -
modal destination; and
WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Routes to School, and
other local businesses and organizations will be promoting bicycling as a viable means of
transportation during the month of June 2022.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
the month of June 2022 as
BIKE MONTH
in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or
recreation and to participate in the many events planned for the summer months, particularly, the
34th annual Bike to Work (or Wherever) Day on June 22.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of June, A.D. 2022.
__________________________________
ATTEST: Mayor
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular
meetings.
ATTACHMENTS
1. May 3, 2022 (PDF)
2. May 17, 2022 (PDF)
1
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City of Fort Collins Page 197
May 3, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt (remote), Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
(Secretary’s Note: Mayor Arndt participated remotely under the provisions of Ordinance No. 079, 2020
which remains in effect.)
• AGENDA REVIEW: CITY MANAGER
Interim City Manager DiMartino and Spanish interpreters outlined the interpretation options.
The video outlining public participation options was played.
Interim City Manager DiMartino stated there were no changes to the published agenda; however,
given the memo provided regarding Item No 12, First Reading of Ordinance No. 053, 2022,
Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the
Imposition, Collection, and Enforcement of the City’s Sales and Use Tax, and subsequent Council
questions, she recommended pulling the item to the Discussion Agenda. Additionally, she noted
Item No. 18, Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House,
1433 South Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins, was approved on First Reading; however, staff
is recommending postponing the item indefinitely as the property owners have withdrawn their
consent and the process to address a consensual designation is no longer applicable.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
G. Inguanta commented on previously being employed as a social worker at Fossil Ridge High
School and on subsequently resigning due to gaps in what the school district can provide in terms
of mental health resources for students and expressed concern about the reliance on school resource
officers in mental health crisis situations.
Eric Sutherland stated the Sustainability Services Department has failed to properly address the
climate emergency. He also suggested the City form a citizens’ committee regarding Connexion.
Helen Migchelbrink, Mead City Manager and former Fort Collins City Engineer, discussed issues
she has encountered getting Connexion service. She stated the transparency around the topic needs
to be increased and also encouraged support for a citizens’ committee to continue improving
customer experiences.
Clint Anders expressed disappointment staff did not put more effort into updating the shed design
guidelines as part of the recent Building Code updates and local amendments. He stated the updates
should have included changes to help make sheds safer, more sustainable, and more useful.
Martha Roden commented on an article from Ashland, Wisconsin indicating the city has
encouraged residents not to mow yards in May to help feed early season pollinators. She
encouraged Council to institute “no mow May” in Fort Colllins.
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Dylan Lindsey discussed his experience in serving on the Youth Advisory Board and thanked the
City for providing the opportunity for youth to get involved in local politics.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Peel thanked Mr. Lindsey for his service on the Youth Advisory Board. She asked
about the shed design guidelines mentioned by Mr. Anders. Caryn Champine, Planning,
Development, and Transportation Director, replied she would like to connect Mr. Anders with the
City’s Chief Building Official, Marcus Coldiron, to determine which issues fall under the Building
Code and which fall under the Land Use Code.
Councilmember Peel expressed support for the formation of a citizens’ committee for Connexion.
Councilmember Pignataro thanked Ms. Roden for her comments and expressed support for the
possibility of “no mow May.” She disagreed with Mr. Sutherland regarding the work of
Sustainability Services and requested additional information on the role of the department. Interim
City Manager DiMartino stated Sustainability Services provides an integrated approach to
environmental services, economic health, and social sustainability. Councilmember Pignataro
requested a staff report providing additional detail on the role of the department at a future meeting.
Councilmember Pignataro thanked G for commenting. She asked if there are citizens’ committees
for utilities other than Connexion. Interim City Manager DiMartino replied there is an Energy
Board and Water Commission. he stated there have been some opportunities for citizen
engagement around Connexion and commented on the nuances of a citizen committee regarding
the competitive nature of the utility.
Councilmember Pignataro asked about the process that occurs when there are complaints around
Connexion. Interim City Manager DiMartino replied there is a process for processing and
reviewing complaints.
Mayor Arndt thanked Mr. Lindsey for his service on the Youth Advisory Board and thanked Ms.
Roden for her suggestion about “no mow May.” She also thanked G for commenting.
Councilmember Ohlson suggested looking at providing an optional “no mow May” in the future,
particularly from an enforcement perspective. He stated there is no reason to fear an advisory
committee, with a sunset, for Connexion, to help build confidence in the transparency of the utility.
Councilmember Canonico thanked Ms. Roden for her “no mow May” suggestion and thanked Mr.
Lindsey for his service on the Youth Advisory Board.
Councilmember Gutowsky also thanked Ms. Roden for her suggestion.
Mayor Pro Tem Francis requested a follow-up memo regarding Mr. Anders’ comments. She also
suggested scheduling a work session regarding Connexion.
• CONSENT CALENDAR
Councilmember Pignataro made a motion, seconded by Councilmember Peel, to adopt and
approve items 1 – 11 and 13 – 17 on the Consent Agenda.
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RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the April 5, 2022 and April 19, 2022 Regular
Meetings. (Adopted)
The purpose of this item is to approve the minutes of the April 5, 2022 and April 19, 2022 Regular
meetings.
2. Second Reading of Ordinance No. 043, 2022, Making Supplemental Appropriations and
Authorizing Transfer of Appropriations from the Colorado Utility Data Accelerator Grant for the
Fort Collins Utilities MyData Customer Portal. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $100,000 from
the Colorado Energy Office awarded as a Colorado Utility Data Accelerator Grant. The funds support
the energy data disclosure requirements under the State’s “Energy Performance for Buildings” statute
(HB21-1286; §25-7-142 (4)). The funding will help Utilities streamline the process of sharing
aggregated utility use data with building owners and improve benchmark reporting.
The grant will be used to extend the scope of work with an existing vendor supporti ng the MyData
Utilities Customer data access portal through which building owners report building data required by
City Code. By extending functionality of that existing webservice for sharing Utilities customer usage
data with the EPA’s ENERGY STAR ® Portfolio Manager ® tool, the MyData portal can be leveraged
to collect data required by both City Code and the Energy Performance for Buildings statute, reducing
the compliance effort for building owners.
3. Second Reading of Ordinance No. 044, 2022, Making a Supplemental Appropriation of Larimer
County Fiscal Recovery Funds to the City to Support the Mobile Home Park Backflow Preventer
Project. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, approves contra ct execution
and appropriation of Larimer County ARPA funding of $132,500 awarded to the City’s Neighborhood
Services department for mobile home park backflow preventer purchase and installation to improve
community water quality and avoid infrastructure c osts from being charged to mobile home park
residents.
4. Second Reading of Ordinance No. 045, 2022, Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other
Related Natural Areas Stewardship Activities not included in the 2022 Adopted City Budget.
(Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $10,167,000
in prior year reserves in the Natural Areas Fund. These appropriations are for land conservation, visitor
amenities and restoration of wildlife habitat, as well as other Natural Areas Department stewardship
activities to benefit the residents of Fort Collins.
5. Second Reading of Ordinance No. 046, 2022, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities, Tourism Programming, and
Convention and Visitor Program Services. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $292,114, of
which $181,643 is proposed for Cultural Development and Programming Activities (Fort Fund) and
$110,471 is proposed for Tourism Programming (Fort Fund ) from a combination of Lodging Tax and
Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves.
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Lodging taxes are annually collected by the City for Cultural Development and Tourism programming
activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and
then adjusted annually as needed based on final actual collections. Due to continued recovery from
the pandemic, Lodging Tax revenues collected for 2021 came in $38,516 below projected col lections.
6. Second Reading of Ordinance No. 047, 2022, Appropriating Prior Year Reserves for the Post
Employment Health Plan as Provided in the Collective Bargaining Agreement with the Fraternal
Order of Police. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates General Fund
reserves for City contributions to the 2022 City Post Employment Health Plan (PEHP) to be made to
the accounts of members of the Collective Bargaining Unit (CBU) of Fort Collins Police Services as
agreed upon through the 2022-2024 Collective Bargaining Agreement (CBA) with the Northern
Colorado Lodge #3 of the Fraternal Order of Police (“FOP”).
The CBA was approved by Council by Resolution 2021-114 on December 7, 2021. The CBA specifies
a matrix of one-time and “catch-up” City contributions to be made to CBU members’ PEHP accounts
based upon their cumulative service in the CBU. A reminder of this pending appropriation was included
in Ordinance No. 015, 2022, the appropriation ordinance for CBU salary increases.
7. Second Reading of Ordinance No. 048, 2022, Authorizing the First Amendment to the Second
Amended and Restated Conservation Easement on the Williams Property. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes the execution of
an amendment to the Williams (formerly Hazelhurst) Conservation Easement. The amendment will
correct an error in the stated residential building square footage, clarify language outlining structure
parameters, correct the reference to mineral rights ownership, enhance mineral extraction restrictions,
and prohibit sodbusting.
8. Second Reading of Ordinance No. 049, 2022, Authorizing Conveyance of an Amended
Agreement for a Permanent Non-Exclusive Drainage Easement on Property Jointly Owned by
the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport for
the New Veteran's Affairs Clinic. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes an amended
permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport
property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s
Affairs (VA) clinic planned for constructed adjacent to the East side of the Airport (the “VA Project”) by
Byrd Drive Development, LLC, (“Developer”). This amended easement will supersede the drainage
easement for the VA Project previously adopted by Council’s by Ordinance No. 008, 2021 on January
19, 2021.
9. Second Reading of Ordinance No. 050, 2022, Approving an Estoppel Certificate that Modifies
an Existing Lease Between the Cities of Fort Collins and Loveland and Discovery Air, LLC, for
Property Located at the Northern Colorado Regional Airport . (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of an
estoppel certificate requested by Discovery Air LLC (“Discovery Air”) with respect to a fifty -year ground
lease of Airport property (the “Lease”) previously approved by Council. The requested Estoppel
Certificate contains provisions that effectively modify the Lease and therefore requires Council
approval.
An estoppel certificate is a legally-binding signed statement certifying for another's benefit – in this
case Discovery Air’s lender - certain facts regarding the Lease as accurate and it will be enforced to
“estop” (or prevent) the Cities from asserting a different state of facts. An estoppel certificate is
customarily provided under long-term leases, is necessary to obtain financing and is called for by the
Discovery Air Lease.
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10. Second Reading of Ordinance No. 051, 2022, Authorizing the City Manager and the Mayor to
Enter into an Agreement Between the City of Fort Collins and the Landowners’ Association for
Phantom Canyon Ranches Regarding the Halligan Water Supply Project and to Execute Certain
Conveyance Documents and an Agreement Attached Thereto. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of a
proposed agreement (“Proposed Agreement”) between the City and the Landowners’ Association for
Phantom Canyon Ranches (“Association”) regarding certain aspects of the City’s Halligan Water
Supply Project (“Halligan Project”). The Association owns certain real property adjacent to Halligan
Reservoir (which the City intends to enlarge) and along the North Fork of the Poudre River (“North
Fork”). Since late 2018, City representatives have collaborated with the As sociation to obtain property
rights necessary for the Halligan Project and to address concerns raised by the Association,
culminating in the Proposed Agreement.
Under the Proposed Agreement:
• The Association would:
o convey the City a river access easement a long the North Fork for Phase 1 (Permitting and
Design) of the Halligan Project;
o convey the City small parcels around Halligan dam needed for construction; and
o resolve outstanding claims under historical agreements.
• The City would:
o grant the Association options to acquire: 121 acres below the Halligan Reservoir dam
(“Halligan Dam”) that would be subject to restrictive covenants; easements along the reservoir
and North Fork; and
o modify an existing lease allowing the Association to use the surface of the reservoir until
construction.
Both parties also agree to work collaboratively on access for Phases 2 (Construction) and 3 (Operation
and Maintenance). City staff analyses indicate that the Proposed Agreement is cost neutral and
beneficial to the City and the Halligan Project.
11. First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre
River Native Fish Project Grant in the Natural Areas Fund. (Adopted on First Reading)
The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife
to the Natural Areas Department to complete a river habitat improvement project for native fish on the
Cache la Poudre River. The grant funds will be used to create refuge pools in a side cha nnel of the
Cache la Poudre River for the rare, native plains topminnow and orange -spotted sunfish. The project
is a value-added element to the City’s instream water right project underway at the CSU Environmental
Learning Center (BFO 1.62, 9.16, 12.23). F lows for the refuge pools will be supplied by the instream
water right.
12. First Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four
Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivisio n.
(Adopted on First Reading)
The purpose of this item is to approve an Ordinance that would vacate and accept rededication of four
permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements
(the “Original Easements”) were dedicated to the City prior to the initial construction and installation
of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was
completed, the property owner determined that the Utility Equipment was not situated entirely within
the boundaries of the Original Easements. To remedy this situation, staff recommends that the City
vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New
Easement Deed”) in favor of the City providing for four permanent utility easements that correctly
describe the location of the Utility Equipment (the “New Easements”).
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13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code
of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s
Sales and Use Tax.
THIS ITEM WAS PULLED FROM CONSENT TO ALLOW FOR DISCUSSION.
14. First Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage. (Adopted on First Reading)
The purpose of this item is to extend the authorization originally granted with Ordinance No. 167, 2021,
for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-
Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire
on June 7, 2022. This temporary facility is in place to address a critical loss in T-Mobile's existing
cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte
River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (pro posed at
4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022.
15. First Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2022 Larimer County Gener al Election. (Adopted on First
Reading)
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 8, 2022, Larimer County General election, preserving the opportunity for Council to place
Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any
questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If
Council does not take action by ordinance or resolution before the statutory deadline (September 9)
to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this
Ordinance will be of no further force and effect.
This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is,
however, a required first step in preserving the option for Council to submit any questions that Council
may desire at the November 8, 2022, General Election.
16. Resolution 2022-055 Authorizing the Execution of an Intergovernmental Agreement Regarding
Regional Opioid Settlement Implementation and Designating a City Representative to the
Larimer Regional Council. (Adopted)
The purpose of this item is to approve and authorize execution of an Intergovernmental Agreement
with Larimer County, the City of Loveland and the Town of Wellington, establishing a regional
governing body to oversee funding received from the national settlements reached with opioid
distributors and manufacturers.
17. Resolution 2022-056 Confirming and Approving the Appointment of Andy Smit h for a Second
Term to the Board of Commissioners of the Fort Collins Urban Renewal Authority. (Adopted)
The purpose of this item is to confirm Mayor Jeni Arndt’s appointment of Andy Smith to a second four -
year term to serve as a commissioner on the Fort C ollins Urban Renewal Authority Board of
Commissioners. This new term would begin on May 25, 2022, and end on May 25, 2026.
• COUNCILMEMBER REPORTS
Councilmember Peel reported on attending the Habitat for Humanity grand reopening. She also
reported on community conversations with the Chamber of Commerce at Horse and Dragon and
on attending the Chamber of Commerce celebration.
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Councilmember Canonico reported on attending the Arbor Day celebration at Zach Elementary
School and on talking with students there about local government. She also reported on judging
at CSU’s Hydrology Days Student Showcase.
Councilmember Gutowsky reported on touring the Rocky Mountain Raptor Program facility and
attending the Chamber of Commerce celebration. She also reported on the Behavioral Health
Policy Council receiving an update on the new behavioral health facility at its recent meeting. She
commented on the Northern Colorado Vet Resource Center and reported on a visit to the Soapstone
Prairie Natural Area.
Councilmember Ohlson reported on attending the Habitat for Humanity reopening, which includes
a new pollinator garden, and May Day festivities at Edora Park.
Mayor Pro Tem Francis reported on attending the unveiling of new electric buses as part of the
Transfort fleet.
Interim City Manager DiMartino noted both of the City’s free mulch days have been cancelled at
this point due to a fire.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code
of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s
Sales and Use Tax. (Adopted as Amended on First Reading)
The purpose of this item is to amend Chapter 25 of the City Code concerning sales and use tax. The
updates include revisions to the Grocery Tax Rebate Program to provide greater administrative
flexibility to staff to aid in alignment with the ongoing City -wide initiative to broaden access to City
income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the
Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written
agreements for tax settlements are required, creating an exemption from sales tax for the recently
adopted disposable bag fee, and removing the tax exemption for cigarettes.
Travis Storin, Chief Financial Officer, stated the newly prepared materials provided to Council are
intended to address the nature of Council’s inquiries.
Jennifer Poznanovic, Sales Tax Manager, discussed the history of the grocery tax rebate program,
which was established in 1972. She outlined the proposed updates to the program which would
reduce application barriers in a commitment to increase participation in the program, expand the
window of service from a seasonal program to an annual program, to remove the income
verification through federal income tax returns and align eligibility with other income-qualified
programs across the city by taking the AMI from 50% to 30%, and to add a legacy clause for
previous applicants who fall within the 30-50% range to still qualify for the program moving
forward. She discussed the rationale for the proposed updates and noted the staff goal is to create
a simple, universal application for income-qualified programs.
Eric Sutherland questioned whether other governmental entities are charging sales tax on the Fort
Collins bag fee. He also questioned whether income-qualified consumers who do not live within
city limits or the GMA are eligible for the tax rebate. He stated most Coloradoans do not pay sales
tax on food.
Councilmember Ohlson requested additional information regarding the definition change for the
manufacturing equipment sales tax rebate. Poznanovic replied the goal was to provide more clarity
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in the definition as it is currently laid out in the manufacturing use tax rebate guide and within the
Code. Storin noted the manufacturing use tax rebate program is going through a de facto sunset, a
result of the Wayfair supreme court case ruling.
Councilmember Ohlson stated he would like to know the financial implications, starting with the
Finance Committee, to keep the AMI at 50% rather than 30% for all income-qualified programs.
He also requested a memo regarding how lower-income younger people are being assisted to
participate in sports or other activities that are not City run. Storin replied he is responsible for not
bringing this item to the Finance Committee and stated he would bring forth information regarding
the cost of bringing this and other income-qualified programs to the 50% AMI level. He stated
the 30% number is being recommended for user-friendliness and trade-offs related to enhancing
participation. Nina Bodenhamer, City Give Program Director, stated the challenge between 30
and 50% AMI is related to income verification as the only tool available at the 50% AMI is the
income tax return and those programs that associate with income tax statements tend to eliminate
potential applicants. She stated programs associating verification to known federal, state, or local
programs that already have established income verification are more successful.
Councilmember Ohlson requested staff provide data related to the cost of programs at the two AMI
levels prior to Second Reading, or have the item put on hold to garner that information. He
suggested it could be optional for the 50% AMI population to provide the tax information should
individuals want to apply for programs.
Mayor Arndt asked if applications are available in both Spanish and English. Staff replied in the
affirmative.
Mayor Arndt asked how rebates are received. Poznanovic replied individuals receive checks
annually that are based on an average which increases incrementally every year. Bodenhamer
noted individuals must live within the GMA to receive the rebate from the City, which is based on
the number of individuals in the household.
Mayor Arndt asked how the City goes about reaching the residents who qualify. Bodenhamer
replied the City’s ability to reach and expand audiences is tied to the new app, Get FoCo, which
aims to provide ease in application.
Mayor Arndt asked how seniors are assisted. Bodenhamer replied Poznanovic’s team will continue
to offer office hours to assist residents in completing the application on the app. Additionally,
iPads will be utilized for community outreach events to assist individuals in applying.
Mayor Pro Tem Francis asked if it would be possible to keep the application process for the app
at 30% AMI while still allowing those up to 50% AMI to apply with the proper tax credentials.
Bodenhamer replied that is technically possible; however, best practices have shown more nuances
and pathways tend to increase barriers. She noted there is a legacy opportunity for those households
that fall between the 30 and 50% AMI. She also commented on it being easier to attract family
households if a bundled benefit is offered. She stated it is critical to look at a stratification of
benefits.
Mayor Pro Tem Francis asked if Council would be able to update the Code requirements to change
the AMI and income verification documentation requirements. Storin replied in the affirmative;
however, Bodenhamer noted income tax verification is currently the only way to verify at the 50%
level.
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Councilmember Ohlson suggested the item be tabled to garner a bit more information from staff.
Interim City Manager DiMartino noted the disposable bag fee exemption is also part of this item
and staff would like to clarify that issue. She also suggested the possibility of leaving the number
at 50% for First Reading and returning with other options for Second Reading. City Attorney
Daggett noted the 50% to 30% change only falls in one section of the Ordinance and the remainder
would be able to stand on its own.
Councilmember Canonico asked if there is a means by which an individual who receives a rebate
by check can cash the check if they do not have a bank account. Storin replied there have been
challenges with that issue and the use of prepaid credit cards has been considered. City Attorney
Daggett noted the Ordinance has room to leave the method of payment up to the Financial Officer
in terms of how the program is administered; therefore, alternative ways to pay the rebate could
be explored with the existing language.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 053, 2022, on First Reading, as amended with Section 25-49 modified to retain the
50% threshold for eligibility with corresponding edits and with edits to clarify in the definition of
household that unrelated persons who reside at the same physical address and are financially
independent of each other may individually apply and may each qualify as a household.
RESULT: ORDINANCE NO. 053, 2022 ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
18. Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South
Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Postponed Indefinitely)
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
2021-093.
The purpose of this item originally was to request City landmark designation for the proper ty at 1433
South Overland Trail. However, since the time of the First Reading of Ordinance No. 11, 2022, the
owners of the Property have notified staff that they no longer have consensus regarding support for
the designation of the Property as a Landmark and have requested their application for designation
be postponed.
In cooperation with the property owner (which has since been withdrawn), the Ponds at Overland Trail
HOA, staff and the Historic Preservation Commission (the “Commission”) had determined the property
to be eligible for designation under Standards 2, Persons/Groups for association with Paul & Emerald
Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard
3, Design/Construction for the property's significance as a rare surviving example of a stone masonry
farmhouse in the Fort Collins area. The HOA owner originally requested designation to provide
protection of the property's exterior and immediate grounds, and access to financial incentives for
preservation. The Owners have now withdrawn their consent and the process for a consensual
designation is no longer applicable.
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Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to postpone
Ordinance No. 011, 2022 indefinitely.
RESULT: POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
19. First Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General
Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable
Housing Developments. (Adopted on First Reading)
The purpose of this item is to request an off-cycle appropriation from General Fund Reserves in the
amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure
required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes
currently in the City’s development review process may apply for building permits during 2022.
Meaghan Overton, Housing Manager, stated this item would appropriate $238,000 in General
Fund reserves to support cost sharing for electric vehicle infrastructure at affordable housing
developments. She outlined the types of infrastructure that are options for various levels of EV
readiness and noted Council adopted an option that requires 20% EV capable, 15% EV ready, and
1 installed EV charger at affordable housing developments. She stated this appropriation would
cover the incremental cost difference between the current requirement from the Colorado Housing
Finance Authority and the Council-adopted option.
Overton summarized by stating staff will proceed with development of an application and
administration process for the EV infrastructure credit should Council approve this appropriation.
She noted 2022 would be a pilot year of sorts for the program to ensure the program is working as
intended. Staff would then request a budget offer for the upcoming budget cycle to provide
continued funding for EV cost sharing.
Eric Sutherland discussed the City’s history with enacting regulatory actions and requirements,
including the requirement that all multiple dwelling units constructed in the city have adequat e
bicycle parking, which he stated has not occurred for some developments.
Mayor Pro Tem Francis clarified this appropriation ordinance applies to deed-restricted affordable
housing and not multi-family dwelling units in general.
Councilmember Ohlson asked about the source of the cost estimates provided. John Phelan,
Energy Service Manager, replied these are the same estimates presented at the March 8 work
session and they come from a number of sources, including the estimates provided by local private
sector affordable housing partners. The range has been provided as there can be a great deal of
variability from project to project and the higher numbers were used to ensure the appropriation
request was enough.
Councilmember Ohlson asked what party will oversee to ensure costs are accurately reported by
the contractors. Overton replied the initial year will be used to collect actual cost data alongside
administering a credit program. She stated this program has been designed to not require
developers to provide exact costs, but to have this function more as a subsidy for affordable
housing.
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Councilmember Ohlson expressed concern validation of labor and materials costs is not a
requirement given use of public dollars in affordable housing projects. Overton replied there is a
level of oversight in the overall costs of a program; however, funding assistance is provided for
the project overall, not for specific pieces of a project. She cited the example of the competitive
process for CDBG funds.
Councilmember Ohlson requested the formation of some type of process to ensure the proper costs
of the infrastructure are what is being charged. He also requested refinements be made prior to the
next round of Building Code amendments to ensure that redevelopment projects are not able to
skirt Building Code requirements based on the scale of work.
Councilmember Canonico thanked staff for the formation of this program.
Councilmember Peel questioned how much demand there will be for EV charging stations in the
affordable housing sector. Phelan replied EV purchasing has generally been done by wealthier
people, and the selection of vehicles has been more expensive; however, that is changing gradually.
He stated affordable housing residents typically own vehicles and they will likely become
electrified over time. He stated putting the infrastructure in place for those vehicles now is much
more cost effective than retrofitting the site later.
Councilmember Peel stated she would not support this item as her preference would be to revisit
the Building Code amendments to enact a different requirement for affordable housing
developments.
Mayor Pro Tem Francis thanked staff for their work on this item and commended the developed
solution.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 057, 2022, on First Reading.
RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON FIRST READING [6 TO 1]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
• OTHER BUSINESS
Mayor Pro Tem Francis stated Council needs to provide direction to staff related to returning to
in-person work sessions. She stated the initial plan is to have the first hybrid work session on June
14. Interim City Manager DiMartino stated a hybrid option for work sessions would likely mean
holding those meetings in the 222 Colorado Room as it has the necessary updated technology.
Councilmember Pignataro stated the current U-shaped table arrangement used for work sessions
is not the most collaborative and suggested staff explore some options. Interim City Manager
DiMartino replied staff could at least develop a temporary solution.
Councilmember Canonico reiterated her support for “no mow May” and requested and received
Council support for examining a voluntary program. Interim City Manager DiMartino stated staff
would provide information regarding where that type of program works well from a climate
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perspective and suggested individuals could register with Code enforcement to participate in “no
mow May” as a possibility.
Motion to adjourn this meeting until after the completion of Electric Utility Enterprise Board business:
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, that Council
adjourn this meeting until after the completion of the Electric Utility Enterprise Board business.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 8:32 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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May 17, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Francis, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro (Excused), Canonico (Excused)
STAFF: DiMartino, Daggett, Hollingshead
• AGENDA REVIEW: CITY MANAGER
The Spanish interpretation options for the meeting were outlined and the video outlining public
participation options was played.
Interim City Manager DiMartino stated the agenda was amended to include a Community Report
from Poudre Fire Authority and to make some formatting changes to Ordinance No. 060, 2022, as
part of Item No. 8, Items Relating to the 2021 International Fire Code.
• COMMUNITY REPORT: Poudre Fire Authority Annual Report.
Chief Derek Bergsten introduced the Poudre Fire Authority District Board Members and staff. He
discussed Poudre Fire Authority (PFA) as an entity and discussed the intergovernmental agreement
that outlines the services provided by the Authority, its funding formula, budget, and how the
Authority is governed. He discussed the 2021 call volume and promoted the free CPR classes and
associated app that alerts trained individuals of nearby cardiac arrest victims offered by PFA. He
discussed the recently adopted strategic plan and provided PFA’s annual report.
Mayor Pro Tem Francis stated it has been an honor to serve on the PFA Board and commended
the work of PFA.
Councilmember Gutowsky stated she is also honored to serve on the PFA Board.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Emily Gallichotte commented on the Council priority related to minimum wage and encouraged
staff to schedule an ordinance for Council consideration prior to the end of the year.
Eric Sutherland requested Mayor Arndt provide a synopsis of her conversation with a developer
regarding quasi-judicial matters coming before Council. He stated eligible individuals are not
taking advantage of the food tax rebate.
Rex Anderson requested staff enforce its Code related to the storage of junk items at houses in his
neighborhood.
Bill Gherardi expressed concern about the number of vehicles being parked on his street and stated
he has reported houses that have more than three unrelated residents and has received no response
from Code enforcement.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson requested staff follow-up with Mr. Anderson and Mr. Gherardi. Interim
City Manager DiMartino replied the issues are well-documented and staff will follow up.
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• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
1. Second Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the
Poudre River Native Fish Project Grant in the Natural Areas Fund. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, requests an appropriation of
grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river
habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used
to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains
topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream
water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23).
Flows for the refuge pools will be supplied by the instream water right.
2. Second Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the
Code of the City of Fort Collins Relating to the Imposition, Collection, and Enfo rcement of the
City’s Sales and Use Tax. (Adopted on Second Reading)
This Ordinance, unanimously adopted as amended on First Reading on May 3, 2022, amends Chapter
25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax
Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing
City-wide initiative to broaden access to City income-qualified programs. Other updates include, but
are not limited to, clarifying definitions for the Manufacturing Use Tax Rebate Program, increasing the
dollar threshold that determines when written agreements for tax settlements are required, creating an
exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption
for cigarettes.
3. Second Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four
Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision.
(Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, vacates and accepts
rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four
original easements (the “Original Easements”) were dedicated to the City prior to the initial
construction and installation of the equipment and fixtures providing said utilities (the “Utility
Equipment”). After construction was completed, the property owner determined that the Utility
Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this
situation, staff recommends that the City vacate the Original Easements and accept a new Deed of
Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent
utility easements that correctly describe the location of the Utility Equipment (the “New Easements”).
4. Second Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T -Mobile to Place a Temporary Wireless
Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, extends the authorization
originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility
known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony.
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The current temporary authorization is set to expire on June 7, 2022. This temporary fac ility is in place
to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-
Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to
be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed and
operational no later than December 1, 2022.
5. Second Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2022 Larimer County General Election. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, calls a Special Municipal
Election to be held in conjunction with the November 8, 2022, Larimer County General election,
preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the
November ballot. If Council decides to place any questions on the ballot, it would need to accomplish
this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution
before the statutory deadline (September 9) to certify ballot language to Larimer County, the election
will be cancelled, and the provisions of this Ordinance will be of no further force and effect.
This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is,
however, a required first step in preserving the option for Council to submit any questions that Council
may desire at the November 8, 2022, General Election.
6. First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light &
Power Fund for Purchase of Distribution and Substation Transformers. (Adopted on First
Reading)
The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power
reserves to fund a capital project consisting of the purchase of distribution and substation transformers.
Information from transformer vendors indicates that prices and lead times are rising significantly, due
to supply chain and inflationary challenges. With respect to distribution transformers, it will be
necessary to either scale back the number of distribution transformers the City planned to purchase
this year or request an additional appropriation to permit purchase of the expected number of
transformers necessary to accommodate new customers and prudent asset replacement. A reduction
in the number of transformers purchased could negatively impact new development and system
reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution
transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely
in late 2023 at the earliest.
In addition, a new substation will be necessary to adequately serve the northeast areas of the City as
those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two
substation transformers needed to serve this load growth. Again, this supplemental appropriation is
recommended to avoid waiting to place these orders when additional funds would otherwise become
available in early 2023 and should allow these transformers to be delivered within the next three years
given current lead-times. The total supplemental appropriation being proposed for Council
consideration is for $3,666,000.
7. First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received
Through City Give for The Gardens on Spring Creek. (Adopted on First Reading)
The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services
Fund for The Gardens on Spring Creek to support operations as designated by the donor and
community partner, The Friends of the Gardens on Spring Creek.
8. Items Relating to the 2021 International Fire Code. (Adopted on First Reading)
A. First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort
Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021
International Fire Code, with Amendments.
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B. First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section
2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments.
The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International
Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated
codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved
this code package and is requesting the code be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire
Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Comm ission
acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a
related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the
Fire Board of Appeals as set forth in the 2021 IFC.
9. First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of
Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to
Make an Appointment to One of the New Director Positions. (Adopted on First Reading)
The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the
Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s
Board of Directors (Board) from five to seven directors and it would appoint the director for one of the
newly created positions. The Board seeks broader representation from the District. The Board’s
expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie
Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain
vacant until the Board finds an eligible elector who is willing and able to serve on the Board.
10. Resolution 2022-057 Approving an Intergovernmental Agreement for Technical Support
Services Between the City of Fort Collins and Platte River Power Authority. (Adopted)
The purpose of this item is for approval of an Intergovernmental Agreement (IGA) with Platte River
Power Authority (Platte River) for technical support services to replace the long-standing expiring
three-party agreement between the City, Platte River, and Longmont for utility customer information
system (CIS) support. This new IGA defines the revised expectations related t o the services Platte
River will provide strictly to the City of Fort Collins in support of its Hansen/Banner CIS.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Peel commended the fundraising work done related to Item No. 7, First Reading
of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give
for The Gardens on Spring Creek.
• STAFF REPORTS
Interim City Manager DiMartino stated free mulch day has been reinstated for Saturday, May 21.
• COUNCILMEMBER REPORTS
Mayor Arndt reported on attending ICLEI – Local Governments for Sustainability’s World
Congress meeting.
Councilmember Peel reported on attending the Front Range Community College graduation
ceremony and Colorado Municipal League meetings.
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• DISCUSSION ITEMS
11. Second Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General
Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable
Housing Developments. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on May 3, 2022 by a vote of 6 -1 (Nay: Peel), requests an
off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing
related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH)
developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development
review process may apply for building permits during 2022.
Councilmember Peel asked how these funds will be allocated in ongoing budgets. Kirk Longstein,
Energy Services, replied the current appropriation is for 2022 as a pilot year and there is a budget
offer for 2023-2024 to continue funding.
Councilmember Peel expressed concern this is throwing money at a created problem and noted
many people who purchase electric vehicles are in upper income brackets.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 057, 2022, on Second Reading.
RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON SECOND READING [4 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Ohlson, Gutowsky
NAYS: Peel
EXCUSED: Pignataro, Canonico
12. First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and
Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other
Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of
Certain City Projects. (Adopted on First Reading)
The purpose of this item is to consider an Ordinance authorizing the amendment of ce rtain 2019 lease
documents and approval of other related documents for the issuance of certificates of participation
(COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction
of the Southridge golf course irrigation system improvements, construction of the Fleet shop
expansion, and such additional projects as City Council may approve by resolution.
Travis Storin, Chief Financial Officer, stated this package would finance three distinct City
projects through a Certificate of Participation (COPs) debt instrument. He noted this financing
package for the Hughes Stadium property will be available for activation when a purchase and sale
agreement is finalized.
Blaine Dunn, Accounting Director, stated the COPs financing will be authorizing the financing of
the Hughes Stadium land purchase, the Southridge Golf Course irrigation system, and the Fleet
Shop expansion on Wood Street. He provided additional detail on the voter-approved ballot
measure for purchase of the Hughes Stadium property and the financing thereof. He noted costs
will be retroactively allocated based on the final land use of the property. Dunn also provided
additional detail on the Southridge irrigation project and Fleet Shop expansion. He detailed the
financing package and payment information.
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Amanda Newton, Senior Treasury Analyst, discussed the collateral needed for the COPs issuance
and outlined the staff recommendation for those collateral offerings and the mixed repayment
terms. She discussed the steps moving forward assuming adoption of this ordinance.
Eric Sutherland discussed the absence of any explanation of what percentage of the City’s available
tax revenues would thereafter be committed to the repayment of the debt. He noted sales tax
revenues may decrease in the coming years and questioned why the golf courses are not being used
as collateral. Additionally, he stated he was under the impression golf was an enterprise fund.
Rich Stave expressed concerns like those of Mr. Sutherland and questioned why other City assets
are being pledged to obtain the loan for the Hughes property.
Councilmember Peel asked whether golf is an enterprise fund. Storin replied golf is managed in
the City’s financials as an enterprise fund; however, it is not set up with the same TABOR
enterprise status as the Utilities from a legal perspective. He noted the golf portion of this debt will
be paid for with golf revenues and there is a strict line of separation for that within the financial
systems.
Councilmember Peel asked why City assets are being pledged as collateral. Storin replied this is
not general obligation debt and therefore does not have the same requirements under TABOR. He
stated a COP instrument is one where an asset is leased out to the bank then leased back by the
City, somewhat like a mortgage.
Dalton Kelley, Butler Snow, LLP, bond counsel, stated this is a lease back structure; therefore,
there is no opportunity for the trustee to foreclose or sell the property. The City leases the property
to the trustee, and the trustee pays all lease payments upfront, then the City leases back the property
over the term.
Maddie Prodanovic, Hilltop Securities, municipal advisor, stated there is a challenge with trying
to purchase a piece of property and simultaneously using it as a lease asset.
Councilmember Gutowsky asked if there are any risk factors in this transaction from the City’s
perspective. John Duval, Deputy City Attorney, replied the risk would be related to future Councils
not appropriating the funds for annual COP payments in the future thereby leading the bank trustee
to be able to lease out the collateral properties.
Councilmember Gutowsky asked if a downturn in the economy could lead to difficulties in
repayment of the debt. Storin replied there are always economic risks with any type of debt
transaction, and this item would commit the City to a 15-year repayment obligation. He stated the
annual payment of roughly $1.8 million makes up around 0.6% of the City’s governmental
revenue. He noted any decision to not fund debt repayment would be a Council-level decision and
it is the City’s practice to set aside debt service payments prior to budget offers being considered.
Councilmember Gutowsky asked how the capital project list is generated. Storin replied the
Southridge irrigation system is well past its lifespan, and it has typically been the practice of the
City to line up the payments of a decade plus asset with the timeline in which that asset is going
to be in service.
Councilmember Gutowsky asked if there are likely to be additional COP requests soon. Storin
replied there is a Council-adopted policy regarding the City’s debt cap and there is currently a
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significant cap between the current debt load and what the City is legally authorized to be able to
issue. He stated it is possible the City could be considering a COP issuance for the Civic Center
Master Plan, probably no earlier than 2027, or possibly for the ballot-obligated southeast aquatics
facility.
Councilmember Gutowsky asked if there will be any restriction on the ability of the City to use
the Hughes property. Storin replied the binding guidance would not exist as the result of the
financial instrumentation but rather as a product of the City’s Codes and land use determinations.
Mayor Arndt questioned how the irrigation system and Fleet Shop expansion were identified as
priorities as they were not part of the budgeting process. Storin replied it is staff’s practice to defer
as many of those decisions as possible to the budgeting process; however, both of these projects
are run as proprietary funds, therefore, their own revenues must support their operations. He
commented on BFO not being well suited for large capital projects.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 062, 2022, on First Reading.
RESULT: ORDINANCE NO. 062, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
13. First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion
of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to
the COVID-19 Pandemic. (Adopted on First Reading)
The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining
$19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These
projects were reviewed and selected by the Recovery Executive Lead Team because they address
immediate needs for both community and enterprise recovery. These projects align with the City’s
Recovery Plan and have also been reviewed by Council Finance Committee.
Travis Storin, Chief Financial Officer, stated this is a mid-cycle American Rescue Plan Act
(ARPA) appropriation and he discussed the previous ARPA appropriations and remaining funds
that will be part of the budgeting process.
Joanne Cech, incoming Fiscal Recovery Manager, noted all ARPA related funding decisions have
followed a very consistent process related to eligibility per federal requirements and review by the
Recovery Executive Lead Team. She provided additional information regarding the federal
requirements for expenditure of the funds and discussed this $4 million appropriation and
associated requested FTEs.
Councilmember Ohlson requested clarification regarding what was to be a contract position now
being an ongoing position. Cech replied the only ongoing position that was not in the Council
Finance Committee presentation is the capital program business liaison that will reside in the
Economic Health Office. Storin noted the proposal for that position is to use ARPA funds this year
to activate the program; however, the budget offer Council will consider in the fall is jointly funded
between the General Fund and Utilities.
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Councilmember Peel asked if a mid-cycle appropriation was always planned for these funds.
Storin replied the adoption of the recovery plan by Council involved mid-cycle appropriations for
immediate needs to activate funds prior to January 1, 2023.
Councilmember Peel commented on a small business grant program being implemented in Denver
and asked if a similar program could be implemented in Fort Collins now or if it would need to
wait for the budget process. Storin replied staff would look for direction from staff in that regard.
Interim City Manager DiMartino stated she has requested staff provide further detail on that type
of program prior to Second Reading.
Mayor Arndt asked about the wisdom of making ongoing FTE commitments with one-time ARPA
funds. Storin replied the funds must be committed by 2024 and spent by 2026, and there are risks
to making commitments beyond those dates; therefore, staff has endeavored to make the positions
referenced contractual rather than classified, with the exceptions of the mental health response
team and capital projects mitigation specialist.
Mayor Arndt suggested staff report to Council when the ARPA funds and the contractual positions
expire. Cech replied that would occur.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 063, 2022, on First Reading.
RESULT: ORDINANCE NO. 063, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
• OTHER BUSINESS
A. Consideration of a motion to go into executive session to discuss legal questions related to pending
and anticipated Halligan Reservoir real property-related litigation, including eminent domain litigation,
and related to water court litigation for the Montava PUD development:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that the City
Council go into executive session 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),
for the purpose of discussing with the City’s attorneys and appropriate management staff the
following items:
1. Specific legal questions related to litigation regarding the acquisition of property interests
for the Halligan Reservoir Project, including pending and anticipated eminent domain and
other litigation; and
2. Specific legal questions related to litigation regarding water rights for the Montava PUD
Development, including pending and anticipated water court and other litigation; and
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3. The manner in which the particular policies, practices or regulations of the City related to
the determination of water adequacy for proposed developments may be affected by
existing or proposed provisions of federal, state or local law.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
• ADJOURNMENT
The meeting adjourned at 9:38 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Adam Bromley, Director of Operations & Technology
Kendall Minor, Utilities Executive Director
Lance Smith, Utilities Strategic Finance Director
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for
Purchase of Distribution and Substation Transformers.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off-cycle
supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of
distribution and substation transformers. Information from transformer vendors indicates that prices and lead
times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution
transformers, it will be necessary to either scale back the number of distribution transformers the City planned
to purchase this year or request an additional ap propriation to permit purchase of the expected number of
transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the
number of transformers purchased could negatively impact new development and system reliability. The
proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be
ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest.
In addition, a new substation w ill be necessary to adequately serve the northeast areas of the City as those
areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation
transformers needed to serve this load growth. Again, this supplemental a ppropriation is recommended to
avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and
should allow these transformers to be delivered within the next three years given current lead-times. The total
supplemental appropriation being proposed for Council consideration is for $3,666,000.
Council Finance Committee minutes that were not available for First Reading have been included.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on Sec ond Reading.
ATTACHMENTS
1. Council Finance Committee Minutes (excerpt) (PDF)
2. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
3. Ordinance No. 058, 2022 (PDF)
2
Packet Pg. 35
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
May 5, 2022, 4-6 pm
Zoom
Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Francis, Susan Gutowsky
Staff: Kelly DiMartino, Travis Storin, Kyle Stannert, Tyler Marr, Carrie Daggett,
John Duval, Teresa Roche, Chirs Martinez, Kevin Wilkins, Gerry Paul, Blaine
Dunn, Randy Bailey, Trevor Nash, Amanda Newton, Renee Callas, Jo Cech,
Amanda King, Sarah Meline, Jackie Thiel, Javier Echeverria Diaz,
Claudia Menendez, SeonAh Kendall, Rachel Askeland, Kevin Wilkins Beth Yonce,
Beth Rosen, Brittany Depew, Dave Lenz, Sheena Freve, Zack Mozer,
Molly Reeves, Lawrence Pollack, Rachel Springob, Victoria Shaw,
Caryn Champine, Monica Martinez, Marcy Yoder, JC Ward, Lance Smith,
Adam Bromley, Judy Hueser, Tracy Ochsner, Erik Martin, Brian Hergott,
Ingrid Decker, Patty Netherton, Carolyn Koontz
Others: Kevin Jones, Chamber
______________________________________________________________________________
Meeting called to order at 4:00 pm
Approval of minutes from the April 7, 2022, Council Finance Committee Meeting. Kelly Ohlson moved for approval
of the minutes as presented. Emily Frances seconded the motion. Minutes were approved unanimously via roll call
by; Julie Pignataro, Kelly Ohlson and Emily Francis.
A.Light & Power Supplemental Appropriation
Adam Bromley, Interim Deputy Director, Utilities
Lance Smith, Director, FP&A
EXECUTIVE SUMMARY
Based on information from vendors of distribution transformers, it is necessary to either scale back the number
of transformers the City will purchase this year or request an additional appropriation to maintain the expected
transformer demand for both growth as well as prudent asset replacements. A reduction in the number of
transformers purchased could negatively impact new development and system reliability. Staff is recommended
a supplemental appropriation of $1,432,000 which would allow for more transformers to be ordered in 2022 to
be delivered as soon as they are available, likely in late 2023 at the earliest.
Looking toward future growth a new substation will be necessary to adequately serve the northeast areas of the
City as those areas are developed. A supplemental appropriation is also being requested to order the two
ATTACHMENT 1 2.1
Packet Pg. 36 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
substation transformers that will be needed to serve this load growth. Again, this supplemental appropriation
rather than waiting for additional funds to become available in early 2023 will allow these transformers to be
delivered within the next 3 years. Staff is proposing to bring forth an appropriation ordinance which also
includes $2,234,000 for two substation transformers.
The total supplemental appropriation being proposed for your consideration is for $3,666,000.00.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of L&P reserves to procure enough
distribution transformers so that L&P can support new construction and necessary replacements through 2024?
In addition, does Council Finance Committee support an off-cycle appropriation of L&P reserves to begin the
procurement process for two (2) substation transformers that will be used to complete the construction of a
new substation that serves Northeast Fort Collins?
BACKGROUND/DISCUSSION
Distribution Transformers
In the last six weeks or so, L&P staff has engaged with the distribution transformer manufacturer industry to
better understand the significant price increases to the transformers that we typically purchase. The main
drivers of the price increases are related to supply chain issues mainly related to shortages and/or significant
inflationary pressures for almost all raw materials used to construct a distribution transformer including
transformer core steel and aluminum secondary winding supplies. While some manufacturers are better off
than others, simply due to their buying power and existing contracts in these markets, these supply chain issues
have far-reaching impacts to prices, lead times, labor and transportation costs, and production capacity. What
we’re hearing from the industry related to supply chain issues suggests that these price increases and extended
lead times will definitely endure the short term (i.e., through 2023) and will likely continue into a longer term, if
not permanent, scenario.
L&P typically purchases a year’s worth of transformers in advance; L&P uses the economic order quantity
estimating methodology using historical usage data for each stock number along with known future work order
needs to arrive at the quantity for purchase for each year. This methodology works really well when lead times
are reasonable (i.e., 10-20 weeks) or if lead time increases changed very gradually. Depending on the specific
needs of the transformer design, lead times can be 3-5 times longer than what we saw at this time last year,
which does not provide enough time to react adequately. There are quite a few new developments and capital
projects on the horizon so we can assume that new construction needs will not go away in the near future. L&P
projects that current stock levels could last until next summer or fall (2023) if we are very intentional with how
we use units that we have. However, because lead times for the transformers we use the most often are greater
than 1.5 years, we need to order as many as we can now to make sure that they arrive close to when we’re
projecting the existing stock to run out.
Based on historical usage and projected needs, L&P staff has identified three transformer models (specific size
and type) with the highest likelihood of use prior to the end of 2023. Staff intends to utilize existing budget
appropriated for one order of the single most used transformer type and size (single phase submersible). The
requested supplemental appropriation will fund an additional quantity of that same transformer type and size as
well as necessary quantities of the other two transformer models with the highest usage (three phase pad
mounted, 75 kVA and 150 kVA). Because we are relying on existing stock in the other transformer models and
we will need to stay ahead of the long lead times moving into the future, orders for all transformer models will
need to be placed at the beginning of 2023 and 2024 in order to receive those transformers in 2024 and 2025.
2.1
Packet Pg. 37 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
This will change the estimated budget for transformers that was originally planned in the Capital Improvement
Plan (CIP) and 2023/24 BFO offer. All of these changes are shown in the table below.
2022
2022 Transformer Order Total Cost $2.225 M
2022 Transformer Budget $0.793 M
Supplemental Appropriation Request to fulfill Total Cost $1.432 M
2023 2024
Transformer Budget Planned in CIP $1.132 M $1.260 M
Updated BFO Offer for Transformer Budget $4.123 M $3.749 M
Staff has done enough research to feel confident that these orders along with a supplemental appropriation for
additional orders will supplement existing stock levels so that L&P can continue to serve existing and new
development. Staff also has contingency plans in place to ensure delivery of electric service to new and existing
customers.
Substation Transformers
Anticipated annexations and growth in NE Fort Collins will require a new to supply electric capacity to new
customer loads so as to not overburden existing substations in the surrounding areas. A new substation will
allow for Light & Power to continue to operate the system at our current substation and feeder design standards
which guarantee high reliability and stability. Typically, each substation comprises two substation power
transformers and substation switchgear. This new substation is a planned project in the Capital Improvement
Plan (CIP) that was scheduled for the 2023/24 budget cycle.
Due to price increases and lead times for distribution transformers, staff was concerned that power
transformers would have similar supply chain issues. Upon reaching out to the manufacturer that provided
power transformers to L&P in the recent past, we found that there are similar supply chain issues affecting
power transformer manufacturers. Lead times for these power transformers are longer than 3 years at this
point; however, prices didn’t increase in the same manner. In order to avoid even longer delays for these
transformers, a supplemental appropriation to begin the procurement process immediately is prudent.
The lead times of these transformers does change the trajectory of the substation construction schedule and
associated purchases of other high dollar materials (i.e., switchgear). The same amount of capital dollars is
proposed to complete construction of the new substation; however, it will be allocated different than what was
planned for in the CIP. The table below shows what was planned for in the CIP and what changes to that plan are
if supplemental appropriation and BFO offer are approved.
2022 2023 2024
2021 Capital Improvement Plan $6.649 M $3.761 M
Supplemental Appropriation/Updated BFO offer $2.234 M $0.300 M $7.876 M
The following table shows where L&P reserves are and will be after these supplemental appropriations:
DESCRIPTION TOTAL
2.1
Packet Pg. 38 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
Year-End 2020 Total Reserves $48.7 M
Minimum Required ($8.0 M)
Appropriated ($17.1 M)
Year-End 2020 Reserves Available $23.4 M
2021 Preliminary Additions ~ $19 M
Year-End 2021 Reserves Available ~$42 M
Connexion Funding ($20 M)
Transformers ($3.6 M)
Remaining Reserves ~$18.4 M
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of L&P reserves to procure enough
distribution transformers so that L&P can support new construction and necessary replacements through 2024?
In addition, does Council Finance Committee support an off-cycle appropriation of L&P reserves to begin the
procurement process for two (2) substation transformers that will be used to complete the construction of a
new substation that serves Northeast Fort Collins?
DISCUSSION / NEXT STEPS:
2.1
Packet Pg. 39 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
2.1
Packet Pg. 40 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
On April 14th, we received unanimous support from the Energy Board to move forward with both supplemental
appropriations from reserves.
Julie Pignataro; I am a yes to both – my main concern was the health of the reserves, but I understand why we
need to do this.
Adam Bromley confirmed that the minimum required fund balance is $8M and the remaining available balance
after these appropriations would be $18M
Julie Pignataro; do transformers wear out? Are we replacing them or are these new?
Adam Bromley; they do have useful life and depending on several different factors we do proactively replace
Substation transformers are built, and they have mechanisms in place that help extend their life
They are a high dollar item and are critical
Julie Pignataro; are transformers recyclable?
Adam Bromley; we send them to the company we contract with, and they do all of the necessary recycling and
scraping.
Julie Pignataro; and the cost is fixed when you buy them no matter how long it takes to get here?
Adam Bromley; this is unprecedented in the industry – this specific scenario - once we make that purchase and
we are under contract with the manufacturer the cost is fixed however we could see that shift a bit – they may
come back with some T&Cs saying they might need to change the prices because of the long lead times but we
haven’t seen that play out yet.
Lead times were still relatively short at the end of 2021.
2.1
Packet Pg. 41 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
Lead times went from 10-20 weeks turnaround to 80-90 weeks (3-4 times longer lead time)
Trying to buy more upfront to make sure we have what we need going forward.
Emily Francis; I am a yes to both - this makes sense due to lead times etc.
Have you talked about projecting the use of transformers – our projected use for electrification of homes and
businesses and EV charging
Adam Bromley; we are just starting to understand how that is going to affect our planning and design processes
The transformers will be adequate and we do have the ability to upsize a transformer if we need to - if there is
too much load on a certain area – with electrification we are also looking at trying to shift some of the loads to
different times to even things out so you are not always hitting that transformer with tons of load all at the
same time – spread out throughout the day which will take some planning and technology to do that well.
The transformers we are putting out there are going to be able to handle the electrification, but we are going to
need to update some of our processes.
Emily Francis; what is the life span of a transformer?
Adam Bromley; it can be 40 years, but some are shorter, and some are longer – a lot depends on what happens
in the vault environment – water, loading and other factors impact life span as well. In general, 40 years is
where we are seeing that cut off.
We are trying to integrate what we are seeing with electrification into our planning processes There are some
unknowns as part of that – load factor involved with the new heat pumps – what will EVs look like on the system
–there is some work to do in order to understand what the future looks like and trying to incorporate that into
our planning and designing processes.
Kelly Ohlson; yes and yes – a very thorough presentation
OTHER BUSINESS:
Travis Storin; I did want to highlight following up on the discussion at Council Tuesday evening that the Grocery
Tax Rebate Program is scheduled to come back to this committee in July.
Meeting Adjourned at 5:25 pm
2.1
Packet Pg. 42 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Adam Bromley, Director of Operations & Technology
Kendall Minor, Utilities Executive Director
Lance Smith, Utilities Strategic Finance Director
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for
Purchase of Distribution and Substation Transformers.
EXECUTIVE SUMMARY
The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power reserves
to fund a capital project consisting of the purchase of distribution and substation transformers. Information from
transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and
inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the
number of distribution transformers the City planned to purchase this year or request an additional appropriation
to permit purchase of the expected number of transformers necessary to accommodate new customers and
prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new
development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more
distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available,
likely in late 2023 at the earliest.
In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those
areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation
transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid
waiting to place these orders when additional funds would otherwise become available in early 2023 and should
allow these transformers to be delivered within the next three years given current lead-times.
The total supplemental appropriation being proposed for Council consideration is for $3,666,000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Distribution Transformers
Light & Power (L&P) staff has engaged with the distribution transformer manufacturer industry to better
understand the significant price increases to the transformers that are typically purchased. The main drivers of
the price increases are related to supply chain issues mainly related to shortages and/or significant inflationary
pressures for almost all raw materials used to construct a distribution transformer, including transformer core
steel and aluminum secondary winding supplies. While some manufacturers are better off than others due to
their buying power and existing contracts in these markets, these supply chain issues have far-reaching impacts
to prices, lead times, labor and transportation costs, and production capacity. Recent industry communications
ATTACHMENT 2
COPY2.2
Packet Pg. 43 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation
Agenda Item 6
Item # 6 Page 2
related to supply chain issues suggest that these price increases and extended lead times will endure the short
term (i.e., through 2023) and will likely continue longer term or become permanent.
L&P typically purchases a year’s worth of transformers in advance. L&P uses the economic order quantity
estimating methodology, which considers historical usage data for each stock number along with known future
work order needs, to arrive at the number of transformers to be purchased each year. This methodology works
well when lead times are reasonable (i.e., 10-20 weeks) or if lead time increases gradually. Depending on the
specific transformer design needed, lead times can be approximately three to five times longer than seen in
2021, which does not provide enough time to react adequately. New developments and capital projects are on
the horizon and L&P anticipates that new construction needs will not go away soon. L&P projects its current
stock of distribution transformers may last until the summer or fall of 2023 with intention and judicious use of the
units. Due to the greatly increased lead times on these transformers and to avoid running out of current
transformer stock, L&P needs to order transformers now.
Based on historical usage and projected needs, L&P staff has identified three transformer models (specific size
and type) that are most likely to be needed prior to the end of 2023. Staff intends to use existing appropriated
funds to order the single most used transformer type and size (single phase submersible). The requested
supplemental appropriation will fund an additional quantity of that same transformer type and size, as well as
necessary quantities of the other two high-use transformer models (three phase pad mounted, 75 kVA and 150
kVA). Because L&P relies on existing stock in the other transformer models and will need to stay ahead of the
long lead times moving into the future, orders for all transformer models will need to be placed at the beginning
of 2023 and 2024 to receive those transformers in 2024 and 2025. This will change the estimated budget for
transformers that was originally planned in the Capital Improvement Plan (CIP) and 2023/24 BFO offer. All
changes are shown in the table below.
2022
2022 Transformer Order Total Cost $2.225 M
2022 Transformer Budget $0.793 M
Supplemental Appropriation Request to fulfill Total Cost $1.432 M
2023 2024
Transformer Budget Planned in CIP $1.132 M $1.260 M
Updated BFO Offer for Transformer Budget $4.123 M $3.749 M
Staff has researched and feels confident that these orders, along with the proposed supplemental appropriation
for the identified additional orders, will supplement existing stock levels such that L&P can continue to serve
existing and new development. Staff also has contingency plans in place to ensure delivery of electric service to
new and existing customers due to unexpected circumstances.
Substation Transformers
Anticipated annexations and growth in northeast Fort Collins will require a new substation to supply electric
capacity to new customer loads to avoid overburdening existing substations in surrounding areas. A new
substation will allow L&P to continue operating the system at current substation and feeder design standards,
which guarantee high reliability and stability. Typically, each substation includes two substation power
transformers and substation switchgear. This new substation is a planned in the Capital Improvement Plan (CIP)
and scheduled for the 2023/24 budget cycle.
Staff also reached out to the manufacturer that historically provided substation transformers to L&P and
consulted other industry sources and discovered there are similar supply chain issues affecting substation
transformer manufacturers. While lead times for these transformers are longer than 3 years at this point, prices
do not appear to be increasing in the same manner. To avoid these longer delays for substation transformers,
the proposed supplemental appropriation will facilitate immediate commencement of the procurement process.
COPY2.2
Packet Pg. 44 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation
Agenda Item 6
Item # 6 Page 3
The lead times for substation transformers does change the trajectory of the substation construction schedule
and associated purchases of other high dollar materials (i.e., switchgear). The same amount of capital dollars is
proposed to complete construction of the new substation; however, it will be allocated differently than what was
planned for in the CIP. The table below shows plan reflected in the CIP and the changes to that plan if the
proposed supplemental appropriation and BFO offer are approved.
2022 2023 2024
2021 Capital Improvement Plan $6.649 M $3.761 M
Supplemental Appropriation/Updated BFO offer $2.234 M $0.300 M $7.876 M
CITY FINANCIAL IMPACTS
Staff does not anticipate any negative financial impacts related to the appropriation from L&P reserves, which
will maintain a healthy positive balance after the proposed appropriation. Knowing that future budget cycles will
be impacted by supply chain constraints and significant price increases, Utilities’ leadership will continue to refine
anticipated capital investment needs and escalating operating costs, and balance those needs with future rate
adjustments and debt issuances.
The following table shows the approximate impacts to L&P reserves after the proposed appropriation:
Description 0BTotal $
Year-End 2020 Total Reserves $48.7 M
Minimum Required ($8.0 M)
Currently Appropriated ($17.1 M)
Year-End 2020 Reserves Available $23.4 M
2021 Preliminary Additions ~$19 M
Year-End 2021 Reserves Available ~$42 M
Connexion Funding ($20 M)
Distribution & Substation Transformers ($3.7 M)
Remaining Reserves ~$18.3 M
BOARD / COMMISSION RECOMMENDATION
Staff presented this request to Council Finance Committee on May 5, 2022.
Staff also presented the proposed supplemental appropriation to the Energy Board at its regular meeting on April
14, 2022. The Board voted unanimously to support the supplemental appropriation of L&P reserves.
(Attachment 1) Adoption of these minutes is anticipated at the regular Board meeting on May 12, 2022.
ATTACHMENTS
1. Energy Board (excerpt) (PDF) COPY2.2
Packet Pg. 45 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation
-1-
ORDINANCE NO. 058, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT & POWER FUND FOR
PURCHASE OF DISTRIBUTION AND SUBSTATION TRANSFORMERS
WHEREAS, the budget needs for Electric Utility Distribution System infrastructure
replacement projects requested in the 2022 Budgeting for Outcomes (BFO) process included all
known capital projects at that time; and
WHEREAS, recent changes in supply markets and increased load growth create a need for
the Electric Utility to accelerate orders for replacement distribution and substation infrastructure;
and
WHEREAS, the current funding shortfall between the approved Electric Distribution
System infrastructure replacement projects requested in the 2022 BFO process and currently
identified needs is due to unanticipated load growth-related projects, escalating materials and
construction costs, and significantly longer manufacturer order fulfillment lead times; and
WHEREAS, this Ordinance appropriates $3,666,000 from the (Electric Utility Enterprise)
Light & Power Fund reserves to be spent in the Electric Distribution System Replacement project
to accelerate ordering of planned replacement distribution and substation transformers to address
current and emerging market conditions that may compromise replacement schedules or delay
planned expansion projects; and
WHEREAS, this supplemental appropriation benefits the public health, safety and welfare
of the residents of Fort Collins and benefits Electric Utility ratepayers by proactively ordering
stock for use in completing scheduled and emerging replacement of high-use infrastructure and
installation of new substation facilities in growth areas in order to maintain reliability and reduce
outage frequency; and
WHEREAS, Utilities staff believes proactively placing orders for such equipment earlier
than initially planned will capture currently lower supply and construction costs than those
anticipated in coming budget cycles and accommodate longer market order lead times, allowing
Utility Services to receive such equipment by planned replacement or installation dates and
maintain its high service standards; and
WHEREAS, in 1995, the City Council adopted Article XII of City Code Chapter 23 to
establish a program to acquire, exhibit and maintain art in public places to be funded by including
in the Council’s appropriations for certain capital projects an amount equal to 1% of the
construction costs for those projects, but this contribution amount for the City’s utilities is limited
to a total annual contribution amount of 0.5% of each utility’s “budgeted operating revenue” (the
“APP Ordinance”); and
WHEREAS, contributions to art in public places for each utility are kept and spent in such
utility’s own enterprise fund, with the exception of maintenance, administration, repair and display
costs pursuant to City Code Section 23-303; and
2.3
Packet Pg. 46 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers)
-2-
WHEREAS, this supplemental appropriation does not require a contribution for art in
public places under the APP Ordinance, as distribution and substation transformers are
traditionally capitalized at the time of purchase as “operation and maintenance” expenses for
Utility facilities, rather than when they are placed into service, even if they become components
of capital projects; therefore, purchase of such equipment is exempt from the contribution
requirements of the APP Ordinance; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations 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 Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to be received
in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the capital
project consisting of the purchase of distribution and substation transformers as an appropriation
that shall not lapse until the completion of the project.
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 Light &
Power Fund the sum of THREE MILLION SIX HUNDRED SIXTY-SIX THOUSAND
DOLLARS ($3,666,000) to be expended in the Light & Power Fund for the capital project
consisting of the purchase of distribution and substation transformers.
Section 3. That the appropriation herein for the capital project consisting of the
purchase of distribution and substation transformers is hereby designated, as authorized in Article
V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal
year but continue until the completion of the project.
2.3
Packet Pg. 47 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers)
-3-
Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 7th day of June, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.3
Packet Pg. 48 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City
Give for The Gardens on Spring Creek.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in
philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as
designated by the donor and community partner, The Friends of the Gardens on Spring Creek.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
2. Ordinance No. 059, 2022 (PDF)
3
Packet Pg. 49
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Nina Bodenhamer, City Give Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give
for The Gardens on Spring Creek.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services Fund for The
Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends
of the Gardens on Spring Creek.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City values the generosity and passion of nonprofit partners such as The Friends of the Gardens on Spring
Creek that provide valuable assistance in public outreach, fundraising, and support for the City’s mission. In
recognition of their commitment, the City commits to manage and properly expend charitable funds raised by
The Friends of the Gardens in the same manner as if the funds were raised by the City itself.
For over 30 years, The Friends of the Gardens on Spring Creek has fostered community support for the services
and programs of The Gardens through stewardship, time, passion, fundraising, membership programs and
advocacy. Their mission is to cultivate a world-class botanic garden through fundraising and advocacy and raised
the $55,000 in philanthropic support from community givers on behalf of The Gardens on Spring Creek.
This award of $55,000 is above and beyond The Friends of the Gardens 2022 pledge of $150,000 in support of
operations and the Butterfly Pavilion. The partnership is guided by an annual Memo of Understanding that
facilitates the transfer of funds raised via membership to The Gardens on Spring Creeks, and fundraising and
event revenue cultivated on behalf of The Gardens.
The Friends of The Gardens is an independent 501(c)(3) organization with an active membership of over 3,000
and is governed by a Board of seven passionate volunteers. More information can be found at:
www.friendsgosc.org.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $55,000 of unanticipated philanthropic revenue for The Gardens on Spring Creek
in the Cultural Services Fund for the designated purpose to support operations.
The funds have been received and accepted per City Give Administrative and Financial Policy.
ATTACHMENT 1
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ORDINANCE NO. 059, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR
THE GARDENS ON SPRING CREEK
WHEREAS, The Friends of the Gardens on Spring Creek (“Friends”) is an independent,
not-for-profit 501(c)(3) organization established in 1988 whose mission is to support the general
operating costs of the Gardens on Spring Creek through advocacy, community engagement,
volunteerism, and fundraising; and
WHEREAS, Friends has raised $55,000, which it desires to donate to the City through City
Give to support operations of the Gardens on Spring Creek; and
WHEREAS, the City desires to accept this philanthropic donation and pledges to manage
and expend such funds for the benefit of the Gardens on Spring Creek as though the funds were
raised by the City itself; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of funding the Gardens on Spring Creek; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Cultural Services Fund and will not cause the total amount appropriated in the Cultural Services
Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be
received in this 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 new philanthropic revenue in the
Cultural Services Fund the sum of FIFTY-FIVE THOUSAND DOLLARS ($55,000) to be
expended in the Cultural Services Fund for the Gardens on Spring Creek.
Introduced, considered favorably on first reading, and ordered published this 17th day of,
May A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
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______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Derek Bergsten, PFA Fire Chief
Jerry Howell, Fire Marshall
Sarah Carter, Asst. Fire Marshall
Aaron Guin, Legal
SUBJECT
Items Relating to the 2021 International Fire Code.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort
Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021
International Fire Code, with Amendments.
B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-
173 Related to the Adoption of the 2021 International Fire Code, with Amendments.
These Ordinances, unanimously adopted on First Reading on May 17, 2022, repeals the 2018 International
Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code
Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has
reviewed and approved this code package and is requesting the code be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or
by delegation, Fire Marshall) shall be heard by the Fort Collins Building R eview Commission acting as the Fire
Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code
Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in
the 2021 IFC.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
2. Ordinance No. 060, 2022 (PDF)
3. Ordinance No. 064, 2022 (PDF)
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Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Derek Bergsten, PFA Fire Chief
Jerry Howell, Fire Marshall
Sarah Carter, Asst. Fire Marshall
Aaron Guin, Legal
SUBJECT
Items Relating to the 2021 International Fire Code.
EXECUTIVE SUMMARY
A.First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins
for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire
Code, with Amendments. (This ordinance was edited to correct formatting issues with no change to
content.)
B.First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-173
Related to the Adoption of the 2021 International Fire Code, with Amendments.
The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International Fire Code
(“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three
years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is
requesting the code be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by
delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission acting as the Fire
Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code
Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the
2021 IFC.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC in the City of Fort
Collins, Town of Timnath and unincorporated areas of Larimer and Weld Counties within the Poudre Valley Fire
Protection District boundaries. Every three years, the IFC is updated by the ICC with the most recent update
having been published in 2021. PFA routinely reviews new codes, proposes local amendments, and then seeks
adoption of IFC changes and local amendments by Council.
The proposed local amendments, developed in conjunction with the Fire Code Review Committee, include
several changes to the local amendments currently in the City Code. There were a few significant changes to
the IFC, including provisions related to the manufacture and storage of distilled spirits, installation and operation
ATTACHMENT 1
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of electric energy storage systems, and retroactive installation of fire suppression systems in high-rise buildings
(with some exceptions). New local amendments were limited and include a change to attic sprinkler coverage in
multifamily dwellings, reducing a previous restriction on aerial access from arterial roads, and modification of
appeal provisions so that a decision of the Fire Board of Appeals (consisting of the City’s Building Review
Commission) could be further appealed to the PFA Board of Directors, rather than Council, since decisions
subject to such appeals are made by the fire code official (Fire Chief, or by delegation, Fire Marshall) employed
by PFA.
At the July 27, 2021, PFA Board meeting, the Board adopted Resolution 21-14, appointing the Fire Code Review
Committee (FCRC). (Attachment 1) This volunteer committee is comprised of community and industry
stakeholders who reviewed the 2021 IFC and proposed local amendments to make a recommendation for
adoption. The FCRC completed their work on Wednesday, December 1, 2021, with a unanimous
recommendation to adopt the 2021 IFC along with the accompanying local amendments. (Attachment 2) At the
February 22, 2022, meeting, the PFA Board unanimously approved the IFC adoption and local amendments.
(Attachment 3)
The purpose of the FCRC is to ensure an inclusive process for code adoption, bringing industry experts and
community stakeholders together to collaboratively guide the language of the adopted code to best serve the
community. The hard work and commitment shown by the FCRC is vital to the success of code adoption and
administration. This collaborative review setting provides a forum for stakeholders to offer valuable insights about
community priorities and concerns, as well as the application of the fire code. During review meetings, the FCRC
takes a close look at changes to the published code, as well as the adopted amendments. Discussions include
industry trends, community feedback, alignment with partner jurisdictions, and lessons learned under the existing
adopted code and amendments.
Since the Fort Collins Building Department adopts many other International Codes, including the International
Building Code, with local amendments, staff has included in the IFC amendments that are relevant to both codes.
Similar processes occur with PFA’s other fire and life safety partners including the Town of Timnath and Larimer
and Weld Counties.
The FCRC reviewed all the proposed changes to the IFC, including proposed changes that ultimately were
adopted as part of the 2021 International Building Code (IBC) by the City of Fort Collins, with local amendments.
Since Chapters 9 (Fire Protection Systems) and 10 (Means of Egress) are the same in the IBC and IFC, it is
essential that local amendments between the IBC and IFC correlate and, as the building department is primarily
tasked with enforcement of Chapters 9 and 10, it makes sense for the IFC to be amended in the same way the
local building official proposed local amendments to the IBC.
The primary goal of the FRFC was to limit the number of local amendments to the code while still providing
comprehensive life safety codes that are clear, relevant, and aligned with current practices. The group was able
to accomplish this and focus the amendments that were brought forward on local community needs.
Items of note for the 2021 IFC (as published) include:
- Adding a new provision requiring fire sprinkler installation in unprotected high-rise buildings with some
exceptions (IFC Section 1103.5.4). A study of PFA’s district determined that this provision would not require
retrofit for sprinklers in any of the existing high-rise buildings, therefore this provision was not amended.
- Adding new requirements for fire sprinklers in all occupancies related to the manufacture and bulk storage
of distilled spirits (IFC Section 903.2.4.2 and 903.2.9.3).
- Adding provisions specific to electric energy storage systems to address the rising popularity of adding
storage capabilities to photovoltaic systems (IFC Section 1207).
- Adding a new Chapter 40, outlining minimum safety requirements for the storage of distilled spirits, beers
and wines not otherwise regulated by Chapters 50 and 57.
Items of note for the 2021 IFC proposed local amendments include:
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• To reduce confusion for designers and ensure appropriate sprinkler coverage without sacrificing the goal of
preventing fire spread through unprotected attics, provisions requiring sprinkler coverage in attics in
multifamily buildings were added to section 903.3.1.2.3 (National Fire Protection Association “NFPA” 13R
systems) in place of requiring sprinkler design in accordance with NFPA 13.
• With the significant increase in popularity of outdoor dining spaces, language regarding fire pits was modified
to specifically include “fire tables” to ensure the safety of diners.
• A previous restriction from using arterial roads to provide required aerial apparatus access was relaxed to
better align with Land Use Code requirements with no reduction in firefighter safety or operational efficiency.
• A table outlining the status of adoption for each IFC appendix was added for quick and easy user reference.
• The Larimer County Urban Area Street Standards (LCUASS) was added as a referenced standard to align
with street design standards used by partner jurisdictions.
The Poudre Valley Fire Protection District (PVFPD) adopted the 2021 IFC at its February 23, 2022, meeting,
covering the unincorporated areas of Larimer and Weld Counties. The PVFPD adoption has been ratified by
Larimer County Commissioners and is currently awaiting ratification by Weld County Commissioners. The Town
of Timnath also is in the process of evaluating the recommended fire code and proposed amendments. The
amendments for these other adoptions are very similar to this amendment package, with the primary differences
being in the correlation of the amendments that were made to the IBC by the other jurisdictions. Additionally, the
restrictions on the sale and possession of fireworks are not part of the PVFPD (Larimer and Weld County)
adoption due to restrictions in Colorado Revised Statutes that limit a fire district’s ability to regulate fireworks.
CITY FINANCIAL IMPACTS
The impact of the changes to the published Code and proposed local amendments includes both increased and
decreased short-term costs of development and construction which are estimated to offset, favoring a decrease.
Neutral to decreased long-term costs coupled with improved opportunity for development are predicted due to
efficiencies created by IFC and Land Use Code alignment.
BOARD / COMMISSION RECOMMENDATION
The Poudre Fire Authority Board of Directors reviewed these amendments at its February 22, 2022, meeting
and unanimously passed Resolution 22-9 recommending adoption of the 2021 IFC, as amended, to the City of
Fort Collins, Town of Timnath and the Poudre Valley Fire Protection District (PVFPD).
Adoption of the 2021 IFC as amended was unanimously recommended by the Fire Code Review Committee
(Attachment 2) and the Poudre Fire Authority Board of Directors (Attachments 3 and 4).
PUBLIC OUTREACH
The Fire Code Review Committee was appointed by the PFA Board of Directors and provides a cross section of
code users and those impacted by the codes. This group met six times and unanimously supported the final
adoption with local amendments. The PFA Board of Directors reviewed, and by resolution, recommended that
the 2021 IFC, as amended, be adopted by the City, the Town of Timnath and the Poudre Valley Fire Protection
District.
ATTACHMENTS
1. Poudre Fire Authority Resolution 21-14 (PDF)
2. Fire Code Committee Minutes, December 1, 2021 (PDF)
3. Poudre Fire Authority Board Minutes, February 22, 2022 (PDF)
4. Poudre Fire Authority Resolution 22-9 (PDF) COPY4.1
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ORDINANCE NO. 060, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF FORT COLLINS FOR
THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL FIRE CODE AND
ADOPTING THE 2021 INTERNATIONAL FIRE CODE, WITH AMENDMENTS
WHEREAS, as early as 1958, the City has reviewed, amended and adopted the
latest nationally recognized fire protection standards available for the times; and
WHEREAS, the City previously adopted the 2018 International Fire Code, with
local amendments, to minimize human suffering and property loss from fire; and
WHEREAS, the 2021 edition of the International Fire Code represents the most
current version now available; and
WHEREAS, a Fire Code Review Committee, formed by the Poudre Fire Authority
(“PFA”) in 2021 for the purpose of reviewing the 2021 International Fire Code, has
recommended unanimously that the jurisdictions being served by PFA adopt the 2021
International Fire Code with certain local amendments tailored to the circumstances in
Fort Collins; and
WHEREAS, the Fire Prevention Bureau staff of the PFA, working in conjunction
with the Fire Code Review Committee, also has reviewed the 2021 International Fire Code
and the local amendments proposed by the Committee and has recommended that the
jurisdictions being served by the PFA adopt the 2021 International Fire Code with the
local amendments; and
WHEREAS, at its meeting on February 22, 2022, the PFA Board of Directors
approved Resolution 22-9 recommending that the 2021 International Fire Code with local
amendments be adopted by those jurisdictions being served by PFA; and
WHEREAS, the City Council has determined that it is in the best interests of the
health, safety, and welfare of the City and its citizens that the 2021 International Fire Code,
in substantially the form recommended by the Fire Code Review Committee and the PFA
staff, be adopted, with local amendments as set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter Article II, Section 7, City Council may
enact any ordinance which adopts a code by reference in whole or in part provided that
before adoption of such ordinance the Council hold a public hearing thereon and that notice
of the hearing shall be published twice in a newspaper of general circulation published in
the City, with one of such publications occurring at least eight (8) days preceding the
hearing and the other publication occurring at least fifteen (15) days preceding the hearing;
and
WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk
published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the
2021 International Fire Code on May 1, 2022, and May 8, 2022; and
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WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the
Notice of Public Hearing dated May 1, 2022, that was so published and which the Council
hereby finds meets the requirements of Article II, Section 7 of the City Charter.
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. The City Council hereby repeals the 2018 International Fire Code
(“IFC”) and hereby adopts the 2021 IFC as amended by this Ordinance.
Section 3. That Section 9-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Section 9-1. Adoption of the International Fire Code, 2021 Edition.
Pursuant to the authority conferred by Article II, Section 7 of the Charter and by
Section 31-16-201 et seq., C.R.S., there is hereby adopted by reference as the fire
code of the City, for the purposes of safeguarding of life and property from fire and
explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property
in the occupancy of buildings and premises, the International Fire Code, 2021
Edition, as promulgated by the International Code Council (hereafter, “this code”
or “this fire code”). Except as to any portion of this fire code that is herein after
added to, deleted, modified or amended in this Chapter, this fire code shall include
all articles and appendices in the International Fire Code, 2021 Edition. Not less
than three (3) copies of this fire code shall be on file in the office of the Fire Marshal
and may be inspected at regular business hours and purchased from the Fire
Prevention Bureau at a price not to exceed one hundred dollars ($100.00) per copy.
The provisions of this fire code shall be controlling within the limits of the City of
Fort Collins.
Section 4. That Section 9-2 of the Code of the City of Fort Collins is hereby
repealed and reenacted to read as follows:
Section 9-2 Amendments and deletions to the 2021 International Fire Code.
The 2021 International Fire Code adopted in §9-1 is hereby amended to read as
follows:
1. Section 101.1 Title is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Fort
Collins, hereinafter referred to as “this code.”
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2. Section 103.1 Creation of Agency is hereby deleted in its entirety and replaced with
the following:
103.1 Creation of Agency. Pursuant to Section 1.2 of the July 15, 2014,
Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or “fire
department”), the City has granted the Poudre Fire Authority the power and authority
to enforce this code and PFA’s Fire Chief, directly or through delegation to the PFA
Marshal, shall be known as the fire code official. The function of the agency shall be
the implementation, administration, and enforcement of the provisions of this code.
3. Section 104.7 Liability is hereby amended to read as follows:
104.7 Liability. The fire code official, member of the board of appeals, officer or
employee charged with the enforcement of this code, while acting for the jurisdiction,
in good faith and without malice in the discharge of the duties required by this code or
other pertinent law or ordinance, shall not thereby be rendered civilly or criminally
liable personally, and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act or by reason of an act or omission
in the discharge of official duties, unless such act or omission is determined by a Court
of competent jurisdiction to be willful and wanton, as provided in the Colorado
Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.
4. Section 104.7.1 Legal defense is hereby amended to read as follows:
104.7.1 Legal defense. Any suit or criminal complaint instituted against any PFA
officer or employee because of an act or omission performed by that officer or
employee in the lawful discharge of duties and under the provisions of this code, unless
such act or omission is determined by a Court of competent jurisdiction to be willful
and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10-
101, et seq., C.R.S., shall be defended by PFA’s legal representative until the final
termination of the proceedings. The fire code official or any subordinate shall not be
liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this code; and any officer of the fire prevention bureau, acting in good
faith and without malice, shall be free from liability for acts performed under any of its
provisions or because of any act or omission in the performance of official duties in
connection therewith.
5. Section 111.1 Board of Appeals established is hereby amended to read as follows:
111.1 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application
and interpretation of this code, there shall be and is hereby created a board of appeals
to be known as the Fire Board of Appeals. The members of the City of Fort Collins
Building Review Commission, as appointed from time to time, shall constitute the Fire
Board of Appeals. The fire code official shall be an ex officio member of said board
but shall have no vote on any matter before the board. The board shall adopt rules of
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procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the fire code official. Application for
an appeal and all process and procedures for an appeal shall be as stipulated in Section
113 of the International Building Code, as amended and adopted by the City of Fort
Collins.
6. Section 111.3 Qualifications is hereby deleted in its entirety.
7. Section 112.4 Violation penalties is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of
the fire code official, or of a permit or certificate used under provisions of this code,
commits a civil infraction or misdemeanor, and upon conviction shall be subject to the
provisions of Section l-15 of the City Code. Each day that a violation continues is
deemed a separate offense.
8. A new Section 112.5 Work commencing before permit issuance is hereby added to
read as follows:
112.5 Work commencing before permit issuance. In addition to penalties set forth in
Section 112.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, fire protection
system, fire alarm system, fire extinguishing system that is not otherwise exempted
from obtaining a permit, may be subject to a stop work order and a work without permit
fee in addition to the required permit fee as established by the fire code official.
9. A new SECTION 115 REPORTING OF EMERGENCIES AND FALSE
ALARMS is hereby added to read as follows:
SECTION 115
REPORTING OF EMERGENCIES AND FALSE ALARMS
115.1 General. Reporting of emergencies, fires and hazardous materials releases shall
be in accordance with Section 115.
115.2 Reporting Emergencies. In the event a fire occurs or upon the discovery of a
fire, smoke, or unauthorized release of flammable, combustible, or hazardous materials
on any property, the owner, the owner’s authorized representative, or the occupant
shall, without delay, report such condition to the fire department.
115.3 False Alarms. False alarms shall not be given, signaled, or transmitted or caused
or permitted to be given, signaled, or transmitted in any manner.
10. SECTION 202 DEFINITIONS is hereby amended to modify, or add, in alphabetical
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order, the following definitions:
BARREL. A charred wooden process vessel made of bent staves held together with
steel hoops, with the greatest diameter being at the center of the staves, known as the
“bilge.” The ends, known as “heads,” are flat, and the rim formed by staves overlapping
the heads is known as the “chime.”
CASK. See “Barrel.”
DWELLING. A building used exclusively for residential occupancy and for permitted
accessory uses, including single-family dwellings, two-family dwellings and multi-
family dwellings. The term dwelling shall not include hotels, motels, homeless shelters,
seasonal overflow shelters, tents or other structures designed or used primarily for
temporary occupancy. Any dwelling shall be deemed to be a principal building.
DWELLING UNIT. One or more rooms and a single kitchen and at least one
bathroom, designed, occupied or intended for occupancy as separate quarters for the
exclusive use of a single family for living, cooking and sanitary purposes, located in a
single-family, two-family or multi-family dwelling, or mixed-use building.
PUZZLE ROOM. A puzzle room is a type of special amusement area as defined in
the Building Code of the City of Fort Collins, in which occupants are encouraged to
solve a challenge to escape from a room or series of rooms.
ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot,
mattress, convertible sofa or other similar furnishing used for sleeping purposes shall
be prima facie evidence that such space or room is a sleeping room. The presence of
closets or similar storage facilities shall not be considered relevant factors in
determining whether or not a room is a sleeping room.
TOWNHOUSE. A single-family dwelling unit constructed as part of a group of two
or more attached individual dwelling units, each of which is separated from the other
from the foundation to the roof and is located entirely on a separately recorded and
platted parcel of land (site) bounded by property lines, which parcel is deeded
exclusively for such single-family dwelling.
11. A new Section 307.2.2 Time and Atmospheric Restrictions is hereby added to read
as follows:
307.2.2 Time and Atmospheric Restrictions. Open burning shall be performed only
when time and atmospheric conditions comply with the limits set forth in the Open
Burning Permit.
12. Section 307.4.1 Bonfires is hereby deleted in its entirety and replaced with the
following:
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307.4.1 Bonfires. Bonfires are prohibited unless specifically approved and permitted
by the fire code official.
13. Section 307.4.2 Recreational Fires is hereby deleted in its entirety and replaced with
the following:
307.4.2 Recreational fires. Recreational fires are prohibited.
Exception: Recreational fires may be conducted at campgrounds, open camping
areas, parks, open lands or similar areas in accordance with the rules and restrictions
set forth by the authority having jurisdiction at such locations, provided that such
fires do not have a fuel area that exceeds 2 feet in height and are not conducted
within 25 feet of a structure or combustible material.
14. Section 307.4.3 Portable outdoor fireplaces is hereby deleted in its entirety and
replaced with the following:
307.4.3 Portable and Fixed Outdoor Fireplaces. Portable and fixed outdoor
fireplaces, including fire tables, shall be used in accordance with the manufacturer’s
instructions. Outdoor fireplaces for public use must be listed for commercial use.
Outdoor fireplaces shall not be placed closer to combustible materials than what is
stated in the manufacturer’s instructions. If the manufacturer’s instructions are not
available or do not establish a distance, outdoor fireplaces shall not be operated within
15 feet (4572 mm) of a combustible structure or combustible material. Outdoor
fireplaces shall not be operated underneath a combustible structure of any type.
Outdoor fireplaces shall be gas or liquid-fueled unless otherwise approved by the fire
code official.
Exception: Outdoor fireplaces at one and two-family dwellings may use approved
solid fuels.
15. Section 308.1.6.3 Sky lanterns is hereby amended to read as follows:
308.1.6.3 Sky lanterns. The use of sky lanterns, tethered or untethered, is prohibited.
16. Section 503.1 Where required is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained
in accordance with Sections 503.1.1 through 503.1.3 and Appendix D Fire Apparatus
Access Roads.
17. Section 503.2 Specifications is hereby amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8 and Appendix D Fire Apparatus
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Access Roads.
18. Section 503.2.1 Dimensions is hereby amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of
not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security
gates in accordance with Section 503.6, and an unobstructed vertical clearance of not
less than 14 feet (4267 mm).
19. Section 503.2.4 Turning Radius is hereby amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road
shall be 25 feet (7.6 m) inside radius and 50 feet (15.2 m) outside radius.
20. Section 503.2.7 Grade is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall not exceed 10 percent
in grade.
Exception: Where approved by the fire code official, grades steeper than 10 percent
due to geographic or location conditions may be permitted.
21. Section 503.2.8 Angles of approach and departure is hereby amended to read as
follows:
503.2.8 Angles of approach and departure. The angles of approach and departure
when entering or exiting fire apparatus access roads shall not exceed a 10 percent angle
of approach or departure.
22. Section 503.6 Security gates is hereby amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access
road shall be approved by the fire code official. Where security gates are installed, they
shall have an approved means of emergency operation and shall comply with the
requirements of Appendix D 103.6.
23. Section 505.1 Address identification is hereby amended to read as follows:
Section 505.1 Address identification. New and existing buildings or facilities shall be
provided with approved address identification. The address identification shall be
legible and placed in a position that is visible from the street or road fronting the
property. Address identification characters shall contrast with their background.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be
spelled out. Address identification shall be maintained.
24. A new Section 505.1.1 Address assignment and standards is hereby added to read
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as follows:
505.1.1 Address assignment and standards. Addresses shall be assigned by the
governmental entity having jurisdiction (Fort Collins, Timnath, or Larimer County)
and shall comply with the Larimer County Street Naming and Addressing Standards
as contained in the Larimer County Urban Area Street Standards.
25. A new Section 505.1.2 Location and size is hereby added to read as follows:
505.1.2 Location and size. The address numbers and letters for any commercial or
industrial buildings shall be placed at a height to be clearly visible from the street. The
minimum height and stroke shall be in accordance with Table 505.1.2.
A new TABLE 505.1.2 Location and size is hereby added to read as follows:
TABLE 505.1.2
LOCATION AND SIZE
1 8 in.– 12 in. numbers shall be a minimum 1 in. stroke
2 13 in.– 20 in. numbers shall be a minimum 1 ½ in. stroke
3 21 in. and larger shall have proportional strokes to ensure visibility
26. A new Section 505.1.3 Posting on one- and two-family dwellings is hereby added to
read as follows:
505.1.3 Posting on one- and two-family dwellings. The address numbers and letters
for one- and two-family dwellings shall be a minimum of four inches in height with
a minimum ½ inch stroke and shall be posted on a contrasting background. If bronze
or brass numerals are used, they shall only be posted on a black background for
visibility.
27. A new Section 505.1.4 Monument signs is hereby added to read as follows:
505.1.4 Monument signs. Monument signs may be used in lieu of address numbers
and letters on the building as approved by the fire code official.
28. A new Section 505.1.5 Unit identifiers is hereby added to read as follows:
Distance from street curb to building Letter/number height
1 – 100 feet 8 inches1
101 – 150 feet 10 inches1
151 – 200 feet 12 inches1
201 – 350 feet 14 inches2
351 – 500 feet 16 inches2
501 – 700 feet 20 inches2
In excess of 700 feet As approved by the Fire Code
Official3
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505.1.5 Unit identifiers. Buildings with multiple suites, apartments or units shall have
the individual suites, apartments or units provided with individual identification
numbers in sequential order.
1. Suite identifiers accessed from the exterior of the building shall be a minimum
of four inches in height with a minimum ½ inch stroke.
2. Suite identifiers accessed from the interior of the building shall be a minimum
of two inches in height with a minimum ¼ inch stroke.
3. Suites, apartments, or units located on the first floor shall be identified by numbers
within the 100 or 1000 range or series; Suites, apartments or units located on the second
floor shall be identified by numbers within the 200 or 2000 range or series; Suites,
apartments or units located on the third floor shall be identified by numbers within the
300 or 3000 range or series. Higher floors shall follow this same numbering sequence.
29. A new Section 505.1.6 Multiple address postings is hereby added to read as follows:
505.1.6 Multiple address postings. Buildings, either individually or part of a multi-
building complex, that have emergency access lanes on sides other than on the
addressed street side, shall have the address numbers and street name on each side that
fronts a fire lane. Buildings that are addressed on one street but are accessible from
another street, shall have the address numbers and street name on each side that is
adjacent to another street.
30. A new Section 505.1.7 Interior wayfinding is hereby added to read as follows:
505.1.7 Interior wayfinding. Approved wayfinding signage shall be posted in
conspicuous locations within buildings to provide clear direction to locate any suite,
apartment, or unit within the building. Interior wayfinding signage shall be a minimum
of two inches in height with a minimum ¼ inch stroke.
31. A new Section 505.1.8 Exterior wayfinding is hereby added to read as follows:
505.1.8 Exterior wayfinding. Multiple-building complexes must have approved
signage as needed to direct first responders to individual buildings.
32. A new Section 505.1.9 Campus addressing is hereby added to read as follows:
505.1.9 Campus addressing. Multiple-building complexes that have a single street
address for the entire complex shall utilize alpha or numeric characters to identify the
individual buildings. Such identification shall be assigned to the buildings in a
sequential order following a clockwise direction starting at the main entrance to the
complex.
33. Section 507.2 Type of water supply is hereby amended to read as follows:
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507.2 Type of water supply. A water supply shall consist of pressure tanks, elevated
tanks, water mains or other fixed systems capable of providing the required sustainable
fire flow.
34. Section 507.5 Fire hydrant systems is hereby amended to read as follows:
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1
through 507.5.6 and Appendix C Fire Hydrant Locations and Distribution.
35. Section 507.5.1 Where required is hereby amended to read as follows:
507.5.1 Where required. Where a facility or building or portion thereof is hereafter
constructed or moved into or within the jurisdiction is more than 300 feet (91 m) from
a hydrant on a fire apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrants and mains shall be provided
where required by the fire code official.
Exceptions:
For Group R-3 one and two-family dwellings and Group U occupancies, the
distance requirement shall be 400 feet (121 m).
36. A new Section 606.5 Solid fuel-fired cooking appliances is hereby added to read as
follows:
606.5 Solid fuel-fired cooking appliances. Solid fuel-fired commercial cooking
appliances shall comply with applicable provisions of National Fire Protection
Association (NFPA) 96.
37. Section 901.4.7.1 Access is hereby amended to read as follows:
901.4.7.1 Access. Automatic sprinkler system risers, fire pumps and controllers shall
be provided with ready access. Where located in a fire pump room or automatic
sprinkler system riser room, the door shall be permitted to be locked provided that the
key is available at all times. The clear door opening shall be 32 inches wide and 80
inches high, or a size large enough to accommodate the largest piece of equipment,
whichever is larger.
38. Section 903.2.1.1 Group A-1 is hereby amended to read as follows:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout
stories containing Group A-1 occupancies and throughout all stories from the Group
A-1 occupancy to and including the levels of exit discharge serving that occupancy
where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
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2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
4. The fire area contains a multiple-theater complex.
39. Section 903.2.1.3 Group A-3 is hereby amended to read as follows:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout
stories containing Group A-3 occupancies and throughout all stories from the Group
A-3 occupancy to and including the levels of exit discharge serving that occupancy
where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
40. Section 903.2.1.4 Group A-4 is hereby amended to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout
stories containing Group A-4 occupancies and throughout all stories from the Group
A-4 occupancy to and including the levels of exit discharge serving that occupancy
where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
41. A new Section 903.2.1.8 Group B is hereby added to read as follows:
903.2.1.8 Group B. An automatic sprinkler system shall be provided for fire areas
containing Group B occupancies where the fire area exceeds 5,000 square feet (464.5
m2).
42. Section 903.2.3 Group E is hereby amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E
occupancies as follows:
1. Throughout all Group E fire areas greater than 5,000 square feet (464.5 m2).
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2. The Group E fire area is located on a floor other than a level of exit discharge
serving such occupancies.
Exception: In buildings where every classroom has not fewer than one
exterior exit door at ground level, an automatic sprinkler system is not
required in any area below the lowest level of exit discharge serving that
area.
3. The Group E fire area has an occupant load of 300 or more.
43. Section 903.2.4 Group F-1 is hereby amended to read as follows:
903.2.4 Groups F-1 and F-2. An automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 or F-2 occupancy where one of the
following conditions exists:
1. A Group F-1 or F-2 fire area exceeds 5,000 square feet (464.5 m2).
2. A Group F-1 or F-2 fire area is located more than three stories above grade
plane.
3. The combined area of all Group F-1 or F-2 fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m2).
44. Section 903.2.6 Group I is hereby amended to read as follows:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout
buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system is not required where Group I-4 day care
facilities are at the level of exit discharge and where every room where care
is provided has not fewer than one exterior exit door and the fire area does
not exceed 5,000 square feet (464.5 m2).
2. In buildings where Group I-4 day care is provided on levels other than the
level of exit discharge, an automatic sprinkler system in accordance with
Section 903.3.1.1 shall be installed on the entire floor where care is
provided, all floors between the level of care and the level of exit discharge
and all floors below the level of exit discharge other than areas classified as
an open parking garage.
45. Section 903.2.7 Group M is hereby amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout
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buildings containing a Group M occupancy where one of the following conditions
exists:
1. A Group M fire area exceeds 5,000 square feet (464.5 m2).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m2).
46. Section 903.2.9 Group S-1 is hereby amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 5,000 square feet (464.5 m2).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 5,000 square feet (464.5 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles where
the fire area exceeds 5,000 square feet (464.5 m2).
47. Section 903.2.9.1 Repair garages is hereby amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout
all buildings used as repair garages in accordance with Section 406.8 of the
International Building Code, as shown:
1. Buildings having two or more stories above grade plane, including basements,
with a fire area containing a repair garage exceeding 5,000 square feet (464.5
m2).
2. Buildings not more than one story above grade plane, with a fire area
containing a repair garage exceeding 5,000 square feet (464.5 m2).
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles where
the fire area exceeds 5,000 square feet (464 m2).
48. Section 903.2.10 Group S-2 enclosed parking garages is hereby amended to read as
follows:
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903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-2 occupancy where any of the following conditions
exists:
1. A Group S-2 fire area exceeds 5,000 square feet (464.5 m²).
2. Where the enclosed parking garage, in accordance with Section 406.6 of the
International Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section
406.5 of the International Building Code, exceeds 48,000 square feet (4460 m2).
4. A Group S-2 fire area is located more than three stories above grade plane.
49. Section 903.2.11.1.3 Basements is hereby amended to read as follows:
903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet
(22 860 mm) from openings required by Section 903.2.11.1, the basement shall be
equipped throughout with an approved automatic sprinkler system.
50. Section 903.3.1.2.3 Attics is hereby amended only to add numbered item 5 and its
Exceptions to read as follows:
. . .
5. In buildings containing dwelling or sleeping units.
Exceptions (to item 5 only):
1. Buildings that do not contain more than 6 individual dwelling units or
sleeping units and the units are separated from each other with a 1-hour
fire barrier.
2. Buildings that do not contain more than 12 individual dwelling units or
sleeping units and is divided into no more than 6 individual dwellings
units (complying with number 1 above) by a minimum 2-hour fire wall.
3. Buildings containing only Group R-3 occupancy.
51. A new Section 903.3.1.4 Core and shell buildings is hereby added to read as follows:
Section 903.3.1.4 Core and shell buildings. Automatic fire sprinkler systems in
buildings constructed to house future tenant spaces that are not assigned an occupancy
shall have minimum hazard classification of Ordinary Hazard 2 in accordance with
NFPA 13.
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52. Section 907.2.11 Single-and multiple-station smoke alarms is amended to read as
follows:
907.2.11 Single- and multiple-stations smoke alarms. Listed single- and multiple-
station smoke alarms complying with UL 217 shall be installed in accordance with
Sections 907.2.11.1 through 907.2.11.7 and NFPA 72. Where one or more sleeping
rooms are added or created in existing Group R Occupancies, the entire building shall
be provided with smoke detectors located and installed as required for new Group R
Occupancies described herein.
53. A new Section 907.8.5 Excessive false alarms is hereby added, to read as follows:
907.8.5 Excessive false alarms. An excessive number of false alarms shall be defined
as two (2) alarm activations for a fire alarm system within a sixty (60) day period,
provided that any such activations are not the result of a cause reasonably beyond the
control of the owner, tenant, or operator of the building. In the event of an excessive
number of false alarms, the fire code official may order the building owner, tenant,
operator of the building or party responsible for the building to take reasonable actions
necessary to prevent false alarms. These actions may include repair or replacement of
the faulty alarm components, addition of tamper proof devices, modification of system
design and repair of other building components which affect alarm system
performance. The fire code official also may require the building owner, tenant,
operator of the building or party responsible for the building to obtain an approved
maintenance contract with a qualified fire alarm maintenance technician as required by
NFPA 72 to provide continuous maintenance service of the system.
54. A new SECTION 918 EMERGENCY RESPONDER COMMUNICATION
COVERAGE is hereby added, to read as follows:
SECTION 918
EMERGENCY RESPONDER COMMUNICATION COVERAGE
918.1 General. In-building two-way emergency responder communication
coverage shall be provided in all new buildings in accordance with Section 510.
55. Section 1010.1.4 Floor elevation is amended to read as follows:
1010.1.4 Floor elevation. There shall be a floor or landing on each side of a door. Such
floor or landing shall be at the same elevation on each side of the door. Landings shall
be level except for exterior landings, which are permitted to have a slope not to exceed
0.25 unit vertical in 12 units horizontal (2-percent slope). All exterior steps, slabs,
walks, decks and patios serving as exterior door landings or exterior stairs shall be
adequately and permanently secured in place by approved methods to prevent such
landings or stairs from being undermined or subject to significant displacement due to
improper placement of supporting backfill or due to inadequate anchoring methods.
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Exceptions:
1. At doors serving individual dwelling units or sleeping units in Groups R-2
and R-3, a door is permitted to open at the top step of an interior flight of
stairs, provided that the door does not swing over the top step.
2. At exterior doors serving Groups F, H, R-2 and S and where such doors are
not part of an accessible route, the landing at an exterior door shall be not
more than 7 inches (178 mm) below the landing on the egress side of the
door, provided that the door, other than an exterior storm or screen door,
does not swing over the landing.
3. At exterior doors serving Group U and individual dwelling units and
sleeping units in Groups R-2 and R-3, and where such units are not required
to be Accessible units, Type A units or Type B units, the landing at an
exterior doorway shall be not more than 7¾ inches (197 mm) below the
landing on the egress side of the door. Such doors, including storm or screen
doors, shall be permitted to swing over either landing.
4. Variations in elevation due to differences in finish materials, but not more
than ½ inch (12.7 mm).
5. Exterior decks, patios or balconies that are part of Type B dwelling units or
sleeping units, that have impervious surfaces and that are not more than 4
inches (102 mm) below the finished floor level of the adjacent interior space
of the dwelling unit or sleeping unit.
6. Doors serving equipment spaces not required to be accessible in accordance
with Section 1103.2.9 of the International Building Code and serving an
occupant load of five or less shall be permitted to have a landing on one
side to be not more than 7 inches (178 mm) above or below the landing on
the egress side of the door.
7. Exterior doors serving individual dwelling units, other than the main
entrance door to a dwelling unit, may open at one intervening exterior step
that is equally spaced between the interior floor level above and exterior
landing below, provided that the step has a minimum tread depth of 12
inches (30.48 cm), a maximum riser height of 7¾ inches (19.68 cm), and a
minimum width equal to the door width and, provided further that the door
does not swing over the step.
56. Section 1011.11 Handrails is hereby amended only as to the first paragraph to read as
follows:
1011.11 Handrails. Flights of stairways of more than one riser shall have handrails on
each side and shall comply with Section 1014. Where glass is used to provide the
handrail, the handrail also shall comply with Section 2407 of the International
Building Code.
. . .
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57. Section 1015.8 Window openings is hereby amended to read as follows:
1015.8 Window openings. Windows in Group R-2 and R-3 buildings including
dwelling units, where the clear opening top of the sill of an operable window opening
is located less than 24 inches (610 mm) above the finished floor and more than 72
inches (1829 mm) above the finished grade or other surface below on the exterior of
the building, shall comply with one of the following:
1. Operable windows where the top of the sill of the opening is located more than
75 feet (22 860 mm) above the finished grade or other surface below and that
are provided with window fall prevention devices that comply with ASTM
F2006.
2. Operable windows where the openings will not allow a 4-inch-diameter (102
mm) sphere to pass through the opening when the window is in its largest
opened position.
3. Operable windows where the openings are provided with window fall
prevention devices that comply with ASTM F2090.
4. Operable windows that are provided with window opening control devices that
comply with Section 1015.8.1.
58. A new Section 1015.9 Below grade openings is hereby added to read as follows:
1015.9 Below grade openings. All area wells, stair wells, window wells and light
wells attached to any building that are located less than 36 inches from the nearest
intended walking surface and deeper than 30 inches below the surrounding ground level
shall have guards or approved covers for fall protection.
59. Section 1031.2 Where required is hereby amended only as to Exceptions numbered
items 1 and 5 to read as follows:
. . .
Exceptions:
1. Basements with a ceiling height of less than 72 inches (1828.8 mm) and that
do not contain habitable space, shall not be required to have emergency
escape and rescue openings.
. . .
5. Within individual dwelling and sleeping units in Groups R-2 and R-3, where
the building is equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, sleeping rooms
in basements shall not be required to have emergency escape and rescue
openings provided that the basement has one of the following:
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5.1. One means of egress and one emergency escape and rescue
opening.
5.2. Two means of egress.
60. A new Section 1031.3.4 Minimum height from floor is hereby added to read as
follows:
1031.3.4 Minimum height from floor. Emergency escape and rescue window
openings that are located more than 72 inches (1829 mm) above the finished grade shall
have a sill height of not less than 24 inches (609 mm) measured from the finished
interior side floor.
61. A new Section 1031.7 Drainage is hereby added to read as follows:
1031.7 Drainage. All window wells shall be designed for proper drainage by
connecting to the building’s foundation drainage system required by Section 1805.4.2
of the International Building Code or by an approved alternative method. The inlet to
the drainage system shall be a minimum of 4 inches (101 mm) below the window sill.
Where no drains are required, the window well surface shall be a minimum of 4 inches
(101 mm) below the window sill.
Exceptions:
1. A drainage system for area wells is not required where the foundation is on
well-drained soil or sand-gravel mixture soils in accordance with the United
Soil Classification System, Group I Soils, in accordance with Section
1803.5.1 of the International Building Code.
2. A drainage system is not required for new window wells on additions to
existing dwellings where no foundation drainage system exists.
62. Section 1205.3 Other than Group R-3 buildings is hereby amended to read as
follows:
1205.3 Other than Group R-3 buildings. Access to systems for buildings, other than
those containing Group R-3 occupancies, shall be provide in accordance with Sections
1205.3.1 through 1205.3.3.
Exception: Where it is determined by the fire code official that the roof
configuration is similar to that of a Group R-3 occupancy, and the building does
not exceed three stories and does not require aerial fire apparatus access in
accordance with Appendix D, the residential access and ventilation requirements in
Section 1205.2.1.1 through 1205.2.1.3 are a suitable alternative.
63. Section 3312.1 Stairways required is hereby amended to read as follows:
[BE] 3312.1 Stairways required. Where building construction exceeds 20 feet (6096
mm) or one-story in height above the lowest level of fire department vehicle access, a
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temporary or permanent stairway shall be provided to all floors that have secured
decking or flooring. As construction progresses, such stairway shall be extended to
within one floor of the highest point of construction having secured decking or flooring.
64. Section 5001.1 Scope is hereby amended only as to Exceptions numbered item 10 to
read as follows:
. . .
10. The production, processing and storage of beer, distilled spirits and wines
in barrels and casks when the facility is in conformance with the Distilled
Spirits Council of the United States (“DISCUS”) “Recommended Fire
Protection Practices for Distilled Spirits Beverage Facilities” and NFPA 13.
. . .
65. Section 5601.1.3 Fireworks is hereby amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of
fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. The use of fireworks for fireworks displays as allowed in Section 5608.
66. Section 5701.2 Nonapplicability is hereby amended only as to Exceptions numbered
item 10 to read as follows:
. . .
10. The production, processing and storage of beer, distilled spirits and wines in
barrels and casks when the facility is in conformance with the DISCUS
“Recommended Fire Protection Practices for Distilled Spirits Beverage
Facilities” and NFPA 13.
. . .
67. Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited is hereby
amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class
I and II liquids in above-ground tanks outside of buildings is prohibited within the
limits established by law as the limits of districts in which such storage is prohibited in
accordance with the City of Fort Collins Land Use Code.
68. Section 5706.2.4.4 Locations where above-ground tanks are prohibited is hereby
amended to read as follows:
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5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of
Class I and II liquids in above-ground tanks is prohibited within the limits established
by law as the limits of districts in which such storage is prohibited in accordance with
the City of Fort Collins Land Use Code.
69. Section 5806.2 Limitations is hereby amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within the limits established by law as the limits of
districts in which such storage is prohibited in accordance with the City of Fort Collins
Land Use Code.
70. Section 6104.2 Maximum capacity within established limits is hereby amended to
read as follows:
6104.2 Maximum capacity with established limits. Within the limits established by
law restricting the storage of liquefied petroleum gas for the protection of heavily
populated or congested areas, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons (7570 L) in accordance with the City of Fort
Collins Land Use Code.
71. Section 6109.13 Protection of containers is hereby amended to read as follows:
6109.13 Protection of containers. LP-gas containers shall be stored within a suitable
enclosure or otherwise protected against tampering. Vehicle impact protection shall be
provided as required by Section 6107.4.
72. CHAPTER 80 REFERENCED STANDARDS is hereby amended by adding the
following additional referenced standards:
CHAPTER 80
REFERENCED STANDARDS
________________________________________________________________________
Distilled Spirits Council of the United States
1250 Eye Street, NW Suite 400
Washington, DC 20005
Standard Reference Title Code Reference
4th Edition, February 2020 Recommended Fire
Protection Practices
For Distilled Spirits Beverage Facilities ………5001.1, 5701.2
________________________________________________________________________
Larimer County Engineering
DISCUS
LCUASS
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200 W Oak Street
Fort Collins, CO 80524
Standard Reference Title Code Reference
Enacted August 1, 2021 Larimer County Urban
Area Street Standards ………….……….….………D105.6
________________________________________________________________________
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73. A new CHAPTER 68 APPENDIX ADOPTION STATUS is hereby added to read
as follows:
APPENDIX TITLE STATUS
A Board of Appeals Not Adopted
B Fire-flow Requirements for Buildings Adopted, with
amendments
C Fire Hydrant Locations and Distribution Adopted, with
amendments
D Fire Apparatus Access Roads Adopted, with
amendments
E Hazard Categories Adopted as Reference
F Hazard Ranking Adopted
G Cryogenic Fluids—Weights and Volume Equivalents Adopted as Reference
H Hazardous Materials Management Plan (HMMP) Adopted as Reference
I Fire Protection Systems—Non-compliant Conditions Not Adopted
J Building Information Sign Not Adopted
K Construction Requirements for Existing Ambulatory
Care Facilities
Not Adopted
L Requirements for Fire Fighter Air Replenishment
Systems Adopted
M High-rise Buildings—Retroactive Automatic
Sprinkler Requirements Not Adopted
N Indoor Trade Shows and Exhibitions Adopted
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74. Section B105.1 One-and two-family dwellings, Group R-3 and R-4 buildings and
townhouses is hereby amended to read as follows:
B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses. The minimum fire-flow and flow duration requirements for one- and two-
family dwellings, Group R-3 and R-4 buildings and townhouses shall be 1000 gpm with
residual pressure of 20 psi for a duration of one (1) hour.
Exception: One- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses located outside of the City of Fort Collins Growth Management Area shall
provide a minimum fire-flow of 500 gpm with residual pressure of 20 psi for a duration
of one (1) hour.
75. Table B105.1(1) is hereby deleted in its entirety.
76. Table B105.1(2) is hereby retained in its entirety.
77. Section B105.2 Buildings other than one- and two-family dwellings, Group R-3
and R-4 buildings and townhouses is hereby amended to read as follows:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses. The minimum fire-flow and flow duration for buildings
other than one- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses shall be as specified in Tables B105.1(2).
Exception: A reduction in required fire flow of up to 75%, as approved, is allowed
when the building is protected with an automatic fire suppression system in
accordance with section 903.3.1.1 or 903.3.1.2. The resulting fire flow shall not be
less than 1,500 gpm for the prescribed duration as specified in Table B105.1(2).
78. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN
ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS
AND TOWNHOUSES is hereby deleted in its entirety.
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79. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION is hereby
deleted in its entirety and replaced with the following:
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C101
GENERAL
C101.1 Scope. In addition to the requirements of Section 507.5.1, fire hydrants shall
be provided along public roads and required fire apparatus access roads in accordance
with this appendix for the protection of buildings, or portions of buildings, hereafter
constructed or moved into the jurisdiction.
SECTION C102
NUMBER OF FIRE HYDRANTS
C102.1 Fire hydrants available. The number of fire hydrants available to a building,
complex or subdivision shall be not less than that determined by spacing requirements
listed in Table C102.1 when applied to fire apparatus access roads and adjacent public
streets from which fire operations could be conducted.
TABLE C102.1
a. Reduce by 100 feet for dead-end streets or roads.
APPLICATION
FIRE FLOW
REQUIREMENTS
(gpm)
SPACING
BETWEEN
HYDRANTS
(feet)a,b,c
MAXIMUM
DISTANCE
FROM THE
CLOSEST
POINT ON A
BUILDING TO A
HYDRANT
(feet)e
Commercial/
Multifamily
Value as calculated
in accordance with
section B105.2
600 300d
One- & Two-Family
Dwelling - Urban 1,000 800 400
One- & Two-Family
Dwelling - Rural 500 800 400
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b. Where streets are provided with median dividers that cannot be crossed by fire
fighters pulling hose lines, or are arterial streets, hydrant spacing shall average 500
feet on each side of the street and be arranged on an alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed
for protection of structures or similar fire problems, fire hydrants shall be
provided at spacing not to exceed 1,000 feet to provide for transportation hazards.
d. For buildings equipped with a standpipe, see Section 507.5.1.1.
e. For the purposes of determining distance from a building to a hydrant, hydrants
located across 2- and 4-lane arterial roads shall not be considered available unless
the building is protected with an approved automatic fire suppression system.
Hydrants located across 6 lane arterial roads shall not be considered available.
SECTION C103
FIRE HYDRANT SPACING
C105.1 Hydrant spacing. The average spacing between fire hydrants shall not exceed
that listed in Table C102.1. Regardless of the average spacing, fire hydrants shall be
located such that all points on streets and access roads adjacent to a building are within
the distances listed in Table C102.1.
Exception: The fire code official is authorized to accept a deficiency of up to 10 percent
where existing fire hydrants provide all or a portion of the required fire hydrant service.
SECTION C103
CONSIDERATION OF EXISTING FIRE HYDRANTS
C103.1 Existing fire hydrants. Existing fire hydrants on public streets are allowed to
be considered as available to meet the requirements of Sections C102 and C103.
Existing fire hydrants on adjacent properties shall not be considered available unless
fire apparatus access roads extend between properties and easements are established to
prevent obstruction of such roads.
80. APPENDIX D FIRE APPARATUS ACCESS ROADS is hereby deleted in its
entirety and replaced with the following:
APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D101
GENERAL
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix
and all other applicable requirements of the International Fire Code adopted by the
City of Fort Collins, including all local amendments.
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SECTION D102
REQUIRED ACCESS
D102.1 Access and loading. Facilities, buildings, or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete, or other approved driving surface
capable of supporting the imposed load of fire apparatus weighing at least 80,000
pounds (36,287 kg).
D102.2 Access road construction. All access roadways must be all-weather driving
surfaces capable of supporting fire apparatus. Surface shall be asphalt, concrete, or
compacted road base and engineered for the imposed loads.
D102.2.1 Temporary emergency access. Compacted road base or chip shall only be
used for a temporary emergency access. Temporary access shall be available as long as
the site is under construction. Thereafter, permanent fire lanes shall be accessible and
unobstructed at all times.
D102.2.2 Permanent emergency access. All permanent points of access shall be hard
decks consisting of asphalt or concrete designed to HS 20 or to support 80,000 pounds
(36,287 kg). Compacted road base or other surfaces engineered and capable of
supporting the imposed loads may be approved by the fire code official for ground
mounted solar installations, cell towers and similar isolated facilities and structures.
D102.2.3 Installation timing. All required access roads must be installed and
serviceable before above-ground construction begins unless otherwise approved by the
fire code official.
SECTION D103
MINIMUM SPECIFICATIONS
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire
apparatus access road, the minimum road width shall be 26 feet (7,925 mm), exclusive
of shoulders.
D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade.
Exception: Grades steeper than 10 percent as approved by the fire code official. (See
section D105.5 for aerial fire apparatus access roads.)
D103.3 Turning radius. The minimum turning radius shall be 25 feet inside radius
and 50 feet outside radius.
D103.4 Angle of Approach/Departure. Grade changes upon a fire apparatus access
road or when entering or exiting from or to a fire apparatus access road shall not exceed
a 10 percent angle of approach or angle of departure.
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Figure D103.1
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Figure D103.1 (cont’d)
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D103.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (46 m)
shall be provided with width and turnaround provisions in accordance with Table
D103.5.
TABLE 103.5
REQUIREMENTS FOR DEAD-END FIRE
APPARATUS ACCESS ROADS
LENGTH
(feet)
WIDTH
(feet) TURNAROUNDS REQUIRED
0-150 20 None required
151-660 20 100-foot hammerhead, 100-foot cul-de-sac in
accordance with Figure D103.1
Over 660 Special Approval Required
D103.5.1 Additional Points of Access Required. Additional points of access shall be
required where a required access roadway exceeds 660 feet (201 m) in length.
Exception: Where the access road does not exceed 1320 feet (402 m) in length and all
dwelling units beyond 660 feet (201 m) are equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3 access from two directions shall not be required.
D103.5.2 Remoteness. Where two or more points of access are required, they shall be
placed a distance apart equal to not less than one half of the length of the maximum
overall diagonal dimension of the property or area to be served, measured in a straight
line between accesses.
D103.6 Fire apparatus access road gates. Gates securing the fire apparatus access
roads shall comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20 feet
(6,096 mm). Where a fire apparatus road consists of a divided roadway, the gate
shall be not less than 12 feet (3,658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation by one
person.
4. Gate components shall be maintained in an operative condition at all times and
replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices must
be approved by the fire code official.
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6. Methods of locking the gate must be approved by the fire code official.
7. Manual opening gates shall not be locked with a padlock or chain and padlock
unless the padlock is approved by the fire code official and is compatible with
the approved Key Boxes in use by the fire department.
8. Gate design and locking device specifications shall be submitted for approval
by the fire code official prior to installation.
9. Electric gate operators, where provided, shall be listed in accordance with
UL325.
10. Gates intended for automatic operation shall be designed, constructed, and
installed to comply with the requirements of ASTM F 2200.
D103.7 Signs. Where required by the fire code official, fire apparatus access roads shall
be marked with permanent NO PARKING-FIRE LANE signs complying with Figure
D 103.6 or other approved sign. Signs shall have a minimum dimension of 12 inches
(305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective
background. Signs shall be posted on one or both sides of the fire apparatus road as
required by Sections D103.7.1 or D103.7.2.
FIGURE D103.7
FIRE LANE SIGNS
D103.7.1 Roads 20 to 26 feet in width. Fire lane signs as specified in D103.7 shall be
posted on both sides of fire apparatus access roads that are 20 to 26 feet wide (6,096 to
7,925 mm).
D103.7.2 Roads more than 26 feet in width. Fire lane signs as specified in D103.7
shall be posted on one side of fire apparatus access roads more than 26 feet wide (7,925
mm) and less than 32 feet wide (9,754 mm).
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D103.8 Minimum Overhead Clearance. Fire access roads shall have a minimum
overhead clearance for the entire width of the access road of not less than 14 feet (4,267
mm).
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have at least two means of
fire apparatus access for each structure.
Exception: Buildings or facilities exceeding 30 feet (9144 mm) or three stories in
height that have a single approved fire apparatus access road where the buildings are
equipped throughout with approved automatic sprinkler systems.
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having
a gross building area of more than 62,000 square feet (5760 m2) shall be provided with
two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet (11
520m2) that have a single approved fire apparatus access road where all buildings are
equipped throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be
placed a distance apart equal to not less than one half of the length of the maximum
overall diagonal dimension of the lot or area to be served, measured in a straight line
between accesses.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Where the vertical distance between the grade plane and the
highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire apparatus access
roads shall be provided. For purposes of this section, the highest roof surface shall be
determined by measurement to the eave of a pitched roof, the intersection of the roof
to the exterior wall, or the top of parapet walls, whichever is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed
width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the
building or portion thereof if the fire apparatus access road is not a dead end. Dead end
fire apparatus access roads for aerial apparatus access shall be a minimum of 30 feet
(9144 mm) wide.
D105.3 Proximity to building. One or more of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of
30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side
of the building. The side of the building on which the aerial fire apparatus access road
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is positioned shall be approved by the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located over the
aerial fire apparatus access road or between the aerial fire apparatus road and the
building. Other obstructions may be permitted to be placed only if approved by the fire
code official.
D105.5 Grade. Aerial fire apparatus access roads adjacent to the building shall not
exceed five percent in grade.
D105.6 Road type. Aerial fire apparatus access roads shall not be located on an arterial
street with six or more through lanes as defined by the LCUASS standards for arterials.
SECTION D106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units. Multiple-family residential
projects having more than 100 dwelling units shall be equipped throughout with two
separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single approved fire
apparatus access road when all buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler systems installed in
accordance with Section 903.3.1.1 or 903.3.1.2.
D106.2 Projects having more than 200 dwelling units. Multiple-family residential
projects having more than 200 dwelling units shall be provided with two separate and
approved fire apparatus access roads regardless of whether they are equipped with an
approved automatic sprinkler system.
D106.3 Remoteness. Where two fire apparatus access roads are required, they shall be
placed a distance apart equal to not less than one half of the length of the maximum
overall diagonal dimension of the lot or area to be served, measured in a straight line
between accesses.
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments. Developments of
one- or two-family dwellings where the number of dwelling units exceeds 30 shall be
provided with two separate and approved fire apparatus access roads that comply with
Section D103.5.2.
Exception: Where there are more than 30 dwelling units on a single public or private
fire apparatus access road not exceeding 1320 feet (402 m) in length and all dwelling
units are equipped throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 access from two directions
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shall not be required.
D107.2 Future connection. The number of dwelling units on a single fire apparatus
access road shall not exceed 30 dwelling units unless fire apparatus access roads will
connect with future development, as determined by the fire code official.
D107.3 Remoteness. Where two access roads are required, they shall be placed a
distance apart equal to not less than one half of the length of the maximum overall
diagonal dimension of the lot or area to be served, measured in a straight line between
accesses.
SECTION D108
REFERENCED STANDARDS
D108.1 General. See Table D108.1 for standards that are referenced in various sections
of this appendix. Standards are listed by the standard identification with the effective
date, standard title, and the section or sections of this appendix that reference the
standard.
TABLE D108.1
REFERENCED STANDARDS
STANDARD
ACRONYM
STANDARD NAME SECTIONS
HEREIN
REFERENCED
ASTM F 2200—14
Standard Specification
for Automated Vehicular
Gate Construction
D103.5
UL 325—02
Door, Drapery, Gate,
Louver, and Window
Operators and Systems,
with Revisions through
May 2015
D103.5
Section 5. The City Attorney and the City Clerk are authorized to modify the
formatting and to make such other amendments to this Ordinance as necessary to facilitate
publication in the Fort Collins Municipal Code; provided, however, that such modifications and
amendments shall not change the substance of the Code provisions.
4.2
Packet Pg. 89 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption)
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Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on this 7th day of June, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
Packet Pg. 90 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption)
EXHIBIT A4.2Packet Pg. 91Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption)
-1-
ORDINANCE NO. 064, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING CHANGES TO FORT COLLINS CITY CODE SECTION 2-173
RELATED TO ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE,
WITH AMENDMENTS
WHEREAS, as early as 1958, the City has reviewed, amended and adopted the latest
nationally recognized fire protection standards available for the times; and
WHEREAS, the City previously adopted the 2018 International Fire Code, with local
amendments, to minimize human suffering and property loss from fire; and
WHEREAS, the 2021 edition of the International Fire Code represents the most current
version now available; and
WHEREAS, by adoption of Ordinance No. 060, 2022, City Council has repealed the 2018
International Fire Code (“2018 IFC”) and adopted the 2021 IFC as amended (the 2021 IFC); and
WHEREAS, the 2021 IFC provides that appeals of decisions by the fire code official (the
Fire Chief, or by delegation, the Fire Marshall) shall be heard by the Fort Collins Building Review
Commission (the “Commission”) acting as the Fire Board of Appeals, as did the 2018 Fire Code;
and
WHEREAS, this Ordinance makes a related change to City Code Section 2-173 to reflect
the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-173 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-173. Building Review Commission.
(a) The City shall have a Building Review Commission, hereafter referred to in this Section
as the "Commission." The Commission shall consist of seven (7) members. Three (3) of the
Commission members shall be qualified by experience and/or training to knowledgeably consider
technical matters related to building construction.
(b) The Commission shall have the following functions:
(1) To determine the suitability of alternate materials or alternate methods of
construction, provide for reasonable interpretations of the provisions of the City building
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code, City mechanical code, City plumbing code, City electrical code and City fire code,
and hear all appeals made to it related to such codes;
(2) To hear all requests for variances from the requirements of Article 5, Title 9, C.R.S.,
which establishes standards and specifications governing the accessibility of buildings and
facilities within the City to the physically handicapped;
(3) To hear all matters related to the suspension or revocation of any supervisor
certificate or license or registration of any plumber or electrician as provided in the Code;
(4) To, upon appeal in specific cases, grant variances from the terms of Chapter 15,
Article V, where the peculiar or exceptional practical difficulties to or exceptional or undue
hardship upon the person regulated, or when the applicant can demonstrate to the
satisfaction of the Commission that the applicant possesses other qualifications not
specifically listed in Chapter 15, Article V, such as specialized training, education or
additional experience, which the Commission has determined qualifies the applicant to
perform in a competent manner any construction authorized under the license or certificate
sought, provided that such relief may be granted without substantial detriment to the public
good and without substantially impairing the intent and purposes of said Article;
(5) To serve as the Board of Appeals as required under § 111 of the International
Property Maintenance Code as adopted by the City and "Housing Standards" contained in
Chapter 5, Article VI, Division 2 of the Code; and
(6) To advise the City Council on policy matters pertaining to the construction of
buildings and the licensing of contractors and the certification of supervisors for all aspects
of the construction of buildings; and
(7) To serve as the Fire Board of Appeals as required under §111.1 of the International
Fire Code, 2021 Edition adopted in Section 9-1 and amended in Section 9-2 of City Code.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on this 7th day of June, A.D. 2022.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.3
Packet Pg. 94 Attachment: Ordinance No. 064, 2022 (11645 : SR 060 064 Fire Code Adoption)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the
Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the
New Director Positions.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance Council
adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed
Ordinance expands the District’s Board of Directors (Board) from five to seven directors, and it would appoint
the director for one of the newly created positions. The Board seeks broader representation from the District.
The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated
Abbie Stout, owner of the Edwards House, to fill one of these new positions. The othe r position will remain
vacant until the Board finds an eligible elector who is willing and able to serve on the Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
2. Ordinance No. 061, 2022 (PDF)
5
Packet Pg. 95
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the
Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the
New Director Positions.
EXECUTIVE SUMMARY
The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the Fort Collins
Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors
(Board) from five to seven directors and it would appoint the director for one of the newly created positions. The
Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors
to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these
new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and
able to serve on the Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On August 4, 2021, Council adopted Ordinance No. 097, 2021 establishing the District (Establishment
Ordinance). Section 7 of the Establishment Ordinance provides that the District’s Board shall have five directors
who must be “electors” of the District.
As relevant to tourism improvement districts, City Code Section 22-153 defines “elector” to mean a natural
person who: (i) is a resident of the State of Colorado, (ii) is eighteen (18) years of age or older, (iii) is registered
to vote in general elections in the State of Colorado, and (iv) who maintains a lodging tax license with the City
and is obligated to pay the lodging tax by virtue of ownership and operation of a lodging business in the District
or is a natural person designated to vote for an entity that is not a natural person and maintains a lodging tax
license with the City and is obligated to pay the lodging tax by virtue of ownership of a lodging business in the
District.
Section 7 also currently requires that three of the directors be affiliated with a large full-service lodging business
in the District, one director must be affiliated with a small limited-service lodging business in the District, and
one director must be affiliated with a boutique or specialty lodging business in the District.
On April 26, 2022, the District’s Board adopted and approved a resolution requesting Council to expand the
number of directors on the Board from five to seven. A copy of this resolution is attached as Exhibit “A” to the
Ordinance. The Board is also proposing that these two new directors be electors of the District who are affiliated
with any type of lodging business in the District.
ATTACHMENT 1
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ORDINANCE NO. 061, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF DIRECTORS ON THE BOARD
OF DIRECTORS OF THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT AND
TO MAKE AN APPOINTMENT FOR ONE OF THE NEW DIRECTOR POSITIONS
WHEREAS, on August 4, 2021, the City Council adopted Ordinance No. 097, 2021
(“Ordinance No. 097”) establishing the Fort Collins Tourism Improvement District (the
“District”); and
WHEREAS, Ordinance No. 097 was amended on December 7, 2021, by City Council’s
adoption of Ordinance No. 161, 2012, (“Ordinance No. 161”), which amendment corrected a
typographical error in Section 11 Ordinance No. 097 concerning the ending date for the term of
the District’s lodging fee; and
WHEREAS, Ordinance No. 097 and Ordinance No. 161 shall be jointly referred to herein
as the “Establishment Ordinance”; and
WHEREAS, City Code Section 22-164(a) provides that tourism improvement districts
shall have a board of five to nine directors as specified in their establishment ordinance; and
WHEREAS, Section 7 of the Establishment Ordinance currently states that the board of
directors of the District (the “District Board”) shall consist of five directors who must all be
“electors” in the district, as defined in City Code Section 22-153, of which five directors, three
must be affiliated with a large full service lodging business within the District, one must be
affiliated with a small limited-service lodging business within the District, and one must be
affiliated with a boutique or specialty lodging business within the District; and
WHEREAS, on April 26, 2022, the District Board adopted the resolution attached as
Exhibit “A” requesting that the City Council amend Section 7 of the Establishment Ordinance to
expand the membership on the District Board from five to seven directors with the two added
directors each serving a three-year term and being an elector of the District who is affiliated with
any type of lodging business in the District; and
WHEREAS, on April 26, 2022, the District Board also adopted the resolution attached as
Exhibit “B” nominating and recommending that Abbie Stout, the owner of the Edwards House, be
appointed by City Council to one of the two new director positions to serve a three-year term; and
WHEREAS, Abbie Stout, as the owner of the Edwards House, is an elector of the District
who is affiliated with a lodging business within the District and, therefore, qualified to serve as a
director on the District Board; and
WHEREAS, the District Board has not yet identified a qualified person to nominate and
recommend for the second new director position but expects to do so in the near future; and
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WHEREAS, adoption of this Ordinance is in the best interest of the City and necessary for
the District’s effective operation in the future.
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 7 of the Establishment Ordinance is hereby amended to read
in full as follows:
Section 7. Appointment of Directors. Beginning September 1, 2021, the
District's Board has consisted of five (5) Directors who are Electors of the
District having these additional qualifications: (i) three (3) Directors must be
affiliated with a large full-service Lodging Business in the District; (ii) one (1)
Director must be affiliated with a small limited-service Lodging Business in the
District; and (iii) one (1) Director must be affiliated with a boutique or specialty
Lodging Business in the District. Commencing June 17, 2022, the number of
Directors on the District Board shall be increased from five (5) to seven (7)
Directors. The two (2) new Directors shall be Electors but may be affiliated with
any type of Lodging Business in the District and shall serve a three-year term
beginning on the effective date of their appointment by the City Council.
The following Electors were appointed as the District's initial five (5) Directors to
serve on its Board for the staggered terms stated below by the City Council’s
adoption of Ordinance No. 097, 2021:
(a) Daniel Benton, affiliated with the Fort Collins Hilton, a large full-service
Lodging Business, for a one (1) year term;
(b) Danielle Lowry, affiliated with the Hampton Inn, a small limited-service
Lodging Business, for a two (2) year term;
(c) Dragan Andrejic, affiliated with The Elizabeth, a large full-service
Lodging Business, for a two (2) year term;
(d) George Prine, affiliated with The Armstrong, a boutique/specialty
Lodging Business, for a three (3) year term; and
(e) Sandra Fredrickson, affiliated with the Fort Collins Marriott, a large full-
service Lodging Business, for a one (1) year term.
The terms of these initial Directors commenced on September 1, 2021.
On April 19, 2022, the City Council adopted Resolution 2022-052 appointing
Aryell Mattern as a Director on the District Board to fill the vacancy left by the
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resignation of Drajan Andrejic from the District Board. Aryell Mattern is an
Elector of the District affiliated with Fairfield Inn and Candlewood Suites in Fort
Collins, both of which are large full-service Lodging Businesses in the District.
Director Mattern was appointed to finish Director Andrejic’s term ending
September 1, 2023.
Upon the expiration of the initial terms, successor Directors shall be appointed by
the City Council by resolution for terms of three (3) years unless the appointee is
being appointed to finish the term of a Director who has left the Board for any
reason before the expiration of their term and, in such case, the appointee shall
only be appointed to finish the term of the departed Director.
Section 3. That the City Council hereby appoints Abbie Stout to fill one of the two
new director positions on the District Board as an elector of the District who may by affiliated
with any type of lodging business in the District, and this appointment shall be for a three-year
term beginning on June 17, 2022 and ending on June 17, 2025.
Section 4. That except as amended and approved herein, the Establishment Ordinance
shall remain unchanged and in full force and effect.
Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on this 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
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EXHIBIT A 5.2
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EXHIBIT B 5.2
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EXHIBIT B 5.2
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Blaine Dunn, Accounting Director
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the
City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the
Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 1 7, 2022, authorizes the amendment of certain
2019 lease documents and approval of other related documents for the issuance of certificates of participation
(COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, constructi on of the
Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such
additional projects as Council may approve by resolution.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
2. Ordinance No. 062, 2022 (PDF)
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Blaine Dunn, Accounting Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City
of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance
of 2022 Certificates of Participation for the Financing of Certain City Projects.
EXECUTIVE SUMMARY
The purpose of this item is to consider an Ordinance authorizing the amendment of certain 2019 lease
documents and approval of other related documents for the issuance of certificates of participation (COPs), the
funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf
course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects
as City Council may approve by resolution.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Certificates of Participation
Certificates of participation, or COPs, are a type of financing that is somewhat similar to a bond. The purchaser of
a COP purchases a share of the revenues from a lease as distinguished from a bond purchaser receiving principal
and interest payments under the bond.
COPs are routinely used by Colorado governments as a method to finance various governmental projects. Lease
financings are not subject to voter approval under the Colorado Taxpayer’s Bill of Rights (TABOR) because the
City’s obligations under the lease are subject to annual appropriation. In any year, the City can decide that it will
not renew its lease. Since TABOR requires voter approval in advance only for multiple fiscal year financial
obligations, no vote is required for a lease financing that is from year to year only.
A COPs transaction can be structured in different ways, but the City’s most recent COPs transactions have been
structured as a “lease-lease back”. Under this structure, the City leases its designated real property to a
Bank/Trustee under a “Site Lease” and then leases that same property back under a “Lease.” The Trustee then
sells the COPs to investors who purchase the right to receive the rental payments under the annually renewable
Lease. The terms of the COPs are set forth in an Indenture of Trust that is executed by the Trustee. If the City
chooses not to renew the Lease in any year, which it can do in its sole discretion without any penalty, the Lease
terminates automatically and the Trustee will have the right to possession of the leased property under the Site
Lease. The Trustee can then re-rent the leased property, or sell its leasehold interest, to generate revenues to
repay the holders of the COPs. The City is not liable to repay the COP holders from any of its revenues; the COP
holders must look solely to the leased property as their security. The Trustee cannot sell the leased property and
ATTACHMENT 1
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the City retains fee simple title to the leased property. At the end of the Site Lease, the City will get back
unencumbered title to the leased property.
City’s 2019 COPs
In March 2019, the City Council adopted Ordinance No. 021, 2019, approving the issuance of COPs to finance and
fund a portion of the costs for the recent improvements to the I-25 and Prospect Road interchange and for the
construction of the City’s Northern Colorado Law Enforcement Training Center jointly owned with the City of Loveland
(2019 COPs). The 2019 COPs were issued under various leases and other agreements approved in Ordinance No.
021, 2019 (2019 Agreements). Payment of the 2019 COPs was secured under a lease-lease back method using
the City’s office building at 215 N. Mason and its Civic Center Parking Garage as the collateral.
Proposed COPs
City staff is now seeking $16.5M in financing using COPs to be issued in two or more tranches with the first
tranche issued in July 2022 (2022 COPs). The proceeds from these issuances will be used to fund the purchase
of the Hughes Stadium land ($8.5M), construction of the Southridge golf course irrigation system improvements
($5.0M), construction of the Fleet shop expansion ($3.0M), and to fund any other projects City Council may
subsequently approve by resolution.
The proposed financing method for these projects is to amend the 2019 Agreements, which included a site lease
for the City’s lease of its property to the trustee (2019 Site Lease) and the lease for the trustee’s lease back of
the property to the City (2019 Lease). These amendments will allow for the issuance of the proposed 2022
COPs.
The City will continue to lease the building at 215 N. Mason and the Civic Center Parking Garage under the 2019
Lease, but more City property is needed as additional collateral under the 2019 Lease for the 2022 COPs and
the rental payments due under the 2019 Lease will be increased. Concerning the additional collateral, the 2019
Agreements will be amended to grant the City Manager the authority, as needed, to add as leased property
under the amended 2019 Lease all or portions of 960 acres of land that make up part of the City’s Coyote Ridge
Natural Area and that are known as the McKee parcels (McKee Parcels). These McKee Parcels have been
appraised at approximately $10 million. However, the 2019 Agreements will also be amended to allow the City,
once it has purchased the Hughes Stadium land, to release the McKee Parcels as collateral and replace them
with the Hughes Stadium land.
The 2022 COPs will be issued as additional COPs under the amended 2019 Agreements, and a new rental
schedule will be provided that includes the amortization schedule for the 2022 COPs. The 2019 COPs and the
2022 COPS will be equally secured by all the City’s real property under the 2019 Lease as amended by the 2022
amendments.
The 2022 COPs will be sold by competitive sale to the best bidder. The City Manager and the Financial Officer
will have the authority to determine the best bidder and finalize the terms of the sale subject to the parameters
set in this Ordinance. The 2022 COPs will be sold pursuant to a Notice of Sale and a Preliminary Official
Statement that sets forth the facts that are material to a potential investor.
The following documents needed for these proposed amendments of the 2019 Agreements are attached: First
Amendment to Site Lease, First Amendment to Lease Agreement, First Supplement to Indenture of Trust,
Continuing Disclosure Certificate, Notice of Sale and Preliminary Official Statement.
Hughes Stadium Land Purchase
Per a voter-approved ballot measure in April 2021, the former Hughes Stadium site was rezoned as open lands,
and the City was directed to make a good-faith effort to purchase the 165-acre site from CSU within two years
at fair market value. The total estimated cost of the purchase is $12.5M; out of which $4M will come from the
City’s General Fund and Natural Area fund, and the remaining $8.5M will be secured through the 2022 COPs.
Costs will be allocated proportionally to corresponding funds once land use is determined for the Hughes COPY6.1
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Stadium land. The 2021 Citizen Initiated Ordinance stated the City should acquire the land “using existing voter-
approved open space sales tax revenue and other funds currently available to the City, financing agreements,
grants, partnerships with other local governments, or other available fiscally responsible mechanisms”. By
utilizing COPs (a type of financing agreement) and cash from the General Fund and Natural Areas Fund, the
City is following the intention of the Ordinance as presented by citizens.
Southridge Golf Irrigation System Project
The project is to install a new irrigation system at Southridge golf course located at 5750 S. Lemay Ave. It is an
18-hole golf course situated on 128 acres in southeast Fort Collins, and it is operated and maintained by the
City. The current irrigation system has exceeded its typical life expectancy and is experiencing losses of water,
costly repairs, and high labor needs. A new system will produce significant savings through better water
application efficiency and flexibility and reduced labor and repair costs. The total estimated cost of the project is
$5.0M. In 2022, $1.2M was appropriated out of golf reserves to secure some of the key materials ahead of
installation. The appropriation also covers contingency in case the system cost exceeds the current estimate.
Payments paid with the 2022 appropriation will be reimbursed with the proceeds from the 2022 COPs and put
back in golf reserves.
Fleet Shop Expansion Project
The Fleet Shop Expansion project is to provide two garage bays to maintain compressed natural gas (CNG)
fueled fleet vehicles in compliance with City and State codes. A comprehensive facility audit conducted in 2018
determined the existing garage facility located at 835 Wood St. needed did not meet all applicable codes and
standards. The expansion will also help meet the increasing demand for more maintenance workspace as the
City’s vehicle fleet grows. The total estimated cost of the project will be $4.0M. Operation Services will pay $1.0M
out of its reserves, which includes the $0.4M appropriated by Council in the 2022 budget for the design of new
facility. The City is seeking $3.0M from the 2022 COPs financing for the remainder of the construction costs.
Other Projects Approved by Council
If for any reason the City is unable to purchase the Hughes Stadium land, the amendments to the 2019
Agreements will allow the City Council to authorize, by resolution, use of the 2022 COPs proceeds intended for
that purchase to be used for other City capital projects.
CITY FINANCIAL IMPACTS
The City is seeking to borrow a total of $16.9M, $16.5M for the projects and $400k in closing costs, with the
2022 COPs. The 2022 COPs will have a fixed interest rate and a mixed repayment term of 10 years for the
Hughes Stadium land purchase and 15 years for the other two identified projects. The longer term is incorporated
in repayment to reduce annual debt service payment for both Golf and Operation Services and ease cash flow
pressure. In addition, in order to allow flexibility in the timing of the different projects to achieve the best available
financing terms, the City will delegate to the City Manager to determine if the projects will be financed in whole
or in part, at one time or at different times. The City will also delegate to the City Manager to determine if all or
portions of McKee Parcels need to be added as collateral. The City will make semiannual payments starting in
December 2022 with the last payment occurring in December 2037. The maximum annual debt service payment
is $1,943,500, and the maximum total debt service payment is $23,692,410.
BOARD / COMMISSION RECOMMENDATION
The Council Finance Committee expressed its support for the proposed 2022 COPs at its April 7, 2022, meeting.
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ATTACHMENTS
1. First Amendment to Site Lease (as filed) (PDF)
2. First Amendment to Lease (as filed) (PDF)
3. Continuing Disclosure Certificate (as filed) (PDF)
4. First Supplemental Indenture (PDF)
5. Notice of Public Sale (as filed) (PDF)
6. Preliminary Official Statement (draft) (PDF)
7. Powerpoint Presentation (PDF) COPY6.1
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ORDINANCE NO. 062, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY
BY THE CITY OF ONE OR MORE AMENDMENTS TO 2019 TRUST
INDENTURE, LEASES AND OTHER RELATED DOCUMENTS FOR THE
ISSUANCE OF 2022 CERTIFICATES OF PARTICIPATION FOR THE
FINANCING OF CERTAIN CITY PROJECTS
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and existing
home rule municipality of the State of Colorado, created and operating pursuant to Article XX of
the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and
WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado Constitution,
and part 8 of Article 15 of title 31, Colorado Revised Statutes (“C.R.S.”), to enter into rental or
leasehold agreements in order to provide necessary land, buildings, equipment and other property
for governmental or proprietary purposes; and
WHEREAS, the City Council of the City (the “City Council”) is authorized by Chapter 23,
Article IV, Division 2 of the Fort Collins Municipal Code, to lease any and all interests in real
property owned in the name of the City if the City Council first finds that the lease is in the best
interest of the City; and
WHEREAS, the City and U.S. Bank Trust Company, National Association, as successor
in interest to U.S. Bank National Association, as Trustee (the “Trustee”) previously entered into a
Site and Improvement Lease, dated March 21, 2019 (the “Original Site Lease”) and a Lease
Purchase Agreement, dated March 21, 2019 (the “Original Lease”) to finance a portion of the cost
of (a) the improvements to the highway interchange at Interstate Highway I-25 and Prospect Road
in the City, and (b) the construction of a joint police training facility with the City of Loveland,
Colorado (collectively, the “2019 Project”); and
WHEREAS, the Leased Property under the Original Site Lease and the Original Lease
consists of certain real property owned in fee title by the City, which consists of two parcels and
the buildings and improvements located thereon, which presently serve as the Civic Center and
the Civic Center Parking Garage (the “2019 Leased Property”); and
WHEREAS, to finance the 2019 Project, the City leased the 2019 Leased Property to the
Trustee pursuant to the Original Site Lease, and the Trustee leased back the 2019 Leased Property
to the City pursuant to the Original Lease; and
WHEREAS, in connection with the execution and delivery of the Original Site Lease and
the Original Lease, the Trustee executed and delivered an Indenture of Trust, dated March 21,
2019 (the “Original Indenture”) pursuant to which there were executed and delivered certain
certificates of participation (the “2019 Certificates”) dated as of their date of delivery that evidence
certain proportionate interests in the right to receive certain revenues under the Original Lease;
and
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WHEREAS, the net proceeds from the sale of the 2019 Certificates were disbursed to
finance the costs of the 2019 Project; and
WHEREAS, the City Council has determined and now hereby determines that it is in the
best interests of the City and its inhabitants to provide for the financing of one or more of the
following projects: (a) the acquisition of the real property on which the Hughes Stadium previously
existed (the “Hughes Stadium Acquisition”), (b) the acquisition and installation of certain
irrigation improvements for Southridge Golf Course, which is owned by the City (the “Golf Course
Improvements”), (c) the construction and installation of a fleet maintenance facility for the City at
800 Wood Street in the City (the “Maintenance Facility”), and (d) such additional projects that
benefit the City that are approved by resolution of the City Council (collectively, the “2022
Project”); and
WHEREAS, to provide for the financing of all or a portion of the 2022 Project, the City
Council has determined and now hereby determines that it is in the best interest of the City and its
inhabitants to enter into (a) one or more amendments to the Original Site Lease (collectively, the
“Amendments to Site Lease”), and (b) one or more amendments to the Original Lease (collectively,
the “Amendments to Lease”); and
WHEREAS, there has been filed with the City (a) a First Amendment to Site and
Improvement Lease between the City, as lessor, and the Trustee, as lessee (the “First Amendment
to Site Lease”), and (b) a First Amendment to Lease Purchase Agreement, between the Trustee, as
lessor, and the City, as lessee (the “First Amendment to Lease”); and
WHEREAS, the Amendments to Site Lease shall be in substantially the form of the First
Amendment to Site Lease, provided that the Amendments to Site Lease may be completed,
corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes
of this Ordinance (collectively, the Original Site Lease, the First Amendment to Site Lease and
any subsequent Amendments to Site Lease shall be referred to herein as the “Site Lease”); and
WHEREAS, the Amendments to Lease authorized by this Ordinance shall be in
substantially the form of the First Amendment to Lease, provided that the Amendments to Lease
may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry
out the purposes of this Ordinance (collectively, the Original Lease, the First Amendment to Lease
and any subsequent Amendments to Lease shall be referred to herein as the “Lease”); and
WHEREAS, the City owns fee title to two parcels of real property that are located in the
Coyote Ridge Natural Area, that are known as the McKee Strips, that presently serve as natural
areas, with one parcel consisting of approximately 640 acres and one parcel consisting of
approximately 320 acres (collectively, the “McKee Strip Parcels”); and
WHEREAS, to effectuate the financing of all or a portion of the 2022 Project, the City
Council has determined and hereby determines that one or both of the McKee Strip Parcels, and
any buildings and improvements located thereon, shall be added to the 2019 Leased Property
(collectively, the “Leased Property”) pursuant to the Amendments to Site Lease and the
Amendments to Lease, as determined by the City Manager, as further set forth in Section 4 hereof;
and
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WHEREAS, contemporaneously with the execution and delivery of the Amendments to
Site Lease and the Amendments to Lease, the Trustee will execute and deliver one or more
Supplements to Indenture of Trust that will amend and supplement the Original Indenture
(collectively, the “Supplemental Indentures” and together with the Original Indenture, the
“Indenture”) pursuant to which there will be executed and delivered one or more series of
Certificates of Participation (collectively, the “2022 Certificates”) that will be Additional
Certificates under the Indenture; and
WHEREAS, the 2022 Certificates will be dated as of their date of delivery, will evidence
proportionate interests in the right to receive certain Revenues under the Indenture and shall be
ratably secured with the Outstanding 2019 Certificates and any Additional Certificates that may
be executed and delivered in the future, if any, and in respect of all Revenues, and shall be ranked
pari passu with such Outstanding 2019 Certificates and any Additional Certificates that may be
executed and delivered in the future, if any, will be payable solely from the sources therein
provided, and shall not directly or indirectly obligate the City to make any payments beyond those
appropriated for any fiscal year during which the Lease shall be in effect; and
WHEREAS, the City Council has determined and now hereby determines that the
competitive sale of the 2022 Certificates in one or more series, at one time or from time to time, is
to the best advantage of the City; and
WHEREAS, the net proceeds from the sale of the 2022 Certificates, together with other
available moneys of the City, will finance the acquisition, construction and installation of all or a
portion of the 2022 Project and pay the costs of issuance in connection therewith; and
WHEREAS, pursuant to the Lease, and subject to the right of the City to terminate the
Lease and other limitations as therein provided, the City will pay certain Base Rentals and
Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the
City to use the Leased Property; and
WHEREAS, the City’s obligation under the Lease to pay Base Rentals and Additional
Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the
City; shall not constitute a mandatory charge or requirement in any ensuing budget year; shall not
constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of
the City within the meaning of any constitutional, charter, statutory limitation or other requirement
concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a
mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during
which the Lease shall be in effect; and
WHEREAS, the Site Lease provides that it may only be amended, changed, modified, or
altered with the prior written consent of the City and the Trustee and in accordance with the
provisions of the Indenture, and the Indenture provides that the City and the Trustee may amend
the Site Lease, without the consent of or notice to the owners of the 2019 Certificates to, among
other matters, make additions to the Leased Property, amend the schedule of Base Rentals and
make all other amendments necessary for the execution and delivery of Additional Certificates in
accordance with the provisions of the Indenture; and
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WHEREAS, the Lease provides that it may only be amended, changed, modified, or altered
as provided in the Indenture, and the Indenture provides that the Trustee and the City may amend
the Lease, without the consent of or notice to the owners of the 2019 Certificates to, among other
matters, make additions to the Leased Property, amend the Base Rentals and make all other
amendments necessary for the execution and delivery of Additional Certificates in accordance with
the provisions of the Indenture; and
WHEREAS, the Indenture provides that the Trustee may, with the written consent of the
City, but without the consent of or notice to the owners of the 2019 Certificates, enter into such
indentures or agreements supplemental thereto to, among other purposes, authorize the execution
and delivery of Additional Certificates for the purposes and under the conditions set forth in the
Indenture; and
WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting
Title 11, Article 57, Part 2, C.R.S., as amended (the “Supplemental Act”), provides that a public
entity, including the City, may elect in an act of issuance to apply all or any of the provisions of
the Supplemental Act; and
WHEREAS, there has been presented to the City Council and are on file with the City
Clerk the following: (i) the proposed form of the First Amendment to Site Lease; (ii) the proposed
form of the First Amendment to Lease; (iii) the proposed form of the Continuing Disclosure
Certificate to be provided by the City in connection with the execution and delivery of each series
of the 2022 Certificates (collectively, the “Disclosure Certificate”); (iv) the proposed form of the
Notice of Sale to be used in connection with the competitive sale of the 2022 Certificates in one
or more series (collectively, the “Notice of Sale”); and (v) the Preliminary Official Statement (the
“Preliminary Official Statement”) relating to the 2022 Certificates; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Original Lease and the First Amendment to Lease.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO as follows:
Section 1. Recitals Incorporated. The foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the City Council.
Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not
inconsistent with the provisions of this Ordinance) by the City Council or the officials, officers,
agents or employees of the City relating to the execution and delivery of the Amendments to Site
Lease and the Amendments to Lease, the acquisition, construction and installation of all or a
portion of the 2022 Project, and the sale, execution and delivery of the 2022 Certificates is hereby
ratified, approved and confirmed.
Section 3. Finding of Best Interests. The City Council hereby finds and determines,
pursuant to the Colorado Constitution, the laws of the State of Colorado and the Charter, that the
acquisition, construction and installation of all or a portion of the 2022 Project, and the financing
of the costs thereof, including the costs of issuance incurred in connection therewith, pursuant to
the terms set forth in the Site Lease (as amended by the Amendments to Site Lease), the Lease (as
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amended by the Amendments to Lease), the Indenture (as amended by the Supplemental
Indentures) and the Sale Certificate (hereinafter defined) are necessary, convenient, and in
furtherance of the City’s public purposes and are in the best interests of the City and the City
Council hereby authorizes and approves the same.
Section 4. Authority to Finance 2022 Project; Leased Property. The City Council
hereby finds and determines that it is in the best interests of the City to allow flexibility in the
timing of the 2022 Project to achieve the best available financing terms. Pursuant to the Charter,
the City Council hereby delegates to the City Manager the authority to determine whether it is in
the City’s best interest to finance all or a portion of the 2022 Project, and to determine whether to
finance all or a portion of the 2022 Project at one time or at different times. The 2022 Project may
be financed in whole or in part, and at such times as are determined by the City Manager to be in
the best interest of the City. The City shall not be obligated to finance all or any portion of the
2022 Project. In the event that the City Manager determines to finance the 2022 Project in phases,
all references herein to the 2022 Project shall collectively include all portions of the 2022 Project
financed pursuant to this Ordinance, whether such portions were financed in 2022 or in 2023.
The City Council hereby determines that the real property that shall be added to the Site
Lease and the Lease as Leased Property thereunder pursuant to the Amendments to Site Lease and
the Amendments to Lease shall be the McKee Strip Parcels, unless the City Council adopts a
resolution authorizing additional real property to be added as Leased Property under the Site Lease
and the Lease. The City Council delegates to the City Manager the authority to determine which
portions of the McKee Strip Parcels shall be added as Leased Property under the Site Lease and
the Lease in order to finance all or a portion of the 2022 Project. In the event that the 2022 Project
is financed in phases, the McKee Strip Parcels may be added to the Leased Property at different
times as determined by the City Manager to be in the best interests of the City. The City shall not
be obligated to add both McKee Strip Parcels as Leased Property under the Site Lease and the
Lease.
The delegation set forth in this Section 4 shall be effective for one year following the
effective date of this Ordinance.
Section 5. Supplemental Act; Parameters. The City Council hereby elects to apply all of
the provisions of the Supplemental Act to the Site Lease and the Lease, and in connection therewith
delegates to each of the City Manager and the Financial Officer of the City (the “Financial
Officer”) the independent authority to make any determination delegable pursuant to §11-57-
205(1)(a-i) C.R.S., as amended, in relation to the Amendments to Site Lease and the Amendments
to Lease, and to execute one or more sale certificates (collectively, the “Sale Certificate”) setting
forth such determinations, including without limitation, the term of the Site Lease (as amended by
the Amendments to Site Lease), the additional rental amount to be paid by the Trustee pursuant
to the applicable Amendment to Site Lease, the term of the Lease (as amended by the Amendments
to Lease), and the additional rental amount payable by the City pursuant to the applicable
Amendment to Lease, subject to the following parameters and restrictions:
a. In the event that the City finances only the portions of the 2022
Project consisting of the Golf Course Improvements and the
Maintenance Facility, the total additional consideration to be paid
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by the Trustee to the City pursuant to the Amendments to Site Lease
related thereto shall be not less than $8,000,000;
b. In the event that the City finances the portions of the 2022 Project
consisting of the Hughes Stadium Acquisition, the Golf Course
Improvements and the Maintenance Facility, the total additional
consideration to be paid by the Trustee to the City pursuant to the
Amendments to Site Lease related thereto shall not be less than
$16,500,000;
c. the term of the Site Lease shall not extend beyond December 31,
2048;
d. the maximum annual amount of the Base Rentals payable by the
City pursuant to all of the Amendments to Lease authorized by this
Ordinance that is attributable to the aggregate principal of and
interest on the 2022 Certificates shall not exceed $2,100,000;
e. the maximum total amount of Base Rentals payable by the City
pursuant to all of the Amendments to Lease authorized by this
Ordinance that is attributable to the aggregate principal of and
interest on the 2022 Certificates shall not exceed $24,000,000;
f. the Lease Term shall not extend beyond December 31, 2038; and
g. the purchase price of each series of the 2022 Certificates shall not
be less than 100% of the aggregate principal amount of such series.
Pursuant to §11-57-205 of the Supplemental Act, the City Council hereby delegates to each
of the City Manager and the Financial Officer the independent authority to receive bids for the
purchase of each series of the 2022 Certificates and to determine the best bid therefor in accordance
with the provisions of this Ordinance, and subject to the parameters set forth herein and the other
terms and provisions set forth in this Ordinance and the applicable Notice of Sale. The City
Manager and the Financial Officer are each hereby authorized to accept a binding bid for each
series of the 2022 Certificates. The 2022 Certificates or any portion thereof may be sold at
different times and may be sold to different purchasers as determined by the City Manager or the
Financial Officer to be in the best interests of the City. The purchaser of each series of the 2022
Certificates and the terms of the winning bid shall be set forth in the applicable Sale Certificate.
In the event that all or a portion of the 2022 Certificates are executed and delivered in
calendar year 2023, the City Manager and the Financial Officer shall have the authority to change
the name of such series and the series designation without further action by the City Council. All
references herein to the 2022 Certificates shall include all Additional Certificates issued pursuant
to the authority set forth in this Ordinance whether issued in calendar year 2022 or calendar year
2023.
The delegation set forth in this Section 5 shall be effective for one year following the date
hereof.
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The City Council hereby agrees and acknowledges that the net proceeds of the 2022
Certificates will be used, together with other available moneys of the City, to finance the costs of
acquiring, constructing and installing all or a portion of the 2022 Project and to pay costs of
issuance of the 2022 Certificates.
Section 6. Approval of Documents. The Amendments to Site Lease and the
Amendments to Lease, in substantially the forms of the First Amendment to Site Lease and the
First Amendment to Lease presented to the City Council and on file with the City Clerk, are in all
respects approved, authorized and confirmed, and the Mayor of the City is hereby authorized and
directed for and on behalf of the City to execute and deliver the Amendments to Site Lease and
the Amendments to Lease in substantially such forms, provided that such documents may be
completed, corrected or revised as deemed necessary by the parties thereto in order to carry out
the purposes of this Ordinance. The Disclosure Certificate in substantially the form of the
Disclosure Certificate presented to the City Council and on file with the City Clerk, is in all
respects approved, authorized and confirmed, and the Mayor of the City is hereby authorized and
directed for and on behalf of the City to execute and deliver a Disclosure Certificate in substantially
such form, in connection with each series of 2022 Certificates executed and delivered pursuant to
this Ordinance, provided that such document may be completed, corrected or revised as deemed
necessary by the parties thereto in order to carry out the purposes of this Ordinance.
The execution of the Amendments to Site Lease, the Amendments to Lease and one or
more Disclosure Certificates by the Mayor shall be conclusive evidence of the approval by the
City Council of such documents in accordance with the terms hereof and thereof.
Section 7. Competitive Sale of 2022 Certificates; Notice of Sale. The 2022
Certificates shall be sold by competitive sale in one or more series, and at one time or from time
to time, as determined by the City Manager to be in the best interests of the City, in accordance
with the applicable Notice of Sale. The City Council hereby approves the Notice of Sale in
substantially the form presented to the City Council and on file with the City Clerk, provided that
such Notice of Sale may be completed, corrected or revised as deemed necessary by the City
Manager in order to carry out the purposes of this Ordinance and to reflect the terms of the
applicable 2022 Certificates. The Financial Officer is hereby authorized and directed to cause the
Notice of Sale to be distributed to prospective bidders on the 2022 Certificates.
Section 8. Official Statement. The designation of the Preliminary Official Statement
by the Mayor or the City Manager as a “deemed final Official Statement” for purposes of Rule
15c2-12 of the Securities and Exchange Commission is hereby authorized and confirmed. A final
Official Statement, in substantially the form of the Preliminary Official Statement presented to the
City Council and on file with the City Clerk, is in all respects approved and authorized. The Mayor
is hereby authorized and directed to execute and deliver the final Official Statement, for and on
behalf of the City, in substantially the form and with substantially the same content as the
Preliminary Official Statement presented to the City Council and on file with the City Clerk,
provided that such document may be completed, corrected, or revised as deemed necessary by the
City Manager. The distribution of the Notice of Sale, the Preliminary Official Statement and the
final Official Statement to prospective purchasers of each series of the 2022 Certificates is hereby
ratified, approved, and authorized. The City Council hereby acknowledges and confirms that in
the event that the 2022 Certificates are sold in more than one series at different times, that the City
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will prepare a Preliminary Official Statement and an Official Statement for each such series and
that the Preliminary Official Statement and the Official Statement will be completed, corrected
and revised to reflect the applicable series being sold. The City Council authorizes all such
completions, corrections and revisions as deemed necessary by the City Manager.
Section 9. Direction to Act. The City Clerk is hereby authorized and directed to attest
all signatures and acts of any official of the City in connection with the matters authorized by this
Ordinance and to place the seal of the City on any document authorized and approved by this
Ordinance. The Mayor, the City Clerk, the City Manager, the Financial Officer, the City Attorney
and other employees and officials of the City are hereby authorized and directed to execute and
deliver for and on behalf of the City any and all additional certificates, documents and other papers,
and to perform all other acts that they may deem necessary or appropriate in order to implement
and carry out the transactions and other matters authorized by this Ordinance. The approval hereby
given to the various documents referred to above includes an approval of such additional details
therein as may be necessary and appropriate for their completion, deletions therefrom and
additions thereto as may be approved by the City Manager, in consultation with the City Attorney,
prior to the execution of the documents. The execution of any instrument by the appropriate
officers of the City herein authorized shall be conclusive evidence of the approval by the City of
such instrument in accordance with the terms hereof.
The Mayor, the City Clerk, the City Manager, the Financial Officer, the City Attorney and
any other employee or official of the City that is authorized or directed to execute any agreement,
document, certificate, instrument or other paper in accordance with this Ordinance (collectively,
the “Authorized Documents”) are hereby authorized to execute Authorized Documents
electronically via facsimile or email signature. Any electronic signature so affixed to any
Authorized Document shall carry the full legal force and effect of any original, handwritten
signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the
Uniform Electronic Transactions Act.
The execution of any document or instrument by the appropriate officers of the City herein
authorized, whether executed manually or by electronic signature in accordance with Title 24,
Article 71.3, C.R.S., shall be conclusive evidence of the approval by the City of such document or
instrument in accordance with the terms hereof.
Section 10. No General Obligation Debt. No provision of this Ordinance, the Site
Lease, the Lease, the Indenture, the Disclosure Certificate, the Notice of Sale, the Preliminary
Official Statement, the final Official Statement or the Certificates shall be construed as creating or
constituting a general obligation or other indebtedness or multiple fiscal year financial obligation
of the City within the meaning of any constitutional, statutory or Charter provision, nor a
mandatory charge or requirement against the City in any ensuing fiscal year beyond the then
current fiscal year. The City shall have no obligation to make any payment with respect to the
Certificates except in connection with the payment of the Base Rentals and certain other payments
under the Lease, which payments may be terminated by the City in accordance with the provisions
of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or
requirement of the City in any ensuing fiscal year beyond the then current fiscal year or constitute
or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation
of the City within the meaning of any constitutional, statutory or Charter debt limitation and shall
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not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever.
No provision of the Site Lease, the Lease or the Certificates shall be construed or interpreted as
creating an unlawful delegation of governmental powers nor as a donation by or a lending of the
credit of the City within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution.
Neither the Lease nor the Certificates shall directly or indirectly obligate the City to make any
payments beyond those budgeted and appropriated for the City’s then current fiscal year.
Section 11. Reasonableness of Rentals; Fair Market Value. The City Council hereby
determines and declares that the Base Rentals due under the Lease, as recalculated to reflect the
execution and delivery of the Amendments to Lease and the execution and delivery of the 2022
Certificates, in accordance with the parameters set forth in Section 5 hereof, constitute the fair
rental value of the Leased Property, as amended, and do not exceed a reasonable amount so as to
place the City under an economic compulsion to renew the Lease or to exercise its option to
purchase the Trustee’s leasehold interest in the Leased Property pursuant to the Lease. The City
Council hereby determines and declares that the period during which the City has an option to
purchase the Trustee’s leasehold interest in the Leased Property (i.e., the entire maximum term of
the Lease) does not exceed the useful life of the Leased Property.
The City Council hereby further determines that the additional amount of rental payments
to be received by the City from the Trustee pursuant to the Amendments to Site Lease, in the
minimum amounts set forth in Section 4(a) and 4(b) hereof, together with the rental amount
received from the Trustee in connection with the execution and delivery of the Original Site Lease,
is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the
Site Lease as provided therein.
Section 12. No Recourse against Officers and Agents. Pursuant to §11-57-209 of the
Supplemental Act, if a member of the City Council, or any officer or agent of the City acts in good
faith, no civil recourse shall be available against such member, officer, or agent for payment of the
principal, interest or prior redemption premiums on the Certificates. Such recourse shall not be
available either directly or indirectly through the City Council or the City, or otherwise, whether
by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the
acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person
purchasing or selling such Certificate specifically waives any such recourse.
Section 13. Repealer. All ordinances, resolutions, bylaws, orders, and other
instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw,
order, or other instrument, or part thereof, heretofore repealed.
Section 14. Severability. If any section, subsection, paragraph, clause or other
provision of this Ordinance for any reason is held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause or other provision shall not affect
any of the remaining provisions of this Ordinance, the intent being that the same are severable.
Section 15. Charter Controls. Pursuant to Article XX of the State Constitution and the
Charter, all State statutes that might otherwise apply in connection with the provisions of this
Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
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provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any
such inconsistency or conflict is intended by the City Council and shall be deemed made pursuant
to the authority of Article XX of the State Constitution and the Charter.
Introduced, considered favorably on first reading and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
____________________________________
Mayor
ATTEST:
City Clerk
Passed and adopted, without amendment, on final reading this 7th day of June, A.D. 2022.
____________________________________
Mayor
ATTEST:
City Clerk
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Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Joanne Cech, Fiscal Recovery Manager
Blaine Dunn, Accounting Director
SUBJECT
Second Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s
American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID -19 Pandemic.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid-cycle appropriation
of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support
pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team
because they address immediate needs for both community and enterprise r ecovery. These projects align with
the City’s Recovery Plan and have also been reviewed by Council Finance Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF)
2. Ordinance No. 063, 2022 (PDF)
7
Packet Pg. 119
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Joanne Cech, Fiscal Recovery Manager
Blaine Dunn, Accounting Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s
American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID-19 Pandemic.
EXECUTIVE SUMMARY
The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M
of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed
and selected by the Recovery Executive Lead Team because they address immediate needs for both community
and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by
Council Finance Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Federal American Rescue Plan Act (ARPA) established $1.9 trillion in COVID-19 relief funding, including
$360 billion State and Local Fiscal Recovery Funds (SLFRF) to aid state and local fiscal recovery. $28.1M of
SLFRF has been allocated to the City of Fort Collins, directly from the United States Treasury. These funds are
designed to provide flexibility so each recipient can meet unique local needs, including support for the
communities and businesses hardest hit by the pandemic.
The ten high-ranked projects are listed below. A full breakdown of the projects, including brief descriptions, can
be found in Attachment 2.
PROJECT NAME COST CONTRACTUAL
FTE REQUESTED
Crisis Communication Plan $130,000 0
0BHeartside Hill $1,100,000 0
Indigenous Community Relations Specialist $313,217 1
Rapid Rehousing $201,000 0
Neighborhood Resilience Projects $40,000 0
Recovery Administration Funding $250,000 3*
Capital Project Business Liaison $275,000 1**
HR Staff Support $268,000 3
COVID-Related Hybrid Meeting Spaces and
Community Wi-Fi
$1,300,000 0
Cyber Risk Management $275,000 0
ATTACHMENT 1
COPY7.1
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Agenda Item 13
Item # 13 Page 2
*Contractual FTEs already approved, not counted in
total Contractual FTEs
**Classified position, approved by exception process
$4,152,217 5
Some of the proposed projects include requests for contractual FTEs (note that all ARPA-funded FTEs are
contractual with the exception of the FTEs for the Mental Health Response Team and one FTE for the Capital
Project Business Liaison position, which had been approved as a classified exception hire prior to being funded
with ARPA through 2024). The need for the contractual FTEs is due to:
• Ongoing impacts of the City’s hiring freeze in 2020-2021 and a high turnover rate,
• additional administrative needs for the implementation of recovery programming,
• and increased need for engagement and relationship building with the community to provide support and
build resilience.
Proposed projects tie to a variety of Recovery Outcomes across three of the Recovery Themes identified in the
City’s Resilient Recovery Plan. No projects related to Environmental Resilience were brought forward for
consideration for mid-cycle appropriation because it is challenging to tie those types of projects to the pandemic
as required per federal ARPA spending rules. However environmental-related projects are being put forward to
be funded by ARPA in the 2023-24 BFO. A breakdown of which Recovery Themes and Outcomes mid-cycle
projects and previously funded ARPA projects tie to can be found in Attachment 3.
CITY FINANCIAL IMPACTS
This Ordinance will increase the total appropriations in the General Fund by $4,152,217. These funds are coming
directly from the City’s portion of the ARPA SLFRF distribution and must meet requirements laid out by the U.S.
Treasury Department for eligible uses. All projects have been determined to be eligible uses under the grant
rules.
ATTACHMENTS
1. Allocations to Date (PDF)
2. 2022 Mid-Cycle Project Breakdown (PDF)
3. Project Ties to Recovery Themes and Outcomes (PDF)
4. Powerpoint Presentation (PDF) COPY7.1
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ORDINANCE NO. 063, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM A PORTION OF THE CITY’S
AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FOR LOCAL FISCAL RECOVERY
RELATED TO THE COVID-19 PANDEMIC
WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American Rescue
Plan Act into law (“ARPA”), which established the Coronavirus Local Fiscal Recovery Fund
(“CLFRF”) intended to provide support to local governments in responding to the impacts of the
Novel Coronavirus 2019 (“COVID-19”) on their communities, residents, and businesses; and
WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how
ARPA funds may be used, which includes: supporting public health expenditures; addressing
negative economic impacts; replacing lost public sector revenue; providing premium pay for
essential workers; and investing in water, sewer and broadband infrastructure; and
WHEREAS, the City’s allocation of funds from the CLFRF totals $28,118,971, of which
the City Council has previously appropriated approximately $8.2 million; and
WHEREAS, City staff has identified some current needs consistent with U.S. Treasury
Department guidance to include financial support and expenditures for: public health; to address
negative economic impacts; to invest in broadband infrastructure; and to replace lost public sector
revenue for the provision of government services; and
WHEREAS, City staff presented to the City Council Finance Committee on May 5, 2022
proposed new appropriations totaling $4,152,217 from the City’s CLFRF funds to address the
identified needs; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of responding to the immediate and short-term
community health, social wellbeing, and economic needs arising from the negative impacts of the
COVID-19 pandemic; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the Interim 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 this Fund
during this fiscal year; and
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WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or private
grant or donation or the City’s expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein from ARPA as
an appropriation that shall not expire until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
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 new grant revenue in the General
Fund the sum of FOUR MILLION ONE HUNDRED FIFTY-TWO THOUSAND TWO
HUNDRED SEVENTEEN DOLLARS ($4,152,217) to be expended in the General Fund for a
crisis communication plan, Heartside Hill, Indigenous Community Relations Specialist, Rapid
Rehousing, Neighborhood Resilience projects, Recovery Administration funding, Capital Project
Business Liaison, Human Resources staff support, COVID-19 related hybrid meeting spaces and
Community WiFi and Cyber Risk Management.
Section 3. That the appropriation herein from the Federal American Recovery Plan Act
(ARPA) is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 7th day of June, A.D. 2022.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
7.2
Packet Pg. 124 Attachment: Ordinance No. 063, 2022 (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Michelle Provaznik, Director, Gardens on Spring Creek
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 065, 2022, Making a Supplemental Appropriation of Fiscal Recovery Funds
from Larimer County to the Cultural Services and Facilities Fund for Paid Interns.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and Facilities
Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services Department and Volunteer
Services Division. This appropriation includes $149,559 of grant revenues awarded on April 1, 2022, by the
Larimer County Economic and Workforce Development Department. The Workforce In novation Grant’s
funding source is the federal American Rescue Plan Act and will be available until December 31, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Larimer County Economic and Workforce Development Department received nearly $4 million from the
American Rescue Plan to provide services to individuals directly impacted by the effects of the COVID -19
Pandemic. It launched the Workforce Innovation Grant process to distribute t he funds to support training for
the unemployed and underemployed during times of substantial unemployment. Paid internship programs fit
the criteria for the Workforce Innovation Grant and local governments were eligible to apply.
As many City internships are unpaid, The Gardens on Spring Creek partnered with Neighborhood Services
and Volunteer Services to create a cohesive intern strategy and program utilizing 42 paid internships over the
course of two years. Unpaid internships place additional burden o n students already facing financial hardships
in the aftermath of the pandemic.
This project was one of nine applications selected to be awarded a grant totaling $149,599, fully funding the
program. Funding must be used by December 31, 2024. The Interim City Manager has executed a
subrecipient agreement with Larimer County to govern the grant.
CITY FINANCIAL IMPACTS
The Gardens appropriations in the Cultural Services and Facilities Fund would increase by $149,559 from
2022-2024 and shared with Neighborh ood Services and Volunteer Services per the awarded grant application.
There are no matching fund requirements.
ATTACHMENTS
1. Larimer County Workforce Grant Application (PDF)
8
Packet Pg. 125
Larimer County Workforce Innovation Grant Application
Organization Name (primary applicant)
The City of Fort Collins
Proposal Title
City of Fort Collins Paid Internships
Grant Overview
Please provide an overview of your proposal. We recommend that you describe your organization,
the problem that you are trying to solve, the proposed solution and expected outcomes.
The City of Fort Collins aims to provide exceptional service for an exceptional community through its
diverse departments including The Gardens on Spring Creek, Neighborhood Services and Volunteer
Services.
The Gardens on Spring Creek is the botanic garden of Northern Colorado. It is part of the City of Fort
Collins’ Cultural Services Department. In addition, The Gardens works closely with two nonprofit partners:
the Butterfly Pavilion for operations and the Friends of the Gardens on Spring Creek for capital and
operational fundraising.
Neighborhood Services is a City of Fort Collins department that promotes healthy, quality neighborhoods
through a variety of services and programming, including neighbor mediation services, community building
programs, code enforcement, and more.
The Gardens and Neighborhood Services work closely with Volunteer Services, a part of the City’s Human
Resources Department. Most internships with the City are volunteer-based and therefore fall under
Volunteer Services. The Gardens, Neighborhood Services and Volunteer Services departments are working
together to create a cohesive intern strategy and program utilizing paid interns.
Students across many university departments are encouraged or expected to complete an internship to
obtain their degree. As noted in Colorado’s Work-Based Learning Continuum, internships “support career
readiness and include extended direct interaction with professionals from industry and the community.”
However, internships are often unpaid and require students to pay for the credits needed to complete the
internship. This is often a financial burden on students already facing financial hardships, especially in the
aftermath of the Covid-19 pandemic.
We are seeking funding to expand paid internship opportunities across multiple City of Fort Collins
departments: The Gardens on Spring Creek, Neighborhood Services, and Volunteer Services. This grant
would allow us to fund up to 42 paid internships over the course of two years.
By creating paid opportunities for students to support career readiness, we expect to increase students’
skillsets to better prepare them for quality jobs, while decreasing the financial burden an unpaid internship
can cause.
Total Amount Requested - Awards are reimbursement only. Reimbursements will be made
monthly upon receipt of valid expense documentation.
1
ATTACHMENT 1 8.1
Packet Pg. 126 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
$149,559
Proposal timeframe: Projects can be 12 - 24 months beginning as early as April 1, 2022 and should conclude
by June 30, 2024.
Approximate star t date: 05-16-2022
Dat e
f ield. Approximate end date: 05-16-2024
Dat e
Organizatio n Details
Organization Name (prima ry applicant)
The Ci ty o f Fo rt Co lli ns
Doing Business As (DBA) if different tha n the organization name.
The Ci ty o f Fo rt Co lli ns
Ple ase select organization Type from the drop down me nu.
Publi c and Private Secto r E mplo yers, E mplo yer Organi zatio n o r Trade Asso ci ati o ns
Organization Website
www.fcgo v.co m
Address
2145 Centre A ve
Fo rt C o ll ins , C o l o rado , 80526
Organization Mission
E xceptio nal s ervice fo r an excepti o nal co mmuni ty
Number of full time employees
2178
Number of part time employee s
71
Approximate Number of volunteers
3935
Prima ry contact for this proposal
H annah Kri k o rian
Phone Number
(970) 481-2482
2
8.1
Packet Pg. 127 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Email
hk ri k o rian@fcgo v.co m
Organizatio n Overview
The responses prov ided in this section are for informational purposes and will not eliminate an
organiz ation from consideration.
How long ha s your organization been in busine ss?
Mo re than ten years
Is your organization a dequately equipped to store a nd protect sensitive information?
Yes
Does your financial system provide for the control a nd tracking of proposa l expenses?
Yes
If needed, plea se provide context on any of the organiza tional overview questions a bove.
The addres s pro vided abo ve is o f The Gardens o n Spring C reek , the wo rk department l o cation o f the
primary co ntact.
Ple ase provide your most recent audit report or current year financial statements (balance sheets
a nd profit and loss statement). Not sure what to provide? Please contact us at lcewd-
gra nt@larimer.org for help.
pdf Gardens on Spring Creek 2022 Financials.pdf
Ple ase provide any context on your financial report(s).
A ttached is the 2022 financial budget fo r The Gardens o n Spring C reek . If yo u are lo o k ing fo r so mething
el se, please let us k no w and we can get that info rmation fo r yo u. The C ity o f Fo rt C o ll ins budgets can be
fo und at www.fcgo v.co m/citymanager/budget.php
If your organization is submitting more tha n one proposal, which is your top proposal priority?
N /A
Program Design and
Sup p lemental Resp o nses
3
8.1
Packet Pg. 128 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Sub-Applicant: The organiza tion that submits the grant proposal is the lead a pplicant and is
responsible for a ll program and financia l gra nt compliance. Lead applicants may provide funds to
sub-a pplicants. Please list how you would distribute funds to sub-applicants, including funding
a mounts.
N /A
Describe the unmet need(s) or problem(s) addressed by your proposa l. How does this unmet nee d
or problem impact Larimer County? What evidence do you have to support?
One of the reco mmendatio ns in the 2020 Co lo rado Talent Pipel ine Repo rt is to "prio ritize the incorpo ratio n
o f a transferable s k ill s trai ni ng curri cul um i nto academi c i ns titutio ns at the seco ndary and po stseco ndary
level to i ncrease the mark et val ue o f degrees and credenti als ." Many academic institutio ns inco rpo rate
internshi ps into their degree and credenti al req ui rements to achieve thi s. Interns hips are a valuabl e aspect
o f a student’s transiti o n fro m the traditio nal cl as sro o m into the wo rk fo rce, but thes e i nternships are o ften
uno btainabl e fo r many due to vari o us o bstacles.
The N ati o nal Survey o f Co llege Interns hips 2021 Repo rt surveyed 6,407 students who identified o bstacl es
preventing them fro m purs ui ng and tak ing an i nternship. Of the surveyed students s o me o f the mo st
co mmo n reas o ns fo r no t o btai ning an interns hip were the lack o f k no wledge abo ut ho w to find an
internshi p (59.4%), a heavy co urse lo ad (55.9%), cancellatio n due to Co vid-19 (44.2%), lack o f interns hip
o ppo rtuniti es (41.3%), havi ng to wo rk a jo b (40.1%), and insufficient pay o ffered (31.6%). Al tho ugh so me o f
tho se o bstacl es are o ut o f o ur co ntro l , we can address so me o f them thro ugh o ur pro po sal.
A study fro m the N ati o nal Interns hip & Co -o p i ndicated that 64% o f s tudents wo uld have to wo rk a seco nd
jo b if they accepted an unpai d i nternship. When a s tudent’s primary res po ns i bi l ity is to thei r s tudies, i t
beco mes di ffi cult to j uggle s cho o l, an internship, and a j o b. N ow mo re than ever, the i mpacts o f C o vi d-19
increase the eco no mic pressure o n the s tudent and thei r parents maki ng unpaid internships unrealis tic fo r
many. By pro vidi ng paid interns hips, students wil l no t have to choo s e between accepti ng an unpaid
internshi p, wo rk i ng a part-time j o b, o r attempti ng to do bo th. We expect that this wi ll allo w learners the
o ppo rtunity to partici pate ful ly i n the interns hi p experi ence.
A no ther o bstacl e i denti fied i s the lack o f interns hip o ppo rtuniti es . In 2020, Larimer Co unty had 46,541
s tudents enro lled i n higher educatio n i ns titutio ns. Thi s number represents the fal l term enro l l ment at bo th
C o l o rado State Uni vers i ty and Fro nt Range Co mmunity Co llege as repo rted by the Col o rado Department o f
H igher E ducatio n. This i s a l arge number o f students who are s eek ing mo re o ppo rtuni ties to gain
transferable s k il ls. The NSCI 2021 repo rt al so identifi ed students i n Bio lo gical Sciences , A gri culture, and
N atural Res o urces havi ng the l arges t l ack o f i nternship o ppo rtunities. The Gardens o n Spri ng Creek, o ne
o f the Ci ty o f Fo rt Co llins departments , will intro duce ten new paid internshi p positi o ns i n thi s fi el d
thro ugh this grant.
Describe how your proposal will improve outcomes for workers and students and/or increa se
employer enga gement. Wha t are the anticipated outcome s and how will you collect, measure,
a na lyze and interpret the data for these outcomes?
This pro posal wi ll acco mplis h two go als . The first go al is to co nnect l earners wi th q ual i ty j o bs wi thi n the
C ity of Fo rt C o ll i ns thro ugh direct interactio n with pro fess i o nal s. The s eco nd go al i s to i ncreas e eq uitabl e
acces s by remo ving financial barriers fo r individual s o r ho us eho lds i mpacted by the C o vid-19 pandemic.
We wi l l co nnect learners with q uality jo bs thro ugh direct interactio n wi th pro fess io nal s by pro vi ding an
increase in interns hip o ppo rtunities and a di vers i ty o f experiences to expl o re career paths within the Ci ty
o f Fo rt C o ll ins. We will meas ure this go al by tracki ng the i ncrease in number o f i nternships o ffered and
regi strati o n numbers fo r s cheduled career s hado wi ng o ppo rtunities pro vi ded thro ugh o ur internshi p
4
8.1
Packet Pg. 129 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
pro gram.
Our seco nd go al , to increase eq ui table access by remo ving fi nancial barri ers fo r indivi dual s o r ho useho lds
impacted by the Co vi d-19 pandemic, wi ll be achieved by o ffering paid internshi ps . We wi l l measure this
o utcome by ask i ng s tudents to self-discl o s e i f they o r thei r famili es have experienced ho useho l d i nco me
o r jo b lo ss since March 2020 and/o r were unable to acces s o r co nti nue educatio n o r traini ng becaus e o f
C o vid-19. A dditio nally, thro ugh an end o f seas o n survey, we will ask interns a series o f q uesti o ns to
determine whether funding impacted thei r abil ity to parti cipate i n their i nternship experience.
How does this proposal support upwa rd mobility, wealth generation, economic inclusion and/or
educa tional outcomes for underserve d populations or communities?
A study fro m the N ati o nal Interns hip & Co -o p fo und that 74% o f students who s e famil y’s ho useho l d
inco me i s l es s than $80,000 per year beli eve earning mo ney i s an i mpo rtant co ns ideratio n when cho o s i ng
an i nternshi p. This stati sti c suggests that internshi p sites that do no t pro vide mo netary co mpensatio n
o ften favo r students o f higher so cio eco no mic status . U npaid internshi ps exclude large numbers o f l o w-
inco me and/o r wo rki ng students fro m parti cipati ng.
By creati ng paid interns hip o ppo rtunities, we can el iminate the barrier o f entry that many students fro m
unders erved po pul ati o ns o r co mmuniti es wo uld o therwi se face. This, i n turn, s uppo rts more eq uitabl e
o ppo rtuniti es fo r upward mo bil ity.
How does the proposal support innovative, loca lly driven solutions to respond to community
needs?
This pro posal is a co llabo ratio n between multipl e departments wi thi n the C i ty o f Fo rt Co lli ns . This will
al lo w participants the o ppo rtunity to gain expo sure and explo re di fferent career paths thro ugh different
departments acro s s the ci ty.
Does your proposal have support from community organizations such as local chambers of
commerce, non-profits, busine sses, faith-base d organizations, or other pa rtnerships? If so, please
tell us a bout the support.
N /A
Does your orga niza tion intend to sustain the project after the grant funding e nds? If so please
describe.
E ach Department will eval uate their internship pro gram to determi ne its effectiveness in meeting the
departments needs and tho s e o f the students . Tho se results will determi ne if the department s eek s
funding thro ugh the C ity’s budgeti ng pro ces s o r fro m pri vate so urces to co ntinue funding the interns hips.
Goals and Objectiv es
In the next secti o n pl ease share yo ur pro po sal go al s and o bj ectives fo r achi eving those go als. Fo r
reference:
5
8.1
Packet Pg. 130 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Go als are general guideli nes that expl ain what yo u want to achieve in yo ur co mmunity that are tied
to the Workfo rce Inno vatio n Grant fo cus areas.
Obj ectives defi ne strategies o r implementati o n steps to attain the i denti fied goals . U nl i ke go al s,
o bj ectives are speci fic, measurable, and have a defined co mpl eti o n date.
Ple ase share your proposal goal.
C o nnect learners with q uality jo bs within the City o f Fo rt C o l l ins thro ugh direct interacti o n wi th
pro fes sio nals .
First Objective for Goal 1
We wi l l pro vide an increas e i n i nternship o ppo rtuni ties.
Second Objective for Goal 1 (optional)
We wi l l pro vide a divers ity o f experiences to expl o re career paths wi thi n the Ci ty o f Fo rt Co lli ns.
Me asurement(s) of Succe ss
By tracki ng the i ncrease in number o f i nternships o ffered and regi strati o n numbers fo r s cheduled career
s hado wi ng o ppo rtuni ties pro vided thro ugh o ur interns hi p pro gram. A ll i nterns wil l partici pate in at least
two career shado wing o ppo rtuniti es in o ther departments.
Number of people or businesses served for goal 1.
42
Associa ted costs to fund the proposal (include cost deta ils in budge t template).
$0
Goal S tart and End Date
Approximate star t date: 05-16-2022
Dat e
field. Appr oximate end date: 05-16-2024
Date
Ple ase share your proposal goal and indicate objectives and metrics to a ttain the goal.
Increase eq ui table access by remo ving fi nancial barri ers fo r i ndivi duals o r ho useho lds impacted by the
C o vid-19 pandemic.
First Objective for Goal 2
We wi l l remo ve the fi nanci al barri er by paying interns.
Me asurement(s) of Succe ss
We wi l l ask students to self-dis cl o s e i f they o r thei r families have experienced ho usehol d i nco me o r jo b
lo ss s i nce March 2020 and/o r were unabl e to access o r co ntinue educati o n o r training because of the
pandemi c. Additional ly, thro ugh an end o f s easo n s urvey, we wi l l ask interns a series o f q ues tio ns to
determine whether funding impacted thei r abil ity to parti cipate i n their i nternship experience.
Number of people or businesses served
42
Associa ted costs to fund the proposal (include cost deta ils in budge t template).
6
8.1
Packet Pg. 131 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
$149,559
Objective Start Date
Mo nday, May 16, 2022
Objective End Date
Thursday, May 16, 2024
Bud get Info rmation
Ple ase provide your project budget. In the project budget column, enter whole numbers only. Do
not use dolla r signs, decimals or comma s
0 1 2 3
#E xpens es (E nglis h & E spano l )
Pro j ect Budget (see
abo ve fo r fo rmat
no tes )
N o tes
1 Pers o nnel/Sal ari es
Pers o nal/Salario s 133510 42 internship po si tio ns (refer to page
two o f attached budget fo r break do wn)
2 Fringe benefits Benefi cio s
co mplementario s 13351 10% o f each sal ary (refer to page two o f
attached budget fo r break do wn)
3 Supplies/eq uipment
Sumini stro s /eq uipo 2698 Uni fo rms, l apto p (refer to page three o f
attached budget fo r break do wn)
4 Subco ntracts Subco ntrato s
5
Li st o ther expenses belo w
E numere o tro s gas to s a
co ntinuació n
6
7
8
9
1
0
1
1
1
2
1
3
7
8.1
Packet Pg. 132 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
0 1 2 3
1
4 To tal 149559
1
5
1
6
Ple ase share a ny additional budget information.
Please refer to the attached budget fo r mo re i nfo rmatio n.
Is the re anything else you would like to uploa d (below) or further explain to support your
a pplication?
We have attached o ur pro gram budget fo r yo u to lo o k o ver. Please let us k no w if we can supply yo u with
any additio nal info rmati o n to cl ari fy o ur pro po sal.
Optiona l opportunity to uploa d any supporting
informa tion.
pdf City of Fort Collins Paid I nternships Program …
R equired Sig nature
The si gnato ry belo w certifies that, to the best o f hi s/her knowledge and beli ef, the i nfo rmatio n contained
in the Larimer C o unty Wo rk fo rce Inno vati o n Grant i ncluding all attachments , is true, accurate and
co mpl ete. The s ignato ry belo w has autho rity to make the abo ve attestati o ns and the i ntent and legal
autho rizatio n to agree to them o n the o rganizatio n’s behalf.
Name
H annah Kri k o rian
8
8.1
Packet Pg. 133 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Item Cost Notes
Salaries 133,510.00$ 42 internship positions (refer to page 2 for breakdown)
Fringe Benefits 13,351.00$ 10% of each salary (refer to page 2 for breakdown)
Supplies/Equipment 2,698.00$ Uniforms, laptop (refer to page 3 for breakdown)
Total Cost of Proposal:149,559.00$
City of Fort Collins Paid Internships Budget
City of Fort Collins Paid Internships Budget 1
8.1
Packet Pg. 134 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost
Special Events SUMMER 1 13.00$ 200 2,600.00$ 260.00$ 2,600.00$ 260.00$ 2,860.00$
Education Programs SUMMER 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Education Programs FALL 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Teen Program Mentor SUMMER 1 13.00$ 240 3,120.00$ 312.00$ 3,120.00$ 312.00$ 3,432.00$
Greenhouse Propagator SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
General Horticulture SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
Curatorial Intern SUMMER 1 13.00$ 150 1,950.00$ 195.00$ 1,950.00$ 195.00$ 2,145.00$
Fruit and Vegetable Gardener SUMMER 1 13.00$ 360 4,680.00$ 468.00$ 4,680.00$ 468.00$ 5,148.00$
Volunteer Coordination SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
Youth Project Coordinator SUMMER 2 13.00$ 180 2,340.00$ 234.00$ 4,680.00$ 468.00$ 5,148.00$
Neighborhood Services SUMMER 2 13.00$ 240 3,120.00$ 312.00$ 6,240.00$ 624.00$ 6,864.00$
Neighborhood Services FALL 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$
17 52,650.00$ 5,265.00$ 57,915.00$
Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost
Special Events SUMMER 1 13.00$ 200 2,600.00$ 260.00$ 2,600.00$ 260.00$ 2,860.00$
Education Programs SPRING 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Education Programs SUMMER 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Education Programs FALL 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Teen Program Mentor SUMMER 1 13.00$ 240 3,120.00$ 312.00$ 3,120.00$ 312.00$ 3,432.00$
Greenhouse Propagator SPRING 1 13.00$ 225 2,925.00$ 292.50$ 2,925.00$ 292.50$ 3,217.50$
Greenhouse Propagator SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
General Horticulture SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
Curatorial Intern SUMMER 1 13.00$ 150 1,950.00$ 195.00$ 1,950.00$ 195.00$ 2,145.00$
Fruit and Vegetable Gardener SUMMER 1 13.00$ 360 4,680.00$ 468.00$ 4,680.00$ 468.00$ 5,148.00$
Volunteer Coordination SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$
Youth Project Coordinator SUMMER 2 13.00$ 180 2,340.00$ 234.00$ 4,680.00$ 468.00$ 5,148.00$
Neighborhood Services SPRING 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$
Neighborhood Services SUMMER 2 13.00$ 240 3,120.00$ 312.00$ 6,240.00$ 624.00$ 6,864.00$
Neighborhood Services FALL 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$
22 70,655.00$ 7,065.50$ 77,720.50$
Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost
Education Programs SPRING 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$
Greenhouse Propagator SPRING 1 13.00$ 225 2,925.00$ 292.50$ 2,925.00$ 292.50$ 3,217.50$
3 10,205.00$ 1,020.50$ 11,225.50$
42 133,510.00$ 13,351.00$
Total Cost:146,861.00$
Spring/Fall (15 weeks)
10 hours/week = 150
13 hours/week = 200
15 hours/week = 225
20 hours/week = 300
40 hours/week = 600 40 hours/week = 480
Volunteer Services
City of Fort Collins Department Key
2023 Internship Salaries
2022 Internship Salaries
2024 Internship Salaries
Total Internships:
The Gardens on Spring Creek
Neighborhood Services
Summer (12 weeks)
10 hours/week = 120
12.5 hours/week = 150
15 hours/week = 180
20 hours/week = 240
City of Fort Collins Paid Internships Budget 2
8.1
Packet Pg. 135 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
Item Quanitity Unit Cost Total Cost Notes
Uniform Shirts 80 8.75$ 700.00$ Gardens - Helluva Design
Nametags 26 5.00$ 130.00$ Gardens
Gloves 26 5.50$ 143.00$ Gardens - ULINE
Uniform Shirts 15 15.00$ 225.00$ Neighborhood Services
Laptop 1 1,500.00$ 1,500.00$ Neighborhood Services
2,698.00$
Supplies/Equipment Budget
Supplies Total:
City of Fort Collins Paid Internships Budget 3
8.1
Packet Pg. 136 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation)
-1-
ORDINANCE NO. 065, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FISCAL RECOVERY FUNDS FROM
LARIMER COUNTY TO THE CULTURAL SERVICES AND FACILITIES FUND FOR
PAID INTERNS
WHEREAS, Larimer County’s Economic and Workforce Development Department
(“EWDD”) received nearly $4 million in American Rescue Plan Act (ARPA) funds to assist
individuals directly impacted by the effects of the COVID-19 Pandemic; and
WHEREAS, the EWDD created the Workforce Innovation Grant process to distribute
these ARPA funds to support training for unemployed and underemployed individuals during
times of substantial unemployment; and
WHEREAS, City staff from the Gardens on Spring Creek partnered with the
Neighborhood Services Department and the Volunteer Services Division to create a cohesive
intern strategy and program that will fund 42 paid City internships over the course of two years
(“the Program”); and
WHEREAS, the EWDD selected the Program for funding through the Workforce
Innovation Grant process, awarding a grant totaling $149,599, which fully funds the Program;
and
WHEREAS, the Interim City Manager, on behalf of the City, has executed a subrecipient
agreement with Larimer County to govern the grant; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of funding a workforce development
program; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Cultural Services and Facilities Fund and will not cause the total amount appropriated in the
Cultural Services and Facilities Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but
Packet Pg. 137
-2-
continue until the earlier of the expiration of the federal, state or private grant or the City’s
expenditure of all funds received from such grant; and
WHEREAS, the City Council wishes to designate the appropriation herein from the
Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for the
Program as an appropriation that shall not lapse until the earlier of the expiration of the grant or
the City’s expenditure of all funds received from such grant.
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 new revenue or other funds in the
Cultural Services and Facilities Fund the sum of ONE HUNDRED FORTY-NINE THOUSAND
FIVE HUNDRED FIFTY-NINE DOLLARS ($149,559) to be expended in the Cultural Services
and Facilities Fund for the Program.
Section 3. That the appropriation herein from the Fiscal Recovery Funds from
Larimer County to the Cultural Services and Facilities Fund for the Program is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that
shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 138
-3-
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 139
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Brian Hergott, Facilities Project Manager
Tracy Ochsner, Assistant Operations Services Director
Jill Hueser, Chief Judge
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office
and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to address
urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the City Attorney’s
Office are jointly requesting this appropriation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Municipal Court was moved into its current location at 215 N orth Mason in 2007 when the Justice Center
became over-crowded and required the court to vacate the space. This location was available at the time, was
empty and could provide a temporary court space with minimal renovations. There have been limited space
changes since 2007 to address the most severe safety and security needs, but little to addres s changes in
staffing and operations. The City has spent a total of $637,350 over the last 15 years (including initial move -in
costs), but court caseloads have continued to grow and programming has expanded over the years. The
Court and the City Attorney’s Office (which is responsible for the prosecution function and needs office/work
space at Municipal Court) have hired more staff to handle these caseloads and new programs.
Municipal Court has submitted BFO offers in the past to address these issues, bu t no funding has been
recommended or approved. Staff again plans to submit two new offers in the 2023 -2024 BFO process,
requesting funding for a plan that would address projected space needs for Municipal Court and related
operations for a 15- or 30-year time horizon. Both options would require more than doubling the current space
and will be multimillion dollar projects. While staff continues work on the long -term plan, there are urgently
needed modifications to enable the court in the interim to provide a higher standard of public access and
service, meet current hearing schedules, and provide appropriate space for the increased staff.
As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have
a workspace, and there is not adequate space for defendants to discuss their cases with prosecutors without
their conversations being overheard. Staff continues to address the safety and security needs for employees
and the public.
In 2021, Clark Enersen completed a thorough study of the Court’s current space and future space needs. They
9
Packet Pg. 140
Agenda Item 9
Item # 9 Page 2
identified the current space size and its limitations and developed both 15-year and 30-year plans addressing
standard space requirements for courts.
This funding request will address the urgent needs for an interim period while phasing and final plans are
approved and can move forward. The planned renovations to be completed with these funds are aligned with
the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address
any renovations to the courtroom.
CITY FINANCIAL IMPACTS
The $700,000 funding will come from General Fund Reserves. $693,000 will be expensed in the General Fund
for the renovation and $7,000 will be transferred to the Cultural Services & Facilities Fund for Art in Public
Places.
BOARD / COMMISSION RECOMMENDATION
This request was presented to Council Finance on May 4, 2022, and the Committee expressed support for
bringing this item to Council to request the necessary funding.
PUBLIC OUTREACH
No specific public outreach was done, but the Courts do receive complaints from the public about the current
process and inadequate space to meet with attorneys regarding their cases.
ATTACHMENTS
1. Council Finance Committee Minutes (PDF)
2. First Floor Demo Plan (PDF)
3. Floor Plan (PDF)
4. Renovation Cost Estimate (PDF)
9
Packet Pg. 141
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
AGENDA
Council Finance & Audit Committee
June 2, 2022
4:00 - 6:00 pm
Zoom Meeting https://zoom.us/j/8140111859
Approval of Minutes from the May 5, 2022, Council Finance Committee meeting.
1.Capital Projects – Inflationary Impacts (3 projects)
30 mins. B. Buckman
M. Martinez
2. Sustainable Funding Update
60 mins. G. Sawyer
J. Poznanovic
3. Parks Design Standards Review 30 mins. K. Friesen
V. Shaw
M. Calhoon
Other Memo Attached: 401(a) Restated Adoption Agreements
Page 1 of 109
ATTACHMENT 1 9.1
Packet Pg. 142 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
out, we would be looking for most likely General Fund ongoing in order to ensure the continuity of that program
within Police Services.
B. Municipal Court Supplemental Appropriation
Judge Jill Hueser
Brian Hergott, Lead Sr. Facilities Project Manager
Ingrid Decker, Sr. Assistant City Attorney
Tracy Ochsner, Interim Ops Services Director
EXECUTIVE SUMMARY:
Municipal Court and the City Attorney’s Office are jointly requesting $700,000.00 in appropriations from General
Fund Reserves to address urgent needs at 215 N Mason.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance support the appropriations of funds to address the urgent needs for Municipal Court and
the City Attorney’s Office?
BACKGROUND/DISCUSSION
Municipal Court was moved into its current location at 215 N Mason in 2007 when the Justice Center became
over-crowded and required the court to vacate the space. This location was available at the time, was empty
and could provide a temporary court space with minimal renovations. There have been minimal space changes
since 2007 to address safety and security needs, but little to address growth needs. The City has spent a total of
$637,350 over the last 15 years (including initial move-in costs), but court caseloads have continued to grow and
expand programming, and the Court and the City Attorney’s Office (which is responsible for the prosecution
function and needs office/workspace at Municipal Court) have hired more staff to handle these caseloads.
Municipal Court has put in BFO offers in the past to address these issues, but no funding has been awarded.
Staff again plans to submit two new offers this year requesting funding for a plan that would address projected
needs for a 15- or 30-year time horizon. Both of these options would require more than doubling the current
space and will be multimillion dollar projects. While we work through the long-term plan, we need to address
some urgent needs so that we can provide a higher standard of public access and service, meet current hearing
schedules, and provide appropriate space for the increased staff. As it stands, both the Court and the City
Attorney’s Office have staff funded and ready to onboard who do have a workspace, and we do not have
adequate space for defendants to discuss their cases with prosecutors without their conversations being
overheard. We continue to address the safety and security needs for employees and the public.
In 2021 Clark Enersen completed a thorough study of the Court’s current space and future space needs. They
identified the current space size and its limitations and developed both 15 year and 30-year plans addressing
standard space requirements for courts.
The plan we bring before you today will address our urgent needs and get us by for an interim period while
phasing and final plans are approved and can move forward. The planned renovations to be completed with
these funds are aligned with the plans from Clark Enersen so that they will be incorporated into the final plan.
However, they do not address any renovations to the courtroom.
Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to address these urgent needs
which will allow us to properly serve the community and begin work towards a plan that will fully meet the
Court’s needs in the near future.
Page 9 of 109
9.1
Packet Pg. 143 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance support the appropriations of funds to address the urgent needs for Municipal Court and
the City Attorney’s Office?
DISCUSSION / NEXT STEPS:
Emily Francis; I am a yes – Can you share why we were asked to leave the Justice Center?
Jill Heuser; In 2007 we were kicked out of the justice center as they were running out of space. We had a
courtroom there but they decided they needed it for state court.
Emily Francis; have we revisited conversations with them about space recently?
Jill Heuser; we have – they have had bond measures fail a couple of times for expansion - they actually kicked
out their probation department recently and added 2 new judges in the legislative session last year so they are
looking to add another courtroom.
Emily Francis; the AIS mentions a 15 year and a 300-year plan – is the long term intention for you to stay in the
space you are currently using?
Jill Hueser: the 30 year plan requires building an extension on the building – after Ops Services assessment, we
have been told we should plan on staying in our current building long term
Emily Francis; previous BFO offer wasn’t moved forward? We have needed updates to this building for a long
time - wondering what held up the BFO offers
Jill Hueser; The BFO lead team asked up to come back with a detailed plan that would meet our needs for a
longer period of time - I don’t know what the result was prior to me becoming judge.
Kelly Ohlson; I am fine with what is presented
Staff was right to say give us your long-term plan – we are not tearing out in four years what we just put in.
I prefer the 30-year plan – 15 is still a short time frame
Julie Pignataro; I am supportive as well – confirming that the Civic Center Master plan does not include a justice
center?
Brian Hergott; we are still working through the space planning exercise for the new municipal building -
We have come up with a plan where they can stay at 215 Mason
Julie Pignataro; I have heard overwhelming support from Council to do what we can to modernize and
make the justice center more user friendly.
Jill Hueser; I agreed with the BLT Lead Team in let’s do this right the first time. If this is approved, you won’t see
us coming back in a few years - I am very confident that if we go forward with one of the plans it will last for the
amount of time that we are asking for.
Page 10 of 109
9.1
Packet Pg. 144 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
AGENDA
Council Finance & Audit Committee
May 5, 2022
4:00 – 6:00 pm
Zoom Meeting https://zoom.us/j/8140111859
Approval of Minutes from the April 7, Council Finance Committee meeting.
1.Recovery Plan – 2022 Mid-Cycle Appropriation
45 mins. J. Cech
B. Dunn
2. Municipal Court Supplemental Appropriation
30 mins. B. Hergott
I.Decker
T. Ochsner
3. Light & Power Supplemental Appropriation 30 mins.A. Bromley
L.Smith
Page 1 of 89
9.1
Packet Pg. 145 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
Council Finance Committee
Agenda Planning Calendar 2022
RVSD 04/22/22 ts
May 5th 2022
Recovery Plan – 2022 Mid-Cycle Appropriation 45 min J. Cech
B. Dunn
Municipal Court Supplemental Appropriation 30 min
B. Hergott
I. Decker
T. Ochsner
Light & Power Supplemental Appropriation 30 min A. Bromley
L. Smith
June 2nd 2022
Capital Projects – Inflationary Impacts (3 projects) 30 min B. Buckman
M. Martinez
Sustainable Funding Update 60 min J. Poznanovic
G. Sawyer
Parks Design Standards Review 30 min
K. Friesen
V. Shaw
M. Calhoon
July 7th 2022
2021 Fund Balance Review 30 min B. Dunn
Capital Projects – Inflationary Impact (All projects) D. Lenz
S. Freve
August 1st 2022
Page 2 of 89
9.1
Packet Pg. 146 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
COUNCIL FINANCE COMMITTEE
AGENDA ITEM SUMMARY
Staff:
Date: May 5, 2022
SUBJECT FOR DISCUSSION: Municipal Court’s Urgent Needs
EXECUTIVE SUMMARY:
Municipal Court and the City Attorney’s Office are jointly requesting $700,000.00 in
appropriations from General Fund Reserves to address urgent needs at 215 N Mason.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance support the appropriations of funds to address the urgent needs for
Municipal Court and the City Attorney’s Office?
BACKGROUND/DISCUSSION
Municipal Court was moved into its current location at 215 N Mason in 2007 when the Justice
Center became over-crowded and required the court to vacate the space. This location was
available at the time, was empty and could provide a temporary court space with minimal
renovations. There have been minimal space changes since 2007 to address safety and security
needs, but little to address growth needs. The City has spent a total of $637,350 over the last 15
years (including initial move-in costs), but court caseloads have continued to grow and expand
programming, and the Court and the City Attorney’s Office (which is responsible for the
prosecution function and needs office/work space at Municipal Court) have hired more staff to
handle these caseloads.
Municipal Court has put in BFO offers in the past to address these issues, but no funding has
been awarded. Staff again plans to submit two new offers this year requesting funding for a plan
that would address projected needs for a 15- or 30-year time horizon. Both of these options
would require more than doubling the current space and will be multimillion dollar projects.
While we work through the long-term plan, we need to address some urgent needs so that we can
provide a higher standard of public access and service, meet current hearing schedules, and
provide appropriate space for the increased staff. As it stands, both the Court and the City
Attorney’s Office have staff funded and ready to onboard who do have a workspace, and we do
not have adequate space for defendants to discuss their cases with prosecutors without their
conversations being overheard. We continue to address the safety and security needs for
employees and the public.
Page 46 of 89
9.1
Packet Pg. 147 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
In 2021 Clark Enersen completed a thorough study of the Court’s current space and future space
needs. They identified the current space size and its limitations, and developed both 15 year and
30 year plans addressing standard space requirements for courts.
The plan we bring before you today will address our urgent needs and get us by for an interim
period while phasing and final plans are approved and can move forward. The planned
renovations to be completed with these funds are aligned with the plans from Clark Enersen so
that they will be incorporated into the final plan. However, they do not address any renovations
to the courtroom.
Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to address
these urgent needs which will allow us to properly serve the community and begin work towards
a plan that will fully meet the Court’s needs in the near future.
ATTACHMENTS:
1. Demo Floor Plan
2. New Floor Plan
3. Current Budget
Page 47 of 89
9.1
Packet Pg. 148 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
PROJECT BUDGET
PROJECT:215 N Mason - 1st Flr Muni-Court Urgent Needs Renovation CLIENT:Municipal Courts PHONE:
ADDRESS: CONTACT:Patty Netherton FAX:
LOCATION:Fort Collins, CO ADDRESS 215 N. Mason EMAIL:
COUNTY:Larimer LOCATION:Fort Collins, CO DATE:Updated 4/22/22
PROJECT DESCRIPTION AREA (SF):3,000 DURATION (wk):48 Weeks
Estimator:Brian Hergott - Op Services DESIGN:10 WEEKS
Permitting 8 WEEKS
INDIRECT COST CONSTRUCTION:30 Weeks
COST EXTENDED SUBCONTRACTOR /
CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER
01000 Building Permit Fees ($2680 +1410)0 0 0 0 0 4,090 4,090
01000 PFA Permit Fees ($2458)0 0 0 0 0 2,458 2,458
01020 Real Estate 0 0 0 0 0 0 0
01030 Environmental Services (Asbestos Testing)0 0 0 0 0 1,600 1,600
01035 Engineering & Surveying Services 0 0 0 0 0 0 0
01040 Geo-tech Services 0 0 0 0 0 0 0
01050 Material Testing Services 0 0 0 0 0 0 0
01060 Architectural Design Services 0 0 0 0 0 26,000 26,000
01070 PMPD Project Mgt Services (6 Mo X $4,000)0 0 0 0 0 24,000 24,000
01080 Energy Modeling 0 0 0 0 0 0 0
01090 Commissioning Services 0 0 0 0 0 8,000 8,000
02000 IT - data cabling Install 0 0 0 0 0 15,000 15,000
02002 IT - Added Computures, Phones & Install 0 0 0 0 0 8,000 8,000
02003 IT - Infrastructure Upgrades 0 0 0 0 0 10,000 10,000
02005 Security Cameras 0 0 0 0 0 3,000 3,000
02006 FF&E - New Cubicales/Sit-Stand desk 0 0 0 0 0 52,000 52,000
02010 Water Tap Fees 0 0 0 0 0 0 0
02015 Electrical Fees 0 0 0 0 0 0 0
02020 Sanitary Sewer Fee 0 0 0 0 0 0 0
02025 LEED Certification 0 0 0 0 0 0 0
02030 Art in Public Places 0 0 0 0 0 6,400 6,400
10500 Building Signage - Interior 0 0 0 0 0 3,500 3,500
Building Signage - Exterior 0 0 0 0 0 1,000 1,000
08870 Door Access Control 0 0 0 0 0 5,000 5,000
19080 Owner Contingency 10% of Construction 0 0 0 0 0 47,000 47,000
TOTAL INDIRECT COST ……………………………………..0 0 0 0 0 217,048 217,048
DIRECT COST
COST EXTENDED SUBCONTRACTOR /
CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER
01000 Contractor General Conditions (6 Mo. X $6,000)0 0 31,680 0 0 0 31,680
01010 Contractor - Supervision 1/2 time (6 Mo x $7,000)0 0 0 21,000 10,500 0 31,500
01010 Field Office Exp. (Use City Space)0 0 0 0 0 0 0
01050 Vehicle & Fuel Exp. (7 Mo x $900) 4,900 0 1,400 0 0 0 6,300
01060 Misc. Const. Expenses (Computer, phone, Etc.)0 0 3,000 0 0 0 3,000
01062 Construction Surveying 0 0 0 0 0 0 0
01841 Environmental (No Asbestos) 0 0 0 0 0 0 0
01841 Dust Partitions for Work Areas 500 800 0 1,500 750 2,000 5,550
01890 Trash Removal (5 Dumpsters X $400)0 0 2,000 1,100 550 0 3,650
01900 General Cleanup (3,000 SF X .5)0 0 0 1,500 750 0 2,250
01910 Final Clean Building 0 0 0 0 0 2,400 2,400
02070 Exterior Site Demolition (New Egress Door)0 0 0 0 0 3,500 3,500
02071 Interior Demolition (Salvage Doors & Frames)500 0 1,000 1,500 750 0 3,750
02072 Interior Demolition (Demo Walls)400 0 1,000 4,500 2,250 0 8,150
02073 Interior Demolition (Ceilings)500 0 600 1,875 938 0 3,913
02074 Interior Demolition (Flooring=3,000 SF)200 0 700 3,000 1,500 0 5,400
02076 Interior Demolition Electrified Windows 200 0 200 1,050 525 0 1,975
02200 Earthwork 0 0 0 0 0 0 0
02200 Errosion Control 0 0 0 0 0 0 0
02200 Utilities (None)0 0 0 0 0 0 0
03300 Footings & Foundations 0 0 0 0 0 0 0
03301 Vapor Barrier 0 0 0 0 0 0 0
03314 CIP Flatwork (Exterior Sidewalk)0 0 0 400 200 1,800 2,400
03251 Concerte Pumping 0 0 0 0 0 0 0
04200 Masonry 0 0 0 0 0 1,800 1,800
05120 Structural Steel 0 300 0 0 0 0 300
05200 Structural Stud Framing 0 0 0 0 0 0 0
05501 Metal Fabrications 0 0 0 0 0 0 0
06100 Misc. Carpentry - Wood blocking 80 350 100 850 425 0 1,805
06400 Finish Carpentry - New Chairrails & Clerk Counter 50 2,100 200 1,875 938 0 5,163
07160 Foundation Damproofing 0 0 0 0 0 0 0
07210 Foundaiton Insulation 0 0 0 0 0 0 0
07211 Batt Insulation (Sound Batt between Rooms)200 1,800 0 750 375 0 3,125
08200 Doors and Frames (8 Doors)100 6,400 1,200 2,400 1,200 0 11,300
08411 Windows/Glass (Clerks)100 1,800 300 1,200 600 0 4,000
08700 Alluminum Door, Frames -Egress Door 0 0 0 0 0 3,800 12,000
08800 Mirrors 0 0 0 0 0 0 0
08850 Door Hardware 400 7,200 500 2,400 1,200 0 11,700
08860 OH Coiling Fire Door 150 1,800 160 960 480 600 4,150
08870 Skylights 0 0 0 0 0 0 0
08880 Glass & Glazing (Clerk Window)25 20 0 450 225 0 720
09200 Metal Stud Framing 0 0 0 0 0 12,900 12,900
09260 Gypsum Drywall Finishes (Includes Patchwork)0 0 0 0 0 18,600 18,600
09511 Acoustical Ceiling 0 0 0 0 0 15,000 15,000
09650 Flooring 0 0 0 0 0 25,000 25,000
09690 Tile 0 0 0 0 0 0 0
09900 Painting/Staining 0 0 0 0 0 12,600 12,600
09901 Sealed Concrete 0 0 0 0 0 0 0
09950 FRP 0 0 0 0 0 0 0
10522 Fire Extinguishers 0 0 0 0 0 600 600
10600 Toilet & Bath Accessories 0 0 0 0 0 0 0
10800 Lockers 0 0 0 0 0 0 0
11500 Window Blinds - 0 0 0 0 0 8,730 8,730
15200 Fire Sprinkler (Add @ Storage Rm)0 0 0 0 0 4,200 4,200
15300 Fire Sprinkler Adjustments 0 0 0 0 0 4,400 4,400
15400 Plumbing (Remove Breakroom Sink)0 0 0 0 0 800 800
15500 HVAC - Mechanical Systems 0 0 0 0 0 46,800 46,800
15510 HVAC - Mechanical Controls 0 0 0 0 0 28,500 28,500
15550 Test & Balance 0 0 0 0 0 1,660 1,660
16000 Electrical 0 0 0 0 0 37,500 37,500
16002 Phone/Data Conduits 0 0 0 0 0 3,000 3,000
16004 Fire Alarm 0 0 0 0 0 4,500 4,500
TOTAL HARD CONSTRUCTION COST …………………………………………………………………………………………………………………3,405 22,570 7,960 27,310 13,655 240,690 412,121
NIGHT/WEEKEND WORK SURCHARGE 4.00%16,485
ESTIMATING AND CONSTRUCTION CONTINGENCY ………………………………………………………………………………………3.00%12,364
SUBCONTRACTOR BONDS………………………………………………………………………………………………………………….0.1%386
PAYMENT AND PERFORMANCE BOND ………………………………………………………………………………………………………..1.00%4,820
CONTRACTORS FEE ………………………………………………………………………………………8.00%35,694
VALUATION FOR BOND:482,000
TOTAL CONTRACTOR PRICE ………………………………………………………………………………………………………………………$481,869 $160.62 Per SF
TOTAL PROJECT BUDGET - 2022………………………………………………………………………………………………………………………$698,916.84 $232.97
TOTAL PROJECT BUDGET - 2023 (6% Escalation)………………………………………………………………………………………………………………………$740,851.86 Cost per SF
TOTAL PROJECT BUDGET - 2024 (6% Escalation)………………………………………………………………………………………………………………………$785,302.97
TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$832,421.14
TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$882,366.41
This estimate is for cost if project is to be designed and constructed in 2022, if the project is further out you will need to add a 6% acceleration cost per year.
Renovate several areas of the north end of first floor of 215 N Mason for
Municipal Court to create more space and better work to serve public.
Page 50 of 89
9.1
Packet Pg. 149 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs)
Presented by:
Municipal Courts Phase I
Urgent Needs Request
05-05-22
Jill Hueser
Chief Judge -Municipal Court
Brian Hergott
Lead Sr. Facilities Project Manager
Page 51 of 89
9.1
Packet Pg. 150 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
2Council Finance Meeting
Does Council Finance support a joint request for
appropriations of funds to address the urgent needs for
Municipal Court and the City Attorney’s needs at 215 N.
Mason?
Page 52 of 89
9.1
Packet Pg. 151 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
3Council Finance Meeting
Municipal Court was moved into its current location at 215 N Mason in 2007 when
the Justice Center became over-crowded and required the court to vacate the space.
This location was available at the time, was empty and could provide a temporary
court space with minimal renovations. There have been minimal space changes
since 2007 to address safety and security needs, but little to address growth needs.
The City has spent a total of $637,350 over the last 15 years (including initial
move-in costs), but court caseloads have continued to grow and expand
programming, and the Court and the City Attorney’s Office (which is responsible
for the prosecution function and needs office/work space at Municipal Court) have
hired more staff to handle these caseloads.
Page 53 of 89
9.1
Packet Pg. 152 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
4Council Finance Meeting
Municipal Court has put in BFO offers in the past to address these issues, but no
funding has been awarded. Staff again plans to submit two new offers this year
requesting funding for a plan that would address projected needs for a 15-or 30-
year time horizon. Both of these options would require more than doubling the
current space and will be multimillion dollar projects. While we work through the
long-term plan, we need to address some urgent needs so that we can provide a
higher standard of public access and service, meet current hearing schedules, and
provide appropriate space for the increased staff. As it stands, both the Court and
the City Attorney’s Office have staff funded and ready to onboard who do have a
workspace, and we do not have adequate space for defendants to discuss their cases
with prosecutors without their conversations being overheard. We continue to
address the safety and security needs for employees and the public.
Page 54 of 89
9.1
Packet Pg. 153 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
5Council Finance Meeting
In 2021 Clark Enersen completed a thorough study of the Court’s current space and future
space needs. They identified the current space size and its limitations, and developed both
15 year and 30 year plans addressing standard space requirements for courts.
The plan we bring before you today will address our urgent needs and get us by for an
interim period while phasing and final plans are approved and can move forward. The
planned renovations to be completed with these funds are aligned with the plans from
Clark Enersen so that they will be incorporated into the final plan. However, they do not
address any renovations to the courtroom.
Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to
address these urgent needs which will allow us to properly serve the community and begin
work towards a plan that will fully meet the Court’s needs in the near future.
Page 55 of 89
9.1
Packet Pg. 154 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
6Council Finance Meeting
Current Conditions –This looks like the Public main Entrance –Not Courts
Page 56 of 89
9.1
Packet Pg. 155 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
7Council Finance Meeting
Current Conditions –This is the Entrance for Municipal Courts on North end
Page 57 of 89
9.1
Packet Pg. 156 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
8Council Finance Meeting
Current Conditions -Courtroom with Very Limited Space
Page 58 of 89
9.1
Packet Pg. 157 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
9Council Finance Meeting
Current Conditions –Intake Security Processing
Page 59 of 89
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Packet Pg. 158 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
10Council Finance Meeting
Current Conditions –Prosecutors Offices –3 sharing this repurposed space
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9.1
Packet Pg. 159 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
11Council Finance Meeting
Current Conditions –Probation Offices –sharing this repurposed space
Page 61 of 89
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Packet Pg. 160 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
12Council Finance Meeting
Current Conditions –Prosecutors Meeting Space (Repurposed from Breakroom)
Page 62 of 89
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Packet Pg. 161 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
13Council Finance Meeting
Current Conditions –Clerk Processing Windows with Traffic Arrows for Public
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Packet Pg. 162 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
14Council Finance Meeting
Current Conditions –Admin Area at full Capacity
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Packet Pg. 163 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
15Council Finance Meeting
Current Conditions –Large Storage Space we could use with Urgent Needs
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Packet Pg. 164 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
16Council Finance Meeting
First Floor North –Shows Area to be modified for Urgent Needs Request
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Packet Pg. 165 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
17Council Finance Meeting
First Floor North –New Updated floor plan for Urgent Needs Request
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9.1
Packet Pg. 166 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
18Council Finance Meeting
Is Council Finance supportive of staff’s
recommendation of appropriating $700,000
to address some urgent needs for Municipal
Court and City Attorney’s space at 215 N
Mason?
Page 68 of 89
9.1
Packet Pg. 167 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
QUESTIONS?
Page 69 of 89
9.1
Packet Pg. 168 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent
PR01
5
4
1
2
3
4
TELECOM
167
OFFICE
166
OFFICE
165
CLERK 1
163
OFFICE
161
CLERK 2
159
BREAK
160
WORK
164
STAIR
155
ELECTRICAL
143
MUNICIPAL COURT
156
INTAKE ROOM
152
OPEN OFFICE
162
LOBBY
168
HALL
148
REMOVE ALL ELECTROCHROMIC
WINDOWS, COUNTERTOPS & WALLS.
SALVAGE ELECTROCHROMIC
WINDOWS 1 & 4, PROTECT, & STORE
AT WAREHOUSE. RE-USE WINDOW 3
AT CLERK 4 OFFICE.
WAITING
139
MEETING
140
CONFERENCE
133
PROSECUTOR'S
OFFICE
145
PROBATION
147STORAGE
271
OFFICE
146
BREAK ROOM
137
CORRIDOR
136
VESTIBULE
144
WATER
186
WOMEN
134
REMOVE ALL WALL PANELS
REMOVE SINK, APRON, &
COUNTERTOP AT SINK
4' - 0"REMOVE DISHWASHER
REMOVE 16" UPPER CABINET
REMOVE 30" UPPER CAB.(3)CABS7' - 8"(3) CABS. -MOVE EAST TO
BUTT UP TO REMAINING
16" TALL CAB.
16" UPPER TALL CABINET
TO REMAIN
PROVIDE OPENING FOR NEW
36" WIDE DOOR
REMOVE ALL
EXISTING FURNITURE
PROVIDE OPENINGS FOR
NEW 36" WIDE DOORS
PROVIDE OPENINGS FOR
NEW 36" WIDE DOORS
CLERK 3
169
REMOVE ALL FURNITURE AND RE-
USE AT RE-LOCATED PROBATION
PROVIDE OPENING FOR
NEW 36" WIDE DOOR
REMOVE DOORS & FRAME
RE-MOVE DOOR FOR RE-USE
1
PROJECT
DATE
DRAWN
PRINTED FILE NAME: 2/17/2022 10:14:35 AM0000-Project-SD.rvtURGENT NEEDS
1st Floor Municipal Courts
Demolition
-
Author
10.06.21
MC04DSPACE PLANS215 North MasonNO ISSUE DATE
N 01 - MC - Urgent Needs Demolition 01
ATTACHMENT 2 9.2
Packet Pg. 169 Attachment: First Floor Demo Plan (11618 : Municipal Court's Urgent Needs)
ATTACHMENT 39.3Packet Pg. 170Attachment: Floor Plan (11618 : Municipal Court's Urgent Needs)
PROJECT BUDGET
PROJECT:215 N Mason - 1st Flr Muni-Court Urgent Needs Renovation CLIENT:Municipal Courts PHONE:
ADDRESS: CONTACT:Patty Netherton FAX:
LOCATION:Fort Collins, CO ADDRESS 215 N. Mason EMAIL:
COUNTY:Larimer LOCATION:Fort Collins, CO DATE:Updated 4/22/22
PROJECT DESCRIPTION AREA (SF):3,000 DURATION (wk):48 Weeks
Estimator:Brian Hergott - Op Services DESIGN:10 WEEKS
Permitting 8 WEEKS
INDIRECT COST CONSTRUCTION:30 Weeks
COST EXTENDED SUBCONTRACTOR /
CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER
01000 Building Permit Fees ($2680 +1410)0 0 0 0 0 4,090 4,090
01000 PFA Permit Fees ($2458)0 0 0 0 0 2,458 2,458
01020 Real Estate 0 0 0 0 0 0 0
01030 Environmental Services (Asbestos Testing)0 0 0 0 0 1,600 1,600
01035 Engineering & Surveying Services 0 0 0 0 0 0 0
01040 Geo-tech Services 0 0 0 0 0 0 0
01050 Material Testing Services 0 0 0 0 0 0 0
01060 Architectural Design Services 0 0 0 0 0 26,000 26,000
01070 PMPD Project Mgt Services (6 Mo X $4,000)0 0 0 0 0 24,000 24,000
01080 Energy Modeling 0 0 0 0 0 0 0
01090 Commissioning Services 0 0 0 0 0 8,000 8,000
02000 IT - data cabling Install 0 0 0 0 0 15,000 15,000
02002 IT - Added Computures, Phones & Install 0 0 0 0 0 8,000 8,000
02003 IT - Infrastructure Upgrades 0 0 0 0 0 10,000 10,000
02005 Security Cameras 0 0 0 0 0 3,000 3,000
02006 FF&E - New Cubicales/Sit-Stand desk 0 0 0 0 0 52,000 52,000
02010 Water Tap Fees 0 0 0 0 0 0 0
02015 Electrical Fees 0 0 0 0 0 0 0
02020 Sanitary Sewer Fee 0 0 0 0 0 0 0
02025 LEED Certification 0 0 0 0 0 0 0
02030 Art in Public Places 0 0 0 0 0 6,400 6,400
10500 Building Signage - Interior 0 0 0 0 0 3,500 3,500
Building Signage - Exterior 0 0 0 0 0 1,000 1,000
08870 Door Access Control 0 0 0 0 0 5,000 5,000
19080 Owner Contingency 10% of Construction 0 0 0 0 0 47,000 47,000
TOTAL INDIRECT COST ……………………………………..0 0 0 0 0 217,048 217,048
DIRECT COST
COST EXTENDED SUBCONTRACTOR /
CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER
01000 Contractor General Conditions (6 Mo. X $6,000)0 0 31,680 0 0 0 31,680
01010 Contractor - Supervision 1/2 time (6 Mo x $7,000)0 0 0 21,000 10,500 0 31,500
01010 Field Office Exp. (Use City Space)0 0 0 0 0 0 0
01050 Vehicle & Fuel Exp. (7 Mo x $900) 4,900 0 1,400 0 0 0 6,300
01060 Misc. Const. Expenses (Computer, phone, Etc.)0 0 3,000 0 0 0 3,000
01062 Construction Surveying 0 0 0 0 0 0 0
01841 Environmental (No Asbestos) 0 0 0 0 0 0 0
01841 Dust Partitions for Work Areas 500 800 0 1,500 750 2,000 5,550
01890 Trash Removal (5 Dumpsters X $400)0 0 2,000 1,100 550 0 3,650
01900 General Cleanup (3,000 SF X .5)0 0 0 1,500 750 0 2,250
01910 Final Clean Building 0 0 0 0 0 2,400 2,400
02070 Exterior Site Demolition (New Egress Door)0 0 0 0 0 3,500 3,500
02071 Interior Demolition (Salvage Doors & Frames)500 0 1,000 1,500 750 0 3,750
02072 Interior Demolition (Demo Walls)400 0 1,000 4,500 2,250 0 8,150
02073 Interior Demolition (Ceilings)500 0 600 1,875 938 0 3,913
02074 Interior Demolition (Flooring=3,000 SF)200 0 700 3,000 1,500 0 5,400
02076 Interior Demolition Electrified Windows 200 0 200 1,050 525 0 1,975
02200 Earthwork 0 0 0 0 0 0 0
02200 Errosion Control 0 0 0 0 0 0 0
02200 Utilities (None)0 0 0 0 0 0 0
03300 Footings & Foundations 0 0 0 0 0 0 0
03301 Vapor Barrier 0 0 0 0 0 0 0
03314 CIP Flatwork (Exterior Sidewalk)0 0 0 400 200 1,800 2,400
03251 Concerte Pumping 0 0 0 0 0 0 0
04200 Masonry 0 0 0 0 0 1,800 1,800
05120 Structural Steel 0 300 0 0 0 0 300
05200 Structural Stud Framing 0 0 0 0 0 0 0
05501 Metal Fabrications 0 0 0 0 0 0 0
06100 Misc. Carpentry - Wood blocking 80 350 100 850 425 0 1,805
06400 Finish Carpentry - New Chairrails & Clerk Counter 50 2,100 200 1,875 938 0 5,163
07160 Foundation Damproofing 0 0 0 0 0 0 0
07210 Foundaiton Insulation 0 0 0 0 0 0 0
07211 Batt Insulation (Sound Batt between Rooms)200 1,800 0 750 375 0 3,125
08200 Doors and Frames (8 Doors)100 6,400 1,200 2,400 1,200 0 11,300
08411 Windows/Glass (Clerks)100 1,800 300 1,200 600 0 4,000
08700 Alluminum Door, Frames -Egress Door 0 0 0 0 0 3,800 12,000
08800 Mirrors 0 0 0 0 0 0 0
08850 Door Hardware 400 7,200 500 2,400 1,200 0 11,700
08860 OH Coiling Fire Door 150 1,800 160 960 480 600 4,150
08870 Skylights 0 0 0 0 0 0 0
08880 Glass & Glazing (Clerk Window)25 20 0 450 225 0 720
09200 Metal Stud Framing 0 0 0 0 0 12,900 12,900
09260 Gypsum Drywall Finishes (Includes Patchwork)0 0 0 0 0 18,600 18,600
09511 Acoustical Ceiling 0 0 0 0 0 15,000 15,000
09650 Flooring 0 0 0 0 0 25,000 25,000
09690 Tile 0 0 0 0 0 0 0
09900 Painting/Staining 0 0 0 0 0 12,600 12,600
09901 Sealed Concrete 0 0 0 0 0 0 0
09950 FRP 0 0 0 0 0 0 0
10522 Fire Extinguishers 0 0 0 0 0 600 600
10600 Toilet & Bath Accessories 0 0 0 0 0 0 0
10800 Lockers 0 0 0 0 0 0 0
11500 Window Blinds - 0 0 0 0 0 8,730 8,730
15200 Fire Sprinkler (Add @ Storage Rm)0 0 0 0 0 4,200 4,200
15300 Fire Sprinkler Adjustments 0 0 0 0 0 4,400 4,400
15400 Plumbing (Remove Breakroom Sink)0 0 0 0 0 800 800
15500 HVAC - Mechanical Systems 0 0 0 0 0 46,800 46,800
15510 HVAC - Mechanical Controls 0 0 0 0 0 28,500 28,500
15550 Test & Balance 0 0 0 0 0 1,660 1,660
16000 Electrical 0 0 0 0 0 37,500 37,500
16002 Phone/Data Conduits 0 0 0 0 0 3,000 3,000
16004 Fire Alarm 0 0 0 0 0 4,500 4,500
TOTAL HARD CONSTRUCTION COST …………………………………………………………………………………………………………………3,405 22,570 7,960 27,310 13,655 240,690 412,121
NIGHT/WEEKEND WORK SURCHARGE 4.00%16,485
ESTIMATING AND CONSTRUCTION CONTINGENCY ………………………………………………………………………………………3.00%12,364
SUBCONTRACTOR BONDS………………………………………………………………………………………………………………….0.1%386
PAYMENT AND PERFORMANCE BOND ………………………………………………………………………………………………………..1.00%4,820
CONTRACTORS FEE ………………………………………………………………………………………8.00%35,694
VALUATION FOR BOND:482,000
TOTAL CONTRACTOR PRICE ………………………………………………………………………………………………………………………$481,869 $160.62 Per SF
TOTAL PROJECT BUDGET - 2022………………………………………………………………………………………………………………………$698,916.84 $232.97
TOTAL PROJECT BUDGET - 2023 (6% Escalation)………………………………………………………………………………………………………………………$740,851.86 Cost per SF
TOTAL PROJECT BUDGET - 2024 (6% Escalation)………………………………………………………………………………………………………………………$785,302.97
TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$832,421.14
TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$882,366.41
This estimate is for cost if project is to be designed and constructed in 2022, if the project is further out you will need to add a 6% acceleration cost per year.
Renovate several areas of the north end of first floor of 215 N Mason for
Municipal Court to create more space and better work to serve public.
ATTACHMENT 4 9.4
Packet Pg. 171 Attachment: Renovation Cost Estimate (11618 : Municipal Court's Urgent Needs)
-1-
ORDINANCE NO. 066, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE 215 NORTH MASON STREET RENOVATION FOR
MUNICIPAL COURT AND THE CITY ATTORNEY’S OFFICE AND RELATED ART IN
PUBLIC PLACES
WHEREAS, Fort Collins Municipal Court moved into its current location on the first
floor of the City’s office building at 215 North Mason Street in 2007 when the space the Court
formerly occupied in the Justice Center at 201 LaPorte Avenue was needed for use by the
Colorado Judicial Department;
WHEREAS, since 2007, minimal improvements to the space have been made to address
the most significant safety and security needs, but little has been done to space needs due to
increased caseloads, changes in staffing and operations and expanded programming; and
WHEREAS, work has been underway to thoroughly study the Court’s current space and
future space needs and the staff and consultant team has developed a 15-year and a 30-year
preliminary plan addressing standard space requirements for the Court and other needs for Court-
related programs and functions and for the City’s Attorney’s Office municipal prosecutors; and
WHEREAS, funding for longer-term improvements for Municipal Court and related
functions will be considered as part of the 2023-2024 Budgeting for Outcomes (“BFO”) process;
and
WHEREAS, while next steps on a long-term plan for Court improvements continue, it is
necessary to address urgent needs so that the Court and the municipal prosecutors can provide a
higher standard of public access and service, meet current hearing schedules, provide appropriate
space for increased staff, provide adequate space for defendants to discuss their cases with
prosecutors in private, and address safety and security needs for employees and the public; and
WHEREAS, this appropriation will address the urgent needs for an interim period while
phasing and final plans are approved; and
WHEREAS, the planned renovations to be completed with these funds (the “Project”) are
aligned with the plans that have been developed, so they will be in furtherance of and
incorporated into the final plan; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing adequate space and security
needs for employees and the public; and
WHEREAS, this Project involves construction estimated to cost more than $250,000 and,
as such, City Code Section 23-304 requires one percent of these appropriations to be transferred
to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program
(“APP Program”); and
Packet Pg. 172
-2-
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations 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 Interim City Manager has recommended the appropriations described
herein and determined that these appropriations are 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 these funds during this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds are to
be expended remains unchanged, the purpose for which the funds were initially appropriated no
longer exists, or the proposed transfer is from a fund or capital project in which the amount
appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation
ordinance; and
WHEREAS, the Interim City Manager has recommended the transfer of $7,000 from the
General Fund to the Cultural Services & Facilities Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the
renovation at 215 North Mason for Municipal Court and the City Attorney’s Office as an
appropriation that shall not lapse until the completion of the project.
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.
Packet Pg. 173
-3-
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of SEVEN HUNDRED THOUSAND DOLLARS ($700,000) to be expended in
the General Fund for the renovation at 215 North Mason for Municipal Court and the City
Attorney’s Office.
Section 3. That the unexpended and unencumbered appropriated amount of FIVE
THOUSAND FOUR HUNDRED SIXTY DOLLARS (5,460) in the General Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein to fund art projects under the APP Program.
Section 4. That the unexpended and unencumbered appropriated amount of ONE
THOUSAND FOUR HUNDRED DOLLARS ($1,400) in the General Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for
the operation costs of the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of ONE
HUNDRED FORTY DOLLARS ($140) in the General Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance
costs of the APP Program.
Section 6. That the appropriation herein for the renovation at 215 North Mason for
Municipal Court and the City Attorney’s Office is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal
year but continue until the completion of the project.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 174
-4-
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 175
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Maren Bzdek, Historic Preservation Planner
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing Transfers fr om
the General Fund of the State Historical Fund Grant to Produce a Historic Context Report of Civil Rights in Fort
Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical Fund,
awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from the 2022 Historic
Preservation Division survey grants budget to produce a history of civil rights in Fort Collins, a preliminary list
of associated, significant properties for planning purposes, and a prioritized list of related future projects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This project prepares a context report on the history of civil rights activities in Fort Collins. This thematic
context will outline the specific movements in support of civil rights of underrepresented groups and provide an
intersectional understanding of how they relate to each other and to the broader history of the com munity. The
project will also identify related historic resources that warrant future intensive -level surveys to determine their
relative importance to Fort Collins' history. That list will form the basis for educational tours and other
opportunities, including landmark designation. A list of related future projects that will serve the goal
recognizing the stories of historically excluded groups in Fort Collins will also be included for planning
purposes.
This project directly implements portions of the City Strategic Plan by promoting the Equity, Inclusion and
Diversity goals, “of cultivating a safe and welcoming community focusing on equitable engagement, outcomes
and service delivery for all, leading with race.”
CITY FINANCIAL IMPACTS
This Ordinance will appropriate a total of $94,130 in the General Fund to prepare a historic context report on
the history of civil rights in Fort Collins. These funds include $86,600 in grant funds awarded on March 7, 2022 ,
from the State Historical Fund of History Colorado, and $7,530 from the survey grants matching funds line in
the Historic Preservation Division's 2022 Budget in the General Fund. Because the project includes a final
phase of prioritized recommendations from consultants and community members, it will pro vide a tool for
targeting meaningful future offshoot projects that will allow the City to maximize any further investment of
funds.
10
Packet Pg. 176
Agenda Item 10
Item # 10 Page 2
PUBLIC OUTREACH
Grant application preparation in 2020 and 2021 included outreach to targeted stakeholder community groups
and individuals (BIack, Latinx, LGBTQIA, Jewish, AAPI, and Women's groups) to gauge interest in the project,
gather support for the application, and begin assembling a formal community stakeholder advisory committee.
Ten individuals have agreed to serve on the committee and act as community connectors for the project to
date, and a committee of research support advisors from Colorado State University, History Colorado,
FCMOD, and other entities is also on board for the project.
ATTACHMENTS
1. Grant Award Letter (PDF)
10
Packet Pg. 177
Page 1 of 10 Version 8.10.2021
GRANT AWARD LETTER COVER PAGE
INTERGOVERNMENTAL
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Higher Education, History Colorado, the Colorado Historical Society
SHF Grant Number
2022-01-066
Grantee
City of Fort Collins
Grant Issuance Date
Maximum Grant Amount
$86,600.00
Maximum Grant Percentage
92.00%
Grant End Date
Cash Match Amount
$7,530.00
Cash Match Percentage
8.00%
Encumbrance:
POGG1 2022*2
Agreement Authority
Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of
monies from the State Historical Fund (SHF).
Grant Purpose
The purpose of this project is to develop a historic context on civil rights movements of historically excluded groups in Fort
Collins, Colorado
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Scope of Work
2. Exhibit B, Budget
3. Exhibit C, Submittals & Deliverables
4. Exhibit D, SHF Provisions
5. Attachment 1, SHF Payment Request & Financial Report form
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. The provisions of the other sections of the main body of this Agreement.
2. Exhibit A, Scope of Work
3. Exhibit B, Budget
4. Exhibit C, Submittals & Deliverables
5. Exhibit D, SHF Provisions
Modifications
3/7/2024
3/7/2022
ATTACHMENT 1 10.1
Packet Pg. 178 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
Page 2 of 10 Version 8.10.2021
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince, Executive Director or Designee
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
History Colorado
Breanne Nugent, Contracts Officer
______________________________________________
By: Breanne Nugent or Designee
Date: _________________________
3/4/2022 3/7/2022
10.1
Packet Pg. 179 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
Page 3 of 10 Version 8.10.2021
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the
“State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the
“Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter.
By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the
terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this
Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the Grant
Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further
extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the
State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee
with an updated Grant Award Letter showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter
ceases to further the public interest of the State or if State, Federal or other funds used for this Grant
Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award
Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by
providing written notice to Grantee that includes, to the extent practicable, the public interest
justification for the termination. If the State terminates this Grant Award Letter in the public
interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement
payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily
completed, as determined by the State, less payments previously made. Additionally, the State, in its
discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise
reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable
to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach by
Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
B. “Business Day” means any day in which the State is open and conducting business, but shall not
include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-
11-101(1), C.R.S.
C. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
D. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited
authorities, and any future updates thereto.
E. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Grant Award Letter.
10.1
Packet Pg. 180 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
Page 4 of 10 Version 8.10.2021
F. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award
Letter.
H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this
Grant
I. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the
State through delivery of an updated Grant Award Letter
J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in
this Grant Award Letter and shall include any movable material acquired, produced, or delivered by
Grantee in connection with the Services.
K. “Incident” means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
L. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration
Date.
M. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant
Funds.
N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
O. “PII” means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an individual’s
identity, such as name, social security number, date and place of birth, mother’s maiden name, or
biometric records; and any other information that is linked or linkable to an individual, such as
medical, educational, financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
P. “Services” means the services to be performed by Grantee as set forth in this Grant Award Letter,
and shall include any services to be rendered by Grantee in connection with the Goods.
Q. “State Confidential Information” means any and all State Records not subject to disclosure under
CORA. State Confidential Information shall include, but is not limited to, PII, and State personnel
records not subject to disclosure under CORA. State Confidential Information shall not include
information or data concerning individuals that is not deemed confidential but nevertheless belongs
to the State, which has been communicated, furnished, or disclosed by the State to Contractor which
(i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without
restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly
available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential
Information.
R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant
to §24-30-202(13)(a), C.R.S.
S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending
on June 30 of the following calendar year. If a single calendar year follows the term, then it means
the State Fiscal Year ending in that calendar year.
T. “State Records” means any and all State data, information, and records, regardless of physical
form, including, but not limited to, information subject to disclosure under CORA.
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U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the
Work. “Subcontractor” also includes sub-grantees.
V. “Work” means the delivery of the Goods and performance of the Services described in this Grant
Award Letter.
W. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software
(including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials,
ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any
material that was developed prior to the Grant Issuance Date that is used, without modification, in
the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the
delivery of any goods or the performance of any services that are not specifically set forth in this Grant
Award Letter.
5. PROPERTY
N/A
6. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall
not pay Grantee any amount under this Grant that exceeds the Grant Amount for each State Fiscal
Year shown on the first page of this Grant Award Letter. Financial obligations of the State payable
after the current State Fiscal Year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee
for any Work performed or expense incurred before the Grant Issuance Date or after the Grant
Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before
the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award.
B. Matching Funds
Grantee shall provide the Cash Match Amount shown on the first page of this Grant Award Letter
and described in Exhibit B (the “Cash Match Amount”). Grantee shall appropriate and allocate all
Cash Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter
irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award
Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required
by Grantee’s laws or policies.
C. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount
described in this Grant Award Letter for all allowable costs described in this Grant Award Letter
and shown in the Budget, except that Grantee may adjust the amounts between each line item of the
Budget without formal modification to this Agreement as long as the Grantee provides notice to the
State of the change, the change does not modify the total maximum amount of this Grant Award
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Letter or the maximum amount for any state fiscal year, and the change does not modify any
requirements of the Work. The State shall only reimburse allowable costs if those costs are: (i)
reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii)
equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred).
D. Payments
i. Payment Requests and Financial Reporting
a. The State shall pay Grantee in the amounts and in accordance with the schedule and
other conditions set forth in Exhibit C.
b. Grantee shall initiate payment requests using Attachment 1 submitted to the State in a
form and manner approved by the State.
c. The acceptance of an invoice shall not constitute acceptance of any Work performed or
deliverables provided under this Agreement.
ii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall
notify the State in writing of its dispute within 30 days following the earlier to occur of
Grantee’s receipt of the payment or notification of the determination or calculation of the
payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. No payment subject to a dispute
under this subsection shall be due until after the State has concluded its review.
E. Close-Out
Grantee shall close out this Grant within 30 days after the Grant Expiration Date. To complete close
out, Grantee shall submit to the State all deliverables (including documentation) as defined in this
Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold
10% of grant award amount until all final documentation has been submitted and accepted by the
State as substantially complete.
7. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the end of
the close out described in §6.E, containing an evaluation and review of Grantee’s performance and
the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State
criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The
State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C.
3321, which may include, without limitation, suspension or debarment.
8. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and other
written materials, electronic media files, and communications, pertaining in any manner to this
Grant for a period of three years following the completion of the close out of this Grant. Grantee
shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during
normal business hours at Grantee’s office or place of business, unless the State determines that an
audit or inspection is required without notice at a different time to protect the interests of the State.
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B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using
procedures as determined by the State. The State shall have the right, in its sole discretion, to
change its monitoring procedures and requirements at any time during the term of this Agreement.
The State shall monitor Grantee’s performance in a manner that does not unduly interfere with
Grantee’s performance of the Work.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on
Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by
Grantee or a third party.
9. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all
State Records that the State provides or makes available to Grantee for the sole and exclusive
benefit of the State, unless those State Records are otherwise publically available at the time of
disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior
written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to
any third party, or permit the use by any third party for its benefit or to the detriment of the State,
any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for
the security of all State Confidential Information in accordance with all policies promulgated by the
Colorado Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the following:
(i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance
with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an
Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI
Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department
of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy
for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall
immediately forward any request or demand for State Records to the State’s principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to those
agents, employees, assigns and Subcontractors who require access to perform their obligations
under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this
Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or
Subcontractor has access to any State Confidential Information. Grantee shall provide copies of
those signed nondisclosure restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a
secure environment that ensures confidentiality of all State Confidential Information wherever
located. Grantee shall provide the State with access, subject to Grantee’s reasonable security
requirements, for purposes of inspecting and monitoring access and use of State Confidential
Information and evaluating security control effectiveness. Upon the expiration or termination of this
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Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and
certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or
regulation from returning or destroying State Confidential Information, Grantee warrants it will
guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with
the State regarding recovery, remediation, and the necessity to involve law enforcement, as
determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a
similar type of Incident in the future as directed by the State, which may include, but is not limited
to, developing and implementing a remediation plan that is approved by the State at no additional
cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices,
computer access security, data access security, data storage encryption, data transmission
encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as
defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent
with §§24-73-101 et seq., C.R.S.
10. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any
way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that,
with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s
interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities
or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations
under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a
conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement
setting forth the relevant details for the State’s consideration.
11. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial
policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all
insurance customary for the completion of the Work done by that Subcontractor and as required by the
State or the GIA.
12. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to
comply with any term or condition of this Grant, the State may terminate some or all of this Grant and
require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may
also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that
Grantee has ceased performing the Work without intent to resume performance, prior to the completion of
the Work.
13. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as, disputes concerning the performance of this Grant
that cannot be resolved by the designated Party representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager or official
designated by Grantee for resolution.
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14. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party and shall
provide this information to the other Party. All notices required or permitted to be given under this Grant
Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the
representative of the other Party. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this §13.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the
right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and
paid for with Grant Funds provided by the State pursuant to this Grant.
16. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, contained in these statutes.
17. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations
approved by the State shall be subject to the provisions of this Grant Award Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Grant Award
Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained herein
or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related to the Work,
oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the
updated letter. The Parties may also agree to modification of the terms and conditions of the Grant
in a formal amendment to this Grant, properly executed and approved in accordance with applicable
Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or
other authority shall be interpreted to refer to such authority then current, as may have been changed
or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal
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and State laws, rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued
under the State Fiscal Rules, then any agreement or consent to use digital signatures within the
electronic system through which that signatory signed shall be incorporated into this Contract by
reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the
validity or enforceability of any other provision of this Grant Award Letter, which shall remain in
full force and effect, provided that the Parties can continue to perform their obligations under the
Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or
expiration of the Grant shall survive the termination or expiration of the Grant and shall be
enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award Letter
does not and is not intended to confer any rights or remedies upon any person or entity other than
the Parties. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such right,
power, or privilege.
K. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as
amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most current
version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards and available at https://www.w3.org/TR/WCAG21/.
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Packet Pg. 187 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
City of Fort Collins Exhibit A
Historic Context
Project #2022-01-066
Page 1 of 1 Exhibit A
SCOPE OF WORK
I. Purpose:The purpose of this project is to develop a historic context on civil rights movements
of historically excluded groups in Fort Collins, Colorado.
II. Scope of Work is as follows:
A.Conduct Research and Community Engagement
1. Collaboration of City Staff, Community Ambassador Committee, and other
community stakeholders throughout the project to identify and collect
appropriate research materials and lists of potentially significant associated sites
to support the intersectional civil rights report.
2. Ambassador Committee will collaborate with consultant to identify source
material, act as cultural broker to invite participation and oral history
contributions from community members.
3. City Staff will facilitate contact with research partners; arrange for Spanish-
language interpretive services; provide existing sources and research materials,
etc.
4. Produce list of sources and bibliography, digital collection of research material,
draft list of associated historic sites; finalized, detailed report outline.
B.Prepare Historic Context Report
1. Write historic context on intersectional discrimination and civil rights in Fort
Collins including:
a) A history of discrimination and civil rights movements against
discrimination, splitting the topic logically between dominant identities
based on ethnicity, race, gender, sexual orientation, disability, and
religion, and addressing intersectionality among those identities.
b) Recommendations for intensive-level survey of sites that may be eligible
for historic designation at the local, state, and national levels, based on
reconnaissance survey.
c) Recommendations for interpretive strategies for non-extant sites (e.g.,
wayside signage)
d) Identification of, and recommendations to address, potential institutional
barriers to designating civil rights sites.
2. Ambassador Committee and City Staff will review report draft and provide
comments prior to submitting to SHF.
C.Develop List of Informed Next Steps and Outreach Stategies
1. Conduct survey and co-creative dialogue with community ambassadors to
identify research gaps and community needs for storytelling and education that
creates a sense of belonging for everyone. Future phase summary will include
basic development concept including descriptions, partners, and potential
funding. Share next steps in 1-3 community presentations.
2. Ambassador Committee will facilitate responses to survey and co-creative
dialogue with consultant and staff to identify remaining research gaps and
community needs for storytelling and education in the service of preservation.
3. City Staff will arrange for consultant presentations to community groups,
boards/commissions.
4. Produce prioritized list of additional research needs and educational
opportunities, co-created with community ambassadors, and public presentations.
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Packet Pg. 188 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
City of Fort Collins Exhibit B
Historic Context
Project #2022-01-066
Page 1 of 1 Exhibit B
BUDGET
TASK AMOUNT
A. Project Research and Community Engagement $48,875
B. Prepare Historic Context Report $28,125
C. Develop List of Informed Next Steps and Outreach Strategies $7,550
D. Travel* $9,580
PROJECT TOTAL $94,130
Grant Award (92.00%) $86,600
Cash Match (8.00%) $7,530
* Travel must be within SHF/State allowable rates (mileage: $.53/mile (2WD); Hotel/lodging: at-cost/night; Meal allowance:
$59/day)
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Packet Pg. 189 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
City of Fort Collins Exhibit C
Historic Context
Project #2022-01-066
Page 1 of 2 Exhibit C
LIST OF SUBMITTALS
Project Reports Due Date Society Response
a. Payment Request Form (Attachment 1).
Deliverables #1-3 below must be reviewed and
approved before Advance Payment is made.
N/A Advance Payment of Grant
Award $25,980
b. Progress Report # 1 June 1, 2022 Review *
c. Progress Report # 2 September 1, 2022 Review *
d. Progress Report # 3 December 1, 2022 Review *
e. 1st Interim Financial Report (Attachment 1).
Deliverables #4-8 below must be reviewed and
approved before Interim Payment is made.
December 15, 2022 ** Review & Approve
Interim Payment of Grant
Award $25,980
f. Progress Report # 4P March 1, 2023 Review *
g. Progress Report # 5 June 1, 2023 Review *
h. 2nd Interim Financial Report (Attachment 1).
Deliverables #9-13 below must be reviewed and
approved before Interim Payment is made.
June 15, 2023 ** Review & Approve
Interim Payment of Grant
Award $25,980
i. Progress Report # 6 September 1, 2023 Review *
j. Progress Report # 7 December 1, 2023 Review *
k. Final Financial Report (Attachment 1). December 15, 2023
***
Review & Approve
Final Payment of Grant
Award $8,660
* At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or
more of Advance is expended and you are ready for the next payment.
*** Final Payment is a reimbursement ONLY after all contractors are paid in full.
All deliverables and submittals must be received at least 30 days prior to the Grant End Date.
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Packet Pg. 190 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
City of Fort Collins Exhibit C
Historic Context
Project #2022-01-066
Page 2 of 2 Exhibit C
PROJECT DELIVERABLES
All deliverables must be submitted digitally to your assigned Resource Specialist.
Project Deliverables SHF Response
1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve
2. Contract Certification Form for: Context Consultant Review Comment and/or Approve
3. Resume for: Context Consultant Review Comment and/or Approve
4. List of Community Ambassador Committee members and project
stakeholders Review Comment and/or Approve
5. Detailed Historic Context Outline Review Comment and/or Approve
6. Draft list of associated historic sites Review Comment and/or Approve
7. Link to digital collection of research material Review Comment and/or Approve
8. List of sources and bibliography Review Comment and/or Approve
9. Draft Historic Context Report Review Comment and/or Approve
10. List of survey priorities Review Comment and/or Approve
11. List of additional research needs, interpretive strategies for
non-extant properties, and educational opportunities Review Comment and/or Approve
12. Recommendations to address potential institutional barriers to
designating civil rights sites Review Comment and/or Approve
13. Interim meeting with SHF Resource Specialist, if needed Review Comment and/or Approve
14. Final Historic Context Report Review Comment and/or Approve
15. Link to Historic Context Report on City website Review Comment and/or Approve
16. Documentation of professional/public outreach (community
meetings, stakeholder interviews, etc.) Review Comment and/or Approve
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Packet Pg. 191 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
City of Fort Collins Exhibit D
Historic Context
Project #2022-01-066
Page 1 of 1 Exhibit D
STATE HISTORICAL FUND PROVISIONS
1. STANDARDS OF WORK
The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the
deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's
Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all
survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource
Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects
(copies of which are available through History Colorado).
1. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS
The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys
developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant
Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any
other information concerning the nature and location of archaeological resources, in strict accordance with the provisions
of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted
October 1991, a copy of which is available from History Colorado.
2. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE
In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This
project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves
the right to require that the following sentence be included in any publication or similar material funded through this
program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History
Colorado".
3. MATCHING FUNDS
In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its
sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the
total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro-rata share of the unexpended budget.
4. QUALIFYING EXPENDITURES
Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible
expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in
furtherance of the Scope of Work to be counted as part of such matching funds.
5. BUDGET REVISIONS
In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a
written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved
by the State.
6. INTEREST EARNED
Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from
the final payment.
7. RECAPTURE
The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property,
as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If
the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be
returned to the State, with a twenty percent (20%) reduction per year thereafter.
8. ACQUISITIONS
For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property
between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be
a party to the Agreement.
v. 10.29.2021
10.1
Packet Pg. 192 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1)
G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx
For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5.
Include a copy of the Easement Fee invoice when requesting an Easement Payment.
For all other payments, ALL steps and page 2 must be completed.
Copies of invoices are not required, but may be requested by SHF staff.
Guidelines:
Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment
request.
At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s).
Approved contingency funds will be added to your final payment if not requested previously.
Final payment is a reimbursement only. All invoices must be paid in full.
Step 1) General Information:
Project # Grant Recipient Organization:
Step 2) Payment(s) Requested (Choose all that apply):
Advance Interim 2nd Interim (if applicable) Final Contingency Easement
Step 3) Financial Report:
Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the
project since your last payment request.
You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget
task, break the invoice out onto multiple lines to report the amount paid for each task.
Award Amount $ Project Ratio Grant Funds: % / Cash Match: %
PAYEE NAME
who ǁĂƐ paid
BUDGETED TASK
as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID
I hereby certify that all expenses reported above have been PAID and that all
of the information is correct and that any false or misrepresented information
may require immediate repayment of any or all funds.
1st Interim Financial Report Total
2nd Interim Financial Report Total
Final Financial Report Total
Project Total
Step 4) Additional Information:
Project is estimated __________% Complete Interest Earned: $____________
Step 5) Signature:
_______________________________________________________
Grant Recipient Organization Signatory Date
FOR SHF USE ONLY
____________________ Review
___________________ QC
___________________ Approved
10.1
Packet Pg. 193 Attachment: Grant Award Letter (11626 : Civil Rights Context Report)
-1-
ORDINANCE NO. 067, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION AND AUTHORIZING TRANSFERS FROM
THE GENERAL FUND OF THE STATE HISTORICAL FUND GRANT TO PRODUCE A
HISTORIC CONTEXT REPORT OF CIVIL RIGHTS IN FORT COLLINS
WHEREAS, the City recently was awarded a grant in the amount of $86,600 (the
“Grant”) by the State Historical Fund; and
WHEREAS, matching funds of $7,530 for the Grant are earmarked in the Historic
Preservation Division’s 2022 budget and appropriated for this purpose; and
WHEREAS, the Grant will pay for professional historic preservation services to produce
a historic context report on civil rights in Fort Collins; and
WHEREAS, the Grant will pay for professional historic preservation services and
community partners and stakeholders to identify a preliminary list of associated historically
significant properties and consider which of these may be eligible for historic designation
following future intensive-level survey; and
WHEREAS, the Grant will pay for professional historic preservation services to identify
appropriate future projects that expand the story of civil rights in Fort Collins beyond the initial
report; and
WHEREAS, the results of this historic context report will be used to promote awareness
and uplift the histories of historically excluded and underrepresented members of the Fort
Collins community, and will provide the City with the tools to make informed planning
decisions; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of promoting the City’s Strategic Plan in
the areas of Culture and Recreation, Economic Health and Neighborhood Livability and Social
Health; and
WHEREAS, this appropriation specifically promotes the Equity, Inclusion and Diversity
goals articulated in the City Plan of “of cultivating a safe and welcoming community focusing on
equitable engagement, outcomes and service delivery for all, leading with race;” and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
Packet Pg. 194
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WHEREAS, the Interim 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 this 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
WHEREAS, the Interim City Manager has recommended the transfer of $7,530 from the
Historic Preservation Division’s Operating Budget in the General Fund to the State Historical
Fund Grant in the General Fund and determined that the purpose for which the transferred funds
are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a state grant, that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until
the earlier of the expiration of the state grant the City’s expenditure of all funds received from
such grant; and
WHEREAS, the City Council wishes to designate the appropriation herein for the State
Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins as an appropriation
that shall not lapse until the earlier of the expiration of the Grant or the City’s expenditure of all
funds received from such Grant.
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 new revenue or other funds in the
General Fund the sum of EIGHTY-SIX THOUSAND SIX HUNDRED DOLLARS ($86,600) to
be expended in the General Fund for State Historical Fund Grant for the Historic Context of
Civil Rights in Fort Collins.
Section 3. That the unexpended and unencumbered appropriated amount of SEVEN
THOUSAND FIVE HUNDRED THIRTY DOLLARS ($7,530) is authorized for transfer from
the Historic Preservation Division’s operating budget in the General Fund to the State Historical
Packet Pg. 195
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Fund Grant for the Historic Context of Civil Rights in Fort Collins in the General Fund and
appropriated therein.
Section 4. That the appropriation herein for State Historical Fund Grant for the
Historic Context of Civil Rights in Fort Collins is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal
year but continue until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 196
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Beth Rosen, Grants Compliance & Policy Manager
Ingrid Decker, Legal
SUBJECT
Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant (CDBG) and
Home Investment Partnerships (HOME) Program Funds.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the Community
Development Block Grant Fund.
B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund.
The purpose of this item is to appropriate the City’s FY2022 Community Development Block Grant (CDBG)
Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Par ticipating Jurisdiction
Grant from the Department of Housing and Urban Development (HUD), and CDBG program income from
FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a formula
basis to eligible cities and counties to improve the living conditions for low and moderate - income persons.
Recipient communities develop their own programs and funding priorities. In the 2020–2024 Consolidated Plan
submitted to HUD, the City prioritized the use of these funds to further its affordable housing goals and provide
public services for persons experiencing homelessness and persons most at risk of homelessness.
The HOME Investment Partnership Program (HOME) provides annual grants on a formula basis to
Participating Jurisdictions to implement local housing strategies designed to increase homeownership and
housing opportunity for low and very low-income residents. These funds are used annually to further the
affordable housing goals outlined in the Housing Strategic Plan.
On May 13, 2022, HUD released the formula allocations for both the CDBG and HOME programs. This
appropriation includes $1,120,412 for CDBG and $803,409 for HOME. Additionally, the City receives annual
repayments into the CDBG & HOME programs, referred to as Program Income (PI), through the payoffs of
Home Buyer Assistance (HBA) loans and loan payments on affordable housing projects. These payments go
back to their respective programs for re-allocation to eligible projects. Since April 1, 2021, the CDBG program
has received $79,461 in Program Income and the HOME Program has received $186,484 in Program Income.
Ordinance No. 068, 2022, appropriates a total of $1,199,873 into the CDBG Program, which includes the
11
Packet Pg. 197
Agenda Item 11
Item # 11 Page 2
Entitlement Award of $1,120,412 and $79,461 from Program Income.
Ordinance No. 069, 2022, appropriates a total of $989,833 into the HOME Program, which includes the
Entitlement Award of $803,409 and $186,484 from Program Income.
These funds are allocated through an annual Competitive Process, with funding recommendations being made
to Council by the Human Services and Housing Funding Board. Recommendations for the use of these funds
will be presented to Council at its regular meeting on June 21, 2022.
CITY FINANCIAL IMPACTS
This item will appropriate $2,189,766 in federal funding to the City of Fort Collins which will be allocated to
housing and community development related programs and projects and administration of the funds, thereby
reducing the demand on the City’s General Fund budget to address such needs.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS
1. HUD FY2022 Formula Allocations (PDF)
11
Packet Pg. 198
FY 2022 Community Planning and Development Formula Program AllocationsNAMESTACDBGRHPHOMEESGHOPWAHTFState of ColoradoCO$9,377,653$0$7,364,694$2,128,974$1,100,663$10,917,121ArvadaCO$445,942$0$0$0$0$0AuroraCO$2,621,080$0$1,246,422$236,115$0$0BoulderCO$808,365$0$1,279,918$0$0$0Broomfield City/CountyCO$286,465$0$0$0$0$0Castle RockCO$234,817$0$0$0$0$0Colorado SpringsCO$3,032,763$0$1,754,596$270,237$0$0Commerce CityCO$422,541$0$0$0$0$0DenverCO$6,685,254$0$3,266,197$566,588$3,686,258$0Fort CollinsCO$1,120,412$0$803,409$0$0$0Grand JunctionCO$421,451$0$0$0$0$0GreeleyCO$837,611$0$436,526$0$0$0LakewoodCO$856,536$0$0$0$0$0LongmontCO$519,709$0$0$0$0$0LovelandCO$374,203$0$0$0$0$0PuebloCO$1,459,303$0$979,677$0$0$0ThorntonCO$837,776$0$0$0$0$0WestminsterCO$585,031$0$0$0$0$0Adams CountyCO$1,417,617$0$1,307,955$0$0$0Arapahoe CountyCO$1,375,306$0$801,378$0$0$0El Paso CountyCO$1,089,731$0$0$0$0$0Jefferson CountyCO$1,087,949$0$1,070,871$0$0$0Weld CountyCO$1,036,772$0$0$0$0$0ATTACHMENT 111.1Packet Pg. 199Attachment: HUD FY2022 Formula Allocations (11588 : CDBG - HOME FY22 Appropriation)
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ORDINANCE NO. 068, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
WHEREAS, the City estimates it will receive in federal fiscal year 2022-2023
unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”)
funds from Housing and Urban Development (HUD) totaling $1,120,412; and
WHEREAS, the City has also received unanticipated CDBG Program income in the
amount of $79,461; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing affordable housing and
human services for City residents; and
WHEREAS, Article V, Section 9 of the City Charter permits the Cit y Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Community Development Block Grant Fund and will not cause the total amount appropriated in
the Community Development Block Grant Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal grant, that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until
the earlier of the expiration of the federal grant or the City’s expenditure of all funds received
from such grant; and
WHEREAS, the City Council wishes to designate the appropriation herein for the
Community Development Block Grant Entitlement Program as an appropriation that shall not
lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant; and
WHEREAS, City Council has considered on the same date as second reading of this
ordinance a resolution approving the allocation of these funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Packet Pg. 200
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from new revenue or other funds from
HUD in the Community Development Block Grant Fund, the sum of ONE MILLION ONE
HUNDRED TWENTY THOUSAND FOUR HUNDRED TWELVE DOLLARS ($1,120,412),
to be expended in the Community Development Block Grant Fund upon receipt thereof for
federal fiscal year 2022-2023 Community Development Block Grant projects.
Section 3. That there is hereby appropriated from new revenue or other funds from
program income in the Community Development Block Grant Fund, the sum of SEVENTY-
NINE THOUSAND FOUR HUNDRED SIXTY-ONE DOLLARS ($79,461), to be expended in
the Community Development Block Grant Fund for approved Community Development Block
Grant projects.
Section 4. That the appropriation herein for the Community Development Block Grant
Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Introduced, considered favorably on first reading, and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 201
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ORDINANCE NO. 069, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION IN THE
HOME INVESTMENT PARTNERSHIPS GRANT FUND
WHEREAS, the Home Investment Partnerships Program (the “HOME Program”) was
authorized by the National Affordable Housing Act of 1990 to provide funds in the form of
Participating Jurisdiction Grants for a variety of housing-related activities that would increase the
supply of decent, safe, and affordable housing; and
WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092
authorizing the Mayor to submit to the Department of Housing and Urban Development
(“HUD”) a notification of intent to participate in the HOME Program; and
WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in
the HOME Program, allowing the City to receive an allocation of HOME Program funds as long
as Congress re-authorizes and continues to fund the program; and
WHEREAS, the City estimates it will receive in federal fiscal year 2022-2023
unanticipated revenue in the form of Home Investment Partnership Program (“HOME”) funds
from Housing and Urban Development (HUD) totaling is $803,409; and
WHEREAS, the City has also received unanticipated HOME Program income in the
amount of $186,484; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing affordable housing for city
residents; and
WHEREAS, Article V, Section 9 of the City Charter permits the Cit y Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Home Investment Partnerships Grant Fund and will not cause the total amount appropriated in
the Home Investment Partnerships Grant Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal grant, that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until
Packet Pg. 202
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the earlier of the expiration of the federal grant or the City’s expenditure of all funds received
from such grant; and
WHEREAS, the City Council wishes to designate the appropriation herein for the Home
Investment Partnerships Program as an appropriation that shall not lapse until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant; and
WHEREAS, City Council has considered on the same date as second reading of this
ordinance a resolution approving the allocation of these funds.
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 new revenue or other funds from
HUD in the HOME Investment Partnerships Grant Fund the sum of EIGHT HUNDRED THREE
THOUSAND FOUR HUNDRED NINE DOLLARS ($803,409), to be expended in the HOME
Investment Partnerships Grant Fund upon receipt from federal fiscal year 2022-2023 HOME
Participating Jurisdiction Grant Funds.
Section 3. That there is hereby appropriated from new revenue or other funds from
program income in the HOME Investment Partnerships Grant Fund the sum of ONE HUNDRED
EIGHTY-SIX THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS ($186,484), to be
expended in the HOME Investment Partnerships Grant Fund for approved HOME Program
projects.
Section 4. That the appropriation herein for HOME Investment Partnerships Grant
Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 203
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Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 204
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Brad Buckman, Manager, Civil Engineering
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section 24-1 of
the Code of the City of Fort Collins Regarding Neighborhood Entry Signs.
EXECUTIVE SUMMARY
The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in 2017 as
part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5) unnecessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City updated its Sign Code into the Land Use Code in 2017 following the Supreme Court’s decision in
Reed v. Town of Gilbert. City Code Sections 23-90 through 23-95 regulating Neighborhood Entry Signs w ere
thereby made unnecessary as the Sign Code now regulates these signs. References to neighborhood signs in
City Code Section 24-1 are also being deleted.
12
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ORDINANCE NO. 070, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING SECTIONS 23-90 TO 23-95 AND AMENDING SECTION 24-1
OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING NEIGHBORHOOD ENTRY SIGNS
WHEREAS, on August 15, 2017, City Council amended its Land Use Code Sign
Regulations to ensure compliance with the Supreme Court’s direction in Reed v. Town of Gilbert
that sign regulation must be content and viewpoint neutral; and
WHEREAS, on August 15, 2017, City Council adopted Ordinance No. 088, 2017
amending Land Use Code (“LUC”) Sections 3.8.7.1, 3.8.7.2, 3.8.7.3, 3.8.7.4, 3.8.7.5, and
3.8.7.6, collectively referred to as the “City of Fort Collins Sign Code” or the “Sign Code”; and
WHEREAS, the purpose of the Sign Code is to comprehensively regulate the design,
location, installation, display, operation, repair, maintenance and removal of signs in a manner
that advances the City’s compelling interests while safeguarding free speech and complying with
Reed; and
WHEREAS, prior to the Sign Code update, the City regulated “Neighborhood Signs” in
City Code Sections 23-90 to 23-95 and 24-1(4)-(5) & (7); and
WHEREAS, Sections 23-90 to 23-95 and 24-1(4)-(5) & (7) of the City Code were made
redundant by adoption of the Sign Code; and
WHEREAS, City Council finds it is in the City’s best interest to repeal City Code
Sections 23-90, 23-91, 23-92, 23-94, and 23-95 and amend Section 24-1.
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 Chapter 23, Article III, Division 4 is hereby deleted in its entirety
and held in reserve.
Division 4 - Neighborhood Entry Signs
Sec. 23-90. - Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings
ascribed to them in this Section:
Qualified neighborhood organization shall mean an organization which: (1) represents a
neighborhood area with identifiable geographic boundaries; (2) represents a neighborhood area
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having at least two hundred (200) existing households within its geographic boundaries; (3) has
at least one (1) elected representative; and (4) makes membership in the organization available to
all residents and property owners within the geographic boundaries of the neighborhood.
Sec. 23-91. - Permits.
Any qualified neighborhood organization desiring to erect a neighborhood entry sign upon any
City property or any street, alley or sidewalk in the City shall file a written application for a
permit upon a form prepared and provided by the City. Only established, qualified neighborhood
organizations may apply for and obtain a permit for neighborhood entry signs. Permits shall not
be issued under this Division to residential developments that are being processed for
development review and approval under the Land Use Code or the Transitional Land Use
Regulations.
Sec. 23-92. - Contents of application.
The application for a neighborhood entry sign permit shall contain all information required on
the form provided by the City including, without limitation, the following:
(1) The name, address and telephone number of the qualified neighborhood organization and
the person to be contacted representing said organization.
(2) The names of the streets or other identifiable features that define the boundary of the
neighborhood.
(3) The proposed location of the neighborhood entry sign or signs (not to exceed four [4])
including the names of the intersections and the direction of travel.
(4) A detailed description of the sign(s) proposed to be used for neighborhood entry (or
entries) including the size, shape, types of materials used in the construction of the sign structure
(including the sign blank and the legend), color and types of mount. This description shall
include a detailed drawing of each proposed sign showing the exact sign placement.
(5) A statement that the applicant agrees to abide by the provisions of this Division.
Sec. 23-93. Standards and criteria.
All neighborhood signs permitted pursuant to this Division shall conform to the following
standards and criteria:
(1) Neighborhood entry signs in, adjoining or adjacent to a residential area shall be
harmonious with and reflect the residential character of the area.
(2) One (1) single-faced sign, one (1) double-faced sign or two (2) single-faced signs
bearing identical copy (with no sign face being larger than twenty-four [24] square feet)
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may be permitted to identify the name of a neighborhood at each of the neighborhood's
major entrances.
(3) The top of any such sign shall be no more than five (5) feet above ground level.
(4) The word “neighborhood” must be included in the sign copy.
(5) The sign shall not have internal or external lighting.
(6) A maximum of four (4) major entrances into a neighborhood may be permitted
for signs for any qualified neighborhood organization.
(7) The applicant must show to the satisfaction of the City that it has formally
established an organization which is ready, willing and able to maintain the sign. The
sign must, at all times, be kept in a well-maintained and proper condition.
(8) The following sight distances must be maintained for any neighborhood entry
sign in the right-of-way:
Type of
Street
Safe Sight
Distance (feet)
Arterial 500
Collector 400
Local 300
(9) The cost of the design, installation and maintenance of the neighborhood entry
sign or signs shall be borne by the qualified neighborhood organization.
(10) Prior to installation of any neighborhood entry sign, all “utility locates” must be
performed.
Sec. 23-94. - Investigation of application; permit fee; revocation.
(a) The application for a permit for a neighborhood entry shall be made to the City Engineer.
The City Engineer shall make or cause to be made an investigation of the information contained
in the application and prior to the issuance of a permit shall determine that the applicant is a
qualified neighborhood organization and that the proposed neighborhood sign does not constitute
a nuisance or destroy or impair the use of the right-of-way or any City property by the public or
constitute a traffic hazard and complies with all standards and criteria of this Division. In
investigating whether the application for a neighborhood entry sign conforms to the standards
and criteria of this Division, the City Engineer shall consult with the Traffic Engineer and the
Director of Community Development and Neighborhood Services.
(b) At the time of issuance of a permit hereunder, the applicant shall pay a fee of twenty-five
dollars ($25.) for each neighborhood entry sign proposed to be constructed.
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(c) Neighborhood entry sign permits issued pursuant to this Division are authorized under
Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the
pleasure of the City Council or the City Engineer, whether or not such right to revoke is
expressly reserved in such permit.
(d) Whenever any neighborhood entry sign is made or located contrary to the terms of the
permit or without a permit or contrary to the terms of this Division, or at such time as the permit
is revoked as provided for in this Division, the City Engineer shall give notice to the person or
qualified neighborhood organization who made or located such neighborhood entry sign
requiring the removal of such neighborhood entry sign. Said sign shall be removed within thirty
(30) days following the date of delivery of such notice.
Sec. 23-95. - Noncompliance with notice; removal of encroachment.
If any notice given under § 23-94 is not complied with, the City Engineer is hereby authorized to
cause the removal of the neighborhood entry sign(s) and to collect the cost of such removal and
disposal from the permittee, and may commen ce such legal actions as may be necessary or
appropriate for the purpose of collecting such costs.
Section 3. That Section 24-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-1. Signs on streets, sidewalks and public rights-of-way prohibited; removal;
exceptions; permit.
Notwithstanding the provisions of § 17-42, the following signs shall be permitted on streets,
sidewalks and other areas owned by the City:
. . .
(4) Neighborhood recognition signs erected by the City to identify a particular
neighborhood; provided, however, that such signs shall only be erected and maintained in
those neighborhoods within which a qualified neighborhood organization exists for the
purpose of considering and acting upon a broad range of issues affecting the
neighborhood. A qualified neighborhood organization shall mean an organization which
the City Engineer has determined satisfies all of the following requirements:
a. The neighborhood area that the organization represents must have
identifiable, geographical boundaries;
b. The neighborhood area that the organization represents must have at least
two hundred (200) households within the boundaries of the neighborhood unless
none of the boundaries of the neighborhood area are adjacent to and touch the
boundaries of another existing residential neighborhood, in which case the
neighborhood area that the organization represents need only have at least fifty
(50) households within the boundaries of the neighborhood;
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c. The organization must have at least one (1) elected representative;
d. Membership in the organization must be open to all residents, property
owners and business owners within the boundaries of the neighborhood;
e. Except for residency, ownership of property and location of a business
within the neighborhood boundaries, the organization must have no other
requirements for membership;
f. The organization must not require payment of a membership fee as a
condition of voting;
g . All of the organization's meetings must be open to the entire membership;
h. The organization must hold at least one (1) meeting each calendar year;
i. All members of the organization must be sent prior notice of all meetings
of the organization; and
j. The organization must file and maintain a current set of bylaws with the
City's Neighborhood Resources Office.
(5) If at any time the City Engineer determines that a neighborhood organization
which has existing neighborhood recognition signs does not, for any reason, satisfy all
the requirements set forth in Paragraph (c)(4) of this Section, the City Engineer shall give
notice to the sign owner to remove the sign within ten (10) days. If the sign owner fails to
remove the sign after notice, the City Engineer may remove and dispose of the sign
without further notice, notwithstanding the provisions of § 23-130, in addition to issuing
a citation for violation of this Section.
(64) Signs placed by the City on bus benches and bus shelters displaying
advertisements, provided that:
a. Any bus shelters displaying advertising signs shall be located either: (1)
within three hundred (300) feet of any existing commercial/ retail or industrial
use, (2) within three hundred (300) feet of any land zoned to permit any
commercial/retail or industrial use, or (3) along any arterial street provided that no
residential uses front on such arterial street within three hundred (300) feet of
such bus shelter; and
b. If signs are placed on bus benches or bus shelters by a private contractor
pursuant to a contract between the City and said contractor, such contract shall
specify the content, size, placement, illumination, design and material to be used
for the construction of the benches or shelters, and the signs placed thereon, so as
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to minimize the visual impacts of such signs on the general public and
surrounding properties.
(7) Neighborhood entry signs which have been authorized pursuant to Chapter 23,
Article III, Division 4 of this Code.
(85) Portable signs permitted under Article IV of this Chapter.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Amanda Newton, Sr. Treasury Analyst
Blaine Dunn, Accounting Director
John Duval, Legal
SUBJECT
Resolution 2022-058 Declaring the Official Intent of the City to Reimburse the Applicable City Funds for
Expenditures Relating to Funding the City’s Capital Projects Identified in Ordinance No. 062, 2022, Through
the Issuance of Certificates of Participation.
EXECUTIVE SUMMARY
The purpose of this item is to declare the City’s official intent to reimbursed the applicable City fund with the
proceeds from the issuance of the certificates of participation (Certificates of Participation) approved by City
Council in Ordinance No. 062, 2022, for the City expenditures made before the issuance of the Certificates of
Participation to fund (a) the acquisition of the real property on which the Hughes Stadium previously existed,
(b) the acquisition and installation of certain irrigation improvements for the Southridge Golf Course, (c) the
construction and installation of a fleet maintenance facility at 800 Wood Street, and (d) such additional projects
that benefit the City and are approved by resolution of the City Council (Projects).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On this same June 7 agenda, Council will be considering adoption of Ordinance No. 062, 2022, on second
reading to authorize the issuance of the Certificates of Participation. The proceeds from the issuance of the
Certificates of Participation will be used to fund the Projects.
The maximum aggregate principal amount of the Certificates of Participation issued for the Projects is
expected not to exceed $16.5M. The proceeds of $8.5M from the issuance will be used to fund the purch ase of
the Hughes Stadium land, $5.0M will be used to fund the construction of the Southridge golf course irrigation
system improvements, and $3.0M will be used to fund the construction of the Fleet shop expansion.
The Projects each have different timelin es, so the initial expenditures for one or more of them might be paid
before the issuance of the Certificates of Participation from applicable City funds. Therefore, for the City to be
able to use the proceeds from that issuance to reimburse such City funds for any initial expenditures for the
Projects, and at the same time maintain the tax-exempt status of the Certificates of Participation, the Internal
Revenue Service (Treasury Regulation 26 C.F.R. §1.150 -2) requires that Council adopt the Resolution. Th e
Resolution represents the City’s declared official intent to reimburse the applicable City funds for such initial
expenditures with the proceeds from the issuance of the Certificates of Participation.
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Agenda Item 13
Item # 13 Page 2
CITY FINANCIAL IMPACTS
The declaration of this official intent through the Resolution complies with federal regulations. It also provides
more flexibility to the City so it can better manage the capital expenditures related to the Projects. For
example, the Southridge Golf Course project needs to secure so me of the key materials before prices
increase. With this Resolution, the City can make the capital expenditure prior to issuing the Certificates of
Participation and later reimburse the applicable City fund with the proceeds from the issuance of the
Certificates of Participation.
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RESOLUTION 2022-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING THE OFFICIAL INTENT OF THE CITY TO REIMBURSE THE APPLICABLE
CITY FUNDS FOR EXPENDITURES RELATING TO FUNDING THE
CITY’S CAPITAL PROJECTS IDENTIFIED IN ORDINANCE NO. 062, 2022,
THROUGH THE ISSUANCE OF CERTIFICATES OF PARTICIPATION
WHEREAS, the City of Fort Collins, Colorado (the “City”) expects to make after the date
of this Resolution, but before issuing the certificates of participation approved by City Council in
Ordinance No. 062, 2022 (“Certificates of Participation”), expenditures from applicable City funds
for the funding of (a) the acquisition of the real property on which the Hughes Stadium
previously existed, (b) the acquisition and installation of certain irrigation improvements for the
Southridge Golf Course, (c) the construction and installation of a fleet maintenance facility at
800 Wood Street, and (d) such additional projects that benefit the City and are approved by
resolution of the City Council (collectively, the “Projects”); and
WHEREAS, the City intends to later reimburse the applicable City fund for such original
expenditures with the proceeds from the issuance of the Certificates of Participation; and
WHEREAS, the maximum aggregate principal amount of the Certificates of Participation
issued for the Projects is expected not to exceed $16,500,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, 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 this Resolution declares the City’s “official intent,” within the
meaning of Treasury Regulation 26 C.F.R. §1.150-2, to reimburse the applicable City funds with
the proceeds from the issuance of the Certificates of Participation for its original expenditures to
fund the Projects made before issuing the Certificates of Participation.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Teresa Roche, Human Resources Executive
Jenny Lopez Filkins, Legal
SUBJECT
Resolution 2022-059 Expressing the City Council’s Continuing Support for the Fort Collins LGBTQ+
Community with a Display of Rainbow Lights at City Hall.
EXECUTIVE SUMMARY
The purpose of this item is to express Council’s continuing support for the Fort Collins LGBTQ+ community
with a display of rainbow lights at City Hall during the month of June, which is Pride month.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Gay Pride or LGBTQ+ Pride is the promotion of the self-affirmation, dignity, equality, and increased visibility of
lesbian, gay, bisexual, transgender and queer or questioning people and numerous celebrations occur in the
month of June.
This Resolution expresses the Council’s continuing support for this City display of support related to these
issues. At the request of the Interim City Manager, the rainbow lights have been displayed at City Hall in
support of the Fort Collins LGBTQ+ community since June 1, 202 2. The intent of this resolution is to express
City Council’s approval for displaying rainbow lights at City Hall each June.
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RESOLUTION 2022-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE COUNCIL’S CONTINUING SUPPORT FOR THE FORT COLLINS
LGBTQ+ COMMUNITY WITH A DISPLAY OF RAINBOW LIGHTS AT CITY HALL
WHEREAS, Gay Pride or LGBTQ+ Pride is the promotion of the self-affirmation,
dignity, equality, and increased visibility of lesbian, gay, bisexual, transgender and queer or
questioning people and numerous celebrations occur in the month of June; and
WHEREAS, the first Pride demonstrations resulted in a riot that took place at the
Stonewall Inn on June 28, 1969; and
WHEREAS, fifty years later, on June 26, 2015, the U.S. Supreme Court ruled that same-
gender couples could marry, establishing a new and long overdue civil right in our country; and
WHEREAS, at the request of the Interim City Manager, rainbow lights have been
displayed at City Hall in support of the Fort Collins LGBTQ+ community since June 1, 202 2;
and
WHEREAS, the City Council supports displaying rainbow lights at City Hall throughout
the month of June each year; and
WHEREAS, the City Council wishes to express support for members of the Fort Collins
community who are Lesbian, Gay, Bisexual, Transgender, Queer or Questioning.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, 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 Council hereby expresses its support for displaying rainbow
lights at City Hall throughout the month of June each year, and further expresses its support for
members of the Fort Collins community who are Lesbian, Gay, Bisexual, Transgender, Queer or
Questioning.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Item # Page 1
AGENDA ITEM SUMMARY
Agenda Item D
June 7, 2022
City Council
STAFF
Teresa Roche, Human Resources Executive
Carrie M. Daggett, Legal
SUBJECT
Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Councilmembers to Work with
the Recruitment Team to Develop Proposed Terms and Conditions of a City Manager Employment Agreement
for Council Consideration.
EXECUTIVE SUMMARY
The purpose of this item is to name the selected finalist for City Manager and authorize two members of the
Council to discuss with the recruiter hired to support the recruitment process, City staff and/or the person
named to develop the terms and conditions of employment for the City Manager position.
If Council is not prepared to move forward to name a selected finalist or would like to direct staff to take
specific actions in furtherance of the recruitment and selection of a new City Manager, Council may wish to
give that direction by motion in lieu of approving the Resolution.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On January 24, 2022, Council reviewed all applicants' materials for City Manager, and Mark McDaniel from the
recruitment firm Strategic Government Resources invited the semi-finalists to complete the next stage of the
application process. On February 15, 2022, Council discussed the semi-finalists and invited six finalists to
advance to the final selection phase. One finalist withdrew from consideration prior to the completion of the
final materials required by each finalist. The interview process began virtually on March 7 and continued with
an onsite schedule from March 24 to March 26, including Council Member and Council interviews. This
Resolution is for selection of a finalist for the City Manager position, with final appointment conditional on the
successful negotiation and approval of terms and conditions incorporated in an employment contract.
This Resolution also designates two members of Council to discuss with the recruiter retained to support the
recruitment and selection process, staff and the named finalist the terms and conditions of an employment
agreement.
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RESOLUTION 2022-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SELECTING A CITY MANAGER FINALIST AND
DESIGNATING TWO COUNCILMEMBERS TO WORK WITH THE RECRUITMENT
TEAM TO DEVELOP PROPOSED TERMS AND CONDITIONS OF
A CITY MANAGER EMPLOYMENT AGREEMENT FOR COUNCIL CONSIDERATION
WHEREAS, on July 8, 2021, City Manager Darin Atteberry notified the City Council
of his intent to resign from his employment as City Manager effective August 20, 2021; and
WHEREAS, on August 4, 2021, the City Council adopted Resolution 2021-079,
establishing the Ad Hoc City Manager Selection Process Committee (“Committee”) and
appointing its members; and
WHEREAS, on October 5, 2021, the Council adopted Resolution 2021-091 approving
the Committee’s recommendations for the action plan and timeline for the City Manager
recruitment and selection; and
WHEREAS, on November 16, 2021, the Council adopted Resolution 2021-109,
approving recruitment materials for the selection of a City Manager; and
WHEREAS, on February 15, 2022, the Council adopted Resolution 2022-034,
approving the design and timeline for the interview process for the City Manager selection; and
WHEREAS, on March 7, 2022, remote forum and panel interviews were conducted to
allow City employees and members of the public to provide input to Council to inform Council’s
selection of a new City Manager; and
WHEREAS, the Council has now completed an extensive series of interview events
during March 24th through 26th, through which Councilmembers individually and collectively
have had the opportunity to interview and learn about the five finalists for the city manager
position; and
WHEREAS, on March 26, 2022, the Council adopted a motion to pause the selection
process to allow more time for Councilmembers to consider the selection decision; and
WHEREAS, after taking some additional time to consider the candidates and the
selection, and as a result of the Council’s consideration of its candidate interviews, input from
others who have participated in the forum events and other activities in the selection process, the
Council is now prepared to select a finalist for the City Manager position, with whom the
discussion and negotiation of terms and conditions of employment will now proceed; and
WHEREAS, included in the adopted plan for the City Manager recruitment and selection
process is the designation of Councilmembers to assist the recruiter retained by the City to
support the recruitment and selection process, with the support of the Human Resources
Executive, to discuss and negotiate proposed terms and conditions of employment to be included
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in an employment agreement that will ultimately be presented to the City Council for approval;
and
WHEREAS, this Resolution designates two Councilmembers to work with the
recruitment team in the discussion and negotiation of proposed employment terms and conditions
with the selected finalist for the City Manager position.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Council hereby selects and designates
_______________________ as the final City Manager candidate, with whom negotiations of
proposed terms and conditions of an employment agreement will promptly proceed.
Section 3. That the Council hereby designates ____________________ and
_____________________ to work with the recruitment team to develop proposed terms and
conditions of an employment agreement for the City Manager position, with such agreement to
be presented for City Council consideration on June 21, 2022, if ready for consideration by that
time.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of June, A.D. 2022.
Mayor
ATTEST:
City Clerk
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