HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/19/2023Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, December 19, 2023
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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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,
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Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
December 19, 2023 at 6:00 PM
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
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
No proclamations scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this 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 required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
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• 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 on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person 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 has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
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
their own Section, titled “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 November 21, 2023 Regular Meeting, the
November 28, 2023 Adjourned Meeting, and the December 5, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the November 21, 2023 regular meeti ng,
the November 28, 2023 adjourned meeting, and the December 5, 2023 regular meeting.
2. Second Reading of Ordinance No. 163, 2023, Appropriating Unanticipated Revenue in the
Transportation Services Fund for “Work For Others” Program Expenses.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, appropriates
$700,000 in unanticipated revenue in the Transportation Services Fund received for work to be
completed through the Planning, Development, and Transportation’s “Work for Others” program.
This appropriation will be used for costs corresponding to the program and the generated
revenue.
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3. Second Reading of Ordinance No. 164, 2023, Appropriating Prior Year Reserves for the
Golf Enterprise.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an
appropriation of $185,000 from golf reserves to the 2023 budget associated with the additional
costs in golf related to higher revenues.
4. Second Reading of Ordinance No. 165, 2023, Appropriating Prior Year Reserves and New
Philanthropic Revenue Received through City Give for Various Programs and Services as
Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests an
appropriation of $11,968.53 in philanthropic revenue received through City Give. These
miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
5. Second Reading of Ordinance No. 166, 2023, Amending Chapters 18 and 26 of the Code of
the City of Fort Collins Regarding Mobile Home Park Management and Livability.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, presents Municipal
Code updates related to the livability issues identified by residents, property managers, and
owners of manufactured housing communities/mobile home parks in our community. This item
also addresses analysis of unmet needs in the State of Colorado Mobile Home Park Oversight
Program.
Staff’s recommendation includes the following Code changes:
● Expansion of authorization to conduct inspections in mobile home parks to include not only the
Building Official, but also Specially Commissioned Officers under the Chief of Police.
● Establishment of protection for use and installation of clotheslines by residents in mobile home
parks in Section 18-6(g).
● Establishment of protection for use and installation of window-mounted air conditioning units or
evaporative coolers on homes within mobile home parks in Section 18-6(h).
● Establishment of new water utility billing/rebilling transparency requirements for Fort Collins
Utility mobile home park water customers including:
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer directly provide a designated Specially Commissioned Officer, or
authorize such Officer to obtain, a copy of a notice, correspondence, invoice, and water leak
notice from the water utility within seven days of receipt in Section 18-7(c).
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer participates in the continuous consumption of water usage/leak
notifications system through Fort Collins Utilities in Section 18-7(c).
○ Authorize the City’s water utility in serving a mobile home park to provide the designat ed
Specially Commissioned Officer a copy of any notice, correspondence, invoice, and water leak
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notice sent to the mobile home park in Section 18-7(c). Add a cross-reference to these
changes to Section 26-97 (water utility lines; general regulations).
○ Acknowledge, as a condition of service, the designated Specially Commissioned Officer may
exercise the power to audit and collaborate with the City’s water utility to verify and maintain
accuracy of water rebilling by the mobile home park.
6. Second Reading of Ordinance No. 167, 2023, Amending Chapters 3 and 17 of the Code of
the City of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with
State Law Changes and Adding Municipal Code Violations for Certain Alcohol-Related
Offenses.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests approval
of the proposed amendments to Chapter 3 (Alcohol Beverages) and Chapter 17 (Miscellaneous
Offenses).
7. Second Reading of Ordinance No. 168, 2023, Amending Article III of Chapter 25 of the Code
of City of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase
Effective January 1, 2024.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends Section
25-75 of City Code to reflect the 0.50% sales and use tax approved by the voters at the City’s
November 7, 2023, election. The City of Fort Collins tax rate will increase from 3.85% to 4.35%
beginning January 1, 2024. The use of the revenue is specifically identified in the ballot measure
and, in general, may be used for parks and recreation facilities, environmental sustainability, and
for public transit system improvements. The tax will not apply to: (1) items exempt from sales and
use tax under the City Code; (2) food for home consumption; and (3) for the use tax only,
manufacturing equipment.
The Ordinance would also amend Section 25-75 to remove reference to a 0.85% sales and use
tax that expired at midnight on December 31, 2020. City staff is recommending this change as a
clean-up item to remove extraneous provisions from the City Code
8. Second Reading of Ordinance No. 169, 2023, Amending Chapter 2, Article III of the Code
of the City of Fort Collins to Update Ex-officio Member Provisions for Various Boards and
Commissions.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an
amendment to add an ex-officio seat for the Housing Catalyst to the Affordable Housing Board
and to eliminate ex-officio members from the Art in Public Places Board and Water Commission.
9. Second Reading of Ordinance No. 170, 2023, Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland
Water District.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, authorizes a
permanent non-exclusive utility easement over a portion of the Northern Colorado Regional
Airport property to allow for the installation and maintenance of a regional waterline to serve the
Fort Collins-Loveland Water District’s (the “District”) public water system. This project will directly
benefit the Airport by providing water infrastructure to areas that currently lack it and ser vice
connection points, which have been strategically located to serve future Airport development.
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10. Second Reading of Ordinance No. 171, 2023, Vacating a Portion of Public Right-of-Way
Dedicated by the Redwood Village PUD Phase II Plat.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, approves the
vacation of a portion of public right-of-way that has never been used for street purposes. Once
this right-of-way area is vacated, the property will be privately developed as a multifamily housing
project, and new public right-of-way will be dedicated to support the housing project and provide
public street connections to the adjacent Northfield subdivision.
11. Second Reading of Ordinance No. 172, 2023, Adopting the 2024 Classified Employee Pay
Plan.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, recommends the
2024 City Classified Employee Pay Plan. Classified jobs are grouped according to job functions,
a business practice commonly used by both the public and private sectors. Pay ranges are
developed by career group (management, professional, administrative, operations and trades)
and level for each job function. The result of this work is a City Classified Employee Pay Plan
(Pay Plan) which sets the minimum, midpoint, and maximum pay ranges for the level within each
career group and function. Actual employee pay increases are awarded through a separate
administrative process in accordance with the budgeted amount approved by Council.
12. Second Reading of Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Salary of the Chief Judge.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code
to establish the 2024 compensation of the Chief Judge. Council met in executive session on
November 28, 2023, to conduct the performance review of Jill Hueser, Chief Judge and to
consider the salary market analysis for this position.
13. Second Reading of Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Salary of the City Attorney.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code
to establish the 2024 compensation of the City Attorney. Council met in executive session on
November 28, 2023, to conduct the performance review of Carrie Daggett, City Attorney and to
consider the salary market analysis for this position.
14. Resolution 2023-112 Approving an Intergovernmental Agreement with Poudre School
District and Poudre River Public Library District to Acquire Land and Construct the
Southeast Community Center.
The purpose of this item is to review the terms of a draft intergovernmental agreement (the IGA)
covering land acquisition, constructions, and operation of the Southeast Community Center
(SCC).
Poudre School District (PSD) intends to convey to the City at no charge a parcel of land adjacent
to Fossil Ridge High School as the site for the SCC. This no-charge conveyance is contingent
upon PSD’s full funding of a 15% cost share of the indoor swim lanes construction, operation, and
maintenance, includes of the value of the land.
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This IGA is a critical first agreement, and throughout 2024 there will be additional agreements
drafted and executed:
● Purchase and Sale Agreement between the City and PSD for the land acquisition (PSA, April
2024), subject to Council approval;
● Facility Use Agreement between the City and PSD governing PSD’s use of City aquatic facilities
(subsequent to November 2024 elections); subject to City Manager approval;
● Separate IGA between the City and Poudre River Public Library District (PRPLD) (TBD 2024)
governing the Library’s property interest, the facility design, cost sharing, and ongoing
operations, subject to Council approval.
The facility was first conceived as a leisure-swim and maker/creator community space with no
lane-swim capacity as part of the April 2015 Community Capital Improvement Plan ballot initiative.
Subsequent efforts around community engagement, the 2022 Aquatics Study, and the recently
passed 2023 ½-cent sales tax have surfaced an opportunity for an expanded recreation facility
combined with a library branch. PSD and PRPLD have been highly collaborative partners with
staff in drafting this agreement and working toward the full-featured community center proposed
within the IGA.
15. Resolution 2023-113 Making Appointments to the Cultural Resources Board.
The purpose of this item is to fill vacancies on the Cultural Resources Board.
16. Resolution 2023-114 Making an Appointment to the Parks and Recreation Board.
The purpose of this item is to fill a vacancy on the Parks and Recreation Board.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced 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
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Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
17. Reconsideration of Ordinance No. 136, 2023, Repealing and Reenacting Section 20-1 of the
Code of the City of Fort Collins to Adopt the Land Development Code and Separately
Codifying the 1997 Land Use Code as “2023 Transitional Land Use Regulations,” Following
a Successful Referendum Petition.
The purpose of this item is to provide Council with the options available for action following the
presentation of a petition certified as sufficient for referendum. These options include:
● OPTION 1: Repealing the Ordinance subject to the referendum petition.
First Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing
and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land
Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional
Land Use Regulations”, and Related Ordinance No. 137, 2023, and Ordinance No. 138, 2023.
○ This option includes language repealing the associated Ordinance Nos. 137, 2023, and 138,
2023, that respectively made updates to City Code to align with the revised Land Use Code
and renamed the Neighborhood Conservation zone districts to the Old Town zone district in
alignment with the revised Land Use Code.
○ If this option is approved, Council may choose to discuss next steps regarding a revised
version of the repealed Land Use Code.
or
● OPTION 2: Referring the Ordinance to a vote of the registered electors of the City. Such
referral can be to the next regular or special election called for any other purpose or can
be to a special election called for that specific purpose:
Resolution 2023-115 Referring Ordinance No. 136, 2023, Repealing and Reenacting Section
29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately
Codifying the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations” to a
Vote of the Registered Electors of the City at the Next Municipal Election.
○This would refer the Ordinance to the November 4, 2025, Regular Municipal Election or the
next special election called for any purpose prior to that date.
and, if desired,
● OPTION 2A: Calling a Special Election
First Reading of Ordinance No. 176, 2023, Calling a Special Municipal Election for the Purpose
of Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 136, 2023,
Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the
Revised Land Use Code and Separately Codifying the1997 Land Use Code as the “Pre-2024
Transitional Land Use Regulations.”
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18. Resolution 2023-116 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, the City of Loveland, and the Federal Aviation
Administration for Continued Federal Funding of Air Traffic Control Services at the
Northern Colorado Regional Airport.
The purpose of this item is to authorize the City Manager t o execute an agreement with the City
of Loveland and the Federal Aviation Administration (FAA) for the Northern Colorado Regional
Airport (Airport) to enter the FAA Contract Tower (FCT) Program. The FCT Program will result in
the Airport continuing to receive federally funded Air Traffic Control services (ATC Services). ATC
Services are currently funded through FAA’s Next Gen office as part of the Remote Tower Project.
However, that funding will be ending December 31, 2023, and entering the FCT Program will
provide a continuation of ATC Services paid for by FAA. Acceptance in the Contract Tower
Program ensures ATC Services for a period of 60 months while a permanent facility is
constructed.
By executing this agreement, the Cities will be committing to take steps toward the design and
construction of a brick-and-mortar tower along certain milestones set by the FAA. This agreement
does not prohibit the Airport from continuing to pursue in parallel a remote tower project. Despite
the Cities’ commitment under the agreement, the Cities will be able to terminate the agreement
on 90 days written notice with or without cause, and any financial commitment by the Cities is
subject to appropriation by their respective City Councils.
19. Resolution 2023-117 Expressing Gratitude and Appreciation to Shirley Peel for her Service
and Contributions to the Community as City Councilmember.
The purpose of this item is to recognize the work and contributions of Councilmember Shirley
Peel during her time on City Council.
P) OTHER BUSINESS
OB 1. 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.)
OB 2. Consideration of motion to call a special meeting for the Council Organizational
Meeting.
"I move that City Council call a special meeting pursuant to Section 2-29 of the City Code to
be held at 6:00 p.m. on Tuesday, January 9, 2024, for the purpose of the Council
Organizational Meeting, which will include swearing in of those elected at the November 2023
municipal election and selection of a Mayor Pro Tem."
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OB 3. Consideration of a motion to go into executive session.
This motion is to consider going into executive session to conduct the annual evaluation of
the City Manager.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting annual
performance review of City Manager.”
City Manager: 75 minutes
Note: Time is approximate with breaks, as necessary.
Q) 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 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.
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 advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
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 aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Anissa N. Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 21, 2023 Regular Meeting, the
November 28, 2023 Adjourned Meeting, and the December 5, 2023 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the November 21, 2023 regular meeting, the
November 28, 2023 adjourned meeting, and the December 5, 2023 regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, November 21, 2023
2. Draft Minutes, November 28, 2023
3. Draft Minutes, December 5, 2023
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Item 1.
City of Fort Collins Page 224 City Council Proceedings
November 21, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring November 4, 2023 as Fort Collins ARO Flag Football Teams State
Competition Day (Special Olympics).
PP 2. Declaring November 18, 2023 as National Injury Prevention Day.
PP 3. Declaring November 23, 2023 as Transgender Day of Remembrance and Resiliency.
PP 4. Declaring December 2, 2023 as CHSAA Championship Saturday.
PP 5. Declaring November 2023 as Epilepsy Awareness Month.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
Assistant City Clerk Ann Marie Sharratt
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Item 1.
City of Fort Collins Page 225 City Council Proceedings
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
All items on the consent agenda were recommended for approval.
The items on the discussion agenda were reviewed.
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Derrin Evans, Fort Collins resident, commented on over expansion and experience growing up in San
Diego, asking what rate of expansion landfills and water sources can sustain.
Adam Eggleston, Fort Collins resident, took the opportunity in the spirit of Thanksgiving to express
appreciation and gratitude for the work of the Council and City staff on behalf of the community, noting
both the responsiveness of staff regardless of the issue or personal views and the commitment of
Council to navigating challenges.
Patricia Babbitt, Fort Collins resident, expressed thanks to everyone who supported her write in
candidacy in the mayoral election, offering an observation that too few Fort Collins residents feel like
voting is important.
Kimberly Chambers, Fort Collins resident, offered thanks to the Council for issuing the Transgender
awareness month proclamation, noting yesterday was the Transgender Day of Remembrance, this
year memorializing the loss of 63 lives of transgender people over the last 12 months. Chambers also
provided information about Splash Youth opening a teen center, serving individuals up to age 24, as
a safe space for LGBTQ young people.
Dan McDonald, Fort Collins resident, spoke to make Council aware of a serious issue affecting
disabled residents of the city as a result of reliable public transportation, both public and private. As
someone confined to a wheelchair due to MS, McDonald shared transportation requires a handicap
accessible van with no options available after 6 pm.
Public comment concluded at 6:21 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Canonico spoke to the statements of Dan McDonald regarding the lack of availability
of safe transit options. She spoke regarding seeing a community member and advocate today having
trouble crossing a busy intersection on Harmony, as well as her efforts in meeting with Dial A Ride.
City Manager DiMartino spoke to emerging discussions City teams will be engaged in around
additional options in this realm, including exploring microtransit opportunities.
Councilmember Canonico also expressed thanks to all candidates who ran in this election and offered
congratulations to all who won.
Mayor Arndt also offered her support for the importance of accessible public transit and thanked City
Manager DiMartino for staff’s focus on this.
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I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson pulled items 17 and 23 from the consent calendar.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the October 17, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the October 17, 2023 regular meeting.
Approved.
2. Second Reading of Ordinance No. 139, 2023, Approving the Fiscal Year 2024 Budget, and
Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development
Authority, and Fixing the Mill Levy for the Downtown Development Authority for Property
Taxes Payable Fiscal Year 2024.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, sets the Downtown
Development Authority (DDA) Budget.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $6,435,066
DDA Operations & Maintenance $1,477,626
Revolving Line of Credit Draws $9,000,000
DDA Debt Service Fund $9,431,611
The Ordinance sets the 2024 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since
tax year 2002. The approved Budget becomes the Downtown Development Authority's financial
plan for 2024.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 140, 2023, Adopting the 2024 Budget and Appropriating
the Fort Collins Share of the 2024 Fiscal Year Operating and Capital Improvements Funds
for the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, adopts the 2024
budget for the Northern Colorado Regional Airport and appropriates Fort Collins’s share of the
2024 fiscal year operating and capital funds for the Airport. Under the Amended and Restated
Intergovernmental Agreement for the Joint Operation of the Airport between Fort Collins and
Loveland (the “IGA”), the Airport is operated as a joint venture with each city owning 50% of the
assets and revenues and responsible for 50% of the operating and capital costs. The proposed
budget does not include any financial contributions from the City’s General Fund. Because each
city has an ownership interest in 50% of the Airport revenues, each city must appropriate its 50%
share of the annual operating and capital budget for the Airport under the IGA.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 141, 2023, Appropriating Philanthropic Revenue
Received by City Give for the 2023 Parks Independence Day Celebration.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, appropriates
philanthropic revenue designated for the 2023 Parks Independence Day Celebration.
Adopted on Second Reading.
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5. Second Reading of Ordinance No. 142, 2023, 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 October 17, 2023, appropriates
$45,221 in philanthropic revenue received by City Give for the Art in Public Places (APP) program.
This grant award was received from Bohemian Foundation for the designated purpose of Pianos
About Town, a collaborative effort among the City’s Art in Public Places program, the Fort Collins
Downtown Development Authority (DDA), and the donor, Bohemian Foundation.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 143, 2023, Making a Supplemental Appropriation,
Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing
Intergovernmental Agreements for the Air Toxics Community Monitoring Project.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, appropriates an
award the City received in the amount of $499,139 for an Air Toxics Community Monitoring Project
Grant from the Environmental Protection Agency (EPA) to provide air toxic monitoring that
responds to concerns of residents in underserved communities, builds a broader understanding
of air quality issues through innovative approaches including storytelling and art and empowers
residents to engage in policy and regulatory discussions. This three-year project will be conducted
in partnership with Colorado State University and the Larimer County Department of Health and
Environment, with support from the Colorado Department of Public Health and Environment and
various community organizations.
The purpose of this item is to support the Air Toxics Community Monitoring project by:
● Appropriating $499,139 of unanticipated grant revenue awarded by the EPA
● Appropriating $70,178 from the General Fund reserves
● Utilizing matching funds in the amount of $3,230 from existing 2023 appropriations into this
new grant project
This item would authorize the City to accept the grant award and comply with the terms and
conditions. This item would also authorize the City to enter into an agreement with Colorado State
University to conduct the work contemplated by the grant agreement.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 144, 2023, Appropriating Unanticipated Revenue From
a CDOT Safe Routes to School Grant and Authorizing Transfers for the Zach Elementary
School Crossings Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, enables the City to
receive and expend federal, Colorado Department of Transportation (CDOT), and local funds for
the Zach Elementary School Crossings Project (the Project). The funds will be used to design and
construct improvements at the intersection of Kechter Road and Jupiter Drive and at the
intersection of Kechter Road and Cinquefoil Lane. These improvements will create safer
conditions for bicyclists, pedestrians, and motorists traveling in this location. If approved, the item
will: 1) authorize the Mayor to execute an intergovernmental agreement (IGA) for the Project with
CDOT; 2) appropriate $745,587 of Safe Routes to School (SRTS) grant funds for the Project; 3)
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appropriate matching funds from the SRTS School Transportation Safety Studies; 4) appropriate
matching funds from the Bicycle Community Capital Improvement Program (Bicycle CCIP); 5)
appropriate matching funds from the Pedestrian Community Capital Improvement Program
(Pedestrian CCIP); 6) acknowledge anticipated funds contributed by the Poudre School District
(PSD); and 7) appropriate funds to the Art in Public Places Program.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 145, 2023, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2024; Amending the Budget for
the Fiscal Year Beginning January 1, 2024, and Ending December 31, 2024; and Fixing the
Mill Levy for Property Taxes Payable Fiscal Year 2024.
This Ordinance, unanimously adopted on First Reading on October 17, 2023, amends the
adopted 2024 Budget. This Ordinance sets the amount of $802,507,950 to be appropriated for
fiscal year 2024. This appropriated amount does not include what is also being appropriated by
separate Council/Board of Director actions to adopt the 2024 budgets for the General
Improvement District (GID) No. 1 of $318,275, the 2024 budget for GID No. 15 (Skyview) of
$1,000, the Urban Renewal Authority (URA) 2024 budget of $6,121,898 and the Downtown
Development Authority 2024 budget of $26,344,303. The sum of these ordinances results in City-
related total appropriations of $835,293,426 for 2024. This Ordinance also sets the 2024 City mill
levy at 9.797 mills, unchanged since 1991.
On Second Reading, some minor additional edits have been made to the recitals and Section 4
of the Ordinance to identify that budgeted grant funds for Transfort are designated as a non-
lapsing appropriation, and that other grants and donations will be separately appropriated when
necessary.
Adopted on Second Reading.
9. Items Relating to 2024 Utility Rates, Fees, and Charges.
A. Second Reading of Ordinance No. 146, 2023, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees, and Charges and Updating the Related Income-
Qualified Assistance Program.
B. Second Reading of Ordinance No. 147, 2023, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates, Fees, and Charges.
C. Second Reading of Ordinance No. 148, 2023, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Wastewater Rates, Fees, and Charges.
D. Second Reading of Ordinance No. 149, 2023, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates, Fees, and Charges.
These Ordinances, unanimously adopted on First Reading on October 17, 2023, proposed the
2024 Utility Rates for Council consideration, which align with the 2024 City Manager’s
Recommended Budget. Monthly utility charges are proposed to increase 5% for electric
customers, 4% for water customers, 4% for wastewater customers, and 3% for stormwater
customers.
Adopted all Ordinances on Second Reading.
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10. First Reading of Ordinance No. 150, 2023, Making a Supplemental Appropriation for the
Oak Street Stormwater Improvements Project.
The purpose of this item is to request appropriation to cover the expenses related to the recent
bond issuance for the Oak Street Stormwater Improvements Project.
The Stormwater Utility Enterprise Board unanimously adopted Ordinance No. 011 on October 3,
2023, authorizing a bond issuance in the Stormwater Fund for the construction of the Oak Street
Stormwater Improvements project. Following the sale and closing of the bonds’ gross proceeds,
the amount of $40.4M have been paid into the Stormwater Fund on October 31, 2023.
This first appropriation request is being brought for your consideration to cover expenses for the
recent bond issuance, including closing costs and underwriter’s fees associated with closing of
the bond. Payment for expenses will be made by the end of 2023.
The total amount being requested for appropriation is: $375,931.
A second appropriation request will be brought forth once the construction contractor selection
process is complete and the construction contract value has been finalized. The anticipated
schedule is late December 2023 or January 2024.
Adopted on First Reading.
11. First Reading of Ordinance No. 151, 2023, Appropriating Prior Year Reserves in the General
Fund and Transportation Services Fund for Snow Removal.
The purpose of this item is to appropriate prior year reserves to cover snow removal costs that
have exceeded the 2023 budget. Overspend in the snow budget is driven by severe snowstorms
that present cold temperatures, ice, and higher volumes of snow.
Adopted on First Reading.
12. First Reading of Ordinance No. 152, 2023, Appropriating Philanthropic Revenue Received
by City Give for the 9/11 Memorial, Park Planning and Design for the Construction of the
9/11 Memorial at Spring Park.
The purpose of this item is to request appropriation of $24,870.70 for the designated purpose
toward the park planning and design for the construction of the 9/11 Memorial at Spring Park,
2100 Mathews Street, Fort Collins, Colorado.
A partnership between the City of Fort Collins and Poudre Fire Authority (PFA), the 9/11 Memorial
will be located in midtown Fort Collins, and will honor firefighters, emergency medical technicians,
law enforcement officers, and nearly 3,000 others who lost their lives on September 11, 2001.
Adopted on First Reading.
13. First Reading of Ordinance No. 153, 2023, Appropriating Philanthropic Revenue by City
Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit.
The purpose of this item is to request appropriation of $5,850 in philanthropic revenue received
by City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit as designated
by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
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14. First Reading of Ordinance No. 154, 2023, Making Supplemental Appropriations of
Unanticipated Grant Revenue and Authorizing Transfers for Transfort and Ebus Charging
Equipment.
The purpose of this item is to appropriate unanticipated grant funding for Transfort operational
and capital needs.
Adopted on First Reading.
15. First Reading of Ordinance No. 155, 2023, Appropriating Unanticipated Revenue and
Authorizing Transfers for Replacement of Bicycle Racks in Downtown Fort Collins.
The purpose of this item is to support replacement of aged and corroded bike racks with new bike
racks that provide improved accessibility along downtown sidewalks by:
● Appropriating $15,050 of unanticipated grant revenue awarded by Colorado Department of
Transportation (CDOT); and
● Utilizing matching funds in the amount of $1,672 from existing 2023 appropriations for this new
grant project.
Pursuant to the State of Colorado Small Dollar Grant Terms and Conditions (Attachment 3), and
in accordance with Section 1-22 of the City Code, the City Manager has accepted this grant
agreement.
Adopted on First Reading.
16. First Reading of Ordinance No. 156, 2023, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice of Unanticipated Grant Revenue for Various
Restorative Justice Services Programs.
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services
within Community Development and Neighborhood Services.
Additional grant funds in the amount of $12,000 have been awarded from the Colorado Division
of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative
Justice Services, which includes the RESTORE program for shoplifting offenses, and the
Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses.
The $12,000 in grant funds are in addition to a grant awarded to Restorative Justice Services
earlier this year from DCJ in the amount of $57,356, bringing the total amount of the awarded
grant to $69,356. No match is required and the grant period is July 1, 2023, to June 30, 2024.
Adopted on First Reading.
17. First Reading of Ordinance No. 157, 2023, Making A Supplemental Appropriation,
Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
The purpose of this item is to support the Zero Carbon Performance Code Project by:
● Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE);
● Appropriating $152,127 from Light and Power Fund reserves;
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● Transferring $7,600 matching funds from existing 2023 appropriations in the Light & Power
Fund; and
● Appropriating $46,842 from General Fund reserves.
In July 2023, the Department of Energy (DOE) awarded the City of Fort Collins (City) $693,595
under the Bipartisan Infrastructure Law, Resilient and Efficient Codes Implementation (RECI)
funding. The award supports development of a Zero Carbon Performance Energy Code
framework by 2030 to meet energy use and carbon emissions reduction targets and replace
prescriptive energy code models. This framework will be developed as a Code path to include
successive code update cycles focused on an end goal of zero carbon new construction in the
2030 code cycle.
This project directly aligns with Our Climate Future’s Big Move 6 “Efficient, Emission s Free
Buildings.” It also recognizes the importance of building energy codes as an effective strategy to
improve health and safety, comfort, climate resilience and lower energy costs within community
buildings.
While the DOE did not provide the final grant agreement before first reading of this Ordinance,
staff is seeking approval to being spending resources toward the City’s anticipated match. The
City’s $206, 569 match will be met principally through Energy Services and Building Services staff
personnel time. Upon presentation of its final grant agreement and DOE confirmation of its
$693,505 award (anticipated to occur before or contemporaneous with second reading), the DOE
grant will be applied to reimburse project partners and the City. DOE funds and th e City’s match
support total project costs of $900,164.
Pulled from Consent Calendar.
18. First Reading of Ordinance No. 158, 2023, Amending the City’s Master Street Plan.
The purpose of this item is to request approval by Council of proposed amendments to the Master
Street Plan for the purposes of implementing recommendations from the North College MAX Plan,
regular clean-up items, and a request from Montava.
Adopted on First Reading.
19. First Reading of Ordinance No. 159, 2023, Authorizing the Purchasing Agent to Enter into
a Contract for Services, Professional Services and/or Construction in Excess of Five Years
for the Golf Professional and the Food and Beverage Concessionaire at City Park Nine Golf
Course.
The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-
186(a), to enter into a contract greater than five years in length for the Golf
Professional/Concessionaire at City Park Nine Golf Course. This contract was originally awarded
by competitive purchasing processes in accordance with City Code Section 8-158, Competitive
sealed proposals. The contract for the Golf Professional/Concessionaire includes a provision for
the City to extend the contract for up to an additional five years, subject to Counc il approval.
Extending the contract for the Golf Professional/Concessionaire at City Park Nine Golf Course is
in the City’s best interest.
Adopted on First Reading.
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20. First Reading of Ordinance No. 160, 2023, Approving the Vacation of a Drainage Easement
Located on Tract A of the Old Town North, Fifth Filing Subdivision.
The purpose of this item is to approve an Ordinance that would vacate a 0.808 acre drainage
easement (the “Easement”) that was dedicated on Tract A of the Plat of the Old Town North Fifth
Filing (the “Subdivision”) for the benefit of the City because the Easement is no longer required
by the City’s Stormwater Utilities Department.
Adopted on First Reading.
21. First Reading of Ordinance No. 161, 2023, Authorizing the Conveyance of Three Permanent
Easements and a License to Enter to Colorado State University for Installation of Fiber
Optic Cables on City Property.
The purpose of this item is to approve an Ordinance that would permit the conveyance of three
(3) permanent easements (the “Easements”) and one (1) license to enter (the “License”) to
Colorado State University (“CSU”) for the installation and operation of fiber optic cables on City
property to connect the Powerhouse Energy Campus (the “Powerhouse Campus”) located at 430
North College Avenue to the CSU main campus and allow for future CSU fiber optic connectivity
to the Powerhouse 2 facilities.
Adopted on First Reading.
22. Resolution 2023-094 Approving an Exemption to the Competitive Purchasing Process to
Procure Cornerstone OnDemand, Inc.’s Talent Management Software.
The purpose of this item is to request approval of an exception to the competitive purchasing
process to continue to use Cornerstone as the City’s Talent Management software. The City’s
existing five-year agreement with Cornerstone for the software will expire in December 2023 and
the City seeks to enter into a new agreement with Cornerstone. Not continuing the City’s
contractual relationship with Cornerstone would substantially impede the City’s administrative
functions and would also harm the City’s financial interests.
Adopted.
23. Resolution 2023-095 Adopting the City’s 2024 Legislative Policy Agenda.
The purpose of this item is to consider and adopt the City's 2024 Legislative Policy Agenda. Each
year the Legislative Review Committee develops a legislative agenda to assist in the formation,
analysis, and advocacy of pending legislation and regulation. The Legislative Policy Agenda is
used as a guide by Council and staff to determine positions on legislation and regulation under
consideration at the state and federal levels and as a general reference for state legislators and
the City’s congressional delegation.
The Legislative Review Committee reviewed and made changes/updates at the October 3, 2023,
meeting and reviewed and recommended adoption at the November 14, 2023, meeting.
Pulled from Consent Calendar.
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24. Public Hearing and Resolution 2023-096 Approving $1.2 Million in HOME Investment
Partnership Act American Rescue Plan Act Funding to the Heartside Hill Affordable
Housing Development.
The purpose of this item is to approve the funding recommendations of $1.2 Million in HOME
Investment Partnership Act-American Rescue Plan Act funding (HOME-ARP) to the Heartside Hill
affordable housing development.
Adopted.
25. Resolution 2023-097 Approving the 2024 Operating Plan and Proposed Budget of the Fort
Collins Midtown Business Improvement District.
The purpose of this item is to consider a Resolution approving the Fort Collins Midtown Business
Improvement District’s 2024 Annual Budget and 2024 Operating Plan, which are attached as
Exhibits A and B, respectively, to the proposed Resolution.
Adopted.
26. Resolution 2023-098 Approving the 2024 Annual Plan and Proposed Budget of the Fort
Collins Tourism Improvement District.
The purpose of this item is to consider a Resolution approving the Fort Collins Tourism
Improvement District’s 2024 Annual Budget and 2024 Annual Plan, which are attached as Exhibits
A and B, respectively, to the proposed Resolution.
Adopted.
27. Resolution 2023-099 Making an Appointment to the Human Services and Housing Funding
Board.
The purpose of this item is to appoint Michael Kulisheck to the Human Services and Housing
Funding Board. Michael Kulisheck was originally appointed in 2020, however, his term has
expired, creating a vacancy he has applied to fill.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-16, 18-22, and 24-27 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Pignataro: asked on item 22, the exemption to the competitive purchasing process, if
there will be a final process prior to second reading. City Manager DiMartino indicated she would
check into that about not yet having a final price, and if we will have that price by second reading.
DiMartino will follow up
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On item 26, Councilmember Pignataro requested clarification on the Colorado Tourism District
regarding why they have a contingency and reserves and what they see as the difference between
those two. Josh Birks, Deputy Director, Sustainability Services, indicated he would need to follow up
with that answer.
On item 27, Mayor Arndt commented and offered congratulations to Mike Kulisheck on his
appointment to the Human Services and Housing Funding Board, noting confidence in his service.
Councilmember Ohlson commented on items 19 & 22 as similar items, both extending contracts
beyond five years. He requested in the future long term contracts should be presented early enough
to allow other considerations if needed in the event Council doesn’t support extending it, rather than
a month and a half before a 5-year contract expires. He shared he doesn’t have any trouble with these
two contracts but as a matter of good policy the role of Council should be respected with more timely
consideration of options.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Shirley Peel gave a shout out to Natural Areas for work that was done on the parking
lot at Cathy Fromme that was much needed.
Councilmember Susan Gutowsky shared appreciation for the impressive special event by the Air
Force ROTC at Veterans Plaza on Veterans Day; and also noted the annual turning on of the holiday
lights was also a very special event in partnership with the DDA that never loses its luster. She
encouraged residents to spend time in our beautiful downtown and patronizing our small businesses.
Mayor Jeni Arndt noted the ongoing work of Don Butler for his commitment to guiding the North Fort
Collins Business Association in running the Coats and Boots project, now in its 17th year, this year
delivering new items, delivering 2,417 pieces of new outdoor wear to more than 1200 children in the
PSD. Don has raised over $100,000 for the program. Scheels Sporting Goods has also been a good
partner in the program in helping supply discounted wear.
Councilmember Julie Pignataro shared about the recently concluded National League of Cities
conference in Atlanta that she attended along with Councilmembers Gutowsky and Canonico. She will
also be serving on the NLC’s Women in Municipal Government board for the next two years. She
concluded by noting sessions and conversations at NLC clearly demonstrated housing is an issue
throughout the United States.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
17. First Reading of Ordinance No. 157, 2023, Making A Supplemental Appropriation,
Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
The purpose of this item is to support the Zero Carbon Performance Code Project by:
● Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE);
● Appropriating $152,127 from Light and Power Fund reserves;
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● Transferring $7,600 matching funds from existing 2023 appropriations in the Light & Power
Fund; and
● Appropriating $46,842 from General Fund reserves.
In July 2023, the Department of Energy (DOE) awarded the City of Fort Collins (City) $693,595
under the Bipartisan Infrastructure Law, Resilient and Efficient Codes Implementation (RECI)
funding. The award supports development of a Zero Carbon Performance Energy Code
framework by 2030 to meet energy use and carbon emissions reduction targets and replace
prescriptive energy code models. This framework will be developed as a Code path to include
successive code update cycles focused on an end goal of zero carbon new construction in the
2030 code cycle.
This project directly aligns with Our Climate Future’s Big Move 6 “Efficient, Emissions Free
Buildings.” It also recognizes the importance of building energy codes as an effective strategy to
improve health and safety, comfort, climate resilience and lower energy costs within community
buildings.
While the DOE did not provide the final grant agreement before first reading of this Ordinance,
staff is seeking approval to begin spending resources toward the City’s anticipated match. The
City’s $206,569 match will be met principally through Energy Services and Building Services staff
personnel time. Upon presentation of its final grant agreement and DOE confirmation of its
$693,595 award (anticipated to occur before or contemporaneous with second reading), the DOE
grant will be applied to reimburse project partners and the City. DOE funds and the City’s match
support total project costs of $900,164.
There was not a staff presentation, however staff was available for questions.
There was no public comment on this item.
Councilmember Ohlson commented on a paragraph in the Agenda Item Summary that implied
businesses and others with vested economic interests get a seat at the table to offer input on
developing work product relating to environmental issues where members of the public do not have
that same access through the working groups that are convened by the City, expressing his
disappointment with what is being presented today and offering his dissent.
Mayor Pro Tem Francis noted her perceptions are different and requested clarification from staff on
intent.
Staff member Brad Smith with Energy Services commented on the intent to deviate from the typical
process used of a development code committee typically made up exclusively of those in the building
industry. Instead, the objective is to convene a much more diverse group including a range of
stakeholders, including environmental advocates, to participate in this process.
Councilmember Ohlson indicated language around vested interests does not demonstrate the type of
approach he is looking to see.
Councilmember Canonico offered her interpretation vested interests can include a range of
perspectives, including around environmental concerns, affordability and other issues.
Councilmember Pignataro asked if there will be follow up with the Council what kind of working group
is formed. City Manager DiMartino noted the staff team has heard clearly from Council the importance
of a diverse work group and are happy to share the makeup of this group as it comes together.
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Councilmember Ohlson noted that historically ‘vested interest’ implies economic interests, and
suggested more care on wording used is important.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on First
Reading Ordinance No. 157, 2023, Making A Supplemental Appropriation, Appropriating Prior
Year Reserves, Authorizing Transfers and Authorizing the City Manager to Enter into an
Agreement for the Zero Carbon Performance Code Project.
The motion carried 6-1.
Ayes: Councilmembers Gutowsky, Peel, Canonico, and Pignataro, Mayor Pro Tem Francis, and
Mayor Arndt.
Nays: Councilmember Ohlson.
23. Resolution 2023-095 Adopting the City’s 2024 Legislative Policy Agenda.
The purpose of this item is to consider and adopt the City's 2024 Legislative Policy Agenda. Each
year the Legislative Review Committee develops a legislative agenda to assist in the formation,
analysis, and advocacy of pending legislation and regulation. The Legislative Policy Agenda is
used as a guide by Council and staff to determine positions on legislation and regulation under
consideration at the state and federal levels and as a general reference for state legislators and
the City’s congressional delegation.
The Legislative Review Committee reviewed and made changes/updates at the October 3, 2023,
meeting and reviewed and recommended adoption at the November 14, 2023, meeting.
There was no staff presentation or public comment on this item.
Councilmember Ohlson asked if the language that was struck under the Recycling and Solid Waste
Reduction section, that had been listed as item 6, regarding supporting extended producer
responsibility initiatives that fund recycling programs was moved or if something was passed in the
legislature. He shared his belief this is one of the most important things that can be done at the local
level to reduce the need for recycling.
Mayor Arndt noted the producer responsibility bill was passed last year under the leadership of
Senator Lisa Cutter. This is currently in rule making.
Councilmember Ohlson talked about Colorado having one of the worst rates of recycling in the
country, as a recent story in the Denver Post documented, solidifying why this is so important to him
and encouraging the City to remain involved in rule making.
In the Housing Section, Councilmember Ohlson noted he does not support item 8, regarding support
for consideration of incentives and/or requirements to encourage land use reforms that will increase
housing supply statewide, as that seems similar to what the State tried to do last year. He stated he
views these issues as a matter of home rule and local control and something the City should do at
the local level rather than asking the State to step into that space.
Lead Project Manager Ginny Sawyer noted there was conversation the recycling piece that was
discussed. She noted the struck language has actually already been added back into the clean copy
based on the interest in remaining engaged in rulemaking as was just requested.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt Resolution
2023-095, Adopting the City’s 2024 Legislative Policy Agenda.
The motion carried 6-1.
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Ayes: Councilmembers Peel, Canonico, Pignataro, and Gutowsky, Mayor Pro Tem Francis, and
Mayor Arndt.
Nays: Councilmember Ohlson.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
28. First Reading of Ordinance No. 162, 2023, Adopting the East Mulberry Plan as an Update
of the 2002 East Mulberry Corridor Plan.
The purpose of this item is for Council to consider adoption of the draft East Mulberry Plan and
potential annexation considerations related to the plan. Staff will share a potential approach to
annexation for Council to consider based on a concept referred to as “Thresholds.”
Chief Financial Officer Travis Storin provided an introduction to this topic and the work done by staff
in accordance with the guidance of Council to produce this plan in parallel with a robust public
engagement effort. Storin also noted concerns heard from some community members about the
predictability of actions under this plan, while also noting annexation is not the primary focus of the
plan.
Senior Policy and Project Manager Sylvia Tatman-Burrus - noted tonight’s presentation would include
briefly reviewing information already provided at the recent work session, as well as the additional
information provided to City Council today in read before packet materials, including information from
the Planning and Zoning Commission hearing with that body’s recommendations. Tatman-Burruss
and Senior Long Range Planner Megan Keith presented as set forth in the slide deck in the agenda
materials.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro asked staff to talk about the annexation transition committee and whether
it is right-sized. Planner Keith noted the committee is a requirement of Colorado Revised Statutes
based on parameters of 100 people and 50 acres, which a number of thresholds for annexation may
meet, leading to the recommendation this committee be formed with the first threshold undertaken,
with a primary purpose of ensuring adequate communication about the annexation.
Councilmember Gutowsky asked who does the selection of annexation transition committee
members. Planner Keith noted leadership positions in each entity make selections for county and city
members, with those initial members developing an application process to identify people who are
interested in serving who are within the threshold area.
Councilmember Peel expressed appreciation to staff for the hard work on this plan and the approach
used, including incorporating lessons learned from the South College Annexation. In responses to
questions about ensuring we clearly know who is responsible for specific roads post-annexation,
Planner Keith pointed to data between the County and the City about maintenance responsibilities.
CFO Storin identified how the Mulberry Plan lays out the 46 miles of roads potentially involved, with
clarity on which agency a given mile of roadway falls under. What may not be satisfactory is the level
of standards for maintenance under each responsibility, but there are not similar areas in this plan
area without clarity on who is responsible as occurred in some parts of the South College Plan.
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Peel also asked about electric lines and that being dependent on budget, and how it can be assured
this will not be put on hold indefinitely. CFO Storin spoke to how the thresholds model can reduce the
predictability of when services are rolled out in different parts of the city, given there may not always
be clear lines of sight for adding service with each threshold. The overall intent, however, is to
ultimately ensure full underground electric service is provided throughout the enclave when annexed.
Peel asked how the City will prevent agricultural businesses being displaced due to annexation and
zone changes. Planner Keith indicated the plan includes specific considerations for maintaining these
businesses, including adding these types of businesses to the City’s industrial zone classification.
Regarding effects on small businesses, Peel spoke about the hardship of bringing businesses up to
code as part of any redevelopment. She expressed concern about the level of discretion that seems
to be given to whomever is conducting the development review. Planner Keith indicated there is some
existing flexibility within the City’s standards that can be applied in any part of the city, identifying
where in this plan this flexibility can be used to support identified goals in the plan. Councilmember
Peel commented that this is a concern as it may not do enough to protect small businesses. Peel also
asked about the capacity of the Economic Health Office to support businesses in the area under the
threshold approach. Planner Keith indicated that is something that will need to be looked at as each
threshold moves forward, also noting smaller areas moving forward at a time may also help support
staff capacity. Peel also asked when collaboration with Larimer County on development review would
start. Tatman-Burruss indicated this is already happening when applications for property contiguous
with city boundaries come in to Larimer County and this will continue.
Mayor Pro Tem Francis expressed thanks to staff on the work done, noting it is both a thoughtful plan
and thoughtful approach. Francis also offered thanks to Councilmember Peel for her advocacy and
determination to ensure the City has learned from issues that arose in prior annexations. Mayor Arndt
reiterated those remarks and also expressed appreciation for the hard work of the Planning and
Zoning Commission in considering these topics and making thoughtful recommendations.
Councilmember Gutowsky also expressed appreciation for the development of the thresholds
approach that was able to get to this point from what had seemed like an overwhelming starting place.
Gutowsky asked at point in the process do discussions about the money for moving forward with
annexation. CFO Storin noted the financial analysis provides an overall look at this topic. As each
threshold moves forward, the financial analysis will need to looked at closely at that point as part of
the determination of whether to annex or note. For utilities, dollars will come from capital sources,
including bonding. On the government side, it would be through general fund, both for revenue and
expenses. Gutowsky also asked about the expected timing for being able to remake the Mulberry
corridor entrance view. Storin indicated the high-level answer is that is not known. He spoke
specifically to the approach to interchanges in partnership with CDOT, generally with 50% participation
by CDOT.
Councilmember Canonico added her gratitude to staff for their great work.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt Ordinance
No. 162, 2023, Adopting the East Mulberry Plan as an Update of the 2002 East Mulberry Corridor
Plan, incorporating the staff recommendations from the Planning and Zoning Commission, on
First Reading.
The motion carried 7-0.
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29. Resolution 2023-100 Expressing Gratitude and Appreciation to Deputy City Attorney John
Duval for his Contributions to the City and the Community.
The purpose of this item is to express gratitude and appreciation to John Duval for his
contributions to the City and the community as Deputy City Attorney.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
The members of Council each offered their individual appreciation to John Duval.
By unanimous consent, the rules of Council were suspended to allow a member of the public to address
Council. John Duval offered remarks regarding his service and history in the community of Fort Collins.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt Resolution
2023-100 Expressing Gratitude and Appreciation to Deputy City Attorney John Duval for his
Contributions to the City and the Community.
The motion carried 7-0.
Clerk’s Note: Mayor Arndt called for a 10-minute break at 7:50 p.m. The meeting resumed at
8:01 p.m.
30. Resolution 2023-101 Appointing Two Councilmembers to a Joint Committee with Loveland
Regarding Airport Governance for the Northern Colorado Regional Airport and Authorizing
Release of a Related Confidential Legal Memorandum.
The purpose of this item is to designate two Councilmembers to represent Fort Collins as part of
a joint committee with the Loveland City Council to discuss, evaluate and make recommendations
regarding alternative models of governance at the Northern Colorado Regional Airport.
City Manager Kelly DiMartino provided some background and context on this item, outlining recent
actions associated with the Northern Colorado Regional Airport and the work that has been
undertaken around the future of airport governance. DiMartino reviewed the two asks to Council
tonight, including the identification of two members of Council to share on a governing board, and also
to consider waiving attorney-client privilege to allow the release of a related confidential legal memo.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Mayor Arndt shared her support for making the memorandum public and also stated her willingness
to serve on this committee.
Councilmember Pignataro also stated support for releasing the memo and expressed willingness to
serve as well.
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Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt Resolution
2023-101 Appointing Two Councilmembers to a Joint Committee with Loveland Regarding
Airport Governance for the Northern Colorado Regional Airport, appointing Mayor Arndt and
Councilmember Pignataro and Authorizing Release of a Related Confidential Legal
Memorandum.
The motion carried 7-0.
P) OTHER BUSINESS
OB 1. 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.)
Q) ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m. on November 28, 2023, for the purpose of
annual performance evaluations of Council's direct-report employees:
Mayor Pro Tem Francis moved, seconded by Councilmember Peel, that Council adjourn this
meeting to 6:00 p.m. on Tuesday, November 28, 2023, in order to consider a motion to go into
executive session to conduct annual performance reviews of the Council’s direct report
employees, and for such other business as may come before the Council.
The motion carried 7-0.
At 8:08 p.m., the meeting was adjourned to 6:00 p.m. on November 28, 2023, in Council Chambers,
at 300 Laporte Avenue, Fort Collins.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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November 28, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
Clerk’s Note: No remote participation or FCTV broadcast. Public comment could be made
live in Council Chambers.
A) CALL MEETING TO ORDER
Mayor Jeni Arndt called the meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado.
B) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Susan Gutowsky
Councilmember Kelly Ohlson
Councilmember Shirley Peel
Councilmember Tricia Canonico
STAFF PRESENT
Assistant City Manager Denzel Maxwell
City Attorney Carrie Daggett
Deputy City Clerk Heather Walls
C) ITEMS FOR DISCUSSION
1. Consideration of a motion to adjourn into executive session.
The meeting of November 21, 2023 was adjourned to this date to consider going into executive
session to conduct the annual evaluations of the Chief Judge, City Manager, and City Attorney.
“I move that the City Council go into executive session, as permitted under Article Two, Section
Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes
Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting annual performance
reviews of the Chief Municipal Judge, City Attorney and City Manager.”
Chief Judge 60 minutes
City Manager 75 minutes
City Attorney 60 minutes
Note: Times are approximate with breaks, as necessary.
No public comment or Council discussion.
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Assistant City Manager Maxwell noted that due to the City Manager’s unexpected absence,
Council will partially complete the City Manager’s performance review and the evaluation will be
conducted at a later date.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to 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 annual performance reviews
of the Chief Municipal Judge, City Attorney and City Manager.
The motion carried 7-0.
The meeting recessed and reconvened at 6:04 p.m. in the Council Conference Room.
The meeting was closed at 6:06 p.m.
Present at this executive session were:
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Susan Gutowsky
Councilmember Kelly Ohlson
Councilmember Shirley Peel
Councilmember Tricia Canonico
Jennifer Volmer, Investigations Law Group
Anne Rooney McCord, Investigations Law Group
City Attorney Carrie Daggett entered the executive session at 6:15 p.m. and left at 7:24 p.m. Chief
Judge Jill Hueser entered at approximately 7:30 p.m. At 8:17 p.m., Volmer and McCord left the
executive session and Human Resources Executive Teresa Roche entered.
The executive session concluded at 9:06 p.m. and Council returned to the open meeting in
Council Chambers.
C) OTHER BUSINESS
None.
D) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:07 p.m.
___________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
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December 5, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring December 10, 2023 as Human Rights Day.
Mayor Pro Tem Emily Francis presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
Recommended adoption of the Consent Calendar as presented.
Reviewed minor amendments made to three items on the agenda Monday as well as the addition
of an Other Business item:
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o Revision to Item 30 to reflect in both the Agenda Item Summary and Resolution that there is
only one source for this software; and
o Updates to the salary ordinances in items 32 and 33 to include the recommended salary
amounts.
o Noted an item was added under Other Business to provide an update on the referendum
petition.
Reviewed the four discussion items.
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Erin Fussell, Fort Collins resident, indicated a desire to just listen to tonight’s meeting and hold any
comment.
Kevin Cross, Fort Collins resident, spoke to request Mayor Arndt, as a PRPA board member, support
an All Source RFP for dispatchable power, noting the board’s recent adoption of an All Source
resolution.
Barbara Krupnik-Goldman, Fort Collins resident, spoke regarding the PRPA proposal noting the
existence of a climate crisis and stating opposition to construction of a new gas plant without even
considering other sources of energy and requested Council support for Mayor Arndt to insist all power
sources be considered by PRPA.
Dolores Williams, Fort Collins resident, commented on PRPA plans to put out an RFP in the next year
for dispatchable energy and generating capacity, indicating a desire to see this include sources
beyond gas and asking for Mayor Arndt’s support.
Sally Dowiatt, Fort Collins resident, spoke to request considering directing PRPA to include renewals
in their RFP for dispatchable generating capacity, and referenced an article read in today’s
Washington Post about what gets people to change, noting it is the community and what we say and
do and commit to.
Keith Ela, Fort Collins resident, thanked Council for their service to the community and asked that
alternative energy sources be considered, such as purchasing power from renewable sources further
from here to accommodate when no sun or wind is available locally and asking for investigation into
how many days other regional communities also have no wind or sun on the same days as Fort
Collins. The grid allows us to bring power to our area from other resources.
Joe Rowan, Fort Collins resident, spoke in appreciation for the tenor of conversations around what a
policy does regarding the cost of housing. Rowan spoke in support of the diligence done by PRPA,
board members, and City staff in investigating options and supporting an RFP for a gas powered
turbine.
Fred Kirsch, Fort Collins resident, spoke representing themself as their organization has not yet had
a chance to meet and discuss this. Kirsch encouraged support for an All Source RFP.
John Border, a senior at CSU, spoke at the request of PRPA looking at all options for meeting peak
demand through an All Source RFP.
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Ed Behan, Fort Collins resident, spoke as a citizen and on behalf of Larimer Alliance in support of
PRPA issuing an All Source RFP.
Jaiden Wade, Fort Collins resident, spoke as a student with a passion for the community pushing for
support for PRPA’s issuance of an All Source RFP.
Gayla Maxwell Martinez, Fort Collins resident, spoke to encourage Mayor Arndt to support an All
Source RFP at the upcoming PRPA board meeting, noting we must stop burning fossil fuels.
Michael Stella, ASCSU member, came forward on behalf of ASCSU to present a thank you to
Councilmember Shirley Peel for her work and service to CSU students.
Kevin Jones, resident of the Fort Collins Urban Growth Area and Business Advocacy Director of the
Fort Collins Chamber, shared about monthly discussion forums conducted by the Chamber noting the
topic of the November civic conversation was City Priorities. From that conversation came the
following items: Housing Affordability, Reducing Homelessness, Improving Transit, Increasing
Recycling Options, and getting the Land Use Code passed for good.
Mary Alice Grant, Fort Collins resident, asked Council to refer the Land Use Code to the ballot, stating
the whole issue is so complicated and emotional for all City residents, while noting diversity comes in
many forms and the current Land Use Code is not diverse.
Ross Cunniff, Fort Collins resident, spoke about the referendum petition and subsequent potential
actions, noting Preserve Fort Collins strongly feels the Land Use Code should be referred to the ballot,
noting it is an issue that is core to the future of the city.
Ciara Mylen spoke regarding the gas power plant, stating support for looking at all options for meeting
future energy demand.
Eric Sutherland spoke about Connexion as the largest public policy failure in Colorado history, as an
effort that will never be able to pay its own interest.
Rick Casey, Fort Collins resident, spoke for himself and on behalf of Larimer Alliance about the choice
now to vigorously pursue renewable energy options, including through an RFP for All Source Power.
Charles Kopp, Fort Collins resident, spoke against the revised Land Use Code and noting the need
to put the interest of those already living in Fort Collins first and look to other methods around
increasing affordability.
Daisy Schaub, Fort Collins resident, requested prioritizing an All Source RFP for sustainable energy
options.
Jared Ross, Fort Collins resident, encouraged the City to pursue an All Source RFP rather than
continuing to support fossil fuels.
Owen Brinder, Fort Collins resident, requested prioritizing an All Source RFP for sustainable energy
options.
Martha Hedrick, Fort Collins resident, requested prioritizing an All Source RFP for sustainable energy
options and also noted that all Fort Collins voters should have the ability to have input on the land use
code by putting it on the ballot.
Elizabeth Hudetz, Fort Collins resident, requested prioritizing an All Source RFP for sustainable
energy options.
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Renee Walkup, Fort Collins resident, requested prioritizing an All Source RFP for sustainable energy
options.
Anya Kaplan-Hartnett and Hannah (no last name given), Straayer Center students, offered thanks on
behalf of the organization to Councilmember Peel for her dedication and service to residents and
students in Fort Collins.
Public comment concluded at 6:50 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Shirley Peel expressed appreciation for the acknowledgements from CSU students
as well as appreciation for the work of students.
Mayor Arndt spoke of her time in Dubai that just ended today at a local climate action conference,
where youth engagement was a major focus. She also noted the availability of grants focused on
youth engagement specifically for the 100 communities whose mayors participated in the summit,
sharing she has already reached out to ASCSU members on this opportunity.
Mayor Arndt also requested Utilities Director Kendall Minor address PRPA’s upcoming RFP. Minor
expressed thanks to the community for coming out to share comments tonight, noting the concerns
brought forward have been considered by PRPA and are included in the RFP submitted to the state
which is still under consideration. This is a process that must be completed to see the level of
renewables available. He also stated the shared goal remains moving to a solely renewable future.
The initial decision made regarding the gas turbine has been for permitting only at this point and will
remain under consideration until the current RFP process is complete at the end of 2024. City Manager
Kelly DiMartino also noted PRPA staff has put together additional information about their perspective
on the all source versus sequenced approach, and indicated there will be a follow up memo provided
that also includes this information.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Second Reading of Ordinance No. 150, 2023, Making a Supplemental Appropriation for the
Oak Street Stormwater Improvements Project.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates the
expenses related to the recent bond issuance for the Oak Street Stormwater Improvements
Project.
The Stormwater Utility Enterprise Board unanimously adopted Ordinance No. 011 on October 3,
2023, authorizing a bond issuance in the Stormwater Fund for the construction of the Oak Street
Stormwater Improvements project. Following the sale and closing of the bonds’ gross proceeds,
the amount of $40.4M have been paid into the Stormwater Fund on October 31, 2023.
This first appropriation request is being brought for your consideration to cover expenses for the
recent bond issuance, including closing costs and underwriter’s fees associated with closing of
the bond. Payment for expenses will be made by the end of 2023.
The total amount being requested for appropriation is: $375,931.
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A second appropriation request will be brought forth once the construction contractor selection
process is complete and the construction contract value has been finalized. The anticipated
schedule is late December 2023 or January 2024.
Adopted on Second Reading.
2. Second Reading of Ordinance No. 151, 2023, Appropriating Prior Year Reserves in the
General Fund and Transportation Services Fund for Snow Removal.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates prior
year reserves to cover snow removal costs that have exceeded the 2023 budget. Overspend in
the snow budget is driven by severe snowstorms that present cold temperatures, ice, and higher
volumes of snow.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 152, 2023, Appropriating Philanthropic Revenue
Received by City Give for the 9/11 Memorial, Park Planning and Design for the Construction
of the 9/11 Memorial at Spring Park.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates
$24,870.70 for the designated purpose toward the park planning and design for the construction
of the 9/11 Memorial at Spring Park, 2100 Mathews Street, Fort Collins, Colorado.
A partnership between the City of Fort Collins and Poudre Fire Authority (PFA), the 9/11 Memorial
will be located in midtown Fort Collins, and will honor firefighters, emergency medical technicians,
law enforcement officers, and nearly 3,000 others who lost their lives on September 11, 2001.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 153, 2023, Appropriating Philanthropic Revenue by City
Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates
$5,850 in philanthropic revenue received by City Give for Fort Collins Police Services for the 2024
Police Leaders’ Summit as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 154, 2023, Making Supplemental Appropriations of
Unanticipated Grant Revenue and Authorizing Transfers for Transfort and Ebus Charging
Equipment.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates
unanticipated grant funding for Transfort operational and capital needs.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 155, 2023, Appropriating Unanticipated Revenue and
Authorizing Transfers for Replacement of Bicycle Racks in Downtown Fort Collins.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates
funds to support replacement of aged and corroded bike racks with new bike racks that provide
improved accessibility along downtown sidewalks by:
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● Appropriating $15,050 of unanticipated grant revenue awarded by Colorado Department of
Transportation (CDOT); and
● Utilizing matching funds in the amount of $1,672 from existing 2023 appropriations for this new
grant project.
Pursuant to the State of Colorado Small Dollar Grant Terms and Conditions, and in accordance
with Section 1-22 of the City Code, the City Manager has accepted this grant agreement.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 156, 2023, Making a Supplemental Appropriation from
the Colorado Division of Criminal Justice of Unanticipated Grant Revenue for Various
Restorative Justice Services Programs.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates
grant revenue to fund Restorative Justice Services within Community Development and
Neighborhood Services.
Additional grant funds in the amount of $12,000 have been awarded from the Colorado Division
of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative
Justice Services, which includes the RESTORE program for shoplifting offenses, and the
Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses.
The $12,000 in grant funds are in addition to a grant awarded to Restorative Justice Services
earlier this year from DCJ in the amount of $57,356, bringing the total amount of the awarded
grant to $69,356. No match is required, and the grant period is July 1, 2023, to June 30, 2024.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 158, 2023, Amending the City’s Master Street Plan.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, requests
approval of proposed amendments to the Master Street Plan for the purposes of implementing
recommendations from the North College MAX Plan, regular clean-up items, and a request from
Montava.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 159, 2023, Authorizing the Purchasing Agent to Enter
into a Contract for Services, Professional Services and/or Construction in Excess of Five
Years for the Golf Professional and the Food and Beverage Concessionaire at City Park
Nine Golf Course.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, authorizes the
Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into a contract greater than
five years in length for the Golf Professional/Concessionaire at City Park Nine Golf Course. This
contract was originally awarded by competitive purchasing processes in accordance with City
Code Section 8-158, Competitive sealed proposals. The contract for the Golf
Professional/Concessionaire includes a provision for the City to extend the contract for up to an
additional five years, subject to Council approval. Extending the contract for the Golf
Professional/Concessionaire at City Park Nine Golf Course is in the City’s best interest.
Adopted on Second Reading.
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10. Second Reading of Ordinance No. 160, 2023, Approving the Vacation of a Drainage
Easement Located on Tract A of the Old Town North, Fifth Filing Subdivision.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, vacates a 0.808
acre drainage easement (the “Easement”) that was dedicated on Tract A of the Plat of the Old
Town North Fifth Filing (the “Subdivision”) for the benefit of the City because the Easement is no
longer required by the City’s Stormwater Utilities Department.
Adopted on Second Reading.
11. Second Reading of Ordinance No. 161, 2023, Authorizing the Conveyance of Three
Permanent Easements and a License to Enter to Colorado State University for Installation
of Fiber Optic Cables on City Property.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, permits the
conveyance of three (3) permanent easements (the “Easements”) and one (1) license to enter
(the “License”) to Colorado State University (“CSU”) for the installation and operation of fiber optic
cables on City property to connect the Powerhouse Energy Campus (the “Powerhouse Campus”)
located at 430 North College Avenue to the CSU main campus and allow for future CSU fiber
optic connectivity to the Powerhouse 2 facilities.
Adopted on Second Reading.
12. Second Reading of Ordinance No. 162, 2023, Adopting the East Mulberry Plan as an Update
of the 2002 East Mulberry Corridor Plan.
This Ordinance, unanimously adopted on First Reading on November 21, 2023, adopts the draft
East Mulberry Plan and potential annexation considerations related to the plan. Staff will share a
potential approach to annexation for Council to consider based on a concept referred to as
“Thresholds.”
Exhibit A to the Ordinance has been revised with edits made on First Reading.
Adopted on Second Reading.
13. First Reading of Ordinance No. 163, 2023, Appropriating Unanticipated Revenue in the
Transportation Services Fund for “Work For Others” Program Expenses.
The purpose of this item is to appropriate $700,000 in unanticipated revenue in the Transportation
Services Fund received for work to be completed through the Planning, Development, and
Transportation’s “Work for Others” program. This appropriation will be used for costs
corresponding to the program and the generated revenue.
Adopted on First Reading.
14. First Reading of Ordinance No. 164, 2023, Appropriating Prior Year Reserves for the Golf
Enterprise.
The purpose of this item is to consider an appropriation of $185,000 from golf reserves to the
2023 budget associated with the additional costs in golf related to higher revenues.
Adopted on First Reading.
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15. First Reading of Ordinance No. 165, 2023, Appropriating Prior Year Reserves and New
Philanthropic Revenue Received through City Give for Various Programs and Services as
Designated by the Donors.
The purpose of this item is to request an appropriation of $11,968.53 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
16. First Reading of Ordinance No. 166, 2023, Amending Chapters 18 and 26 of the Code of the
City of Fort Collins Regarding Mobile Home Park Management and Livability.
The purpose of this item is to present Municipal Code updates related to the livability issues
identified by residents, property managers, and owners of manufactured housing
communities/mobile home parks in our community. This item also addresses analysis of unmet
needs in the State of Colorado Mobile Home Park Oversight Program.
Staff’s recommendation includes the following Code changes:
● Expansion of authorization to conduct inspections in mobile home parks to include not only the
Building Official, but also Specially Commissioned Officers under the Chief of Police.
● Establishment of protection for use and installation of clotheslines by residents in mobile home
parks in Section 18-6(g).
● Establishment of protection for use and installation of window-mounted air conditioning units or
evaporative coolers on homes within mobile home parks in Section 18-6(h).
● Establishment of new water utility billing/rebilling transparency requirements for Fort Collins
Utility mobile home park water customers including:
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer directly provide a designated Specially Commissioned Officer, or
authorize such Officer to obtain, a copy of any notice, correspondence, invoice, and water
leak notice from the water utility within seven days of receipt in Section 18-7(c).
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer participates in the continuous consumption water usage/leak notification
system through Fort Collins Utilities in Section 18-7(c).
○ Authorize the City’s water utility in serving a mobile home park to provide the designated
Specially Commissioned Officer a copy of any notice, correspondence, invoice, and water
leak notice sent to the mobile home park in Section 18-7(c). Add a cross-reference to these
changes to Section 26-97 (water utility lines; general regulations).
○ Acknowledge, as a condition of service, the designated Specially Commissioned Officer
may exercise the power to audit and collaborate with the City’s water utility to verify and
maintain accuracy of water rebilling by the mobile home park.
Adopted on First Reading.
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17. First Reading of Ordinance No. 167, 2023, Amending Chapters 3 and 17 of the Code of the
City of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with State
Law Changes and Adding Municipal Code Violations for Certain Alcohol-Related Offenses.
The purpose of this item is to request approval of the proposed amendments to Chapter 3 (Alcohol
Beverages) and Chapter 17 (Miscellaneous Offenses).
Adopted on First Reading.
18. First Reading of Ordinance No. 168, 2023, Amending Article III of Chapter 25 of the Code
of City of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase
Effective January 1, 2024.
The purpose of this item is to amend Section 25-75 of City Code to reflect the 0.50% sales and
use tax approved by the voters at the City’s November 7, 2023, election. The City of Fort Collins
tax rate will increase from 3.85% to 4.35% beginning January 1, 2024. The use of the revenue is
specifically identified in the ballot measure and, in general, may be used for parks and recreation
facilities, environmental sustainability, and for public transit system improvements. The tax will not
apply to: (1) items exempt from sales and use tax under the City Code; (2) food for home
consumption; and (3) for the use tax only, manufacturing equipment.
The Ordinance would also amend Section 25-75 to remove reference to a 0.85% sales and use
tax that expired at midnight on December 31, 2020. City staff is recommending this change as a
clean-up item to remove extraneous provisions from the City Code.
Adopted on First Reading.
19. First Reading of Ordinance No. 169, 2023, Amending Chapter 2, Article III of the Code of
the City of Fort Collins to Update Ex-Officio Member Provisions for Various Boards and
Commissions.
The purpose of this item is to consider an amendment to add an ex-officio seat for the Housing
Catalyst to the Affordable Housing Board and to eliminate ex-officio members from the Art in
Public Places Board and Water Commission.
Adopted on First Reading.
20. First Reading of Ordinance No. 170, 2023, Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland
Water District.
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion
of the Northern Colorado Regional Airport property to allow for the installation and maintenance
of a regional waterline to serve the Fort Collins-Loveland Water District’s (the “District”) public
water system. This project will directly benefit the Airport by providing water infrastructure to areas
that currently lack it and service connection points, which have been strategically located to serve
future Airport development.
Adopted on First Reading.
21. First Reading of Ordinance No. 171, 2023, Vacating a Portion of Public Right-of-Way
Dedicated by the Redwood Village PUD Phase II Plat.
The purpose of this item is to approve the vacation of a portion of public right-of-way that has
never been used for street purposes. Once this right-of-way area is vacated, the property will be
privately developed as a multifamily housing project, and new public right-of-way will be dedicated
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to support the housing project and provide public street connections to the adjacent Northfield
subdivision.
Adopted on First Reading.
22. First Reading of Ordinance No. 172, 2023, Adopting the 2024 Classified Employee Pay Plan.
The purpose of this item is to recommend the 2024 City Classified Employee Pay Plan. Classified
jobs are grouped according to job functions, a business practice commonly used by both the
public and private sectors. Pay ranges are developed by career group (management,
professional, administrative, operations and trades) and level for each job function. The result of
this work is a City Classified Employee Pay Plan (Pay Plan) which sets the minimum, midpoint,
and maximum pay ranges for the level within each career group and function. Actual employee
pay increases are awarded through a separate administrative process in accordance with the
budgeted amount approved by Council.
Adopted on First Reading.
23. Resolution 2023-102 Adopting the 2023 Three-Mile Plan Update for the City of Fort Collins.
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort
Collins. The Three-Mile Plan is a reference document of plans and policies coordinating the
general location, character, utilities, infrastructure, and land uses for areas of potential annexation
within three miles of the municipal boundary.
An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and highlights
applicable plans and policies adopted or amended by Council over the preceding year.
Adopted.
24. Resolution 2023-103 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the
FASTER Transit Program Grant for Fiscal Year 2023 to Fund Transfort’s FLEX Service.
The purpose of this item is to receive and expend federal funds through the Colorado Department
of Transportation (CDOT) for Transfort’s commuter FLEX service. This agreement will result in
the receipt of $200,000 in grant funds through the Statewide Competitive Pool of the FASTER
(Funding Advancement for Surface Transportation and Economic Recovery Act of 2009) Transit
program for fiscal year (FY) 2023. Transfort will be required to match the $200,000 in grant funds
with a $200,000 local match. Both the grant and local match were appropriated through the 2023
BFO (Budgeting for Outcomes) cycle and are accounted for in the approved 2023 Transfort
budget. If approved, this agenda item will authorize the City Manager to execute an
intergovernmental agreement for the FY 2023 FASTER funds from CDOT.
Adopted.
25. Resolution 2023-104 Authorizing the Mayor to Execute an Amendment to an
Intergovernmental Agreement with Larimer County and the City of Loveland Regarding the
Heaven’s Door Ranch Conservation Project.
The purpose of this item is to seek authorization to amend an Intergovernmental Agreement (IGA)
with Larimer County and the City of Loveland for the Heaven’s Door Ranch Conservation Project.
The amendment will extend the timeframe to complete a conservation easement conveyance.
Adopted.
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26. Resolution 2023-105 Authorizing the City Manager to Enter Into an Agreement Between the
City of Fort Collins and Numerous Stakeholders Regarding Operation and Maintenance of
Boxelder Creek Watershed Dams (B Dams B-2, B-3, and B-4).
The purpose of this item is to authorize the City Manager to execute an intergovernmental
agreement (IGA) between the City of Fort Collins and numerous stakeholders regarding the
operation and maintenance of the Boxelder Creek Watershed Dams (B Dams B-2, B-3, and B-4).
These flood control dams were built in the 1970s and 1980s to protect agricultural lands and rural
properties from flooding and erosion damage. In 2014, the Colorado State Engineer’s Office
(SEO) elevated their hazard classification for the dams from “moderate” to “high” due to the
increased urban and suburban development and resulting flood risk to properties and citizens
downstream of the facilities.
Initial costs to design and construct improvements to the B Dams were in the range of $70 million
to meet dam safety requirements. Municipal stakeholders joined together to pursue a new
approach that utilized a Risk and Consequence Analysis to demonstrate that the risk will be
greatly mitigated if adequate warning of flooding could be provided for the dams in lieu of the
costly improvements. The IGA allocates respective costs to fund the flood warning system as
well as the operations and maintenance of the B Dams.
The IGA also establishes a Management Committee to provide technical and other
recommendations related to the agreement. Each party will designate one person to represent
and act on the party’s behalf. When possible, appointees should have applicable technical
knowledge and skills.
Adopted.
27. Resolution 2023-106 Authorizing an Intergovernmental Agreement with the Downtown
Development Authority for Designated Financial Support of the Carnegie Center for
Creativity.
The purpose of this item is to seek approval of an intergovernmental agreement (IGA) between
the City and the Downtown Development Authority for the financial support of renovation of the
Carnegie Center for Creativity.
Adopted.
28. Resolution 2023-107 Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services.
The purpose of this item is to obtain support for the City to apply for grant money to support
enforcement of gray and black market marijuana activity for Fort Collins Police Services.
Adopted.
29. Items Relating to Gratitude and Appreciation to the Members of the Golf Board and Bicycle
Advisory Committee.
A. Resolution 2023-108 Expressing Gratitude and Appreciation to the Members of the Golf Board
for their Service and Contributions to the Community.
B. Resolution 2023-109 Expressing Gratitude and Appreciation to the Members of the Bicycle
Advisory Committee for their Service and Contributions to the Community.
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The purpose of these items is to acknowledge the work that has been done by the Golf Board as
well as the Bicycle Advisory Committee. The attached Resolutions acknowledge the contributions
that the board and committee have made individually.
Both Resolutions Adopted.
30. Resolution 2023-110 Approving an Exception to the Competitive Purchasing Process with
SMART Mobility Office, Unit of Panasonic Corporation of North America for Equipment,
Software, Consulting and Support Services for Execution of the USDOT SMART Grant.
This item was amended after initial publication to indicate there is only one source for the software.
The purpose of this item is to approve the sole source award of a contract with Panasonic
Corporation of North America (“Panasonic”) to complete the work set forth within the USDOT
Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Agreement.
This request for an exception to the competitive process was noted in the original request to the
US DOT for this grant and that it is in accordance with the Code of Federal Regulations
procurement process: “This item is available only from a single source.” 2 CFR § 2 00.320(c)(2).
Piloting the PEFSA software is fundamental to the SMART grant awarded the City. The US DOT
has approved the exception because the PEFSA software is proprietary to Panasonic and only
available from Panasonic. In addition, this project is being funded 100% by the SMART grant and
is not utilizing local funds.
This exception to the competitive process will authorize the continuation of the relationship
between Panasonic and the City through an agreement that will continue for a five (5) year term.
This approval will be in line with federal procurement guidelines required by the grant.
This election will enable a timely completion of the work plan set forth within the signed SMART
Grant Agreement.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Peel, to approve the
recommended actions on items 1-30 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Peel commented on item 16 on the mobile home code updates, sharing appreciation
for the safeguards being put in place.
Councilmember Ohlson shared regarding the following items:
On Item 13, requested a breakdown of the total number of where the monies went, as well as
which funds were public, and which were private.
On Item 19, noted he is not a fan of ex officio members on boards and commissions; however
Housing Catalyst is the one commission that makes the most sense for an ex officio member.
On Item 22, requested a printed hard copy on legal sized paper so the document can be read
straight across rather than going onto two pages.
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L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Shared about serving on the Behavioral Health Policy Council and recently attending its first
meeting at the new facility on Trilby, noting what a wonderful and beautiful environment it has. It
opened Saturday, December 2, after getting its certificate of occupancy and welcomed its first
client at 8:04 that morning.
Attended the annual North Fort Collins Business Association Christmas event yesterday, noting
the wonderful services for the community offered, including the Coats and Boots Program run by
Don Butler for many years and Operation Smile providing dental care for students.
Councilmember Shirley Peel
Noted it is small business season and she was able to visit All Star Cleaning, which provides free
cleaning for many non-profits and community organizations and gave them a shout out for their
contributions to the community.
Shared about her visit to Washington, DC last week with Councilmembers Canonico and Pignataro
to visit with legislators, stressing the value of these trips to connect with federal legislators and
agencies around the needs of the city and community, also acknowledging Deputy City Manager
Tyler Marr and his knowledgeable support for this work.
Clerk’s Note: Mayor Arndt called for a break at 7:15 p.m., noting the meeting would resume at 7:30
p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
31. Second Reading of Ordinance No. 157, 2023, Making A Supplemental Appropriation,
Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
This Ordinance, adopted on First Reading by a vote of 6-1 (nay: Ohlson) on November 21, 2023,
supports the appropriation of funds for the Zero Carbon Performance Code Project by:
● Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE);
● Appropriating $152,127 from Light and Power Fund reserves;
● Transferring $7,600 matching funds from existing 2023 appropriations in the Light & Power
Fund; and
● Appropriating $46,842 from General Fund reserves.
In July 2023, the Department of Energy (DOE) awarded the City of Fort Collins (City) $693,595
under the Bipartisan Infrastructure Law, Resilient and Efficient Codes Implementation (RECI)
funding. The award supports development of a Zero Carbon Performance Energy Code
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framework by 2030 to meet energy use and carbon emissions reduction targets and replace
prescriptive energy code models. This framework will be developed as a Code path to include
successive code update cycles focused on an end goal of zero carbon new construction in the
2030 code cycle.
This project directly aligns with Our Climate Future’s Big Move 6 “Efficient, Emissions Free
Buildings.” It also recognizes the importance of building energy codes as an effective strategy to
improve health and safety, comfort, climate resilience and lower energy costs within community
buildings.
While the DOE did not provide the final grant agreement before first reading of this Ordinance,
staff is seeking approval to begin spending resources toward the City’s anticipated match. The
City’s $206,569 match will be met principally through Energy Services and Building Services staff
personnel time. Upon presentation of its final grant agreement and DOE confirmation of its
$693,595 award (anticipated to occur before or contemporaneous with second reading), the DOE
grant will be applied to reimburse project partners and the City. DOE funds and the City’s match
support total project costs of $900,164.
Note: At the time of the December 5 agenda publication, the DOE was still processing the
final grant agreement.
PUBLIC COMMENT
Eric Sutherland spoke about energy use, including comparing Fort Collins to other communities
and asking for the metrics and data that indicate Fort Collins is ahead of other communities.
Sutherland also stated, based on several sources, that previous code amendments are not being
followed and the results are immeasurable. There are no metrics to indicate that the City should
continue down this road.
Glen Colton, Fort Collins resident, spoke about the need for real discussions about growth in this
community when taking other climate action plan goals while looking to add 70,000 residents
without regard for the impacts of this growth on the climate. Colton also stated Council should
educate itself on population growth and suggested a community discussion with the Center for
Public Deliberation about growth as it surfaced as a big issue while circulating referendum
petitions.
COUNCIL DISCUSSION
Councilmember Ohlson asked when Council decided to move away from the existing code or if
that decision was made at the staff level. Brad Smith, Energy Code Project Manager, noted the
direction was set in the development of the Our Climate Future plan. Smith also noted that staff
has analyzed residential building utility use per square foot and further explained that performance
code models for energy performance. The focus is on reduction in utility use and greenhouse gas
emissions so staff is looking to align the focus with the new building code. Each code update has
indicated that energy used is reduced.
Mayor Pro Tem Francis clarified the item is funding to develop the framework and code updates
will be presented to Council at a later date.
Councilmember Pignataro thanked Smith for the thorough answer.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt on
second reading Ordinance No. 157, 2023, Making A Supplemental Appropriation,
Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
The motion carried 7-0.
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32. First Reading of Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Salary of the Chief Judge.
This item was amended after agenda publication to include the proposed 2024 salary amount.
The purpose of this item is to amend City Code to establish the 2024 compensation of the Chief
Judge. Council met in executive session on November 28, 2023, to conduct the performance
review of Jill Hueser, Chief Judge and to consider the salary market analysis for this position.
Teresa Roche, Human Resources Executive, offered thanks to Council for spending significant
time looking at the market data, evaluating performance, and speaking individually with Roche to
develop a salary level recommendation.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
None.
Mayor Pro Tem Francis moved, seconded by Councilmember Peel, to adopt on First
Reading Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the City of Fort
Collins and Setting the Salary of the Chief Judge.
Councilmember Pignataro offered thanks to Judge Hueser and noted how impressed Council has
been with the changes made since her appointment, including working in a challenging physical
space.
Mayor Pro Tem Francis also spoke in support of the motion, noting the work done in diversion
programs and other innovative efforts.
Mayor Arndt reiterated these remarks, also noting the collaboration with Police Services and
efforts resulting in bringing crime rates down in Fort Collins.
The motion carried 7-0.
33. First Reading of Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Salary of the City Attorney.
This item was amended after agenda publication to include the proposed 2024 salary amount.
The purpose of this item is to amend City Code to establish the 2024 compensation of the City
Attorney. Council met in executive session on November 28, 2023, to conduct the performance
review of Carrie Daggett, City Attorney and to consider the salary market analysis for this position.
Teresa Roche reiterated her comments and shared the recommended salary amount.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
None.
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Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to adopt on First
Reading Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the City of Fort
Collins and Setting the Salary of the City Attorney.
Councilmember Pignataro thanked City Attorney Daggett for all the work done in this last year,
especially in addressing the challenges in getting the office fully staffed.
Councilmember Ohlson shared appreciation for how City Attorney Daggett serves the organization
and community well and has done so consistently for many years.
Councilmember Peel expressed appreciation for City Attorney Daggett, noting the challenges that
come with council turn over and how Daggett has risen to the challenge.
Mayor Arndt also showed appreciation to City Attorney Daggett for always keeping the City within
the law while consistently doing good work, also offering congratulations on the Open suit as a
major success.
The motion carried 7-0.
34. Resolution 2023-111 Adopting an Update to the Economic Health Strategic Plan for the
City of Fort Collins.
The purpose of this item is to consider adoption of the 2023 Economic Health Strategic Plan
(EHSP) which includes the Circular Economy Work Plan. The EHSP does not take a one-size-
fits-all approach to economic health but a people-centered, integrated economic, social, and
environmental approach so Fort Collins is a healthy, equitable, and resilient community where
people and businesses can thrive.
Jacob Castillo, Chief Sustainability Officer, introduced the item and noted he was joined by
Shannon Hein, Economic Health Manager and SeonAh Kendall, Economic Sustainability
Director, for the presentation. Kendall presented as set forth in the slide deck in the agenda
materials.
PUBLIC COMMENT
Joe Rowan, Fort Collins resident, spoke about the impacts of achieving social and environmental
objectives and requested that this strategic plan really dive into looking at how we make sure
economic health measures are equal partners with these other factors in the triple bottom line.
Glen Colton, Fort Collins resident, noted he was involved with the original economic health group
as well as serving on the Economic Advisory Board when the 2015 plan was developed. This
work focused on government supporting businesses, not on attracting businesses. Colton shared
concerns about the plan being largely written by consultants, with no evidence of getting input
from a range of stakeholders and focusing on growth.
COUNCIL DISCUSSION
Mayor Arndt commented on a desire to ensure the City looks broadly across departments to help
make sure this plan comes to fruition and is successful.
Mayor Pro Tem Francis asked why the housing plan and climate plan were not called out in the
goals of the plan. Kendall responded that staff discussed how to help and support these plans. It
was noted there has been job growth but no significant wage growth. Staff then looked at what
we are trying to achieve, which is good quality job growth so that residents can spend money as
they choose to rather than on basic needs, such as housing and medical care. Efforts were made
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to include those plans by mapping out and aligning strategically to areas where there was not a
point by point alignment.
Councilmember Ohlson thanked staff for their hard work, noting that it is clear the efforts that have
gone into this plan. He stated his philosophies and values are different and he will therefore not
be supporting the plan, but that does not negate the hard work that has been done. He stated he
views this plan as focused on growth and government in the role of spending resources to make
that growth happen at a more rapid rate.
Councilmember Pignataro noted growth has been a constant whether desired or not. She asked
CSO Castillo to speak to the equity focus of this plan. He noted the equity overlay present in the
plan and efforts to support both small businesses and primary employers, and provided
information on proactively attracting businesses that match the ethos of the community.
Councilmember Gutowsky asked Hein to share about the Multicultural Business and Entrepreneur
Center. Hein provided an overview and noted that this program was considered in the reporting
in the realm of the plan goals.
Councilmember Ohlson requested clarification on some points, noting he has not opposed or
supported no growth policies, but rather has looked for discussions on what the role of
government should be. He asked what the end game of growth was.
Councilmember Canonico asked for more background on the population forecast of 70,000
additional residents. Castillo noted Fort Collins has had a steady growth rate of 1.5% and that
means the growth being experienced is neither off the charts nor unprecedented. These estimates
come from the state demographer as well as a range of other sources looking at several factors.
Councilmember Canonico noted the role of government is the need to be prepared for growth.
Mayor Pro Tem Francis asked for clarification on the sentence about not achieving social equity
without economic growth in specific populations, noting she reads it as not speaking to general
growth but rather growth in specific populations. Castillo concurred. Mayor Pro Tem Francis spoke
to her support for this plan and the important work it supports.
Mayor Arndt noted she thought the population of Fort Collins went down a little bit last year.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, adopting an
Update to the Economic Health Strategic Plan for the City of Fort Collins.
The motion carried 6-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro,
Canonico, and Peel.
Nays: Councilmember Ohlson.
P) OTHER BUSINESS
OB 1. Update on Status of the Referendum Petition Process.
City Clerk Anissa Hollingshead updated Council on the status of the current referendum
petition noting the examination of signatures is complete and 5,776 signatures were
determined to be valid. This exceeds the threshold of 4,228 signatures required for a petition
to be determined sufficient. A statement of referendum petition sufficiency was issued today.
Hollingshead explained the process to protest the determination of sufficiency, the protest
hearing process and the next steps in the referendum process. A final certification of a finding
of sufficiency cannot be made until either the expiration of the protest period or any protest
process concludes.
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Mayor Pro Tem Francis requested clarification on the number of options that would be
presented if the petition is certified sufficient. Mayor Arndt noted that Council could repeal,
amend, and repass at the same meeting. City Attorney Daggett clarified amendments to the
Land Use Code are required by the Land Use Code to be heard by the Planning and Zoning
Commission before they are presented to Council.
OB 2. 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.)
Councilmember Canonico requested that staff bring forward to Council the previously
presented code amendment options at First Reading of Ordinance No. 136, 2023, as well as
procedural options for Council to consider. Council supported this request.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:41 p.m.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
James Reed, Transportation Operations Senior Manager
Monica Martinez, FP&A Manager
Heather N. Jarvis, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 163, 2023, Appropriating Unanticipated Revenue in the
Transportation Services Fund for “Work For Others” Program Expenses.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, appropriates $700,000 in
unanticipated revenue in the Transportation Services Fund received for work to be completed through the
Planning, Development, and Transportation’s “Work for Others” program. This appropriation will be used
for costs corresponding to the program and the generated revenue.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Planning, Development and Transportation (PDT) Department “Work for Others” program is a self-
supported program for all “Work for Others” activities within the Streets and Traffic Departments, where
these Departments contract with other City departments and divisions and external entities to provide
convenient and cost-effective services such as patching, sweeping, and minor capital construction. Project
expenses are incurred by PDT and then billed out to customers including other City departments and
external entities. The program’s original budget of $3,822,819 for this year was estimated based on
scheduled projects and historical project levels. Due to increased customer demand, the Streets and Traffic
Departments are anticipating unprecedented levels of traffic control, patching, and traffic signal projects
resulting in the need for an additional $700,000 in appropriated expenses. These expenses will be billed
out to customers and offset by the resulting revenue.
CITY FINANCIAL IMPACTS
This Ordinance appropriates $700,000 of unanticipated Transportation Services Fund revenues for work to
be completed for various City departments and outside entities.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 49
Item 2.
-1-
ORDINANCE NO. 163, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE TRANSPORTATION
SERVICES FUND FOR “WORK FOR OTHERS” PROGRAM EXPENSES
WHEREAS, the Planning, Development and Transportation Department operates a “Work
for Others” program, whereby the Streets and Traffic Departments provide convenient and cost-
effective services for City departments and divisions and for external entities and agencies; and
WHEREAS, through the Work for Others program, which is a self-supported program, the
Planning, Development and Transportation Department incurs project expenses and then bills
customers; and
WHEREAS, the original fiscal year budget for the Work for Others program was
$3,822,819, which was estimated based on scheduled projects and historical project levels; and
WHEREAS, due to increased customer demand, the Streets and Traffic Departments are
anticipating unprecedented levels of traffic control, patching, and traffic signal projects; and
WHEREAS, the Streets and Traffic Departments seek an appropriation of an additional
$700,000 from the Transportation Services Fund to cover expenses that will be billed to customers
and offset by the resulting revenue; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins by allowing the City to provide labor, material, and equipment for
patching, sweeping, and minor capital construction, and this appropriation serves the public
purpose of improving the condition of streets and minor capital construction infrastructure; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations b y ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriations, in
combination with all previous appropriations for that fiscal year, does not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal year;
and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the
Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services Fund to exceed the current estimate of actual and anticipated revenues to
be received in that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Page 50
Item 2.
-2-
Section 2. That there is hereby appropriated from unanticipated revenue or other funds
in the Transportation Services Fund the sum of SEVEN HUNDRED THOUSAND DOLLARS
($700,000) to be expended in the Transportation Services Fund for Work for Others Program
expenses.
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Page 51
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Victoria Shaw, FP&A Manager, Community Services
Mike Calhoon, Parks Director
Dean Klingner, Community Services Director
Sara Arfmann, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 164, 2023, Appropriating Prior Year Reserves for the Golf
Enterprise.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an appropriation
of $185,000 from golf reserves to the 2023 budget associated with the additional costs in golf related to
higher revenues.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Since 2019, Golf revenues have been growing at an average compound growth rate of 9% per year,
excluding transfers and proceeds from Certificates of Participation (COPs). T he heightened revenue is
driven by increased patronage and participation in golf-related activities, demonstrating a positive trend in
community engagement. The Golf Division acts as an enterprise and does not receive any ongoing subsidy
from other City Funds, including the General Fund.
With the rise in revenue, the Golf division is experiencing heightened expenses which are directly linked to
the revenue growth rate exceeding standard ongoing budget increases. These increased expenses include
expenses for banking services, which are driven by credit card processing fees, and expenses for
contractual labor, which are the reimbursements to the contracted golf professionals who operate the pro
shops at each course for their share of the revenue. These activities are expected to incur a $185,000
shortfall in budget vs. expenses for 2023 without additional appropriation. The adopted 2023 Budget
included the anticipated annual true-up payment to the contracted golf professionals for the finalized 2022
fiscal year revenue. However, the true amount for that true-up exceeded the anticipated amount. As a
result of the higher than anticipated 2022 true-up and the unanticipated heightened expenses throughout
the 2023 fiscal year, staff is recommending prior year reserves to fund the shortfall.
Page 52
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Golf revenues are highly weather dependent. If recent trends continue for the remainder of the 2023 fiscal
year, golf will surpass its annual revenue forecast by $400,000. However, poor conditions in Q4 would
reduce that estimate. If there is an ending surplus for the 2023 fiscal year, that will be returned to reserves
to replenish this appropriation.
Exhibit A shows the 5-year trend of Golf division revenue (excluding proceeds from COPs) alongside the
5-year trend in budget appropriated for revenue linked expenses. Approving this appropriation ordinance
will correct the budget shortfall for 2023, and staff will monitor 2024 budgets for revisions throughout the
year.
Exhibit A:
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $185,000 in Golf reserves for use within the Golf enterprise. Golf
receives no ongoing subsidy from the General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
$-
$1.00
$2.00
$3.00
$4.00
$5.00
$6.00
2019 2020 2021 2022 2023 (Projected)
Golf Actual Revenues vs. Budgeted Expenses for costs driven by
revenue ($M)
Revenue (Less COP proceeds & Transfers)Banking Services Budget Contractual Labor Budget
Page 53
Item 3.
-1-
ORDINANCE NO. 164, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE GOLF ENTERPRISE
WHEREAS, the City created a fund to account for Golf activities under Section 8-79 of
the City Code (“Gold Fund”); and
WHEREAS, on November 15, 2022, City Council adopted Ordinance No. 126, 2022,
which set the budget for the Golf Fund for the fiscal year beginning January 1, 2023, and ending
December 31, 2023; and
WHEREAS, the Golf Fund is expected to incur a $185,000 shortfall for the current fiscal
year due to increased expenses related to banking services and contractual labor; and
WHEREAS, in order to maintain the current golf services available to the public at City
golf courses, City staff recommends using prior year reserves to fund the shortfall; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of maintaining all current golf services to the public;
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 from such revenues and funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the 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.
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 Golf Fund
the sum of ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000) to be
expended in the Golf Fund for the Golf Enterprise expenses.
Page 54
Item 3.
-2-
Introduced, considered favorably on first reading and ordered published this 5th day of December,
2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 55
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
Ryan Malarky, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 165, 2023, Appropriating Prior Year Reserves and New
Philanthropic Revenue Received through City Give for Various Programs and Services as
Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests an appropriation
of $11,968.53 in philanthropic revenue received through City Give. These miscellaneous gifts to various
City departments support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling
$11,968.53 and these funds are currently unappropriated.
As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-Revenue approved by Council,
the City Manager has adopted the City Give Financial Governance Policy to provide for the responsible
and efficient management of charitable donations to the City.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs. These gifts represent a
range of support for City programming and services: Open Streets, Art in Public Places Visual Arts,
Forestry, Volunteers Services, and the Youth Golf Scholarship Fund.
Page 56
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $11,969 in philanthropic revenue received through City Give for gifts to
various City departments support a variety of programs and services. The donations shall be expended
from the designated fund solely for the donor’s directed intent:
From Prior Year Reserves:
Recreation Fund $ 150
From New Philanthropic Revenue:
Cultural Services and Facilities Fund $ 1,500
General Fund $ 5,500
Transportation Services Fund $ 4,000
Golf Fund $ 819
The funds have been received and accepted per City Give Administrative and Financial Policy. The City
Manager has also determined that these appropriations are available and previously unappropriated from
the City funds in which they have been deposited and will not cause the total amount appropriated in those
City funds to exceed the current estimate of actual and anticipated revenues and all other funds to be
received in the General Fund during fiscal year 2023.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 57
Item 4.
- 1 -
ORDINANCE NO. 165, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND NEW PHILANTHROPIC
REVENUE RECEIVED THROUGH CITY GIVE FOR VARIOUS PROGRAMS
AND SERVICES AS DESIGNATED BY THE DONORS
WHEREAS, the City received in 2022 one donation of $150 and in 2023 ten individual
donations totaling $11,819 to be used for various City programs and services, which donations are
each $5,000 or less; and
WHEREAS, the donors have directed these donations to be used solely by the City for
certain designated uses; and
WHEREAS, as acknowledged by Section 2.5 of the City’s Fiscal Management Policy 2 –
Revenue approved by City Council, the City Manager has adopted the City Give Financial
Governance Policy to provide for the responsible and efficient management of charitable donations
to the City (the “City Give Policy”); and
WHEREAS, Section 52.2.C. of the City Give Policy authorizes the City Give Director to
accept donations of $5,000 or less for the City service area intended by the donor to be benefited
and Section 52.2.D. of the City Give Policy similarly authorizes the City Manager to accept
donations of more than $5,000 up to $100,000; and
WHEREAS, as so authorized, the City Give Director and City Manager have accepted for
the benefited City service areas, as applicable, the donations to be appropriated in this Ordinance
to be used solely as directed by each donor; 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, 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 City Manager has recommended the appropriations described in Sections
2 and 3 of this Ordinance and determined that the amount of each of these appropriations is
available and previously unappropriated from the funds named in Sections 2 and 3 and will not
cause the total amount appropriated in each such fund to exceed the current estimate of actual and
anticipated revenues to be received in those funds during this fiscal year; and
Page 58
Item 4.
- 2 -
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds a federal, state or private grant or donation,
that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the earlier of the expiration of the federal, state or private grant or donation
or the City’s expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein for various City
Give donations as an appropriation that shall lapse at the end of this fiscal year; and.
WHEREAS, these appropriations will serve the public purpose of providing additional
revenue to each of the benefited service areas to aid them in accomplishing the public purposes for
which each service area is established thereby benefiting the public’s health, safety and welfare.
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 the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the donors:
Recreation Fund $ 150
Section 3. That there is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2023 to be expended as designated by the donors:
Section 4. That the appropriations herein for various City Give donations are hereby
designated, as authorized in Article V, Section 11 of the City Charter, as appropriations that shall
lapse at the end of this fiscal year.
Cultural Services and Facilities Fund $ 1,500
General Fund $ 5,500
Transportation Services Fund $ 4,000
Golf Fund $ 819
Page 59
Item 4.
- 3 -
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Page 60
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 7
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
JC Ward, Neighborhood Programs Manager
Leo Escalante, Neighborhood Liaison
Caryn Champine, PDT Director
Brad Yatabe, Senior Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 166, 2023, Amending Chapters 18 and 26 of the Code of the City
of Fort Collins Regarding Mobile Home Park Management and Livability.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, presents Municipal Code
updates related to the livability issues identified by residents, property managers, and owners of
manufactured housing communities/mobile home parks in our community. This item also addresses
analysis of unmet needs in the State of Colorado Mobile Home Park Oversight Program.
Staff’s recommendation includes the following Code changes:
● Expansion of authorization to conduct inspections in mobile home parks to include not only the Building
Official, but also Specially Commissioned Officers under the Chief of Police.
● Establishment of protection for use and installation of clotheslines by residents in mobile home parks in
Section 18-6(g).
● Establishment of protection for use and installation of window-mounted air conditioning units or
evaporative coolers on homes within mobile home parks in Section 18-6(h).
● Establishment of new water utility billing/rebilling transparency requirements for Fort Collins Utility mobile
home park water customers including:
○ Require as a condition of mobile home park service from the City’s water utility that a mobile home
park customer directly provide a designated Specially Commissioned Officer, or authorize such Officer to
obtain, a copy of a notice, correspondence, invoice, and water leak notice from the water utility within seven
days of receipt in Section 18-7(c).
○ Require as a condition of mobile home park service from the City’s water utility that a mobile home
park customer participates in the continuous consumption of water usage/leak notifications system through
Fort Collins Utilities in Section 18-7(c).
Page 61
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 7
○ Authorize the City’s water utility in serving a mobile home park to provide the designated Specially
Commissioned Officer a copy of any notice, correspondence, invoice, and water leak notice sent to the
mobile home park in Section 18-7(c). Add a cross-reference to these changes to Section 26-97 (water
utility lines; general regulations).
○ Acknowledge, as a condition of service, the designated Specially Commissioned Officer may exercise
the power to audit and collaborate with the City’s water utility to verify and maintain accuracy of water
rebilling by the mobile home park.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Purpose and Intent
The goal of the amendments to Municipal Code regarding Mobile Home Management and Livability is to
help create a safe and equitable environment for mobile home park (“MHP”) residents in Fort Collins and
advance Council and community priorities related to mobile home park residents’ rights and neighborhood
livability.
The City of Fort Collins is home to approximately 1,400 housing units in ten mobile home parks, also known
in land use planning as “manufactured housing communities.” One of the most affordable housing options
in Fort Collins, mobile homes offer opportunities for purchasing or renting a single -family unit situated on
privately-owned land. Because each housing unit is on property that is not usually owned by residents of
the unit, these communities have a unique combination of neighborhood livability concerns and issues not
addressed by the City’s existing single-family or multi-family services. Livability standards enforced by City
Code Compliance and Environmental Compliance have been handled differently in manufactured housing
communities than in other neighborhoods throughout the City because of concerns with legal right-of-entry
to inspect from private streets within the parks.
Residents of mobile home parks in Fort Collins may experience additional barriers to engagement with the
City not seen with residents of other single-family neighborhoods. Mobile home parks in Fort Collins do not
typically have Homeowners’ Associations or Neighborhood Associations and are home to populations
identified by the Communications & Public Involvement Office as “hard-to-reach” for public engagement,
such as senior citizens, low English proficiency speakers, and low-income residents. The combined impact
of unique issues associated with mobile home park livability and decreased efficacy of traditional public
engagement strategies for residents creates a need for more diverse engagement opportunities to connect
residents with City and community resources. Since 2019, a cross-departmental Residents’ Rights Team
began work to build relationships with mobile home park residents, owners, and managers; identify and
address livability concerns; protect residents from retaliation and abuse; create consistent local
investigation and enforcement processes for alleged Nuisance Code violations; promote the Colorado
Mobile Home Park Oversight Program; and assist residents with community organizing.
MHP residents across Fort Collins and the Growth Management Area identified these specific priority
livability issues to guide the Residents’ Rights Team’s work:
Housing instability / fear of community closure
Utility billing transparency (specifically water rebilling)
Maintenance responsibilities (trees, amenity-upkeep, snow)
Retaliation / harassment
Frequent rent increases
Page 62
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 7
Evictions
Safety (vehicle speeds, lighting)
Restriction on home sales
Availability of management
Language equity
Frequent rule changes
Infrastructure conditions
Review of current Municipal Code, Nuisance and Building Code compliance processes, as well as public
engagement activities revealed additional gaps in enforcement and a need to update and strengthen
some Municipal Code provisions.
Additionally, Colorado Mobile Home Park Act Oversight legislation enacted in 2019 and updated in 2020
and 2022 combined with the 2020 Mobile Home Park Residents Opportunity to Purchase, create and
strengthen resident protections statewide. Outreach to residents, managers, and MHP owners on
changes at the state level and access to local resources is ongoing.
City Policy Alignment
Enhancement of quality of life in neighborhoods and equitable access to City services and resources are
well-supported by City core values, policies, and strategic outcomes. Additionally, City Council has
identified manufactured housing preservation and protection of residents’ rights as priorities. The
Municipal Code amendments advance City efforts to enhance livability in manufactured housing
communities as part of the moratorium on manufactured housing community redevelopment
implemented in August 2019.
The following City Plan and Strategic Plan policies and objectives align with these proposed Code
changes:
City Plan: Policy LIV 6.4 – Permanent Supply of Affordable Housing
Create and maintain an up-to-date inventory of affordable housing in the community. Pursue policy
and regulatory changes that will encourage the rehabilitation and retention of affordable housing in
perpetuity.
City Plan: Policy LIV 6.9 – Prevent Displacement
Build the capacity of homeowner groups, affordable housing providers and support organizations to
enable the purchase, rehabilitation and long-term management of affordable housing. Particular
emphasis should be given to mobile home parks located in infill and redevelopment areas.
City Plan: Policy LIV 7.4 – Equity Considerations
Include considerations for equity in decision-making processes across the City organization to ensure
that the benefits and/or burdens of City actions or investments are shared fairly and do not
disproportionately affect a particular group or geographic location over others.
Strategic Plan: Neighborhood Livability & Social Health Objective 1.1
Increase housing supply and choice and address inequities in housing to ensure that everyone has
healthy, stable housing they can afford.
Strategic Plan: Neighborhood Livability & Social Health Objective 1.5
Enhance the quality of life and sense of belonging in neighborhoods by connecting neighbors to City
services, building community, and fostering harmonious relationships.
Page 63
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 7
Strategic Plan: Neighborhood Livability & Social Health Objective 1.8
Preserve and enhance mobile home parks as a source of affordable housing and create a safe and
equitable environment for residents.
Summary of Proposed Code Updates:
The primary elements of the of proposed City Code changes (highlighted text) include:
1. Propose as an amendment to City Code Section 18-2 to harmonize the definition of “Building Official”
to be consistent with that term’s appearance in other sections of the City Code; and to define “Specially
commissioned officer” to refer to officers specially commissioned under City Code Section 2-503(b)(2)
to enforce provision of the City Code.
This change updates the definition of “Building Official” and more clearly indicates the right to entry
and proactive inspection for Nuisance Code compliance in mobile home parks by Code inspectors
from all departments across the City who serve as specially commissioned officers under the Chief
of Police. Previous Code language could be interpreted as restricting access and authorization for
access to mobile home park property to the Chief Building Official or the Building Services team.
This proposed change would decrease inconsistent application of inspection and enforcement
standards across all neighborhood types in the city and include mobile home parks in proact ive
inspection rotations.
2. Propose as an amendment to City Code Section 18-4(c) Right of Entry from “Building Official” to
“Building Official or specially commissioned officer” for all instances in this subsection.
The expansion of authority in right of entry onto mobile home park property to include “specially
commissioned officer” as well as the “Building Official” more clearly indicates the right to entry and
proactive inspection for Code compliance in mobile home parks by Code inspectors from all
departments across the City who are specially commissioned by the Police Chief to enforce
provisions of the City Code. This change aligns with the rationale stated above for changes to Sec.
18-2.
3. Propose as an addition to City Code Section 18-6(g)
“No person shall create, cause to be created, enforce or seek to enforce any provision contained in
any restrictive covenant which has the effect of prohibiting the installation or use of clothes lines in
mobile home parks.”
The proposed addition improves neighborhood livability and affordability in mobile home parks and
supports City climate goals in this response to an identified issue with bans on clothes lines in some
mobile home parks in Fort Collins. Current Code language (Sec. 12-122) that protects the
installation and use of clothes lines in backyards excludes mobile home park lots from this
protection, as they have no “backyard”.
4. Propose as an addition to City Code Section 18-6(h)
“No person shall create, cause to be created, enforce or seek to enforce any provision contained in
any restrictive covenant which has the effect of prohibiting the installation or use of window-mounted
air conditioning units or evaporative coolers in mobile home parks.”
The proposed addition improves affordability in mobile home parks and livability in individual units
by protecting options for whole house cooling. This change supports City climate, energy efficiency,
and indoor air quality goals in this response to an identified issue with bans on window-mounted air
conditioning units and evaporative (“swamp”) coolers in some mobile home parks in Fort Collins.
Energy usage for evaporative coolers is much lower than central air conditioning for mobile homes
in this region. Window-mounted air conditioning units provide a lower cost way to cool homes or
add a cooling option to homes without any air conditioning. These units also filter air entering the
Page 64
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 7
home, making them excellent alternatives to opening windows for relief from high indoor
temperatures during adverse air quality conditions.
5. Propose as an addition to City Code Section 18-7(c) a reference specially commissioned officers’
authority to intervene in utility rebilling activities, based on access to information from the Fort Collins
Utilities’ water utility under administrative rules of service.
“Transparency in water use, billing, and leak mitigation efforts. Based on utility rebilling information
obtained from the Fort Collins Utilities’ water utility, a specially commissioned officer designated by the
Community Development and Neighborhood Services Director may notify a mobile home park of any
billing discrepancies and may provide thirty (30) days for the mobile home park to correct any
overcharge or billing discrepancy. Any overcharge must be credited to the resident in the next billing
cycle.
As a condition of water utility service from Fort Collins Utilities, every mobile home park shall provide
the designated specially commissioned officer with or authorize such officer to obtain any notice,
correspondence or invoice from the water utility that documents the total volume of water consumed
by the mobile home park during the previous billing period, the cost billed by the water utility to the
mobile home park during the previous billing period and any notice of potential leak in the water supply
within the mobile home park.
(1) Mobile home parks shall disclose such notices, correspondence, or invoices from the water utility
to the designated specially commissioned officer within fourteen (14) days of the date of the notices,
correspondence, or invoices, or seven (7) days after receipt, whichever is earlier. When the mobile
home park customer does not directly provide such information within this timeline, the water utility
shall be authorized to share such information with the designated specially commissioned officer.
(2) Mobile home parks and the water utility may redact sensitive personal identifying information and
financial institution account information from such notices, correspondence, or invoices prior to
disclosure to the designated specially commissioned officer.
(3) As a condition of mobile home park service, mobile home parks that are water customers of Fort
Collins Utilities are required to participate in any available continuous consumption water usage/leak
notification system through Fort Collins Utilities.
(4) Fort Collins Utilities may provide the designated specially commissioned officer all notices,
correspondence or invoices provided to a mobile home park upon request, excepting redaction under
above subsection-(c)(2).
(5) The designated specially commissioned officer may notify the mobile home park of any billing
discrepancies and may provide thirty (30) days for the mobile home park to correct any overcharge or
billing discrepancy. Any overcharge must be credited to the resident in the next billing cycle.”
The addition of this Code subsection and administrative policy target is improved auditing and
communication functions related to accuracy of rebilling for water by the mobile home park by
allowing access to non-financial water billing data, leak notices, and correspondence from both the
water utility provider and mobile home park owner by City staff outside of Fort Collins Utilities,
limited to the Community Development and Neighborhood Services Dir ector and/or their duly
authorized representative.
If, through the auditing process, a water rebilling discrepancy from the mobile home park to the
residents or suspected failure of the mobile home park to notify residents of leaks in the park’s
private water infrastructure are discovered or suspected, enforcement would be turned over to the
Colorado Mobile Home Park Oversight Program (“MHPOP”). Beginning July 1, 2024, local
government entities and staff can file complaints related to the Colorado Mobile Home Park
Oversight Act.
The intent of this addition to the Code is to quickly review and resolve water rebilling and leak
notification complaints at the local level where information and tools are already available. Faster
resolution benefits residents, who may be overcharged for water for months before the state’s
Page 65
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 7
MHPOP begins investigation of their complaint, conservation of potable water by identifying and
addressing leaks, and all mobile home parks in Fort Collins by filtering out unfounded complaints
to MHPOP.
6. Propose as an addition to City Code Section 26-97, a reference to these additional water utility rules
and regulations now found in Section 18-7(c).
Water Rebilling and Customer Service
Because the mobile home park is the water utility customer, residents of MHPs and City staff outside
of Fort Collins Utilities are not currently allowed to review water bills from water utility providers for the
mobile home park due to customer privacy policies. Customer service staff for Utilities are also not
allowed to discuss the mobile home park’s bill with residents when they call with questions or concerns
about the amount of their water bill (as it is rebilled from the MHP and not directly billed from the water
utility provider). Due to the potential staff time, associated costs for the service, and lack of access to
private water rebilling records, staff has determined that it is unduly burdensome for water utility
providers to take on auditing functions of residents’ rebilled water charges. Water utility providers also
lack an enforcement mechanism in the event that a discrepancy was discovered in the MHP water
rebilling. The Mobile Home Park Residents’ Rights Team in CDNS has regular contact with residents,
receives frequent documentation from residents of their water bills from the park owner, and closely
follows changes to the state’s mobile home park laws and administrative processes putting that team
in a position to effectively carry out the auditing functions for water rebilling.
Leak Notices/Continuous Consumption of Water
A similar issue exists with continuous consumption notices from water utility providers. Currently these
notices, which indicate water leaks, are a voluntary opt-in program for mobile home parks. Because
the residents are not the water utility customer, they do not receive these notices from the water utility
although they ultimately pay the cost for excess water lost to leaks in the park’s private water
infrastructure.
Statute requires MHPs to notify all residents and homeowners of water leaks in the system within 24
hours of their receipt of a leak notice and bans MHPs from charging residents for the cost of water lost
to leaks in their infrastructure. This resident protection can only be implemented upon notice from the
water utility to the MHP. Because only the mobile home park receives leak notices, the residents
currently have no practical way to know if there is a violation of this protection, which would trigger
enforcement measures. The Utilities Water Conservation Team lacks enforcement mechanisms in the
event that continuous consumption of water is occurring in a mobile home park for which residents are
being rebilled.
Continuous consumption of water due to leaks in private MHP infrastructure impacts the City’s water
conservation goals and ultimately all Utilities rate payers. Mobile home park owners currently have no
financial incentive to detect or repair leaks (and may actually be incentivized not to participate in water
conservation programs like leak notices since notice of the issue shifts the cost from residents to the
mobile home park owner).
Proposed Solution
The City’s Mobile Home Park Residents’ Rights Team is familiar with the state-level protections and
enforcement options related to inaccurate, retaliatory, and/or non-compliant water rebilling. This Team
also has been working relationships with mobile home park managers and residents, an interest in the
affordability impacts of inaccurate water rebilling and unrepaired leaks, and a commitment to serve as
a central hub for local MHP resident issues, but currently lacks the tools to address one of the most
common complaints from MHP residents by verifying the accuracy of water rebilling.
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City Council Agenda Item Summary – City of Fort Collins Page 7 of 7
The proposed Code changes would require the City’s water utility and mobile home park owner to
disclose redacted invoices/bills, correspondence, and notices to a designated Specially Commissioned
Officer, who participates in the Mobile Home Park Residents’ Rights Team. Requiring these redacted
disclosures still provides customer privacy protections for the water utility customer while also giving
CDNS staff adequate information to investigate resident claims of inaccurate water rebilling and
charges for water infrastructure leaks.
Currently, the only remedy available to residents with claims of water rebilling inaccuracy or unrepaired
water infrastructure leaks is to file a complaint with the state’s Mobile Home Park Oversight Program
(“MHPOP”). Complaints filed with MHPOP typically take several months to a year to investigate and
often require subpoenas for water utility communications to facilitate their investigation. During the
MHPOP investigation, MHP residents continue to pay for water costs, even those ultimately determined
to be inaccurate. Equipping the local MHP Residents’ Rig hts Team with the tools to investigate water
rebilling complaints will resolve the issues much faster and potentially cost residents less.
CITY FINANCIAL IMPACTS
Adoption of these Code changes will not have significant impact on City resources.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Targeted outreach was conducted with managers, owners, and residents of the City’s existing
manufactured housing communities, as well as consultation with local partner organizations who provide
information and services to manufactured housing residents. A survey was conducted and marketed to
MHP residents and community partner organizations. Finally, proposed Code changes were posted to
https://www.fcgov.com/neighborhoodservices/mobile-home-park-communities webpage in the months
leading up to the First Reading and included options for stakeholders to submit comments, questions, and
feedback.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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Item 5.
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ORDINANCE NO. 166, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 18 AND 26 OF THE CODE OF THE
CITY OF FORT COLLINS REGARDING MOBILE HOME PARK
MANAGEMENT AND LIVABILITY
WHEREAS, there are ten mobile home parks containing approximately 1,400 housing
units within the City; and
WHEREAS, mobile home parks are one of the most affordable housing options in the City
and are an important source of housing; and
WHEREAS, Chapter 18 of the City Code sets forth standards for the continuing
maintenance of mobile home parks in a healthy and safe manner; and
WHEREAS, to enhance the safety and livability of mobile home parks, Chapter 18 of the
City Code is amended by the Ordinance to expand the authorization of City staff to conduct
inspections, protect use of clotheslines and window mounted cooling devices, and increase
transparency for water billing and rebilling; and
WHEREAS, the amendment to Chapter 26 of the City Code adds a reference to the changes
to Chapter 18 regarding increased transparency for water billing and rebilling; and
WHEREAS, the amendments to Chapters 18 and 26 of the City Code are in furtherance of
City Plan and the Housing Strategic Plan and are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 18-2 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 18-2. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section:
Building Official shall mean the Building Official, appointed pursuant to Chapter 5 of this Code
or their duly authorized representative.
. . .
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Specially commissioned officer shall mean a specially commissioned officer of the City appointed
by the Chief of Police pursuant to Section 2-503(b)(2) of this Code who is authorized by law to
enforce provisions of this Code with regards to animal control, weed control, rubbish and debris,
building safety, unsanitary conditions, inoperable vehicles, stormwater and wastewater runoff and
any other condition that negatively impact the health, safety and welfare of mobile home park
residents.
. . .
Water utility, under this chapter only, shall mean the City of Fort Collins water utility.
Section 3. That Section 18-4 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 18-4. Inspections.
. . .
(c) Compliance Inspections. To the maximum extent permissible under law, the Building
Official and any specially commissioned officers are hereby authorized, empowered and directed
to make such other inspections as are necessary, from time to time, to determine satisfactory
compliance with this Chapter and the regulations issued hereunder.
(d) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions
of this Code, or whenever the Building Official or specially commissioned officers have
reasonable cause to believe that there exists in any mobile home, mobile home lot or mobile home
park any condition or violation which makes such mobile home, lot or park unsafe, dangerous or
hazardous, the Building Official or specially commissioned officers may, at their discretion and to
the maximum extent permissible under law, enter such mobile home, lot or park at all reasonable
times to perform any inspection or other duty imposed upon the Building Official or specially
commissioned officers by this Code. If such mobile home or mobile home lot is occupied, the
Building Official or specially commissioned officers shall first present proper credentials and
request entry. If such mobile home or mobile home lot is unoccupied, the Building Official or
specially commissioned officers shall first make a reasonable effort to locate the owner or other
persons having charge or control of the mobile home or premises and request entry. If such entry
is refused, the Building Official or specially commissioned officers shall have recourse to every
remedy provided by law to secure entry.
. . .
Section 4. That Section 18-6 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 18-6. Mobile home park management
. . .
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(g) Clothes Lines. No person shall create, cause to be created, enforce or seek to enforce any
provision contained in any restrictive covenant which has the effect of prohibiting the installation
or use of clothes lines in mobile home parks.
(h) Cooling Devices. No person shall create, cause to be created, enforce or seek to enforce
any provision contained in any restrictive covenant which has the effect of prohibiting the
installation or use of window-unit air conditioners or evaporative coolers in mobile home parks.
Section 5. That Section 18-7 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 18-7. Park utilities and fire protection.
. . .
(c) Transparency in water use, billing, and leak mitigation efforts. Based on utility rebilling
information obtained from the Fort Collins Utilities’ water utility, a specially commissioned officer
designated by the Community Development and Neighborhood Services Director may notify a
mobile home park of any billing discrepancies and may provide thirty (30) days for the m obile
home park to correct any overcharge or billing discrepancy. Any overcharge must be credited to
the resident in the next billing cycle.
As a condition of water utility service from Fort Collins Utilities, every mobile home park
shall provide the designated specially commissioned officer with or authorize such Officer to
obtain any notice, correspondence or invoice from the water utility that documents the total volume
of water consumed by the mobile home park during the previous billing period, the cost billed by
the water utility to the mobile home park during the previous billing period and any notice of
potential leak in the water supply within the mobile home park.
(1) Mobile home parks shall disclose such notices, correspondence, or invoices from
the water utility to the designated specially commissioned officer within fourteen (14) days
of the date of the notices, correspondence, or invoices, or seven (7) days after receipt,
whichever is earlier. When the mobile home park customer does not directly provide such
information within this timeline, the water utility shall be authorized to share such
information with the designated specially commissioned officer.
(2) Mobile home parks and the water utility may redact sensitive personal identifying
information and financial institution account information from such notices,
correspondence, or invoices prior to disclosure to the designated specially commissioned
officer.
(3) As a condition of mobile home park service, mobile home parks that are water
customers of Fort Collins Utilities are required to participate in any available continuous
consumption water usage/leak notification system through Fort Collins Utilities.
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(4) Fort Collins Utilities may provide the designated specially commissioned officer all
notices, correspondence or invoices provided to a mobile home park upon request, subject
to redaction under above Subsection (c)(2).
(5) The designated specially commissioned officer may notify the mobile home park
of any billing discrepancies and may provide thirty (30) days for the mobile home park to
correct any overcharge or billing discrepancy. Any overcharge must be credited to the
resident in the next billing cycle.
Section 6. That Section 26-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-97. Water service lines; general regulations.
. . .
(d) Mobile Home Park Service. Specific rules regarding mobile home park rebilling for water
services are set forth in Section 18 -7(c).
Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 71
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Anissa Hollingshead, City Clerk
Aimee Jensen, Regulatory Licensing Specialist
Holly Coulehan, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 167, 2023, Amending Chapters 3 and 17 of the Code of the City
of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with State Law
Changes and Adding Municipal Code Violations for Certain Alcohol-Related Offenses.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests approval of the
proposed amendments to Chapter 3 (Alcohol Beverages) and Chapter 17 (Miscellaneous Offenses).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On January 1, 2019, full-strength beer replaced “3.2% beer” in grocery and convenience stores. Last
November’s successful ballot measure, Proposition 125, allowed those types of stores to now sell wine as
well as full-strength beer. Alcohol service has become a regular occurrence by unlicensed and unpermitted
businesses, such as beauty salons, gyms, nail salons, furniture stores, etc. In response to this proliferation
of illegal service, this last legislative session House Bill 23-1061 changed the art gallery permit to allow
certain qualifying retail establishments to serve complimentary alcohol beverages for a limited number of
days per year. These City Code changes will reflect this ballot measure and legislative changes.
Administrative application fees were historically included in Chapter 3 of the City Code because Council
was the local liquor licensing authority until 1973, after which a separate board was created by Council. In
2000, Council designated the Municipal Judge as the local liquor licensing authority, however City Code
was not modified to enable the new authority to set the administrative application fees. Staff is
recommending that the administrative application fees be removed from City Code to allow the Municipal
Judge, as the local liquor licensing authority, to set these fees and align with how cannabis fees are
handled. This change will allow staff to quickly adjust fees as costs associated with administering liquor
licensing increase and to respond quicker to modifications in State laws and regulations.
Throughout the years, liquor licensees have expressed concern that they bear the brunt of the liquor law
violations due to their employees’ service of underage patrons, even though they have ensured that their
employees have received appropriate training. Additionally, staff has seen an increase in crimes related to
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
the use of fake identification to obtain alcohol or for entry into liquor licensed establishment. However, the
individuals committing these crimes are not sufficiently held accountable resulting in high rates of
recidivism. In response to these concerns, City staff is recommending that these criminal offenses are
written into City Code to encourage compliance and discourage others from violating these liquor related
offenses.
Finally, the changes referenced above led to a comprehensive review of the City’s Code with respect to
liquor licensing. City staff identified several general housekeeping or ministerial-type changes to Chapters
3 and 17, that provide clarity and alignment with State laws and regulations.
CITY FINANCIAL IMPACTS
Unknown.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 73
Item 6.
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ORDINANCE NO. 167, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 3 AND 17 OF THE CODE OF THE CITY OF FORT COLLINS
TO UPDATE AND ALIGN CITY CODE REGARDING ALCOHOL BEVERAGES
WITH STATE LAW CHANGES AND ADDING MUNICIPAL CODE VIOLATIONS
FOR CERTAIN ALCOHOL-RELATED OFFENSES
WHEREAS, the Local Licensing Authority for the City of Fort Collins is the Municipal
Judge who, in this capacity, issues licenses and permits for the sale or service of alcohol beverages;
conducts hearings and investigations; suspends or revokes such licenses and permits; sets certain
fees as provided by law; as well as many other responsibilities and duties set forth in Colorado
Revised Statutes (“C.R.S.”) Articles 3, 4 and 5 of Title 44; and
WHEREAS, as of March 1, 2023, state law, through the voter-approved passage of
Proposition 125 on November 8, 2022, modified a fermented malt beverage off-premises retailer
license to also allow the sale of wine products; and
WHEREAS, as of August 7, 2023, state law, through the enactment of House Bill 23-1061,
renamed the previously existing art gallery permit to the retail establishment permit where
qualifying retail establishments, including but not limited to art galleries, may serve
complimentary alcohol on a limited number of days per year to their customers; and
WHEREAS, City staff recommends adding alcohol-related criminal offenses to City Code,
including the prohibition against the use of fake identification, the sale of alcohol to minors, and
the misrepresentation of age for the purchase of alcohol to prevent recidivism and in response to
concerns shared with City staff from licensees; and
WHEREAS, City staff recommends the removal of certain administrative application fees
from City Code, because they are frequently modified by the state enforcement division; and
WHEREAS, these administrative application fees were historically included in Chapter 3
of the City Code because City Council was the local licensing authority until 1973 when a separate
board was created which City Council oversaw that board’s committee members; and
WHEREAS, in 2000, City Council designated the Municipal Judge as the Local Licensing
Authority, however the City Code was not modified to enable the new authority to set these
administrative application fees; and
WHEREAS, currently, the application fees set forth in City Code are out of date and below
the allowable amount set by the state for local licensing authorities and these administrative
application fees are essential to aid the City’s ability to recoup the admin istrative costs for the
oversight and issuance of liquor licenses; and
WHEREAS, these statewide amendments and City staff recommended changes provide an
opportunity for a comprehensive review of Chapter 3 of the City Code related to Alcohol
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Item 6.
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Beverages, and to address some general housekeeping or ministerial-type changes to Chapter 3 to
provide clarity throughout the Chapter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 3 of the Code of the City of Fort Collins is hereby amended
as follows:
CHAPTER 3
ALCOHOL BEVERAGES
ARTICLE I.
IN GENERAL
Sec. 3-1. Definitions.
(a) The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Alcohol beverage or alcohol shall mean any fermented malt beverage or malt, vinous, or spirituous
liquors; except that alcohol beverage shall not include confectionary containing alcohol within the
limits prescribed by C.R.S. § 25-5-410(1)(i)(II).
Applicant shall mean any person, partnership, corporation or other legally constituted entity or
affiliation who is applying for or has applied for a license or permit to sell , dispense or serve
alcohol beverages, but is not yet licensed or permitted as a licensee.
Bed and breakfast shall mean an overnight lodging establishment that provides at least one (1)
meal per day at no additional charge other than a charge for overnight lodging and does not sell
alcohol beverages by the drink.
City Clerk shall mean the City Clerk of the City or designated representative.
Employee shall mean any employee of a licensee involved in the sale, dispensing or serving of
alcohol beverages.
Fermented malt beverage shall have the same meaning as “fermented malt beverage” defined in
C.R.S. §44-4-103(1); except that fermented malt beverage does not include confectionary
containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II).
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Licensed, Licensee and Licensed Premises shall mean persons or premises issued a license or
permit pursuant to C.R.S. Title 44, articles 3, 4 and 5.
Local Licensing Authority or Authority shall mean the Liquor Licensing Authority as established
by the City Council and as defined in and relating to the licensing of the alcohol beverages as
authorized by C.R.S. Title 44, articles 3, 4 and 5, the rules and regulations of the State licensing
authority and this Code.
Malt liquor shall have the same meaning as “malt liquor” defined in C.R.S. § 44-3-103(30).
Manager shall mean and include those persons who manage, direct, supervise, oversee and
administer the acts and transactions of the establishments governed by this Chapter and of their
agents or employees.
Party-in-interest shall mean:
(1) Any party-in-interest as defined in C.R.S. § 44-3-311(5)(b);
(2) Any representative of a bona fide organized neighborhood group which encompasses
part or all of the neighborhood under consideration; or
(3) Any member of the City staff, including, but not limited to, the City Manager,
the City Attorney or the Chief of Police or representative thereof.
Premises shall mean a distinct and definite location, which may include a building, a part of a
building, a room, or any other definite area as approved by the Authority.
Spirituous liquors shall have the same meaning as “spirituous liquors” defined in C.R.S. § 44-3-
103(54).
Tastings shall mean the sampling of alcohol beverages that may occur on the premises of a retail
liquor store licensee, liquor-licensed drugstore licensee, or a fermented malt beverage and wine
retailer licensee by adult patrons of the licensee pursuant to the provisions of C.R.S. § 44-3-
301(10).
Vinous liquors shall have the same meaning as “vinous liquors” defined in C.R.S. § 44-3-103(59).
(b) All other words and phrases used in this Chapter shall have the meanings described by
C.R.S. (Colorado Liquor Code, Beer and Wine Code and Special Event Code) and the Code
of Colorado Regulations (Colorado Liquor Rules) or if not otherwise defined by law, the
words shall be as used in their common, ordinary and accepted sense and meaning.
Sec. 3-2. Conflicts.
(a) If any of the laws as established in this Chapter shall conflict with any provision of the
laws of the State or the rules of the state licensing authority pertaining to the Colorado Liquor or
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Beer and Wine Codes, the provisions of state law or the rules of the state licensing authority shall
govern.
….
Sec. 3-3. Violations; penalty.
(a) Penalties for violations of this Chapter shall be as provided in § 1 -15 and shall be in
addition to any special penalty provided for in this Chapter or by the laws of the State.
(b) Notwithstanding any other penalty that may be levied, any licensee who violates, or any
licensee whose employees violate, any of the terms of this Chapter or of C.R.S. Title 44, Articles
3, 4 and 5, or the rules and regulations related thereto, shall be subject to suspension or revocation
of his or her license pursuant to the laws of the State, the imposition of a fine in lieu of suspension
under the provisions of Section 44-3-601(3), C.R.S., written reprimand or such other penalty as
the Authority deems appropriate. Monies received through the payment of fines in lieu of
suspension shall be deposited into the general fund of the City.
ARTICLE II.
ADMINISTRATION
Division 1
Generally
Sec. 3-16. City Clerk duties.
(a) The City Clerk shall:
(1) Issue all licenses granted by the Liquor Licensing Authority upon receipt of such
license fees as are required by law;
(2) Serve as the secretary of the Liquor Licensing Authority;
(3) Establish a calendar of regular meetings for the Liquor Licensing Authority which
calendar may be modified by the Authority;
(4) Process all license renewal applications, including late renewal applications, on
behalf of the Liquor Licensing Authority upon receipt of a completed application and such
license fees as are required by law;
(5) Process all applications for temporary bed and breakfast permits on behalf of the
Liquor Licensing Authority pursuant to §§ 3-83 and 3-86, respectively, upon receipt of a
completed form and such license fees as are required by law;
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(6) Process all forms for changes in corporate structure, trade name changes and
corporate name change reports on behalf of the Liquor Licensing Authority upon receipt
of a completed form and such license fees as are required by law;
(7) Process all applications for transfer of ownership where no new principals are being
added to the ownership, on behalf of the Liquor Licensing Authority upon receipt of a
completed application and such license fees as are required by law;
(8) Process all applications for special event permits on behalf of the Liquor Licensing
Authority pursuant to § 3-83.5, upon receipt of a completed form and such license fees as
are required by law; and
(9) Process all applications for retail establishment permits on behalf of the Liquor
Licensing Authority pursuant to § 3-90, upon receipt of a completed form and such license
fees as are required by law.
Division 2
Liquor Licensing Authority
. . .
Sec. 3-33. Functions.
. . .
(b) The Authority shall have all the powers of the Local Licensing Authority as set forth in
C.R.S. Title 44, Articles 3, 4 and 5.
. . .
Sec. 3-35. Minutes; annual report.
The Authority shall take and file minutes in accordance with the requirements of § 2-75 of this
Code. On or before January 31 of each year, the Authority shall file a report with the City Clerk
setting forth the number of applications for licenses acted upon, the number of licenses granted
and the number denied and any other actions taken by the Authority during the past year.
Division 3
Hearings
. . .
Sec. 3-52. Public notice of hearings.
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(a) The applicant shall cause to be posted the public notice required pursuant to C.R.S. § 44-
3-311, for all hearings to be held on applications for the sale of alcohol beverages.
(b) The applicant shall provide to the City Clerk evidence of such posting, which shall consist
of a photograph of the posted sign in place together with a signed statement evidencing posting.
Sec. 3-53. Hearings on new license and change of location applications.
. . .
(c) As applicable, the applicant may introduce evidence with regard to the following:
. . .
(5) The reasonable requirements of the neighborhood and the desires of its inhabitants
for the type of license for which application has been made.
a. Petitions favoring or opposing the license applied for may be presented at
the hearing.
b. Petitions may be circulated only within the neighborhood affected by the
application.
c. Every person signing the petition shall sign only their own name, address
and their age or otherwise indicate that such person is at least of legal age to
purchase or consume the alcohol beverages which are the subject of the license
applied for.
d. The date when the signature is affixed to the petition shall be put on the
petition by the party signing the same.
e. No signatures will be considered which are dated prior to the date the
application was received by the City Clerk.
f. Each petition shall contain a verified statement signed by the circulator of
the petition indicating that the circulator personally witnessed each signature
appearing on the petition and that, to the best of his or her knowledge, each
signature is the signature of the person whose name it purports to be and that the
address given opposite that person’s name is the true business or residence address
of the person signing the petition.
. . .
(d) Any party-in-interest may introduce evidence regarding any pertinent matter affecting the
application.
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. . .
Sec. 3-54. Show cause hearings.
(a) When matters are brought to the attention of the Authority which, if substantiated, constitute
a violation of this Chapter or of C.R.S. Title 44, Articles 3, 4 and 5, or the rules and regulations
relating thereto, the Authority shall promptly notify the licensee, in writing, by mail or
personal delivery, of the date and time established for a show cause hearing at which time the
licensee will be required to show cause why a penalty should not be levied if a violation is
found.
. . .
Sec. 3-55. Aggravating and mitigating factors considered at show cause hearings.
(a) In all cases where a violation(s) of the applicable state or local laws is found at a show
cause hearing, the Authority shall consider evidence and statements in mitigation and in
aggravation of the violation(s) prior to determining the appropriate penalty. Such evidence and
statements may relate to and include, but not be limited to, the following factors:
(1) Seriousness of the violation;
(2) Corrective action taken by the licensee after the violation;
(3) Prior violations at the licensed premises by the licensee or the licensee’s employees
and the effectiveness of prior corrective action;
(4) Prior violations at the licensed premises by a prior licensee or the prior licensee’s
employees, and the sanctions imposed for such violations, if the current licensee or any of
the current licensee’s owners, partners, shareholders, directors, officers or managers held
an ownership interest of five (5) percent or more in the entity holding such prior license;
. . .
Sec. 3-56. Appeals.
The decisions of the Local Licensing Authority shall in all cases be final and conclusive. A
decision of the Authority may only be reviewed by the District Court in accord ance with the
Colorado Rules of Civil Procedure. There shall be no stay of execution of the Authority’s decision
pending review by the District Court, except by court order.
ARTICLE III.
LICENSES, TAXES, REGULATIONS AND PROCEDURES
Sec. 3-71. License required.
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It shall be unlawful for any person within the City to manufacture, sell, offer, serve or possess for
sale any alcohol beverages unless licensed or permitted to do so as provided by this Chapter and
the applicable provisions of C.R.S. Title 44, Articles 3, 4 and 5.
. . .
Sec. 3-73. Applications.
(a) All applications for alcohol beverage licenses shall be filed with the City Clerk. Any person
applying for such license shall file the state license application form and the local license
application forms, if any, all of which shall be filled out and completed in all material detail,
including all exhibits that may be required to be attached in accordance with any local
requirements. Incomplete or erroneous applications shall be rejected. All application forms shall
be typewritten or printed in black or blue ink. All other information or exhibits submitted shall be
typewritten or printed in black or blue ink except plans and specifications which may be required.
(b) The City Clerk shall establish application filing deadlines to allow sufficient time for
completion of investigations, posting and publishing notice of hearings, if applicable, and taking
such other action as is necessary prior to the Authority’s consideration of the application.
Sec. 3-74. Application fees.
(a) Application fees shall be set by the Authority as expressly allowed in C.R.S. Title 44,
Articles 3, 4 and 5 payable to and collected by the City Clerk on behalf of the City. The Authority
shall provide to the City Clerk a true and correct copy of all appl ication fees set by the Authority
in advance of implementing said fees.
(b) These fees shall be nonrefundable. These fees shall be in addition to any fees imposed by
the State.
. . .
Sec. 3-76. Occupation tax.
. . .
(b) The following annual occupation taxes are hereby established and shall be paid by the
applicant or licensee to the City:
License Occupation Tax
(1) Retail liquor store license $ 750.
(2) Liquor-licensed drugstore license 750.
(3) Beer and wine license 800.
(4) Hotel and restaurant license 1,600.
(5) Tavern license 1,600.
(6) Brew pub license 1,600.
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(7) Club license 800.
(8) Arts license 150.
(9) All licenses to sell fermented malt beverages for consumption both
on and off the premises
750.
(10) All licenses to sell only fermented malt beverages by the drink for
consumption on the premises
750.
(11) All licenses to sell only fermented malt beverages and vinous
products in their original containers for consumption off the premises
750.
(12) Optional premises license (not associated with a hotel and
restaurant license)
1,600.
(13) Vintner’s restaurant license 1,600.
(14) Lodging and entertainment license 1,600.
(15) Distillery pub license 1,600.
. . .
Sec. 3-78. Modification of premises.
. . .
(b) Requests for changes, alterations or modifications of the licensed premises shall be on such
forms as are provided by the state licensing authority and, in addition, on such forms as may be
provided by the City, if any. The request shall be accompanied by plans and specifications, on
pages not larger than eight and one-half (8½) inches by eleven (11) inches, which shall be sufficient
to advise the Authority of the scope and nature of the proposed request and must include the
identification of areas where alcohol will be served and stored.
Sec. 3-79. Change of location.
No license issued by the Authority shall be transferred to another location howsoever proximate
without the approval of the Authority. The policies and procedures for such transfer of location of
licensed premises shall be the same as those for the issuance of new licenses, except information
and investigation regarding the applicant shall not be required. An application fee as provided in
§ 3-74 shall be charged.
. . .
Sec. 3-81. Report of disturbances.
. . .
(b) Each licensee and permit holder shall post and keep visible at all times to the public in a
conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches and a
minimum width of eleven (11) inches with each letter to be a minimum of one-half (½) inch in
height, which shall read as follows:
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“WARNING: Fort Collins Police Services must be notified of all disorderly acts, conduct or
disturbances and all unlawful activities which occur on or within the premises of this licensed
establishment.”
. . .
Sec. 3-83. Temporary permit.
. . .
(b) If the next regularly scheduled meeting of the Authority will not be held within five (5)
working days of the receipt by the City Clerk of an application for a temporary permit under this
Section, the City Clerk shall issue the temporary permit requested b y such an application provided
the Clerk first determines the following:
(1) That the applicant is in compliance with all applicable provisions of C.R.S. § 44-3-
303; and
(2) That a preliminary background check conducted by Police Services of the applicant
and its officers, directors and owners having a ten (10) -percent or more ownership interest
indicates that such persons have not been convicted of a felony or an offense involving
moral turpitude.
a. If either of these determinations cannot be made by the City Clerk with
respect to any application that the Clerk has authority to consider under this
Subsection (b), the Clerk shall not issue a temporary permit.
. . .
Sec. 3-84. Optional premises licenses.
. . .
(e) When submitting a request for the approval of an optional premises license, an applicant
shall also submit the following information:
. . .
(3) A description of the provisions which have been made for storing alcohol beverages in
a secured area on or off the optional premises for the future use on the optional premises.
. . .
Sec. 3-85. Distance restrictions.
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The distance restrictions imposed by C.R.S. § 44-3-313(1)(d)(I), prohibiting the sale of alcohol
beverages within five hundred (500) feet of the principal campus of any college or university, are
eliminated for any class of retail license except the retail liquor store license and the liquor-licensed
drugstore license, but only with respect to the distance between the proposed licensed premises
and the properties owned by the State Board of Agriculture for the benefit and use of Colorado
State University. Except as said distance restrictions are hereby eliminated with respect to
properties of Colorado State University, said distance restrictions shall continue in full force and
effect as they pertain to any other public or parochial school or the principal campus of any other
college, university or seminary.
Sec. 3-86. Bed and breakfast permit; exemptions.
(a) A person operating a bed and breakfast with not more than twenty (20) sleeping rooms that
offers complimentary alcohol beverages for consumption only on the premises and only by
overnight guests may be issued a bed and breakfast permit. A bed and breakfast licensee shall not
sell alcohol beverages by the drink and shall not serve alcohol beverages for more than four (4)
hours in any one (1) day.
(b) An applicant for a bed and breakfast permit is exempt from the provisions of Paragraphs
3-53(c)(4) and (5), but is subject to all other requirements of this Chapter.
Sec. 3-87. Tastings authorized; permit required.
(a) Tastings are authorized on the licensed premises of a retail liquor store licensee, a liquor-
licensed drugstore licensee or a fermented malt beverage and wine retailer licensee within the
City in accordance with C.R.S. § 44-3-301(10), 1 CCR 203-2:47-313, and subject to the
provisions of this Chapter.
. . .
(d) Retail liquor store licensees, liquor-licensed drugstore licensees and fermented malt
beverage and wine retailer licensees desiring to conduct tastings shall submit a tastings permit
application to the City.
(e) The Authority shall establish procedures for obtaining a tastings permit, which procedures
shall include, without limitation, conducting a noticed public hearing before the Authority at which
hearing the applicant must establish that the applicant is able to conduct tastings without violating
the provisions of this Chapter. The Authority may deny the application and any renewal application
if it finds that the applicant has violated any provision of the Colorado Liquor Code, Colorado
Code of Regulations or this Code pertaining to alcohol sales and service in the previous two (2)
years, if the applicant has not established the ability to conduct tastings in accordance with the
provisions of this Chapter or if the Authority finds that the proposed tastings would create a public
safety risk to the neighborhood. The notice required prior to the issuance of the permit shall be
posted and published as required by C.R.S. § 44-3-311.
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(f) The forms for the tastings permit application, the renewal application and the tastings permit
shall be prescribed by the Authority. These forms shall include, without limitation, a schedule
of the dates and times of the tastings to be conducted on the licensed premises during the term
of the permit. The licensee may deviate from the approved schedule, provided that:
(1) The licensee gives the City Clerk and the City’s liquor enforcement officer seven (7)
days’ prior written notice of such deviation; and
(2) Such deviation does not violate any provision of this Chapter, the Colorado Liquor Code,
Colorado Code of Regulations or any other state requirement or municipal ordinance or
regulation. An applicant for a tastings permit must also include with the filing of the
initial and any renewal application, and keep current with the City Clerk ’s office at all
times, written proof that the licensee and each employee of the licensee who will be
conducting the tastings have completed a server training program for tastings that meets
the standards required by state law.
(g) Renewal of a tastings permit shall be concurrent with the renewal of licenses for retail liquor
stores, liquor-licensed drugstores and fermented malt beverage and wine retailers. A
licensee’s initial tastings permit shall expire on the same date as the date of the licensee’s
retail liquor store, liquor-licensed drugstore, or fermented malt beverage and wine retailer
license expires. The initial tastings permit application fee shall not be prorated if the permit
expires in less than a year. Tastings permit renewal forms shall be submitted to the City Clerk.
(h) A tastings permit shall be conspicuously and prominently posted by the licensee on the
licensed premises at all times during business hours.
(i) A tastings permit shall only be issued to a retail liquor store, a liquor-licensed drugstore or a
fermented malt beverage and wine retailer licensee whose license is valid, not subject to a
current or pending enforcement action by the City or the State and in full force and effect.
Sec. 3-88. Limitations on tastings.
(a) Tastings within the City shall be subject to the following limitations:
(1) Tastings shall be conducted only by a person who has completed a server training
program that meets the standards established by the liquor enforcement division of the
Colorado Department of Revenue and is a retail liquor store, a liquor-licensed drugstore,
or fermented malt beverage and wine retailer licensee, or an employee of a retail liquor
store, liquor-licensed drugstore, or fermented malt beverage and wine retailer licensee, or
a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub,
manufacturer, limited winery, importer, or vintner’s restaurant promoting the alcohol
beverages for the tasting only on a licensee’s licensed premises, and only offering tastings
of the type of alcohol which that particular type of licensee is authorized to sell;
. . .
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(3) The size of an individual alcohol sample shall not exceed one (1) ounce of malt or
vinous liquor or one-half (½) of an ounce of spirituous liquor;
. . .
(7) The licensee shall promptly remove all open and unconsumed alcohol beverage samples
from the licensed premises, or shall destroy the samples immediately following the
completion of the tastings, or store any open containers of unconsumed alcohol
beverages in a secure area outside the sales area of the licensed premises for use at a
tasting at a later time or date;
. . .
Sec. 3-89. Violations of tastings permit.
(a) A violation of a limitation specified in §§ 3 -87 and 3-88 of this Article or a permit issued
thereunder or in C.R.S. § 44-3-301(10), by a retail liquor store, or a liquor-licensed
drugstore licensee, or fermented malt beverage and wine retailer licensee whether by the
licensee’s employees, agents or otherwise, shall be the responsibility of the retail liquor
store, liquor-licensed drugstore, or fermented malt beverage and wine retailer licensee who
is conducting the tasting.
(b) Retail liquor store, liquor-licensed drugstore and fermented malt beverage and wine retailer
licensees conducting a tasting shall be subject to the same revocation, suspension and
enforcement provisions as otherwise apply to those licensees by the Authority. The
Authority shall conduct a hearing with regard to any violation of § 3-87 and/or § 3-88 of
this Article in accordance with this Code, the Authority’s rules and regulations and C.R.S.
§ 44-3-601.
(c) Nothing in this Chapter shall affect the ability of a Colorado winery licensed pursuant to
C.R.S. §§ 44-3-402 or 44-3-403, to conduct a tasting pursuant to the authority of C.R.S. §§
44-3-402(2) or 44-3-403.
Sec. 3-90. Retail Establishment Permit
(a) A person operating a qualified retail establishment within the City may be issued a retail
establishment permit to serve complimentary alcohol beverages for consumption on their premises
in accordance with and subject to the provisions in C.R.S. § 44-3-424, the Colorado Liquor Rules
and this Chapter.
(b) The Authority is authorized to issue retail establishment permits in accordance with the
requirements of this Section.
(c) It shall be unlawful for any retail establishment to conduct alcohol beverage service within
the City without having first received a permit issued in accordance with this Section.
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(d) Retail establishments desiring to conduct complimentary alcohol beverage service within
the confines of this permit limitations shall submit a retail establishment permit application to the
City.
(e) The Authority shall establish procedures for obtaining a retail establishment permit. The
Authority may deny the application and any renewal application if it finds that the applicant fails
to establish that it is able to offer complimentary alcohol beverages without violating C.R.S. § 44-
3-424, or creating a public safety risk to the neighborhood of the applicant’s retail establishment.
(f) The forms for the retail establishment permit application, the renewal application and the
retail establishment permit shall be prescribed by the Authority. These forms shall include, without
limitation, a schedule of the dates and times of the complimentary alcohol service to be conducted
on the premises during the term of the permit.
ARTICLE IV.
ENTERTAINMENT DISTRICT
Division 1
General
Sec. 3-101. Purpose.
The purpose of this Article is to recognize the City Council ’s authority to create entertainment
districts in the City and to allow the Authority to approve and regulate promotional associations
and common consumption areas within the entertainment districts.
. . .
Sec. 3-103. Definitions.
. . .
Entertainment district shall have the same meaning as “entertainment district” defined under
C.R.S. § 44-3-103(15).
. . .
Sec. 3-106. Application.
All applications for a common consumption area, certification and recertification of a promotional
association, and attachment by a liquor license to a common consumption area of a certified
promotional association shall be filed with the City Clerk. All forms must be complete, including
all requisite exhibits in accordance with local requirements. Incomplete or erroneous applications
will be rejected.
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. . .
Division 2
Approved Entertainment Districts
Sec. 3-120. Entertainment District No. 1.
(a) There is hereby created Entertainment District No. 1, comprised of approximately 4.68
acres of property located east of College Avenue, northwest of Pine Street, northeast of Jefferson
Street, northwest of Linden Street and southwest of the Union Pacific r ailroad tracks, Larimer
County, State of Colorado. A map showing the location of Entertainment District No. 1 is on file
in the office of the City Clerk and shall be made available for public inspection upon request.
(b) No promotional association, nor any agent, manager or employee thereof, may serve, sell
or consume any alcohol beverage within Entertainment District No. 1 between the hours of 2:00
a.m. and 7:00 a.m.
Section 3. That Chapter 17, Article IV of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 17-70 which reads in its entirety as follows:
Sec. 17-70. Fraudulent Identification Documents Prohibited.
(a) No person shall:
(1) Possess a lawfully issued driver’s, minor driver’s, or temporary driver’s license or
instruction permit, knowing that such license or permit has been falsely altered by means
of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any
other means so that such license or permit in its thus altered form falsely appears or purports
to be in all respects an authentic and lawfully issued license or permit.
(2) Display or represent as being such person’s own any driver’s, minor driver’s , or
temporary driver's license or any instruction permit which was lawfully issued to another
person.
(3) Permit any unlawful use of a driver’s license issued to such person.
(4) Display, cause or permit to be displayed, or have in that person’s possession any
surrendered, fictitious, fraudulently altered, or fraudulently obtained identification card.
(5) Lend that person’s identification card to another person or knowingly permit the
use thereof by another.
(6) Display or represent any identification card to another not issued to that person as
being that person’s card.
(7) Permit any unlawful use of an identification card issued to that person.
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(8) Photograph, photostat, duplicate, or in any way reproduce any driver’s license or
identification card or facsimile thereof in such a manner that it could be mistaken for a
valid license, or to display or have in that person’s possession any such photograph,
photostat, duplicate, reproduction, or facsimile unless authorized by law.
(b) For the purposes of this Section, the following words, terms and phrases, shall have the
meanings ascribed to them:
(1) Driver’s license, minor driver’s license, or temporary driver’s license or instruction
permit shall mean a document issued by any national, state or local government permitting
a person to drive a motor vehicle.
(2) Identification card or Identification documents shall mean documents that were
issued for the purpose of identifying the person to whom the document was issued. Such
documents include, without limitation, documents issued by governmental agencies that
contain identifying data such as the date and place of birth of the person identified;; and
official identification cards.
(3) An identification document, driver’s license, minor driver’s license, or temporary
driver’s license or instruction permit is of another person if it was validly issued, but for
a person other than the possessor.
(c) A liquor licensee, or an employee of a liquor licensee, may seize and hold for evidence any
identification referenced in this Section if acting in good faith and upon probable cause to believe
that the identification is possessed or displayed or presented in violation of this Section.
(d) An offense under subsection (a)(5), (a)(6), (a)(7) or (a)(8) of this Section is a petty offense
punishable in accordance with § 1-15(h).
Section 4. That Section 17-141 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-141. Carrying or drinking alcohol or fermented malt beverages in certain places.
(a) No person shall carry or have any opened container of alcohol or fermented malt beverage
on any street, sidewalk, alley or other public place, in any automobile or on the grounds or in the
facilities of any public or private school, college or university except where authorized by the City
Manager or their designee of such place or the governing authority of such institution.
. . .
(d) As used in this Section:
…
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Opened container shall mean any container other than the original, closed container as
sealed or closed for sale to the public by the manufacturer or the bottler of the alcohol, vinous
liquor or fermented malt beverage. If an original container has been unsealed, undone or opened
in any manner, it shall be considered an opened container for purposes of this Section, except,
with regard to vinous liquors only, where the container has been opened and resealed in
compliance with C.R.S. §44-3-423(1), and such resealed container remains sealed and is not
present in the front driver or passenger co mpartment of an automobile. Also, if any alcohol or
fermented malt beverage has been transferred from its original container into another container,
whether that other container is closed or sealed in any way, the container into which the alcohol
or fermented malt beverage has been transferred shall be deemed to be an opened
container under this definition , unless otherwise authorized by law .
Section 5. That Chapter 17, Article IX of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 17-161. Definitions.
For the purposes of this Article, the following words, terms and phrases shall have the meanings
ascribed to them in this Section:
Ethyl alcohol shall mean any substance which is or contains ethyl alcohol and includes
fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the
Colorado Liquor Code, Colorado Beer and Wine Code and the Colorado Liquor Rules.
Marijuana shall have the same definition as in § 17-190.
. . .
Private place shall have the same definition as in § 17-130.
. . .
Sec. 17-167. Underage possession or consumption of alcohol prohibited.
. . .
(3) The person was a student who tasted but did not imbibe an alcohol beverage only
while under the direct supervision of an instructor. Such instructor must have been at least
twenty-one (21) years of age and employed by a post-secondary school. Such student shall
have been enrolled in a university or a post-secondary school accredited or certified by an
agency recognized by the United States Department of Education, or a nationally
recognized accrediting agency or association, or the “Private Occupational Education Act
of 1981”, C.R.S. Article 64 of Title 23. Such student must have participated in a culinary
arts, food service, or restaurant management degree program, and must have tasted but not
imbibed the alcohol beverage for instructional purposes as a part of a required course in
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which the alcohol beverage, except the portion the student tasted, remained under the
control of the instructor;
(g) The Municipal Court shall report violations of this Section and the failure to complete an
alcohol education program to the Colorado Department of Revenue pursuant to C.R.S., Part 1 in
Title 42 of Article 2.
. . .
Sec. 17-168. Social host for ethyl alcohol or marijuana possession or consumption by
persons under twenty-one years of age.
(3) A person who consumed ethyl alcohol was a student who tasted but did not imbibe
an alcohol beverage only while under the direct supervision of an instructor. Such
instructor must have been at least twenty-one (21) years of age and employed by a post -
secondary school. Such student shall have been enrolled in a university or a post -
secondary school accredited or certified by an agency recognized by the United States
Department of Education, or a nationally recognized accrediting agency or association,
or the “Private Occupational Education Act of 1981 ”, C.R.S. Article 64 of Title 23. Such
student must have participated in a culinary arts, food service, or restaurant management
degree program, and must have tasted but not imbibed the alcohol beverage for
instructional purposes as a part of a required course in which the alcohol beverage, except
the portion the student tasted, remained under the control of the instructor;
. . .
Sec. 17-169. Underage Sales Prohibited.
No person may sell, serve, deliver, exchange, give away, or cause or permit the sale, serving,
delivering, giving, or procuring of, any ethyl alcohol to a person under twenty-one (21) years of
age.
Sec. 17-170. Misrepresentation of Age Prohibited.
(a) No person may obtain or attempt to obtain any ethyl alcohol by misrepresentation of their
age or by any other method in any place where ethyl alcohol is sold when a person is under twenty-
one (21) years of age.
(b) A liquor licensee, or an employee of a liquor licensee, may seize and hold for evidence any
identification if acting in good faith and upon probable cause to believe that the identification is
possessed or displayed or presented in violation of this section.
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Introduced, considered favorably on first reading and ordered published this 5th day of December,
2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Senior Revenue Manager
Ryan Malarky, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 168, 2023, Amending Article III of Chapter 25 of the Code of City
of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase Effective January 1,
2024.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends Section 25-75 of
City Code to reflect the 0.50% sales and use tax approved by the voters at the City’s November 7, 2023,
election. The City of Fort Collins tax rate will increase from 3.85% to 4.35% beginning January 1, 2024.
The use of the revenue is specifically identified in the ballot measure and, in general, may be used for
parks and recreation facilities, environmental sustainability, and for public transit system improvements .
The tax will not apply to: (1) items exempt from sales and use tax under the City Code; (2) food for home
consumption; and (3) for the use tax only, manufacturing equipment.
The Ordinance would also amend Section 25-75 to remove reference to a 0.85% sales and use tax that
expired at midnight on December 31, 2020. City staff is recommending this change as a clean-up item to
remove extraneous provisions from the City Code
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
On August 15, 2023, Council adopted Resolution 2023-074 to refer a ballot measure to the City’s voters at
the November 7, 2023, regular election. The ballot measure proposed to increase the rate of the City’s
sales and use tax rate by the addition of a 0.50% sales and use tax.
On November 7, 2023, Fort Collins’s voters approved the 0.50% sales and use tax with the revenue
pledged for specific purposes as set forth in the ballot measure. The tax is effective January 1, 2024, and
will bring the City’s cumulative sales and use tax rate to 4.35% (with the use tax rate for manufacturing
equipment remaining at 3%). The tax expires at midnight on December 31, 2050. Below is the ballot
language that more specifically sets out the limitations on use of the revenue:
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
City-Initiated Ballot Issue No. 1
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $23,800,000 IN THE FIRST
FULL FISCAL YEAR (2024), AND BY SUCH AMOUNTS COLLECTED ANNUALLY
THEREAFTER, FROM A .50% SALES AND USE TAX BEGINNING JANUARY 1, 2024, AND
ENDING AT MIDNIGHT ON DECEMBER 31, 2050, WITH THE TAX REVENUES SPENT
ONLY FOR THE FOLLOWING:
50% FOR THE REPLACEMENT, UPGRADE, MAINTENANCE, AND
ACCESSIBILITY OF PARKS FACILITIES AND FOR THE REPLACEMENT AND
CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND POOL
FACILITIES,
25% FOR PROGRAMS AND PROJECTS ADVANCING GREENHOUSE GAS AND AIR
POLLUTION REDUCTION, THE CITY’S 2030 GOAL OF 100% RENEWABLE
ELECTRICITY, AND THE CITY’S 2050 GOAL OF COMMUNITY-WIDE CARBON
NEUTRALITY, AND
25% FOR THE CITY’S TRANSIT SYSTEM, INCLUDING, WITHOUT LIMITATION,
INFRASTRUCTURE IMPROVEMENTS, PURCHASE OF EQUIPMENT, AND
UPGRADED AND EXPANDED SERVICES;
AND WHILE CITY COUNCIL MAY EXERCISE ITS DISCRETION IN DECIDING THE
TIMING OF SPENDING FOR EACH CATEGORY, THAT SPENDING SHALL SUPPLEMENT
AND NOT REPLACE THE CURRENT CITY FUNDING FOR THE SPECIFIED PURPOSES
AND SHALL BE RECONCILED TO THE STATED PERCENTAGES BY THE END OF 2030,
2040, AND WHEN THE LAST REVENUES COLLECTED FROM THE TAX ARE SPENT, BUT
THIS TAX SHALL NOT APPLY TO:
ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX;
FOOD FOR HOME CONSUMPTION; AND
MANUFACTURING EQUIPMENT, BUT FOR THE USE TAX ONLY;
AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO
BE COLLECTED, RETAINED, AND SPENT AS A VOTER-APPROVED REVENUE CHANGE
NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION?
CITY FINANCIAL IMPACTS
The 0.50% sales and use tax is estimated to generate $23.8 million dollars in the first full fiscal year (2024).
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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ORDINANCE NO. 168, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 25 OF THE CODE OF THE CITY
OF FORT COLLINS FOR THE VOTER APPROVED ONE-HALF CENT
SALES TAX RATE INCREASE EFFECTIVE JANUARY 1, 2024
WHEREAS, Article XX, Section 6.g. of the Colorado Constitution grants to the City of
Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for
municipal purposes, subject to any limitations in the Colorado Constitution; and
WHEREAS, on November 16, 1967, the City Council in the exercise of its home rule
taxing powers, adopted Ordinance No. 058, 1967, to levy, collect, and enforce beginning on
January 1, 1968, a sales and use tax on the purchase of tangible personal property sold at retail in
the City and on certain taxable services provided in the City (the “Sales and Use Tax Code”); and
WHEREAS, the Sales and Use Tax Code is currently found in Article III of City Code
Chapter 25, which has been significantly amended many times since its adoption in 1967; and
WHEREAS, on August 15, 2023, the City Council adopted Resolution 2023-074 to refer
to the City’s voters at the City’s November 7, 2023, regular election, a ballot measure to increase
the rate of the City’s then existing sales and use tax by the addition of a fifty one-hundredths (0.50)
percent sales and use tax beginning on January 1, 2024, and ending at midnight on December 31,
2050, which the City’s voters approved; and
WHEREAS, City staff is recommending the City Code be amended to include the new tax
rate as a result of the voter approval of the ballot measure; and
WHEREAS, City staff is also recommending the City Code be amended to remove
reference to an eighty-five one-hundredths (0.85) percent tax to be used in accordance with the
terms and conditions of Ordinance No. 126, 2010, said tax having expired at midnight on
December 31, 2020, and automatically replaced by an eighty-five one-hundredths tax approved by
the voters at the City’s regular election held on April 2, 2019; and
WHEREAS, the City Council hereby finds that amending the Sales and Use Tax Code as
proposed in this Ordinance is in the best interests of the City and its taxpayers and promotes the
health, safety, and welfare of the community by providing for the accurate and efficient imposition,
collection, and enforcement of the City’s sales and use taxes.
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 25-75 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 25-75. Rate of tax.
(a) The amount of tax hereby levied is four and thirty-five hundredths (4.35) percent of the
purchase price of tangible personal property and taxable services except that the amount of use tax
levied on manufacturing equipment is three (3) percent of the purchase price. This tax is composed
of a rate of two and twenty-five hundredths (2.25) percent that does not expire and is not restricted
in the use of its proceeds and the remaining rate of two and ten hundredths (2.10) percent is
comprised of the following voter-approved taxes:
(1) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on
December 31, 2030, the proceeds of which are to be used for the purposes of acquiring,
operating and maintaining open spaces, community separators, natural areas, wildlife
habitat, riparian areas, wetlands and valued agricultural lands, and to provide for the
appropriate use and enjoyment of these areas by the citizenry, pursuant to the provisions
of the Citizen-Initiated Ordinance No. 1, 2002;
(2) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on
December 31, 2025, the proceeds of which are to be used for the purpose of paying the
costs of planning, design, right-of-way acquisition, incidental upgrades and other costs
associated with the repair and renovation of City streets, including, but not limited to,
curbs, gutters, bridges, sidewalks, parkways, shoulders and medians;
(3) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on
December 31, 2025, the proceeds of which are to be used for the purpose of paying the
costs of planning, design, real property acquisition, and construction, the capital projects
specified in the "Community Capital Improvement Program" and five (5) years of
operation and maintenance for those capital projects specified in Ordinance No. 013, 2015
, all of which shall be subject to the terms and conditions of Ordinance No. 013, 2015; and
(4) An eighty-five one-hundredths (0.85) percent tax, of which the rate of twenty-five
one-hundredths (0.25) percent shall expire at midnight on December 31, 2030, and its
revenues shall be used to fund municipal operations and maintenance and for any other
public purposes. The remaining rate of sixty one-hundredths (0.60) shall not expire and its
revenues shall be used to help sustain public safety service levels and fund municipal
operations and maintenance, and to fund any other public purposes, except fifteen and sixty
one-hundredths (15.60) percent of these revenues shall be used to fund the fire protection
and emergency services being provided by the Poudre Fire Authority (PFA) under the
City’s existing agreement with the Poudre Valley Fire Protection District (District), or in
such other amount as the City and the District may agree, but absent an agreement between
them for PFA’s services, these revenues may be used as determined by City Council.
(5) A fifty one-hundredths (0.50) percent tax beginning January 1, 2024, and that expires at
midnight on December 31, 2050, the proceeds of which are to be used generally for parks and
recreation facilities, greenhouse gas and air pollution goals, and for transit system purposes, as
more specifically set forth in the terms and conditions of Ordinance No. 168, 2023.
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Section 3. That the revenues generated by the fifty one-hundredths percent (0.50%)
sales and use tax imposed pursuant to this Ordinance (the “Tax”) shall be used only for the
following purposes:
(a) Fifty percent (50%) for the replacement, upgrade, maintenance, and accessibility
of parks facilities and for the replacement and construction of indoor and outdoor
recreation and pool facilities;
(b) Twenty-five percent (25%) for programs and projects advancing greenhouse gas
and air pollution reduction, the City’s 2030 goal of 100% renewable electricity, and
the City’s 2050 goal of community-wide carbon neutrality; and
(c) Twenty-five percent (25%) for the City’s transit system, including, without
limitation, infrastructure improvements, purchase of equipment, and upgraded and
expanded services.
And while the City Council may exercise its discretion in deciding the timing of spending for each
category, that said spending shall supplement and not replace the current City funding for the
specified purposes and shall be reconciled to the state percentages by the end of 2030, 2040, and
when the last revenues collected from the tax are spent.
Section 4. That the Tax shall not apply to: (1) all items exempt from sales and use tax
under the City Code, as may be amended; (2) food for home consumption as provided by City
Code Section 25-73(b)(12); and (3) for the use tax only, manufacturing equipment.
Section 5. That the full amount of the revenues, and investment earnings thereon,
derived from the Tax may be retained by the City, notwithstanding any state revenue or
expenditure limitations including, but not limited to, those contained in Article X, Section 20 of
the Colorado Constitution.
Section 6. That new Section 25-75(a)(5) of the City Code as set forth herein shall take
effect at 12:01 a.m. on January 1, 2024.
Section 7. That except as provided herein, all other provisions of Chapter 25 of the
City Code shall remain unchanged and in full force and effect unless otherwise rescinded or
modified by action of the City Council.
Introduced, considered favorably on first reading and ordered published this 5th day of December,
2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 98
Item 7.
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Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 99
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Davina Lau, Public Engagement Specialist
Jenny Lopez Filkins, Deputy City Attorney
SUBJECT
Second Reading of Ordinance No. 169, 2023, Amending Chapter 2, Article III of the Code of the City
of Fort Collins to Update Ex-officio Member Provisions for Various Boards and Commissions.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an amendment
to add an ex-officio seat for the Housing Catalyst to the Affordable Housing Board and to eliminate ex-
officio members from the Art in Public Places Board and Water Commission.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During the August 8, 2023, Council work session reviewing the recommendations from the Ad Hoc Council
Committee on Boards and Commissions, there was discussion concerning the Housing Catalyst’s request
for ex-officio representation on the Affordable Housing Board (AHB). Council expressed interest in
changing the City Code to allow an ex-officio representative from the Housing Catalyst to serve on the
Affordable Housing Board. After the work session, direction was given for staff to craft criteria for Council
to consider when a request is made to add an ex-officio, nonvoting member to a board or commission.
During the October 24, 2023, Council work session, general consensus was given for the following:
An ex-officio member is an individual who serves on a board by virtue of holding a position with a non-City
organization and who represents that organization when serving as an ex-officio member to a City board
or commission.
Council will formally select the entity that serves as ex-officio to the board by a Code update and the
entity will then appoint. No formal appointment by the Council of the individual ex-officio member is
desired.
Ex-officio members should be non-voting members of the board.
The entity could lend a regional expertise that the City does not have through other partnerships.
Page 100
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
For an organization to be considered for an ex-officio seat on a board or a commission the following must
apply:
The organization must be nonpartisan and a governmental or quasi-governmental entity.
The organization includes members or employees who are experts in the field of work that falls wit hin
the functions of the board.
The entity’s expertise is needed on an ongoing basis.
The work of the other entity aligns with the board’s functions.
The following may apply:
The City is a party to an intergovernmental agreement with the other organization.
The City has a financial tie to the organization.
A City Councilmember serves as a liaison or board member to that organization.
The request for a representative from Housing Catalyst to serve on AHB meets all the above criteria.
After the October 24, 2023, Council work session, staff determined that the new Active Modes Advisory
Board should form and meet to discuss their ex-officio needs and provide a recommendation to Council.
The new Board will start in April 2024.
During the October 24, 2023, Council work session, Councilmembers expressed interest in eliminating all
current ex-officio members from City boards and commissions, except adding an ex-officio member to the
Affordable Housing Board. On September 19, 2023, Council adopted Ordinance No. 118, 2023, which
eliminated ex-officio members from the Women’s Advisory Board effective January 1, 2024. Currently, City
Code allows ex-officio membership on the Women’s Advisory Board, the Art in Public Places Board and
the Water Commission. With this Ordinance, the ex-officio memberships on the Art in Public Places Board
and Water Commission will be eliminated.
Similarly, each board and commission is encouraged to include an ex-officio assessment, using the criteria
above, in their work plans which are due in November of every year and bring forth a recommendation for
Council consideration at a future date, if one is needed.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Affordable Housing Board unanimously supported the recommendation during their July 6, 2023,
meeting for the following reasons:
In recognition of the contributions of expertise and local knowledge of a Housing Catalyst staff or board
member.
A non-voting seat avoids conflicts of interest so that quorum can be more easily attained.
Residency limits would not apply to this seat.
Their recommendation was also supported by the Ad Hoc Council Committee on Boards and Commissions.
Page 101
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
All board and commissions were given the opportunity to provide feedback on the purpose and utilization
of ex-officio members and are encouraged to discuss further during the 2024 year.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 102
Item 8.
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ORDINANCE NO. 169, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE III OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE EX-OFFICIO MEMBER
PROVISIONS FOR VARIOUS BOARDS AND COMMISSIONS
WHEREAS, the City has numerous boards and commissions, created by the City Council
by ordinances, that perform a wide range of functions, including advising City Council and City
staff on areas of particular knowledge or expertise; and
WHEREAS, on November 15, 2022, the City Council adopted Resolution 2022-122
creating an ad hoc committee on boards and commissions (“Committee”) to consider and make
recommendations to improve efficiency and consistency of board and commission processes and
reduce barriers to participation; and
WHEREAS, on July 19, 2023, at its final meeting, the Committee recommended to City
Council several changes to the composition and functions of several advisory boards, and
eliminating most one-year board member terms; and
WHEREAS, the City Council’s discussion included ex-officio membership on City boards
and commissions; and
WHEREAS, an ex-officio member is an individual who serves as a non-voting member on
a board or commission because of a position they hold with a non-City organization; and
WHEREAS, the Committee recommended allowing an ex-officio representative from the
Housing Catalyst to serve on the Affordable Housing Board; and
WHEREAS, during its August 8, 2023, work session, City Councilmembers expressed
interest in adding an ex-officio Housing Catalyst staff member to the Affordable Housing Board
because of their relevant knowledge and expertise; and
WHEREAS, current City Code provisions describing the membership of the Women’s
Advisory Board include ex-officio members from Colorado State University and Larimer County;
and
WHEREAS, on September 19, 2023, City Council adopted Ordinance No. 118, 2023,
changing the name, functions and composition of what had been the Women’s Advisory Board to
the Women and Gender Equity and Advisory Board, effective January 1, 2024; and
WHEREAS, effective January 1, 2024, the membership of the Women and Gender Equity
and Advisory Board will not include ex-officio members; and
WHEREAS, during its October 24, 2023, work session, Councilmembers expressed
interest in uniformity and consistency in determining which boards or commissions will be allowed
to include ex-officio members; and
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Item 8.
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WHEREAS, the Council work session provided input to staff about criteria to considered
in determining whether a board or commission’s membership should include an ex-officio
members or members; and
WHEREAS, City staff has developed assessment tools and indicators for the City Council
to consider in deciding whether to allow ex-officio membership on a City board or commission;
and
WHEREAS, the assessment tools and indicators include whether the non-City organization
has and could lend relevant regional expertise, knowledge or experience to a City board or
commission through an ex-officio member, whether the non-City organization is nonpartisan,
governmental or a quasi-governmental entity; whether the organization includes members or
employees who are experts in areas that fall within the functions of the relevant board or
commission, whether the expertise or knowledge is needed on an ongoing basis, and whether the
work of the other entity aligns with the board or commission’s functions; and
WHEREAS, other factors that may apply include whether the City and the organization
are parties to an intergovernmental agreement, whether the City has a financial tie to the
organization and whether a City Councilmember serves as a liaison or board member of the
organization; and
WHEREAS, during the October 24, 2023, work session, Councilmembers expressed
interest in eliminating all current ex-officio members from City boards and commissions; and
WHEREAS, during the October 24, 2023, work session, Councilmembers encouraged City
staff to work with boards and commissions to provide input to City Council about ex-officio
membership through their annual work plan process and bring forth a recommendation for ex-
officio membership if appropriate; and
WHEREAS, the Art in Public Places Board and the Water Commission membership
currently includes ex-officio members and the City Council is interested in amending the Code to
eliminate the ex-officio members until such time as the City Council may amend the Code to allow
ex-officio membership on this board or commission using the process described above; and
WHEREAS, the City Council finds that the proposed changes to the City Code are in the
best interests of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-102 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 104
Item 8.
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Sec. 2-102. - Affordable Housing Board.
(a) The City shall have an Affordable Housing Board, hereafter referred to in this Section as
the "Board." The Board shall consist of seven (7) members. In connection with the solicitation,
consideration, and appointment of members to the Board, the City Council may give preference to
and consider an applicant's experience or training in, or familiarity with, affordable housing issues,
including, without limitation, issues pertaining to development, finance, lending, charitable and
low-income services, and general community services. It is also desirable that at least one Board
member be a current or former resident of affordable housing. In addition to the seven (7) Board
members appointed by the City Council, the Housing Catalyst may appoint a representative to
serve as an ex officio nonvoting member to the Board. Such Housing Catalyst appointee shall not
be subject to any residency requirement, nor shall the ex-officio member be considered in
determining whether a quorum is present.
(b) The duties and functions of the Board shall be:
(1) To advise the City Council and City staff on all matters pertaining to affordable
housing issues of concern to the City;
(2) To advise and make recommendations to City staff, the Human Services and
Housing Funding Board, and the City Council concerning the expenditure of City funds
for affordable housing;
(3) To aid and guide the development of City-wide affordable housing programs to
address currently existing and potential affordable housing issues;
(4) To promote citizen participation and public education on City-wide affordable
housing issues; and
(5) To be aware of and coordinate with the various other City boards, commissions and
authorities, City departments, and other organizations and entities whose actions may affect
affordable housing in the community.
Section 3. That Section 2-143 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-143. - Art in Public Places Board.
(a) The City shall have an Art in Public Places Board, hereafter referred to in this Section as
the "Board." The Board shall consist of seven (7) members. Three (3) of the Board members shall
be arts professionals. For the purpose of this Section, arts professional shall mean a person who
has either a degree in a visual arts related field and/or extensive professional experience in the
visual arts. Upon the request of the City Council, the Cultural Resources Board shall recommend
to the City Council arts professionals for appointment to the Board.
(b) The Board shall have the following functions:
Page 105
Item 8.
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(1) To advise and make recommendations to the City Council regarding incorporation
of works of art into construction projects and regarding expenditures from the art in public
places reserve account for artists, works of art and sites for placement of works of art,
following established and published guidelines;
(2) To advise and make recommendations to the City Council regarding the acceptance
of offers to donate art to be placed in public areas and regarding the site for placement of
such donated art; and
(3) To advise and make recommendations to the Director of Community Services and
the City Council as to rules, regulations, guidelines, policy, administrative and budgetary
matters pertaining to the art in public places program.
Section 4. That Section 2-178 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-178. - Water Commission.
(a) The City shall have a Water Commission, h ereafter referred to in this Section as the
"Commission." The Commission shall consist of nine (9) members.
(b) The general purposes of the Commission shall be to advise the City Council in matters
pertaining to water, wastewater and stormwater utility po licy issues and to act as a quasi-judicial
body relating to certain matters. The Commission shall have the following functions:
(1) To advise the City Council regarding water rights planning, acquisition and
management; service and development fees; water rental rates; annual budgets; service
area delineation; master planning; development and design criteria; water conservation;
public information and education; drought emergency; regulatory issues; water quality
issues; and local, state and federal l egislation;
(2) To act as a quasi -judicial body relating to floodplain regulation variances,
stormwater fee disputes, and storm drainage design criteria variances;
(3) To provide advice and citizen input regarding proposed policies and actions
affecting the customers of the water, wastewater and stormwater utilities;
(4) To advise the City Council regarding other water -related policy issues pertaining
to environmental and recreational uses of water, regional and state water issues and
projects and obligations to Fort Collins citizens outside of the water utility service area;
(5) To make recommendations to the City Council concerning stormwater facilities
in the City, including the appropriate division of the City into separate drainage basi ns.
These basins shall separately fund the stormwater facilities to be installed to serve each
basin. The Commission shall recommend the facilities needed for each basin to provide
Page 106
Item 8.
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adequate stormwater drainage in the basin. Such recommendations shall inclu de the
following for each drainage basin:
a. The facilities to be installed;
b. The time and schedule for installation of facilities;
c. The method of assessing costs of facilities to be installed against property in
the basin; and
d. The portion of the cost of facilities to be funded by the property in the basin
and the portion, if any, of such cost which should be paid by the City as a whole;
Before making a recommendation for any stormwater project, the Commission shall
analyze the project and compare the total benefits to be achieved with the anticipated cost
of the project. Projects shall be recommended if the analysis indicates that the total
benefits are greater than the cost of the project;
(6) To review and make recommendations to the City Council on a master drainage
plan to be developed for stormwater facilities by the City administration, with such
recommendations to include proposed methods of funding any master drainage plan as
finally approved;
(7) To consider all variances and appeals from the application of the provisions of
the provisions of Chapter 10 of this Code, Flood Prevention and Protection;
(8) To hear the petition of any owner or owners of property in the City who dispute
the amount of the stormwater utility fee o r stormwater basin fee made against such
owner's property or who dispute any determination made by or on behalf of the City
pursuant to and by authority of Chapter 26, Article VII of this Code and shall make such
revision or modification of such charge or determination as it shall deem appropriate in
accordance with § 26 -520;
(9) To make recommendations to City Council regarding policy or technical matters
related to stormwater management. The Commission shall make comments on policy
items prepared by ot her City departments; and
(10) To hear the petition of any owner or owners of property in the City who dispute
or seek a variance in the City's "Storm Drainage Design Criteria and Construction
Standards."
(c) Final decisions of the Commission under Subsections (b)(7), (b)(8) and (b)(10) shall be
subject to the right of appeal to the City Council as set forth in § 2 -46 et seq.
Section 5. That the revisions to the City Code set forth in this Ordinance will go into
effect on January 1, 2024.
Page 107
Item 8.
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Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 108
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning & Development Specialist
Ryan Malarky, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 170, 2023, Authorizing the Conveyance of a Permanent Non-
Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and the City of
Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland Water District.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, authorizes a permanent
non-exclusive utility easement over a portion of the Northern Colorado Regional Airport property to allow
for the installation and maintenance of a regional waterline to serve the Fort Collins-Loveland Water
District’s (the “District”) public water system. This project will directly benefit the Airport by providing water
infrastructure to areas that currently lack it and service connection points, which have been strategically
located to serve future Airport development.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement (“IGA”) that formed
the Northern Colorado Regional Airport Commission, which delegated certain powers and authority to
operate and maintain the Airport. However, only the City Councils have the authority to grant easements
as permanent property rights at the Airport.
In connection with the planned upgrades to the District’s water system, an agreement for a permanent non-
exclusive easement for a regional waterline (the "Easement") has been negotiated by staff from the Airport,
both Cities, and the District. The Easement area consists of 6.233 acres along the north and east
boundaries of the Airport.
Under City Code Section 23-111, the City Council may sell, convey, exchange, or otherwise dispose of any
and all interests in City-owned real property if the City Council finds, by ordinance, that such sale or
disposition is in the best interests of the City. City Code Section 23-114 requires that any sale, lease or
other conveyance of property must be for an amount equal to or greater than the fair market value of such
interest unless the City Council or City Manager, as applicable, determines that such sale or lease serves
a bona fide public purpose by meeting certain criteria.
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Here, the conveyance of the Easement will result in the City, at a minimum, receiving fair market value,
because the District has agreed to install certain water infrastructure improvements on Airport property that
will benefit the Airport.
The Airport conducted an appraisal in conformance with the guidelines and recommendations set forth in
the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), the Uniform Standards of
Professional Appraisal Practice (USPAP) and the Uniform Relocation Assistance and Real Property
Acquisition Act. It also conforms to the requirements of the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute. The appraisal concluded that the value to the
Airport of the new infrastructure on its property was approximately $854,141. The value of the land to be
encumbered by the Easement is estimated at $327,233, resulting in a net benefit of approximately
$526,908 to the Airport.
The conveyance of the Easement is in the best interests of the City because it will allow the District to
create a more robust and reliable water system that serves, in part, much of south Fort Collins. The
Easement will also encourage future private development at the Airport by providing water infrastructure to
areas of Airport property where such infrastructure is lacking. This future development will be in alignment
with the Airport Master Plan, which has been approved by City Council.
The Airport Commission considered the conveyance of the Easement at a public meeting and voted to
recommend its approval by the City Councils.
CITY FINANCIAL IMPACTS
The Easement does not have material financial impacts to the City but does result in a net benefit to the
Airport of approximately $526,908 in new water infrastructure.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Northern Colorado Regional Airport Commission recommended that the City Councils approve the
Easement with a 5-0 vote at their September 21, 2023, meeting.
PUBLIC OUTREACH
The item was discussed at two Airport Planning & Development Subcommittee meetings and one Airport
Commission meeting, all of which are public meetings.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 110
Item 9.
- 1 -
ORDINANCE NO. 170, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-EXCUSIVE UTILITY
EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY OF FORT COLLINS
AND THE CITY OF LOVELAND AT THE NORTHERN COLORADO REGIONAL
AIRPORT TO THE FORT COLLINS-LOVELAND WATER DISTRICT
WHEREAS, the City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property located in Loveland (the “Property”) known
as the Northern Colorado Regional Airport (the “Airport”); and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”); and
WHEREAS, in connection with the expansion of its public water systems, the Fort
Collins-Loveland Water District (the “District”) has requested the Cities grant it an easement
(the “Easement”) over Airport property for the installation of a regional waterline that will, in
part, service residents of southern Fort Collins; and
WHEREAS, as consideration to the Airport and the Cities, the District will install
water service infrastructure in locations to be determined by Airport staff that will extend
service to portions of Airport property anticipated for future development in accordance with
the Airport Master Plan; and
WHEREAS, a professional appraiser valued the Easement to be conveyed and the new
infrastructure to benefit the Airport, and has determined that the value of the infrastructure
exceeds the value of the Easement; and
WHEREAS, the Cities desire to grant the Easement on the terms and conditions more
fully set forth in the Easement Agreement attached hereto as Exhibit A and incorporated
herein by this reference (the “Easement Agreement”); and
WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey,
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or disposition is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and a dopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City’s conveyance of the
Easement in exchange for the District’s installation of water infrastructure on the Airport
results in the City receiving, at a minimum, fair market value for the Easement.
Page 111
Item 9.
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Section 3. That the City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit A with such
modifications or additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City or
effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 112
Item 9.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the _____ day of __________, 20__, by and between the
City of Fort Collins, Colorado, a municipal corporation, and the City of Loveland, Colorado, a municipal corporation,
hereinafter referred to jointly as “the Grantors” and Fort Collins-Loveland Water District, a quasi-municipal
corporation and a political subdivision of the state of Colorado, hereinafter referred to as “the District”.
WHEREAS, Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”) located
in Loveland, Colorado on a parcel of property legally described in “Exhibit A” attached hereto and incorporated herein
(hereinafter the “Grantors’ Property”); and
WHEREAS, the District desires to install, and obtain an easement for, a regional waterline under and through
Grantors’ Property for connection to the portion of the District’s public water system located east of the Grantors’
Property; and
WHEREAS, as consideration for this easement, the District has agreed to install such waterline in a manner that
will benefit the Airport and Grantors by bringing water infrastructure to areas of the Grantors’ Property that may be
developed in the future, as further described herein.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained, and other good and valuable
consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantors have granted and
conveyed and by these presents do grant and convey unto the District, its successors and assigns, a permanent non-
exclusive easement (the “Easement”) for the installation, construction, maintenance, inspection, operation, replacement,
enlargement, and/or removal of one (1) or more domestic waterlines of such size and capacity as the District determines
and all underground and surface appurtenances thereto, including without limitation metering stations and other fixtures
(collectively, the “Facilities”), in, through, over, across, and upon that portion of the Grantors’ Property described and
depicted below (the “Easement Area”):
See “Exhibit B” – Legal Description of Easement Area.
See “Exhibit C” – Easement Area depiction.
In addition to the foregoing grant of easement by the Grantors to the District, the Grantors further grant and
convey to the District the following rights and privileges:
A.The right to grade the full width of the Easement Area and to provide no less than five feet (5’) and
no more than six feet (6’) of earth cover, measured vertically from the top of any part of the waterline; provided,
however, that if the District determines that more than six feet (6’) of earth cover is necessary or appropriate,
the District will coordinate with Airport staff to perform such grading at a time that does not unduly interfere
with Airport operations. For purposes of this Agreement, the term “Airport staff” shall mean the individual(s)
designated and authorized by Grantors to make the decisions and take the actions described and directed herein.
The District may rely on the information and direction given by Airport staff pursuant to this Agreement and
shall have no obligation to verify that any particular individual has been duly authorized by the Grantors to
provide such information and/or direction.
B.Subject to Airport security requirements and prior written consent of Airport staff which shall not
be unreasonably withheld, the right of ingress and egress in, to, through, over and across the Easement Area by
means of existing roads (whether public or private) located on the Grantors’ Property.
C.The right to grade, construct, maintain, and use any access roads upon the Grantors’ Property within
the Easement Area for such purposes of initial construction and ongoing maintenance with prior written consent
of the Airport staff in the exercise of its right of ingress and egress to and from the Easement. For any
construction or alteration on the Easement or Grantors’ Property, the District will be required to complete and
submit to the Federal Aviation Administration a Form 7460-1 “Notice of Proposed Construction or Alteration.”
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 113
Item 9.
D.To mark the location of the Easement Area and/or the waterline with paint or markers set in the
ground provided that any such markers remaining after the period of construction of the Facilities shall be placed
in locations which will not interfere with any reasonable use of the Easement Area by the Grantors.
E.For all of the District’s access needs to the Easement Area or any other portion of Grantors’
Property, such access is subject to the prior written consent of Airport staff pursuant to the Northern Colorado
Regional Airport’s security requirements and other applicable laws, plans, policies, and rules and regulations.
It is the parties’ intent to provide the District with as much access as possible to the Easement Area while
complying with the various rules and regulations associated with operating an Airport.
F.All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
G. Other public utilities such as sanitary sewer, storm sewer, gas, electric, and cable lines may be
installed in the Easement as long as they do not interfere with the District’s rights hereunder and meet the
District’s requirements for separation and crossing of utilities.
The Grantors hereby covenant and agree to and with the District, its successors and assigns that:
A. Except as otherwise provided in this subparagraph A, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall not erect or place any permanent building,
structure, improvement, fence, tree, berm, or hard landscaping on the Easement Area, excluding the installation
of permanent paved surfaces, including but not limited to roadways and taxiways needed for Airport purposes
over the Easement Area by the Grantors. In the event of the placement of any such obstacles within the Easement
Area contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantors
to remove such disallowed obstacles from the Easement Area and, in the event the Grantors fail to do so upon
request, the District may remove such obstacles at the Grantors’ expense and without any liability for repair or
replacement thereof. Notwithstanding the foregoing, the Grantors, their heirs, personal representatives,
administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses
and other groundcover and small shrubs upon the Easement Area which are usual and customary for the full
use and enjoyment of the Grantor’s Property. The District shall be responsible at its sole cost and expense for
repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by
the District.
B. The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement Area and the Grantors’ Property, and that the Grantors have a good and lawful right to
convey the Easement to the District.
C.The District shall have the right of subjacent and lateral support to whatever extent is necessary or
desirable for the full, complete and undisturbed enjoyment of the rights described in this Agreement. The
Grantors shall take no action that would impair the earth cover over, or the lateral or subjacent support for, any
of the Facilities within the Easement.
The District does hereby covenant and agree to and with the Grantors as follows:
A.The District will install five (5) water main stubs each fitted with a valve and a fire hydrant
assembly in locations to be determined by Airport staff in writing that provide the capability to extend water
service into portions of the Grantors’ Property anticipated to be subject to future development. For the avoidance
of doubt, all fees associated with connecting to the District’s water system shall be paid by the entity desiring
to make such connection.
B.The District shall not fence or otherwise enclose the Easement Area, except during periods of
construction and repair.
C.All trenches and excavations made in the laying or repairing of the Facilities shall be properly
backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All large
gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill after
normal settling of the soil so that the use and enjoyment of said Easement Area by the Grantors shall be suitable
for the purpose now used, subject to the District’s rights hereunder. The District will maintain the trench area
and the Facilities at its own cost and expense.
D.The District may not use the Easement Area or any of Grantors’ Property for any purpose other
than to transport, serve and distribute potable water. If the Easement is used by the District for any purpose other
than stated herein, the Easement may be terminated at the Grantors’ sole discretion and all of the right, title and
interest of District (and District’s successors or assigns) in and to the Easement become null and void, and the
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 114
Item 9.
Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not
been executed, without the necessity for suit or re-entry and District shall remove improvements. No act or
omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of
this paragraph.
E.Grantors reserve the right to use the Easement Area and Grantors’ Property for any purposes that
will not interfere with District’s full enjoyment of the rights granted herein.
F.To the extent allowed by law, District agrees to indemnify and hold harmless the Grantors, their
officers, employees, and agents, from and against all liability, claims, and demands on account of any injury,
loss, or damage arising out of or connected with District’s use of the Easement, if such injury, loss, or damage,
or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the District
or any officer, employee, agent, or contractor of the District, or any other person for whom the District is
responsible. The District shall notify Grantors and provide a copy of any and all written claims or demands
within two business days of receipt. The District’s indemnification obligation shall not be construed to extend
to any injury, loss, or damage caused by the negligent act or omission of the Grantors.
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then-
current email address for the addressee, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to District:
District Engineer
Fort Collins-Loveland Water District
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 115
Item 9.
5150 Snead Drive
Fort Collins, CO 80525
It is mutually agreed between the parties hereto that:
A. Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District, the Grantors shall retain the right to use and enjoy the Easement Area.
B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives, successors, or assigns of the parties hereto.
C. Whenever used herein, the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D. This Easement is and shall be subordinate to the provision of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of the Airport, the execution
of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds
for the benefit of the Airport. Grantors shall give the District adequate written notice of any future agreements
that may impair any grant contained in this Agreement.
E.This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and, except as provided herein, may not be modified or amended except by written agreement of the parties. In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such
holding shall not invalidate or render unenforceable any other provision of this Easement. This Agreement shall
be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
F.This Agreement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Agreement. Facsimile, scanned and other electronic signatures permitted by law,
for purposes of this Agreement, shall be deemed as original signatures.
G. This Agreement shall be recorded in the real property records of the Clerk and Recorder of Larimer
County, Colorado.
[Remainder of Page Intentionally Left Blank]
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 116
Item 9.
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 117
Item 9.
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 118
Item 9.
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 119
Item 9.
EXHIBIT B
Legal Description of Easement Area
[Attached]
B1 – North Half
B2 – South Half
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 120
Item 9.
EXHIBIT "B-1"
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EXHIBIT C
Depiction of Easement Area
[Attached]
C1 – North Half
C2 – South Half
EXHIBIT A TO ORDINANCE NO. 170, 2023
Page 125
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EXHIBIT "C-1"
NORTH
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EXHIBIT "C-1"
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EXHIBIT "C-1"
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EXHIBIT "C-1"
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EXHIBIT "C-1"
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EXHIBIT "C-2"
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EXHIBIT "C-2"
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Sophie Buckingham, Civil Engineer II
Heather N. Jarvis, Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 171, 2023, Vacating a Portion of Public Right-of-Way Dedicated
by the Redwood Village PUD Phase II Plat.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, approves the vacation of a
portion of public right-of-way that has never been used for street purposes. Once this right-of-way area is
vacated, the property will be privately developed as a multifamily housing project, and new public right-of-
way will be dedicated to support the housing project and provide public street connections to the adjacent
Northfield subdivision.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The plat of Redwood Village PUD Phase II dedicated public right-of-way for several local streets, including
Bellflower Drive, Mullein Drive, Sundrop Circle, and Ginseng Circle. After the plat was filed, the property
was never developed, and the vested right for the development plan expired. The undeveloped right-of-
way is no longer compatible with the surrounding streets and neighborhoods. For example, due to the
alignment of Suniga Road through the property, the existing right-of-way for Bellflower Drive intersects the
right-of-way for Suniga Road at an angle that is not permitted by the Larimer County Urban Area Street
Standards. See Figure 1. Additionally, when the Northfield property directly to the east was developed, the
Northfield project dedicated right-of-way for two public streets to continue into the property that had been
proposed as Redwood Village PUD Phase II. Per Section 3.6.3(F) of the Land Use Code, development of
the property that had been proposed as Redwood Village PUD Phase II is required to continue the street
stubs dedicated by the Northfield development, which requires vacation of the existing right-of-way and
dedication of new right-of-way to align with these street stubs. The property that had been proposed as
Redwood Village PUD Phase II is now proposed to be developed as a multifamily housing project called
Enclave at Redwood. The plat of Enclave at Redwood will dedicate new right-of-way to continue the street
stubs from the Northfield property and provide other connections to the existing public street network. See
Figure 2. The Enclave at Redwood site plan was approved by the Planning and Zoning Commission, and
the final development plans are currently under review. The Enclave at Redwood plat cannot be recorded
until the existing right-of-way is vacated.
Page 135
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
Figure 1. Right-of-Way Dedicated by Redwood Village PUD Phase II Plat
Page 136
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Figure 2. Right-of-Way Proposed to be Dedicated by Enclave at Redwood Plat
CITY FINANCIAL IMPACTS
There will be no financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Enclave at Redwood project, which requires vacation of the portion of Redwood Village PUD Phase II
right-of-way, first went to the Planning and Zoning Commission as PDP210004 and was approved on June
16, 2022. After that approval, an amendment went to the Planning and Zoning Commission as MJA220003
and was approved on April 20, 2023.
PUBLIC OUTREACH
In accordance with City Code Section 23-115(d), potentially affected utility agencies, City staff, emergency
service providers, and affected property owners in the vicinity have been notified of the request for right-
of-way vacation. Property owners in the surrounding neighborhoods (Northfield and Meadows at Redwood
Page 137
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
PUD Phase I Replat) were notified of the proposed Enclave at Redwood development and invited to the
neighborhood meetings and public hearings for the project.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 138
Item 10.
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ORDINANCE NO. 171, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED BY THE
REDWOOD VILLAGE PUD PHASE II PLAT
WHEREAS, the plat of the Redwood Village PUD Phase II project (the “Former Redwood
Project”), recorded on August 17, 1984, at Larimer County Records Reception No. 581682, Book
2285 Page 1285, included dedication to the public a right-of-way for several local streets, including
Bellflower Drive, Mullein Drive, Sundrop Circle, and Ginseng Circle; and
WHEREAS, after the Former Redwood Project plat was filed, the property was never
developed, and the vested right for the development plan expired; and
WHEREAS, the undeveloped right-of-way dedicated in the Former Redwood Project plat
is no longer compatible with the surrounding streets and neighborhoods and is not compliant with
the Larimer County Urban Area Street Standards; and
WHEREAS, when the Northfield project developed the property directly to the east of the
former Redwood project property, the Northfield project dedicated right-of-way and installed
street stubs for two public streets, Steely Drive and Collamer Drive, to continue into the former
Redwood project property, which streets differ from the streets in the Former Redwood Project
plat; and
WHEREAS, under Land Use Code Section 3.6.3(F), any new development of the Former
Redwood Project property is required to continue the street stubs dedicated by the Northfield
project; and
WHEREAS, continuation of the street stubs dedicated by the Northfield project requires
vacation of the existing right-of-way from the Former Redwood Project and dedication of new
right-of-way to align with the new street stubs; and
WHEREAS, the Enclave at Redwood project intends to develop the Former Redwood
Project property, and the Enclave at Redwood has requested that the City vacate the portion of the
Former Redwood Project right-of-way described on Exhibit “A”, attached hereto and incorporated
herein by this reference; and
WHEREAS, the Enclave at Redwood plat will dedicate new right-of-way to continue the
street stubs from the Northfield property and provide other connections to the existing public street
network; and
WHEREAS, in accordance with City Code Section 23-115(d), pertinent City staff,
potentially affected utility companies, emergency service providers, and affected property owners
in the vicinity of the right-of-way have been notified of the proposed right-of-way vacation, and
no objection has been reported to the proposed vacation; and
WHEREAS, the City Engineer recommends approval of the right-of-way vacation; and
Page 139
Item 10.
- 2 -
WHEREAS, in accordance with City Code Section 23-115(e), the Planning Development
and Transportation Director recommends that the Former Redwood Project right-of-way be
vacated, which will facilitate thoughtful and effective adjustments to the street network in this
area; and
WHEREAS, the rights of the residents of Fort Collins will not be prejudiced or injured by
the vacation of the portion of the Former Redwood Project right-of-way; and
WHEREAS, the portion of Former Redwood Project right-of-way is no longer necessary
or desirable to retain for right-of-way purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that the portion of right-
of-way dedicated via the Former Redwood Project plat, more particularly described on Exhibit
“A”, is no longer needed for right-of-way purposes and that it is in the public interest to vacate the
same.
Section 3. That the portion of right-of-way dedicated via the Former Redwood Project
plat is hereby vacated, abated, and abolished, provided that this vacation shall not take effect until
this Ordinance is recorded with the Larimer County Clerk and Recorder.
Section 4. In accordance with City Code Section 23-115(f), title to that portion of the
former Redwood project right-of-way vacated by this ordinance shall vest in accordance with
Colorado Revised Statutes Section 43-2-302.
Introduced and considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Page 140
Item 10.
- 3 -
Passed and adopted on final reading this 19th day of December, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Page 141
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RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO.
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CITY OF FORT COLLINS, COLORADO 2
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LEGAL DESCRIPTION
SITUATED IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 7 NORTH,
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LEGAL DESCRIPTION
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LEGAL DESCRIPTION
SITUATED IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 7 NORTH,
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LEGAL DESCRIPTION
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ILLUSTRATION - PARCEL A SDCJRF
EXHIBIT
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RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO.
11-08-23
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LINE & CURVE TABLES SDCJRF
EXHIBIT
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Page 152
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
Kelley Vodden, Compensation, Benefits, and Wellness Director
Aaron Guin, Senior Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 172, 2023, Adopting the 2024 Classified Employee Pay Plan.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, recommends the 2024 City
Classified Employee Pay Plan. Classified jobs are grouped according to job functions, a business practice
commonly used by both the public and private sectors. Pay ranges are developed by career group
(management, professional, administrative, operations and trades) and level for each job function. The
result of this work is a City Classified Employee Pay Plan (Pay Plan) which sets the minimum, midpoint,
and maximum pay ranges for the level within each career group and function. Actual employee pay
increases are awarded through a separate administrative process in accordance with the budgeted amount
approved by Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
OPEN PAY RANGES
The City utilizes a common compensation methodology to assess jobs, combine them into job functions
and establish pay range structures. The result of this work sets the minimum, midpoint, and maximum pay
ranges for the levels within each career group and function.
Pay ranges are reviewed annually as part of a comprehensive market pricing analysis. Pay ranges are
grouped and driven by job functions that are based upon the findings of a recruiting analysis conducted
to determine where positions are typically sourced. Pay range midpoints are determined by looking at
aggregate market data for positions or groups of positions and rolled up to a median of the market for
functional groupings, with high and low outliers removed.
Jobs for which there is no external benchmark are evaluated and placed in the Pay Plan using a job
evaluation system that is calibrated against benchmark jobs.
Page 153
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Individual salary placement in a pay range is based on an employee’s knowledge, skills, abilities,
performance, and experience, paired with internal equity considerations and budget availability to ensure
horizontal alignment across the City.
Market Data Sources
Employers Council - Colorado Benchmark Compensation Survey
Employers Council - Public Employers Compensation Survey
Willis Towers Watson - General Industry Compensation Survey
Payfactors – Peer Global Network Survey
Recommended Open Pay Range Structure Adjustments
As a result of the market analysis, Human Resources (HR) Compensation staff recommends a 2.5%
increase for all open pay ranges, excluding Legal Services & Executive Tables. Actual employee salary
increases are determined administratively within the Council-adopted employee pay increase budget.
STEP PLAN
The City has 13 jobs that are part of the Step Plan pay structure. Step level jobs are designed to
compensate employees whose jobs require mastery in a range of skills that are complex and/or technical
in nature or also require attainment of predefined licenses and/or certifications. Pay progression is directly
linked to skills and certification acquisition. Employees in Step Plan jobs may receive labor market
adjustments as determined by the annual market analysis.
Market Data Sources
Employers Council - Colorado Benchmark Compensation Survey
Employers Council - Public Employers Compensation Survey
Employers Council - Rural Electric Association Survey
Payfactors – Peer Global Network Survey
Recommended Step Plan Adjustments
As a result of the market analysis, HR Compensation staff recommends changes to Step Plan jobs,
varying from 2.5% to 8.0% increases . Employees in Step Plan jobs will receive a market adjustment
consistent with the analysis.
COLLECTIVE BARGAINING UNIT
Police collective bargaining unit (CBU) positions are included in the Pay Plan to establish pay for such
positions until market data is collected and pay is established according to the Council-approved collective
bargaining agreement. The pay plan for classified positions not in the CBU is taken to Council for
consideration and adoption by ordinance in late December and before the new payroll year. Terms of the
collective bargaining agreement between the City and the police employee organization call for market
data to be collected close to the end of the calendar year, so there is a delay in gathering market data for
the CBU positions. This results in City staff bringing an amended Pay Plan back to Council for
consideration early in the first quarter of the year.
CITY FINANCIAL IMPACTS
The estimated net cost for the adjustments to the Step Plan jobs is approximately $243,000 and will be
absorbed within the 2024 operating budgets approved by Council.
Page 154
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 155
Item 11.
-1-
ORDINANCE NO. 172, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2024 CLASSIFIED EMPLOYEE PAY PLAN
WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified
employees of the City shall be established by ordinance of the City Council; and
WHEREAS, the City is committed to compensating employees in a manner that is fair,
competitive and understandable; and
WHEREAS, the annual market analysis conducted by the Human Resources Department
includes public and private employer salary survey information, including Colorado public
employers and national general industry compensation, providing clear benchmark information
for approximately 464 benchmark positions; and
WHEREAS, the 2024 City of Fort Collins Classified Employee Pay Plan (the “Pay Plan”)
recommended by the City Manager is consistent with City Council objectives and the Council-
approved budget for 2024; and
WHEREAS, the City Council believes that the adoption of the recommended pay plan is
in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby adopts the Pay Plan a copy of which is
attached hereto as Exhibit “A” and incorporated herein by this reference.
Section 3. That the Pay Plan shall be effective as of January 8, 2024, the first pay
period of 2024.
Section 4. That the City Manager shall fix the compensation levels of all classified
employees within the pay levels established in the Pay Plan except to the extent that the City
Manager determines, due to performance or other extraordinary circumstances, that the pay level
of a particular employee should remain below the minimum or be fixed above the maximum for
that employee’s job title.
Section 5. That the City Manager shall fix the salary for newly created positions or
positions that are modified due to changes in job duties within the approved pay structure based
on results of an objective job analysis.
Page 156
Item 11.
-2-
Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 157
Item 11.
JOB TYPE LEVEL JOB FUNCTION
P049 P2 FINANCE & ACCOUNTING
P003 P1 TECHNOLOGY
P005 P1 TECHNOLOGY
P016 P1 HUMAN RESOURCES
P179 P1 ADMINISTRATION
P122 P1 TECHNOLOGY
P020 P1 FINANCE & ACCOUNTING
P002 P1 TECHNOLOGY
P170 P1 FINANCE & ACCOUNTING
P023 P1 HUMAN RESOURCES
P028 P2 TECHNOLOGY
P123 P2 TECHNOLOGY
P124 P2 HUMAN RESOURCES
P136 P2 FINANCE & ACCOUNTING
P133 P2 TECHNOLOGY
P050 P2 FINANCE & ACCOUNTING
P031 P2 TECHNOLOGY
P183 P2 HUMAN RESOURCES
P101 P4 TECHNOLOGY
P032 P2 PLANNING
P145 P4 TECHNOLOGY
P109 P4 TECHNOLOGY
O019 O6 CULTURE, PARKS & RECREATION
P060 P2 FINANCE & ACCOUNTING
A001 A2 LEGAL
A002 A2 ADMINISTRATION
A008 A3 ADMINISTRATION
A020 A4 ADMINISTRATION
P043 P2 FINANCE & ACCOUNTING
P008 P1 SCIENCES & ENGINEERING
M042 M2 DEVELOPMENT & COMPLIANCE
P158 P3 ADMINISTRATION
P051 P2 ADMINISTRATION
M072 M3 ADMINISTRATION
M079 M3 SCIENCES & ENGINEERING
M064 M3 SCIENCES & ENGINEERING
P009 P1 SCIENCES & ENGINEERING
P037 P2 SCIENCES & ENGINEERING
P078 P3 SCIENCES & ENGINEERING
P202 P4 MARKETING & CREATIVE SERVICES
A097 A4 FINANCE & ACCOUNTING
A021 A4 FINANCE & ACCOUNTING
A015 A4 FINANCE & ACCOUNTING
Coord, Sales Tax & Audit Rev REVENUE SALES TAX AUDIT & REVENUE 4
Coordinator, AR / Billing ACCOUNTING ACCOUNTS RECEIVABLE / BILLING 4
Coordinator, Accounts Payable ACCOUNTING ACCOUNTS PAYABLE 4
Civil Engineer II ENGINEERING CIVIL ENGINEERING 3
Civil Engineer III ENGINEERING CIVIL ENGINEERING 3
Comm & Pub Relations Manager COMMUNICATIONS COMMUNICATIONS 4
City Clerk MUNICIPAL ADMINISTRATION CITY CLERK 4
City Engineer ENGINEERING CIVIL ENGINEERING 3
City Traffic Engineer ENGINEERING TRAFFIC ENGINEERING 3
Civil Engineer I ENGINEERING CIVIL ENGINEERING 3
Chief Deputy City Clerk MUNICIPAL ADMINISTRATION CITY CLERK 4
Chief Deputy City Clerk MUNICIPAL ADMINISTRATION CITY CLERK 4
Business Support III ADMINISTRATION ADMINISTRATION 4
Buyer II PURCHASING PURCHASING 4
Chemist SCIENCES CHEMISTRY 3
Chief Building Official BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Bailiff JUDICIAL CUSTOMER SERVICE 4
Business Support I ADMINISTRATION ADMINISTRATION 4
Business Support II ADMINISTRATION ADMINISTRATION 4
Asst Superintendent, Parks OUTDOOR SERVICES PARKS 1
Auditor II,Sales Tax & Revenue REVENUE SALES TAX AUDIT & REVENUE 4
Architect, Landscape PARK PLANNING LANDSCAPE 1
Architect, Portfolio Mgmt TECHNOLOGY PORTFOLIO MANAGEMENT 3
Architect, Technology DATA SCIENCE DATA SCIENCE 3
Analyst II, Finance FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Analyst II, GIS GIS GIS 3
Analyst II, HRIS HRIS HRIS 4
Architect, IT Security INFORMATION SECURITY INFORMATION SECURITY 3
Analyst II, Apps Software Dev APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Analyst II, Benefits BENEFITS BENEFITS 4
Analyst II, Budget BUDGET BUDGET 4
Analyst II, Bus Intelligence DATA SCIENCE BUSINESS INTELLIGENCE 3
Analyst I, GIS GIS GIS 3
Analyst I, Grant Administrator FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Analyst I, HRIS HRIS HRIS 4
Analyst II, Apps Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Analyst I, Benefits BENEFITS BENEFITS 4
Analyst I, Bus Sys & Elections MUNICIPAL ADMINISTRATION CITY CLERK 4
Analyst I, Data DATA SCIENCE DATA ANALYSIS 3
Analyst I, Finance FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
CITY OF FORT COLLINS
2024 PAY PLAN INDEX
JOB TITLE JOB FAMILY JOB SUB FAMILY TABLE
Accountant II ACCOUNTING ACCOUNTING 4
Administrator I, Systems SYSTEMS SYSTEMS ADMINISTRATION 3
Analyst I, Apps Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 158
Item 11.
A093 A4 PLANNING
A102 A4 HUMAN RESOURCES
A071 A4 DEVELOPMENT & COMPLIANCE
A028 A4 MARKETING & CREATIVE SERVICES
A031 A4 CULTURE, PARKS & RECREATION
A074 A4 CUSTOMER SERVICE
A022 A4 FINANCE & ACCOUNTING
A017 A4 HUMAN RESOURCES
A036 A4 PROTECTIVE SERVICES
A018 A4 FINANCE & ACCOUNTING
A023 A4 CUSTOMER SERVICE
A098 A4 HUMAN RESOURCES
A096 A4 CULTURE, PARKS & RECREATION
A103 A4 CULTURE, PARKS & RECREATION
O036 O4 PROTECTIVE SERVICES
S013 S1 OPERATIONS
S006 S1 OPERATIONS
S012 S1 CULTURE, PARKS & RECREATION
S059 S1 CULTURE, PARKS & RECREATION
S010 S1 CULTURE, PARKS & RECREATION
S074 S1 CULTURE, PARKS & RECREATION
S052 S1 OPERATIONS
S053 S1 OPERATIONS
A062 A5 PROTECTIVE SERVICES
A090 A6 PROTECTIVE SERVICES
A069 A6 PROTECTIVE SERVICES
A105 A6 PROTECTIVE SERVICES
P014 P1 CULTURE, PARKS & RECREATION
A060 A5 ADMINISTRATION
S002 S1 LEGAL
A005 A3 LEGAL
A013 A4 LEGAL
M081 M3 SUSTAINABILITY
M073 M3 OPERATIONS
M069 M3 SUSTAINABILITY
M066 M3 SUSTAINABILITY
M074 M3 OPERATIONS
M082 M3 FINANCE & ACCOUNTING
M120 M3 OPERATIONS
M067 M3 FINANCE & ACCOUNTING
M086 M3 SCIENCES & ENGINEERING
M089 M3 SCIENCES & ENGINEERING
M065 M3 MARKETING & CREATIVE SERVICES
M075 M3 CULTURE, PARKS & RECREATION
M114 M3 SCIENCES & ENGINEERING
M078 M3 FINANCE & ACCOUNTING
M083 M3 OPERATIONS
M088 M3 HUMAN RESOURCES
M040 M3 PROTECTIVE SERVICES
M127 M3 CULTURE, PARKS & RECREATION
M068 M3 PLANNING
M071 M3 CULTURE, PARKS & RECREATION
M084 M3 OPERATIONS
M139 M3 OPERATIONS
Director, Park Planning PARK PLANNING LANDSCAPE 1
Director, Parks OUTDOOR SERVICES PARKS 1
Director, Plant Operations PLANT OPERATIONS PLANT OPERATIONS 2
Director, Plant Operations PLANT OPERATIONS PLANT OPERATIONS 2
Director, FP&A FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Director, Facilities & Fleet FACILITIES & FLEET FACILITIES & FLEET 2
Director, Human Resources TALENT MANAGEMENT HUMAN RESOURCES 4
Director, Information Services PROCESSING SUPPORT INFORMATION SERVICES 5
Director, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Director, Civil Engineering ENGINEERING CIVIL ENGINEERING 3
Director, Civil Engineering ENGINEERING CIVIL ENGINEERING 3
Director, Communications COMMUNICATIONS COMMUNICATIONS 4
Director, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Director, Elec Engineering ENGINEERING ELECTRICAL ENGINEERING 3
Director, Accounting ACCOUNTING ACCOUNTING 4
Director, Broadband BROADBAND BROADBAND 2
Director, Budget BUDGET BUDGET 4
Dir, Economic Sustainability ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Dir, Electric Distribution ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Dir, Environ Sustainability ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Dir, Social Sustainability SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Dir, Transportation Operations TRANSPORTATION TRANSPORTATION OPERATIONS 2
Deputy Court Administrator JUDICIAL ADMINISTRATION 4
Deputy Court Clerk I JUDICIAL CUSTOMER SERVICE 4
Deputy Court Clerk II JUDICIAL CUSTOMER SERVICE 4
Curator CULTURAL SERVICES CULTURAL SERVICES 1
Deputy City Clerk MUNICIPAL ADMINISTRATION CITY CLERK 4
Crew Chief, Water Field Ops WATER UTILITIES WATER FIELD OPERATIONS 2
Crime Analyst PROCESSING SUPPORT INFORMATION SERVICES 5
Crime Analyst PROCESSING SUPPORT INFORMATION SERVICES 5
Criminalist INVESTIGATION INVESTIGATION 5
Criminalist, Serology INVESTIGATION INVESTIGATION 5
Crew Chief, Forestry OUTDOOR SERVICES FORESTRY 1
Crew Chief, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Crew Chief, Parks OUTDOOR SERVICES PARKS 1
Crew Chief, Parks Facilities OUTDOOR SERVICES PARKS 1
Crew Chief, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Coordinator, Theatre Prod CULTURAL SERVICES CULTURAL SERVICES 1
Coordinator, Youth Education CULTURAL SERVICES CULTURAL SERVICES 1
Court Security Officer OPERATIONS ENFORCEMENT 5
Crew Chief, Electric Dist ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Crew Chief, Facilities FACILITIES & FLEET FACILITIES 2
Coordinator, HRIS HRIS HRIS 4
Coordinator, Outreach INVESTIGATION OUTREACH 5
Coordinator, Payroll ACCOUNTING PAYROLL 4
Coordinator, Public Engagement OUTREACH PUBLIC ENGAGEMENT 4
Coordinator, Talent Acquisitio TALENT MANAGEMENT TALENT ACQUISITION 4
Coordinator, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Coordinator, Communications COMMUNICATIONS COMMUNICATIONS 4
Coordinator, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Coordinator, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Coordinator, Finance FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Coordinator, Active Modes TRANSPORTATION PLANNING ACTIVE MODES 1
Coordinator, Benefits BENEFITS BENEFITS 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 159
Item 11.
M077 M3 FINANCE & ACCOUNTING
M070 M3 CULTURE, PARKS & RECREATION
M085 M3 SCIENCES & ENGINEERING
M159 M3 SCIENCES & ENGINEERING
M121 M3 TECHNOLOGY
M123 M3 HUMAN RESOURCES
M076 M3 OPERATIONS
M108 M3 OPERATIONS
A106 A4 CULTURE, PARKS & RECREATION
P199 P2 SCIENCES & ENGINEERING
P201 P2 SCIENCES & ENGINEERING
P198 P3 SCIENCES & ENGINEERING
P200 P3 SCIENCES & ENGINEERING
P195 P4 SCIENCES & ENGINEERING
P196 P4 SCIENCES & ENGINEERING
P012 P1 SCIENCES & ENGINEERING
P143 P2 SCIENCES & ENGINEERING
P039 P2 SCIENCES & ENGINEERING
P077 P3 SCIENCES & ENGINEERING
O038 O4 OPERATIONS
P112 P1 TECHNOLOGY
P004 P1 TECHNOLOGY
P138 P2 TECHNOLOGY
P029 P2 TECHNOLOGY
P030 P2 TECHNOLOGY
P001 P1 ADMINISTRATION
A043 A5 ADMINISTRATION
P160 P1 FINANCE & ACCOUNTING
P185 P2 ADMINISTRATION
P173 P4 SCIENCES & ENGINEERING
O023 O3 DEVELOPMENT & COMPLIANCE
A061 A5 PROTECTIVE SERVICES
O001 O1 SCIENCES & ENGINEERING
P102 P4 FINANCE & ACCOUNTING
P150 P3 FINANCE & ACCOUNTING
A086 A6 MARKETING & CREATIVE SERVICES
A066 A6 FINANCE & ACCOUNTING
P194 P3 ADMINISTRATION
P099 P3 HUMAN RESOURCES
O064 O6 DEVELOPMENT & COMPLIANCE
O052 O6 DEVELOPMENT & COMPLIANCE
O087 O6 DEVELOPMENT & COMPLIANCE
O073 O6 DEVELOPMENT & COMPLIANCE
P197 P3 HUMAN RESOURCES
S011 S1 PROTECTIVE SERVICES
P193 P4 ADMINISTRATION
A040 A5 CUSTOMER SERVICE
P081 P3 CULTURE, PARKS & RECREATION
P159 P3 SUSTAINABILITY
P092 P3 SUSTAINABILITY
P135 P3 SUSTAINABILITY
P065 P3 ADMINISTRATION
P097 P3 SUSTAINABILITY
P084 P3 DEVELOPMENT & COMPLIANCE
Lead Spc, Soc Sustainability SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Lead Spc, Special Events NEIGHBORHOOD SERVICES SPECIAL EVENTS 1
Lead Spc, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Lead Spc, Econ Sustainability ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Lead Spc, Env Sustainability ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Lead Spc, Homelessness SOCIAL SUSTAINABILITY HOMELESSNESS 1
Lead Spc, Process Improvement PROJECT MANAGEMENT PROCESS IMPROVEMENT 4
Lead Inspector, Zoning COMPLIANCE ZONING 1
Lead L&P Safety Specialist SAFETY & RISK MANAGEMENT SAFETY 4
Lead Park Ranger OPERATIONS RESOURCE MANAGEMENT 5
Lead Project Manager PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Lead Rep, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Lead EO Compliance Specialist ADMINISTRATION EQUAL OPPORTUNITY 4
Lead EO Investigator TALENT MANAGEMENT EMPLOYEE RELATIONS 4
Lead Inspector Code Compliance COMPLIANCE CODE COMPLIANCE 1
Lead Inspector, Construction COMPLIANCE CONSTRUCTION INSPECTION 1
Lead Inspector, Rental Housing COMPLIANCE RENTAL HOUSING 1
Lab Assistant SCIENCES SCIENCES 3
Lead Analyst, Utility Rate UTILITY UTILITY RATE ANALYSIS 4
Lead Auditor, Sales Tax & Rev REVENUE SALES TAX AUDIT & REVENUE 4
Lead Coord, Communications COMMUNICATIONS COMMUNICATIONS 4
Lead Coord, Utility Rate/Fee UTILITY UTILITY RATE / FEE 4
HR Comm & Project Manager PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Halligan Project Manager ENGINEERING CIVIL ENGINEERING 3
Inspector, Code Compliance COMPLIANCE CODE COMPLIANCE 1
Investigative Aide INVESTIGATION INVESTIGATION 5
Engineer II, Systems SYSTEMS SYSTEMS ENGINEERING 3
Exec Assistant To The City Mgr ADMINISTRATION ADMINISTRATION 4
Executive Admin Assistant ADMINISTRATION ADMINISTRATION 4
Executive Assist, City Council ADMINISTRATION ADMINISTRATION 4
Engineer I, Fiber FIBER FIBER 3
Engineer I, Network NETWORK NETWORK ENGINEERING 3
Engineer II, Fiber FIBER FIBER 3
Engineer II, Network NETWORK NETWORK ENGINEERING 3
Electrical Engineer II ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer II ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer III ENGINEERING ELECTRICAL ENGINEERING 3
Electrician FACILITIES & FLEET ELECTRICIAN 2
Elec Engr III OT & Protect Sys ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr III, Automation ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr IV, Automation ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr IV, OT & Protect Sys ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer I ENGINEERING ELECTRICAL ENGINEERING 3
Director, Transit TRANSPORTATION TRANSIT 2
Director, Water Field Ops WATER UTILITIES WATER FIELD OPERATIONS 2
Early Childhood Teacher RECREATION RECREATION 1
Elec Engr II OT & Protect Sys ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr II, Automation ENGINEERING ELECTRICAL ENGINEERING 3
Director, Recreation RECREATION RECREATION 1
Director, Sciences SCIENCES SCIENCES 3
Director, Tech Grid Ops & Engr ENGINEERING ELECTRICAL ENGINEERING 3
Director, Technology TECHNOLOGY TECHNOLOGY 3
Director, Total Compensation COMPENSATION/BENEFITS/WELLNES TOTAL COMPENSATION 4
Director, Purchasing PURCHASING PURCHASING 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 160
Item 11.
P154 P3 ADMINISTRATION
P191 P3 ADMINISTRATION
P155 P3 MARKETING & CREATIVE SERVICES
P085 P3 CULTURE, PARKS & RECREATION
P047 P3 MARKETING & CREATIVE SERVICES
P104 P3 CULTURE, PARKS & RECREATION
P115 P3 HUMAN RESOURCES
P165 P3 CULTURE, PARKS & RECREATION
P141 P3 CUSTOMER SERVICE
P093 P3 HUMAN RESOURCES
P072 P3 SCIENCES & ENGINEERING
P091 P3 ADMINISTRATION
M111 M1 ADMINISTRATION
A068 A6 MARKETING & CREATIVE SERVICES
O065 O6 OPERATIONS
A108 A6 TECHNOLOGY
A065 A6 SCIENCES & ENGINEERING
A067 A6 MARKETING & CREATIVE SERVICES
A009 A3 LEGAL
O092 O4 OPERATIONS
O006 O3 OPERATIONS
M023 M1 PLANNING
M116 M1 ADMINISTRATION
M001 M1 TECHNOLOGY
M002 M1 TECHNOLOGY
M125 M1 HUMAN RESOURCES
M034 M1 PLANNING
M105 M1 OPERATIONS
M143 M1 OPERATIONS
M008 M1 SCIENCES & ENGINEERING
M115 M1 DEVELOPMENT & COMPLIANCE
M005 M1 DEVELOPMENT & COMPLIANCE
M016 M1 CULTURE, PARKS & RECREATION
M021 M1 CUSTOMER SERVICE
M033 M1 SUSTAINABILITY
M103 M1 OPERATIONS
M100 M1 SUSTAINABILITY
M032 M1 PLANNING
M026 M1 FINANCE & ACCOUNTING
M128 M1 CULTURE, PARKS & RECREATION
M004 M1 TECHNOLOGY
M020 M1 MARKETING & CREATIVE SERVICES
M144 M1 HUMAN RESOURCES
M102 M1 HUMAN RESOURCES
M151 M1 HUMAN RESOURCES
M022 M1 PLANNING
M018 M1 MARKETING & CREATIVE SERVICES
M153 M1 DEVELOPMENT & COMPLIANCE
M029 M1 FINANCE & ACCOUNTING
M012 M1 OPERATIONS
M129 M1 ADMINISTRATION
M017 M1 CUSTOMER SERVICE
M130 M1 FINANCE & ACCOUNTING
M027 M1 OPERATIONS
Manager, Purchasing PURCHASING PURCHASING 4
Manager, Real Estate FACILITIES & FLEET REAL ESTATE 2
Manager, Neighborhood Svcs NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Manager, Payroll ACCOUNTING PAYROLL 4
Manager, Plant Operations PLANT OPERATIONS PLANT OPERATIONS 2
Manager, Project Management PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Manager, Public Engagement COMMUNICATIONS COMMUNICATIONS 4
Manager, HR Business Partner TALENT MANAGEMENT EMPLOYEE RELATIONS 4
Manager, HR Operations ADMINISTRATION ADMINISTRATION 4
Manager, HRIS HRIS HRIS 4
Manager, Historic Preservation CITY PLANNING HISTORIC PRESERVATION 1
Manager, Marketing MARKETING MARKETING 4
Manager, Environ Planning ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Manager, FP&A FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Manager, Forestry OUTDOOR SERVICES FORESTRY 1
Manager, GIS GIS GIS 3
Manager, Graphic Design MEDIA GRAPHIC DESIGN 4
Manager, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Manager, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Manager, Econ Sustainability ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Manager, Elec Distr Hi Voltage ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Manager, Env Sustainability ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Manager, Broadband BROADBAND BROADBAND OPERATIONS 2
Manager, Broadband Operations BROADBAND BROADBAND OPERATIONS 2
Manager, Civil Engineering ENGINEERING CIVIL ENGINEERING 3
Manager, Compliance COMPLIANCE COMPLIANCE 1
Manager, Construction Inspect COMPLIANCE CONSTRUCTION INSPECTION 1
Manager, Administration ADMINISTRATION ADMINISTRATION 4
Manager, Applications Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Manager, Apps Software Dev APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Manager, Benefits BENEFITS BENEFITS 4
Manager, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Legal Assistant LEGAL LEGAL SUPPORT 4
Locator, Elec Dist - Field OpS ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Locator, Elec Dist - Field Ops ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Manager, Active Modes TRANSPORTATION PLANNING ACTIVE MODES 1
Lead Tech, Graphic Design MEDIA GRAPHIC DESIGN 4
Lead Tech, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Lead Technician, Network Engr NETWORK NETWORK ENGINEERING 3
Lead Technician, Sciences SCIENCES SCIENCES 3
Lead Technician, Video Prod MEDIA VIDEO PRODUCTION 4
Lead Specialist, Public Engage OUTREACH PUBLIC ENGAGEMENT 4
Lead Specialist, Safety SAFETY & RISK MANAGEMENT SAFETY 4
Lead Specialist, Sciences SCIENCES SCIENCES 3
Lead Specialist, Security SAFETY & RISK MANAGEMENT SECURITY 4
Lead Sr Facilities Project Mgr PROJECT MANAGEMENT FACILITIES PROJECT MANAGEMENT 4
Lead Specialist, Forestry OUTDOOR SERVICES FORESTRY 1
Lead Specialist, Marketing MARKETING MARKETING 4
Lead Specialist, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Lead Specialist, Occptnl Hlth SAFETY & RISK MANAGEMENT OCCUPATIONAL HEALTH 4
Lead Specialist, Parks OUTDOOR SERVICES PARKS 1
Lead Spec, Emergency Mgmt PROJECT MANAGEMENT EMERGENCY MANAGEMENT 4
Lead Spec, Equity & Inclusion ADMINISTRATION ADMINISTRATION 4
Lead Specialist, Communication COMMUNICATIONS COMMUNICATIONS 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
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Item 11.
M024 M1 CULTURE, PARKS & RECREATION
M152 M1 DEVELOPMENT & COMPLIANCE
M138 M1 MARKETING & CREATIVE SERVICES
M019 M1 SCIENCES & ENGINEERING
M131 M1 TECHNOLOGY
M119 M1 SUSTAINABILITY
M145 M1 SCIENCES & ENGINEERING
M009 M1 TECHNOLOGY
M003 M1 TECHNOLOGY
M015 M1 HUMAN RESOURCES
M030 M1 HUMAN RESOURCES
M106 M1 ADMINISTRATION
M007 M1 SCIENCES & ENGINEERING
M156 M1 OPERATIONS
M013 M1 OPERATIONS
M112 M1 PLANNING
M031 M1 MARKETING & CREATIVE SERVICES
M006 M1 OPERATIONS
M122 M1 SCIENCES & ENGINEERING
M014 M1 HUMAN RESOURCES
O051 O6 OPERATIONS
P011 P1 SCIENCES & ENGINEERING
P134 P2 SCIENCES & ENGINEERING
P075 P3 SCIENCES & ENGINEERING
M154 M1 DEVELOPMENT & COMPLIANCE
M150 M1 TECHNOLOGY
M146 M1 PLANNING
M148 M1 LEGAL
S019 S2 LEGAL
O058 O4 PROTECTIVE SERVICES
O013 O2 OPERATIONS
O026 O3 PROTECTIVE SERVICES
O076 O4 PROTECTIVE SERVICES
O011 O2 OPERATIONS
O009 O2 OPERATIONS
O069 O3 OPERATIONS
O021 O3 OPERATIONS
O022 O3 OPERATIONS
A064 A6 LEGAL
O037 O4 PROTECTIVE SERVICES
O010 O2 DEVELOPMENT & COMPLIANCE
O066 O3 DEVELOPMENT & COMPLIANCE
P062 P2 HUMAN RESOURCES
P052 P2 PLANNING
P048 P2 PLANNING
P046 P2 PLANNING
P187 P1 PLANNING
P113 P2 PLANNING
A073 A6 DEVELOPMENT & COMPLIANCE
M090 M3 PROTECTIVE SERVICES
P103 P4 PROTECTIVE SERVICES
A087 A5 LEGAL
P139 P1 SCIENCES & ENGINEERING
P186 P3 HUMAN RESOURCESProgram Manager, Volunteer Svc OUTREACH PUBLIC ENGAGEMENT 4
Police Psychologist INVESTIGATION OUTREACH 5
Probation Officer JUDICIAL CUSTOMER SERVICE 4
Process Engineer I ENGINEERING PROCESS ENGINEERING 3
Plans Examiner BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Police Assistant Chief POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Planner, City CITY PLANNING CITY PLANNING 1
Planner, Environmental ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Planner, Transit TRANSPORTATION PLANNING TRANSIT PLANNING 1
Planner, Transit Service TRANSPORTATION PLANNING TRANSIT PLANNING 1
Planner, Transportation TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Paralegal LEGAL LEGAL SUPPORT 4
Park Ranger OPERATIONS RESOURCE MANAGEMENT 5
Parking Enforcement Officer I COMPLIANCE PARKING 1
Parking Enforcement Officer II COMPLIANCE PARKING 1
Partner, Human Resources TALENT MANAGEMENT HUMAN RESOURCES 4
Operator I, Transit TRANSPORTATION TRANSIT 2
Operator I, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Operator II, Broadband BROADBAND BROADBAND OPERATIONS 2
Operator II, Transit TRANSPORTATION TRANSIT 2
Operator II, Transportation Op TRANSPORTATION TRANSPORTATION OPERATIONS 2
Municipal Court Administrator JUDICIAL ADMINISTRATION 4
Natural Areas Trail Ranger OPERATIONS RESOURCE MANAGEMENT 5
Officer I, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Officer II, Enforcement OPERATIONS ENFORCEMENT 5
Officer III, Enforcement OPERATIONS ENFORCEMENT 5
Mechanical Engineer III ENGINEERING MECHANICAL ENGINEERING 3
Mgr, Mediation & Res Justice NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Mgr, Network Ops & Info Sec NETWORK NETWORK ENGINEERING 3
Mgr, Principal City Planner CITY PLANNING CITY PLANNING 1
Municipal Court Administrator JUDICIAL ADMINISTRATION 4
Manager, Water Util Dev Review ENGINEERING DEVELOPMENT REVIEW 3
Manager, Wellness BENEFITS WELLNESS 4
Master Electrician FACILITIES & FLEET ELECTRICIAN 2
Mechanical Engineer I ENGINEERING MECHANICAL ENGINEERING 3
Mechanical Engineer II ENGINEERING MECHANICAL ENGINEERING 3
Manager, Traffic Ops TRANSPORTATION TRAFFIC OPERATIONS 2
Manager, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Manager, Transportation Plng TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Manager, Video Production MEDIA VIDEO PRODUCTION 4
Manager, Water Field Ops WATER UTILITIES WATER FIELD OPERATIONS 2
Manager, Systems Engineering SYSTEMS SYSTEMS ENGINEERING 3
Manager, Talent Acquisition TALENT MANAGEMENT TALENT ACQUISITION 4
Manager, Talent Development ADMINISTRATION ADMINISTRATION 4
Manager, Technical Proj Mgmt PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Manager, Traffic Engineering ENGINEERING TRAFFIC ENGINEERING 3
Manager, Sciences SCIENCES SCIENCES 3
Manager, Service Delivery CLIENT SERVICES CLIENT SERVICES 3
Manager, Social Sustainability SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Manager, Stormwater MP&FA ENGINEERING CIVIL ENGINEERING 3
Manager, Systems Admin SYSTEMS SYSTEMS ADMINISTRATION 3
Manager, Recreation RECREATION RECREATION 1
Manager, Rental Housing NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Manager, Sales SALES SALES 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
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Item 11.
P026 P1 ADMINISTRATION
A083 A5 ADMINISTRATION
P041 P2 ADMINISTRATION
P190 P2 OPERATIONS
P152 P2 SCIENCES & ENGINEERING
P130 P3 SCIENCES & ENGINEERING
A107 A2 CULTURE, PARKS & RECREATION
A003 A2 CUSTOMER SERVICE
A006 A3 CUSTOMER SERVICE
A011 A3 PROTECTIVE SERVICES
P180 P1 PLANNING
P174 P1 ADMINISTRATION
P013 P1 PLANNING
P189 P1 PLANNING
P121 P1 PLANNING
P021 P1 MARKETING & CREATIVE SERVICES
P127 P1 DEVELOPMENT & COMPLIANCE
P034 P1 CUSTOMER SERVICE
P157 P1 HUMAN RESOURCES
P119 P1 SUSTAINABILITY
P120 P1 SUSTAINABILITY
P007 P1 OPERATIONS
P140 P1 CULTURE, PARKS & RECREATION
P184 P1 DEVELOPMENT & COMPLIANCE
P015 P1 CUSTOMER SERVICE
P175 P1 HUMAN RESOURCES
P163 P1 SCIENCES & ENGINEERING
P188 P1 FINANCE & ACCOUNTING
P111 P1 HUMAN RESOURCES
P116 P1 MARKETING & CREATIVE SERVICES
P010 P1 SCIENCES & ENGINEERING
P181 P1 ADMINISTRATION
P168 P1 SUSTAINABILITY
P019 P1 SUSTAINABILITY
P117 P1 HUMAN RESOURCES
P017 P1 HUMAN RESOURCES
P178 P2 PLANNING
P018 P1 HUMAN RESOURCES
P149 P1 FINANCE & ACCOUNTING
P083 P3 FINANCE & ACCOUNTING
P069 P3 TECHNOLOGY
P067 P3 TECHNOLOGY
P148 P3 TECHNOLOGY
P129 P3 ADMINISTRATION
P066 P3 TECHNOLOGY
P070 P3 TECHNOLOGY
P080 P3 FINANCE & ACCOUNTING
P131 P3 FINANCE & ACCOUNTING
P082 P3 HUMAN RESOURCES
P164 P3 TECHNOLOGY
P094 P3 FINANCE & ACCOUNTING
P126 P3 TECHNOLOGY
P162 P3 FINANCE & ACCOUNTING
P096 P3 HUMAN RESOURCES
Sr Analyst, Data DATA SCIENCE DATA ANALYSIS 3
Sr Analyst, Finance FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, GIS GIS GIS 3
Sr Analyst, Grants Admin FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, HRIS HRIS HRIS 4
Sr Analyst, Apps Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Analyst, Apps Software Dev APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Sr Analyst, Budget BUDGET BUDGET 4
Sr Analyst, Business FINANCIAL PLANNING & ANALYSIS BUSINESS ANALYSIS 4
Sr Analyst, Compensation COMPENSATION COMPENSATION 4
Sr Accountant ACCOUNTING ACCOUNTING 4
Sr Administrator, Database DATABASE DATABASE 3
Sr Administrator, Systems SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Administrtr, SCADA PLC Prgr SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Analyst, Administration ADMINISTRATION ADMINISTRATION 4
Specialist, Talent Acquisition TALENT MANAGEMENT TALENT ACQUISITION 4
Specialist, Talent Development TALENT MANAGEMENT TALENT DEVELOPMENT 4
Specialist, Travel Demand Mgmt TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Specialist, Wellness BENEFITS WELLNESS 4
Specialist,Sales Tax & Revenue REVENUE SALES TAX AUDIT & REVENUE 4
Specialist, Sales SALES SALES 4
Specialist, Sciences SCIENCES SCIENCES 3
Specialist, Security SAFETY & RISK MANAGEMENT SECURITY 4
Specialist, Soc Sustainability SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Specialist, Social Sustain SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Specialist, Public Engagement OUTREACH PUBLIC ENGAGEMENT 4
Specialist, Recruiting TALENT MANAGEMENT TALENT ACQUISITION 4
Specialist, Regulatory Svcs SCIENCES SCIENCES 3
Specialist, Risk Claims RISK MANAGEMENT RISK MANAGEMENT 4
Specialist, Safety SAFETY & RISK MANAGEMENT SAFETY 4
Specialist, Econ Sustainabilty ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Specialist, Env Sustainability ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Specialist, Facilities FACILITIES & FLEET FACILITIES 2
Specialist, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Specialist, Neighborhood Svcs NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Specialist, City Planning CITY PLANNING CITY PLANNING 1
Specialist, Communications COMMUNICATIONS COMMUNICATIONS 4
Specialist, Compliance COMPLIANCE COMPLIANCE 1
Specialist, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Specialist, DOT SAFETY & RISK MANAGEMENT SAFETY 4
Rep II, Police Records PROCESSING SUPPORT INFORMATION SERVICES 5
Spec, Historic Preservation CITY PLANNING HISTORIC PRESERVATION 1
Spec, Regulatory Licensing MUNICIPAL ADMINISTRATION CITY CLERK 4
Specialist, Active Modes TRANSPORTATION PLANNING ACTIVE MODES 1
Specialist, Active Modes Data TRANSPORTATION PLANNING ACTIVE MODES 1
Reliability Engr II, Utilities ENGINEERING RELIABILITY ENGINEERING 3
Reliability Engr III,Utilities ENGINEERING RELIABILITY ENGINEERING 3
Rep I, Cultural Svcs CULTURAL SERVICES CULTURAL SERVICES 1
Rep I, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Rep II, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Project Analyst PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Coordinator PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Manager PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Manager, Construction TRANSPORTATION TRANSPORTATION OPERATIONS 2
EXHIBIT A TO ORDINANCE NO. 172, 2023
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Item 11.
P114 P3 TECHNOLOGY
P071 P3 TECHNOLOGY
P090 P3 FINANCE & ACCOUNTING
P074 P3 PLANNING
P089 P3 FINANCE & ACCOUNTING
A056 A5 FINANCE & ACCOUNTING
A104 A5 HUMAN RESOURCES
A039 A5 FINANCE & ACCOUNTING
A088 A5 FINANCE & ACCOUNTING
A076 A5 PLANNING
A082 A5 HUMAN RESOURCES
A101 A5 PROTECTIVE SERVICES
A037 A5 MARKETING & CREATIVE SERVICES
A095 A5 MARKETING & CREATIVE SERVICES
A049 A5 CULTURE, PARKS & RECREATION
A048 A5 CULTURE, PARKS & RECREATION
A044 A5 HUMAN RESOURCES
A055 A5 MARKETING & CREATIVE SERVICES
A042 A5 FINANCE & ACCOUNTING
A041 A5 CUSTOMER SERVICE
A054 A5 CULTURE, PARKS & RECREATION
A109 A5 DEVELOPMENT & COMPLIANCE
A038 A5 FINANCE & ACCOUNTING
A052 A5 HUMAN RESOURCES
P068 P3 TECHNOLOGY
P064 P3 TECHNOLOGY
P156 P3 MARKETING & CREATIVE SERVICES
P073 P3 ADMINISTRATION
O056 O5 DEVELOPMENT & COMPLIANCE
O045 O5 DEVELOPMENT & COMPLIANCE
O079 O5 DEVELOPMENT & COMPLIANCE
O094 O5 DEVELOPMENT & COMPLIANCE
O090 O6 DEVELOPMENT & COMPLIANCE
O048 O5 DEVELOPMENT & COMPLIANCE
P171 P3 CUSTOMER SERVICE
A026 A4 LEGAL
O093 O5 OPERATIONS
O012 O4 OPERATIONS
M052 M2 FINANCE & ACCOUNTING
M038 M2 TECHNOLOGY
M155 M2 OPERATIONS
M126 M2 PLANNING
M043 M2 SCIENCES & ENGINEERING
M132 M2 MARKETING & CREATIVE SERVICES
M054 M2 CULTURE, PARKS & RECREATION
M050 M2 CULTURE, PARKS & RECREATION
M051 M2 CUSTOMER SERVICE
M110 M2 SUSTAINABILITY
M158 M2 OPERATIONS
M060 M2 SCIENCES & ENGINEERING
M056 M2 SUSTAINABILITY
M044 M2 OPERATIONS
M035 M2 CULTURE, PARKS & RECREATION
M157 M2 SCIENCES & ENGINEERING
Sr Manager, Env Sustain ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Manager, Facilities & Fleet FACILITIES & FLEET FACILITIES & FLEET 2
Sr Manager, Forestry OUTDOOR SERVICES FORESTRY 1
Sr Manager, Grid Technologies ENGINEERING ELECTRICAL ENGINEERING 3
Sr Manager, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Manager, Econ Sustainabilty ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Manager, Elec Dist Ctrl Cen ELECTRIC UTILITIES ELECTRIC DIST - LOW VOLTAGE 2
Sr Manager, Elec Engr ENGINEERING ELECTRICAL ENGINEERING 3
Sr Manager, City Planning CITY PLANNING CITY PLANNING 1
Sr Manager, Civil Engineering ENGINEERING CIVIL ENGINEERING 3
Sr Manager, Creative Services MEDIA GRAPHIC DESIGN 4
Sr Manager, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Sr Manager, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Sr Locator, Elec Dist Field Op ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Sr Locator, Elec Dist Field Op ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Sr Manager, Accounting ACCOUNTING ACCOUNTING 4
Sr Manager, Apps Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Manager, Broadband BROADBAND BROADBAND OPERATIONS 2
Sr Inspector, Nat Res Zoning COMPLIANCE ZONING 1
Sr Inspector, Stormwater COMPLIANCE CONSTRUCTION INSPECTION 1
Sr Inspector, Zoning COMPLIANCE ZONING 1
Sr Key Accounts Rep OUTREACH PUBLIC ENGAGEMENT 4
Sr Legal Assistant LEGAL LEGAL SUPPORT 4
Sr Engineer, Video Prod SYSTEMS VIDEO PRODUCTION 3
Sr Facilities Project Manager PROJECT MANAGEMENT FACILITIES PROJECT MANAGEMENT 4
Sr Inspector, Compliance COMPLIANCE COMPLIANCE 1
Sr Inspector, Construction COMPLIANCE CONSTRUCTION INSPECTION 1
Sr Inspector, Forestry Zoning COMPLIANCE CODE COMPLIANCE 1
Sr Engineer, Network NETWORK NETWORK ENGINEERING 3
Sr Engineer, Systems SYSTEMS SYSTEMS ENGINEERING 3
Sr Coordinator, Public Engage OUTREACH PUBLIC ENGAGEMENT 4
Sr Coordinator, Recreation RECREATION RECREATION 1
Sr Coordinator, Rental Housing COMPLIANCE RENTAL HOUSING 1
Sr Coordinator, Risk Mgmt RISK MANAGEMENT RISK MANAGEMENT 4
Sr Coordinator, Safety SAFETY & RISK MANAGEMENT SAFETY 4
Sr Coordinator, Cultural Svcs CULTURAL SERVICES CULTURAL SERVICES 1
Sr Coordinator, Forestry OUTDOOR SERVICES FORESTRY 1
Sr Coordinator, HRIS HRIS HRIS 4
Sr Coordinator, Marketing MARKETING MARKETING 4
Sr Coordinator, Payroll ACCOUNTING PAYROLL 4
Sr Coordinator, Active Modes TRANSPORTATION PLANNING ACTIVE MODES 1
Sr Coordinator, Benefits-Inact BENEFITS BENEFITS 4
Sr Coordinator, Camera Radar PROCESSING SUPPORT TECHNICAL 5
Sr Coordinator, Communications COMMUNICATIONS COMMUNICATIONS 4
Sr Coordinator, Creative Svcs MEDIA GRAPHIC DESIGN 4
Sr Buyer PURCHASING PURCHASING 4
Sr Coord, Sales Tax & Revenue REVENUE SALES TAX AUDIT & REVENUE 4
Sr Coord,Onboarding & Training TALENT MANAGEMENT TALENT ACQUISITION 4
Sr Coordinator, AP ACCOUNTING ACCOUNTS PAYABLE 4
Sr Coordinator, Accounting ACCOUNTING ACCOUNTING 4
Sr Analyst, IT Security INFORMATION SECURITY INFORMATION SECURITY 3
Sr Analyst, Systems SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Analyst, Treasury TREASURY / INVESTMENT TREASURY / INVESTMENT 4
Sr Architect, Landscape PARK PLANNING LANDSCAPE 1
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 164
Item 11.
M124 M2 HUMAN RESOURCES
M142 M2 CULTURE, PARKS & RECREATION
M062 M2 PROTECTIVE SERVICES
M045 M2 SCIENCES & ENGINEERING
M058 M2 DEVELOPMENT & COMPLIANCE
M104 M2 TECHNOLOGY
M057 M2 CULTURE, PARKS & RECREATION
M133 M2 CUSTOMER SERVICE
M134 M2 CULTURE, PARKS & RECREATION
M046 M2 SCIENCES & ENGINEERING
M118 M2 SUSTAINABILITY
M039 M2 TECHNOLOGY
M041 M2 SCIENCES & ENGINEERING
M049 M2 OPERATIONS
M137 M2 OPERATIONS
M037 M2 PLANNING
M047 M2 SCIENCES & ENGINEERING
M036 M2 FINANCE & ACCOUNTING
M160 M2 OPERATIONS
M149 M2 PLANNING
M117 M2 HUMAN RESOURCES
O081 O4 OPERATIONS
P142 P3 HUMAN RESOURCES
P098 P3 PLANNING
P086 P3 PLANNING
P137 P3 PLANNING
P087 P3 PLANNING
P095 P3 ADMINISTRATION
P166 P3 HUMAN RESOURCES
A025 A4 CULTURE, PARKS & RECREATION
P044 P2 DEVELOPMENT & COMPLIANCE
P053 P2 ADMINISTRATION
P161 P2 HUMAN RESOURCES
P058 P2 MARKETING & CREATIVE SERVICES
P146 P2 DEVELOPMENT & COMPLIANCE
P153 P2 CULTURE, PARKS & RECREATION
P027 P2 CUSTOMER SERVICE
P167 P3 PLANNING
P203 P2 CUSTOMER SERVICE
P056 P2 SUSTAINABILITY
P125 P2 SUSTAINABILITY
P061 P2 SUSTAINABILITY
P144 P2 SUSTAINABILITY
P169 P2 SCIENCES & ENGINEERING
P151 P2 CULTURE, PARKS & RECREATION
P128 P2 ADMINISTRATION
P107 P2 PROTECTIVE SERVICES
P033 P2 CULTURE, PARKS & RECREATION
P054 P2 CUSTOMER SERVICE
P055 P2 OPERATIONS
P045 P2 CULTURE, PARKS & RECREATION
P172 P2 HUMAN RESOURCES
P192 P2 HUMAN RESOURCES
P035 P2 SCIENCES & ENGINEERING
Sr Specialist, Recruiter TALENT MANAGEMENT TALENT DEVELOPMENT 4
Sr Specialist, Safety SAFETY & RISK MANAGEMENT SAFETY 4
Sr Specialist, Sciences SCIENCES SCIENCES 3
Sr Specialist, Outreach INVESTIGATION OUTREACH 5
Sr Specialist, Parks OUTDOOR SERVICES PARKS 1
Sr Specialist, Public Engage OUTREACH PUBLIC ENGAGEMENT 4
Sr Specialist, Real Estate FACILITIES & FLEET REAL ESTATE 2
Sr Specialist, Recreation RECREATION RECREATION 1
Sr Specialist, Enviro Sustain ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Specialist, Equity SOCIAL SUSTAINABILITY EQUITY, DIVERSITY & INCLUSION 1
Sr Specialist, Floodplain Mgmt SCIENCES SCIENCES 3
Sr Specialist, Forestry OUTDOOR SERVICES FORESTRY 1
Sr Specialist, OEM PROJECT MANAGEMENT EMERGENCY MANAGEMENT 4
Sr Specialist, Cust Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Specialist, DAR Program Mgr TRANSPORTATION PLANNING TRANSIT PLANNING 1
Sr Specialist, Digital Inclsn OUTREACH PUBLIC ENGAGEMENT 4
Sr Specialist, Econ Sustain ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Specialist, Env Compliance COMPLIANCE COMPLIANCE 1
Sr Spc, Process Improvement PROJECT MANAGEMENT PROCESS IMPROVEMENT 4
Sr Spec, Talent Development TALENT MANAGEMENT TALENT DEVELOPMENT 4
Sr Specialist, Communications COMMUNICATIONS COMMUNICATIONS 4
Sr Specialist, Compliance COMPLIANCE COMPLIANCE 1
Sr Specialist, Cultural Srvcs CULTURAL SERVICES CULTURAL SERVICES 1
Sr Planner, Transportation TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Sr Project Manager PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Sr Project Manager,Talent Mgmt TALENT MANAGEMENT HUMAN RESOURCES 4
Sr Rep, Cultural Svcs CULTURAL SERVICES CULTURAL SERVICES 1
Sr Spc, Neighborhood Svcs NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Operator, Transport Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Partner, Human Resources TALENT MANAGEMENT HUMAN RESOURCES 4
Sr Planner, City CITY PLANNING CITY PLANNING 1
Sr Planner, Environmental ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Sr Planner, Trails PARK PLANNING LANDSCAPE 1
Sr Manager, Water Engineering ENGINEERING WATER ENGINEERING 3
Sr Manager,Sales Tax & Revenue REVENUE SALES TAX AUDIT & REVENUE 4
Sr Mgr, Elec Dist-High Voltage ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Sr Mgr, Park Planning & Dev PARK PLANNING LANDSCAPE 1
Sr Mgr, Safety & Risk Mgmt SAFETY & RISK MANAGEMENT SAFETY 4
Sr Manager, Technology TECHNOLOGY TECHNOLOGY 3
Sr Manager, Traffic Engr ENGINEERING TRAFFIC ENGINEERING 3
Sr Manager, Transit TRANSPORTATION TRANSIT 2
Sr Manager, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Manager, Transportation Pln TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Sr Manager, Parks OUTDOOR SERVICES PARKS 1
Sr Manager, Public Engagement OUTREACH PUBLIC ENGAGEMENT 4
Sr Manager, Recreation RECREATION RECREATION 1
Sr Manager, Sciences SCIENCES SCIENCES 3
Sr Manager, Social Sustainblty SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Sr Manager, Horticulture CULTURAL SERVICES CULTURAL SERVICES 1
Sr Manager, Information Svcs PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Manager, Mechanical Engr ENGINEERING MECHANICAL ENGINEERING 3
Sr Manager, Neighborhood Svcs NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Manager, Network Engineerng NETWORK NETWORK ENGINEERING 3
Sr Manager, HRIS HRIS HRIS 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 165
Item 11.
P182 P2 ADMINISTRATION
P132 P2 SUSTAINABILITY
P147 P2 ADMINISTRATION
S045 S2 FINANCE & ACCOUNTING
S078 S2 TECHNOLOGY
S075 S2 DEVELOPMENT & COMPLIANCE
S037 S2 CULTURE, PARKS & RECREATION
S018 S2 CUSTOMER SERVICE
S034 S2 OPERATIONS
S070 S2 PROTECTIVE SERVICES
S026 S2 OPERATIONS
S024 S2 OPERATIONS
S025 S2 CULTURE, PARKS & RECREATION
S041 S2 HUMAN RESOURCES
S047 S2 PROTECTIVE SERVICES
S068 S2 SCIENCES & ENGINEERING
S032 S2 OPERATIONS
S038 S2 MARKETING & CREATIVE SERVICES
S022 S2 SCIENCES & ENGINEERING
S058 S2 CULTURE, PARKS & RECREATION
S055 S2 DEVELOPMENT & COMPLIANCE
S065 S2 TECHNOLOGY
S079 S2 PROTECTIVE SERVICES
S031 S2 CULTURE, PARKS & RECREATION
S023 S2 OPERATIONS
S030 S2 OPERATIONS
S048 S2 PROTECTIVE SERVICES
S043 S2 ADMINISTRATION
S039 S2 CUSTOMER SERVICE
S044 S2 CULTURE, PARKS & RECREATION
S077 S2 PROTECTIVE SERVICES
S020 S2 SCIENCES & ENGINEERING
S042 S2 OPERATIONS
S060 S2 OPERATIONS
S066 S2 MARKETING & CREATIVE SERVICES
A099 A5 SCIENCES & ENGINEERING
A092 A5 PROTECTIVE SERVICES
A063 A5 PROTECTIVE SERVICES
A091 A5 PROTECTIVE SERVICES
O084 O5 OPERATIONS
O046 O5 OPERATIONS
P076 P3 ADMINISTRATION
O088 O5 TECHNOLOGY
A047 A5 TECHNOLOGY
O049 O5 OPERATIONS
O089 O5 TECHNOLOGY
O057 O5 TECHNOLOGY
A100 A5 MARKETING & CREATIVE SERVICES
O050 O5 OPERATIONS
A080 A5 TECHNOLOGY
A081 A5 PROTECTIVE SERVICES
A110 A5 SCIENCES & ENGINEERING
O055 O5 SCIENCES & ENGINEERING
O086 O5 SCIENCES & ENGINEERING
Sr Technician, Police Admin POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Sr Technician, Sciences SCIENCES SCIENCES 3
Sr Technician, Traffic Engr ENGINEERING TRAFFIC ENGINEERING 3
Sr Technician, Traffic Signals ENGINEERING TRAFFIC ENGINEERING 3
Sr Technician, Fiber FIBER FIBER 3
Sr Technician, Fiber FIBER FIBER 3
Sr Technician, Graphic Design MEDIA GRAPHIC DESIGN 4
Sr Technician, Maintenance PLANT OPERATIONS MAINTENANCE 2
Sr Technician, Network Engr NETWORK NETWORK ENGINEERING 3
Sr Tech, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Technical Project Manager PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Sr Technician, Broadband Ops FIBER FIBER 3
Sr Technician, Client Services CLIENT SERVICES CLIENT SERVICES 3
Sr Technician, Facilities FACILITIES & FLEET FACILITIES 2
Sr Tech, Floodplain Admin SCIENCES SCIENCES 3
Sr Tech, Police Records PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Tech, Police Technology PROCESSING SUPPORT POLICE TECHNOLOGY 5
Sr Tech, Processing Support PROCESSING SUPPORT TECHNICAL 5
Sr Tech, Signal Construction TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Supervisor, Safety&Security OPERATIONS ENFORCEMENT 5
Sr Supervisor, Sciences SCIENCES SCIENCES 3
Sr Supervisor, Transit TRANSPORTATION TRANSIT 2
Sr Supervisor, Transportn Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Supervisor, Video Productn MEDIA VIDEO PRODUCTION 4
Sr Supervisor, Plant Ops PLANT OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Process Support PROCESSING SUPPORT TECHNICAL 5
Sr Supervisor, Project Mgmt PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Sr Supervisor, Public Engage OUTREACH PUBLIC ENGAGEMENT 4
Sr Supervisor, Recreation RECREATION RECREATION 1
Sr Supervisor, Neighbrhood Svc NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Supervisor, Netwk Engineer NETWORK NETWORK ENGINEERING 3
Sr Supervisor, Outreach INVESTIGATION OUTREACH 5
Sr Supervisor, Parks OUTDOOR SERVICES PARKS 1
Sr Supervisor, Plant Ops PLANT OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Land Surveying ENGINEERING SURVEYING 3
Sr Supervisor, Maintenance PLANT OPERATIONS MAINTENANCE 2
Sr Supervisor, Marketing MARKETING MARKETING 4
Sr Supervisor, Mechanical Engr ENGINEERING MECHANICAL ENGINEERING 3
Sr Supervisor, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Sr Supervisor, Facilities FACILITIES & FLEET FACILITIES 2
Sr Supervisor, Fleet FACILITIES & FLEET FLEET 2
Sr Supervisor, Forestry OUTDOOR SERVICES FORESTRY 1
Sr Supervisor, HRIS HRIS HRIS 4
Sr Supervisor, Information Svc PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Supervisor, Cultural Svcs CULTURAL SERVICES CULTURAL SERVICES 1
Sr Supervisor, Cust Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Supervisor, Electric Dist ELECTRIC UTILITIES ELECTRIC DIST - LOW VOLTAGE 2
Sr Supervisor, Enforcement OPERATIONS ENFORCEMENT 5
Sr Specialist, Workers Comp SAFETY & RISK MANAGEMENT WORKERS COMPENSATION 4
Sr Supervisor, AR / Billing ACCOUNTING ACCOUNTS RECEIVABLE / BILLING 4
Sr Supervisor, Apps Software APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Supervisor, Code Compliance COMPLIANCE CODE COMPLIANCE 1
Sr Specialist, Security SAFETY & RISK MANAGEMENT SECURITY 4
Sr Specialist, Social Sustain SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 166
Item 11.
A084 A5 MARKETING & CREATIVE SERVICES
O053 O5 OPERATIONS
S072 S1 OPERATIONS
S067 S1 FINANCE & ACCOUNTING
S003 S1 ADMINISTRATION
S057 S1 DEVELOPMENT & COMPLIANCE
S004 S1 TECHNOLOGY
S062 S1 CULTURE, PARKS & RECREATION
S001 S1 CUSTOMER SERVICE
S028 S1 OPERATIONS
S009 S1 PROTECTIVE SERVICES
S008 S1 OPERATIONS
S063 S1 TECHNOLOGY
S021 S1 OPERATIONS
S005 S1 SCIENCES & ENGINEERING
S069 S1 LEGAL
S076 S1 PROTECTIVE SERVICES
S061 S1 TECHNOLOGY
S064 S1 DEVELOPMENT & COMPLIANCE
S014 S1 OPERATIONS
S054 S1 OPERATIONS
S071 S1 OPERATIONS
S073 S1 SCIENCES & ENGINEERING
S007 S1 OPERATIONS
O070 O3 OPERATIONS
A094 A4 PROTECTIVE SERVICES
A089 A4 PROTECTIVE SERVICES
A033 A4 PROTECTIVE SERVICES
O031 O4 OPERATIONS
P036 P2 ADMINISTRATION
P176 P3 ADMINISTRATION
A010 A3 DEVELOPMENT & COMPLIANCE
O071 O3 OPERATIONS
O014 O3 SCIENCES & ENGINEERING
O016 O3 CUSTOMER SERVICE
O020 O3 OPERATIONS
O062 O3 OPERATIONS
O017 O3 OPERATIONS
O018 O3 CULTURE, PARKS & RECREATION
O075 O3 CULTURE, PARKS & RECREATION
O060 O3 CULTURE, PARKS & RECREATION
O024 O3 CULTURE, PARKS & RECREATION
A012 A3 PROTECTIVE SERVICES
O068 O3 OPERATIONS
O027 O3 OPERATIONS
A019 A4 TECHNOLOGY
O040 O4 OPERATIONS
O032 O4 OPERATIONS
O061 O4 TECHNOLOGY
O054 O4 OPERATIONS
O033 O4 CULTURE, PARKS & RECREATION
A027 A4 TECHNOLOGY
A085 A4 MARKETING & CREATIVE SERVICES
O028 O4 SCIENCES & ENGINEERINGTechnician II, Land Surveying ENGINEERING CIVIL ENGINEERING 3
Technician II, Fiber FIBER FIBER 3
Technician II, Fleet FACILITIES & FLEET FLEET 2
Technician II, Forestry OUTDOOR SERVICES FORESTRY 1
Technician II, GIS GIS GIS 3
Technician II, Graphic Design MEDIA GRAPHIC DESIGN 4
Technician I, Traffic Control TRANSPORTATION TRAFFIC CONTROL 2
Technician I, Water Field Util WATER UTILITIES WATER FIELD OPERATIONS 2
Technician II, Client Services CLIENT SERVICES CLIENT SERVICES 3
Technician II, Energy Services FACILITIES & FLEET ENERGY SERVICES 2
Technician II, Facilities FACILITIES & FLEET FACILITIES 2
Technician I, Forestry OUTDOOR SERVICES FORESTRY 1
Technician I, Horticulture OUTDOOR SERVICES PARKS 1
Technician I, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Technician I, Parks OUTDOOR SERVICES PARKS 1
Technician I, Police Admin POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Technician I, Civil Engr ENGINEERING CIVIL ENGINEERING 3
Technician I, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Technician I, Facilities FACILITIES & FLEET FACILITIES 2
Technician I, Fiber FIBER FIBER 2
Technician I, Fleet FACILITIES & FLEET FLEET 2
Tech II, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Technical Project Manager PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Technical Svcs Mgr, Police Svc PROCESSING SUPPORT INFORMATION SERVICES 5
Technician I, Bldg Dev Review BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Technician I, CCT Ops CUSTOMER CONNECTIONS CUSTOMER CARE & TECH OPS 2
Supervisor, Transit TRANSPORTATION TRANSIT 2
Tech I, Material Handling FACILITIES & FLEET MATERIAL HANDLING 2
Tech II, Investigative Support INVESTIGATION INVESTIGATION 5
Tech II, Police Technology PROCESSING SUPPORT POLICE TECHNOLOGY 5
Tech II, Processing Support PROCESSING SUPPORT TECHNICAL 5
Supervisor, Fiber FIBER FIBER 3
Supervisor, Plant Operations PLANT OPERATIONS PLANT OPERATIONS 2
Supervisor, Plant Operations PLANT OPERATIONS PLANT OPERATIONS 2
Supervisor, Traffic Markings TRANSPORTATION TRANSPORTATION OPERATIONS 2
Supervisor, Traffic Signals ENGINEERING TRAFFIC ENGINEERING 3
Supervisor, Legal Support LEGAL LEGAL SUPPORT 4
Supervisor, Customer Support CUSTOMER SERVICE CUSTOMER SUPPORT 4
Supervisor, Land Surveying ENGINEERING CIVIL ENGINEERING 3
Supervisor, NA Enforcement OPERATIONS ENFORCEMENT 5
Supervisor, Network Engr NETWORK NETWORK ENGINEERING 3
Supervisor, Plans Examiner BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Supervisor, Energy Services FACILITIES & FLEET ENERGY SERVICES 2
Supervisor, Enforcement OPERATIONS ENFORCEMENT 5
Supervisor, Facilities FACILITIES & FLEET FACILITIES 2
Sr Technician, Water Field Ops WATER UTILITIES WATER FIELD OPERATIONS 2
Supervisor I, Sign Shop TRANSPORTATION TRANSPORTATION OPERATIONS 2
Supervisor, Accounts Payable ACCOUNTING ACCOUNTS PAYABLE 4
Supervisor, Fleet FACILITIES & FLEET FLEET 2
Supervisor, Administration ADMINISTRATION ADMINISTRATION 4
Supervisor, Bldg & Dev Rev BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Supervisor, Client Services CLIENT SERVICES CLIENT SERVICES 3
Supervisor, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Sr Technician, Video Prod MEDIA VIDEO PRODUCTION 4
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 167
Item 11.
O041 O4 OPERATIONS
O034 O4 CULTURE, PARKS & RECREATION
A079 A4 TECHNOLOGY
A035 A4 PROTECTIVE SERVICES
A078 A4 SCIENCES & ENGINEERING
O074 O4 OPERATIONS
O030 O4 SCIENCES & ENGINEERING
O091 O4 OPERATIONS
O085 O4 SCIENCES & ENGINEERING
A029 A4 MARKETING & CREATIVE SERVICES
O029 O4 SCIENCES & ENGINEERING
O039 O4 OPERATIONS
A034 A4 PROTECTIVE SERVICES
P038 P2 SCIENCES & ENGINEERING
O003 O1 OPERATIONS
O067 O1 OPERATIONS
O004 O1 CULTURE, PARKS & RECREATION
O072 O1 CULTURE, PARKS & RECREATION
O078 O1 CULTURE, PARKS & RECREATION
O077 O1 CULTURE, PARKS & RECREATION
O059 O1 CULTURE, PARKS & RECREATION
O002 O1 OPERATIONS
O005 O1 OPERATIONS
O063 O2 CULTURE, PARKS & RECREATION
O008 O2 OPERATIONS
O007 O2 OPERATIONS
O082 O2 CULTURE, PARKS & RECREATION
O083 O2 CULTURE, PARKS & RECREATION
O080 O2 CULTURE, PARKS & RECREATION
TABLE: 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE
Worker II, Facilities FACILITIES & FLEET FACILITIES 2
Worker II, Fleet FACILITIES & FLEET FLEET 2
Worker II, Theatre Audio Engr CULTURAL SERVICES CULTURAL SERVICES 1
Worker II, Theatre Lighting CULTURAL SERVICES CULTURAL SERVICES 1
Worker II, Theatre Production CULTURAL SERVICES CULTURAL SERVICES 1
Worker I, Rec Ice Attendant RECREATION RECREATION 4
Worker I, Recreation OUTDOOR SERVICES RECREATION 1
Worker I, Transit TRANSPORTATION TRANSIT 2
Worker I, Transportation Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Worker II, Cultural Services CULTURAL SERVICES CULTURAL SERVICES 1
Worker I, Facilities FACILITIES & FLEET FACILITIES 2
Worker I, Fleet FACILITIES & FLEET FLEET 2
Worker I, Parks OUTDOOR SERVICES PARKS 1
Worker I, Parks Shop Attendant OUTDOOR SERVICES PARKS 1
Worker I, Rec Fac Attendant RECREATION RECREATION 4
Technician II, Video Prod MEDIA VIDEO PRODUCTION 4
Technician II, Water Engr ENGINEERING WATER ENGINEERING 3
Technician II, Wtr Field Util WATER UTILITIES WATER FIELD OPERATIONS 2
Victim Advocate INVESTIGATION OUTREACH 5
Water Engineer II ENGINEERING WATER ENGINEERING 3
Technician II, Sciences SCIENCES SCIENCES 3
Technician II, Traffic Control TRANSPORTATION TRAFFIC CONTROL 2
Technician II, Traffic Engr ENGINEERING TRAFFIC ENGINEERING 3
Technician II, Traffic Ops TRANSPORTATION TRANSPORTATION OPERATIONS 2
Technician II, Traffic Signals ENGINEERING TRAFFIC ENGINEERING 3
Technician II, Maintenance PLANT OPERATIONS MAINTENANCE 2
Technician II, Natural Areas OUTDOOR SERVICES NATURAL AREAS 1
Technician II, Network Engr NETWORK NETWORK ENGINEERING 3
Technician II, Police Records PROCESSING SUPPORT INFORMATION SERVICES 5
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 168
Item 11.
M3 BIWEEKLY
MONTHLY
ANNUAL
M2 BIWEEKLY
MONTHLY
ANNUAL
M1 BIWEEKLY
MONTHLY
ANNUAL
S2 BIWEEKLY
MONTHLY
ANNUAL
S1 BIWEEKLY
MONTHLY
ANNUAL
P3 BIWEEKLY
MONTHLY
ANNUAL
P2 BIWEEKLY
MONTHLY
ANNUAL
P1 BIWEEKLY
MONTHLY
ANNUAL
A6 BIWEEKLY
MONTHLY
ANNUAL
A5 BIWEEKLY
MONTHLY
ANNUAL
A4 BIWEEKLY
MONTHLY
ANNUAL
A3 BIWEEKLY
ADMINISTRATIVE
MAXIMUM
$1,632.54 $2,040.69 $2,448.81
$51,878.00 $64,848.00 $77,818.00
$1,813.92 $2,267.42 $2,720.88
$3,930.17 $4,912.75 $5,895.25
$1,995.31
$47,162.00 $58,953.00 $70,743.00
$57,066.00
$4,797.83
$57,574.00
$58,310.00
$7,151.25
$2,194.85
$4,323.17
$50,666.00 $67,553.00 $84,442.00
MINIMUM MIDPOINT
$5,452.08 $7,269.50
$65,425.00 $87,234.00
$2,214.38
$2,743.54 $3,292.31
$4,755.50 $5,944.33 $7,133.33
$2,952.50
$6,397.08
$76,765.00
$2,494.15 $2,993.00
$95,956.00
$7,996.33
$3,690.62
$109,042.00
$71,332.00 $85,600.00
$5,404.00 $6,484.83
$4,186.35
$9,086.83
$2,598.19 $3,247.77$1,948.69
$4,222.17 $5,629.42 $7,036.83
$143,011.00
$77,746.00 $97,183.00
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
$2,516.35 $3,355.15 $4,193.92
$2,511.81 $3,349.08
$5,442.25 $7,256.33
$65,307.00 $87,076.00
$2,242.69 $2,990.23
$4,859.17 $6,478.83 $8,098.58
$3,737.81
$108,845.00
$9,070.42
MANAGERIAL
$9,534.50
$85,815.00 $114,414.00
$2,946.77 $3,929.04
$6,384.67 $8,512.92
$76,616.00 $102,155.00
MINIMUM MIDPOINT MAXIMUM
$3,695.38 $4,928.62 $6,160.73
$8,006.67 $10,678.67 $13,348.25
$96,080.00 $128,144.00 $160,179.00
$3,300.58 $4,400.54 $5,500.42
$11,917.58
$127,693.00
$10,641.08
$4,911.27
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 169
Item 11.
MONTHLY
ANNUAL
A2 BIWEEKLY
MONTHLY
ANNUAL
O6 BIWEEKLY
MONTHLY
ANNUAL
O5 BIWEEKLY
MONTHLY
ANNUAL
O4 BIWEEKLY
MONTHLY
ANNUAL
O3 BIWEEKLY
MONTHLY
ANNUAL
O2 BIWEEKLY
MONTHLY
ANNUAL
O1 BIWEEKLY
MONTHLY
ANNUAL
TABLE: 2
M3 BIWEEKLY
MONTHLY
ANNUAL
M2 BIWEEKLY
MONTHLY
ANNUAL
M1 BIWEEKLY
MONTHLY
ANNUAL
S2 BIWEEKLY
MONTHLY
ANNUAL
OPERATIONS
$10,799.33
$129,592.00
$4,236.65
$9,179.42
$110,153.00
$3,548.46
$7,688.33
$92,260.00
$6,230.23
$13,498.83
$161,986.00
$5,295.96
$11,474.58
$137,695.00
OPERATIONS & SKILLED TRADE
MAXIMUM
$3,977.08 $4,971.33 $5,965.50
$47,725.00 $59,656.00 $71,586.00
$1,652.00 $2,065.04 $2,477.96
$3,579.33 $4,474.25 $5,368.92
$42,952.00 $53,691.00 $64,427.00
$38,201.00 $47,752.00 $57,304.00
$2,266.12 $2,832.65 $3,399.19
$4,909.92 $6,137.42 $7,364.92
$58,919.00 $73,649.00 $88,379.00
$34,792.00 $43,489.00 $52,187.00
$3,537.17 $4,421.50 $5,305.75
$42,446.00 $53,058.00 $63,669.00
$1,469.27 $1,836.62 $2,204.00
$3,183.42 $3,979.33 $4,775.33
$2,661.35
$5,766.25
$69,195.00
$3,738.23
$8,099.50
$97,194.00
$3,177.35
$6,884.25
$82,611.00
$4,435.65
$9,610.58
$4,348.92
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
$4,398.08 $5,863.88 $7,329.73
$9,529.17 $12,705.08 $15,881.08
$114,350.00 $152,461.00 $190,573.00
$4,984.31
$4,026.83 $4,832.08
$48,322.00 $57,985.00
$1,672.65 $2,007.19
$2,899.33 $3,624.08
$3,221.42
$38,657.00
$1,338.15
$115,327.00
$1,858.54 $2,230.19
$2,549.38 $3,059.27
$5,523.67 $6,628.42
$66,284.00 $79,541.00
$2,294.46 $2,753.31
MINIMUM MIDPOINT
$4,418.92
$53,027.00
$1,835.58
$1,486.81
$2,039.50
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 170
Item 11.
S1 BIWEEKLY
MONTHLY
ANNUAL
P2 BIWEEKLY
MONTHLY
ANNUAL
P1 BIWEEKLY
MONTHLY
ANNUAL
O6 BIWEEKLY
MONTHLY
ANNUAL
O5 BIWEEKLY
MONTHLY
ANNUAL
O4 BIWEEKLY
MONTHLY
ANNUAL
O3 BIWEEKLY
MONTHLY
ANNUAL
O2 BIWEEKLY
MONTHLY
ANNUAL
O1 BIWEEKLY
MONTHLY
ANNUAL
TABLE: 3
M3 BIWEEKLY
MONTHLY
ANNUAL
M2 BIWEEKLY
MONTHLY
$4,486.81 $5,982.42
$42,714.00 $53,393.00 $64,072.00
$1,493.50 $1,866.88 $2,240.27
$3,235.92 $4,044.92 $4,853.92
$46,986.00
$7,478.04
$9,721.42 $12,961.92 $16,202.42
$116,657.00 $155,543.00 $194,429.00
SCIENCES & ENGINEERING, TECHNOLOGY
$51,685.00 $64,605.00 $77,527.00
$1,807.15 $2,258.96 $2,710.69
$3,915.50 $4,894.42 $5,873.17
$4,737.75 $5,922.08
$58,733.00 $70,478.00
$1,642.85 $2,053.58 $2,464.31
$3,559.50 $4,449.42 $5,339.33
$48,200.00
$7,106.50
$56,853.00 $71,065.00 $85,278.00
$1,987.88 $2,484.81 $2,981.81
$4,307.08 $5,383.75 $6,460.58
$3,119.19 $3,898.96
$2,106.62
$4,564.33
$54,772.00
$1,853.85
$4,016.67
$2,808.81
$6,085.75
$73,029.00
$2,471.73
$5,068.67 $6,758.25 $8,447.75
$60,824.00 $81,099.00 $101,373.00
MINIMUM MIDPOINT
$38,831.00 $48,539.00 $58,247.00
MANAGERIAL
MAXIMUM
$3,901.62 $5,202.08 $6,502.65
$8,453.50 $11,271.17 $14,089.08
$64,265.00 $80,332.00
MINIMUM MIDPOINT
OPERATIONS & SKILLED TRADE
MAXIMUM
$2,405.31 $3,006.62 $3,607.96
$5,211.50 $6,514.33 $7,817.25
$62,538.00 $78,172.00 $93,807.00
$2,186.65 $2,733.27 $3,279.92
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
$5,355.42
$3,511.04
$7,607.25
$91,287.00
$3,089.69
$6,694.33
$2,339.38
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 171
Item 11.
ANNUAL
M1 BIWEEKLY
MONTHLY
ANNUAL
S2 BIWEEKLY
MONTHLY
ANNUAL
S1 BIWEEKLY
MONTHLY
ANNUAL
P4 BIWEEKLY
MONTHLY
ANNUAL
P3 BIWEEKLY
MONTHLY
ANNUAL
P2 BIWEEKLY
MONTHLY
ANNUAL
P1 BIWEEKLY
MONTHLY
ANNUAL
A6 BIWEEKLY
MONTHLY
ANNUAL
A5 BIWEEKLY
MONTHLY
ANNUAL
A4 BIWEEKLY
MONTHLY
ANNUAL
O5 BIWEEKLY
MONTHLY
ANNUAL
O4 BIWEEKLY
$2,043.73
$4,428.08
$2,554.69
$5,535.17
$3,372.19
$7,306.42
$87,677.00
$126,386.00
$4,277.73
$9,268.42
$111,221.00
$3,764.35
$8,156.08
$97,873.00
$3,312.62
$3,645.77
$13,165.08
MAXIMUM
MAXIMUM
$76,704.00 $102,272.00 $127,840.00
$2,596.12 $3,461.54 $4,326.88
$5,624.92 $7,500.00 $9,374.92
$67,499.00 $90,000.00 $112,499.00
$157,981.00
$5,347.08
$11,585.33
$139,024.00
$4,705.42
$10,195.08
$122,341.00
$4,140.81
$2,248.12
$4,870.92
$58,451.00
$2,810.19
$6,088.75
$73,065.00
$7,350.75 $9,801.17 $12,251.33
$88,209.00 $117,614.00 $147,016.00
$2,950.15 $3,933.54 $4,916.92
$6,392.00 $8,522.67 $10,653.33
$3,392.65
$64,597.00 $86,128.00 $107,661.00
$7,560.17
$90,722.00
$3,140.15
MAXIMUM
$3,489.31
MINIMUM MIDPOINT
$2,329.85 $2,907.42
$5,048.00 $6,299.42
$60,576.00 $75,593.00
$2,093.15 $2,617.00
$53,137.00 $66,422.00 $79,707.00
$1,857.92 $2,322.46 $2,786.92
$4,025.50 $5,032.00 $6,038.33
$48,306.00 $60,384.00 $72,460.00
OPERATIONS & SKILLED TRADE
ADMINISTRATIVE
MINIMUM MIDPOINT
PROFESSIONAL
MINIMUM MIDPOINT
$7,899.17
$6,076.19
$3,065.65
$6,642.25
$94,790.00
$3,208.31
$6,951.33
$83,416.00
$2,823.27
$6,117.08
$73,405.00
$2,484.50
$4,861.00
$10,532.17
$5,383.08 $7,177.33 $8,971.75
$4,523.62 $5,654.46
$101,442.00 $135,254.00 $169,069.00
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 172
Item 11.
MONTHLY
ANNUAL
O3 BIWEEKLY
MONTHLY
ANNUAL
O2 BIWEEKLY
MONTHLY
ANNUAL
O1 BIWEEKLY
MONTHLY
ANNUAL
TABLE: 4
M3 BIWEEKLY
MONTHLY
ANNUAL
M2 BIWEEKLY
MONTHLY
ANNUAL
M1 BIWEEKLY
MONTHLY
ANNUAL
S2 BIWEEKLY
MONTHLY
ANNUAL
MAXIMUM
MANAGERIAL
$6,729.08
$5,088.19
$11,024.42
$132,293.00
$4,009.38
$8,687.00
$104,244.00
$6,614.67 $8,819.42
$79,376.00 $105,833.00
$2,405.50
$14,579.67
$174,956.00
$5,851.42
$6,803.67
$81,644.00
$2,826.58
$6,124.25
$73,491.00
$2,494.04
$5,403.75
$64,845.00
$2,244.31
$4,862.67
$58,352.00
$3,246.00
$5,211.92 $7,033.00
$62,543.00 $84,396.00
$104,973.00 $139,966.00
$3,510.85 $4,681.12
$7,606.83 $10,142.42
$91,282.00 $121,709.00
$3,052.92 $4,070.50
$38,905.00 $48,630.00
MINIMUM MIDPOINT
$4,037.42 $5,383.31
$8,747.75 $11,663.83
HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL
$12,678.08
$152,137.00
$1,662.42 $2,078.23
$3,601.92 $4,502.83
$43,223.00 $54,034.00
$1,496.35 $1,870.38
$3,242.08 $4,052.50
$4,535.17 $5,670.17
$54,422.00 $68,042.00
$1,884.27 $2,355.35
$4,082.58 $5,103.25
$48,991.00 $61,239.00
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 173
Item 11.
S1 BIWEEKLY
MONTHLY
ANNUAL
P4 BIWEEKLY
MONTHLY
ANNUAL
P3 BIWEEKLY
MONTHLY
ANNUAL
P2 BIWEEKLY
MONTHLY
ANNUAL
P1 BIWEEKLY
MONTHLY
ANNUAL
A6 BIWEEKLY
MONTHLY
ANNUAL
A5 BIWEEKLY
MONTHLY
ANNUAL
A4 BIWEEKLY
MONTHLY
ANNUAL
A3 BIWEEKLY
MONTHLY
ANNUAL
A2 BIWEEKLY
MONTHLY
ANNUAL
A3 BIWEEKLY
MONTHLY
ANNUAL
A2 BIWEEKLY
MONTHLY
$5,494.75
$65,937.00
$2,282.42
$4,945.25
ADMINISTRATIVE
MAXIMUM
$3,094.42
$6,704.58
$80,455.00
$2,813.12
$6,095.08
$73,141.00
$2,557.38
$5,541.00
$66,492.00
$2,301.65
$4,986.92
$59,843.00
$2,071.50
$4,488.25
PROFESSIONAL
$130,446.00
$4,415.08
$9,566.00
$114,792.00
$3,885.35
$8,418.25
$101,019.00
$3,419.08
$7,408.00
$88,896.00
$3,528.08
$7,644.17
$91,730.00
$10,870.50
$4,617.50
$55,410.00
$1,918.04
$4,155.75
$49,869.00
$1,726.27
$3,740.25
$44,883.00
$1,521.62 $1,902.04
$3,296.83
$35,906.00
$2,578.65
$5,587.08
$67,045.00
$2,344.31
$5,079.33
$60,952.00
$2,131.15
$4,121.08
$53,859.00
OPERATIONS & SKILLED TRADE
MAXIMUM
$2,536.04
$2,062.96
$68,879.00 $91,835.00
$2,331.19 $3,108.23
$5,050.92 $6,734.50
$60,611.00 $80,814.00
$2,051.46 $2,735.27
MAXIMUM
$5,017.15
$2,113.38
$3,663.17 $4,579.00
$43,958.00 $54,948.00
$4,444.83 $5,926.42
$53,338.00 $71,117.00
MINIMUM MIDPOINT
$4,469.75
$53,637.00
$1,875.38
$4,063.33
$48,760.00
$1,704.92
$3,694.00
$44,328.00
$1,534.42
$3,324.58
$39,895.00
$1,381.00
$2,992.17
MINIMUM MIDPOINT
$1,690.69
$3,010.04 $4,013.77
$6,521.75 $8,696.50
$78,261.00 $104,358.00
$2,649.19 $3,532.12
$5,739.92 $7,652.92
$2,117.04 $2,822.54
$4,586.92 $6,115.50
$55,043.00 $73,386.00
MINIMUM MIDPOINT
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 174
Item 11.
ANNUAL
TABLE: 5
M3 BIWEEKLY
MONTHLY
ANNUAL
M2 BIWEEKLY
MONTHLY
ANNUAL
M1 BIWEEKLY
MONTHLY
ANNUAL
S2 BIWEEKLY
MONTHLY
ANNUAL
S1 BIWEEKLY
MONTHLY
ANNUAL
P4 BIWEEKLY
MONTHLY
ANNUAL
P3 BIWEEKLY
MONTHLY
ANNUAL
P2 BIWEEKLY
MONTHLY
ANNUAL
P1 BIWEEKLY
MONTHLY
ANNUAL
A6 BIWEEKLY
MONTHLY
ANNUAL
A5 BIWEEKLY
MONTHLY
$167,052.00
$4,256.65
$9,222.75
$110,673.00
$3,800.42
$8,234.25
$98,811.00
$3,393.54
$7,352.67
$88,232.00
MAXIMUM
ADMINISTRATIVE
$3,040.42
$6,587.58
$2,890.65
$6,263.08
$3,815.81
$8,267.58
$99,211.00
$3,468.69
$7,515.50
$8,150.58
$58,683.00 $97,807.00
$1,986.27 $3,310.35
$4,303.58 $7,172.42
$51,643.00 $86,069.00
$6,425.08
$13,921.00
MAXIMUM
PROFESSIONAL
MAXIMUM
$6,589.04
$14,276.25
$171,315.00
$5,490.96
$11,897.08
$142,765.00
$4,667.35
$10,112.58
$121,351.00
$3,761.81$2,257.04
$3,294.58
$7,138.25
$85,659.00
$2,800.42
$6,067.58
$72,811.00
MIDPOINT
$59,343.00
$2,312.62
$5,010.67
$8,090.08
$97,081.00
$3,953.58
$8,566.08
$102,793.00
$3,009.38
$6,520.33
$78,244.00
$2,648.27
$5,737.92
$68,855.00
$2,553.85
$5,533.33
$66,400.00
$2,280.27
$4,940.58
$3,405.27
$7,378.08
$88,537.00
$4,890.25
PROTECTIVE SERVICES (non-CBU)
$5,271.31
$11,421.17
$137,054.00
$4,392.81
$9,517.75
$114,213.00
$3,733.88
$39,562.00 $49,453.00
MINIMUM
MINIMUM MIDPOINT
$3,855.27 $5,139.65
$8,353.08 $11,135.92
$100,237.00 $133,631.00
MINIMUM MIDPOINT
$2,544.12 $3,179.73
$5,512.25 $6,889.42
$66,147.00 $82,673.00
$59,287.00 $79,051.00
$2,036.19 $2,714.69
$4,411.75 $5,881.83
$52,941.00 $70,582.00
MANAGERIAL
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 175
Item 11.
ANNUAL
A4 BIWEEKLY
MONTHLY
ANNUAL
A3 BIWEEKLY
MONTHLY
ANNUAL
A2 BIWEEKLY
MONTHLY
ANNUAL
O4 BIWEEKLY
MONTHLY
ANNUAL
O3 BIWEEKLY
MONTHLY
ANNUAL
O2 BIWEEKLY
MONTHLY
ANNUAL
$2,758.62
$5,977.00
$71,724.00
$2,482.73
$5,379.25
$64,551.00
MAXIMUM
$2,234.50
$4,841.42
$58,097.00
$1,489.65
$3,227.58
$38,731.00
$4,980.83
$59,770.00
$2,068.96
$4,482.75
$53,793.00
$1,862.08
$4,034.50
$48,414.00
$3,035.50
$6,576.92
$78,923.00
$2,759.50
$5,978.92
$71,747.00
$2,483.92
$5,381.83
$64,582.00
OPERATIONS & SKILLED TRADE
$90,186.00$75,157.00
$2,529.62
$5,480.83
$65,770.00
$2,299.69
$4,982.67
$59,792.00
$2,069.65
$60,128.00
$2,023.65
$4,384.58
$47,816.00
$3,986.25
$47,835.00
$1,655.96
$3,587.92 $4,484.25
$43,055.00 $53,811.00
MINIMUM MIDPOINT
$1,839.08 $2,298.85
$1,655.15
$3,586.17
$43,034.00
$52,615.00
$1,839.81
$3,984.67
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 176
Item 11.
Job Title 1 2 3 4 5 6 7 8 9 10
LINE GROUNDWORKER $61,221 $64,158 $67,239 $70,466 $73,850 $77,395 $81,186 $81,186
ELECTRIC LINEWORKER $85,352 $90,173 $92,858 $95,630 $98,531 $101,476 $104,509 $108,276 $112,282 $119,084
LINE CREW CHIEF $124,443 $129,875
ELECTRIC METER SYSTEM TECH $66,574 $73,223 $78,199 $83,136 $88,035 $92,884 $96,830 $100,802 $104,760 $108,719
SUBSTATION SPECIALIST $85,419 $95,489 $103,420 $111,266 $119,177
SUBSTATION ELEC/COMM SPEC $97,151 $107,114 $116,651 $125,787 $135,545
ELECTRIC SYSTEMS OPERATOR $82,598 $88,039 $93,479 $98,920 $104,361 $109,801 $115,242
PLANT OPERATOR $63,347 $68,884 $73,001 $77,392 $82,053 $88,382
LEAD PLANT OPERATOR $63,347 $68,884 $73,001 $77,392 $82,053 $88,382 $92,801 $97,221
WATER UTILITY MAINT OPERATOR $53,302 $57,950 $61,431 $65,110 $69,026 $74,366
FLEET MAINTENANCE TECHNICIAN $56,246 $62,346 $64,812 $67,430 $70,124 $72,932 $75,853 $78,476
BUILDING INSPECTOR $67,163 $73,732 $76,698 $80,116 $83,247 $86,582 $90,042 $93,705
LEAD BUILDING INSPECTOR $73,878 $81,123 $84,370 $88,144 $91,634 $95,287 $99,061 $103,076
CITY OF FORT COLLINS
2024 PAY PLAN
Step Ladders
Step
EXHIBIT A TO ORDINANCE NO. 172, 2023
Page 177
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
Aaron Guin, Senior Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Salary of the Chief Judge.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code to
establish the 2024 compensation of the Chief Judge. Council met in executive session on November 28,
2023, to conduct the performance review of Jill Hueser, Chief Judge and to consider the salary market
analysis for this position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market-based, competitive, and
tied to performance. The goal as an employer is to attract, retain, engage, develop, and reward a diverse
and competitive workforce to meet the needs of the community now and in the future. To accomplish this
goal, Council and the Chief Judge meet twice a year to discuss performance and set goals for the coming
year.
The 2023 salary of the Chief Judge is $185,000.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council’s discussion during recent performance review, staff has recommended the 2024 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2024 compensation for the
Chief Judge.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary for the Chief Judge as approved by Council.
Page 178
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 179
Item 12.
-1-
ORDINANCE NO. 173, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING
SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS
AND SETTING THE SALARY OF THE CHIEF JUDGE
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the Chief Judge; and
WHEREAS, the City is committed to compensating its employees in a manner which is
fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes not
only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, members of the City Council, with the assistance of City staff, and the Chief
Judge have discussed terms and conditions of the presumed Chief Judge’s employment, including
the base salary to be paid to the Chief Judge; and
WHEREAS, the City Council supports a compensation philosophy of paying employees a
competitive salary and is setting the salary of the Chief Judge based on established market data;
and
WHEREAS, the City Council met with the Chief Judge to conduct a review and establish
goals for her performance; and
WHEREAS, the City Council believes the annual base salary of the Chief Judge for 202 4
should be established at the amount of $200,130 effective January 8, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-606 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-606. - Salary of the Chief Judge.
The base salary to be paid to the Chief Judge shall be two hundred thousand one hundred
thirty dollars ($200,130) per annum, payable in biweekly installments, which sum shall be
charged to general government expense.
Section 3. That the effective date of the salary adjustment shall be January 8, 2024.
Page 180
Item 12.
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Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 181
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
Aaron Guin, Senior Assistant City Attorney
SUBJECT
Second Reading of Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code to
establish the 2024 compensation of the City Attorney. Council met in executive session on November 28,
2023, to conduct the performance review of Carrie Daggett, City Attorney and to consider the salary market
analysis for this position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market-based, competitive, and
tied to performance. The goal as an employer is to attract, retain, engage, develop, and reward a diverse
and competitive workforce to meet the needs of the community now and in the future. To accomplish this
goal, Council and the City Attorney meet twice a year to discuss performance and set goals for the coming
year.
The 2023 salary of the City Attorney is $222,244.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council's discussion during recent performance review, staff has recommended the 2024 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2024 compensation for the
City Attorney.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary of the City Attorney as approved by Council.
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Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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Item 13.
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ORDINANCE NO. 174, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Attorney; and
WHEREAS, the City is committed to compensating its employees in a manner that is fair,
competitive and understandable; and
WHEREAS, the City Council supports a compensation philosophy of paying employees a
competitive salary based on established market data and performance, and may adjust the salary
of the City Attorney to bring that salary more in line with the approved market data; and
WHEREAS, the City Council met with the City Attorney to conduct a review and establish
goals for her performance; and
WHEREAS, the City Council believes the base salary of the City Attorney for 2024 should
be established at the amount of $240,702 effective January 8, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-581 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be two hundred forty thousand seven
hundred two dollars ($240,702) per annum, payable in biweekly installments. Sixty (60)
percent of such sum shall be charged to general government expense, twenty (20) percent
to the City water utility and twenty (20) percent to the City electric utility.
Section 3. That the effective date of the salary adjustment shall be January 8, 2024.
Page 184
Item 13.
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Introduced, considered favorably on first reading and ordered published this 5th day of
December, 2023, and to be presented for final passage on the 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 19th day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 185
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
LeAnn Williams, Recreation Director
Ralph Campano, Real Estate Services Manager
Ingrid Decker, Senior Assistant City Attorney
SUBJECT
Resolution 2023-112 Approving an Intergovernmental Agreement with Poudre School District and
Poudre River Public Library District to Acquire Land and Construct the Southeast Community
Center.
EXECUTIVE SUMMARY
The purpose of this item is to review the terms of a draft intergovernmental agreement (the IGA) covering
land acquisition, constructions, and operation of the Southeast Community Center (SCC).
Poudre School District (PSD) intends to convey to the City at no charge a parcel of land adjacent to Fossil
Ridge High School as the site for the SCC. This no-charge conveyance is contingent upon PSD’s full
funding of a 15% cost share of the indoor swim lanes construction, operation, and maintenance, includes
of the value of the land.
This IGA is a critical first agreement, and throughout 2024 there will be additional agreements drafted and
executed:
● Purchase and Sale Agreement between the City and PSD for the land acquisition (PSA, April 2024),
subject to Council approval;
● Facility Use Agreement between the City and PSD governing PSD’s use of City aquatic facilities
(subsequent to November 2024 elections); subject to City Manager approval;
● Separate IGA between the City and Poudre River Public Library District (PRPLD) (TBD 2024) governing
the Library’s property interest, the facility design, cost sharing, and ongoing operations, subject to Council
approval.
The facility was first conceived as a leisure-swim and maker/creator community space with no lane-swim
capacity as part of the April 2015 Community Capital Improvement Plan ballot initiative. Subsequent efforts
around community engagement, the 2022 Aquatics Study, and the recently passed 2023 ½-cent sales tax
have surfaced an opportunity for an expanded recreation facility combined with a library branch. PSD and
PRPLD have been highly collaborative partners with staff in drafting this agreement and working toward
the full-featured community center proposed within the IGA.
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In April 2015, voters approved Ordinance No. 013, 2015, extending for ten years a quarter-cent sales tax
to be dedicated to the “Community Capital Improvement Program” capital projects and related operation
and maintenance (“CCIP”). Ordinance No. 013, 2015 includes a requirement that the City construct a
Community Center in southeast Fort Collins focused on innovation, technology, art, recreation, and the
creative process, including a “large outdoor leisure pool with water slides, sprays and jets, decks, a lazy
river and open swimming area,” as well as meeting spaces dedicated to innovation and creativity (the
“SCC”).
PSD uses swim lanes at existing City recreation facilities for practices and meets for its high school swim
teams. Access to lanes for both PSD and public at large is constrained within the recreation system based
on current capacity. Moreover, PSD is likely to add an additional swim team soon.
PSD has approximately 10 acres of land available adjacent to Fossil Ridge High School (the “Land”) that,
based on preliminary information, represents a suitable site for the construction of the SCC to include all
of the facility requirements contained in the CCIP ballot language in addition to an expanded library branch,
and the construction of an indoor aquatics facility that would serve the recreation needs of the community
and allow PSD access to indoor lanes for its swim programs (the “Aquatics Facility”).
On August 15, 2023, the Council adopted resolution 2023-074, which stated the “City Council’s intent that
access for [PSD] students is conditional on the District’s and City’s agreement on the District’s share in the
full cost of those swimming lanes,” and PSD has agreed to fund 15% of the capital costs for the Aquatics
Facility, as well as contributing to the operating, maintenance, and replacement costs of the Aquatics
Facility.
On November 7, 2023, voters passed a ballot measure approving a .50% sales tax, with 50% of the
revenues to be spent on replacement, upgrade, maintenance, and accessibility of parks facilities and for
the replacement and construction of indoor and outdoor recreation and pool facilities. These revenues will
provide an estimated $30.0-34.0 million of capital costs funding for the Aquatics Facility through an
anticipated Certificate of Participation debt offering in late 2024 or early 2025.
KEY PROVISIONS OF THE IGA:
1. Land Acquisition
PSD intends to convey the Land to the City. The IGA is conditioned on the City and PSD negotiating and
executing a Purchase and Sale Agreement (“PSA”) for the Land, including any necessary approvals by the
City and PSD’s respective governing bodies, by April 30, 2024.
The City and PSD have agreed on a value for the Land of $3,180,000, based on a recent professional
appraisal.
The value of the Land represents part of PSD’s overall capital commitment to the cost of constructing the
Aquatics Facility. If the Land value is not sufficient to cover PSD’s 15% share of the cost of constructing
the Aquatics Facility, PSD will pay the City the difference, contingent on a 2024 ballot measure that PSD
intends to run. If the Land value exceeds PSD’s 15% share, the City will pay PSD the difference.
The City plans to close on the Land after PSD’s 2024 election. If PSD does not secure additional funding
through a 2024 ballot measure, then at closing the City will place the purchase price of $3.18 million into
an escrow account. If PSD can secure funding for the remaining portion of its 15% share by January 31,
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2025, the escrowed funds will be returned to the City as part of PSD’s 15% share of costs for the Aquatics
Facility. If PSD cannot secure funding, the funds will be released to PSD as payment for the Land, and the
City will have no obligation to build the indoor swim lanes or, if they are built, to allow PSD to use them.
2. Construction of the SCC/Aquatics Facility
The City will do all contracting for design and construction of the SCC. The City and Library will jointly
design and construct the Library Branch portion of the Project and the Library will have input on common
amenities, as set forth in a separate Intergovernmental Agreement between the Library and the C ity to be
negotiated later. The City will consult with PSD, but will have final decision-making authority, on-site
planning for the SCC, and on the designs for the Aquatics Facility at the 50% design stage.
3. Ownership, Maintenance and Use of the Aquatics Facility
The Aquatics Facility will be solely owned and maintained by the City. PSD’s use of City pool facilities,
including the Aquatics Facility, will be governed by a separate Facility Use Agreement between the City
and PSD to be executed following the outcome of the November 2024 election.
As further consideration for its use of the Aquatics Facility, once the facility is open PSD shall pay the City
$150,000 annually, which the City will use for the operation and maintenance of the Aquatics Facility. The
City shall establish a long-term equipment replacement fund associated with the Aquatics Facility and PSD
agrees to also pay the City $45,000 annually as its contribution to this fund. The amount of both payments
is estimated and shall be reevaluated and subject to annual inflation after the initial 7-year term, once the
City has several years of data on actual costs. The City and PSD intend that these annual payments will
continue so long as PSD continues to use the Aquatics Facility, but after the init ial seven-year term of the
IGA these amounts may be adjusted as agreed to by the City and PSD.
4. The Library Branch
The Library is under no obligation to participate in this project. If the Library participates in the project, it
will share in design and construction costs and will equip and operate a library branch consisting of at least
30,000 square feet including meeting rooms and programming spaces to foster research, reading, lifelong
learning innovation and creativity.
The Library and the City intend to negotiate and enter into a separate IGA memorializing their partnership
in this project, which will include:
a. The form of the Library’s interest in the real property;
b. Whether the library branch will be a stand-alone structure or part of a larger facility;
c. Cost sharing of land acquisition, design, and construction costs; and
d. Ongoing maintenance and operations of the real property and facilities.
CITY FINANCIAL IMPACTS
1. Capital Construction
The originally envisioned outdoor pool and community center is slated to receive $17.7M from the 2015
CCIP ¼-cent sales tax.
In expanding the facility’s scope and adding the indoor aquatics facility, the City will incur an estimated
$30.0-$35.0M in additional capital cost based on 2022 dollars. This estimate is net of the cost-sharing
obligations of PSD and PRPLD under the agreement.
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Item 14.
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The anticipated funding for these added costs are CCIP reserves for the 2015-2024 ballot period (estimated
to be up to $10.0M) alongside a future debt issuance from the newly approved ½-cent sales tax for Parks,
Recreation, Climate, and Transit.
2. Operations, Maintenance, and Equipment Replacement
Groundbreaking is likely to occur in early 2025, for a two-year construction project. As such, the facility will
not have operations and maintenance (O&M) costs proposed for the 2025-2026 budget cycle.
The earliest timing for O&M costs associated with the facility would be Q4 2026 to hire in advance of facility
opening. In this case a revision offer, or supplemental appropriation would be brought to Council for
consideration. The ongoing O&M costs will be included in the operating budget starting with the 2027-2028
budget cycle.
The IGA for consideration under this Resolution stipulates that PSD will pay the City $150,000 annually for
aquatics access and $45,000 to assist with funding equipment replacement over time.
Cost recovery for similar facilities is generally 70%, based on fees charged to the Community, with the
remainder of the O&M budget typically funded from the General Fund’s ongoing revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Engagement and outreach were done as part of the 2022 Aquatics Study and the 2023 ½-cent Sales Tax
Initiative.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
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Item 14.
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RESOLUTION 2023-112
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
POUDRE SCHOOL DISTRICT AND POUDRE RIVER PUBLIC LIBRARY DISTRICT
TO ACQUIRE LAND AND CONSTRUCT THE SOUTHEAST COMMUNITY CENTER
WHEREAS, in April 2015 Fort Collins voters approved Ordinance No. 013, 2015,
extending for ten years a quarter-cent sales tax to be dedicated to the “Community Capital
Improvement Program” capital projects and related operation and maintenance (“CCIP”); and
WHEREAS, Ordinance No. 013, 2015 includes a requirement that the City construct a
Community Center in southeast Fort Collins focused on innovation, technology, art, recreation and
the creative process, including a large outdoor leisure pool and meeting spaces dedicated to
innovation and creativity (the “SECC”); and
WHEREAS, Poudre School District (“PSD”) uses swim lanes at existing City recreation
facilities for high school swim team practices and meets, but access to lanes for both PSD and the
general public is constrained by the current capacity of the City’s recreation system; and
WHEREAS, PSD has approximately 10 acres of land available next to Fossil Ridge High
School (the “Land”) that, based on preliminary information, is a suitable site for the SECC,
including all the facility requirements contained in the CCIP ballot language as well as an indoor
aquatics facility that would serve the recreation needs of the Fort Collins community and allow
PSD access to indoor lanes for its swim programs (the “Aquatics Facility”); and
WHEREAS, on August 15, 2023, the City Council adopted resolution 2023-074, which
stated the Council’s intent that access for PSD students to the new Aquatics Facility be conditional
on PSD and the City agreeing on PSD’s share of the cost for such a facility; and
WHEREAS, PSD has agreed to fund 15% of the capital costs for the Aquatics Facility, and
contribute to the operating, maintenance, and replacement costs of the Aquatics Facility, if it can
obtain additional funding through a ballot measure in November, 2024; and
WHEREAS, on November 7, 2023, Fort Collins voters passed a ballot measure approving
a .50% sales tax, with 50% of the revenues to be spent on replacement, upgrade, maintenance, and
accessibility of parks facilities and for the replacement and construction of indoor and outdoor
recreation and pool facilities, and these revenues will provide an estimated $30-34 million of
capital costs funding for the Aquatics Facility; and
WHEREAS, the Poudre River Public Library District (“Library”) is interested in co-
locating a new southeast branch library with the SECC, and has agreed that if it participates it will
pay its share of design and construction costs and will equip and operate the branch library at its
expense; and
WHEREAS, the City, PSD and the Library have negotiated an intergovernmental
agreement governing the City’s acquisition of the Land from PSD for the SECC, the construction
Page 190
Item 14.
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of the SECC (including the Aquatics Facility) and the ownership, maintenance and use of the
Aquatics Facility (the “SECC IGA”); and
WHEREAS, a copy of the proposed SECC IGA is attached and incorporated herein as
Exhibit “A”; and
WHEREAS, key provisions of the SECC IGA include the following:
The IGA is for a term of seven years, at which point the parties can reassess its terms;
The City and PSD have agreed to value the Land at $3.18 million;
The Land’s value is part of PSD’s consideration for the City’s agreeing to build indoor
swim lanes as part of the SECC;
PSD intends to convey the Land to the City at no cost, so long as PSD can obtain full
funding for its 15% share of the costs to build the Aquatics Facility;
If PSD cannot secure funds for 15% of the cost, the City will pay PSD for the land but will
have no obligation to build indoor swim lanes for PSD use;
Details about the Land transfer will be covered in a separate Purchase and Sale Agreement
to be drafted by the City and PSD and presented to the City Council for consideration in
early 2024;
PSD has also agreed to pay the City $150,000 per year, after the indoor pool opens, for
operation and maintenance of the indoor swim lanes, and $45,000 per year towards a long-
term equipment fund;
The Aquatics Facility will be solely owned and maintained by the City;
PSD’s use of City pool facilities, including the Aquatics Facility, will be governed by a
separate Facility Use Agreement between the City and PSD to be executed following the
outcome of PSD’s November 2024 election, subject to City Manager approval;
The City and Library will jointly design and construct the Library Branch portion of the
Project and the Library will have input on common amenities, but the City will do all
contracting for design and construction of the SECC; and
The Library’s participation in the SECC project will be governed by a separate
intergovernmental agreement to be negotiated between the City and the Library and
presented to the City Council for consideration in 2024; and
WHEREAS, Article XIV, Section18(2) of the Colorado Constitution, and Section 29-1-
201 et seq. of the Colorado Revised Statutes authorize governmental entities to enter into
intergovernmental agreements, and to cooperate or contract with one another to provide any
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Item 14.
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function, service, or facility lawfully authorized to each of the cooperating or contracting units;
and
WHEREAS, Section 1-22 of the City Code requires that, with some exceptions,
intergovernmental agreements or cooperative activities between the City and other governmental
entities be submitted to the City Council for review and approval by ordinance or resolution.
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 authorizes the Mayor to execute the SECC
IGA in substantially the form attached hereto as Exhibit “A”, with such additional terms and
conditions as the City Manager, in consultation with the City Attorney determines to be necessary
and appropriate to protect the interest of the City or effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item 14.
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INTERGOVERNMENTAL AGREEMENT
RELATED TO THE SOUTHEAST COMMUNITY CENTER
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) dated , 2023, is entered into
by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corpora�on (“City”), POUDRE
SCHOOL DISTRICT R-1, a statutory Colorado school district (“School District”) and the POUDRE RIVER
PUBLIC LIBRARY DISTRICT, a poli�cal subdivision of the State of Colorado (“Library”). The City, School
District, and Library are referred to herein individually as a “Party” and collec�vely as the “Par�es.”
RECITALS
A.The City is a home-rule municipality that was setled by non-na�ve homesteaders in the mid-
1800’s, was originally plated as a town site in 1866, and became the seat of Larimer County
government in 1868. In 1873 the town of Fort Collins was incorporated. Fort Collins has a current
popula�on of more than 174,000, having grown steadily over the last 60 plus years from a 1960
popula�on of 25,000.
B.The School District is a duly organized and validly exis�ng school district, poli�cal subdivision and
body corporate of the State of Colorado under the Cons�tu�on and laws of the State of
Colorado.
C.The Library is a Colorado Library District established by a ci�zen ini�a�ve in 2006 pursuant to the
Colorado Library Law, Sec�ons 24-90-101 et seq. C.R.S.
D.The Colorado Cons�tu�on, Ar�cle XIV, Sec�on §18, and §29-1-201, C.R.S., et seq. provide for and
encourage poli�cal subdivisions of the State of Colorado to make the most efficient and effec�ve
use of their powers and responsibili�es by coopera�ng and contrac�ng with each other; and
E.Sec�on 29-1-203, C.R.S., as amended, authorizes any poli�cal subdivisions or agencies of the
State of Colorado to cooperate or contract with one another to provide any func�on, service, or
facility lawfully authorized to each of the coopera�ng or contrac�ng en��es, including the
sharing of costs, imposi�on of taxes, or incurring of debt; and
F.The Par�es have a lengthy history of working together to provide park, recrea�on and library
facili�es to the Fort Collins community.
G.In April 2015 the voters of Fort Collins overwhelmingly approved Ordinance No. 013, 2015,
extending for ten years a quarter-cent sales tax to be dedicated to the “Community Capital
Improvement Program” capital projects and related opera�on and maintenance (“CCIP”).
Ordinance No. 013, 2015 includes a requirement that the City construct a Community Center in
southeast Fort Collins focused on innova�on, technology, art, recrea�on and the crea�ve
process, including a “large outdoor leisure pool with water slides, sprays and jets, decks, a lazy
(;+H%H7 $ 72 5(62I87H21
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Item 14.
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river and open swimming area,” as well as mee�ng spaces dedicated to innova�on and
crea�vity.
H.The School District u�lizes swim lanes within exis�ng City recrea�on facili�es for prac�ces and
meets of its mul�ple high school swim teams. Access to lanes for both the School District and
public at large is constrained within the recrea�on system based on current capacity. Moreover,
the School District is likely to add an addi�onal swim team in the near future.
I.The School District currently has approximately 10 acres of land (the “Land”, as defined below)
available that, based on preliminary informa�on, represents a suitable site for the construc�on
of a new Community Center that includes all of the facility requirements contained in the 2015
ballot language in addi�on to an expanded library branch, and the construc�on of an indoor
aqua�cs facility that would both serve the recrea�on needs of the Fort Collins community and
allow the School District access to indoor lanes for its swim programs.
J.Since the CCIP tax measure was approved by the voters, the Par�es have par�cipated in
extensive discussions focused on planning, developing and establishing the Community Center
to meet the needs and desires of the Fort Collins community.
K. The City has secured funding for a currently es�mated $30-34 million of capital costs for the
indoor Aqua�cs Facility. The Par�es acknowledge that the School District plans to secure funding
for the School District’s share of the indoor Aqua�cs Facility, and also contribute to the
opera�on, maintenance, and replacement costs of the Aqua�cs Facility.
L.On August 15, 2023, the Fort Collins City Council adopted resolu�on 2023-074, which stated the
“City Council’s intent that access for [School District] students is condi�onal on the District’s and
City’s agreement on the District’s share in the full cost of those swimming lanes,” and the School
District has agreed to fund 15% of such costs.
M.The Library is interested in construc�ng a southeast branch library as part of the Community
Center.
N.In the spirit of these stated objec�ves, the Par�es seek by this Agreement to memorialize the
terms on which they have agreed, in a collabora�ve manner and as partners, to develop and
operate the Community Center, with the intent that their collabora�ve partnership shall
con�nue for many years to come.
O.This Agreement is condi�onal on the execu�on of a Purchase and Sale Agreement (“PSA”) for the
Land, including any necessary approvals by the City and School District’s respec�ve governing
bodies. This Agreement will automa�cally terminate if the City and School District are unable to
execute the PSA by April 30, 2024.
NOW, THEREFORE, in considera�on of the mutual promises and covenants contained in this Agreement,
the Par�es agree as follows:
(;+H%H7 $ 72 5(62I87H21
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Item 14.
3
I.GENERAL TERMS
1.Defini�ons.
a.Appraised Price: the agreed upon fair market value of the Land, as further described
below in Sec�on II.1(b).
b.Aqua�cs Base: the total capital cost of designing and construc�ng the Aqua�cs Facility,
including but not limited to the cost of construc�ng indoor lap lanes and deck, aqua�c
support (office space, pumping and filtra�on equipment and fixtures, lockers, and
storage), Common Ameni�es, and Site Costs.
c.Aqua�cs Facility: the indoor lap pool facility the City plans to construct as part of the
Community Center, this facility does not include any indoor elements of the Leisure Pool.
d.Common Ameni�es: means common areas of the Community Center that serve the
Aqua�cs Facility or Library Branch as well as the City’s other facili�es, based on the 100%
design of the Community Center.
e.Community Center: the Southeast Community Center, to poten�ally include the Aqua�cs
Facility, Library Branch, Leisure Pool, and other facili�es to serve a community purpose.
f.Effec�ve Date: the date the Agreement is fully executed by all Par�es.
g.Land: Approximately 10 acres of the larger parcel, as depicted in Exhibit A atached,
currently owned by the School District iden�fied as Larimer County Assessor’s Parcel No.
8604000904 that the City intends to acquire as part of this Agreement subject to the
terms and condi�ons of a separate Purchase and Sale Agreement. The Par�es agree that
Exhibit A will be updated with addi�onal informa�on pertaining to the Land, including
the legal descrip�on.
h.Leisure Pool: all elements of an outdoor/indoor leisure pool with water slides, sprays
and jets, decks, a lazy river and open swimming area specified in the CCIP ballot
measure.
i.Library Branch: a facility to serve as a public library mee�ng the defini�ons promulgated
by the Office of Colorado State Librarian and providing community mee�ng spaces with
access to informa�on of all kinds and programing that fosters reading, lifelong learning,
innova�on and crea�vity.
j.Purchase and Sale Agreement or PSA: the agreement to be entered into by the City and
School District outlining the sale of the Land, as described above.
(;+H%H7 $ 72 5(62I87H21
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Item 14.
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k.Project: the acquisi�on of land, planning, design, construc�on and furnishing of the
facili�es encompassing the Community Center.
2.Term and Termina�on. The term of this Agreement will begin on the Effec�ve Date and shall
con�nue for 7 years. The Par�es have agreed to review and update this Agreement as
needed and to engage in good faith nego�a�ons regarding the need for poten�al term
extensions. This Agreement is subject to early termina�on only as described herein.
II.COMMUNITY CENTER AND AQUATICS FACILITY
1.Land Acquisi�on
a.Land. The City intends to acquire the Land from the School District, and both
Par�es will engage in good faith nego�a�ons to reach agreement on and
execute a Purchase and Sale Agreement on terms and condi�ons sa�sfactory to
both Par�es.
b.Appraisal. The City and the School District agree that the Appraised Price of the
Land is $3,180,000. This is the amount at which the Land was appraised on July
26, 2023, by Jon Vaughan of CBRE.
c.City Land Acquisi�on and Aqua�cs Facility Construc�on Funding. The School
District intends to convey the Land to the City as an in-kind considera�on as part
of an overall capital commitment of 15% towards the Aqua�cs Base, in exchange
for the City agreeing to build the Aqua�cs Facility and coordinate the School
District’s shared use of it for School District swim programs.
d.The School District agrees that the City is under no obliga�on to build the
Aqua�cs Facility unless the City and District secure sufficient funding as stated
below. The City and District have iden�fied the following poten�al funding
sources for their respec�ve shares of the Aqua�cs Facility construc�on costs:
i.On November 7, 2023, Fort Collins voters passed a ballot measure
approving a .50% sales tax, with 50% of the revenues to be spent on
replacement, upgrade, maintenance, and accessibility of parks facili�es
and for the replacement and construc�on of indoor and outdoor
recrea�on and pool facili�es. These revenues will provide funding for
the Aqua�cs Facility. The City and the School District intend to sign a PSA
for the Land by April 30, 2024, if not sooner, and close on the Land by
November 30, 2024.
ii.The School District intends to seek voter approval of a November 2024
ballot measure to fund the School District’s share of the Aqua�cs
Facility.
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iii.The City and School District agree that they intend to close on the Land
following the November 2024 elec�on. If the School District’s
November 2024 ballot measure is approved by the voters, then at
closing the School District will convey the Land to the City at no cost as
part of the School District’s share of funding for the Aqua�cs Facility.
iv.If the School District’s November 2024 ballot measure is not approved
by the voters, at closing the City will deposit the Appraised Price of the
Land into an interest-bearing escrow account. The escrow agreement
shall be in substan�ally the form atached as Exhibit B to this
Agreement. This funding will remain in the escrow account un�l the
expira�on of the reimbursement obliga�on described below.
v.If the School District’s November 2024 ballot is not approved but the
School District secures a new source of funding a�er the execu�on of
the PSA and conveyance of the Land to the City but before January 31,
2025, the escrowed funds and any accrued interest shall be released to
the City as part of the School District’s share of funding for the Aqua�cs
Facility.
vi.If the School District’s November 2024 ballot measure is not approved
and the School District is not able to secure a new source of funding by
January 31, 2025, the escrowed funds and any accrued interest shall be
released to the School District, unless the City and School District
mutually agree to extend the funding deadline. The City and School
District agree that if funding cannot be secured by February 1, 2025,
they intend to enter into good-faith nego�a�ons in the future regarding
an aqua�cs facility on the Land and the School District’s use thereof.
e. As of the execu�on of this Agreement the Par�es do not have knowledge of any
restric�ons on the Land or �tle commitments.
f.The City will coordinate with the School District to arrange any site access
required by the City or its contractors prior to closing on the Land.
2.Funding and Construc�on of the Community Center
a.Construc�on and Design. The City will design and construct the Community
Center. The City and Library will jointly design and construct the Library Branch
por�on of the Project and the Library will have input on Common Ameni�es, as
set forth in a separate Intergovernmental Agreement between the Library and
the City described in Sec�on III below. The City will consult with the School
District, but will have final decision-making authority, on site planning for the
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Community Center, and on the designs for the Aqua�cs Facility at the 50%
design stage.
b.Contrac�ng. Contrac�ng for the Project and related products and services shall
be done by the City through its purchasing processes, and subject to applicable
requirements of the City Code and City Purchasing Policies. The Par�es
acknowledge that, pursuant to the City’s Charter, the City may not expend funds
or enter into any contract for materials or services related to the Project unless
the full amount of the funds necessary for such expenditure or contract has
been appropriated to the Project by the City Council. The City and the Library
will each designate a respec�ve project manager through their standard
processes, or may agree to hire a joint agent or project manager for the design
process. The Par�es understand that the construc�on of the Project is subject to
approval through the City’s development review process. The Project is expected
to be designed to a LEED gold level.
c.School District Cost Sharing.
i.The Par�es agree that all cost sharing for the Project will be expressed
as a percentage share of the cost categories, as established in Exhibit C.
The cost sharing percentages will apply to the final design and
construc�on costs rather than the current 2022/2023 cost es�mates.
ii.The School District shall fund 15% of the total of the Aqua�cs Base upon
the City’s presenta�on to the School District of a pay applica�on
detailing the City’s es�mated costs at the �me of groundbreaking on the
Aqua�cs Facility, subject to a reconcilia�on of actual construc�on costs
upon issuance to the City of a Cer�ficate of Occupancy covering the
Aqua�cs Facility. Upon reasonable no�ce, the School District shall have
the right to audit the records of the City as they relate to the Aqua�cs
Facility. School District payments to the City shall be due thirty (30) days
from the date of the City’s invoice to the School District.
iii.The Aqua�cs Base will include any change orders agreed to by the City
and School District that relate to the total cost of the Aqua�cs Facility.
The School District will pay 15% of any such change orders.
iv.The School District’s 15% obliga�on is based on the current occupancy
of the School District’s swim teams in exis�ng City aqua�cs facili�es
compared to the total annual lane-hour availability at such facili�es, as
established in Exhibit D. Per Sec�on II.1c. above, if the School District
gives the Land to the City as an in-kind contribu�on, the Appraised Price
of the Land will count towards this 15% share. The remainder of the
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School District’s 15% share will be paid in cash as described in
subparagraph ii above. Should the School District fail to make the
required payment(s), the City may terminate this Agreement with
respect to the obliga�ons between the City and the School District. Such
termina�on under this subsec�on will not affect the rela�onship and
obliga�ons between the Library and the City under this Agreement.
v.Should the Appraised Price exceed the School District’s 15% share of the
Aqua�cs Base, upon comple�on of the Aqua�cs Facility the City will
make a cash contribu�on to the School District equal to the difference
between the Appraised Price and the 15% share. Upon receipt of this
payment by the School District, the School District ’s cost share of the
Aqua�cs Base will be considered fully sa�sfied.
3.Aqua�cs Facility Opera�on. The Aqua�cs Facility will be solely owned and maintained by the
City. The School District’s us e of City pool facili�es, including this Aqua�cs Facility, shall be
governed by a separate Facility Use Agreement between the City and School District to be
executed within 120 days a�er the School District’s 2024 elec�on.
4.School District Considera�on for Use of Aqua�cs Facility. As further considera�on for its use
of the Aqua�cs Facility, subject to the successful execu�on of the Facility Use Agreement but
separate and apart from the rights and obliga�ons contained within the Facility Use
Agreement, the School District shall pay the City $150,000 annually, which the City will use
for the opera�on and maintenance of the Aqua�cs Facility. The City shall establish a long-
term equipment replacement fund associated with the Aqua�cs Facility and the School
District agrees to also pay the City $45,000 annually as its contribu�on to this fund. These
payments shall be due to the City no later than January 31 of each year star�ng the first
January following the public opening of the Aqua�cs Facility. The City and the School District
intend that these annual payments will con�nue so long as the School District con�nues to
use the Aqua�cs Facility. Following comple�on of the ini�al term of this Agreement the
amounts are subject to adjustment as agreed to by the City and the School District.
III.COMMUNITY CENTER AND LIBRARY BRANCH
1.The Library is under no obliga�on to par�cipate in the Project. If the Library par�cipates in
the Project, it will share in design and construc�on costs; and will equip and operate a
Library Branch consis�ng of at least 30,000 square feet including mee�ng rooms and
programming spaces to foster research, reading, lifelong learning innova�on and crea�vity.
2.The Library and the City intend to nego�ate and enter into a separate Intergovernmental
Agreement memorializing their partnership in the Project before the commencement of any
land and building design. The Intergovernmental Agreement will include but not be limited
to:
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a.The form of the Library’s interest in the real property;
b.Designa�on of the Par�es Project Managers;
c.Whether the Library Branch will be a stand-alone structure or part of a larger
facility;
d.Cost sharing of land acquisi�on, design, and construc�on costs; and
e. Ongoing maintenance and opera�ons of the real property and facili�es.
IV.ADDITIONAL TERMS AND CONDITIONS
1.Obliga�ons Subject to Appropria�ons. The obliga�ons of the Par�es to commit or expend
funds in any subsequent fiscal year are subject to and condi�oned upon the annual
appropria�on of funds sufficient and intended to carry out said obliga�ons by each Party’s
respec�ve governing body in its sole discre�on. If any Party’s governing body does not
appropriate funds necessary to carry out any such obliga�ons, such Party will no�fy the
other Par�es promptly of such non-appropria�on. If such non-appropria�on results in a
material impairment of any of the Par�es’ rights hereunder, such Party may terminate the
Agreement, with no further recourse against the other Par�es, by providing thirty (30) days
writen no�ce.
2.Liability. Only to the extent permited by applicable law, each Party will be responsible for its
own negligent acts or omissions and that of its officers, employees, agents and contractors.
Any liability of the City, School District, Library, or their officers and employees is subject to
all the defenses, immuni�es, and limita�ons of the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended (the “CGIA”), and to any other defenses, immuni�es,
and limita�ons to liability available under the law. It is expressly understood and agreed that
nothing contained in this Agreement shall be construed as an express or implied waiver by
the City, School District, or Library of its governmental and sovereign immuni�es, as an
express or implied acceptance by the City, School District, or Library of liabili�es arising as a
result of ac�ons which lie in tort or could lie in tort in excess of the liabili�es allowable under
the CGIA, as a pledge of the full faith and credit of the State of Colorado, or as the
assump�on by any of the Par�es of a debt, contract or liability or each other in viola�on of
Ar�cle XI, Sec�on 1 of the Cons�tu�on of Colorado.
3.Exis�ng Rights and Agreements. Nothing in this Agreement shall act to amend, modify, or
supersede any related agreements or any other agreements, rights, or legal posi�ons by and
between the City, School District, and the Library external to this Agreement, or to alter in
any way their recourse under the same, unless specifically agreed upon herein.
4.Default; Dispute Resolu�on. If any Party defaults in its obliga�ons under the terms of this
Agreement, a non-defaul�ng Party may give the defaul�ng Party writen no�ce specifying
the nature of the default. If the defaul�ng Party has not cured the default within thirty (30)
days, or, for a default reasonably requiring more than thirty (30) days to effect a cure, has
not commenced a cure within thirty (30) days and pursued it with diligence, the non-
defaul�ng Party may terminate this Agreement—provided that, if there is any dispute,
controversy or claim arising out of or rela�ng to this Agreement or the breach, termina�on
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Item 14.
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or invalidity thereof, the Par�es agree to atempt to resolve the dispute informally before
termina�ng the Agreement. Accordingly, the Par�es will first elevate the disputed issues to
senior administra�on, and if the maters are not resolved, the Par�es may then engage in
media�on or other non-binding dispute resolu�on methods. The Par�es agree that in the
event of a breach of this Agreement by any Party, that is not resolved through the means
described in this sec�on, the non-breaching Party or Par�es shall be en�tled to pursue any
available legal or equitable remedies, including but not limited to injunc�ve relief or specific
performance. In any dispute between the Par�es, each Party will bear its own atorney’s
fees and costs.
5.No�ces. Any no�ce or other communica�on given by any Party to another rela�ng to this
Agreement must be e-mailed, hand-delivered, or sent by registered or cer�fied mail, return
receipt requested, or by overnight commercial courier, addressed to such other Party at its
respec�ve addresses set forth below. A Party may update its address(es) for giving no�ce at
any �me by no�fying the other Par�es in wri�ng. Any no�ce or other communica�on
provided under this Sec�on will be deemed given when so e-mailed or hand-delivered, or
three (3) business days a�er so mailed, or the next business day a�er being deposited with
an overnight commercial courier:
If to the City:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
City Atorney’s Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the School District:
Finance Department
2407 Laporte Avenue
Fort Collins, CO 80521
With a copy to: General
Counsel 2407 Laporte
Avenue Fort Collins, CO
80521
If to the Library:
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Item 14.
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V. MISCELLANEOUS PROVISIONS
1. Words in the singular include the plural and vice-versa.
2. This Agreement is to be construed according to its fair meaning and as if prepared by all
Par�es and is deemed to be and contain the en�re understanding and agreement
between the Par�es. There shall be deemed to be no other terms, condi�ons, promises,
understandings, statements, or representa�ons, expressed or implied, concerning this
Agreement unless set forth in wri�ng and signed by the Par�es.
3. Except as otherwise described herein, this Agreement cannot be modified or assigned
except in wri�ng signed by all Par�es.
4. Subject to the provisions hereof, the benefits of this Agreement and the burdens
hereunder inure to and are binding upon the Par�es and their respec�ve,
administrators, successors, agents and permited assigns.
5. This Agreement will be governed by and its terms construed under the laws of the State
of Colorado. Any judicial proceedings commenced by a party to enforce any of the
obliga�ons, covenants, and agreements contained herein, must be commenced in the
Larimer County District Court located in Fort Collins, Colorado.
6. Nothing contained herein is deemed or should be construed by the Par�es nor by any
third party as crea�ng the rela�onship of principal and agent, a partnership or a joint
venture between the Par�es, or any employment rela�onship between the Par�es.
7. This Agreement is made for the sole and exclusive benefit of the Par�es, and it is not
made for the benefit of any third party.
8. If any term or condi�on of this Agreement is held to be invalid by final judgment of any
court of competent jurisdic�on, the invalidity of such a term or condi�on, will not in any
way affect any of the other terms or condi�ons of this Agreement, provided that the
invalidity of any such term or condi�on does not materially prejudice any party in their
respec�ve rights and obliga�ons under the valid terms and condi�ons of this
Agreement.
9. No Party will be deemed in viola�on of this Agreement if prevented from performing
any of its respec�ve obliga�ons hereunder by reason of strikes, boycots, labor disputes,
embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of
superior governmental authori�es, weather condi�ons, rights, rebellions, sabotage, or
any other circumstances for which it is not responsible or that are not within its control.
10. The Par�es agree that this Agreement and related documents may be subject to
disclosure under the Colorado Open Records Act (“CORA”).
IN WITNESS WHEREOF, the par�es have executed this Agreement as of the date of the most recent
signatory.
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Item 14.
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THE CITY OF FORT COLLINS, COLORADO
Date: _________________________ By: __________________________________
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________
City Clerk Sr. Assistant City Atorney
POUDRE SCHOOL DISTRICT R-1
Date: ________________________ By: __________________________________
Chair of the Board
ATTEST:
___________________________
Board Secretary
POUDRE RIVER PUBLIC LIBRARY DISTRICT
Board of Trustees
Date: ________________________ By:___________________________________
President
ATTEST:
_____________________________
Secretary
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Item 14.
Exhibit A – Land Depic�on
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Item 14.
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ESCROW AGREEMENT [DRAFT]
THIS AGREEMENT is entered into this day of , 20___, by and
between the City of Fort Collins, Colorado, a Colorado home rule municipality (“City”) and
Poudre School District R-1, a statutory Colorado school district (“School District”), and
_______________ (“Escrow Holder”). City and School District may be referred to hereafter
as a “Party” or “Parties.”
City shall deposit with Escrow Holder on or before ______________, 20__, cash in the
amount of $_______________.00 (the “Escrow Deposit Funds”), to be held and distributed
by Escrow Holder subject to the general terms and conditions hereof and the Special
Instructions set forth below.
GENERAL PROVISIONS
1. Amendments. These instructions may not be altered, amended, modified, or revoked
except by a writing signed by the parties hereto and approved by the Escrow Holder.
2. Form of Notice. Any notice, instruction or demand required or desired to be given to the
Escrow Holder or by the Escrow Holder to any other party must be in writing and may be
delivered personally, by U.S. or private mail or courier to the addresses listed below, or
by telefax or telegram.
If to City: If to School District:
3.Reliance on Notice. Escrow Holder may act in reliance upon any writing or instrument
or signature which it, in good faith, believes to be genuine, and may assume the validity
and accuracy of any statement or assertion contained in such a writing or instrument, and
may assume that any person purporting to give any writing, notice, advice or instruction
in connection with the provisions hereof has been duly authorized to do so.
4.Disbursement Time Requirements. Any notice to Escrow Holder hereunder shall be
given not later than 24 hours prior to the date and time for action by Escrow Holder.
Escrow Holder agrees to act upon all notices given to it that are fully approved by all
appropriate parties and are not conditioned upon any event other than Escrow Holder’s
actions, not later than 5:00 p.m. on the business day next following the date upon which
such notice was received.
5.Laws of Escheat. All Parties are hereby advised that unclaimed funds may be payable to
the State of Colorado at some future date pursuant to the laws of escheat, and should
Escrow Holder so pay any such funds held in the Escrow, Escrow Holder shall be
released from all further responsibility under this Agreement and shall not be liable to
Exhibit B – Draft Escrow Agreement
EXHIBIT A TO RESOLUTION 2023-112
Page 205
Item 14.
2
any Party so long as such payment was made pursuant to the statues of Colorado or
regulations of the Colorado Department of Revenue.
6. Interest Earned on Escrow Deposit Funds. Deposits of less than $1,000 shall not bear
interest. Deposits of $1,000 to $100,000 shall bear interest at the rate paid by the
financial institution (the “Institution”) where deposited. Deposits of $100,000 or more
may be directed by the Parties to other types of investments. Under no circumstances
shall Escrow Holder be liable for loss of funds due to bank, savings and loan association
or other Institution failure, or for acts or omissions of the employees or agents of such
Institution, suspension or cessation of business, or any action or inaction on the part of
the bank, savings and loan association or other Institution, or any delivery service
transporting funds to and from such Institution.
7.Receipt and Deposit of Proceeds. The Escrow Deposit Funds will be deposited in a
federally insured banking institution. If the Escrow Deposit Funds exceed $100,000,
Escrow Holder may invest the Escrow Deposit Funds in Government Repurchase
Agreements for U.S. Treasury obligations. Escrow Holder shall not be responsible for
maximizing the yield on the Escrow Deposit Funds. All Parties shall execute and deliver
to Escrow Holder all forms required by Federal, state, or other governmental agencies
relative to taxation matters and Escrow Holder will file appropriate 1099 or other
required forms.
8. Fees and Expenses of Escrow Holder. The Escrow Holder shall be entitled to
reimbursement in full, or may demand payment in advance, for all costs, expenses,
charges, fees or other payments made or to be made by Escrow Holder in the
performance of Escrow Holder’s duties and obligations under this Agreement.
__________ shall be liable for the payment to Escrow Holder of all Fees and Expenses.
Escrow Holder is authorized and directed to disburse up to 50% of the Fees to itself in
payment of Fees or Expenses from the Escrow Deposit Funds whether from principal or
interest or both, at any time and from time to time.
9.Non-Liability of Escrow Holder. Escrow Holder shall not be liable for any mistakes of
fact, or errors of judgment, or for any acts or omissions of any kind unless caused by the
willful misconduct or gross negligence of Escrow Holder. Escrow Holder shall not be
liable for any taxes, assessments, or other governmental charges which may be levied or
assessed upon the Escrow Deposit Funds or any part thereof, or upon the income
therefrom. Escrow Holder may rely upon the advice of counsel and upon statements of
accountants, brokers or other person reasonably believed by it in good faith to be expert
in the matters upon which they are consulted, and for any reasonable action taken or
suffered in good faith based upon such advice or statements. Escrow Holder shall not be
liable to anyone, except as set forth in the above and foregoing.
10. Compliance with Orders. Except as provided in section 3 above, the Escrow Holder is
hereby expressly authorized and directed to disregard any and all notices or warning
given by any of the parties hereto, or by any other person or corporation, excepting only
orders or process of court, and is hereby expressly authorized to comply with and obey
EXHIBIT A TO RESOLUTION 2023-112
Page 206
Item 14.
3
any and all orders, judgments, or decrees of any court, and in case Escrow Holder obeys
or complies with any such order, judgment, or decrees of any court, it shall not be liable
to any of the parties hereto or to any other persons, firm or corporation by reason of such
compliance.
11. Indemnity of Escrow Holder. The Parties, severally, on a 50%-50% basis and to the
extent permitted by law, agree to release and indemnify Escrow Holder as to any liability
by reason of this Escrow Agreement, or in connection herewith and to reimburse Escrow
Holder for all its expenses, including, but not necessarily limited to, attorney’s fees and
court costs incurred in connection herewith, except for Escrow Holder’s own misconduct
or negligence. However, with respect to any third-party claims against the Parties,
nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities
and limitations to the liability available to the Parties and their respective officers and
employees under the Colorado Governmental Immunity Act (C.R.S. 24-10-101 et. seq.)
or under any other law.
12. Disputes. In the event of any dispute between the Parties as to either law or fact as to any
such demand or other matter, such dispute shall be between the Parties and Escrow
Holder shall be excused from further responsibility and the Parties hereby agree, to the
extent permitted by law, to hold Escrow Holder harmless from any and all damages,
liability, costs and fees in connection therewith.
13. Request for Written Instructions. Escrow Holder may at any time, and from time to time,
request the Parties to provide written instructions concerning the propriety of a proposed
payment of funds on deposit, distribution of documents, or other action or refusal to act
by Escrow Holder. Should the Parties fail to provide such written instructions within a
reasonable time, Escrow Holder may take such action, or refuse to act, as it may deem
appropriate and shall not be liable to anyone for such action or refusal to act.
Notwithstanding the foregoing, should the terms of the Escrow Agreement be complied
with, in the judgment of the Escrow Holder, then the Escrow Holder may disburse any
funds, distribute any documents, or take such action without specific further written
instructions from any Party.
14. Resignation of Escrow Holder. Escrow Holder may resign under this Agreement by
giving written notice to all of the Parties, effective 30 days after the date of the notice.
Upon the appointment by the Parties of a new escrow holder or custodian, or upon
written instructions to Escrow Holder for other disposition of the Escrow Deposit,
Escrow Holder shall, after retention of its accrued escrow fees and expenses, if any,
deliver the Escrow Deposit within a reasonable period of time as so directed, and shall be
relieved of any and all liability.
15. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado.
16. Obligations Subject to Appropriation. The obligations of the Parties to commit or expend
funds in any subsequent fiscal year are subject to and conditioned upon the annual
appropriation of funds sufficient and intended to carry out said obligations by each
EXHIBIT A TO RESOLUTION 2023-112
Page 207
Item 14.
4
Party’s respective governing body in its sole discretion. If such non-appropriation results
in a material impairment of the Escrow Holder’s rights hereunder, the Escrow Holder
may terminate the Agreement, with no further recourse against the Parties, by providing
30 days written notice to the Parties.
SPECIAL INSTRUCTIONS
1. The purpose of this Escrow is to ensure payment by the City to the School District
for real property conveyed by the School District to the City simultaneously with this Escrow for
the “Project”, which is defined as the planning, design, construction and furnishing of a new
Southeast Community Center (the “Facility”), as required by the language of the Community
Capital Improvement Program ballot measure approved by Fort Collins voters in April, 2015, if
the School District is not able to secure funding by January 31, 2025, to add to the Project an
indoor aquatics facility including swim lanes that the School District would be able to use (the
“Aquatics Facility”).
2.If the City, on or before January 31, 2025, notifies the Escrow Holder in writing
that it is satisfied the School District has secured funds sufficient and intended for design and
construction of the Aquatics Facility, the Escrow Holder shall release the Escrow to the City.
3.If the City does not notify the Escrow Holder in writing before the close of
business on January 31, 2025, that it is satisfied the School District has secured funds sufficient
and intended for design and construction of the Aquatics Facility, and the Parties have not
negotiated an extension to this Agreement, the Escrow Holder shall release the Escrow to the
School District.
EXHIBIT A TO RESOLUTION 2023-112
Page 208
Item 14.
5
CITY OF FORT COLLINS
A Colorado municipal corporation
By: _____________________________
Kelly DiMartino,
City Manager
ATTEST:
______________________
City Clerk
APPROVED AS TO FORM
________________________
Assistant City Attorney
POUDRE SCHOOL DISTRICT R-1
A statutory Colorado school district
By: ______________________________
Chair of the Board
ATTEST:
_______________________
Board Secretary
Accepted:
____________________
Escrow Agent
By: ________________________
Title: _______________________
Date: _______________________
EXHIBIT A TO RESOLUTION 2023-112
Page 209
Item 14.
Exhibit C– School District Cost Share
Capital Cost Category PSD
Common areas as determined @ 100% Design -- anticipated
to be Entry, Offices, Lounge, Gymnasium
5%*
(15% of 33.33%)
Community Center -- Creation Space / Art Studio / Library
Branch 0%
Outdoor Leisure Pool 0%
Indoor 10-Lane Lap Pool 15%*
Indoor Leisure Pool 0%
Indoor Aquatic Support (Offices, Lockers, Storage,
Mechanical)
7.5%*
(15% of 50%)
Site Costs as determined at 100% design 5%*
(15% of 33.33%)
Land (contributed capital) 100%*
*PSD overall capital contribu�on is limited to 15% of the atributable Aqua�cs Base, including any
change orders agreed upon by the City and School District. Cash contribu�ons over and above the Land
would be billed according to Exhibit E.
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Item 14.
Exhibit D – School District Lane Usage
PSD Utilization*
Number of teams utilizing facility 3 teams
Lanes used 5 lanes
Hours used per team 2 hours
Lane hours utilized at facility per day 30
Overall Community + PSD Pool Utilization - Peak 70.0% A
Overall Community + PSD Pool Utilization - Off-peak 30.0%
PSD usage of gross available lane-hours 20.0%
PSD usage per day of available peak lane-hours 42.9% B
PSD overall utilization during swim season 30% A x B
6-month swim season 50% Calendar year
PSD weighted average utilization of annual lane-hours 15.0% To be applied to capital share
*Informa�on current as of the Effec�ve Date of the IGA
(;+,%,7 $ 72 5(62I87,21
Page 211
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
Carrie Daggett, City Attorney
SUBJECT
Resolution 2023-113 Making Appointments to the Cultural Resources Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill vacancies on the Cultural Resources Board.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
This Resolution appoints Sheri Emerick and Conner Horak-Flood to fill the vacancies left by Jean McGinnis
and Timothy Vavra. Candidates were interviewed by Councilmembers Gutowsky and Ohlson on November
29, 2023. These appointments will begin and expire as noted next to the recommended names shown
below and, in the Resolution.
Cultural Resources Board
Appointments Term Effective Date Expiration of Term
Sheri Emerick (Seat D) Immediately upon adoption of this Resolution March 31, 2028
Conner Horak-Flood (Seat G) Immediately upon adoption of this Resolution March 31, 2026
CITY FINANCIAL IMPACTS
None.
Page 212
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight press release on the
City website, media releases for earned coverage in local media sources, and social media promotion of
opportunities.
ATTACHMENTS
1. Resolution for Consideration
2. Volunteer Applications (Redacted)
Page 213
Item 15.
- 1 -
RESOLUTION 2023-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE CULTURAL RESOURCES BOARD
WHEREAS, the Cultural Resources Board has vacancies due to the resignation of Jean
McGinnis and the termination of the term of Timothy Vavra; and
WHEREAS, Councilmembers interviewed candidates for these appointments on
November 29, 2023; and
WHEREAS, the City Council desires to make appointments to fill these vacancies on the
Cultural Resources Board.
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 following named persons are hereby appointed to fill the open
vacancies on the Cultural Resources Board with a term to begin and expire as noted below next to
each appointee’s name:
Cultural Resources Board
Appointments Term Effective Date Expiration of Term
Sheri Emerick (Seat D) Immediately upon adoption of this Resolution March 31, 2028
Conner Horak-Flood (Seat G) Immediately upon adoption of this Resolution March 31, 2026
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 214
Item 15.
Page 215
Item 15.
Sheri Emerick 11/18/2023 2:08 PM
(Texas)
and volunteer positions with YWCA,
Corpus Christi, TX and South Texas Public
Broadcasting, Corpus Christi, TX
Have you applied for this board before? If yes, please explain.No
Are you currently serving on a City board or Commission? If so, which
one?
No
Specify any activities which might create a serious conflict of interest if
you are appointed:
Only Docent activities with GAMA, which I
would recuse myself from that application.
How have you been active in the arts, culture or creative sector in our
community or other communities and how would your experience benefit
the Cultural Resources Board?
In addition to being a docent at GAMA, I
am the co-Coordinator for Art Excursions
Interest Group with the Fort Collins
Newcomers Club. We meet/tour monthly
at various art museums, galleries and
other art related venues in the Ft. Collins/
Loveland vacinity.
Prior to moving to Ft. Collins in 2022, I was
employed at the Art Museum of South
Texas in Corpus Christi, Tx. In addition to
development duties, I was liasion to the Art
Collectors Club guiding groups to various
art venues in other cities including
Philadelphia, Atlanta, Tulsa, Kansas City,
Dallas, Houston and San Antonio.
I believe my experience with art
communities, as well as vast experience in
Arts Grants applications and reporting, on
local, state and national levels makes me
uniquely qualified to serve on this board. I
served with the Texas Commission on the
Arts as an application reviewer for visual
art. I know the intricacies of the art funding
and resource process, as well as the
importance of face to face relationship
building between the funder and the
recipient.
The City of Fort Collins has a strong history of supporting arts and culture
in our community, through our own facilities and programs and the Fort
Fund Grant Program, what opportunities do you see in strengthening that
commitment?
Though I have lived in Fort Collins a fairly
short time I am sincerely amazed at the
number of quality artistic offerings
available to its citizens and visitors. Any
outreach into the community, especially for
children and youth as well as underserved
citizens can strengthen and enrich the
community. I can envision outreach to
seniors, veterans, and the unsheltered
through cooperative efforts between arts
groups and the City. Combining expertise
and burden sharing can make for a
successful programs. Opportunities to
partner with private businesses can also
strengthen community ties. As an examply
many businesses have funds available for
community outreach and matching
programs which may be used in
cooperation with the City.
How did you learn of a vacancy on this board or commission?Other (please specify);
2 of 4Page 216
Item 15.
Sheri Emerick 11/18/2023 2:08 PM
Board member.
3 of 4Page 217
Item 15.
Page 218
Item 15.
Conner Horak-Flood 11/25/2023 1:31 PM
one?
Specify any activities which might create a serious conflict of interest if
you are appointed:
Company Dance (Artistic Associate) at
Canyon Concert Ballet, Company Dancer
at IMPACT Dance
How have you been active in the arts, culture or creative sector in our
community or other communities and how would your experience benefit
the Cultural Resources Board?
I was born and raised in Ft. Collins where I
studied martial arts (at still kickin' Karate
West on S. Mason!) and musical theater
which synthesized into a passion for
dance. I received my training in town at
Canyon Concert Ballet and, post high
school, went on to pursue my arts
education at Butler University where I
graduated cum laude with a BFA in dance
performance with departmental honors. I
immediately moved back to Colorado
where I've since been a part of many
professional Coloradan dance companies
including Wonderbound, Zikr Dance
Ensemble, and Boulder Ballet as well as
performed at the Vail Dance Festival.
Having grown up in Fort Collins, left to
pursue an education and professional
dance career where I was exposed to all
different forms of creativity, collaboration,
and imagination, I feel I am capable of
understanding where the arts in Fort
Collins have been in recent history, where
its strengths and weaknesses are, and
therefore have a better understanding of
where it is currently heading. I look at the
inertia building in Fort Collins and I am so
optimistic and so excited to be a part of its
future.
The City of Fort Collins has a strong history of supporting arts and culture
in our community, through our own facilities and programs and the Fort
Fund Grant Program, what opportunities do you see in strengthening that
commitment?
I believe to be an artist is to be in a family
with other artists, regardless of the
discipline, and that collaboration and
cross- pollination create better art as well
as a healthier creative ecosystem. Here in
Fort Collins, we have the opportunity to
expand and strengthen this ecosystem as
our city evolves and grows. I firmly believe
that Colorado is on its way to becoming the
mecca for arts as New York and California
once were and Fort Collins deserves a
place at the table. The quality of art and an
audience for that art is only increasing and
I wish to help cultivate and strengthen this
growth.
How did you learn of a vacancy on this board or commission?Other (please specify);
Michael Pappalardo (Artistic Director of
CCB) forwarded email inquiring of general
interest from Solara Clark
2 of 3Page 219
Item 15.
Conner Horak-Flood
Fort Collins, CO 80525
Producer/ Choreographer
Canyon Concert Ballet
Not a Clue (Choreographed and Performed)
Starry Night Productions
A Night of Love and Murder (Choreographed, Produced, and Performed)
Front Range Contemporary Ballet Company
Memoirs of a Coffee Table (Choreographed and Performed)
PERFORMANCE EXPERIENCE
Canyon Concert Ballet (May 2022- Present)
Dracula, Dracula (Michael Pappalardo (created))
The Wizard of Oz,Scarecrow (Michael Pappalardo)
1984, Winston (Michael Pappalardo (created))
Beer, Ballet, and Strawberry Fields (Michael Pappalardo (created))
One Fine Day (Michael Pappalardo (created))
Impact Dance Company(Fall 2022- Present)
Picasso (Judy Bejarano (created))
From the Circus to the Sea (created))
Dominic Walsh’s Cinderella (With Colorado Conservatory of Dance) (May 2022)
Reformations (August 2021- December 2021)
Dracula
Boulder Ballet ( 2019-2020)
AIRES (Paul Taylor, Staged by Richard Chen-See)
James Sewell Ballet (2018-2019)
Thaw (Gabrielle Lamb (created))
Nutcracker (Not So Suite)(Myron Johnson (created))
Moving Works (James Sewell)
Appalachian Waltz (James Sewell)
I See You (Darrius Strong (created))
Wonderbound (2015-2018)
Madness, Rack, and Honey (Garrett Ammon)
I Didn’t Hear You, I Was Away With the Fairies (Sarah Tallman (created))
Aphrodite’s Switchboard,Adonis (Garrett Ammon (created))
Celestial Navigations (Garrett Ammon)
Divisions (Garrett Ammon) *Included in Vail Dance Festival
In Between Seams (Sarah Tallman)
For Pity’s Sake, My Love (Garrett Ammon)
Snow (Garrett Ammon (created))
Reveries (Garrett Ammon (created))
Peering Through Cracks Knotholes (Sarah Tallman (created))
A Gothic Folktale,The Strong Man (Garrett Ammon)
Dust,Werner (Garrett Ammon and Dee Covington (created)) (With Curious Theatre)
Serenade for Strings (Garrett Ammon)
For the Love of Pete (Garrett Ammon)
Love of My Life,The Son (Garrett Ammon)
An Occasional Dream,Adam (Garrett Ammon)
Winter (Garrett Ammon)
Memories and Well-Grounded Hopes (Garrett Ammon)
Page 220
Item 15.
Hidden Constellation (Garrett Ammon (created))
The Seven Deadly Sins,The Best Man (Garrett Ammon (created))
David Taylor’s Zikr Dance Ensemble (2015, 2019, 2023)
Oracle (Created)
In Your Eyes
Alter
Runes
Invocation
Cathedral of Light
Zikr (Whirling Dervishes)
Lady of the Lake (Created)
Sadhu (Created)
Numerous “Gurdjieff Sacred Movements”
Instructor
Just for Kix- Windsor, CO (December 2021- 2023)
Ballet Master, Jazz Instructor (Luigi based technique), Musical Theater Instructor
Front Range Classical Ballet (Summer 2021- 2023)
Ballet, Men’s Technique, Pas de Deux, Contemporary Modern
Canyon Concert Ballet (2009- Present)
Ballet, Modern (Cunningham based technique, Taylor style)), Jazz (Luigi based technique), Pas de Deux
TRAINING
Butler University (2011-2015)
Slaughter on Tenth Avenue The Hoofer (George Balanchine) (Staged Patrick Hinson)
The Sleeping Beauty The Bluebird (Derek Reid)
Viva Vivaldi Soloist (Gerald Arpino) (Staged Charthel Arthur)
Le Sacre Du Printemps (The Rehearsal)(Paul Taylor) (Staged Susan McGuire)
Master Classes:
Christopher Roman (Artistic Advisor for William Forsythe)
David Hochoy (Previous Artistic Director of Dance Kaleidoscope)
Kevin Irving setting Nacho Duato’s Por Vos Muero
Gustavo Ramirez Sansano
Pascal Rioult (Artistic Director of Rioult Dance New York)
SUMMER INTENSIVES
Boston Ballet Summer Dance Program (2010)
Ballet Teachers: Margaret Tracy, Christopher Hird, Andre Reyes, Arch Higgins
Pittsburgh Ballet Summer Dance Intensive (2011)
Ballet: Marjorie Grundvig, Dennis Marshall, Robert Moore, Aleksandr Zankin, Terrence Orr, Li Chou Cheng
Classes in the Pilobolus technique
Next Generation Ballet (2013)
Ballet: Peter Stark, Ivonne Lemus, Andrew Carroll, Jeffery Cirio, Bruce Marx, Julio Montano, Richard Sias
Modern: Eran Bugge (Paul Taylor style)
Awards
Butler University:
Attended with Academic and Dance Performance Scholarships
Dean’s List (Spring 2012-2013, Fall and Spring 2013-2015)
Highest GPA of the 2015 Dance Class (2012-2015)
Leadership Award
Performance Award
Lynnette Jordan Schisla Dance Scholarship
Eileen Poston Dance Scholarship
Most Outstanding Freshman Dancer
Other Qualifications
• Black Belt (1st Degree) in Karate with an emphasis in Tae-Kwon-Do.
• Training in Stage Combat (2008-2010)
• Completed Carol Roderick’s The Dance Teacher’s Institute at Colorado State University
Page 221
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
Carrie Daggett, City Attorney
SUBJECT
Resolution 2023-114 Making an Appointment to the Parks and Recreation Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill a vacancy on the Parks and Recreation Board.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
This Resolution appoints Patrick Dawson to the Parks and Recreation Board. The ad hoc committee on
boards and commissions recommended combining one of the Golf Board functions with the Parks and
Recreation Board functions and dissolving the Golf Board effective January 1, 2024. City staff asked current
Golf Board members whether they are interested in serving the remainder of their term on the Parks and
Recreation Board. The only member who expressed interest is Patrick Dawson. In September, Council
adopted Ordinance No. 118, 2023, dissolving the Golf Board effective January 1, 2024. This Resolution
appoints Patrick Dawson to the Parks and Recreation Board to serve the remainder of his term. The term
begins and ends as outlined below.
Parks and Recreation Board
Appointments Term Effective Date Expiration of Term
Patrick Dawson (Seat H) January 1, 2024 March 31, 2025
CITY FINANCIAL IMPACTS
None.
Page 222
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight press release on the
City website, media releases for earned coverage in local media sources, and social media promotion of
opportunities.
ATTACHMENTS
1. Resolution for Consideration
2. Volunteer Application (Redacted)
Page 223
Item 16.
- 1 -
RESOLUTION 2023-114
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE PARKS AND RECREATION BOARD
WHEREAS, the Parks and Recreation Board has vacancies due to the expiration of terms
of certain members; and
WHEREAS, Councilmembers adopted Ordinance No. 118, 2023, on September 19, 2023,
which dissolved the Golf Board; and
WHEREAS, Patrick Dawson is a Golf Board member who expressed a desire to serve the
remainder of his term on the Parks and Recreation Board; and
WHEREAS, the City Council desires to make an appointment to fill a vacancy on the Parks
and Recreation Board.
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 following named person is hereby appointed to fill the open
vacancy on the Parks and Recreation Board with a term to begin and expire as noted below next
to the appointee’s name:
Parks and Recreation Board
Appointments Term Effective Date Expiration of Term
Patrick Dawson (Seat H) January 1, 2024 March 31, 2025
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 224
Item 16.
12/1/20231:50 PM VOLUNTEER APPLICATION
Patrick Dawson 12/1/2023 1:50 PM
---------------
Application: PRB -Parks and Recreation Board
Applicant Information
Birthday: -Gender: Male Education Level: College degree
Address:
Volunteer Groups Applied For
Parks & Recreation Board
Skills & Interests
Additional Skills / Interests: Thai
Job Description
01 have read the job description
Questions
Phone:
I acknowledge and understand it is recommended to apply for no more YES
than (3) Board/Commission volunteer positions in any one recruitment
cycle.
If applying for more than (1) board/comm ission please list all boards in Golf
order of preference (the most important board to you should be listed
first). Please enter N/A if you have not applied to more than one board/
commission.
I acknowledge I am available when the Parks & Recreation Board meets: YES
4th Wednesday of each month January -October at 5:30 p.m. and 1st
Wednesday of December
How many hours per month are you willing to put in (including research, 4
work, and meeting time) as a board member?
Which Council District do you live in? Please refer to the map at: https:// 4
gisweb.fcgov.com/HTML5Viewer/lndex.html?
Viewer=FCMaps&layerTheme=Council%20Districts
((
Current Occupation: Director of Sales
Current Employer: Printshop
Prior work experience (please include dates): City of Fort Collins
Volunteer experience (please include dates): Golf Board member from 2020
Have you applied for this board before? If yes, please explain. NO
Are you currently serving on a City board or Commission? If so, which Yes;
one? Gott
1 of 2 Page 225
Item 16.
Patrick Dawson 12/1/2023 1:50 PM
Why do you want to become a member of this particular board or
commission?
To continue my commitment to the Golf
Board
Please describe the community benefits of highly functioning Parks &
Recreation Departments.
Health
How have you engaged in the benefits of the current Parks and
Recreation systems?
Multiple touches with the golfing
community
Specify any activities which might create a serious conflict of interest if
you are appointed:
Work
Are you willing to complete the required training if appointed?YES
How did you learn of a vacancy on this board or commission?Newspaper
2 of 2Page 226
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Anissa Hollingshead, City Clerk
Carrie Daggett, City Attorney
Caryn Champine, Director of Planning, Development & Transportation
Sylvia Tatman-Burruss, Senior Project Officer
SUBJECT
Reconsideration of Ordinance No. 136, 2023, Repealing and Reenacting Section 20-1 of the Code
of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying the 1997
Land Use Code as “2023 Transitional Land Use Regulations,” Following a Successful Referendum
Petition.
EXECUTIVE SUMMARY
The purpose of this item is to provide Council with the options available for action following the presentation
of a petition certified as sufficient for referendum. These options include:
● OPTION 1: Repealing the Ordinance subject to the referendum petition.
First Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and
Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code
and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional Land Use
Regulations”, and Related Ordinance No. 137, 2023, and Ordinance No. 138, 2023.
○ This option includes language repealing the associated Ordinance Nos. 137, 2023, and 138, 2023,
that respectively made updates to City Code to align with the revised Land Use Code and renamed the
Neighborhood Conservation zone districts to the Old Town zone district in alignment with the revised
Land Use Code.
○ If this option is approved, Council may choose to discuss next steps regarding a revised version of
the repealed Land Use Code.
or
● OPTION 2: Referring the Ordinance to a vote of the registered electors of the City. Such referral
can be to the next regular or special election called for any other purpose or can be to a special
election called for that specific purpose:
Resolution 2023-115 Referring Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of
the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying the
1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations” to a Vote of the Registered
Electors of the City at the Next Municipal Election.
Page 227
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
○This would refer the Ordinance to the November 4, 2025, Regular Municipal Election or the next special
election called for any purpose prior to that date.
and, if desired,
● OPTION 2A: Calling a Special Election
First Reading of Ordinance No. 176, 2023, Calling a Special Municipal Election for the Purpose of
Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 136, 2023, Repealing
and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use
Code and Separately Codifying the1997 Land Use Code as the “Pre-2024 Transitional Land Use
Regulations.”
BACKGROUND / DISCUSSION
On November 28, 2023, a referendum petition was filed with the City Clerk seeking to repeal Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the
Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional
Land Use Regulations”.
On November 28, 2023, a protest was filed regarding the signatures of the petition. A hearing was held on
December 13, 2023, to consider the protest and the hearing officer issued a decision denying the protest
on December 14, 2023 (attached to this Agenda Item Summary for reference).
On December 14, 2023, following the completion of the protest process, the City Clerk presented the
Council with her certification of the determination that the referendum petition contains a sufficient number
of signatures (more than the required 4,228) to require further a ction by the Council. This certification is
also attached to this Agenda Item Summary for reference.
Upon presentation to the Council of the petition certified as sufficient for referendum on December 14,
2023, the operation of Ordinance No. 136, 2023, was automatically suspended pending repeal by the
Council or final determination by the voters. If the Ordinance is not repealed, Council must refer the
ordinance to a vote of the registered electors of the City at the next regular election or special election
scheduled for any other purpose. Council may call a special election for this specific purpose. Because of
existing election events in 2024, there is a limited range of possible dates for a special election. This
includes between April 9 and May 21, and then again between July 30 and August 6. It is also possible to
call a special election that would be conducted as a coordinated election with Larimer County on November
5, 2024, if no other special election is held before that time.
Two main options available to the Council are presented here as Option 1 and Option 2. If Council chooses
to call a special election now for this purpose, Council will also need to adopt the ordinance provided as
Option 2A and will need to insert the date of the special election into the body of the Ordinance calling a
special election. Without adopting this ordinance, the referendum on Ordinance No. 136, 2023, would need
to occur whenever the next City election is, whether that is the regular election in November of 2025 or any
special election called before that time for another purpose.
OPTION 1 – REPEAL THE ORDINANCE
If Council chooses to repeal the protested Ordinance, it can do so by adopting on First Reading Ordinance
No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code
of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying the 1997 Land
Use Code as the “Pre-2024 Transitional Land Use Regulations”. When the revised Land Use Code was
adopted, Ordinance No. 137, 2023, Updating City Code References to Align with the Adoption of the
Revised Land Use Code, and Ordinance No. 138, 2023, Amending the Zoning Map of the City of Fort
Page 228
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Collins to Rename All Neighborhood Conservation Low Density, Neighborhood Conservation Medium
Density, and Neighborhood Conservation Buffer zone districts to the Old Town Zone District In Conjunction
with the Adoption of the Revised Land Use Code, were concurrently adopted. Adoption of the ordinance
repealing the revised Land Use Code includes language also repealing Ordinance Nos. 137 and 138, 2023.
If this option is approved, Council may choose to discuss next steps regarding a revised version of the
repealed Land Use Code. Staff has attached information to assist with any discussion.
OPTION 2 – REFER THE ORDINANCE TO FORT COLLINS VOTERS AT THE NEXT ELECTION
If Council chooses not to repeal the protested Ordinance, it must refer it to the voters of Fort Collins by
resolution. Council would refer the protested Ordinance to the voters by adopting Resolution 2023-115
Referring Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort
Collins to Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the
“Pre-2024 Transitional Land Use Regulations” to a Vote of the Registered Electors of the City at the Next
Municipal Election. The Resolution directs that staff present at the next regular Council meeting a resolution
to set the ballot title for this question to voters.
AND IF DESIRED, OPTION 2A – CALL A SPECIAL ELECTION
If it is desired to call a special election at this time, that is done by ordinance in addition to the resolution
referring the Ordinance to the voters. If Council intends to call a special election, the process would be
done by adopting Ordinance No. 176, 2023, Calling a Special Election for the Purpose of Submitting to the
Registered Electors a Citizen Referendum of Ordinance No. 136, 2023, Repealing and Reenacting Section
29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying
the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations”. At the time of second
reading of this Ordinance a resolution would also be provided to set the ballot title for this question to
voters.
CITY FINANCIAL IMPACTS
There will be what are likely negligible costs associated with referring Ordinance No. 136, 2023, to the next
regular municipal election on November 4, 2025 or a potential special election called for another purpose
to be conducted as part of the coordinated election on November 5, 2024.
A special election called for the purpose of submitting a referendum of Ordinance No. 136, 2023, is
estimated to cost in the likely range of $300,000-$400,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration - Repeal Ordinance No. 136, 2023
2. Resolution for Consideration - Refer Ordinance No. 136, 2023
3. Ordinance for Consideration - Calling a Special Election
4. Order of Hearing Officer Dismissing Protest
5. Transmittal of Certification of Referendum Petition
6. Memo on Options for New Land Use Code
7. Presentation
Page 229
Item 17.
- 1 -
ORDINANCE NO. 175, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 136, 2023, REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE
REVISED LAND USE CODE AND SEPARATELY CODIFYING THE 1997 LAND
USE CODE AS THE “PRE-2024 TRANSITIONAL LAND USE REGULATIONS,”
ORDINANCE NO. 137, 2023, UPDATING CITY CODE REFERENCES TO ALIGN
WITH THE ADOPTION OF THE REVISED LAND USE CODE AND ORDINANCE NO. 138,
2023, AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS TO RENAME
ALL NEIGHBORHOOD CONSERVATION LOW DENSITY, NEIGHBORHOOD
CONSERVATION MEDIUM DENSITY, AND NEIGHBORHOOD CONSERVATION
BUFFER ZONE DISTRICTS TO THE OLD TOWN ZONE DISTRICT IN CONJUNCTION
WITH THE ADOPTION OF THE REVISED LAND USE CODE
WHEREAS, on October 17, 2023, the City Council adopted on second reading Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to
Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-
2024 Transitional Land Use Regulations” (the “Ordinance”); and
WHEREAS, on October 27, 2023, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on November 8, 2023, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on November 28, 2023, the petition representatives filed the Referendum
Petition with the City Clerk; and
WHEREAS, on December 14, 2023, the City Clerk issued and provided to the City Council
her certification that the Referendum Petition contained the requisite number of signatures (at least
4,228) to require further action by the City Council; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular or
special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, Council has determined that the Ordinance should be repealed; and
WHEREAS, Council has also determined that Ordinance 137, 2023, and Ordinance 138,
2023, both adopted concurrent with Ordinance 136, 2023, and respectively making conforming
changes to City Code. in light of the adoption of the revised Land Use Code and rezoning the
Page 230
Item 17.
- 2 -
Neighborhood Conservation zone districts to rename them as the Old Town zone district in
alignment with the revised Land Use Code, should also be repealed.
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 Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of
the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying
the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations”, is hereby repealed
in its entirety.
Section 3. That Ordinance No. 137, 2023, Updating City Code References to Align
with the Adoption of the Revised Land Use Code, is hereby repealed in its entirety.
Section 4. That Ordinance No. 138, 2023, Amending the Zoning Map of the City of
Fort Collins to Rename All Neighborhood Conservation Low Density, Neighborhood
Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old
Town Zone District in Conjunction with the Adoption of the Revised Land Use Code, is hereby
repealed in its entirety.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, 2023, and to be presented for final passage on the16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 231
Item 17.
- 1 -
RESOLUTION 2023-115
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING ORDINANCE NO. 136, 2023, REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE
REVISED LAND USE CODE AND SEPARATELY CODIFYING THE 1997 LAND USE
CODE AS THE “PRE-2024 TRANSITIONAL LAND USE REGULATIONS” TO A VOTE OF
THE REGISTERED ELECTORS OF THE CITY AT THE NEXT MUNICIPAL ELECTION
WHEREAS, on October 17, 2023, the City Council adopted on second reading Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to
Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-
2024 Transitional Land Use Regulations” (the “Ordinance”); and
WHEREAS, on October 27, 2023, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on November 8, 2023, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on November 28, 2023, the petition representatives filed the Referendum
Petition with the City Clerk; and
WHEREAS, on December 14, 2023, the City Clerk issued and provided to the City Council
her certification that the Referendum Petition contained the requisite number of signatures (at least
4,228) to require further action by the City Council; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular or
special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, the City Council has determined that the Ordinance should not be repealed by
the Council but should instead be referred to the registered electors at the next City election.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Council hereby directs the City Manager and City Attorney to
present for Council consideration on January 16, 2024, a resolution setting the ballot title and
Page 232
Item 17.
- 2 -
submission clause to refer Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of
the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying
the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations”, to the registered
electors of the City of Fort Collins at the next city election, in light of the Referendum Petition
described above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 233
Item 17.
- 1 -
ORDINANCE NO. 176, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF
SUBMITTING TO THE REGISTERED ELECTORS A CITIZEN REFERENDUM
OF ORDINANCE NO. 136, 2023, REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT
THE REVISED LAND USE CODE AND SEPARATELY CODIFYING THE 1997
LAND USE CODE AS THE “PRE-2024 TRANSITIONAL LAND USE REGULATIONS”
WHEREAS, on October 17, 2023, the City Council adopted on second reading Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to
Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-
2024 Transitional Land Use Regulations” (the “Ordinance”); and
WHEREAS, on October 27, 2023, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on November 8, 2023, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on November 28, 2023, the petition representatives filed the Referendum
Petition with the City Clerk; and
WHEREAS, on December 14, 2023, the City Clerk issued and provided to the City Council
her certification that the Referendum Petition contained the requisite number of signatures (at least
4,228) to require further action by the City Council; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular or
special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, the Council has, this same date, determined that the Ordinance should not be
repealed by the Council but should instead be referred to the registered electors; and
WHEREAS, the Council has further determined that it would be in the best interest of the
City to call a special municipal election on the date specified below in order to submit the
Ordinance to a vote of the registered electors of the City at such special election.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Page 234
Item 17.
- 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 a Special Municipal Election in the City is hereby called for Tuesday,
_________________.
Section 3. That the use of an electronic system to record the votes at said election is
hereby authorized.
Section 4. That in the event a special municipal election is called for a date prior to the
date specified herein, the Ordinance shall instead be submitted to the registered electors of the City
at such earlier special election.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, 2023, and to be presented for final passage on the16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 235
Item 17.
Wilson Williams, LLP - Attorneys at Law
Mailing: 317 W South Boulder Road, Suite 6, Louisville CO 80027
Main: 303.376.8510
www.wilsonwilliamsllp.com
1
To: Annisa Hollingshead, City Clerk; Lisa Cunningham, Protester
CC: Carrie Daggett, City Attorney; Sara Afrmann, Assistant City Attorney
From: Geoff Wilson, Hearing Officer
Date: December 14, 2023
Re: ORDER on Protest filed 12/06/2023
ORDER DISMISSING PROTEST
1. On December 6, 2023 Lisa Cunningham (“Protester”) filed a Protest with the City
Clerk pursuant to Art. X, Section 5(f)(3) of the Fort Collins City Charter (“Sec.
5(f)(3)”).
2. A copy of the Protest is attached. See Appendix A.
3. I now issue this ORDER dismissing the Protest.
4. Sec. 5(f)(3) sets forth a process for protesting the City Clerk’s initial determination of
whether the signatures on a referendum petition are “sufficient” (as was the case here)
or “insufficient.” Thus, the focus of a protest is likewise on the sufficiency of the
signatures. In general, protests focus either on the information provided (or not
provided) on the signature lines of the petition itself, or upon the manner in which a
given signature or group of signatures was obtained (that is, the conduct of petition
circulators).
5. Pursuant to the Charter, a hearing on the Protest was set for 9:30 am on December 13,
2023, in the City Council Chambers and notice was provided to the Protester. I was
appointed Hearing Officer in the matter.
6. On December 10, 2023, I provided, inter alia, notice to the Protester and the City Clerk
that, insofar as Section 2 of the Protest did not concern the sufficiency of signatures on
the petition, I could not address it in this proceeding and would be dismissing that
portion of the Protest. A copy of my notice to the Protester and the City Clerk is
attached. See Appendix B.
7. In my December 10 notice I also informed Protester that her Protest was deficient in
that it did not “set forth with particularity the grounds of protest and the names and
defects in form protested,” as required in Sec.5(f)(3). I informed Protester that I was
going to look past this defect (that is, not dismiss the Protest out of hand), but would
Page 236
Item 17.
Wilson Williams, LLP - Attorneys at Law
Mailing: 317 W South Boulder Road, Suite 6, Louisville CO 80027
Main: 303.376.8510
www.wilsonwilliamsllp.com
2
be expecting the Protester to identify “with particularity” which signatures she was
protesting at our hearing.
8. On December 13 at 9:30 am in the Fort Collins City Council Chambers, the Hearing
was convened. I explained the limited nature of the proceedings (i.e., the sufficiency of
signatures only), and the Protester was sworn in.
9. Protester then delivered a well-crafted and articulate statement in which she described
situations that she, as well as she and her husband, had observed during the petition
circulation process where signatures were apparently being gathered without the
required “Big Book,” which included the printed land use code, being “available,” as
was required by the City for lawful circulation of the referendum petitions. A copy of
the City’s circulator instructions is attached. See Appendix C.
10. Petitioner complained about the apparent widespread violation of this requirement by
circulators. In response to my questions, Protester acknowledged that she had not
signed the petition (thus her protest does not seek to invalidate her signature, but rather
those of others), nor had she asked any petition circulators whether the Big Book was
“available.”
11. Protester said that under the process set forth in the Charter, she would have to locate
scores of witnesses who had signed the petition and who could testify that the Big Book
was not “available” when they affixed their signatures. Protester stated that this was a
virtually impossible task and that she had not been able to identify any signatures “with
particularity” in this Protest.
12. Protester produced a witness, who was sworn and testified that he had observed
signature gathering outside the library without the Big Book being visible. The witness
testified that he had not seen anybody actually sign a petition, nor had he asked the
circulators whether the Big Book was actually “available.” The witness also
acknowledged that he had not signed the petition himself.
13. Because the Protester did not identify any signatures on the petition with particularity
in her Protest or at the Hearing, and thus did not establish by a preponderance of her
evidence that the Clerk’s determination of sufficiency as to such signature(s) ought to
be changed, this Protest is DISMISSED.
ISSUED THIS 14th DAY OF DECEMBER, 2023.
__________________________
Hearing Officer Geoff Wilson
Page 237
Item 17.
LISA CUNNINGHAM
612 Smith Street • Fort Collins, CO 80524
lisa.m.cunningham@proto nmail.com • (970) 221-7141
Anissa Hollingshead, City Clerk
City of Fort Collins
300 Laporte Avenue
Fort Collins, CO 80522
Dear Ms. Hollingshead,
REC'D BY CITY CLERKDEC6'23PM2:05
I'm am writing to protest the validity of the petition submitted on November 28, 2023 to
prevent Ordinance No. 136, 2023 (The Land Use Code) from going into effect next
month. I am filing this protest on two grounds: 1) the petitioners did not follow the
City's rules to provide a physical, bound copy of the Ordinance to the public at all
signing events, and 2) this petition process duplicates an earlier petition that was
already publicly vetted and decided upon by City Council, and is an abuse of the
petition process in itself.
1.Bound Copy Requirement
Per the City Clerk's Protest and Referendum Process Memo dated October 27, 2023, the
petitioners were required to exhibit a bound document of the Land Use Code whenever
they solicit signatures for all potential signers to review for themselves. I was not given
this opportunity the week before Thanksgiving, when a female Fort Collins Preserve
petitioner came to my door at 612 Smith Street bearing only the petition on a clipboard
for me to sign, with no bound Land Use Code document in hand. In addition, on
Sunday November 26th, I was outside of the Old Town library where the Preserve Fort
Collins solicitors had set up a petition table, with no copies of the Land Use Code
ordinance available for me to review. I am also attaching several photos posted by
Preserve Fort Collins on their own Facebook page showing similar tables around town
with no ordinance copies visible. The absence of this document violates the rules of the
petition process, as well as the spirit of providing accurate information and facts to
citizens about the ordinance.
2.Duplication of a Previous, Almost Identical Petition
The petition made against the current Land Use Code, is a repeat of the one submitted
a year ago by the same group on this very topic in November 2022.
After the City Council repealed the Land Use Code in January 2023 in response to the
last petition, City staff spent over six months of time, resources, and money to solicit
input from the community. Through this extensive process, City staff made concessions
and incorporated changes that were raised from citizens via surveys, workshops, public
meetings, and walking tours. On October 17, when the City Council re-adopted the
Land Use Code with these changes, this petition process reached its natural conclusion
APPENDIX A
Page 238
Item 17.
from a fully publicly vetted process.The City Council chose to adopt the Land Use Code,
and it should stand.
As a citizen of Fort Collins,I am concerned that in this case the petition process is being
used as a tactic to stonewall our City Council’s decisions.The current petition is a
manipulation of the City’s democratic referendum process.
Certifying a petition which simply recycles identical grievances from a year ago,sets a
dangerous precedent with dire implications for how our City can conduct its business in
the future.
For these two reasons,I ask that you reject this petition.
State of Colorado
County of LFd2.1M EC
,20 2-3
(Notary’s official signature)
4p ,
(Title of office)
p~es ~1019-LHEATHER ROSALINDE HULL HALLBERG
NOTARY PUBLIC -STATE OF COLORADO
NOTARY ID 20234006360
MY CO~ISSION UPIRES FEB 16,2027 I
Lisa Cunningham
Signed and sworn to [or affirmed]before me on
byI—{S~f~&~kECUIJMtJ me(s) of individual(s)making statement).
(Commission Expiration)
APPENDIX A
Page 239
Item 17.
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Page 240
Item 17.
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Page 241
Item 17.
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APPENDIX A
Page 242
Item 17.
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APPENDIX A
Page 243
Item 17.
1
Geoff Wilson
From:Geoff Wilson
Sent:Sunday, December 10, 2023 4:07 PM
To:Anissa Hollingshead; lisa.m.cunningham@protonmail.com
Cc:Sara Arfmann; Carrie Daggett
Subject:RE: Notice of Protest Filed and Protest Hearing Scheduled
Good aŌernoon:
I am the hearing officer for the Protest filed by Ms. Cunningham ( the Protester) in the office of the Fort Collins City
Clerk on December 6, 2023, pursuant to Art. X, SecƟon 5(f)(3) of the City Charter. The hearing on this Protest will be at
9:30 am on Wednesday, Dec. 13 in the City Council Chambers ( the Protester should have already received a noƟce to
this effect).
As set forth in Art. X, Sec.5(f)(3) of the City Charter, Protester here objects to “a determinaƟon by the City Clerk that a
peƟƟon is…sufficient.”
The City Clerk’s determinaƟon of peƟƟon sufficiency involves primarily a review of the signatures on the peƟƟons.
Specifically, Art. X, SecƟon 5(f)(1) of the Charter directs that the City Clerk “ascertain…whether the peƟƟon is signed by
the requisite number of registered electors and contains the required parƟculars and affidavits.” The reference to
“parƟculars” is to the other items on the signature line of a peƟƟon, besides the signature itself. Thus, the process
to protest this determinaƟon by the City Clerk is also focused on the adequacy of the signatures on the peƟƟon. That is
why Art. X, Sec.5(f)(3) directs that a protest brought pursuant to that secƟon “shall set forth with parƟcularity the
grounds of protest and the names and defects in form protested.” (emphasis added).
In SecƟon 1 of her Protest, Protester fails to idenƟfy specifically which names on the peƟƟon she is seeking to
invalidate, beyond her own. Protester implies that she means to protest other signatures, but does not idenƟfy them
with parƟcularity. I am overlooking this defect in the Protest as to these addiƟonal signatures, but I will be looking for
the Protester, at the outset of our hearing, to cure this defect by idenƟfying with parƟcularity which signatures she is
protesƟng, should she wish to protest any signatures other than her own.
In SecƟon 2 of her Protest, Protester raises an objecƟon to the peƟƟon that does not concern the determinaƟon of the
sufficiency of signatures that is the lawful scope of this Protest, pursuant to Art. X, SecƟon 5(f)(3) of the Fort Collins City
Charter. Whatever merit Protester’s objecƟons may have ( and I express no opinion here), this Protest hearing is not the
lawful forum. Accordingly, I will not be taking tesƟmony or receiving other evidence in connecƟon with SecƟon 2 of the
Protest on Wednesday morning, and I will be dismissing this porƟon of the Protest.
Pre-hearing Requests of the Protester.
The following will greatly assist me, as your Hearing Officer, as well as expediƟng our hearing.
1.Exhibits: Should Protester wish to submit any documentary (wriƩen/graphic/pictorial) materials for
consideraƟon at the hearing in connecƟon with SecƟon 1 of the Protest, please leƩer these materials
individually ( a, b, c, etc) for your use as exhibits, and provide them to the City Clerk by the close of business on
Monday. The Clerk will make copies of the exhibits for me.
2.Witnesses: Should the Protester wish to provide tesƟmony of any witnesses, please provide the City Clerk with a
list of these witnesses and a brief statement of their intended tesƟmony by the close of business on Monday.
The Clerk will forward to me this list.
Order of the Hearing.
The hearing on Wednesday morning will begin at 9:30 am and proceed as follows:
APPENDIX B
Page 244
Item 17.
2
1. IntroducƟon of Hearing Officer and opening remarks of the Hearing Officer.
2. Protester is administered oath.
3. Protester presents her case and answers quesƟons from the Hearing Officer. Protester’s witnesses, if any, are
sworn in and may be examined by the Protester and the Hearing Officer.
The Protester’s burden of proof in this proceeding is a “preponderance of the evidence,” meaning that Protester
must show that it is more likely than not that that the signature protested is invalid.
4. Protester concludes her case; may make closing statement.
5. Hearing is closed; Hearing Officer takes case under advisement.
6. Hearing Officer will issue decision within ten days following the hearing.
This will be a public hearing, and the public is welcome to aƩend. However no public comment or tesƟmony will be
taken.
I will expect polite decorum by the public observing this proceeding.
Should I have omiƩed some detail or can answer any quesƟons about our hearing on Wednesday morning, please send
me an e-mail.
Best Regards.
Geoff Wilson
Partner
Wilson Williams LLP
317 W South Boulder Road, Suite 6
Louisville, CO 80027
P: (303) 330-8905
E: geoff@wilsonwilliamsllp.com
wilsonwilliamsllp.com
From: Anissa Hollingshead <ahollingshead@fcgov.com>
Sent: Friday, December 8, 2023 9:17 AM
To: lisa.m.cunningham@protonmail.com
Cc: elections <elections@fcgov.com>
Subject: Notice of Protest Filed and Protest Hearing Scheduled
AƩached please find a noƟce of a protest hearing for the protest you have filed that has been scheduled to begin
Wednesday, December 13, at 9:30 a.m. Also aƩached is a copy of your protest as received.
The hearing will be held in Council Chambers at City Hall and will be before a neutral hearing officer appointed by the
City Manager. Remote parƟcipaƟon via Zoom is possible. Please let us know if you would like remote parƟcipaƟon
arrangements.
The Ɵmeframe for scheduling this hearing is Ɵghtly constrained by the City Charter. Wednesday, December 13 is the
only possible day to schedule a hearing that meets the requirements both for when a hearing must start aŌer the filing
of a protest and the window required to provide noƟce:
City Charter Article Section 5. Petitions.
(f) Sufficiency of petition.
(3) Protests. Registered electors desiring to protest a determination by the City Clerk that a petition is either sufficient or
insufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the
petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form
protested. Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be no more
than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest
APPENDIX B
Page 245
Item 17.
3
to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be
before a hearing officer appointed by the City Manager who shall have the power to issue subpoenas to compel the
attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony
shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was
filed. Said hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is
concluded. The City Clerk shall make any final determination regarding the sufficiency or insufficiency of a petition and
shall base such determination on the protest hearing results certified by the hearing officer. A petition for referendum
which has been deemed insufficient after protest may not be amended or circulated further.
. . .. . . . . . . . . . . . . . . . . . . . . .
ANISSA HOLLINGSHEAD
Pronouns: she/her/hers
City Clerk
City of Fort Collins
300 Laporte Ave, Bldg A
970-416-2995 office
612-720-8751 mobile
ahollingshead@fcgov.com
APPENDIX B
Page 246
Item 17.
INSTRUCTIONS REGARDING THE REFERENDUM PETITION
CIRCULATION PROCESS RELATING TO ORDINANCE NO. 136, 2023
The purpose of this document is to provide information to the petition representatives that can also be
shared with petition circulators to ensure an understanding of the expectations of the City Clerk’s Office
regarding the circulation and potential submission of a complete petition in the protest of Ordinance No.
136, 2023. This information is believed to be accurate and in compliance with the City Charter and Code.
It is not intended to serve as legal advice. In all matters, the City Charter and the City Code are the
authority on all aspects of the referendum petition process.
The pe��on form approval for the current referendum pe��on effort regarding Ordinance No. 136,
2023, is being issued today, Wednesday, November 8, 2023. This approval marks the start of the 20-day
circula�on period for the pe��on, which must conclude with the full submission of the pe��on by 5 p.m.
on Tues day, November 28, 2023.
As part of this referendum pe��on process, there are two parts of the pe��on for circula�on that must
be kept together at all �mes during the solicita�on and collec�on of any signatures on each pe��on
sec�on.
1. Pe��on Sec�ons:
Each sec�on consists of
• Page 1, addressing the pe��on for referendum to the City Council of the City of Fort
Collins, and including a general statement of purpose as provided by the pe��on
representa�ves, the warning required in the City Charter, and the names and addresses
of the three pe��on representa�ves.
• Pages 2-5, the full text of Ordinance No. 136, 2023, excluding any exhibits.
• Page 6, containing a no�ce that the circulator of the sec�on has a bound copy of Exhibits
A through G of the ordinance for review by those being asked to sign.
• Pages 7-9 for pe��on sec�ons printed for 30 signatures, Pages 7-11 for sec�ons printed
for 50 signatures, and Pages 7-16 for sec�ons printed for 100 signatures, containing
signature pages for those wishing to sign the pe��on.
• Page 10 (or 12, or 17), containing space for the notarized affidavit of the pe��on
circulator that must be completed by the individual who circulates that sec�on.
2. Exhibit Books
Each exhibit book is spiral bound, with a clear plas�c front cover and black vinyl back cover. Each
book contains:
• 539 numbered color-printed pages containing exhibits A-G to Ordinance No. 136, 2023,
comprising the Land Use Code adopted on October 17, 2023.
• A label assigning the book a sequen�al 3-digit number, star�ng with Book #001, along
with a no�ce the book must remain in the custody of the circulator and returned to the
pe��on representa�ves with completed pe��on(s).
APPENDIX C
Page 247
Item 17.
The pe��on form approval records every pe��on sec�on approved and provided to the pe��on
representa�ves for circula�on, along with the numbers of the exhibit books provided to the
representa�ves.
REQUIREMENTS EACH CIRCULATOR MUST FOLLOW FOR EVERY PETITION SECTION THEY CIRCULATE
FOR SIGNATURES:
• Be at least 18 years of age or older
• Personally circulate the pe��on sec�on
• Ensure each signature is the signature of the person whose name it purports to be
• Ensure to the best of their knowledge and belief each person signing the pe��on is a registered
elector (voter) in Fort Collins when they sign
• Ensure each signer has an opportunity before signing to read the full text of the en�re pe��on,
including both the pe��on sec�on AND the exhibit book
• Any �me they are circula�ng a pe��on sec�on for signatures, always carry their assigned exhibit
book and have it available for review
• Not pay or agree to pay in the future, directly or indirectly, any money or other thing of value to
any signer for the purpose of inducing or causing the person to sign the pe��on
Every pe��on sec�on includes an affidavit on its final page that must be completed by the person who
circulated that sec�on, ates�ng to adherence to each of the above requirements affirmed by the
circulator’s notarized signature. This affidavit must remain atached to the rest of the pe��on sec�on.
The pe��on sec�ons and exhibit books should be treated as two equal parts of the pe��on for
circula�on by the pe��on representa�ves and circulators. The only differen�a�on between the two is
that one exhibit book should be provided to each circulator, while a circulator may be provided and may
return mul�ple pe��on sec�ons.
• All approved pe��on sec�ons should be returned to the City Clerk’s Office as part of the final
complete pe��on submited.
• All exhibit books provided to the pe��on representa�ves should also be returned to the City
Clerk’s Office at the �me the final complete pe��on is submited.
• It is the responsibility of the pe��on representa�ves to:
o assign an exhibit book to each circulator who is provided pe��on sec�ons for circula�on,
and to track which number exhibit book has been assigned to each circulator;
o ensure all circulators clearly understand they must maintain both all pe��on sec�ons
they are provided and the exhibit book in the condi�on it was provided, without
removing or adding any pages to either document, and without making extraneous
markings or notes on either document;
o ensure all circulators clearly understand the exhibit book must be carried and available
to those being asked to sign at all �mes a pe��on sec�on is being circulated.
• Please note any modifica�on of a pe��on sec�on or an accompanying exhibit book could result
in invalida�on of signatures.
APPENDIX C
Page 248
Item 17.
City Clerk
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
MEMORANDUM
DATE: December 14, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Anissa Hollingshead, City Clerk
RE: Presentation to the City Council of the Certification of Sufficiency of the
Petition Effort Against Ordinance No. 136, 2023
Attached to this memo is my certification of the sufficiency of the petition for referendum
submitted against the going into effect of Ordinance No. 136, 2023.
BOTTOM LINE
Examination of the Petition was completed and a finding of sufficiency made on December 5,
2023. That finding was subject to a protest period, during which a protest of the finding was filed
and subsequently heard before a hearing officer on December 13, 2023.
The Protest of the Finding of Sufficiency has been heard and a decision issued with no change
to any signatures as examined. Therefore, the petition must be certified by the City Clerk
according to the findings made upon the Clerk’s examination and the hearing officer’s decision.
The petition is being certified and presented to the Council as sufficient. The attached certificate
is the final determination as to the sufficiency of the petition.
The operation of Ordinance No. 136, 2023 is now automatically suspended. Once the City Clerk
certifies the petition as sufficient for referendum, this occurs automatically pursuant to Article X,
Section 2(e) of the City Charter.
The certified petition will be presented to Council at its next meeting on December 19 for
further action. Council must reconsider Ordinance No. 136, 2023 at the December 19, 2023
Regular Council Meeting, and may either repeal the ordinance or refer it to a vote of the
registered electors at the next regular or special municipal election held for any other purpose.
If Council chooses to refer the ordinance to the voters, it may also choose to call a special election
for that specific purpose. However, in the event a special municipal election is called for on a date
prior to the date Council originally sets this matter for, the Ordinance must instead be submitted
to the voters at such earlier special election.
Page 249
Item 17.
OVERVIEW OF REFERENDUM PROCESS
Current Step of Referendum Process
Determination of Sufficiency
By the conclusion of the examination period, which ended Tuesday, December 5, 2023, at 5
p.m., the City Clerk must make an initial determination of the sufficiency of the petition. To
have been deemed sufficient, the petition must have included at least 4,228 verified signatures
of registered Fort Collins voters.
The City Clerk issued a Statement of Referendum Petition Sufficiency on December 5, 2023,
finding after examination the petition included 5,776 valid signatures. This initial determination
of whether a petition is sufficient or insufficient is subject to protest and cannot be certified
until the expiration of the protest period or the end of any protest process.
Protest Process
Filing a Protest
Registered electors who want to protest a determination by the City Clerk that a petition is
either sufficient or insufficient may file a written protest, under oath, in the office of the City
Clerk within ten (10) days of the filing of the petition. The City Charter provides a protest shall
set forth with particularity the grounds of protest and the names and defects in form protested.
A protest was filed on Wednesday, December 6, 2023, by Fort Collins registered voter Lisa
Cunningham.
Passage of Ordinance
by City Council
Notice of Protest filed
by registered voter
Clerk’s Office provides
petition materials
Petition representatives
submit final form of
petitions for circulation
City Clerk approves
petition for circulation
Petition circulated by
petition representatives
Complete Petition
Submitted by Petition
Representatives
If valid, submittted
petition examined for
sufficiency by City Clerk
Protest period and any
protest process must be
completed before a
petition can be certified
Clerk certifies petition
as sufficient or
insufficient to Council
Sufficient petition
returns ordinance to
Council for repeal or
placement on the ballot
Current Step
Page 250
Item 17.
Conducting a Protest Hearing
Upon the filing of a protest, the City Clerk is required to set a time for hearing the protest to be
held within seven days. Notice requirements include mailing a copy of the protest with a notice
of the time for the hearing to all designated petition representatives at least five days prior to
the hearing.
• All hearings are before a hearing officer appointed by the City Manager.
• The hearing officer has the power to issue subpoenas to compel the attendance of
witnesses and the production of documents.
• All records and hearings are public, and all testimony must be under oath.
• A protest hearing is summary in nature.
• The hearing process must be completed within 30 days after the petition is filed.
• Results must be decided and certified by the hearing officer within 10 days after the
conclusion of the hearing.
The protest hearing was set for Wednesday, December 13, 2023, at 9:30 a.m. in Council
Chambers at City Hall. Geoff Wilson, attorney with Wilson Williams LLP, was appointed to be
the hearing officer. The hearing was held at this time as a public hearing the public was
welcome to attend, however no public comment or testimony was taken. At the conclusion of
the hearing, the hearing officer took the matter of the protest under advisement.
Issuance of Decision by Hearing Officer
Hearing Officer Wilson issued a decision on December 14, 2023, dismissing the protest and
finding no changes to the signatures as verified by the City Clerk.
Certifying Sufficiency Following a Protest
The City Clerk must make a final determination regarding the sufficiency or insufficiency of a
petition based upon the determination of the protest hearing results certified by the hearing
officer. On this basis, this final determination is being made at this time that the petition is
sufficient, and this finding is being certified and presented to City Council. This results in the
following steps:
1. Automatically suspending the operation of the ordinance subject to the petition.
2. The Council must reconsider the ordinance at its next regular or special meeting,
which will be the December 19, 2023 Regular Meeting. If Council does not repeal
the ordinance, it must refer the ordinance to the voters at the next regular or
special municipal election scheduled for any other purpose. If a decision is made
to refer the ordinance to the voters, Council may choose to call a special
municipal election for that purpose.
Page 251
Item 17.
Communications and Updated Information on the Referendum Process
As has been the case throughout the referendum petition process, updates on significant
process steps are being provided to City Council as well as being posted on the referendum
page of the City website, fcgov.com/elections/referendums. The protest hearing that occurred
on December 13 was recorded, and the video for that recording is available for viewing from a
link on that page as well.
Attachment being provided with this memo:
1. Certification of Sufficient Referendum Petition
cc: City Manager Kelly DiMartino
City Attorney Carrie Daggett
Deputy City Manager Tyler Marr
Assistant City Manager Rupa Venkatesh
Assistant City Manager Denzel Maxwell
Page 252
Item 17.
FINAL CERTIFICATION OF REFERENDUM
PETITION SUFFICIENCY
I, Anissa N. Hollingshead, City Clerk, do hereby certify that:
1. On November 28, 2023, petition representatives Ross Cunniff, Dawn Cramer and
Melissa Abrams submitted a petition requesting that Council repeal Ordinance No.
136, 2023, or refer such ordinance to the registered electors of the city; and
2.A referendum petition must be signed by registered electors of the city equal in
number to at least ten (10) percent of the total ballots cast in the last regular city
election; and
3.The number of signatures of registered voters who live within the Fort Collins city
limits required for said petition to be sufficient is 4,228; and
4.Upon examination of the petition, I have determined that the petition contains 5,776
valid signatures, and the petition is therefore sufficient to require further action by
the Council; and
5.This determination of sufficiency was subject to protest within ten (10) days of the
filing of the petition, which deadline was 5:00 p.m. on December 8, 2023; and
6.A protest was filed on Wednesday, December 6, 2023, by Fort Collins registered
voter Lisa Cunningham of the finding of sufficiency; and
7.A protest hearing was scheduled and held on Wednesday, December 13, 2023,
before Geoff Wilson, hearing officer appointed by City Manager Kelly DiMartino, at
the conclusion of which Hearing Officer Wilson took the matter of the protest under
advisement; and
8.Hearing Officer Wilson decided and certified the results of the hearing on
Thursday, December 14, 2023, determining the protest hearing did not result in
any changes to the signatures as examined by the City Clerk; and
9.The results of the hearing therefore do not change the determination of sufficiency
made on December 5, 2023, and I have made a final determination the petition is
therefore sufficient to require further action by the Council
Signed this 14th day of December, 2023.
____________________________________
Anissa N. Hollingshead, City Clerk
Page 253
Item 17.
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: December 11, 2023
TO: Mayor and City Councilmembers
FROM: Meaghan Overton, Housing Manager
Noah Beals, Development Review Manager
Clay Frickey, Planning Manager
Paul Sizemore, Director of Community Development & Neighborhood Services
Sylvia Tatman-Burruss, Senior Project Manager, City Manager’s Office
RE: Options to Revise the Repealed Land Use Code
Purpose
The purpose of this memorandum was at the request of Councilmembers at their Regular
Meeting on December 5. This is informational and outlines a range of possible Land Use Code
(LUC) revisions Councilmembers may wish to consider if Council chooses to repeal the adopted
LUC. The list of potential revisions are derived from the alternatives explored during our series
of Summer Work Sessions with City Council on the draft LUC).
Potential Revisions
If Council chooses Option 1: Repealing the Ordinance subject to the referendum petition,
Council may also choose to discuss next steps regarding a revised version of the repealed Land
Use Code. This memorandum is intended to support Council dialogue by providing a summary
of potential revisions. For each potential revision, information has also been included about
what is currently permitted under the existing Land Use Code and what was changed in the
LUC as adopted October 2023. Council may also choose to make revisions that have not been
outlined in this memorandum.
Residential, Low-Density (RL): The Residential, Low Density (RL) Zone District is the largest
residential zone district in Fort Collins. Most neighborhoods within the RL zone district are
comprised primarily of single-unit, detached homes. Over 50% of existing housing was built
between 1960 and 1997.
Currently allowed under the existing Land Use Code in RL:
Housing Types: Single-unit detached house
Max Density: 1 dwelling unit per lot
Lot Size: 6,000 sq feet minimum AND 3 times the total floor area, whichever is greater
Maximum Height: 28 feet for residential buildings
Changes adopted in October 2023:
Housing Types: Add Accessory Dwelling Unit (ADU)
Max Density: Increase to 2 dwelling units per lot (detached house + ADU only)
Other:
o ADU height limited to 15 feet where there is no alley
Page 254
Item 17.
o Allow an ADU with single-unit dwelling only
o Require ADU properties to have a resident manager
o Prohibit Short-Term Rentals (STR) in ADUs
Potential revisions for RL:
1. Remove Accessory Dwelling Unit (ADU) as a permitted housing type
(this revision would also decrease maximum density permitted on a lot)
Neighborhood Conservation, Low Density (NCL) / Old Town-A (OT-A): The Neighborhood
Conservation, Low Density Zone District is similar to the RL Zone District in that it permits
primarily single-unit, detached houses; however, the NCL Zone also permits “Carriage Houses”
on lots over 12,000 square feet (about 10% of all NCL lots). The NCL Zone District areas are
generally west and southeast of Downtown. These neighborhoods were mostly built before
1959 and comprise single-family homes on blocks with alleys. Some blocks in the NCL Zone
also include duplexes built prior to the current LUC, and some larger lots include Carriage
Houses.
A carriage house is a detached single unit dwelling that is behind another detached single unit
dwelling. It is limited in size to a maximum 1,000 sf of floor area and requires an additional
parking space.
Currently allowed under the existing Land Use Code:
Housing Types: Single-unit detached house; carriage house
Max Density: 1 unit or 2 units for lots >12,000 sf
Lot Size: 6,000 sf minimum; 12,000 sf minimum for carriage house (10% of NCL lots)
Maximum Height: 2 stories; 24 feet for carriage house or building at the rear of the lot
Changes adopted in October 2023:
Housing Types: Add duplex; expand where ADUs are permitted; permit 3-unit
apartment, rowhouse, and cottage court for affordable housing only
Max Density: 3 units per lot
Lot Size: 4,500 sf; 6,000 sf for 3-unit apartment/rowhouse, 9,000 sf for 3-unit cottage
court
Maximum Height: 28 ft; 24 feet for ADU; 15 ft for detached ADU with no alley
Other:
o Affordable housing allows 3-unit apartment, rowhouse, and cottage court
o Requirements to integrate existing structure
o HOA may limit to internal ADU only
o ADU height limited to 15 feet where there is no alley
o Require ADU properties to have a resident manager
o Prohibit Short-Term Rentals (STR) in ADUs
Potential revisions for NCL/OT-A:
1. Remove duplex as a permitted housing type
2. Require larger minimum lot size (e.g., 12,000 sf) for an ADU
3. Increase minimum lot size for all lots (e.g., 6,000 sf)
4. Remove affordable housing incentive of additional housing types
(apartment, rowhouse, cottage court)
Page 255
Item 17.
NCM (OT-B) – Neighborhood Conservation, Medium Density Zone District: The Neighborhood
Conservation, Medium Density Zone District comprises neighborhoods that are adjacent to
Downtown and includes a diverse mix of single-unit detached, duplex, and multi-unit residential
buildings often integrated on the same block with commercial uses and services within walking
distance.
Currently allowed under the existing Land Use Code:
Housing Types: Single-unit detached house; carriage house; multi-unit up to 4 units (e.g.
duplex, triplex, fourplex)
Lot Size: 5,000 sf for single-unit detached house; 6,000 sf for multi-unit buildings up to 4
units; 10,000 sf for carriage house
Maximum Height: 2 stories, 24 ft for carriage house or building at the rear of the lot
Changes adopted in October 2023:
Housing Types: Allow up to 5 units in multi-unit buildings
Max Density: 6 units per lot
Lot Size: 4,500 sf; 6,000 sf for 4-unit apartment/rowhouse, 9,000 sf for 3-6 unit cottage
court
Maximum Height: 28 ft; 24 feet for ADU; 15 ft for detached ADU with no alley
Other:
o Affordable housing allows 6-unit apartment, 5-unit rowhouse, and 3-6 unit
cottage court
o Requirements to integrate existing structure
o HOA may limit to internal ADU only
o ADU height limited to 15 feet where there is no alley
o Require ADU properties to have a resident manager
o Prohibit Short-Term Rentals (STR) in ADUs
Potential revisions for NCM/OT-B:
1. Limit number of units in multi-unit buildings to what is currently allowed
(e.g., 4 units per building)
2. Decrease maximum density (e.g., 4 units per lot)
3. Require larger minimum lot size (e.g., 10,000 sf) for an ADU
4. Increase minimum lot size for all lots (e.g., 5,000 sf)
5. Remove affordable housing incentive of additional density (+1 unit)
Private Covenants/Homeowners Associations (HOAs): There are currently over 200 HOAs
registered in Fort Collins. They vary based on neighborhood size, housing type and the types of
things their covenants address.
Current Land Use Code regulations for HOAs:
Can not prohibit or limit: xeric landscaping, solar/photovoltaic collectors on roofs, clothes
lines in back yards, odor controlled compost bins
Can not require: turf grass yards/lots
Changes adopted in October 2023:
Can not prohibit or limit: the number and/or type of dwelling units permitted on a lot when
that number and/or type of dwelling unit(s) would otherwise be permitted; the ability to
subdivide property when that subdivision would otherwise be permitted
Page 256
Item 17.
Can regulate: external aesthetics including (but not limited to) site placement/ setbacks,
color, window placement, height, and materials; if ADU is internal or detached
Potential revisions for HOAs:
1. Remove language prohibiting HOAs from regulating the number
and/or type of dwelling units permitted on a lot
2. Remove language prohibiting HOAs from regulating the ability to
subdivide property
Additional Housing-Related LUC Changes
The potential revisions discussed above comprise only a portion of the complete Land Use
Code Housing Update. Other changes to the LUC not discussed above include:
Accessory Dwelling Units permitted in mixed-use zones (e.g., LMN, MMN) and
residential zones (UE, RUL, RF)
Increase maximum density in the LMN Zone from 9 to 12 dwelling units per acre
The creation of building types to describe the form of permitted housing options
Expansion of affordable housing incentives (density, height, parking) to all commercial
and mixed-use zones
Refinement of affordable housing definitions
Permitting affordable housing development to be reviewed administratively
Parking reductions for studio, one-, and two-bedroom units in multi-unit buildings
Design requirements (bulk plane, façade articulation, etc.) and rear-lot requirements in
NCL/OT-A, NCM/OT-B and NCB/OT-C
A maximum limit of 2,400 sf floor area for a single unit dwelling in the NCL/OT-A,
NCM/OT-B and NCB/OT-C
Maximum height of 28 feet for a single unit dwelling in the NCL/OT-A and NCM/OT-B
Code reorganization
Clarification of definitions/measurements
Simplify and rename the NCL, NCM, NCB to OT-A, -B, -C
Graphic and form-based representation of code standards (example illustrated below)
Page 257
Item 17.
Timeline Considerations
Should City Council decide to repeal the Land Use Code, the following options have been
explored based on Council feedback:
Bring Land Use Code for Council Consideration on January 16, 2024: This option is the
earliest possible date for consideration of the Land Use Code with edits if clear Council
direction is received on December 19th. This option would allow for Planning and Zoning
Commission consideration between First and Second readings of the new Ordinance.
Bring Land Use Code for Council Feedback at a Work Session in January: This option
would allow for at least one Work Session ahead of potential Ordinance consideration,
which could occur as soon as February. This option would allow for Planning and Zoning
Commission consideration of any Land Use Code changes after the work session and
ahead of First or Second reading.
Page 258
Item 17.
Presentation of Certified Referendum Petition
December 19, 2023
For Council Action on Ordinance No. 136, 2023
Anissa Hollingshead | City Clerk
Page 259
Item 17.
Passage of Ordinance by City Council
Notice of Protest filed by registered voter
Clerk’s Office provides petition materials
Petition representatives submit final form of petitions for circulation
City Clerk approves petition for circulation
Petition circulated by petition representatives
Complete Petition Submitted by Petition Representatives
If valid, submittted petition examined for sufficiency by City Clerk
Protest period and any protest process must be completed before a petition can be certified
Clerk certifies petition as sufficient or insufficient to Council
Sufficient petition returns ordinance to Council for repeal or placement on the ballot
2Referendum Process
10-17-2023 10-27-2023 11-3-2023 11-6-2023
11-8-2023Thru 11-
28-2023
11-28-202312-5-2023
12-14-2023 12-14-2023 12-19-2023
Page 260
Item 17.
When a Petition is Certified Sufficient 3
At its next meeting, Council must choose to either:
Clerk Certifies Petition Sufficient to Council
Refer Ordinance to voters
Repeal the Ordinance
Page 261
Item 17.
4Options
Option 1-Repeal
•Repeal Ordinance No. 136, 2023
•Information prepared by staff about
possible revisions to the Land Use
Code that could be part of a future
ordinance
Option 2-Refer to voters
•Refer Ordinance No. 136, 2023 to
voters at the next regular or special
election
Option 2A-Call a special election
•Council may choose to call a special
election if desired
•April 9 –May 21, 2024
•July 30 –August 6, 2024
•November 5, 2024Page 262
Item 17.
Land Use Code: Possible Revisions
December 19, 2023
Caryn Champine | Director, Planning, Development, & Transportation
Sylvia Tatman-Burruss | Senior Policy & Project ManagerPage 263
Item 17.
6Potential Revisions
Items for Council Discussion
Potential revisions for RL:
1.Remove Accessory Dwelling Unit (ADU) as a permitted housing type
Potential revisions for NCL/OT-A:
1.Remove duplex as a permitted housing type
2.Require larger minimum lot size (e.g., 12,000 sf) for an ADU
3.Increase minimum lot size for all lots (e.g., 6,000 sf)
4.Remove affordable housing incentive of additional housing types (apartment, rowhouse, cottage court)
Potential revisions for NCM/OT-B:
1.Limit number of units in multi-unit buildings to what is currently allowed (e.g., 4 units per building)
2.Decrease maximum density (e.g., 4 units per lot)
3.Require larger minimum lot size (e.g., 10,000 sf) for an ADU
4.Increase minimum lot size for all lots (e.g., 5,000 sf)
5.Remove affordable housing incentive of additional density (+1 unit)
Potential revisions for HOAs:
1.Remove language prohibiting HOAs from regulating the number and/or type of dwelling units permitted on a lot
2.Remove language prohibiting HOAs from regulating the ability to subdivide property
Page 264
Item 17.
7Additional Housing-Related LUC Changes
Other changes:
•Accessory Dwelling Units permitted in mixed-use zones
and residential zones
•Increase maximum density in the LMN Zone from 9 to 12
dwelling units per acre
•The creation of building types to describe the form of
permitted housing options
•Expansion of affordable housing incentives (density,
height, parking) to all commercial and mixed-use zones
•Refinement of affordable housing definitions
•Permitting affordable housing development to be reviewed
administratively
•Parking reductions for studio, one-, and two-bedroom
units in multi-unit buildings
•Design requirements (bulk plane, façade articulation, etc.)
and rear-lot requirements in Old Town Zones
•A maximum limit of 2,400 sf floor area for a single unit
dwelling in Old Town Zones
•Maximum height of 28 feet for a single unit dwelling in the
NCL/OT-A and NCM/OT-B
•Code reorganization & clarification of
definitions/measurements
•Simplify and rename the NCL, NCM, NCB to OT-A, -B, -C
•Graphic and form-based representation of code standards
(example illustrated below)
Page 265
Item 17.
8Summary of Topics to Carry Forward
No LUC Changes To:
•Basic Development Review (BDR)
•Type 1 Review (Hearing Officer)
•Type 2 Review (Planning and Zoning Commission)
•Site Plan Advisory Review (SPAR)
•Existing 12-step review process
•Level of review required for residential
development (except Affordable Housing)
•Non-residential uses
•Historic Preservation requirements
•Environmental/Natural Resources requirements
•Landscaping requirements
•Street design requirements
•Engineering requirements
•Planned Unit Development (PUD) requirements
•Addition of Permitted Use (APU) requirements
•Modification and Variance standards
•Adequate Public Facilities
•Occupancy Regulations (i.e., U+2)
Page 266
Item 17.
9Timeline Considerations
Bring Land Use Code for Council Consideration on January 16, 2024
•Earliest possible date for consideration of the Land Use Code
•Would allow for Planning and Zoning Commission consideration between First and
Second readings
Bring Land Use Code for Council Feedback at a Work Session in January
•Would allow for at least one Work Session ahead of potential Ordinance consideration
in February
•Would allow for Planning and Zoning Commission consideration of any Land Use Code
changes after the work session and ahead of First or Second reading
Pause Further Action until Council Retreat/Priority Setting
•would allow for further discussion regarding next steps on the Land Use Code for the
newly-formed Council during their January priority-setting processPage 267
Item 17.
Page 268
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
David Ruppel, Northern Colorado Regional Airport Interim Director
Francis Robbins, Northern Colorado Regional Airport Operations & Maintenance Manager
Ryan Malarky, Assistant City Attorney
SUBJECT
Resolution 2023-116 Authorizing the Execution of an Intergovernmental Agreement Between the
City of Fort Collins, the City of Loveland, and the Federal Aviation Administration for Continued
Federal Funding of Air Traffic Control Services at the Northern Colorado Regional Airport.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to execute an agreement with the City of Loveland
and the Federal Aviation Administration (FAA) for the Northern Colorado Regional Airport (Airport) to enter
the FAA Contract Tower (FCT) Program. The FCT Program will result in the Airport continuing to receive
federally funded Air Traffic Control services (ATC Services). ATC Services are currently funded through
FAA’s Next Gen office as part of the Remote Tower Project. However, that funding will be ending
December 31, 2023, and entering the FCT Program will provide a continuation of ATC Services paid for
by FAA. Acceptance in the Contract Tower Program ensures ATC Services for a period of 60 months while
a permanent facility is constructed.
By executing this agreement, the Cities will be committing to take steps toward the design and construction
of a brick-and-mortar tower along certain milestones set by the FAA. This agreement does not prohibit the
Airport from continuing to pursue in parallel a remote tower project. Despite the Cities’ commitment under
the agreement, the Cities will be able to terminate the agreement on 90 days written notice with or without
cause, and any financial commitment by the Cities is subject to appropriation by their respective City
Councils.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The FAA, the CDOT Division of Aeronautics, the Airport, and Searidge Technologies entered into a
collaborative effort in the Colorado Remote Tower Project which began construction in August 2018 and
construction was completed in November 2019. The project goal was to make ATC Services available to
a wider number of airports by leveraging technology to reduce infrastructure costs of a traditional ATC
Tower. Searidge Technologies was the second of three companies in the United States to approach the
FAA with a system to be evaluated for approval for use in the National Airspace System. CDOT contributed
$8 million to the Remote Tower Pilot Project and FNL contributed use of an existing building for use by the
project. No Airport funds were used in the construction or testing of the project.
Page 269
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
In March of 2020, as part of the project, the Mobile Air Traffic Control Tower began operations in preparation
for structured testing of the remote tower. Pandemic-era travel and operational policies resulted in
significant delays to project testing that began in 2022. As is common with developing technologies, system
design specifications were changed by the FAA after the project started, including changing redundancy
and visibility requirements in 2022. The changes applied retroactively to the system proposed by Searidge
in 2018. The FAA then issued a stop work order on the project until Searidge addressed the changed
standards.
In October 2023, Searidge withdrew from the Remote Tower Project. The FAA funding for the Remote
Tower Pilot Project expires December 31, 2023, leaving a funding question for continued ATC Services at
the Airport. Because FNL has had an ATC solution in place for 34 months as a result of the Project and
because the National Airspace System would be adversely affected without a transitional measure, the
FAA established a pathway for FNL to join the FCT Program through an exception to FAA Joint Order
7210.78. Typically, an airport must construct a conventional ATC facility prior to the airport applying to be
a federally funded ATC service. The exception will allow the Airport to join the FCT Program before building
a permanent facility and continued use of the existing mobile tower infrastructure for a period of up to 5
years while a permanent ATC facility is developed. To take advantage of this exception, the Cities and the
FAA must execute a FAA Contract Tower Operating Agreement (FCT Agreement)
Acceptance into the FCT Program results in funding from FAA’s Air Traffic Office and provides an avenue
for continued funding of ATC Services in the near term and also once a permanent facility is established.
Currently there are 262 airports in the FCT Program including three in Colorado: Colorado Air and Space
Port, Eagle County Regional Airport, and Grand Junction Regional Airport. Operations at the Airport during
the last 34 months have identified the standard staffing level of 5 full -time controllers is optimal for the
established ATC operating hours of 10 hours per day, 7 days per week. The value of continued funding
through the FCT Program supplying 5 full-time controllers is estimated at $600,000 annually.
In the FCT Program, the Airport is required to provide certain equipment and facility maintenance, the costs
of which are not outlined in the FCT Agreement. There will be a separate agreement with Aegis for the
lease of the Mobile Tower facility, and a separate agreement with the FAA for the maintenance of required
equipment.. Controller equipment maintained by the Airport will include: Voice Switch communication,
Controller headsets, VHF aviation radios f or Primary and Secondary/backup use, Digital voice recorder,
telephone with long distance, high speed internet communication, Alert System communication, and
Limited Aviation Weather Reporting Station. It is intended for the Airport’s ATC Services to use mainly
existing equipment from the Mobile Tower and the Remote Tower Project. The cost of maintenance, repair,
or replacement due to equipment failure will be the Airport’s responsibility. The cost of maintaining the
existing facilities is estimated at $170,000 annually with most of the expense ($136,332) coming from a
rental and maintenance agreement with Aegis for the existing Mobile Tower facility, as outlined below:
Estimated Cost of Maintenance and Upkeep*
Year Monthly Rate Annual Rate Total
2024 $11,361 $136,332 $136,332
2025 $11,758 $141,096 $277,428
2026 $12,169 $146,028 $423,456
2027 $12,594 $151,128 $574,584
2028 $13,035 $156,420 $731,004
Additional Costs
Site Survey Setup Training Teardown
Complete Complete Complete $22,000
*Cost is programmed with a 3.5% inflation each year.
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Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
In return for the continuing funding for ATC Services, the FCT Agreement requires the Airport to complete
all necessary actions to construct a brick-and-mortar ATC tower along certain milestones starting upon the
effective date of the Agreement:
Complete the FAA ATC Tower Siting Process within two years.
Commence construction of the permanent tower within thirty months.
Complete construction of the permanent tower within five years.
Airport staff are developing and quantifying future capital projects for permanent ATC facilities.
Digital/remote tower options may become available prior to the construction deadline outlined in the FCT
Agreement. Both traditional and digital tower solutions require a new siting study through the FAA Virtual
Immersive Siting Tower Assessment (VISTA) program, and Airport staff are developing a scope of work
for that siting study. It should be noted, the FCT Agreement may be terminated by the parties at any time
with ninety days prior written notice.
CITY FINANCIAL IMPACTS
Neutral – The FCT Agreement has no direct financial impact on the City. The Airport is financially
sustainable with revenue from land leases and user fees covering the Airport’s operational costs. The
Airport budget is sufficient to cover the $170,000 annual cost for providing and maintaining the Mobile
Tower facility and equipment.
With respect to the Cities’ commitment under the FCT Agreement to design and construct a brick -and-
mortar tower, those costs are not currently known. Airport staff are working to quantify those costs. The
earliest financial impact will be the tower siting process, and Airport staff anticipate that will involve an
agreement with the FAA that will include some financial reimbursement to the Airport. The FAA has also
communicated to Airport staff that grant funds may be available for the design and construction of a brick-
and-mortar tower. Airport staff also currently intend to continue to explore a remote tower option, and if it
is feasible, that will result in substantially lower costs for design and construction. Airport staff anticipates
knowing whether a remote tower is feasible approximately two years after the execution of the FCT
Agreement.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Airport staff will present the FCT Agreement to the Northern Colorado Regional Airport Commission at its
meeting on Thursday, December 14, 2023, for the Commission to vote whether to recommend the Cities
execute the Agreement.
PUBLIC OUTREACH
FNL airport holds regular public outreach meetings to discuss current topics including the Air Traffic Control
Services with the FNL Pilots Association, Northern Colorado Regional Airport Working Group, and Runway
Safety Action Team Meetings which include at least four meetings per year. The pilot community at these
meetings and the monthly Airport Commission meetings have been vocal requesting the continuation and
improvement of Air Traffic Control Services. This agreement was only recently requested by FAA and has
not been directly addressed in those meetings.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Presentation
Page 271
Item 18.
- 1 -
RESOLUTION 2023-11 6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CITY
OF LOVELAND, AND THE FEDERAL AVIATION ADMINISTRATION FOR
CONTINUED FEDERAL FUNDING OF AIR TRAFFIC CONTROL SERVICES
AT THE NORTHERN COLORADO REGIONAL AIRPORT
WHEREAS, the Cities of Loveland and Fort Collins (collectively, the “Cities,” and
“Loveland” or “Fort Collins” individually) jointly own and operate the public airport known as the
Northern Colorado Regional Airport (the “Airport”) pursuant to an Amended and Restated
Intergovernmental Agreement for the Joint Operation of the Airport entered into on January 22,
2015, and amended on June 7, 2016; and
WHEREAS, the Federal Aviation Administration (“FAA”) currently provides funding to
the Airport through the FAA’s NextGen initiative for air traffic control services as part of the
remote tower technology project at the Airport; and
WHEREAS, those air traffic control services are provided using a mobile air traffic control
tower; and
WHEREAS, the FAA’s funding for the remote tower pilot project expires December 31,
2023, which creates the potential for a gap in air traffic control services at the Airport; and
WHEREAS, to bridge the potential gap in air traffic control services, the FAA has
established a pathway for the Airport to join the FAA Contract Tower (“FCT”) Program through
an exception to FAA Joint Order 7210.78, which requires that an airport construct a permanent air
traffic control facility prior to applying to the FAA for federal funding for air traffic control
services; and
WHEREAS, to take advantage of this exception, the FAA requires the Cit ies to execute a
FAA Contract Tower Operations Agreement, in substantially the form attached hereto as Exhibit
“A” and incorporated herein (the “FCT Agreement”); and
WHEREAS, under the FCT Agreement in general, the FAA will fund air traffic control
services and the Airport will fund the mobile tower infrastructure and equipment needed for such
services; and
WHEREAS, in return for the FAA providing said funding, the FCT Agreement requires the
Cities, acting through the Airport, to pursue design and construction of a brick-and-mortar air
traffic control tower with the goal of completing construction within five years of the execution of
the FCT Agreement; and
WHEREAS, provided the Airport makes satisfactory progress under the FCT Agreement,
the FAA will continue to fund air traffic control services that use the mobile tower infrastructure
for that five-year period; and
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Item 18.
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WHEREAS, the FCT Agreement has an initial term of one year and may be renewed
annually if the FAA determines the Airport is making satisfactory progress towards designing and
constructing a brick-and-mortar tower within the milestones set forth in the FCT Agreement; and
WHEREAS, the FCT Agreement may be terminated by either City or the FAA with or
without cause by giving the other parties a minimum of ninety days written notice, and termination
will not prejudice the Cities’ ability to later construct a brick-and-mortar tower under the FCT
Program; and
WHEREAS, the City Council desires to authorize the City Manager, in consultation with
the City Attorney, to execute on behalf of Fort Collins the FCT Agreement in substantially similar
form to “Exhibit A;” and
WHEREAS, the FCT Agreement will allow the continued provision of air traffic control
services funded in part by the FAA, which is in the best interests of the City and beneficial to the
users of the Airport and the northern Colorado region at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized, following consultation with the
City Attorney, to execute the FCT Agreement in substantially similar form to “Exhibit A” subject
to modifications as deemed necessary to effectuate the purposes of this Resolution or to protect
the interests of the City of Fort Collins.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 273
Item 18.
1
EXHIBIT A TO RESOLUTION 2023-116
FAA CONTRACT TOWER OPERATIONS AGREEMENT (TOA) BETWEEN
FEDERAL AVIATION ADMINISTRATION (FAA)
AND
The City of Loveland and the City of Fort Collins
I. PARTIES
This FAA Contract Tower Operations Agreement (TOA) (hereinafter “Agreement”) is
hereby made and entered into this ______ day of ______, 20___ by and between the
Federal Aviation Administration (“FAA”) and the City of Loveland and the City of Fort
Collins (jointly, “Airport Sponsor”) (collectively known as the “Parties”).
II. SCOPE
The purpose of this Memorandum of Understanding (MOU) between the FAA and the
Airport Sponsor is to set forth the terms under which Northern Colorado Regional
Airport (FNL) will participate in the FAA Contract Tower (FCT) program temporarily using
a Mobile Airport Traffic Control Tower (MATCT). This Agreement replaces and
supersedes any prior Tower Operations Agreement signed by the parties. This
Agreement is not intended to reduce or limit the Airport’s rights under the FCT Program
except as expressly set forth herein regarding the use of the MATCT.
III. ROLES AND RESPONSIBILITIES OF THE PARTIES
A. Roles and responsibilities of the FAA.
The FAA shall fund air traffic control services at the Airport using the MATCT, by
way of a contractual agreement between the FAA and an air traffic control (ATC)
services provider of the FAA’s choice, in accordance with standards established
by the FAA until the new brick and mortar tower is commissioned, subject to the
availability of funds.
The MATCT hours of operation will be 0800-1800 Local. The FAA reserves the
right to adjust those hours in accordance with applicable FAA standards,
regulations, and policy.
The ATC services provider will collect hourly and daily traffic count data during
tower operating hours.
The FAA will maintain all FAA-owned equipment installed in MATCT and at FNL.
The FAA will conduct annual occupational safety and health inspections, for any
FCT that is an FAA employee’s duty station.
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Item 18.
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EXHIBIT A TO RESOLUTION 2023-116
The FAA will conduct periodic security inspections based upon the criteria
identified in FAA Order 1600.69C, as may be amended. Relevant portions of the
Order will be provided to Airport Sponsors. (A Signed Non -Disclosure Agreement
(NDA) will be required to receive a copy of the Order.)
B. Roles and responsibilities of the Airport Sponsor.
The Airport Sponsor shall provide and maintain, at no expense to the FAA, a
temporary MATCT that meets all applicable Federal, state, and local codes,
standards and regulations.
The Airport Sponsor shall provide, maintain, and replace for the temporary
MATCT, at no expense to the FAA, all non-FAA-owned tower equipment
required by the Minimum Equipment and Facilities List (MEL) attached hereto as
Appendix A (FAA Order JO 7210.78), with the following modification to Section 1
(Communications Equipment) paragraph (g):
(g) Telecommunication requirements to sustain high speed internet
communication, to include the following:
1) FTI Mission Support connection and Router;
2) Local Area Network consisting of a network switch, an
Uninterruptible Power Supply (UPS), a rack with patch panel, and
network cabling to the wall jacks.
is replaced by:
(g) Telecommunication requirements to sustain high speed internet
communication available to the controller workforce in (locations to be
determined).
Note: This adjustment to the MEL is only applicable to the MATCT,
and the upcoming brick-and-mortar tower will be required to fulfill
the requirements of FAA Order JO 7210.78.
The Airport Sponsor shall provide and continually maintain all utilities and
services, including but not limited to: heating, air conditioning, electrical, water,
gas and sewer, to the temporary MATCT.
The Airport Sponsor shall maintain janitorial services (to include washing tower
cab windows and shades, interior and exterior, when necessary) at no expense
to the FAA for the temporary MATCT.
The Airport Sponsor shall be responsible for the proper and continued
Page 275
Item 18.
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EXHIBIT A TO RESOLUTION 2023-116
functioning of all equipment that the FAA determines is necessary for temporary
MATCT operations, including that which cannot be placed in operation or
otherwise controlled from the MATCT building or that is not otherwise within the
control of the FAA, its agents, representatives, or contractors. Examples include,
but are not limited to airport lighting, windsock, obstruction lights, rotating
beacon, etc.
The Airport Sponsor is responsible for establishing and maintaining security and
controlled access to the temporary MATCT in accordance with FAA Order
1600.69C, as may be amended. Relevant portions of the Order will be provided
to the Airport Sponsor. (A Signed NDA will be required to receive a copy of the
Order).
The Airport Sponsor agrees to enter into a Letter of Agreement (LOA) with the
ATC service provider’s local representative specifically for the purpose of
providing an airport point of contact and procedures to follow to ensur e a timely
response to requests concerning equipment, security or building problems.
In accordance with FAA Order JO 7210.3, as revised, other Letters of
Agreement may be necessary to comply with other requirements such as airport
emergency service, control of vehicular traffic on airport movement areas,
operation of airport lighting, local procedures and reporting airport conditions.
However, the terms and conditions set forth in this Agreement or the FCT
contract cannot be waived or superseded by such local agreements.
The Airport Sponsor shall, at no cost to the FAA, complete all necessary actions
to construct a brick-and-mortar Airport Traffic Control Tower (ATCT) that meets
FAA requirements in FAA Order 7210.78. Except as agreed between the parties
or as otherwise permitted under the FCT Program, the Airport Sponsor must
meet the following milestones to remain in the FCT program:
Complete the FAA Airport Traffic Control Tower Siting Process for the
permanent tower no later than two years from the date of signature of this
Agreement.
Commence construction of the permanent tower no later than 30 months
from the date of signature of this Agreement.
Complete construction of the brick-and-mortar tower no later than 5 years
from the date of signature of this Agreement.
The Airport Sponsor shall sign a new/modified Tower Operations Agreement for
the permanent brick-and-mortar ATCT no later than 60 days before the
anticipated commissioning of the permanent tower.
Page 276
Item 18.
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EXHIBIT A TO RESOLUTION 2023-116
IV. BENEFIT/COST RATIOS CONSIDERATION
Statute dictates how often and under what conditions FAA recalculates benefit/cost ratios
to determine the percentage of funds for which the FAA and the airport are responsible.
The FAA currently provides full funding for sites with a benefit/cost ratio of 1.0 o r greater.
Fully funded sites at which the FAA has determined that the benefit/cost ratio decreases
to less than 1.0 will be offered the opportunity to participate in the FCT Cost Share
Program.
V. SUPPLEMENTAL HOURS
If the Airport Sponsor requests MATCT services outside of FAA approved tower hours
of operation, the provision of such additional services shall be at the expense of the
Airport Sponsor, unless otherwise agreed to. These supplemental hours of operation
may be achieved through an agreement with the air traffic control services provider,
supplemental agreement with the FAA, or by other authorized means.
VI. POINTS OF CONTACT
Airport Sponsor
David Ruppel
Airport Director
Northern Colorado Regional Airport
(970) 962-2852
FAA Implementation Manager
Dan Sherren
Terminal Program Implementation Team, AJV-W37
Western Service Area
206 231-2765
FAA Program Manager
Lisa Bush-Caudle
FAA Contract Tower (FCT), Program Manager
Program Management Office, Enterprise Services, AJM-3
800 Independence Ave., SW, Washington, DC 20591
(202) 267-0849
VII. CHANGES AND/OR MODIFICATIONS
Changes and/or modifications to this Agreement shall be in writing and signed by both
parties. The modification shall cite the subject Agreement and shall state the exact
nature of the modification. No oral statement by any person shall be interpreted as
modifying or otherwise affecting the terms of this Agreement.
Page 277
Item 18.
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EXHIBIT A TO RESOLUTION 2023-116
VIII. TERMINATION
In addition to any other termination rights provided by this Agreement, either party may
terminate this Agreement at any time prior to its expiration date, with or without cause,
and without incurring any liability or obligation to the terminated party by giving the
other party at least Ninety (90) days prior written notice of termination. Upon receipt of
a notice of termination, the receiving party shall take immediate steps to stop the
accrual of any additional obligations, which might require payment. Termination of this
Agreement is without prejudice to the airport sponsor’s ability to continue to construct a
brick-and-mortar tower as part of the FCT Program if it is otherwise in compliance with
its obligations under the FCT Program.
IX. TERM OF THE AGREEMENT
This Agreement is applicable for one year from the date of signature and may be renewed
annually based on the FAA’s assessment of Airport Sponsor’s progress in building a
permanent brick-and-mortar ATCT and meeting the milestones described in Section III. B
above, unless terminated by either of the parties in writing, as provided herein.
X. DISPUTES
Where possible, disputes will be resolved by informal discussion between the parties. In
the event the parties are unable to resolve any disagreement through good faith
negotiations, the Director of Operations- Headquarters (AJT-2) will resolve the dispute
after direct consultation with Airport Director. The decision of the Director of Operations-
Headquarters is not subject to further administrative review and, to the extent permitted
by law, is final and binding.
XI. INSURANCE
The Airport Sponsor shall arrange by insurance or otherwise for the full protection of the
Airport Sponsor from and against all liability to third parties arising out of, or related to,
the performance of this Agreement to the extent permitted by law. No term or condition
of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the notices, requirements, immunities, rights, benefits, protections, limitations of
liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., and under any other applicable law.
XII. LIABILITY
The FAA assumes no liability under this Agreement for any losses arising out of any
action or inaction by the Airport Sponsor, its employees or contractors, or any third party
acting on its behalf. The Airport Sponsor agrees to hold the FAA harmless against any
claim by third persons for injury, death, or property damage arising out of or in
connection with the Airport Sponsor’s perfo rmance under this Agreement.
Page 278
Item 18.
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EXHIBIT A TO RESOLUTION 2023-116
XIII. LEGAL AUTHORITY
This “other transaction” MOU is entered into under the authority of 49 U.S.C. §§ 106
(f)(2)(A) and 106(l) and (m), which authorizes agreements and other transactions on
such terms and conditions as the Administrator determines necessary. This MOU is not
a Memorandum of Agreement, procurement contract, grant or cooperative agreement.
Nothing in this Agreement shall be construed as incorporating by reference or
implication any provision of Federal acquisition law or regulation.
XIV. CIVIL RIGHTS ACT
The Airport Sponsor shall comply with Title VI of the Civil Rights Act of 1964 relating to
nondiscrimination in federally assisted programs and, if requested, provide a
certification to that effect.
XV. PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary,
privileged, or otherwise confidential information that may come into their possession as
a result of this MOU. The Airport Sponsor’s obligations under this paragraph are
expressly subject to all requirements of the Colorado Open Records Act.
XVI. FUNDING
No funds are obligated under this MOU. Each party shall bear the full cost it incurs in
performing, managing, and administering its responsibilities under this MOU.
With respect to the City of Fort Collins, to the extent this Agreement or any provision in
it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be
subject to annual appropriation by City Council as required in Article V, Section 8(b) of
the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado
Constitution. The City of Fort Collins shall have no obligation to continue this
Agreement in any fiscal year for which no supporting appropriation has been made.
With respect to the City of Loveland, to the extent this Agreement constitutes a multiple
fiscal year debt or financial obligation of the City of Loveland, it shall be subject to annual
appropriation pursuant to the City of Loveland Municipal Charter Section 11 -6 and Article
X, Section 20 of the Colorado Constitution. The City of Loveland shall have no obligation
to continue this Agreement in any fiscal year in which no such appropriatio n is made.
XVII. CONSTRUCTION
Parties agree to exercise good faith in achieving the goals of this MOU; this means that
the Government will adopt and perform the above delineated roles and responsibilities
and will provide MATCT services to the above designated Airport Sponsor at the
designated location. The Airport Sponsor also agrees to adopt and perform the above
delineated roles and responsibilities. Neither party is authorized or empowered to act on
Page 279
Item 18.
7
EXHIBIT A TO RESOLUTION 2023-116
behalf of the other with regard to any matter, and neither party shall be bound by the
acts or conduct of the other in connection with any activity under this MOU. This
provision shall survive termination of this MOU. The undersigned Agreement holder
affirms that this MOU is entered knowingly and voluntarily.
Page 280
Item 18.
8
EXHIBIT A TO RESOLUTION 2023-116
The FAA reserves the right to withdraw the MATCT services from the Airport Sponsor if
it does not comply with the terms of this agreement.
AGREED:
Airport Sponsor – City of Loveland Federal Aviation Administration
BY: __________________________ BY:
TITLE: TITLE:
DATE: DATE:
ATTEST: Federal Aviation Administration
_____________________________
City Clerk BY:
APPROVED AS TO FORM: TITLE:
_____________________________
Senior Assistant City Attorney DATE:
Airport Sponsor – City of Fort Collins
BY: __________________________
TITLE: ________________________
DATE: ________________
ATTEST:
_____________________________
City Clerk
_____________________________
Assistant City Attorney
Page 281
Item 18.
FAA Contract Tower
Operating Agreement
Northern Colorado Regional Airport
Air Traffic Control Agreement
Page 282
Item 18.
Air Traffic Safety Need
Air Traffic Control Services Established March 2020
Flight separation needed for over 100,000 Flight Operations
annually
Remote Tower Pilot Program funding ends December 31,
2023
Federal Contract Tower Program with FAA provides funding
for controllers to continue service starting January 1, 2024
Page 283
Item 18.
Path Established by
Tower Operation Agreement
Site Evaluation
for permanent
solution
Accepted to
Federal
Contract
Tower Program
Construct
Permanent Air
Traffic Control
Facility
Page 284
Item 18.
$600,000
Federally Funded Controlers
$170,000
Annual Maintenance Cost by Airport
60 months
Transition to permanent solution
Page 285
Item 18.
Recommended Action
Adopt the Resolution and enter the Federal Contract Tower
Program
Direct Northern Colorado Regional Airport Commission to move
forward with the Tower Siting Study.
Page 286
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
December 19, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
Anissa Hollingshead, City Clerk
Carrie Daggett, City Attorney
SUBJECT
Resolution 2023-117 Expressing Gratitude and Appreciation to Shirley Peel for her Service and
Contributions to the Community as City Councilmember.
EXECUTIVE SUMMARY
The purpose of this item is to recognize the work and contributions of Councilmember Shirley Peel during
her time on City Council.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
Shirley Peel was elected to the office of City Council on April 6, 2021, to serve as Councilmember
representing District 4. Since then, she has served as the Council Liaison to various boards and
commissions, as well as on various Council committees. This Resolution provides an overview of the
work Councilmember Peel has accomplished during her tenure.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 287
Item 19.
- 1 -
RESOLUTION 2023-117
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING GRATITUDE AND APPRECIATION TO SHIRLEY PEEL FOR HER
SERVICE AND CONTRIBUTIONS TO THE COMMUNITY AS CITY COUNCILMEMBER
WHEREAS, Shirley Peel was elected as a City Councilmember for District 4 on April 6,
2021, and has served on City Council since being sworn in after that election; and
WHEREAS, Councilmember Peel has served as the Council Liaison to the Building
Review Commission, Citizen Review Board, Economic Advisory Board, and the Land Use
Review Commission; and
WHEREAS, during her tenure Councilmember Peel served on the Ad Hoc City Manager
Selection Process Committee, Legislative Review Committee, Colorado Municipal League (CML)
Policy Committee, Regional Water Collaboration Steering Committee, and the Compensation
Policy Committee; and
WHEREAS, Councilmember Peel has also served on the board of the Urban Renewal
Authority and was appointed to serve on the National League of Cities Council on Youth,
Education, and Families; and
WHEREAS, Councilmember Peel has been a strong proponent of collaboration and
problem solving through many complex issues including mobile home park and affordable housing
advocacy, homelessness solutions, support and advocacy for small and local businesses, in
particular South College businesses; and
WHEREAS, Councilmember Peel worked to understand all sides of an issue and has been
available to her constituents through listening sessions and one on one meetings including
advocating for the Colorado State University student body; and
WHEREAS, Councilmember Peel has been publicly acknowledged and thanked by
ASCSU, students from the Strayer Center, and members of the public for her thoughtful and
thorough approach to policy discussions and decisions; and
WHEREAS, Councilmember Peel has shown her strong and continued commitment to our
community by serving from April 2021 until January 9, 2024, as City Councilmember for District
4.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council expresses for itself and on behalf of the City organization and the
community sincere appreciation and gratitude to Shirley Peel for her service and contributions to
the community as District 4 Councilmember, and in the many roles she has served in during her
time on the City Council.
Page 288
Item 19.
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 289
Item 19.