HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/05/2022 - REGULAR MEETING
City of Fort Collins Page 1
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers
City Hall
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
July 5, 2022
(Amended 7/1/22)
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.
City of Fort Collins Page 2
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.
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.
No Proclamations Scheduled.
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 their 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 970.221.6760.]
G) PUBLIC COMMENT FOLLOW-UP
H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
City of Fort Collins Page 4
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 June 7, 2022 Regular Meeting.
The purpose of this item is to approve the minutes of the June 7, 2022 Regular meeting.
2. Second Reading of Ordinance No. 071, 2022, Appropriating Philanthropic Revenue Received Through
City Give for the Art in Public Places Program, Pianos About Town Project.
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates $39,991 in
philanthropic revenue for Art in Public Places, Cultural Services. The grant award is received from
Bohemian Foundation for the designated purpose of Pianos About Town, a collaborative effort among
the City of Fort Collins Art in Public Places, the Fort Collins Downtown Development Authority, and
the donor, Bohemian Foundation.
3. Items Relating to Appropriations for Southridge Golf Course Irrigation System Installation and Fleet
Shop Expansion.
A. Second Reading of Ordinance No. 072, 2022, Making Supplemental Appropriations in the Golf
Fund from Anticipated Lease Financing Proceeds and Authorizing Transfers from the Golf Fund
for the Southridge Golf Course Irrigation Project and Related Art in Public Places.
B. Second Reading of Ordinance No. 073, 2022, Making Supplemental Appropriations from
Anticipated Lease Financing Proceeds and Prior Year Reserves in the Equipment Fund and
Authorizing Transfers From the Equipment Fund for the Fleet Shop Expansion Project and Related
Art in Public Places.
These Ordinances, unanimously adopted on First Reading on June 21, 2022, consider two
appropriations for Southridge Golf Course Irrigation System Installation and Fleet Shop Expansion, in
order to allow work to proceed expeditiously in light of increasing costs. Council has previously
approved Ordinance No. 062, 2022, authorizing the issuance of 2022 COPS for the financing of these
projects. Payments paid with the 2022 appropriation will be reimbursed with the proceeds from the
2022 COPs and put back in the appropriate reserve fund. Council has adopted Resolution 2022-058
to declare City’s official intent to reimburse the applicable City funds for initial expenditures with the
proceeds from the issuance of the 2022 COPs.
4. Second Reading of Ordinance No. 074, 2022, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Linden Street Renovation Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional
funding for the Linden Street Renovation project (the “Project”). The Project is experiencing
inflationary pressures and the cost to complete the work now exceeds the appropriated budget
requiring either: (1) delay final delivery of the Project; and/or (2) securing additional funds to complete
the Project. To reduce the scope of the Project means delivering a project that fails to meet established
City standards for urban design and landscaping. To delay final delivery until funding becomes
available will negatively impact other transportation capital projects currently in the delivery pipeline.
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Staff recommends supplemental appropriation of $500,000 to allow for completion of the Project as
intended when construction commenced. This request is being made to Council now to avoid
additional negative cost impacts due to potentially pausing and restarting an active construction
project.
5. Second Reading of Ordinance No. 075, 2022, Appropriating Prior Year Reserves and Making
Supplemental Appropriations and Authorizing Transfers of Appropriations for the South Timberline
Corridor and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional
funding for the South Timberline Corridor project (the “Project”). The Project is experiencing
inflationary pressures and the cost to complete the work now exceeds the appropriated budget
requiring either: (1) reduction in scope of the Project; (2) delay final delivery of the Project; and/or (3)
secure additional funds to complete the Project. To reduce the scope of the Project means delivering
a project that fails to meet established City standards for urban design and landscaping. To delay final
delivery until funding becomes available will negatively impact other transportation capital projects
currently in the delivery pipeline. Staff recommends a total supplemental appropriation of $2,332,770
to allow for completion of the Project as intended when construction commenced. The total includes
$2,148,000 in new funding plus $184,770 in developer contributions committed to the project scope.
This request is being made to Council now to avoid additional negative cost impacts due to potentially
pausing and restarting an active construction project.
6. Second Reading of Ordinance No. 076, 2022, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Vine and Lemay BNSF Intersections Improvement Project and
Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional
funding for the Vine/Lemay BNSF Intersection Improvements project (the “Project”). The Project is
experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated
budget requiring either: (1) delay of final delivery of the Project; and/or (2) securing additional funds to
complete the Project. To reduce the scope of the Project means delivering a project that fails to meet
established City standards for urban design and landscaping. To delay final delivery until funding
becomes available will negatively impact other transportation capital projects currently in the delivery
pipeline. Staff recommends a total supplemental appropriation of $2,142,260 to allow for completion
of the Project as intended when construction commenced. The total supplemental appropriation
includes $1,380,000 in new funding plus $762,620 for traffic signals that has yet to be appropriated.
This request is being made to Council now to avoid additional negative cost impacts due to potentially
pausing and restarting an active construction project.
7. Second Reading of Ordinance No. 077, 2022, Amending Article VIII of Chapter 7.5 of the Code of the
City of Fort Collins to Create an Administrative Process for Awarding Fee Credits for Certain Affordable
Housing Units to be Constructed in the City.
This Ordinance, unanimously adopted on First Reading on June 22, 2022, simplifies the way affordable
housing fee credits are provided to developers of qualifying new affordable homes. Through iterative
process improvements, flat amounts for fee credits have been established and codified for new
construction and adaptive reuse creating affordable homes targeting households making no more than
30% area median income (AMI) - the lowest wage-earners in the City. This Code change would allow
staff to administratively award fee credits up to the amount of funds that are available and that have
been appropriated for such purpose. Any requests for more than available funds will still be subject to
Council discretion and appropriation.
8. Second Reading of Ordinance No. 078, 2022, Amending Chapter 27 of the Code of the City of Fort
Collins Relating to Forestry.
This Ordinance, unanimously adopted on First Reading on June 21, 2022, considers adoption of
amendments and updates to Chapter 27, the forestry-related chapter of City Code. This Ordinance
identifies all trees within the City as important community infrastructure and makes a variety of other
amendments to Chapter 27.
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9. First Reading of Ordinance No. 083, 2022, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Property Rights Necessary for Phase 2 (Construction) and Phase 3
(Operations and Maintenance) of the Halligan Water Supply Project.
The purpose of this item is to seek authorization from Council to use eminent domain to acquire
property rights for construction (Phase 2) and long-term maintenance and operations access (Phase
3) of the Halligan Water Supply Project (Halligan Project) across private property that provides the
primary access point to Halligan Reservoir. This property is jointly owned by Geo A. Henderson Co.,
Inc. and Chris Vandemoer (collectively, Vandemoer), and is encumbered by two conservation
easements held by The Nature Conservancy (TNC). The parties are currently in eminent domain
litigation for Phase 1 of the Project and have had productive conversations regarding a global
settlement for all three phases of the Halligan Project. The acquisition will include:
a temporary access easement for construction
a permanent access easement for ongoing maintenance and operations
a permanent easement for flood/high water events
fee title to approximately 5.48 acres of land for inundation
To meet near-term project timelines, prompt acquisition of the property rights is necessary. Staff fully
intends to continue negotiating in good faith with the affected property owners and is requesting
authorization to, in consultation with the City Attorney’s Office, use eminent domain as necessary to
acquire the needed property rights. To effectuate a possible global settlement in the City’s eminent
domain litigation with Vandmoer, the City needs Council’s authorization of eminent domain to include
Phase II and Phase III, so that all property rights needed from Vandemoer for the entire project can
be acquired at one time.
This action would ensure the City can secure all access rights required to complete the final two phases
of the Halligan Project over the primary access route to the Halligan Dam and Reservoir:
Phase 1 - permitting and design (site visits and data collection related to permitting processes and
preliminary design work for the reservoir enlargement and for the diversion structure replacement)
Phase 2 - construction (construction work related to replacement of dam and diversion structure)
Phase 3 - long-term maintenance and operations of the dam and reservoir (including permanent
maintenance of measuring devices on the reservoir and diversion structure and environmental
monitoring requirements under governmental permits)
10. Resolution 2022-067 Authorizing the Assignment of the City's 2022 Private Activity Bond Allocation to
Housing Catalyst to Finance New Construction and Rehabilitation of Affordable Homes.
The purpose of this item is to support the new construction and rehabilitation of affordable housing at
one specific location and one or more other planned projects developed by Housing Catalyst in the
City by assigning the City’s 2022 Allocation of Private Activity Bond (PAB) capacity to Housing Catalyst
(HC). PAB capacity is required for development projects using federal 4% Low-Income Housing Tax
Credit financing.
11. Resolution 2022-068 Adopting Amended Rules of Procedure Governing the Conduct of City Council
Meetings and Council Work Sessions.
The purpose of this item is to update Council meeting rules to reflect and clarify desired procedures
including order of business, signing in for public comment, and manner of addressing comments.
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12. Resolution 2022-069 Reappointing Michelle Kline as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
The purpose of this item is to reappoint Michelle Kline as Assistant Municipal Judge for the Fort Collins
Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for
two-year terms. This will be Judge Kline’s second term. Chief Judge Jill A. Hueser recommends that
Judge Kline be reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge.
13. Resolution 2022-070 Expressing the Council’s Support for Protection of Reproductive Rights and
Concern about the Threat to Them Presented by Recent U.S. Supreme Court Action.
The purpose of this item is to bring a Resolution, after consultation with the Mayor and Mayor Pro Tem,
expressing concern regarding the recent United States Supreme Court decision in Dobbs v. Jackson
Women’s Health Organization, and expressing support for protection of reproductive rights, privacy,
dignity, and self-determination.
13A. First Reading of Ordinance No. 085, 2022, Making Supplemental Appropriations of Grant Funds from
the Pools Special Initiative 2022 Program.
The purpose of this item is to appropriate funding received by the Colorado Department of Local Affairs
to recruit and retain public swimming pool employees.
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
A. Staff Report: Camping Enforcement and Response (Brittany Depew, John Feyen)
L) COUNCILMEMBER REPORTS
M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
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N) Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff
● Staff presentation (optional)
● Mayor requests public comment on the item (three minute limit for each person)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. If attending in person, please sign in at the table in the
back of the room. The timer will buzz when there are 30 seconds left and the light will turn
yellow. It will buzz again at the end of the speaker’s time.
14. Second Reading of Ordinance No. 079, 2022, Amending Chapter 7 of the Code of the City of Fort
Collins to Clarify, Revise and Strengthen Restrictions and Requirements for Campaign Finance in City
Elections. (staff: Anissa Hollingshead; 5 minute presentation; 10 minute discussion)
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 4-3 (Nays: Francis, Peel,
Pignataro), considers amendments to Chapter 7 of City Code related to clarifying, revising and
strengthening restrictions and requirements for campaign finance in City elections. Based on the
discussion at First Reading, potential amendments to the proposed ordinance have been prepared to
address the issues outlined during deliberations. Councilmembers may choose to make one or more
of these amendments to the proposed ordinance before potentially adopting the ordinance.
15. Second Reading of Ordinance No. 080, 2022, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to the City Charter Concerning the Use of a Ranked Voting
Method to Elect Future Mayors and Councilmembers of the City of Fort Collins. (staff: Anissa
Hollingshead; no presentation; 15 minute discussion)
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Peel), submits a
City-initiated Charter Amendment to the registered electors of the City at the November 8, 2022 special
election. This Charter amendment proposes to amend various provisions of the Charter to require the
use of a ranked voting method beginning in 2025.
16. Second Reading of Ordinance No. 081, 2022, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to the City Charter Shifting the City’s Regular Municipal
Election from each Odd-Year April to each Odd-Year November. (staff: Anissa Hollingshead; no
presentation; 15 minute discussion)
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Pignataro), submits
a City-initiated Charter Amendment to the registered electors of the City at the November 8, 2022
special election. This Charter amendment proposes to shift the date of regular City elections to be held
in November of odd years instead of April. This shift would also allow for coordinating elections with
Larimer County.
17. Second Reading of Ordinance No. 082, 2022, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Article II of the City Charter Concerning Compensation
of the Mayor and Councilmembers of the City of Fort Collins. (staff: Teresa Roche; 2 minute
presentation; 15 minute discussion)
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Gutowsky) will
minimize compensation as a barrier to service on Council and to recognize the increasing size of Fort
Collins and the growing complexity of matters coming before Council has increased time commitments.
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Council would like to consider changing Council compensation using the Average Median Income AMI,
for a single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as
determined and adjusted annually by the U.S. Department of Housing and Urban Development, and
to offer the option to participate in the City organization’s healthcare-related benefits on the same
terms those benefits are available to City employees.
The proposed effective date is January 2023 and the compensation for members of the Council shall
be paid biweekly and adjusted annually as follows:
(1) For the Mayor: seventy-five percent (75%) of Area Median Income.
(2) For the Mayor Pro Tem: sixty percent (60%) of Area Median Income.
(3) For all other Councilmembers: fifty percent (50%) of Area Median Income.
18. First Reading of Ordinance No. 084, 2022, Amending the City of Fort Collins District-Precinct Map
Following the Decennial Census. (staff: Anissa Hollingshead; 10 minute presentation; 30 minute
discussion)
The purpose of this item is to amend the City’s district boundaries following the decennial census in
compliance with Section 7-87 of the City Code, including aligning City precinct boundaries with County
precinct boundaries.
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.)
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.
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 7, 2022 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 7, 2022 Regular meeting.
ATTACHMENTS
1. June 7, 2022 (PDF)
1
Packet Pg. 10
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June 7, 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, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
• AGENDA REVIEW: CITY MANAGER
Spanish interpretation options for the meeting were outlined and the video outlining public
participation options was played.
Interim City Manager DiMartino stated Council will be considering two different Executive
Sessions after consideration of the Consent Agenda, during which the public broadcast will be
paused. The broadcast will resume during the Other Business portion of the meeting.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Sandy Lemburg opposed the use of Executive Sessions by Council to conduct business and
suggested Council take a break to consider transition to a strong Mayor and Council governing
system.
Beth DeHaven, Moms Demand Action, requested Fort Collins take action on gun control as is
occurring in other Colorado communities.
Ginny Mack supported local action on gun control stating gun violence is a public health crisis.
Sara Tarr stated she was a victim of workplace gun violence and supported local action on gun
control.
Gena Magill discussed suicide-related gun violence and supported local action on gun control.
Linda Blake questioned Council’s beliefs regarding whether 18-year-olds should be able to
purchase semi-automatic weapons and stated she expects local action on gun control.
Deborah Snyder requested information on how to register a complaint about speeding on Highway
287 northwest of Highway 1.
Dorna Khamsi expressed frustration with the speed of gun reform and supported local action on
gun control to ban assault rifles and high-capacity magazines.
Samantha Fowler discussed her experience in conducting active shooter drills with
kindergarteners. She supported local action on gun control.
Beth Goodwin, Democratic Socialists of America, supported appropriate local action on gun
control that will not disproportionately criminalize marginalized people.
Scott Marshall suggested showing photos of the victims of gun violence may be helpful in
encouraging gun control measures to move forward. He supported local action on gun control.
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City of Fort Collins Page 219
Abby Wails, Moms Demand Action, discussed the fear experienced by the current generation of
children and supported local action on gun control.
Sally Lee shared her experience as a victim of gun violence and requested the City consider the
formation of a memorial park for COVID victims for a place of peaceful reflection. She also
suggested individuals could have the ability to buy a tree in someone’s honor.
Hermi LaPoint requested the City consider the formation of an outdoor place of remembrance or
a memorial park related to the pandemic.
Reverend Kimberly Salico Diehl spoke as a pastor in support of the formation of a place of
remembrance or a memorial park.
Charlie Meserlian expressed concern about the planned location of a homeless shelter on North
College.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Francis requested an update regarding the formation of a memorial park. Interim
City Manager DiMartino replied some ideas and options for future consideration are in the mix;
however, there is currently no firm path forward. She stated interested individuals should contact
Nina Bodenhamer, the City Give Director, or email city leaders.
Mayor Pro Tem Francis stated the Leadership Planning Team has discussed hosting a no questions
asked gun buy-back program and requested staff provide a memo regarding local gun control
measures around the state and outlining possible next steps.
Councilmember Canonico thanked the individuals who spoke during public comment and stated
she looks forward to seeing a staff memo on the issue.
Councilmember Gutowsky commented on trading thoughts and prayers for policy and change and
she urged individuals to use their vote to reflect their values. She supported the idea of the creation
of a memorial or reflection park.
Councilmember Peel commented on growing up near Uvalde, Texas. She stated she believes the
Second Amendment does provide the right to bear arms; however, with any right comes
responsibility. She stated trust in the government needs to be restored and common sense, non -
reactive and non-controlling legislation should be crafted, beginning with mental health. She
stated the desensitizing of children, beginning with media, movies, and video games should be
addressed.
Mayor Arndt thanked the speakers and supported the idea of the creation of a memorial or
reflection park. She thanked Moms Demand Action for their work at the state level.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items on the Consent Agenda.
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RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular
Meetings. (Approved)
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. (Adopted on Second
Reading)
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. (Adopted on Second Reading)
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.
4. Items Relating to the 2021 International Fire Code. (Adopted on Second Reading)
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
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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. (Adopted on Second Reading)
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 Financin g of
Certain City Projects. (Adopted on Second Reading)
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. (Adopted on Second Reading)
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.
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. (Adopted on First Reading)
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. (Adopted on First Reading)
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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. (Adopted on First Reading)
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 Com munity Development Block
Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. (Adopted on First
Reading)
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.
(Adopted on First Reading)
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. (Adopted)
The purpose of this item is to declare the City’s official intent to reimbursed the applicable City f und
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).
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. (Adopted)
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 mont h.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on attending the Police Academy and Poudre Fire Authority
graduation ceremonies, a tour of the CSU Spur facility in Denver, and tours of the existing and
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new landfill sites. She also reported on the recent Behavioral Health Policy Council meeting. She
requested an update on the recent international conference attended by two Councilmembers.
Councilmember Canonico replied a presentation will be shared at Monday’s Futures Committee
meeting on the topic of 15-minute communities.
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Peel requested and received Council support to allow the URA Board to consider
the South College corridor for a blight study. Interim City Manager DiMartino clarified Council
would need to take initiating action for a blight study.
Councilmember Peel requested Council support to direct staff to draft an ordinance creating a
temporary advisory board for Connexion. Interim City Manager DiMartino stated that item was to
be discussed as part of a November work session on Connexion. Mayor Pro Tem Francis suggested
staff prepare a memo on such an advisory board with possible recruitment during the next cycle of
Boards and Commissions recruitment.
Mayor Pro Tem Francis requested staff provide options related to a possible gun buyback program.
Interim City Manager DiMartino replied Police Services will be completing some brief research
and will bring forth options soon.
B. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief Judge, City
Attorney and Interim City Manager:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, 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.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
C. Consideration of a motion to go into Executive Session to discuss next steps related to the City Manager
recruitment:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, 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).
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
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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. (Adopted)
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 ma y
wish to give that direction by motion in lieu of approving the Resolution.
Councilmember Ohlson made a motion, seconded by Councilmember Pignataro, to place the name
of Kelly DiMartino as the sole candidate for the City Manager position contingent on successful
contract negotiations. By unanimous consent, the motion was amended to include the adoption of
Resolution 2022-038 and naming Mayor Arndt and Mayor Pro Tem Francis to constitute the
negotiating team.
Mayor Pro Tem Francis commended the work of DiMartino in her interim role.
Mayor Arndt stated she is thrilled to support the Resolution and is optimistic about the future of
the City organization under DiMartino’s leadership.
Councilmember Canonico stated Council’s sole interest during the City Manager recruitment
process was ensuring it made the right decision for Fort Collins, and naming DiMartino as City
Manager is in the best interest of the city.
RESULT: RESOLUTION 2022-038 ADOPTED [UNANIMOUS]
MOVER: Kelly Ohlson, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 10:02 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Nina Bodenhamer, City Give Director
Ted Hewitt, Legal
SUBJECT
Second Reading of Ordinance No. 071, 2022, Appropriating Philanthropic Revenue Received Through City
Give for the Art in Public Places Program, Pianos About Town Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates $39,991 in
philanthropic revenue for Art in Public Places, Cultural Services. The grant award is received from Bohemian
Foundation for the designated purpose of Pianos About Town, a collaborative effort among the City of Fort
Collins Art in Public Places, the Fort Collins Downtown Development Authority, and the donor, Bohemian
Foundation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 071, 2022 (PDF)
2
Packet Pg. 18
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Nina Bodenhamer, City Give Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 071, 2022, Appropriating Philanthropic Revenue Received Through City Give
for the Art in Public Places Program, Pianos About Town Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $39,991 in philanthropic revenue for Art in Public Places, Cultural
Services. The grant award is received from Bohemian Foundation for the designated purpose of Pianos About
Town, a collaborative effort among the City of Fort Collins Art in Public Places, the Fort Collins Downtown
Development Authority, and the donor, Bohemian Foundation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Pianos About Town is a collaborative project among the City of Fort Collins’ Art in Public Places (APP), the
Downtown Development Authority's Art in Action Program, and Bohemian Foundation. The project involves local
artists painting or artistically decorating pianos at the Art in Action tent in Old Town Square where the public can
watch the creative process and interact with the artists.
Pianos About Town contributes to the vibrancy of Fort Collins, making art and music fun and accessible for all.
These colorfully painted pianos are rotated about town for the public to enjoy as both musical instruments and
works of art.
The $39,991 in philanthropic revenue is a partial award toward the total 2021/2022 grant award of $94,025.
The first pianos were placed in Old Town in 2010. Since then, more than 130 donated pianos have been
decorated and placed into rotation at sites throughout Fort Collins. The painting and decorating of pianos takes
place throughout the year but is moved to indoor venues during the winter months. Area businesses play a key
role in the success of the project by "adopting" the painted pianos and covering them during inclement weather.
The City’s responsibilities for the funding include but are not limited to: annually acquiring, repairing, pre-painting
preparing, and tuning twelve to thirteen pianos; the coordination of placement, moving and piano tuning; working
with appropriate City departments, the DDA and property owners on logistics for placing pianos in desired
locations; selecting and managing the visual artists; managing logistics with area partners or other entities to
cover and uncover pianos; and, collaborating with Bohemian Foundation to host Pianos About Town related
events.
The grant is awarded by Bohemian Foundation, a Fort Collins-based private family foundation that supports
local, national, and global efforts to build strong communities.
ATTACHMENT 1
COPY2.1
Packet Pg. 19 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11747 : SR 071 APP Pianos)
Agenda Item 6
Item # 6 Page 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $39,991 in philanthropic revenue for Art in Public Places, Cultural Services. The
funds have been received and accepted per City Give Administrative and Financial Policy. COPY2.1
Packet Pg. 20 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11747 : SR 071 APP Pianos)
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ORDINANCE NO. 071, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR
THE ART IN PUBLIC PLACES PROGRAM,
PIANOS ABOUT TOWN PROJECT
WHEREAS, the Pianos About Town project was started by the City’s Art in Public Places
(APP) program in 2010 and involved local artists painting or decorating pianos in Old Town
Square, with the finished pianos being rotated throughout Fort Collins for the public to enjoy; and
WHEREAS, Pianos About Town is now a collaboration between APP, the Downtown
Develop Authority’s Art in Action program, and Bohemian Foundation; and
WHEREAS, Bohemian Foundation has donated $39,991 to support Pianos About Town
in 2022, and this Ordinance would appropriate the donated funds for that purpose; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of contributing to the vibrancy of Fort Collins by making
art and music fun and accessible for all; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make 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 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 for the Pianos
About Town grant as an appropriation that shall not lapse the earlier of the expiration of the grant
until the earlier of the expiration of the private grant or donation or the City’s expenditure of all
funds received from such grant or donation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Packet Pg. 21 Attachment: Ordinance No. 071, 2022 (11747 : SR 071 APP Pianos)
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from new philanthropic revenue in the
Cultural Services and Facilities Fund the sum of THIRTY-NINE THOUSAND NINE HUNDRED
NINTY-ONE DOLLARS ($39,991) to be expended in the Cultural Services and Facilities Fund
for the Art in Public Places program.
Section 3. That the appropriation herein for the Pianos About Town grant 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 or donation.
Introduced, considered favorably on first reading and ordered published this 21st
day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
2.2
Packet Pg. 22 Attachment: Ordinance No. 071, 2022 (11747 : SR 071 APP Pianos)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Amanda Newton, Sr. Treasury Analyst
Blaine Dunn, Accounting Director
John Duval, Legal
SUBJECT
Items Relating to Appropriations for Southridge Golf Course Irrigation System Inst allation and Fleet Shop
Expansion.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 072, 2022, Making Supplemental Appropriations in the Golf Fund from
Anticipated Lease Financing Proceeds and Authorizing Transfers from the Golf Fund for the Southridge
Golf Course Irrigation Project and Related Art in Public Places.
B. Second Reading of Ordinance No. 073, 2022, Making Supplemental Appropriations from Anticipated
Lease Financing Proceeds and Prior Year Reserves in the Equipment Fund and Authorizing Transfers
From the Equipment Fund for the Fleet Shop Expansion Project and Related Art in Public Places.
These Ordinances, unanimously adopted on First Reading on June 21, 2022, consider two appropriations for
Southridge Golf Course Irrigation System Installation and Fleet Shop Expansion, in order to allow work to
proceed expeditiously in light of increasing costs. Council has previously approved Ordinance No. 062, 2022,
authorizing the issuance of 2022 COPS for the financing of these projects. Payments paid with the 2022
appropriation will be reimbursed with the proceeds from the 2022 COPs and put back in the appropriate
reserve fund. Council has adopted Resolution 2022 -058 to declare City’s official intent to reimburse the
applicable City funds for initial expenditures with the proceeds from the issuance of the 2022 COPs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 072, 2022 (PDF)
3. Ordinance No. 073, 2022 (PDF)
3
Packet Pg. 23
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Amanda Newton, Sr. Treasury Analyst
Blaine Dunn, Accounting Director
John Duval, Legal
SUBJECT
Items Relating to Appropriations for Southridge Golf Course Irrigation System Installation and Fleet Shop
Expansion.
EXECUTIVE SUMMARY
A.First Reading of Ordinance No. 072, 2022, Making Supplemental Appropriations in the Golf Fund from
Anticipated Lease Financing Proceeds and Authorizing Transfers from the Golf Fund for the Southridge Golf
Course Irrigation Project and Related Art in Public Places.
B.First Reading of Ordinance No. 073, 2022, Making Supplemental Appropriations from Anticipated Lease
Financing Proceeds and Prior Year Reserves in the Equipment Fund and Authorizing Transfers From the
Equipment Fund for the Fleet Shop Expansion Project and Related Art in Public Places.
The purpose of this item is to consider two ordinances related to the appropriation for Southridge Golf Course
Irrigation System Installation and Fleet Shop Expansion, in order to allow work to proceed expeditiously in light
of increasing costs. Council has previously approved Ordinance No. 062, 2022, authorizing the issuance of
2022 COPS for the financing of these projects. Payments paid with the 2022 appropriation will be reimbursed
with the proceeds from the 2022 COPs and put back in the appropriate reserve fund. Council has adopted
Resolution 2022-058 to declare City’s official intent to reimburse the applicable City funds for initial expenditures
with the proceeds from the issuance of the 2022 COPs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Southridge Golf Irrigation System Project
The project is to install a new irrigation system at Southridge golf course located at 5750 South Lemay Avenue.
It is an 18-hole golf course situated on 128 acres in southeast Fort Collins and 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.
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 laws and regulations. A comprehensive facility audit
conducted in 2018 determined the existing garage facility located at 835 Wood Street did not meet all applicable
ATTACHMENT 1
COPY3.1
Packet Pg. 24 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop
Agenda Item 7
Item # 7 Page 2
laws and regulations. The expansion will also help meet the increasing demand for more maintenance
workspace as the City’s vehicle fleet grows.
Council has previously approved Ordinance No. 062, 2022, authorizing the issuance of 2022 COPS for the
financing of these projects.
CITY FINANCIAL IMPACTS
Southridge Golf Course Irrigation System Installation Appropriation
The total cost for Southridge Golf Course irrigation system installation is estimated at $5 million, and staff is
recommending financing the entire amount through the issuance of the 2022 COPs. The principal borrowed is
the balance of the $5.18 million costs after accounting for the closing costs of $0.18 million In 2019, $125,000
was appropriated out of General Fund Irrigation Reserves for this project. In 2022, $375,000 was appropriated
out of General Fund Irrigation Reserves and $825,000 was appropriated out of Golf Fund Reserves for the Art
in Public Places (APP) contribution and contingency in case the system cost exceeds the original estimate. The
APP contribution was $13,250. Payments paid with the 2022 appropriation will be reimbursed with the proceeds
from the 2022 COPs and put back in Golf Reserves. Council has previously adopted Resolution 2022-058 to
declare City’s official intent to reimburse the applicable City funds for initial expenditures with the proceeds from
the issuance of the 2022 COPs.
This Ordinance will appropriate a total of $3,981,415. The source and use of the funds are as follows:
This appropriation will increase the total appropriations in the Golf fund by $3.98 million, and transfer $36,750 to
the Cultural Services Fund for APP.
Fleet Shop Expansion
The total cost of the project is estimated at $4.51 million. $431,000 was appropriated for the cost of construction
design in the City’s 2022 annual appropriation. With this previous appropriation the City is planning on using
$1.08 million from prior year reserves in the Equipment Fund and seeking $3 million from the issuance of 2022
COPs to finance the construction costs of this project. The principal borrowed is the balance of the $3.11 million
costs after accounting for the closing costs of $0.11 million.
This ordinance will appropriate a total of $4,187,746. The source and use of the funds are as follows:
This appropriation will increase the total appropriations in the Equipment Fund by $4.19 million, and will transfer
$45,120 to the Cultural Services Fund for APP
Source of Funds Use of Funds
COPs $5,181,415 Project Payment $4,963,250
Prior Appropriation (1,200,000)Closing Costs 181,415
Art in Public Places 36,750
Reimburse Prior Appropriation (1,200,000)
Total $3,981,415 Total $3,981,415
Source of Funds Use of Funds
COPs $3,106,746 Project Payment $4,035,880
Equipment Fund Reserves $1,081,000 Closing Costs 106,746
Art in Public Places 45,120
Total $4,187,746 Total $4,187,746COPY 3.1
Packet Pg. 25 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop
-1-
ORDINANCE NO. 072, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATIONS IN THE GOLF FUND FROM
ANTICIPATED LEASE FINANCING PROCEEDS AND AUTHORIZING TRANSFERS
FROM THE GOLF FUND FOR THE SOUTHRIDGE GOLF COURSE IRRIGATION
PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, on June 7, 2022, the City Council adopted Ordinance No. 062, 2022, to
authorize and approve the issuance of certificates of participation in a lease-lease back transaction
for the funding of certain City capital projects (“2022 COPs”); and
WHEREAS, one of the City capital projects designated to be funded with some of the
proceeds from the 2022 COPs is the installation of a new irrigation system at the City’s Southridge
Golf Course (the “Project”); and
WHEREAS, the purpose of this appropriation and transfer of funds is to authorize the use
of a portion of the proceeds the City will be receiving from the issuance of the 2022 COPs to fund
the Project and the related expenditures under the City’s Art in Public Places program (“APP
Program”); and
WHEREAS, this appropriation and transfers benefit the public health, safety and welfare
of the citizens of Fort Collins and serve the public purpose of funding a new irrigation system for
the Southridge Golf Course and providing public art under the APP Program; and
WHEREAS, since the Project involves construction estimated to cost more than $250,000,
Section 23-304 of the City Code requires one percent of these qualified appropriations to be
transferred to the Cultural Services and Facilities Fund for use in the APP Program; and
WHEREAS, the total cost of the Project is $5,181,415 and includes a prior appropriation
of $125,000 completed in the City’s 2019 annual appropriation and a prior appropriation of
$1,200,000 in Ordinance No. 001, 2022, (“Ordinance No. 001”) and the total cost of the Project,
excluding the closing costs of $181,415, has been used to calculate the contributions to the APP
Program; and
WHEREAS, contributions to the APP program in the total amount of $13,250 was included
in Ordinance No. 001 and the total amount to be contributed in this Ordinance is $36,750; and
WHEREAS, it is intended that $1,200,000 of the proceeds received from the 2022 COPs
are to be used to reimburse the Golf Fund for the funds appropriated in and previously expended
under Ordinance No. 001 for the Project by depositing such proceeds in the reserves of the Golf
Fund, as such reimbursement has been authorized by City Council in Resolution 2022-058; 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
3.2
Packet Pg. 26 Attachment: Ordinance No. 072, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
-2-
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 appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the Golf Fund and will not cause the total amount appropriated in the Golf 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, which will include proceeds from the issuance of the 2022 COPs; 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 $36,750 from the
Golf Fund to the Cultural Service & 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 Project
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 new revenue or other funds in the
Golf Fund the sum of THREE MILLION NINE HUNDRED EIGHTY-ONE THOUSAND FOUR
HUNDRED FIFTEEN DOLLARS ($3,981,415) to be expended in the Golf Fund for the Project.
Section 3. That the unexpended and unencumbered appropriated amount of
TWENTY-EIGHT THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS ($28,665) in the
Golf Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated therein for the APP Program art projects.
Section 4. That the unexpended and unencumbered appropriated amount of SEVEN
THOUSAND THREE HUNDRED FIFTY DOLLARS ($7,350) in the Golf Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP Program
3.2
Packet Pg. 27 Attachment: Ordinance No. 072, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
-3-
operation costs.
Section 5. That the unexpended and unencumbered appropriated amount of SEVEN
HUNDRED THIRTY-FIVE DOLLARS ($735) in the Golf Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the APP Program maintenance
costs.
Section 6. That the appropriation herein for the Project 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.
Section 7. That ONE MILLION TWO HUNDRED THOUSAND DOLLARS
($1,200,000) of the proceeds received from the 2022 COPs shall be deposited into the reserves of
the Golf Fund to reimburse it for the funds appropriated in and previously expended under
Ordinance No. 001, 2022 for the Project, as intended by City Council Resolution 2022-058.
Introduced, considered favorably on first reading, and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
3.2
Packet Pg. 28 Attachment: Ordinance No. 072, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
-1-
ORDINANCE NO. 073, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM ANTICIPATED
LEASE FINANCING PROCEEDS AND PRIOR YEAR RESERVES IN THE EQUIPMENT
FUND AND AUTHORIZING TRANSFERS FROM THE
EQUIPMENT FUND FOR THE FLEET SHOP EXPANSION PROJECT AND RELATED
ART IN PUBLIC PLACES
WHEREAS, on June 7, 2022, the City Council adopted Ordinance No. 062, 2022, to
authorize and approve the issuance of certificates of participation in a lease-lease back transaction
for the funding of certain City capital projects (“2022 COPs”); and
WHEREAS, one of the City capital projects designated to be funded with some of the
proceeds from the 2022 COPs is the construction of two garage bays to maintain the City’s fleet
vehicles that use compressed natural gas (the “Project”); and
WHEREAS, the purpose of these appropriations and transfers of funds is to authorize the
use of a portion of the proceeds the City will be receiving from the issuance of the 2022 COPs to
fund the Project, as well as prior year reserves in the Equipment Fund, to fund the Project and the
related expenditures under the City’s Art in Public Places program (“APP Program”); and
WHEREAS, these appropriations and transfers benefit the public health, safety and welfare
of the citizens of Fort Collins and serve the public purpose of funding the Project and providing
public art under the APP Program; and
WHEREAS, since this Project involves construction estimated to cost more than $250,000,
Section 23-304 of the City Code requires one percent of these qualified appropriations to be
transferred to the Cultural Services and Facilities Fund for use in the APP Program; and
WHEREAS, the total project cost of $4,618,746 includes a prior appropriation of $431,000
completed in the City’s 2022 annual appropriation and the total project cost, excluding the closing
costs of $106,746, has been used to calculate a $45,120 contribution to the APP 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 from the
anticipated proceeds of the issuance of the 2022 COPs described herein and determined that this
appropriation is available and previously unappropriated from the Equipment Fund and will not
cause the total amount appropriated in the Equipment 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
3.3
Packet Pg. 29 Attachment: Ordinance No. 073, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
-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 appropriation from prior year
reserves in the Equipment Fund described herein and determined that this appropriation is
available and previously unappropriated from the Equipment Fund and will not cause the total
amount appropriated in the Equipment 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 $45,120 from the
Equipment Fund to the Cultural Service & 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 Project
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 new revenue or prior year reserves
in the Equipment Fund the sum of FOUR MILLION ONE HUNDRED EIGHTY-SEVEN
THOUSAND SEVEN HUNDRED FORTY-SIX DOLLARS ($4,187,746) to be expended in the
Equipment Fund for the Project.
Section 3. That the unexpended and unencumbered appropriated amount of THIRTY-
FIVE THOUSAND ONE HUNDRED NINETY-FOUR DOLLARS ($35,194) in the Equipment
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated
therein for the APP Program art projects.
3.3
Packet Pg. 30 Attachment: Ordinance No. 073, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
-3-
Section 4. That the unexpended and unencumbered appropriated amount of NINE
THOUSAND TWENTY-FOUR DOLLARS ($9,024) in the Equipment Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP Program
operation costs.
Section 5. That the unexpended and unencumbered appropriated amount of NINE
HUNDRED TWO DOLLARS ($902) in the Equipment Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the APP Program maintenance
costs.
Section 6. That the appropriation herein for the Project 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 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
3.3
Packet Pg. 31 Attachment: Ordinance No. 073, 2022 (11748 : SR 072 073 Southridge Irrigation/ Fleet Shop Expansion Appropriation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
Second Reading of Ordinance No. 074, 2022, Appropriating Prior Year Re serves and Authorizing Transfers of
Appropriations for the Linden Street Renovation Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for
the Linden Street Renovation project (the “Project”). The Project is experiencing inflationary pressures and the
cost to complete the work now exceeds the appropriated budget requiring either : (1) delay final delivery of the
Project; and/or (2) securing additional funds to complete the Project. To reduce the scope of the Project means
delivering a project that fails to meet established City standards for urban design and landscaping. To delay
final delivery until funding becomes available will negatively impact other transportation capital projects
currently in the delivery pipeline. Staff recommends supplemental appropriation of $500,000 to allow for
completion of the Project as intended when construction commenced. This request is being made to Council
now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction
project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 074, 2022 (PDF)
4
Packet Pg. 32
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 074, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Linden Street Renovation Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate additional funding for the Linden Street Renovation project (the
“Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds
the appropriated budget requiring either: (1) delay final delivery of the Project; and/or (2) securing additional
funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet
established City standards for urban design and landscaping. To delay final delivery until funding becomes
available will negatively impact other transportation capital projects currently in the delivery pipeline. Staff
recommends supplemental appropriation of $500,000 to allow for completion of the Project as intended when
construction commenced. This request is being made to Council now to avoid additional negative cost impacts
due to potentially pausing and restarting an active construction project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project will transform Linden Street between Jefferson and Walnut Streets into a “convertible street” – a
roadway that can be closed to vehicular and bicycle traffic and transformed into a pedestrian gathering space
during specialty events. Construction originally was planned for 2020, with the entire project to be built at once.
Due to the onset of the COVID-19 pandemic, construction was postponed and broken into two phases to
minimize impacts to the businesses within the footprint of the project. Phase 1 of construction was completed in
2021. Phase 2 of construction began in February of this year and completion is anticipated in July. Staff
anticipated that splitting the project into two phases would result in increased mobilization and oversight costs.
An additional $400,000 was appropriated via a 2022 Budget for Outcomes offer to address this cost increase.
Beginning in the Summer of 2021, the nation, the State of Colorado, and the northern Colorado region began
experiencing significant inflation in construction costs (Attachments 1, 2, and 3). The two most recent Colorado
Department of Transportation Colorado Construction Cost Index reports indicate annual percentage changes of
17.45% (Q4 2021) and 31.79% (Q1 2022). These inflationary pressures impacted the Project as pricing was
being finalized for Phase 2 construction in the Fall of 2021. Price increases for many unit price work items led
to an increase of approximately $500,000 to deliver the identified scope of work.
ATTACHMENT 1
COPY4.1
Packet Pg. 33 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11749 : SR 074 Linden Street Renovation Appropriation)
Agenda Item 8
Item # 8 Page 2
Staff has identified two alternatives to reach project completion:
• Option 1: Delay non-essential scope of work items until additional funding can be secured. Specifically, the
temporary scope reduction likely would include delays in construction of landscaping, irrigation, seat wall
caps, and outdoor furniture. This option, however, would result in the project not meeting the identified project
goals within the promised time frame, expose the remaining work to the likelihood of continued inflation of
costs, and negatively impact the schedule and budgets for other transportation capital projects in the design,
acquisition, and construction pipeline.
• Option 2: Secure supplemental appropriation to complete the identified scope of work on schedule.
Figure 1 - Project Budget (Option 2)
CITY FINANCIAL IMPACTS
The following is a summary of the current and proposed funding appropriations for the Linden Street Renovation
project.
Prior Appropriated Funds
CCIP Fund (2019-2020 BFO Offer 1.10), 2019 $563,000
CCIP Fund (2019-2020 BFO Offer 1.10), 2020 $2,898,000
CCIP Fund (2019-2020 BFO Offer 1.10), 2022 $400,000
Total Prior Appropriation $3,861,000
Prior Transfer to Art in Public Places $38,610
Funds to be Appropriated with this Action
CCIP Fund Reserves $500,000
Total Funds to be Appropriated per this Action $500,000
Transfer to Art in Public Places per this Action $5,000
Total Current Project Budget $4,361,000
Total Transfer to Art in Public Places $43,610
BOARD / COMMISSION RECOMMENDATION
Staff presented this request for supplemental appropriation for the Project to the Council Finance Committee on
June 2, 2022, receiving a recommendation from the Committee (Attachment 4). Prior to construction, the Project
was presented to several boards and commissions including Council, Council Finance Committee, Downtown
Development Authority Board, and Transportation Board. Minutes from previous Board and Commission
meetings were attached to earlier City Council agenda items and updates regarding this Project.
PUBLIC OUTREACH
Prior to and during construction the Project has been presented at numerous public outreach events beginning
in 2019, including an open house held in December of 2021.
Project Funding TCEF CCIP - Project
Specific TOTAL Increase
Existing 400,000$ 3,461,000$ 3,861,000$
Proposed -$ 500,000$ 500,000$
Total 400,000$ 3,961,000$ 4,361,000$
Linden Street
Renovation 13%COPY4.1
Packet Pg. 34 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11749 : SR 074 Linden Street Renovation Appropriation)
Agenda Item 8
Item # 8 Page 3
ATTACHMENTS
1. Engineering News Record, Construction Cost Index History – As of June 2022 (PDF)
2. Engineering News Record, City Cost Index – Denver – As of May 2022 (PDF)
3. Colorado Construction Cost Index Report (PDF)
4. Council Finance Committee Minutes (draft) (PDF) COPY4.1
Packet Pg. 35 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11749 : SR 074 Linden Street Renovation Appropriation)
-1-
ORDINANCE NO. 074, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE LINDEN STEET RENOVATION PROJECT AND
RELATED ART IN PUBLIC PLACES
WHEREAS, the Linden Street Renovation Project (the “Project”) was approved by City
Council to transform Linden Street between Jefferson and Walnut Streets into a “convertible
street” – a roadway that can be closed to vehicular and bicycle traffic and transformed into a
pedestrian gathering space during specialty events; and
WHEREAS, construction of this Project originally was planned to begin in 2020, with the
entire Project to be built at once; and
WHEREAS, due to the onset of the COVID-19 pandemic, construction was postponed and
broken into two phases to minimize impacts to the businesses within the footprint of the project;
and
WHEREAS, Phase 1 of the Project’s construction was completed in 2021, and Phase 2 of
construction began in February of this year, with completion anticipated in July; and
WHEREAS, City staff anticipated that splitting the project into two phases would result in
increased mobilization and oversight costs; accordingly, an additional $400,000 was appropriated
via a 2022 Budget for Outcomes offer to address this increase; and
WHEREAS, beginning in the Summer of 2021, the nation, the State of Colorado, and the
northern Colorado region began experiencing significant inflation in construction costs, reflected
in the two most recent Colorado Department of Transportation Colorado Construction Cost Index
reports, indicating annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022); and
WHEREAS, these inflationary pressures impacted the Project as pricing was being
finalized for Phase 2 of construction in the Fall of 2021, resulting in price increases for many unit
price work items and an increase in overall costs of approximately $500,000 to deliver the
identified scope of work; and
WHEREAS, City staff has identified two options to reach project completion; and
WHEREAS, the first option would be to delay non-essential scope of work items until
additional funding can be secured by delaying construction of landscaping, irrigation, seat wall
caps, and outdoor furniture; and
WHEREAS, the second option would be to secure supplemental appropriation totaling
$500,000 at this time to meet the Project requirements; and
WHEREAS, approving a supplemental appropriation at this time is preferred because the
first option would result in the project not meeting the identified project goals within the promised
4.2
Packet Pg. 36 Attachment: Ordinance No. 074, 2022 (11749 : SR 074 Linden Street Renovation Appropriation)
-2-
time frame, it would expose the remaining work to the likelihood of continued inflation of costs,
and it would negatively impact the schedule and budgets for other transportation capital projects
in the design, acquisition, and construction pipeline; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; 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
(the “APP Program”); and
WHEREAS, the total project cost of $4,361,000 includes a prior appropriation of
$3,861,000 completed in the 2019-20 Budget, and the total project cost has been used to calculate
the required contribution to the APP program; and
WHEREAS, a contribution to the APP program in the amount of $38,610 was included in
the 2019-20 Budget; therefore, the amount to be contributed to the APP Program by this Ordinance
will be $5,000; 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 appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the Community Capital Improvement Project Fund, and will not cause the total amount
appropriated in the Community Capital Improvement Program Fun, 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 $5,000 from the
Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose
for which the transferred funds are to be expended remains unchanged; and
4.2
Packet Pg. 37 Attachment: Ordinance No. 074, 2022 (11749 : SR 074 Linden Street Renovation Appropriation)
-3-
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.
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 Community
Capital Improvement Program Fund the sum of FIVE HUNDRED THOUSAND DOLLARS
($500,000) to be expended in the Community Capital Improvement Program Fund for transfer to
the Capital Projects Fund for the Linden Street Renovation project and appropriated therein.
Section 3. That the unexpended and unencumbered appropriated amount THREE
THOUSAND NINE HUNDRED DOLLARS ($3,900) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein to fund art projects under the APP Program.
Section 4. That the unexpended and unencumbered appropriated amount of ONE
THOUSAND DOLLARS ($1,000) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the operation
costs of the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of ONE
HUNDRED DOLLARS ($100) in the Capital Projects 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 Linden Street Renovation project 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 21st
day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
4.2
Packet Pg. 38 Attachment: Ordinance No. 074, 2022 (11749 : SR 074 Linden Street Renovation Appropriation)
-4-
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
4.2
Packet Pg. 39 Attachment: Ordinance No. 074, 2022 (11749 : SR 074 Linden Street Renovation Appropriation)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
Second Reading of Ordinance No. 075, 2022, Appropriating Prior Year Re serves and Making Supplemental
Appropriations and Authorizing Transfers of Appropriations for the South Timberline Corridor and Related Art
in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for
the South Timberline Corridor project (the “Project”). The Project is experiencing inflationary pressures and
the cost to complete the work now exceeds the appropriated budget requiring either : (1) reduction in scope of
the Project; (2) delay final delivery of the Project; and/or (3) secure additional funds to complete the Project. To
reduce the scope of the Project means delivering a project that fails to meet established City standards for
urban design and landscaping. To delay final delivery until funding becomes available will negatively impact
other transportation capital projects currently in the delivery pipeline. Staff recommends a total supplemental
appropriation of $2,332,770 to allow for completion of the Project as i ntended when construction commenced.
The total includes $2,148,000 in new funding plus $184,770 in developer contributions committed to the project
scope. This request is being made to Council now to avoid additional negative cost impacts due to potential ly
pausing and restarting an active construction project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 075, 2022 (PDF)
5
Packet Pg. 40
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 075, 2022, Appropriating Prior Year Reserves and Making Supplemental
Appropriations and Authorizing Transfers of Appropriations for the South Timberline Corridor and Related Art
in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate additional funding for the South Timberline Corridor project (the
“Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds
the appropriated budget requiring either: (1) reduction in scope of the Project; (2) delay final delivery of the
Project; and/or (3) secure additional funds to complete the Project. To reduce the scope of the Project means
delivering a project that fails to meet established City standards for urban design and landscaping. To delay final
delivery until funding becomes available will negatively impact other transportation capital projects currently in
the delivery pipeline. Staff recommends a total supplemental appropriation of $2,332,770 to allow for completion
of the Project as intended when construction commenced. The total includes $2,148,000 in new funding plus
$184,770 in developer contributions committed to the project scope. This request is being made to Council now
to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project, which is identified in the City’s Master Street Plan, will reduce congestion, improve safety, and
enhance bicycle and pedestrian facilities along the corridor between Stetson Creek Road and Zephyr Road. The
Project includes construction of a combination of buffered bike lanes and a raised multi-use path; new sidewalks
(currently there are no sidewalks in this corridor); multimodal intersection improvements at two intersections
(includes improved geometry, green striping for bicycles, and American with Disabilities Act (“ADA”) compliant
ramps and pushbuttons); and the Mail Creek Trail underpass with connections to Timberline Road and the future
Mail Creek Trail (a significant safety improvement for Bacon Elementary and future neighborhood park).
Construction was set for two phases. Phase 1 included the structural road elements and box culverts for the Mail
Creek Ditch and the Mail Creek Trail underpass. Phase 1 work began in December 2021 and is anticipated to
reach final completion in June 2022. Phase 2 work will include all remaining corridor improvements. Phase 2
was funded in part by a Surface Transportation Block Grant administered by the Colorado Department of
Transportation (“CDOT”). The grant requires a formal concurrence from CDOT before the City can advertise the
construction contract, but concurrence was not granted by CDOT until February of 2022.
Beginning in the Summer of 2021, the nation, the State of Colorado, and the northern Colorado region began
experiencing significant inflation in construction costs (Attachments 1, 2, and 3). The two most recent Colorado
ATTACHMENT 1
COPY5.1
Packet Pg. 41 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11750 : SR 075 South Timberline Corridor Appropriation)
Agenda Item 9
Item # 9 Page 2
Department of Transportation Colorado Construction Cost Index reports indicate annual percentage changes of
17.45% (Q4 2021) and 31.79% (Q1 2022). These inflationary pressures impacted the Project as bids were
received in March 2022. Most unit price work items saw significant inflation over the estimated price, which
resulted in the lowest responsible bid exceeding the project budget by approximately $2,148,000.
Staff has identified three options to reach project completion (see Attachment 4 options exhibit):
• Option 1 (see Attachment 4 options exhibit) would be to remove elements from the Project design.
Removal of City-owned landscaping elements would reduce costs by $550,000 (Option 1A). Removal
of new traffic signal improvements at Kechter Road would reduce costs by another $520,000 (Option
1B). While the existing signal at Kechter Road may be utilized, it does not provide the amount of
clearance recommended for the corridor and will need to be replaced at some point in the near future to
improve ADA compliance.
• Option 2 would be to delay final delivery of the Project until additional funding can be secured.
Options 1 and 2 would result in the project not meeting the identified project goals within the promised time
frame, would expose the remaining work to the likelihood of continued inflation of costs, and would impact the
schedule and budget for other transportation capital projects in the design, acquisition, and construction pipeline.
• Option 3: Secure supplemental appropriation to complete the identified scope of work on schedule.
Figure 1 - Project Budget (Option 3)
Development related contributions to the Project totaling $184,770 are included in the proposed supplemental
appropriation. This additional funding request is intended to cover the costs of additional work performed for
adjacent development within the Project corridor. The additional funding request includes contributions for local
frontage along the Timberline corridor.
CITY FINANCIAL IMPACTS
The following is a summary of the current and proposed funding appropriations for the South Timberline Corridor
project.
Prior Appropriated Funds
TCEF Fund $4,701,111
CCIP Bicycle Pedestrian Grade Separated Crossing Fund $700,000
Bridge Program Fund $265,000
CCIP Pedestrian Sidewalk Fund $35,000
Transportation Fund $10,325
Surface Transportation Block Grant (STBG) $2,694,602
Total Prior Appropriation $8,406,038
Prior Transfer to Art in Public Places $23,930
Funds to be Appropriated with this Action
Development Contributions to Construction $184,770
Payment in Lieu (local road frontage) $156,773
Contribution in Aid of Construction (Mail Creek Ditch box culvert) $27,997
Project Funding STBG (Grant)Trans. Fund TCEF Gen. Fund Bridge
Program
CCIP - Art. Int.
Imp.
CCIP -
Ped/Bike Gr.
Sep. Cr.
CCIP - Ped.
Sid.Dev.TOTAL Increase
Existing 2,694,602$ 10,325$ 4,701,111$ -$ 265,000$ -$ 700,000$ 35,000$ 317,190$ 8,723,228$
Proposed -$ 200,000$ 774,000$ 774,000$ -$ 400,000$ -$ -$ -$ 2,148,000$
Total 2,694,602$ 210,325$ 5,475,111$ 774,000$ 265,000$ 400,000$ 700,000$ 35,000$ 317,190$ 10,871,228$
South Timberline
Corridor 25%COPY5.1
Packet Pg. 42 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11750 : SR 075 South Timberline Corridor Appropriation)
Agenda Item 9
Item # 9 Page 3
TCEF Fund Reserves $774,000
General Fund Reserves $774,000
Transportation Fund Reserves $200,000
CCIP Arterial Intersections Fund $400,000
Total Funds to be Appropriated per this Action $2,332,770
Transfer to Art in Public Places per this Action $23,328
Total Current Project Budget $10,738,808
Total Transfer to Art in Public Places $47,258
BOARD / COMMISSION RECOMMENDATION
Staff presented this request for supplemental appropriation for the Project to the Council Finance Committee on
June 2, 2022, receiving a recommendation from the Committee (see Attachment 5). Prior to construction, the
Project was presented to several boards and commissions including City Council, Council Finance Committee,
and Transportation Board. Minutes from previous Board and Commission meetings were attached to earlier City
Council agenda items and updates regarding this Project.
PUBLIC OUTREACH
Prior to and during construction the Project staff met with several property owners individually and at open house
events. Staff continue to contact and meet residents, property owners, and other stakeholders through the
remainder of construction.
ATTACHMENTS
1. Engineering News Record, Construction Cost Index History – As of June 2022 (PDF)
2. Engineering News Record, City Cost Index – Denver – As of May 2022 (PDF)
3. Colorado Construction Cost Index Report (PDF)
4. South Timberline Corridor Options (PDF)
5. Council Finance Committee Minutes (draft) (PDF) COPY5.1
Packet Pg. 43 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11750 : SR 075 South Timberline Corridor Appropriation)
-1-
ORDINANCE NO. 075, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND MAKING SUPPLEMENTAL
APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
SOUTH TIMBERLINE CORRIDOR AND
RELATED ART IN PUBLIC PLACES
WHEREAS, the South Timberline Corridor Project (the “Project”) is part of the City’s
Master Street Plan and was approved by City Council to reduce congestion, improve safety, and
enhance bicycle and pedestrian facilities along the corridor between Stetson Creek Road and
Zephyr Road; and
WHEREAS, the Project includes construction of a combination of buffered bike lanes and
a raised multi-use path, new sidewalks, multimodal intersection improvements at two
intersections, and the Mail Creek Trail underpass with connections to Timberline Road and the
future Mail Creek Trail; and
WHEREAS, construction of this Project was set for two phases; and
WHEREAS, Phase 1, which began in December 2021 and is expected to reach final
conclusion during June 2022, included the construction of structural road elements and box
culverts for the Mail Creek Ditch and the Mail Creek Trail underpass; and
WHEREAS, Phase 2 work includes construction of all remaining corridor improvements;
and
WHEREAS, Phase 2 was funded in part by a Surface Transportation Block Grant from the
North Front Range Metropolitan Planning Organization that is administered by the Colorado
Department of Transportation (“CDOT”); and
WHEREAS, the Grant requires formal concurrence from CDOT before the City can
advertise the construction contract, but said concurrence was not granted until February of 2022;
and
WHEREAS, beginning in the Summer of 2021, the nation, the State of Colorado, and the
northern Colorado region began experiencing significant inflation in construction costs, reflected
in the two most recent Colorado Department of Transportation Colorado Construction Cost Index
reports, indicating annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022); and
WHEREAS, these inflationary pressures impacted the Project as bids were received in
March 2022, increasing costs for most unit price work items and resulting in the lowest responsible
bid exceeding the project budget by approximately $2,148,000; and
WHEREAS, City staff has identified three options to reach project completion; and
5.2
Packet Pg. 44 Attachment: Ordinance No. 075, 2022 (11750 : SR 075 South Timberline Corridor Appropriation)
-2-
WHEREAS, the first option would be to remove elements from the Project design, such as
removal of City-owned landscaping elements (estimated reduction of costs by $550,000) and
removal of new traffic signal improvements at Kechter Road (estimated reduction of costs by
$520,000), although the existing signal at Kechter Road ultimately will need to be replaced in the
future to address shortcomings; and
WHEREAS, the second option would be to delay non-essential scope of work items until
additional funding can be secured; and
WHEREAS, the third option would be to secure supplemental appropriation totaling
$2,148,000 at this time to meet the Project requirements; and
WHEREAS, staff has recommended that Council make a supplemental appropriation at
this time because the first and second options would result in the project not meeting the identified
project goals within the promised time frame, would expose the remaining work to the likelihood
of continued inflation of costs, and would negatively impact the schedule and budgets for other
transportation capital projects in the design, acquisition, and construction pipeline; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; 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
WHEREAS, a portion of the funds appropriated in this Ordinance for the South Timberline
Corridor Project are ineligible for use in the APP Program due to restrictions placed on them by
the Surface Transportation Block Grant administered by the Colorado Department of
Transportation; and
WHEREAS, the total project cost of $10,738,808 includes a prior appropriation of
$8,406,038 completed in the 2019-20 Budget, and the total project cost (excluding an
administrative error of $762,620 and the Surface Transportation Block Grant of $2,694,602) has
been used to calculate the contribution to the APP program; and
WHEREAS, a contribution to the APP program in the amount of $23,930 was included in
the prior appropriation; therefore, the amount to be contributed to the APP Program in this
Ordinance will be $23,328; 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
5.2
Packet Pg. 45 Attachment: Ordinance No. 075, 2022 (11750 : SR 075 South Timberline Corridor Appropriation)
-3-
WHEREAS, the Interim City Manager has recommended the appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the Transportation Capital Expansion Fee Fund, General Fund, Transportation Fund, and the
Community Capital Improvement Program Fund, as applicable, and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund, General Fund, Transportation
Fund, and the Community Capital Improvement Program Fund, as applicable, 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 $23,328 from the
Capital Projects 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, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in 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.
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
Transportation Services Fund the sum of ONE HUNDRED EIGHTY-FOUR THOUSAND
SEVEN HUNDRED SEVENTY DOLLARS ($184,770) to be expended in the Transportation
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
5.2
Packet Pg. 46 Attachment: Ordinance No. 075, 2022 (11750 : SR 075 South Timberline Corridor Appropriation)
-4-
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of SEVEN HUNDRED SEVENTY-FOUR
THOUSAND DOLLARS ($774,000) to be expended in the Transportation Capital Expansion Fee
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
Section 4. That there is hereby appropriated from prior year reserves in the General
Fund the sum of SEVEN HUNDRED SEVENTY-FOUR THOUSAND DOLLARS ($774,000) to
be expended in the General Fund for transfer to the Capital Projects Fund for the Timberline South
Corridor project and appropriated therein.
Section 5. That there is hereby appropriated from prior year reserves in the
Transportation Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the Transportation Fund for transfer to the Capital Projects Fund for the Timberline
South Corridor project and appropriated therein.
Section 6. That there is hereby appropriated from prior year reserves in the Community
Capital Improvement Program Fund the sum of FOUR HUNDRED THOUSAND DOLLARS
($400,000) to be expended in the Community Capital Improvement Program Fund for transfer to
the Capital Projects Fund for the Timberline South Corridor project and appropriated therein.
Section 7. That the unexpended and unencumbered appropriated amount of
EIGHTEEN THOUSAND ONE HUNDRED NINETY-SIX DOLLARS ($18,196) in the Capital
Projects 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 8. That the unexpended and unencumbered appropriated amount of FOUR
THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS ($4,665) in the Capital Projects 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 9. That the unexpended and unencumbered appropriated amount of FOUR
HUNDRED SIXTY-SEVEN DOLLARS ($467) in the Capital Project 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 10. That the appropriation herein for the Timberline South Corridor project 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.
5.2
Packet Pg. 47 Attachment: Ordinance No. 075, 2022 (11750 : SR 075 South Timberline Corridor Appropriation)
-5-
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
5.2
Packet Pg. 48 Attachment: Ordinance No. 075, 2022 (11750 : SR 075 South Timberline Corridor Appropriation)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
Second Reading of Ordinance No. 076, 2022, Appropriating Prior Year Re serves and Authorizing Transfers of
Appropriations for the Vine and Lemay BNSF Intersections Improvement Project and Related Art in Public
Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for
the Vine/Lemay BNSF Intersection Improvements project (the “Project”). The Project is experiencing
inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either:
(1) delay of final delivery of the Project; and/or (2) securing additional funds to complete the Project. To reduce
the scope of the Project means delivering a project that fails to meet established City standards for urban
design and landscaping. To delay final delivery until fund ing becomes available will negatively impact other
transportation capital projects currently in the delivery pipeline. Staff recommends a total supplemental
appropriation of $2,142,260 to allow for completion of the Project as intended when construction co mmenced.
The total supplemental appropriation includes $1,380,000 in new funding plus $762,620 for traffic signals that
has yet to be appropriated. This request is being made to Council now to avoid additional negative cost
impacts due to potentially pausing and restarting an active construction project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 076, 2022 (PDF)
6
Packet Pg. 49
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Dana Hornkohl, Capital Projects Manager
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 076, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Vine and Lemay BNSF Intersections Improvement Project and Related Art in Public
Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate additional funding for the Vine/Lemay BNSF Intersection Improvements
project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now
exceeds the appropriated budget requiring either: (1) delay of final delivery of the Project; and/or (2) securing
additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails
to meet established City standards for urban design and landscaping. To delay final delivery until funding
becomes available will negatively impact other transportation capital projects currently in the delivery pipeline.
Staff recommends a total supplemental appropriation of $2,142,260 to allow for completion of the Project as
intended when construction commenced. The total supplemental appropriation includes $1,380,000 in new
funding plus $762,620 for traffic signals that has yet to be appropriated. This request is being made to Council
now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction
project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project is the City’s top transportation capital improvement project. The work includes construction of a new
road and intersection slightly east of the original Vine Drive and Lemay Avenue intersection and a new bridge
over the BNSF railway and existing Vine Drive. Primary construction began in April of 2021, with an accelerated
schedule. Construction of most infrastructure elements was completed in December 2021, and the roadway
opened several weeks ahead of schedule. Staff provided a memorandum updating Council of the project budget
in November 2021. (Attachment 1) As of January 2022, the primary remaining work for this project included
urban design elements, Art in Public Places, irrigation, landscaping, and work needed to complete the pedestrian
underpass (future northeast trail system) at the north end of the Project.
Beginning in the Summer of 2021, the nation, the State of Colorado, and the northern Colorado region began
experiencing significant inflation in construction costs. (Attachments 2, 3, and 4) The two most recent Colorado
Department of Transportation (CDOT) Colorado Construction Cost Index (CCI) reports indicate annual
percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022). These inflationary pressures impacted the
Project as pricing was being finalized for irrigation and landscape elements during this time. The delivery team
conducted a significant review of the irrigation and landscaping work to lower cost and increase value. Even
after this effort, the estimated cost for this work exceeded the identified budget by $570,000. The underpass
ATTACHMENT 1
COPY6.1
Packet Pg. 50 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11751 : SR 076 Vine/Lemay BNSF Intersection
Agenda Item 10
Item # 10 Page 2
completion also experienced significant cost overruns, due to its late inclusion in the design effort, coupled with
the accelerated schedule. Inflation also affected the underpass cost as the design and pricing were finalized
during the same period. Underpass costs exceeded the budget by roughly $790,000. The total amount needed
to complete the project is approximately $1,380,000, plus $762,620 for traffic signals to correct an administrative
error from an earlier appropriation.
Staff has identified two alternatives to reach project completion:
• Option 1: Delay the landscaping and irrigation scope of work items until additional funding can be secured.
This option would result in the project not meeting the identified project goals within the promised time frame,
would expose the remaining work to the likelihood of continued inflation of costs, and would impact the
schedule and budgets for other transportation capital projects in the design, acquisition, and construction
pipeline.
• Option 2: Secure supplemental appropriation to complete the identified scope of work on schedule.
Costs for three intersection signals for the Project (totaling $995,550) were to be funded by TCEF program
administration funds appropriated for arterial intersections in fiscal year 2021. Due to an administrative error,
$232,930 of this total was charged towards the administrative TCEF fund, leaving $762,620 to be appropriated
as part of fiscal year 2022. The appropriation for these remaining TCEF funds is included in the proposed
supplemental appropriation.
Figure 1 - Project Budget (Option 2)
CITY FINANCIAL IMPACTS
The following is a summary of the current and proposed funding appropriations for the Vine and Lemay BNSF
Intersection Improvements project.
Prior Appropriated Funds
General Fund $1,050,000
TCEF Fund $10,934,819
Transportation Fund $20,020
Special Revenue and Debt Services Funds $12,000,000
Total Prior Appropriation $24,004,839
Prior Transfer to Art in Public Places $240,048
Other Appropriated Funds
TCEF Fund (signals) $232,930
Conservation Trust Fund (underpass) $1,000,000
Keep Fort Collins Great Fund (bridge program) $1,373,240
Utilities (water) $850,000
CCIP Bicycle Pedestrian Grade Separated Crossing Fund $500,000
Total Other Appropriation $3,956,170
Prior Transfer to Art in Public Places $39,562
Project Funding Trans. Fund TCEF Gen. Fund CCIP - Project
Specific
Conserv.
Trust KFCG Utilities
Special
Revenue and
Debt
Services
CCIP -
Ped/Bike Gr.
Sep. Cr.
TOTAL Increase
Existing 20,020$ 10,934,819$ 1,050,000$ -$ -$ -$ -$ 12,000,000$ -$ 24,004,839$
Other -$ 232,930$ -$ -$ 1,000,000$ 1,373,240$ 850,000$ -$ 500,000$ 3,956,170$
Proposed -$ 427,500$ 427,500$ 283,000$ 242,000$ -$ -$ -$ -$ 1,380,000$
Other -$ 762,620$ -$ -$ -$ -$ -$ -$ -$ 762,620$
Total 20,020$ 11,595,249$ 1,477,500$ 283,000$ 1,242,000$ 1,373,240$ 850,000$ 12,000,000$ 500,000$ 30,103,629$
Vine/Lemay/BNSF
Intersection
Improvements
5%COPY6.1
Packet Pg. 51 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11751 : SR 076 Vine/Lemay BNSF Intersection
Agenda Item 10
Item # 10 Page 3
Funds to be Appropriated with this Action
TCEF Fund Reserves $427,500
TCEF Fund Reserves (signals) $762,620
General Fund Reserves $427,500
CCIP Fund Reserves $283,000
Conservation Trust Fund Reserves $242,000
Total Funds to be Appropriated per this Action $2,142,260
Transfer to Art in Public Place per this Action $21,423
Total Current Project Budget $30,103,269
Total Transfer to Art in Public Places $301,033
BOARD / COMMISSION RECOMMENDATION
Staff presented this request for supplemental appropriation for the Project to the Council Finance Committee on
June 2, 2022, receiving a recommendation from the Committee. (Attachment 5) Prior to construction, the
Project was presented to several boards and commissions including Council, Council Finance Committee,
Downtown Development Authority Board, and Transportation Board.
PUBLIC OUTREACH
Prior to and during construction the Project has been presented at numerous public outreach events beginning
in 2016, including open house events held in 2016, 2017, and 2019.
ATTACHMENTS
1. Memorandum to Council, November 3, 2021 (PDF)
2. Engineering News Record, Construction Cost Index History – As of June 2022 (PDF)
3. Engineering News Record, City Cost Index – Denver – As of May 2022 (PDF)
4. Colorado Construction Cost Index Report (PDF)
5. Council Finance Committee Minutes (draft) (PDF) COPY6.1
Packet Pg. 52 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11751 : SR 076 Vine/Lemay BNSF Intersection
-1-
ORDINANCE NO. 076, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE VINE AND LEMAY BNSF INTERSECTIONS
IMPROVEMENT PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the Vine and Lemay BNSF Intersections Improvement Project (the “Project”)
is the City’s top transportation capital improvement project and includes construction of a new
road and intersection slightly east of the original Vine Drive and Lemay Avenue intersection, as
well as a new bridge over the BNSF railway and existing Vine Drive; and
WHEREAS, primary construction of the Project began pursuant to an accelerated schedule
in April of 2021, and most infrastructure elements were completed in December 2021, resulting in
the roadway opening several weeks ahead of schedule; and
WHEREAS, as of January 2022, the primary remaining work for this project included
urban design elements, Art in Public Places, irrigation, landscaping, and work needed to complete
the pedestrian underpass (future northeast trail system) at the north end of the Project; and
WHEREAS, beginning in the Summer of 2021, the nation, the State of Colorado, and the
northern Colorado region began experiencing significant inflation in construction costs, reflected
in the two most recent Colorado Department of Transportation Colorado Construction Cost Index
reports, indicating annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022); and
WHEREAS, these inflationary pressures impacted the Project as pricing was being
finalized for irrigation and landscape elements during this time; and
WHEREAS, despite considerable effort to lower costs and increase value by reviewing
irrigation and landscaping elements of the Project, the estimated cost for this work exceeded the
identified budget by $570,000; and
WHEREAS, construction of the underpass also experienced significant cost overruns due
to its late inclusion in the design effort, coupled with the accelerated schedule; and
WHEREAS, inflation also adversely affected construction costs of the underpass as the
design and pricing were finalized during the same period, resulting in construction costs exceeding
the budget by approximately $790,000; and
WHEREAS, City staff has identified two alternatives to reach Project completion; and
WHEREAS, the first option would be to delay the landscaping and irrigation scope of work
items until additional funding can be secured; and
WHEREAS, the second option would be to secure supplemental appropriation at this time
in the amount of $1,380,000 to meet the Project requirements; and
6.2
Packet Pg. 53 Attachment: Ordinance No. 076, 2022 (11751 : SR 076 Vine/Lemay BNSF Intersection Improvements Appropriation)
-2-
WHEREAS, approving a supplemental appropriation at this time is preferred because the
first option would result in the project not meeting the identified project goals within the promised
time frame, it would expose the remaining work to the likelihood of continued inflation of costs,
and it would negatively impact the schedule and budgets for other transportation capital projects
in the design, acquisition, and construction pipeline; and
WHEREAS, costs for three intersection signals for the Project (totaling $995,550) were to
be funded by Transportation Capital Expansion Fee program administration funds appropriated
for arterial intersections in fiscal year 2021; however, due to an administrative error, $232,930 of
this total was charged towards the administrative TCEF fund, leaving $762,620 to be appropriated
as part of fiscal year 2022, which is also included in the supplemental appropriation in this
Ordinance; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; 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
WHEREAS, the total project cost of $30,103,269 includes a prior appropriation of
$27,961,009 completed in the 2021 Budget, and the total project cost has been used to calculate
the contribution to the APP Program; and
WHEREAS, a contribution to the APP program in the amount of $279,610 was included
in the 2021 Budget; therefore, the amount to be contributed to the APP Program by this Ordinance
will be $21,423; 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 appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the Transportation Capital Expansion Fee Fund, General Fund, Community Capital Improvement
Program Fund, and the Conservation Trust Fund, as applicable, and will not cause the total amount
appropriated in Transportation Capital Expansion Fee Fund, General Fund, Community Capital
Improvement Program Fund, and the Conservation Trust Fund, as applicable, 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
6.2
Packet Pg. 54 Attachment: Ordinance No. 076, 2022 (11751 : SR 076 Vine/Lemay BNSF Intersection Improvements Appropriation)
-3-
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 $21,423 from the
Capital Projects 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE MILLION ONE HUNDRED
NINETY THOUSAND ONE HUNDRED TWENTY DOLLARS ($1,190,120) to be expended in
the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the
Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($427,500) to be expended in the General Fund for transfer to the Capital Projects
Fund for the Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 5. That there is hereby appropriated from prior year reserves in the Community
Capital Improvement Program Fund the sum of TWO HUNDRED EIGHTY-THREE
THOUSAND DOLLARS ($283,000) to be expended in the Community Capital Improvement
Program Fund for transfer to the Capital Projects Fund for the Vine and Lemay BNSF Intersection
Improvements project and appropriated therein.
6.2
Packet Pg. 55 Attachment: Ordinance No. 076, 2022 (11751 : SR 076 Vine/Lemay BNSF Intersection Improvements Appropriation)
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Section 6. That there is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of TWO HUNDRED FORTY-TWO THOUSAND DOLLARS
($242,000) to be expended in the Conservation Trust Fund for transfer to the Capital Projects Fund
for the Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 7. That the unexpended and unencumbered appropriated amount of SIXTEEN
THOUSAND SEVEN HUNDRED TEN DOLLARS ($16,710) in the Capital Projects 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 8. That the unexpended and unencumbered appropriated amount of FOUR
THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS ($4,285) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated
and expended therein for the operation costs of the APP Program.
Section 9. That the unexpended and unencumbered appropriated amount of FOUR
HUNDRED TWENTY-EIGHT DOLLARS ($428) in the Capital Project Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the maintenance costs of the APP Program.
Section 10. That the appropriation herein for the Vine and Lemay BNSF Intersection
Improvements project 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 21st
day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
6.2
Packet Pg. 56 Attachment: Ordinance No. 076, 2022 (11751 : SR 076 Vine/Lemay BNSF Intersection Improvements Appropriation)
-5-
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
6.2
Packet Pg. 57 Attachment: Ordinance No. 076, 2022 (11751 : SR 076 Vine/Lemay BNSF Intersection Improvements Appropriation)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 077, 2022, Amending Article VIII of Chapter 7.5 of the Code of the City of
Fort Collins to Create an Administrative Process for Awarding Fee Credits for Certain Affordable Housing Units
to be Constructed in the City.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 22, 2022, simplifies the way affordable
housing fee credits are provided to developers of qualifying new affordable homes. Through iterative process
improvements, flat amounts for fee credits have been established and codified for new construction and
adaptive reuse creating affordable homes targeting households making no more than 30% area median
income (AMI) - the lowest wage-earners in the City. This Code change would allow staff to administratively
award fee credits up to the amount of funds that are available and t hat have been appropriated for such
purpose. Any requests for more than available funds will still be subject to Council discretion and appropriation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 077, 2022 (PDF)
7
Packet Pg. 58
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 077, 2022, Amending Article VIII of Chapter 7.5 of the Code of the City of Fort
Collins to Create an Administrative Process for Awarding Fee Credits for Certain Affordable Housing Units to
be Constructed in the City.
EXECUTIVE SUMMARY
The purpose of this item is to simplify the way affordable housing fee credits are provided to developers of
qualifying new affordable homes. Through iterative process improvements, flat amounts for fee credits have
been established and codified for new construction and adaptive reuse creating affordable homes targeting
households making no more than 30% area median income (AMI) - the lowest wage-earners in the City. This
Code change would allow staff to administratively award fee credits up to the amount of funds that are available
and that have been appropriated for such purpose. Any requests for more than available funds will still be subject
to Council discretion and appropriation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fee Credit and Fee Waiver History
The City has historically provided fee relief to affordable housing projects. The form of this relief has evolved
over time. Fee credits replaced the City’s prior fee waiver program in 2020 and are currently the City’s only
mechanism to specifically incentivize units serving households that earn 30% or less of AMI. Most mechanisms
to incentivize affordable housing are available for units that serve up to 80% of AMI. Affordable units for
households at or below 30% AMI are the hardest to develop. Rents need to be affordable to these extremely
low-income households and cannot support the cost of development without substantial subsidy. For instance,
a household of two cannot make over $25,800 annually to qualify. The table attached illustrates the 2022 AMI
thresholds for the Fort Collins - Loveland MSA. (Attachment 1)
Fee waivers were previously calculated based on the sum of eligible fees, prorated by the percent of the
development’s total units which are restricted to serve ≤30% AMI. Fees historically considered eligible for
waiver include:
•Development Review Fees
•Building Permit Fee
•Capital Expansion Fees (including those for Fire, Police, Streets, and Parks)
Other fees collected by the City that were not considered eligible for waivers include fees which are collected on
behalf of other agencies (such as Larimer County or Poudre School District) and fees for utilities.
ATTACHMENT 1
COPY7.1
Packet Pg. 59 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11753 : SR 077 Affordable Housing Fee Credits)
Agenda Item 12
Item # 12 Page 2
In 2020, Council changed this subsidy from a waiver to a credit and fixed the amounts of subsidy to $14,000 per
unit for newly constructed units and $5,500 per unit for adaptive reuse units where the project gets the benefit
of prior fees paid on the property. While this greatly simplified the administrative process in determining exact
amounts of subsidy, these requests are still subject to Council discretion based upon a finding that the units
qualify and that granting the request will not jeopardize the financial interests of the City. Once granted by
Council, the credits may be used by the developers for any fees owed the City for that project. This process
allows all City fees to be paid and removes the need to reimburse certain departments which was part of the
administrative burden of the former fee waiver process.
2022 Appropriation: A specific appropriation of $350,000 for Affordable Housing Fee Credits was approved in
the 2022 budget. This amount would cover fee credits for at least 25 homes. That satisfies the requirement that
granting requests up to this level will not jeopardize the financial interests of the City. But under current City
Code, Council would still need to make a finding that the units do qualify for fee credits. This final step in the
process improvement for fee credits is to clarify in the Code that an administrative process can be used to award
affordable housing fee credits for qualifying units up to any appropriated amount for this purpose. Requests for
more than the available funding would still be subject to Council approval in the Council’s discretion.
This streamlined process will save developers time and be more efficient to administer by the City. It allows all
City departments to be paid in full either by the developer or by the credit that has been appropriated. Council
need only be involved for extraordinary requests.
CITY FINANCIAL IMPACTS
Funding for this program has already been appropriated in the amount of $350,000.
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board recommends passage of this Ordinance to allow for an administrative process.
PUBLIC OUTREACH
The Affordable Housing Board May meeting was noticed and open to the public. No additional specific outreach
was conducted on this change.
ATTACHMENTS
1. Income Limits 2022 (PDF)
2. Affordable Housing Board Minutes (draft) (PDF) COPY7.1
Packet Pg. 60 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11753 : SR 077 Affordable Housing Fee Credits)
-1-
ORDINANCE NO. 077, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VIII OF CHAPTER 7.5 THE CODE OF THE CITY OF
FORT COLLINS TO CREATE AN ADMINISTRATIVE PROCESS FOR
AWARDING FEE CREDITS FOR CERTAIN AFFORDABLE HOUSING UNITS
TO BE CONSTRUCTED IN THE CITY
WHEREAS, by adoption of Ordinance No. 065, 1999, the City Council exempted from the
imposition of the City’s capital improvement expansion fees the land development projects of
housing authorities formed pursuant to the provisions of Section 29-4-101, et seq., and specified
various other City fees from which such projects are also to be exempted; and
WHEREAS, on March 19, 2013, the City Council adopted Ordinance No. 037, 2013, which
made amendments to the City Code and Land Use Code limiting the types of projects for which
housing authorities could request fee waivers, and specifying that those waivers are to be granted
at the discretion of City Council upon a determination that proposed waivers will not jeopardize
the financial interests of the City or the timely construction of capital improvements to be funded
by the fees; and
WHEREAS, on November 21, 2017, the City Council adopted Ordinance No. 148, 2017,
to create an incentive for all developers to provide units affordable to those making less than 30%
AMI by amending the City Code and Land Use Code to allow all developers of units targeting that
income bracket, not just the housing authority, to request fee waivers for the affordable portion of
their projects; and
WHEREAS, on November 17, 2020, the City Council adopted Ordinance No. 137, 2020,
eliminating affordable housing fee waivers and instead authorizing a flat, per-unit amount per
qualifying affordable unit (a “Credit”) that the City can fund and deposit in a trust account owned
by the City; and
WHEREAS, a developer awarded a credit can then direct that amount to be spent on fee
balances owed to the City during the development of the project; and
WHEREAS, the City Code as revised in 2020 still requires that the City Council approve
a Credit, by ordinance, only if the City Council determines that: (1) the proposed project is intended
to house homeless or disabled persons, as such terms are defined by the Department of Housing
and Urban Development (HUD), or households with an annual income that does not exceed 30%
of the area median income (AMI) for the applicable household size in the Fort Collins-Loveland
metropolitan statistical area, as published by HUD; and (2) the proposed waiver will not jeopardize
the financial interests of the City; and
WHEREAS, to make the process of issuing a Credit more efficient for developers and City
staff, and in the interests of continuous improvement, City staff is recommending that the City
Council amend the City Code to allow staff to award credits through an administrative process,
rather than requiring City Council approval by ordinance, when the City Council has already
appropriated funds specifically for such Credits; and
7.2
Packet Pg. 61 Attachment: Ordinance No. 077, 2022 (11753 : SR 077 Affordable Housing Fee Credits)
-2-
WHEREAS, a developer would be still be required to request a Credit prior to the City
issuing any certificates of occupancy for a project, and City staff would ensure the project meets
the affordability requirements for receiving a Credit; and
WHEREAS, if the City received a Credit request exceeding the amount of funds already
appropriated and available to fund the request, City staff would bring the request to the City
Council for consideration, findings, and any necessary appropriation, with approval in the City
Council’s discretion; and
WHEREAS, in the course of preparing this Ordinance, it was noted that Article VIII of
Chapter 7.5 also contains a numbering error, which is corrected by the proposed amendments; and
WHEREAS, at its regular meeting on May 5, 2022, the Affordable Housing Board voted
to support the change to the City Code described in this Ordinance; and
WHEREAS, the City Council believes it is in the best interests of the City to amend the
City Code accordingly.
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 outlined in the recitals set forth above.
Section 2. That Section 7.5-101 of the Code of the City of Fort Collins – “Application
for Credit” – is hereby renumbered as Sec. 7.5-102 and amended to read as follows:
Sec. 7.5-102. - Application for credit.
...
(b) If the City Council has already appropriated funds sufficient and intended for the
purpose of providing fee credits for affordable housing under this Article, the City Manager
or their designee may approve a credit upon determining that the affordable housing units
are intended to house homeless or disabled persons, as such terms are defined by the United
States Department of Housing and Urban Development, or households with an annual
income that does not exceed thirty (30) percent of the area median income for the
applicable household size in the Fort Collins-Loveland metropolitan statistical area, as
published by the United States Department of Housing and Urban Development. The City
Manager or their designee shall notify the developer in writing whether the project will
receive a fee credit.
(c) If the City Council has not already appropriated funds sufficient and intended for the
purpose of providing fee credits under this Article, the City Council may, by ordinance,
7.2
Packet Pg. 62 Attachment: Ordinance No. 077, 2022 (11753 : SR 077 Affordable Housing Fee Credits)
-3-
appropriate additional funds as necessary and approve a credit if the City Council, in its
sole discretion, determines that:
(1) the affordable housing units are intended to house homeless or disabled persons,
as such terms are defined by the United States Department of Housing and Urban
Development, or households with an annual income that does not exceed thirty (30)
percent of the area median income for the applicable household size in the Fort
Collins-Loveland metropolitan statistical area, as published by the United States
Department of Housing and Urban Development; and
(2) the proposed credit will not jeopardize the financial interests of the City.
Section 3. That Section 7.5-102 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-103. - Amount of credit and payment process.
...
(b) If the City approves a credit for a project, the City shall deposit a lump sum equal to
the total amount of the credit into a trust account held by the City for the benefit of the
project developer, from which the developer may direct the City to pay balances due to the
City for development review fees and capital expansion fees, except as otherwise expressly
prohibited or provided in this Code or other applicable law.
(c) If any credit remains unused in the trust account one (1) year after the last certificate of
occupancy for the project has been issued, or if construction of the project is not
commenced within three (3) years of the effective date of the notice or ordinance approving
the credit, then the trust account shall terminate and the remaining credit shall be
redeposited in the fund or funds from which the credit was originally paid.
7.2
Packet Pg. 63 Attachment: Ordinance No. 077, 2022 (11753 : SR 077 Affordable Housing Fee Credits)
-4-
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
7.2
Packet Pg. 64 Attachment: Ordinance No. 077, 2022 (11753 : SR 077 Affordable Housing Fee Credits)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Kendra Boot, City Forester
Mike Calhoon, Director of Parks
Ralph Zentz, Asst. City Forester
Seve Ghose, Community Services Director
SUBJECT
Second Reading of Ordinance No. 078, 2022, Amending Chapter 27 of the Code of the City of Fort Collins
Relating to Forestry.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 21, 2022, considers adoption of amendments
and updates to Chapter 27, the forestry-related chapter of City Code. This Ordinance identifies all trees within
the City as important community infrastructure and makes a variety of other amendments to Chapter 27.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on the Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 078, 2022 (PDF)
8
Packet Pg. 65
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Kendra Boot, City Forester
Mike Calhoon, Director of Parks
Ralph Zentz, Asst. City Forester
Seve Ghose, Community Services Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 078, 2022, Amending Chapter 27 of the Code of the City of Fort Collins
Relating to Forestry.
EXECUTIVE SUMMARY
The purpose of this item is to gain Council approval for amendments and updates to Chapter 27, the forestry-
related chapter of City Code. This Ordinance identifies all trees within the City as important community
infrastructure and makes a variety of other amendments to Chapter 27.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on the First Reading.
BACKGROUND / DISCUSSION
As a Council priority, staff have reviewed and addressed updates in Chapter 27, the forestry-related chapter of
City Code. The amendments include:
•Identifying all trees, public and private, as important community infrastructure. As trees are essential
ecological, cultural and socioeconomic resources for the City, its residents and visitors, this provision will
bring awareness to these important assets. The benefits provided by a diversified and abundant community
forest are many and are stated within the Ordinance.
•Providing that no person shall affix any item as a tree attachment to any tree within the public right-of-way
of any street or sidewalk. Exceptions to this prohibition include: City employees or contractors performing
work for the City; authorized use of slacklines or hammocks; and holiday lights from October through
February.
•Requiring any person who engages in the business of felling trees for financial gain to be licensed as an
arborist in accordance with standards of the City Forester.
•Requiring property owners to maintain trees up to the center line of any alley adjacent to their property to
provide for the safe and convenient use of alleys, streets and sidewalks.
•Increasing arborist license fees.
•Authorizing additional flexibility for the terms of repayment when a property owner is to be assessed the
costs of complete tree removal.
•Making technical amendments and other minor Code revisions to improve clarity and connection to other
Code sections.
ATTACHMENT 1
COPY8.1
Packet Pg. 66 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11752 : SR 078 Forestry Code Update)
Agenda Item 11
Item # 11 Page 2
CITY FINANCIAL IMPACTS
The Ordinance increases arborist license fees from $25 per year to $105 per year to reflect costs of administering
the license program. With 51 actively renewing licensees, annual revenues from the fee will total $5355, plus
any fee revenue from new licensees. Beginning in 2023, the fee will be adjusted annually based on inflation and
the annual adjustment will impact revenue based on the percentage adjustment. Additionally, the amendment
to the provisions governing repayment terms when a property owner is to be assessed the costs of complete
tree removal may have an impact to City revenue compared to current law.
BOARD / COMMISSION RECOMMENDATION
Forestry staff attended the Parks and Recreation Board Meeting on March 23, 2022 to gain feedback and support
for dedicating trees as important infrastructure to better protect these assets. Staff asked the board for a motion
to support codifying trees as infrastructure. The motion passed as 5-0. Forestry staff also attended the Downtown
Development Authority Board Meeting on April 14, 2022, to bring awareness to and gain feedback for dedicating
trees as important community infrastructure. The discussion included placing trees at the same, or higher value,
as other City infrastructure and highlighted that trees gain value as they grow. Another point of discussion was
that this Ordinance could help the City recoup the value of trees if they were lost or damaged, including
requesting FEMA funds if a natural disaster were to occur. The discussion was part of the All Ideas: Big and
Small portion of the meeting and there was no motion made for this item directly. However, the group was
supportive of the Ordinance.
ATTACHMENTS
1. Parks and Recreation Board Minutes (PDF)
2. Downtown Development Authority Minutes (PDF) COPY8.1
Packet Pg. 67 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11752 : SR 078 Forestry Code Update)
-1-
ORDINANCE NO. 078, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO FORESTRY
WHEREAS, Chapter 27 of the City Code regulates vegetation within the City, including
the maintenance and removal of trees and licensing requirements for arborists; and
WHEREAS, the City Council seeks to acknowledge the essential ecological, cultural and
socioeconomic value of trees within the City; and
WHEREAS, recognizing trees as important community infrastructure within Chapter 27
of the City Code, including through the recitation of the many benefits of trees, will codify the
City’s commitment to the value of trees in the City; and
WHEREAS, the City staff has observed numerous instances of items being attached to
City-owned trees in City rights-of-way and City staff has proposed changes to City Code set forth
below to regulate attachments affixed to City-owned trees; and
WHEREAS, City staff has proposed changes to City Code set forth below to require those
engaged in the business of felling of trees to be licensed in accordance with standards of the City
Forester; and
WHEREAS, City staff has proposed changes to City Code set forth below to make alley-
adjacent property owners responsible for the maintenance of trees within the adjacent alley up to
the center line of the alley in the same manner in which property owners are responsible for trees
on their property, in order to ensure the safe and convenient use of alleys, streets and sidewalks;
and
WHEREAS, City staff has proposed changes to City Code to increase arborist licensing
fees and to provide greater flexibility to establish repayment terms when a property owner is to be
assessed the costs of complete tree removal; and
WHEREAS, City staff has recommended other assorted amendments to Chapter 27 of the
City Code related to forestry, as set forth in this Ordinance; and
WHEREAS, the City Council hereby finds that amending the City Code as proposed in
this Ordinance is in the best interests of the City and is necessary for the health, safety and welfare
of the community.
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.
8.2
Packet Pg. 68 Attachment: Ordinance No. 078, 2022 (11752 : SR 078 Forestry Code Update)
-2-
Section 2. That Chapter 27 of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE I.
IN GENERAL
27-1. Trees as Community Infrastructure
(a) Trees are essential ecological, cultural and socioeconomic resources for the City, its
residents and visitors. The benefits provided by a diversified and abundant community forest are
many and include:
(1) Releasing oxygen and capturing air pollutants and carbon dioxide;
(2) Maintaining slope stability and preventing erosion;
(3) Filtering stormwater and reducing stormwater runoff;
(4) Reducing energy demand and the urban heat island effect through shading of
buildings and impervious areas;
(5) Providing visual screening and buffering from wind, light, and noise;
(6) Sustaining habitat for birds and other wildlife;
(7) Providing a source of food for wildlife and people;
(8) Maintaining property values; and
(9) Contributing to the community health, appeal, beauty, character, and heritage of the
City.
(b) Given the importance of the benefits provided by trees, the City hereby recognizes public
and private trees, in both development and non-development situations, as important community
infrastructure.
(c) Subsection (b) of this section shall not be interpreted to impact any law or regulation that
authorizes or requires the maintenance or removal of any tree within the City.
Sec. 27-2. Definition.
As used herein, the term Director refers to the Director of Community Services or their designee.
8.2
Packet Pg. 69 Attachment: Ordinance No. 078, 2022 (11752 : SR 078 Forestry Code Update)
-3-
ARTICLE II.
TREES AND SHRUBBERY
Division 1 Generally
Sec. 27-16. Creation of position of City Forester.
The City shall employ or contract for the services of a person to be known as the City Forester. As
used herein, the term City Forester may refer to the City Forester, their designee, or such other
person as the City Manager may designate.
Sec. 27-17. Powers and duties of City Forester.
The City Forester shall have the power to establish and enforce rules, regulations, standards and
specifications concerning the cutting, trimming, spraying, removing, planting, pruning and other
treatment of trees upon the right-of-way of any street, alley, sidewalk or other City-owned property
in the City and concerning the performance of such work on public or private property within the
City by licensees under this Article, in order to protect life and property and to improve the urban
forest for the benefit of the City’s residents. Such rules, regulations, standards and specifications
shall be in writing and shall not be effective until approved by the City Manager and placed on file
in the office of the City Clerk. Copies of such rules, regulations, standards and specifications shall
be available to the public through the office of the City Forester.
Sec. 27-18. Certain species of trees prohibited.
(a) It is unlawful to sell or import into the City or to plant or cause to be planted within the
City any of the following trees or shrubs:
(1) Any cotton-bearing tree of the genus Populus, excluding aspen.
(2) Any seed-bearing (female) box elder tree (Acer negundo).
(3) Any Siberian elm (Ulmus pumila).
(4) Any Russian olive tree (Eleagnus angustifolia).
(5) Any salt cedar shrub (Tamarisk species).
(6) Any ash species (Fraxinus species).
(b) The City Forester may authorize the planting on City property of any cotton-bearing tree
of the genus Populus or any seed-bearing box elder tree, provided that the City Forester first
determines that the area where such planting shall occur is a natural area appropriate for the
planting of such trees.
(c) It is unlawful to plant or cause to be planted on the right-of-way of any street, alley,
sidewalk or other public place within the City any species of tree or shrub which by its habit or
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growth would obstruct, restrict or conflict with the necessary and safe use of the public rights-of-
way.
27-19. Attachment to Trees.
(a) No person shall affix any tree attachment to any tree within the public right-of-way of
any street or sidewalk, unless done so by a City employee acting within the scope of their
employment or City contractor working within the scope of the contract for the City.
(b) This Section shall not affect:
(1) The City Forester’s rules on the use of slacklines or hammocks for locations
where slacklines or hammocks are allowed by those rules; or
(2) The prohibition on securing a portable sign to a tree, as provided in § 24-154(c)
of this code.
(3) The City Forester’s rules on the use of string lights during the dormant months of
October through February, including installation and removal of string lights, so as to
protect trees during the growing season.
(c) For purposes of this Section:
(1) Affix shall mean to place on, hang on, tie to, fasten, stick, wrap, bolt, nail, screw
on or any other manner of maintaining connection between two objects; and
(2) Tree attachment shall mean any object affixed to a tree, including any chain,
decorative display, light, line, lock, play structure, rope, sign, or swing.
Division 2
Permit and Licenses
Sec. 27-31. Permit required for planting, pruning or removal of trees in public places.
It shall be unlawful for any person to plant, treat, cut, trim, prune, remove or cause to be planted,
treated, cut, trimmed, pruned, or removed any tree within the public right-of-way of any street or
sidewalk, or upon other City-owned property within the City without having first obtained a
written permit therefor. For purposes of this Section and § 27-32, "within the public right-of-way
of any street or sidewalk, or upon other City-owned property" shall not include trees located on
private property that encroach upon or overhang public property, as described in § 27-57. Owners
of properties adjoining alley rights-of-way may cut, treat, trim, prune or remove trees located
within such rights-of-way without a permit and shall be responsible for keeping the alley rights-
of-way unobstructed per § 27-57.
Sec. 27-32. Request for permit; contents and conditions.
(a) Any person desiring to plant, treat, cut, trim, prune, or remove any tree within the public right-
of-way of any street or sidewalk, or upon other City-owned property within the City, must
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first request a free permit from the office of the City Forester, if a permit is required under §
27-31. The request for a permit must set forth the name and address of the applicant, the name
and address of the company or person doing the work, the desired kind or species of tree to
be planted, treated, cut, trimmed, pruned, or removed, and the location of the same, together
with such other related information as the City Forester shall require.
(b) The applicant must, at the time of making the request for a permit, agree in writing, in all
respects, to hold the City harmless and protect the City and the public at all times in
connection with the planting, treating, cutting, trimming, pruning, or removal of any tree to
be planted, treated, cut, trimmed, pruned, or removed under such permit.
Sec. 27-33. Inspection of location by City Forester; issuance of permit.
For each request for a permit made under § 27-32, the City Forester shall inspect the location of
the tree to be planted, treated, cut, trimmed, pruned, or removed. If in the City Forester’s opinion,
the planting, treatment, cutting, trimming, pruning, or removal, as the case may be, would protect
life or property or improve the urban forest for the benefit of the City’s residents, the City Forester
shall issue a permit. Such permit shall set forth the name of the person who shall perform the work,
the location at which the tree is or shall be located and any conditions or requirements made by
the City Forester in connection therewith. Failure to comply with the requirements of any such
permit, or with any rules, regulations, standards and specifications established pursuant to § 27-
17, shall constitute a violation of this Article.
Sec. 27-34. Arborist license required for tree services.
(a) It shall be unlawful for any business to engage in the following activities within the City
for commercial gain or profit without first procuring an arborist license from the City Forester in
accordance with the provisions of this Division: cutting, trimming, pruning or removing of trees
when the cuts necessary for such cutting, trimming, pruning or removal are made at a height of ten
(10) feet or greater above the ground.
(b) It shall be unlawful for any business to engage in the activity of felling trees within the
City for commercial gain or profit without first procuring an arborist license from the City Forester
in accordance with the provisions of this Division and appropriate rules established by the City
Forester pursuant to § 27-17.
(c) Any licensee under this Article must perform all cutting, trimming, pruning, removing or
other treatment of trees on public or private property within the City in accordance with the rules,
regulations, standards, and specifications established by the City Forester and approved by the City
Manager, as provided for in § 27-17 of this Article. Any licensee not complying with this
requirement may have its license suspended or revoked pursuant to the provisions of this Article.
When pesticide treatments are permitted, all applicable rules and laws of the State and chemical
labels must be strictly adhered to. The City Forester or their designee will file a complaint with the
Colorado Department of Agriculture in the event such rules or laws are not complied with.
(d) The provisions of this Section shall not apply to the production and maintenance of trees
in a nursery setting.
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Sec. 27-35. License application procedure.
Any business desiring an arborist license pursuant to this Division shall make application at the
office of the City Forester on forms to be provided by the City. The City Forester shall examine
the owner or a designated employee of the applicant business, by one (1) or more of the following:
an interview, a written examination and a field test, as the City Forester shall deem advisable in
order to determine the applicant's qualifications and competency to engage in the types of tree
services applied for. No license shall be issued or renewed without the approval of the City
Forester.
Sec. 27-36. Form of license; identification of vehicles.
Every arborist license issued hereunder shall show on its face the types, classifications or kinds of
tree services for which the licensee is licensed and is authorized to perform. All motor vehicles
and other major equipment used by any licensee hereunder in conducting the licensed tree services
must be clearly identified with the licensee's business name and telephone number.
Sec. 27-37. Insurance coverage required; minimum amounts.
(a) No arborist license shall be issued or renewed until the applicant has presented to the City
Forester a certificate of insurance satisfactory to the City showing that the applicant has
acquired a commercial general liability insurance policy covering all of the applicant's
proposed tree service operations in the City, with a minimum limit of one million dollars
($1,000,000.) per occurrence. The City of Fort Collins must be named as an additional insured
on such policy.
(b) Such insurance policy must require at least thirty (30) days' advance notice to the City before
cancellation. In the event of the cancellation or termination of any such required insurance
policy during the licensed term, the license shall be terminated, and the holder shall surrender
it to the City Forester unless the licensee presents to the City Forester a substitute insurance
policy meeting the requirements of this Section.
Sec. 27-38. License fees; expiration; renewal.
No license shall be issued until the applicant has paid a license fee of one hundred five dollars
($105.), which amount shall, beginning in January 2023, be adjusted annually according to the
Denver-Aurora-Lakewood Consumer Price Index for All Urban Consumers, as published by the
Bureau of Labor Statistics. The amount of the adjusted fee shall be posted on the City’s website.
Every license issued hereunder shall expire on January 31 of the following year. Renewal
applications must be submitted to the office of the City Forester.
Sec. 27-39. Suspension or revocation of license; hearing.
Any person alleging that a person licensed under this Article has violated any provision of the
rules, regulations, standards or specifications established by the City Forester pursuant to § 27-17
may file a written, verified complaint with the City Forester stating the date, time and place of the
alleged violation. Upon receipt of the complaint, the City Forester shall determine whether
reasonable grounds exist to believe that a violation has occurred and, if so, whether such violation
may warrant the suspension or revocation of any licenses issued pursuant to this Article. If the City
Forester determines that such reasonable grounds exist and that suspension or revocation of the
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licensee's license may be an appropriate remedy for such violation, the City Forester shall first
mail, by certified mail, a copy of the complaint to the licensee and give notice to the licensee and
the complainant of a date, not less than five (5) days after the date of mailing of such notice, on
which the City Forester will hold a hearing to determine whether a violation of this Article has
occurred and, if the City Forester determines that a violation has occurred, whether or not such
license should be suspended or revoked. The complainant may, but need not, be present at such
hearing.
Sec. 27-40. Appeals and hearings.
In the event of any suspension or revocation of a license by the City Forester, the licensee shall
have the right to appeal such suspension or revocation to the Director. Any such appeal must be
submitted in writing to the Director within ten (10) days after the date of suspension or revocation
of the license. The Director shall have the power to overrule or otherwise modify any order of the
City Forester suspending or revoking any license. In hearing an appeal from any action of the City
Forester suspending or revoking any license, the Director may, or shall if so requested by the
licensee, select one (1) or more of the following to be present at the hearing: an International
Society of Arboriculture (ISA) certified arborist, or a recognized expert in the field of
arboriculture, who are not City employees, who may advise the Director at the hearing. The hearing
shall be held within fifteen (15) business days from the date the appeal is filed with the Director.
Division 3
Care and Protection
Sec. 27-56. Right of entry.
(a) In order to accomplish the purposes of this Division, the City Forester, any officer as
defined in § 19-63 or any contractor hired by the City Forester is hereby authorized to go upon any
public or unoccupied private property within the City for the purpose of inspecting trees or shrubs.
For occupied private property, the City Forster, any officer as defined in § 19-63, or any contractor
hired by the City Forester, after presenting credentials, may request entry to the private property
and if entry is refused, the City Forester, officer, or contractor shall have recourse to every remedy
provided by law to secure entry.
(b) Subject to the notice and hearing requirements of this Division, the City Forester or a
contractor hired by the City Forester is also authorized to go upon any public or private property
in the City for the purpose of cutting, trimming, pruning and/or removing trees or shrubs that the
City Forester has determined present a danger to persons using, or property located upon, the
public rights-of-way or other City-owned property within the City, or in order to treat or eliminate
a destructive or serious communicable disease or insect infestation.
Sec. 27-57. Duty of property owner to prune or remove trees, shrubs, or other woody
vegetation.
(a) It shall be the duty of the owner of any property within the City to cut, trim, prune or
remove as necessary any trees, shrubs, or other woody vegetation located upon the property of
such owner and up to the center line of any alley adjacent to the property in order to provide for
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the safe and convenient use of streets, sidewalks, alleys or other City-owned property in
accordance with the following requirements:
(1) Vegetation growth must not encroach upon the plane of a public sidewalk, street or
alley.
(2) Tree branch growth must be maintained at a height no lower than eight (8) feet over
a public sidewalk and not less than fourteen (14) feet over the travel lanes of a street or
alley.
(3) To ensure the safety of motorists on adjacent streets, sight distance triangles must
be maintained to protect visual clearances as required by the Traffic Engineer.
(4) Branches, trees, shrubs and other woody vegetation must not block or otherwise
obscure official traffic control devices or street name signs.
(5) Branches or trees that are broken, hanging, decayed or otherwise defective in any
way that threatens public property or the safe use thereof must be removed.
(b) Should a property owner fail to maintain trees, shrubs or other vegetation in the manner
required by Subsection (a) of this Section, the City Forester may require that such work be done
by notice served upon the owner of such property in accordance with § 27-59. Such work must be
performed within the time period specified in such notice. The City Forester may allow reasonable
time extensions for good cause shown.
(c) If the Traffic Engineer reasonably determines a branch, tree, shrub or other vegetation, or
any other object on private property obscures an official traffic control device or traffic or
directional sign or view of traffic within a sight distance triangle, or otherwise constitutes a hazard
to drivers or pedestrians, the Traffic Engineer may, in their reasonable discretion and at the City's
expense, work with the City Forester to immediately remove such obstruction within the public
right-of-way without notice to the property owner.
Sec. 27-58. Control of tree diseases or insect infestations on private property.
The owner of any property upon which a tree is afflicted with any destructive or communicable
insect or disease pest shall, upon notification by the City Forester in accordance with § 27-59, be
responsible for the control of the insect or disease pest within the time frame specified by the City
Forester in the notice. The notice shall specify whether the owner shall either eradicate the pest if
possible or remove the infected/infested tree. A notice will be given only in cases where the
removal or eradication of the tree or pest will slow or stop the spread of any destructive or
communicable disease or insect infestation which endangers the growth, health, life or well-being
of trees in the City, or which is capable of causing an epidemic spread of communicable disease,
such as Dutch elm disease or Spruce Ips beetle insect infestation. The City Forester through a
thorough understanding of the best management practices of the time shall determine which tree
diseases or insect infestations shall be targeted for pest eradication or removal.
Sec. 27-59. Notice of violation; removal authority and procedure; lien on property.
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(a) The City Forester is authorized and directed to give notice to any owner who is in violation
of any provision of this Article. In addition, officers as defined in § 19-63 are authorized and
directed to give notice to any owner or occupant who is in violation of §§ 27-18, 27-19(a), 27-
57(a)(1-5) or 27-58. Such notice shall be personally served upon such person or, if not personally
served, conspicuously posted upon the property and also deposited in the United States mail,
addressed to the owner of record at the address on the assessment roll of the County Assessor or
at such other, more recent address as may be available to the City. With respect to occupants,
notice may be mailed to the address of the property so occupied.
(1) The notice shall state that if the offending tree attachment is not removed or
offending trees, parts of trees or shrubs are not pruned, trimmed, treated, removed or
otherwise controlled as required within the time period as specified by the City Forester, a
civil citation may issue and the work may be done by the City and any costs, including the
cost of inspection and other incidental costs in connection therewith and the costs for
carrying charges and costs of administration, will be charged against the property, in
addition to any other penalty and costs or orders that may be imposed.
(b) If the trees or shrubs have not been brought into compliance with this Article or tree
attachments have not been removed within the time period as specified by the City Forester, from
the date of the notice, the work may be done by the City, either by City personnel or by private
contractors, as the City Forester shall determine, and a civil infraction citation may be issued. In
the event of abatement by the City, the cost, including inspection, other incidental costs in
connection therewith and an amount for carrying charges and administration, may be assessed
against the property owner, in addition to any fines, penalties, costs and fees imposed.
(c) Any cost assessment shall be a lien in the several amounts assessed against each property
from the date the assessment became due until paid and shall have priority over all other liens,
except general taxes and prior special assessment liens. Any such assessment shall be billed by the
Director of Community Development and Neighborhood Services, or the City Forester, or their
designees, to the owner by deposit in the United States mail addressed to the owner of record at
the address as shown on the tax rolls or such other, more recent address as may be available to the
City, and to any agents, representatives or occupants as may be known. If any such assessment is
not paid within thirty (30) days after it has been billed, the Financial Officer, or their designee, is
hereby authorized to thereafter certify to the County Treasurer the list of delinquent assessments
so billed, giving the name of the owner as it appears of record, the number of the lot and block and
the amount of the assessment plus a ten-percent penalty. The certification shall be the same in
substance and form as required for the certification of other taxes. The County Treasurer, upon
receipt of such certified list, is hereby authorized to place it upon the tax list for the current year
and to collect the assessment in the same manner as general property taxes are collected together
with any charges as may by law be made by the County Treasurer, and all laws of the State for the
assessment and collection of general taxes, including the laws for the sale of property for unpaid
taxes and the redemption thereof, shall apply to and have full force and effect for the collection of
all such assessments. Notwithstanding the foregoing, if the offending property is not subject to
taxation, the City may elect alternative means to collect the amounts due pursuant to this Article,
including the commencement of an action at law or in equity and, after judgment, pursue such
remedies as are provided by law.
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Sec. 27-60. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to § 27-18, 27-19, 27-57 or 27-58, the
property owner shall have the right to contest the order of the City Forester to the Referee by filing
with the Referee a petition for review at the office of Community Development and Neighborhood
Services. A written request for a hearing before the Referee must be submitted within five (5) days
from the date of service of the order. Pending a final determination by the Municipal Court Referee,
the property owner need not complete the work required to be done by the City Forester, unless
such work involves a violation of Paragraph 27-57(a)(5). If the Referee sustains all or any part of
the order of the City Forester, the Referee shall set the time within which the required work shall
be completed, and the property owner must complete the required work within such time.
Sec. 27-61. Noncompliance with notice; liability of property owners.
(a) If a property owner fails to accomplish any work required under § 27-18, 27-19, 27-57 or 27-
58 within the time specified on a notice given by the City Forester, and the property owner
has not contested the notice to the Referee as provided in § 27-60, the City Forester shall
cause the work to be done pursuant to Subsection 27-59(b), and the property owner must
reimburse the City all costs pursuant to Subsection 27-59(c).
(b) If the City Forester has caused a property owner to be assessed the costs of complete tree
removal, and such property owner is unable to pay the cost of such work within thirty (30)
days, the property owner and City Forester may enter into an agreement for the payment of
the same in monthly, semi-annual, or annual installments over a period not to exceed five (5)
years. Any unpaid balance due under such agreement shall bear a reasonable interest rate not
to exceed six (6) percent per annum.
Sec. 27-62. Violations and penalties.
Any person who violates § 27-18, 27-19(a), Paragraphs 27-57(a)(1-5) or § 27-58 commits a civil
infraction and is subject to the penalty provisions of Subsection 1-15(f).
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Tawnya Ernst, Sr. Real Estate Specialist
Jason Graham, Director of Water Utilities
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 083, 2022, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Property Rights Necessary for Phase 2 (Construction) and Phase 3 (Operations and Maintenance) of
the Halligan Water Supply Project.
EXECUTIVE SUMMARY
The purpose of this item is to seek authorization from Council to use eminent domain to acquire property rights
for construction (Phase 2) and long-term maintenance and operations access (Phase 3) of the Halligan Water
Supply Project (Halligan Project) across private property that provides the primary access point to Halligan
Reservoir. This property is jointly owned by Geo A. Henderson Co., Inc. and Chris Vandemoer (collectively,
Vandemoer), and is encumbered by two conservation easements held by The Nature Conservancy (TNC). The
parties are currently in eminent domain litigation for Phase 1 of the Project and have had productive
conversations regarding a global settlement for all three phases of the Halligan Project. The acquisition will
include:
• a temporary access easement for construction
• a permanent access easement for ongoing maintenance and operations
• a permanent easement for flood/high water events
• fee title to approximately 5.48 acres of land for inundation
To meet near-term project timelines, prompt acquisition of the property rights is necessary. Staff fully
intends to continue negotiating in good faith with the affected property owners and is requesting
authorization to, in consultation with the City Attorney’s Office, use eminent domain as necessary to
acquire the needed property rights. To effectuate a possible global settlement in the City’s eminent
domain litigation with Vandmoer, the City needs Council’s authorization of eminent domain to include
Phase II and Phase III, so that all property rights needed from Vandemoer for the entire project can be
acquired at one time.
This action would ensure the City can secure all access rights required to complete the final two phases of the
Halligan Project over the primary access route to the Halligan Dam and Reservoir:
• Phase 1 - permitting and design (site visits and data collection related to permitting processes and
preliminary design work for the reservoir enlargement and for the diversion structure replacement)
• Phase 2 - construction (construction work related to replacement of dam and diversion structure)
• Phase 3 - long-term maintenance and operations of the dam and reservoir (including permanent
maintenance of measuring devices on the reservoir and diversion structure and environmental
monitoring requirements under governmental permits)
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Agenda Item 9
Item # 9 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In the Halligan Project, the City seeks to enlarge the Halligan Reservoir to meet treated water demands of
future Utilities customers and provide added reliability for all Utilities customers, in case of prolonged drought
and uncertainties such as wildfires or infrastructure failures. Halligan Reservoir is located on the North Fork of
the Cache la Poudre River, about 25 miles northwest of Fort Collins. To enlarge the Reservoir, the dam will be
reconstructed.
The City does not currently own all property rights necessary to complete the design, construction, and
operations and maintenance of the Halligan Project. The primary property rights the City needs to acquire for
the life of the project are access rights and inundation rights. However, this authorization request is specific to
Phases 2 and 3 and includes temporary and permanent access easements across a property that
encompasses the primary access route to the dam and reservoir. Council has already authorized eminent
domain for access rights needed from Vandemoer to ensure Phase 1 activities, including data collection and
surveying, can be conducted in a timely manner. The access sought for Phases 2 and 3 would allow for
construction and operations and maintenance.
Staff from Real Estate Services and Utilities, with support from the City Attorney’s Office, has been working
with the landowners in varying capacities during the past six years. The City c urrently has an executed
possession and use agreement for access during design and permitting (Phase 1) over this property. Staff, the
City Attorney’s Office, and outside legal counsel are currently negotiating a settlement with Vandemoer to
resolve and finalize not only Phase 1 access , but also property rights needed for Phases 2 and 3 as well. If a
settlement is not reached, this authorization would allow the City to pursue eminent domain on the property for
Phases 2 and 3.
Recommendation
Staff recommends that City Council authorize the use of eminent domain to provide a process that will allow
the City to meet project deadlines while ensuring fair and equitable treatment of the landowners. The eminent
domain process provides a tool for staff to meet pro ject deadlines while ensuring all property owners are fairly
compensated for the property rights acquired by the City. Condemnation will only be used if necessary and if
the City is unable to reach an agreement with the landowners in a timely manner that would avoid the need for
eminent domain.
In summary, obtaining eminent domain authority for Phase 2 and Phase 3 activities on the primary access route
to the dam/reservoir will:
• Allow staff to develop the schedule for design activities with more certainty.
• Ensure adherence to the planned property acquisition schedule, reducing the risk and cost of
possible future delays related to access.
• Ensure consistent treatment to affected property owners.
• Meet procedural requirements to address a conservation easement over the land for all phases of the
project.
• Allow staff to pursue a global settlement for property rights from Vandemoer for all three phases of the
project.
CITY FINANCIAL IMPACTS
Both staff and the landowners have invested a considerable amo unt of time discussing access needs and
compensation for the Halligan Project. Real estate acquisition costs are anticipated to comprise less than one
percent of the total cost of the Halligan Water Supply Project, which was estimated at a probable cost of
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Agenda Item 9
Item # 9 Page 3
$120M. This cost is being updated to a 30% design estimate and will be available early Q1 2023. This Council
action will not authorize any new funding for the Halligan Project.
The use of eminent domain provides a process for staff to control real estate acquisition costs and minimize
risks to the project associated with access needs.
PUBLIC OUTREACH
Staff has been actively engaged with the landowners since 2016.
ATTACHMENTS
1. Halligan Area Landownership Map (PDF)
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%/0&3:&683ULYDWH/DQGRZQHU&LW\3ULYDWH/DQGRZQHU3ULYDWH/DQGRZQHU3ULYDWH/DQGRZQHU3ULYDWH/DQGRZQHU3ULYDWH/DQGRZQHU3ULYDWH/DQGRZQHU6WDWH/DQG%RDUG71&3ULYDWH/DQGRZQHU9DULRXV3ULYDWH/DQGRZQHUV1RUWK)RUNRIWKH&DFKHOD3RXGUH5LYHU13,&ATTACHMENT 19.1Packet Pg. 82Attachment: Halligan Area Landownership Map (11740 : Halligan Eminent Domain)
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ORDINANCE NO. 083, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN PROPERTY RIGHTS NECESSARY FOR PHASE 2 (CONSTRUCTION) AND
PHASE 3 (OPERATIONS AND MAINTENANCE) OF THE HALLIGAN WATER SUPPLY
PROJECT
WHEREAS, by the adoption of Resolution 2003-121, City Council authorized the City
Manager to proceed with investigation, planning, regulatory review processes, site acquisition,
design, and construction of the Halligan Reservoir Enlargement Project, now referred to as the
Halligan Water Supply Project (the “Project”); and
WHEREAS, the City is proceeding with Phase 1 of three phases of the Project, which
will include site visits and data collection related to the permitting and design work for the
reservoir enlargement and replacement or modification of the dam and diversion structures; and
WHEREAS, to accomplish the work of Phase 1, the City needs access to Halligan
Reservoir; and
WHEREAS, City Council authorized the use of eminent domain for property rights
associated with Phase 1 of the Project by adopting Ordinance No. 013, 2020, on January 21,
2020; and
WHEREAS, the City has negotiated with the property owners in good faith for the
acquisition of the property rights addressed by Ordinance No. 013, 2020; and
WHEREAS, the negotiations with particular property owners have led to the possible
settlement of access across certain property for all three phases of the Project; and
WHEREAS, to effectuate that settlement in the pending court case with those property
owners, it is necessary that the City Council’s previous eminent domain authorization be
expanded to include Phase 2 and Phase 3 of the Project, so that all property rights needed from
these owners for the entire Project can be addressed at one time; and
WHEREAS, the additional property rights needed for Phases 2 and 3 are described on
Exhibits “A” through “D”, attached hereto and incorporated herein by this reference (the
“Property Rights”); and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Property Rights from the owners thereof; and
WHEREAS, the acquisition of these additional Property Rights is desirable and necessary
for the construction, long-term maintenance and operation of the Project, is in the City’s best
interest, and enhances public health, safety, and welfare because it is in furtherance of the
Project, which will meet the demands of future Fort Collins Utilities customers and provide
added reliability for all Utilities customers; and
Packet Pg. 83
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WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determination and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that it is necessary in
the public interest to acquire the Property Rights described herein for the purpose of the
permitting and design, construction, and operations and maintenance of the Project.
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 4. That the City Council hereby authorizes the Interim City Manager, in
consultation with the City Attorney, to provide terms and conditions of any conveyance as she
may determine to be appropriate; and to hereafter amend, adjust, or clarify the Property Rights
and the extent or nature of the interests to be acquired so that the City may acquire all property
interests necessary for the Project; and to delay or forego pursuing eminent domain based upon
the status of negotiations and any litigation.
Section 5. That the City Council further finds that, in the event acquisition by
eminent domain of the Property Rights or any of them is commenced, immediate possession is
necessary for the public health, safety, and welfare.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2022, and to be presented for final passage on the 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading this 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 85
EXHIBIT A A
Packet Pg. 86 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 87 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 88 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 89 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 90 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 91 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 92 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 93 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 94 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 95 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT A A
Packet Pg. 96 Attachment: Exhibit A (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 97 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 98 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 99 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 100 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 101 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 102 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 103 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 104 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 105 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 106 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT B B
Packet Pg. 107 Attachment: Exhibit B (11746 : Halligan Eminent Domain ORD)
EXHIBIT C C
Packet Pg. 108 Attachment: Exhibit C (11746 : Halligan Eminent Domain ORD)
EXHIBIT C C
Packet Pg. 109 Attachment: Exhibit C (11746 : Halligan Eminent Domain ORD)
EXHIBIT D D
Packet Pg. 110 Attachment: Exhibit D (11746 : Halligan Eminent Domain ORD)
EXHIBIT D D
Packet Pg. 111 Attachment: Exhibit D (11746 : Halligan Eminent Domain ORD)
EXHIBIT D D
Packet Pg. 112 Attachment: Exhibit D (11746 : Halligan Eminent Domain ORD)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Ingrid Decker, Legal
SUBJECT
Resolution 2022-067 Authorizing the Assignment of the City's 2022 Private Activity Bond Allocation to Housing
Catalyst to Finance New Construction and Rehabilitation of Affordable Homes.
EXECUTIVE SUMMARY
The purpose of this item is to support the new construction and rehabilitation of affordable housing at one
specific location and one or more other planned projects developed by Housing Catalyst in the City by
assigning the City’s 2022 Allocation of Private Activity Bond (PAB) capacity to Housing Catalyst (HC). PAB
capacity is required for development projects using federal 4% Low-Income Housing Tax Credit financing.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The State of Colorado Private Activity Bond (PAB) allocation program is established by the Colorado Private
Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32-1707, et seq., (the Allocation
Act). PABs are tax-exempt bonds that can be issued by eligible authorities. The proceeds of the sale of the
bonds must be used for specific purposes as determined by the In ternal Revenue Service. Permitted purposes
include, but are not limited to, affordable housing development and rehabilitation. Historically, PAB financing
has also been used by the City for economic and industrial development purposes.
In 2022, the total amount available statewide is $ $639,327,590. Fifty percent of the state ceiling is allocated
directly to statewide authorities and the other half is allocated directly to local governments based on
population size. The City has been notified that, pursuan t to Section 24-32-1706 of the Allocation Act, its
allocation from the state for 2022 is $9,395,372. (Attachment 1) PAB capacity is merely the authority to take
on tax exempt debt and is not an allocation of funding. The City will not incur debt by assign ing this allocation
and this will not affect the City's credit rating. If a local government does not issue bonds or assign the bond
cap to an eligible entity for a local project or projects by September 15 annually, the City allocation
automatically reverts to the state’s pool of available bond capacity.
The Colorado Housing and Finance Authority (CHFA) offers a 4% Low Income Tax Credit Program which is a
financing mechanism for the development and rehabilitation of affordable housing. CHFA requires these types
of financing deals to include private activity bonds. Historically, Fort Collins had assigned its annual allocation
on a first come, first served basis. From 2009 through 2012, the Fort Collins allocation was not used locally
and therefore reverted to the state’s pool of available bond capacity. In 2013, 2014, 2015 and 2017 the City
assigned its full allocation to the Fort Collins Housing Authority, now Housing Catalyst (HC), for the
rehabilitation of affordable rental housing units. In 2016, the PAB was assigned to CHFA for the benefit of two
local affordable housing projects.
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Agenda Item 10
Item # 10 Page 2
As of 2018, the City implemented an application process for requesting the City’s annual allocation of PAB.
The guidelines are set forth in the City’s General Financial Polici es. Applications are due annually by March 15
and are reviewed by the City PAB committee. Finance policy states that the following factors be considered
when making a recommendation for allocation of PAB capacity:
• How well the project meets the land use, economic development and/or affordable housing goals of the
City;
• Project feasibility and timing;
• Leverage of other investment into the project;
• Maintenance of or increase in local tax base;
• Competing uses for the City’s allocation;
• Whether the City’s allocation should be used in multiple projects ; and
• Whether the application should be considered by any City board or commission.
This year the City has received one request for PAB capacity . (Attachment 2) It is from HC for the Village on
Impala Redevelopment and Renovations project and for one or more of HC’s other planned projects,
depending on the timing of and order in which those projects develop :
1. The Village on Impala Redevelopment and Renovation project will provide 86 affordable rental homes for
individuals and families with incomes ranging from 30-80% area median income (AMI). The location is just
south of Poudre High School on South Impala Drive and Impala Circle. (Attachment 3) HC will
substantially renovate 12 existing duplexes, totaling 24 affordable rental homes. Additionally, HC is
replacing 11 aging and inefficient single family public housing rental homes and one duplex with 60 newly
constructed energy efficient affordable apartment rental homes. Upon completion, there wi ll be a net
increase of 49 new affordable homes to the City’s inventory of affordable housing. The project will utilize
low income-housing tax credit financing and will require approximately $16 million in PAB capacity. The
City’s 2021 PAB allocation ($9.3M capacity) has been assigned to HC for this project.
2. HC has several planned projects that they will develop themselves or through partnerships that will use 4%
Low Income Housing Tax Credit financing to construct or rehabilitate rental homes in the C ity. All HC
projects align with the objectives outlined in the City’s Housing Strategic Plan. HC has the authority to
issue bonds and has experience in utilizing PAB capacity.
In addition to the City’s 2022 PAB capacity, HC has acquired 2022 PAB capacity from Larimer County. Both
allocations are necessary for current and future HC projects.
The City’s PAB committee made up of staff representatives from the Social Sustainability, Economic Health
and Finance departments considered the application and reco mmend assigning the entire 2022 PAB allocation
to HC for the purpose of renovating and constructing affordable apartment homes. For HC to use the City’s
allocation of PAB capacity, Council must adopt a resolution assigning the 2022 PAB allocation to HC who will
issue the bonds for the qualifying projects. HC may carry forward PAB capacity for three years to assemble the
entire required amount for these projects.
CITY FINANCIAL IMPACTS
The City will not issue the Private Activity Bonds and the bonds will n ot be obligations of the City. The debt
service on the bonds will be repaid from revenue generated by the housing developments and does not
constitute a debt of the City. This action will not affect the City's credit rating. The construction of more than 86
new units and rehabilitated duplexes will require goods and labor which will benefit the local economy.
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board considered a request by HC for the entire 2022 PAB capacity at its May 2022
meeting and supports the PAB Committee’s recommendation to provide the 2022 PAB allocation to HC.
(Attachment 4)
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Agenda Item 10
Item # 10 Page 3
PUBLIC OUTREACH
The Affordable Housing Board heard this matter at its remote May meeting which was open to the public. The
process to seek PAB capacity is detailed on the Social Sustainability Department’s web page and the
guidelines are set forth in the City’s General Financial Policies.
ATTACHMENTS
1. Private Activity Bond Allocation Letter (PDF)
2. Housing Catalyst Request (PDF)
3. Location Map - Impala (PDF)
4. Affordable Housing Board Minutes (draft) (PDF)
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Packet Pg. 115
January 12, 2022
Kelley Vodden
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Re: Private Activity Bond Allocation of $9,395,372
Dear Ms. Vodden:
I hereby certify that the above amount will be allocated to the respective local government for
the purpose of issuing Private Activity Bonds (PAB) in 2022 under the state ceiling imposed by the Internal
Revenue Code of 1986, as amended.
In accordance with the provisions of C.R.S. 24-32-1709.5, a fee on bonds issued is due to DOLA for
the portion of each issuance that originated from a direct allocation. The amount of this fee is subject
to revision, but is currently 0.027% of bonds issued. This fee is also due within five working days of the
bond closing. In the event that the full allocation amount is not issued, or the fee rate changes, the fee
will be recalculated to reflect the actual amount issued and the rate in effect at the time of closing.
If you have any questions, please contact Wayne McClary at (303) 864-7819 or wayne.mcclary@state.co.us.
Sincerely,
Rick M. Garcia
Executive Director
ATTACHMENT 1 10.1
Packet Pg. 116 Attachment: Private Activity Bond Allocation Letter (11682 : Assignment of 2022 Private Activity Bond Allocation)
June 21, 2022
Jacqueline Kozak-Thiel
Chief Sustainability Officer
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
RE: Request for assignment of 2022 Private Activity Bonding Authority
Dear Ms. Kozak-Thiel:
Housing Catalyst respectfully requests assignment from the City of Fort Collins’ 2022 Private
Activity Bond (PAB) cap for the purpose of affordable housing development. As the primary
developer and operator of affordable housing in Northern Colorado, Housing Catalyst intends to
utilize this authorization to further expand affordable housing opportunities within the City of Fort
Collins.
As a quasi-governmental entity formed under the state housing statute, Housing Catalyst will be
the direct issuer of bonds utilizing the PAB allocation. Therefore, the City of Fort Collins will not be
required to provide assistance, nor incur any costs associated with the utilization of the authorized
PAB cap.
Housing Catalyst contact information for this request:
Kristin Fritz, Chief Real Estate Officer
415-531-5617 / kfritz@housingcatalyst.com
1715 W. Mountain Ave.
Fort Collins, CO 80521
Amount of Allocation Requested: $9,395,372
Housing Catalyst is requesting the City of Fort Collins’ 2022 PAB allocation. The 2022 award from
the City of Fort Collins will be used to fulfill the PAB requirements for both the Impala
Redevelopment and qualifying pipeline projects.
Once the PAB cap is allocated to Housing Catalyst, it can be carried over or maintained for 3 years
to allow for its utilization in an approved project. Housing Catalyst maintains a robust development
pipeline to continue to address the significant need for affordable housing in the community. Any
ATTACHMENT 2 10.2
Packet Pg. 117 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
PAB allocation awarded to Housing Catalyst will be utilized to meet this need, either through
partnerships or Housing Catalyst’s own pipeline of new construction and preservation projects.
PAB Awards for Qualified Affordable Housing Projects
• PAB Awarded in 2021: $14,998,888 from City of Fort Collins and Larimer County
• PAB Awarded in 2022: $5,834,687 from Larimer County
Impala Redevelopment
• Total current estimated PAB needed: $19,500,000
• 86 units (49 new + 37 preserved), average 55% AMI
• LIHTC Application Submission: October 2022
• Construction: May 2023 - July 2024
All PAB awarded to Housing Catalyst will be used for current and future affordable housing
pipeline projects.
Bond Counsel Firm:
Gilmore & Bell, P.C.
15 West South Temple, Suite 250
Salt Lake City, UT 84101
Principal Contact: Ryan Warburton
801-258-2726 / rwarburton@gilmorebell.com
Description of Applicant’s Local Projects: See Attachment A
Number of Years Entity has been doing business in State of Colorado: 50 years
Certificate of Good Standing:
Housing Catalyst was originally formed as the Housing Authority of the City of Fort Collins in 1971
under state statute. As a result, this legal entity does not maintain a corporate filing with the
Colorado Secretary of State office and therefore is not required to maintain a Certificate of Good
Standing under that entity.
Description of Assets to be Purchased or Constructed:
The Impala Redevelopment includes two primary project components: 1) the new development of
62 new apartments and townhomes on the current site of 11 single family public housing units at
306 Impala Drive and a duplex on W. Mulberry St and 2) the renovation of 12 existing duplexes at
10.2
Packet Pg. 118 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
400 Impala Circle (26 units total, currently operating as the Village on Impala). Both sites are
currently owned and managed by Housing Catalyst, though the affordable restrictions on the
Village on Impala duplexes have expired. These two properties present a unique opportunity to
preserve and expand quality affordable housing as they are located adjacent to each other, but
they function separately. Less than 1 mile to grocery stores, early childhood centers, and health
clinics, the location shares a property boundary with Poudre High School making this an ideal
location for local families.
The renovation component will include the completion of major capital improvements and
upgrades that enhance site and unit accessibility, increase efficiency, and improve the quality and
livability of the units. The planned exterior improvements include roof, siding, and window
replacement and improvements to existing landscape and drainage. The renovation will also
address aging interior furnishings and systems including flooring, cabinets, appliances, energy
efficient lighting and plumbing fixtures, and HVAC systems.
The design of the new construction portion of the project promotes health, connectivity, and open
space and balances high density in a suburban context. Architecturally, the goal is to relate to,
compliment, and enhance the scale and aesthetic of the surrounding neighborhood as much as
possible. Pitched roofs and exterior cladding materials that complement the surrounding
architectural character are used on every building so the project fits in seamlessly with the
adjacent neighborhood.
The redevelopment will increase livability with the addition of a community center/clubhouse,
active green space and playground, and connectivity paths. There will be increased accessibility
and greater levels of sustainability as the project will meet all required City codes and achieve
2020 Enterprise Green Community Criteria.
See Attachment B for more project information.
Explanation of how project aligns with City objectives:
Housing Catalyst is the primary affordable housing provider, developer, and operator in the City of
Fort Collins and is a public housing authority formed under state statute. All projects of Housing
Catalyst align with the objectives outlined in the City of Fort Collins 2015-2019 Affordable Housing
Strategic Plan.
10.2
Packet Pg. 119 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
Largely, Housing Catalyst upholds an objective to assist all affordable housing deals in Northern
Colorado to come to fruition. This assistance is achieved in several ways, including education,
tracking and prioritizing developments, providing technical expertise in development and financing,
and issuing PAB on their behalf.
Number of Housing Units and Target Demographics:
There is a significant shortage of affordable housing units in the community with 99% of the
affordable housing units in the area occupied. According to a recently conducted market analysis
for Housing Catalyst, there is significant demand for additional family LIHTC rental housing in the
area, as evidenced by the low vacancy rates and occasional waitlists, the projected renter
household growth, and the relatively limited supply of new family LIHTC units in the development
pipeline.
The current unit mix for the 86 units in the Impala Redevelopment includes 20 one-bedroom, 39
two-bedroom, and 27 three-bedroom units. A minimum of 10% of the units will be constructed to
meet UFAS accessibility requirements and accessible design principles will be a priority. The
population served will primarily be low-income families given the proximity to Poudre High
School, though the development will also serve other household types. The Impala project will
provide housing opportunities at affordability levels that are currently underserved in our housing
market, ranging from 30% to 80% AMI, with an average of 55% AMI. The development will include
25 project-based housing vouchers.
Statement from Bond Counsel of Project Eligibility: See Attachment C
Thank you for your consideration. I am happy to provide any additional information as needed.
Sincerely,
Kristin Fritz
Chief Real Estate Officer
10.2
Packet Pg. 120 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
AT T A C H M E NT A
10.2
Packet Pg. 121 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
D E V E LO P M EN T R ES UM E
H o u s i n g C a t a l y s t i s t h e l a r g e s t a f f o r d a b l e h o u s i n g d e v e l o p e r a n d p r o p e r t y m a n a g e m e n t c o m p a n y i n
F o r t C o l l i n s . E s t a b l i s h e d i n 1 9 7 1 , H o u s i n g C a t a l y s t o w n s a n d o p e r a t e s o v e r 1 ,2 0 0 a f f o r d a b l e h o m e s
a n d a s s i s t s m o r e t h a n 2 ,1 0 0 f a m i l i e s (o v e r 4 ,0 0 0 i n d i v i d u a l s ) i n N o r t h e r n C o l o r a d o t h r o u g h o u r r e n t a l
p r o p e r t i e s a n d h o u s i n g p r o g r a m s . W e p r o v i d e c r i t i c a l t o o l s a n d r e s o u r c e s t o s e r v e f a m i l i e s w i t h i n
t h e f u l l s p e c t r u m o f n e e d s f r o m m o v i n g o u t o f h o m e l e s s n e s s t o a c h i e v i n g h o m e o w n e r s h i p .
H o u s i n g C a t a l y s t u s e s a T r i p l e B o t t o m L i n e m o d e l t o b u i l d h e a l t h y a n d s u s t a i n a b l e a f f o r d a b l e
c o m m u n i t i e s . W e a r e l e d b y a s k i l l e d e x e c u t i v e t e a m w i t h e x t e n s i v e e x p e r i e n c e i n r e a l e s t a t e
a c q u i s i t i o n , d e v e l o p m e n t , m a n a g e m e n t , a n d f i n a n c i a l a d m i n i s t r a t i o n . W e c r e a t e v i b r a n t , s u s t a i n a b l e
c o m m u n i t i e s , i n c o r p o r a t i n g g r e e n b u i l d i n g d e s i g n i n t o a l l o u r v e n t u r e s a n d s e r v i n g a s a m o d e l f o r
h i g h s t a n d a r d s i n a s s e t a n d p r o p e r t y m a n a g e m e n t , a s e v i d e n c e d b y n u m e r o u s a w a r d s f o r p r o j e c t
d e s i g n s , i n n o v a t i o n s , e n v i r o n m e n t a l s u s t a i n a b i l i t y , a c c o u n t a b i l i t y , a n d f i n a n c i a l r e p o r t i n g .
H o u s i n g C a t a l y s t h a s s e c u r e d h o u s i n g t a x c r e d i t s a n d o t h e r l o c a l a n d f e d e r a l f u n d i n g s o u r c e s f o r t h e
f o l l o w i n g r e c e n t d e v e l o p m e n t s a n d r e n o v a t i o n s :
OAK 14 0
OPENS SPRING 2023
(7 9 ) S t u d i o , 1 & 2 b e d r o o m a p a r t m e n t s
s e r v i n g 3 0 % - 8 0 % A M I
D o w n t o w n F o r t C o l l i n s l o c a t i o n
$3 1 .5 M n e w c o n s t r u c t i o n
4 % L I H T C , $1 3 .6 M f e d e r a l a n d s t a t e t a x
c r e d i t i n v e s t m e n t , $1 9 .3 M P r i v a t e A c t i v i t y
B o n d s , D D A e q u i t y , C i t y A H C F
(6 0 ) 1 & 2 b e d r o o m a p a r t m e n t s
A l l u n i t s a t o r b e l o w 3 0 % A M I , s e r v i n g
i n d i v i d u a l s e x p e r i e n c i n g h o m e l e s s n e s s
M i d t o w n F o r t C o l l i n s , t r a n s i t -o r i e n t e d
d e v e l o p m e n t
$1 9 .4 M n e w c o n s t r u c t i o n
9 % L I H T C , $1 1 .9 M t a x c r e d i t i n v e s t m e n t
C i t y A H C F , D O H , C D B G , H O M E
MASON PLACE PERMANENT
SUP PORTIVE HOUSING 2021
2022 HOUSING COLORADO EAGLE AWARD
FINALIST: 2021 AFFORDABLE HOUSING FINANCE READERS' CHOICE AWARDS
10.2
Packet Pg. 122 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
1 6 a p a r t m e n t s a t o r b e l o w 5 0 % A M I , s e r v i n g
t h o s e e x p e r i e n c i n g h o m e l e s s n e s s a n d
r e i n t e g r a t i n g a d u l t f e l o n y o f f e n d e r s
$1 M r e n o v a t i o n
C i t y o f F o r t C o l l i n s A f f o r d a b l e H o u s i n g F u n d ,
V i l l a g e s , L t d . e q u i t y
MY RTLE STRE ET SINGLE
ROOM OC C U PANCY 2021
(9 6 ) 1 , 2 , 3 & 4 b e d r o o m a p a r t m e n t s
s e r v i n g 3 0 % - 6 0 % A M I
F i r s t C i t y L a n d B a n k P r o j e c t
$2 7 M n e w c o n s t r u c t i o n
4 % L I H T C , $1 2 .5 M f e d e r a l a n d s t a t e t a x
c r e d i t i n v e s t m e n t , $1 9 M P r i v a t e A c t i v i t y
B o n d s , C D B G -D R , R A D p r o c e e d s
V ILLAGE ON H O R S ETOO H 2018
2019 NAHRO AWARD OF MERIT FOR PROGRAM INNOVATION IN AFFORDABLE HOUSING
VILL AG E ON S HIEL D S
(2 8 5 ) 1 , 2 , & 3 b e d r o o m a p a r t m e n t s
s e r v i n g 5 0 % - 6 0 % A M I
$6 8 M r e n o v a t i o n
4 % L I H T C , $4 1 .1 M f e d e r a l a n d s t a t e t a x
c r e d i t i n v e s t m e n t , $3 5 M P r i v a t e
A c t i v i t y B o n d s , R A D p r o c e e d s , C D B G ,
H O M E , O w n e r l o a n
2018
2019 NAHRO AWARD OF EXCELLENCE FOR COMMUNITY REVITALIZATION
2019 NAHRO AWARD OF MERIT FOR COMMUNITY REVITALIZATION
2019 CO NAHRO YES! IN MY BACKYARD AWARD
10.2
Packet Pg. 123 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
T OO TRENDY!
A n e w s l e t t e r i s a r e g u l a r l y d i s t r i b u t e d
p u b l i c a t i o n t h a t i s g e n e r a l l y a b o u t o n e
m a i n t o p i c o f i n t e r e s t t o i t s s u b s c r i b e r s .
N e w s p a p e r s a n d l e a f l e t s a r e t y p e s o f
n e w s l e t t e r s . F o r e x a m p l e , n e w s l e t t e r s
(9 5 ) 1 , 2 & 3 b e d r o o m a p a r t m e n t s
s e r v i n g 3 0 % - 6 0 % A M I
$1 6 .1 M r e n o v a t i o n
4 % L I H T C , $5 .3 M t a x c r e d i t i n v e s t m e n t ,
$8 .7 5 M P r i v a t e A c t i v i t y B o n d s , V i l l a g e s ,
L t d . e q u i t y ; p r e v i o u s g r a n t o r s : C i t y o f
F o r t C o l l i n s , D O H
V ILLAGE ON PLUM 2015
V ILLA GE ON REDWOOD 2017
(7 2 ) 1 ,2 ,3 & 4 b e d r o o m a p a r t m e n t s &
t o w n h o m e s i n N o r t h F o r t C o l l i n s s e r v i n g
3 0 % - 6 0 % A M I
$1 9 .4 M n e w c o n s t r u c t i o n
4 % L I H T C , $1 0 M f e d e r a l a n d s t a t e t a x
c r e d i t i n v e s t m e n t , $1 2 M P r i v a t e A c t i v i t y
B o n d s , R A D p r o c e e d s
2018 NAHRO AWARD OF EXCELLENCE FOR PROJECT DESIGN
2018 NAHRO AWARD OF MERIT FOR PROJECT DESIGN
2018 FORT COLLINS UTILITIES ENERGY EFFICIENCY AWARD
R EDTAIL PON DS PERMA NENT
SUPPORTIVE H OUS ING
(6 0 ) 1 & 2 b e d r o o m a p a r t m e n t s
A l l u n i t s a t o r b e l o w 3 0 % A M I , s e r v i n g
i n d i v i d u a l s e x p e r i e n c i n g h o m e l e s s n e s s
S o u t h F o r t C o l l i n s , t r a n s i t -o r i e n t e d
d e v e l o p m e n t
$1 2 .5 M n e w c o n s t r u c t i o n
9 % L I H T C , $8 M t a x c r e d i t i n v e s t m e n t ,
C D B G , H O M E
2017
2017 ULI COLORADO IMPACT AWARD FOR INFLUENCE
2016 NAHRO AWARD OF EXCELLENCE FOR PROJECT DESIGN
2016 NAHRO AWARD OF MERIT FOR PROJECT DESIGN
2015 HOUSING COLORADO EAGLE AWARD
10.2
Packet Pg. 124 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
A T T A C H M E N T B
10.2
Packet Pg. 125 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
Poudre High School
306 Impala
400 Impala
W Mulberry St
PRELIMINARY TOWNHOME DESIGN
I M P A L A R E D E VE L O PM E N T
CONSTRUCTION: MAY 2023 TO JULY 2024
(8 6 ) 1 , 2 & 3 b e d r o o m a p a r t m e n t s
S e r v i n g 3 0 % - 8 0 % A M I (5 5 % A M I
A v e r a g e )
$3 3 .9 M n e w c o n s t r u c t i o n a n d r e n o v a t i o n
4 % L I H T C a p p l i c a t i o n : O c t o b e r 2 0 2 2
P A B A w a r d e d i n 2 0 2 1 : $1 4 ,9 9 8 ,8 8 8 f r o m
C i t y o f F o r t C o l l i n s a n d L a r i m e r C o u n t y
2 0 2 2 P A B R e q u e s t : $2 ,3 0 0 ,0 0 0
10.2
Packet Pg. 126 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
2018
10.2
Packet Pg. 127 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
A T T A C H M E N T C
10.2
Packet Pg. 128 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
10.2
Packet Pg. 129 Attachment: Housing Catalyst Request (11682 : Assignment of 2022 Private Activity Bond Allocation)
ATTACHMENT 3 10.3
Packet Pg. 130 Attachment: Location Map - Impala (11682 : Assignment of 2022 Private Activity Bond Allocation)
AFFORDABLE HOUSING BOARD
REGULAR MEETING
5/5 /202 2 – MINUTES Page 1
May 5, 2022, 4:00-6:00pm
Remote/Online via Zoom due to COVID-19 DRAFT
CALL TO ORDER
At 4:00 PM the meeting was called to order by Tatiana Zentner
1.ROLL CALL
•Board Members Present: Tatiana Zentner, John Singleton, Jennifer Bray, Stefanie Berganini, Bob
Pawlikowski, Kristin Fritz, and Seth Forwood joined in progress.
•Staff Members Present:
•Sue Beck-Ferkiss, Staff Liaison – City of Fort Collins
•Taylor Reynolds, Minutes – City of Fort Collins
•Meaghan DeMasters, Environmental Services – City of Fort Collins
•Heidi O’Mara, Environmental Services – City of Fort Collins
•Selina Lujan Albers, Environmental Services – City of Fort Collins
•Noah Beals, City Planning – City of Fort Collins
•Guests Present:
•Marilyn Heller
•Lisa Cunningham
•Bill King
•Richard Cavendish
•Ruthie (no last name listed)
•housing costs.
Edited to PAB discussion
2.2022 Private Activity Bond Request – Sue Beck-Ferkiss
•Private Activity Bonds (PAB) are an affordable housing incentive and serve as a capacity for
tax exempt borrowing.
•PAB are required for tax increment financing and must be paired with 4% low-income housing
tax credits at the federal level (increasingly competitive).
•The IRS allocates Private Activity Bond amounts to various states based on population
formula, and the state distributes to eligible communities and organizations.
•Fort Collins regularly receives PAB and can use them or choose to issue them to another for a
permitted use. If unused, that capacity returns to the state on September 15th of every year.
ATTACHMENT 4 10.4
Packet Pg. 131 Attachment: Affordable Housing Board Minutes (draft) (11682 : Assignment of 2022 Private Activity Bond Allocation)
AFFORDABLE HOUSING BOARD
REGULAR MEETING
5/5 /202 2 – MINUTES Page 2
• The City has an application process for the Private Activity Bonds that require written
applications by March 15th. This year, Housing Catalyst was the only applicant and would like
to use the PAB for their Impala and Montava projects.
• The PAB application was presented to the Private Activity Bond Committee, and all feel very
comfortable allowing Housing Catalyst to use these for the purpose of new construction and
renovation of affordable housing.
• DISCUSSION SUMMARY:
• Do unused State Private Activity Bonds return to the federal government?
• The State can allocate them to different projects, and most don’t go
unused.
• The City has not been sent back PAB to the State in 9 years.
• How would this PAB allocation impact the Human Services and Housing Funding
Board’s Competitive Grant Process funding recommendations?
• These bonds support the soft funding allocations made in the grant
process. Both are needed to fully fund Housing Catalyst’s projects.
• Would Housing Catalyst have requested more Private Activity Bonds, if available?
• Housing Catalyst’s needs exceed the City’s allotment of bond cap.
• In the past, Housing Catalyst has been issued additional bonds because of
their ability to use it for their projects or extend them to other affordable
housing developers.
• Would the Impala Project by Housing Catalyst be fully funded with these bonds?
• The PAB issued by the City, in addition to PAB issued by Larimer County, is
expected to fully fund the Impala Project.
Bob Pawlikowski moved to recommend to City Council that the entire 2022 allocation of
Private Activity Bonds be made to Housing Catalyst for the Impala and Montava projects.
Stefanie Berganini seconded. Approved 6-0.
Kristin Fritz abstained.
10.4
Packet Pg. 132 Attachment: Affordable Housing Board Minutes (draft) (11682 : Assignment of 2022 Private Activity Bond Allocation)
-1-
RESOLUTION 2022-067
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ASSIGNMENT OF THE CITY’S 2022 PRIVATE ACTIVITY
BOND ALLOCATION TO HOUSING CATALYST TO FINANCE THE NEW
CONSTRUCTION AND REHABILITATION OF AFFORDABLE HOMES
WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of
Colorado (the “State”) to issue revenue bonds for purposes including the financing of multi-
family rental housing projects for low- and moderate-income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the
amount of tax-exempt bonds (“Private Activity Bonds” or “PAB”) which may be issued in the
State (the “State Ceiling”); and
WHEREAS, pursuant to the Code, the Colorado General Assembly adopted the Colorado
Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado
Revised Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among
various State and local governmental units, and further providing for the assignment of such
allocations from such governmental units to any entity or person with the authority to issue
bonds; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act,
the City has received a direct allocation of the 2022 State Ceiling for the issuance of Private
Activity Bonds in the aggregate principal amount of $9,395,372 (the “2022 Allocation”); and
WHEREAS, if the City does not issue bonds or assign its annual allocation to an other
entity by September 15 of each year, its allocation is relinquished to the statewide balance; and
WHEREAS, the City received one application for the 2022 Allocation from Housing
Catalyst, seeking PAB capacity for the development of affordable housing; and
WHEREAS Housing Catalyst proposes using the 2022 Allocation for the Village on
Impala Redevelopment and Renovation project, which will provide 86 affordable rental homes
for individuals and families with incomes ranging from 30-80% area median income (AMI), and
which also received the City’s 2021 PAB allocation; and an additional planned Housing Catalyst
project or projects, depending on the timing and order in which those projects develop, that will
also renovate or construct affordable apartment homes and shall align with the objectives
outlined in the City’s Housing Strategic Plan (collectively, the “Projects”); and
WHEREAS, the City’s PAB Committee considered the Housing Catalyst application and
recommends assigning the 2022 Allocation to Housing Catalyst pursuant to Section 24-32-1706
of the Allocation Act; and
WHEREAS, Housing Catalyst has expressed its willingness to attempt to issue Revenue
Bonds in an amount equal to or greater than the 2022 Allocation; and
Packet Pg. 133
-2-
WHEREAS, the City Council finds that the 2022 Allocation can be utilized most
efficiently by assigning it to Housing Catalyst to issue Private Activity Bonds for financing the
Projects, and that such assignment will advance the City’s objective of increasing the availability
of adequate affordable housing for low- and moderate-income persons and families within the
City; and
WHEREAS, the Council wishes to assign the 2022 Allocation to Housing Catalyst,
which assignment is to be evidenced by an Assignment of Allocation agreement between the
City and Housing Catalyst; and
WHEREAS, a draft of the proposed Assignment of Allocation is attached as Exhibit “A”
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves assignment to Housing Catalyst of
the City’s 2021 Allocation of $9,395,372 for the Projects as described herein.
Section 3. That the City Council hereby authorizes the Mayor to execute an
Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit
“A,” along with such other terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City or
effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 134
ASSIGNMENT OF ALLOCATION
THIS ASSIGNMENT (the “Assignment”), dated ________ , 2022 is between the
City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and Housing Catalyst,
a body corporate and politic (the “Assignee”).
RECITALS
A.The Assignee intends to finance the construction of 86 units of new and renovated
rental housing on Impala Drive and Impala Circle, all for households with incomes ranging from
30% to 80% of area median income, and the construction of another affordable housing project
or projects consisting of the construction or rehabilitation of rental housing, consistent with the
objectives outlined in the City’s Housing Strategic Plan (collectively, the “Projects”.) The
Projects will each be designed to qualify as a “project” within the meaning of Title 29, Article 4,
Part 2, Colorado Revised Statutes, as amended (the “Act”).
B.The Assignee intends to provide for the issuance of its Multifamily Housing
Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of
financing the Projects.
C.The Assignee has requested that the Assignor assign to the Assignee the
Assignor’s 2022 allocation of $9,395,372 (the “Allocation”) under the bond ceiling for the State
of Colorado and its issuing authorities (“the State Ceiling”) computed under Section 146(d) of
the Internal Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated
local issuing authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the
“Allocation Act”), for use in connection with the financing of the Projects.
D.Subject to the terms and conditions set forth herein, the Assignor desires to assign
to the Assignee, and the Assignee desires to accept, such Allocation from the State Ceiling.
ASSIGNMENT
In exchange for the agreements set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1.The Assignor hereby assigns and transfers to the Assignee the Assignor’s 2022
Allocation of $9,395,372 from the State Ceiling for private activity bonds. The Assignor and the
Assignee understand that such assigned allocation shall automatically be relinquished to the
“Statewide Balance” as defined under the Allocation Act unless (a) the Proposed Bonds are
issued by the Assignee on or before September 15, 2022, or (b) Section 24-32-1706(3)(c),
C.R.S., applies.
2.The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
EXHIBIT A A
Packet Pg. 135 Attachment: Exhibit A (11702 : Assignment of 2022 Private Activity Bond Allocation RESO)
2
3. The Assignee hereby:
(a) accepts the assignment of the Assignor’s Allocation from the State Ceiling
described above;
(b) agrees to use its best efforts to issue and use the Proposed Bonds for the
purpose of financing the Projects; and
(b) agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of such Allocation.
4. The Assignor hereby consents to the election by the Assignee, if the Assignee in
its discretion so decides, to treat all or any portion of the assignment set forth herein as an
allocation for a project with a carryforward purpose.
5. This Assignment shall not constitute a debt or indebtedness or financial obligation
of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor
give rise to a pecuniary liability or charge against the general credit or taxing power of the
Assignor.
[The remainder of this page is intentionally left blank]
EXHIBIT A A
Packet Pg. 136 Attachment: Exhibit A (11702 : Assignment of 2022 Private Activity Bond Allocation RESO)
[Signature Page to Assignment of Allocation]
S-1
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to
be executed to be effective as of the date and year first written above.
CITY OF FORT COLLINS, COLORADO,
as Assignor
____________________________________
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
City Clerk Assistant City Attorney
____________________________ _______________________________
(print name) (print name)
HOUSING CATALYST, as Assignee
By: ________________________________
Its: ________________________________
ATTEST:
By: ________________________________
Its: ________________________________
EXHIBIT A A
Packet Pg. 137 Attachment: Exhibit A (11702 : Assignment of 2022 Private Activity Bond Allocation RESO)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Ted Hewitt, Legal
Carrie Daggett, City Attorney
SUBJECT
Resolution 2022-068 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings
and Council Work Sessions.
EXECUTIVE SUMMARY
The purpose of this item is to update Council meeting rules to reflect and clarify desired procedures including
order of business, signing in for public comment, and manner of addressing comments.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2020 and 2021, Council meeting rule adjustments were made to both accommodate a more remote
environment due to the pandemic and to add efficiencies for the public and completing meeting business. Now
that residents are beginning to return to Council Chambers there is a desire to clarify and raise awareness to
desired behaviors and protocols.
This ordinance contains the following noted changes:
Section 2. Order of Business for Regular or Special Council Meetings.
• Moving Community Reports up in agenda order to accommodate partner entities and officials making
reports.
Section 4. Public Comment During Regular and Special Council Meetings.
• Noting that speakers are required to sign-in. Having a speaker’s name and general address in writing
assists with follow-up and in noting residency.
• Clarifying that comments must pertain to the item under consideration.
• Adding a section on Decorum and Types of Comments Allowed. This section now includes:
Comment and testimony are to be directed to the Council. When referring to a Councilmember, a speaker
is expected to use the Councilmember’s official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
11
Packet Pg. 138
Agenda Item 11
Item # 11 Page 2
During general public comment, speakers may speak to any matter of public interest or concern. During
discussion of a particular agenda item, speakers shall limit their comments to that item; testimony that
strays from the topic will be out of order.
Speakers shall not make personal, impertinent, profane, vulgar, slanderous , intimidating or harassing
remarks that disturb, disrupt or impede the conduct of the meeting or the Council’s completion of its
business. Similarly, threats of violence or harm, or abusive language, and racial or ethnic slurs directed at
any person, are prohibited.
Speakers shall avoid lengthy repetition of comments already provided.
The comment forum is provided to address Council on the designated topics only and may not be used for
comment or speech not germane to the designated topic. Dialogue between a speaker and attendees or
audience of a meeting, or comments directed to other speakers, are disruptive to the meeting and will be
out of order.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
• Clarifies use of video and audio recording equipment.
• Requests cell phones be turned off in the Chambers.
• Requests that residents leave the meeting quietly as to not disrupt business.
Also included in these materials is a general statment of the public participation rules and desired norms listed
below. These will be made available and viewable in Council Chambers.
1. Please silence cell phones.
2. Comment on any matter of public interest or concern is welcome during the time for general public
comment.
3. Public comment on any agenda item is allowed only once - either during general public comment or when
the item is called for consideration.
4. Public comment is not a question-and-answer session. All remarks should be addressed to the Council as
a whole, not individual councilmembers.
5. Speakers are encouraged to treat others with respect, dignity, and kindness and direct their comments
toward policy items rather than individual people or groups.
6. It is important to maintain a welcoming and respectful environment. Expressions of support or opposition
from the audience in response to any speaker are not allowed.
7. Signs are permitted if they are 11 x 17 inches or smaller. Signs must be held directly in front of one’s body
and may not be waved or attached to sticks so as not to obstruct the view of attendees. Props are not
allowed.
8. Video filming and audio recording in the chambers is permitted o nly from a seated position or from the
speaker line or lectern. Recording must not be distracting or block, hinder, or obstruct the view of others.
9. Please leave the Chamber quietly so as not to disrupt the meeting.
11
Packet Pg. 139
Agenda Item 11
Item # 11 Page 3
ATTACHMENTS
1. Rules of Procedure - Redlined (PDF)
2. Decorum for Public Comment and Conduct (PDF)
11
Packet Pg. 140
Rules of Procedure
Governing the Conduct of City Council Meetings
and Work Sessions
REVISING VERSION Adopted October 19, 2021
Resolution 2022-xxxx
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a.Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
b.Council may authorize additional use of remote technology through the adoption of an
ordinance (such as Ordinance No. 079, 2020, regarding the COVID-19 emergency) or
through modification of the City Code.
c.The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting.
Section 2. Order of Business for Regular or Special Council Meetings.
a.Regular Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
(A)Proclamations and Presentations. (Prior to the meeting)
(B)Call Meeting to Order
(C)Pledge of Allegiance
(D)Roll Call
(E)City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F)Community Reports
(G)Public Comment on Any Topics or Items or Community Events (including
requests for removal of items from Consent Calendar for individual
discussion)
(HG) Public Comment Follow-up
(IH) Councilmember Removal of Items from Consent Calendar for Discussion
(JI) Adoption of Consent Calendar
(KJ) Consent Calendar Follow-up
(LK) Staff Reports
ATTACHMENT 1 11.1
Packet Pg. 141 Attachment: Rules of Procedure - Redlined (11731 : Council Meeting Rules and Public Participation Norms)
City Council Rules of Procedure
(REVISIONS TO October 19, 2021, VERSION)
2
(ML) Councilmember Reports
(NM) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(ON) Consideration of Items Planned for Discussion
(PO) Other Business
(QP) Adjournment
b. Special Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of a Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
11.1
Packet Pg. 142 Attachment: Rules of Procedure - Redlined (11731 : Council Meeting Rules and Public Participation Norms)
City Council Rules of Procedure
(REVISIONS TO October 19, 2021, VERSION)
3
e. Protest hearings required under City Code Section 7-88 (regarding re-districting)
or Section 7-156 (regarding ballot title and/or submission clause) shall be
conducted in the following order, as part of the agenda item for the item under
protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest the by the City
Council.
After completion of the Protest Hearing, Council will return to the Agenda Item
and receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall
be established by the presiding officer and shall comply with any applicable legal
requirements.
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m., and will end no later than 5:30
p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. 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.
11.1
Packet Pg. 143 Attachment: Rules of Procedure - Redlined (11731 : Council Meeting Rules and Public Participation Norms)
City Council Rules of Procedure
(REVISIONS TO October 19, 2021, VERSION)
4
Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting. Each speaker will be required to sign up to provide public comment on a
City-provided form. Each speaker will only be allowed to speak one time during
Public Comment. If a speaker comments on a particular agenda item during the
time for general public comment, that speaker will not also be entitled to speak
during discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public. Each
speaker will only be allowed to speak one time to comment on any particular
agenda item. A speaker who addresses Council during general public participation
about a particular agenda item will not be entitled to speak again as part of
Council’s consideration of that particular item. Comments given during the
comment period for an agenda item must pertain to the item under consideration.
The Council may, but is not required to, receive public comment in connection with
procedural matters and motions. Except as otherwise provided in these rules, public
comment will be permitted only once per item regardless of the number of motions
made during Council’s consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
11.1
Packet Pg. 144 Attachment: Rules of Procedure - Redlined (11731 : Council Meeting Rules and Public Participation Norms)
City Council Rules of Procedure
(REVISIONS TO October 19, 2021, VERSION)
5
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person, are prohibited.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) The comment forum is provided to address Council on the designated
topics only and may not be used for comment or speech not germane to the
designated topic. Dialogue between a speaker and attendees or audience of
a meeting, or comments directed to other speakers, are disruptive to the
meeting and will be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers (or to a seat
nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) After speakers physically present at the meeting have spoken, the presiding
officer will ask those participating remotely who had indicated they wish
to speak to provide their comments.
d. Manner of Addressing the Council. Comment and testimony are to be directed to
the Council. Unless otherwise directed by the presiding officer, all comments must
be made into the microphone.
e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
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f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
circumstances that permit City staff to manage the use of the equipment, prepare
materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment 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.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council
consideration to the City Clerk (whether in hard copy or for display) in the
manner specified by the City Clerk no later than noon on the day of the
meeting at which the subject item is scheduled for consideration or 4:00
p.m. the business day prior to the meeting if the meeting begins earlier than
6:00 p.m. Any such materials must be in a form or format readily usable on
the City’s display technology. NOTE: Parties in appeals to Council may
present new evidence only in the limited circumstances set forth in Chapter
2 of the City Code.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
room (collectively referred to as the “Meeting Room”), except no such signs
or props shall be displayed during the conduct of a quasi-judicial hearing
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during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
(5) Signs or props attached to sticks, poles, or other objects are prohibited.
c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public
event. Distribution of fliers and other literature is permitted on the sidewalks and
grounds around City Hall. Persons wishing to engage in such activities may do so
only in a manner that does not interfere with the movement of persons or obstruct
the passage of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
g. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
adjourned must leave in a quiet and orderly manner until outside of the building, to
avoid disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
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but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
Section 7. Council Questions and Debate.
Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
when recognized by the presiding officer. The presiding officer may limit or curtail questions or
debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
• Main motions are used to bring business before the Council for consideration and action.
• A main motion can be introduced only if no other business is pending.
• All main motions require a second and may be adopted by majority vote of those
Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
• A main motion may be made or seconded by any Councilmember, including the presiding
officer.
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• A main motion is debatable and may be amended.
SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
• A motion to amend, once seconded, is debatable and may itself be amended once.
• A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
• Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
• Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
• “Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
unless one or more members of the Council objects, in which case the majority of the Council
must consent to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
• A motion to postpone definitely must be seconded to proceed.
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• A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
if so, to what date or time.
• Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
• A motion to lay on the table must be seconded to proceed.
• Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
• Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
• A motion to postpone indefinitely must be seconded to proceed.
• A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
• If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
• A motion to call the question is not debatable or amendable.
INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
• A “point of order” takes precedence over any pending question out of which it may
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arise and does not require a second.
• A “point of order” is not amendable.
• Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order
may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
o No member has the right to express an opinion unless requested to do so by
the presiding officer.
• When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
• If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
the adoption of a motion for division of the question.
• A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
• The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
• Often, little formality is involved in dividing a question, and it is arranged by
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unanimous consent.
4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
• A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
• A motion to suspend the rules must be seconded to proceed.
• This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
RESTORATIVE MOTIONS
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
• A motion to take an item from the table must be seconded to proceed.
• A motion to take an item from the table is neither debatable nor amendable.
• When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
• A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken, and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
• A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
• The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed
situation that has developed since the taking of a vote.
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• When a member who cannot make a motion for reconsideration believes that there
are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
• A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
• A motion to reconsider is not amendable.
• The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
• A motion to rescind or amend something previously adopted must be seconded to
proceed.
• A motion to rescind or amend something previously adopted is debatable and
amendable.
• In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
• The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
• In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
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PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
• A motion to adjourn requires a second.
• A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
• An unconditional, privileged motion to adjourn takes precedence over most other
motions.
• The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
• A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
• After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
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Decorum for Public Comment and Conduct
1.All speakers must sign-up to provide public comment using the City’s public comment sign-
up system.
2.Comment on any matter of public interest or concern is welcome during the time for
general public comment.
3.Public comment on any agenda item is allowed only once – either during general public
comment or when the item is called for consideration.
4.Public comment is not a question-and-answer session. All remarks should be addressed to
the Council as a whole, not individual councilmembers.
5.Speakers are encouraged to treat others with respect, dignity, and kindness and direct their
comments toward policy goals rather than individual people or groups.
6.It is important to maintain a welcoming and respectful environment. Expressions of support
or opposition from the audience in response to any speaker are disruptive and intimidating
and are not allowed.
7.Signs are permitted if they are 11 x 17 inches or smaller. Signs must be held directly in front
of one’s body and may not be waved or attached to sticks so as not to obstruct the view of
attendees. Props are not allowed.
8.Video filming and audio recording in the chambers is permitted only from a seated position,
from the speaker line or lectern, from the back of the room, or as otherwise authorized by
the presiding officer. Recording must not be distracting or block, hinder, or obstruct the
view of others.
9.Cell phones and other communications devices should be silenced or turned off.
10.Individuals leaving the meeting before it is adjourned must leave in a quiet and orderly
manner until outside of the building, to avoid disrup ting the meeting.
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RESOLUTION 2022-068
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE
CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS
WHEREAS, the City Council has previously adopted certain Rules of Procedure
Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules of
Procedure have been amended from time to time by the Council, most recently in October 2021
with the adoption of Resolution 2021-093; and
WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient
conduct of the meetings and ensure fair treatment of members of the public wishing to comment
for Council’s consideration; and
WHEREAS, the City Council wishes to further amend the Rules of Procedure t o require
members of the public wishing to comment for Council’s consideration to sign up to provide
public comment using a City-provided sign-up system; and
WHEREAS, the City Council wishes to clarify expectations of how members of the
public will comport themselves while attending a meeting and while providing public comment
during a meeting in order to ensure the orderly and efficient conduct of the meetings; and
WHEREAS, the City Council wishes to include in the Rules recognition of the common
practice of placing Community Reports, when provided, early in a meeting agenda; and
WHEREAS, the revision of the Rules of Procedure to address the issues noted herein, as
set forth in Exhibit “A,” will improve the conduct of Council meetings and provide clarity for the
public; and
WHEREAS, the City Council believes that such rules and regulations are in the best
interests of the City.
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 revised Rules of Procedure Governing the Conduct of City
Council Meetings and Work Sessions (“Rules of Procedure”), attached hereto as Exhibit “A” and
incorporated herein by this reference, are hereby adopted by the City Council.
Section 3. That the Rules of Procedure shall supersede all previous rules of
procedure that have heretofore been adopted by the City Council including, but not limit ed to,
Resolution 2021-093.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2022.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Rules of Procedure
Governing the Conduct of City Council Meetings
and Work Sessions
Adopted July 5, 2022
Resolution 2022-068
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a. Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
b. Council may authorize additional use of remote technology through the adoption of an
ordinance (such as Ordinance No. 079, 2020, regarding the COVID-19 emergency) or
through modification of the City Code.
c. The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting.
Section 2. Order of Business for Regular or Special Council Meetings.
a. Regular Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
(A) Proclamations and Presentations. (Prior to the meeting)
(B) Call Meeting to Order
(C) Pledge of Allegiance
(D) Roll Call
(E) City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F) Community Reports
(G) Public Comment on Any Topics or Items or Community Events (including
requests for removal of items from Consent Calendar for individual
discussion)
(H) Public Comment Follow-up
(I) Councilmember Removal of Items from Consent Calendar for Discussion
(J) Adoption of Consent Calendar
(K) Consent Calendar Follow-up
(L) Staff Reports
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(M) Councilmember Reports
(N) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(O) Consideration of Items Planned for Discussion
(P) Other Business
(Q) Adjournment
b. Special Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of a Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
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e. Protest hearings required under City Code Section 7-88 (regarding re-districting)
or Section 7-156 (regarding ballot title and/or submission clause) shall be
conducted in the following order, as part of the agenda item for the item under
protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest by the City
Council.
After completion of the Protest Hearing, Council will return to the Agenda Item
and receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall
be established by the presiding officer and shall comply with any applicable legal
requirements.
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m. and will end no later than 5:30 p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. 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.
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Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting. Each speaker will be required to sign up to provide public comment on a
City-provided form or system. Each speaker will only be allowed to speak one time
during Public Comment. If a speaker comments on a particular agenda item during
the time for general public comment, that speaker will not also be entitled to speak
during discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public. Each
speaker will only be allowed to speak one time to comment on any particular
agenda item. A speaker who addresses Council during general public participation
about a particular agenda item will not be entitled to speak again as part of
Council’s consideration of that particular item. Comments given during the
comment period for an agenda item must pertain to the item under consideration.
The Council may, but is not required to, receive public comment in connection with
procedural matters and motions. Except as otherwise provided in these rules, public
comment will be permitted only once per item regardless of the number of motions
made during Council’s consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
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(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person or group of persons, are prohibited.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) The comment forum is provided to address Council on the designated
topics only and may not be used for comment or speech not germane to the
designated topic. Dialogue between a speaker and attendees or audience of
a meeting, or comments directed to other speakers, are disruptive to the
meeting and will be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers (or to a seat
nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) After speakers physically present at the meeting have spoken, the presiding
officer will ask those participating remotely who had indicated they wish
to speak to provide their comments.
e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
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circumstances that permit City staff to manage the use of the equipment, prepare
materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment 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.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council
consideration to the City Clerk (whether in hard copy or for display) in the
manner specified by the City Clerk no later than noon on the day of the
meeting at which the subject item is scheduled for consideration or 4:00
p.m. the business day prior to the meeting if the meeting begins earlier than
6:00 p.m. Any such materials must be in a form or format readily usable on
the City’s display technology. NOTE: Parties in appeals to Council may
present new evidence only in the limited circumstances set forth in Chapter
2 of the City Code.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
room (collectively referred to as the “Meeting Room”), except no such signs
or props shall be displayed during the conduct of a quasi-judicial hearing
during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
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(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
(5) Signs or props attached to sticks, poles, or other objects are prohibited.
c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public
event. Distribution of fliers and other literature is permitted on the sidewalks and
grounds around City Hall. Persons wishing to engage in such activities may do so
only in a manner that does not interfere with the movement of persons or obstruct
the passage of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
g. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
adjourned must leave in a quiet and orderly manner until outside of the building, to
avoid disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
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Section 7. Council Questions and Debate.
Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
when recognized by the presiding officer. The presiding officer may limit or curtail questions or
debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
• Main motions are used to bring business before the Council for consideration and action.
• A main motion can be introduced only if no other business is pending.
• All main motions require a second and may be adopted by majority vote of those
Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
• A main motion may be made or seconded by any Councilmember, including the presiding
officer.
• A main motion is debatable and may be amended.
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SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
• A motion to amend, once seconded, is debatable and may itself be amended once.
• A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
• Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
• Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
• “Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
unless one or more members of the Council objects, in which case the majority of the Council
must consent to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
• A motion to postpone definitely must be seconded to proceed.
• A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
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if so, to what date or time.
• Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
• A motion to lay on the table must be seconded to proceed.
• Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
• Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
• A motion to postpone indefinitely must be seconded to proceed.
• A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
• If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
• A motion to call the question is not debatable or amendable.
INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
• A “point of order” takes precedence over any pending question out of which it may
arise and does not require a second.
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• A “point of order” is not amendable.
• Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order
may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
o No member has the right to express an opinion unless requested to do so by
the presiding officer.
• When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
• If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
the adoption of a motion for division of the question.
• A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
• The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
• Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
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4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
• A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
• A motion to suspend the rules must be seconded to proceed.
• This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
RESTORATIVE MOTIONS
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
• A motion to take an item from the table must be seconded to proceed.
• A motion to take an item from the table is neither debatable nor amendable.
• When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
• A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
• A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
• The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed
situation that has developed since the taking of a vote.
• When a member who cannot make a motion for reconsideration believes that there
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are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
• A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
• A motion to reconsider is not amendable.
• The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
• A motion to rescind or amend something previously adopted must be seconded to
proceed.
• A motion to rescind or amend something previously adopted is debatable and
amendable.
• In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
• The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
• In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
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1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
• A motion to adjourn requires a second.
• A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
• An unconditional, privileged motion to adjourn takes precedence over most other
motions.
• The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
• A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
• After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Jill Hueser, Chief Judge
Ingrid Decker, Legal
SUBJECT
Resolution 2022-069 Reappointing Michelle Kline as an Assistant Municipal Judge of the Fort Collins Municipal
Court and Authorizing the Execution of an Employment Agreement.
EXECUTIVE SUMMARY
The purpose of this item is to reappoint Michelle Kline as Assistant Municipal Judge for the Fort Collins
Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two-year
terms. This will be Judge Kline’s second term. Chief Judge Jill A. Hueser recommends that Judge Kline be
reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution reappoints Michelle Kline as Assistant Municipal Judge for the Fort Collins Municipal Court
and authorizes the Mayor to execute an employment agreement. Judge Kline was first appointed by Council
on July 21, 2020. Chief Judge Hueser recommends this reappointment to provide adequate relief judge
resources to cover vacation and sick leave as well as cases where there may be a conflict for one or more
judges. Judge Kline is a reputable and qualified attorney who has substantial experience as a Municipal Judge
for other Colorado courts and has served the Fort Collins Municipal Court admirably for the last two years.
Judge Kline has been an attorney since 2002 with no disciplinary history and currently serves as a relief judge
for the Town of Erie, the Town of Hudson, and the City of Westminster and as the presiding judge for the Town
of Keenesburg, and City of Brighton. Judge Kline also works as a part -time magistrate with the Denver County
Court.
CITY FINANCIAL IMPACTS
The proposed rate of pay of $85 per hour is in line with the rate being paid by other Municipal Courts in the
Front Range. This Assistant Municipal Judge will serve on an as -needed basis and the expense will be
covered by the current Municipal Court budget.
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RESOLUTION 2022-069
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING MICHELLE KLINE AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
WHEREAS, Article VII of the City Charter provides that the City Council shall appoint
the judge or judges of the Municipal Court for two-year terms; and
WHEREAS, on July 21, 2020, the City Council appointed Michelle Kline as an Assistant
Municipal Judge to back up Chief Judge Jill Hueser, and Judge Kline has served admirably; and
WHEREAS Judge Kline’s current term expires on July 21, 2022, and the Chief Judge has
recommended that City Council reappoint Judge Kline for another two-year term; and
WHEREAS, the City Council recognizes that Michelle Kline is a reputable and qualified
attorney and wishes to reappoint her to serve in such capacity on the recommendation of the
Chief Judge.
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 Michelle Kline is hereby appointed Assistant Municipal Judge, for a
term beginning July 22, 2022, and ending July 21, 2024, to serve as an Assistant Municipal
Judge for the City as deemed necessary by the Chief Judge.
Section 3. That the compensation to be paid by the City to Judge Kline for serving in
this capacity shall be at the rate of Eighty-Five Dollars ($85) per hour.
Section 4. That the Mayor is hereby authorized to enter into an employment
agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this
reference, for the period of July 22, 2022, through July 21, 2024, between the City and Michelle
Kline to effectuate the purposes of this Resolution.
Packet Pg. 173
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D.2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 174
EXHIBIT A
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of July, 2022, by and between the
City of Fort Collins, hereinafter referred to as the “City,” and Michelle Kline, hereinafter referred to
as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide her services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2022-069 the City Council has approved of the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and
requirements regarding the employment of the Employee by the City.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein
contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned.
2. Compensation
The Employee shall be compensated at the regular rate of Eighty-Five Dollars ($85.00) per
hour, less deductions and withholdings required by law, or authorized by Personnel Policies and
Procedures, or authorized by the Employee. The Court Administrator, in coordination with the
Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to
any payment therefor. All payments shall be made within thirty (30) days of receipt of said time
sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act
and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 22, 2022, to and including July 21, 2024.
Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the
expiration of its term.
A
Packet Pg. 175 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
EXHIBIT A
Michelle Kline
Employment Agreement
July 5, 2022
Page 2 of 5
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior to
the expiration of the term hereof by providing written notice of termination to the other party at
least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion,
provide the Employee with fifteen (15) calendar days' compensation at her regular rate in lieu of such
notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into
the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Michelle Kline
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations of
this Agreement through the current fiscal year. This Agreement shall terminate at the end of the
City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate
funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the
subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to
appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee shall be credited for and is entitled to receive those sick leave benefits provided to hourly
City employees.
A
Packet Pg. 176 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
EXHIBIT A
Michelle Kline
Employment Agreement
July 5, 2022
Page 3 of 5
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Respectful Workplace Policy and agrees that she shall
comply with and be bound by all provisions that apply to contractual employees. The Employee
acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or
otherwise change any and all policies and procedures in the Personnel Policies and Procedures
and the Respectful Workplace Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Respectful Workplace Policy contain examples of types of disciplinary action including
dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is
not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures
prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in
its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at
any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4
above.
In the event that any applicable personnel policies set forth in the City’s Personnel Policies and
Procedures or the City Council-adopted Respectful Workplace Policy are inconsistent or conflict
with the terms of this Agreement, then the terms of this Agreement shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries, ideas,
inventions, and information pertinent to the operation or functions of the City which the Employee
may develop either individually or in conjunction with others, or of which existence the Employee
may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the Employee's
employment, whether individually or in conjunction with others, and all intermediate and partial
versions thereof, as well as all materials, flow charts, notes, outlines and the like created in
connection therewith (collectively referred to as “Work Product”), and any formulae, processes,
logarithms, ideas and other information not generally known to the public, whether or not protected by
copyright, and developed or generated by the Employee in the course of the Employee's employment
hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable
works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and interest
in and to all Work Product, and all copies of such Work Product, without further consideration. The
A
Packet Pg. 177 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
EXHIBIT A
Michelle Kline
Employment Agreement
July 5, 2022
Page 4 of 5
Employee further acknowledges that the City shall retain ownership of and the right to reproduce,
market, license, or otherwise distribute any program or material produced by the Employee under the
terms of this Agreement.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in
the City's Personnel Policies and Procedures and the City Council-approved Respectful Workplace
Policy may be amended, modified, supplemented or rescinded at any time at the sole discretion of the
City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is
further understood and agreed by the Employee that no representation, promise or other agreement
not expressly contained herein has been made to induce the execution of this Agreement, and that the
terms of this Agreement are contractual and not merely recitals.
9. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it
or she is entitled.
10. Severability
Should any provision, part or term of this Agreement be declared or determined by a court of
competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
11. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
A
Packet Pg. 178 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
EXHIBIT A
Michelle Kline
Employment Agreement
July 5, 2022
Page 5 of 5
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Jeni James Arndt, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
EMPLOYEE:
Michelle Kline, Esq.
APPROVED:
Human Resources Executive
APPROVED:
Chief Judge Jill A. Hueser
A
Packet Pg. 179 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
EXHIBIT A
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County Jail),
the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have
been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and process
paperwork as requested by the Chief Judge or Court Administrator. During trial sessions, the
Assistant Municipal Judge shall conduct the trials in accordance with the laws and procedures
applicable to the Court.
A
Packet Pg. 180 Attachment: Exhibit A (11733 : Reappointment of Michelle Kline RESO)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2022-070 Expressing the Council’s Support for Protection of Reproductive Rights and Concern
about the Threat to Them Presented by Recent U.S. Supreme Court Action.
EXECUTIVE SUMMARY
The purpose of this item is to bring a Resolution, after consultation with the Mayor and Mayor Pro Tem,
expressing concern regarding the recent United States Suprem e Court decision in Dobbs v. Jackson Women’s
Health Organization, and expressing support for protection of reproductive rights, privacy, dignity, and self -
determination.
13
Packet Pg. 181
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RESOLUTION 2022-070
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE COUNCIL’S SUPPORT FOR
PROTECTION OF REPRODUCTIVE RIGHTS
AND CONCERN ABOUT THE THREAT TO THEM
PRESENTED BY RECENT U.S. SUPREME COURT ACTION
WHEREAS, the United States Supreme Court on June 24, 2022, issued its decision in
Dobbs v. Jackson Women’s Health Organization, expressly overturning the Supreme Court’s
1973 Roe v. Wade decision, which determined the privacy rights guaranteed under the U.S.
Constitution protect the right to terminate a pregnancy, with some limitation, and the Supreme
Court’s 1992 Planned Parenthood of Southeastern Pa. v. Casey decision, which reaffirmed the
central holding of Roe; and
WHEREAS, the Dobbs decision takes from millions of Americans a fundamental,
protected right to make their own reproductive health decisions, including whether and when to
carry a pregnancy to term, and accordingly the right to bodily integrity and self-determination;
and
WHEREAS, the effects of Dobbs will be experienced disproportionately by people of
color, economically disadvantaged people and all others who face discrimination in the health
care system; and
WHEREAS, the Dobbs decision will enable states to force women and girls, regardless
of age, who are victims of rape or incest to carry pregnancies to term, and to subject them to the
medical and other risks; and
WHEREAS, denying reproductive freedom can negatively impact the education, career,
financial future, health and safety of all who may become pregnant; and
WHEREAS, in 2022, the Colorado General Assembly adopted, and Governor Jared Polis
signed into law, HB22-1279, known as the Reproductive Health Equity Act, to provide statutory
protection for the right to abortion in Colorado; and
WHEREAS, other states surrounding Colorado are poised to enact or have already
enacted laws to restrict or deny abortions to women and girls, making Colorado a “safe haven”
state that will be impacted by an influx of out-of-state women and girls who are able to travel
here to exercise the right to terminate a pregnancy; and
WHEREAS, in light of the foregoing, the Council seeks to express its support for the
protection of reproductive rights and concern about the Dobbs decision and its expected effects;
and
WHEREAS, the Council further intends to take such steps as may be appropriate to
protect the Colorado law preserving abortion access in Colorado and support legislative actions
Packet Pg. 182
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advancing the rights of women and girls in Colorado and upholding all persons’ rights to
privacy, dignity and self-determination.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby adopts the determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby establishes as the legislative policy of the
City the support of legislative efforts consistent with the principles set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 183
Item # Page 1
AGENDA ITEM SUMMARY
Agenda Item 13A
July 5, 2022
City Council
STAFF
LeAnn Williams, Recreation Director
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 085, 2022, Making Supplemental Appropriations of Grant Funds from the
Pools Special Initiative 2022 Program.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate funding received from the Colorado Department of Local Affairs to
recruit and retain public swimming pool employees.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On June 21, 2022, Governor Polis announced the Pools Special Initiative 2022 program. On July 1, 2022, the
City received confirmation of a grant award in the amount of $12,500 for the recruitm ent and retention of public
swimming pool employees.
Grant funds will be spent on costs associated with the recruitment and retention of public swimming pool
employees. Eligible expenses include but are not limited to:
•Any expense related to the recruitment of public swimming pool employees such as marketing and
advertising, job board fees and referral bonuses; and
•Any expenses related to the retention of public swimming pool employees such as pay increases, signing
bonuses, fringe benefits, team building opportunities and employee appreciation expenses.
Grant funds are not to be used for utilities, pool supplies, pool equipment, furniture, maintenance expenses or
recruitment and retention for non-swimming pool employees.
The grants do not require the City to sign a post-award agreement. Funds must be fully spent by September
30, 2022, and the City will be required to report on how grant funds were spent, with a final report due October
31, 2022. All expenses are one-time and will not cause new expenses to be added to future City budgets.
There is no City match requirement. Grant funds expire September 30, 2022.
CITY FINANCIAL IMPACTS
City resources will be increased by $12,500 within the Recreation Fund. These funds will be received from the
State of Colorado and spent on the recruitment and retention of lifeguards.
Agenda Item
Item # Page 2
ATTACHMENTS
1. Award Letter (PDF)
2. Advance Payment Request (PDF)
3. Final Report Form (PDF)
June 29, 2022
Jeni Arndt, Mayor
City of Fort Collins
215 N. Mason St.
Fort Collins, CO 80524
RE: PSI-22-029 – City of Fort Collins - Pools Special Initiative 2022 - Grant Award and Next
Steps Agreement
Dear Mayor Arndt:
The Colorado Department of Local Affairs (DOLA) has reviewed your application for the Pools Special
Initiative 2022 (PSI) program, a State funded initiative. As DOLA’s Executive Director, I am pleased to
inform you of your award of $12,500.00. Your submitted application and this award letter serve as your
agreement with the State. Recipients of these funds do not require any additional contracts.
By accepting the funding, you as the PSI grantee are agreeing to spend the funds on recruitment and
retention efforts for public swimming pool employees within your jurisdiction and are agreeing to the
attached Terms & Conditions.
You must make two separate advance requests using DOLA’s online grants portal system to obtain your
grant funding:
●1st half - upon receipt of this agreement, and
●2nd half - upon fully expending and reporting on the 1st half.
The first advance request should be submitted as soon as possible after the Effective Date of this signed
award letter. The advance request form, as well as the report form, are included along with this grant
award letter agreement.
Thank you for your interest in the Pools Special Initiative 2022 program. Please contact your regional
manager with any questions.
Sincerely,
Rick M. Garcia
Executive Director
cc: LeAnn Williams, Responsible Administrator
Chris La May, DOLA Regional Manager
Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
ATTACHMENT 1
In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
______________________________________________
By: Beulah Messick, Controller Delegate
Effective Date:_______________________
CMS# 177146 VCUST# 14149 ADDR CN005 EFT DLG# 22-029
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
Pools Special Initiative 2022 - Grant Award
Terms & Conditions
1. Statutory Authority . C.R.S. 24-32-106(1)(c)
2. Funding Period: July 1, 2022 through September 30, 2022
3. Use of Funds
a.Grant funds will only be spent on costs associated with the recruitment and retention of
public swimming pool employees. Eligible expenses include but are not limited to:
■any expenses related to recruitment of public swimming pool employees such as
marketing and advertising, job board fees, referral bonuses;
■any expenses related to retention of public swimming pool employees such as to
pay increases, signing bonuses, fringe benefits, team building opportunities,
employee appreciation expenses.
b.Grantee counties, municipalities, and special districts understand that any grant funds
expended outside of the intent of this program must be returned to the Department of
Local Affairs within 30 days of the ruling by DOLA of improper fund use.
c.Grant funds expire September 30, 2022. Grantee counties, municipalities, and special
districts must not incur any expenses after September 30, 2022.
d.Ineligible expenses include but are not limited to: any expenses not related to recruitment
and retention of public swimming pool employees such as utilities, pool supplies, pool
equipment and furniture, maintenance expenses, recruitment and retention expenses for
non-swimming pool employees, training*, any expenses already accounted for in your
current budget.*for assistance with training costs, contact your local workforce center.
4. Documentation.Recipient shall retain documentation on all uses of the funds, including
invoices, receipts, data and financial records, and any other documentation that establishes
compliance for up to three (3) years after the final report is approved using PSI funds. Such
documentation shall be provided to DOLA or its duly authorized representatives upon request.
5. Monitoring.
a.DOLA or the State of Colorado reserves the right to initiate detailed monitoring or
auditing of any grantee at its sole discretion.
b.The review shall provide assurance that the information self-reported by Grantee is
accurate and complete, and identify unallowable or questionable expenditures for
follow-up. When concerns are noted during the review process, the Grantee shall provide
documentation of the expenditures or accounting practices to DOLA for verification.
c.Funds spent outside of the stated program intent must be returned to DOLA within 30
days of identification by DOLA of improper use.
6. Financial Reporting.
a.Recipient counties, municipalities, and special districts must provide DOLA with
itemized reports upon the complete expense of both (2) advance payments detailing how
grant funds were spent. Invoices and proof of payment must be provided to support the
expenditures.
b.Recipient counties, municipalities, and special districts must submit a final report upon
the completion of the project.
c.Any unspent funds must be returned to DOLA no later than October 31, 2022 and prior to
submitting the final report. Unspent funds will be deobligated by DOLA.
7.In the event of a conflict between the terms and conditions of the Grantee’s Application and the
terms and conditions of this award agreement letter, the terms and conditions of this award
agreement letter shall prevail.
Page 1
1
Pools Special Initiative 2022 Program
Advance Payment Request Form
This form will be used for two advance requests. Submittal instructions follow on page 3.
Local Government Name:
Amount Awarded: Agreement Number: PSI-22-___
Contact Name: Contact Title:
Phone: E-mail address:
1st ADVANCE REQUEST: POOLS SPECIAL INITIATIVE 2022
Step 1: Complete First Advance Request
This Section must be signed and submitted into the grants portal to receive Advance payments
on your grant award. The first request for one-half of your total award may be submitted
immediately upon receipt of an executed award agreement.
First Advance Request (½ of Amount
Awarded) $
Signature of Chief Elected Official, President, Executive Director or Responsible Administrator
_____________________________________________________________________________
Signature
_____________________________________________________________________________
Name and Title (printed)
________________________
Date of Signature
Step 2: Submit First Advance Request to the DOLA Grants Portal
Upload this signed form into the grants portal system. See last page for step-by-step instructions.
(NOTE: You cannot save your information in the grants portal UNTIL a document has been
uploaded. Have this one-page form completed, signed and scanned as a PDF prior to
ATTACHMENT 2
2
logging in to the grants portal to submit your First Advance request. The portal
system will time out after 20 minutes of inactivity.)
2nd ADVANCE REQUEST - INTERIM REPORT: POOLS SPECIAL INITIATIVE 2022
Local Government Name:
Amount Awarded: Agreement Number: PSI-22-___
Contact Name: Contact Title:
Phone: E-mail address:
Step 1: Complete Second Advance Request - Interim Report
Please provide a reconciliation below showing how your first advance funds were used. Attach
supporting documentation in a separate PDF showing expenditures and proof of payment.
Total Pools Special Initiative Funds Awarded $
Less First Advance $
Funds Expended: Staff Recruitment $
Funds Expended: Staff Retention $
Total Funds Expended to Date $
Second Advance Request Amount $
● We confirm the first advance amount has been fully expended and supporting documentation
has been provided showing proof of payment as part of this Second Advance Request.
Signature of Chief Elected Official, President, Executive Director or Responsible Administrator
_____________________________________________________________________________
Signature
_____________________________________________________________________________
Name and Title (printed)
________________________
3
Date of Signature
Step 2: Submit Second Advance Request & Backup to the DOLA Grants Portal
Upload this signed form into the grants portal system. See the last page for step-by-step
instructions.
(NOTE: You cannot save your information in the grants portal UNTIL a document has been
uploaded. Have this one-page form completed, signed and scanned as a PDF prior to
logging in to the grants portal to submit your Second Advance request and supporting
documentation. The portal system will time out after 20 minutes of inactivity.)
4
Instructions for uploading the signed document into the grants portal:
1. Log in to grants portal: https://dola.colorado.gov/grants_portal/
o First time users of the portal must select the "Don't have an account?" option to
create an account. Once you have created your account and logged in to the main
menu, you need to request access to your specific project to proceed.
o If you were NOT the person to submit the application, you will need to request
association with your project. On the Main menu, go to “Request Access to
Projects” and follow the prompts. The project number can be found in the award
letter. Once your association request has been submitted, you will be able to
access your project.
2. Select “Projects”
3. On the left side of the screen select the appropriate project under “Select a Project” so
that it appears in blue
4. On the right side of the screen select the second tab across the top labeled “Financial”
tab
5. Locate the tab at the bottom of the “Financial” tab labeled “Reports/Payments”
6. Select/click once on the contract so that it appears in blue
7. Select “+ Request Advance”
8. Complete the report as follows:
o “Period Start Date” and “Period End Date” = [enter today’s date for both]
(Cannot be prior to the execution of the award; cannot be a future date.)
o “Please report project activities undertaken or completed and project progress
during this reporting period.” = Advance payment request
9. Select “+ Add Expenditure”
10. Complete the expenditure as follows for the required (*) fields:
o “Service Start Date” = [enter today’s date]
o “Service End Date” = [enter today’s date]
o “Budget Item” = [select a budget line from the drop down menu]
o “Amount of Advance Request” = [enter amount]
11. Upload this SIGNED PDF document as the attachment for “Supporting Documentation”
12. Click “Save”
13. Select “Submit Report”
14. Select “Continue”
15. Check the box to “certify” data is correct
16. Select “Submit”
If you have any problems or need help making an advance request, please contact your DOLA
regional team for further assistance.
Page 1 of 4
Pools Special Initiative 2022 Program
FINAL REPORT FORM
Questions: contact your DOLA Regional Team
Complete the report narrative with details as outlined below – OR – complete your own
spreadsheet with the same information. Final reports must include supporting
documentation for all expenditures and proof of payments made from the interim report
date to the date of the final report. DO NOT provide any proprietary or personal
information about any employees that received funds.
Local Government Name:
Agreement Number: PSI-22-___ Contact Name:
Amount Awarded: Contact Title:
Amount Expended: Phone:
Ending Balance to be returned
to DOLA*: E-mail address:
*Any unspent funds must be returned to DOLA prior to submitting this final report. See instructions
on page 3 for the process to return funds.
1.) Funds used for employee recruitment efforts and the specific purpose of how those funds were
used.
Amount of Funds Used
for Staff Recruitment
Specify how the funds were spent
2.) Funds used for employee retention efforts and the specific purpose of how those funds were
used. (DO NOT provide any personal or proprietary details of any employee).
Amount of Funds Used Specify how the funds were spent
ATTACHMENT 3
Page 2 of 4
for Staff Retention
3.) Explain how these grant funds were used. Detail how swimming pool opening hours were
expanded, how many staff were hired, pools were opened, how many staff were retained, etc.
4.) Provide detail around successes and failures related to this special initiative including any
suggestions.
● I certify the information contained in this report is true and accurate to the best of my
knowledge.
Signature of Chief Elected Official, President, Executive Director or Responsible Administrator
_____________________________________________________________________________
Signature
_____________________________________________________________________________
Name and Title (printed)
________________________
Date of Signature
Page 3 of 4
ANY UNSPENT FUNDS MUST BE RETURNED TO DOLA NO LATER THAN October 31, 2022
Unspent Funds:
All expenditures must be incurred by September 30, 2022. As stated in the award agreement, any
funds not spent by the specific spend-by date(s) must be returned to the Department of Local
Affairs.
Your current grant cannot be closed out in the grant portal until all unspent funds have been
returned and received by the Department of Local Affairs. Unspent funds must be returned prior to
submitting the final report.
Please follow the steps below to expedite the process:
1. Determine the amount of funds that your local government will be returning.
2. Make a check out to the: Department of Local Affairs.
3. Mail check to:
DOLA
ATTN: Pools Special Initiative 2022
1313 Sherman St., Room 521
Denver, CO 80203
4. Allow a few days for DOLA to post the refund check to the grants portal. The returned funds
will show as the de-obligation amount once it is posted.
Page 4 of 4
FINAL REPORT MUST BE SUBMITTED IN THE GRANTS PORTAL NO LATER THAN November 15, 2022
Reporting instructions for DOLA grants portal:
1. Login to grants portal: https://dola.colorado.gov/grants_portal/
● First time users of the portal must select the “Don’t have an account?” option to
create an account. Once you have created your account and logged in to the main
menu, you need to request access to your specific project to proceed.
● If you were NOT the person to submit the application, you will need to request
association with your project. On the Main menu, go to “Request Access to Projects”
and follow the prompts. The project number can be found in the award agreement.
Once your association request has been submitted, you will be able to access your
project.
2. Select “Projects”
3. On the left side of the screen select the appropriate project under “Select a Project” so that
it appears in blue
4. On the right side of the screen select the second tab across the top labeled “Financial” tab
5. Locate the tab at the bottom of the “Financial” tab labeled “Reports/Payments”
6. Select/click once on the contract so that it appears in blue
7. Select “+ Add Report” and complete as follows:
● “Period Start Date” and “Period End Date” = [enter the proper “Report Period”
listed below]
● “Is this the final request for the current contract?"
● NO = Select NO if this is not your final request and will be submitting additional
reports through the grants portal by due dates listed above.
● YES = Select YES if you have spent all of your awarded funds, or have returned all
unspent funds as described on page 3, as you will not be required to submit additional
reports. This option will lock your project and close the contract.
● “Please report project activities undertaken or completed and project progress during
this period.” = Recruitment and Retention activities during the grant period.
8. Select the “Documents (Optional)” tab
9. Select + Add Documents” tab
● “Describe the reason/purpose of document you are uploading” = Final report
10. Select the “Current Request “(Optional)” tab
11. Click “Save”> click “Submit Report”> click “Continue”
12. Check the box to “certify” data is correct > click “Submit
If you have any problems or need help submitting this final report, please contact your Regional
Team for further assistance.
-1-
ORDINANCE NO. 085, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF GRANT FUNDS FROM THE POOLS
SPECIAL INITIATIVE 2022 PROGRAM
WHEREAS, on June 21, 2022, Governor Polis announced the Pools Special Initiative
2022 program for local governments to support the operations of public swimming pools across
the state for the 2022 summer season; and
WHEREAS, this one-time grant program, administered by the Colorado Department of
Local Affairs (“DOLA”) is intended to provide incentives to attract and retain public swimming
pool employees through the summer and ensure adequate staffing levels that will allow
swimming pools to be open at maximum capacity; and
WHEREAS, On July 1, 2022, the City received confirmation from DOLA that it would
receive a grant in the amount of $12,500; and
WHEREAS, the City’s application and the DOLA award letter constitute the grant
agreement; and
WHEREAS, these funds must be appropriated promptly so that they can be spent on the
recruitment and retention of lifeguards during the funding period, which runs from July 1, 2022
through September 30, 2022; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of ensuring that City pools can maintain
adequate staffing levels to stay open during the summer; 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
Recreation Fund and will not cause the total amount appropriated in the Recreation 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.
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
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
-2-
WHEREAS, the City Council wishes to designate the appropriation herein for the Pools
Special Initiative 2022 grant 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
Recreation Fund the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500) to
be expended for the recruitment and retention of lifeguards.
Section 3. That the appropriation herein for the Pools Special Initiative 2022 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 5th day of
July, A.D. 2022, and to be presented for final passage on the 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
July 5, 2022
Homelessness
Brittany Depew, Homelessness Lead Specialist, Social Sustainability
John J. Feyen, Assistant Chief, Special Operations Division
STAFF INFORMATION REPORT K.A
Packet Pg. 184 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Strategic Alignment
2
1.2 Collaborate to leverage community partners’ expertise in
addressing priority human service issues like poverty and mental
health, and to make homelessness rare, brief and non-recurring.
5.7 Reduce incidents of, and impacts from, disruptive and unwanted
behaviors through working closely with the community ’s human service
providers to offer creative approaches that balance compassion and
consequences.
K.A
Packet Pg. 185 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Problem Identification
3
K.A
Packet Pg. 186 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Engagement, Education, & Enforcement
•Focused on Blue Spruce between
Conifer & Willox, Bristlecone, &
Red Cedar Circle.
•Coordinated event with Natural
Areas, Sustainability, OFC, FCRM,
Catholic Charities, & Homeward
Alliance.
•Notifications started on June 18th &
continued through June 20th.
4
K.A
Packet Pg. 187 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Results
•6 citations issued
•2 for obstructing a roadway
•4 for parking violations
•13 vehicles tagged as abandoned
•9 individual encampments in the
area
•~10 yds3 of waste*
•4 shopping carts*
•3 bicycles*
•4 vehicle tires & 10 bicycle tires*
*This total also reflects items collected at other encampments outside the Blue Spruce area.
5
K.A
Packet Pg. 188 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Collaborative Response
City & Partner Roles
•Council Priority
•Funding, Policy, Convening
•Direct Service
Homelessness Prevention
•Upstream response
•Housing availability and affordability
People with Lived Experience of Homelessness
•Experts to help drive solutions and change
Neighborhood Response
•North Fort Collins
•Library Park
System Impacts:
Inconsistent Shelter
Options and
Av ailability Impact
Housed and
Unhoused Residents
6
K.A
Packet Pg. 189 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Shorter-and Mid-Te rm Solutions
Bridge Shelter
Safe Parking / Safe Camping Sites
Hotel / Motel Renovation for Non-Congregate Shelter
Increased Funding for Case Management and Rapid Rehousing
Major Consideration: Identification of Available Space and Operator
7
K.A
Packet Pg. 190 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Building Capacity & Long-Te rm Response
Root Cause: Lack of Housing Resources Across the Spectrum of Need
•Shelter is not a housing solution
•Increased network of landlords
Land Use Code updates
Multi-System Failures Require Cross-Sector Solutions
Housing First
•Best practice for permanent housing
Future 24/7 Shelter
8
K.A
Packet Pg. 191 Attachment: Staff Report - Homelessness 7.5.22 (11759 : Staff Report: Camping)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 079, 2022, Amending Chapter 7 of the Co de of the City of Fort Collins to
Clarify, Revise and Strengthen Restrictions and Requirements for Campaign Finance in City Elections.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 4 -3 (Nays: Francis, Peel, Pignataro),
considers amendments to Chapter 7 of City Code related to clarifying, revising and strengthening restrictions
and requirements for campaign finance in City elections. Based on the discussion at First Reading, potential
amendments to the proposed ordinance have been prepared to address the issues outlined during
deliberations. Councilmembers may choose to make one or more of these amendments to the proposed
ordinance before potentially adopting the ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Following First Reading, the Election Code Committee discussed some potential amendments to the language
approved on first reading. The Committee agreed conceptually on four areas to pr ovide updated language that
could be moved by a Councilmember and voted on by the Council at second reading if desired. These four
areas include:
Amendment 1: (volunteer services excluded from “contribution” unless paid by someone)
On page 2 of the Ordinance, revise definition of “contribution” where exclusions are stated, to add and delete
language in (1) as follows:
Contribution shall not include:
(1) Services provided without compensation by an individuala natural person volunteering their personal
time on behalf of a candidate, candidate committee, political committee, issue committee or small -scale issue
committee, unless such individual is providing professional services for which a fee would commonly be paid ;
. . .
Amendment 2: (refining definition of mailing lists excluded from “contribution”)
On page 2 of the Ordinance, revise definition of “contribution” where exclusions are stated, to add and delete
language in (2) as follows:
Contribution shall not include:
N.14
Packet Pg. 192
Agenda Item 14
Item # 14 Page 2
. . .
(2) Mailing lists that were not developed primarily for sale, have never been sold or offered for sale, were
not produced by an employee or contractor (other than an employee of the recipient), and do not incorporate
mailing lists that themselves would constitute a contribution;
. . .
Amendment 3: (add a requirement that candidates, candidate committees and political committees obtain
certifications of value for all purchases and contributions and establishing a violation for a false certification):
• On page 6 of the Ordinance, add a new subsection (k) to Code Section 7-135, to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
. . .
(k) A candidate, candidate committee or political committee shall obtain from each seller a certification of
full fair market value for any purchased goods or services and from the contributor for any goods or services that
constitute a contribution or contribution in kind. Any seller or contributor asked to provide a certification of
value shall provide to the candidate, candidate committee or political committee a correct and undiscounted
statement of value. Certification of value documentation shall be provided by a candidate, candidate committee
or political committee to the City Clerk, or other appropriate City official responsible f or investigating or
reviewing compliance, upon request.
• And, on page 10 of the Ordinance, revise Code Section 7-144(b)(1) to read as follows:
(b) Any person who undertakes any of the following commits a misdemeanor and is subject to a fine or
imprisonment in accordance with § 1-15:
(1) Knowingly violates § 7-135(e), (i), or (j), or (k), with the intent to circumvent the restrictions of § 7-
135.
. . .
Amendment 4: (eliminate requirement that a civil violation be “knowing”)
On page 9 of the Ordinance, revise the initial sentence as follows:
Sec. 7-143. Violations and penalties.
(a) Except as provided in Subparagraph (b) herein, any person who knowingly violates or fails to comply with
the provisions of this Article as set forth in the following schedule comm its a civil infraction and is subject
to a civil penalty as follows:
ATTACHMENTS
1. First Reading Agend Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Powerpoint Presentation (PDF)
3. Ordinance No. 079, 2022 (PDF)
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Packet Pg. 193
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 079, 2022, Amending Chapter 7 of the Code of the City of Fort Collins to
Clarify, Revise and Strengthen Restrictions and Requirements for Campaign Finance in City Elections.
EXECUTIVE SUMMARY
The purpose of this item is to consider amendments to Chapter 7 of City Code related to clarifying, revising and
strengthening restrictions and requirements for campaign finance in City elections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Election Code Committee has considered shifts to campaign finance provisions in the City Code. The
objectives the committee has identified in this work include ensuring a high level of transparency and timely
reporting regarding campaign activities.
An outline of the proposed amendments follows:
1.Require registration as a campaign committee (and compliance with all related requirements) by persons
making total independent expenditures of $2,500 or more on an issue or for candidates;
2.Require registration as a campaign committee (and compliance with all related requirements) by persons
who take steps in furtherance of an intent to accept contributions or contributions in kind to support or oppose
any ballot issue or question, or to support or oppose one or more candidates;
3.Modify the threshold for reporting of independent expenditures to match with threshold for registration of a
small-scale issue committee ($250) and modify threshold for conversion of a small-scale issue committee to
the same threshold as triggers registration by those making independent expenditures ($2,500);
4.Clarify that various limits and reporting requirements include all contributions in kind as well as cash
contributions;
5.Update definition of contributions in kind to clarify that a reasonable estimate of value based on market prices
or other similar information is required;
6.Modify the definition of contribution to clarify that provision of professional services for which a fee would
commonly be paid would be considered a contribution;
7.Modify the definition of contribution to make clear that providing a mailing list that is available for sale at no
charge or reduced charge is a contribution, but to exclude from the definition of contribution mailing lists that
have never been sold or offered for sale;
ATTACHMENT 1 N.14.1
Packet Pg. 194 Attachment: First Reading Agend Item Summary, June 21, 2022 (w/o attachments) (11767 : SR 079 Campaign Finance)
Agenda Item 19
Item # 19 Page 2
8. Clarify language prohibiting committees from assisting or supporting each other;
9. Prohibit any person from knowingly receiving a campaign contribution prohibited by the Charter;
10. Update requirement for the campaign bank account;
11. Clarify references to time periods for reporting and retention of records;
12. Require that committee reports include cumulative totals as well as amounts for the particular reporting
period;
13. Clarify the penalty for a violation of Code Section 7-133 about filing candidate affidavit and disclosure
statement (penalty is disqualification);
14. Make certain contribution violations (Section 7-135(e), (i) or (j)) as criminal offenses rather than civil
infractions;
15. Require that any election complaints filed under these provisions be posted on the City’s website;
16. Increase the time for curing a violation in response to a complaint from seven days to ten days; and
17. Various editing changes to improve clarity of existing provisions.
CITY FINANCIAL IMPACTS
These shifts overall decrease the threshold for required filings by campaign committees, likely increasing the
rate of filings overall. In the last few years, several additional provisions relating to campaigns and campaign
finance have been added to the Code, leading to an increase in workload to process and timely post reports.
Additional staff capacity is needed to be able to effectively meet the demands of the Code. The number of reports
required under City Code is significantly higher than what is required for jurisdictions following state law, to meet
the objectives for transparency and timely reporting. This requires additional staff time, primarily focused during
an election, all performed by the Clerk’s Office staff, none of whom perform election work as a primary function
of their roles.
PUBLIC OUTREACH
Meetings of the Election Code Committee are posted on the City’s website in advance of each meeting date.
This topic was discussed at several Election Code Committee meetings in 2021 and 2022 in preparation for
these proposed changes. Several members of the community provided input at the meetings and via written
comments about the changes. (Attachments 1-5)
ATTACHMENTS
1. Election Code Committee Minutes, September 2021 (PDF)
2. Election Code Committee Minutes, March 7, 2022 (PDF)
3. Election Code Committee Minutes, March 21, 2022 (PDF)
4. Election Code Committee Minutes, May 9, 2022 (PDF)
5. Election Code Committee Minutes, May 31, 2022 (draft) (PDF)
6. Powerpoint Presentation (PDF)
N.14.1
Packet Pg. 195 Attachment: First Reading Agend Item Summary, June 21, 2022 (w/o attachments) (11767 : SR 079 Campaign Finance)
Campaign Finance
Amendments
07-05-2022
Anissa Hollingshead
City Clerk
Rita Knoll
Chief Deputy Clerk
ATTACHMENT 2 N.14.2
Packet Pg. 196 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
2How Municipal Elections are Governed in Fort Collins
Fort Collins Code of Ordinances
Chapter 7 Elections, Article V Campaigns
•Article V prescribes provisions for campaigns and
campaign finance provisions to be followed by municipal
candidates in Fort Collins
N.14.2
Packet Pg. 197 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
Changes Discussed Following First Reading
Potential Amendment 1: Volunteer Services excluded from
“Contribution” unless paid by someone
On page 2 of the Ordinance, revise definition of “contribution” where
exclusions are stated, to add and delete language in (1) as follows:
Contribution shall not include:
(1)Services provided without compensation by an
individuala natural person volunteering their personal time
on behalf of a candidate,candidate committee,political
committee,issue committee or small-scale issue
committee,unless such individual is providing
professional services for which a fee would commonly be
paid;
3
This Photo by Unknown Author is licensed under CC BY-SA
N.14.2
Packet Pg. 198 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
4Changes Discussed Following First Reading
Potential Amendment 2: Refining definition of mailing lists excluded from “contribution”
On page 2 of the Ordinance, revise definition of “contribution” where exclusions are stated, to add and
delete language in (2) as follows:
Contribution shall not include:
...
(2)Mailing lists that were not developed primarily for sale,have
never been sold or offered for sale,were not produced by an
employee or contractor (other than an employee of the recipient),
and do not incorporate mailing lists that themselves would
constitute a contribution;
N.14.2
Packet Pg. 199 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
5Changes Discussed Following First Reading
Potential Amendment 3: Ad d a requirement that candidates, candidate committees, and
political committees obtain certifications of value for all purchases and contributions and
establishing a violation for a false certification
On page 6 of the Ordinance, add a new subsection (k) to Code Section 7-135, to read as follows:
Sec.7-135.Campaign contributions/expenditures.
(k)A c andidate, candidate committee or political committee shall obtain from each seller a certification of full fair
market value for any purchased goods or services and from the contributor for any goods or services that constitute a
contribution or contribution in kind. Any seller or contributor asked to provide a certification of value shall provide to
the candidate, candidate committee or political committee a correct and undiscounted statement of value. Certification
of value documentation shall be provided by a candidate, candidate committee or political committee to the City Clerk,
or other appropriate City official responsible for investigating or reviewing compliance, upon request.
--And, on page 10 of the Ordinance, revise Code Section 7-144(b)(1) to read as follows:
(b)Any person who undertakes any of the following commits a misdemeanor and is subject to a fine or imprisonment
in accordance with §1-15:
(1)Knowingly violates §7-135(e),(i),or (j),or (k),with the intent to circumvent the restrictions of §7-135.
N.14.2
Packet Pg. 200 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
6Changes Discussed Following First Reading
Potential Amendment 4: Eliminate requirement that a civil violation be knowing
On page 9 of the Ordinance, revise the initial sentence as follows:
Sec.7-143.Vi olations and penalties.
(a)Except as provided in Subparagraph (b)herein,any person who
knowingly violates or fails to comply with the provisions of this Article as
set forth in the following schedule commits a civil infraction and is subject
to a civil penalty as follows:
N.14.2
Packet Pg. 201 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
For Questions or Comments, Please Contact:
THANK YOU!
Anissa Hollingshead, City Clerk
ahollingshead@fcgov.com 970-416-2995
N.14.2
Packet Pg. 202 Attachment: Powerpoint Presentation (11767 : SR 079 Campaign Finance)
-1-
ORDINANCE NO. 079, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY, REVISE AND STRENGTHEN
RESTRICTIONS AND REQUIREMENTS
FOR CAMPAIGN FINANCE IN CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee to review, discuss and
recommend the most beneficial changes to the Code and City Charter regarding elections and other
related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of Council for the purpose of identifying and evaluating ideas for improvements to City election
laws and practices and anticipating adjustments that may be needed to adapt to a changing legal
and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045,
2018, Ordinance No. 077, 2018, and Ordinance No. 113, 2018, Ordinance No. 109, 2020, and
Ordinance No. 112, 2020, were considered and adopted by the Council to update various
provisions of Chapter 7; and
WHEREAS, the Committee has continued to meet and has recommended additional
clarifications and amendments to Chapter 7 requiring that persons making independent
expenditures of $2,500 or more, and persons who take actions in furtherance of an intent to accept
contributions or make expenditures, register as a campaign committee; and
WHEREAS, the Committee has also recommended amendments updating the thresholds
for reporting independent expenditures and for converting a small-scale issues committee to a full
committee registration; and
WHEREAS, the Committee has recommended clarification of how the campaign
restrictions and requirements apply to contributions in kind and has recommended modifications
to the definitions of contribution and contribution in kind; and
WHEREAS, in addition, the Committee has recommended that any person be prohibited
from knowingly receiving a contribution prohibited by the Charter, that any election complaints
filed under these provisions be posted on the City’s website, and that the time for curing a violation
in response to a complaint be increased from seven days to ten days; and
WHEREAS, these amendments generally improve and clarify the City’s campaign finance
disclosure and election requirements and processes; and
N.14.3
Packet Pg. 203 Attachment: Ordinance No. 079, 2022 (11767 : SR 079 Campaign Finance)
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WHEREAS, these amendments further the City’s and the public’s interest in shedding light
for the public on the expenditure of money to influence the outcome of City elections, while
respecting the speaker’s interest in freedom of political speech; and
WHEREAS, the Council desires to enact the recommendations of the Committee and staff
to clarify and improve the various provisions of Chapter 7, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-132. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Contribution shall mean:
. . .
(4) With regard to a contribution for which the contributor receives compensation or
consideration of less than equivalent value to such contribution, including, but not limited to, items
of perishable or nonpermanent value, goods, supplies, services or participation in a campaign-
related event, mailing lists and other similar items of value, the amount equal to the value in excess
of the amount of such compensation or consideration as reasonably determined by the candidate
committee, issue committee or political committee based on market prices or other similar
information.
Contribution shall not include:
(1) Services provided without compensation by an individual volunteering their time on behalf
of a candidate, candidate committee, political committee, issue committee or small-scale issue
committee, unless such individual is providing professional services for which a fee would
commonly be paid;
(2) Mailing lists that have never been sold or offered for sale;
(3) Funds collected subsequent to the election to pay the cost of a requested recount pursuant
to 7-46.
. . .
Contribution in kind shall not include an endorsement of a candidate or an issue by any person.
N.14.3
Packet Pg. 204 Attachment: Ordinance No. 079, 2022 (11767 : SR 079 Campaign Finance)
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. . .
Independent expenditure shall mean the payment of money by any person for the purpose of
advocating the election, defeat or recall of a candidate, which expenditure is not controlled by, or
coordinated with, any candidate or any agent of such candidate. Independent expenditure shall
include expenditures for political messages which unambiguously refer to any specific public
office or candidate for such office. Independent expenditure shall also include the payment of
money by any person for supporting or opposing a ballot issue or ballot question that is not
controlled by, or coordinated with, an issue committee or a small-scale issue committee.
Independent expenditure shall include, but not be limited to, advertisements placed for a fee on
another person's website or advertisement space provided for no fee or a reduced fee where a fee
ordinarily would have been charged.
. . .
Issue committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated
themselves, and that take steps in furtherance of an intent to accept contributions or contributions
in kind, or make expenditures, to support or oppose any ballot issue or ballot question; or
(2) Any person that takes steps in furtherance of an intent to accept contributions or
contributions in kind for the purpose of supporting or opposing any ballot issue or ballot question;
or
(3) Any person or associated persons upon making independent expenditures of two thousand
five hundred dollars ($2,500) or more for the purpose of supporting or opposing any ballot issue
or ballot question.
. . .
Political committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated
themselves, and that take steps in furtherance of an intent to accept contributions, or contributions
in kind, or make expenditures to support or oppose one (1) or more candidates; or
(2) Any person that takes steps in furtherance of an intent to accept contributions or
contributions in kind for the purpose of supporting or opposing one (1) or more candidates; or
(3) Any person or associated persons upon making independent expenditures of two thousand
five hundred dollars ($2,500) or more for the purpose of supporting or opposing one (1) or more
candidates.
. . .
Small-scale issue committee means a committee otherwise meeting the definition of issue
committee that has accepted contributions, contributions in kind or expenditures in an amount that
does not exceed two thousand five hundred dollars ($2,500.) during an applicable election cycle
for the major purpose of supporting or opposing any ballot issue or ballot question.
The following are each treated as a single small-scale issue committee:
a. A small-scale issue committee that supports or opposes a common ballot measure if the
committee is established, financed, or controlled by a single corporation or its subsidiaries;
N.14.3
Packet Pg. 205 Attachment: Ordinance No. 079, 2022 (11767 : SR 079 Campaign Finance)
-4-
b. A small-scale issue committee that supports or opposes a common ballot measure if the
committee is established, financed, maintained, or controlled by a single labor organization or the
affiliated local units it directs; and
c. A small-scale issue committee that supports or opposes a common ballot measure if the
committee is established, financed, maintained, or controlled by substantially the same person,
group of persons, or other organizations.
. . .
Section 3. That Section 7-134 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-134. Registration of committees; termination.
(a) All candidate committees, political committees and issue committees shall register with the
City Clerk before accepting any contributions or contributions in kind or making any
expenditures. Registration must be on a form provided by the City Clerk and must include
the following, together with any other information required to complete the registration form.
. . .
(7) The name and address of the financial institution in which all contributions received by
the committee are deposited in a separate account bearing, in the case of a candidate
committee, the name of the candidate, or in the case of a political or issue committee,
the name of the person authorized to act as the registered agent for the committee, and
documentation of such account reasonably satisfactory to the City Clerk; and
. . .
Section 4. That Section 7-135 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
(a) Limits.
(1) No person may make contributions and/or contributions in kind totaling more than one
hundred dollars ($100.) to the candidate committee of any candidate for the office of
Mayor. No person may make contributions and/or contributions in kind totaling more
than seventy-five dollars ($75.) to the candidate committee of any candidate for the
office of Councilmember. These limitations shall apply to all contributions or
contributions in kind, whether made directly to a candidate committee or indirectly via
earmarked gifts passed through an intermediary, except that these limitations shall not
apply to:
. . .
d. Contributions made to a candidate committee by another candidate committee
established by the same individual as a candidate for the office of Mayor or
Councilmember.
. . .
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(c) Joint contributions. No person shall make a contribution jointly with another person through
the issuance of a check drawn on a jointly owned account unless: (i) the total amount of the
joint contribution is less than the maximum amount that can be contributed by one (1) person
under the contribution limits established in Subsection (a) of this Section or (ii) the check is
signed by all owners of the account, in which event the amount of the total contribution shall
be allocated equally among all such persons unless a different allocation is specified on the
face of the check. No candidate committee shall knowingly accept a contribution made in
violation of this Subsection (c).
(d) Contributions in excess of limits. No later than ten (10) business days after receiving a
contribution or contribution in kind in excess of the limits set forth in this Section, the
committee that received the contribution shall remit the excess to the contributor or pay to the
contributor the value of the contribution in kind.
(e) No candidate committee, issue committee, small-scale issue committee or political committee
shall knowingly accept contributions or contributions in kind from any person who is not a
citizen of the United States, from a foreign government or from any foreign corporation that
does not have authority to transact business in this State pursuant to Article 115 of Title 7,
C.R.S., or who is prohibited from contributing pursuant to the Charter of the City of Fort
Collins or this Article.
(f) No issue committee, small-scale issue committee or political committee shall make a
contribution or contribution in kind to any other committee or to any candidate.
. . .
(h) Recordkeeping.
(1) All contributions and contributions in kind received by a candidate committee, small-
scale issue committee, issue committee or political committee shall be documented and
deposited and maintained in a financial institution in a separate account that complies
with Subsection 7-134(a)(7). Following any election in which the committee received
contributions, the committee shall maintain all records pertaining to contributions and
related accounts for one (1) year following the date the final disclosure report is due
under Section 7-136 or the date the committee terminates, whichever is later, unless a
complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions
of this Article, or the person or committee has received notice of an investigation or
prosecution of a violation of this Article by the City or other law enforcement authority,
in which case they shall be maintained until final disposition of the complaint and any
consequent court proceedings. Such records shall be subject to inspection in connection
with any investigation or other action to enforce the terms of this Article.
(2) Following any election in which the committee made any expenditure, the committee
shall document all expenditures and shall maintain all records pertaining to said
expenditures, including but not limited to invoices, receipts, instruments of payment, and
copies of any public communications produced as a result of the expenditure, for one (1)
year following the date the final disclosure report is due under Section 7-136 or the date
the committee terminates, whichever is later, unless a complaint has been filed under
Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person
or committee has received notice of an investigation or prosecution of a violation of this
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Article by the City or other law enforcement authority, in which case they shall be
maintained until final disposition of the complaint and any consequent court
proceedings. Documentation shall include the name and address of the vendor(s) or
payee(s) providing the property, materials, or services and the amount of the
expenditure. Such records shall be made available within three (3) business days upon
request of the City and subject to inspection in connection with any investigation or other
action to enforce the terms of this Article.
(i) Reimbursements prohibited. No person shall make a contribution or contribution in kind to a
candidate committee, issue committee, small-scale issue committee or political committee
with the expectation that some or all of the amounts of such contribution will be reimbursed
by another person. No person shall be reimbursed for a contribution or contribution in kind
made to any candidate committee, issue committee, small-scale issue committee or political
committee, nor shall any person make such reimbursement. An unexpended campaign
contribution returned to a contributor or compensation for a contribution in kind by a
committee pursuant to § 7-135(c) shall not be considered a reimbursement.
(j) A candidate committee, issue committee, small-scale issue committee or political committee
shall not coordinate its expenditures or activities with, or share information with, any other
committee and shall not conduct its campaign activities in a manner that has the effect of
circumventing any restrictions or limitations on campaign contributions, expenditures or
reporting set forth in this Article.
Section 5. That Section 7-136 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. Disclosure; filing of reports.
. . .
(b) For purposes of complying with the requirements of this Section, an issue committee, political
committee or small-scale issue committee consisting of an organization whose primary
purpose is not to support or oppose ballot issues or candidates shall report only those
contributions and contributions in kind accepted, expenditures made and obligations entered
into for the purpose of supporting or opposing a ballot issue or ballot question or candidate.
Such committee shall not be required to report donations, membership dues or any other
payments received and for non-election purposes except to the extent such amounts are used
or set aside to be used for the purpose of supporting or opposing a ballot issue or ballot
question or candidate.
. . .
(d) The reports required by this Section shall include the balance of funds at the beginning of the
reporting period, the total of contributions and contributions in kind received, and the total of
expenditures made during the reporting period. The reports shall also include cumulative
totals of contributions and contributions in kind received and a cumulative total of
expenditures made by the committee during the election cycle.
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(e) All reports shall be submitted on forms provided by the City Clerk and shall be complete and
correct in all respects. Reports shall be current in all respects as of two (2) days prior to the
date upon which each such report is to be filed.
(f) A report required to be filed by this Section is timely if the report is filed electronically not
later than midnight Mountain Standard Time on the date due. Notwithstanding the foregoing,
the report that is due by noon on the Friday before the election must be filed by noon
regardless of the manner of filing.
. . .
(i) Except as specified in this Subparagraph (i), the disclosure requirements specified in this
Section shall not apply to a small-scale issue committee. To the extent there is any conflict
between the small-scale issue committee provisions of Subparagraphs (i), (j), (k), and (l) of
this Section 7-136, those Subparagraphs shall control. Any small-scale issue committee shall
disclose or file reports about the contributions, contributions in kind or expenditures it has
made or received or otherwise register as an issue committee in connection with accepting or
making such contributions or expenditures in accordance with the following alternative
requirements:
(1) Any small-scale issue committee that accepts contributions or contributions in kind or
makes expenditures in an aggregate amount during any applicable election cycle that
does not exceed two hundred fifty dollars ($250.) is not required to disclose or file
reports about the contributions, contributions in kind or expenditures it has made or
received or otherwise register as an issue committee in connection with accepting such
contributions or contributions in kind or making such expenditures.
(2) Any small-scale issue committee that accepts contributions or contributions in kind or
makes expenditures in an aggregate amount during any applicable election cycle of
between two hundred fifty dollars ($250.) and two thousand five hundred dollars
($2,500.) shall register with the City Clerk within ten (10) business days of the date on
which the aggregate amount of contributions or expenditures exceeds two hundred fifty
dollars ($250.). The registration required by this subparagraph must be on a form
provided by the City Clerk and must include the following, together with any other
information required to complete the registration form:
. . .
(j) Except as required by Subsection 7-135(f)(2), no small-scale issue committee described in
subsection (i)(2) is required under this Article to disclose or report any contributions,
contributions in kind or expenditures it has made or received, so long as it continues to meet
the definition of small-scale issue committee.
(k) Within seven (7) days of the date on which a small-scale issue committee accepts
contributions or contributions in kind or makes expenditures in an aggregate amount during
any applicable election cycle that exceeds two thousand five hundred dollars ($2,500.), the
committee shall:
(1) through its registered agent, report this change in the committee's status to the City Clerk;
and
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(2) report to the City Clerk on an approved form, for each particular contribution,
contribution in kind or expenditure accepted or made, the name and address of each
person who has made such contribution or contribution in kind and the amount of each
specific contribution, contribution in kind and expenditure accepted or made by the
committee.
(l) Once any issue committee that began as a small-scale issue committee accepts contributions
or contributions in kind or makes expenditures in an aggregate amount during any applicable
election cycle that exceeds two thousand five hundred dollars ($2,500.), the committee shall
from that point forward make disclosure of any contributions, contributions in kind or
expenditures it accepts or makes not already reported under Subparagraph (k) and comply
with all requirements under this Article applicable to issue committees.
. . .
Section 6. That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-139. Independent expenditures.
(a) Any person, excluding a committee required to register under this Article, who makes
independent expenditures in connection with any particular ballot totaling in the aggregate
more than two hundred fifty dollars ($250.) shall report any such independent expenditures
made after that threshold is met to the City Clerk on a form provided by the City Clerk no
later than three (3) business days after the day that funds are obligated to pay for said
independent expenditure. Said notice shall include the following information, together with
any other information required by the City Clerk:
(1) The name, address and telephone number of the person making the independent
expenditures;
(2) The name of the candidate whom the independent expenditures are intended to support
or oppose;
(3) The name and address of the vendor(s) providing the property, materials or services;
(4) A detailed description of the independent expenditures sufficient to allow for
determination of compliance with this section;
(5) The amount of the independent expenditures;
(6) The date the funds were obligated; and
(7) Copies of receipts, invoices, or other documentation related to the independent
expenditure.
(b) For the purposes of this provision, funds shall be considered to have been obligated as soon
as an agreement is reached for the provision of the property, materials or services in question,
regardless of when payment is to be made for such property or services.
(c) All independent expenditures shall be documented and all records pertaining to independent
expenditures, including but not limited to invoices, receipts, instruments of payment, and
copies of any public communications produced as a result of the expenditure, shall be
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maintained for one (1) year following any election in which the funds were expended unless
a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions
of this Article, or the person or committee has received notice of an investigation or
prosecution of a violation of this Article by the City or other law enforcement authority, in
which case they shall be maintained until final disposition of the complaint and any
consequent court proceedings. Such records shall be made available within three (3) business
days upon request of the City and subject to inspection in connection with any hearing held
pursuant to this Article.
(d) Any person or persons, excluding a committee otherwise required to register under this
Article, who makes or make independent expenditures in connection with any particular City
election (including either candidate races or ballot questions or issues) totaling in the
aggregate two thousand five hundred dollars ($2,500) or more, shall register as an issue
committee or political committee, as applicable, within three (3) business days of having
made expenditures in excess of such threshold. The initial report of any such committee
shall provide the dates of any reports of independent expenditures previously made and the
source of funds for said previously reported expenditures.
Section 7. That Section 7-141 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-141. Expenditures for political advertising; rates and charges.
(a) No committee shall pay to any radio or television station, newspaper, periodical, internet
advertiser or website provider, social media provider or other supplier of materials or services
a higher charge than that normally required for local commercial customers for comparable
use of space, materials or services. Any such rate shall not be rebated, directly or indirectly.
(b) Any radio or television station, newspaper, internet advertiser or website provider, social
media provider or periodical that charges a committee a lower rate for use of space, materials
or services than the rate such station, newspaper, internet advertiser or website provider,
social media provider or periodical or supplier charges another issue committee or candidate
committee for the same ballot measure or public office for comparable use of space, materials
or services shall report the difference in such rate as a contribution to the committee that is
charged such lower rate. A person who receives a discounted rate as described herein shall
be deemed to have received a contribution and to meet the definition of political committee,
issue committee or small-scale issue committee, as applicable, and must comply with the
related requirements.
. . .
Section 8. That Section 7-143 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-143. Violations and penalties.
(a) Except as provided in Subparagraph (b) herein, any person who knowingly violates or fails
to comply with the provisions of this Article as set forth in the following schedule commits a
civil infraction and is subject to a civil penalty as follows:
Code Section Penalty Amount
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7-133 – Candidate affidavit; disclosure
statement; failure to file
No monetary penalty (disqualification per
Section 7-133)
7-134 - Registration of committees;
termination.
$150 first offense; $300 each subsequent
offense
7-135 - Campaign contributions/expenditures. $100 first offense; $200 each subsequent
offense
7-136 - Disclosure; filing of reports. $100 first offense; $200 each subsequent
offense
7-137(b) - Reports to be public record. $50 first offense; $100 each subsequent
offense
7-138 - Unexpended campaign contributions. $100 first offense; $200 each subsequent
offense
7-139 - Independent expenditures $100 first offense; $200 each subsequent
offense
7-140 - Responsibility for communications. $50 first offense; $100 each subsequent
offense
7-141 - Expenditures for political advertising;
rates and charges.
$50 first offense; $100 each subsequent
offense
(b) Any person who undertakes any of the following commits a misdemeanor and is subject to a
fine or imprisonment in accordance with § 1-15:
(1) Knowingly violates § 7-135(e), (i), or (j), with the intent to circumvent the restrictions
of § 7-135.
(2) Knowingly violates § 7-136 with the intent to fraudulently misrepresent campaign
contributions or expenditures on a disclosure report;
(3) Knowingly violates § 7-142; or
(4) Is found liable for a violation after the person has been found liable for two (2) or more
violations under this Article in a single election cycle.
. . .
(d) Each complaint received under Division 2 of this Article shall be posted on the City’s website
along with other campaign information. Records of communications between the City Clerk
and the complainant and between the City Clerk and the subject of any complaint shall be a
public record.
Section 9. That Section 7-145 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-145. Allegation of campaign violation.
. . .
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(d) For complaints that do not allege a criminal violation, the complaints shall be subject to a
civil infraction process as provided herein:
. . .
(4) If the City Attorney determines that the complaint satisfies the three (3) elements in the
immediately preceding Subsection (2), the City Attorney shall notify the City Clerk who
will, in turn, notify the respondent in writing of the presumptive penalty in accordance
with § 7-143(a) and that the respondent shall have seven (7) days from the date of the
notice to submit written evidence of its cure or diligent efforts to cure the violation,
including any amendments to any applicable report containing one or more deficiencies,
modified campaign materials or other proof that the violation has been corrected. The
respondent's written response shall be due to the City Clerk no later than 5:00 p.m. on
the tenth (10th) day. In the event the tenth (10th) day is a City holiday, the response shall
be due no later than 5:00 p.m. the next business day.
. . .
(10) Any person that commits a violation of this Article shall be personally liable for the
penalties imposed. Any candidate shall be personally liable for penalties imposed upon
the candidate or the candidate's committee and may use campaign contributions to pay
penalties.
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
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Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 080, 2022, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to the City Charter Concerning the Use of a Ranked Voting Method to
Elect Future Mayors and Councilmembers of the City of Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Peel), submits a City-
initiated Charter Amendment to the registered electors of the City at the November 8, 2022 special election.
This Charter amendment proposes to amend various provisions of the Charter to require the use of a ranked
voting method beginning in 2025.
STAFF RECOMMENDATION
If Council desires to present voters with the determination of whether to shift to using ranked-choice voting to
elect future Mayors and Councilmembers, staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 080, 2022 (PDF)
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Packet Pg. 214
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to a City-Initiated Charter Amendment Relating to the Conduct of City Elections to Use a
Ranked Voting Method.
EXECUTIVE SUMMARY
Amendments were made to Section 7. Certification of election results – paragraph (a) of the Ordinance.
A.Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B.First Reading of Ordinance No. 080, 2022, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to the City Charter Concerning the Use of a Ranked Voting Method to Elect
Future Mayors and Councilmembers of the City of Fort Collins.
The purpose of this item is to submit a City-initiated Charter Amendment to the registered electors of the City at
the November 8, 2022 special election. This Charter amendment proposes to amend various provisions of the
Charter to require the use of a ranked voting method beginning in 2025.
Any protest of the proposed ballot language must be received no later than Tuesday, June 21, 2022, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If
protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
If Council desires to present voters with the determination of whether to shift to using ranked-choice voting to
elect future Mayors and Councilmembers, staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
At the March 22, 2022 Work Session, Council discussed two potential Charter Amendments relating to the
conduct of municipal elections. These Charter Amendments have also been considered by the Council’s Election
Code Committee (ECC) at meetings in 2021 and 2022, and that committee has recommended bringing both
amendments forward to the full Council for consideration.
The first proposed amendment makes changes to the City Charter necessary to allow for the use of ranked-
choice voting in elections for City Councilmembers and Mayor. If adopted, this Ordinance will submit this
amendment to voters at the November 8, 2022 Special Election.
There are multiple sections of the Charter which would require changes as part of this amendment in order to
implement RCV, including:
ATTACHMENT 1
COPYN.15.1
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Agenda Item 20
Item # 20 Page 2
Amending Article VIII. Elections
• In Section 1, Adding potential applicability of coordinated municipal elections.
• In Section 7:
o Shifting the requirement to certify the election from by the 10th day after the election to a date to be
specified by ordinance.
o Adding provisions relating to how the highest number of votes for a particular office is determined
relevant to the use of a ranked voting method.
o Establishing the use of ranked voting methods for municipal elections beginning in 2025.
Amending Article IX. Recall
• Adding a reference to ranked voting requirements to recall provisions.
CITY FINANCIAL IMPACTS
The financial impacts of adopting this ordinance include the cost of conducting a coordinated special election
with Larimer County on the question. Special elections are not budgeted and typically are paid for with prior year
reserves.
If this measure is ultimately approved by the voters, there would be additional costs in administering elections.
The amount of these costs is difficult to predict and would differ depending upon whether the election was
conducted by the City Clerk’s Office or as a coordinated election with Larimer County.
In a City-run municipal election, most election expenses would remain relatively stable with the addition of RCV.
The handful of expenses most likely to see impacts include:
• Vote Tabulation Equipment – The City does not own its own tabulation equipment. It is also not constrained
to using its existing vendor and can explore other options that may offer some cost efficiencies or additional
opportunities for partnership. At this stage, quotes have been obtained from the current vendor being used
for adding RCV capabilities. The estimate provided includes overall cost increases from recent years
regardless of whether RCV is used. The specific module for RCV would add $35,000 to rental costs in each
election.
• Staffing Costs – Implementing RCV will likely mean increased staffing costs primarily for temporary staff
including election judges. Estimating the level of increase is speculative without a more complete picture of
the circumstances of implementation, including available internal resources to support efforts. It is
reasonable to assume at least some impact in this category. Utilizing equipment capable of fully tabulating
RCV ballots would decrease the level of potential increase, but not eliminate it entirely.
• Voter Education – In every election, the City engages in a level of voter outreach and education. This is an
area for potential growth regardless of voting methodology to better address the goals of Council around
supporting voter participation. In recent election years, approximately $10,000 per municipal election has
been invested in this realm. Specific to RCV, the need for more comprehensive voter education does exist
and would rightly call for an increased investment to help voters become familiar with what to expect when
casting their ballots. Done by the City and with a longer term ramp up to implementation over more than the
course of a year, this expense could be managed well to maximize the use of any funds allocated for this
purpose.
With the timing of implementation under consideration for 2025, it is likely possible to offset some of these
additional costs at least in part through the development of partnerships with neutral civic-oriented entities
including the pursuit of grant funds. Adequate time would be available to explore these options to minimize the
additional costs if elections continue to be administered by the City.
In a coordinated election, Larimer County has indicated all costs directly associated with RCV will be passed on
to only those jurisdictions utilizing RCV on a ballot. At this point, there are no other jurisdictions in Larimer County
indicating an interest in implementing RCV, so all RCV-related costs would be passed on to Fort Collins. This COPYN.15.1
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Agenda Item 20
Item # 20 Page 3
would be in addition to the share of all expenses that would be allocated to the City as occurs in any coordinated
election. The cost sharing provisions are set by the County with a basis in state statute and apply to all
jurisdictions participating in coordinated elections. The arrangement incentivizes the entity conducting the
election – in this case the county – to ensure all necessary resources are dedicated to elections to ensure a
successful event without the ability of coordinating jurisdictions to be part of those decisions, or aware of what
the costs will be until the election event is underway. RCV-specific costs are most likely to include:
• Equipment Firmware and Licensing for the RCV Module – Costs for this are being negotiated by the
Secretary of State on behalf of counties across the state with the vendor. Costs may be tiered by population
and are not likely to be known until sometime in 2023.
• Voter Education – The state statute permitting the use of RCV in coordinated municipal elections requires
an agreement between a municipality and the coordinating county specifically including a voter education
plan and coordinating its execution and costs.
• Staffing Costs – It is likely the County will increase staffing levels to administer an election event with RCV
to ensure it has adequate capacity to ensure successful administration of new processes.
PUBLIC OUTREACH
Targeted outreach was not conducted for this proposed Charter amendment. However, meetings of the Elections
Code Committee where this amendment was discussed were open to the public, and several members of the
community regularly attended and provided input. In addition, the Council discussed this proposed amendment
at its March 22 Work Session.
ATTACHMENTS
1. Where RCV is Used (PDF)
2. Election Code Committee Minutes, September 2021 (PDF)
3. Election Code Committee Minutes, February 2022 (PDF)
4. Election Code Committee Minutes, March 7, 2022 (PDF)
5. Election Code Committee Minutes, May 9, 2022 (PDF)
6. Election Code Committee Minutes, May 31, 2022 (draft) (PDF)
7. Powerpoint Presentation (PDF) COPYN.15.1
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ORDINANCE NO. 080, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO THE CITY CHARTER CONCERNING THE
USE OF A RANKED VOTING METHOD TO ELECT FUTURE MAYORS AND
COUNCILMEMBERS OF THE CITY OF FORT COLLINS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, on May 17, 2022, the City Council adopted on second reading Ordinance No.
056, 2022, calling a special municipal election (“November Election”) to be held in conjunction
with the November 8, 2022, Larimer County General Election; and
WHEREAS, Article VIII of the Charter concerns the conduct of elections in the City of
Fort Collins, including Article VIII, Section 7, regarding the Certification of Election Results; and
WHEREAS, Section 31-10-617, Colorado Revised Statutes, provides authority to
municipalities to choose to use a ranked voting method to elect the mayor or members of the
governing body of the municipality; and
WHEREAS, the City Council is of the opinion that a ranked voting method could offer
more expressive voting for Fort Collins electors, encourage participation in the electoral process,
and result in municipal representation that is better representative of the preferences of Fort Collins
electors; and
WHEREAS, the Council’s intent in adopting this Ordinance is to present to the City’s
electorate at the November Election, through the ballot title set in Section 3 of this Ordinance, a
proposed amendments to Article VIII and Article IX of the City Charter that would, if adopted,
provide that Fort Collins electors shall elect the City mayor and council members through a ranked
voting method, beginning with the regular City election in 2025, and for all elections moving
forward; and
WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors
the Charter amendment below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the following proposed changes to Article VIII and Article IX of the
City Charter, requiring the use of a ranked voting method for all elections after January 1, 2025,
shall be submitted to the registered electors of the City as “Proposed Charter Amendment ___” at
the November Election:
ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shall provide by ordinance for the manner of holding city elections. All ordinances
regarding elections shall be consistent with the provisions of this Charter and the state Constitution.
Any matter regarding elections not covered by the state Constitution, this Charter or ordinance of
the Council shall be governed by the laws of the State of Colorado relating to municipal elections,
or coordinated municipal elections, as applicable.
. . .
Section 7. Certification of election results.
(a) No later than the date specified by Council by ordinance and, after verifying the total number
of legal votes cast for each candidate and measure voted upon, the Board of Elections shall
complete a certificate declaring the results of the election. The candidate receiving the highest
number of votes for a particular office, as determined pursuant to this Section 7, shall be declared
elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot
after notice to the candidates affected. In case the candidate elected fails to qualify within sixty
(60) days after the date of issuance of the certificate of election, tabulation of results in that contest
shall be rerun with the disqualified candidate being eliminated prior to any tabulation and the
candidate with the resulting highest vote shall be elected, and the candidate failing to qualify shall
forfeit his or her office whether or not such candidate has taken the oath of office. If there is no
other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by
appointment by the remaining members of the council, as provided in Article II, Section 18. In the
event of a mandatory recount or recount by request, the Board of Elections shall complete an
amended certificate declaring the results of the election no later than the fifth day after the
completion of the recount.
(b) For coordinated city elections (which are not administered by the City), the election shall be
determined and certified and any tie vote or recount shall be administered, as provided in the
applicable state law. The candidate receiving the highest number of votes for a particular office,
as determined pursuant to Section 7(c), shall be declared elected to that office.
(c) Ranked voting methods. Beginning in 2025, the candidate receiving the highest number of
votes for a particular office will be determined using a ranked voting method.
(1) For a City-administered election, the ranked voting method will be in accordance with
specifications adopted by the City Council by ordinance.
(2) For a coordinated election, the ranked voting method will be in accordance with, and
as provided by, applicable state law.
N.15.2
Packet Pg. 219 Attachment: Ordinance No. 080, 2022 (11756 : SR 080 Charter Amendment - RCV)
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ARTICLE IX. RECALL
Section 3. Elections.
. . .
(d) Election results. If a majority of those voting on the question of the recall of any incumbent
from office votes "No," the incumbent continues in office. If a majority votes "Yes" for the
incumbent's removal, the incumbent shall thereupon be deemed removed from his or her
office upon the taking of the oath of office by his or her successor. If the officer is recalled,
the candidate for succession receiving the highest number of votes at the election determined
in accordance with Article VIII, Section 7, shall be declared elected for the remainder of the
incumbent's term. The candidate elected shall take office upon taking the oath of office, which
shall occur as the first order of business at the next regular or special Council meeting. In case
the candidate elected fails to qualify within sixty (60) days after the issuance of a certificate
of election, the candidate with the next highest vote shall be elected, and if there is no other
elected successor who qualifies, the office shall be deemed vacant, and shall be filled by
appointment by the remaining members of the Council, as provided in Article II, Section 18.
Section 3. That the following ballot title, with its title and submission clause, is hereby
adopted for submitting Proposed Charter Amendment No. to the voters at the November
Election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
(Ranked Voting)
Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City
elections, be amended to:
• require that for all regular city elections after January 1, 2025, the offices of Mayor
and of each District Councilmember shall be elected using a “ranked voting
method,” pursuant to the applicable Colorado statutes or, for City-conducted
elections, procedures and deadlines adopted by the City Council by ordinance;
• clarify the applicable law for coordinated elections; and
• make minor conforming edits; and
shall Article IX of the Charter, regarding recall, be amended to incorporate the ranked
voting method set out in Article VIII?
Yes/For
No/Against
N.15.2
Packet Pg. 220 Attachment: Ordinance No. 080, 2022 (11756 : SR 080 Charter Amendment - RCV)
-4-
Section 4. That pursuant to Section 31-2-210(4) of the Colorado Revised Statutes, the
City Clerk is directed to publish in the Coloradoan a notice of the City’s November 8, 2022, special
election coordinated with Larimer County and to include in that notice the full text of the proposed
amendments to City Charter Article VIII and Article IX as stated in this Ordinance. Such notice
is to be published within thirty (30) days of the adoption of this Ordinance and not less than sixty
(60) days nor more than one hundred twenty (120) days before said election.
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
N.15.2
Packet Pg. 221 Attachment: Ordinance No. 080, 2022 (11756 : SR 080 Charter Amendment - RCV)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 081, 2022, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to the City Charter Shifting the City’s Regular Municipal Election from
each Odd-Year April to each Odd-Year November.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Pignataro), submits a City-
initiated Charter Amendment to the registered electors of the City at the November 8, 2022 special election.
This Charter amendment proposes to shift the date of regular City elections to be held in November of odd
years instead of April. This shift would also allow for coordinating elections with Larimer County.
STAFF RECOMMENDATION
If Council desires to present voters with the determination of whether to shift to regular municipal elections t o
November of odd years, staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 081, 2022 (PDF)
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Packet Pg. 222
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to a City-Initiated Charter Amendment Relating to the Timing of Regular City Elections.
EXECUTIVE SUMMARY
A.Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B.First Reading of Ordinance No. 081, 2022, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to the City Charter Shifting the City’s Regular Municipal Election from each
Odd-Year April to each Odd-Year November.
The purpose of this item is to submit a City-initiated Charter Amendment to the registered electors of the City at
the November 8, 2022 special election. This Charter amendment proposes to shift the date of regular City
elections to be held in November of odd years instead of April. This shift would also allow for coordinating
elections with Larimer County.
Any protest of the proposed ballot language must be received no later than Tuesday, June 21, 2022, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If
protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
If Council desires to present voters with the determination of whether to shift to regular municipal elections to
November of odd years, staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
At the March 22, 2022 Work Session, Council discussed two potential Charter Amendments relating to the conduct
of municipal elections. These Charter Amendments have also been considered by Council’s Election Code
Committee (ECC) at meetings in 2021 and 2022, and that committee has recommended bringing both amendments
forward to the full Council for consideration.
The second proposed amendment makes changes to the City Charter necessary to shift the date of regular municipal
elections to November of odd years. If adopted, this Ordinance will submit this amendment to voters at the November
8, 2022 Special Election.
There are multiple sections of the Charter which would require changes as part of this amendment to implement this
shift, including:
ATTACHMENT 1
COPYN.16.1
Packet Pg. 223 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11755 : SR 081 Charter Amendment - Election Date)
Agenda Item 21
Item # 21 Page 2
Amending Article II. City Council
• In Section 1:
o Shifting the start date for Council terms to the second Tuesday of January or, if appointed, at the first Council
meeting following appointment.
• In Section 4:
o Mirroring that timing shift in the language regarding how Council organizes itself.
Amending Article VIII. Elections
• In Section 1:
o Adding potential applicability of coordinated municipal elections.
• In Section 2:
o Establishing the timing of regular city elections to be the first Tuesday in November of every odd numbered
year.
o Adding language to extend terms of current elected officials to accomplish the transition from April to
November.
• In Section 3:
o Decreasing the time during which the time frame for circulation and submittal of nominating petitions can be
changed from one year to 180 days prior to an election.
• In Section 5:
o Clarifying the Board of Elections created by the Charter has authority only in City-administered elections.
• In Section 7:
o Shifting the requirement to certify the election from by the 10th day after the election to a date to be specified
by ordinance.
o Adding provisions indicating election results will be determined and certified pursuant to state law in
coordinated elections.
• In Section 10:
o Clarifying the provisions of this section regarding the validity of an election apply to City-administered
elections only.
CITY FINANCIAL IMPACTS
The financial impacts of adopting this ordinance include the cost of conducting a coordinated special election
with Larimer County on the question. Special elections are not budgeted and typically are paid for with prior year
reserves.
If this measure is ultimately approved by the voters, the costs of administering regular elections would be
determined by Larimer County through a cost sharing allocation set by the County with a basis in state statute.
This cost sharing formula is applied to all jurisdictions participating in coordinated elections and is not subject to
negotiation or input from municipalities. A cost estimate is prepared by the County in late August or early
September after all participating jurisdictions have signed IGAs to participate in the November election. Final
costs are determined and allocated after the coordinated election event is completed.
PUBLIC OUTREACH
Targeted outreach was not conducted for this proposed Charter amendment. However, meetings of the Elections
Code Committee (Attachments 3-8) where this amendment was discussed were open to the public, and several
members of the community regularly attended and provided input. In addition, the Council discussed this
proposed amendment at its March 22 work session. (Attachment 9)
COPYN.16.1
Packet Pg. 224 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11755 : SR 081 Charter Amendment - Election Date)
Agenda Item 21
Item # 21 Page 3
ATTACHMENTS
1. Election Dates for 30 Largest Colorado Municipalities (PDF)
2. Looking at Voter Turnout (PDF)
3. Election Code Committe Minutes, September 2021 (PDF)
4. Election Code Committe Minutes, October 2021 (PDF)
5. Election Code Committe Minutes, November 2021 (PDF)
6. Election Code Committe Minutes, February 2022 (PDF)
7. Election Code Committe Minutes, March 7, 2022 (PDF)
8. Election Code Committe Minutes, May 9, 2022 (PDF)
9. Election Code Committe Minutes, May 31, 2022 (draft) (PDF)
10. Work Session Summary, March 22, 2022 (PDF)
11. Powerpoint Presentation (PDF) COPYN.16.1
Packet Pg. 225 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11755 : SR 081 Charter Amendment - Election Date)
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ORDINANCE NO. 081, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO THE CITY CHARTER
SHIFTING THE CITY’S REGULAR MUNICIPAL ELECTION
FROM EACH ODD-YEAR APRIL TO EACH ODD-YEAR NOVEMBER
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the
“Charter”) provides that the Charter may be amended as provided by the laws of the State of
Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, on May 17, 2022, the City Council adopted on second reading Ordinance
No. 056, 2022, calling a special municipal election (“November Election”) to be held in
conjunction with the November 8, 2022, Larimer County General Election; and
WHEREAS, Article VIII of the Charter concerns the conduct of elections in the City of
Fort Collins, including Article VIII, Section 7, regarding the Certification of Election Results;
and
WHEREAS, the City Council desires to take steps to encourage and facilitate voter
participation in the City’s municipal elections, and Council believes shifting the City’s regular
municipal elections, at which Fort Collins voters select the Mayor and members of the Council,
from each odd-year April to each odd-year November will help accomplish increased voter
participation; and
WHEREAS, the Council’s intent in adopting this Ordinance is to present to the City’s
electorate at the November Election, through the ballot title set in Section 3 of this Ordinance,
proposed amendments to Article II and Article XIII of the City Charter that would, if adopted,
shift the City’s regular municipal elections from each odd-year April to each odd-year
November, and transition current Mayor and Councilmember terms to the new schedule; and
WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors
the Charter amendment below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Article II and Article VIII of the
City Charter, shifting the City’s regular municipal election from each odd-year April to each
N.16.2
Packet Pg. 226 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
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odd-year November, shall be submitted to the registered electors of the City as “Proposed
Charter Amendment ???” at the November Election:
ARTICLE II. CITY COUNCIL
Section 1. Membership; terms.
. . .
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of
Article IX, the term of office of the Mayor shall be two (2) years, and the term of office of
all other members of the Council shall be four (4) years each; provided, however, that all
such officers shall serve until their successors have been elected and have taken office. The
terms of the Mayor and other members of the Council shall begin when they take the oath of
office, which shall occur as the first order of business at a special Council meeting on the
second Tuesday of January next after the election, or, if appointed, the first regular or
special Council meeting following their appointment.
. . .
Section 4. Organization.
The Mayor shall preside at meetings of the Council and shall be recognized as head of the city
government for all ceremonial purposes and by the Governor of the state for purposes of military
law. The Mayor shall execute and authenticate legal instruments requiring the signature of the
Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which
are not inconsistent with the provisions of this Charter.
At the special meeting at which newly-elected officers take their oath of office as described in
Section 2(d) of this Article, the Council shall elect a Mayor Pro Tem for a two (2) year term from
among the members of the Council to act as Mayor during the absence or disability of the
Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as
provided in Section 18(b) below.
If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise,
the Council shall at the first regular or special meeting after the occurrence of such vacancy elect
a new Mayor Pro Tem to serve for the remainder of the vacated term.
. . .
N.16.2
Packet Pg. 227 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
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ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shall provide by ordinance for the manner of holding city elections. All ordinances
regarding elections shall be consistent with the provisions of this Charter and the state
Constitution. Any matter regarding elections not covered by the state Constitution, this Charter
or ordinance of the Council shall be governed by the laws of the State of Colorado relating to
municipal elections, or coordinated municipal elections, as applicable.
Section 2. City elections.
A regular city election shall be held on the first Tuesday in November of every odd-numbered
year. All other municipal elections shall be known as special city elections and shall be called by
ordinance and shall be held in accordance with the provisions of this Charter and any ordinances
adopted pursuant thereto. All municipal elections shall be nonpartisan.
In order to implement a change of regular city elections from April of each odd-numbered year
to November of each odd-numbered year, the term of the Mayor and each Councilmember shall
be extended to such time as a successor elected in November of the appropriate odd-numbered
year (consistent with Article II, Section 1(b)) takes office, unless otherwise ended due to an
event of vacancy or recall. Such change in term length shall have no effect on the number of
terms any such officer may be elected under the applicable term limits.
Section 3. Nomination; withdrawal from nomination.
Any person who is qualified at the time of nomination for the office to be filled may be
nominated for the elective office by petition. A nominating petition for the office of Mayor shall
be signed by not less than twenty-five (25) registered electors. A nominating petition for District
Council office shall be signed by not less than twenty-five (25) registered electors residing in
that District. A registered elector may sign one (1) petition for each office for which the elector is
entitled to vote at the election. If an elector should sign more petitions than entitled, said elector's
signature shall be void as to all petitions which the elector signed.
Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance
specifying the time frame for circulation and submittal of nominating petitions and the deadline
for withdrawal from candidacy for municipal office. Such time frame shall not be changed
within one hundred eighty (180) days immediately prior to the election. No nominating petition
shall be accepted unless the candidate completes a verified acceptance of the nomination
certifying that he or she is not a candidate, directly or indirectly, of any political party, and that
he or she meets the qualifications for office, and will serve if elected.
A person who has been nominated may withdraw from candidacy by filing a written request to
do so with the City Clerk before the deadline established by Council ordinance for such
withdrawal, and no name so withdrawn shall be placed upon the ballot.
. . .
N.16.2
Packet Pg. 228 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
-4-
Section 5. Board of Elections for City-administered elections.
There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City
Clerk, and Chief Judge. The Board shall be responsible for any election duties specified in this
Charter and for such additional duties related to the conduct of elections by the City as may be
established by the Council by ordinance.
. . .
Section 7. Certification of election results.
(a) No later than the date specified by the Council by ordinance and, after verifying the total
number of legal votes cast for each candidate and measure voted upon, the Board of Elections
shall complete a certificate declaring the results of the election. The candidate receiving the
highest number of votes for a particular office shall be declared elected to that office. In event of
a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates
affected. In case the candidate elected fails to qualify within sixty (60) days after the date of
issuance of the certificate of election, the candidate with the next highest vote shall be elected,
and the candidate failing to qualify shall forfeit his or her office whether or not such candidate
has taken the oath of office. If there is no other elected successor who qualifies, the office shall
be deemed vacant, and shall be filled by appointment by the remaining members of the council,
as provided in Article II, Section 18. In the event of a mandatory recount or recount by request,
the Board of Elections shall complete an amended certificate declaring the results of the election
no later than the fifth day after the completion of the recount.
(b) For coordinated city elections (which are not administered by the City), the election shall be
determined and certified and any tie vote or recount shall be administered, as provided in the
applicable state law.
. . .
Section 10. Validity of City-administered elections.
No City-administered election shall be invalidated if it has been conducted fairly and in
substantial conformity with the requirements of this Charter.
. . .
Section 3. That the following ballot title, with its title and submission clause, is
hereby adopted for submitting Proposed Charter Amendment No. to the voters at the
November Election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
(November Elections)
N.16.2
Packet Pg. 229 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
-5-
Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City
elections, be amended to:
• make the regular city election date the first Tuesday in November of every odd-
numbered year, instead of the first Tuesday after the first Monday in April of
every odd-numbered year;
• transition to the new election schedule by extending the current term of the
Mayor and of each Councilmember from April to November of the appropriate
odd-numbered year, without altering the number of terms each may serve;
• allow for coordinated elections to be conducted by the County Clerk and
Recorder and clarify the applicable law for coordinated elections;
• allow Council to adjust the time frame for candidate nominations and
withdrawals up to 180 days prior to an election; and
• make minor conforming edits; and
shall Article II of the Charter, regarding membership, terms and organization of the City
Council, be amended to provide that City officers elected in a November election shall be
sworn in and take office, and a Mayor Pro Tem shall be elected, at a special Council
meeting on the second Tuesday of January after such election?
Yes/For
No/Against
Section 4. That pursuant to Section 31-2-210(4) of the Colorado Revised Statutes,
the City Clerk is directed to publish in the Coloradoan a notice of the City’s November 8, 2022,
special election coordinated with Larimer County and to include in that notice the full text of the
proposed amendments to Charter Article II and Article VIII as stated in this Ordinance. Such
notice is to be published within thirty (30) days of the adoption of this Ordinance and not less
than sixty (60) days nor more than one hundred twenty (120) days before said election.
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
N.16.2
Packet Pg. 230 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
-6-
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
N.16.2
Packet Pg. 231 Attachment: Ordinance No. 081, 2022 (11755 : SR 081 Charter Amendment - Election Date)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Teresa Roche, Human Resources Executive
Jenny Lopez Filkins, Legal
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 082, 2022, Submitting to a Vote of the R egistered Electors of the City of
Fort Collins a Proposed Amendment to Article II of the City Charter Concerning Compensation of the Mayor
and Councilmembers of the City of Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 21, 2022 by a vote of 6-1 (Nay: Gutowsky) will minimize
compensation as a barrier to service on Council and to recognize the increasing size of Fort Collins and the
growing complexity of matters coming before Council has increased time commitments.
Council would like to consider changing Council compensation using the Average Median Income AMI, for a
single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as determined and
adjusted annually by the U.S. Department of Housing and Urban Development, and to offer the option to
participate in the City organization’s healthcare-related benefits on the same terms those benefits are available
to City employees.
The proposed effective date is January 2023 and the compensation for members of the Council shall be paid
biweekly and adjusted annually as follows:
(1) For the Mayor: seventy-five percent (75%) of Area Median Income.
(2) For the Mayor Pro Tem: sixty percent (60%) of Area Median Income.
(3) For all other Councilmembers: fifty percent (50%) of Area Median Income.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF)
2. Ordinance No. 082, 2022 (PDF)
N.17
Packet Pg. 232
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Teresa Roche, Human Resources Executive
Jenny Lopez Filkins, Legal
Carrie Daggett, City Attorney
SUBJECT
Items Relating to a City-Initiated Charter Amendment Relating to the Compensation of the Mayor and
Councilmembers of the City of Fort Collins.
EXECUTIVE SUMMARY
A.Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B.First Reading of Ordinance No. 082, 2022, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to Article II of the City Charter Concerning Compensation of the Mayor and
Councilmembers of the City of Fort Collins.
The purpose of this item is to minimize compensation as a barrier to service on Council and to recognize the
increasing size of Fort Collins and the growing complexity of matters coming before Council has increased time
commitments.
Council would like to consider changing Council compensation using the Average Median Income AMI, for a
single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as determined and adjusted
annually by the U.S. Department of Housing and Urban Development, and to offer the option to participate in
the City organization’s healthcare-related benefits on the same terms those benefits are available to City
employees.
The proposed effective date is January 2023 and the compensation for members of the Council shall be paid
biweekly and adjusted annually as follows:
(1)For the Mayor: seventy-five percent (75%) of Area Median Income.
(2)For the Mayor Pro Tem: sixty percent (60%) of Area Median Income.
(3)For all other Councilmembers: fifty percent (50%) of Area Median Income.
Any protest of the proposed ballot language must be received no later than Tuesday, June 21, 2022, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If
protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
At the May 24 work session, staff was directed to bring forward a proposed ordinance and ballot initiative
language on Council compensation and benefits for the November 2022 election.
ATTACHMENT 1
COPYN.17.1
Packet Pg. 233 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11757 : SR 082 Council Compensation)
Agenda Item 22
Item # 22 Page 2
Currently, Section 3 of Article II of the City Charter provides an annual compensation adjustment based on the
Consumer Price Index Urban (CPI-U). The 1998 compensation was set at $750 per month for the Mayor and
$500 per month for each Councilmember. With the annual adjustments, the 2022 pay amount is $1,339.50 per
month for the Mayor and $892.67 per month for each Councilmember.
Council has prioritized increasing participation by the Fort Collins community in City government, and particularly
increasing opportunities to influence City policy such as through City boards and commissions and through
service on Council. The substantial time commitment required to carry out the roles of Mayor, Mayor Pro Tem
and Councilmember serves as a barrier for many in the community and that adequate compensation for service
on Council will enable more members of the Fort Collins community to seek elective office on Council. Council
has expressed a desire to make the opportunity to serve on Council more practically available for those for whom
the demands of the role would exact too great a cost, and to eliminate compensation as a barrier to service on
Council.
Several years have passed since there was a competitive benchmark study of Council compensation. City
consultant hrQ conducted the study at the direction of the Council Compensation committee.
Data was collected in March 2022 from seven peer (Wilmington, NC, Naperville, IL, Asheville, NC, Greensboro
NC, Oklahoma City, OK, Eugene, OR, Plano, TX) and six Front Range (Arvada, Greeley, Colorado Springs,
Thornton, Loveland, and Lakewood) cities.
The findings revealed only two cities (one peer and one Front Range) have a lower compensation level for Mayor
than Fort Collins. Four cities report a higher salary for the Mayor Pro Tem than other Council members; three of
the cities are on the Front Range and only one peer city has this practice. Only two Front Range cities have a
lower compensation level for their councilmembers than Fort Collins. Fort Collins has the lowest compensation
level for Council among the peer cities in the study.
ATTACHMENTS
1. Work Session Summary, May 24, 2022 (PDF)
2. Powerpoint Presentation (PDF) COPYN.17.1
Packet Pg. 234 Attachment: First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (11757 : SR 082 Council Compensation)
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ORDINANCE NO. 082, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER
CONCERNING COMPENSATION OF THE MAYOR AND COUNCILMEMBERS OF THE
CITY OF FORT COLLINS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, on May 17, 2022, the City Council adopted on second reading Ordinance No.
056, 2022, calling a special municipal election (“November Election”) to be held in conjunction
with the November 8, 2022, Larimer County General Election; and
WHEREAS, Section 3 of Article II of the Charter concerns the compensation for the mayor
and members of City Council and was last updated in 1997; and
WHEREAS, City Council has prioritized increasing participation by the Fort Collins
community in City government, and particularly increasing opportunities to influence City policy
such as through City boards and commissions and through service on City Council; and
WHEREAS, the increasing size of Fort Collins and the growing complexity of matters
coming before the City Council have resulted in gradual growth in the time required to fulfill the
role of Councilmember; and
WHEREAS, the City Council is of the opinion that the substantial time commitment
required to carry out the roles of mayor, mayor pro tem and councilmember could pose a barrier
for many in the community and that adequate compensation for service on Council will enable
more members of the Fort Collins community to afford to serve in elective office on Council; and
WHEREAS, the objective of the City Council is to make the opportunity to serve on
Council more practically available for those for whom the demands of the role would exact too
great a cost, and to minimize compensation as a barrier to service on the City Council; and
WHEREAS, the Council’s intent in adopting this Ordinance is to present to the City’s
electorate at the November Election, through the ballot title set in Section 3 of this Ordinance, a
proposed amendment to Article II of the City Charter that would, if adopted, increase the
compensation for the mayor and city councilmembers effective January 1, 2023; and
WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors
the Charter amendment below.
N.17.2
Packet Pg. 235 Attachment: Ordinance No. 082, 2022 (11757 : SR 082 Council Compensation)
-2-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 3 of Article II of the City
Charter, modifying the compensation for the mayor and councilmembers, shall be submitted to the
registered electors of the City as “Proposed Charter Amendment ___” at the November Election:
ARTICLE II. CITY COUNCIL
Section 3. Compensation of members.
(a) For the purpose of this Section, Area Median Income shall mean Area Median Income for
a single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as
determined and adjusted annually by the U.S. Department of Housing and Urban Development.
(b) Commencing in 2023, compensation for members of the City Council shall be paid
biweekly and adjusted annually as follows:
(1) For the Mayor: seventy-five percent (75%) of Area Median Income.
(2) For the Mayor Pro Tem: sixty percent (60%) of Area Median Income.
(3) For all other Councilmembers: fifty percent (50%) of Area Median Income.
(c) Although members of City Council are generally not considered City employees,
compensation for service on City Council shall include the option to participate in the City
organization’s healthcare-related benefits, on the same terms those benefits are available to
City employees.
Section 3. That the following ballot title, with its title and submission clause, is hereby
adopted for submitting Proposed Charter Amendment No. to the voters at the November
Election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
(Council Compensation)
Shall Section 3 of Article II of the Charter of the City of Fort Collins, regarding
compensation for the Mayor and City Councilmembers, be amended to provide:
• the Mayor will receive seventy-five percent (75%),
• the Mayor Pro Tem will receive sixty percent (60%), and
• all other Councilmembers will receive fifty percent (50%),
of the Area Median Income for the Fort Collins/Loveland area for a single-person household,
adjusted annually;
N.17.2
Packet Pg. 236 Attachment: Ordinance No. 082, 2022 (11757 : SR 082 Council Compensation)
-3-
And to further provide that all Councilmembers, while not employees, will be entitled to opt
into the City organization’s healthcare-related benefits, on the same terms those benefits are
available to City employees?
_________
Yes/For
________
No/Against
Section 4. That pursuant to Section 31-2-210(4) of the Colorado Revised Statutes, the
City Clerk is directed to publish in the Coloradoan a notice of the City’s November 8, 2022, special
election coordinated with Larimer County and to include in that notice the full text of the proposed
amendments to Charter Article II, Section 3, as stated in this Ordinance. Such notice is to be
published within thirty (30) days of the adoption of this Ordinance and not less than sixty (60) days
nor more than one hundred twenty (120) days before said election.
Introduced, considered favorably on first reading and ordered published this 21st
day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
N.17.2
Packet Pg. 237 Attachment: Ordinance No. 082, 2022 (11757 : SR 082 Council Compensation)
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY July 5, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 084, 2022, Amending the City of Fort Collins District-Precinct Map Following
the Decennial Census.
EXECUTIVE SUMMARY
The purpose of this item is to amend the City’s district boundaries following the decennial census in
compliance with Section 7-87 of the City Code, including aligning City precinct boundaries with County precinct
boundaries.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading with the Council’s selected option for district
boundary map.
BACKGROUND / DISCUSSION
Adjustment of City district boundaries (aka redistricting) must occur following certain triggers in the City
Charter, including the decennial census. The deadline to complete this process is 180 days prior to the next
regular City election (currently scheduled in April 2023). The City Cler k’s Office has prepared a report outlining
the process followed in 2022. (Attachment 1)
The Council’s Election Code Committee has been considering options prepared by the City’s GIS Division.
Materials first provided at the April 18 Election Code Committe e meeting included two initial options for
potential new district boundaries. After an initial review, the committee opted to continue consideration of these
options at the May 9 meeting, at which time additional reports were provided from the City Clerk o utlining the
redistricting process and from the Colorado Municipal League on considerations for municipal redistricting in
Colorado. The number of options the City’s GIS division was able to produce for consideration was constrained
by the requirements of the Charter and Code, including the requirement to use general election precincts
established by Larimer County as the building blocks for districts. The two options initially presented were
believed to be the only viable alternatives meeting requirements. In re-precincting following the 2020 census,
Larimer County created all new (larger) precincts, significantly reducing the total number of precincts within
Fort Collins. This reduced number of precincts has been the biggest constraint on developing distri ct options
that maintain required population balance.
At the May 9 meeting, a third option for district boundaries was presented by a resident and all three map
options were reviewed by the Committee. Interest in considering the third option was generally indicated. An
additional meeting of the Committee was scheduled for May 31 to allow for further analysis of that option by
the City’s GIS, Legal, and City Clerk staff. Following additional analysis, GIS also prepared a fourth option
based upon the third option with a shift to one precinct that borders two districts. Option 4 changes the
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Agenda Item 18
Item # 18 Page 2
placement of precinct 362 in District 6 for purposes of increased contiguity. (All four options are included as
exhibits to the Ordinance.
Late in the process of overall analysis, GIS identified additional issues for the redistricting process with the way
the general election precincts were established. In addition to not following City limit boundaries, precincts also
divide census blocks in several instances, making obtaining accurate population counts challenging. Because
of the timing of this discovery, analysis of the impacts on population totals was not complete prior to the May
31 ECC meeting, requiring the scheduling of another special ECC meeting and a shift to the date for full
Council consideration of redistricting to July 5.
After GIS completed its review of the precincts that include one or more split census blocks and developed the
most accurate population estimates possible with available data, all four options were reevaluated and found to
still be within the maximum range of deviation permitted under Charter and Code for population balance. The
Election Code Committee has reviewed the four options and forwarded them to the full Council for
consideration and selection of the final district boundaries.
CITY FINANCIAL IMPACTS
There is not anticipated to be a direct financial impact related to the selection at this point of new district
boundaries.
BOARD / COMMISSION RECOMMENDATION
The Election Code Committee has forwarded the four potential district boundary options it considered to the
full Council for its determination of which option to select as part of this first reading . (Attachment 2)
PUBLIC OUTREACH
Public outreach around redistricting has included publication of materials for the Election Code Committee and
committee discussion, as well as public comment periods at ECC meetings. The proposed options for district
boundaries have also been published on the City’s website, and public notice of the Counc il’s consideration of
these options has occurred consistent with the requirements of City Code.
ATTACHMENTS
1. 2022 Redistricting Report (PDF)
2. Election Code Committee Minutes (PDF)
3. Powerpoint Presentation (PDF)
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City Clerk
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
Current Redistricting Timeline and Process Overview
A full redistricting is done across the state every 10 years as a trickle-down process that is initiated with
the completion of the decennial census. At the local level, it is possible for municipalities to make
boundary adjustments on a different cadence, including more often than every 10 years as is currently
called for in Fort Collins, however State boundaries, including congressional districts as well as state house
and senate districts, are drawn first. Then, counties create their districts and precincts. Once these levels
are complete, municipalities are able to complete their own redistricting processes. Each step in this
process is contingent on the steps preceding it, as the work done at each level must take into account the
work done at larger units of government.
The current municipal redistricting process for Fort Collins is being impacted by several variables in earlier
steps in the overall process across the state and nation. Census data was delayed following the 2020
Census, largely as a result of COVID-19 impacting the timely conduct of the Census and particularly wrap
up work following the Census. Full 2020 Census data at the local level was not released until December of
2021.
State Redistricting
Delays in data also impacted state and county level redistricting work. This was the first year the State’s
Independent Redistricting Commissions1 handled state-level redistricting after their establishment by act
of Colorado voters in 2018. The work of these Commission could not begin until census data was available
to support their charges to establish both a statewide congressional plan2 and then also state senate3 and
house4 plans. This census data included:
•2020 Census Apportionment Results5 – released April 26, 2021
o Calculated congressional seats to which each state is entitled
o Colorado gained a congressional district in this apportionment
•Redistricting Data Summary Files6 – released to the states August 12, 2021
o Available with the full redistricting data toolkit on data.census.gov on September 16, 2021
The Colorado Independent Congressional Redistricting Commission began its work on March 15, 2021.
Because Colorado gained an additional congressional district, all congressional districts were significantly
altered. The Commission submitted its final congressional plan to the Colorado Supreme Court on October
1, 2021, and it was approved on November 1, 2021.
1 https://redistricting.colorado.gov/
2 https://redistricting.colorado.gov/content/congressional-final-approved
3 https://redistricting.colorado.gov/content/senate-final-approved-errata
4 https://redistricting.colorado.gov/content/house-final-approved
5 https://www.census.gov/data/tables/2020/dec/2020-apportionment-data.html
6 https://www.census.gov/programs-surveys/decennial-census/about/rdo/summary-files.html
ATTACHMENT 1 N.18.1
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A separate commission, the Colorado Independent Legislative Redistricting Commission, was also formed
and began its work on March 30, 2021, to establish state house and senate districts. Final state house and
senate plans were submitted to the Colorado Supreme Court on October 15, 2021, and upheld by the
Court on November 15, 2021.
Larimer County is now split amongst three different congressional districts - 2, 4, and the new 8th district.
The majority of the County, including all of the population of Fort Collins, is within Congressional District
2, however the communities of Loveland and Wellington are in district 4 and parts of southern Larimer
County are in district 8.
County Reprecincting
The impact of these changes has flowed down to subsequent boundary adjustments. At the county level,
Larimer County is required to redraw precinct boundaries after state redistricting to ensure no precinct is
part of more than one State Representative, State Senatorial, or Congressional district. The degree of
change in these districts across the state resulted in a full redrawing of all county precincts, leaving no
correlation between old and new precincts. Although the County has districts, all three commissioners
are elected at large. There was no adjustment made by Larimer County to the three Commissioner district
boundaries. The County’s work therefore consisted of only redrawing precinct boundaries as a data driven
process based on the number of active eligible voters, and not a redistricting.7
Planning for Municipal Redistricting after the 2020 Census
District boundaries were last adjusted under the City’s redistricting procedures in 2016. These
adjustments have occurred more frequently than every 10 years based on the additional triggers in City
Code. Additional adjustments were also prompted in February of 2018, when the Council opted to waive
the requirement to do so because of the recency of other changes, and again in October of 2019, when
required changes were again waived due to the pending 2020 census.
In recent history, the redistricting process of creating potential scenarios for districts has been done by
the City’s in house GIS team within the IT department. Following the 2016 process, there was substantial
discussion around how to better refine that work going forward. At the direction of the City Council at the
time, the City Clerk’s Office pursued a path for engaging a consultant in a more robust redistricting
process, including incorporating thorough community engagement. There was funding for a redistricting
effort with a shift in focus and operational execution as part of the 2019-2020 BFO process. However, due
both to the timing of redistricting not being ready to start in 2020 and the onset of the COVID-19 pandemic
requiring the identification of budget cuts, the dollars allocated at that time were returned as part of 2020
budget reductions. A new budget offer was developed for the 2022 budget process, and subsequently
approved.
The vision at the time that 2022 budget offer was prepared and submitted in April of 2021 was to support
a community-wide redistricting effort with the assistance of a consultant. This process was intended to
incorporate an effort to examine the method of establishing and recalibrating Council Districts, with the
7 https://meetings.municode.com/d/f?u=https://mccmeetings.blob.core.usgovcloudapi.net/larimerco-
pubu/MEET-Agenda-
e7aa944c36104e1fbbbe9a86f363d852.pdf&n=ADMINISTRATIVE%20MATTERS%20Agenda%20Document.pdf
N.18.1
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objective of having the project complete and in effect prior to the 2023 election. It was acknowledged in
this request that staff had performed the work in the past, but that the complicated and sometimes
controversial processes could benefit from assistance from an outside consultant to supplement the
expertise and knowledge in GIS and the Clerk’s Office.
While the budget process was underway, the current Council term started and the Election Code
Committee began meeting with its current membership. At one of the first ECC meetings of the term in
September of 2021, the committee discussion included a review of upcoming priorities, including
redistricting. Committee members expressed questions regarding whether a consultant was necessary for
the work at this time and also requested to have this work wrapped up as quickly as possible ahead of the
2023 election. There was a determination subsequently made by staff that IT would be able to support
the work as they had in the past, and to follow that path, using some of the allocated funding to backfill
other needs in IT as necessary.
Steps in Local Redistricting
The City’s redistricting work could not begin until the County completed redrawing its precinct lines in
accordance with the new State Congressional, House, and Senate districts. Precincts are most significant
for election administration. Under the Uniform Election Code the County is bound by, precinct size is
based on registered voters and can be as high as 2,000 voters per precinct when a county conducts mail
ballot elections using vote centers. Larimer County’s Board of County Commissioners has authorized
precincts of that size.
Precincts are also the building block of any representative district, and City precinct boundaries typically
align with County precincts. County precincts within Fort Collins are comprised of Fort Collins voters,
although in some instances County precinct lines also include portions of Larimer County outside of City
boundaries. A City precinct cannot be comprised of more than one County-level precinct and under the
requirements of the City Charter, districts must be comprised of undivided general election precincts
established by the County. Therefore the City was unable to develop any proposals for new district
boundaries until the County precincts were known.
Once precinct data from the County was available, GIS began work on developing potential scenarios for
new districts. To do so, 2020 Census block population totals were used to calculate total population for
each precinct and for determining the ideal population size of each district.8
Timeline of Significant Dates
• November 1, 2021 – Final approval of Colorado congressional district boundaries
• November 15, 2021 – Final approval of Colorado State House and Senate district boundaries
• January 25, 2022 – Larimer County Board of Commissioners adoption of the County Clerk and
Recorder’s redrawn precinct boundaries
• February 4, 2022 – Larimer County Elections staff provided precinct maps to the City Clerk’s Office,
which forwarded that information on to GIS
• April 11, 2022 – GIS provided two different options for district boundaries compliant with the
requirements of City Charter and Code
8 https://demography.dola.colorado.gov/
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• April 18, 2022 – Draft option maps provided to Election Code Committee for consideration and
discussion
• May 9 & 31 and June 16, 2022 – Additional Election Code Committee consideration of redistricting
options
• July 5 & 19, 2022 – planned consideration of redistricting options by the full Council
Considerations in Redistricting
City Code and Charter Requirements
The City Charter includes general parameters regarding Council district boundaries.
• Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact
districts, each of which shall consist of contiguous, undivided general election precincts and, to the
extent reasonably possible, an equal number of inhabitants. The districts shall be numbered
consecutively in a clockwise fashion beginning with the northeast district, which shall be District 1.
The Council shall establish by ordinance the process for adjusting district boundaries and giving notice
of any proposed boundary changes, and the manner of protesting such proposed changes. (Charter
Article II, Section 1, (c))
City Code includes additional more specific requirements around establishing and adjusting Council
districts.
• The City Council shall by ordinance divide the City into as many election precincts for municipal
elections as it may deem expedient for the convenience of registered electors in the City, and shall
designate by resolution the polling place within each precinct. Insofar as practicable, boundaries of
election precincts in the City shall correspond with the election precincts established by the County.
(Sec. 7-66 (a))
• Pursuant to the Charter, the City is hereby divided into six (6) Districts. (from Sec. 7-86)
• The City Council shall, by ordinance, amend the boundaries of the foregoing districts as necessary to
comply with the provisions of Article II, Section 1(c) of the Charter. (from Sec. 7-87 (a))
• Not more than eighteen (18) months after the official decennial publication of the United States
Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the
City Council any district boundary changes necessary to ensure that, to the extent reasonably possible,
there is no more than a ten-percent deviation between the most populous and the least populous
district. (Sec. 7-87 (b))
• The need to amend precinct boundaries pursuant to § 7-71(b) shall automatically cause the City Clerk
to review current population deviations, regardless of how long it has been since the last review. If
the deviation is found to exceed ten (10) percent, the City Clerk shall recommend that the City Council
make boundary adjustments, and present the Council with possible redistricting options that to the
maximum extent possible equalize the population in each district, subject to the requirements for
contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with a maximum
permissible deviation of ten (10) percent between the most populous and least populous district.
(Sec. 7-87 (d))
It is not a requirement of either City Code or Charter, but it has been an ongoing practice as well to avoid
making any changes to districts that would remove a currently seated member of the City Council from
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their district. It would be a legal question for resolution to determine if a member were in a different
district after redistricting whether that member would continue to serve the duration of their term.
In terms of timing for adopting new districts, there are several parameters in City Code that must be
considered.
• Before Council action, there must be adequate notice given via newspaper publication. This must
occur first at least 14 days before the date of the first reading of a redistricting ordinance. (Sec. 7-87
(a))
• Recommendations for district boundary changes must be made to the City Council not more than 18
months after the official decennial publication of the U.S. Census. (Sec. 7-87 (b))
• Any district boundary changes must be established no less than 180 days before a regular municipal
election. (Sec. 7-87 (e))
The latest date redistricting must be approved by would be October 4, 2022, based on the Code
requirement for changes to be established no later than 180 days before a regular municipal election,
currently next scheduled to occur on April 4, 2023. The City Clerk’s Office has been working to bring this
process forward in advance of the final October deadline in alignment with the feedback from members
of the Election Code Committee expressing a desire to see these changes made well in advance of the
next election.
There is also a consideration associated with the scope of changes that have occurred to precincts, and as
a result ultimately to districts. It is significant to note the County established its precincts based on active
registered voter counts and allowed precincts as large as 2,000 active voters. This translates into
significantly larger precincts when looking at overall population, as the City does in establishing districts.
In total population counts, several precincts are significantly larger than they have been in the past, with
total population counts exceeding 8,000 residents in some instances.
This precinct size differential has been most impactful in the overall reduction in the number of precincts
within Fort Collins. Previously, there were 110 City precincts. After the County’s reprecincting, there are
now 68 City precincts. Because these precincts are the building blocks for districts, having fewer, much
larger blocks provides fewer options for arranging districts that meet the parameters required under City
Charter and Code, particularly for equal population across districts and ensuring districts are reasonably
compact and contiguous.
Guidance from CML
Redistricting must comply with all local, state, and federal laws, including the Federal Voting Rights Act.
Because of the constraints faced in trying to work with the new precincts established, there appear to be
only two options for potential district boundaries that comport with Fort Collins’ local laws, its Charter
and Code, as well as established practices. Other considerations have not to this stage been a part of
developing these options given the challenges. For Council’s awareness, the Colorado Municipal League
(CML) has prepared a number of resources for municipalities to help support local redistricting efforts. A
primer published in the Colorado Municipalities magazine in 2011 was updated and provided again on
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CML’s website following the 2020 Census.9 CML also cosponsored a webinar with the Colorado Municipal
Clerks Association (CMCA) in mid-2021 to help prepare municipalities for the redistricting process.10
State law does not establish requirements for redistricting at the municipal level. There are some
provisions in the Municipal Election Code specific to establishing precincts, however in Fort Collins, as a
home rule municipality, local code provisions supersede those provisions of Municipal Election Code in
Title 31 of state statute.
CML’s guidance is helpful in evaluating other provisions that may be taken into consideration alongside
the City’s Code and Charter. It also can help provide a degree of uniformity across localities while still
leaving space for municipal home rule provisions.
Constitutional Doctrines
• Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution
o “One person – one vote” Reynolds v. Sims, 377 U.S. 533 (1964)
o “as nearly as is practicable one [person’s] vote in a congressional election is to be worth as
much as another’s.” Wesberry v. Sanders, 376 U.S. 1, 7-8 (1964)
• Constitutional mandate relating to not diluting racial groups – “Minority voting strength is
impermissibly diluted when large concentrations of minority population are … fragmented and
disbursed.” Carstens v. Lamm, 543 F. Supp. 68, 85-86 (D. Colo. 1982)
Non-Constitutional Case Law Considerations
CML also outlines several decisions from state and federal courts that have implemented non-
constitutional requirements to be considered in a redistricting process. These include:
• Compactness (also a required consideration under Fort Collins City Code)
o Standard measured by making a circle around the entire district created and comparing the
ration of the area of the district itself with the area of the circle itself, seeking to bring these
figures as close to a one-to-one ratio as possible.
o Equality of population takes precedence over compactness under case law.
• Contiguity (also a required consideration under Fort Collins City Code)
• Preservation of communities of interest
o “A community of interest is a population that shares common social and economic interests
that should be included within a single district for purposes of its effective and fair
representation”
o “populations or communities that have common needs and interests reflected in patterns of
geography, social interaction, trade, and common interests.”
o "In Colorado, community of interest considerations may also include agricultural or industrial
identity, water issues, transportation concerns, and comparison of growth rates. Colo. Const.
Art. V § 47(3)
o Includes consideration of the requirements of the Voting Rights Act as well.
9 https://www.cml.org/docs/default-source/default-document-library/redistricting---a-municipal-
perspective.pdf?sfvrsn=e3fab4a4_0
10 https://www.cml.org/home/publications-news/resource-detail/the-2020-census-local-government-redistricting-
what-you-need-to-know
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ATTACHMENT 2N.18.2Packet Pg. 246Attachment: Election Code Committee Minutes (11758 : Redistricting)
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N.18.2Packet Pg. 250Attachment: Election Code Committee Minutes (11758 : Redistricting)
N.18.2Packet Pg. 251Attachment: Election Code Committee Minutes (11758 : Redistricting)
N.18.2Packet Pg. 252Attachment: Election Code Committee Minutes (11758 : Redistricting)
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N.18.2Packet Pg. 254Attachment: Election Code Committee Minutes (11758 : Redistricting)
Redistricting
07/05/2022
Ordinance First Reading
City Clerk’s Office, GIS, and City Attorney’s Office
ATTACHMENT 3 N.18.3
Packet Pg. 255 Attachment: Powerpoint Presentation (11758 : Redistricting)
Requirements and Steps
Redistricting Process
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Packet Pg. 256 Attachment: Powerpoint Presentation (11758 : Redistricting)
Redistricting/Reprecincting at Different Levels of Government in Colorado 3
Newly established Colorado
Independent Congressional
Redistricting Commission &
Colorado Independent
Legislative Redistricting
Commission created state-
wide Congressional and
state Senate & House plans
with decennial census data
Larimer County redrew
precinct boundaries after
statewide redistricting
•No precincts could be
part of more than one
State or Congressional
district
•No redistricting by County
City must both reprecinct
and redistrict under the
requirements of the City
Charter and Code
•City precincts must align
with County precincts
•Districts must be made of
undivided precincts
State County Municipal
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Packet Pg. 257 Attachment: Powerpoint Presentation (11758 : Redistricting)
4Fort Collins Redistricting Timeline
·April 26, 2021 –2020 Census Apportionment results released, including calculation of congressional
seats to be allocated to each state
·August 12, 2021 –Redistricting Data summary files from the decennial census first released, with the
full redistricting data toolkit released on September 16, 2021
·November 1, 2021 –Final approval of Colorado congressional district boundaries
·November 15, 2021 –Final approval of Colorado State House and Senate district boundaries
·January 25, 2022 –Larimer County Board of Commissioners adoption of the County Clerk and
Recorder ’s redrawn precinct boundaries
·February 4, 2022 –Larimer County Elections staff provided precinct maps to the City Clerk’s Office,
which forwarded that information to GIS
·April 11, 2022 –GIS provided two different options for district boundaries compliant with the
requirements of City Charter and Code
·April 18, 2022 –Draft option maps provided to Election Code Committee for consideration and
discussion
·May 9 & 31 and June 16, 2022 –Additional Election Code Committee consideration of redistricting
options
·July 5 & 19, 2022 –Planned consideration of redistricting options by the full Council
·October 4, 2022 –Deadline for completion of redistricting ahead of the planned 2023 Municipal
Election
N.18.3
Packet Pg. 258 Attachment: Powerpoint Presentation (11758 : Redistricting)
Requirements Under Charter
Council district boundaries. The city shall be divided
into six (6) contiguous, reasonably compact districts,
each of which shall consist of contiguous, undivided
general election precincts and, to the extent
reasonably possible, an equal number of inhabitants.
The districts shall be numbered consecutively in a
clockwise fashion beginning with the northeast
district, which shall be District 1. The Council shall
establish by ordinance the process for adjusting
district boundaries and giving notice of any proposed
boundary changes, and the manner of protesting
such proposed changes. (Charter Article II, Section 1,
(c))
5
N.18.3
Packet Pg. 259 Attachment: Powerpoint Presentation (11758 : Redistricting)
Requirements Under Code
·The City Council shall by ordinance divide the City into as many
election precincts for municipal elections as it may deem expedient
for the convenience of registered electors in the City, and shall
designate by resolution the polling place within each precinct.
Insofar as practicable, boundaries of election precincts in the City
shall correspond with the election precincts established by the
County. (Sec. 7-66 (a))
·Pursuant to the Charter, the City is hereby divided into six (6)
Districts. (from Sec. 7-86)
·The City Council shall, by ordinance, amend the boundaries of the
foregoing districts as necessary to comply with the provisions of
Article II, Section 1(c) of the Charter. (from Sec. 7-87 (a))
·Not more than eighteen (18) months after the official decennial
publication of the United States Census concerning the population
of the City of Fort Collins, the City Clerk shall recommend to the
City Council any district boundary changes necessary to ensure
that, to the extent reasonably possible, there is no more than a
ten-percent deviation between the most populous and the least
populous district. (Sec. 7-87 (b))
6
N.18.3
Packet Pg. 260 Attachment: Powerpoint Presentation (11758 : Redistricting)
Legal Requirements set out in Charter or Code for Redistricting 7
•Districts must be
contiguous and reasonably
compact
•Districts must consist of
contiguous, undivided
general election precincts
•Districts must, to the extent
reasonably possible,
contain an equal number of
residents
•Maximum permissible
deviation of 10% between
most and least populous
districts
N.18.3
Packet Pg. 261 Attachment: Powerpoint Presentation (11758 : Redistricting)
Four Options
Redistricting Options
N.18.3
Packet Pg. 262 Attachment: Powerpoint Presentation (11758 : Redistricting)
Option 1 9
•Option 1
N.18.3
Packet Pg. 263 Attachment: Powerpoint Presentation (11758 : Redistricting)
Option 2 10
•Option 2
N.18.3
Packet Pg. 264 Attachment: Powerpoint Presentation (11758 : Redistricting)
Option 3 11
•Option 3
N.18.3
Packet Pg. 265 Attachment: Powerpoint Presentation (11758 : Redistricting)
Option 4 12
•Option 4
N.18.3
Packet Pg. 266 Attachment: Powerpoint Presentation (11758 : Redistricting)
For Questions or Comments, Please Contact:
THANK YOU!
Anissa Hollingshead, City Clerk
ahollingshead@fcgov.com 970-416-2995
N.18.3
Packet Pg. 267 Attachment: Powerpoint Presentation (11758 : Redistricting)
Correcting Population Splits 14
Process Followed:
1.Identify all Blocks that were split
2.For Blocks that were not split, convert to points at
centroid of block maintaining attributes
3.For Blocks that were split:
1.Select all address points that fall within
residential land use-not commercial or ind.
2.Remove addresses created after the census
3.Count number of addresses within each block
and add the total value to an attribute
4.Cut the census blocks in half on the county
precinct lines
5.Count the number of addresses within each
block part and add that to the block attributes
6.Determine percent of addresses within split
7.Apply to the census population count &
calculate total adjusted populated
N.18.3
Packet Pg. 268 Attachment: Powerpoint Presentation (11758 : Redistricting)
-1-
ORDINANCE NO. 084, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP
WHEREAS, Article II, Section 1 of the City Charter requires that the City be divided into
six contiguous, reasonably compact City Council districts, each of which shall consist of
contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal
number of inhabitants; and
WHEREAS, pursuant to City Charter, redistricting must be completed not less than 180
days before the next regular election; and
WHEREAS, pursuant to City Code Section 7-87(b), not more than 18 months after the
official decennial publication of the United States Census concerning the population of Fort
Collins, the City Clerk must recommend to the City Council any district boundary changes
necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent
(10%) deviation between the most populous and the least populous City Council districts; and
WHEREAS, in light of the legal precedents and guidance related to determining voter
districts, communities of interest and impacts to ethnic and racial populations are also taken into
account in redistricting decisions; and
WHEREAS, in light of significant changes to the Larimer County general election
precincts, upon which the Council District map must be based, staff recently completed a review
of the adjustments required to existing districts to incorporate those changes, seeking to
minimize the deviation between the most and least populous City Council districts based on the
population data available this year from the 2020 Census; and
WHEREAS, pursuant to the above-referenced provisions, the City Clerk presented
alternative district boundary changes to the Election Code Committee for consideration and
comment, and based on the Committee’s discussion, has presented four alternative district
boundary changes for the City Council's consideration; and
WHEREAS, from those four alternatives, the City Council has selected an alternative that
it believes best serves the interests of the residents of the City and comports with the
requirements of the City Charter and Code; and
WHEREAS, the district boundary changes are consistent with Larimer County’s general
election precinct boundaries as required; and
WHEREAS, the City Clerk caused the publication of notices of proposed district
boundary amendments to be made in accordance with the requirements of City Code Section 7-
87; and
WHEREAS, the new Council district-precinct map attached as Exhibit “A” depicts
adjusted precinct boundaries and adjusted Council district boundaries.
Packet Pg. 269
-2-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the district-precinct map dated July 5, 2022, a copy of which is
attached as Exhibit “A” and incorporated herein by this reference, is hereby adopted and shall be
in effect for the following purposes:
(1) determining eligibility for City Council offices for the 2023 regular
municipal election; and
(2) determining eligibility of any interim appointments to fill any City
Council vacancies which may occur following the effective date of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of
July, A.D. 2022, and to be presented for final passage on the 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Packet Pg. 270
^
^
^
^
^
^S COLLEGE AVE
W HORSETOOTH RD
W MULBERRY ST
S SHIELDS STLAPORTE AVE
S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV
E
R
S
ID
E
AV
E
S OVERLAND TRLW DRAKE RD
E PROSPECT RD
W WILLOX LN
S TAFT HILL RDW VINE DR
COUNTRY CLUB RD
E VINE DR
RICHARDS LAKE RD
W MOUNTAIN AVE
E
W
I
LLOXLN
E TRILBY RD
W PROSPECT RD
E COUNTY ROAD 38
E MULBERRY ST
JE
F
F
E
R
S
O
N
S
T
E DOUGLAS RD
COUNTY ROAD 54G
NLEMAY AVEN COLLEGE AVEWCOUNTYROAD 38EE COUNTY ROAD 50MOUNTAINVISTA
D
R
N TIMBERLINE RDTERRYLAKERDG
R
E
G
O
R
Y
R
D
KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD
STATE HIGHWAY 392
W HARMONY RD
W DOUGLAS RDN
U
S
H
I
G
HW
A
Y
2
8
7
NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD
E DRAKE RD
ELINCO
L
N
AV
E
S COUNTY ROAD 13CARPENTER RD
E COUNTY ROAD 52
S COUNTY ROAD 11S
S
UMMI
T
V
I
E
W
D
R
S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48
N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54
N COUNTY ROAD 9E HARMONY RD
District 2
District 5
District 4
District 6
District 1
District 3
407 400 690
355
490
390
368
369
301
603
606
600
601
602
205
693
103
206
343
306
300
104
309
311
329
336
335
328
330
334
326348
349
337 338
314327
315
352
351
353
354
331
332
333
356
357
350
347
365
364
360
345
342
346
340
321
341
322
211
209
210
325
317
316324
366
358
359
367
307
310
313
312 308
323
339
362
344
363 361
303
320
319
318 305
304
302
Exhibit A - Option 1
Printed: June 08, 2022
Redistricting Option 1
District 1
District 2
District 3
District 4
District 5
District 6
County Precinct
^Council Member Locations
1 28302 28322 100.1%0.1%
2 28302 27383 96.8%-3.2%
3 28302 28897 102.1%2.1%
4 28302 28576 101%1%
5 28302 28209 99.7%-0.3%
6 28302 28423 100.4%0.4%
District Ideal Population Total Population Percentage of Ideal Percentage From Ideal
169,810 28,302 -3.2%2.1%5.3%
Total Population Ideal District
Populaion
Lowest Change Highest Change Maximum Deviation
362Precinct ID:
N.A
Packet Pg. 271 Attachment: Exhibit A Option 1 (11761 : Redistricting ORD)
^
^
^
^
^
^S COLLEGE AVE
W HORSETOOTH RD
W MULBERRY ST
S SHIELDS STLAPORTE AVE
S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV
E
R
S
ID
E
AV
E
S OVERLAND TRLW DRAKE RD
E PROSPECT RD
W WILLOX LN
S TAFT HILL RDW VINE DR
COUNTRY CLUB RD
E VINE DR
RICHARDS LAKE RD
W MOUNTAIN AVE
E
W
I
LLOXLN
E TRILBY RD
W PROSPECT RD
E COUNTY ROAD 38
E MULBERRY ST
JE
F
F
E
R
S
O
N
S
T
E DOUGLAS RD
COUNTY ROAD 54G
NLEMAY AVEN COLLEGE AVEWCOUNTYROAD 38EE COUNTY ROAD 50MOUNTAINVISTA
D
R
N TIMBERLINE RDTERRYLAKERDG
R
E
G
O
R
Y
R
D
KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD
STATE HIGHWAY 392
W HARMONY RD
W DOUGLAS RDN
U
S
H
I
G
HW
A
Y
2
8
7
NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD
E DRAKE RD
ELINCO
L
N
AV
E
S COUNTY ROAD 13CARPENTER RD
E COUNTY ROAD 52
S COUNTY ROAD 11S
S
UMMI
T
V
I
E
W
D
R
S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48
N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54
N COUNTY ROAD 9E HARMONY RD
District 2
District 5
District 4
District 6
District 1
District 3
407 400 690
355
490
390
368
369
301
603
606
600
601
602
205
693
103
206
343
306
300
104
309
311
329
336
335
328
330
334
326348
349
337 338
314327
315
352
351
353
354
331
332
333
356
357
350
347
365
364
360
345
342
346
340
321
341
322
211
209
210
325
317
316324
366
358
359
367
307
310
313
312 308
323
339
362
344
363 361
303
320
319
318 305
304
302
Exhibit A - Option 2
Printed: June 08, 2022
Redistricting Option 2
District 1
District 2
District 3
District 4
District 5
District 6
County Precinct
^Council Member Locations
1 28302 28050 99.1%-0.9%
2 28302 29156 103%3%
3 28302 28808 101.8%1.8%
4 28302 28077 99.2%-0.8%
5 28302 29015 102.5%2.5%
6 28302 26704 94.4%-5.6%
District Ideal Population Total Population Percentage of Ideal Percentage From Ideal
169,810 28,302 -5.6%3%8.6%
Total Population Ideal District
Populaion
Lowest Change Highest Change Maximum Deviation
362Precinct ID:
N.B
Packet Pg. 272 Attachment: Exhibit A Option 2 (11761 : Redistricting ORD)
^
^
^
^
^
^S COLLEGE AVE
W HORSETOOTH RD
W MULBERRY ST
S SHIELDS STLAPORTE AVE
S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV
E
R
S
ID
E
AV
E
S OVERLAND TRLW DRAKE RD
E PROSPECT RD
W WILLOX LN
S TAFT HILL RDW VINE DR
COUNTRY CLUB RD
E VINE DR
RICHARDS LAKE RD
W MOUNTAIN AVE
E
W
I
LLOXLN
E TRILBY RD
W PROSPECT RD
E COUNTY ROAD 38
E MULBERRY ST
JE
F
F
E
R
S
O
N
S
T
E DOUGLAS RD
COUNTY ROAD 54G
NLEMAY AVEN COLLEGE AVEWCOUNTYROAD 38EE COUNTY ROAD 50MOUNTAINVISTA
D
R
N TIMBERLINE RDTERRYLAKERDG
R
E
G
O
R
Y
R
D
KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD
STATE HIGHWAY 392
W HARMONY RD
W DOUGLAS RDN
U
S
H
I
G
HW
A
Y
2
8
7
NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD
E DRAKE RD
ELINCO
L
N
AV
E
S COUNTY ROAD 13CARPENTER RD
E COUNTY ROAD 52
S COUNTY ROAD 11S
S
UMMI
T
V
I
E
W
D
R
S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48
N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54
N COUNTY ROAD 9E HARMONY RD
District 2
District 5
District 4
District 6
District 1
District 3
407 400 690
355
490
390
368
369
301
603
606
600
601
602
205
693
103
206
343
306
300
104
309
311
329
336
335
328
330
334
326348
349
337 338
314327
315
352
351
353
354
331
332
333
356
357
350
347
365
364
360
345
342
346
340
321
341
322
211
209
210
325
317
316324
366
358
359
367
307
310
313
312 308
323
339
362
344
363 361
303
320
319
318 305
304
302
Exhibit A - Option 3
Printed: June 08, 2022
Redistricting Option 3
District 1
District 2
District 3
District 4
District 5
District 6
County Precinct
^Council Member Locations
1 28302 28675 101.3%1.3%
2 28302 28504 100.7%0.7%
3 28302 27343 96.6%-3.4%
4 28302 29229 103.3%3.3%
5 28302 28807 101.8%1.8%
6 28302 27252 96.3%-3.7%
District Ideal Population Total Population Percentage of Ideal Percentage From Ideal
169,810 28,302 -3.7%3.3%7%
Total Population Ideal District
Populaion
Lowest Change Highest Change Maximum Deviation
362Precinct ID:
N.C
Packet Pg. 273 Attachment: Exhibit A Option 3 (11761 : Redistricting ORD)
^
^
^
^
^
^S COLLEGE AVE
W HORSETOOTH RD
W MULBERRY ST
S SHIELDS STLAPORTE AVE
S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV
E
R
S
ID
E
AV
E
S OVERLAND TRLW DRAKE RD
E PROSPECT RD
W WILLOX LN
S TAFT HILL RDW VINE DR
COUNTRY CLUB RD
E VINE DR
RICHARDS LAKE RD
W MOUNTAIN AVE
E
W
I
LLOXLN
E TRILBY RD
W PROSPECT RD
E COUNTY ROAD 38
E MULBERRY ST
JE
F
F
E
R
S
O
N
S
T
E DOUGLAS RD
COUNTY ROAD 54G
NLEMAY AVEN COLLEGE AVEWCOUNTYROAD 38EE COUNTY ROAD 50MOUNTAINVISTA
D
R
N TIMBERLINE RDTERRYLAKERDG
R
E
G
O
R
Y
R
D
KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD
STATE HIGHWAY 392
W HARMONY RD
W DOUGLAS RDN
U
S
H
I
G
HW
A
Y
2
8
7
NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD
E DRAKE RD
ELINCO
L
N
AV
E
S COUNTY ROAD 13CARPENTER RD
E COUNTY ROAD 52
S COUNTY ROAD 11S
S
UMMI
T
V
I
E
W
D
R
S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48
N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54
N COUNTY ROAD 9E HARMONY RD
District 2
District 5
District 4
District 6
District 1
District 3
407 400 690
355
490
390
368
369
301
603
606
600
601
602
205
693
103
206
343
306
300
104
309
311
329
336
335
328
330
334
326348
349
337 338
314327
315
352
351
353
354
331
332
333
356
357
350
347
365
364
360
345
342
346
340
321
341
322
211
209
210
325
317
316324
366
358
359
367
307
310
313
312 308
323
339
362
344
363 361
303
320
319
318 305
304
302
Exhibit A - Option 4
Printed: June 08, 2022
Redistricting Option 4
District 1
District 2
District 3
District 4
District 5
District 6
County Precinct
^Council Member Locations
1 28302 28675 101.3%1.3%
2 28302 28504 100.7%0.7%
3 28302 27343 96.6%-3.4%
4 28302 29229 103.3%3.3%
5 28302 26781 94.6%-5.4%
6 28302 29278 103.4%3.4%
District Ideal Population Total Population Percentage of Ideal Percentage From Ideal
169,810 28,302 -5.4%3.4%8.8%
Total Population Ideal District
Populaion
Lowest Change Highest Change Maximum Deviation
362Precinct ID:
N.D
Packet Pg. 274 Attachment: Exhibit A Option 4 (11761 : Redistricting ORD)