HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/20/2024Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, February 20, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
NOTICE:
Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month in
the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom
webinar in addition to the in person meeting in Council Chambers.
City Council members may participate in this meeting via electronic means pursuant to
their adopted policies and protocol.
How to view this Meeting:
Meetings are open to the public
and can be attended in person
by anyone.
Meetings are available through
the Zoom platform,
electronically or by phone.
Meetings are televised live
on Channels 14 & 881 on cable
television.
Meetings are livestreamed on
the City's website, fcgov.com/fctv
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. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Meeting agendas, minutes, an
Meeting agendas, minutes, and archived videos are available on the City's meeting portal at
https://fortcollins-co.municodemeetings.com/
There are in person and remote options for members of the public who
would like to participate in Council meetings:
Comment in real time:
During the public comment portion of the meeting and discussion items:
In person attendees can address the Council in the Chambers.
The public can join the Zoom webinar and comment from the remote
meeting, joining online or via phone.
All speakers are required to sign up to speak using the online sign up
system available at www.fcgov.com/agendas .
Staff is also available outside of Chambers prior to meetings to assist with
the sign up process for in person attendees.
Full instructions for online participation are available at fcgov.com/councilcomments.
Join the online meeting using the link in this agenda to log in on an internet-enabled
smartphone, laptop or computer with a speaker and microphone. Using earphones with a
microphone will greatly improve audio experience.
To be recognized to speak during public participation portions of the meeting, click the 'Raise
Hand' button.
Participate via phone using this call in number and meeting ID:
Call in number: 720 928 9299
Meeting ID: 982 4141 6497
During public participation opportunities in the meeting, press *9 to indicate a desire to speak.
Submit written comments:
Email comments about any item on the agenda
to cityleaders@fcgov.com
Written comments can be mailed or dropped off at the City Manager's Office
at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521
Documents to Share during public participation: Persons wishing to display presentation materials using
the City’s display equipment under the Public Participation portion of a meeting or during discussion of any
Council item must provide any such materials to the City Clerk in a form or format readily usable on the
City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the
materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the
item will be considered. See Council Rules of Conduct in Meetings for details.
City of Fort Collins Page 1 of 10 City Council Summary Agenda
City Council
Regular Meeting Agenda
February 20, 2024 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
Melanie Potyondy, 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 Heather Walls
City Attorney City Manager Interim City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring February 2024 as Black History Month.
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
1. Larimer County Behavioral Health Community Report.
The purpose of this item is to present the Larimer County Behavioral Health Community Report.
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.
Page 1
City of Fort Collins Page 2 of 10
•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/
•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.Items Relating to the Fort Collins Police Services Victim Services Unit.
A. Second Reading of Ordinance No. 010, 2024, Making a Supplemental Appropriation from the
Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the
Fort Collins Police Services Victim Services Unit.
B. Second Reading of Ordinance No. 011, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Under the Federal Victim of Crime Act in the General Fund
for the Fort Collins Police Services Victim Services Unit.
Page 2
City of Fort Collins Page 3 of 10
These Ordinances, unanimously adopted on First Reading on February 6, 2024, provide funding
for the Victim Services Unit of Fort Collins Police Services for victim advocacy services which are
required under the Colorado Victim Rights Amendment for victims and witnesses of crime and
their supporting family members.
The Victim Services Unit has been awarded a $70,000 Victim Assistance and Law Enforcement
(VALE) grant for the period from January 1, 2024 to December 31, 2024. The VALE grant is
awarded through the Eighth Judicial District Board to help fund services provided by the Victim
Services team. This grant will fund one part-time victim advocate, as well as 65% of the salary for
a contractual 40-hour per week victim advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for
the period from January 1, 2023 to December 31, 2024, by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA). This grant will help fund services provided
by the Victim Services Unit. These funds will be used to pay 35% of the salary for a contractual
victim advocate who provides crisis intervention services for sexual assault victims between the
school ages of kindergarten through 12th grade.
2. Second Reading of Ordinance No. 012, 2024, Making a Supplemental Appropriation from
the Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, supports Fort Collins
Police Services’ Forensic Services Unit work in the prevention and investigation of serious injuries
and deaths caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate
distribution by appropriating $40,000 of unanticipated grant revenue from the Colorado
Department of Public Safety, Division of Criminal Justice (DCJ).
3. Second Reading of Ordinance No. 013, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an
appropriation of $214,000 in philanthropic revenue received by City Give for the renovation of the
historic Carnegie Library as designated by the donor.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
4. Second Reading of Ordinance No. 014, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Youth Sports Programming and Services.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an
appropriation of $15,550 in philanthropic revenue received through City Give for Recreation to
benefit income-qualified youth sports programming and services.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Page 3
City of Fort Collins Page 4 of 10
5. Second Reading of Ordinance No. 016, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Mulberry Pool Replacement Feasibility Study.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates
$78,000 from Recreation Reserves to fund the Mulberry Replacement Feasibility Study. This
study is in partnership with Colorado State University Athletics (CSU), who will be funding 50% of
the study.
6. Second Reading of Ordinance No. 017, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Purchase of Ponies and Sheds at Lee Martinez Farm.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates
$72,000 from Recreation Reserves to purchase ponies and replace sheds at the Lee Martinez
Farm.
7. Second Reading of Ordinance No. 018, 2024, Appropriating Prior Year Reserves for
Compensation of the Mayor, Mayor Pro Tem and Councilmembers.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, is for a General
Fund supplemental appropriation to fund 2023-2024 Budget Offer 28.12 - City Council Voter
Approved Pay Increase for fiscal year 2024. This budget request was not funded in the 2023-
2024 Adopted Budget since the election results of the 2022 City-Initiated Charter Amendment No.
1 (Council Compensation) ballot initiative would not be known until after first reading of the City’s
annual appropriation ordinance for 2023. The initiative was approved by Fort Collins voters and
this action is to appropriate the increased spending in the General Fund to implement the ballot
initiative for the salary increases in 2024.
8. Second Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code
of the City of Fort Collins Regarding Municipal Court Referees.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, amends the City
Code to clarify that municipal court referees may hear cases involving camera radar and red light
photo citations. Defendants in this type of case would have a choice to have a hearing with a
referee in a more informal setting or a hearing in front of a municipal judge. The proposed Code
changes would also allow the Chief Judge in the future to authorize referees to hear cases
involving other zero-point infractions.
9. Items Relating to Amending City Code to Adjust for Inflation the Following Fees: Capital
Expansion Fees; Transportation Expansion Fee; Electric Capacity Fee; Water Plant
Investment Fee; Sewer Plant Investment Fee; and Stormwater Plant Investment Fee.
A. Second Reading of Ordinance No. 020, 2024, Amending Chapter 7.5 of the Code of the City
of Fort Collins to Increase for Inflation the Capital Expansion Fees and Transportation Expansion
Fee.
B. Second Reading of Ordinance No. 021, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 022, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
D. Second Reading of Ordinance No. 023, 2024, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fee.
Page 4
City of Fort Collins Page 5 of 10
E. Second Reading of Ordinance No. 024, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, make annual
inflation adjustments effective March 1, 2024, associated with the City’s Capital Expansion Fees,
Transportation Expansion Fee, Utility Plant Investment Fees, and Electric Capacity Fee.
10. Second Reading of Ordinance No. 025, 2024, Adopting the 2024 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, adopts the 2024
Larimer County Regional Transportation Capital Expansion Fee Schedule.
11. Second Reading of Ordinance No. 026, 2024, Authorizing the Purchasing Agent to Enter
into a Contract for Professional Services in Excess of Five Years for the Proposed Oak
Street Stormwater Improvements Project.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the City’s
purchasing agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than
five years in length, for professional services for the proposed Oak Street Stormwater
Improvements Project. The contract authorized under the proposed ordinance could be extended
up to the life of the project. Design for the project began in 2020, construction is anticipated to
begin in 2024 with a 2-year duration, and project close-out may take several months, making the
overall duration of the project seven (7) years or more. Under this scenario and without this
proposed ordinance, the design contract would expire while the project is under construction, a
situation that would result in logistical and cost ramifications for the City and the project.
12. Second Reading of Ordinance No. 027, 2024, Authorizing the Mayor to Execute an
Easement Agreement with Larimer County, the City of Loveland and South Fort Collins
Sanitation District Regarding an Existing Sewer Line on Long View Farm Open Space.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, seeks authorization
to approve conveyance of a sewer line easement to South Fort Collins Sanitation District (SFCSD)
across Long View Farm Open Space. This easement is intended to formally document an existing
sewer line that was installed in 1981 prior to the purchase of Long View Farm Open Space.
13. Second Reading of Ordinance No. 028, 2024, Approving and Authorizing the Execution of
an Amendment to a Reciprocal Stormwater Drainage Easement Agreement with Sun
Foothills Fort Collins, LLC, and Ratifying the Original Conveyance.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the
amendment of that certain Reciprocal Stormwater Drainage Easement Agreement (the “Original
Easement”) dated September 7, 2022, recorded at Reception No. 20220061510, Clerk and
Recorder’s Records, Larimer County, Colorado, by and between the City and Sun Foothills Fort
Collins, LLC (the “Owner”), which originally conveyed a stormwater drainage easement to the
Owner on City property in exchange for the City’s right to retain stormwater on the Owner’s
property. The Amendment to the Original Easement (the “Amended Easement”) will modify the
legal description and revise language pertaining to access rights. Approval of the Ordinance
would also ratify the Council’s prior action in 2022 approving the easement exchange, the
ordinance for which was missing its intended exhibits.
Page 5
City of Fort Collins Page 6 of 10
14. Second Reading of Ordinance No. 029, 2024, Approving the Conveyance of a Temporary
Construction Easement, Dedication of a Permanent, Nonexclusive Water Line Easement,
and Dedication of a Permanent, Nonexclusive Sewer Line Easement, all on City Property,
for the Benefit of the Sun Foothills Fort Collins Development.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, approves an
Ordinance that would authorize the conveyance of the following:
1. One (1) temporary construction easement (TCE) to Sun Foothills Fort Collins LLC (the “Owner”)
for the modification of existing grades and current stormwater drainage facilities;
2. One (1) permanent, nonexclusive water line easement to the Fort Collins-Loveland Water
District (the “Waterline Easement”); and
3. One (1) permanent, nonexclusive sewer line easement to the Fort Collins-Loveland Sanitation
District (the “Sewer Easement”).
The easements are located on 17 acres of City property located in the North West 1/4 of Section
13, Township 6 North, Range 69 West, Larimer County, Colorado, being currently held as a City
of Fort Collins Land Bank property (the “City Property”).
Construction pursuant to the TCE will modify existing stormwater facilities. The Waterline
Easement and the Sewer Easement are entitlements required by the City so that the Owner may
proceed with the development of the adjoining lands.
The easements will include the extension of stubbed water, sewer, and drainage improvements
directly onto the City Property resulting in a significant benefit to the City Property.
15. Items Relating to the 2024 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
A. Second Reading of Ordinance No. 030, 2024, Adopting the 2024 Amended Classified
Employees Pay Plan to Update Classified Positions as Provided in the Collective Bargaining
Agreement with the Fraternal Order of Police.
B. Second Reading of Ordinance No. 031, 2024, Appropriating Prior Year Reserves in the
General Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the
Collective Bargaining Agreement with the Fraternal Order of Police.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, recommend
changes to the 2024 City Classified Employee Pay Plan based on an annual market analysis
conducted as agreed upon through the 2022-2024 Collective Bargaining Agreement (Agreement)
with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). The Agreement was
approved by Council by Resolution on December 7, 2021. The Agreement specifies a salary data
collection method and evaluation process that includes market data as of early January each
year. This data has been collected and analyzed, resulting in the revised 2024 Amended City
Classified Employee Pay Plan.
16. First Reading of Ordinance No. 032, 2024, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
The purpose of this item is to request appropriation of $18,025.20 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
Page 6
City of Fort Collins Page 7 of 10
launched to create a transparent, non-partisan governance structure for the acceptance and
appropriations of charitable gifts.
17. First Reading of Ordinance No. 033, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for the Future Design and Construction of the Fossil Creek Trail
Spur.
The purpose of this item is to request an appropriation for partial funding for the future construction
of the Fossil Creek Trail spur. This revenue is contributed from the developer. This trail spur is
identified in the South College Corridor Subarea Plan as “City built and maintained.” The
easement for the future trail spur was secured during the development review process of the Fort
Collins Nissan-Kia project. Per the South College Avenue Access Control Plan, this trail is of
regional significance and the Developer agreed to contribute their proportional share of the public
access trail project in the amount of $35,000. The Developer was required to provide the funds
prior to issuance of the project’s first building permit. The design and construction date of the
future trail spur at this time is unknown.
18. First Reading of Ordinance No. 034, 2024, Authorizing Transfers of Appropriations for the
Xeriscape Incentive Program.
The purpose of this item is to support businesses, homeowner associations (“HOAs”) and other
commercial properties pursuing costly landscape projects that reduce water use long-term
through the Xeriscape Incentive Program by utilizing $75,104 in existing 2024 appropriations to
fund the City’s match requirement under this grant project.
19. First Reading of Ordinance No. 035, 2024, Authorizing the Release of Restrictive
Covenants on Property at 2850 Sykes Drive, Developed by Fort Collins Habitat for
Humanity.
The purpose of this item is to obtain authorization from Council to terminate the HOME Investment
Partnership Funding Development Contract with Fort Collins Habitat for Humanity (Habitat) and
release the Agreement of Restrictive Covenants Affecting Real Property on the single-family
home located at 2850 Sykes Drive. Termination of the contract and release of the Agreement of
Restrictive Covenants is required for Fort Collins Habitat for Humanity to move forward with the
sale of the home to the buyer.
20. First Reading of Ordinance No. 036, 2024, Approving the Vacation of a Portion of Two
Easements Originally Dedicated in that Certain Replat of Coachlight Plaza PUD.
The purpose of this item is to approve the vacation of a 1,077 square foot portion of two
easements (8’ Electrical Easement and an 8’ Telephone Easement) (the “Easements”) that are
no longer required by the City because they are currently located beneath a newly constructed
building envelope.
21. Resolution 2024-009 Approving Fort Fund Special Event Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant – January Deadline category, based upon the recommendations of the
Cultural Resources Board.
Page 7
City of Fort Collins Page 8 of 10
22. Resolution 2024-010 Authorizing the Initiation of Exclusion Proceedings of Annexed
Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing
an Intergovernmental Agreement with Said District.
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude the property annexed into the City in 2023 from the Poudre Valley Fire Protection
District (the “District”) in accordance with state law. The property affected by this Resolution is
the Thompson Thrift Spaulding Addition Annexation. Colorado Revised Statutes Section 32-1-
502 requires an order of exclusion from the District Court to remove the annexed property from
special district territories. The property has been receiving fire protection services from the
Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in
Larimer County District Court each year seeking exclusion for all properties annexed in the
previous year that should be removed from the District to avoid double taxation.
23. Resolution 2024-011 Authorizing the City Manager to Execute an Agreement Between the
City of Fort Collins and the City of Greeley Regarding Certain Aspects of the Halligan Water
Supply Project, Including Water Quality Analysis, Mitigation Measures, and Milton Seaman
Reservoir Release Gate Design.
The purpose of this item is to authorize a proposed agreement (“Proposed Agreement”) between
the City of Fort Collins (“Fort Collins”) and the City of Greeley (“Greeley”) (together, “Cities”)
regarding certain aspects of the Halligan Water Supply Project (“Halligan Project”). Greeley owns
Milton Seaman Reservoir on the North Fork of the Poudre River (“North Fork”), downstream of
the Halligan Project. Greeley is undergoing a time sensitive capital infrastructure replacement
project for the release gate on their reservoir. Fort Collins desires that the new release gate also
be able to bypass and account for Halligan Project releases. In addition, Greeley anticipates that
there may be water quality impacts caused by certain operational changes due to the Halligan
Project. The Cities are working collaboratively on these issues.
Under the Proposed Agreement, the Cities would collaboratively study and do design work. The
Cities would:
o retain AECOM as a consultant for Phase 1 (Analysis and Preliminary Design) t o perform a
jointly agreed upon scope of work (release gate design and water quality identification and
mitigation);
o agree to use the results of Phase 1 to develop a plan for Phase 2 (Implementation); and
o agree to a 50/50 cost share for Phase 1, $553,490 (Fort Collins’ obligation $276,745).
Fort Collins staff’s analyses indicate that the Proposed Agreement is beneficial to the City and
the Halligan Project. An anticipated subsequent agreement on Phase 2 would be brought to
Council.
24. Resolution 2024-012 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Uphold the Planning and Zoning Commission Approval of the Polestar Village
Project Development Plan PDP220010.
The purpose of this item is to make Findings of Fact and Conclusions regarding Council’s decision
at the February 6, 2024, appeal hearing upholding the Planning and Zoning Commission’s
decision to approve the Polestar Village Project Development Plan.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
Page 8
City of Fort Collins Page 9 of 10
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
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.
25. Second Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Park Planning and Development to Fund Pickleball Site
Feasibility and Community Engagement.
This Ordinance, adopted on First Reading on February 6, 2024, by a vote of 5-1 (Nays:
Councilmember Francis; Absent: Councilmember Pignataro) is to request an appropriation of
$40,000 in philanthropic revenue received by City Give for Park Planning & Development, for site
feasibility and community engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
26. First Reading of Ordinance No. 037, 2024, Authorizing the Conveyance to N College 1311,
LLC, of a Portion of the City Property Designated as the Future Hickory Detention Pond in
Exchange for Adjoining Property and Other Valuable Consideration.
The purpose of this item is to approve an Ordinance that would permit the conveyance of
approximately 1.31 acres (57,064 sf) of City property (the “Conveyed Parcel”) to N College 1311,
LLC, (“Owner”), as well as a possible temporary construction easement or license to enter, and
acceptance of Natural Habitat Buffer Zone on City property, in exchange for approximately 2.43
acres (105,723 sf) of Owner’s adjoining property (the “Received Parcel”) and other valuable
consideration.
Page 9
City of Fort Collins Page 10 of 10
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 a motion to adjourn to 6:00 p.m. on February 27, 2024, for the
purpose of considering adoption of Council Priorities:
“I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, February 27, 2024, in
order to consider adoption of Council priorities and such other business as may come before
Council.”
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.
Page 10
PROCLAMATION
WHEREAS, Black History Month evolved from “Negro History Week,” which was
created by Carter G. Woodson in 1926, during the second week of February based on the birthdays
of abolitionist Fredrick Douglas and President Abraham Lincoln. It expanded to include the entire
month beginning in 1970; and
WHEREAS, Fort Collins acknowledges the Nation’s and our community’s history of
injustices against the Black community and the continued anti-Blackness experienced by Black
community members; and
WHEREAS, Fort Collins recognizes the resilience of the original Black families that
settled in Fort Collins and worked to support other Black individuals navigating moving into this
white-majority city. Black residents are documented living in Fort Collins as early as 1880. By the
early 1900s, several Black families had established a community near the intersection of Maple
and Meldrum Streets; and
WHEREAS, Fort Collins recognizes the Black-led student organizations that have existed
since the 1960s through the present day at Colorado State University. These organizations paved
the way in fighting discrimination and racism in Fort Collins; and
WHEREAS, in acknowledging this month, we honor the courage, perseverance, and
resilience of Black Americans who have made powerful contributions. Black History Month serves
as an opportunity for Coloradoans to recognize the important contributions of Black individuals,
and especially Black youth; and
WHEREAS, we encourage all community members to take pride in the celebration of
Black History Month by learning about the rich culture and legacy of Black Americans that is an
indelible part of American history; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim February 2024, as
BLACK HISTORY MONTH
and encourage all residents to learn, observe, celebrate, and honor Black history and culture.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 20th day of February, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk Page 11
Item PP 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Laura Walker, Larimer County Human and Economic Health Director
SUBJECT
Larimer County Behavioral Health Community Report.
EXECUTIVE SUMMARY
The purpose of this item is to present the Larimer County Behavioral Health Community Report.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
None.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Community Master Plan for Behavioral Health
2. Executive Summary of Community Master Plan for Behavioral Health
3. Presentation
Page 12
Item 1.
Community Master Plan
for Behavioral Health
2024-2028
DECEMBER 2023
LARIMER COUNTY
Page 13
Item 1.
Larimer County Community Master Plan for Behavioral Health
3 Letter from Commissioner Jody Shadduck-McNally
4 About This Plan
4 Background
5 Plan Development
5 Larimer County’s Behavioral Health Landscape
8 Recommendations
9 Building on Progress From the 2018 CMP
9 Facility Evaluation
9 Interagency Collaboration and Alignment
10 Youth Services Feasibility Study
10 Care Coordination
11 Crisis Alternatives
11 Impact Fund Grants
11 CMP Implementation
12 Behavioral Health Services and Supports
12 Adult-Focused Programs
14 Youth-Focused Programs
15 Workforce Supports
15 Underserved Communities
17 Upstream and Prevention Efforts
17 Affordable Housing
18 Community Connection
19 Community Awareness and Education
20 Looking Ahead
21 Appendix
21 CMP Methods
22 Acknowledgements
23 Endnotes On the cover: The Acute Care Facility on the Longview™ Campus.
Page 14
Item 1.
A united effort in 2018 among community partners resulted in the creation of the
Larimer County Community Master Plan for Behavioral Health, a comprehensive
blueprint to address the escalating behavioral health challenges in our region.
Through collaboration with cities, towns, care
providers, nonprofits, and engaged community
members, we carefully examined the needs within
our community. This study identified existing
services, identified service gaps, and outlined the
necessary steps to bridge those gaps.
The Community Master Plan shaped the direction
for the successful 2018 ballot initiative and laid the
foundation for Larimer County Behavioral Health
Services and its initiatives, the Impact Fund Grant
Program, and the construction and operation of an
acute care facility.
I am pleased to share the progress and evolution
of our commitment to behavioral health in Larimer
County.
Over the past five years, the Impact Fund Grant
Program has reinvested nearly $12 million into
various community behavioral health services
such as crisis services, coordinated care, youth
programs, prevention, and early intervention.
Acute Care Facility on the Larimer County
Behavioral Health Services at Longview™ Campus,
in collaboration with SummitStone Health
Partners, is now operational, making acute crisis
services more accessible to our community.
Recognizing the need for ongoing assessment, we
have embarked on Community Master Plan 2.0, a
continuation of our commitment to understanding
the evolving behavioral health landscape. This
updated plan aims to reassess the challenges,
identify improvements, and address critical gaps in
services, ensuring our efforts remain aligned with
the dynamic needs of our community.
I want to extend my heartfelt gratitude to the
executive sponsors of Community Master Plan
2.0, including the Health District of Northern
Larimer County, SummitStone Health Partners,
Larimer County Behavioral Health Services, and
the guidance team members. Special thanks are
also due to the Colorado Health Institute for their
invaluable contributions through research, data
analysis, and report preparation.
As we usher in this new phase of our behavioral
health initiative, I am filled with hope for the
positive impact it will have on the health and
well-being of our community. Together, we are
building a stronger, more resilient Larimer County
that prioritizes the holistic mental health of every
individual.
Thank you for your continued support and
commitment to the collective well-being of our
community.
Jody Shadduck-McNally,
Commissioner
Larimer County Board of
County Commissioners
Page 15
Item 1.
4
Background
Larimer County residents voted in 2018 to
create a dedicated funding stream that invests
in behavioral health services and supports for
20 years. A 0.25% countywide sales tax supports
these investments by expanding and bolstering
mental health and substance use prevention,
treatment, and recovery services across the
county. The ballot measure resulted in expanded
and enriched local behavioral health services with
the development of a regional behavioral health
facility to coordinate those integrated services.
The Larimer County Behavioral Health Services
(BHS) department has reinvested funds into the
community through three pathways: the Acute
Care Facility on the Longview™ Campus, the
Impact Grant Fund Program, and the Bridge Fund.
2018 Ballot Language.1
Ballot Issue 1A
Shall Larimer County taxes be
increased $19,000,000 dollars
annually (estimated first fiscal
year dollar increase in 2019) and
by whatever additional amount as
may be raised annually thereafter,
for a period of 20 years by the
imposition of a .25% (25 cents
on 100 dollars) sales and use tax
with all revenue from such tax to
be used in accordance with the
Board of County Commissioners
Resolution No. 07242018R013 for
the following mental/behavioral
health care purposes:
Provide preventative, early
identification, intervention,
support, and treatment services
for youth, adults, families and
senior citizens, either directly or
indirectly, who are residents of
Larimer County including Berthoud,
Estes Park, Fort Collins, Johnstown,
Loveland, Timnath, Wellington,
Windsor and rural communities of
Larimer County through in-person
and other delivery methods,
which may include tele-services,
community based services and
other service options; and
Acquire, construct, improve,
maintain, lease, remodel, staff,
equip, and operate new and/or
existing mental/behavioral health
facilities;
And shall the county be authorized
to collect, retain and spend all
proceeds of such tax without
limitation by Article X, Section 20
of the Colorado constitution, and
further provided that an annual
report shall be published and
provided to the Board of County
Commissioners on the designation
or use of the revenues from the tax
increase in the preceding calendar
year consistent with its approved
purposes?
ABOUT THIS PLAN
Page 16
Item 1.
5
Plan Development
The Community Master Plan (CMP) for Larimer
County, commissioned by BHS and supported
by SummitStone Health Partners and the Health
District of Northern Larimer County, is a five-year
strategic plan that addresses the community’s
behavioral health needs and seeks to improve the
quality of life for county residents. This CMP is the
second iteration, building off the 2018 report that
identified early priorities for behavioral health in
the county and achieved several successes that are
described later in this plan.
BHS partnered with the Colorado Health Institute
(CHI) to develop this CMP, which involved four
phases of work from June to December 2023. CHI
identified resource gaps, collected secondary data,
facilitated small-group discussions and interviews
with key stakeholders, and fielded a survey to help
inform the CMP. A group of Executive Sponsors
and a Guidance Team of behavioral health experts
and community leaders offered advice and
feedback on the report’s development, findings,
and prioritization of recommendations. See the
Appendix for a full list of CHI’s methods and a list
of Guidance Team members and Executive Sponsor
representatives.
CHI and BHS coordinated with other organizations
in the county that were conducting behavioral
health assessments to incorporate additional,
relevant information on specific populations or
challenges.
• The State of Behavioral Health for Youth and
Children (0-24) in Larimer County
• Northern Colorado Region 2 Substance
Use Landscape Assessment. Report will
be released in Spring 2024.
• Larimer County Health Department’s
Community Health Improvement Plan
Larimer County’s Behavioral
Health Landscape
Larimer County residents have needs
across the behavioral health care spectrum.
Thousands of people need treatment and/
or recovery services for mental health or
substance use-related issues. These issues
can be acute or chronic, and they can
impact people of all ages, backgrounds,
and lived experiences. Some residents
require ongoing outpatient services with
a culturally competent provider, while
others need emergency services or a place
for detoxification while suffering from an
acute event. Prevention programs and social
supports can reduce demand for treatment
and recovery services, preventing acute
and chronic behavioral health issues from
escalating or reducing their negative impacts.
See the 2018 CMP for helpful background on
behavioral health services and needs.
About 59,000
Larimer County residents
reported poor mental health
in the past year.2
17%
of Larimer County and
Weld County residents
are concerned about the
amount of drugs or alcohol
they consume. 11% said the
amount they consumed in the
past year has increased.3
Report terminology
The term Larimer County is often used to reference both the
county government and the geographic community. In this report,
CHI uses Larimer County to describe the community. The report
specifically names the county government or certain entities when
referencing actions or processes that involve local government.
Page 17
Item 1.
6
Access to affordable, high-quality, and culturally competent
behavioral health care is a key ingredient in ensuring people
in Larimer County can live their best lives. However, not all
communities and populations in the county have equitable
access to the services they need. Data collated by CHI point to
successes but also to persistent needs and gaps.
Challenges to meeting people’s behavioral health needs are
rooted in both community and systemic issues. Community-
based challenges are those that are specific to Larimer
County and/or could be addressed by local solutions.
Systemic challenges, such as housing affordability, are rooted
in broader statewide or national issues that would require
legislation and a shift in social norms to be addressed.
CHI identified 28 findings during its quantitative and
qualitative research that described Larimer County’s
behavioral health landscape. Findings touched on subjects
such as funding, access barriers, the behavioral health
workforce, social needs, and state-level policies. They formed
the basis for the recommendations detailed in this 2023 CMP.
The full list of findings can be found in the Larimer County
Behavioral Health Landscape and Opportunities Report. SUCCESSES SINCE 2018
ABOUT BHS
Vision: Larimer County values and promotes
behavioral health with a comprehensive and
sustainable continuum of care.
Mission: Responsibly investing in community-driven
work to increase access to behavioral health services
and improve outcomes for all Larimer County
community members.
GOALS
• Enhance community-based services to shift
from an acute-care model to a recovery-based
model of care
• Improve access to behavioral health services
in both rural and urban areas
• Promote emotional health and well-being
• Reduce substance misuse
• Reduce attempted and completed suicides
• Reduce recidivism for individuals with
unmet behavioral health issues
Survey participants could
select more than one barrier
47,000
Larimer County residents
did not get needed behavioral
health care in the past year.2
Only 43%
of people who died
by suicide between 2018-2020
in Larimer County had been
treated for a mental health
problem.4
Barriers to Behavioral
Health Care
Larimer County residents
did not get needed
behavioral health care in
the past year because: 2
COST
9% (28,000 people)
UNABLE TO GET AN
APPOINTMENT WHEN NEEDED
6% (20,000 people)
STIGMA
5% (16,000 people)
DIDN’T THINK INSURANCE
WOULD COVER IT
3% (10,000 people)
Page 18
Item 1.
7
BHS, community-based organizations, and local health care entities have made important strides in
recognizing and addressing the community’s complex and evolving behavioral health needs. The work to
improve residents’ quality of life and to treat acute and chronic behavioral health needs has no finish line,
but county leaders have taken notable steps since the last CMP was published in 2018. Successes include:
Figure 1. Impact Fund Grant Program Awards,
2019-20225
2019 2020 2021 2022 2023
Building the Acute Care Facility on
the Longview™ Campus, which opened
in December 2023.
Developing the Impact Fund, which
distributes approximately $2.5 million
annually to programs serving county
residents (see Figure 1).
Expanding and developing the Colorado
Opioid Synergy — Larimer and Weld
(CO-SLAW) partnership and co-responder
programs that divert people experiencing
acute mental health or substance use
events from costly jail or emergency
room visits.
Increasing support for the county’s
unhoused population with more
rapid rehousing and transitional
housing options.
Gradually improving the public’s
perception of and support for
county investments in behavioral
health services.
$1M
(29 grants)
The lobby at the Acute Care Facility on the Longview™ Campus.
$1M
$3M
$2M
$2.5M
(43 grants)
$2.5M
(38 grants)
$2.8M
(42 grants)
$2.8M
(35 grants)
Page 19
Item 1.
8
RECOMMENDATIONS
In collaboration with local partners,
CHI identified 14 recommendations for the
2024-2028 CMP for Larimer County. They
build on progress from the 2018 plan and
aim to address ongoing community and
systemic challenges that affect service
providers, community-based organizations,
and county residents alike.
An important note.
Some systemic challenges, such as those
related to housing and social isolation,
are reflected in the recommendations
because stakeholders and behavioral
health leaders highlighted the persistent
influence of systemic issues in their
community and said that they wanted to
see these issues included in the CMP.
BHS and other government departments
are not able to fully address or “fix” these
issues in Larimer County within the next
five years. Doing so will require extensive
partnerships among many different
sectors, as well as a longer time horizon.
However, CHI included these systemic
issues to call attention to opportunities
for greater collaboration and shared
leadership to affect behavioral health
outcomes in important ways.
Page 20
Item 1.
9
1. Facility Evaluation
Challenge. The Acute Care Facility on the
LongviewTM Campus opened in December
2023 with the goal of filling service gaps in
acute behavioral health care. (See Figure 2 for
a list of services in high demand in Larimer
County.) Evaluation metrics that assess
quality improvement, financial stability, and
community health outcomes have been
established and will be monitored through
the Longview Financial Advisory Committee
and the Longview Quality Council.
Recommendation. Evaluate the metrics and
goals to measure successes and challenges
of the new Acute Care Facility at LongviewTM.
These evaluation metrics will ensure the
county’s investment is being effectively
leveraged to address service gaps for the
county’s diverse populations and needs.
Next steps. Coordinate with the facility’s
Quality and Fiscal Committees to align
evaluation processes. Review the established
metrics that assess service utilization
and availability, cultural competency,
sustainability, and effectiveness of diverting
acute care needs from jails and emergency
departments. Determine how often metrics
will be collected and assessed, and which
organizations are responsible for conducting
each component of the evaluation. Establish
a mechanism for sharing outcomes and
evaluation results with the public.
Building on Progress From the 2018 CMP
The 2018 CMP created a solid foundation for Larimer County’s future behavioral health
efforts. A focus on evaluation, collaboration, and coordination among government, health
care, and community organizations is needed to continue building on the progress stemming
from the 2018 plan. County investments in services, facilities, and programs will need to
be informed by data and supported by multiple entities to meet the community’s evolving
behavioral health needs. These recommendations address evaluation and assessment
opportunities, a need for greater collaboration, different approaches to grant funding, and
ways to scale promising crisis alternative programs, among others.
2. Interagency Collaboration and Alignment
Challenge. Local government agencies and
health care organizations often conduct
assessment and data collection efforts in silos. A
lack of coordination among these entities risks
duplication of efforts, burdening residents with
community engagement activities, and diffusion
of responsibility and limited funding to improve
health outcomes.
This challenge is not unique to Larimer County.
Several counties in the Denver metro area have
discussed aligning their timelines and other
aspects of community engagement to reduce
silos and duplication in community health needs
assessments. Similar conversations have taken
place among leaders in Larimer and Weld counties
as recently as July 2023 and may offer a strong
foundation for new regional partnerships in
Northern Colorado.
Recommendation. Reduce silos and duplication
by collaborating in new ways among county
agencies and health organizations, including
behavioral health entities. The goal is to improve
information sharing through better-aligned data
collection and assessment efforts.
Next steps. Identify a lead agency to establish
and coordinate annual meetings focused on
alignment. Require attendance from local
government agencies and create opportunities for
health care entities and community organizations
to share and coordinate data collection and
community engagement plans.
Page 21
Item 1.
10
3. Youth Services Feasibility Study
Challenge. Larimer County has limited acute mental
health and substance use services for youth, which
means those with high needs sometimes must travel
to the Denver metro area or other locations along the
Front Range for services. The new Acute Care Facility
on the LongviewTM Campus has limited options for
youth-specific services and the costs to build, operate,
and staff a youth-inpatient facility or to create youth-
specific services at the LongviewTM Campus are largely
unknown.
Recommendation. Develop a plan for assessing the
financial feasibility, licensing requirements, workforce
capacity, and community demand for acute and chronic
youth behavioral health services on the LongviewTM
Campus or in other settings around the county.
Next steps. Coordinate with local behavioral health
leaders and LongviewTM Campus staff to identify what
metrics and key supporting partners should be included
in the feasibility assessment.
4. Care Coordination
Challenge. Fragmented referral processes
among health care and community-based
organizations reduce opportunities for
people to be connected to needed services.
Stakeholders say the community’s most
frequented behavioral and general health
providers are not using centralized coordinated
care and referral hubs, and some organizations
do not have enough money or staff to
participate in a centralized referral network.
Community members also experience care
coordination challenges when they are not
connected to wraparound services or have
difficulty finding providers and programs within
their insurance network that offer culturally
competent behavioral health care.
Recommendation. Health care entities and
community-based organizations use a new
or existing centralized referral hub. This hub
would strengthen care coordination and
network partnerships that connect people with
information and services to address both their
behavioral health and social needs.
Next steps. Collaborate with health systems,
behavioral health providers, and community-
based organizations to assess their interest
in and barriers to participating in a local
centralized referral network.
Even finding a place for kids under age 12 who
need inpatient hospitalization is hard. We have
nothing for 60 miles radius because the closest
would be in Denver and that’s if they have any beds
available. For our kids who are struggling with
significant mental health issues and safety when
they’re under age 12, we have really no viable
options for those families within our county.”
Health District Youth Behavioral Health Assessment
key informant interviewee
Figure 2. Services in High Demand in Larimer County. Most frequently diagnosed conditions
at SummitStone Health Partners, July 2022–August 2023*6
Major depressive disorder †
Schizoaffective disorder
Generalized anxiety disorder
Opioid dependence
Bipolar disorder
Schizophrenia
Major depressive disorder ‡
Anxiety disorder
Other stimulant dependence
Major depressive disorder §
Post-traumatic stress disorder
Reaction to serve stress
Illness (unspecified)
Alcohol dependence
2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000
*Data are totaled by diagnosis code, not by individual person †Major depressive disorder, recurrent severe without psychotic features
‡Major depressive disorder, single episode, unspecified §Major depressive disorder, recurrent, unspecified
Page 22
Item 1.
11
5. Crisis Alternatives
Challenge. Jails and hospitals are still being
used as default locations to hold people with
acute mental health and substance use needs.
The Colorado Opioid Synergy - Larimer and
Weld counties (CO-SLAW), co-responder, and
Frequent Users Systems Engagement (FUSE)
programs have reduced jail and emergency
department visits; however, the programs don’t
have the capacity to help everyone at risk of
these outcomes. The co-responder program in
particular has reduced or avoided jail time for
some people who interact with law enforcement
while experiencing a mental health crisis, but
the program needs more teams of officers and
clinicians to reach people in need around the
county and at all times of day (see Figure 3).
Recommendations. Expand proven programs,
such as CO-SLAW and the co-responder model,
that divert people experiencing acute mental
health and substance use events from jails and
emergency departments. Monitor how effective
the new Acute Care Facility is at diverting people
away from these settings. By providing a setting
for more appropriate services, local leaders
expect to see a positive impact. Determine when
and how care coordination teams and program
outcomes should be evaluated to identify
network performance successes and challenges.
Next steps. Identify sustainable funding sources
to financially support program expansion and
viability in the county.
2019 2020 2021 2022
Figure 3. Co-responder unit contacts/referrals
by year, 2019-20227
200
400
600
800
1,000
1,200
1,400
1,600
860 917
1,537 1,607
6. Impact Fund Grants
Challenge. The Impact Fund Grant Program
has evolved since its inception in 2019,
but the one-year grant period limits
the sustainability of funded programs.
Additionally, yearly application and reporting
requirements place an extra burden on
already stretched staff teams. One-year
funding cycles can supplement current
programs, but they reduce opportunities
to create new programs and hire additional
staff.
Recommendation. Modify and annually
evaluate the Impact Fund’s application
criteria and award process. Consider
multiyear grant options to foster more
equitable and impactful changes and support
sustainability in grantees’ programming.
Next steps. Present options for multiyear
grant funding to the BHS advisory groups
for the Impact Fund Grant Program. Create
evaluation metrics that assess equity,
administrative burden, and impact for
underserved communities.
7. CMP Implementation
Challenge. The 2024-2028 CMP
recommendations will require coordination
and action from key partners across county
government, health care entities, and
community-based organizations. Yet there
are no formal plans to evaluate if and how
these recommendations are being pursued
and implemented.
Recommendation. Create an annual meeting
for the Executive Sponsors and Guidance
Team to assess progress on the CMP’s
recommendations and to identify needs and
roles for the year ahead.
Next steps. Identify a lead agency to
coordinate the meeting. Create evaluation
tools to assess progress on the CMP’s
priorities. Discuss any new or evolving
behavioral health issues to ensure county
residents’ needs are being met.
Page 23
Item 1.
12
8. Adult-Focused Programs
Behavioral Health Services and Supports
Larimer County does not have enough quality prevention, treatment, and recovery services for
people across the age spectrum or with diverse backgrounds and lived experiences. This situation
is rooted in both local and systemic challenges. This section primarily focuses on local issues
that county government, health care, and community-based organizations can address through
collaboration, financial investment, and other programmatic supports. Recommendations would
benefit youth, adults, members of underserved communities, and the behavioral health workforce.
Challenge. The behavioral health continuum does
not fully accommodate the needs of people across
the age spectrum. This includes adult Larimer
County residents who can sometimes be passed
over in favor of focusing additional attention and
resources on the needs of younger residents.
Adults, particularly those ages 25-34, have
struggled with high rates of drug overdoses during
the past three years (see Figure 5). The pandemic
likely exacerbated mental health struggles in
the community. Reports of poor mental health
spiked from 13% in 2019 to 29% in 2021 as people
experienced social isolation, financial instability,
and illness from the virus (see Figure 4).8 Self-
reported mental health diagnoses among adults
followed a similar trend, jumping from 30% in
2019 to 37% in 2022.26
Death by suicide is a persistent challenge in the
county. Adults ages 45 and up have seen an uptick
in suicide rates over the past three years, pointing
to a need for better behavioral health prevention,
screening, and treatment options, especially for
those 75 and older (see Figure 6).
Recommendation. While not losing sight of ways
to better serve youth, expand funding for adult
mental health and substance use prevention and
treatment programs, especially for the distinct
life stages and challenges that evolve throughout
adulthood. Young adults (ages 25-34) especially
need additional drug prevention and treatment
services to counter the recent uptick in overdose
deaths. Suicide rates have remained high for
all adult age groups in the county, but recent
increases in suicide deaths by older adults suggest
additional programs and services are needed
to better understand and prevent devastating
behavioral health outcomes for this population.
Next steps. Identify adult-specific behavioral
health services currently offered in the county
and assess where there are gaps along the
age spectrum. Find ways to leverage funding,
partnerships, or lessons from successful programs
in other counties to effectively serve different
adult age groups.
Figure 4. Percentage of Larimer County residents who reported poor mental health in past 12 months,
2015-2021 8
10%13%13%
29%
10%
20%
30%
2015 2017 2019 2021
Page 24
Item 1.
13
Adolescent Alcohol Use
Alcohol use and abuse can start during
a person’s adolescent years, increasing
their risk for alcohol-related issues into
adulthood.15 Over one in four (27%)
Larimer County high school students have
had at least one drink in the past month.16
39%
Percentage of high school students
who do not think it’s wrong for someone
the same age to drink alcohol regularly16
15%
Percentage of high school students
who engaged in binge drinking in
the past month16
18-24 25-34 35-44 45-54 55-64 65+
*Heavy drinker definition: Respondents who identify as men
who report drinking more than 14 alcoholic beverages in a week
and respondents who identify as women who report drinking more
than 7 alcoholic beverages in a week.
Heavy Drinking* by Age14
Larimer County’s Alcohol Landscape
Percentage of adults who are
heavy drinkers11
Percentage of adults who reported
binge drinking in the past month
(males 5+/females 4+ drinks on one occasion)11
Percentage of fatal car crashes that
involved alcohol12
Percentage of people who drank during
pregnany13
10%5%9%6%10%7%
8%
21%
33%
16%
Alcohol Use in Larimer County
Alcohol use and misuse is a consistent and overlooked problem in Larimer County. About one in five adults (ages
18 and older) reported binge drinking in the past month, and one-third of all fatal car crashes in the county
involve alcohol. Additionally, alcohol dependence was the most diagnosed condition at SummitStone Health
Partners in 2022.
Figure 5. Larimer County drug overdose deaths per 100,000, by age group, 2020-2022 9
Figure 6. Larimer County suicide rate per 100,000 by age group, 2020-20222
20
40
60
12.5
Dr
u
g
o
v
e
r
d
o
s
e
d
e
a
t
h
s
15-24 25-34 35-44 45-54 55-64
n 2020 n 2021 n 2022
20
40
60
Su
i
c
i
d
e
R
a
t
e
10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75+
10.7 19.5
35.8
47.9
37.0 29.6
42.2
21.1 26.7 34.9 29.7
12.8
32.3 28.2
14
.
9
5
12
.
7
8
21
.
0
29
.
6
3
44
.
2
18
.
4
41
.
6
3
28
.
7
7
38
.
0
6
21
.
1
1
21
.
1
3
20
.
0
26
.
1
9
25
.
5
17
.
0
5
25
.
8
21
.
6
5
18
.
6
8
20
.
4
7
24
.
9
8
17
.
5
8
33
.
5
9
43
.
1
1
n 2020 n 2021 n 2022
Page 25
Item 1.
14
The way I got help is I had a teacher I was really close with, and I told him about my situation,
and he helped me meet with the counselor at [school], and they set me up with a therapist and
I didn’t have to pay — it was through the school — and I also got to keep it a secret from my
parents for a while until I was ready to tell them, so that helped a lot.”
Health District Youth Behavioral Health Assessment focus group youth participant
Mental Health Among Larimer County High School Students16
Suicide and Self-Harm Among Larimer County High School Students16
Percentage who seriously
considered suicide in the past year
Percentage who
attempted suicide
Percentage who purposely hurt
themselves without wanting to die
Felt so sad or hopeless for
two weeks or more during
the past 12 months that
they stopped doing some
usual activities
Stress level is
not manageable
most days
Drug and Alcohol Use Among Larimer County High School Students16
Were sold, offered, or given
illegal drugs on school property
Used prescription pain medicine
without a prescription
Used substances to cope with
negative/difficult feelings
Had at least one drink of alcohol
in the past 30 days
9. Youth-Focused Programs
Challenge. Youth have limited access to culturally
and socially competent mental health and
substance use services across the county. Many
services are concentrated in high-population
areas, like Fort Collins, and not much is available
to youth in convenient and trusted settings,
like their schools or homes. These services
are imperative to combat youth suicide and
substance use and to effectively treat a range of
behavioral health issues.
In particular, limited capacity exists for early
childhood (ages 0-5) mental health services.
The ongoing child care crisis exacerbates this
issue, as many connections to resources for
early childhood mental health care, as well as for
parental support, are typically accessed through
early childhood care and education services.
Recommendation. Consider ways to include
youth voices and better serve young people
while also offering appropriate behavioral
health supports for adults in the county (see
Recommendation 8). While acknowledging
that children are not just small adults, increase
investments in and tailor school- and home-
based programs, peer programs, and initiatives
that offer substance use and mental health
prevention and treatment services. County
residents reported a need for more therapy and
outpatient services for infants and young children
(ages 0-5), as well as for more inpatient services,
community-based services, and culturally
competent and LGBTQ+ services for older
children and youth.
Next steps. Identify gaps in suicide and substance
use prevention and treatment among local youth
programs. Create or invest in existing programs
that support youth mental health across the age
spectrum in accessible settings.
20%
24%
10%
14%
13%
27%
7%
42%
46%
Page 26
Item 1.
15
10. Workforce Supports
Challenge. Limited workforce capacity,
appointment availability, and cultural
competency are top concerns among local
leaders. The high cost of master’s degrees
and the inability of wages to keep pace
with the county’s self-sufficiency standard
are key barriers that reduce the number of
behavioral health workers (see Figure 7).
Those from diverse backgrounds and those
with nontraditional education backgrounds
or lived experiences often struggle with
these barriers the most. Demand for
providers who bring similar lived experiences
or common backgrounds as their patients is
high, but gaps in diversity of age, language,
and race/ethnicity persist among providers.
Recommendation. Create new opportunities
or invest in existing efforts to expand
the behavioral health workforce pipeline
and offer meaningful compensation that
supports providers’ cost-of-living expenses.
Next steps. Identify programs and
opportunities to recruit and retain clinical
and administrative staff, such as investing
in local loan forgiveness programs and
creating apprenticeship opportunities within
local clinical settings. Opportunities to
reduce cost-of-living barriers include loan
forgiveness and grant programs to increase
compensation for providers and other staff.
11. Underserved Communities
Challenge. Larimer County has few programs across the
behavioral health continuum that are affirming of and
provided by members of marginalized communities.
Residents from rural areas, communities of color,
low-income brackets, the LGBTQ+ community, and the
unhoused population face more barriers to accessing
and utilizing needed services compared with the
general population. These populations encounter
added barriers related to language, transportation,
having a safe place to receive care, experiencing unfair
treatment, and finding providers and facilities that
reflect their cultural or social preferences.
Recommendation. Invest in community-based
organizations and initiatives that serve populations
with unique behavioral health needs, including rural
communities, LGBTQ+ individuals, unhoused people,
individuals earning low incomes, and historically
marginalized racial and ethnic groups.
Next steps. Coordinate with community leaders and
organizations that are from or work with underserved
populations to identify the types of support they need
to create new programs or grow existing ones.
Figure 7. Annual income needed by family
type to be self-sufficient in Larimer County27
Adult
$35,100
Adult and two young children $73,300
Two adults $52,500
Two adults and
two young children
$97,500
Depression* Among High School-Age Youth 16
By Sexual Orientation
Straight
Gay/lesbian
Bisexual
By Gender
Female
Male
Nonbinary
Transgender
31%
19%
33%
64%
70%
50%
29%
80%
77%
Poor Mental Health by Income 2
People earning an income
less than 200% Federal Poverty Level
People earning an income
more than 200% Federal Poverty Level
* Felt so sad or hopeless for two weeks or more during the past 12 months that they stopped doing some usual activities
Page 27
Item 1.
16
Larimer County Community Demographics
Linguistically
isolated households17
Adults who identify as
gay, lesbian, or bisexual18
People of color
age 18+19
Youth of color
(under 18)19
People who are
Hispanic/Latino (all ages)19
Rural
population19
12%
8%
17%
30%
13%
12%
Page 28
Item 1.
17
Upstream and Prevention Efforts
Behavioral health service gaps and disparities are also grounded in systemic challenges. This section
focuses on a few of the systemic issues most commonly cited by stakeholders: housing affordability,
community engagement and connection, and awareness of behavioral health issues. Combating
housing shortages, social isolation, and stigma are tall tasks that require long-time horizons, extensive
partnerships, and shifts in social norms. While these challenges are key drivers of poor behavioral
health, they have much broader impacts. That said, they are important to include as part of Larimer
County’s priorities for improving the health and well-being of residents in the years to come.
12. Affordable Housing
Challenge. Housing is a foundational pillar of
health. People experiencing housing instability
have an increased risk of poor physical and
mental health outcomes.10 The need for more
affordable, stable housing in Larimer County
was one of biggest concerns among behavioral
health providers and community members alike.
They cited housing costs as a recruitment barrier
for providers. Clinics and community-based
organizations said they are struggling to fill jobs
because the cost of living in the county, especially
related to housing, is so high.
One in three residents (33%) are paying at least
one-third of their income toward housing, with
rates closer to 50% in central and west Fort
Collins.21 The high cost of housing is not limited to
urban areas; rural communities like Estes Park also
have a high percentage of residents burdened by
housing costs. Residents on the list for affordable
housing often wait years for a unit to open, leaving
them with housing stability challenges and limited
options to live in their chosen communities.
Figure 8. Connection Between Housing
and Health (Housing-First Approach*).
*Note: A housing-first approach acknowledges the
importance of safe and stable housing to achieve other
things that make and keep people healthy, from physical
activity and mental health to addiction recovery and
employment.24
Employment Mental Health
Community
Engagement
Family
Reunification
Meaningful Daily Activity
Addiction
Recovery
Physical
Health and Wellness HousingFirst
Page 29
Item 1.
18
Recommendation. Invest in programs, such as
affordable homeownership and down payment
assistance, that offer equitable opportunities
for community members to purchase affordable
homes and remain in them over time.
Additionally, work with existing affordable
housing programs and organizations to ensure
behavioral health supports are available in the
places people live.
Next steps. Identify local opportunities to
improve housing affordability in Larimer County.
For example, the cities of Boulder, Longmont, and
Denver have implemented their own affordable
housing programs to address their communities’
growing housing affordability crisis.
33%
6%
76%
25%
63%
13. Community Connection
Challenge. Community connection is a key
component of good mental health, yet not
everyone has equal opportunities to form and
maintain positive relationships. Some community
members lack awareness of available programs
and activities, while others cannot afford to
participate.
Community engagement also needs to be more
inclusive. While the county’s “bikes and brewpubs”
culture is a draw for some residents, it doesn’t
work well for everyone, and some feel the
community lacks enough events with nonalcoholic
options or that are not centered around physical
activity. In the future, Larimer County residents
seek to have more affordable and accessible
opportunities to participate in events that create
community connection and reduce loneliness.
Recommendation. Reduce isolation that leads
to behavioral health challenges by introducing
and expanding equitable opportunities for
strengthening community connections and
building social networks. Emphasize adding
additional opportunities that are not focused on
physical activity or alcohol consumption.
Next steps. Take stock of existing community
activities and events and evaluate how the cost,
location, and type of activities can be made more
equitable for attendees and potential participants.
Older adults (60+) who
reported feeling lonely
or isolated22
Social Isolation
Adults from lower-earning households
(less than $75,000 annually for a family
of four25) without someone to:26
Confide in: 21%
Have a good time with: 22%
Larimer County
Housing Data
Percentage of people who
are housing-cost burdened21
Percentage with unstable
housing2
Percentage of older adults (60+)
who reported housing affordability
in their community as fair/poor22
Percentage of the Larimer and Weld
population who are concerned
they might lose their home
because they cannot afford rent or
mortgage payments 23
Percentage of Larimer and Weld
renters who aspire to own a home,
but feel unlikely to 23
10%
Page 30
Item 1.
19
14. Community Awareness and Education
Challenge. Stigma associated with mental
health and substance use services is prevalent
in the community. Additionally, community
members and others, including government
staff and representatives from community-
based organizations, don’t fully understand the
relationship between social factors and behavioral
health outcomes. These perceptions can silo
funding streams and reduce opportunities to
implement solutions along the behavioral health
continuum.
Recommendation. Evolve public awareness
campaigns to further reduce stigma and
demonstrate the connection between behavioral
health outcomes and the social determinants
of health with messaging tailored for Larimer
County’s diverse and underserved populations.
Build enthusiasm for the importance of upstream
prevention efforts, which may not easily attract
support because their impacts are less tangible
than those of treatment programs and other
downstream services.
Next steps. Coordinate with community leaders,
especially those who represent or serve as liaisons
with underserved populations, to identify best
practices and culturally relevant opportunities
to share stigma education and highlight the
importance of supporting social needs to reduce
adverse behavioral health outcomes.
Additional Considerations
Eleven challenges identified in CHI’s initial
assessment were ultimately not included
as prioritized recommendations in this
CMP. This is because CHI wished to limit the
number of systemic challenges to consider
and/or because these challenges were not
identified among the most urgent priorities
by key stakeholders and community members
through conversations or stakeholder surveys.
Each is an important issue, and some are
related to and would benefit from CMP
recommendations. The other community
challenges are:
• Cost of behavioral health care and
information about insurance coverage
• Timeliness of behavioral health care in
preferred environments
• Funding to support operating costs of
public health and community-based
organizations
• Food security and access
• Transportation
• Affordable child care
• Medicaid reimbursement rates
• Behavioral health provider licensure
compacts
• Brick-and-mortar locations of behavioral
health services
• Systemic racism, discrimination, and
unfair treatment
• Provider burnout and moral distress
16,000
Larimer County residents
didn’t get behavioral health care
in the past year because of stigma2
Public Perception Currently Favors Treatment Over Prevention.3
Larimer and Weld County residents who
think investing in programs to prevent
people from abusing alcohol and drugs
is very effective
Larimer and Weld County Residents who
think investing in more affordable and
accessible treatment options is very
effective
35%
55%
Page 31
Item 1.
20
LOOKING AHEAD
Larimer County has made encouraging strides to improve
behavioral health services and outcomes for local residents since
the last CMP five years ago. The recent opening of the Acute
Care Facility on the LongviewTM Campus represents an important
and tangible step forward in expanding local capacity to meet
behavioral health needs. Still, there is much work to do.
Voters provided significant resources for
this work with a two-decade commitment
when they approved Ballot Issue 1A in 2018.
County leaders, with support from health care
providers, community-based organizations, and
others, will continue honoring this commitment
from the community and leveraging the
funding source to meet ambitious goals while
prioritizing accountability and transparency.
This CMP outlines priorities and
recommendations for the next five years
with the goal of guiding the county’s
next steps among many competing
needs. Success will require close
collaboration and partnerships, as well
as a willingness to regularly evaluate
progress and consider evolving needs
and issues.
For more information about the CMP or behavioral health efforts in the county,
please visit www.larimer.gov/behavioralhealth
Page 32
Item 1.
21
APPENDIX
CMP Methods
CHI’s research combined quantitative and qualitative approaches to assess Larimer County’s
behavioral health landscape and inform the 14 recommendations presented in the CMP. CHI took
the following steps between June and October 2023:
Key informant interviews. CHI conducted
interviews with representatives of 12
organizations in the county. These included
government, community-based, and direct
service organizations.
Surveys. CHI fielded two surveys to
collect information on local behavioral
health challenges and offer feedback on
CHI’s initial findings. Both surveys were
distributed to local leaders, staff from
community-based organizations, and
behavioral health providers.
Expert engagement. CHI regularly met
with members of the Executive Sponsors
group and Guidance Team throughout the
research process to present and discuss
findings, in addition to collaborating closely
with key staff at BHS.
Research plan and data gap analysis. CHI created
a resource inventory that identified gaps in
knowledge by topic area and a plan to address
these gaps through stakeholder engagement and
quantitative data collection.
Quantitative analysis. The team collected and
analyzed more than 100 metrics to understand
the county’s behavioral health landscape. Sources
included the Colorado Health Access Survey,
American Community Survey, Behavioral Risk
Factor Surveillance System, the Health District of
Northern Larimer County’s Community Health
Assessment, and the Colorado Health Information
Dataset.
Literature review. A dozen community
assessments were reviewed to analyze the
demand, utilization, and gaps in behavioral health
and social services in Larimer County for different
services and populations. CHI also reviewed
over 20 news and journal articles for context on
systemic and ongoing challenges in behavioral
health at the state and national levels.
Page 33
Item 1.
22
Acknowledgements
Guidance Team (GT) Members and
Executive Sponsor (ES) Representatives
A Guidance Team of behavioral health experts and community
leaders, alongside representatives from CMP Executive Sponsor
organizations, offered advice and feedback on this report’s
development, findings, and prioritization of recommendations. We
thank these participants for their time and thoughtful contributions.
• Michael Allen, SummitStone Health Partners, ES + GT
• Sam Bruick, Health District of Northern Larimer County, GT
• Amey Dice, Homeward Alliance, GT
• Emily Humphrey, Larimer County Community Justice
Alternatives, GT
• Heather Ihrig, Northpoint Recovery, GT
• Liane Jollon, Health District of Northern Larimer County, ES
• MJ Jorgensen, Northern Colorado Health Alliance, GT
• Taylor Kelley, Larimer County Behavioral Health Services,
ES + GT Liaison
• Kelsey Lyons, Larimer County Department of Health
and Environment, GT
• John McKay, SummitStone Health Partners, GT,
Key Informant Interviewee
• Kim Moeller, Alliance for Suicide Prevention of Larimer County, GT
• Linda Nuss, Homeward Alliance, GT
• Jared Olson, Larimer County Department of Health
and Environment, GT
• Rachel Olsen, Alliance for Suicide Prevention, GT,
Key Informant Interviewee
• Carol Plock, Health District of Northern Larimer County, ES
• Geena Rupp, The Yarrow Collective, GT, Key Informant Interviewee
• Michael Ruttenberg, Family Care Center, GT
• Jessica Shannon, Health District of Northern Larimer County,
ES + GT, Key Informant Interviewee
• Trisha Sims, Larimer County Department of Human Services, GT
• Scott Smith, Alliance for Suicide Prevention of Larimer County, GT
• Lyssa Stroup, UCHealth, GT
• Lee Thielen, Health District of Northern Larimer County, ES
• Laura Walker, Larimer County, ES
• Lin Wilder, Health District of Northern Larimer County, GT
• Alyson Williams, Health District of Northern Larimer County,
ES + GT, Key Informant Interviewee
Community Partners and
Additional Key Informant
Interviewees
• Jenn Anderson, SummitStone Health Partners
• Michele Christensen, Housing Catalyst
• Robert Cook, Larimer County Sheriff’s Office Co-Responder Program
• Janina Fariñas, La Cocina
• Jen Head, Health District of Northern Larimer County
• Rebecca Helfand, SummitStone Health Partners
• Marcy Kasner, Larimer County Economic and Workforce Development
• Gloria Kat, The Family Center/La Familia
• Monica Keele, CSU Health Network
• Wendy Lee, Turning Point Center for Youth and Family Development
• Julie Merlino, UCHealth
• Jessica Plummer, Larimer County Behavioral Health Services
• Jodie Riesenberger, Bohemian Foundation
• Amy Sanford, UCHealth
• Laurie Stolen, Larimer County Behavioral Health Services
• Beth Yonce, City of Fort Collins, Social Sustainability Department
CHI Contributors
• Chrissy Esposito, lead author
• Emily Johnson
• Emily Leung
• Suman Mathur
• Allie Morgan
• Kendra Neumann
• Lindsey Whittington
Page 34
Item 1.
ENDNOTES
1 Larimer County. Official Ballot for General Election, Larimer County, Colorado. (2018). https://www.larimer.gov/sites/default/files/
uploads/2020/2018_general_sample_ballot.pdf
2 Colorado Health Access Survey. 2019-2021 estimates. https://www.coloradohealthinstitute.org/programs/colorado-health-access-survey
3 Colorado Health Foundation. Pulse Survey. (2022). https://www.copulsepoll.org/results?year=poll-2022-373
4 The Colorado Violent Death Reporting System (CoVDRS), 2018-2020. Accessed https://cohealthviz.dphe.state.co.us/t/HSEBPublic/views/
CHITemplate-Redesign1_0-latest3-11m_16527278788750/InjuryDashboard?%3Aembed=y&%3Aiid=2&%3AisGuestRedirectFromVizportal=y
5 Larimer County. Annual Reports. https://www.larimer.gov/behavioralhealth/bhs-annual-report
6 SummitStone Health Partners. Diagnosis data from July 2022-August 2023. Requested by CHI in September 2023.
7 Larimer County Sheriff’s Office. Co-responder data, 2019-2022. Internal Request by BHS in September 2023.
8 Colorado Health Access Survey. 2015-2021. https://www.coloradohealthinstitute.org/programs/colorado-health-access-survey
9 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Overdose Data Dashboard, 2020-2022. https://
cohealthviz.dphe.state.co.us/t/PSDVIP-MHPPUBLIC/views/DrugOverdoseDashboard/LandingPage?iframeSizedToWindow=true&%3Adisplay_
count=n&%3AshowAppBanner=false&%3Aorigin=viz_share_link&%3AshowVizHome=n&%3AisGuestRedirectFromVizportal=y&%3Aembed=y#2
10 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Suicide Data Dashboard, 2020-2022.
https://cdphe.colorado.gov/colorado-suicide-statistics
11 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Colorado Health Indicators, 2018-2020.
https://cdphe.colorado.gov/cohid
12 County Health Rankings. (2023). https://www.countyhealthrankings.org/explore-health-rankings/colorado/larimer?year=2023
13 Colorado Public Health and Environment. Pregnancy Risk Assessment Monitoring System (PRAMS). (2021). https://cdphe.colorado.gov/center-
for-health-and-environmental-data/survey-research/pregnancy-risk-assessment-monitoring
14 Health District of Northern Larimer County. Larimer County Community Health Survey. (2022). Internal data request November 2023.
15 Ryan S.A., Kokotailo P. COMMITTEE ON SUBSTANCE USE AND PREVENTION. Alcohol Use by Youth. Pediatrics. (2019). 144(1). doi: 10.1542/
peds.2019-1357
16 Colorado Public Health and Environment. Healthy Kids Colorado Survey. (2021). https://cdphe.colorado.gov/hkcs
17 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID. Colorado Public Health Indicators,
2015-2019. https://cohealthviz.dphe.state.co.us/t/HSEBPublic/views/CHITemplate-Redesign1_0-latest3-11m_16527278788750/
CHI?%3Aembed=y&%3Aiid=2&%3AisGuestRedirectFromVizportal=y
18 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Colorado Health Indicators, 2018-2020. https://
cdphe.colorado.gov/cohid
19 Colorado Department of Local Affairs. Colorado State Demography Office, 2022. https://demography.dola.colorado.gov/assets/html/muni.html
20 Center on Budget and Policy Priorities. Chart Book: Housing and Health Problems Are Intertwined. So Are Their Solutions. (2022). https://www.
cbpp.org/research/health/housing-and-health-problems-are-intertwined-so-are-their-solutions
21 American Community Survey. 2017-2021 estimates. https://www.census.gov/programs-surveys/acs
22 Community Assessment Survey of Older Adults. (2023). https://www.larimer.gov/sites/default/files/casoa-larimer-county.pdf
23 Colorado Health Foundation. Pulse Survey. (2023). https://www.copulsepoll.org/results?year=poll-2023-515
24 County of Santa Clara. The Housing Ready Community’s Toolkit. https://housingtoolkit.sccgov.org/solution
25 U.S. Department of Health and Human Services. HHS Poverty Guidelines for 2023. (2023). https://aspe.hhs.gov/topics/poverty-economic-
mobility/poverty-guidelines
26 Health District of Northern Larimer County. 2022 Community Health Assessment: Key Findings. (2022). https://www.healthdistrict.org/sites/
default/files/larimer-county-community-health-survey-2022-key-findings-022423.pdf
27 Self-Sufficiency Standard at the Center for Women’s Welfare, University of Washington. (2022). https://selfsufficiencystandard.org/colorado/
Page 35
Item 1.
Page 36
Item 1.
Community Master Plan
for Behavioral Health
2024-2028
LARIMER COUNTY
The Community Master Plan (CMP) for Larimer County, commissioned by Larimer County
Behavioral Health Services and sponsored by SummitStone Health Partners and the Health
District of Northern Larimer County, is a five-year strategic plan for creating opportunities
that address the community’s behavioral health needs and improve the quality of life for
county residents. This CMP is the second iteration and is designed to guide investment
and partnership efforts from 2024 through 2028. The report was designed as an accessible
resource for the community at large.
EXECUTIVE SUMMARY
CONTEXT
Larimer County’s residents have needs across
the behavioral health care spectrum. Thousands
of people in the county need treatment and/or
recovery services for mental health or substance
use-related issues. These issues can be acute or
chronic, and they can impact people of all ages,
backgrounds, and lived experiences.
The community faces a mix of local and systemic
challenges in responding to these needs. From gaps
in early childhood behavioral health services to
insufficient workforce recruitment and retention
to the worsening shortage of affordable housing,
the challenges can feel daunting. Tackling them and
achieving measurable progress will require a collective
effort from a diverse group of local partners,
including county government, health care providers,
community-based organizations, and others.
Voters provided important financial resources for
this work, with a commitment of 20 years, when
they approved Ballot Issue 1A in 2018. Larimer
County has made encouraging strides in its efforts
to improve behavioral health services and outcomes
for local residents since then. The recent opening of
the Acute Care Facility on the Longview™ Campus
represents one important and tangible step forward
in expanding local capacity to meet behavioral
health needs. Still, there is much work to do.
Flip page to read the 14 recommendations in the CMP
Page 37
Item 1.
2024-2028 RECOMMENDATIONS
An overview of the 14 recommendations is provided here, with
additional detail for each recommendation available in the CMP.
1. Facility Evaluation
Evaluate metrics and goals to measure successes
and challenges of the new Acute Care Facility on the
Longview™ Campus.
2. Interagency Collaboration and Alignment
Reduce silos and duplication by collaborating in
new ways among county agencies and health
organizations.
3. Youth Services Feasibility Study
Develop a plan for assessing the financial feasibility,
licensing requirements, workforce capacity, and
community demand for acute and chronic youth
behavioral health services.
4. Care Coordination
Use a new or existing centralized referral
hub to strengthen care coordination and
network partnerships for behavioral health
and social needs.
5. Crisis Alternatives
Expand proven programs that divert people
experiencing acute mental health and
substance use events from jails and emergency
departments and monitor the use of the new
Acute Care Facility to assess its impact on
reducing the use of these settings.
6. Impact Fund Grants
Modify and then annually evaluate the
Impact Fund’s application criteria and award
process and consider multiyear grant options.
7. CMP Implementation
Create an annual meeting for the Executive
Sponsors and Guidance Team to assess progress
on the CMP’s recommendations and identify
needs and roles for the year ahead.
8. Adult-Focused Programs
Expand funding opportunities to support mental health
and substance use prevention and treatment programs
that are tailored for adults in distinct life phases.
9. Youth-Focused Programs
Tailor and increase investments in school- and home-
based programs, peer programs, and initiatives that
offer substance use and mental health prevention and
treatment services for youth, including infants and
young children (ages 0-5).
10. Workforce Supports
Create or invest in opportunities to expand the
behavioral health workforce pipeline and offer
meaningful compensation for providers.
11. Underserved Communities
Invest in community-based organizations and
initiatives that serve populations with unique
behavioral health needs, including rural communities,
LGBTQ+ individuals, unhoused people, individuals
earning low-incomes, and historically marginalized
racial and ethnic groups.
12. Affordable Housing
Invest in programs that offer equitable opportunities
for community members to purchase and remain
in affordable homes, and work to infuse behavioral
health supports in the places people live.
13. Community Connection
Reduce isolation by introducing and expanding
equitable opportunities for strengthening connections
and building social networks.
14. Community Awareness and Education
Evolve public awareness campaigns to further reduce
stigma, build support for prevention, and demonstrate
the connection between behavioral health outcomes
and the social determinants of health.
Page 38
Item 1.
LARIMER COUNTY
2024-2028
Community Master Plan for Behavioral HealthPage 39
Item 1.
1.Facility Evaluation
Evaluate metrics and goals to measure
successes and challenges of the new Acute
Care Facility.
2. Interagency Collaboration &
Alignment
Reduce silos and duplication by collaborating
in new ways among county agencies and
health organizations.
3. Youth Services Feasibility Study
Assess the financial feasibility, licensing
requirements, workforce capacity, and
community demand for acute and chronic
youth behavioral health services.
4. Care Coordination
Use a new or existing centralized referral hub
to strengthen care coordination and network
partnerships for behavioral health and social
needs.
5. Crisis Alternatives
Expand proven programs that divert
people experiencing acute mental health
and substance use events from jails and
emergency departments.
7. CMP Implementation
Create an annual meeting for the
Executive Sponsors and Guidance Team to
assess progress on the CMP’s
recommendations and identify needs and
roles for the year ahead.
6. Impact Fund Grants
Modify and then annually evaluate the Impact
Fund’s application criteria and award process
and consider multi-year grant options.
8. Adult-Focused Programs
Expand funding opportunities to support
mental health and substance use prevention
and treatment programs that are tailored for
adults in distinct life phases.
9. Youth Focused Programs
Improve in school-and home-based
programs that offer substance use and
mental health prevention and treatment
services for youth, (including ages 0-5).
10. Workforce Supports
Create or invest in opportunities to expand
the behavioral health workforce pipeline
and offer meaningful compensation for
providers.
11. Underserved Communities
Invest in community-based organizations and
initiatives that serve populations with unique
behavioral health needs, including rural
communities, LGBTQ+ individuals, unhoused
people, individuals earning low-incomes, and
historically marginalized racial and ethnic
groups.
12. Affordable Housing
Invest in programs that offer equitable
opportunities for community members to
purchase and remain in affordable homes,
and work to infuse behavioral health
supports in the places people live.
14. Community Awareness &
Education
Evolve public awareness campaigns to
further reduce stigma, build support for
prevention, and demonstrate the connection
between behavioral health outcomes and
the social determinants of health.
13. Community Connection
Reduce isolation by introducing and
expanding equitable opportunities for
strengthening connections and building
social networks.
Page 40
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Brittany Davis, Victim Services Supervisor
Lieutenant Sara Lynd, Criminal Investigations Lieutenant
SUBJECT
Items Relating to the Fort Collins Police Services Victim Services Unit.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 010, 2024, Making a Supplemental Appropriation from the Eighth
Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins
Police Services Victim Services Unit.
B. Second Reading of Ordinance No. 011, 2024, Making a Supplemental Appropriation from the Colorado
Division of Criminal Justice Under the Federal Victim of Crime Act in the General Fund for the Fort Collins
Police Services Victim Services Unit.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, provide funding for the
Victim Services Unit of Fort Collins Police Services for victim advocacy services which are required under
the Colorado Victim Rights Amendment for victims and witnesses of crime and their supporting family
members.
The Victim Services Unit has been awarded a $70,000 Victim Assistance and Law Enforcement (VALE)
grant for the period from January 1, 2024 to December 31, 2024. The VALE grant is awarded through the
Eighth Judicial District Board to help fund services provided by the Victim Services team. This grant will
fund one part-time victim advocate, as well as 65% of the salary for a contractual 40-hour per week victim
advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for the period
from January 1, 2023 to December 31, 2024, by the Colorado Division of Criminal Justice under the Federal
Victim of Crime Act (VOCA). This grant will help fund services provided by the Victim Services Unit. These
funds will be used to pay 35% of the salary for a contractual victim advocate who provides crisis intervention
services for sexual assault victims between the school ages of kindergarten through 12th grade.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on Second Reading.
Page 41
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BACKGROUND / DISCUSSION
The Victim Services Unit has received funding from the VALE grant since the inception of the program in
1996. Colorado state statutes mandate law enforcement agencies follow the Victim Rights Amendment to
the Colorado Constitution. Many of the stages in the mandated statutes are fulfilled by the Victim Services
Unit. Services have been provided to thousands of victims and their family members who have become
victims of violent crime in the community. Council has approved appropriations of the VALE grant revenue
every year. Services to the community would be drastically cut without this grant award.
Funds from the VALE grant will be used for 26 hours a week toward the salary for the full-time contractual
victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim
Services office. The VALE grant will also fund a part-time, 20 hour a week victim advocate who will cover
mandated weekend defendant bond hearings and work with victims of these crimes. Funds will also pay
for a portion of the operational expenses needed to provide 24-hour, 7-day a week services to victims of
crime in the community.
The VOCA grant will be used to fund 14 hours a week toward the salary of the full -time contractual victim
advocate who provides crisis intervention services for sexual assault victims between the school ages of
kindergarten through 12th grade.
Victim Services has received VOCA grant funding since 2020. VOCA funds will help fulfill the legal
mandates under the Colorado Constitution as well by ensuring Fort Collins Police Services provides
services to victims under the Colorado Victim Rights Amendment.
CITY FINANCIAL IMPACTS
The City has received a grant in the amount of $70,000 from the Eighth Judicial District Victim Assistance
and Law Enforcement (VALE) Board to help fund victim services activities.
The City has also been awarded a grant in the amount of $47,959 from the Federal Victim of Crime Act
(VOCA).
Neither grant requires a cash or in-kind match from Fort Collins Police Services or the City of Fort Collins.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance A for Consideration
2. Ordinance B for Consideration
Page 42
Item 1.
-1-
ORDINANCE NO. 010, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW
ENFORCEMENT BOARD IN THE GENERAL FUND FOR THE
FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT
A. Fort Collins Police Services has been awarded a grant in the amount of
$70,000 (the “Grant”) for the period from January 1, 202 4, to December 31, 2024, by the
Eighth Judicial District Victim Assistance and Law Enforcement (“VALE”) Board to support
the Fort Collins Police Services Victim Services Unit (“Victim Services”).
B. Victim Services provides crisis intervention, resources and referral services
to victims of violent crime and other traumatic situations.
C. The Grant will be used to fund a part of the salary for a victim advocate who
provides crisis intervention services, a part-time contractual victim advocate, and to
partially pay for operational expenses needed to provide 24 -hour a day, 7-day a week
services to victims of crime in the community.
D. Appropriation of the Grant serves a public purpose by assisting crime
victims in the Fort Collins community.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant,
that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state
or private grant or the City’s expenditure of all funds received from such grant or donation.
H. The City Council wishes to designate the appropriation herein from the
Eighth Judicial District Victim Assistance and Law Enforcement Board as an appropriation
that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure
of all funds received from such grant.
Page 43
Item 1.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of SEVENTY THOUSAND DOLLARS ($70,000) to be expended
in the General Fund for the Fort Collins Police Services Victim Servi ces Unit.
Section 2. The appropriation herein from the Eighth Judicial District Victim
Assistance and Law Enforcement Board is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this
fiscal year but continue until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Dawn Downs
Page 44
Item 1.
-1-
ORDINANCE NO. 011, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM
THE COLORADO DIVISION OF CRIMINAL JUSTICE
UNDER THE FEDERAL VICTIM OF CRIME ACT IN THE
GENERAL FUND FOR THE FORT COLLINS POLICE
SERVICES VICTIM SERVICES UNIT
A. Fort Collins Police Services has been awarded a grant by the Colorado
Division of Criminal Justice in the amount of $47,959 (the “Grant”) under the Federal
Victim of Crime Act (“VOCA”) to support the Fort Collins Police Services Victim Services
Unit (“Victim Services”) for the period from January 1, 2023, to December 31, 2024 .
B. The amount to be received and appropriated in 2024 is $23,979.
C. Victim Services provides crisis intervention, resources and referral services
to victims of violent crime and other traumatic situations.
D. The Grant will be used to fund a part of the salary for the victim advocate
who provides crisis intervention services for sexual assault victims between school ages
of kindergarten through 12th grade.
E. Appropriation of the Grant serves a public purpose by assisting crime
victims in the Fort Collins community.
F. 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant,
that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state
or private grant or the City’s expenditure of all funds received from such grant or donation.
I. The City Council wishes to designate the appropriation herein from the
Eighth Judicial District Victim Assistance and Law Enforcement Board as an appropriation
Page 45
Item 1.
-2-
that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure
of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of FORTY-SEVEN THOUSAND NINE HUNDRED FIFTY-NINE
DOLLARS ($47,959) to be expended in the General Fund for the Fort Collins Police
Services Victim Services Unit.
Section 2. The appropriation herein from the Eighth Judicial District Victim
Assistance and Law Enforcement Board is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this
fiscal year but continue until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Dawn Downs
Page 46
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kyle Bendzsa, Forensic Services Unit Sergeant, Police Services
Kerri Ishmael, Grants Administration
SUBJECT
Second Reading of Ordinance No. 012, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and Distribution
Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, supports Fort Collins Police
Services’ Forensic Services Unit work in the prevention and investigation of serious injuries and deaths
caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate distribution by appropriating
$40,000 of unanticipated grant revenue from the Colorado Department of Public Safety, Division of
Criminal Justice (DCJ).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On October 6, 2023, the Fort Collins Police Services (FCPS), Forensic Services Unit (FSU) was awarded
a grant through the Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance,
2023 - Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant Program (Grant
Program).
The intent of the Grant Program is to provide grant funding to law enforcement agencies for the purpose
of investigating deaths and serious injuries caused by illegal synthetic opiate poisoning and for disrupting
synthetic opiate supplies.
FSU will use the funds to purchase a 1-year license for Cellebrite Premium ES, three (3) adapters and
training for the use of the Cellebrite software.
Cellebrite Premium ES is a software product produced by a company named Cellebrite. The software can
unlock a smartphone and then extract the data contained within it which may be evidence in any criminal
case. All unlocks and extractions will be done after proper legal authority has been obtained by
investigators.
Page 47
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The software and the associated hardware will be utilized by the five Digital Forensic Examiners in FSU to
obtain evidence from locked and unlocked smartphones to further investigations related to opiate
poisoning, deaths, and distribution. The software can also be used for any other criminal investigations.
With FSU’s current Cellebrite software, which consists of UFED 4PC and Physical Analyzer, an examiner
can only unlock much older, “flip-style” smartphones which typically do not contain much usable data. The
current software cannot unlock modern smartphones and therefore cannot extract any data. The current
process when FSU encounters a locked smartphone that is not supported by FSU’s current tools, is the
device must be mailed to the United States Secret Service office so that they may attempt to unlock it with
their Cellebrite Premium ES license. This time delay can be detrimental to time sensitive investigations.
The grant will allow FCPS to purchase a Cellebrite Premium ES license which will allow an unlimited
number of unlocks and extractions for supported smartphones for one year.
“Legal authority” is obtained through various means. Primarily in investigations which involve the extraction
of smartphone data, legal authority is obtained through a search warrant, supported by probable cause
and signed by a judge. Searches granted by a search warrant are limited in scope determined by probable
cause. A search may be limited to a specific date range (i.e. May 1, 2023, to May 15, 2023). The warrant
can also limit the scope to certain apps or certain areas of the device, such as photos, text messages,
emails, call logs, etc. Police Officers and Detectives will include these parameters when they draft a
warrant, and the Judge can modify the parameters before signing the warrant.
Legal authority can also be met via long -standing, legal exceptions to a search warrant, such as consent,
death, and exigency.
Cellebrite and any other forensic tool that FCPS has access to are, and will continue to be, used to further
any criminal investigation.
The prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate poisoning
and for disrupting synthetic opiate supplies is in keeping with the Vision of FCPS, to make Fort Collins the
safest community in the nation.
The award is based on total project costs of $40,000, with one hundred percent provided by DCJ. As
presented in the Grant Agreement, total project costs pertain to a 1-year license for Cellebrite Premium
ES, three (3) adapters and training for the use of the Cellebrite software. Pursuant to the grant application
and award, this funding may only be utilized for the listed products. The project is from January 1, 2024,
through June 30, 2024.
CITY FINANCIAL IMPACTS
This item appropriates $40,000 in project costs for FCPS’ FSU work in prevention and investigation around
opiate poisoning and distribution from unanticipated grant revenue in the General Fund from DCJ.
This grant from the DCJ is a reimbursement type grant, meaning General Fund expenses will be
reimbursed up to $40,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 48
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 49
Item 2.
-1-
ORDINANCE NO. 012, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO DIVISION OF CRIMINAL JUSTICE SYNTHETIC
OPIATE POISONING INVESTIGATION AND DISTRIBUTION
INTERDICTION GRANT FOR THE FORT COLLINS POLICE
SERVICES FORENSIC SERVICES UNIT
A. Like many law enforcement agencies across the nation, over the last few
years Fort Collins Police Services (FCPS) has seen a significant rise in the use, addiction,
distribution, poisoning and deaths involving fentanyl and other highly addictive synthetic
opiate narcotics.
B. The Colorado Department of Public Safety, Division of Criminal Justice
(DCJ), Office of Adult and Juvenile Justice Assistance, 2023 - Synthetic Opiate Poisoning
Investigation and Distribution Interdiction Grant Program provides grant funding across
Colorado to support local law enforcement agencies work in prevention, disruption of
distribution, and investigation of serious injuries and deaths caused by fentanyl and other
illegal synthetic opiate poisoning.
C. The purpose of this item is to appropriate $40,000 of unanticipated grant
revenue from the DCJ to support FCPS Forensic Services Unit work on fentanyl and other
synthetic opiate investigations, and any other criminal investigations as needed.
D. Cellebrite, is a software product that can unlock a cell phone and extract
data which may be used as evidence in a criminal case.
E. The $40,000 unanticipated grant funding will be used to purchase a 1-year
license for Cellebrite Premium ES, three (3) adapters, and training for the use of the
Cellebrite software.
F. With proper legal authority FCPS Forensic Services Unit Forensic
Examiners will utilize Cellebrite to assist in obtaining evidence from locked and unlocked
cell phones to further investigations related to fentanyl and opiate poisoning and
distribution, and any other criminal investigation as needed .
G. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of the prevention and investigation of serious
injuries and deaths caused by fentanyl and other illegal synthetic opiates to protect our
community and hold offenders accountable.
H. 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
Page 50
Item 2.
-2-
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated reven ues and all other funds to
be received in this Fund during this fiscal year.
J. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
K. The City Council wishes to designate the appropriation herein for the
Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant as an appropriation that shall not lapse until the earlier of
the expiration of the grant or the City’s expenditure of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of FORTY THOUSAND DOLLARS ($40,000) to be expended in
the General Fund for the Fort Collins Police Services Forensic Services Unit.
Section 2. The appropriation herein for the Colorado Division of Criminal Justice
Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
Page 51
Item 2.
-3-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Dawn Downs
Page 52
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 013, 2024, Appropriating Philanthropic Revenue Received by
City Give for the Renovation of the Historic Carnegie Library.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an appropriation of
$214,000 in philanthropic revenue received by City Give for the renovation of the historic Carnegie Library
as designated by the donor.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a transparent, non-
partisan governance structure for accepting and appropriating charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The historic 1904 Carnegie building is one of the oldest, continuously operating public buildings in Fort
Collins. Carnegie libraries were often the first public libraries in communities across the country. Operated
by the City and designated a local Historic Landmark in 1978, the building is now the Carnegie Center for
Creativity (CCC) dedicated to affordable, community-focused cultural space.
The ambitious renovation focuses on both historic restoration and infrastructure investments to ensure the
Center continues to serve Fort Collins as an affordable, community-focused space for gallery exhibitions,
performance, classes, and special events.
The current project estimate for the full renovation is $6.2M with $2.2M provided through the generosity of
local voters via a 2015 Community Capital Improvement Program ballot measure. A Community
Revitalization Grant from the State’s Colorado Creative Industries providing $2.4M in funding. The City of
Fort Collins General Fund invested $900,000 in ADA and structural upgrades as Phase 1 of this project.
Private funding is being sought to address final funding needs to bring this important project to fruition.
This appropriation reflects the enduring partnership between the City and the Fort Collins Downtown
Development Authority (DDA). These funds are a significant investment in enrichment and maintenance
of our downtown.
Page 53
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This ordinance will appropriate $214,000 in philanthropic revenue reveived by City Give for the renovation
of the Carnegie Center for Creativity. 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 designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 54
Item 3.
-1-
ORDINANCE NO. 013, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE
RECEIVED BY CITY GIVE FOR THE RENOVATION
OF THE HISTORIC CARNEGIE LIBRARY
A. The City of Fort Collins is renovating the Carnegie Center for Creativity to
ensure that it continues to serve Fort Collins as an affordable, community-focused space
for gallery exhibitions, performance classes, and special events .
B. On December 5, 2023, the City Council adopted Resolution 2023-106
approving an agreement with the Downtown Development Authority to establish the terms
and conditions for a grant from the Downtown Development Authority to the City for the
renovation of the Carnegie Center.
C. The Downtown Development Authority is generously providing $214,000 for
the City to perform work on the facades of the Carnegie Cener and to install a new exterior
entry gate and fence.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by or dinance
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 a ll other funds to be
received during the fiscal year.
E. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Projects Fund and will not cause the total amount appropriated in the Capital
Projects Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earli er 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.
G. The City Council wishes to designate the appropriation herein for the
donation to the Carnegie Center for Creativity as an appropriation that shall not lapse until
the earlier of the expiration of the donation or the City’s expenditure of all funds received
from such donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 55
Item 3.
-2-
Section 1. That there is hereby appropriated from new philanthropic revenue in
the Capital Projects Fund the sum of TWO HUNDRED FOURTEEN THOUSAND
DOLLARS ($214,000) to be expended in the Capital Projects Fund for the Historic
Carnegie Library Project.
Section 2. That the appropriation herein for the Carnegie Center for Creativity
is hereby designated, as authorized in Article V, Section 1 1 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the donation or the City’s expenditure of all funds received from such
donation.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ted Hewitt
Page 56
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 014, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Youth Sports Programming and Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an appropriation of
$15,550 in philanthropic revenue received through City Give for Recreation to benefit income-qualified
youth sports programming and services.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a transparent, non-
partisan governance structure for accepting and appropriating charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In early January 2024, the City received a charitable gift is from Adam Snow, FOCO Snow Charities, for
the designated purpose to benefit income-qualified youth sports programming and services. The
Recreation Discount programs provides children in our community with the opportunity to participate in
active and healthy recreational sports and activities that their families might otherwise struggle to afford.
Steak-Out Salon has been a perennial community giver with events ranging from the annual Steak-Out
Scramble charity golf event to community fundriasers to beneift residents in need.
For over 10 years, the Steak-Out Scramble has generated tremendous community support through a
charity golf event. This year, the Steak Out Saloon Charity Golf Scramble tournament generated $15,550
in charitable support for the City’s Youth Recreational Sports Scholarships which brings Snow Charities
total contribution to the City more than $90,000.
The Recreation Discount program offers eligible households recreation opportunities with on-line class
registration, unlimited drop-in visits to facilities, and significant discounts on activity enrollments for 12
months from date of application approval and pass activation.
Page 57
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $15,550 in philanthropic revenue received in 2023 for
Recreation. 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 Recreation Fund and will not cause the total amount appropriated in the
Recreation Fund to exceed the current estimate of actual and anticipated revenues and all other funds in
the Recreation Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 58
Item 4.
-1-
ORDINANCE NO. 014, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR YOUTH SPORTS PROGRAMMING AND SERVICES
A. City Give has received a generous gift of $15,550 from Adam Snow of FoCo
Snow Charities.
B. The designated purpose of the gift is to fund income-qualified youth sports
programming and services.
C. The City’s Recreation Discount Program provides children in the community
the opportunity to participate in sports and activities that their families might not otherwise
be able to afford.
D. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of allowing children in income -
qualified families to participate in City recreational programs and services.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Recreation Fund and will not cause the total amount appropriated in the Recreation
Fund to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
Recreation Fund the sum of FIFTEEN THOUSAND FIVE HUNDRED FIFTY DOLLARS
($15,550) to be expended in the Recreation Fund for Youth Programming and Services.
Page 59
Item 4.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ryan Malarky
Page 60
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
SUBJECT
Second Reading of Ordinance No. 016, 2024, Appropriating Prior Year Reserves in the Recreation
Fund for the Mulberry Pool Replacement Feasibility Study.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates $78,000 from
Recreation Reserves to fund the Mulberry Replacement Feasibility Study. This study is in partnership with
Colorado State University Athletics (CSU), who will be funding 50% of the study.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In 2021, Council commissioned the Recreation Department to conduct an aquatics study that evaluated
current assets, projected future needs, and made recommendations on next steps.
The study concluded that Mulberry Pool was near its end of useful life and was functionally obsolete. The
study also recommended that the City consider partners when building aquatic facilities.
The City and CSU Athletics have agreed to jointly fund a pool feasibility study. The Mulberry Replacement
Feasibility Study will evaluate the current site of Mulberry Pool and the feasibility of building a new aquatic
facility there while also evaluating other sites within a close distance of both CSU and Mulberry Pool.
The study will evaluate the current and future needs of both the City and CSU and provide joint facility
options, that will include fair share of capital, operations, maintenance, and replacement based upon
projected use of the facility. The study will also provide each agency the full capital, operations,
maintenance, and replacement of separate facilities.
This joint feasibility study does not commit nor require either agency to build a joint or standalone facility.
Further discussion on next steps will occur with City Council and City leadership once the feasibility study
is complete.
Page 61
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
Recreation Reserves will have a starting balance for 2024 in the amount of $2.7 Million. This study aligns
with intended use of this fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff mentioned the partnership with CSU athletics to conduct the study at the December 2023 meeting
and will share the scope of the work with the board at the January 2024 meeting.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 62
Item 5.
-1-
ORDINANCE NO. 016, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
RECREATION FUND FOR THE MULBERRY POOL
REPLACEMENT FEASIBILITY STUDY
A. The Council directed the recreation department to conduct an aquatics
study that evaluates current assets, projects future needs, and makes recommendations
on next steps. The study says that Mulberry Pool is near its end of useful life and
recommends that the City consider partners when building aquatic facilities.
B. Considering that study, the City partnered with Colorado State University
Athletics to jointly fund a pool feasibility study to evaluate the current site of Mulberry Pool
and the feasibility of building a new aquatic facility at the current site as well as other
nearby potential sites.
C. On January 24, 2024, the Parks and Recreation Board was informed of the
pool feasibility study.
D. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose and strategic objective of addressing
amenity replacement and maintenance needs of a recreational facility.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Recreation Fund and will not cause the total amount appropriated in the Recreation
Fund to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Recreation Fund the sum of SEVENTY-EIGHT THOUSAND DOLLARS ($78,000) to be
expended in the Recreation Fund for the Mulberry Pool Replacement Feasibility Study.
Page 63
Item 5.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Sara Arfmann
Page 64
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
SUBJECT
Second Reading of Ordinance No. 017, 2024, Appropriating Prior Year Reserves in the Recreation
Fund for the Purchase of Ponies and Sheds at Lee Martinez Farm.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates $72,000 from
Recreation Reserves to purchase ponies and replace sheds at the Lee Martinez Farm.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Farm at Lee Martinez Park is a community treasure. Over the past year the Farm has lost two ponies,
with the last one in mid-January. The market to purchase additional ponies is challenging. The Farm is
selective on which ponies it purchases due to the use of the ponies in children’s programs. As the ponies
continue to age, additional ponies are needed to ensure enough trained ponies are onsite to support the
Farm programs. The sheds at the Farm have deteriorated much quicker than anticipated and need to be
replaced. Without replacement, the sheds are likely to fail the United States Department of Agriculture
(USDA) inspection.
CITY FINANCIAL IMPACTS
Recreation Reserves will have a starting balance for 2024 in the amount of $2.7 million. The items at the
Lee Martinez Farm align with intended use of this fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 65
Item 6.
-1-
ORDINANCE NO. 017, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
RECREATION FUND FOR THE PURCHASE OF PONIES
AND SHEDS AT LEE MARTINEZ FARM
A. Since 1985, the Farm at Lee Martinez Park has provided hands -on family
fun through educational and interactive experiences for Fort Collins residents and visitors.
One such experience is pony rides. The pony sheds at the Farm must be replaced and
additional ponies purchased to continue related programming.
B. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose and strategic objective of enhancing access
to recreation opportunities to support the physical and mental health of Fort Collins
residents and visitors.
C. 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.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previousl y unappropriated from
the Recreation Fund and will not cause the total amount appropriated in the Recreation
Fund to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Recreation Fund the sum of SEVENTY-TWO THOUSAND DOLLARS ($72,000) to be
expended in the Recreation Fund for the purchase of ponies and replace sheds at the
Lee Martinez Farm.
Page 66
Item 6.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Sara Arfmann
Page 67
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 6, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Joe Wimmer, Financial Analyst
Travis Storin, Chief Financial Officer
Kelly DiMartino, City Manager
SUBJECT
Second Reading of Ordinance No. 018, 2024, Appropriating Prior Year Reserves for Compensation
of the Mayor, Mayor Pro Tem and Councilmembers.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, is for a General Fund
supplemental appropriation to fund 2023-2024 Budget Offer 28.12 - City Council Voter Approved Pay
Increase for fiscal year 2024. This budget request was not funded in the 2023-2024 Adopted Budget since
the election results of the 2022 City-Initiated Charter Amendment No. 1 (Council Compensation) ballot
initiative would not be known until after first reading of the City’s annual appropriation ordinance for 2023.
The initiative was approved by Fort Collins voters and this action is to appropriate the increased spending
in the General Fund to implement the ballot initiative for the salary increases in 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The 2023-2024 City of Fort Collins’ Recommended Budget included unfunded Offer 28.12 - City Council
Voter Approved Pay Increase. This offer was not recommended for funding since the Recommended
Budget would be published prior to knowing the result of the 2022 City-Initiated Charter Amendment No. 1
(Council Compensation) ballot initiative. This ordinance appropriates the increased expenses associated
with that budget request (offer) for 2024. The supplemental appropriation for 2023 Council pay was similarly
appropriated through Ordinance No. 001, on second reading February 7, 2023. This increase will be
incurred within the General Fund, which is where current Council pay is expensed.
The narrative and financial details associated with the original budget request and the ordinance submitting
the Council compensation amendment to a vote on November 8, 2022 are attached. The City Manager is
recommending this supplemental appropriation and has determined that this appropriation will not cause
the total amount appropriated in the General Fund in fiscal year 2024 to exceed the current estimate of
actual and anticipated revenues and all other funds to be received in this Fund during 2024.
Page 68
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance increases General Fund expenses by $331,416 in 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 69
Item 7.
-1-
ORDINANCE NO. 018, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR COMPENSATION
OF THE MAYOR, MAYOR PRO TEM AND COUNCILMEMBERS
A. On November 8, 2022, the voters of Fort Collins approved an amendment
to Section 3 of Article II of the City Charter, updating the compensation for the Mayor,
Mayor Pro Tem and Councilmembers to be based on Area Median Income and adjusted
annually.
B. Due to the timing of the change to Councilmember compensation, the funds
for those compensation payments were not included in the 2023 -2024 Biennial Budget,
and instead were appropriated at the outset of 2023 for that year.
C. In order to make the necessary funds available for 2024, this Ordinance
appropriates from prior year reserves in the General Fund the total amount projected for
that compensation.
D. This appropriation is necessary and appropriate to carry out the will of Fort
Collins voters in adopting the compensation levels for the Mayor, Mayor Pro Tem and
Councilmembers.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the General
Fund the sum of THREE HUNDRED THIRTY-ONE THOUSAND, FOUR HUNDRED
SIXTEEN DOLLARS ($331,416) to be expended in the General Fund for compensation
of the Mayor, Mayor Pro Tem and Councilmembers.
Page 70
Item 7.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Carrie Daggett
Page 71
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Judge Jill A. Hueser, Chief Judge
SUBJECT
Second Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code of the
City of Fort Collins Regarding Municipal Court Referees.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, amends the City Code to
clarify that municipal court referees may hear cases involving camera radar and red light photo citations.
Defendants in this type of case would have a choice to have a hearing with a referee in a more informal
setting or a hearing in front of a municipal judge. The proposed Code changes would also allow the Chief
Judge in the future to authorize referees to hear cases involving other zero-point infractions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Currently, the Code is unclear as to whether municipal referees may hear cases arising from camera radar
or red light citations. Code section 19-36(a) states that the Chief Judge may appoint referees “to hear
certain municipal ordinance violations relating to parking or Municipal Code violations designated as civil
infractions…” Later, it states “[s]uch alleged violations may include any offense or infraction which may now
or in the future be included in the schedule of payable fines established by the Chief Judge pursuant to law
except any offense which might result in the assessment of points by the State Department of Revenue
against the responsible party’s driving license or privilege.”
Camera radar and red light photo citations do not result in points assessed against the license and are
payable prior to hearing. However, they are neither civil infractions nor parking violations; they are traffic
infractions. Therefore, the Court recommends clarifying that these violations ca n be heard by a referee if
the defendant chooses. The Court also recommends that the Chief Judge have clear authority to allow
referees to hear other offenses or infractions that do not require appearance in court and do not result in
the assessment of points, so long as the Code does not specifically provide otherwise.
Currently, when a defendant is charged with civil infractions or parking violations, the person is advised of
their right to a hearing before a judge or their option to choose to have the ca se heard by a referee. Many
individuals choose the referee option because it is a less formal (and thus intimidating) setting. Additionally,
the rules of evidence are relaxed in a referee hearing, allowing individuals who may not have legal training
Page 72
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
to better present their cases. Defendants are advised both in writing and on the record by the referee prior
to the hearing that they may choose to have a judge hear their case instead.
With the recent and future expansion of the camera radar and red-light programs, this will allow the Court
to manage the anticipated increase in hearings related to these violations.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 73
Item 8.
-1-
ORDINANCE NO. 019, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 19 OF THE CODE OF THE CITY
OF FORT COLLINS REGARDING MUNICIPAL COURT REFEREES
A. Section 19-36(a) of the City Code states that the Chief Judge of the
Municipal Court may appoint referees “to hear certain municipal ordinance violations
relating to parking or Municipal Code violations designated as civil infraction s,” and that
“[s]uch alleged violations may include any offense or infraction which m ay now or in the
future be included in the schedule of payable fines established by the Chief Judge
pursuant to law except any offense which might result in the assessment of points by the
State Department of Revenue against the responsible party’s driving license or privilege.”
B. There are other municipal violations, including camera radar and red -light
photo citations, that are on the Court’s schedule of payable fines, which means they can
be paid without a court appearance, although the defendant can request a hearing, and
do not result in the assessment of points on one’s driving license, but are not civil
infractions or parking violations; therefore the Code is somewhat ambiguous as to
whether the Chief Judge could authorize a referee to hear such cases instead of a
municipal court judge.
C. Many individuals prefer to have their case heard before a referee because
it is a less formal (and thus less intimidating) setting, although defendants are advised
both in writing and on the record by the referee prior to the hearing that they may choose
to have a judge hear their case instead. Additionally, the rules of evidence are relaxed in
a referee hearing, allowing individuals who may not have legal training to better present
their cases.
D. As the use of camera radar, red-light cameras, and similar technologies
increases in Fort Collins, the Court’s caseload will continue to increase. Therefore, the
Chief Judge has recommended that the City Code provisions regarding Municipal Court
referees be amended to allow referees to hear camera radar and red-light photo citation
cases, as well as any other minor violations that the Chief Judge may designate in the
future that do not require a court appearance and do not potentially result in points being
assessed against the defendant’s driving license.
E. The proposed City Code amendments would also make other minor
updates to Code language.
F. The City Council finds that it is in the best interests of the City and the
community, and will facilitate the efficient operation of the Municipal Court, to amend the
City Code as described in this Ordinance.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 74
Item 8.
-2-
Section 1. Section 19-36 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-36. Creation; jurisdiction; qualifications.
(a) The Chief Judge is authorized and empowered to appoint one (1) or more
Referees to hear such municipal ordinance violations as the Chief Judge may from time
to time designate relating to parking, camera-radar speed enforcement, red-light
cameras, Municipal Code violations designated as civil infractions, and any other
offense or infraction which may now or in the future be included in the schedule of
payable fines established by the Chief Judge pursuant to law, except any offense which
might result in the assessment of points by the State Department of Revenue against
the responsible party's driving license or privilege, and except as otherwise specifically
provided in the Code. Referees may also review any costs of abatement or removal
assessed pursuant to civil infraction provisions of this Code.
. . .
(c) The Chief Judge shall appoint any Referee who will hear civil infractions from a
list of candidates chosen by a staff committee representing each of the following:
Municipal Court, Neighborhood Services, and the City Attorney's Office.
(d) The City Manager is authorized to appoint a designee to represent the City's
interest, with the advice and consent of the City Attorney's Office, in proceedings heard
by the Referee.
Section 2. Section 19-37 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-37. Defendant's right to hearing before judge.
Prior to conducting a hearing on any matter, the Referee shall inform the defendant that
they have the right to a trial before the Municipal Judge. If the defendant makes such a
request, the Referee shall terminate the hearing and refer the matter to the Municipal
Court for trial.
Section 3 Section 19-39 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-39. Order of the referee.
(a) At the completion of a hearing held under the provisions of this Article, the Referee
shall enter an order either:
. . .
Page 75
Item 8.
-3-
(b) If a defendant fails to answer a citation or notice to appear before a Referee, a
default judgment will enter in the amount of the civil penalty or fine plus all costs, expenses
and damages. In the event a defendant fails to pay a civil penalty or fine, costs, damages
and expenses within seven (7) days after the payment is due or fails to pay a default
judgment, the City may pursue any legal means for collection and, in addition, may obtain
an assessment against the property that is the subject of the violation if the Code violation
is designated as a civil infraction.
Section 4 Section 19-42(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-42. Appeal of decisions.
(a) Any defendant affected by a final order or judgment of a Referee under the
authority of this Article may appeal the Referee's final order or judgment to the Municipal
Court by filing a written notice of appeal with the Municipal Court Clerk within ten (10)
days after the entry of the final order or judgment and depositing with the Municipal Court
a fee for preparing the record, or portions thereof designated. Upon the filing of the notice
of appeal, no stay of execution of the Referee's order or action shall be granted until the
appellant has deposited with the Municipal Court a cash bond in the amount of any fines
and costs imposed by the Referee.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ingrid Decker
Page 76
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
David Lenz, Director, Financial Planning & Analysis
Randy Reuscher, Lead Rate Analyst, Utilities Finance
SUBJECT
Items Relating to Amending City Code to Adjust for Inflation the Following Fees: Capital Expansion
Fees; Transportation Expansion Fee; Electric Capacity Fee; Water Plant Investment Fee; Sewer
Plant Investment Fee; and Stormwater Plant Investment Fee.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 020, 2024, Amending Chapter 7.5 of the Code of the City of Fort
Collins to Increase for Inflation the Capital Expansion Fees and Transportation Expansion Fee.
B. Second Reading of Ordinance No. 021, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction of New
or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 022, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Plant Investment Fees.
D. Second Reading of Ordinance No. 023, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Sewer Plant Investment Fee.
E. Second Reading of Ordinance No. 024, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, make annual inflation
adjustments effective March 1, 2024, associated with the City’s Capital Expansion Fees, Transportation
Expansion Fee, Utility Plant Investment Fees, and Electric Capacity Fee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
During 2023, staff worked both internally and with external consultants to update the city’s development
related impact fees. This resulted in two study updates: the Capital Expansion Fee Study (CEF), covering
neighborhood and community parks, fire, police and general governmental services Capital Expansion
Page 77
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
Fees, and the Transportation Capital Expansion Fee Study (TCEF), covering the Transportation Expansion
Fee (TEF).
Additionally, the City’s utility organizations underwent their biennial internal update of their impact fee
models. During the August 8, 2023, work session with Council, the Water Supply Requirement and Excess
Water Use were discussed, and a decision was made to defer decisions around these two items until more
work was undertaken (which is expected to last throughout 2024).
During Council Finance Committee meetings on October 5, 2024 and December 14, 2024, the CEF and
TCEF Study updates were discussed with the committee. The Utility Water, Wastewater (Sewer), and
Stormwater Plant Investment Fees (PIFs) and Electric Capacity Fee (ECF) updates were also discussed.
Staff presented the background, methodologies, and findings of the external study updates and internal
utilities fee model updates. New fee schedules for all impact fees reflecting the study and model updates
were presented. Three options for fee updates were presented to the committee:
Defer the decision on the new fee structures until full Water Supply Requirements are determined in
2024 (for a January 1, 2025 effective date).
Adopt New Proposed Fee Structure for a Q2 2024 implementation after the April 2024 Council work
session on Water Supply Requirements.
Defer the decision on the New Fee Structure until the Water Supply Requirements are determined (for
a January 1, 2025 effective date) and adjust the current rates by the annual inflation index only in Q2
2024.
After discussion with the committee about the results of the study and fee model updates, the committee
recommended that staff proceed with inflation only adjustments to the CEF, TEF, Utility PIFs and Electric
Capacity Fee for 2024.
As provided in City Code Section 7.5-18, the CPI-U index for Denver-Aurora-Lakewood is used for CEFs
inflation (5.6%) and the Engineering News Record Construction Cost Index for TEF inflation (7.4%). Below
is a summary of the inflation adjustments for all six of these fees including the total adjustment for each fee
category:
For comparison purposes, the 2023 fees (effective January 1, 2023) increased by 8.6% for CEFs and 7.4%
for TEF.
For Utilities impact fees, staff also bases inflationary updates on the Engineering News Record
Construction Cost Index to adjust fees. This adjustment for 2024 is 7.4%. In 2023, the utility impact fees
were increased by 9%. The full detailed schedule of fee adjustments is included in the attached ordinances.
The tables below present a summary of the total fee component of development activity costs for both a
multi-unit complex and a detached, single/duplex example. The multi-family example is for a 48,000 square
foot development with 55 units. The single-family example is an 1,890 square foot floorplan.
Land Use Type Unit
N'hood
Park
Comm.
Park Fire Police
Gen.
Gov't TCEF Total
Total
% Δ
Residential, up to 700 sq. ft.Dwelling $2,226 $3,144 $545 $305 $742 $2,903 $9,865 6.1%
Residential, 701-1,200 sq. ft.Dwelling $2,980 $4,208 $737 $413 $1,001 $5,391 $14,730 6.2%
Residential, 1,201-1,700 sq. ft.Dwelling $3,255 $4,595 $802 $449 $1,093 $7,000 $17,194 6.3%
Residential, 1,701-2,200 sq. ft.Dwelling $3,288 $4,642 $815 $455 $1,110 $8,185 $18,495 6.4%
Residential, over 2,200 sq. ft.Dwelling $3,664 $5,175 $907 $507 $1,236 $8,774 $20,263 6.4%
Commercial 1,000 sq. ft.$686 $384 $1,877 $10,682 $13,629 7.0%
Office and Other Services 1,000 sq. ft.$686 $384 $1,877 $7,869 $10,816 6.9%
Industrial/Warehouse 1,000 sq. ft.$161 $90 $442 $2,540 $3,233 7.0%
Page 78
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
As noted in the utility commentary above, no increases for 2024 are included for the Water Supply
Requirement.
CITY FINANCIAL IMPACTS
The amount of impact fee collections in any given year depends on the volume of development activity.
Over the past few years, the city has collected approximately $11.1 million per year in Capital Expansion
Fees and Transportation Expansion Fees. Collections from Utility PIFs and the Electric Capacity Fee have
averaged approximately $6.6 million per year. Based on these volume estimates, the table below highlights
the monthly and annual impact on revenues with adoption of the of the inflation adjustments to the impact
fees.
For comparative purposes, the financial impact from the CEF and TCEF study updates and the utility model
updates discussed in the December 14, 2024, Council Finance Committee meeting are also shown below.
Type 2018 2019 2020 2021 2022 2023 2024
Capital Expansion Fees 320,692$ 398,425$ 448,585$ 460,753$ 469,536$ 509,916$ 538,471$
Transportation Capital Expansion 125,525$ 159,479$ 160,512$ 161,403$ 173,366$ 185,675$ 199,415$
Development Review, Permit, Infrastrucutre Fees 67,695$ 67,695$ 67,695$ 67,846$ 58,850$ 58,850$ 58,850$
Utility Fees 514,387$ 521,991$ 582,008$ 602,552$ 561,542$ 594,544$ 624,134$
Combined Fees 1,028,300$ 1,147,591$ 1,258,801$ 1,292,554$ 1,263,294$ 1,348,985$ 1,420,871$
Percentage Change Baseline 11.6%9.7%2.7%-2.3%6.8%5.3%
City Charged Fees: Multi-Unit Residence Example
Fee Type 2018 2019 2020 2021 2022 2023 2024
Capital Expansion Fees 6,038$ 7,630$ 8,591$ 8,824$ 8,992$ 9,764$ 10,310$
Transportation Capital Expansion Fees 5,150$ 6,543$ 6,586$ 6,623$ 7,115$ 7,621$ 8,185$
Development Review, Permits, Infrastructure Fees 2,532$ 2,532$ 2,532$ 3,314$ 2,792$ 2,792$ 2,792$
Utility Fees 21,907$ 22,321$ 25,517$ 26,353$ 35,992$ 37,485$ 38,569$
Combined Fees 35,627$ 39,026$ 43,226$ 45,114$ 54,891$ 57,662$ 59,856$
Percentage Change Baseline 9.5%10.8%4.4%21.7%5.0%3.8%
City Charged Fees: Single/Duplex Residence Example - 1890 sq. ft
Annual Revenue
($ 000)
Monthly Revenue
($ 000)Fee Increase %Annual Fee Increase
($ 000)
Monthly Fee Increase
($ 000)
CEF / TEF $11,053 $921 6.3%$700 $58
Utitlity PIFs and ECF $6,561 $547 7.4%$486 $41
Total $17,614 $1,468 6.7%$1,186 $99
Financial Impact - Inflation Adjustment to Fees
Annual Revenue
($ 000)
Monthly Revenue
($ 000)Fee Increase %Annual Fee Increase
($ 000)
Monthly Fee Increase
($ 000)
CEF / TEF $11,053 $921 15.0%$1,663 $139
Utitlity PIFs and ECF $6,561 $547 10.3%$677 $56
Total $17,614 $1,468 13.3%$2,340 $195
Financial Impact - Study and Model Updates to Fees
Page 79
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At the Council Finance Committee meeting on December 14, 2023, the committee recommended deferring
action on the fee study updates and adopting inflation-only adjustments to impact fees (except for the Water
Supply Requirements) as described above with an effective date of March 1, 2024.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Ordinance D for Consideration
5. Ordinance E for Consideration
Page 80
Item 9.
-1-
ORDINANCE NO. 020, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7.5 OF THE CODE OF THE CITY OF FORT
COLLINS TO INCREASE FOR INFLATION THE CAPITAL
EXPANSION FEES AND THE TRANSPORTATION EXPANSION FEE
A. The City is a home rule municipality having the full right of self-government
in local and municipal matters under the provisions of Article XX, Section 6 of the
Colorado Constitution.
B. Among the City’s home rule powers is the power to regulate, as a matter of
purely local and municipal concern, the development of real property within the City and
establish impact fees for such development.
C. The City Council has determined that new development should contribute
its proportionate share of providing the capital improvements that are typically f unded with
impact fees.
D. The City Council has broad legislative discretion in determining the
appropriate funding mechanisms for financing the construction of public facilities in the
City.
E. Article II of City Code Chapter 7.5 imposes as an impact fee on new
development capital expansion fees for community parkland, police, fire protection and
general government (collectively, “CEFs”) and a transportation expansion fee (the “TEF”).
F. Article V of City Code Chapter 7.5 imposes as an impact fee on new
development a capital expansion fee for neighborhood parkland (the “Neighborhood
Parkland CEF”).
G. City Code Section 7.5-18 provides that the CEFs, the Neighborhood
Parkland CEF and the TEF are to be increased or decreased annually for inflation .
H. Each of the CEFs is to be increased or decreased annually according to the
Denver-Boulder Consumer Price Index for Urban Consumers, as published by the Bureau
of Labor Statistics (the “CEF Inflation Factor”).
I. The TEF is to be increased or decreased annually according to t he
Engineering News Record Denver Regional Construction Cost Index (the “TEF Inflation
Factor”).
J. The CEF Inflation Factor increased by 5.6% in 2023 and the TEF Inflation
Factor increased by 7.4% in 2023.
K. The City Council has determined that it is in the best interest of the City and
its residents and necessary for the protection of the public’s health, safety and welfare,
Page 81
Item 9.
-2-
that effective March 1, 2024, the CEFs and the Neighborhood CEF should be increased
for inflation by 5.6% and the TEF should be increased for inflation by 7.4%, as hereafter
provided.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 7.5-28(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-28. - Community parkland capital expansion fee.
(a) There is hereby established a community parkland capital exp ansion fee which shall
be imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of community parks, as such improvements
may be identified in the capital improvements plan for community parkland. Such fee
shall be payable prior to the issuance of any building permit for a residential structure.
The amount of such fee shall be determined per dwelling unit as follows:
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. $2,977.00 $3,144.00
Resid., 701 to 1,200 sq. ft. 3,985.00 4,208.00
Resid., 1,201 to 1,700 sq. ft. 4,351.00 4,595.00
Resid., 1,701 to 2,200 sq. ft. 4,396.00 4,642.00
Resid., over 2,201 sq. ft. 4,901.00 5,175.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling
unit shall be based upon the average size of the dwelling units contained within each such
structure.
Section 2. Section 7.5-29(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-29. - Police capital expansion fee.
(a) There is hereby established a police capital expansion fee which shall be imposed
pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of police services, as such improvements may
be identified in the capital improvements plan for police services. Such fee shall be
payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. The amount of such fee shall be determined as follows:
Page 82
Item 9.
-3-
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. $289.00 $305.00
Resid., 701 to 1,200 sq. ft. 391.00 413.00
Resid., 1,201 to 1,700 sq. ft. 425.00 449.00
Resid., 1,701 to 2,200 sq. ft. 431.00 455.00
Resid., over 2,200 sq. ft. 480.00 507.00
Commercial buildings (per
1,000 sq. ft.) 364.00 384.00
Industrial buildings (per 1,000
sq. ft.) 85.00 90.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling
unit shall be based upon the average size of the dwelling units contained within each such
structure.
Section 3. Section 7.5-30(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-30. - Fire protection capital expansion fee.
(a) There is hereby established a fire protection capital expansion fee which shall be
imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of fire services, as such improvements may be
identified in the capital improvements plan for fire protection services. Such fee shall
be payable prior to the issuance of any building permit for a residential, commercial
or industrial structure. The amount of such fee shall be determined as follows:
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. 516.00 $545.00
Resid., 701 to 1,200 sq. ft. 698.00 737.00
Resid., 1,201 to 1,700 sq. ft. 759.00 802.00
Resid., 1,701 to 2,200 sq. ft. 772.00 815.00
Resid., over 2,200 sq. ft. 859.00 907.00
Commercial buildings (per
1,000 sq. ft.) 650.00 686.00
Page 83
Item 9.
-4-
Industrial buildings (per 1,000
sq. ft.) 152.00 161.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling
unit shall be based upon the average size of the dwelling units contained within each such
structure.
Section 4. Section 7.5-31(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-31. - General governmental capital expansion fee.
(a) There is hereby established a general governmental capital expansion fee which
shall be imposed pursuant to the provisions of this Article for the purpose of
funding capital improvements related to the provision of general governmental
services, as such improvements may be identified in the capital improvements
plan for general governmental services. Such fee shall be payable prior to the
issuance of any building permit for a residential, commercial or industrial structure.
The amount of such fee shall be determined as follows:
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. $703.00 $742.00
Resid., 701 to 1,200 sq. ft. 948.00 1,001.00
Resid., 1,201 to 1,700 sq. ft. 1,035.00 1,093.00
Resid., 1,701 to 2,200 sq. ft. 1,051.00 1,110.00
Resid., over 2,200 sq. ft. 1,170.00 1,236.00
Commercial buildings (per
1,000 sq. ft.) 1,777.00 1,877.00
Industrial buildings (per 1,000
sq. ft.) 419.00 442.00
In the case of duplexes and multi-family structures, the amount of the fee for each
dwelling unit shall be based upon the average size of the dwelling units contained within
each such structure.
Section 5. Section 7.5-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 84
Item 9.
-5-
Sec. 7.5-32. - Transportation expansion fee.
There is hereby established a transportation expansion fee which shall be imposed
pursuant to the provisions of this Article for the purpose of funding transportation
improvements related to the provision of transportation services. Such fees shall be
payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. These fees shall be deposited in the “transportation improvements
fund” established in § 8-87. The amount of such fee shall be determined as follows:
TRANSPORTATION EXPANSION FEE SCHEDULE
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. $2,703.00 2,903.00
Resid., 701 to 1,200 sq. ft. 5,020.00 5,391.00
Resid., 1,201 to 1,700 sq. ft. 6,518.00 7,000.00
Resid., 1,701 to 2,200 sq. ft. 7,621.00 8,185.00
Resid., over 2,200 sq. ft. 8,169.00 8,774.00
Commercial 9,946.00 10,682.00
Office and Other Services 7,327.00 7,869.00
Industrial/Warehouse 2,365.00 2,540.00
Section 6. Section 7.5-71(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. - Neighborhood parkland capital expansion fee.
(b) The amount of the fee established in this Section shall be determined for each
dwelling unit as follows:
2023
As of
March 1,
2024
Resid., up to 700 sq. ft. $2,108.00 $2,226.00
Resid., 701 to 1,200 sq. ft. 2,822.00 2,980.00
Resid., 1,201 to 1,700 sq. ft. 3,082.00 3,255.00
Resid., 1,701 to 2,200 sq. ft. 3,114.00 3,288.00
Resid., over 2,200 sq. ft. 3,470.00 3,664.00
Page 85
Item 9.
-6-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ryan Malarky
Page 86
Item 9.
-1-
ORDINANCE NO. 021, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS REGARDING CALCULATION AND COLLECTION OF
DEVELOPMENT FEES IMPOSED FOR THE CONSTRUCTION OF
NEW OR MODIFIED ELECTRIC SERVICE CONNECTIONS
A. The City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or
charges for utility services furnished by the City as will produce revenues sufficient to pay
the costs, expenses and other obligations of the electric utility, as set forth therein.
B. Pursuant to City Code Sections 26-473 through 26-475, the City imposes
development fees for new or modified electric service connection s, including an Electric
Capacity Fee (“ECF”) and a Building Site Charge (“BSC”).
C. The ECF is a one-time charge designed to recover the initial cost of adding
new development to the electric system, and the BSC is designed to recover actual time
and materials costs associated with building on site electric facilities at the specific
development.
D. The ECF and BSC together represent the total electric plant investment fee
for new development.
E. Fort Collins Utilities staff uses an approved cost allocation methodology to
calculate ECF and BSC to assign costs based on actual system value, i.e. the “buy -in”
approach also used to calculate service connection fees for water and wastewater
services.
F. The values and costs used in applying this cost allocation methodology are
reviewed and updated at least every two years.
G. At a regular meeting on October 12, 2023, the Energy Board considered
proposed 2024 ECF and BSC rate adjustments and recommended approval.
H. Based on the foregoing, it is the desire of the City Council to amend Chapter
26 of the City Code to update the values and costs applied in calculating ECF and BSC
for new or modified electric service connections.
In light of the foregoing recitals, which the Council hereby makes and adop ts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Subsections 26-474 (b) and (d) of the Code of the City of Fort Collins
are hereby amended to read as follows:
Page 87
Item 9.
-2-
Sec. 26-474. - Residential electric development fees and charges.
. . .
(b) The ECF shall be the total of the dwelling unit charge and systems
modification charge, to be determined as follows:
(1) The dwelling unit credit shall be as follows:
For upgrade of an existing single family panel size, to be applied against
the applicable ECF charge below
$1,950
(2) The dwelling unit charge shall be as follows:
a. Charge for a detached or attached single-family or multi-family panel
size with two hundred (200) amp service $2,455
c. Charge for a detached or attached single-family panel size with
three hundred and twenty (320) amp service $3,929
d. Charge for multi-family panel size with one hundred fifty (150) amp
service, per dwelling unit $1,725
. . .
(d) A Building Site Charge (“BSC”) for any new or modified residential
service shall consist of the total of the applicable charges as described
in this Subsection (d), and shall be paid as specified herein.
. . .
(2) When any new or modified residential service requires installation by
the Utility of secondary service the BSC shall include a secondary
service charge (SSC), and shall be paid at the time of building permit
and based upon the current rates as of the time of issuance of the
building permit. The SSC for detached single -family and duplex
residences shall be the total of the secondary service charges,
determined as follows:
a. The secondary service charge shall be as follows:
Page 88
Item 9.
-3-
Secondary
Service Size
Charge
(up to 65 feet)
Plus Per-Foot
Charge for
Each Foot Over 65
4/0 service $2,206.00 $10.95 /Foot
4/0 Mobile Home
Service
$1,877.00 N/A
. . .
Section 2. Subsections 26-475 (b) and (d) of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 26-475. Nonresidential electric development fees and charges.
. . .
(b) The ECF shall be the total of the kVA service charge and systems
modification charge, to be determined as follows:
(1) The kVA service charge shall be determined as follows.
a. For customer electric loads served by the utility, the kVA
service charge shall be calculated as follows:
ECF shall be calculated as follows:
secondary metered services $/kW = $425.91 + $27.23 x ln(kW)
primary metered services $/kW = $283.34 + $7.40 x ln(kW)
Where ln is the natural logarithm
kW is calculated as follows:
three phase services kW = A x V x SQRT(3) x PF x 0.3/1000
single phase services kW = A x V x PF x 0.3/1000
Where A is the requested amperage, calculated individually and
aggregated under subsection (a) above. V is requested line to line
voltage. PF is the power factor, which is assumed to be 0.9.
. . .
(d) A Building Site Charge (“BSC”) for extending primary circuitry to the
transformer for any new or modified nonresidential service shall be
Page 89
Item 9.
-4-
invoiced and paid in the same manner and at the same time as the ECF
is invoiced and paid pursuant to § 26-475(a). The BSC shall be the total
of the primary circuit charge, transformer installation charge and any
additional charges, determined as follows:
(1) The primary circuit charge for service from the utility source to the
transformer shall be as follows:
a. For single-phase service, per foot of primary
circuit $23.90
b. For three-phase service, per foot of primary
circuit $42.20
(2) The transformer installation charge shall be as follows:
a. For single-phase service, per transformer $2,266.26
b. For three-phase service, per transformer $5,052.62
. . .
Section 3. The modifications set forth above shall be effective for all fees paid
on or after March 1, 2024.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Cyril Vidergar
Page 90
Item 9.
-1-
ORDINANCE NO. 022, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO REVISE WATER PLANT INVESTMENT FEES
A. The City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain,
and provide for the collection of such rates, fees or charges for water and for other utility
services furnished by the City as will produce revenues sufficient to pay the costs,
expenses, and other obligations as set forth therein.
B. Article III, Chapter 26 of the City Code establishes and sets forth the water
utility as a utility service furnished by and as an enterprise of the City.
C. City Code Sections 26-120 and 26-128 provide for water plant investment
fees (“WPIFs”) to be based on and used for growth-related capital expansion costs of
water supply, storage, transmission, treatment and distribution, and administrative
facilities that are reasonably related to the overall costs of and required in providing water
services to serve new development.
D. City Code Section 26-120 further requires that the City Manager annually
review the parameters and rates of the WPIFs and also requires that the City Manager
present such fees to the City Council for approval no less frequently than biennially.
E. The City Manager and City staff have also recommended to the City Council
adjustment of the WPIFs, as set forth herein.
F. Based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the WPIFs as set forth herein.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. Schedule C, water plant investment fees.
The water plant investment fee prescribed in § 26-120 shall be payable by users
both inside and outside of the City, as follows:
(1) Single-family residential buildings.
For a single-family residential lot greater than one-half (½) acre
in size, the lot size shall be deemed to be one-half (½) acre for
the purpose of this fee calculation. For each additional tap or
Page 91
Item 9.
-2-
meters larger than three-fourths (¾) inch, the nonresidential rate
shall apply.
a. For the first three-fourths-inch water tap or meter $914.00
b. For the first one-inch water tap or meter to accommodate
residential fire suppression systems based upon the criteria
established in the International Building Code as adopted and
amended pursuant to Chapter 5 of this Code.
$1,548.00
c. Plus, for each square foot of lot area $0.494
(2) Residential buildings of two (2) or more dwelling units
(including fraternity and sorority multi-family housing)
The fee will provide for one (1) tap per residential building and
an adequate number of additional taps to serve common
irrigable areas, if any. The number and size of taps shall be
determined by the Utilities Executive Director based upon the
criteria established in the Uniform Plumbing Code as amended
pursuant to Chapter 5 of this Code.
a. For each residential building unit $690.00
(3) Mobile home parks
The size of the tap shall be determined by the Utilities
Executive Director based upon the criteria established in the
Uniform Plumbing Code as amended pursuant to Chapter 5 of
this Code.
a. For each residential building unit $690.00
b. Plus, for each square foot of lot area to be irrigated with
the tap serving the residential building unit
$0.365
(4) Hotels, fraternity and sorority dormitory housing, and similar
uses.
The nonresidential rate shall apply.
(5) Nonresidential service
a. Service to all nonresidential taps other than irrigation-only
taps in subsection b shall be charged according to the size of
the meter pursuant to the following schedule:
Meter Size (inches) Non-
residential
Non-Irrigation-
Only
WPIF
¾ $5,367.00
1 $13,454.00
1½ $24,794.00
2 $48,727.00
The fee for such meters larger than two (2) inches shall be
calculated by multiplying the estimated peak daily demand, as
determined by the Utilities Executive Director, by the following
$6.54
Page 92
Item 9.
-3-
charge per gallon, but shall not be less than the charge for a
two-inch meter.
b. Service to all irrigation-only taps shall be charged
according to the size of the meter pursuant to the following
schedule:
Meter Size (inches) Non-
residential
Irrigation
Only
Plant WPIF
¾ $17,397.00
1 $39,754.00
1½ $98,872.00
2 $151,109.00
The fee for meters larger than two (2) inches shall be
calculated by multiplying the estimated peak daily demand
approved by the Utilities Executive Director by the following
charge per gallon, but shall not be less than the charge for a
two-inch meter.
$6.54
. . .
Section 3. The modifications set forth above shall be effective for all fees paid
on or after March 1, 2024.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Eric Potyondy
Page 93
Item 9.
-1-
ORDINANCE NO. 023, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO REVISE SEWER PLANT INVESTMENT FEES
A. The City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain,
and provide for the collection of such rates, fees or charges for water and for other utility
services furnished by the City as will produce revenues sufficient to pay the costs,
expenses, and other obligations as set forth therein.
B. Article IV, Chapter 26 of the City Code establishes and sets forth the
wastewater utility as a utility service furnished by and as an enterprise of the City.
C. City Code Sections 26-283 and 26-284 provide for sewer plant investment
fees (“SPIFs”) to be based on and used for growth-related capital expansion costs of
wastewater collection, transmission, treatment, and administrative facilities that are
reasonably related to the overall costs of and required in providing wastewater services
to serve new development.
D. City Code Section 26-283 further requires that the City Manager annually
review the parameters and rates of the SPIFs and also requires that the City Manager
present such fees to the City Council for approval no less frequently than biennially.
E. The City Manager and City staff have also recommended to the City Council
adjustment of the SPIFs.
F. Based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the SPIFs as set forth herein.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 26-284 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-284. - Sewer plant investment fees and surcharges established.
(a) The schedule of sewer plant investment fees, subject to the exceptions and
additional requirements provided in this Section, is as follows:
Category SPIF
A Single-family Per
dwelling $4,476.00
Page 94
Item 9.
-2-
B and C Duplex and Multi-family
Per each
dwelling
unit or
mobile
home
space
$3,230.00
D, E, F Non-residential and Industrial
Water meter size (inches) Fee Fee
¾ $9,612.00
1 $21,433.00
1½ $40,334.00
2 $83,685.00
3 and above
Calculated on an individual basis
based on peak wastewater flow
(determined in the manner set
forth hereinafter) but not less than
the charge for a two-inch meter
G User outside Same as equivalent category, plus
any special sanitation district fees
H Special Determined pursuant to
Subsection (d) of this Section
. . .
(d) The amount of the plant investment fee and surcharge for each nonresidential
surcharged user, users in Category H and any user that is expected to generate
greater than its proportionate share of peak day flow at the treatment plant for
the applicable category (including both contributed wastewater volume and
volume related to infiltration and inflow), shall be calculated utilizing the
following formula:
SPIF = Site Flow × [Flow$ + (BOD × BOD$) + (TSS × TSS$)] + I&I Flow × [Flow$ + (200
mg/l × BOD$) + (250 mg/l × TSS$)]
Page 95
Item 9.
-3-
Where:
SPIF =
Plant investment fee for Category H users and
users discharging wastewater with average
concentrations of BOD and/or TSS which exceed
those average concentrations which are set forth
in § 26-282(b) under Category E-34
Site
Flow =
The user's proportionate share of peak day flow at
the treatment plant based on site flow discharge
from user's site
I&I Flow =
That proportionate share of peak day flow due to
infiltration and inflow as allocated to user's site
flow discharge. I&I Flow is calculated based on
Site Flow multiplied by
46.5%
Flow$ = Unit cost of facilities attributable to treating
wastewater flow
Per
Gallon $12.22
BOD =
Average BOD concentration for user category or
measured BOD concentration for the user as
determined in accordance with Subsection (c) of
this Section, but not less than 200 mg/l
BOD$ = Unit cost of facilities attributable to treating BOD Per mg/l $0.0183
TSS =
Average TSS concentration for user category or
measured TSS concentration for the user as
determined in accordance with Subsection (c) of
this Section, but not less than 250 mg/l
TSS$ = Unit cost of facilities attributable to treating TSS Per mg/l $0.0146
. . .
Section 3. The modifications set forth above shall be effective for all fees paid
on or after March 1, 2024.
Page 96
Item 9.
-4-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Eric Potyondy
Page 97
Item 9.
-1-
ORDINANCE NO. 024, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO REVISE THE STORMWATER PLANT
INVESTMENT FEES
A. The City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain,
and provide for the collection of such rates, fees or charges for water and for other utility
services furnished by the City as will produce revenues sufficient to pay the costs,
expenses, and other obligations as set forth therein.
B. Article VII, Chapter 26 of the City Code establishes the stormwater utility as
a utility service furnished by and as an enterprise of the City.
C. City Council has adopted stormwater basin and City-wide master plans
recommending stormwater facilities necessary to provide for proper drainage and control
of flood and surface waters within the City.
D. In 1998, City Council adopted Ordinance No. 168, 1998, determining that
all lands within the City benefit by the installation of such stormwater facilities.
E. Existing stormwater rate payers have paid for the design, right-of-way, and
construction of stormwater facilities identified in the drainage basin master plans that will
benefit and be utilized by new development.
F. City Council has determined that new development should pay its
proportionate share of the costs of capital stormwater facilities in existence at the time of
development in the form of a stormwater plant investment fee as established by City Code
Section 26-512 (“Stormwater PIF”).
G. City Code Section 26-511 requires that the City Manager review the rates
and parameters for the Stormwater PIF annually and present them to City Council for
approval no less frequently than biennially.
H. The City Manager and City staff have also recommended to the City Council
adjustment of the Stormwater PIF as set forth herein .
I. Based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the Stormwater PIF as set forth herein.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 98
Item 9.
-2-
Section 1. Section 26-512 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-512. - Stormwater plant investment fees established.
. . .
(2) Plant investment fee base rate. The stormwater plant investment fee
base rate is hereby established as follows:
Per gross acre of area $11,834
. . .
Section 2. The modifications set forth above shall be effective for all fees paid
on or after March 1, 2024.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Eric Potyondy
Page 99
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Civil Engineer
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 025, 2024, Adopting the 2024 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, adopts the 2024 Larimer
County Regional Transportation Capital Expansion Fee Schedule.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In 2000, the City and Larimer County (“County”) entered into an intergovernmental agreement (“IGA”)
authorizing the City to collect Larimer County Regional Transportation Capital Expansion Fees (“Regional
TCEFs”) on behalf of the County. The Regional TCEFs generate revenue for capacity-related
improvements to regionally significant roadways that are necessitated by new development. The regional
TCEFs are used only for improvements that mutually benefit both the City and the County. Regional TCEFs
are collected at the time of issuance of a building permit.
Per the IGA, the County serves as the Regional TCEF administrator and is responsible for developing
project recommendations for fee utilization. The County’s recommendations typically are based on the
County’s Transportation Master Plan, a document that identifies regionally significant roadways. Once a
project has been identified, City and County staff work together to determine Regional TCEF funding
allocations. Regional TCEFs frequently are leveraged with other funds to support larger scale capital
projects and can fully support small scale capacity related improvements.
The City and County previously have partnered to design and construct several projects along regionally
significant roadways using Regional TCEFs, including improvements to Taft Hill Road, Shields Street, and
the Shields Street/Vine Drive intersection. City and County staff continue to collaborate on efficient and
effective uses for the Regional TCEF funds; most recently agreeing to use these funds to improve a section
of Taft Hill Road between Horsetooth Road and Harmony Road.
The Larimer County Land Use Code specifies that its Regional TCEF must be updated annually to reflect
changes in road construction costs during the previous year. In July 2023, the County adopted a revised
Page 100
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
fee schedule which increased the Regional TCEF by 22.4%. A copy of the June 6, 2023, “Transportation
Capital Expansion Fee Adjustments for 2023” memorandum to the Larimer County Board of County
Commissioners outlining the revised fees is attached as Exhibit A to the Ordinance.
The Regional TCEF increase of 22.4% is based on the Colorado Construction Cost Index reported by the
Colorado Department of Transportation (eight-quarter moving average) and was previously adjusted in
2023 to 3.9%. In comparison, the City TCEF inflation increase of 7.4% also presented to Council on
February 6 for consideration on first reading is based on the Construction Cost Index (Denver) reported by
the Engineering News Record (twelve-month average ending in August). As has been the case with
previous yearly inflation updates, the City and County agreed to move forward with recommending this
inflation adjustment concurrent with the inflation increase for TCEF.
The revised (2024) Regional TCEFs, along with a comparison to the 2023 Regional TCEFs, are as follows:
Development Type 2023 Regional
Road TCEF
2024 Regional
Road TCEF
Increase
or Decrease
Residential (per Dwelling) by Square Feet of Finished Living Space
900 or less $191 $233 $42
901 to 1300 $268 $327 $59
1301 to 1800 $324 $396 $72
1801 to 2400 $380 $464 $84
2401 to 3000 $426 $520 $94
3001 to 3600 $462 $564 $102
3601 or more $495 $605 $110
Nonresidential (per 1,000 Square Feet of Floor Area)
Commercial $498 $610 $112
Office & Other Services $294 $360 $66
Industrial $118 $144 $26
The revised fees became effective within the County on July 1, 2023. Under the IGA, revisions to the
Regional TCEFs do not take effect in the City until Council approves a new fee schedule.
CITY FINANCIAL IMPACTS
The fees are collected on behalf of Larimer County and the Regional TCEF program. Revenues from the
fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20 of
the Constitution of the State of Colorado. The City retains a 2% administrative fee. Adoption of the Regional
TCEF Schedule will result in an increase to development fee payers.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 101
Item 10.
-1-
ORDINANCE NO. 025, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2024 LARIMER COUNTY REGIONAL
TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE
A. The City and Larimer County (the “County”) previously entered into an
intergovernmental agreement (the “IGA”), as amended from time to time, whereby the
City collects a Regional Transportation Capital Expansion Fee (also known as a “regional
road impact” fee) on behalf of Larimer County at the time of issuance of building permits,
which fee raises revenue for road improvements on regionally significant roadways that
are necessitated by new development.
B. The City and the County have established a procedure pursuant to City
Code Section 7.5-82 for the City Council to consider and approve any County-proposed
changes to the Regional Transportation Capital Expansion Fee schedule (the “Regional
TCEF Schedule”) to reflect changes in construction costs, or other relevant factors.
C. The last changes to the Regional TCEF Schedule were accomplished by
City Council’s adoption of Ordinance No. 142, 2022, and the County in 2023 adopted a
revised fee schedule (referenced on the attached Exhibit as the “2023” fee schedule) that
increases the Regional TCEF by 22.4%, reflecting increases in road construction costs
based on an eight-quarter moving average calculated from the Colorado Construction
Cost Index data compiled by the Colorado Department of Transportation.
D. Under the terms of the IGA, revisions to the Regional TCEF Schedule do
not take effect in the City until the City Council approves the new fee schedule.
E. The City Council has determined that it is in the best interests of the City
that the County’s proposed changes to the Regional TCEF Schedule be adopted to
further the public interest of adequately funding road improvements that are necessitated
by new developments along regionally significant roadways that impact the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the 2024 Larimer County Regional Transportation Capital
Expansion Fee Schedule attached hereto as Exhibit “A” and incorporated herein by
reference is hereby adopted and approved and shall go into eff ect in Fort Collins upon
the effective date of this Ordinance.
Page 102
Item 10.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ryan Malarky
Page 103
Item 10.
LARIMER COUNTY | ENGINEERING DEPARTMENT
P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org
MEMORANDUM
TO: Board of County Commissioners
FROM: Mark Peterson, County Engineer
DATE: June 6, 2023
RE: Transportation Capital Expansion Fee Adjustments for 2023
Since 1998, under the terms of the Land Use Code, Larimer County has been collecting transportation
capital expansion fees (TCEF) from new traffic generating development to be used for improvements to
the road system to accommodate the increase in traffic generated by the new development. The
current Land Use Code specifies an effective date for the annually updated TCEF’s as July 1st, which is
consistent with the effective date for the annual cost of living updates for the Planning and Building
Department fees.
This memorandum is intended as notification to the Board of County Commissioners that the annual
review of the Larimer County Transportation Capital Expansion Fees (TCEFs) for 2023 is resulting in an
increase of 22.4% from the 2022 values. As an example of what this change would mean, the TCEF on
a new single-family home (between 1,801 SF – 2,400 sf) would increase by $1,102, from $4,923 to
$6,025. See the table below for the complete current 2023 fee schedule and the schedule that would
be effective based on a 22.4% increase.
The methodology for the adjustment in the TCEF’s each year is specified in the Land Use Code and is
intended to reflect changes in road construction costs. The data is based on an 8-quarter moving
average calculated from Colorado Construction Cost Index quarterly data compiled and reported by the
Colorado Department of Transportation (CDOT).
The procedure spelled out in the Land Use Code states that, if the change in fees is less than or equal to
5%, the new fees become effective without further action by the BCC. If the change in fees is greater
than 5%, the BCC shall determine the rate adjustment and corresponding 2023 TCEF rate schedule.
Since this year’s calculated percent change of 22.4% is greater than 5%, Board approval is required to
establish the 2023 TCEF Rate Schedule. Staff is seeking Board approval of the proposed 2023 TCEF Rate
Schedule based on the calculated 2023 adjustment of 22.4%. The annual adopted fee schedule is
typically made effective July 1, 2023.
EXHIBIT A TO ORDINANCE NO. , 2024
Page 104
Item 10.
Transportation Capital Expansion Fee Adjustments
Page 2
2023 Transportation Capital Expansion Fee Schedule
Residential TCEF
Finished Living Space per Dwelling
(Square Feet)
2022 TCEF
($)
2023 TCEF
(with 22.4% Increase)
($)
900 or less $2,489 $3,046
901-1300 $3,491 $4,272
1301-1800 $4,205 $5,146
1801-2400 $4,923 $6,025
2401-3000 $5,524 $6,760
3001-3600 $6,013 $7,358
3601 or more $6,427 $7,866
Commercial Use per 1,000 SF of Floor
Area
2022 TCEF 2023 TCEF
(with 22.4% Increase)
($) ($)
Industrial $1,531 $1,874
Commercial $6,450 $7,895
Office & Other Services $3,796 $4,646
EXHIBIT A TO ORDINANCE NO. 025, 2024
Page 105
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Heather McDowell, Special Projects Manager
Matt Fater, Director of Civil Engineering
Gerry Paul, Director of Purchasing
SUBJECT
Second Reading of Ordinance No. 026, 2024, Authorizing the Purchasing Agent to Enter into a
Contract for Professional Services in Excess of Five Years for the Proposed Oak Street Stormwater
Improvements Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the City’s
purchasing agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years
in length, for professional services for the proposed Oak Street Stormwater Improvements Project. The
contract authorized under the proposed ordinance could be extended up to the life of the project. Design
for the project began in 2020, construction is anticipated to begin in 2024 with a 2-year duration, and project
close-out may take several months, making the overall duration of the project seven (7) years or more.
Under this scenario and without this proposed ordinance, the design contract would expire while the project
is under construction, a situation that would result in logistical and cost ramifications for the City and the
project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Anderson Consulting Engineers, Inc. is the lead engineer for the Oak Street project. Although the current
contract with Anderson Consulting Engineers, Inc. will not expire until August 2025, the project construction
is not anticipated to be completed until Fall 2026. As the lead engineer, Anderson Consulting Engineers,
Inc. support during construction is critical. City Code Section 8-186(a) states no contract for materials,
services or professional services, including all renewals, shall be made by the City for a period longer than
five (5) years, unless authorized by ordinance, which ordinance shall not be passed as an emergency
ordinance.
Design and construction for a project the size and complexity of the Oak Street Stormwater Improvements
Project takes several years and is conducted in many phases. With that, it is essential to have a consistent
team of design professionals throughout the life of the project so that their collective and in -depth
knowledge of the project can be used to guide the project until its final completion and close-out.
Page 106
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The timeline of the project is approximately seven (7) years, as follows:
Conceptual (30%) Design and Outreach: September 2020 – July 2021
Preliminary (60%) Design and Cost Confirmation: August 2021 – February 2022
Final (100%) Design and Bid Documents: June 2022 – July 2023
Construction RFP and Contract: August 2023 – January 2024
Pre-construction and Outreach: January 2024 – Aug 2024
Construction: August 2024 –Winter 2026 (total anticipated duration is 24-30 months)
Post-construction: Winter 2026 – Spring 2027
The project was initiated in August 2020 with the hiring of the design consultant firm, Anderson Consulting
Engineers, Inc. This firm is under contract through a Professional Services Agreement with an effective
date of August 3, 2020. The contract can be renewed for additional one-year periods for up to 4 years (5
years total), making the final expiration date of the contract no later than August 2, 2025. Anderson
Consulting Engineers, Inc. is the design firm under contract with the City, however, it should be noted that
there are several other professional subconsultants listed in the contract. These subconsultant services
are for public engagement, landscape architecture, irrigation, structural engineering, geotechnical
engineering, surveying, and tunnel engineering. The design professional team plays an integral role during
construction because of their in-depth knowledge of the project, goals and objectives of the project,
standards and design guidelines, technical information, design decisions and clarifications, and risks
associated with the project. The team of professionals that are hired for a project of this size are expected
to participate in all stages of the design process and to have continued involvement throughout the duration
of construction and close-out.
The adoption of this ordinance will allow continued services, as needed, from Anderson Consulting
Engineers, Inc. as well as the subconsultants included within their Professional Services Agreement, for
the life of the project.
CITY FINANCIAL IMPACTS
This is a cost avoidance measure. Cost efficiencies will be realized by the City if the purchasing agent can
enter into contracts for professional services in excess of five years for the Oak Street project.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 107
Item 11.
-1-
ORDINANCE NO. 026, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER INTO A
CONTRACT FOR PROFESSIONAL SERVICES IN EXCESS OF
FIVE YEARS FOR THE PROPOSED OAK STREET
STORMWATER IMPROVEMENTS PROJECT
A. Effective August 3, 2020, the City entered into a five-year Professional
Services Agreement (“Agreement”) with Anderson Consulting Engineers, Inc. to provide
lead design engineering services and subconsultant coordination for the Oak Street
Stormwater Improvement project (“Project”).
B. Project design began in 2020, construction is anticipated to begin in 2024
with a 2-year duration, and the overall project timeline is anticipated to be seven or more
years.
C. The City’s Purchasing Agent has determined that Anderson Consulting is
currently performing services well and to the satisfaction of the City under the Agreement,
which will expire before the anticipated Project completion date.
D. The Purchasing Agent has further determined it is advisable to extend the
Agreement beyond the initial five-year term, without a new competitive process, so the
City may continue receiving high-quality consulting services from Anderson Consulting
and the professional subconsultants it manages on the Project.
E. City Code Section 8-186(a) requires that City Council authorize by
ordinance any contract for services with a potential total term over five years in length.
F. The Purchasing Agent recommends City Council authorize extending the
Agreement beyond August 2025, to allow continued services, as needed, from Anderson
Consulting and the subconsultants identified in the Agreement, ensuring stability in the
delivery of services through Project completion.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby authorizes, pursuant to City Code
Section 8-186(a), the Purchasing Agent to extend the Professional Services Agreement
between the City and Anderson Consulting Engineers, Inc. for lead engineering services
on the Oak Street Stormwater Improvement project until December 31, 2027, without a
new competitive process.
Section 2. That the City Council hereby finds that extension of the Project
agreement will benefit ratepayers by providing stability in the delivery of design,
Page 108
Item 11.
-2-
landscape architecture, irrigation, structural, geotechnical and other engineering services
through the Project life.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Cyril Vidergar
Page 109
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Donahue, Natural Areas Director
Julie Feder, Environmental Planning Manager
Tawnya Ernst, Land Conservation Lead Specialist
SUBJECT
Second Reading of Ordinance No. 027, 2024, Authorizing the Mayor to Execute an Easement
Agreement with Larimer County, the City of Loveland and South Fort Collins Sanitation District
Regarding an Existing Sewer Line on Long View Farm Open Space.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, seeks authorization to
approve conveyance of a sewer line easement to South Fort Collins Sanitation District (SFCSD) across
Long View Farm Open Space. This easement is intended to formally document an existing sewer line that
was installed in 1981 prior to the purchase of Long View Farm Open Space.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Long View Farm Open Space was purchased in 1997 in partnership with Larimer County and the City of
Loveland. Larimer County (50%) is the majority owner, with the City of Fort Collins (33%) and City of
Loveland (17%) owning the remaining interests. At the time of purchase, the property was subject to
several utility and right of way easements of record. Unfortunately, the sewer line was not properly
documented at the time it was installed in 1981 by SFCSD and its existence was not known to County,
Fort Collins or Loveland staff until the summer of 2023 when SFCSD needed access to perform
maintenance on the line. The undocumented sewer line runs north to south immediately west of the right
of way line for U.S. Highway 287.
Subsequently, County, City, City of Loveland and SFCSD staff have worked to prepare an easement
document and to survey the existing line. See attached legal description and depiction. The easement will
document the sewer line’s existence, its location and define the parameters for access, notification,
restoration and erosion control.
Page 110
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
No costs will be incurred by the City of Fort Collins for this easement. Survey costs were covered by
SFCSD. County, Fort Collins and Loveland staff did not feel compensation would be appropriate since the
sewer line pre-dated our ownership and the property was subject to the sewer line, even though it was not
recorded.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its December 13, 2023, meeting, the Land Conservation and Stewardship Board voted unanimously to
recommend that Council approve the granting of a permanent sewer line easement to South Fort Collins
Sanitation District across Long View Farm Open Space in order to document an existing sewer line.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 111
Item 12.
-1-
ORDINANCE NO. 027, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT
AGREEMENT WITH LARIMER COUNTY, THE CITY OF LOVELAND
AND SOUTH FORT COLLINS SANITATION DISTRICT REGARDING
AN EXISTING SEWER LINE ON LONG VIEW FARM OPEN SPACE
A. The City of Fort Collins purchased Long View Farm Open Space in 1997 in
partnership with Larimer County and the City of Loveland (the “Owners”). Larimer County
owns fifty percent of the property, with the City of Fort Collins owning thirty-three percent
and the City of Loveland owning the remaining seventeen percent interest.
B. At the time of purchase, Long View Farm Open Space was subject to
several utility and right-of-way easements of record. Additionally, South Fort Collins
Sanitation District (“SFCSD”) possessed a sewer line across the property.
C. This sewer line was not recorded at the time it was installed in 1981 by
SFCSD and the existence of the sewer line was not known to the Owners’ staffs until the
summer of 2023 when SFCSD needed access to perform maintenance on the sewer line.
The undocumented sewer line runs north to south immediately west of the right -of-way
line for U.S. Highway 287.
D. The parties agree that it is in the best interests of both the Owners and
SFCSD for the sewer line to be in a documented and recorded easement and they have
negotiated an Easement Agreement, attached hereto as Exhibit A and incorporated
herein by this reference (the “Easement”).
E. The Easement describes the rights granted to SFCSD to access and
maintain the sewer line. The Easement further requires SFCSD to promptly restore
vegetation and control erosion in any disturbed areas, in accordance with the Larimer
County Resource Protection and Restoration Standards. The Easement also allows the
Owners to manage the area of the Easement for open space uses and to have access to
and across the area of the Easement. It also provides that SFCSD is liable for damages
resulting from the use or operation of the sewer line.
F. Section 23-111 of the City Code authorizes the City Council to dispose of
interests in real property owned in the name of the City provided that the City Council first
finds, by ordinance, that such disposition is in the best interests of the City.
G. Section 23-114 of the City Code authorizes the City Council to dispose of
interests in real property for less than fair market value provided that the City Council
determines that such disposition serves a bona fide public purpose.
H. City staff recommends that the City grant the Easement at no cost to the
SFCSD. The City Council concurs and determines that the disposition of this property
Page 112
Item 12.
-2-
interest serves a bona fide public purpose in accordance with the requirements of Section
23-114 of the City Code because:
1. The Easement promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins because it allows for the continued
operation and maintenance of a sewer line that is part of a network of sewer lines that
serves residents of Fort Collins;
2. The continued use of the sewer line supports the City’s goal of maintaining
a functional sewer system to serve the residents of Fort Collins;
3. The financial support provided through the grant of the Easement to SFCSD
can be leveraged through benefits to the cooperative relationship with SFCSD, the
County and the City of Loveland;
4. The financial benefit to SFCSD is not substantial relative to the public
purpose of maintaining an operational sewer line; and
5. The grant of the Easement will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed for primary City
functions or responsibilities because the sewer line already exists, does not hinder City
operations and the recordation of the Easement requires minimal City resources.
I. The City Council finds that granting the Easement on Long View Farm Open
Space as described above is in the best interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Mayor to execute the
Easement Agreement consistent with this Ordinance, together with such 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, including any necessary
changes to the legal description of the Easement, as long as such changes do not
materially decrease the size or change the character of the Easement.
Page 113
Item 12.
-3-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ted Hewitt
Page 114
Item 12.
GRANT OF EASEMENT
THIS AGREEMENT made as of the ___ day of _____________________, 2024, between
LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS, County of Larimer, State of
Colorado, THE CITY OF FORT COLLINS, COLORADO and THE CITY OF LOVELAND
COLORADO (collectively, the GRANTOR), and SOUTH FORT COLLINS SANITATION
DISTRICT, a quasi-municipal corporation and political subdivision of the state of Colorado
organized and existing pursuant to Article 1, Title 32, C.R. S. (GRANTEE), represented by the
officer executing this agreement.
WITNESSETH:
Prior to GRANTOR owning the land subject to the easement described hereby, GRANTEE
constructed and has operated and maintained a sanitary sewer main line since approximately 1980.
By this Grant of Easement (the Easement), the parties desire to document and define such existing
easement. Therefore, the parties hereto covenant and agree as follows:
1. The GRANTOR, for and in consideration of the sum of ten dollars ($ 10.00) and the provisions
contained in this agreement, does hereby grant and convey to the GRANTEE, and its
successors, licensees, lessees and assigns, a perpetual, non-exclusive easement for a sanitary
sewer main line and appurtenances, in, upon, over, and under the land described in Exhibit A
(the Easement Area), attached hereto and made a part hereof.
2. The grant of easement shall include the right to access and enter the above-described Easement
Area and to locate, survey, construct, reconstruct, operate, maintain, repair, rebuild, upgrade,
remove, and monitor structures and appurtenances thereto. GRANTEE must exercise
reasonable care and minimize any interference with GRANTOR’s use and possession of the
land.
3. The GRANTEE, in exercising the rights granted by this Easement, shall promptly restore
vegetation and control erosion in any disturbed areas, including areas used for access, in
accordance with the current Larimer County Resource Protection and Restoration Standards.
This shall include vegetation establishment, weed control and soil erosion.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 115
Item 12.
4. The GRANTEE shall exercise due care and diligence in the exercise of rights and privileges
granted herein. The GRANTEE agrees to repair or reasonably compensate the GRANTOR for
damage to vegetation and other resources that occurs as a result of the exercise of the rights
granted herein, except as provided for in Section 3, above.
5. The GRANTOR is the sole owner of the property over which this Easement is granted and has
the lawful right to convey this easement interest.
6. The GRANTOR shall have the right to manage the Easement Area for open space uses, as
consistent with a land management plan to be developed by the GRANTOR and have access
to and across the Easement Area described herein for any purposes which will not constitute a
safety hazard or unreasonably interfere with any of the rights and privileges herein granted to
the GRANTEE. The GRANTEE must notify the GRANTOR in writing of any activity of the
GRANTOR within the Easement Area that it determines to be a safety hazard or which
unreasonably interferes with any of the rights and privileges herein granted to the GRANTEE;
for any such activity, the parties shall confer and agree upon a reasonable approach to
accommodate both parties’ activities to the extent possible.
7. The following activities are prohibited within the Easement Area unless written permission is
granted by the GRANTEE, which shall not be unreasonably withheld:
i) GRANTOR shall not erect any structures; by way of example, structures shall include,
but are not limited to buildings, mobile homes, signs, light standards, storage tanks, or
similar facilities;
ii) GRANTOR shall not drill wells or conduct mining operations; and
iii) GRANTOR shall not appreciably change the character of existing topography.
8. In the event of permanent abandonment of any or all rights to the Easement granted herein to
the GRANTEE, GRANTEE shall execute and record a quitclaim deed in favor of the
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 116
Item 12.
GRANTOR, or its successors, to terminate the Easement. The GRANTEE, or its assigns, shall
remove, within a reasonable time, all structures, facilities, and equipment placed in, upon,
under or over the Easement by or on behalf of the GRANTEE from the Easement Area whether
before or after execution of the quitclaim deed.
9. The provisions hereof shall inure to the benefit of and be binding upon the heirs, executors,
personal representatives, administrators, successors, and assigns of the GRANTOR, and the
licensees, lessees, and assigns of the GRANTEE.
10. The GRANTEE agrees it is solely responsible for the maintenance of any structures, facilities,
or equipment that GRANTEE places within the easement. Further, GRANTEE agrees to be
responsible and liable for any damages resulting from those structures, facilities, and
equipment and any activities relating to those structures, facilities, and equipment.
11. At the time of construction, GRANTEE acquired an easement and consent from North Louden
Ditch and Reservoir Company for the right to construct a sewer line over, under or across the
North Louden Ditch. That easement and consent are attached as Exhibit B and incorporated
herein.
12. This Easement 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
Easement invalid or unenforceable, such holding shall not invalidate or render unenforceable
any other provision of this Easement. This Easement shall be governed by the laws of the State
of Colorado, and venue shall be in the County of Larimer, State of Colorado.
IN WITNESS WHEREOF, the parties hereto have signed their names, the day and year first
above written.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 117
Item 12.
GRANTOR: BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO
Chair
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this ______ day of
_________________, 20__, by , Chairman of the Board of County
Commissioners of Larimer County, Colorado.
Witness my hand and official seal.
[Seal] ______________________________
Notary Public
My commission Expires: __________
DATE:____________________
APPROVED AS TO FORM
__________________________
COUNTY ATTORNEY
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 118
Item 12.
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By:
Jeni Arndt, Mayor
ATTEST:
City Clerk
_______________________
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
________________________
(Printed name)
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ______ day of
_____________________________, 2024, by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires:
Notary Public
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 119
Item 12.
GRANTOR: CITY OF LOVELAND, COLORADO
Date: _________________________
By: ____________________________
Stephen C. Adams, City Manager
APPROVED AS TO FORM:
_______________________________
City Attorney
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this ______ day of
_________________, 20__, by ___________________, City Manager, City of Loveland,
Colorado.
Witness my hand and official seal.
[Seal] ______________________________
Notary Public
My commission Expires: __________
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 120
Item 12.
GRANTEE:
Eric Bailey, District Manager
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this ______ day of
_________________, 20__, by Eric Bailey.
Witness my hand and official seal.
[Seal] ______________________________
Notary Public
My commission Expires: __________
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 121
Item 12.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 122
Item 12.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 123
Item 12.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 124
Item 12.
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 125
Item 12.
,
'1....\,. -;..::,~
EASEMENT
KNOW All MEN BY THESE PRESENTS, That the undersigned;""Nt)RTH ·toUofN'· ' ...
'DITCH AND RESERVOIR CO~AN'4; hereinafter referred to as "First Party", for good and
valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto
South Ft. Collins Sanitation District
hereinafter referred to as "Second Party", the right to construct over, under or across the
ditch of First Party the followin~:.
A 10" PVC Sanitary Sewer Line, Minimum (7) Seven Feet,
Under the North Louden Ditch West of the West Right-Of=-Way
of U.S. 287, Being More Particularly ~cated As Follows:
South of the NE Corner of Sec. 23, T~ R69W Along the West
Sec. Line of Said Section 1885 Feet, More or Less, Thence
Due East 75 Feet, More or Less, To Said Crossing.
and to place, operate, repair, maintain, and relocate such structure. Said structure shall be
constructed, repaired, relocated or removed only after reasonable notice to and under the
supervision of the superintendent of First Party or such representative as First Party shall employ,
and Second Party sholl pay the cost of such supervision.
In granting this easement it ;s understood that the construction and maintenance shall be
such as to form no interference to ditch operations of First Party.
The Second Party sholl assume all I iabil ity for any damage resulting from the coostruction,
maintenanc~, removal or existence of said structure and nothing herein shall limit First Party
from bringing on action against any contractor doing work on said structure if not done in a
proper manner and in conformity with the provisions hereof.
IN WITNESS WHEREOF the parties hereto have set their hands and seals this /2-day
of_ ..... ,:¥~~C_I....;7;,.",. ___ , 19~.,
,-,.v ..... o::: .......... 'rCH AND RESERVOIR COMPANY
~ ~~~~~~~~~~~--~~I
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 126
Item 12.
·. I'
. "f"
.' t ~ •
" r I • ::./~i:,,\, j'~t:~
" '~ ;t::'
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 127
Item 12.
Fort Collins-Loveland Water District
Soutll Fort Collins Sanitation District
(agreement with)
4700 South College Avenue
FORT COLLINS, COLORADO 80525
TELEPHONE 226-3104 -669-4321
'"
south Ft. Collins Sanitation District
A -,elL -inch s~wer line to C1'083 under the North
Louden Di tch and run for ~..Q. __ fent 81onL~ the east
bank of the ditch, as -shown in engineering drawing ap-
proved by the South Ft. Collins Sanitation District.
South Ft. Collins Sanitation District a~r8GS to be res-
ponsible for restoring the bank in a strong, compacted
water-tight condition at least S{X feet wide at top
from center of ±±X«N and to proper y seed the bank to
prevent erosion. SFCSD agrees to guarantee the water
tightness of the "restored bank through the 1981 and 1982
irrigation seasons
EXHIBIT A TO ORDINANCE NO. 027, 2024
Page 128
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
John Gerwel, Civil Engineer I
Susan Beck-Ferkiss, Social Policy and Housing Program Manager
SUBJECT
Second Reading of Ordinance No. 028, 2024, Approving and Authorizing the Execution of an
Amendment to a Reciprocal Stormwater Drainage Easement Agreement with Sun Foothills Fort
Collins, LLC, and Ratifying the Original Conveyance.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the amendment
of that certain Reciprocal Stormwater Drainage Easement Agreement (the “Original Easement”) dated
September 7, 2022, recorded at Reception No. 20220061510, Clerk and Recorder’s Records, Larimer
County, Colorado, by and between the City and Sun Foothills Fort Collins, LLC (the “Owner”), which
originally conveyed a stormwater drainage easement to the Owner on City property in exchange for the
City’s right to retain stormwater on the Owner’s property. The Amendment to the Original Easement (the
“Amended Easement”) will modify the legal description and revise language pertaining to access rights.
Approval of the Ordinance would also ratify the Council’s prior action in 2022 approving the easement
exchange, the ordinance for which was missing its intended exhibits.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City Property
The City property is approximately 17 acres located in the NW/4 of Section 13, Township 6 North, Range
69 West, Larimer County, Colorado, being currently held as a City of Fort Collins Land Bank property (the
“City Property”). The City Property was purchased on October 18, 2002, as part of the Affordable Housing
Land Bank Program.
The Land Bank Program is a long-term affordable housing program that ensures land will be available in
the future to provide additional affordable housing units. The basic strategy of the program is to acquire
undeveloped land and hold the land for several years until surrounding developments occur and adequate
infrastructure is built for the eventual development of the City owned property. In theory, this will decrease
the costs of development and increase the property value of the City owned property.
Page 129
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The property interests considered by the proposed Ordinance will allow for substantial infrastructure
improvements to be installed for the benefit of the City Property.
The Project
The Owner intends to develop the lands adjacent to the City Property (the “Development”) into
approximately 200 housing units, including attainable housing, affordable housing units, and mobile
homes. The Development is part of the Sun Communities real estate investment trust with more than 400
manufactured home and RV communities throughout the nation.
The Owner has submitted plans (the “Development Plans”) to the City for the Development, which have
been reviewed by staff. The Original Easement was part of the Development and was requested from the
Owner by staff as part of the development review process for the Development.
Staff have relied primarily on the Owner and/or its contractors to provide accurate surveys, legal
descriptions, and title review for the Original Easement and the Amended Easement.
The Original Easement
The Original Easement was authorized by Council by Ordinance No. 087, 2022, to permit the conveyance
of increased stormwater due to the Development across the City Property and back onto a retention pond
located within the Development (the “Retention Pond”), in exchange for the City’s right to store stormwater
from the City Property within the Retention Pond.
The Original Easement consisted of approximately 44,658 square feet (1.025 acres) of City Property, but
the subsequent final design of the stormwater facilities revealed that the boundaries of the Original
Easement did not completely encompass said facilities. The Ordinance is for the approval to amend the
drainage easement so that it matches the design of the facilities.
The Amended Easement
The Amended Easement consists of approximately 45,352 square feet (1.04 acres) of City Property, being
in the same general shape and location of the Original Easement, except for the additional 694 square feet
to cover the actual location of the stormwater facilities, as finally designed. The Amended Easement will
also alter certain language contained in the Original Easement pertaining to access to the City Property
and the Retention Pond.
CITY FINANCIAL IMPACTS
Other than staff time and other expenses reimbursable to the City by the Owner, there is no cost to the
City associated with the Amended Easement. When Council approved the exchange of the Original
Easements in 2022, it was recommended, and Council approved, not charging the Owner for the 1.025-
acre easement on the City Property, because the City was gaining use of the Owner’s 7.84-acre Retention
Pond, which use is of substantially greater value to the City.
Staff estimates the fair market value of the additional lands included in the Amended Easement to total
$1,735 (the “Property Value”). However, the Amended Easement is only 1.5% larger, and its value is still
outweighed by the value to the City of the easement the City gained for use of the Retention Pond.
Additionally, the Owner’s request for an amendment gave staff the opportunity to negotiate more detailed
language regarding the Owner’s access across and use of the City Property. Therefore, City staff
recommends that the Amended Easement should be conveyed to the Owner for no monetary
consideration.
Page 130
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Planning Department and the Social Sustainability Department have reviewed and approved
the Construction Plans and the Conveyance Documents.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to the Ordinance
3. Exhibit B to the Ordinance
4. Exhibit C to the Ordinance
5. Exhibit D to the Ordinance
6. Exhibit E to the Ordinance
Page 131
Item 13.
-1-
ORDINANCE NO. 028, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO A RECIPROCAL STORMWATER DRAINAGE
EASEMENT AGREEMENT WITH SUN FOOTHILLS FORT
COLLINS, LLC, AND RATIFYING THE ORIGINAL CONVEYANCE
A. The City owns a parcel of undeveloped real property located south of Trilby
Road and east of South College Avenue as shown and described on Exhibit “A”, attached
and incorporated herein by reference, as part of the City’s affordable Housing Land Bank
Program (the “City Property.”)
B. Sun Foothills Fort Collins, LLC, (“Sun”) intends to develop housing on a
parcel of land adjacent and to the north of the City Property as shown and described on
Exhibit “B”, attached and incorporated herein by reference (the “Sun Property.”)
C. The City and Sun executed a Reciprocal Stormwater Drainage Easement
Agreement dated September 7, 2022, and recorded in the records of the Larimer County
Clerk and Recorder on October 13, 2022, at Reception No. 20220061510 (the
“Agreement”).
D. Under the Agreement Sun acquired a storm drainage easement
approximately 1.025 acres in size over the City Property and the City acquired an
easement for stormwater detention in a 7.84-acre pond on the Sun Property, as shown
on Exhibit “C” (the “Sun Easement”) and Exhibit “D” (the “City Easement”) respectively
(together, the “Easements”).
E. The City Council approved the exchange of the Easements on August 16,
2022, pursuant to Ordinance No. 087, 2022 (the “2022 Ordinance.”) The 2022 Ordinance
was missing the exhibits that defined the location of the Easements, and the Council
wishes to ratify its action taken to authorize the exchange of the Easements.
F. In 2023 Sun asked to modify the description of the Sun Easement to include
an additional 694 square feet of the City Property, which modification will increase the
size of the Sun Easement by only 1.5% and will not substantially change its location,
purpose, or impact on the City Property. The revised description of the Sun Easement is
attached as Exhibit “E” and incorporated herein by reference (the “Revised Sun
Easement.”)
G. City staff also asked to modify language in the Agreement regarding the
Parties’ rights of access across each other’s properties to state that access shall be by
means of any roads, lanes or parking areas or, if none, by a route reasonably acceptable
to the owner of the property, and subject to an obligation to repair any resulting damage
to such property, and Sun has agreed to that proposed amendment.
Page 132
Item 13.
-2-
H. Section 23-111(a) of the City Code 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 other disposition is in the
best interests of the City.
I. In addition, Section 23-114 of the City Code requires that any sale or other
conveyance of property interests approved under section 23 -111(a) be for an amount
equal to or greater than the fair market value of such interest.
J. Because the proposed change in size of the Sun Easement is negligible
and the value of the Sun Easement is still outweighed by the value to the City of the City
Easement, and because addressing Sun’s request provided an opportunity to renegotiate
other terms of the Agreement, City staff believes that it is not necessary to charge Sun
additional consideration for the requested amendments.
K. Upon the City’s grant of the Revised Sun Easement Sun will terminate and
vacate the original Sun Easement.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby ratifies its prior approval of Ordinance No.
087, 2022 and declares it was the City Council’s intent to grant the Sun Easement as
described on Exhibit “A” in exchange for the City Easement described on Exhibit “B”, and
that such exchange was effective as of the date of the Agreement.
Section 2. The City Council finds that amending the Agreement, including
granting the Revised Sun Easement, on the terms and conditions described herein, is in
the best interests of the City.
Section 3. The City Council authorizes the Mayor to execute an amendment to
the Agreement conveying the Revised Sun Easement to Sun on terms and conditions
consistent with this Ordinance, together with such 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, including, but not limited to, any necessary
changes to the legal description of the Revised Sun Easement, as long as such changes
do not materially increase the size or change the character of the interests to be
conveyed.
Page 133
Item 13.
-3-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ingrid Decker
Page 134
Item 13.
(City Property)
Legal Description per Countv Assessor:
PT NW 1/4 13-6-69, FTC, DESC: BEG AT PT S 89 50' E 50 FT, N O 5' E 1564.48 FT, S 83 52'
E 1228.44 FT, SO 5' W 303.85 FT FROM W 1/4 COR, SO 5' W 104.55 FT, S 72 57' E 367.2
FT, S 69 14' E 161.12 FT
Location Address:
NIA
Assessor Parcel Number:
9613200927
EXHIBIT A TO ORDINANCE NO. 028, 2024
Page 135
Item 13.
(Sun Property)
Legal Description per County Assessor:
BEG ATN 1/4 COR 13-6-69, FTC, SO 27' E 524.7 FT, S 89 33' W 460 FT, SO 27' E 200 FT, S
51 15' 45" E 593.49 FT, E 600 FT, NO 27' W 1083.62 FT TON LN OF NE 1/4, TH ALG N LN
88 27' 55" W 600.34 FT T
Location Address:
NIA
Assessor Parcel Number:
9613100001
EXHIBIT B TO ORDINANCE 028, 2024
Page 136
Item 13.
(Sun Easement Area)
[ATTACHED, CONSISTING OF 3 PAGES]
EXHIBIT C TO ORDINANCE NO. 028, 2024
Page 137
Item 13.
Page 1 of 3
Sun Easement
EXHIBIT C TO ORDINANCE NO. 028, 2024
Page 138
Item 13.
MICHAEL LLOYD POOL, PLS
COLORADO REG. NO. 38304
FOR AND ON BEHALF OF ATWELL, LLC
DRAINAGE EASEMENT
NW 1/4 SEC. 13 T6N, R69W, 6TH P.M. FORT COLLINS, LARIMER COUNTY, CO
t=-,-=::�-----=,=.,...,-=-=-:-t S HT.DATE: 07/12/21 2 DRAWN: TWK CHECKED: MLP OjJOB NO.: 19002763
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN (10) YEARS FROM THE DATE OF THE
CERTIFICATE SHOWN HEREON.
143 UNION BOULEVARD, sum: 700 LAKEWOOD, CO 80228 303.462,1100
Sun Easement
Page 2 of 3
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
(CONTINUED FROM SHEET 1)
THENCE 61.86 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°54'54" TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET;
THENCE 68.00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°06'17";
THENCE NORTH 72°24'48" WEST 15.08 FEET TO SAID NORTHERLY LINE;
THENCE ALONG SAID NORTHERLY LINE NORTH 19°41'44" EAST 166.84 FEET TO THE POINT OF BEGINNING;
SAID EASEMENT CONTAINS 44,658 SQUARE FEET, OR 1.07 ACRES, MORE OR LESS.
I, MICHAEL LLOYD POOL, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
CERTIFY THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR
UNDER MY DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
EXHIBIT C TO ORDINANCE NO. 028, 2024
Page 139
Item 13.
Sun Easement
Page 3 of 3
EXHIBIT C TO ORDINANCE NO. 028, 2024
Page 140
Item 13.
(City Easement Area)
[ATTACHED, CONSISTING OF 4 PAGES]
EXHIBIT D TO ORDINANCE NO. 028, 2024
Page 141
Item 13.
City Easement
Page 1 of 4
EXHIBIT D TO ORDINANCE NO. 028, 2024
Page 142
Item 13.
(CONTINUED FROM SHEET 1)
THENCE SOUTH 82°30'49" EAST 341.06 FEET;
THENCE NORTH 89°32'19" EAST 113.65 FEET;
THENCE NORTH 00 °27'53" WEST 114.50 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING NINE (9) COURSES:
1.NORTH 89°32'19" EAST 62.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
153.50 FEET;
2.26.89 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10"02'18";
3.SOUTH 80°14'57" EAST 100.74 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
176.50 FEET;
4.31.44 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10"12'21";
5.NORTH 89 °32'43" EAST 28.18 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
22.50 FEET;
6.6.00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"17'28";
7.SOUTH 75°09'49" EAST 12.25 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
27.50 FEET;
8.7.34 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 °17'28" TO THE BEGINNING OF A
REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 308.50 FEET;
9.9.90 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'20" TO THE EAST LINE OF SAID
LOTl;
THENCE ALONG SAID EAST LINE SOUTH 00°27'17" EAST 522.39 FEET TO THE POINT OF BEGINNING;
SAID EASEMENT CONTAINS 341,435 SQUARE FEET, OR 7.84 ACRES, MORE OR LESS.
I, MICHAEL LLOYD POOL, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
CERTIFY THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
N1/2 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
--�=------,� ........ =-1 SHT. DATE: 05/05/22 2 DRAWN: TWK CHECKED: MLP OF
JOB NO : 19002763 4 143 UNION BOUL£VARD, SUIT£ 700 LAKEWOOD, CO 80228
303.462.1100
City Easement
Page 2 of 4
EASEMENT DESCRIPTION
A PORTION OF LOT 1, BLOCK 1, THE FOOTHILLS SUBDIVISION
SITUATED IN THE N1/2 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
EXHIBIT D TO ORDINANCE NO. 028, 2024
Page 143
Item 13.
City Easement
Page 3 of 4
EXHIBIT D TO ORDINANCE NO. 028, 2024
Page 144
Item 13.
City Easement
Page 4 of 4
EXHIBIT D TO ORDINANCE NO. 028, 2024
Page 145
Item 13.
(Revised Sun Easement Area)
[ATTACHED, CONSISTING OF 3 PAGES]
EXHIBIT E TO ORDINANCE NO. 028, 2024
Page 146
Item 13.
1. SOUTH 83°57'35" EAST 22.14 FEET;
2.SOUTH 51°14'59" EAST 530.88 FEET;
THENCE DEPARTING SAID NORTHERLY LINE SOUTH 72°27'14" WEST 6.52 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 154.00 FEET;
THENCE 151.30 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°17'32";
THENCE NORTH 51°15'15" WEST 244.86 FEET;
THENCE SOUTH 81°04'53" WEST 77.89 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 104.00 FEET;
THENCE 66.28 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°30'57";
THENCE NORTH 70°18'16" WEST 10.72 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND;
THENCE ALONG SAID WESTERLY LINE NORTH 19°41'44" EAST 164.10 FEET TO THE POINT OF BEGINNING;
(CONTINUED ON SHEET 2)
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
1
OF
3
EASEMENT DESCRIPTION
05/09/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
_
2
3
0
5
0
9
.
d
w
g
,
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
,
5
/
9
/
2
0
2
3
8
:
0
8
:
5
1
A
M
Revised Sun Easement
Page 1 of 3
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
AN EASEMENT FOR DRAINAGE PURPOSES OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO, ALSO BEING A PORTION OF THAT TRACT OF LAND OWNED BY SAID CITY OF FORT COLLINS AS
DESCRIBED AT RECEPTION NO. 2002114204, LARIMER COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH-SOUTH CENTERLINE OF SECTION 13, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED "CITY OF FORT COLLINS SURVEY MARKER 1993 LS 17497" AND AT THE NORTH END BY A 2-1/2" ALUMINUM CAP
STAMPED "ATWELL 2021 PLS 38304". SAID NORTH-SOUTH CENTERLINE BEARS NORTH 00°27'53" EAST, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE SOUTH 33°12'18" WEST 867.92 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND THE FOLLOWING
TWO (2) COURSES:
EXHIBIT E TO ORDINANCE NO. 028, 2024
Page 147
Item 13.
(CONTINUED FROM SHEET 1)
SAID EASEMENT CONTAINS 45,352 SQUARE FEET, OR 1.04 ACRES, MORE OR LESS.
I, VLADISLAV SKREJEV, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY
THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR UNDER MY
DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
VLADISLAV SKREJEV, PLS
COLORADO REG. NO. 38705
FOR AND ON BEHALF OF ATWELL, LLC
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
2
OF
3
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN (10) YEARS FROM THE DATE OF THE
CERTIFICATE SHOWN HEREON.
EASEMENT DESCRIPTION
05/09/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
C O L O R A D O LICE
N
S
E
D
P
R
O
F
E
S
SIONAL L A N D S U R V EYOR38705
VL A D I S L A V SK
R
E
J
E
V
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
_
2
3
0
5
0
9
.
d
w
g
,
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
,
5
/
9
/
2
0
2
3
8
:
0
8
:
3
3
A
M
05/09/2023
Revised Sun Easement
Page 2 of 3
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
EXHIBIT E TO ORDINANCE NO. 028, 2024
Page 148
Item 13.
∆
∆
SCALE: 1"=120'
EASEMENT CONTAINS 45,352 SQ. FT. OR 1.04 ACRES
NOTE
EASEMENT EXHIBIT
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
3
OF
3
05/09/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
DRAINAGE EASEMENT
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
_
2
3
0
5
0
9
.
d
w
g
,
O
F
F
S
I
T
E
D
R
N
G
E
S
M
T
,
5
/
9
/
2
0
2
3
7
:
4
7
:
5
1
A
M
Revised Sun Easement
Page 3 of 3
EXHIBIT TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
EXHIBIT E TO ORDINANCE NO. 028, 2024
Page 149
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
John Gerwel, Civil Engineer
Susan Beck-Ferkiss, Social Policy and Housing Program Manager
SUBJECT
Second Reading of Ordinance No. 029, 2024, Approving the Conveyance of a Temporary
Construction Easement, Dedication of a Permanent, Nonexclusive Water Line Easement, and
Dedication of a Permanent, Nonexclusive Sewer Line Easement, all on City Property, for the Benefit
of the Sun Foothills Fort Collins Development.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2024, approves an Ordinance that
would authorize the conveyance of the following:
1. One (1) temporary construction easement (TCE) to Sun Foothills Fort Collins LLC (the “Owner”) for the
modification of existing grades and current stormwater drainage facilities;
2. One (1) permanent, nonexclusive water line easement to the Fort Collins-Loveland Water District (the
“Waterline Easement”); and
3. One (1) permanent, nonexclusive sewer line easement to the Fort Collins-Loveland Sanitation District
(the “Sewer Easement”).
The easements are located on 17 acres of City property located in the North West 1/4 of Section 13,
Township 6 North, Range 69 West, Larimer County, Colorado, being currently held as a City of Fort Collins
Land Bank property (the “City Property”).
Construction pursuant to the TCE will modify existing stormwater facilities. The Waterline Easement and
the Sewer Easement are entitlements required by the City so that the Owner may proceed with the
development of the adjoining lands.
The easements will include the extension of stubbed water, sewer, and drainage improvements directly
onto the City Property resulting in a significant benefit to the City Property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
Page 150
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
The City Property
The City Property was purchased on October 18, 2002, as part of the Affordable Housing Land Bank
Program. The Land Bank Program is a long-term affordable housing program that ensures land will be
available in the future to provide additional affordable housing units. The basic strategy of the program is
to acquire undeveloped land and hold the land for several years until surrounding developments occur and
adequate infrastructure is built for the eventual development of the City owned property. In theory, this will
decrease the costs of development and increase the property value of the City owned property. The
property interests considered by the proposed Ordinance will allow for substantial infrastructure
improvements to be installed on the City Property.
The Project
The Owner intends to develop the lands adjacent to the City Property (the “Development”) into
approximately 200 housing units, including attainable housing, affordable housing units, and mobile
homes. The Development is part of the Sun Communities real estate investment trust with more than 400
manufactured home and recreational vehicle (RV) communities throughout the nation.
The Owner has submitted plans (the “Development Plans”) to the City for the Development, which have
been reviewed by staff. The TCE, the Waterline Easement, and the Sewer Easement (the “Conveyance
Documents” and the “Easements”) are part of the Development and have been requested from the Owner
by staff as part of the development review process for the Development.
Work within the TCE will mainly include grading to modify existing stormwater drainage facilities and to
direct surface water flows from the Development onto City Property. Additional improvements to be
installed within the easements are the sanitary sewer and water line, which will be located below the
surface of the City Property. There are no foreseeable construction impacts to access, use, and parking at
the City Property because there is not currently any daily use or activities on the City Property. Although
there are not currently any improvements located on the surface of the City Property, t he Conveyance
Documents will provide that any damaged surface areas, including any trees, will be restored in accordance
with a City plans, specifications, and requirements.
Staff have relied primarily on the Owner and/or its contractors to provide accurate surveys, legal
descriptions, and title review for the Conveyance Documents.
The TCE
The TCE is comprised of 96,132 square feet (the “TCE Area”) of City Property adjoining the south-eastern
boundary of the Development. Approximately one-half of the TCE Area includes lands currently burdened
by a reciprocal drainage easement between the Owner and the City. The TCE will allow for slope
modifications around the existing drainage facility as well as channel improvements and capacity increase
to the existing drainage facility. The TCE will allow for the oversizing of the existing drainage facility so that
the City Property may use this storage area during the development of the City Parcel. The TCE will also
allow for grading along the property boundary so that elevations and slopes between the Development and
the City Property are in accordance with City standards. All construction under the TCE will be conducted
and paid for by the Owner during the term of the TCE, being up to four (4) years.
The Waterline Easement
The Waterline Easement is comprised of 570 square feet of City Property adjoining the south-eastern
boundary of the Development and is located entirely within the boundaries of the TCE. The Waterline
Easement is for the installation, operation, and maintenance of an underground water line for the benefit
of the City Property, which will be owned and maintained by the Fort Collins-Loveland Water District. The
Page 151
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
initial construction pursuant to the Waterline Easement will be conducted and paid for by the Owner during
the construction of the Development.
The Sewer Easement
The Sewer Easement is comprised of 4,740 square feet of City Property adjoining the South-eastern
boundary of the Development and is located entirely within the boundaries of the TCE. The Sewer
Easement is for the installation, operation, and maintenance of an underground sanitary sewer for the
benefit of City Property, which will be owned and maintained by the Fort Collins-Loveland Sanitation
District. The initial construction pursuant to the Sewer Easement will be conducted and paid for by the
Owner during the construction of the Development.
CITY FINANCIAL IMPACTS
Other than staff time and other expenses reimbursable to City by the Owner, there is no cost to the City
associated with Conveyance Documents or the Easements. However, staff estimates the fair market value
of the Easements to total $157,602, being itemized as follows (the “Property Values”):
1. TCE: $146,342
2. Waterline Easement: $1,425
3. Sewer Easement: $9,835
The total easement value to be disposed is $157,602. However, the easement requests and associated
improvements substantially increase the development potential of the City Property. The developer
drainage, sewer, and water improvements are extended onto the City property and result in a direct benefit
of $370,260 to the City Property, as valued by City Real Estate Services staff. The net value of the
easement disposals results in a $212,658 benefit to the City Property.
Staff recommends that the Easements should be conveyed to the Owner for no monetary consideration
because the City’s Land Bank Program will be receiving the non-monetary consideration of construction
on the City Property of stormwater drainage facilities, a stubbed in water line, and a stubbed in sanitary
sewer line, the value of which is estimated to substantially exceed the Property Values. Specifically, it is
estimated that because of the construction performed by the Owner under the Easements, the value of the
City Property would increase by approximately $370,260.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Planning Department and the Social Sustainability Department have reviewed and approved the
Construction Plans and the Conveyance Documents.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
4. Exhibit C to Ordinance
5. Exhibit D to Ordinance
Page 152
Item 14.
-1-
ORDINANCE NO. 029, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONVEYANCE OF A TEMPORARY
CONSTRUCTION EASEMENT, DEDICATION OF A
PERMANENT, NONEXCLUSIVE WATERLINE EASEMENT, AND
DEDICATION OF A PERMANENT, NONEXCLUSIVE SEWER
LINE EASEMENT, ALL ON CITY PROPERTY, FOR THE BENEFIT
OF THE SUN FOOTHILLS FORT COLLINS DEVELOPMENT
A. The City owns a parcel of undeveloped real property located south of Trilby
Road and east of South College Avenue as shown and described on Exhibit “A”, attached
and incorporated herein by reference, which is part of the City’s Affordable Housing Land
Bank Program (the “City Property”).
B. Sun Foothills Fort Collins, LLC (“Sun”) intends to develop housing (the
“Development”) on a parcel of land directly to the north and adjacent to the City Property
(the “Sun Property”).
C. Sun has submitted plans for the Development to the City (the “Development
Plans”), which have been reviewed by City staff. As part of the development review
process City staff asked Sun to acquire necessary easements for the Development,
including three easements on the City Property.
D. These easements (collectively, “the Easements”) include:
1. A temporary construction easement to Sun for a period of up to four years
over 96,132 square feet of the City Property as shown and described on
Exhibit “B”, attached and incorporated herein by reference (the “TCE”).
Approximately one-half of the TCE area includes land already burdened
by a reciprocal drainage easement between Sun and the City, where Sun
will construct drainage improvements.
2. A waterline easement to the Fort Collins-Loveland Water District over 570
square feet of the City Property as shown and described on Exhibit “C”,
attached and incorporated herein by reference; and
3. A sewer line easement to the Fort Collins-Loveland Sanitation District over
4,740 square feet of the City Property as shown and described on Exhibit
“D”, attached and incorporated herein by reference.
E. Section 23-111(a) of the City Code 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 other disposition is in the
best interests of the City.
Page 153
Item 14.
-2-
F. In addition, Section 23-114 of the City Code requires that any sale or other
conveyance of property interests approved under section 23 -111(a) be for an amount
equal to or greater than the fair market value of such interest.
G. City staff estimates the value of the Easements at $157,602; however, staff
also estimates that the work Sun will do on the City Property in the Easements, including
installing storm drainage improvements and stubbing in a water line and a sewer line, will
increase the value of the City Property by approximately $370,260 and make it a better
site for potential future development as part of the Land Bank Pro gram. Therefore, staff
recommends that the City convey the Easements to Sun for no additional monetary
compensation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds that granting the Easements to Sun on the
terms and conditions described herein is in the best interests of the City.
Section 2. The City Council authorizes the Mayor to execute such documents
as are necessary to convey the Easements to Sun on terms and conditions consistent
with this Ordinance, together with such 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, including, but not limited to, any necessary changes to
the legal descriptions of the Easements, as long as such changes do not materially
increase the size or change the character of the interests to be conveyed.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ingrid Decker
Page 154
Item 14.
City Property
Legal Description per County Assessor:
PT NW 1/4 13-6-69, FTC, DESC: BEG AT PT S 89 50' E 50 FT, N O 5' E 1564.48 FT, S 83 52' E
1228.44 FT, SO 5' W 303.85 FT FROM W 1/4 COR, SO 5' W 104.55 FT, S 72 57' E 367.2 FT, S
69 14' E 161.12 FT
Location Address:
N/A
Assessor Parcel Number:
9613200927
EXHIBIT A TO ORDINANCE NO. 029, 2024
Page 155
Item 14.
1. SOUTH 83° 57' 35" EAST 22.14 FEET;
2. SOUTH 51° 14' 59" EAST 591.41 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 217.73 FEET, AND WHOSE LONG CHORD BEARS NORTH 84° 30' 43" WEST FOR A DISTANCE OF 293.75 FEET;
THENCE DEPARTING SAID NORTHERLY LINE , 322.41 FEET, ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 84° 50' 25";
THENCE, NORTH 42° 05' 31" WEST 173.19 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT , HAVING A
RADIUS OF 239.42 FEET, AND WHOSE LONG CHORD BEARS SOUTH 85° 51' 28" WEST FOR A DISTANCE OF 123.70 FEET;
THENCE 125.12 FEET ALONG THE ARC OF LAST SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 29° 56' 33";
THENCE SOUTH 19° 41' 44" WEST 265.15 FEET;
THENCE NORTH 70° 18' 16" WEST 30.00 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND;
THENCE ALONG SAID WESTERLY LINE NORTH 19° 41' 44" EAST 493.21 FEET TO THE POINT OF BEGINNING.
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
1
OF
3
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
06/22/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
(CONTINUED ON SHEET 2)
TCE
(Pages 1-3 of 8)
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER AND ACROSS A PORTION OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF THAT TRACT OF LAND OWNED BY SAID
CITY OF FORT COLLINS AS DESCRIBED AT RECEPTION NO. 2002114204, LARIMER COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH-SOUTH CENTERLINE OF SECTION 13, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED "CITY OF FORT COLLINS SURVEY MARKER 1993 LS 17497" AND AT THE NORTH END BY A 2-1/2" ALUMINUM CAP
STAMPED "ATWELL 2021 PLS 38304". SAID NORTH-SOUTH CENTERLINE BEARS NORTH 00°27'53" EAST, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE SOUTH 33°12'18" WEST 867.92 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND THE FOLLOWING
TWO (2) COURSES:
EXHIBIT B TO ORDINANCE NO. 029, 2024
Page 156
Item 14.
SAID EASEMENT CONTAINS 96,132 SQUARE FEET, OR 2.21 ACRES, MORE OR LESS.
I, VLADISLAV SKREJEV, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY
THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR UNDER MY
DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
VLADISLAV SKREJEV, PLS
COLORADO REG. NO. 38705
FOR AND ON BEHALF OF ATWELL, LLC
SHT.
OF
3
(CONTINUED FROM SHEET 1)
C O L O R A D O LICE
N
S
E
D
P
R
O
F
E
S
SIONAL L A N D S U R V EYOR38705
VL A D I S L A V SK
R
EJ
E
V
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN (10) YEARS FROM THE DATE OF THE
CERTIFICATE SHOWN HEREON.
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
2
OF
3
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
06/22/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
06/22/2023
EXHIBIT B TO ORDINANCE NO. 029, 2024
Page 157
Item 14.
EXHIBIT TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SCALE: 1"=150'
EASEMENT CONTAINS 96,132 SQ. FT. OR 2.21 ACRES
NOTE
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
3
OF
3
06/22/23
TWK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
EXHIBIT B TO ORDINANCE NO. 029, 2024
Page 158
Item 14.
VLADISLAV SKREJEV, PLS
COLORADO REG. NO. 38705
FOR AND ON BEHALF OF ATWELL, LLC
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
1
OF
2
WATER EASEMENT DESCRIPTION
01/02/24
TK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
C O L O R A D O LICE
N
S
E
D
P
R
O
F
E
S
SIONAL L A N D S U R V EYOR38705
VL A D I S L A V SK
R
EJ
E
V
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN (10) YEARS FROM THE DATE OF THE
CERTIFICATE SHOWN HEREON.
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
W
A
T
E
R
A
N
D
S
A
N
E
S
M
T
2
.
d
w
g
,
S
H
E
E
T
1
,
1
/
2
/
2
0
2
4
9
:
1
8
:
3
0
A
M
01/02/2024
Waterline Easement
(Pages 4-5 of 8)
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
A 30 FOOT-WIDE NON-EXCLUSIVE EASEMENT FOR WATER PURPOSES OVER AND ACROSS A PORTION OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF THAT TRACT OF LAND OWNED BY SAID
CITY OF FORT COLLINS AS DESCRIBED AT RECEPTION NO. 2002114204, LARIMER COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH-SOUTH CENTERLINE OF SECTION 13, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED "CITY OF FORT COLLINS SURVEY MARKER 1993 LS 17497" AND AT THE NORTH END BY A 2-1/2" ALUMINUM CAP
STAMPED "ATWELL 2021 PLS 38304". SAID NORTH-SOUTH CENTERLINE BEARS NORTH 00°27'53" EAST, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE SOUTH 33°12'18" WEST 867.92 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND;
THENCE ALONG SAID WESTERLY LINE OF SAID TRACT OF LAND SOUTH 19° 41' 44" WEST 378.72 FEET TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID WESTERLY LINE SOUTH 70° 18' 16" EAST 19.00 FEET;
THENCE SOUTH 19° 41' 44" WEST 30.00 FEET;
THENCE NORTH 70° 18' 16" WEST 19.00 FEET TO SAID WESTERLY LINE OF SAID TRACT OF LAND;
THENCE ALONG SAID WESTERLY LINE NORTH 19° 41' 44" EAST 30.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 570 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS.
I, VLADISLAV SKREJEV, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY
THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR UNDER MY
DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
EXHIBIT C TO ORDINANCE NO. 029, 2024
Page 159
Item 14.
EXHIBIT TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SCALE: 1"=120'
EASEMENT CONTAINS 570 SQ. FT. OR 0.01 ACRES
NOTE
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
2
OF
2
WATER EASEMENT DESCRIPTION
01/02/24
TK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
W
A
T
E
R
A
N
D
S
A
N
E
S
M
T
2
.
d
w
g
,
S
H
E
E
T
2
,
1
/
2
/
2
0
2
4
9
:
1
8
:
3
2
A
M
EXHIBIT C TO ORDINANCE NO. 029, 2024
Page 160
Item 14.
A 30 FOOT-WIDE NON-EXCLUSIVE EASEMENT FOR SANITARY SEWER PURPOSES OVER AND ACROSS A PORTION OF THE
NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY
OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF THAT TRACT OF LAND OWNED
BY SAID CITY OF FORT COLLINS AS DESCRIBED AT RECEPTION NO. 2002114204, LARIMER COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH-SOUTH CENTERLINE OF SECTION 13, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED "CITY OF FORT COLLINS SURVEY MARKER 1993 LS 17497" AND AT THE NORTH END BY A 2-1/2" ALUMINUM CAP
STAMPED "ATWELL 2021 PLS 38304". SAID NORTH-SOUTH CENTERLINE BEARS NORTH 00°27'53" EAST, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE SOUTH 33°12'18" WEST 867.92 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND THE FOLLOWING
TWO (2) COURSES:
1. SOUTH 83° 57' 35" EAST 22.14 FEET;
2. SOUTH 51° 14' 59" EAST 357.80 FEET, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 51° 14' 59" EAST 30.00 FEET;
THENCE DEPARTING SAID NORTHERLY LINE SOUTH 38° 44' 22" WEST 157.98 FEET;
THENCE NORTH 51° 15' 38" WEST 30.00 FEET;
THENCE NORTH 38° 44' 22" EAST 157.99 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 4,740 SQUARE FEET, OR 0.11 ACRES, MORE OR LESS.
EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
1
OF
3
SANITARY SEWER EASEMENT DESCRIPTION
01/02/24
TK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
(CONTINUED ON SHEET 2)
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
W
A
T
E
R
A
N
D
S
A
N
E
S
M
T
1
.
d
w
g
,
S
H
E
E
T
1
,
1
/
2
/
2
0
2
4
9
:
2
9
:
2
2
A
M
Sewer Easement
(Pages 6-8 of 8)
EXHIBIT D TO ORDINANCE NO. 029, 2024
Page 161
Item 14.
I, VLADISLAV SKREJEV, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY
THAT THIS LEGAL DESCRIPTION AND THE SURVEY UPON WHICH IT WAS BASED, WAS PERFORMED BY ME OR UNDER MY
DIRECT SUPERVISION AND IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE.
VLADISLAV SKREJEV, PLS
COLORADO REG. NO. 38705
FOR AND ON BEHALF OF ATWELL, LLC
(CONTINUED FROM SHEET 1)
C OL O R A D O LICE
N
S
E
D
P
R
O
F
E
S
S
IONAL L A N D S U R V EYOR38705
VL A D I S L A V SK
R
E
J
E
V
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN (10) YEARS FROM THE DATE OF THE
CERTIFICATE SHOWN HEREON.
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
2
OF
3
SANITARY SEWER EASEMENT DESCRIPTION
01/02/24
TK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
W
A
T
E
R
A
N
D
S
A
N
E
S
M
T
1
.
d
w
g
,
S
H
E
E
T
2
,
1
/
2
/
2
0
2
4
9
:
2
9
:
2
3
A
M
01/02/2024
EXHIBIT D TO ORDINANCE NO. 029, 2024
Page 162
Item 14.
EXHIBIT TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 13, T6N, R69W, 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SCALE: 1"=150'
EASEMENT CONTAINS 4740 SQ. FT. OR 0.11 ACRES
NOTE
DATE:
DRAWN:
CHECKED:
JOB NO.:
SHT.
3
OF
3
SANITARY SEWER EASEMENT DESCRIPTION
01/02/24
TK
VS
19002763
NW 1/4 SEC. 13
T6N, R69W, 6TH P.M.
FORT COLLINS,
LARIMER COUNTY, CO
K:
\
1
9
0
0
2
7
6
3
\
D
W
G
\
S
u
r
v
e
y
\
1
9
0
0
2
7
6
3
_
W
A
T
E
R
A
N
D
S
A
N
E
S
M
T
1
.
d
w
g
,
S
H
E
E
T
3
,
1
/
2
/
2
0
2
4
9
:
2
9
:
2
4
A
M
EXHIBIT D TO ORDINANCE NO. 029, 2024
Page 163
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kelley Vodden, Director of Compensation, Benefits, and Wellness
Teresa Roche, Human Resources Executive
SUBJECT
Items Relating to the 2024 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 030, 2024, Adopting the 2024 Amended Classified Employees Pay
Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal
Order of Police.
B. Second Reading of Ordinance No. 031, 2024, Appropriating Prior Year Reserves in the General Fund
for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective Bargaining
Agreement with the Fraternal Order of Police.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, recommend changes to
the 2024 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed
upon through the 2022-2024 Collective Bargaining Agreement (Agreement) with the Northern Colorado
Lodge #3 of the Fraternal Order of Police (FOP). The Agreement was approved by Council by Resolution
on December 7, 2021. The Agreement specifies a salary data collection method and evaluation process
that includes market data as of early January each year. This data has been collected and analyzed,
resulting in the revised 2024 Amended City Classified Employee Pay Plan.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on Second Reading.
BACKGROUND / DISCUSSION
The City utilizes a common compensation methodology to assess jobs, combine them into job functions
and establish pay ranges. Pay ranges are categorized and grouped, and become the Classified Employee
Pay Plan which sets the minimum, midpoint, and maximum of pay ranges for the levels within each career
group and function. While the methodology for assessing jobs and developing pay ranges for jobs within
the FOP’s bargaining unit is outlined in the Agreement, police collective bargaining unit positions are
included in the Classified Employee Pay Plan.
Council approved the Agreement by Resolution No. 2021-114 on December 7, 2021. The Agreement
specifies a salary data collection method and evaluation process that includes collection of market data as
Page 164
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
of early January each year. This analysis includes collecting pay range maximums for law enforcement
positions from 12 identified benchmark agencies: Denver, Aurora, Boulder, Larimer County, Greeley,
Thornton, Arvada, Lakewood, Longmont, Loveland, Westminster, and Broomfield. It also includes
collecting salary data from dispatch centers for dispatch and communications centers.
The analysis resulted in the following recommended 2024 Pay Plan Structure adjustments:
Police Officer, 5.76%
Police Corporal, 5.76%
Police Sergeant, 4.83%
Police Lieutenant, 11.38%
Community Service Officer, 5.76%
Senior Supervisor, CSO, 5.76%
Emergency Communications Dispatcher, 8.88%
Senior Supervisor, Emergency Communications, 4.50%
Senior Manager, Emergency Communications, 4.50%
Actual employee salary increases are determined administratively and implemented using Council’s
adopted employee pay increase budget and the Police Services operational budget.
This appropriation does not cover costs related to City contribution increases to the Post Employment
Health Plans for collective bargaining unit members The contribution increases were included in the
Agreement, which was approved by the Council on December 7, 2021. An additional appropriation will
come forward to address those costs.
CITY FINANCIAL IMPACTS
The needed funds to cover the increases over budget in salary, overtime, and benefits total approximately
$1,003,000. These funds will come from General Fund Reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance A for Consideration
2. Exhibit A to Ordinance A
3. Ordinance B for Consideration
Page 165
Item 15.
-1-
ORDINANCE NO. 030, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2024 AMENDED CLASSIFIED EMPLOYEES
PAY PLAN TO UPDATE CLASSIFIED POSITIONS AS PROVIDED
IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE
FRATERNAL ORDER OF POLICE
A. 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 .
B. On December 19, 2023, the City Council adopted Ordinance No. 138, 2022,
approving a pay plan for its classified employees for pay to go into effect the first pay
period of January 2024 (the “Pay Plan”).
C. On December 7, 2021, the City Council adopted Resolution 2021 -114
approving a collective bargaining agreement (“CBA”) between the City and the Northern
Colorado Lodge #3 of the Fraternal Order of Police (“CBA”).
D. The CBA contains a provision giving the City until January 12, 2024, to
collect market data from several identified benchmark agencies for the classified positions
in the collective bargaining unit.
E. Such market data has been collected and analyzed and the recommended
salary ranges for the bargaining unit classified employees are available to amend the Pay
Plan.
F. The amendments to the Pay Plan recommended by the City Manager are
consistent with City Council objectives and the Council-approved CBA, including the
practice of establishing step levels by using pay range maximum salary data for
benchmark positions, and matching to the fourth highest salary ranking of the benchmark
agencies, or matching the percentage increase given to City employees not in the
collective bargaining unit, whichever is higher.
G. The City Council believes that the adoption of the recommended, amended
pay plan is in the best interests of the City and further believes that the allocation of
individual salaries within the Pay Plan should be related to employee performance.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby adopts the 2024 Amended City of Fort
Collins Classified Employees Pay Plan (the “Amended Plan”), a copy of which is attached
hereto as Exhibit “A” and incorporated herein by this reference.
Page 166
Item 15.
-2-
Section 2. That the effective date of the Amended Classified Employees Plan
shall commence as of the effective date of this Ordinance.
Section 3. That the City Manager shall fix the compensation levels of all
classified employees within the pay levels established in the Amended Plan except as
allowed by the terms of the CBA.
Introduced, considered favorably on first reading on February 6, 2024, and
approved for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Aaron Guin
Page 167
Item 15.
1
CITY OF FORT COLLINS
2024 PAY PLAN INDEX
JOB TITLE JOB TYPE LEVEL JOB FUNCTION JOB FAMILY JOB SUB FAMILY TABLE
Accountant II P049 P2 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTING 4
Administrator I, Systems P003 P1 TECHNOLOGY SYSTEMS SYSTEMS ADMINISTRATION 3
Analyst I, Apps Software P005 P1 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Analyst I, Benefits P016 P1 HUMAN RESOURCES BENEFITS BENEFITS 4
Analyst I, Bus Sys & Elections P179 P1 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
Analyst I, Data P122 P1 TECHNOLOGY DATA SCIENCE DATA ANALYSIS 3
Analyst I, Finance P020 P1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Analyst I, GIS P002 P1 TECHNOLOGY GIS GIS 3
Analyst I, Grant Administrator P170 P1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Analyst I, HRIS P023 P1 HUMAN RESOURCES HRIS HRIS 4
Analyst II, Apps Software P028 P2 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Analyst II, Apps Software Dev P123 P2 TECHNOLOGY APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Analyst II, Benefits P124 P2 HUMAN RESOURCES BENEFITS BENEFITS 4
Analyst II, Budget P136 P2 FINANCE & ACCOUNTING BUDGET BUDGET 4
Analyst II, Bus Intelligence P133 P2 TECHNOLOGY DATA SCIENCE BUSINESS INTELLIGENCE 3
Analyst II, Finance P050 P2 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Analyst II, GIS P031 P2 TECHNOLOGY GIS GIS 3
Analyst II, HRIS P183 P2 HUMAN RESOURCES HRIS HRIS 4
Architect, IT Security P101 P4 TECHNOLOGY INFORMATION SECURITY INFORMATION SECURITY 3
Architect, Landscape P032 P2 PLANNING PARK PLANNING LANDSCAPE 1
Architect, Portfolio Mgmt P145 P4 TECHNOLOGY TECHNOLOGY PORTFOLIO MANAGEMENT 3
Architect, Technology P109 P4 TECHNOLOGY DATA SCIENCE DATA SCIENCE 3
Asst Superintendent, Parks O019 O6 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Auditor II,Sales Tax & Revenue P060 P2 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Bailiff A001 A2 LEGAL JUDICIAL CUSTOMER SERVICE 4
Business Support I A002 A2 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Business Support II A008 A3 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Business Support III A020 A4 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Buyer II P043 P2 FINANCE & ACCOUNTING PURCHASING PURCHASING 4
Chemist P008 P1 SCIENCES & ENGINEERING SCIENCES CHEMISTRY 3
Chief Building Official M042 M2 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Chief Deputy City Clerk P158 P3 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
Chief Deputy City Clerk P051 P2 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
City Clerk M072 M3 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
City Engineer M079 M3 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
City Traffic Engineer M064 M3 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Civil Engineer I P009 P1 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Civil Engineer II P037 P2 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Civil Engineer III P078 P3 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Comm & Pub Relations Manager P202 P4 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Coord, Sales Tax & Audit Rev A097 A4 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Coordinator, AR / Billing A021 A4 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTS RECEIVABLE / BILLING 4
Coordinator, Accounts Payable A015 A4 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTS PAYABLE 4
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 168
Item 15.
2
Coordinator, Active Modes A093 A4 PLANNING TRANSPORTATION PLANNING ACTIVE MODES 1
Coordinator, Benefits A102 A4 HUMAN RESOURCES BENEFITS BENEFITS 4
Coordinator, Bldg & Dev Review A071 A4 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Coordinator, Communications A028 A4 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Coordinator, Cultural Services A031 A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Coordinator, Customer Support A074 A4 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Coordinator, Finance A022 A4 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Coordinator, HRIS A017 A4 HUMAN RESOURCES HRIS HRIS 4
Coordinator, Outreach A036 A4 PROTECTIVE SERVICES INVESTIGATION OUTREACH 5
Coordinator, Payroll A018 A4 FINANCE & ACCOUNTING ACCOUNTING PAYROLL 4
Coordinator, Public Engagement A023 A4 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Coordinator, Talent Acquisitio A098 A4 HUMAN RESOURCES TALENT MANAGEMENT TALENT ACQUISITION 4
Coordinator, Theatre Prod A096 A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Coordinator, Youth Education A103 A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Court Security Officer O036 O4 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Crew Chief, Electric Dist S013 S1 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Crew Chief, Facilities S006 S1 OPERATIONS FACILITIES & FLEET FACILITIES 2
Crew Chief, Forestry S012 S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Crew Chief, Natural Areas S059 S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Crew Chief, Parks S010 S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Crew Chief, Parks Facilities S074 S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Crew Chief, Transportation Ops S052 S1 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Crew Chief, Water Field Ops S053 S1 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Crime Analyst A062 A5 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Crime Analyst A090 A6 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Criminalist A069 A6 PROTECTIVE SERVICES INVESTIGATION INVESTIGATION 5
Criminalist, Serology A105 A6 PROTECTIVE SERVICES INVESTIGATION INVESTIGATION 5
Curator P014 P1 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Deputy City Clerk A060 A5 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
Deputy Court Administrator S002 S1 LEGAL JUDICIAL ADMINISTRATION 4
Deputy Court Clerk I A005 A3 LEGAL JUDICIAL CUSTOMER SERVICE 4
Deputy Court Clerk II A013 A4 LEGAL JUDICIAL CUSTOMER SERVICE 4
Dir, Economic Sustainability M081 M3 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Dir, Electric Distribution M073 M3 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Dir, Environ Sustainability M069 M3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Dir, Social Sustainability M066 M3 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Dir, Transportation Operations M074 M3 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Director, Accounting M082 M3 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTING 4
Director, Broadband M120 M3 OPERATIONS BROADBAND BROADBAND 2
Director, Budget M067 M3 FINANCE & ACCOUNTING BUDGET BUDGET 4
Director, Civil Engineering M086 M3 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Director, Civil Engineering M089 M3 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Director, Communications M065 M3 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Director, Cultural Services M075 M3 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Director, Elec Engineering M114 M3 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Director, FP&A M078 M3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Director, Facilities & Fleet M083 M3 OPERATIONS FACILITIES & FLEET FACILITIES & FLEET 2
Director, Human Resources M088 M3 HUMAN RESOURCES TALENT MANAGEMENT HUMAN RESOURCES 4
Director, Information Services M040 M3 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Director, Natural Areas M127 M3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Director, Park Planning M068 M3 PLANNING PARK PLANNING LANDSCAPE 1
Director, Parks M071 M3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Director, Plant Operations M084 M3 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Director, Plant Operations M139 M3 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 169
Item 15.
3
Director, Purchasing M077 M3 FINANCE & ACCOUNTING PURCHASING PURCHASING 4
Director, Recreation M070 M3 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Director, Sciences M085 M3 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Director, Tech Grid Ops & Engr M159 M3 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Director, Technology M121 M3 TECHNOLOGY TECHNOLOGY TECHNOLOGY 3
Director, Total Compensation M123 M3 HUMAN RESOURCES COMPENSATION/BENEFITS/WELLNES TOTAL COMPENSATION 4
Director, Transit M076 M3 OPERATIONS TRANSPORTATION TRANSIT 2
Director, Water Field Ops M108 M3 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Early Childhood Teacher A106 A4 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Elec Engr II OT & Protect Sys P199 P2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr II, Automation P201 P2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr III OT & Protect Sys P198 P3 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr III, Automation P200 P3 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr IV, Automation P195 P4 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Elec Engr IV, OT & Protect Sys P196 P4 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer I P012 P1 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer II P143 P2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer II P039 P2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Electrical Engineer III P077 P3 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Electrician O038 O4 OPERATIONS FACILITIES & FLEET ELECTRICIAN 2
Engineer I, Fiber P112 P1 TECHNOLOGY FIBER FIBER 3
Engineer I, Network P004 P1 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Engineer II, Fiber P138 P2 TECHNOLOGY FIBER FIBER 3
Engineer II, Network P029 P2 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Engineer II, Systems P030 P2 TECHNOLOGY SYSTEMS SYSTEMS ENGINEERING 3
Exec Assistant To The City Mgr P001 P1 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Executive Admin Assistant A043 A5 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Executive Assist, City Council P160 P1 FINANCE & ACCOUNTING ADMINISTRATION ADMINISTRATION 4
HR Comm & Project Manager P185 P2 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Halligan Project Manager P173 P4 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Inspector, Code Compliance O023 O3 DEVELOPMENT & COMPLIANCE COMPLIANCE CODE COMPLIANCE 1
Investigative Aide A061 A5 PROTECTIVE SERVICES INVESTIGATION INVESTIGATION 5
Lab Assistant O001 O1 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Lead Analyst, Utility Rate P102 P4 FINANCE & ACCOUNTING UTILITY UTILITY RATE ANALYSIS 4
Lead Auditor, Sales Tax & Rev P150 P3 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Lead Coord, Communications A086 A6 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Lead Coord, Utility Rate/Fee A066 A6 FINANCE & ACCOUNTING UTILITY UTILITY RATE / FEE 4
Lead EO Compliance Specialist P194 P3 ADMINISTRATION ADMINISTRATION EQUAL OPPORTUNITY 4
Lead EO Investigator P099 P3 HUMAN RESOURCES TALENT MANAGEMENT EMPLOYEE RELATIONS 4
Lead Inspector Code Compliance O064 O6 DEVELOPMENT & COMPLIANCE COMPLIANCE CODE COMPLIANCE 1
Lead Inspector, Construction O052 O6 DEVELOPMENT & COMPLIANCE COMPLIANCE CONSTRUCTION INSPECTION 1
Lead Inspector, Rental Housing O087 O6 DEVELOPMENT & COMPLIANCE COMPLIANCE RENTAL HOUSING 1
Lead Inspector, Zoning O073 O6 DEVELOPMENT & COMPLIANCE COMPLIANCE ZONING 1
Lead L&P Safety Specialist P197 P3 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Lead Park Ranger S011 S1 PROTECTIVE SERVICES OPERATIONS RESOURCE MANAGEMENT 5
Lead Project Manager P193 P4 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Lead Rep, Customer Support A040 A5 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Lead Spc, Cultural Services P081 P3 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Lead Spc, Econ Sustainability P159 P3 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Lead Spc, Env Sustainability P092 P3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Lead Spc, Homelessness P135 P3 SUSTAINABILITY SOCIAL SUSTAINABILITY HOMELESSNESS 1
Lead Spc, Process Improvement P065 P3 ADMINISTRATION PROJECT MANAGEMENT PROCESS IMPROVEMENT 4
Lead Spc, Soc Sustainability P097 P3 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Lead Spc, Special Events P084 P3 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES SPECIAL EVENTS 1
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 170
Item 15.
4
Lead Spec, Emergency Mgmt P154 P3 ADMINISTRATION PROJECT MANAGEMENT EMERGENCY MANAGEMENT 4
Lead Spec, Equity & Inclusion P191 P3 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Lead Specialist, Communication P155 P3 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Lead Specialist, Forestry P085 P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Lead Specialist, Marketing P047 P3 MARKETING & CREATIVE SERVICES MARKETING MARKETING 4
Lead Specialist, Natural Areas P104 P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Lead Specialist, Occptnl Hlth P115 P3 HUMAN RESOURCES SAFETY & RISK MANAGEMENT OCCUPATIONAL HEALTH 4
Lead Specialist, Parks P165 P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Lead Specialist, Public Engage P141 P3 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Lead Specialist, Safety P093 P3 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Lead Specialist, Sciences P072 P3 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Lead Specialist, Security P091 P3 ADMINISTRATION SAFETY & RISK MANAGEMENT SECURITY 4
Lead Sr Facilities Project Mgr M111 M1 ADMINISTRATION PROJECT MANAGEMENT FACILITIES PROJECT MANAGEMENT 4
Lead Tech, Graphic Design A068 A6 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Lead Tech, Transportation Ops O065 O6 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Lead Technician, Network Engr A108 A6 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Lead Technician, Sciences A065 A6 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Lead Technician, Video Prod A067 A6 MARKETING & CREATIVE SERVICES MEDIA VIDEO PRODUCTION 4
Legal Assistant A009 A3 LEGAL LEGAL LEGAL SUPPORT 4
Locator, Elec Dist - Field OpS O092 O4 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Locator, Elec Dist - Field Ops O006 O3 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Manager, Active Modes M023 M1 PLANNING TRANSPORTATION PLANNING ACTIVE MODES 1
Manager, Administration M116 M1 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Manager, Applications Software M001 M1 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Manager, Apps Software Dev M002 M1 TECHNOLOGY APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Manager, Benefits M125 M1 HUMAN RESOURCES BENEFITS BENEFITS 4
Manager, Bldg & Dev Review M034 M1 PLANNING BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Manager, Broadband M105 M1 OPERATIONS BROADBAND BROADBAND OPERATIONS 2
Manager, Broadband Operations M143 M1 OPERATIONS BROADBAND BROADBAND OPERATIONS 2
Manager, Civil Engineering M008 M1 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Manager, Compliance M115 M1 DEVELOPMENT & COMPLIANCE COMPLIANCE COMPLIANCE 1
Manager, Construction Inspect M005 M1 DEVELOPMENT & COMPLIANCE COMPLIANCE CONSTRUCTION INSPECTION 1
Manager, Cultural Services M016 M1 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Manager, Customer Support M021 M1 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Manager, Econ Sustainability M033 M1 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Manager, Elec Distr Hi Voltage M103 M1 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Manager, Env Sustainability M100 M1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Manager, Environ Planning M032 M1 PLANNING ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Manager, FP&A M026 M1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Manager, Forestry M128 M1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Manager, GIS M004 M1 TECHNOLOGY GIS GIS 3
Manager, Graphic Design M020 M1 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Manager, HR Business Partner M144 M1 HUMAN RESOURCES TALENT MANAGEMENT EMPLOYEE RELATIONS 4
Manager, HR Operations M102 M1 HUMAN RESOURCES ADMINISTRATION ADMINISTRATION 4
Manager, HRIS M151 M1 HUMAN RESOURCES HRIS HRIS 4
Manager, Historic Preservation M022 M1 PLANNING CITY PLANNING HISTORIC PRESERVATION 1
Manager, Marketing M018 M1 MARKETING & CREATIVE SERVICES MARKETING MARKETING 4
Manager, Neighborhood Svcs M153 M1 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Manager, Payroll M029 M1 FINANCE & ACCOUNTING ACCOUNTING PAYROLL 4
Manager, Plant Operations M012 M1 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Manager, Project Management M129 M1 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Manager, Public Engagement M017 M1 CUSTOMER SERVICE COMMUNICATIONS COMMUNICATIONS 4
Manager, Purchasing M130 M1 FINANCE & ACCOUNTING PURCHASING PURCHASING 4
Manager, Real Estate M027 M1 OPERATIONS FACILITIES & FLEET REAL ESTATE 2
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 171
Item 15.
5
Manager, Recreation M024 M1 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Manager, Rental Housing M152 M1 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Manager, Sales M138 M1 MARKETING & CREATIVE SERVICES SALES SALES 4
Manager, Sciences M019 M1 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Manager, Service Delivery M131 M1 TECHNOLOGY CLIENT SERVICES CLIENT SERVICES 3
Manager, Social Sustainability M119 M1 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Manager, Stormwater MP&FA M145 M1 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Manager, Systems Admin M009 M1 TECHNOLOGY SYSTEMS SYSTEMS ADMINISTRATION 3
Manager, Systems Engineering M003 M1 TECHNOLOGY SYSTEMS SYSTEMS ENGINEERING 3
Manager, Talent Acquisition M015 M1 HUMAN RESOURCES TALENT MANAGEMENT TALENT ACQUISITION 4
Manager, Talent Development M030 M1 HUMAN RESOURCES ADMINISTRATION ADMINISTRATION 4
Manager, Technical Proj Mgmt M106 M1 ADMINISTRATION PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Manager, Traffic Engineering M007 M1 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Manager, Traffic Ops M156 M1 OPERATIONS TRANSPORTATION TRAFFIC OPERATIONS 2
Manager, Transportation Ops M013 M1 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Manager, Transportation Plng M112 M1 PLANNING TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Manager, Video Production M031 M1 MARKETING & CREATIVE SERVICES MEDIA VIDEO PRODUCTION 4
Manager, Water Field Ops M006 M1 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Manager, Water Util Dev Review M122 M1 SCIENCES & ENGINEERING ENGINEERING DEVELOPMENT REVIEW 3
Manager, Wellness M014 M1 HUMAN RESOURCES BENEFITS WELLNESS 4
Master Electrician O051 O6 OPERATIONS FACILITIES & FLEET ELECTRICIAN 2
Mechanical Engineer I P011 P1 SCIENCES & ENGINEERING ENGINEERING MECHANICAL ENGINEERING 3
Mechanical Engineer II P134 P2 SCIENCES & ENGINEERING ENGINEERING MECHANICAL ENGINEERING 3
Mechanical Engineer III P075 P3 SCIENCES & ENGINEERING ENGINEERING MECHANICAL ENGINEERING 3
Mgr, Mediation & Res Justice M154 M1 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Mgr, Network Ops & Info Sec M150 M1 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Mgr, Principal City Planner M146 M1 PLANNING CITY PLANNING CITY PLANNING 1
Municipal Court Administrator M148 M1 LEGAL JUDICIAL ADMINISTRATION 4
Municipal Court Administrator S019 S2 LEGAL JUDICIAL ADMINISTRATION 4
Natural Areas Trail Ranger O058 O4 PROTECTIVE SERVICES OPERATIONS RESOURCE MANAGEMENT 5
Officer I, Transportation Ops O013 O2 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Officer II, Enforcement O026 O3 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Officer III, Enforcement O076 O4 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Operator I, Transit O011 O2 OPERATIONS TRANSPORTATION TRANSIT 2
Operator I, Transportation Ops O009 O2 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Operator II, Broadband O069 O3 OPERATIONS BROADBAND BROADBAND OPERATIONS 2
Operator II, Transit O021 O3 OPERATIONS TRANSPORTATION TRANSIT 2
Operator II, Transportation Op O022 O3 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Paralegal A064 A6 LEGAL LEGAL LEGAL SUPPORT 4
Park Ranger O037 O4 PROTECTIVE SERVICES OPERATIONS RESOURCE MANAGEMENT 5
Parking Enforcement Officer I O010 O2 DEVELOPMENT & COMPLIANCE COMPLIANCE PARKING 1
Parking Enforcement Officer II O066 O3 DEVELOPMENT & COMPLIANCE COMPLIANCE PARKING 1
Partner, Human Resources P062 P2 HUMAN RESOURCES TALENT MANAGEMENT HUMAN RESOURCES 4
Planner, City P052 P2 PLANNING CITY PLANNING CITY PLANNING 1
Planner, Environmental P048 P2 PLANNING ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Planner, Transit P046 P2 PLANNING TRANSPORTATION PLANNING TRANSIT PLANNING 1
Planner, Transit Service P187 P1 PLANNING TRANSPORTATION PLANNING TRANSIT PLANNING 1
Planner, Transportation P113 P2 PLANNING TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Plans Examiner A073 A6 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Police Assistant Chief M090 M3 PROTECTIVE SERVICES POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Police Psychologist P103 P4 PROTECTIVE SERVICES INVESTIGATION OUTREACH 5
Probation Officer A087 A5 LEGAL JUDICIAL CUSTOMER SERVICE 4
Process Engineer I P139 P1 SCIENCES & ENGINEERING ENGINEERING PROCESS ENGINEERING 3
Program Manager, Volunteer Svc P186 P3 HUMAN RESOURCES OUTREACH PUBLIC ENGAGEMENT 4
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 172
Item 15.
6
Project Analyst P026 P1 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Coordinator A083 A5 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Manager P041 P2 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Project Manager, Construction P190 P2 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Reliability Engr II, Utilities P152 P2 SCIENCES & ENGINEERING ENGINEERING RELIABILITY ENGINEERING 3
Reliability Engr III,Utilities P130 P3 SCIENCES & ENGINEERING ENGINEERING RELIABILITY ENGINEERING 3
Rep I, Cultural Svcs A107 A2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Rep I, Customer Support A003 A2 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Rep II, Customer Support A006 A3 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Rep II, Police Records A011 A3 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Spec, Historic Preservation P180 P1 PLANNING CITY PLANNING HISTORIC PRESERVATION 1
Spec, Regulatory Licensing P174 P1 ADMINISTRATION MUNICIPAL ADMINISTRATION CITY CLERK 4
Specialist, Active Modes P013 P1 PLANNING TRANSPORTATION PLANNING ACTIVE MODES 1
Specialist, Active Modes Data P189 P1 PLANNING TRANSPORTATION PLANNING ACTIVE MODES 1
Specialist, City Planning P121 P1 PLANNING CITY PLANNING CITY PLANNING 1
Specialist, Communications P021 P1 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Specialist, Compliance P127 P1 DEVELOPMENT & COMPLIANCE COMPLIANCE COMPLIANCE 1
Specialist, Customer Support P034 P1 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Specialist, DOT P157 P1 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Specialist, Econ Sustainabilty P119 P1 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Specialist, Env Sustainability P120 P1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Specialist, Facilities P007 P1 OPERATIONS FACILITIES & FLEET FACILITIES 2
Specialist, Natural Areas P140 P1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Specialist, Neighborhood Svcs P184 P1 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Specialist, Public Engagement P015 P1 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Specialist, Recruiting P175 P1 HUMAN RESOURCES TALENT MANAGEMENT TALENT ACQUISITION 4
Specialist, Regulatory Svcs P163 P1 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Specialist, Risk Claims P188 P1 FINANCE & ACCOUNTING RISK MANAGEMENT RISK MANAGEMENT 4
Specialist, Safety P111 P1 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Specialist, Sales P116 P1 MARKETING & CREATIVE SERVICES SALES SALES 4
Specialist, Sciences P010 P1 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Specialist, Security P181 P1 ADMINISTRATION SAFETY & RISK MANAGEMENT SECURITY 4
Specialist, Soc Sustainability P168 P1 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Specialist, Social Sustain P019 P1 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Specialist, Talent Acquisition P117 P1 HUMAN RESOURCES TALENT MANAGEMENT TALENT ACQUISITION 4
Specialist, Talent Development P017 P1 HUMAN RESOURCES TALENT MANAGEMENT TALENT DEVELOPMENT 4
Specialist, Travel Demand Mgmt P178 P2 PLANNING TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Specialist, Wellness P018 P1 HUMAN RESOURCES BENEFITS WELLNESS 4
Specialist,Sales Tax & Revenue P149 P1 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Sr Accountant P083 P3 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTING 4
Sr Administrator, Database P069 P3 TECHNOLOGY DATABASE DATABASE 3
Sr Administrator, Systems P067 P3 TECHNOLOGY SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Administrtr, SCADA PLC Prgr P148 P3 TECHNOLOGY SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Analyst, Administration P129 P3 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Sr Analyst, Apps Software P066 P3 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Analyst, Apps Software Dev P070 P3 TECHNOLOGY APPLICATIONS SOFTWARE APPS SOFTWARE DEVELOPMENT 3
Sr Analyst, Budget P080 P3 FINANCE & ACCOUNTING BUDGET BUDGET 4
Sr Analyst, Business P131 P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS BUSINESS ANALYSIS 4
Sr Analyst, Compensation P082 P3 HUMAN RESOURCES COMPENSATION COMPENSATION 4
Sr Analyst, Data P164 P3 TECHNOLOGY DATA SCIENCE DATA ANALYSIS 3
Sr Analyst, Finance P094 P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, GIS P126 P3 TECHNOLOGY GIS GIS 3
Sr Analyst, Grants Admin P162 P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, HRIS P096 P3 HUMAN RESOURCES HRIS HRIS 4
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 173
Item 15.
7
Sr Analyst, IT Security P114 P3 TECHNOLOGY INFORMATION SECURITY INFORMATION SECURITY 3
Sr Analyst, Systems P071 P3 TECHNOLOGY SYSTEMS SYSTEMS ADMINISTRATION 3
Sr Analyst, Treasury P090 P3 FINANCE & ACCOUNTING TREASURY / INVESTMENT TREASURY / INVESTMENT 4
Sr Architect, Landscape P074 P3 PLANNING PARK PLANNING LANDSCAPE 1
Sr Buyer P089 P3 FINANCE & ACCOUNTING PURCHASING PURCHASING 4
Sr Coord, Sales Tax & Revenue A056 A5 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Sr Coord,Onboarding & Training A104 A5 HUMAN RESOURCES TALENT MANAGEMENT TALENT ACQUISITION 4
Sr Coordinator, AP A039 A5 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTS PAYABLE 4
Sr Coordinator, Accounting A088 A5 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTING 4
Sr Coordinator, Active Modes A076 A5 PLANNING TRANSPORTATION PLANNING ACTIVE MODES 1
Sr Coordinator, Benefits-Inact A082 A5 HUMAN RESOURCES BENEFITS BENEFITS 4
Sr Coordinator, Camera Radar A101 A5 PROTECTIVE SERVICES PROCESSING SUPPORT TECHNICAL 5
Sr Coordinator, Communications A037 A5 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Sr Coordinator, Creative Svcs A095 A5 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Sr Coordinator, Cultural Svcs A049 A5 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Coordinator, Forestry A048 A5 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Sr Coordinator, HRIS A044 A5 HUMAN RESOURCES HRIS HRIS 4
Sr Coordinator, Marketing A055 A5 MARKETING & CREATIVE SERVICES MARKETING MARKETING 4
Sr Coordinator, Payroll A042 A5 FINANCE & ACCOUNTING ACCOUNTING PAYROLL 4
Sr Coordinator, Public Engage A041 A5 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Coordinator, Recreation A054 A5 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Sr Coordinator, Rental Housing A109 A5 DEVELOPMENT & COMPLIANCE COMPLIANCE RENTAL HOUSING 1
Sr Coordinator, Risk Mgmt A038 A5 FINANCE & ACCOUNTING RISK MANAGEMENT RISK MANAGEMENT 4
Sr Coordinator, Safety A052 A5 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Sr Engineer, Network P068 P3 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Sr Engineer, Systems P064 P3 TECHNOLOGY SYSTEMS SYSTEMS ENGINEERING 3
Sr Engineer, Video Prod P156 P3 MARKETING & CREATIVE SERVICES SYSTEMS VIDEO PRODUCTION 3
Sr Facilities Project Manager P073 P3 ADMINISTRATION PROJECT MANAGEMENT FACILITIES PROJECT MANAGEMENT 4
Sr Inspector, Compliance O056 O5 DEVELOPMENT & COMPLIANCE COMPLIANCE COMPLIANCE 1
Sr Inspector, Construction O045 O5 DEVELOPMENT & COMPLIANCE COMPLIANCE CONSTRUCTION INSPECTION 1
Sr Inspector, Forestry Zoning O079 O5 DEVELOPMENT & COMPLIANCE COMPLIANCE CODE COMPLIANCE 1
Sr Inspector, Nat Res Zoning O094 O5 DEVELOPMENT & COMPLIANCE COMPLIANCE ZONING 1
Sr Inspector, Stormwater O090 O6 DEVELOPMENT & COMPLIANCE COMPLIANCE CONSTRUCTION INSPECTION 1
Sr Inspector, Zoning O048 O5 DEVELOPMENT & COMPLIANCE COMPLIANCE ZONING 1
Sr Key Accounts Rep P171 P3 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Legal Assistant A026 A4 LEGAL LEGAL LEGAL SUPPORT 4
Sr Locator, Elec Dist Field Op O093 O5 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Sr Locator, Elec Dist Field Op O012 O4 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - FIELD OPS 2
Sr Manager, Accounting M052 M2 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTING 4
Sr Manager, Apps Software M038 M2 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Manager, Broadband M155 M2 OPERATIONS BROADBAND BROADBAND OPERATIONS 2
Sr Manager, City Planning M126 M2 PLANNING CITY PLANNING CITY PLANNING 1
Sr Manager, Civil Engineering M043 M2 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Sr Manager, Creative Services M132 M2 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Sr Manager, Cultural Services M054 M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Manager, Cultural Services M050 M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Manager, Customer Support M051 M2 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Manager, Econ Sustainabilty M110 M2 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Manager, Elec Dist Ctrl Cen M158 M2 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - LOW VOLTAGE 2
Sr Manager, Elec Engr M060 M2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
Sr Manager, Env Sustain M056 M2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Manager, Facilities & Fleet M044 M2 OPERATIONS FACILITIES & FLEET FACILITIES & FLEET 2
Sr Manager, Forestry M035 M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Sr Manager, Grid Technologies M157 M2 SCIENCES & ENGINEERING ENGINEERING ELECTRICAL ENGINEERING 3
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 174
Item 15.
8
Sr Manager, HRIS M124 M2 HUMAN RESOURCES HRIS HRIS 4
Sr Manager, Horticulture M142 M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Manager, Information Svcs M062 M2 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Manager, Mechanical Engr M045 M2 SCIENCES & ENGINEERING ENGINEERING MECHANICAL ENGINEERING 3
Sr Manager, Neighborhood Svcs M058 M2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Manager, Network Engineerng M104 M2 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Sr Manager, Parks M057 M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Sr Manager, Public Engagement M133 M2 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Manager, Recreation M134 M2 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Sr Manager, Sciences M046 M2 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Sr Manager, Social Sustainblty M118 M2 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Sr Manager, Technology M039 M2 TECHNOLOGY TECHNOLOGY TECHNOLOGY 3
Sr Manager, Traffic Engr M041 M2 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Sr Manager, Transit M049 M2 OPERATIONS TRANSPORTATION TRANSIT 2
Sr Manager, Transportation Ops M137 M2 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Manager, Transportation Pln M037 M2 PLANNING TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Sr Manager, Water Engineering M047 M2 SCIENCES & ENGINEERING ENGINEERING WATER ENGINEERING 3
Sr Manager,Sales Tax & Revenue M036 M2 FINANCE & ACCOUNTING REVENUE SALES TAX AUDIT & REVENUE 4
Sr Mgr, Elec Dist-High Voltage M160 M2 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - HIGH VOLTAGE 2
Sr Mgr, Park Planning & Dev M149 M2 PLANNING PARK PLANNING LANDSCAPE 1
Sr Mgr, Safety & Risk Mgmt M117 M2 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Sr Operator, Transport Ops O081 O4 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Partner, Human Resources P142 P3 HUMAN RESOURCES TALENT MANAGEMENT HUMAN RESOURCES 4
Sr Planner, City P098 P3 PLANNING CITY PLANNING CITY PLANNING 1
Sr Planner, Environmental P086 P3 PLANNING ENVIRONMENTAL PLANNING ENVIRONMENTAL PLANNING 1
Sr Planner, Trails P137 P3 PLANNING PARK PLANNING LANDSCAPE 1
Sr Planner, Transportation P087 P3 PLANNING TRANSPORTATION PLANNING TRANSPORTATION PLANNING 1
Sr Project Manager P095 P3 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Sr Project Manager,Talent Mgmt P166 P3 HUMAN RESOURCES TALENT MANAGEMENT HUMAN RESOURCES 4
Sr Rep, Cultural Svcs A025 A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Spc, Neighborhood Svcs P044 P2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Spc, Process Improvement P053 P2 ADMINISTRATION PROJECT MANAGEMENT PROCESS IMPROVEMENT 4
Sr Spec, Talent Development P161 P2 HUMAN RESOURCES TALENT MANAGEMENT TALENT DEVELOPMENT 4
Sr Specialist, Communications P058 P2 MARKETING & CREATIVE SERVICES COMMUNICATIONS COMMUNICATIONS 4
Sr Specialist, Compliance P146 P2 DEVELOPMENT & COMPLIANCE COMPLIANCE COMPLIANCE 1
Sr Specialist, Cultural Srvcs P153 P2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Specialist, Cust Support P027 P2 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Specialist, DAR Program Mgr P167 P3 PLANNING TRANSPORTATION PLANNING TRANSIT PLANNING 1
Sr Specialist, Digital Inclsn P203 P2 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Specialist, Econ Sustain P056 P2 SUSTAINABILITY ECONOMIC SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Specialist, Env Compliance P125 P2 SUSTAINABILITY COMPLIANCE COMPLIANCE 1
Sr Specialist, Enviro Sustain P061 P2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Specialist, Equity P144 P2 SUSTAINABILITY SOCIAL SUSTAINABILITY EQUITY, DIVERSITY & INCLUSION 1
Sr Specialist, Floodplain Mgmt P169 P2 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Sr Specialist, Forestry P151 P2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Sr Specialist, OEM P128 P2 ADMINISTRATION PROJECT MANAGEMENT EMERGENCY MANAGEMENT 4
Sr Specialist, Outreach P107 P2 PROTECTIVE SERVICES INVESTIGATION OUTREACH 5
Sr Specialist, Parks P033 P2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Sr Specialist, Public Engage P054 P2 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Specialist, Real Estate P055 P2 OPERATIONS FACILITIES & FLEET REAL ESTATE 2
Sr Specialist, Recreation P045 P2 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Sr Specialist, Recruiter P172 P2 HUMAN RESOURCES TALENT MANAGEMENT TALENT DEVELOPMENT 4
Sr Specialist, Safety P192 P2 HUMAN RESOURCES SAFETY & RISK MANAGEMENT SAFETY 4
Sr Specialist, Sciences P035 P2 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 175
Item 15.
9
Sr Specialist, Security P182 P2 ADMINISTRATION SAFETY & RISK MANAGEMENT SECURITY 4
Sr Specialist, Social Sustain P132 P2 SUSTAINABILITY SOCIAL SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Sr Specialist, Workers Comp P147 P2 ADMINISTRATION SAFETY & RISK MANAGEMENT WORKERS COMPENSATION 4
Sr Supervisor, AR / Billing S045 S2 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTS RECEIVABLE / BILLING 4
Sr Supervisor, Apps Software S078 S2 TECHNOLOGY APPLICATIONS SOFTWARE APPLICATIONS SOFTWARE 3
Sr Supervisor, Code Compliance S075 S2 DEVELOPMENT & COMPLIANCE COMPLIANCE CODE COMPLIANCE 1
Sr Supervisor, Cultural Svcs S037 S2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Sr Supervisor, Cust Support S018 S2 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Sr Supervisor, Electric Dist S034 S2 OPERATIONS ELECTRIC UTILITIES ELECTRIC DIST - LOW VOLTAGE 2
Sr Supervisor, Enforcement S070 S2 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Sr Supervisor, Facilities S026 S2 OPERATIONS FACILITIES & FLEET FACILITIES 2
Sr Supervisor, Fleet S024 S2 OPERATIONS FACILITIES & FLEET FLEET 2
Sr Supervisor, Forestry S025 S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Sr Supervisor, HRIS S041 S2 HUMAN RESOURCES HRIS HRIS 4
Sr Supervisor, Information Svc S047 S2 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Supervisor, Land Surveying S068 S2 SCIENCES & ENGINEERING ENGINEERING SURVEYING 3
Sr Supervisor, Maintenance S032 S2 OPERATIONS PLANT OPERATIONS MAINTENANCE 2
Sr Supervisor, Marketing S038 S2 MARKETING & CREATIVE SERVICES MARKETING MARKETING 4
Sr Supervisor, Mechanical Engr S022 S2 SCIENCES & ENGINEERING ENGINEERING MECHANICAL ENGINEERING 3
Sr Supervisor, Natural Areas S058 S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Sr Supervisor, Neighbrhood Svc S055 S2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES NEIGHBORHOOD SERVICES 1
Sr Supervisor, Netwk Engineer S065 S2 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Sr Supervisor, Outreach S079 S2 PROTECTIVE SERVICES INVESTIGATION OUTREACH 5
Sr Supervisor, Parks S031 S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Sr Supervisor, Plant Ops S023 S2 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Plant Ops S030 S2 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Process Support S048 S2 PROTECTIVE SERVICES PROCESSING SUPPORT TECHNICAL 5
Sr Supervisor, Project Mgmt S043 S2 ADMINISTRATION PROJECT MANAGEMENT PROJECT MANAGEMENT 4
Sr Supervisor, Public Engage S039 S2 CUSTOMER SERVICE OUTREACH PUBLIC ENGAGEMENT 4
Sr Supervisor, Recreation S044 S2 CULTURE, PARKS & RECREATION RECREATION RECREATION 1
Sr Supervisor, Safety&Security S077 S2 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Sr Supervisor, Sciences S020 S2 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Sr Supervisor, Transit S042 S2 OPERATIONS TRANSPORTATION TRANSIT 2
Sr Supervisor, Transportn Ops S060 S2 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Supervisor, Video Productn S066 S2 MARKETING & CREATIVE SERVICES MEDIA VIDEO PRODUCTION 4
Sr Tech, Floodplain Admin A099 A5 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Sr Tech, Police Records A092 A5 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Sr Tech, Police Technology A063 A5 PROTECTIVE SERVICES PROCESSING SUPPORT POLICE TECHNOLOGY 5
Sr Tech, Processing Support A091 A5 PROTECTIVE SERVICES PROCESSING SUPPORT TECHNICAL 5
Sr Tech, Signal Construction O084 O5 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Tech, Transportation Ops O046 O5 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Sr Technical Project Manager P076 P3 ADMINISTRATION PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Sr Technician, Broadband Ops O088 O5 TECHNOLOGY FIBER FIBER 3
Sr Technician, Client Services A047 A5 TECHNOLOGY CLIENT SERVICES CLIENT SERVICES 3
Sr Technician, Facilities O049 O5 OPERATIONS FACILITIES & FLEET FACILITIES 2
Sr Technician, Fiber O089 O5 TECHNOLOGY FIBER FIBER 3
Sr Technician, Fiber O057 O5 TECHNOLOGY FIBER FIBER 3
Sr Technician, Graphic Design A100 A5 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Sr Technician, Maintenance O050 O5 OPERATIONS PLANT OPERATIONS MAINTENANCE 2
Sr Technician, Network Engr A080 A5 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Sr Technician, Police Admin A081 A5 PROTECTIVE SERVICES POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Sr Technician, Sciences A110 A5 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Sr Technician, Traffic Engr O055 O5 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Sr Technician, Traffic Signals O086 O5 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 176
Item 15.
10
Sr Technician, Video Prod A084 A5 MARKETING & CREATIVE SERVICES MEDIA VIDEO PRODUCTION 4
Sr Technician, Water Field Ops O053 O5 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Supervisor I, Sign Shop S072 S1 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Supervisor, Accounts Payable S067 S1 FINANCE & ACCOUNTING ACCOUNTING ACCOUNTS PAYABLE 4
Supervisor, Administration S003 S1 ADMINISTRATION ADMINISTRATION ADMINISTRATION 4
Supervisor, Bldg & Dev Rev S057 S1 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Supervisor, Client Services S004 S1 TECHNOLOGY CLIENT SERVICES CLIENT SERVICES 3
Supervisor, Cultural Services S062 S1 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Supervisor, Customer Support S001 S1 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Supervisor, Energy Services S028 S1 OPERATIONS FACILITIES & FLEET ENERGY SERVICES 2
Supervisor, Enforcement S009 S1 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Supervisor, Facilities S008 S1 OPERATIONS FACILITIES & FLEET FACILITIES 2
Supervisor, Fiber S063 S1 TECHNOLOGY FIBER FIBER 3
Supervisor, Fleet S021 S1 OPERATIONS FACILITIES & FLEET FLEET 2
Supervisor, Land Surveying S005 S1 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Supervisor, Legal Support S069 S1 LEGAL LEGAL LEGAL SUPPORT 4
Supervisor, NA Enforcement S076 S1 PROTECTIVE SERVICES OPERATIONS ENFORCEMENT 5
Supervisor, Network Engr S061 S1 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Supervisor, Plans Examiner S064 S1 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Supervisor, Plant Operations S014 S1 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Supervisor, Plant Operations S054 S1 OPERATIONS PLANT OPERATIONS PLANT OPERATIONS 2
Supervisor, Traffic Markings S071 S1 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Supervisor, Traffic Signals S073 S1 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Supervisor, Transit S007 S1 OPERATIONS TRANSPORTATION TRANSIT 2
Tech I, Material Handling O070 O3 OPERATIONS FACILITIES & FLEET MATERIAL HANDLING 2
Tech II, Investigative Support A094 A4 PROTECTIVE SERVICES INVESTIGATION INVESTIGATION 5
Tech II, Police Technology A089 A4 PROTECTIVE SERVICES PROCESSING SUPPORT POLICE TECHNOLOGY 5
Tech II, Processing Support A033 A4 PROTECTIVE SERVICES PROCESSING SUPPORT TECHNICAL 5
Tech II, Transportation Ops O031 O4 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Technical Project Manager P036 P2 ADMINISTRATION PROJECT MANAGEMENT TECHNICAL PROJECT MANAGEMENT 4
Technical Svcs Mgr, Police Svc P176 P3 ADMINISTRATION PROCESSING SUPPORT INFORMATION SERVICES 5
Technician I, Bldg Dev Review A010 A3 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW BUILDING & DEVELOPMENT REVIEW 1
Technician I, CCT Ops O071 O3 OPERATIONS CUSTOMER CONNECTIONS CUSTOMER CARE & TECH OPS 2
Technician I, Civil Engr O014 O3 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
Technician I, Customer Support O016 O3 CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SUPPORT 4
Technician I, Facilities O020 O3 OPERATIONS FACILITIES & FLEET FACILITIES 2
Technician I, Fiber O062 O3 OPERATIONS FIBER FIBER 2
Technician I, Fleet O017 O3 OPERATIONS FACILITIES & FLEET FLEET 2
Technician I, Forestry O018 O3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Technician I, Horticulture O075 O3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Technician I, Natural Areas O060 O3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Technician I, Parks O024 O3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Technician I, Police Admin A012 A3 PROTECTIVE SERVICES POLICE ADMINISTRATION POLICE ADMINISTRATION 5
Technician I, Traffic Control O068 O3 OPERATIONS TRANSPORTATION TRAFFIC CONTROL 2
Technician I, Water Field Util O027 O3 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Technician II, Client Services A019 A4 TECHNOLOGY CLIENT SERVICES CLIENT SERVICES 3
Technician II, Energy Services O040 O4 OPERATIONS FACILITIES & FLEET ENERGY SERVICES 2
Technician II, Facilities O032 O4 OPERATIONS FACILITIES & FLEET FACILITIES 2
Technician II, Fiber O061 O4 TECHNOLOGY FIBER FIBER 3
Technician II, Fleet O054 O4 OPERATIONS FACILITIES & FLEET FLEET 2
Technician II, Forestry O033 O4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES FORESTRY 1
Technician II, GIS A027 A4 TECHNOLOGY GIS GIS 3
Technician II, Graphic Design A085 A4 MARKETING & CREATIVE SERVICES MEDIA GRAPHIC DESIGN 4
Technician II, Land Surveying O028 O4 SCIENCES & ENGINEERING ENGINEERING CIVIL ENGINEERING 3
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 177
Item 15.
11
Technician II, Maintenance O041 O4 OPERATIONS PLANT OPERATIONS MAINTENANCE 2
Technician II, Natural Areas O034 O4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES NATURAL AREAS 1
Technician II, Network Engr A079 A4 TECHNOLOGY NETWORK NETWORK ENGINEERING 3
Technician II, Police Records A035 A4 PROTECTIVE SERVICES PROCESSING SUPPORT INFORMATION SERVICES 5
Technician II, Sciences A078 A4 SCIENCES & ENGINEERING SCIENCES SCIENCES 3
Technician II, Traffic Control O074 O4 OPERATIONS TRANSPORTATION TRAFFIC CONTROL 2
Technician II, Traffic Engr O030 O4 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Technician II, Traffic Ops O091 O4 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Technician II, Traffic Signals O085 O4 SCIENCES & ENGINEERING ENGINEERING TRAFFIC ENGINEERING 3
Technician II, Video Prod A029 A4 MARKETING & CREATIVE SERVICES MEDIA VIDEO PRODUCTION 4
Technician II, Water Engr O029 O4 SCIENCES & ENGINEERING ENGINEERING WATER ENGINEERING 3
Technician II, Wtr Field Util O039 O4 OPERATIONS WATER UTILITIES WATER FIELD OPERATIONS 2
Victim Advocate A034 A4 PROTECTIVE SERVICES INVESTIGATION OUTREACH 5
Water Engineer II P038 P2 SCIENCES & ENGINEERING ENGINEERING WATER ENGINEERING 3
Worker I, Facilities O003 O1 OPERATIONS FACILITIES & FLEET FACILITIES 2
Worker I, Fleet O067 O1 OPERATIONS FACILITIES & FLEET FLEET 2
Worker I, Parks O004 O1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Worker I, Parks Shop Attendant O072 O1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES PARKS 1
Worker I, Rec Fac Attendant O078 O1 CULTURE, PARKS & RECREATION RECREATION RECREATION 4
Worker I, Rec Ice Attendant O077 O1 CULTURE, PARKS & RECREATION RECREATION RECREATION 4
Worker I, Recreation O059 O1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES RECREATION 1
Worker I, Transit O002 O1 OPERATIONS TRANSPORTATION TRANSIT 2
Worker I, Transportation Ops O005 O1 OPERATIONS TRANSPORTATION TRANSPORTATION OPERATIONS 2
Worker II, Cultural Services O063 O2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Worker II, Facilities O008 O2 OPERATIONS FACILITIES & FLEET FACILITIES 2
Worker II, Fleet O007 O2 OPERATIONS FACILITIES & FLEET FLEET 2
Worker II, Theatre Audio Engr O082 O2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Worker II, Theatre Lighting O083 O2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
Worker II, Theatre Production O080 O2 CULTURE, PARKS & RECREATION CULTURAL SERVICES CULTURAL SERVICES 1
2024 PAY PLAN INDEX - COLLECTIVE BARGAINING UNIT
JOB TITLE JOB TYPE LEVEL JOB FUNCTION JOB FAMILY JOB SUB FAMILY TABLE
Community Service Officer O044 O4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT COMMUNITY SERVICES OPERATIONS 5B
Emergency Commun Dispatcher O043 O4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT COMMUNICATIONS 5A
Police Corporal S017 S1 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT SWORN OPERATIONS 5C
Police Lieutenant M063 M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT SWORN OPERATIONS 5C
Police Officer O025 O6 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT SWORN OPERATIONS 5C
Police Sergeant S051 S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT SWORN OPERATIONS 5C
Sr Manager, Emergency Comms M061 M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT COMMUNICATIONS 5A
Sr Supervisor, CSO S050 S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT COMMUNITY SERVICES OPERATIONS 5B
Sr Supervisor, Emergency Comms S046 S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT COMMUNICATIONS 5A
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 178
Item 15.
12
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M3 BIWEEKLY $3,695.38 $4,928.62 $6,160.73
MONTHLY $8,006.67 $10,678.67 $13,348.25
ANNUAL $96,080.00 $128,144.00 $160,179.00
M2 BIWEEKLY $3,300.58 $4,400.54 $5,500.42
MONTHLY $7,151.25 $9,534.50 $11,917.58
ANNUAL $85,815.00 $114,414.00 $143,011.00
M1 BIWEEKLY $2,946.77 $3,929.04 $4,911.27
MONTHLY $6,384.67 $8,512.92 $10,641.08
ANNUAL $76,616.00 $102,155.00 $127,693.00
S2 BIWEEKLY $2,511.81 $3,349.08 $4,186.35
MONTHLY $5,442.25 $7,256.33 $9,070.42
ANNUAL $65,307.00 $87,076.00 $108,845.00
S1 BIWEEKLY $2,242.69 $2,990.23 $3,737.81
MONTHLY $4,859.17 $6,478.83 $8,098.58
ANNUAL $58,310.00 $77,746.00 $97,183.00
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
P3 BIWEEKLY $2,516.35 $3,355.15 $4,193.92
MONTHLY $5,452.08 $7,269.50 $9,086.83
ANNUAL $65,425.00 $87,234.00 $109,042.00
P2 BIWEEKLY $2,214.38 $2,952.50 $3,690.62
MONTHLY $4,797.83 $6,397.08 $7,996.33
ANNUAL $57,574.00 $76,765.00 $95,956.00
P1 BIWEEKLY $1,948.69 $2,598.19 $3,247.77
MONTHLY $4,222.17 $5,629.42 $7,036.83
ANNUAL $50,666.00 $67,553.00 $84,442.00
ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
A6 BIWEEKLY $2,194.85 $2,743.54 $3,292.31
MONTHLY $4,755.50 $5,944.33 $7,133.33
ANNUAL $57,066.00 $71,332.00 $85,600.00
A5 BIWEEKLY $1,995.31 $2,494.15 $2,993.00
MONTHLY $4,323.17 $5,404.00 $6,484.83
ANNUAL $51,878.00 $64,848.00 $77,818.00
A4 BIWEEKLY $1,813.92 $2,267.42 $2,720.88
MONTHLY $3,930.17 $4,912.75 $5,895.25
ANNUAL $47,162.00 $58,953.00 $70,743.00
A3 BIWEEKLY $1,632.54 $2,040.69 $2,448.81
TABLE 1: SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 179
Item 15.
13
MONTHLY $3,537.17 $4,421.50 $5,305.75
ANNUAL $42,446.00 $53,058.00 $63,669.00
A2 BIWEEKLY $1,469.27 $1,836.62 $2,204.00
MONTHLY $3,183.42 $3,979.33 $4,775.33
ANNUAL $38,201.00 $47,752.00 $57,304.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
O6 BIWEEKLY $2,266.12 $2,832.65 $3,399.19
MONTHLY $4,909.92 $6,137.42 $7,364.92
ANNUAL $58,919.00 $73,649.00 $88,379.00
O5 BIWEEKLY $2,039.50 $2,549.38 $3,059.27
MONTHLY $4,418.92 $5,523.67 $6,628.42
ANNUAL $53,027.00 $66,284.00 $79,541.00
O4 BIWEEKLY $1,835.58 $2,294.46 $2,753.31
MONTHLY $3,977.08 $4,971.33 $5,965.50
ANNUAL $47,725.00 $59,656.00 $71,586.00
O3 BIWEEKLY $1,652.00 $2,065.04 $2,477.96
MONTHLY $3,579.33 $4,474.25 $5,368.92
ANNUAL $42,952.00 $53,691.00 $64,427.00
O2 BIWEEKLY $1,486.81 $1,858.54 $2,230.19
MONTHLY $3,221.42 $4,026.83 $4,832.08
ANNUAL $38,657.00 $48,322.00 $57,985.00
O1 BIWEEKLY $1,338.15 $1,672.65 $2,007.19
MONTHLY $2,899.33 $3,624.08 $4,348.92
ANNUAL $34,792.00 $43,489.00 $52,187.00
TABLE 1: SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 180
Item 15.
14
TABLE: 2 OPERATIONS
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M3 BIWEEKLY $4,398.08 $5,863.88 $7,329.73
MONTHLY $9,529.17 $12,705.08 $15,881.08
ANNUAL $114,350.00 $152,461.00 $190,573.00
M2 BIWEEKLY $3,738.23 $4,984.31 $6,230.23
MONTHLY $8,099.50 $10,799.33 $13,498.83
ANNUAL $97,194.00 $129,592.00 $161,986.00
M1 BIWEEKLY $3,177.35 $4,236.65 $5,295.96
MONTHLY $6,884.25 $9,179.42 $11,474.58
ANNUAL $82,611.00 $110,153.00 $137,695.00
S2 BIWEEKLY $2,661.35 $3,548.46 $4,435.65
MONTHLY $5,766.25 $7,688.33 $9,610.58
ANNUAL $69,195.00 $92,260.00 $115,327.00
S1 BIWEEKLY $2,339.38 $3,119.19 $3,898.96
MONTHLY $5,068.67 $6,758.25 $8,447.75
ANNUAL $60,824.00 $81,099.00 $101,373.00
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
P2 BIWEEKLY $2,106.62 $2,808.81 $3,511.04
MONTHLY $4,564.33 $6,085.75 $7,607.25
ANNUAL $54,772.00 $73,029.00 $91,287.00
P1 BIWEEKLY $1,853.85 $2,471.73 $3,089.69
MONTHLY $4,016.67 $5,355.42 $6,694.33
ANNUAL $48,200.00 $64,265.00 $80,332.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
O6 BIWEEKLY $2,405.31 $3,006.62 $3,607.96
MONTHLY $5,211.50 $6,514.33 $7,817.25
ANNUAL $62,538.00 $78,172.00 $93,807.00
O5 BIWEEKLY $2,186.65 $2,733.27 $3,279.92
MONTHLY $4,737.75 $5,922.08 $7,106.50
ANNUAL $56,853.00 $71,065.00 $85,278.00
O4 BIWEEKLY $1,987.88 $2,484.81 $2,981.81
MONTHLY $4,307.08 $5,383.75 $6,460.58
ANNUAL $51,685.00 $64,605.00 $77,527.00
O3 BIWEEKLY $1,807.15 $2,258.96 $2,710.69
MONTHLY $3,915.50 $4,894.42 $5,873.17
ANNUAL $46,986.00 $58,733.00 $70,478.00
O2 BIWEEKLY $1,642.85 $2,053.58 $2,464.31
MONTHLY $3,559.50 $4,449.42 $5,339.33
ANNUAL $42,714.00 $53,393.00 $64,072.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 181
Item 15.
15
TABLE: 2: OPERATIONS
O1 BIWEEKLY $1,493.50 $1,866.88 $2,240.27
MONTHLY $3,235.92 $4,044.92 $4,853.92
ANNUAL $38,831.00 $48,539.00 $58,247.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 182
Item 15.
16
TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M3 BIWEEKLY $4,486.81 $5,982.42 $7,478.04
MONTHLY $9,721.42 $12,961.92 $16,202.42
ANNUAL $116,657.00 $155,543.00 $194,429.00
M2 BIWEEKLY $3,901.62 $5,202.08 $6,502.65
MONTHLY $8,453.50 $11,271.17 $14,089.08
ANNUAL $101,442.00 $135,254.00 $169,069.00
M1 BIWEEKLY $3,392.65 $4,523.62 $5,654.46
MONTHLY $7,350.75 $9,801.17 $12,251.33
ANNUAL $88,209.00 $117,614.00 $147,016.00
S2 BIWEEKLY $2,950.15 $3,933.54 $4,916.92
MONTHLY $6,392.00 $8,522.67 $10,653.33
ANNUAL $76,704.00 $102,272.00 $127,840.00
S1 BIWEEKLY $2,596.12 $3,461.54 $4,326.88
MONTHLY $5,624.92 $7,500.00 $9,374.92
ANNUAL $67,499.00 $90,000.00 $112,499.00
PROFESSIONA L
MINIMUM MIDPOINT MAXIMUM
P4 BIWEEKLY $3,645.77 $4,861.00 $6,076.19
MONTHLY $7,899.17 $10,532.17 $13,165.08
ANNUAL $94,790.00 $126,386.00 $157,981.00
P3 BIWEEKLY $3,208.31 $4,277.73 $5,347.08
MONTHLY $6,951.33 $9,268.42 $11,585.33
ANNUAL $83,416.00 $111,221.00 $139,024.00
P2 BIWEEKLY $2,823.27 $3,764.35 $4,705.42
MONTHLY $6,117.08 $8,156.08 $10,195.08
ANNUAL $73,405.00 $97,873.00 $122,341.00
P1 BIWEEKLY $2,484.50 $3,312.62 $4,140.81
MONTHLY $5,383.08 $7,177.33 $8,971.75
ANNUAL $64,597.00 $86,128.00 $107,661.00
ADMINISTRA TIVE
MINIMUM MIDPOINT MAXIMUM
A6 BIWEEKLY $2,248.12 $2,810.19 $3,372.19
MONTHLY $4,870.92 $6,088.75 $7,306.42
ANNUAL $58,451.00 $73,065.00 $87,677.00
A5 BIWEEKLY $2,043.73 $2,554.69 $3,065.65
MONTHLY $4,428.08 $5,535.17 $6,642.25
ANNUAL $53,137.00 $66,422.00 $79,707.00
A4 BIWEEKLY $1,857.92 $2,322.46 $2,786.92
MONTHLY $4,025.50 $5,032.00 $6,038.33
ANNUAL $48,306.00 $60,384.00 $72,460.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 183
Item 15.
17
TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
O5 BIWEEKLY $2,329.85 $2,907.42 $3,489.31
MONTHLY $5,048.00 $6,299.42 $7,560.17
ANNUAL $60,576.00 $75,593.00 $90,722.00
O4 BIWEEKLY $2,093.15 $2,617.00 $3,140.15
MONTHLY $4,535.17 $5,670.17 $6,803.67
ANNUAL $54,422.00 $68,042.00 $81,644.00
O3 BIWEEKLY $1,884.27 $2,355.35 $2,826.58
MONTHLY $4,082.58 $5,103.25 $6,124.25
ANNUAL $48,991.00 $61,239.00 $73,491.00
O2 BIWEEKLY $1,662.42 $2,078.23 $2,494.04
MONTHLY $3,601.92 $4,502.83 $5,403.75
ANNUAL $43,223.00 $54,034.00 $64,845.00
O1 BIWEEKLY $1,496.35 $1,870.38 $2,244.31
MONTHLY $3,242.08 $4,052.50 $4,862.67
ANNUAL $38,905.00 $48,630.00 $58,352.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 184
Item 15.
18
TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M3 BIWEEKLY $4,037.42 $5,383.31 $6,729.08
MONTHLY $8,747.75 $11,663.83 $14,579.67
ANNUAL $104,973.00 $139,966.00 $174,956.00
M2 BIWEEKLY $3,510.85 $4,681.12 $5,851.42
MONTHLY $7,606.83 $10,142.42 $12,678.08
ANNUAL $91,282.00 $121,709.00 $152,137.00
M1 BIWEEKLY $3,052.92 $4,070.50 $5,088.19
MONTHLY $6,614.67 $8,819.42 $11,024.42
ANNUAL $79,376.00 $105,833.00 $132,293.00
S2 BIWEEKLY $2,405.50 $3,246.00 $4,009.38
MONTHLY $5,211.92 $7,033.00 $8,687.00
ANNUAL $62,543.00 $84,396.00 $104,244.00
S1 BIWEEKLY $2,117.04 $2,822.54 $3,528.08
MONTHLY $4,586.92 $6,115.50 $7,644.17
ANNUAL $55,043.00 $73,386.00 $91,730.00
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
P4 BIWEEKLY $3,010.04 $4,013.77 $5,017.15
MONTHLY $6,521.75 $8,696.50 $10,870.50
ANNUAL $78,261.00 $104,358.00 $130,446.00
P3 BIWEEKLY $2,649.19 $3,532.12 $4,415.08
MONTHLY $5,739.92 $7,652.92 $9,566.00
ANNUAL $68,879.00 $91,835.00 $114,792.00
P2 BIWEEKLY $2,331.19 $3,108.23 $3,885.35
MONTHLY $5,050.92 $6,734.50 $8,418.25
ANNUAL $60,611.00 $80,814.00 $101,019.00
P1 BIWEEKLY $2,051.46 $2,735.27 $3,419.08
MONTHLY $4,444.83 $5,926.42 $7,408.00
ANNUAL $53,338.00 $71,117.00 $88,896.00
ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
A6 BIWEEKLY $2,062.96 $2,578.65 $3,094.42
MONTHLY $4,469.75 $5,587.08 $6,704.58
ANNUAL $53,637.00 $67,045.00 $80,455.00
A5 BIWEEKLY $1,875.38 $2,344.31 $2,813.12
MONTHLY $4,063.33 $5,079.33 $6,095.08
ANNUAL $48,760.00 $60,952.00 $73,141.00
A4 BIWEEKLY $1,704.92 $2,131.15 $2,557.38
MONTHLY $3,694.00 $4,617.50 $5,541.00
ANNUAL $44,328.00 $55,410.00 $66,492.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 185
Item 15.
19
TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL
A3 BIWEEKLY $1,534.42 $1,918.04 $2,301.65
MONTHLY $3,324.58 $4,155.75 $4,986.92
ANNUAL $39,895.00 $49,869.00 $59,843.00
A2 BIWEEKLY $1,381.00 $1,726.27 $2,071.50
MONTHLY $2,992.17 $3,740.25 $4,488.25
ANNUAL $35,906.00 $44,883.00 $53,859.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
O3 BIWEEKLY $1,690.69 $2,113.38 $2,536.04
MONTHLY $3,663.17 $4,579.00 $5,494.75
ANNUAL $43,958.00 $54,948.00 $65,937.00
O2 BIWEEKLY $1,521.62 $1,902.04 $2,282.42
MONTHLY $3,296.83 $4,121.08 $4,945.25
ANNUAL $39,562.00 $49,453.00 $59,343.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 186
Item 15.
20
TABLE: 5 PROTECTIVE SERVICES (non-CBU)
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M3 BIWEEKLY $3,953.58 $5,271.31 $6,589.04
MONTHLY $8,566.08 $11,421.17 $14,276.25
ANNUAL $102,793.00 $137,054.00 $171,315.00
M2 BIWEEKLY $3,294.58 $4,392.81 $5,490.96
MONTHLY $7,138.25 $9,517.75 $11,897.08
ANNUAL $85,659.00 $114,213.00 $142,765.00
M1 BIWEEKLY $2,800.42 $3,733.88 $4,667.35
MONTHLY $6,067.58 $8,090.08 $10,112.58
ANNUAL $72,811.00 $97,081.00 $121,351.00
S2 BIWEEKLY $2,257.04 $3,009.38 $3,761.81
MONTHLY $4,890.25 $6,520.33 $8,150.58
ANNUAL $58,683.00 $78,244.00 $97,807.00
S1 BIWEEKLY $1,986.27 $2,648.27 $3,310.35
MONTHLY $4,303.58 $5,737.92 $7,172.42
ANNUAL $51,643.00 $68,855.00 $86,069.00
PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
P4 BIWEEKLY $3,855.27 $5,139.65 $6,425.08
MONTHLY $8,353.08 $11,135.92 $13,921.00
ANNUAL $100,237.00 $133,631.00 $167,052.00
P3 BIWEEKLY $2,553.85 $3,405.27 $4,256.65
MONTHLY $5,533.33 $7,378.08 $9,222.75
ANNUAL $66,400.00 $88,537.00 $110,673.00
P2 BIWEEKLY $2,280.27 $3,040.42 $3,800.42
MONTHLY $4,940.58 $6,587.58 $8,234.25
ANNUAL $59,287.00 $79,051.00 $98,811.00
P1 BIWEEKLY $2,036.19 $2,714.69 $3,393.54
MONTHLY $4,411.75 $5,881.83 $7,352.67
ANNUAL $52,941.00 $70,582.00 $88,232.00
ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
A6 BIWEEKLY $2,544.12 $3,179.73 $3,815.81
MONTHLY $5,512.25 $6,889.42 $8,267.58
ANNUAL $66,147.00 $82,673.00 $99,211.00
A5 BIWEEKLY $2,312.62 $2,890.65 $3,468.69
MONTHLY $5,010.67 $6,263.08 $7,515.50
ANNUAL $60,128.00 $75,157.00 $90,186.00
A4 BIWEEKLY $2,023.65 $2,529.62 $3,035.50
MONTHLY $4,384.58 $5,480.83 $6,576.92
ANNUAL $52,615.00 $65,770.00 $78,923.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 187
Item 15.
21
TABLE: 5 PROTECTIVE SERVICES (non-CBU)
A3 BIWEEKLY $1,839.81 $2,299.69 $2,759.50
MONTHLY $3,986.25 $4,982.67 $5,978.92
ANNUAL $47,835.00 $59,792.00 $71,747.00
A2 BIWEEKLY $1,655.96 $2,069.65 $2,483.92
MONTHLY $3,587.92 $4,484.25 $5,381.83
ANNUAL $43,055.00 $53,811.00 $64,582.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
O4 BIWEEKLY $1,839.08 $2,298.85 $2,758.62
MONTHLY $3,984.67 $4,980.83 $5,977.00
ANNUAL $47,816.00 $59,770.00 $71,724.00
O3 BIWEEKLY $1,655.15 $2,068.96 $2,482.73
MONTHLY $3,586.17 $4,482.75 $5,379.25
ANNUAL $43,034.00 $53,793.00 $64,551.00
O2 BIWEEKLY $1,489.65 $1,862.08 $2,234.50
MONTHLY $3,227.58 $4,034.50 $4,841.42
ANNUAL $38,731.00 $48,414.00 $58,097.00
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 188
Item 15.
22
CITY OF FORT COLLINS
2024 PAY PLAN
Step Ladders
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
Step
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 189
Item 15.
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M2 BIWEEKLY $5,268.35 $5,639.12 $6,009.88
MONTHLY $11,414.75 $12,218.08 $13,021.42
ANNUAL $136,977.00 $146,617.00 $156,257.00
S2 BIWEEKLY $3,708.46 $4,036.69 $4,364.92
MONTHLY $8,035.00 $8,746.17 $9,457.33
ANNUAL $96,420.00 $104,954.00 $113,488.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
OT4 BIWEEKLY $2,584.15 $3,050.85 $3,517.54
MONTHLY $5,599.00 $6,610.17 $7,621.33
ANNUAL $67,188.00 $79,322.00 $91,456.00
TABLE: 5A COLLECTIVE BARGAINING UNIT (CBU) - COMMUNICATIONS
23
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 190
Item 15.
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
S2 BIWEEKLY $4,025.50 $4,112.96 $4,200.38
MONTHLY $8,721.92 $8,911.42 $9,100.83
ANNUAL $104,663.00 $106,937.00 $109,210.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
OT4 BIWEEKLY $2,571.88 $3,036.15 $3,500.42
MONTHLY $5,572.42 $6,578.33 $7,584.25
ANNUAL $66,869.00 $78,940.00 $91,011.00
TABLE: 5B COLLECTIVE BARGAINING UNIT (CBU) - COMMUNITY SERVICES OPERATIONS
24
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 191
Item 15.
MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
M2 BIWEEKLY $6,091.50 $6,351.69 $6,611.85
MONTHLY $13,198.25 $13,762.00 $14,325.67
ANNUAL $158,379.00 $165,144.00 $171,908.00
S2 BIWEEKLY $4,624.88 $4,942.46 $5,260.00
MONTHLY $10,020.58 $10,708.67 $11,396.67
ANNUAL $120,247.00 $128,504.00 $136,760.00
S1 BIWEEKLY $4,578.88 $4,643.04 $4,707.19
MONTHLY $9,920.92 $10,059.92 $10,198.92
ANNUAL $119,051.00 $120,719.00 $122,387.00
OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
OT6 BIWEEKLY $3,144.27 $3,711.85 $4,279.38
MONTHLY $6,812.58 $8,042.33 $9,272.00
ANNUAL $81,751.00 $96,508.00 $111,264.00
TABLE: 5C COLLECTIVE BARGAINING UNIT (CBU) - SWORN OPERATIONS
25
EXHIBIT A TO ORDINANCE NO. 030, 2024
Page 192
Item 15.
-1-
ORDINANCE NO. 031, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR THE COST OF POLICE SERVICES SALARY AND BENEFIT
INCREASES AS PROVIDED IN THE COLLECTIVE BARGAINING
AGREEMENT WITH THE FRATERNAL ORDER OF POLICE
A. On December 7, 2021, the City Council adopted Resolution 2021 -114
approving a collective bargaining agreement (“CBA”) between the City and the Northern
Colorado Lodge #3 of the Fraternal Order of Police.
B. The CBA contains a provision giving the City until January 12, 2024, to
collect salary market data from several different identified benchmark agencies for the
classified positions in the collective bargaining unit.
C. The Fort Collins Police Services (“FCPS”) operational budget includes
employee salary expenses.
D. The terms of the CBA call for salary increases equal to or greater than 4 .5%
for members of the collective bargaining unit.
E. The budget shortfall is $1,003,000.
F. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose to include enforcement of the
provisions of the City Code and state law and such other functions and duties necessary
to preserve the public peace, prevent crime, apprehend criminals and protect r ights of
persons and property through enforcement of penal laws of the City and the state .
G. 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.
H. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all ot her funds to
be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 193
Item 15.
-2-
Section 1. That there is hereby appropriated from prior year reserves in the
General Fund the sum of ONE MILLION THREE THOUSAND DOLLARS ($1,003,000) to
be expended in the General Fund for the cost of Police Services salary and benefit
increases as provided in the Collective Bargaining Agreement with the Fraternal Order of
Police.
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Aaron Guin
Page 194
Item 15.
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 032, 2024, Appropriating Prior Year Reserves and Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services as
Designated by the Donors.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $18,025.20 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 First 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
$18,025.20 and these funds are currently unappropriated.
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.
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: Lincoln Center Performances, The Farm, Forestry,
and the Youth Golf Scholarship Fund.
Page 195
Item 16.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $10,514.00 received in 2023 being appropriated from prior year reserves,
and $7,511.20 in new philanthropic revenue received in 2024 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:
Cultural Services & Facilities Fund $6,250.00
General Fund $ 500.00
Golf Fund $3,764.00
From New Unanticipated Philanthropic Revenue:
General Fund $1,511.20
Recreation Fund $1,000.00
Transportation Fund $5,000.00
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 2024.
ATTACHMENTS
1. Ordinance for Consideration
Page 196
Item 16.
-1-
ORDINANCE NO. 032, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNATICIPATED PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND
SERVICES AS DESIGNATED BY THE DONORS
A. The City received in 2023 four donations totaling $10,514 and in 2024 six
donations totaling $7,511.20 to be used for various City programs and services, which
donations are each $5,000 or less.
B. The donors have directed these donations to be used solely by the City for
certain designated uses.
C. 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”).
D. 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.
E. 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.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
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.
G. 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.
H. The City Manager has recommended the appropriations described in
Sections 1 and 2 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the funds named in
Sections 1 and 2 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.
Page 197
Item 16.
-2-
I. 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 donation or the
City’s expenditure of all funds received from such donation .
J. 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,
except for the appropriation from the Golf Fund for a golf scholarship, which shall be non -
lapsing.
K. 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. 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:
Cultural Services &
Facilities Fund $6,250
General Fund $500
Golf Fund $3,764
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2024 to be expended as designated by the donors:
General Fund $1,511.20
Recreation Fund $1,000
Transportation Fund $5,000
Section 3. As authorized in Article V, Section 11 of the City Charter, the
appropriations herein for various City Give donations are hereby designated as
appropriations that shall lapse at the end of this fiscal year; provided, however, that the
appropriation herein from the Golf Fund for a golf scholarship donation is hereby
designated as an appropriation that shall not lapse at the end of this fiscal year but shall
Page 198
Item 16.
-3-
continue until the earlier of the expiration of the donation or the City’s expenditure of all
funds received from such donation.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Ryan Malarky
Page 199
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Missy Nelson, Parks & Park Planning & Development, Sr. Technical Project Manager
Kristin Flower, Parks & Park Planning & Development, Analyst II, Finance
Jill Wuertz, Park Planning & Development Senior Manager
Mike Calhoon, Parks Director
SUBJECT
First Reading of Ordinance No. 033, 2024, Appropriating Prior Year Reserves in the Conservation
Trust Fund for the Future Design and Construction of the Fossil Creek Trail Spur.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation for partial funding for the future construction of the
Fossil Creek Trail spur. This revenue is contributed from the developer. This trail spur is identified in the
South College Corridor Subarea Plan as “City built and maintained.” The easement for the future trail spur
was secured during the development review process of the Fort Collins Nissan-Kia project. Per the South
College Avenue Access Control Plan, this trail is of regional significance and the Developer agreed to
contribute their proportional share of the public access trail project in the amount of $35,000. The
Developer was required to provide the funds prior to issuance of the project’s first building permit. The
design and construction date of the future trail spur at this time is unknown.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project
In addition to the summary above, the design and construction date of the future trail spur is unknown and
funds will be held until such time the remaining easements for this spur trail project are secured.
CITY FINANCIAL IMPACTS
Developer’s proportionate share was based on the Property’s frontage of South College Avenue, ~.25
miles:
$35,000 – Cost for the Developer
The amount from the developer was received in December 2023 and was deposited in the Conservation
Trust Fund.
Page 200
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Park Planning and Development department reviewed and secured easement and funds during
the development review process for Fort Collins Nissan-Kia. The associated Project Development Plan,
PDP210017, was approved at the July 2022 Planning & Zoning Commission (Type 2) Hearing and the
associated Final Development Plan, FDP220011, was recorded 05/02/2023.
PUBLIC OUTREACH
Typical per Type II Development Review process: sign posting, mailers, neighborhood meeting.
ATTACHMENTS
1. Ordinance for Consideration
2. Development Agreement (excerpt)
3. Vicinity Map from South College Corridor Plan
4. Site Plan from Fort Collins Nissan-Kia Final Development Plans
Page 201
Item 17.
-1-
ORDINANCE NO. 033, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
CONSERVATION TRUST FUND FOR THE FUTURE DESIGN
AND CONSTRUCTION OF THE FOSSIL CREEK TRAIL SPUR
A. In July 2022, the City’s Planning and Zoning Commission approved a
Project Development Plan by Fort Collins Nissan-Kia (the “Developer”) and the Final
Development Plan was recorded on May 5, 2023.
B. During that development review process, the City secured an easement
from the Developer, located in the South College Corridor Subarea Plan, for the future
construction of the Fossil Creek Trail spur.
C. The Fossil Creek Trail offers over 8 miles of pave d pathway on the south
side of the City. This trail is of regional signif icance and the Developer agreed to contribute
their proportional share of the public access trail project in the amount of $35,000.
D. In December 2023 the City received those funds from the Developer and
the funds were deposited into the Conservation Trust Fund.
E. This appropriation benefits public health and welfare of the citizens of Fort
Collins and serves the public purpose and strategic objective of continuing the planned
buildout of the paved trail system.
F. 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropri ated from
the Conservation Trust Fund and will not cause the total amount appropriated in the
Conservation Trust 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000) to
be expended in the Conservation Trust Fund for the future design and construction of the
Fossil Creek Trail Spur as identified in the South College Corridor Plan.
Page 202
Item 17.
-2-
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Sara Arfmann
Page 203
Item 17.
EXCERPT FROM DEVELOPMENT AGREEMENT
Page 204
Item 17.
SOUTH COLLEGE CORRIDOR PLAN
44 CHAPTER 4 – FRAMEWORK PLAN, GOALS, AND POLICIES
Figure 29 - Trails map
Page 205
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Collins, Water Conservation Specialist
Kerri Ishmael, Senior Analyst, Grant Administration
SUBJECT
First Reading of Ordinance No. 034, 2024, Authorizing Transfers of Appropriations for the
Xeriscape Incentive Program.
EXECUTIVE SUMMARY
The purpose of this item is to support businesses, homeowner associations (“HOAs”) and other commercial
properties pursuing costly landscape projects that reduce water use long-term through the Xeriscape
Incentive Program by utilizing $75,104 in existing 2024 appropriations to fund the City’s match requirement
under this grant project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Xeriscape Incentive Program (“XIP”) supports Fort Collins Utilities (“Utilities”) water customers by
providing funding for landscape retrofit projects that reduce outdoor water use long-term. The typical
existing commercial landscape in Fort Collins is made up mostly of bluegrass, which, on average, requires
15-18 gallons of supplemental irrigation water per square foot of area, per growing season. Reducing the
total amount of bluegrass on a property along with reconfiguring irrigation systems may cut a property’s
landscape water requirement by 30% or more, but retrofit projects are costly. XIP is one tool to help reduce
barriers to landscape conversions, providing rebates of $1.50 per square foot of area converted from high-
to low- water landscape. More information about the XIP can be found at fcgov.com/xip.
Reducing outdoor water use is one of several effective water demand management tools. Since 2020,
when Utilities started offering XIP funding for commercial water customers, XIP has funded 27 projects
across HOAs, businesses and county properties. In total, 19 acres of bluegrass have been replaced with
low-water landscape. The water savings for the 27 completed projects is estimated at 18 acre-feet per year
compared to pre-project water use.
In support of XIP, the Bureau of Reclamation (“BOR”) awarded the City $75,000 for XIP projects. The City
committed $95,000 to support a total of $170,000 in rebates under this grant project.
The grant project has been operating, with the City needing to contribute $75,104 to allowable rebates
under the grant project. Based on changes made to provide more transparency over grant projects,
Page 207
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
including tracking of City’s required matching funds, the $75,104 in 2024 appropriated funds in the Water
Fund will be transferred to the grant project.
The City’s matching funds of $75,104 were appropriated in the 2024 operating budget for Water
Conservation.
CITY FINANCIAL IMPACTS
This item authorizes transfer of $75,104 in required matching funds for the grant project that have already
been appropriated in the Water Fund, specifically in the 2024 operating budget for Water Conservation.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Executed Grant Agreements
Page 208
Item 18.
-1-
ORDINANCE NO. 034, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
XERISCAPE INCENTIVE PROGRAM
A. The City owns and operates Fort Collins Utilities (“Utilities”), which includes
a water utility that provides water to customers in its service area.
B. Water conservation and efficiency comprise a tool Utilities uses, primarily
through the Utilities Water Conservation Division, to manage and reduce the demand for
water service by Utilities customers, which is benef icial to the City, the water utility, and
its ratepayers by, among other reasons, reducing demand on water supplies and helping
to ensure that the demand for water does not exceed supplies .
C. Utilities has developed the Xeriscape Incentive Program (“XIP”) to support
customers seeking to transform their large-scale landscapes to use less water from
Utilities, such as those of homeowners’ associations and commercial customers.
D. The United States Department of the Interior, Bureau of Reclamation
(“Reclamation”) has a Water SMART (Sustain and Manage America’s Resources for
Tomorrow) Program that provides grants to water conservation programs. Reclamation
previously awarded the City a grant of $75,000 for XIP.
E. In order to fully utilize such Reclamation grant funds, the City needs to
contribute $75,104 in matching funds. The 2024 appropriated funds in the Water Fund
contain sufficient funds that can be transferred to be utilized as such matching funds.
F. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
G. The City Manager has recommended the transfer of $75,104 from the Water
Fund Operating Budget to the Water Fund Xeriscape Project Budget and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for the Water Fund Xeriscape
Incentive Program, 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 the City’s expenditure of all funds received from such grant.
Page 209
Item 18.
-2-
I. The City Council wishes to designate the appropriation herein for the Water
Fund Xeriscape Incentive Program as an appropriation that shall not lapse until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of Water
Fund the sum of SEVENTY-FIVE THOUSAND ONE HUNDRED FOUR DOLLARS
($75,104) to be transferred from the Water Fund’s Water Conservation Operating Budget
to be expended in the Water Fund for the Xeriscape Incentive Program Grant Budget.
Section 2. The appropriation herein for the Xeriscape Incentive Program Grant
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Eric Potyondy
Page 210
Item 18.
Page 211
Item 18.
Page 212
Item 18.
Page 213
Item 18.
Page 214
Item 18.
Page 215
Item 18.
Page 216
Item 18.
Page 217
Item 18.
Page 218
Item 18.
Page 219
Item 18.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
ASSISTANCE AGREEMENT
1A. AGREEMENT NUMBER
R19AP00169
1B. MOD NUMBER 2. TYPE OF AGREEMENT
GRANT
COOPERATIVE AGREEMENT
3. CLASS OF RECIPIENT
City or Township Government
4. ISSUING OFFICE
Bureau of Reclamation
Acquisitions and Assistance Management Division
Acquisitions and Assistance Operations Branch
P.O. Box 25007, MS 84-27810
Denver, CO 80225-5007
5. RECIPIENT
Fort Collins, City of
300 La Porte Ave
Fort Collins, CO 80521
EIN #: 846000587 County: Larimer
DUNS #: 078362597 Congress. Dist: CO - 002
6. RECIPIENT PROJECT MANAGER
Katie Collins, Water Conservation Coordinator
Fort Collins, City of
300 La Porte Ave
Fort Collins, CO 80521
970-416-4378
kcollins@fcgov.com
7A. INITIAL AGREEMENT
EFFECTIVE DATE:
See Block 13.a below
7B. MODIFICATION EFFECTIVE DATE:
8. COMPLETION DATE
March 31, 2022
9A. PROGRAM STATUTORY AUTHORITY
Section 9504(a) of the Secure Water Act, Public Law 111-11 (42 United States Code 10364)
9B. CFDA Number
15.507
10. FUNDING INFORMATION NON-FEDERAL RECLAMATION TOTAL PROJECT COSTS
Total Estimated Amount of Agreement $95,000.00 $75,000.00 $170,000.00
This Obligation $95,000.00 $70,000.00 $165,000.00
Previous Obligation $0.00 $0.00 $0.00
Total Obligation $95,000.00 $70,000.00 $165,000.00
11. PROJECT TITLE
Xeriscape Incentive Program Expansion
12a. Acceptance of this Assistance Agreement in accordance with the terms and
conditions contained herein is hereby made on behalf of the above-named
recipient
BY: ________________________________________________________________________________
DATE: _____________________________________________________________________________
13a. Award of this Assistance Agreement in accordance with the terms and
conditions contained herein is hereby made on behalf of the United States
of America, Department of the Interior, Bureau of Reclamation
BY: ______________________________________________________________________________
DATE: ____________________________________________________________________________
12b. NAME AND TITLE OF SIGNER 13b. NAME OF GRANTS OFFICER
Approved as to form:
_________________________________________________________
Eric Potyondy, Assistant City Attorney II Date
Darin Atteberry, City Manager
DocuSign Envelope ID: 32FCC722-F091-4D85-8B17-2EE9BA4847A7
5/1/2020
5/5/2020 May 08, 2020
Beverly K. Nelson
702-293-8524
Page 220
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 2 of 50
TABLE OF CONTENTS
I. OVERVIEW AND SCHEDULE ............................................................................................. 4
1. AUTHORITY ........................................................................................................................ 4
2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION ................................................... 5
3. BACKGROUND AND OBJECTIVES ................................................................................. 5
4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY ....................................... 5
5. SCOPE OF WORK AND MILESTONES ............................................................................ 6
6. RESPONSIBILITY OF THE PARTIES ............................................................................... 7
7. BUDGET ............................................................................................................................... 8
8. KEY PERSONNEL ............................................................................................................. 10
9. LIMITATION OF AUTHORITIES .................................................................................... 10
10. REPORTING REQUIREMENTS AND DISTRIBUTION............................................... 11
11. REGULATORY COMPLIANCE ..................................................................................... 14
12. AGRICULTURAL OPERATIONS [Public Law 111-11, Section 9504(a)(3)(B)] ........... 14
13. TITLE TO IMPROVEMENTS [Public Law 111-11, Section 9504(a)(3)(D)]................. 14
14. OPERATION AND MAINTENANCE COSTS [Public Law 111-11, Section
9504(a)(3)(E)(iv.)] ............................................................................................................ 14
15. LIABILITY [Public Law 111-11, Section 9504(a)(3)(F)] ............................................... 14
II. RECLAMATION STANDARD TERMS AND CONDITIONS ....................................... 16
1. REGULATIONS.................................................................................................................. 16
2. PAYMENT .......................................................................................................................... 16
3. PROCUREMENT STANDARDS (2 CFR 200.317 THROUGH 200.326) ........................ 20
4. EQUIPMENT (2 CFR 200.313) .......................................................................................... 29
5. SUPPLIES (2 CFR 200.314) ............................................................................................... 32
6. INSPECTION ...................................................................................................................... 32
7. AUDIT REQUIREMENTS (2 CFR 200.501) ..................................................................... 32
8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.338) ................................................. 34
9. TERMINATION (2 CFR 200.339)...................................................................................... 34
10. DEBARMENT AND SUSPENSION (2 CFR 1400) ........................................................ 35
11. DRUG-FREE WORKPLACE (2 CFR 182 AND 1401) ................................................... 35
12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE ........ 35
Page 221
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 3 of 50
13. COVENANT AGAINST CONTINGENT FEES .............................................................. 36
14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) ................... 36
15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18).................................................... 38
16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) ............................................... 39
17. SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER
REQUIREMENTS (2 CFR 25, APPENDIX A) ............................................................... 40
18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT
SUPPLIED BY THE GOVERNMENT WHILE DRIVING ............................................ 41
19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170
APPENDIX A).................................................................................................................. 42
20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) ...................... 46
21. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS (APPENDIX XII to 2
CFR Part 200) ................................................................................................................... 46
22. CONFLICTS OF INTEREST ............................................................................................. 48
23. DATA AVAILABILITY .................................................................................................... 49
Page 222
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 4 of 50
Financial Assistance Agreement
Between
Bureau of Reclamation
And
City of Fort Collins
For
Xeriscape Incentive Program Expansion
I. OVERVIEW AND SCHEDULE
1. AUTHORITY
This Financial Assistance Agreement (Agreement) is entered into between the United States of
America, acting through the Department of the Interior, Bureau of Reclamation (Reclamation)
and City of Fort Collins (Recipient), pursuant to Section 9504(a) of the SECURE WATER ACT,
Subtitle F of Title IX of the OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009,
Public Law 111-11 (42 United States Code 10364) (the “Act”). The following section, provided
in full text, authorizes Reclamation to award this financial assistance agreement:
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.—
(1) AUTHORITY OF SECRETARY.—The Secretary may provide any grant to,
or enter into an agreement with, any eligible applicant to assist the eligible
applicant in planning, designing, or constructing any improvement—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including increasing the use of
renewable energy in the management and delivery of water;
(E) to accelerate the adoption and use of advanced water treatment
technologies to increase water supply;
(F) to prevent the decline of species that the United States Fish and
Wildlife Service and National Marine Fisheries Service have
proposed for listing under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) (or candidate species that are being
considered by those agencies for such listing but are not yet the
subject of a proposed rule);
(G) to accelerate the recovery of threatened species, endangered
species, and designated critical habitats that are adversely affected
by Federal reclamation projects or are subject to a recovery plan
Page 223
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 5 of 50
or conservation plan under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) under which the Commissioner of
Reclamation has implementation responsibilities; or
(H) to carry out any other activity—
(i) to address any climate-related impact to the water supply of
the United States that increases ecological resiliency to the
impacts of climate change; or
(ii) to prevent any water-related crisis or conflict at any
watershed that has a nexus to a Federal reclamation project
located in a service area.
2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION
The proposed Xeriscape Incentive Program Expansion project (Project) will conserve and use
water more efficiently and accomplish other benefits that contribute to water supply reliability in
the western United States.
3. BACKGROUND AND OBJECTIVES
Through WaterSMART (Sustain and Manage America’s Resources for Tomorrow), Reclamation
leverages Federal and non-Federal funding to work cooperatively with states, tribes, and local
entities as they plan for and implement actions to increase water supply reliability through
investments and attention to local water conflicts. Working together with our stakeholders,
WaterSMART provides support for the Department of the Interior’s priorities, including creating
a legacy of conservation stewardship, sustainably developing our energy and natural resources,
modernizing our infrastructure through public-private partnerships, and restoring trust with local
communities by improving relationships and communication with states, tribes, local
governments, communities, landowners and water users.
Through Water and Energy Efficiency Grants, Reclamation provides assistance to states, tribes,
irrigation districts, water districts, and other entities with water or power delivery authority to
undertake projects that result in quantifiable and sustained water savings and support broader
water reliability benefits.
The City of Fort Collins, in northern Colorado, will expand their Xeriscape Incentive Program to
commercial and homeowner association landscapes. This project will help the City reduce
overall water demand through conversions to low water use landscaping and hardscaping. This
project is supported by the City’s 2016 Water Efficiency Plan.
4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY
This Agreement becomes effective on the date shown in Block 13a of Page 1 of this agreement,
United States of America, Department of the Interior, Bureau of Reclamation, Assistance
Agreement. The Agreement shall remain in effect until the date shown in Block 8 of Page 1 of
this agreement, United States of America, Department of the Interior, Bureau of Reclamation,
Page 224
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 6 of 50
Assistance Agreement. The period of performance for this Agreement may only be modified
through written modification of the Agreement by a Reclamation Grants Officer.
No legal liability on the part of the Government for any payment may arise until funds are made
available, in writing, to the Recipient by the Grants Officer. The total estimated amount of
federal funding for this agreement is $75,000, of which the initial amount of federal funds
available is limited to $70,000 as indicated by “this obligation” within Block 10 of Page 1 of this
agreement, United States of America, Department of the Interior, Bureau of Reclamation,
Assistance Agreement.
5. SCOPE OF WORK AND MILESTONES
Under this Agreement, the Recipient shall provide rebates in the amount of $1.50 per square
foot of area converted from high- to low-water use landscape. Project management, completion
and invoice payment will be completed by each rebate awardee. The rebate maximum per
customer is $15,000. A minimum of 110,000 square feet of converted area will be funded by
$165,000 in rebates during the period of March 2020 to March 31, 2022. Based on
customer proposals submitted to date; Utilities is confident customers will convert additional
area in excess of the rebated amount in conjunction with the area incentivized with a rebate and
anticipate, at a minimum, an additional 90,000 square feet of area converted from high- to low-
water use landscape. Major project activities are anticipated to include:
• Call for applications
• Application review and project selection, enroll selected participants in the program
• Implementation and monitoring of landscape conversion
Landscape conversion will take place within the Fort Collins Utilities service area boundaries.
The Recipient shall include in their records the locations of the landscape conversions taken
place under this Agreement.
The milestones for completing the scope of work are:
Milestone / Task / Activity
Planned
Start Date
Planned
Completion Date
Complete environmental and cultural compliance Complete Complete
Complete 33% of landscape conversion March 2020 December 2020
Complete 66% of landscape conversion January 2021 June 2021
Complete 100% of landscape conversion July 2021 March 2022
Page 225
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 7 of 50
6. RESPONSIBILITY OF THE PARTIES
6.1 Recipient Responsibilities
6.1.1 The Recipient shall carry out the Scope of Work (SOW) in accordance with the terms and
conditions stated herein. The Recipient shall adhere to Federal, state, and local laws, regulations,
and codes, as applicable, and shall obtain all required approvals and permits. If the SOW
contains construction activities, the Recipient is responsible for construction inspection,
oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals
from site owners and operators.
6.1.2 Interim Performance Reports. The Recipient shall prepare and submit to Reclamation
interim Project performance reports (Interim Performance Reports) as required by Section I.10 of
this Agreement. Each Interim Performance Report will include (but is not limited to) the
information identified in paragraph I.10.3 and will discuss the following:
• A comparison of actual accomplishments to the milestones established by the financial
assistance agreement for the reporting period
• The reasons why established milestones were not met, if applicable
• The status of milestones from the previous reporting period that were not met, if
applicable
• Whether the Project is on schedule and within the original cost estimate
• Any additional pertinent information or issues related to the status of the Project
6.1.3 Final Project Report. The Recipient shall prepare and submit to Reclamation a final
Project performance report (Final Project Report) as required by Section I.10 of this Agreement.
The Final Project Report will include (but is not limited to) the information identified in
paragraph I.10.3 and will discuss the following:
• Whether the Project objectives and goals were met
• The amount of water conserved, if applicable, including information and/or calculations
supporting that amount
• The amount of energy the renewable energy system is generating annually, if applicable
• How the Project demonstrated collaboration, if applicable
Photographs documenting the project are also appreciated. Recipient understands that
Reclamation may print photos with appropriate credit to Recipient. Recipient also understands
that the Final Project Report is a public document and may be made available on Reclamation’s
website, www.usbr.gov/watersmart/.
Page 226
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 8 of 50
6.2 Reclamation Responsibilities
Reclamation will monitor and provide Federal oversight of activities performed under this
Agreement. Monitoring and oversight include review and approval of financial status and
performance reports, payment requests, and any other deliverables identified as part of the SOW.
Additional monitoring activities may include site visits, conference calls, and other on-site and
off-site monitoring activities. At the Recipient’s request, Reclamation may also provide
technical assistance to the Recipient in support of the SOW and objectives of this Agreement.
7. BUDGET
7.1 Budget Estimate. The following is the estimated budget for this Agreement. As Federal
financial assistance agreements are cost-reimbursable, the budget provided is for estimation
purposes only. Final costs incurred under the budget categories listed may be either higher or
lower than the estimated costs. All costs incurred by the Recipient under this agreement must be
in accordance with any pre-award clarifications conducted between the Recipient and
Reclamation, as well as with the terms and conditions of this agreement. Final determination of
the allowability, allocability, or reasonableness of costs incurred under this agreement is the
responsibility of the Grants Officer. Recipients are encouraged to direct any questions regarding
allowability, allocability or reasonableness of costs to the Grants Officer for review prior to
incurrence of the costs in question.
BUDGET ITEM DESCRIPTION TOTAL COST
OTHER
Landscape conversion rebates $165,000.00
Reclamation regulatory compliance costs $5,000.00
TOTAL DIRECT COSTS $170,000.00
INDIRECT COSTS
None $0.00
TOTAL ESTIMATED PROJECT COST $170,000.00
7.2 Cost Sharing Requirement
At least 50% non-Federal cost-share is required for costs incurred under this Agreement.
Based on the budget estimate reflected in Section 7.1 above, the estimated Federal share of
allowable costs is 44% and the Recipient’s estimated non-Federal cost share is 56%. The Federal
share of allowable costs shall not be expended in advance of the Recipient's non-Federal share. It
is expected that expenditure of Federal and non-Federal funds based upon the estimated cost
share percentages shall occur concurrently.
If a bona fide need arises which requires the expenditure of Federal funds in advance of the
Recipient share, then the Recipient must request written approval from the Grants Officer prior
Page 227
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 9 of 50
to the expenditure. Recipient's may expend their agreed upon share of costs in advance of the
expenditure of Federal funds without prior written approval.
7.3 Pre-Award Incurrence of Costs
The Recipient is not authorized to incur costs prior to the award of this Agreement. Costs
incurred prior to the award of this agreement are not allowable.
7.4 Allowable Costs
Costs incurred for the performance of this Agreement must be allowable, allocable to the project,
and reasonable. The following regulations, codified within the Code of Federal Regulations
(CFR), governs the allowability of costs for Federal financial assistance:
2 CFR 200 Subpart E, “Cost Principles”
Expenditures for the performance of this Agreement must conform to the requirements within
this CFR. The Recipient must maintain sufficient documentation to support these expenditures.
Questions on the allowability of costs should be directed to the Grants Officer responsible for
this Agreement.
The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of
the program or activities beyond the expiration date stated in the Agreement. The only costs
which are authorized for a period of up to 90 days following the project performance period are
those strictly associated with closeout activities for preparation of the final reports.
7.5 Revision of Budget and Program Plans
In accordance with 2 CFR 200.308(g) the recipient must request prior written approval for any of
the following changes:
(a) A change in the approved scope of work or associated tasks, even if there is no associated
budget revisions.
(b) Revisions which require additional Federal funds to complete the project.
(c) Revisions which involve specific costs for which prior written approval requirements
may be imposed consistent with OMB cost principles listed in 2 CFR 200 Subpart E
“Cost Principles”.
7.6 Modifications
Any changes to this Agreement shall be made by means of a written modification. Reclamation
may make changes to the Agreement by means of a unilateral modification to address changes in
address, no-cost time extensions, changes to Key Personnel, the addition of previously agreed
upon funding, or administrative corrections which do not impact the terms and conditions of this
agreement. Additionally, a unilateral modification may be utilized by Reclamation if it should
become necessary to suspend or terminate the Agreement in accordance with 2 CFR 200.338.
Page 228
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 10 of 50
All other changes shall be made by means of a bilateral modification to the Agreement. No oral
statement made by any person, or written statement by any person other than the Grants Officer,
shall be allowed in any manner or degree to modify or otherwise effect the terms of the
Agreement.
All requests for modification of the Agreement shall be made in writing, provide a full
description of the reason for the request, and be sent to the attention of the Grants Officer. Any
request for project extension shall be made at least 45 days prior to the expiration date of the
Agreement or the expiration date of any extension period that may have been previously granted.
Any determination to extend the period of performance or to provide follow-on funding for
continuation of a project is solely at the discretion of Reclamation.
8. KEY PERSONNEL
8.1 Recipient’s Key Personnel.
The Recipient's Project Manager for this Agreement shall be:
Katie Collins, Water Conservation Coordinator
300 La Porte Ave
Fort Collins, CO 80521
970-416-4378
kcollins@fcgov.com
9. LIMITATION OF AUTHORITIES
9.1 Grants Officer.
The Grants Officer is the only official with legal delegated authority to represent Reclamation.
The Grants Officer’s responsibilities include, but are not limited to, the following:
(a) Formally obligate Reclamation to expend funds or change the funding level of the
Agreement;
(b) Approve through formal modification changes in the scope of work and/or budget;
(c) Approve through formal modification any increase or decrease in the period of
performance of the Agreement;
(d) Approve through formal modification changes in any of the expressed terms, conditions,
or specifications of the Agreement;
(e) Be responsible for the overall administration, management, and other non-programmatic
aspects of the Agreement including, but not limited to, interpretation of financial
assistance statutes, regulations, circulars, policies, and terms of the Agreement;
Where applicable, ensures that Reclamation complies with the administrative
requirements required by statutes, regulations, circulars, policies, and terms of the
Agreement.
Page 229
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 11 of 50
9.2 Grants Management Specialist (GMS).
The Grants Management Specialist is the primary administrative point of contact for this
agreement and should be contacted regarding issues related to the day-to-day management of the
agreement. Requests for approval regarding the terms and conditions of the agreement,
including but not limited to modifications and prior approval, may only be granted, in writing, by
a Reclamation Grants Officer. Please note that for some agreements, the Grants Officer and the
Grants Management Specialist may be the same individual.
10. REPORTING REQUIREMENTS AND DISTRIBUTION
10.1 Noncompliance. Failure to comply with the reporting requirements contained in this
Agreement may be considered a material noncompliance with the terms and conditions of the
award. Noncompliance may result in withholding of payments pending receipt of required
reports, denying both the use of funds and matching credit for all or part of the cost of the
activity or action not in compliance, whole or partial suspension or termination of the
Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other
legal remedies in accordance with 2 CFR 200.338.
10.2 Financial Reports. Federal Financial Reports shall be submitted by means of the SF-425
and shall be submitted according to the Report Frequency and Distribution schedule below. All
financial reports shall be signed by an Authorized Certifying Official for the Recipient’s
organization.
10.3 Monitoring and Reporting Program Performance (2 CFR 200.328).
(a) Monitoring by the non-Federal entity. The non-Federal entity is responsible for oversight
of the operations of the Federal award supported activities. The non-Federal entity must
monitor its activities under Federal awards to assure compliance with applicable Federal
requirements and performance expectations are being achieved. Monitoring by the non-
Federal entity must cover each program, function or activity. See also 200.331
Requirements for pass-through entities.
(b) Non-construction performance reports. The Federal awarding agency must use standard,
OMB-approved data elements for collection of performance information (including
performance progress reports, Research Performance Progress Report, or such future
collections as may be approved by OMB and listed on the OMB Web site).
(1) The non-Federal entity must submit performance reports at the interval required by
the Federal awarding agency or pass-through entity to best inform improvements in
program outcomes and productivity. Intervals must be no less frequent than annually
nor more frequent than quarterly except in unusual circumstances, for example where
more frequent reporting is necessary for the effective monitoring of the Federal award
or could significantly affect program outcomes. Annual reports must be due
90 calendar days after the reporting period; quarterly or semiannual reports must be
Page 230
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 12 of 50
due 30 calendar days after the reporting period. Alternatively, the Federal awarding
agency or pass-through entity may require annual reports before the anniversary dates
of multiple year Federal awards. The final performance report will be due 90 calendar
days after the period of performance end date. If a justified request is submitted by a
non-Federal entity, the Federal agency may extend the due date for any performance
report.
(2) The non-Federal entity must submit performance reports using OMB-approved
governmentwide standard information collections when providing performance
information. As appropriate in accordance with above mentioned information
collections, these reports will contain, for each Federal award, brief information on
the following unless other collections are approved by OMB:
(i) A comparison of actual accomplishments to the objectives of the Federal award
established for the period. Where the accomplishments of the Federal award can
be quantified, a computation of the cost (for example, related to units of
accomplishment) may be required if that information will be useful. Where
performance trend data and analysis would be informative to the Federal
awarding agency program, the Federal awarding agency should include this as a
performance reporting requirement.
(ii) The reasons why established goals were not met, if appropriate.
(iii) Additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
(c) Construction performance reports. For the most part, onsite technical inspections and
certified percentage of completion data are relied on heavily by Federal awarding
agencies and pass-through entities to monitor progress under Federal awards and
subawards for construction. The Federal awarding agency may require additional
performance reports only when considered necessary.
(d) Significant developments. Events may occur between the scheduled performance
reporting dates that have significant impact upon the supported activity. In such cases, the
non-Federal entity must inform the Federal awarding agency or pass-through entity as
soon as the following types of conditions become known:
(1) Problems, delays, or adverse conditions which will materially impair the ability to
meet the objective of the Federal award. This disclosure must include a statement of
the action taken, or contemplated, and any assistance needed to resolve the situation.
(2) Favorable developments which enable meeting time schedules and objectives sooner
or at less cost than anticipated or producing more or different beneficial results than
originally planned.
Page 231
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 13 of 50
Reclamation requires Performance reporting for all financial assistance awards, both
Construction and non-Construction. Performance reports for Construction agreements shall meet
the same minimum requirements outlined in 2 CFR 200.328(b)(2) above.
10.4 Report Frequency and Distribution. The following table sets forth the reporting
requirements for this Agreement. Please note the first report due date listed for each type of
report.
Required Reports Interim Reports Final Report
Performance Report
Format No specific format required. See
content requirements within Section 9.3
(2 CFR 200.328) above
Summary of activities completed
during the entire period of
performance is required. See
content requirements within
Section 9.3 (2 CFR 200.328) above
Reporting Frequency Annual Final Report due within 90 days
after the end of the period of
performance
Reporting Period October 1 through September 30 Entire period of performance
Due Date Within 90 days after the end of the
Reporting Period
Final Report due within 90 days
after the end of the period of
performance or completion of the
project
First Report Due
Date
The first performance report is due for
reporting period ending 09/30/2020
N/A
Submit to: sha-dro-faoperations@usbr.gov sha-dro-faoperations@usbr.gov
Federal Financial Report
Format SF-425 (all sections must be completed) SF-425(all sections must be
completed)
Reporting Frequency Annual Final Report due within 90 days
after the end of the period of
performance
Reporting Period October 1 through September 30 Entire period of performance
Due Date Within 90 days after the end of the
Reporting Period
Final Report due within 90 days
after the end of the period of
performance or completion of
project
First Report Due
Date
The first Federal financial report is due
for reporting period ending 09/30/2020
N/A
Submit to: sha-dro-faoperations@usbr.gov sha-dro-faoperations@usbr.gov
Page 232
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 14 of 50
11. REGULATORY COMPLIANCE
The Recipient agrees to comply or assist Reclamation with all regulatory compliance
requirements and all applicable state, Federal, and local environmental and cultural and
paleontological resource protection laws and regulations as applicable to this project. These may
include, but are not limited to, the National Environmental Policy Act (NEPA), including the
Council on Environmental Quality and Department of the Interior regulations implementing
NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected
Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins
project activities that require environmental or other regulatory compliance approval prior to
receipt of written notice from the Grants Officer that all such clearances have been obtained, then
Reclamation reserves the right to initiate remedies for non-compliance as defined by
2 CFR 200.338 up to and including unilateral termination of this agreement. The Grants Officer
acknowledges that all environmental and other regulatory compliance approvals were obtained
by the Recipient prior to the award of this Agreement.
12. AGRICULTURAL OPERATIONS [Public Law 111-11, Section 9504(a)(3)(B)]
The Recipient shall not use any associated water savings to increase the total irrigated acreage of
the Recipient or otherwise increase the consumptive use of water in the operation of the
Recipient, as determined pursuant to the law of the State in which the operation of Recipient is
located.
13. TITLE TO IMPROVEMENTS [Public Law 111-11, Section 9504(a)(3)(D)]
If the activities funded under this Agreement result in an infrastructure improvement to a
federally owned facility, the Federal Government shall continue to hold title to the facility and
improvements to the facility.
14. OPERATION AND MAINTENANCE COSTS [Public Law 111-11, Section
9504(a)(3)(E)(iv.)]
The non-Federal share of the cost of operating and maintaining any infrastructure improvement
funded through this Agreement shall be 100 percent.
15. LIABILITY [Public Law 111-11, Section 9504(a)(3)(F)]
(a) IN GENERAL.—Except as provided under chapter 171 of title 28, United States Code
(commonly known as the ‘‘Federal Tort Claims Act’’), the United States shall not be
liable for monetary damages of any kind for any injury arising out of an act, omission,
or occurrence that arises in relation to any facility created or improved under this
Agreement, the title of which is not held by the United States.
Page 233
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 15 of 50
(b) TORT CLAIMS ACT.—Nothing in this section increases the liability of the United
States beyond that provided in chapter 171 of title 28, United States Code (commonly
known as the ‘‘Federal Tort Claims Act’’).
Page 234
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 16 of 50
II. RECLAMATION STANDARD TERMS AND CONDITIONS
1. REGULATIONS
The regulations at 2 CFR Subtitle A, Chapter II, Part 200 “Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards”, are hereby
incorporated by reference as though set forth in full text. Failure of a Recipient to comply with
any applicable regulation or circular may be the basis for withholding payments for proper
charges made by the Recipient and/or for termination of support.
2. PAYMENT
2.1 Payment (2 CFR 200.305).
(a) For states, payments are governed by Treasury-State CMIA agreements and default
procedures codified at 31 CFR Part 205 “Rules and Procedures for Efficient Federal-State
Funds Transfers” and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies.
(b) For non-Federal entities other than states, payments methods must minimize the time
elapsing between the transfer of funds from the United States Treasury or the pass-
through entity and the disbursement by the non-Federal entity whether the payment is
made by electronic funds transfer, or issuance or redemption of checks, warrants, or
payment by other means. See also 200.302 Financial management paragraph (b)(6).
Except as noted elsewhere in this part, Federal agencies must require recipients to use
only OMB-approved standard governmentwide information collection requests to request
payment.
(1) The non-Federal entity must be paid in advance, provided it maintains or
demonstrates the willingness to maintain both written procedures that minimize the
time elapsing between the transfer of funds and disbursement by the non-Federal
entity, and financial management systems that meet the standards for fund control and
accountability as established in this part. Advance payments to a non-Federal entity
must be limited to the minimum amounts needed and be timed to be in accordance
with the actual, immediate cash requirements of the non-Federal entity in carrying out
the purpose of the approved program or project. The timing and amount of advance
payments must be as close as is administratively feasible to the actual disbursements
by the non-Federal entity for direct program or project costs and the proportionate
share of any allowable indirect costs. The non-Federal entity must make timely
payment to contractors in accordance with the contract provisions.
(2) Whenever possible, advance payments must be consolidated to cover anticipated cash
needs for all Federal awards made by the Federal awarding agency to the recipient.
(i) Advance payment mechanisms include, but are not limited to, Treasury check and
electronic funds transfer and must comply with applicable guidance in
31 CFR part 208.
Page 235
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 17 of 50
(ii) Non-Federal entities must be authorized to submit requests for advance payments
and reimbursements at least monthly when electronic fund transfers are not used,
and as often as they like when electronic transfers are used, in accordance with
the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r).
(3) Reimbursement is the preferred method when the requirements in paragraph (b)
cannot be met, when the Federal awarding agency sets a specific condition per
200.207 Specific conditions, or when the non-Federal entity requests payment by
reimbursement. This method may be used on any Federal award for construction, or if
the major portion of the construction project is accomplished through private market
financing or Federal loans, and the Federal award constitutes a minor portion of the
project. When the reimbursement method is used, the Federal awarding agency or
pass-through entity must make payment within 30 calendar days after receipt of the
billing, unless the Federal awarding agency or pass-through entity reasonably
believes the request to be improper.
(4) If the non-Federal entity cannot meet the criteria for advance payments and the
Federal awarding agency or pass-through entity has determined that reimbursement is
not feasible because the non-Federal entity lacks sufficient working capital, the
Federal awarding agency or pass-through entity may provide cash on a working
capital advance basis. Under this procedure, the Federal awarding agency or pass-
through entity must advance cash payments to the non-Federal entity to cover its
estimated disbursement needs for an initial period generally geared to the non-Federal
entity's disbursing cycle. Thereafter, the Federal awarding agency or pass-through
entity must reimburse the non-Federal entity for its actual cash disbursements. Use of
the working capital advance method of payment requires that the pass-through entity
provide timely advance payments to any subrecipients in order to meet the
subrecipient's actual cash disbursements. The working capital advance method of
payment must not be used by the pass-through entity if the reason for using this
method is the unwillingness or inability of the pass-through entity to provide timely
advance payments to the subrecipient to meet the subrecipient's actual cash
disbursements.
(5) Use of resources before requesting cash advance payments. To the extent available,
the non-Federal entity must disburse funds available from program income (including
repayments to a revolving fund), rebates, refunds, contract settlements, audit
recoveries, and interest earned on such funds before requesting additional cash
payments.
(6) Unless otherwise required by Federal statutes, payments for allowable costs by non-
Federal entities must not be withheld at any time during the period of performance
unless the conditions of 200.207 Specific conditions, Subpart D—Post Federal Award
Page 236
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 18 of 50
Requirements of this part, 200.338 Remedies for Noncompliance, or one or more of
the following applies:
(i) The non-Federal entity has failed to comply with the project objectives, Federal
statutes, regulations, or the terms and conditions of the Federal award.
(ii) The non-Federal entity is delinquent in a debt to the United States as defined in
OMB Guidance A-129, “Policies for Federal Credit Programs and Non-Tax
Receivables.” Under such conditions, the Federal awarding agency or pass-
through entity may, upon reasonable notice, inform the non-Federal entity that
payments must not be made for obligations incurred after a specified date until the
conditions are corrected or the indebtedness to the Federal Government is
liquidated.
(iii) A payment withheld for failure to comply with Federal award conditions, but
without suspension of the Federal award, must be released to the non-Federal
entity upon subsequent compliance. When a Federal award is suspended, payment
adjustments will be made in accordance with 200.342 Effects of suspension and
termination.
(iv) A payment must not be made to a non-Federal entity for amounts that are
withheld by the non-Federal entity from payment to contractors to assure
satisfactory completion of work. A payment must be made when the non-Federal
entity actually disburses the withheld funds to the contractors or to escrow
accounts established to assure satisfactory completion of work.
(7) Standards governing the use of banks and other institutions as depositories of advance
payments under Federal awards are as follows.
(i) The Federal awarding agency and pass-through entity must not require separate
depository accounts for funds provided to a non-Federal entity or establish any
eligibility requirements for depositories for funds provided to the non-Federal
entity. However, the non-Federal entity must be able to account for the receipt,
obligation and expenditure of funds.
(ii) Advance payments of Federal funds must be deposited and maintained in insured
accounts whenever possible.
(8) The non-Federal entity must maintain advance payments of Federal awards in
interest-bearing accounts, unless the following apply.
(i) The non-Federal entity receives less than $120,000 in Federal awards per year.
(ii) The best reasonably available interest-bearing account would not be expected to
earn interest in excess of $500 per year on Federal cash balances.
Page 237
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 19 of 50
(iii) The depository would require an average or minimum balance so high that it
would not be feasible within the expected Federal and non-Federal cash resources.
(iv) A foreign government or banking system prohibits or precludes interest bearing
accounts.
(9) Interest earned amounts up to $500 per year may be retained by the non-Federal entity
for administrative expense. Any additional interest earned on Federal advance
payments deposited in interest-bearing accounts must be remitted annually to the
Department of Health and Human Services Payment Management System (PMS)
through an electronic medium using either Automated Clearing House (ACH)
network or a Fedwire Funds Service payment. Remittances must include pertinent
information of the payee and nature of payment in the memo area (often referred to as
“addenda records” by Financial Institutions) as that will assist in the timely posting of
interested earned on federal funds. Pertinent details include the Payee Account
Number (PAN) if the payment originated from PMS, or Agency information if the
payment originated from ASAP, NSF or another federal agency payment system. The
remittance must be submitted as follows:
(i) For ACH Returns:
Routing Number: 051036706
Account number: 303000
Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN
(ii) For Fedwire Returns*:
Routing Number: 021030004
Account number: 75010501
Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer
Division New York, NY
(* Please note organization initiating payment is likely to incur a charge from
your Financial Institution for this type of payment)
(iii) For International ACH Returns:
Beneficiary Account: Federal Reserve Bank of New York/ITS (FRBNY/ITS)
Bank: Citibank N.A. (New York)
Swift Code: CITIUS33
Account Number: 36838868
Bank Address: 388 Greenwich Street, New York, NY 10013 USA
Payment Details (Line 70): Agency
Name (abbreviated when possible) and ALC Agency POC: Michelle Haney,
(301) 492-5065
Page 238
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 20 of 50
(iv) For recipients that do not have electronic remittance capability, please make
check** payable to: “The Department of Health and Human Services.”
Mail Check to Treasury approved lockbox:
HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231
(** Please allow 4-6 weeks for processing of a payment by check to be applied to
the appropriate PMS account)
(v) Any additional information/instructions may be found on the PMS Web site at
http://www.dpm.psc.gov/.
2.2 Payment Method.
Recipients must utilize the Department of Treasury Automated Standard Application for
Payments (ASAP) payment system to request advance or reimbursement payments. ASAP is a
Recipient-initiated payment and information system designed to provide a single point of contact
for the request and delivery of Federal funds. ASAP is the only allowable method for request
and receipt of payment. Recipient procedures must minimize the time elapsing between the
drawdown of Federal funds and the disbursement for agreement purposes.
In accordance with 2 CFR 25.200(b)(2) the Recipient shall “Maintain an active SAM registration
with current information at all times during which it has an active Federal award or an
application or plan under consideration by an agency”. If the Recipient allows their SAM
registration to lapse, the Recipient’s accounts within ASAP will be automatically suspended by
Reclamation until such time as the Recipient renews their SAM registration.
3. PROCUREMENT STANDARDS (2 CFR 200.317 THROUGH 200.326)
200.317 Procurements by States.
When procuring property and services under a Federal award, a state must follow the same
policies and procedures it uses for procurements from its non-Federal funds. The state will
comply with 200.322 Procurement of recovered materials and ensure that every purchase order
or other contract includes any clauses required by section 200.326 Contract provisions. All other
non-Federal entities, including subrecipients of a state, will follow 200.318 General procurement
standards through 200.326 Contract provisions.
200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which
reflect applicable State, local, and tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase
orders.
Page 239
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 21 of 50
(c)
(1) The non-Federal entity must maintain written standards of conduct covering conflicts
of interest and governing the actions of its employees engaged in the selection, award
and administration of contracts. No employee, officer, or agent may participate in the
selection, award, or administration of a contract supported by a Federal award if he or
she has a real or apparent conflict of interest. Such a conflict of interest would arise
when the employee, officer, or agent, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of the
parties indicated herein, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract. The officers, employees, and agents of
the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts. However, non-Federal
entities may set standards for situations in which the financial interest is not
substantial or the gift is an unsolicited item of nominal value. The standards of
conduct must provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the non-Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a
state, local government, or Indian tribe, the non-Federal entity must also maintain
written standards of conduct covering organizational conflicts of interest.
Organizational conflicts of interest means that because of relationships with a parent
company, affiliate, or subsidiary organization, the non-Federal entity is unable or
appears to be unable to be impartial in conducting a procurement action involving a
related organization.
(d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative
items. Consideration should be given to consolidating or breaking out procurements to
obtain a more economical purchase. Where appropriate, an analysis will be made of lease
versus purchase alternatives, and any other appropriate analysis to determine the most
economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-
effective use of shared services across the Federal Government, the non-Federal entity is
encouraged to enter into state and local intergovernmental agreements or inter-entity
agreements where appropriate for procurement or use of common or shared goods and
services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of
purchasing new equipment and property whenever such use is feasible and reduces
project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost
reductions. Value engineering is a systematic and creative analysis of each contract item
or task to ensure that its essential function is provided at the overall lower cost.
Page 240
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 22 of 50
(h) The non-Federal entity must award contracts only to responsible contractors possessing
the ability to perform successfully under the terms and conditions of a proposed
procurement. Consideration will be given to such matters as contractor integrity,
compliance with public policy, record of past performance, and financial and technical
resources. See also 200.212 Suspension and debarment.
(i) The non-Federal entity must maintain records sufficient to detail the history of
procurement. These records will include but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price.
(j)
(1) The non-Federal entity may use a time and materials type contract only after a
determination that no other contract is suitable and if the contract includes a ceiling
price that the contractor exceeds at its own risk. Time and materials type contract
means a contract whose cost to a non-Federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials
contract provides no positive profit incentive to the contractor for cost control or
labor efficiency. Therefore, each contract must set a ceiling price that the contractor
exceeds at its own risk. Further, the non-Federal entity awarding such a contract must
assert a high degree of oversight in order to obtain reasonable assurance that the
contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative
practice and sound business judgment, for the settlement of all contractual and
administrative issues arising out of procurements. These issues include, but are not
limited to, source evaluation, protests, disputes, and claims. These standards do not
relieve the non-Federal entity of any contractual responsibilities under its contracts. The
Federal awarding agency will not substitute its judgment for that of the non-Federal
entity unless the matter is primarily a Federal concern. Violations of law will be referred
to the local, state, or Federal authority having proper jurisdiction.
200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, or invitations for bids
or requests for proposals must be excluded from competing for such procurements. Some
of the situations considered to be restrictive of competition include but are not limited to:
Page 241
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 23 of 50
(1) Placing unreasonable requirements on firms in order for them to qualify to do
business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be
offered and describing the performance or other relevant requirements of the
procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of
statutorily or administratively imposed state, local, or tribal geographical preferences in
the evaluation of bids or proposals, except in those cases where applicable Federal
statutes expressly mandate or encourage geographic preference. Nothing in this section
preempts state licensing laws. When contracting for architectural and engineering (A/E)
services, geographic location may be a selection criterion provided its application leaves
an appropriate number of qualified firms, given the nature and size of the project, to
compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These
procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be procured. Such description must not, in competitive
procurements, contain features which unduly restrict competition. The description
may include a statement of the qualitative nature of the material, product or service to
be procured and, when necessary, must set forth those minimum essential
characteristics and standards to which it must conform if it is to satisfy its intended
use. Detailed product specifications should be avoided if at all possible. When it is
impractical or uneconomical to make a clear and accurate description of the technical
requirements, a “brand name or equivalent” description may be used as a means to
define the performance or other salient requirements of procurement. The specific
features of the named brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be
used in evaluating bids or proposals.
Page 242
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 24 of 50
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or
products which are used in acquiring goods and services are current and include enough
qualified sources to ensure maximum open and free competition. Also, the non-Federal
entity must not preclude potential bidders from qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
200.320 Methods of procurement to be followed.
The non-Federal entity must use one of the following methods of procurement.
(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of
supplies or services, the aggregate dollar amount of which does not exceed the micro-
purchase threshold (200.67 Micro-purchase). To the extent practicable, the non-Federal
entity must distribute micro-purchases equitably among qualified suppliers. Micro-
purchases may be awarded without soliciting competitive quotations if the non-Federal
entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those
relatively simple and informal procurement methods for securing services, supplies, or
other property that do not cost more than the Simplified Acquisition Threshold. If small
purchase procedures are used, price or rate quotations must be obtained from an adequate
number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited, and a firm
fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose
bid, conforming with all the material terms and conditions of the invitation for bids, is the
lowest in price. The sealed bid method is the preferred method for procuring
construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is
available;
(ii) Two or more responsible bidders are willing and able to compete effectively for
the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing
them sufficient response time prior to the date set for opening the bids, for state,
local, and tribal governments, the invitation for bids must be publicly advertised;
Page 243
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 25 of 50
(ii) The invitation for bids, which will include any specifications and pertinent
attachments, must define the items or services in order for the bidder to properly
respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids,
and for local and tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest
responsive and responsible bidder. Where specified in bidding documents, factors
such as discounts, transportation cost, and life cycle costs must be considered in
determining which bid is lowest. Payment discounts will only be used to
determine the low bid when prior experience indicates that such discounts are
usually taken advantage of; and
(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is
normally conducted with more than one source submitting an offer, and either a fixed
price or cost-reimbursement type contract is awarded. It is generally used when
conditions are not appropriate for the use of sealed bids. If this method is used, the
following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their
relative importance. Any response to publicized requests for proposals must be
considered to the maximum extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technical
evaluations of the proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-
based procurement of architectural/engineering (A/E) professional services whereby
competitors' qualifications are evaluated and the most qualified competitor is
selected, subject to negotiation of fair and reasonable compensation. The method,
where price is not used as a selection factor, can only be used in procurement of A/E
professional services. It cannot be used to purchase other types of services though
A/E firms are a potential source to perform the proposed effort.
(e) [Reserved]
Page 244
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 26 of 50
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used
only when one or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes
noncompetitive proposals in response to a written request from the non-Federal
entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
200.321 Contracting with small and minority businesses, women's business enterprises,
and labor surplus area firms.
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when
possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs (1) through (5) of this section.
Page 245
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 27 of 50
200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every
procurement action in excess of the Simplified Acquisition Threshold including contract
modifications. The method and degree of analysis is dependent on the facts surrounding
the particular procurement situation, but as a starting point, the non-Federal entity must
make independent estimates before receiving bids or proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each
contract in which there is no price competition and in all cases where cost analysis is
performed. To establish a fair and reasonable profit, consideration must be given to the
complexity of the work to be performed, the risk borne by the contractor, the contractor's
investment, the amount of subcontracting, the quality of its record of past performance,
and industry profit rates in the surrounding geographical area for similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are
allowable only to the extent that costs incurred, or cost estimates included in negotiated
prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of
this part. The non-Federal entity may reference its own cost principles that comply with
the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of
contracting must not be used.
200.324 Federal awarding agency or pass-through entity review.
(a) The non-Federal entity must make available, upon request of the Federal awarding agency
or pass-through entity, technical specifications on proposed procurements where the
Federal awarding agency or pass-through entity believes such review is needed to ensure
that the item or service specified is the one being proposed for acquisition. This review
generally will take place prior to the time the specification is incorporated into a
Page 246
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 28 of 50
solicitation document. However, if the non-Federal entity desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or
pass-through entity may still review the specifications, with such review usually limited
to the technical aspects of the proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding
agency or pass-through entity pre-procurement review, procurement documents, such as
requests for proposals or invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the
procurement standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to
be awarded without competition or only one bid or offer is received in response to a
solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold,
specifies a “brand name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be
awarded to other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the
contract amount by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of
this section if the Federal awarding agency or pass-through entity determines that its
procurement systems comply with the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by the
Federal awarding agency or pass-through entity to determine whether its system
meets these standards in order for its system to be certified. Generally, these reviews
must occur where there is continuous high-dollar funding, and third party contracts
are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-
certification must not limit the Federal awarding agency's right to survey the system.
Under a self-certification procedure, the Federal awarding agency may rely on written
assurances from the non-Federal entity that it is complying with these standards. The
non-Federal entity must cite specific policies, procedures, regulations, or standards as
being in compliance with these requirements and have its system available for review.
200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the
Page 247
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 29 of 50
bonding policy and requirements of the non-Federal entity provided that the Federal awarding
agency or pass-through entity has made a determination that the Federal interest is adequately
protected. If such a determination has not been made, the minimum requirements must be as
follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid
guarantee” must consist of a firm commitment such as a bid bond, certified check, or
other negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
“performance bond” is one executed in connection with a contract to secure fulfillment of
all the contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A
“payment bond” is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work
provided for in the contract.
200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix
II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
4. EQUIPMENT (2 CFR 200.313)
See also 200.439 Equipment and other capital expenditures.
(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment
acquired under a Federal award will vest upon acquisition in the non-Federal entity.
Unless a statute specifically authorizes the Federal agency to vest title in the non-Federal
entity without further obligation to the Federal Government, and the Federal agency
elects to do so, the title must be a conditional title. Title must vest in the non-Federal
entity subject to the following conditions:
(1) Use the equipment for the authorized purposes of the project during the period of
performance, or until the property is no longer needed for the purposes of the project.
(2) Not encumber the property without approval of the Federal awarding agency or pass-
through entity.
(3) Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this
section.
Page 248
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 30 of 50
(b) A state must use, manage and dispose of equipment acquired under a Federal award by
the state in accordance with state laws and procedures. Other non-Federal entities must
follow paragraphs (c) through (e) of this section.
(c) Use.
(1) Equipment must be used by the non-Federal entity in the program or project for which
it was acquired as long as needed, whether or not the project or program continues to
be supported by the Federal award, and the non-Federal entity must not encumber the
property without prior approval of the Federal awarding agency. When no longer
needed for the original program or project, the equipment may be used in other
activities supported by the Federal awarding agency, in the following order of
priority:
(i) Activities under a Federal award from the Federal awarding agency which funded
the original program or project, then
(ii) Activities under Federal awards from other Federal awarding agencies. This
includes consolidated equipment for information technology systems.
(2) During the time that equipment is used on the project or program for which it was
acquired, the non-Federal entity must also make equipment available for use on other
projects or programs currently or previously supported by the Federal Government,
provided that such use will not interfere with the work on the projects or program for
which it was originally acquired. First preference for other use must be given to other
programs or projects supported by Federal awarding agency that financed the
equipment and second preference must be given to programs or projects under
Federal awards from other Federal awarding agencies. Use for non-federally funded
programs or projects is also permissible. User fees should be considered if
appropriate.
(3) Notwithstanding the encouragement in 200.307 Program income to earn program
income, the non-Federal entity must not use equipment acquired with the Federal
award to provide services for a fee that is less than private companies charge for
equivalent services unless specifically authorized by Federal statute for as long as the
Federal Government retains an interest in the equipment.
(4) When acquiring replacement equipment, the non-Federal entity may use the
equipment to be replaced as a trade-in or sell the property and use the proceeds to
offset the cost of the replacement property.
(d) Management requirements. Procedures for managing equipment (including replacement
equipment), whether acquired in whole or in part under a Federal award, until disposition
takes place will, as a minimum, meet the following requirements:
Page 249
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 31 of 50
(1) Property records must be maintained that include a description of the property, a
serial number or other identification number, the source of funding for the property
(including the FAIN), who holds title, the acquisition date, and cost of the property,
percentage of Federal participation in the project costs for the Federal award under
which the property was acquired, the location, use and condition of the property, and
any ultimate disposition data including the date of disposal and sale price of the
property.
(2) A physical inventory of the property must be taken, and the results reconciled with the
property records at least once every two years.
(3) A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft must be investigated.
(4) Adequate maintenance procedures must be developed to keep the property in good
condition.
(5) If the non-Federal entity is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
(e) Disposition. When original or replacement equipment acquired under a Federal award is
no longer needed for the original project or program or for other activities currently or
previously supported by a Federal awarding agency, except as otherwise provided in
Federal statutes, regulations, or Federal awarding agency disposition instructions, the
non-Federal entity must request disposition instructions from the Federal awarding
agency if required by the terms and conditions of the Federal award. Disposition of the
equipment will be made as follows, in accordance with Federal awarding agency
disposition instructions:
(1) Items of equipment with a current per unit fair market value of $5,000 or less may be
retained, sold or otherwise disposed of with no further obligation to the Federal
awarding agency.
(2) Except as provided in 200.312 Federally-owned and exempt property, paragraph (b),
or if the Federal awarding agency fails to provide requested disposition instructions
within 120 days, items of equipment with a current per-unit fair-market value in
excess of $5,000 may be retained by the non-Federal entity or sold. The Federal
awarding agency is entitled to an amount calculated by multiplying the current market
value or proceeds from sale by the Federal awarding agency's percentage of
participation in the cost of the original purchase. If the equipment is sold, the Federal
awarding agency may permit the non-Federal entity to deduct and retain from the
Federal share $500 or ten percent of the proceeds, whichever is less, for its selling
and handling expenses.
(3) The non-Federal entity may transfer title to the property to the Federal Government or
to an eligible third party provided that, in such cases, the non-Federal entity must be
Page 250
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 32 of 50
entitled to compensation for its attributable percentage of the current fair market
value of the property.
(4) In cases where a non-Federal entity fails to take appropriate disposition actions, the
Federal awarding agency may direct the non-Federal entity to take disposition
actions.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75884, Dec. 19, 2014]
5. SUPPLIES (2 CFR 200.314)
See also 200.453 Materials and supplies costs, including costs of computing devices.
(a) Title to supplies will vest in the non-Federal entity upon acquisition. If there is a residual
inventory of unused supplies exceeding $5,000 in total aggregate value upon termination
or completion of the project or program and the supplies are not needed for any other
Federal award, the non-Federal entity must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the Federal Government for its share.
The amount of compensation must be computed in the same manner as for equipment.
See 200.313 Equipment, paragraph (e)(2) for the calculation methodology.
(b) As long as the Federal Government retains an interest in the supplies, the non-Federal
entity must not use supplies acquired under a Federal award to provide services to other
organizations for a fee that is less than private companies charge for equivalent services,
unless specifically authorized by Federal statute.
6. INSPECTION
Reclamation has the right to inspect and evaluate the work performed or being performed under
this Agreement, and the premises where the work is being performed, at all reasonable times and
in a manner that will not unduly delay the work. If Reclamation performs inspection or
evaluation on the premises of the Recipient or a sub-Recipient, the Recipient shall furnish and
shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and
convenient performance of these duties.
7. AUDIT REQUIREMENTS (2 CFR 200.501)
(a) Audit required. A non-Federal entity that expends $750,000 or more during the non-
Federal entity's fiscal year in Federal awards must have a single or program-specific audit
conducted for that year in accordance with the provisions of this part.
(b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal
entity's fiscal year in Federal awards must have a single audit conducted in accordance
with 200.514 Scope of audit except when it elects to have a program-specific audit
conducted in accordance with paragraph (c) of this section.
Page 251
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 33 of 50
(c) Program-specific audit election. When an auditee expends Federal awards under only one
Federal program (excluding R&D) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit of
the auditee, the auditee may elect to have a program-specific audit conducted in
accordance with 200.507 Program-specific audits. A program-specific audit may not be
elected for R&D unless all of the Federal awards expended were received from the same
Federal agency, or the same Federal agency and the same pass-through entity, and that
Federal agency, or pass-through entity in the case of a subrecipient, approves in advance
a program-specific audit.
(d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity
that expends less than $750,000 during the non-Federal entity's fiscal year in Federal
awards is exempt from Federal audit requirements for that year, except as noted in
200.503 Relation to other audit requirements, but records must be available for review or
audit by appropriate officials of the Federal agency, pass-through entity, and Government
Accountability Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an
auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity
for purposes of this part.
(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a
subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient
are subject to audit under this part. The payments received for goods or services provided
as a contractor are not Federal awards. Section 200.330 Subrecipient and contractor
determinations sets forth the considerations in determining whether payments constitute a
Federal award or a payment for goods or services provided as a contractor.
(g) Compliance responsibility for contractors. In most cases, the auditee's compliance
responsibility for contractors is only to ensure that the procurement, receipt, and payment
for goods and services comply with Federal statutes, regulations, and the terms and
conditions of Federal awards. Federal award compliance requirements normally do not
pass through to contractors. However, the auditee is responsible for ensuring compliance
for procurement transactions which are structured such that the contractor is responsible
for program compliance or the contractor's records must be reviewed to determine
program compliance. Also, when these procurement transactions relate to a major
program, the scope of the audit must include determining whether these transactions are
in compliance with Federal statutes, regulations, and the terms and conditions of Federal
awards.
(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-
through entity is responsible for establishing requirements, as necessary, to ensure
compliance by for-profit subrecipients. The agreement with the for-profit subrecipient
must describe applicable compliance requirements and the for-profit subrecipient's
compliance responsibility. Methods to ensure compliance for Federal awards made to for-
Page 252
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 34 of 50
profit subrecipients may include pre-award audits, monitoring during the agreement, and
post-award audits. See also 200.331 Requirements for pass-through entities.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014]
8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.338)
200.338 Remedies for noncompliance.
If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and
conditions of a Federal award, the Federal awarding agency or pass-through entity may impose
additional conditions, as described in 200.207 Specific conditions. If the Federal awarding
agency or pass-through entity determines that noncompliance cannot be remedied by imposing
additional conditions, the Federal awarding agency or pass-through entity may take one or more
of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the non-
Federal entity or more severe enforcement action by the Federal awarding agency or
pass-through entity.
(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or
part of the cost of the activity or action not in compliance.
(c) Wholly or partly suspend or terminate the Federal award.
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal awarding agency regulations (or in the case of a pass-through entity, recommend
such a proceeding be initiated by a Federal awarding agency).
(e) Withhold further Federal awards for the project or program.
(f) Take other remedies that may be legally available.
9. TERMINATION (2 CFR 200.339)
(a) The Federal award may be terminated in whole or in part as follows:
(1) By the Federal awarding agency or pass-through entity, if a non-Federal entity fails to
comply with the terms and conditions of a Federal award;
(2) By the Federal awarding agency or pass-through entity for cause;
(3) By the Federal awarding agency or pass-through entity with the consent of the non-
Federal entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated; or
Page 253
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 35 of 50
(4) By the non-Federal entity upon sending to the Federal awarding agency or pass-
through entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal awarding agency or pass-through entity determines in the
case of partial termination that the reduced or modified portion of the Federal award
or subaward will not accomplish the purposes for which the Federal award was made,
the Federal awarding agency or pass-through entity may terminate the Federal award
in its entirety.
(b) When a Federal award is terminated or partially terminated, both the Federal awarding
agency or pass-through entity and the non-Federal entity remain responsible for
compliance with the requirements in 200.343 Closeout and 200.344 Post-closeout
adjustments and continuing responsibilities.
10. DEBARMENT AND SUSPENSION (2 CFR 1400)
The Department of the Interior regulations at 2 CFR 1400—Governmentwide Debarment and
Suspension (Nonprocurement), which adopt the common rule for the governmentwide system of
debarment and suspension for nonprocurement activities, are hereby incorporated by reference
and made a part of this Agreement. By entering into this grant or cooperative Agreement with
the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 1400, Subpart C, and
agrees to include a similar term or condition in all lower tier covered transactions. These
regulations are available at http://www.gpoaccess.gov/ecfr/.
11. DRUG-FREE WORKPLACE (2 CFR 182 AND 1401)
The Department of the Interior regulations at 2 CFR 1401—Governmentwide Requirements for
Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free
Workplace Act of 1988 (41 U.S.C. 701 et seq, as amended) applicable to grants and cooperative
agreements, are hereby incorporated by reference and made a part of this agreement. By
entering into this grant or cooperative agreement with the Bureau of Reclamation, the Recipient
agrees to comply with 2 CFR 182.
12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE
The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the Recipient
in connection with this Agreement shall apply with full force and effect to this Agreement. All
anti-discrimination and equal opportunity statutes, regulations, and Executive Orders that apply
to the expenditure of funds under Federal contracts, grants, and cooperative Agreements, loans,
and other forms of Federal assistance. The Recipient shall comply with Title VI or the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program-specific
statutes with anti-discrimination requirements. The Recipient shall comply with civil rights laws
including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans
Page 254
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 36 of 50
with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational
Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act.
Such Assurances also include, but are not limited to, the promise to comply with all applicable
Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing;
the Hatch Act; Federal wage and hour laws and regulations and work place safety standards;
Federal environmental laws and regulations and the Endangered Species Act; and Federal
protection of rivers and waterways and historic and archeological preservation.
13. COVENANT AGAINST CONTINGENT FEES
The Recipient warrants that no person or agency has been employed or retained to solicit or
secure this Agreement upon an Agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and
maintained by the Recipient for the purpose of securing Agreements or business. For breach or
violation of this warranty, the Government shall have the right to annul this Agreement without
liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15)
Trafficking in persons.
(a) Provisions applicable to a recipient that is a private entity.
(1) You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not
(i) Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
(ii) Procure a commercial sex act during the period of time that the award is in effect;
or
(iii) Use forced labor in the performance of the award or subawards under the award.
(2) We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity —
(i) Is determined to have violated a prohibition in paragraph a.1 of this award term; or
(ii) Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph a.1 of this award term
through conduct that is either:
(A) Associated with performance under this award; or
Page 255
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 37 of 50
(B) Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in
2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),” as implemented by our
agency at 2 CFR part 1400.
(b) Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient
that is a private entity—
(1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award
term; or
(2) Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term
through conduct that is either:
(i) Associated with performance under this award; or
(ii) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
“OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 2 CFR part 1400.
(c) Provisions applicable to any recipient.
(1) You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
(2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
(i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
(ii) Is in addition to all other remedies for noncompliance that are available to us
under this award.
(3) You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
Page 256
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 38 of 50
(d) Definitions. For purposes of this award term:
(1) “Employee” means either:
(i) An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
(ii) Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
(2) “Forced labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
(3) “Private entity”:
(i) Means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
(ii) Includes:
(A) A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
(B) A for-profit organization.
(4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18)
The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the
following certification:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, and officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
Page 257
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 39 of 50
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying” in accordance with its instructions.
(c) The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.)
(a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended,
requires certain assurances for Reclamation funded land acquisition projects conducted
by a Recipient that cause the displacement of persons, businesses, or farm operations.
Because Reclamation funds only support acquisition of property or interests in property
from willing sellers, it is not anticipated that Reclamation funds will result in any
“displaced persons,” as defined under the URA.
(b) However, if Reclamation funds are used for the acquisition of real property that results in
displacement, the URA requires Recipients to ensure that reasonable relocation payments
and other remedies will be provided to any displaced person. Further, when acquiring
real property, Recipients must be guided, to the greatest extent practicable, by the land
acquisition policies in 42 U.S.C. 4651.
(c) Exemptions to the URA and 49 CFR Part 24
(1) The URA provides for an exemption to the appraisal, review and certification rules
for those land acquisitions classified as “voluntary transactions.” Such “voluntary
transactions” are classified as those that do not involve an exercise of eminent domain
authority on behalf of a Recipient and must meet the conditions specified at
49 CFR 24.101(b)(1)(i)-(iv).
Page 258
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 40 of 50
(2) For any land acquisition undertaken by a Recipient that receives Reclamation funds,
but does not have authority to acquire the real property by eminent domain, to be
exempt from the requirements of 49 CFR Part 24 the Recipient must:
(i) provide written notification to the owner that it will not acquire the property in
the event negotiations fail to result in an amicable agreement, and;
(ii) inform the owner in writing of what it believes to be the market value of the
property
(d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any
land appraisal whether or not such review is required under the URA or 49 CFR 24.104.
Such reviews may be conducted by the Department of the Interior’s Appraisal Services
Directorate or a Reclamation authorized designee. When Reclamation determines that a
review of the original appraisal is necessary, Reclamation will notify the Recipient and
provide an estimated completion date of the initial appraisal review.
17. SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER
REQUIREMENTS (2 CFR 25, APPENDIX A)
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient
must maintain the currency of your information in the SAM until you submit the final
financial report required under this award or receive the final payment, whichever is later.
This requires that you review and update the information at least annually after the initial
registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this
award term) may receive a subaward from you unless the entity has provided its
unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity
identifier to you.
C. Definitions
For purposes of this award term:
1. System for Award Management (SAM) means the Federal repository into which an
entity must provide information required for the conduct of business as a recipient.
Page 259
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 41 of 50
Additional information about registration procedures may be found at the SAM
Internet site (currently at http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to
uniquely identify business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at
2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian
Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award
and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see 2 CFR 200.330).
c. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT
SUPPLIED BY THE GOVERNMENT WHILE DRIVING
Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was
signed by President Barack Obama on October 1, 2009 (ref:
http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order introduces a
Federal Government-wide prohibition on the use of text messaging while driving on official
Page 260
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 42 of 50
business or while using Government-supplied equipment. Additional guidance enforcing the ban
will be issued at a later date. In the meantime, please adopt and enforce policies that
immediately ban text messaging while driving company-owned or rented vehicles, government-
owned or leased vehicles, or while driving privately owned vehicles when on official
government business or when performing any work for or on behalf of the government.
19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170
APPENDIX A)
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a
subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this
award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation
was made on November 7, 2010, the obligation must be reported by no later
than December 31, 2010.)
3. What to report. You must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if—
i. the total Federal funding authorized to date under this award is $25,000 or
more;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
Page 261
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 43 of 50
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
iii. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
i. As part of your registration profile at http://www.ccr.gov.
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986. (To determine if the public has access
Page 262
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 44 of 50
to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the
month of October of a given year (i.e., between October 1 and 31), you must
report any required compensation information of the subrecipient by
November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000,
you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian
tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
Page 263
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 45 of 50
3. Subaward:
i. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec. __ .210
of the attachment to OMB Circular A-133, “Audits of States, Local
Governments, and Non-Profit Organizations”).
iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include
group life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of executives and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation
(e.g. severance, termination payments, value of life insurance paid on behalf
of the employee, perquisites or property) for the executive exceeds $10,000.
Page 264
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 46 of 50
20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
(a) This award and employees working on this financial assistance agreement will be subject
to the whistleblower rights and remedies in the pilot program on Award Recipient
employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
(b) The Award Recipient shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41 U.S.C 4712.
(c) The Award Recipient shall insert the substance of this clause, including this paragraph
(c), in all subawards or subcontracts over the simplified acquisition threshold.
48 CFR 52.203-17 (as referenced in 48 CFR 3.908-9).
21. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS (APPENDIX XII to 2
CFR Part 200)
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of information
reported to the System for Award Management (SAM) that is made available in the
designated integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS)) about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and condition.
This is a statutory requirement under section 872 of Public Law 110-417, as amended
(41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all
information posted in the designated integrity and performance system on or after
April 15, 2011, except past performance reviews required for Federal procurement
contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement,
or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
Page 265
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 47 of 50
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5
of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment
of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000
or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term
and condition, that resulted in a finding of fault and liability and your payment
of either a monetary fine or penalty of $5,000 or more or reimbursement,
restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3)
of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and
regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph 2 of this award term and condition. You do
not need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of
this award term and condition, you must report proceedings information through
SAM for the most recent five year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new
information to report. Recipients that have Federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must
disclose semiannually any information about the criminal, civil, and administrative
proceedings.
Page 266
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 48 of 50
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings, Civilian Board of Contract
Appeals proceedings, and Armed Services Board of Contract Appeals
proceedings). This includes proceedings at the Federal and State level but only in
connection with performance of a Federal contract or grant. It does not include
audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether
entered upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement
contracts includes—
(1) Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
22. CONFLICTS OF INTEREST
(a) Applicability.
(1) This section intends to ensure that non-Federal entities and their employees take
appropriate steps to avoid conflicts of interest in their responsibilities under or with
respect to Federal financial assistance agreements.
(2) In the procurement of supplies, equipment, construction, and services by recipients
and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply.
(b) Requirements.
(1) Non-Federal entities must avoid prohibited conflicts of interest, including any
significant financial interests that could cause a reasonable person to question the
recipient's ability to provide impartial, technically sound, and objective performance
under or with respect to a Federal financial assistance agreement.
(2) In addition to any other prohibitions that may apply with respect to conflicts of
interest, no key official of an actual or proposed recipient or subrecipient, who is
Page 267
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 49 of 50
substantially involved in the proposal or project, may have been a former Federal
employee who, within the last one (1) year, participated personally and substantially
in the evaluation, award, or administration of an award with respect to that recipient
or subrecipient or in development of the requirement leading to the funding
announcement.
(3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-
public information regarding the evaluation, award, or administration of an award to
that recipient or subrecipient or the development of a Federal financial assistance
opportunity that may be of competitive interest to that recipient or subrecipient.
(c) Notification.
(1) Non-Federal entities, including applicants for financial assistance awards, must
disclose in writing any conflict of interest to the DOI awarding agency or pass-
through entity in accordance with 2 CFR 200.112, Conflicts of Interest.
(2) Recipients must establish internal controls that include, at a minimum, procedures to
identify, disclose, and mitigate or eliminate identified conflicts of interest. The
recipient is responsible for notifying the Financial Assistance Officer in writing of
any conflicts of interest that may arise during the life of the award, including those
that have been reported by subrecipients.
(d) Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds
under this grant or cooperative agreement for lobbying activities and must provide the
required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 13 52.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict of
interest disclosure on the basis of its particular facts and the nature of the proposed grant or
cooperative agreement and will determine whether a significant potential conflict exists and,
if it does, develop an appropriate means for resolving it.
(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
Government may be cause for termination of the award. Failure to make required disclosures
may result in any of the remedies described in 2 CFR 200.338, Remedies for
Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
23. DATA AVAILABILITY
(a) Applicability. The Department of the Interior is committed to basing its decisions on the
best available science and providing the American people with enough information to
thoughtfully and substantively evaluate the data, methodology, and analysis used by the
Department to inform its decisions.
(b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal
award, including the provision that the Federal Government has the right to obtain,
Page 268
Item 18.
Agreement No. R19AP00169
Agreement
(03/2019)
Page 50 of 50
reproduce, publish, or otherwise use the data produced under a Federal award as well as
authorize others to receive, reproduce, publish, or otherwise use such data for Federal
purposes.
(c) Availability of Data. The recipient shall make the data produced under this award and
any subaward(s) available to the Government for public release, consistent with
applicable law, to allow meaningful third-party evaluation and reproduction of the
following:
(i) The scientific data relied upon;
(ii) The analysis relied upon; and
(iii) The methodology, including models, used to gather and analyze data.
Page 269
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Beth Rosen, Grants Compliance and Policy Manager
SUBJECT
First Reading of Ordinance No. 035, 2024, Authorizing the Release of Restrictive Covenants on
Property at 2850 Sykes Drive, Developed by Fort Collins Habitat for Humanity.
EXECUTIVE SUMMARY
The purpose of this item is to obtain authorization from Council to terminate the HOME Investment
Partnership Funding Development Contract with Fort Collins Habitat for Humanity (Habitat) and release
the Agreement of Restrictive Covenants Affecting Real Property on the single-family home located at 2850
Sykes Drive. Termination of the contract and release of the Agreement of Restrictive Covenants is required
for Fort Collins Habitat for Humanity to move forward with the sale of the home to the buyer.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On April 13, 2023, the City entered into a Development Contract for HOME Investment Partnership (HOME)
funding with Fort Collins Habitat for Humanity. The contract provided for the payment of $80,000 in HOME
funding to support the construction costs of a single-family home built in partnership with the Geometry in
Construction program at Poudre High School (PHS). The contract funding agreement was secured by a
Promissory Note, Deed of Trust and Agreement of Restrictive Covenants ensuring the home would be
transferred to an income eligible buyer and remain affordable for a period of 20 years.
Funds were to be provided as a reimbursement of eligible construction costs to reduce the purchase price
of the home for the income qualified buyer. No payments have been made under the terms of the contract.
At the time of contracting, an income eligible homeowner had been selected through Habitat’s rigorous
selection process. The selected buyer has since completed all program requirements and contributed the
required sweat equity towards the building of the hom e. However, on January 5, 2024, Habitat submitted
a letter to the City of Fort Collins requesting termination of the contract so they can sell the property to the
buyer because the buyer no longer meets applicable income restrictions. Termination of the contract and
release of the Agreement of Restrictive Covenants would allow Habitat to move forward with the sale of
the unrestricted home to the buyer.
Page 270
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
If approved, this home will not receive any investment of City or federal funds and will not be a part of the
long-term affordable housing inventory. Habitat will retain a first right of refusal to purchase the home back
from the owner and may seek future funding to subsidize the home for a subsequent buyer.
CITY FINANCIAL IMPACTS
The $80,000 in unexpended HOME funds will go into the Spring 2024 Competitive Process to be allocated
to another affordable housing project. Habitat for Humanity continues to build affordable home ownership
units and will apply for funding to support the development of four new units at Harmony Cottages. Funding
recommendations related to the reallocation of funds will be presented to Council in June as part of th e
2024 Competitive Process Funding Recommendations.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Human Services and Housing Funding Board voted to recommend this request at its regular Board
meeting held on January 10, 2024.
The Affordable Housing Board voted to recommend this request at its regular Board meeting held on
February 1, 2024.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Request from Fort Collins Habitat for Humanity
3. Human Services and Housing Funding Board Minutes, January 10, 2024
Page 271
Item 19.
-1-
ORDINANCE NO. 035, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE RELEASE OF RESTRICTIVE COVENANTS
ON PROPERTY AT 2850 SYKES DRIVE, DEVELOPED BY FORT
COLLINS HABITAT FOR HUMANITY
A. On April 13, 2023, the City of Fort Collins entered into a Development
Contract (the “Agreement”) for HOME Investment Partnership (“HOME”) funding with Fort
Collins Habitat for Humanity.
B. The Agreement provided for the payment of $80,000 in HOME funding to
support the construction costs of a single-family home built in partnership with the
Geometry in Construction program at Poudre High School. The property is located at
2850 Sykes Drive (the “Property”).
C. The HOME funding was secured by a Promissory Note, Deed of Trust and
Agreement of Restrictive Covenants ensuring the Property would be transferred to an
income eligible buyer and remain affordable for a period of 20 years (the “Covenant”).
D. Funding under the Agreement was to be provided as a reimbursement of
eligible construction costs to reduce the purchase price of the Property for the income-
qualified buyer. No payments have been made by the City under the terms of the
Agreement.
E. At the time of execution of the Agreement, an income eligible buyer
("Buyer") had been selected through Habitat for Humanity’s selection process. The Buyer
has since completed all program requirements and contributed the required physical work
towards the building of the home on the Property.
F. On January 5, 2024, Habitat for Humanity requested termination of the
Agreement so it can sell the Property to the Buyer, who now does not meet applicable
income requirements. Termination of the Agreement and release of the Covenant would
allow Habitat for Humanity to sell the Property to the Buyer. Further, there is no negative
financial impact to the City because City staff will add the unpaid HOME funding to the
funds distributed through the Social Sustainability’s annual competitive process.
G. The City’s right under the Covenant to restrict the use of the Property
constitutes an interest in real property owned by the City that the City would be giving up
by releasing the Covenant.
H. City Code Section 23-111(a) states that the City Council is authorized 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 other disposition
is in the best interests of the City.
Page 272
Item 19.
-2-
I. Authorizing the release of the Covenant in these circumstances provides
flexibility to Habitat for Humanity to administer its affordable housing program, allowing it
to both honor its commitment to the Buyer and to maximize its creation of new affordable
housing in Fort Colins. Accordingly, the City Council hereby finds that releasing the
Covenant on the Property on the terms and conditions described herein is in the best
interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the City Manager to execute
such documents as are necessary to release the Property from the Covenant on terms
and conditions consistent with this Ordinance, along with such other terms and conditions
as the City Manager, in consultation with the City Attorney, determines are necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Ordinance.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Ted Hewitt
Page 273
Item 19.
Page 274
Item 19.
Page 275
Item 19.
Human Services & Housing Funding Board
REGULAR MEETING
January 10, 2024 at 5:30 PM
Remote/ZOOM DRAFT
1/10/2024 – MINUTES Page 1
1. CALL TO ORDER
At 5:31 PM the meeting was called to order by Olga Duvall.
2. ROLL CALL
Board Members Present
o Olga Duvall, Vice Chair
o Christine Koepnick
o Erma Woodfin
o Lori Kempter
o Michaela Ruppert
o Mike Kulisheck
o Mike Nielsen
o Pat Hastings (joined in progress)
Staff Members Present
o Adam Molzer, Staff Liaison, Social Sustainability – City of Fort Collins
o Beth Rosen, Social Sustainability – City of Fort Collins
o Hannah Tinklenberg, Social Sustainability – City of Fort Collins
o Tamra Leavenworth, Social Sustainability – City of Fort Collins
Guests Present
o Councilmember Julie Pignataro
For further information, details and insight, and audio recording, resources are available by contacting the
HSHF-Board staff liaison.
3. AGENDA REVIEW
Olga Duvall read remote session instructions for the Human Services & Housing Funding Board and public
attendees. Adam Molzer reviewed the agenda. The Board accepted the agenda without modification.
4. COMMUNITY PARTICIPATION
None.
5. APPROVAL OF MINUTES – November 8, 2023 Regular Meeting
Pat Hastings motioned to approve the November 8, 2023 meeting minutes as presented. Michaela Ruppert
seconded. Mike Kulisheck abstained because he was not a member in November. Approved 7-0.
6. COUNCIL LIAISON DIALOGUE – COUNCILMEMBER JULIE PIGNATARO
Councilmember and HSHF-Board Council Liaison, Julie Pignataro, joined the HSHF-Board for discussion.
Councilmember Pignataro shared that she may not continue to be the Board’s council liaison into 2024
because council liaisons will be determined at the Council Retreat on January 27. Councilmember Pignataro
DR
A
F
T
Page 276
Item 19.
Human Services & Housing Funding Board
REGULAR BOARD MEETING
1/10/2024 – MINUTES Page 2
shared that every two years, City Council establishes a list of priorities they would like the City to focus on
and that this is the primary purpose of the Council Retreat. Councilmember Pignataro shared some of her
ideas for council priorities, which include addressing food insecurity, housing affordability, and prioritizing
Vision Plan Zero, which addresses safety on roads for all types of commuters.
7. UNFINISHED BUSINESS
None.
8. NEW BUSINESS
a. Habitat for Humanity 2022 Funding Cancellation – Beth Rosen
Beth Rosen
Mike Kulisheck motioned that the Board approve the Habitat for Humanity request to City Council
to remove the affordability restriction on the home. Erma Woodfin seconded. Approved 8-0.
b. HOME-ARP Supportive Services – Hannah Tinklenberg & Beth Rosen
Hannah Tinklenberg provided an overview of the HOME-ARP Supportive Services funding.
c. 2024 Officers Nominations – Vote in February
Adam Molzer
Olga Duvall made the motion for the HSHF Board to vote on Board Officers today. Michaela Ruppert
motioned to nominate Pat Hastings to Board Chair. Mike Nielsen seconded. Pat Hastings abstained.
Approved 7-0.
The Vice Chair position remains filled by Olga Duvall.
d. 2023 Annual Report
Adam Molzer
e. Competitive Process Update & Schedule of Activities
Adam Molzer
9. BOARD MEMBER REPORTS
10. STAFF REPORTS
a. Human Services Priorities Platform Update
Adam Molzer
11. OTHER BUSINESS
Grantee Client Story: Adam Molzer shared a letter that was submitted to Vindeket Market from a Fort Collins
DR
A
F
T
Page 277
Item 19.
Human Services & Housing Funding Board
REGULAR BOARD MEETING
1/10/2024 – MINUTES Page 3
resident who uses their services.
12. NEXT MEETING
Wednesday, February 14, 2024 | 5:30pm | 222 Laporte Avenue – Colorado River Room
13. ADJOURNMENT
Olga Duvall adjourned meeting at 7:08 PM.
Minutes were finalized and approved by the Human Services & Housing Funding Board on ____________________.
DR
A
F
T
Page 278
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Sophie Buckingham, Civil Engineer II
Marissa Pomerleau, Development Review Coordinator
SUBJECT
First Reading of Ordinance No. 036, 2024, Approving the Vacation of a Portion of Two Easements
Originally Dedicated in that Certain Replat of Coachlight Plaza PUD.
EXECUTIVE SUMMARY
The purpose of this item is to approve the vacation of a 1,077 square foot portion of two easements (8’
Electrical Easement and an 8’ Telephone Easement) (the “Easements”) that are no longer required by the
City because they are currently located beneath a newly constructed building envelope.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Easements were originally dedicated to the City in that certain Replat of Coachlight Plaza, recorded
on March 1, 1982, with the Larimer County Clerk and Recorder (the “Replat”).
On May 31, 2022, Coachlight Apartments LLLP (the “Owner”) acquired the property burdened by the
Easements, and subsequently applied for a building permit to enlarge and remodel the original structure
served by the Easements. On April 24, 2023, construction of the new building (the “New Building”) was
approved by the Building and Development Review Department, which issued Building Permit #B2109742
(the “Permit”). Construction was completed shortly thereafter and the Permit was closed out on November
2, 2023, thereby ending the development review process.
The Owner recently advised the City that the Easements were actually located underneath the New
Building and that their final funding is contingent upon obtaining releases of that portion of the Easements
that underly the New Building. The Easements do not contain any public utilities, and the Development
Review Coordinator approves of the vacation of the Easements. However, the vacation of the Easements
requires City Council approval because the construction project for the New Building is no longer in the
development review process.
CITY FINANCIAL IMPACTS
None.
Page 279
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Building and Development Review Department has approved the vacation of the Easement.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Vicinity Map
4. Completion Letter
5. Building Permit
6. Relevant Portion of Replat
Page 280
Item 20.
-1-
ORDINANCE NO. 036, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE VACATION OF A PORTION OF TWO
EASEMENTS ORIGINALLY DEDICATED IN THAT CERTAIN
REPLAT OF COACHLIGHT PLAZA PUD
A. The easements at issue were dedicated to the City in that certain Replat of
Coachlight Plaza, PUD, recorded on March 1, 1982, with the Larimer Couty Clerk and
Recorder, in Book 2156, Page 1197.
B. The easements include an easement for electrical improvements and an
easement for telephone improvements (the “Easements”).
C. In May 2022, Coachlight Apartments, LLLP (“Coachlight”), the owner of the
property burdened by the Easements, applied to the City for a building permit to enlarge
and remodel the original building served by the Easements.
D. In or about April 2023, Coachlight began construction of the new building
pursuant to a City-issued building permit, which was closed out on November 2, 2023,
after Coachlight completed construction. The closure of the building permit ended
Coachlight’s involvement in the City’s development review process.
E. Coachlight recently advised the City that to obtain its final funding for the
project that it must obtain releases of that portion of the Easements underlying the new
building, said portion totaling 1,077 square feet.
F. City staff are recommending the City Council vacate the portion of the
Easements described on Exhibit “A”, attached and incorporate herein by this reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the portion s
of the Easements, more particularly described on Exhibit “A ,” are no longer needed or
required and that it is in the public interest to vacate the same.
Section 2. That the specified portions of the Easements are hereby vacated,
abated and abolished, providing that:
(a) This vacation shall not take effect until this Ordinance is recorded
with the Larimer County Clerk and Recorder by the property owner or its
agent.
(b) If this Ordinance is not recorded by December 31, 2024, then this
Ordinance shall become null and void and of no force and effect.
Page 281
Item 20.
-2-
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on the March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Ryan Malarky
Page 282
Item 20.
EXHIBIT “A”
December 13, 2023
A description of a portion of an 8-foot Electric Easement and a portion of an 8-foot Telephone
Easement within The Replat of Coachlight Plaza to be vacated by City of Fort Collins. For:
Coachlight Apartments LLLP.
LEGAL DESCRIPTION
All of that part of an 8-foot Electric Easement and a part of an 8-foot Telephone Easement set forth on
the plat of The Replat of Coachlight Plaza, a subdivision of the City of Fort Collins located in the
NW1/4 of Section 1, T7N, R69W of the 6th P.M., County of Larimer, State of Colorado, recorded
March 1, 1982, in Book 2156 at Page 1197 of the records of Larimer County, Colorado, which lies
within the Community Building of Coachlight Apartments, described as follows:
COMMENCING at the Southwest Corner of said The Replat of Coachlight Plaza from which the
Northwest Corner of said The Replat of Coachlight Plaza bears N00°00'00"E, 585.69 feet (Basis of
Bearing), thence N33°24'16"E, 247.03 feet a point of intersection of the Southerly Line of the
Community Building and Easterly Line said 8-foot Electric Easement and the POINT OF
BEGINNING;
Thence N89°53'20"W, 8.00 feet along the Southerly Line of said Community Building to the Westerly
Line of said 8-foot Electric Easement;
The following courses and distances are along the Westerly, Southerly, Easterly, and Northerly Lines
of said 8-foot Electric Easement:
Thence N00°00'00"E, 33.76 feet;
Thence N90°00'00"W, 26.00 feet;
Thence N00°00'00"E, 8.00 feet;
Thence N90°00'00"E, 34.00 feet;
Thence S00°00'00"E, 14.00 feet to the Northerly Line of said 8-foot Telephone Easement;
Thence leaving the Easterly Line of said 8-foot Electric Easement, N90°00'00"E, 30.02 feet along the
Northerly Line of said 8-foot Telephone Easement to an angle point thereof;
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 283
Item 20.
Thence N00°00'00"E, 20.26 feet along the Westerly Line of said 8-foot Telephone Easement to the
Northerly Line of said Community Building;
Thence S89°53'20"E, 8.00 feet along the Northerly Line of said Community Building to the Easterly
Line of said 8-foot Telephone Easement;
Thence S00°00'00"E, 20.25 feet along the Easterly Line of said 8-foot Telephone Easement to an angle
point thereof;
Thence N90°00'00"E, 8.62 feet along the Northerly Line of said 8-foot Telephone Easement to the
Easterly Line of said Community Building;
Thence S00°06'40"W, 8.00 feet along the Easterly Line of said Community Building to the Southerly
Line of said 8-foot Telephone Easement;
Thence N90°00'00"W, 46.63 feet along the Southerly Line of said 8-foot Telephone Easement to the
Easterly Line of said 8-foot Electric Easement;
Thence S00°00'00"E, 19.78 feet along the Easterly Line of said 8-foot Electric Easement to the POINT
OF BEGINNING.
Area = 1,077 square feet acres (0.025 acres), more or less.
NOTICE: According to Colorado law you must
commence any legal action based upon any defect in this
survey within three years after you first discovered such
defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years
from the date of the certification shown hereon.
Frank N. Drexel
Colorado Professional Land
Surveyor No. 24305
1500 Kansas Ave #2-E, Longmont, CO 80501
Date: 12-13-23
File: 17211-E lgl.doc Project: 1721-1
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 284
Item 20.
FOUND NBD -_ 7' WC 7
N69i 8'30"W _}
7.00' I II 11 Ir oF
SHEET 3 OF 3 8' TELEPHONE ESMT ·1 I ----.
BK 2156, PG 1197
8' ELECTRIC ESMT. I ICITY OF FORT COLLINS
[Hf Rf{J[iGHT coApLA��9 7
BK 2156, PG 1197 I I
,.........,....�,+--,--,� ��-1r-1L9
/( 2156, 11 L11 e I II
---8�------�Q��:_11_ I
------80'
PQINT OF COMMENCEMENT
FOUND #5 REBAR W/
1-1/4" OPC MKD. "WLS PLS 38219" FGL.
0
EXHIBIT MAP
SCALE: 1"=40' DATE: 12-13-23 DWG: 17211-E.DWG
,......_ oi (.!) co z iri - co � LO w ID
LL !,J-1 Oo
(/) p -0 (/) 0 <( • ID 0..._...o
I I I ri1 1-
�Ul I �31;; Ii:!8;::
::>I-
(!) I11:a.. �o
.
IJJ IJ.. :8 I(!)LJ.� �O N
��ffi I OU
PORTION OF EASEMENT TO BE VACATED
1,077 S.F.
.i:\ �/""'::-·: cr rv: !v ,' -s ,t,_,/ �-�/ -..:.;:/ !;>/
;,/ I / i/�
,' I CITY OF FORT COLLINS
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
POINT OF BEGINNING
LINE TABLE
DIRECTION
N89"53'20"W
Noo·oo·oo·E
N9o·oo·oo·w
Noo·oo·oo·E
N90'00'00"E
soo·oo·oo·E
N90'00'00"E
Noo·oo·oo·E
S89'53'20"E
soo·oo·oo·E
N90'00'00"E
soo·o5•4o•w
N9o·oo·oo·w
soo·oo·oo·E
LENGTH
8.00'
33.76'
26.00'
8.00'
34.00'
14.00'
30.02'
20.26'
8.00'
20.25'
8.62'
8.00'
46.63'
19.78' // I I BK 2156, PG 1197
_/, --rt=£==-===f ====/ ,/ L �
38' DITCH & UTILITY ESMT / CITY OF FORT COLLINS
/ BK 2156, PG 1197
LOT 1
LEGEND
BK ..................... BOOK BLDG ................... BUILDING
ESMT ................... EASEMENT MKD .................... MARKED
NBD .................... FOUND ALUMINUM NAIL W/ 1" BRASS
DISK MKD. ·we 7 LS 24305" FLUSH
W/ CONC PAVEMENT. NFS -................... NOT FOUND OR SET
OPC .................... ORANGE PLASTIC CAP
PG ..................... PAGE WC ..................... WITNESS CORNER
NOTE
THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID TO FOLLOW THE ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAND SURVEY PLAT ACCORDING TO COLORADO STATUTES.
ENGINEERING : ! 1500 Kansas Ave., Suite 2-E PLANNING Longmont, CO 80501
SURVEYING :: P303.682.1131 C IV IL ART$ F303.682.1149
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 285
Item 20.
Vicinity Map
Page 286
Item 20.
Community Development & Neighborhood Services
281 N. College Ave
Fort Collins, CO 80522-0580
Phone: 970-221-6760 Fax: 970-224-6134
Kelly Evans
1550 BLUE SPRUCE DR
FORT COLLINS, CO 80524
100-804100-549110
Letter of Completion
Date:
Permit Number:
Type of Work:
November 02, 2023
B2109742
04/24/2023 Revision to include electrical gear box relocation, window
relocations and new 1-line. Construction of a 3,162 sq. ft. addition and
remodel. Work to include interior finishes, exterior siding and windows.
Replacement of water heater, plumbing fixtures, lighting fixtures and HVAC
system.
Contractor or
Owner Address:
Kelly Evans
1550 BLUE SPRUCE DR
FORT COLLINS, CO 80524
The work authorized under the above permit has been inspected for conformance with applicable
codes of the City of Fort Collins.
Building Department:Page 287
Item 20.
Community Development & Neighborhood Services
281 N. College Ave Fort Collins, CO 80522
970.221.6760 970.224.6134 - fax
Building Permit #:
Site Address:1550 BLUE SPRUCE DR
Job Valuation:$1,300,000.00
Permit Type: Com, Ind or Mixed Use Addition
Category:
Issued Full:
B2109742
04/24/2023
Kelly Evans
1550 BLUE SPRUCE DR
FORT COLLINS, CO 80524
Owner:970-484-7498Phone:
Zoning:
Legal:
Plat File #:ZBA Case #:Minor Amend #:
Zoning District:MMN - MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT
Subdivision/PUD:COACHLIGHT PLAZA Lot #:Block #:
Code:0 3162
V-B1
Yes
B
Filing #:
Front Setback:Rear Setback:Right Setback:Left Setback:
Res sq ft:Com sq ft:Ind sq ft:Basement sq ft:
# of Stories:Occ Group:Const Type:
Fire Sprklr:Stock plan #:Stock plan options:
Contractor:License #:C1-321
Phone:303-776-7643
KRISCHE CONSTRUCTION, INC.
605 Weaver Park Rd.
Longmont, CO 80501
Supervisor Cert #:4501-C1
Subcontractor(s):License Number:
CHADWICK ELECTRIC INC 970-484-0544 ME-17Electrical:
FORT COLLINS HEATING & AIR 970-484-4552 H-1309Mechanical:
AIR COMFORT, INC.970-490-1458 H-1321Mechanical:
ADVANCED ROOFING TECHNOLOG 970-663-0203 R-1161Roofing:
Work Description: 04/24/2023 Revision to include electrical gear box relocation, window relocations and new 1-line. Construction of
a 3,162 sq. ft. addition and remodel. Work to include interior finishes, exterior siding and windows. Replacement of water heater,
plumbing fixtures, lighting fixtures and HVAC system. Job contact: TBA.
SCHEDULE INSPECTIONS: **via Text Message: 888-406-6394 **By Phone: 970-221-6769
Online Portal: fcgov.com/CitizenAccess
Possible Inspections Required: 101 105 203 201 206 202 204 301 300 302 103 402 303 100 200 400 102 207
205 104 401
As a condition for the issuance of a permit, I hereby declare that I am the owner or owner's agent, authorized to perform the proposed work on the
property described herein. I agree to comply with all the requirements contained herein, and City ordinances, and State laws associated with such
work. I understand that such permit may be revoked in the event that issuance was based on incorrect information. This permit shall become null and
void if the work authorized by such permit is not commenced, suspended, abandoned or not inspected within 180 days from the date of such permit.
Date:Print Name:Signature:
***Fee Detail Displayed on Next Page
TOTAL FEES PAID AS OF 4/24/2023: 46,612.56
Form Revised July 2021
Page 288
Item 20.
Community Development & Neighborhood Services
281 N. College Ave Fort Collins, CO 80522
970.221.6760 970.224.6134 - fax
Building Permit #:
Site Address:1550 BLUE SPRUCE DR
Job Valuation:$1,300,000.00
Permit Type: Com, Ind or Mixed Use Addition
Category:
Issued Full:
B2109742
04/24/2023
Transactions:
Method Ref Number Date Paid Amount Paid Comments
Credit Card 12/14/2021 $3,194.43
Check 165 08/23/2022 $43,418.13
Total Paid to Date:$46,612.56
Description Fee Amount Amount Paid Date Paid Amount Due
Building Permit Fee w/Subs $6,634.58 $6,634.58 08/23/2022 $0.00
Fire Capital Exp. (Com)$1,859.26 $1,859.26 08/23/2022 $0.00
General Govt. Capt. Exp. (Com)$5,078.17 $5,078.17 08/23/2022 $0.00
Larimer County Reg. Road $1,479.82 $1,479.82 08/23/2022 $0.00
Plan Check Fee $3,194.43 $3,194.43 12/14/2021 $0.00
Police Capital Exp. (Com)$1,040.30 $1,040.30 08/23/2022 $0.00
Transportation Capital Exp. (Com)$27,326.00 $27,326.00 08/23/2022 $0.00
$0.00$46,612.56 $46,612.56TOTAL FEES:
$0.00TOTAL BALANCE DUE AS OF 4/24/2023 :
Fee amounts are valid for date of this document only. Fees subject to change without notice.
Form Revised July 2021
Page 289
Item 20.
Relevant Portion of Replat
Coachlight Plaza PUD
New Building
(approximate)
Easements
(approximate)
Page 290
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Solara Clark, Project Coordinator
SUBJECT
Resolution 2024-009 Approving Fort Fund Special Event Grant Disbursements.
EXECUTIVE SUMMARY
The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming
Account and the Tourism Programming Account for the selected community events in the Special Event
Grant – January Deadline category, based upon the recommendations of the Cultural Resources Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and the Tourism Programming Account in accordance
with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax fund
is applied to the Cultural Development and Programming Account and 5% of revenue from lodging tax is
dedicated to the Tourism Programming Account. Local non-profit organizations may apply to Fort Fund for
cultural and/or tourism event support. The Cultural Resources Board is authorized to review grant
applications based on approved guidelines and make recommendations for Fort Fund disbursements to
Council, pursuant to Section 2-145 (b) of the City Code. There are three funding categories available and
a total of five deadlines: Special Event Grant (January and July deadlines), Program Support Grant (March
and September deadlines), and Cross-Sector Impact Grant (October deadline).
Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote
local heritage and diversity, and provide opportunities for arts and cultural participation. The grants help
promote Fort Collins as a creative center and tourist destination and promote the health and well-being of
all residents and visitors.
January 25, 2024, Meeting of the Cultural Resources Boad
At its January 25, 2024, meeting, the Cultural Resources Board reviewed seven Special Event Grant –
January Deadline applications with total requests equaling $44,685. Seven applications were found eligible
and recommended for funding for $35,000.
The following table summarizes the Special Event Grant – January Deadline requests, available funds and
grant award amounts:
Page 291
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Grant Requests Available Funds Grant Awards
$44,685 $35,000 $35,000
The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund
Guidelines and discussed the applications at its January 25, 2024, meeting. The Board’s approval and
discussion is outlined in the draft minutes. (Attachment 2) The Board is recommending disbursement of
$35,000 to the eligible applicants as outlined in Exhibit A to the Resolution.
CITY FINANCIAL IMPACTS
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and Tourism Programming Account in accordance with
the provisions of Section 25-244 of the City Code. This Resolution would distribute $35,000 from the
Cultural Development and Programming Account and Tourism Programming Account to local non-profit
organizations. Each grantee organization must provide funds to match the grant amount. These funds were
budgeted and appropriated in the 2024 budget. Lodging tax is collected pursuant to Section 25-242 of the
City Code.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Cultural Resources Board is presenting these recommendations to Council for programs and
organizations to receive funding at the recommended grant amounts from the Cultural Development and
Programming Account and Tourism Programming Account.
Exhibit A to the Resolution presents the allocations recommended by the Cultural Resources Board to the
Council for Special Event Grant – January Deadline funding.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Cultural Resources Board Minutes, January 25, 2024
Page 292
Item 21.
-1-
RESOLUTION 2024-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING FORT FUND SPECIAL EVENT GRANT DISBURSEMENTS
A. Providers of lodging accommodations in the City are required by Section
25-242 of the City Code to pay three percent of all revenues derived from such lodging
accommodations to the City as a lodging tax.
B. The Fort Fund Grant Program (“Fort Fund”) supports projects and activities
that provide arts and cultural programming to the Fort Collins community and visitors.
C. Established in 1989, Fort Fund distributes lodging tax revenues deposited
in the City’s Cultural Development and Programming Account and the Tourism
Programming Account in accordance with the provisions of Section 25 -244 of the City
Code.
D. Local non-profit organizations may apply to Fort Fund for cultural and
tourism event support. There are three Fort Fund funding programs available fo r
applicants: Special Events; Program Support; and Cross-Sector Impact.
E. The City's Cultural Resources Board reviews applications from the
community for Fort Fund monies and makes recommendations to the City Council in
accordance with Section 2-145(b) of the City Code and the administrative guidelines for
Fort Fund (the “Fort Fund Guidelines”).
F. At its meeting on January 25, 2024, the Cultural Resources Board
recommended funding for various proposals in the Special Events category based on the
criteria and considerations set forth in Section 2-145(b) of the City Code and the Fort
Fund Guidelines.
G. The use of lodging tax revenues will provide a public benefit to the Fort
Collins community by supporting cultural development and public programming activities
within the City that promote the use of public accommodations within the City.
H. The City Council desires to approve Fort Fund grant disbursements as set
forth in Exhibit “A,” which is attached hereto.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the distribution of funds through
the Fort Fund program as set forth on Exhibit “A” will promote the cultural and economic
health of the community and in doing so will serve a recognized and valuable public
purpose.
Page 293
Item 21.
-2-
Section 2. Funds in the total amount of THIRTY-FIVE THOUSAND DOLLARS
($35,000), comprised of $17,139 from the City's Cultural Development and Programming
Account and $17,861 from the Tourism Programming Account, are hereby approved for
distribution as set forth in Exhibit “A”.
Passed and adopted on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: February 20, 2024
Approving Attorney: Ted Hewitt
Page 294
Item 21.
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT
OF
REQUEST
FUNDED
ARCINDA
Gamelan Music, Various Dances,
and Rod Puppets from Indonesia
April 27, 2024 $3,685 $2,763 $922 75%
Black Fret (DBA Sonic Guild)
Love Your Music Sonic Guild
Showcase
August 2024 $6,000 $4,233 $1,767 71%
Disabled Resource Services
BluesFest 2024
July 26, 2024 $7,500 $5,292 $2,208 71%
Laudamus Chamber Chorale
Faure Requiem Concert
November 16, 2024 $7,500 $6,615 $885 88%
Northern Colorado Intertribal Pow-wow
Association, Inc.
30th Annual Spring Contest Pow-
wow and Art Market
April 13-14, 2024 $7,500 $6,615 $885 88%
Poudre Landmarks Foundation
Old Fashioned 4th of July
Celebration
July 4, 2024 $5,000 $3,528 $1,472 71%
Sustainable Living Association
14th Annual Earth Day Fort
Collins
April 20, 2024 $7,500 $5,954 $1,546 79%
Totals $44,685 $9,685 78%
Scores are based on application materials and Fort Fund's "Criteria for Funding."
FORT FUND GRANT PROGRAM
2024 Special Event Grant - January Deadline
$35,000
Approved Funding
EXHIBIT A TO RESOLUTION 2024-009
Page 295
Item 21.
Cultural Resources Board
REGULAR MEETING
Thursday, January 25, 2043 – 5:30 PM, Columbine Room, The Lincoln Center
1/25/24– MINUTES Page 1
CALL TO ORDER: 5:33 PM
ROLL CALL
• Board Members Present –Sheri Emerick, Conner Horak-Flood, Vicki Fogel Mykles (Vice-
Chair), Audra Vaisbort
• Board Members Remote – Leslie Walker (Chair)
• Board Members Absent – Kelly Barber, Jessica MacMillan
• Staff Members Present – Solara Clark, Cheryl Donaldson Moses
• Guest(s) –
AGENDA REVIEW
• Vicki Fogel Mykles (Vice-Chair) will be facilitating the meeting while Leslie Walker (Chair)
participates remotely via Zoom.
• Katy Schneider was unable to attend the meeting. Her agenda item will be removed from
New Business.
• The Fort Fund business cards will be discussed under New Business, with Solara Clark
providing an explanation.
CITIZEN PARTICIPATION
• Ron Martin attended the meeting to observe.
APPROVAL OF MINUTES
• Approval of December 2023 minutes.
• Vicki Fogel Mykles noted a misspelling on the minutes. “Doner” should be corrected to
“donor”. Solara Clark will make this correction.
• Sheri Emerick made a motion to accept the corrected minutes. Leslie Walker seconded the
motion. The motion passed unanimously. Approved by roll call, Ayes: Sheri Emerick,
Conner Horak-Flood, Vicki Fogel Mykles, Audra Vaisbort, Leslie Walker.
UNFINISHED BUSINESS
NEW BUSINESS
• Fort Fund Business Cards
o Solara Clark explained the Fort Fund Business Cards that were distributed prior
to the meeting.
o The idea came from Leslie Walker to have an easy way to pass along
information about Fort Fund and the Cultural Resources Board. These cards
provide a small description of the program as well as a QR code that leads to the
Fort Fund website.
o Each Board member in attendance received five cards each and can request
more from Solara Clark.
DR
A
F
T
Page 296
Item 21.
Cultural Resources Board
REGULAR MEETING
Thursday, January 25, 2043 – 5:30 PM, Columbine Room, The Lincoln Center
1/25/24– MINUTES Page 2
• Cheryl Donaldson Moses, Executive Director of Fort Collins Museum of Discovery, City
Partner – Introduction
o Cheryl Donaldson Moses introduced herself to the Board.
• 2024 Special Event Grant: January Deadline – Discussion and Funding Recommendations
o Solara Clark reviewed the 2024 Special Event Grant: January Deadline Funding
Results and explained how scoring and available funds affects the amount
funded per application.
The Board discussed and reviewed seven 2024 Special Event Grant:
January Deadline applications and funding recommendations.
The Board took special note to discuss how they can help Fort Fund
nonprofit grantees in the future through a variety of topics. Vicki Fogel
Mykles noted that discussion should continue during the next New
Business Item. The Board agreed and temporarily table discussion.
o Conner Horak-Flood made a motion to accept the funding recommendations.
Audra Vaisbort seconded the motion. The motion passed unanimously.
Approved by roll call, Ayes: Sheri Emerick, Conner Horak-Flood, Vicki Fogel
Mykles, Audra Vaisbort, Leslie Walker.
• Capacity Building Workshop Series – Brainstorm
o Vicki Fogel Mykles reviewed the history and reasoning for the Capacity Building
Workshop Series that is a part of the 2024 Cultural Resources Board Work Plan.
o Vicki Fogel Mykles explained the brainstorming document attached to the 2024
January meeting agenda.
Leslie Walker and Vicki Fogel Mykles met as Chair and Vice-Chair to start
a preliminary list of ideas for the capacity building workshop series.
Leslie Walker, Vicki Fogel Mykles, and Solara Clark met to review and
refine this list before sending it to the Board.
o The purpose of this discussion is to review and add any missing topics the Board
would like considered for the Capacity Building Workshop Series as well as
identify which topic(s) should begin the series.
Conner Horak-Flood expressed interest in starting with marketing and
grant-writing.
Audra Vaisbort expressed interest in starting with marketing.
• The Board agreed that social media should be added to marketing
as a key topic.
• The Board agreed that branding should fall under marketing.
Cheryl Donaldson Moses noted that because of her own professional
experience, she believes board development should be the first topic.
Sheri Emerick noted that fiscal responsibility and budgeting should be the
first topic.
It was mentioned that “Fort Fund 101” should be an added topic to the list.
DR
A
F
T
Page 297
Item 21.
Cultural Resources Board
REGULAR MEETING
Thursday, January 25, 2043 – 5:30 PM, Columbine Room, The Lincoln Center
1/25/24– MINUTES Page 3
o Given the diverse range of opinions regarding the initial topic selection for the
Capacity Building Workshop Series, the Board agreed to spend time outside of
meetings to review and rank topics.
Solara Clark will send a list of topics and the Board is asked to review and
send back their ranking for each topic.
Staff will analyze overlaps and present findings at the February meeting.
DIRECTOR’S REPORT
• Cheryl Donaldson Moses updated the Board on department operations:
o Cheryl Donaldson Moses updated the Board on the interview process for the
Cultural Services Director position.
o Cheryl Donaldson Moses updated the Board on the Community Center for
Creativity renovation.
o The 2024 Art to Live Grant Program has officially closed applications and is in
the process of selecting recipients through a lottery system draw.
o Cheryl Donaldson Moses passed around the annual reports for Art in Public
Places, the Fort Collins Museum of Discovery, and The Gardens on Spring
Creek.
The Board is asked to review at their leisure.
o Cheryl Donaldson Moses informed the Board of the upcoming exhibit schedule
for the Fort Collins Museum of Discovery.
BOARD MEMBER REPORTS
• Audra Vaisbort attended the Fort Collins Symphony/Friends of the Symphony’s Peter and
the Wolf family concert.
• Vicki Fogel Mykles attended the Friends of the Gardens on Spring Creek’s Garden of
Lights event.
• Leslie Walker attended Friends of the Gardens on Spring Creek’s Garden of Lights event,
an exhibit at the Global Village Museum, and a performance by the Larimer Chorale.
OTHER BUSINESS
ADJOURNMENT:
Audra Vaisbort made a motion to adjourn at 6:54 PM. Sheri Emerick seconded the motion.
The motion passed unanimously. Approved by roll call, Ayes: Sheri Emerick, Conner Horak-
Flood, Vicki Fogel Mykles, Audra Vaisbort, Leslie Walker.
Respectfully submitted,
Solara Clark
Project Coordinator
DR
A
F
T
Page 298
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly DiMartino, City Manager
SUBJECT
Resolution 2024-010 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties
Within the Territory of the Poudre Valley Fire Protection District and Authorizing an
Intergovernmental Agreement with Said District.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court
to exclude the property annexed into the City in 2023 from the Poudre Valley Fire Protection District (the
“District”) in accordance with state law. The property affected by this Resolution is the Thompson Thrift
Spaulding Addition Annexation. Colorado Revised Statutes Section 32-1-502 requires an order of
exclusion from the District Court to remove the annexed propert y from special district territories. The
property has been receiving fire protection services from the Poudre Fire Authority and will continue to do
so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion
for all properties annexed in the previous year that should be removed from the District to avoid double
taxation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Property that is within a fire protection district continues to be subject to the District’s property tax
assessment even after annexation to the City until the property is officially excluded from the District.
Exclusion must occur pursuant to state law (C.R.S. Section 32-1-502). The law allows the City to seek
exclusion of annexed property from the District so that the property is not subject to property tax
assessment by both the District and the City.
In 2023, the City annexed one area within the territory of the District, the legal description of which is set
forth in Exhibit “A” to the proposed Resolution.
Consistent with the state law, this proposed Resolution authorizes:
1. The City Attorney to file a petition on behalf of the City to exclude the annexed property from the District;
and
2. The City Manager to enter into an agreement with the District for the continuation of fire protection
services within the annexed property.
Page 299
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Exhibit B to Resolution
Page 300
Item 22.
-1-
RESOLUTION 2024-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF EXCLUSION
PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE
TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION
DISTRICT AND AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH SAID DISTRICT
A. In 2023, the City annexed one property within the territory of the Poudre
Valley Fire Protection District (the “District”).
B. Colorado Revised Statutes (“C.R.S.”) Section 32-1-502 requires an order of
exclusion from the district court to remove the annexed property from special district
territories.
C. Under the provisions of C.R.S. Section 32-1-502(2)(a), an order excluding
property from the boundaries of a special district requires the governing body of the
annexing municipality to agree, by resolution, to provide the services previously provided
by the special district to the area described in the petition for exclusion from and after the
effective date of the exclusion order.
D From the date of such annexations, the City has provided municipal
services to said property, including fire services.
E. The residents within the property described on Exhibit “A” attached hereto
and incorporated herein by this reference (the “Annexed Property”) have paid ad valorem
property taxes to the District for fire protection services prior to exclusion, and subsequent
to exclusion, will instead pay ad valorem property taxes to the City for City services,
including fire protection.
F. It is the desire and intent of the City Council to reflect by this Resolution its
willingness to provide fire protection services to the Annexed Property and to exclude the
Annexed Property from the District.
G. The City Council wishes to properly exclude the Annexed Property from the
District in accordance with law and to allow for the provision of fire protection services to
such property by the Poudre Fire Authority, which is an independent entity providing fire
protection services to both the District and the City pursuant to an intergovernmental
agreement.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby agrees that the Annexed Property should
be excluded from the District.
Page 301
Item 22.
-2-
Section 2. The City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to C.R.S. Section 32 -1-502 for an order to
exclude the Annexed Property, the boundaries of which are described on Exhibit “A”.
Section 3. The City Council hereby agrees to provide fire protection service,
through the Poudre Fire Authority, to the Annexed Property.
Section 4. The City Council hereby finds that a plan for the disposition of assets
or continuation of service is unnecessary as the Poudre Fire Authority has in the past
served, and continues to serve, both the District and the City.
Section 6. The City Manager is authorized to enter into an agreement with the
District for the continuation of services for the Annexed Property, which agreement shall
be substantially in the form of Exhibit “B” attached hereto, subject to such modifications
as the City Manager may, in consultation with the City Attorney, deem necessary or
appropriate to protect the interests of the City.
Passed and adopted on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: February 20, 2024
Approving Attorney: Dawn Downs
Page 302
Item 22.
EXHIBIT A TO RESOLUTION 2024-010
THOMPSON THRIFT SPAULDING ADDITION ANNEXATION
A parcel of land situate in the Southwest Quarter of Section Thirty-six (36), Township
Eight North (T.8N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th
P.M.) being more particularly described as follows:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 8 NORTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE
WEST 150 FEET; THENCE SOUTH 959 FEET MORE OR LESS, TO THE NORTH LINE
OF RIGHT OF WAY OF THE LARIMER AND WELD RESERVOIR COMPANY CANAL;
THENCE EASTERLY ALONG SAID RIGHT OF WAY TO A POINT DUE SOUTH OF THE
POINT OF BEGINNING; THENCE NORTH 975 FEET, MORE OR LESS TO THE POINT
OF BEGINNING,
EXCEPT THAT PORTION CONVEYED TO LARIMER COUNTY IN DEED RECORDED
JULY 29, 1986 UNDER RECEPTION NO. 86040958, COUNTY OF LARIMER, STATE
OF COLORADO.
Being more particularly described as follows:
A parcel of land being a part of the Southeast Quarter of the Southwest Quarter of Section
36, Township 8 North Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado, being more particularly described as follows:
Considering the South line of the Southeast Quarter of the Southwest Quarter of said
Section 36, as bearing North 89°17’51” West, an assumed bearing, and with all bearing
contained herein relative thereto:
Commencing at the Southwest corner of Willox Heights Annexa tion to the City of Fort
Collins;
THENCE along the West line of said Willox Annexation North 00°39’21” East a distance
of 174.71 feet to the POINT OF BEGINNING;
THENCE departing said line, North 51°19’10” West a distance of 56.19 feet;
THENCE North 76°29’10” West a distance of 108.46 feet;
THENCE North 00°39’21” East a distance of 1072.10 feet to a point on the South right -
of-way line of Spaulding Lane, said line also being the South line of Sherman -Lawler First
Annexation to the City of Fort Collins;
THENCE along said South line South 84°52’02” East a distance of 150.46 feet to a point
on the West line of said Willox Heights Annexation;
THENCE along said line West line South 00°39’21” West a distance of 1119.10 feet to
the POINT OF BEGINNING.
Said described track of land contains 163,045 square feet or 3.743 acres, more or less
and may be subject to any rights -of-way or other easements as granted or reserved by
instruments of record or as now existing on said described parcel of land.
Page 303
Item 22.
EXHIBIT B TO RESOLUTION 2024-010
Page 1 of 3
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT, is made and entered into on _____________, by and between the
CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation (the “City”), and
the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the
State of Colorado (the “District”);
WHEREAS, the City has recently filed pursuant to Secti on 32-1-502(1)(a), C.R.S., a
Petition with the District Court in and for Larimer County, Colorado for an Order excluding a
certain property from the territory of the District, which propert y is shown on Exhibit “A” (the
“Property”) hereto attached, the contents of which are incorporated by reference herein; and
WHEREAS, said Petition is premised upon the prior annexation and inclusion of the
Property within the municipal boundaries of the City; and
WHEREAS, it is the mutual desire of the City and the District to set forth their
understanding and agreement with regard to the continuation of fire protection services to the
Property, as well as remaining properties within the boundaries of the District and Poudre Fire
Authority, as defined below.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and obligations
herein contained, the parties agree:
1. From and after the effective date of any Order of Exclusion issued by the District
Court in response to the City’s Petition, filed pursuant to Section 32-1-502(1)(a), which effective
date is anticipated to be January 1, 2025, the City will continue to assume full and complete
responsibility for fire protection services to the Property. Such fire protection services shall be
provided by Poudre Fire Authority (“PFA”) pursuant to that certain Amended and Restated
Intergovernmental Agreement effective July 15, 2014, by and between the City and the District.
2. From and after the effective date of the Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District shall have no further liability or
responsibility with regard to the provision of fire protection services for the Property or any
improvements thereon, other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire services.
3. From and after the effective date of any Exclusion Order entered by th e District
Court in and for Larimer County, Colorado, the District agrees that the Property shall be free from
taxation by the District, other than mill levies assessed for purposes of paying outstanding bonded
indebtedness and interest thereon, owed by the District effective immediately prior to the effective
date of such Exclusion Order. Exclusion of the Property from the District and entry of an
Page 304
Item 22.
EXHIBIT B TO RESOLUTION 2024-010
Page 2 of 3
Exclusion Order by the District Court shall not affect any claim the District may have or the
District's ability to make such claim for taxes which were certified by the District prior to the
effective date of the Exclusion Order.
4. The District will retain ownership of all equipment and facilities now owned by the
District, including such facilities as may be located within the Property, if any.
5. The District will, through its agreement with PFA, continue to provide fire
protection services to those properties located within the boundaries of the District, as modified
by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the District
Court.
6. In the event that any bonded indebtedness exists as of the effective date of the
anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a
proportional mill levy against the Property, together with other properties within the boundaries of
the District, sufficient to repay the principal and accrued interest on any such bonded indebtedness
in accordance with the terms and provisions of the instruments pursuant to which said obligations
have been created and incurred.
7. Nothing within this Agreement shall modify or terminate any obligations of the
City or the District with respect to existing obligations under the intergovernmental agreement
forming the PFA, including any future amendments or modifications thereto as the parties may
hereafter agree.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
CITY OF FORT COLLINS, COLORADO,
ATTEST: a municipal home-rule corporation
_________________________ ____________________________
City Clerk Kelly DiMartino, City Manager
Approved as to form:
__________________________________
Dawn Downs, Senior Assistant City Attorney
Page 305
Item 22.
EXHIBIT B TO RESOLUTION 2024-010
Page 3 of 3
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
____________________________________
By: ________________
Chairman, Board of Directors
Approved as to form:
__________________________________
By: Allison C. Ulmer
Attorney for Poudre Valley Fire Protection
District
Page 306
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Darren Parkin, Halligan Water Supply Project Manager
Jason Graham, Director of Water Utilities
SUBJECT
Resolution 2024-011 Authorizing the City Manager to Execute an Agreement Between the City of
Fort Collins and the City of Greeley Regarding Certain Aspects of the Halligan Water Supply
Project, Including Water Quality Analysis, Mitigation Measures, and Milton Seaman Reservoir
Release Gate Design.
EXECUTIVE SUMMARY
The purpose of this item is to authorize a proposed agreement (“Proposed Agreement”) between the City
of Fort Collins (“Fort Collins”) and the City of Greeley (“Greeley”) (together, “Cities”) regarding certain
aspects of the Halligan Water Supply Project (“Halligan Project”). Greeley owns Milton Seaman Reservoir
on the North Fork of the Poudre River (“North Fork”), downstream of the Halligan Project. Greeley is
undergoing a time sensitive capital infrastructure replacement project for the release gate on their reservoir.
Fort Collins desires that the new release gate also be able to bypass and account for Halligan Project
releases. In addition, Greeley anticipates that there may be water quality impacts caused by certain
operational changes due to the Halligan Project. The Cities are working collaboratively on these issues.
Under the Proposed Agreement, the Cities would collaboratively study and do design work. The Cities
would:
o retain AECOM as a consultant for Phase 1 (Analysis and Preliminary Design) to perform a jointly
agreed upon scope of work (release gate design and water quality identification and mitigation);
o agree to use the results of Phase 1 to develop a plan for Phase 2 (Implementation); and
o agree to a 50/50 cost share for Phase 1, $553,490 (Fort Collins’ obligation $276,745).
Fort Collins staff’s analyses indicate that the Proposed Agreement is beneficial to the City and the Halligan
Project. An anticipated subsequent agreement on Phase 2 would be brought to Council.
STAFF RECOMMENDATION
Staff recommends approval of the Resolution.
Page 307
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
Halligan Water Supply Project
Fort Collins, through Fort Collins Utilities, is pursuing the Halligan Project. The Halligan Project will provide
7,900 AF of additional firm yield for Fort Collins Utilities water demands through 2065 with water of a quality
comparable to the water now delivered to its customers. It will also provide a storage reserve for
emergency water supply, increase drought security; improve water system reliability and flexibility; and
meet future water demands of the Fort Collins Utilities water service area.
The Halligan Project includes: the enlargement of Halligan Reservoir, which primarily entails replacing
Halligan Dam; and the replacement of the diversion structure for the North Poudre Canal and related
infrastructure on the North Fork.
The City is seeking a Clean Water Act Section 404 Permit from the United States Army Corps of Engineers,
with the Final Environmental Impact Statement (FEIS) being released in October 2023 and a final Record
of Decision (ROD) expected in 2025. The Halligan Fish and Wildlife Mitigation and Enhancement Plan
(FWMEP) was also approved in 2023 by Colorado Parks and Wildlife and the Colorado Water Conservation
Board. Various other permits are also being obtained such as a Clean Water Act Section 401 W ater Quality
Certification from the Water Quality Control Division of the Colorado Department of Public Health and
Environment; and a 1041 permit from Larimer County.
The Halligan Project includes numerous environmental mitigation and enhancement actions that will avoid
impacts, minimize impacts, compensate for unavoidable impacts, and enhance the environment, including
providing minimum flows in the North Fork and eliminating existing and historical dry-up reaches of the
river.
Information on the Halligan Project can be found here: https://www.fcgov.com/halligan/
Proposed Agreement with Greeley
Greeley owns Milton Seaman Reservoir on the North Fork, downstream of the Halligan Project. Greeley
previously planned to enlarge Milton Seaman Reservoir and was coordinating with Fort Collins on the
federal permitting process. However, in April 2021, Greeley withdrew its proposal to the U.S. Army Corps
of Engineers to enlarge Milton Seaman Reservoir and is not pursuing that project.
Greeley is currently undergoing a time sensitive capital infrastructure replacement project for the release
gate on Milton Seaman Reservoir, which are located in the reservoir’s dam. Milton Seaman Reservoir and
its infrastructure are located upstream from the City’s Gateway Natural Area and are generally not visible
from the natural area. Greeley’s work is needed, in part, because the release gate is old and Greeley will
not be replacing the gate and the entire dam, as they no longer intend to enlarge Milton Seaman Reservoir.
Fort Collins desires that the new release gate on Milton Seaman Reservoir be designed and constructed
in a certain way so that it can bypass and account for releases from the enlarged Halligan Reservoir that
will need to pass through Milton Seaman Reservoir. These releases through the North Fork are
fundamental to the Halligan Project and bring environmental benefits to the North Fork, including as it flows
below Milton Seaman Reservoir and Through Gateway Natural Area. In addition, Greeley anticipates that
there may be water quality impacts caused by certain operational changes due to the Halligan Project.
Fort Collins and Greeley staff have been discussing these issues for some time.
To address both Greeley’s concerns and Fort Collins’ needs, Fort Collins and Greeley staff are pursuing a
two-phased project: Phase 1 (Analysis and Preliminary Design) and Phase 2 (Implementation). The
Proposed Agreement before Council is just for Phase 1.
Page 308
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Under the Proposed Agreement, the Cities would:
Retain AECOM as a consultant for Phase 1 (Analysis and Preliminary Design) to perform a jointly
agreed upon scope of work (release gate design and water quality identification and mitigation);
Agree to use the results of Phase 1 to develop a plan for Phase 2 (Implementation); and
Agree to a 50/50 cost share for Phase 1, $553,490 (Fort Collins obligation $276,745).
Fort Collins staff analyses indicate that the Proposed Agreement is beneficial to the City and the Halligan
Project. The Proposed Agreement provides for collaborative work with an important regional partner, helps
address Greeley’s concerns (an important regional partner), and moves Fort Collins closer to having
needed infrastructure in place for the Halligan Project.
The Cities anticipate a subsequent agreement on Phase 2. Such an agreement would be negotiated
following the Cities’ review and discussion of the results of Phase 1 and would be an opportunity to further
consider potential impacts, including any potential impacts to Gateway Natural Area. A subsequent
agreement for Phase 2 would be brought to Council.
CITY FINANCIAL IMPACTS
Fort Collins’ contribution under the Proposed Agreement is $276,745, which has been appropriated from
the Water Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None. Greeley’s capital infrastructure replacement project for the release gate on Milton Seaman Reservoir
is time sensitive.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 309
Item 23.
-1-
RESOLUTION 2024-011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND THE CITY OF GREELEY
REGARDING CERTAIN ASPECTS OF THE HALLIGAN WATER SUPPLY
PROJECT, INCLUDING WATER QUALITY ANALYSIS, MITIGATION
MEASURES, AND MILTON SEAMAN RESERVOIR RELEASE GATE DESIGN
A. The City of Fort Collins (“Fort Collins”) is pursuing the Halligan Water
Supply Project (“Halligan Project”), which includes the enlargement of Halligan Reservoir,
an existing reservoir on the North Fork of the Cache la Poudre River (“North Fork”).
B. The City of Greeley (“Greeley”) owns Milton Seaman Reservoir, an existing
reservoir located on the North Fork downstream of Halligan Reservoir. Greeley is in the
process of a capital project to replace the reservoir release gate at Milton Seaman
Reservoir (“Greeley’s Replacement Gate Design Project”).
C. Fort Collins and Greeley (“Cities”) have been in discussion regarding:
- “Greeley’s Concerns,” being potential structural and operational
changes at Milton Seaman Reservoir and/or Greeley’s Bellvue Water
Treatment Plant necessary to mitigate certain anticipated water quality
impacts caused by the Halligan Project; and
- “Fort Collins’ Objectives,” being potential operational and reservoir
release gate design changes at Milton Seaman Reservoir necessary to
accommodate certain environmental mitigation and enhancement
commitments on behalf of Fort Collins for the Halligan Project.
D. The Cities’ efforts will comprise of two general phases:
- Phase 1 – Analysis and Preliminary Design
- Phase 2 – Implementation
E. For Phase 1, the Cities intend to retain a consultant to evaluate Greeley’s
Concerns and redesign Greeley’s Replacement Gate Design Project to meet Greeley’s
requirements and accommodate Fort Collins’ Objectives. The Cities desire that AECOM,
as an existing consultant for both Cities, perform Phase 1.
F. The Cities have negotiated an Agreement, a copy of which is attached as
Exhibit “A,” to work together for Phase 1.
G. The Agreement includes a scope of work, (“Study”), which includes water
quality analysis and an evaluation a comparison of certain water quality mitigation
Page 310
Item 23.
-2-
measures, including oxygenation and aeration and a multi-level outlet tower and gate
design that would allow for smaller releases to accommodate Fort Collins’ Objectives .
J. The Study is intended as a basis for developing an implementation plan for
Phase 2 that will be the subject of a subsequent agreement, including establishing
potential future impacts, identifying appropriate mitigation measures, and evaluating
preliminary gate designs, and developing an implementation plan for Phase 2 .
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute an Agreement
substantially in the form of Exhibit “A”, with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Resolution.
Passed and adopted on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: February 20, 2024
Approving Attorney: Eric Potyondy
Page 311
Item 23.
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND
THE CITY OF FORT COLLINS REGARDING CERTAIN ASPECTS OF THE
HALLIGAN WATER SUPPLY PROJECT
(Water Quality Analysis and Mitigation Measures, and
Milton Seaman Reservoir Release Gate Design)
This Intergovernmental Agreement (“Agreement”) is entered into on the date of execution
shown on the signature pages, by and between the City of Fort Collins, a home rule municipal
corporation, (“Fort Collins”) and the City of Greeley, a home rule municipal corporation,
(“Greeley”) (together “Parties,” and individually “Party”).
RECITALS
A.Through the Halligan Water Supply Project (“Halligan Project”), Fort Collins is pursuing
the enlargement of Halligan Reservoir, an existing reservoir located on the North Fork of
the Cache la Poudre River (“North Fork”); and,
B.Greeley owns Milton Seaman Reservoir, an existing reservoir located on the North Fork
downstream of Halligan Reservoir; and,
C.Greeley is in the process of an urgent capital project to replace the reservoir release gate at
Milton Seaman Reservoir (“Replacement Gate Design Project”); and,
D.The Parties have been in discussion regarding potential structural changes at Milton
Seaman Reservoir and/or Greeley’s Bellvue Water Treatment Plant necessary to mitigate
certain anticipated water quality impacts caused by and operational changes due to the
Halligan Project (“Greeley’s Concerns”) and potential operational and reservoir release
gate design changes at Milton Seaman Reservoir necessary to accommodate certain
environmental mitigation and enhancement commitments on behalf of Fort Collins (“Fort
Collins’ Objectives”); and,
E.The Parties recognize that Greeley’s current Replacement Gate Design Project design may
need to be modified to accommodate Fort Collins’ Objectives; and,
F.The Parties would like to retain a consultant to evaluate Greeley’s Concerns and redesign
the Replacement Gate Design Project to meet Greeley’s requirements and accommodate
Fort Collins’ Objectives; and,
G.The Parties’ efforts will comprise of two general phases:
Phase 1 – Analysis and Preliminary Design
Phase 2 – Implementation
H.The Parties desire that AECOM, as an existing consultant for both Parties, should perform
Phase 1; and,
EXHIBIT A TO RESOLUTION 2024-011
Page 312
Item 23.
I.The Parties have developed the attached scope of work, attached hereto as Exhibit A
(“Study”), which includes water quality analysis and an evaluation and comparison of
certain water quality mitigation measures, including oxygenation and aeration and a multi-
level outlet tower (“Tasks 1-6”) and gate design that would allow for smaller releases to
accommodate Fort Collins’ Objectives (“Task 7”); and,
J.The Parties intend to use the Study as a basis for developing an implementation plan for
Phase 2 that will be the subject of a subsequent agreement, including establishing potential
future impacts, identifying appropriate mitigation measures, and evaluating preliminary
gate designs (“Purpose”); and,
K.As governmental entities, the Parties are authorized to enter into the following
intergovernmental agreement pursuant to C.R.S. §29-1-203.
AGREEMENT
1.Incorporation of Recitals. The foregoing recitals are hereby incorporated as if fully
restated in their entirety.
2.Purpose. The purpose of this Agreement is to establish the Parties’ respective financial
and management obligations and their mutual understanding and agreement as to the Purpose for
the Study. Nothing in this Agreement addresses Phase 2 – Implementation.
3.Funding. Greeley and Fort Collins will split the cost evenly. Greeley will contract with
AECOM and will be responsible for making all payments. Greeley will invoice Fort Collins for
its share of the cost, with payment due to Greeley thirty (30) days after receipt.
4.Management Obligations.
4.1. Water Quality and Mitigation Analysis—Tasks 1-6.
4.1.1. Notwithstanding Greeley’s contractual relationship with AECOM, Greeley
and Fort Collins will jointly manage AECOM and the development of Tasks
1-6. Each Party will appoint a project manager who will be responsible for
conferring with their counterpart before providing any direction to
AECOM. For purposes of this Agreement, the project managers (each a
“PM”) are as follows:
Fort Collins Project Manager: Halligan Project Manager
Attn: Darren Parkin
Phone: (307) 630-9414
dparkin@fcgov.com
Greeley Project Manager: Water & Sewer Chief Engineer,
Attn: Adam Prior, P.E.
EXHIBIT A TO RESOLUTION 2024-011
Page 313
Item 23.
Phone: (970) 350-9875
Adam.Prior@greeleygov.com
4.1.2. The Greeley PM will be responsible for ensuring that the Fort Collins PM
is provided with copies of all reports, data, drawings, computer programs,
or other reproducible, tangible things developed by AECOM in connection
with Tasks 1-6 (“Water Quality Work Product”). In addition, Greeley will
obtain AECOM’s agreement that Fort Collins may use the Water Quality
Work Product for any purpose connected to this Agreement.
4.1.3. Each Party will be entitled to review and provide feedback on the Water
Quality Work Product via their respective PM. All comments must be
provided within a reasonable time to maintain the schedule as identified in
the Scope. Once a consensus has been reached, the Greeley PM will be
responsible for providing any necessary direction to AECOM and ensuring
that the Fort Collins PM is included in all communication with AECOM
related to the Study. Greeley may (but is not required to) include the Fort
Collins PM on non-substantive communication such as coordinating
schedules and/or internal Greeley billing processes and procedures.
4.1.4. If the PMs disagree on the direction or feedback to provide AECOM on
Tasks 1-6, the Parties’ respective management team will meet to discuss the
conflict until a resolution has been reached. If a meeting becomes necessary
to resolve a conflict, the PMs shall promptly schedule the meeting so as not
to delay the schedule identified in the Scope.
4.2. Replacement Gate Design Project—Task 7
4.2.1. Greeley will manage AECOM on all matters related to Task 7 and shall
have sole discretion over any design changes or modifications to the
reservoir release gate and related facilities.
4.2.2. To accommodate Fort Collins’ Objective, the Greeley PM will be
responsible for ensuring that the Fort Collins PM is provided with copies of
the reports, data, drawings, computer programs, or other reproducible and
tangible things developed by AECOM in connection with Task 7 (“Gate
Design Work Product”).
4.2.3. Fort Collins’ will be entitled to review and provide feedback on the Gate
Design Work Product via their PM. All comments must be provided within
a reasonable time to maintain the schedule as identified in the Scope.
Greeley will consider, and in good faith seek to incorporate Fort Collins’
feedback in order to ensure that the designed reservoir release gate is
capable of meeting Fort Collins’ Objectives without compromising
Greeley’s needs. Greeley PM will be responsible for, and reserves the right
to, direct AECOM regarding all aspects of the Gate Design Work Product.
EXHIBIT A TO RESOLUTION 2024-011
Page 314
Item 23.
5.Term. This Agreement will be in effect on the last date it is signed by the Parties until final
payment of the Study has been submitted to AECOM and Fort Collins has satisfied its obligation
to Greeley under Paragraph 3.
6. Claimed Confidential Information.
6.1. CORA. The Parties acknowledge that the documents and communications created
under this Agreement may be subject to the Colorado Open Records Act, C.R.S.
§§24-72-101 et seq. (“CORA”).
6.2. Confidential Information Procedures. If a Party (“Providing Party”) desires to
provide documents or information to the other Party (“Receiving Party”) that the
Providing Party claims to be confidential (“Confidential Information”), the
Providing Party may invoke the terms and conditions of this Paragraph 6.2.
6.2.1. If the Providing Party intends to claim that certain information is
confidential under this Paragraph 6.2 and desires to have the Receiving
Party take certain precautions under this Agreement with such claimed
Confidential Information, then within three calendar days of when the
Providing Party provides the claimed Confidential Information to the
Receiving Party, the Providing Party shall provide written notice to the
Receiving Party containing the following:
(i)an identification of each piece of information that is claimed to be
Confidential Information;
(ii)for each piece of such information, an identification of the
documents, files, or other forms of communication provided to the
Receiving Party in which the claimed Confidential Information is
located; and
(iii)for each piece of such information, a brief statement identifying the
basis for which the Providing Party may claim the information to be
confidential.
6.2.2. With respect to the claimed Confidential Information identified pursuant to
Paragraph 6.2.1, the Receiving Party hereby agrees:
(i)to hold the claimed Confidential Information in confidence and to
take all reasonable precautions to protect such Confidential
Information from inadvertent or accidental disclosure; and
(ii)to not disclose any such claimed Confidential Information to any
third person, except pursuant to Paragraph 6.2.4.
EXHIBIT A TO RESOLUTION 2024-011
Page 315
Item 23.
In the normal course of business, the Receiving Party may also dispose of
any documents containing claimed Confidential Information.
6.2.3. The obligations of the Receiving Party with respect to claimed Confidential
Information under this Paragraph 6.2 shall not apply to:
(i)Claimed Confidential Information beginning six months after the
termination of this Agreement pursuant to Paragraph 5;
(ii)Claimed Confidential Information that the Receiving Party can
document:
(A)is or has become (through no improper action or inaction by
the Receiving Party or any affiliate, agent, consultant, or
employee) generally available to the public;
(B)was in its possession prior to receipt from the Providing
Party under Paragraph 6.2.1, except to the extent that such
information was unlawfully appropriated by the Receiving
Party;
(C)was independently developed by the Receiving Party
without use of any claimed Confidential Information of the
Providing Party under Paragraph 6.2.1; or
(D)was disclosed pursuant to the requirements of law, subject to
Paragraph 6.2.4.
6.2.4. Nothing herein shall affect the obligations of a Receiving Party to either
make disclosures or preserve the confidentiality of claimed Confidential
Information to the extent required by law or court order, including, but not
limited to, requirements under the Colorado Open Records Act, CRS §24-
72-201 et seq., and other Colorado and federal statutes, court rules, and
administrative rules and regulations. If a Receiving Party receives a request
under law for the Providing Party’s claimed Confidential Information, or if
a Receiving Party would otherwise be required to disclose the Providing
Party’s claimed Confidential Information pursuant to law, the Receiving
Party shall notify the Providing Party as soon as practicable of the request
or pending disclosure, and in such event, upon the request of the Receiving
Party, the Providing Party may take such timely action as may be required
to obtain a declaratory judgment as to the confidential status of the
Confidential Information, and, if the Providing Party elects not to do so,
then the Receiving Party’s obligation to preserve that Confidential
Information shall have been waived hereunder, except as otherwise
provided by law.
EXHIBIT A TO RESOLUTION 2024-011
Page 316
Item 23.
6.2.5. The Providing Party shall have the right to require the return and destruction
of claimed Confidential Information in the possession of a Receiving Party
as set forth in this paragraph. Such right shall exist from the effective date
of this Agreement through six months after the date of termination of this
Agreement pursuant to Paragraph 5. If claimed Confidential Information
has been copied or transcribed into another document, such documents will
be destroyed, erased, or modified to remove the claimed Confidential
Information.
7.Fiscal Contingency. Notwithstanding any other provisions of this Agreement to the
contrary, the obligations of the Parties in fiscal years after the initial fiscal year of this Agreement
shall be subject to appropriation of funds sufficient and intended therefor, with the Party having
the sole discretion to determine whether the subject funds are sufficient and intended for use under
this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination
of this Agreement as to such Party upon written notice pursuant to Paragraph 11.
8.No Third-Party Beneficiaries. This Agreement is entered into between the Parties for the
purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this
Agreement and that the Parties are benefitted only to the extent provided under the express terms
and conditions of this Agreement.
9.Governing Law and Enforceability. This Agreement shall be construed in accordance
with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and
rules and regulations of the State of Colorado and of the United States, as well as the Parties’
respective bylaws, city charters and codes, and rules and regulations, impose certain legal
constraints on each Party and that the Parties intend to carry out the terms and conditions of this
Agreement subject to those constraints. Whenever possible, each provision of this Agreement
shall be interpreted in such a manner so as to be effective and valid under applicable law.
10. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not
constitute a waiver of any subsequent breach of the same or another provision of this Agreement.
Nothing in this Agreement shall be construed as any waiver of governmental immunity of the
Parties who are governments or any other governmental provisions of State law. Specifically, by
entering into this Agreement, no Party waives the monetary limitations on liability or any other
rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. §
24-10-101, et seq., or any successor or similar statutes of the State of Colorado.
11.Notices. All notices or other communications hereunder shall be sufficiently given and
shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or
refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier
service to the party to whom notice is given at the address specified below; (iii) on the date and at
the time shown on the electronic mail if sent by electronic transmission at the email addresses set
forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof;
or (iv) after the lapse of five business days following mailing by certified mail-return receipt
requested, postage prepaid, addressed as follows:
EXHIBIT A TO RESOLUTION 2024-011
Page 317
Item 23.
To Fort Collins: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
epotyondy@fcgov.com
and: Fort Collins Utilities
Attn: Sr. Director of Water Planning and Sciences
4316 LaPorte Ave.
Fort Collins, Colorado 80521
To Greeley: City of Greeley
Attn: Director of Water & Sewer
1001 11th Ave, 2nd Floor,
Greeley, Colorado 80631
With a copy to:
Greeley City Attorney
1100 10th Street, Suite 401
Greeley, Colorado 80631
Jerrae.Swanson@greeleygov.com
12.Construction. This Agreement shall be construed according to its fair meaning as it was
prepared by the Parties. Headings in this Agreement are for convenience and reference only and
shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement.
13.Representations. Each Party represents to the other parties that it has the power and
authority to enter into this Agreement and the individual signing below on behalf of that Party has
the authority to execute this Agreement on its behalf and legally bind that Party.
14.Assignment. No Party may assign any rights or delegate any duties under this Agreement
without the written consent of all other Parties.
15.Severability. If any provision of this Agreement shall prove to be illegal, invalid,
unenforceable, or impossible of performance, the remainder of this Agreement shall remain in full
force and effect.
[Remainder of Page Left Blank Intentionally]
EXHIBIT A TO RESOLUTION 2024-011
Page 318
Item 23.
CITY OF FORT COLLINS, a municipal corporation
By: Date:
Kelly DiMartino, City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney’s Office
EXHIBIT A TO RESOLUTION 2024-011
Page 319
Item 23.
CITY OF GREELEY, a municipal corporation
APPROVED AS TO SUBSTANCE:
By:_________________________________ Date:_____________________________
City Manager
AVAILABILITY OF FUNDS:
By:_________________________________ Date:_____________________________
Director of Finance
APPROVED AS TO LEGAL FORM
By:_________________________________ Date:_____________________________
City Attorney’s Office
EXHIBIT A TO RESOLUTION 2024-011
Page 320
Item 23.
EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
GREELEY AND THE CITY OF FORT COLLINS REGARDING CERTAIN ASPECTS
OF THE HALLIGAN WATER SUPPLY PROJECT
(See attached Scope of Work)
EXHIBIT A TO RESOLUTION 2024-011
Page 321
Item 23.
October 13, 2023
Mr. Adam Prior, PE
Chief Engineer
Greeley Water and Sewer
1001 11th Avenue, 2nd Floor
Greeley, CO 80631
AECOM
7595 Technology Way
Denver, CO 80237
aecom.com
* * * Sent via Email * * *
Subject: Water Quality Analysis and Outlet Tower Feasibility Study,
Milton Seaman Reservoir
Dear Mr. Prior,
Enclosed as requested is AECOM Technical Services, Inc. (AECOM)’s proposed scope,
schedule, and fee for the following:
1.Water quality analysis of the City of Greeley’s (Greeley) Milton Seaman Reservoir with
changes due to the planned Halligan Water Supply Project (HWSP) and enlargement of
Halligan Reservoir located upstream .
2.Management and infrastructure recommendations for water quality issues on the North
Fork of the Poudre River and in Milton Seaman Reservoir, including a comparison of
options, such as a multi-level outlet tower and supporting systems and an
oxygenation/aeration system .
3.If deemed to be the best option, c ontinuation of the engineering feasibility study of a
multi-level outlet tower and supporting systems tha t would allow Greeley to better
manage water quality of releases from Milton Seaman Reservoir.
4.Progress preliminary design of Milton Seaman slide gates from 30 to 60 %, and re-select
the jet flow gate valve equipment . The design should include a range of smaller releases
that includes flows in the 1 to 5 cfs range.
AECOM assumes all project -related documentation will be submitted to Greeley (emails,
deliverables, invoices, etc .). Greeley should coordinate with Fort Collins for any input or reviews.
If directed and approved by Greeley, AECOM’s HWSP team can request data or other inputs
from Fort Collins on an individual basis. AECOM’s HWSP team will not overlap with this project
team, and no information will be shared with AECOM’s HWSP team without Greeley’s direction
and consent. A detailed description of this work is provided in the following sections.
STATEMENT OF QUALIFICATIONS
AECOM is uniquely qualified to complete this work based on our familiarity with the project
conditions and technical capabilities. AECOM’s proposal is conditioned on mutually acceptable
contract terms and conditions similar to current and previous AECOM -Greeley work. Key
AECOM team members include:
303-694 2770 tel
EXHIBIT A TO RESOLUTION 2024-011
Page 322
Item 23.
•Nathan Walker, PE will serve as Project Manager and has worked successfully with you
to complete past projects. Mr. Walker has 23 years of experience including slide gate and
similar improvements associated with dams and reservoirs.
•Tammy Karst-Riddoch, Ph.D. will serve as Senior Limnologist on the water quality
analysis portions of the project. Dr. Karst -Riddoch is an accomplished senior aquatic
scientist, bringing more than 25 years of research and consulting experience to the
AECOM team. Sh e manages, leads , and advises on complex surface water and
watershed management projects for government, industry, and private stakeholders
across North America.
•Lorin Hatch, Ph.D. will serve as Independent Technical Reviewer on the water quality
analysis portions of the project. Dr. Hatch is a federal program/project manager and
water quality expert with over 30 years of experience in water resources and ecosystem
management.
Resumes for the key AECOM team members are attached.
PROJECT UNDERSTANDING
Water quality at the Milton Seaman Reservoir outlet will be evaluated for current conditions and
for potential changes due to the HWSP. Along with this evaluation, a feasibility analysis and
evaluation/comparison for water quality mitigation alternatives will be performed for oxygen ation
and reservoir aeration systems. Additionally, an engineer’s opinion of probable costs, generally
consistent with an AACE Class 4, for the selected aeration and/or oxygenation system option will
be prepared. AECOM understand s Greeley is willing and able to inject permanganate at the
treatment plant to supplement the selected option.
AECOM understands Greeley’s desire to continue the engineering feasibility study of the
development of a multi-level outlet tower and associated system components. A conceptual
design analysis will be prepared summarizing the details of construction along with criteria and
resulting ability to meet some o r all of Greeley’s needs. Additionally, an engineer’s opinion of
probable costs, generally consistent with a n AACE Class 4, for the proposed outlet tower and
supporting systems will be prepared.
AECOM understands that a comparative analysis of the two water quality options and their
combination should be included to understand the pros and cons of these systems .
AECOM understands Greeley’s desire to continue the design of the slide gates at Milton
Seaman Reservoir. This work was previously completed by AEC OM to a 30% design level.
AECOM will advance to a 60% design level and also re-select the jet flow gate valve equipment .
The design will include a range of smaller releases that includes flows in the 1 to 5 cubic feet per
second (cfs) range, be it part of the main gates or separate release gates and/or valve structure.
1.SCOPE OF WORK
Task 1: Project Management
AECOM will coordinate project management and meetings with Greeley. Under this Task a
project work plan, schedule, and general a dministration tasks will be prepared and carried out. A
site visit is included in the scope for this task .
PHASE 1
Phase 1 represents the analysis of a water quality mitigation plan for Milton Seaman Reservoir
due to the HWSP.
EXHIBIT A TO RESOLUTION 2024-011
Page 323
Item 23.
Task 2: Water Quality Data Review and Analysis
AECOM will complete a limnological assessment of the Milton Seaman Reservoir and the North
Fork of the Poudre River to characterize seasonal water quality with the changes in
inflow/outflow, water levels and water quality for current conditions and potential changes
anticipated due to the HWSP. The assessment will consider key water quality concerns that may
impact treatment at the Bellvue Water Treatment Plant as well as recreational activities and
aquatic ecology of the reservoir. AECOM’s analysis will consider relevant information provided
by both Fort Collins and Greeley.
It is understood that an oxygenation/aeration system could be needed to address issues with
anoxia, which presently drives high concentrations of manganese and iron in the reservoir.
Anoxia also contributes to an enhanced flux of nutrients from the sediments that promote algal
activity, increasing the potential production of algal metabolites such as taste and odor
compounds (2-Methylisoborneol (MIB), Geosmin) and cyanotoxins, as we ll as organic matter
that leads to additional oxygen demand.
The purpose of this assessment is to identify patterns and drivers of water quality concerns to
inform the selection and design of effective and feasible mitigation options to address them. This
includes input for the proposed oxygenation/aeration system and the Outlet Tower Feasibility
Analysis (i.e., to establish depths of the outlets to optimize the quality of water discharged
downstream ).
To perform the assessment, AECOM will collect and review available relevant physical,
chemical, and biological data for the Milton Seaman Reservoir and for the inflow from the
Halligan Reservoir under existing conditions and with the HWSP. Data that would support the
assessment include, but are not limited t o:
•Bathymetry
•Water levels
•Inlet/Outlet flows
•Field water quality parameters (depth profiles of temperature, dissolved oxygen, pH,
conductivity, oxygen reduction potential)
•General water chemistry (alkalinity, hardness, metals, nutrients [phosphorus and
nitrogen], total suspended solids, total and dissolved organic carbon, and chemical and
biochemical oxygen demand )
•Chlorophyll-a (or other indicators of algal biomass and community composition)
•Taste and Odor compounds (MIB, Geosmin)
•Cyanotoxins
•Sediment quality (to assess oxygen demand, and metals and nutrient flux)
Additional information on past water quality events causing treatment or operational issues at
the water treatment pla nt would also be beneficial to support the assessment.
AECOM recognizes that there may be missing data to fully characterize mixing and stratification
patterns and water quality of the reservoir, and as input to design the aeration/oxygenation
system. Wher e feasible, limnological theory and methods will be used to fill data gaps to inform
the assessment. AECOM will notify Greeley of critical data gaps and provide recommendations
to collect the missing information.
AECOM will request oxygenation/aeration de signs, technical specifications, and cost estimates
from up to three (3) technology suppliers. These suppliers will be given relevant data from the
EXHIBIT A TO RESOLUTION 2024-011
Page 324
Item 23.
limnological assessment to support their proposals for meeting the oxygen transfer requirements
necessary to maintain the reservoir's water quality. Key information may include:
•Reservoir water quality (oxygen concentrations, oxygen demand)
•Area and depth of the reservoir
•Stratification depth
•Atmospheric and water temperature
•Water cycling in and out of the rese rvoir
•Locations and elevations of inlets and outlets
The design proposals will be compared and evaluated in Task 3. As a result from this analysis,
any other mitigation options that may be suitable will be identified. Greeley could consider if
adding any a dditional options to the scope, beyond those presented in Tasks 2 and 4, is needed.
DELIVERABLES
•Draft Water Quality Tech Memo, including:
─ Identification and assessment of key water quality concerns that may impact
treatment at the Bellvue Water Treatment Plant as well as recreational activities and
aquatic ecology of the reservoir.
─ Analysis required by vendors to complete their design propos als, as noted above.
─ Identification of any mitigation alternatives other than aeration system and multi -level
outlet tower.
•Final Water Quality Tech Memo including same items noted above in the Draft Report.
ASSUMPTIONS
•Expected list of information required to complete this review as listed above. AECOM
collection of data is limited to coordination with Greeley and Fort Collins to obtain
available water q uality data relevant to this effort and in a format suitable for use.
•Data review will be limited to the level of effort shown for this task.
•Detailed water quality modeling will not be performed as part of this task. Qualitative
analysis will be used to a nticipate potential changes in water quality due to the HWSP.
•No hydrologic or hydraulic model will be required at this time for analysis .
•Extent of analysis will be limited by data availability. Gap analysis may need to be
performed if insufficient data i s available. The AECOM team will require data through the
water column to show temperature change through the water column in order to size
aeration technology properly.
•Only the analysis of the aeration option and the multi -level outlet tower are included in
the scope under Tasks 3 through 6. If additional mitigation options are identified during
this task, additional selected option(s) could be added to the scope at Greeley’s direction.
Task 3: Feasibility 15% Design for Oxygenation and Aeration Systems
AECOM will evaluate design plans received from up to three (3) aeration system vendors
requested in Task 2. In the review of equipment options, oxygenation systems will be
considered. A technical specialist in oxygenation systems with demonstrated experien ce in
designing well-functioning hypolimnetic oxygenation systems will be utilized in this review. An
overview description will be provided for each technology, and the technologies will be compared
with respect to several evaluation criteria that may incl ude:
EXHIBIT A TO RESOLUTION 2024-011
Page 325
Item 23.
•Equipment Cost
•Operational Cost
•Maintenance Burden
•Ease of Operation
•Ease of Construction
•Oxygen Transfer Efficiency
•Vendor Proof of Experience
Based on the evaluation, and in consultation with Greel ey, the preferred technology will be
selected.
This preferred system will be used to develop a Basis of Design Report and 15% design
drawings which will include process-mechanical designs and layout, structural and electrical
designs. Process Mechanical will size the compressed air system, inclusive of the compressor,
dryer, air receivers, and associated line piping. A layout for all Process Mechanical equipment
will be provided to the building layout team. One plan and no more than seven section views are
anticipated. Total anticipated drawing generation will be four. Structural designs will include a
Floor Plan sheet, a Roof Plan sheet, a section of the building, and at least one Detail sheet
showing pipe encasement. Electrical will include design of lighting, receptacles, power to
equipment, electrical service, grou nding, lightning protection system, and associated systems. In
addition, feasibility level, conceptual design will provide connections for the control system as
needed. The electrical feasibility level, conceptual design anticipates site power, telemetry plan ,
and preliminary one-line diagram and ne twork diagrams. Total 15% design package is expected
not to exceed 20 sheets. Cost estimating will be part of Task 5.
DELIVERABLES
•Draft Oxygenation and Aeration Systems Feasibility Design Report, including:
─ Technology descriptions and evaluations
─ Comparison and s election of preferred technology
─ Basis of design for the preferred technology
─ Sections from Process-Mechanical, Structural, and Electrical design disciplines
describing basis of design.
•15% Design Package for the preferred technology:
─ Process-Mechanical: up to four drawing sheets including one plan, and no more than
seven section views.
─ Structural: up to two plan sheets, one building section, one detail sheet, and one
shaft elevation view.
─ Electrical: up to eight sheets including site plan, power p lan, one -line and schedules,
details, lightning protection system, and control schematics .
•Final Oxygenation and Aeration Systems Feasibility Design Report and 15% Design
Drawings Package including same items noted above in the Draft Report.
Task 4: Feasibility Design and Engineering of Multi-Level Outlet Tower
Task 4A Data Review and Development of Study Approach
AECOM will review available and pertinent information relative to the design, construction,
operation and previous analyses of the dam and associated structures. This information will
include as-built drawings, construction records, previous AECOM design reports, and additional
information available from Greeley.
EXHIBIT A TO RESOLUTION 2024-011
Page 326
Item 23.
Task 4B Civil and Structural Analysis for Alternatives
Slide Gate Analysis
In 2019, AECOM presented to the City of Greeley a Basis of Design and Preliminary
Engineering Report for the rehabilitation of the five leaking slide gates located at the outlet works
of the Milton Seaman Reservoir. As part of the 30% design, AECOM proposed the construction
of a new tunnel bulkhead and gate structure located immediately downstream of the existing
slide gates. A reinforced concrete and steel trashrack structure is located at the reservoir intake
upstream of the slide gates.
With the inclusion of an outlet tower, Greeley and AECOM will evaluate the potential of replacing
the existing guard gates located at the tunnel inlet along with installation of new slide gates
located at multiple levels on the new outlet tower. The new tower gates would allow Greeley to
better manage water quality of reservoir releases by selectively withdrawing water from one or
more levels within the reservoir. Development of a concept for measuring reservoir releases and
automating gate operation will also be provided.
Planned Bulkhead Considerations
A new outlet tunnel bulkhead was proposed as part of the 2019 30% Basis of Design. The
concrete bulkhead structure, or plug, would be located immediate ly downstream of the existing
slide gates. The conceptual design of the new outlet tower will consider structural, hydraulic, and
operational compatibility with the planned bulkhead. The team will also evaluate whether the
bulkhead would still be required with the construction of the outlet tower.
Fish Exclusion Analysis
The Feasibility Study (Study) will review alternatives to prevent fish passage through the outlet
tower. The design will consider intake screen options, preliminary backwash equipment sizi ng,
design flows, screen bar spacing, and head loss considerations.
Tower Layout Alternatives
Two Outlet Intake Tower location alternatives will be developed and evaluated as part of this
Study.
Option 1: Locate tower near upstream of the tunnel intel at the existing trashrack
This alternative assumes that the existing trashrack and supporting structure will be demolished
and removed, and a new outlet tower would be constructed near the upstream face of the tunnel
inlet. The tower should be founded on rock and this location is anticipated to minimize
foundation excavation. However, a temporary cofferdam and bypass system will be needed to
convey flows around the work area and discharge over the spillway or through the existing outlet
tunnel during tower construction.
Option 2: Locate tower east of the existing trashrack
This tower location alternative assumes removal of the existing trashrack and construction of a
new outlet tower at a location adjacent to the existing trashrack structure. This could allow for
conveyance of reservoir flows through the existing outlet tunnel during tower construction and
could minimize the need for temporary cofferdam and bypass piping. Excavation for the intake
tower foundation is expected to increase compared to Option 1 and will be evaluated based on
estimated depth to bedrock. Results from this option will be used to evaluate constructability,
risk, and whether the additional cost of tower excavation is less t han the Option 1 costs for the
temporary cofferdam and bypass piping.
EXHIBIT A TO RESOLUTION 2024-011
Page 327
Item 23.
Cofferdam and Reservoir Bypass Analysis
The use of a cofferdam and bypass system would allow for the construction of the outlet tower at
the existing trashrack location. The system will need sized to divert flows from the reservoir and
protect the work area. Conceptual capacity and sizing of the cofferdam and bypass system will
be developed.
Foundation Excavation Analysis
AECOM will review previous geologic and seismic hazard studies performed as well as
geotechnical data for the potential tower locations. Under this Task, required excavation depths
to a suitable foundation for each tower location alternative will be estimated to support the
alternative ’s development and evaluation.
Reservoir Dredging Analysis
The City of Greeley has expressed interest in the potential of dredging sediment from the
Reservoir as part of the Tower Study. AECOM will evaluate alternatives for disposal and
placement of the dredged material in accordance with United States Army Corps of Engineers
(USACE) requirements. AECOM will also consider material properties and quantities associated
with restoring the reservoir bathymetry to as -built grades based on available info rmation and
explore possible interest by others in use of this material in planned reservoir construction that
could occur near the site in the near future.
Water Quality Analysis and Management Plan
Water quality management of reservoir releases is a desirable component for the pro posed
outlet tower design. AECOM will review available water quality data , project goals and
requirements to inform recommendations for development of a reservoir water quality monitoring
and management plan. Considerations for water quality during constru ction will also be
provided. However, the development of detailed monitoring and management activities is
beyond the scope of this study.
Task 4C Mechanical and Electrical Analysis for Alternatives
New Control House Analysis
The existing control house is located east of the reservoir outlet works and currently houses the
hydraulic pump and fluid reservoir and is served with a 240 -volt, single-phase electrical service.
A new control house is proposed to supply power and house equipment for the outlet tower
system components. A preliminary location, layout, and power source of the new control house
will be developed as part of this Study.
Gate Operator, Screen Backwash, and Aeration System Mechanical Equipment Analysis
As part of the new outlet tower concepts, AECOM will evaluate the feasibility of installing
oxygenation, air compressor, and accumulator equipment that will be housed within the new
control house for a new reservoir aeration system. Evaluation of hydraulic or elec tric operator
options for the new gates will be developed to recommend basis of design for gate operators.
AECOM will evaluate preliminary sizing and placement of a screen backwash system as part of
the outlet tower construction. The backwash equipment wi ll be housed within the new control
house. Backwash equipment sizing will consider fish exclusion requirements.
Outlet Tower Site Power System Requirements
EXHIBIT A TO RESOLUTION 2024-011
Page 328
Item 23.
New site power will be evaluated by connecting the proposed outlet tower and control house to
the existing three-phase electrical located at the site access road. This will include
correspondence with the power provider, along with review of assumed or estimated connected
loads, to review feasibility and basis of cost.
DELIVERABLES
•Draft Feasibility St udy Report, including:
─ Descriptions of conceptual design elements
─ Discussion of detailed design considerations
─ Conceptual drawings of outlet tower options
•Final Feasibility Report including same items noted above in the Draft Report.
Task 5: Evaluation and Cost Estimating of Water Quality Mitigation Option s
AECOM will evaluate the aeration system and multi -level outlet tower mitigation options. The
criteria for this evaluation may include :
•Cost
•Environmental Impact
•Resilience to extreme weather or seasonal changes in water quality
•Regulatory Compliance
•Energy Consumption
•System Reliability
•Operational Flexibility
AECOM will develop preliminary design material and equipment quantities for the construction of
the proposed outlet tower and aeration system alternatives and associated work. These
quantities will be used to develop a cost estimate that is generally consistent with an AACE
Class 4 estimate. AECOM will develop the engineer’s estimate of construction cost utilizing
industry accepted methods including budgetary costs provided from manufacturers or vendors of
major equipment when available.
DELIVERABLES
•Draft Water Quality Mitigation Tech Memo, including:
─ Memo summarizing mitigation evaluation methods and results, and their b enefits
─ AACE Class 4 cost estimates for a single aeration system and single multi -level
outlet tower mitigation options presented in Tasks 3 and 4
•Final Water Quality Mitigation Tech Memo including same items noted above in the Draft
Report.
Task 6: Water Quality Mitigation Plan Recommendations and Reporting
Based on stakeholder reviews of the deliverables above, AECOM will provide a final mitigation
plan. This will include a compiled report containing the conclusions from Tasks 2 through 5,
summary of cost estimate provided in Task 5, and an implementation schedule .
EXHIBIT A TO RESOLUTION 2024-011
Page 329
Item 23.
DELIVERABLES
•Draft Water Quality Mitigation Plan Recommendations Report, including:
─ Summary of conclusions/de sign considerations from Tasks 2 through 5
─ Summary of cost estimate provided in Task 5
•Draft Water Quality Mitigation Plan Recommendations Report including same items
noted above in the Draft Report.
PHASE 2
Phase 2 represents advancing the Tunnel Bulkhead and Gate Replacement from 30 to 60%
design and incorporating the HWSP minimum release requirement of 1 cfs. Phase 2 is not
anticipated to begin until Phase 1 is complete, so that any conclusions from Phase 1 can be
incorporated into Phase 2.
Task 7: Outlet Gates 60% Design
AECOM will progress the Tunnel Bulkhead and Gate Replacement, Option 4 from 30% to an
approximately 60% level of design , and revise the design to accommodate a 1 to 5 cfs
streamflow release range requirement for the HWSP, be it part of the main gates or separate
release gates and/or valve structure . The work under this task will include development of 60%
design drawings, draft technical specifications, Preliminary Engineering Report (PER), and 60%
cost estimate.
AECOM anticipates approximately 15 design drawings including title sheet and location map,
site plan, existing outlet works plan and profile, existing slide gate sections, hydraulic conduit
plans and sections, hydraulic conduit details, standard reinforcement det ails, bulkhead structure
plan and sections, and typical reinforcement sections. AECOM does not anticipate and has not
included primary power site electrical improvements in this scope of work.
Draft technical specifications will be developed for major eq uipment, key work activities and dam
safety related activities that involve State Engineering Office (SEO ) approval to provide design -
build teams information to use as the basis of their proposal. The draft specifications are
anticipated to follow Division 16 MasterFormat 1995 f ormat and include Summary of Work,
Environmental Standards, State Engineer Requirements, Reservoir Control, Stream Diversion,
and Slide Gates. Additional technical specifications , such as Cast-In-Place Concrete, will be
identified in the Specifications Table of Contents but will not be drafted in this scope and will
need developed during final design by the selected design -builder.
A PER will be developed documenting the basis of design for the proposed improvements. This
will include the SEO required plan approval submittal schedule, and supporting calculations and
equipment catalog cut sheets. The PER can be included in the design-build solicitation and will
not include the 60% cost estimate.
An AACE Class 3 cost estimate will be de veloped based on the 60% design drawings and draft
technical specifications. However, this cost estimate will typically not be included in Greeley’s
design-build solicitation, and therefore , will be submitted to Greeley separately from the design
drawings, specifications and PER.
AECOM anticipates that a draft 60% design submittal should be reviewed for comment s by the
SEO in addition to Greeley’s review and comment s. This will be confirmed during the Task 1
SEO consultation, and SEO comments along with Greeley comments will be incorporated into a
final 60% design submittal for Greeley’s use in solicitation of design -build proposals.
EXHIBIT A TO RESOLUTION 2024-011
Page 330
Item 23.
Water quality management of reservoir releases is a desirable component for the proposed
outlet tower design. AECOM will review available water quality data and project goals and
requirements to inform recommendations for development of a reservoir water quality monitoring
and management plan. Considerations for water quality during construction wi ll also be
provided. However, the development of detailed monitoring and management activities is
beyond the scope of this study. This will be completed as part of Task 5, and updated as needed
for consideration of this task.
DELIVERABLES
•60% Design Drawings
•60% Technical Specifications
•Preliminary Engineering Report
•AACE Class III Cost Estimate
•Greeley procurement documents review comments.
ASSUMPTIONS
•Electrical improvements are not required.
•Greeley will identify list of local permits for inclusi on in preliminary specifications.
•State permits including SEO review and approval and SWMP will be obtained by
design-builder.
•National permits such as USACE 404 Nationwide Permit for Maintenance are not
required.
•Greeley will provide notification to the United States Forest Service under the Special
Use Agreement or obtain a permit Amendment, if required.
•No intrusive investigations such as rock coring are required to develop the 60% design .
2.SCHEDULE
The total project duration is estimated to be approximately 17 months based on the number of
conceptual design elements and the various subject matter expertise needed. Notice to Procced
(NTP) is estimated to be January 15, 202 4 and project milestones and anticipated durations
have been estimated as f ollows, and subject to verification as part of the fee estimate level of
effort:
•Anticipated NTP: January 15, 202 4
•Task 2 Draft Completion: February 15, 2024
•Task 2 Final Completion: March 15, 2024 (allowing 2 weeks for stakeholders to
comment, 2 weeks fo r AECOM to finalize)
•Tasks 3 & 4 Start and Draft Completion: March 15 – June 15, 2024
•Tasks 3 & 4 Final Completion: August 5, 2024
•Task 5 Start and Draft Completion: August 5, 2024 – October 15, 2024
•Task 5 Final Completion: November 15, 202 4
•Task 6 Start and Draft Completion: November 15, 2024 – January 30, 2025
•Task 6 Final Report Completion (End of Phase 1): March 1, 2025
•Phase 2 (Task 7) Completion: March 1, 2025 – July 31, 2024
3.ENGINEERING FEES
A summary of task costs is presented in Table 1. AECOM’s 2023 billing rates are based on
AECOM’s attached proposed rates for Greeley’s As Needed Services/Design and Engineering
for Water & Sewer.
EXHIBIT A TO RESOLUTION 2024-011
Page 331
Item 23.
Table 1. Time & Materials Not To Exceed Fee
Task Description Fee Estimate
Task 1 Project Management $43,304
Task 2 Water Quality Data Review and Analysis $24,746
Task 3 Feasibility 15% Design for Oxygenation and Aeration
Systems
$76,780
Task 4 Feasibility Design and Engineering of Multi -Level Outlet
Tower
$204,069
Task 5 Evaluation and Cost Estimating of Water Quality
Mitigation Options
$27,986
Task 6 Water Quality Mitigation Plan Recommendations and
Reporting
$13,764
PHASE 1 SUBTOTAL $390,649
Task 7 Outlet Gates 60% Design $162,841
TOTAL $553,490
We look forward to the opportunity to provide engineering support to the City of Greeley for
successful completion of this project. Please contact me at 303-740-2622 or
nathan.walker@aecom.com if you have questions or require additional information.
Sincerely,
AECOM Technical Services, Inc.
Nathan Walker, PE Kathy Schlosser, PE
Project Manager Associate Vice President
enclosures: : Nathan Walker Resume
Tammy Karst -Riddoch Resume
Lorin Hatch Resume
Detailed Fee Estimate
2023 Fee Schedule
cc: :
Nathan Walker, PE Kathy Schlosser, PE
EXHIBIT A TO RESOLUTION 2024-011
Page 332
Item 23.
Nathan Walker, PE
Project Manager
Education
BS, Civil Engineering, University of
Akron, 2001
Years of Experience
With AECOM: 13
With Other Firms: 10
Areas of Expertise
Dams & Reservoirs
Civil Infrastructure
Utility Engineering
Professional Registration
Professional Engineer:
Colorado, New Mexico,
Washington
Summary
Mr. Walker has 22 years of planning, design, construction, and management experience as the Engineer of Record involving the
preparation of studies, construction drawings, cost estimates, and technical specifications associated with site civil and ut ility
engineering including improvements associated with more than a dozen dams and water storage reservoirs.
Project Experience
Arapahoe County Water and Wastewater Authority, Chamber Reservoir Phase II Remediation Reservoir Liner,
Centennial CO. Principal Engineer and Engineer of Record for design of reservoir liner including coordination of approval with
the State Engineer’s Office associated with remediation of a Jurisdictional Dam including development of liner material
alternatives analysis and final construction drawings and specifications. Reservoir liner involv es 1.7M SF of geosynthetic liner,
geotextile, anchor trenches and mechanical connections to seven dam structures.
United States Air Force Academy, Kettle Creek Dry Dam Modifications, Colorado. Principal Engineer and Engineer of
Record for design of dam modifications including coordination of approval with the State Engineer’s Office associated with
conversion of a High Hazard Dam to an Exempt Structure involving dam breach analysis, dam hazard classification,
development and evaluation of alternatives, and development of final construction drawings and specifications. Dam
modifications involve removal of earthen embankment dam, coordination with CDOT, protection of utilities, drainage
improvements and modifications to detention features within the dam.
United States Air Force Academy, Non-Potable Reservoir 1 Dam Repairs, Colorado. Principal Engineer and Engineer of
Record for design of dam repairs including coordination of approval with the State Engineer’s Office and development of final
construction drawings and specifications for repair of a Significant Hazard Dam. Repairs involve two (2) 18-inch diameter CMP
inlet conduits, one 18-inch diameter steel outlet conduit, reinforced concrete outlet tower, emergency spillway, toe drain, earthen
embankment, and including the demolition of existing work and structures. Conduit repairs involved cured-in-place pipe (CIPP)
for the two (2) inlet conduits and grouted steel pipe slip-lining of the outlet conduit.
Colorado Springs Utilities, Woodland Park, Northfield Dam Modifications Project, Colorado. Project Manager during
construction management services involving improvements of a small, Significant Hazard Dam in El Paso County including the
rehabilitation of the dam outlet works, new concrete spillway chute, new toe drain system, and an 8-foot raise of the earthen
dam embankment in coordination with State Engineer approval. Conduit rehabilitation involved grouted steel pipe slip -lining of
the outlet conduit.
City of Aurora, Box Creek Reservoir Forebay and Diversion Structure Project, Kobe, CO. Project Manager for
development and evaluation of alternatives analysis and identification of recommendations for water supply diversion options
and forebay storage options including a zoned earthen embankment dam to provide re servoir storage for up to 15,000 acre-feet
of capacity, geotechnical site investigation along with development of design documents for a replacement diversion structure .
City of Santa Fe, Nichols and McClure Dam Rehabilitation, Santa Fe, New Mexico. Lead Engineer, Non -Dam Safety. Led
a team that completed design of the non-dam safety aspects of the Nichols Reservoir Rehabilitation project. Design elements
included raw water pipeline improvements at the Nichols site and the Canyon Road WTP site along with a below grade flow
control and future hydropower valve vault, a below grade Nichols reservoir outlet valve vault, and an above grade mechanical
equipment building. The multi-discipline design team involved site civil, structural, process, mechanical, electrical, power
distribution, instrumentation, and controls engineering coordinated closely with the City team.
Bradner Dam and Peterson Dam Alternatives Analyses, Las Vegas, New Mexico. Hydraulic Engineer. Developed and
completed analysis of hydraulic transient pressures for raw water supply pipeline from Bradner reservoir to the City’s water
treatment plant.
EXHIBIT A TO RESOLUTION 2024-011
Page 333
Item 23.
Upper Yampa Water Conservancy District, Yamcolo Reservoir Outlet Control Valve Replacement, Yampa, Colorado.
Project Manager for replacement of the existing American Water Works Association (AWWA) C504, Class 150B, 36-inch cast
iron butterfly valve addressing a fracture that developed on the valve leaf/disc suspected to have resulted from the effects of
frazil ice buildup or other wear and tear, such as ha rmonics from vortex shedding. Included evaluation of valve replacement
options including AWWA C529 high performance butterfly valves involving single, double, and triple offset along with salvage
and reuse of the existing hydraulic valve operator.
Colorado Parks and Wildlife, Beaver Park Reservoir Flow Control Optimization, South Fork, Colorado. Technical Lead to
conduct flow testing of the reservoir outlet works, evaluate hydraulic conditions and equipment performance, and develop
improvements to maximize the operational capacity of the structure. AECOM determined the removal of the 42 -inch butterfly
valve (BFV) was necessary to provide full operating capacity at full reservoir levels. AECOM developed design drawings to all ow
for removal of the BFV in order to maximize the flow releases provided by the 42-inch cone valve and evaluated equipment
options to replace the existing valve with a full port isolation valve including a bonneted knife gate, stainless steel ball valve, and
plug valve suitable for these high velocity and low pressure conditions
United States Air Force Academy, Non-Potable Reservoir 2 Hazard Classification, Colorado. Principal Engineer for dam
hazard classification of a High Hazard Dam in accordance with Colorado Division of Water Resources Rules and Regulations for
Dam Safety and Dam Construction. Hazard classification included dam breach analysis, dam hazard cla ssification, and
development of an emergency response plan.
United States Air Force Academy, Non-Potable Reservoir 3 Hazard Classification, Colorado. Principal Engineer for dam
hazard classification of a Significant Hazard Dam in accordance with Colorado Division of Water Resources Rules and
Regulations for Dam Safety and Dam Construction. Hazard classification included dam breach analysis, dam hazard
classification, and development of an emergency response plan.
Integrated Utility Master Plan, City of Thornton, Thornton, Colorado. Project Manager. Developed utility wide master plan
for water supply, treatment, distribution and wastewater collection systems following an integrated planning approach and
including evaluation of facilities performance, operations, water quality, redundancy, reliability, resiliency and developmen t of a
prioritized capital improvement program including rehabilitation and replacement costs for all pipelines based on prioritized
evaluation of risk and consequence of failure associated with each asset. System modeling involves water balance and water
quality mitigation alternatives and limnologic analysis for water supply reservoir water quality.
Private Client, Water Supply Projects, Weld County, CO: Design and construction of multiple water supply projects including
development of water supply systems, water storage reservoirs, and water pumping, distribution and delivery systems.
Private Client, Water Supply and Utilities Planning, Western Slope, CO: Lead Utility Engineer for engineering, master
planning and permitting services for new public water system, wastewater utility and utility systems including alternative
development and analysis of multiple water supply diversions, water stor age reservoirs, water treatment facilities, water
distribution system components including pipelines, pump stations, and multiple pressure zones.
Pandora Water Supply Project, Town of Telluride, CO: Principal Engineer provided design and construction engineering
services for completion of new water supply sources, raw water transmission system, water treatment facility, hydroelectric
generation plant, treated water transmission system, booster pump station, support facility, and related infrastructure.
Topock Marsh Infrastructure Improvements, U.S. Fish and Wildlife Service, Needles, CA: Provided design of 60 CFS raw
water pump station and associated piping, valving and electrical systems. Floating pump system was part of improvements to
intake and canal structures.
Santa Ana National Wildlife Refuge, U.S. Fish and Wildlife Service, Hidalgo and Cameron Counties, TX: Provided design
of 3,000 gpm raw water pump stations and associated piping, valving and electrical systems including floating barge -pump
system at five (5) separate sites within the NWR.
City of Aurora, Aurora Rampart Raw Water Lines Relocation at US 85 and Titan Road, Aurora, Colorado. Design and
relocation of two critical raw water transmission lines in Aurora to accommodate Highway 85 re -construction by CDOT. The work
involved extensive coordination with Aurora's water department, CDOT, and adjacent utilities to e nsure continuous water supply.
Xcel Shoshone Hydroelectric Penstock Repair, Glenwood Springs, Colorado. Provided design engineering services to
rehabilitate the twin 108-inch diameter penstocks at the Shoshone Hydroelectric Plant due to a catastrophic rupture of one of the
existing penstocks just above the turbine building. Evaluated hydraulic transient pressures of rep air and replacement options
and recommended installing new 100-inch diameter welded steel pipe lining inserts inside each of the existing penstocks.
EXHIBIT A TO RESOLUTION 2024-011
Page 334
Item 23.
Tammy Karst-Riddoch, Ph.D.
Senior Aquatic Scientist/Limnologist and Paleolimnologist
Education
BSc (honours), Biology, Laurentian
University, 1994
MSc, Aquatic Ecology and
Paleolimnology, Queen's University,
1997
PhD, Aquatic Ecology and
Paleolimnology, Queen's University,
2004
Years of Experience
With AECOM: 8
With Other Firms: 12
Professional Affiliations
North American Lake
Management Society
(NALMS)
Professional History
07/2017 - Present, AECOM Senior
Aquatic Scientist/Limnologist
01/2010 - 06/2017, Hutchinson
Environmental Sciences Ltd. Senior
Aquatic Scientist, Manager, Director
07/2006 - 01/2010, AECOM Senior
Aquatic Scientist
06/2005 - 04/2006, Ontario Ministry of the
Environment and University of Toronto
Postdoctoral Research Fellow
06/2001 - 05/2005, University of Waterloo
Postdoctoral Research Fellow
Training and Certifications
AECOM Certified Project
Manager (2019)
Low Impact Development
Treatment Train Tool Workshop
(2017)
Project Management Institute
(PMI) Training (2015)
Lake and Pond Phosphorus
Inactivation and Interception
Workshop (NALMS, 2013)
Summary
Dr. Tammy Karst-Riddoch is an accomplished senior aquatic scientist, bringing more than 25 years of research and consulting
experience to the AECOM team. She manages, leads and advises on complex surface water and watershed management
projects for government, industry, and private stakeholders across North America.
Tammy specializes in the use of physical, biological, chemical and geochemical information to assess the responses of aquatic
systems to natural (e.g., climate change and variability, hydrological changes, vegetation dynamics, fire, etc.) and human
disturbances (e.g., effluent discharge, mining, land-clearance, agriculture, watershed development, river regulation, flooding,
etc.). She has expert knowledge of approaches to improve the health of natural and built aquatic systems, including in-lake
technologies, best management practices, and low impact development to control sources of nutrients and solids. She has used
this knowledge to develop mitigation and management plans that address site-specific issues while considering social, political,
and economic concerns. Tammy is a technical lead for the development and application of AECOM’s innovative algae
harvesting technology for nutrient reduction and the mitigation of harmful algal blooms.
Tammy is well respected in the scientific community; she has published 14 papers on limnology, hydrology, and ecology of lakes
and wetlands, and has acted as a peer reviewer of original research (Journal of Lake and Reservoir Management, Journal of
Paleolimnology).
Tammy’s key skills and areas of expertise are: surface water and watershed management; limnology and paleolimnology; algal
bloom dynamics, aquatic plant and nutrient management; scientific synthesis, peer review, and expert testimony; advanced
statistical analysis; effluent receiving water and assimilative capacity assessment; and aquatic monitoring program design and
implementation.
Project Experience
West Columbia, City of, Drinking Water Source Quality Assessment, West Columbia, South Carolina, US. Technical lead
investigating sources of taste and odour events due to Geosmin and 2-methylisoborneal in Lake Murray to inform source water
protection planning and treatment plant upgrade needs. [2019-ongoing]
West Kelowna, City of, Roseville Reservoir Water Quality Assessment and Management Recommendations, British
Columbia. Technical Lead for the assessment of water quality and factors promoting cyanobacteria blooms in a large drinking
water reservoir. Evaluating existing management strategies including dam operations, algaecide applications and aeration on
water quality, with the goal to enhance management for improved water quality at the drinking wate r intake. [2019-ongoing]
Irvine Ranch Water District, Reservoir Water Quality Management System Design, Orange County, CA. Technical Lead
for the assessment of source water quality and evaluation of oxygenation and aeration technologies in support of the Syphon
Reservoir Improvement Project. [2021]
Peel, Region of, Lorne Park Water Treatment Plant Review of Algae and Water Quality Monitoring Technology , Ontario.
Technical Lead for the assessment of source water quality and the evaluation of innovative technologies to monitor changes in
raw water quality sourced from Lake Ontario related to algae blooms that have caused damages to the traveling screens and
plant water production interruptions. Providing oversight of the installation of the monitoring equipment and data analysis.
[2020-ongoing]
EXHIBIT A TO RESOLUTION 2024-011
Page 335
Item 23.
Northwest Florida Water Management District NWFWMD), Intact Cellular Algae Harvesting with Simultaneous Nutrient
Export Demonstration Project, Lake Munson, FL. Technical lead on NWFWMD’s demonstration research project that will
use of a 1 MGD Hydronucleation Flotation Technology (HFT) as a sustainable and environmentally safe lake management
solution to address eutrophication and HABs in Lake Munson, Leon County, FL. Responsible for senior technical input including
for the preparation of the Quality Assurance Protection Plan, design of water quality monitoring and modeling programs,
monitoring and evaluation of HFT, and development of a long-term HFS treatment plan to mitigate HABs in Lake Munson and
alleviate nutrient enrichment concerns downstream of the lake in Munson Slough and the Floridan Aquifer . [2021-ongoing]
US Army Corps of Engineers (USACE), HABITATS Phase 2, Lake Chautauqua, NY and Saddle Creek, FL. Technical lead
for the award winning Harmful Algal Bloom Interception, Treatment and Transformation System (HABITATS) research program,
providing input to program design and responsible for performance data co llection and analysis, AECOM project reporting, and
technical review of the USACE ERDC report. The success of HABITATS was recognized by USACE, which received the 2020
USACE Innovation of the Year Award and the 2020 National Environmental Business Journal Award. [2019-2021]
Various clients, Drinking Water Source Protection (DWSP) Technical Studies. Completed surface water studies (intake
characterization, vulnerability and threats assessments) in support of the provincial DWSP initiative for municipal intakes in
North Bay, Callander and South River and peer reviewed studies for surface water intakes in Sydenham and the Trent Source
Protection Area. Developed and completed pilot technical studies for the District of Muskoka and Town of Cobden.
City of Markham, Swan Lake Chemical Treatment to Reduce Nutrients and Control Cyanobacteria Blooms, Markham,
ON. Developed a chemical treatment plan for the application of polyaluminum chloride in Swan Lake to strip phosphorus from
the water column and inactivate sediment phosphorus. Provided field oversight during the application. Initial results of the
treatment showed significant decreases in lake water total phosphorus concentration and improvements in water clarity, without
evidence of harmful side effects of the product. [2021]
New York State Department of Environmental Conservation and Office of General Services, NY, Lake Agawam
Cyanobacteria and Microcystin Removal Demonstration. Technical lead for overseeing monitoring activities, evaluating
efficiencies and reporting on novel algae harvesting treatment technology (dissolved air flotation and ozonation) to remove
cyanobacteria and associated toxins and nutrients from Lake Agawam. The treatment achieved greater than 95% removal of
algae and reduced microcystin concentrations in effluent to below the US EPA drinking water standard. [2019-2021]
Town of Richmond Hill, Lake Wilcox Management Plan Update, Richmond Hill, Ontario. Technical Lead for a
comprehensive management plan to address impacts of urbanization on water quality, cyanobacteria blooms and aquatic
habitat in a large kettle lake on the Oak Ridges Moraine. Project work included detailed limnological assessment (water quali ty,
aquatic biota, internal phosphorus loading), and modeling of phosphorus and chloride loading and lake response to those loads.
Effective and feasible management options were recommended to address existing and emerging concerns identified from the
study, and in consideration of socioeconomic and planning constraints . [2017-2019]
City of Hamilton, Bayfront Beach Water Quality Investigation and Implementation Strategy, Hamilton, Ontario. Senior
Aquatic Scientist. Evaluated the effectiveness of measures implemented to reduce bacteria contamination (source controls) and
elevated cyanobacteria toxins (ultrasound technology) that have caused an increasing number of closures of two beaches in
Hamilton Harbour. Project work included assessment of bird population and scat counts, water quality, algal community
composition and biomass, zooplankton vitality and fish presence at control and impact sites. [2017-2018]
Various Clients, Lake Water Quality Modeling Technical lead on Lakeshore Capacity phosphorus modeling projects for
numerous lakes in central and northern Ontario including regional studies for the City of Elliot Lake, the Township of Seguin ,
City of Greater Sudbury and District of Muskoka. Studies included the determination of phosphorus and water loads to the lakes
and modeling to predict phosphorus concentrations that consider in -lake dynamics of phosphorus settling and internal loading
from lake sediments. Management recomm endations were developed to include technical and planning approaches.
Lake of Bays Water Quality Monitoring Program, Lake of Bays, Ontario. From 2006 to 2016, provided technical guidance
and oversight for the Lake of Bays Association water quality monitoring program. Revised the program over the years to
maximize resources and address emerging water quality concerns. Completed annual reports to document existing conditions,
assess trends in phosphorus and E.coli, and evaluated mechanisms influencing those trends.
Seguin Township Water Quality Monitoring Program, Seguin, Ontario. Developed a comprehensive water quality
monitoring program for spring overturn total phosphorus, and end-of-summer dissolved oxygen, temperature and total
phosphorus in more than 60 area lakes. Conducted annual reviews and summaries of monitoring results and provided support
to the Town’s field staff from 2008 to 2017. [Prior to AECOM]
EXHIBIT A TO RESOLUTION 2024-011
Page 336
Item 23.
Peer Reviewed Publications
Branaavan, S., A.M. Paterson, K.M. Rühland, D. Köster, T.L. Karst-Riddoch and J.P. Smol, 2018: Diatom responses to 20th
century shoreline development and climate warming in three embayments of Georgian Bay, Lake Huron. Journal of Great
Lakes Research, 44: 1339-1350.
Faulkenham, S.E., R.I. Hall, P.J. Dillon and T.L. Karst-Riddoch, 2003: Effects of drought-induced acidification on diatom
communities in Ontario lakes. Limnology and Oceanography 48:1662 -1673.
Karst, T.L., and J.P. Smol, 1998: Tracking the cultural eutrophication history of Collins Lake (southeastern Ontario, Canada)
using paleolimnological techniques. Journal of Lake and Reservoir Management 14:456-465.
Karst, T.L., and J.P. Smol, 2000: Paleolimnological evidence of limnetic nutrient concentration equilibrium in a shallow,
macrophyte-dominated lake. Aquatic Sciences. 62:20-38.
Karst-Riddoch, T.L., M.F.J. Pisaric and J.P. Smol, 2005: Diatom responses to 20th century climate-related environmental
changes in high-elevation mountain lakes of the northern Canadian Cordillera. Journal of Paleolimnology 33: 265 -282.
Karst-Riddoch, T.L., M.F.J. Pisaric, D.K. Youngblut and J.P. Smol, 2005: Postglacial record of diatom assemblage changes
related to climate in an alpine lake from the northern Rocky Mountains, Canada. Canadian Journal of Botany 83: 968 -982.
Karst-Riddoch, T.L., H.J. Malmquist and J.P. Smol, 2009: Relationships between freshwater sedimentary diatoms and
environmental variables in Subarctic Icelandic lakes. Fundamental and Applied Limnology 175:1 -28.
McGowan, S., P.R. Leavitt, R.I. Hall, B.B. Wolfe, T.W.D. Edwards, T.L. Karst-Riddoch and S.R. Vardy, 2011: Interdecadal
declines in flood frequency increase primary production in lakes of a northern river delta. Global Change Biology 17:1212 -1224.
Pisaric, M.F.J., J.M. Szeicz, T.L. Karst and J.P. Smol, 2000: Comparison of pollen and stomate spectra as indicators of treeline
in montane and alpine lake sediments from northwestern Canada. Canadian Journal of Botany. 78:1180 -1186
Pisaric, M.F.J., C. Holt, J.M. Szeicz, T.L. Karst and J.P. Smol. 2003: Holocene treeline dynamics in the mountains of
northeastern British Columbia, Canada, inferred from fossil pollen and stomates. The Holocene. 13(2): 161 -173
Sinnatamby, R.N., Y. Yi, M.A. Sokal, K.P Clogg-Write, T. Asada, S.R. Vardy, T.L. Karst-Riddoch, W.M. Last, J.W. Johnston,
R.I. Hall, B.B. Wolfe and T.W.D. Edwards, 2010. Historical and paleolimnological evidence for expansion of Lake Athabasca
(Canada) during the Little Ice Age. Journal of Paleolimnology 43:705 -717.
Wolfe, B.B., T.L. Karst-Riddoch, S.R. Vardy, M. Falcone, R.I. Hall and T.W.D. Edwards, 2005: Impacts of climate and river
flooding on the hydro-ecology of a floodplain basin, Peace-Athabasca Delta, Canada since A.D. 1700. Quaternary Research 64:
147-162.
Wolfe, B.B., T.L. Karst-Riddoch, R.I. Hall, T.W.D. Edwards, B. English, R. Palmini, S. McGowan, P.R. Leavitt and S.R. Vardy,
2006: Classification of water balance and hydro-limnological relationships in northern floodplain basins (Peace-Athabasca Delta,
Canada) from analysis of stable isotopes (δ18O, δ2H) and water chemistry. Hydrological Processes. 21 (2) 151–168.
Wolfe, B.B., R.I. Hall, W.M. Last, T.W.D. Edwards, M.C. English, T.L. Karst-Riddoch, A. Paterson, R. Palmini, 2006:
Reconstruction of multi-century flood histories from oxbow lake sediments, Peace-Athabasca Delta, Canada. Hydrological
Processes 20:4131-4153.
White Papers
Page, M. B. MacAllister, M. Campobasso, A. Urban, C. Thomas, C. Cender, C. Arnett, C. White, E. Martinez-Guerra, A. Boyd, E.
Gao, A. Kennedy, T. Biber, K. Pokrzywinski, C. Grasso, B. Fernando, C. Veinotte, J. Riley, A. Gonzalez, J. Miller, K. Gunderson,
L.Schideman, Y. Zhang, B.K. Sharma, D. Levy, W. Colona, D. Pinelli, T. Karst-Riddoch, and W. Lovins, 2021: Optimizing the
Harmful Algal Bloom Interception, Treatment, and Transformation System (HABITATS). US Army Corps of Engineers, Engineer
Research and Development Center (ERDC). Technical Report TR-21-18. 227 pp.
Karst-Riddoch, T.L., D. Jackson, D. And S. Bhavsar, 2008: Changes in contaminant burdens in Niagara River sport fish
following remedial actions to reduce toxic loadings since 1986/87. University of Toronto and Ontario Ministry of Environment.
ISBN 978-1-4249-7674-4.
Clark, B. and T.L. Karst-Riddoch, 2011: Ontario: Surface Water Intakes. LakeLine, North American Lake Management
Society, 31:3 9-11.
EXHIBIT A TO RESOLUTION 2024-011
Page 337
Item 23.
Lorin Hatch, Ph.D.
Independent Technical Reviewer, Limnologist, Water Quality Specialist
Education
Doctor of Philosophy (PhD), Ecology,
University of California - Davis, 1997
Bachelor of Arts (BA), Biology,
University of Iowa, 1989
Master of Science (MSc), Ecology,
Iowa State University, 1992
Years of Experience
With AECOM: 1
With Other Firms: 30
Professional Affiliations
Minnesota Water Resources
Planning Committee
Professional History
07/2021 - Present, AECOM USACE
Program/Project Manager
03/2019 - 06/2021, Widseth Smith
Nolting water quality specialist
08/2017 - 08/2018, RMB Environmental
Laboratories Director of Operations
06/2015 - 02/2017, WSB Senior Scientist
08/2006 - 06/2015, HDR Engineering
Senior water quality specialist
Training and Certifications
Technology of Participation
Facilitation Training
National Environmental Policy
Act
Summary
Dr. Hatch has over 30 years of experience in water resources and ecosystem management in the academic, public, and private
sectors. He has worked on lakes, rivers, streams, watersheds, and estuaries on multiple spatial and temporal scales, ranging
from pristine to highly impacted ecosystems across the country. He has extensive experience in project and team management.
Dr. Hatch has served as an adjunct professor and student advisor at the University of Minnesota in both the Water Resources
Science and the Conservation Biology graduate programs. He has over 20 peer-reviewed publications. Trained as a limnologist
Lorin specializes in watershed management, monitoring program design, modeling, water chemistry, and algal response. Given
his emphasis on water chemistry he has worked in many sectors including drinking water, wastewater, water resources,
environmental, and hydropower.
Project Experience
Xcel Energy, Cabin Creek Hydro Relicensing Project, Clear Creek County, Colorado. Water Quality Expert. Assisted with
the development of a water quality monitoring plan to support the relicensing of a 324 MW pump storage facility, as well as
designed strategic sampling efforts to understand iron dynamics in the system. Task also involved assisting with a feasibilit y
study to mitigate excess iron in the system.
City of Gillette Wyoming, Fishing Lake TMDL, Gillette, WY. Water Quality Expert. Gillette Fishing Lake has been placed on
the WY DEQ 303 (d) List of Waterbodies with Water Quality Impairments (siltation and phosphorus). As part of the project team ,
Dr. Hatch assisted the City of Gillette, WY to complete the requirements to gain access to the grant money and provide baseline
environmental data so that implementation can be effective. The project involved stakeholder coordination, project management ,
water quality sampling, modeling and data analysis, completing the TMDL report, and on -going public involvement.
City of Cheyenne, Board of Public Works Manganese, Iron and Biological Study, Wyoming. Water Quality Expert.
Evaluated the sources of manganese and iron entering the Sherard Water Treatment Plant (WTP). A review of flow and water
quality data for the Sherard WTP supply indicated that the problem arose in the reservoir system and in the raw water pipe line.
Responsibilities involved developing multiple alternative solutions for avoiding colored water events and recommended
corrective actions in a staged approach to prevent future manganese events. The recommended actions included hypolimnetic
aeration of the terminal reservoir, additional oxidation of manganese, improvements to mixing and coagulation, and provision of
a sequesterant feed system.
Minnehaha Creek Watershed District, MCWD, Stubbs Bay Improvement Project/Classen Wetland Restoration, Hennepin
County, MN. Project Manager and Water Quality Expert. Dr. Hatch analyzed water quality issues in this eutrophic bay of
Lake Minnetonka and proposed wetland restoration and headwater lake controls to restore hydrology in the Classen Creek
subwatershed. Part of project utilized University of Minnesota students for their senior capstone project.
Minnehaha Creek Watershed District, Lake Water Quality Data Analysis, Hennepin County , MN. Water Quality Expert.
Dr. Hatch performed long-term trend analysis on multiple lake sites for several parameters and made recommendations to
streamline monitoring efforts on both a spatial and temporal basis. He also reviewed the client’s long-term water quality
monitoring program and provided feedback to improve the program.
PacifiCorps, Pilot Study of Algal Conditions Management within a Selected Reservoir Cove, CA. Water Quality Expert .
Dr. Hatch reviewed multiple mechanical alternatives to reduce the intensity of blue- green algal blooms in Iron Gate Reservoir
on the Klamath River, California. Alternatives included low- speed paddlewheels, impeller-aspirator systems, axial flow pumps,
pump and cascade systems, air- powered mixers, and sonicators.
EXHIBIT A TO RESOLUTION 2024-011
Page 338
Item 23.
USACE Kansas City District, Lake Contrary Restoration Project, St. Joseph, MO. Water Quality Expert. A Planning
Design and Analysis Report (PDA) for the Section 514 Missouri and Mississippi River Enhancement Project at St. Joseph,
Missouri was prepared. The project was a continuation of activities to analyze six alternatives to restore Lake Contrary, an
oxbow lake that became hypereutrophic due in part to sedimentation. Dr. Hatch used the SCS method to calculate water
budgets, and the RUSLE method to calculate sediment loads.
Private Client, Swan Lake Pumped Storage Project, OR. Water Quality Expert. Researched and prepared a water quality
feasibility report for a proposed pumped lake storage project in southern Oregon. Dr. Hatch examined the potential impacts of
temperature and chemical constituents on future water quality conditions and possible algal issues.
Water Environment Federation, Management of Disruptive Aquatic Species in Pacific Northwest Drinking Water
Supplies, WA. Senior Algal Ecologist and Water Quality Expert. Analyzed water quality and algal monitoring data to
determine cause-and-effect relationships as well as invasive algal species niche analysis for the two largest water suppliers in
Washington State. The study addressed drinking water quality and treatment issues related to alien or indigenous plankton
species in source waters of the Coastal Pacific Northwest region, focused on understanding what drives the product ion of
problem species, developed monitoring strategies and tools to help utilities predict occurrence in source waters, and provide d
practical guidelines for managing the impacts of problem species on drinking water supplies.
Vadnais Lake Area Water Management Org, Water Quality Modeling of the VLAWMO Watershed, St. Paul, MN. QA/QC
Reviewer and Modeler. Developed a BATHTUB water quality model for lakes in the watershed. This model was used to set
individual lake water quality goals and guide management activ ities in the watershed.
Stearns County Environmental Services, Pelican Lake of St. Anna Clean Water Partnership Phase I Diagnostic Study,
Stearns County, MN. Project Manager and Water Quality Expert. Assisted with writing project reports, modeling, and
providing technical advice to Pelican Lake Association for the CWP grant to m onitor the lake and stream water quality for two
years.
Riley Purgatory Bluff Creek Watershed District, Aquatic Invasive Species Management Plan, Chanhassen, MN. Project
Manager and Water Quality Expert. Reviewed aquatic invasive species (AIS) concerns in the District, determined vectors and
pathways for those organisms, developed an AIS prevention matrix, recommended implementation plan alternatives and
associated costs, and wrote the final plan.
City of San Francisco, Lake Merced Harmful Algal Bloom Monitoring, San Francisco, CA. Limnologist and Water
Quality Expert. Dr. Hatch conducted a field visit with City staff and is guiding analysis of available water quality data to provide
the client with monitoring guidance for this backup non-potable water supply for the City.
City of Watertown, Phosphorus Removal Facility Project, Watertown, SD. Senior Algal Ecologist. Provided technical
support for the modification of a functional, but recently decommissioned water treatment facility (1.5 MG D capacity), along the
shores of highly-eutrophic Lake Kampeska to grow algae year-round to remove phosphorus from the lake water. The algae were
harvested and the lower-phosphorus water returned to the lake to reduce the overall P content in the lake over time.
Water Environment Research Foundation, Nutrient Regulatory Issues: Nutrient Effluent Discharge Permitting
Guidelines. Water Quality Expert. Assisted with the development of a report that reviewed how nutrients are addresse d in
NPDES discharger permits. Case studies were analyzed, and emphasis was placed on watershed permitting, water quality
trading programs, and nutrient offsets.
Chisago Lakes Lake Improvement District, Basin-Wide SWAT Model, Chisago County, Minnesota. Ecologist. Developed
a preliminary SWAT model targeted to the Chisago Chain of Lakes. The SWAT models used to simulate the movement of
sediment and phosphorus through the Chisago Chain of Lakes system. The model builds upon the body of knowledge
developed in previous studies such as the Storm Water Management Model and the BATHTUB modeling projects
California Department of Water Resources, Bay Delta Conservation Plan, Sacramento, California. Water Quality Expert.
Assessed current water quality conditions for the EIR/EIS and the impacts of selected management strategies to support the
Bay Delta Conservation Plan which examines strategies to deliver high-quality water to central and southern California, while at
the same time addressing environmental issues pertaining to fisheries in the Sacramento -San Joaquin Delta. Parameters
assessed included sediments, nutrients, heavy metals, pesticides, PAHs, and emerging contaminants.
Texas Water Development Board, Nueces Watershed Pre- and Post-Development Nutrient Budgets, Texas. Water
Quality Expert. Evaluated pre-development and current conditions nutrient budgets, quantified differences between these
budgets, assessed potential causes of these differences (e.g., reservoir operations, frequent and extended drought p eriods,
etc.), and facilitated consideration of metrics for identification of the desired future condition for estuarine productivity . Once any
potential nutrient imbalances were identified through the nutrient budgeting process, cost -effective strategies to address such
imbalances were developed. Responsibilities also involved assisting with data management and analysis.
EXHIBIT A TO RESOLUTION 2024-011
Page 339
Item 23.
Prepared:JC / TKR Date:11-Oct-23
Reviewed CK Date:12-Oct-23
Approved KS Date:13-Oct-23
TOTAL LABOR EXPENSE TOTAL
Project
Manager
Project
Engineer
Project
Controller /
Tech Editing
Senior
Limnologist
Mid-level
Limnologist
Independent
Technical
Review
(Limnology)
Independent
Technical
Review
(Engineering)
Aeration
System SME
Reviewer
Senior
Electrical
Engineer
Electrical
Engineer
Structural
Engineer
Structural
Drafting
Process
Mechanical
Design
(Aeration)
CAD Designer Cost
Estimator
Senior
Engineering
Geologist
Tower
Structural
Project
Engineer
Independent
Technical
Reviewer
Gates Expert
HOURS COST COST COST
N. Walker J. Crouch Project
Controller
T. Karst-
Riddoch B. Winston L. Hatch
V. Adams, R.
Hawthorne,
B. Skolozdra
Aeration
System SME C. Adams Q. Harlen S. Pauls G. Hesseltine S. Weber R. Carpio R. Watts Sr. Geologist M. Simon S. Warren ITR L. Gerbig
$279 $161 $186 $173 $134 $232 $264 $311 $279 $122 $186 $130 $216 $216 $216 $279 $279 $147 $338 $413
PHASE 1
Task 1: Project Management 62 48 32 28 0 0 0 0 0 0 0 0 0 0 0 2 14 6 0 0 192 $41,168 $2,136 $43,304
Site Visits 12 24 24 12 72 $14,712 $2,136 $16,848
H&S Plan 6 6 $1,116 -$1,116
Kick-Off Meeting (Phase 1 and 2)20 4 24 $6,224 -$6,224
Progress Meetings 20 20 4 2 2 6 54 $11,490 -$11,490
Project Set-Up 6 6 $1,116 -$1,116
Prepare Invoices 10 20 30 $6,510 -$6,510
Task 2: Water Quality Review and Analysis 8 12 4 44 60 10 6 144 $24,746 $0 $24,746
Task 3: Feasibility Design for Oxygenation and Aeration Systems 24 78 6 18 0 2 14 12 44 40 38 30 28 52 0 0 0 0 0 0 386 $76,780 $0 $76,780
Oxygenation and Aeration System Options Analysis 20 72 16 2 12 122 $24,136 -$24,136
Prepare 15% BODR 4 4 6 2 4 40 8 16 84 $20,382 -$20,382
Prepare 15% Design Drawings (Includes: Draft, comment responses, and Final)2 4 40 30 30 12 52 170 $29,622 -$29,622
QAQC 10 10 $2,640 -$2,640
Task 4: Feasibility Design and Engineering of Multi-Level Outlet Tower 39 76 45 8 0 0 0 4 36 54 0 0 75 80 30 64 151 158 22 55 897 $204,069 $0 $204,069
Task 4A Data Review and Development of Study Approach 2 72 4 8 12 0 0 10 16 16 4 8 152 $31,096 -$31,096
Task 4B Civil and Structural Analysis for Alternatives 32 2 30 8 4 0 0 4 80 30 24 100 100 18 17 449 $104,483 -$104,483
Task 4C Mechanical and Electrical Analysis for Alternatives 5 2 15 32 46 59 0 0 30 35 42 0 30 296 $68,490 -$68,490
Task 5: Evaluation and Cost Estimating of Water Quality Mitigation Options 9 58 12 2 8 2 0 0 2 6 4 2 4 0 16 0 6 18 2 1 152 $27,986 $0 $27,986
Evaluation of options 8 56 12 2 8 86 $14,898 -$14,898
Prepare Cost Estimate (Task 5)1 2 2 2 6 4 2 4 16 0 6 18 2 1 66 $13,088 -$13,088
Task 6: Water Quality Mitigation Plan Recommendations and Reporting 4 12 10 2 4 4 4 4 4 4 4 4 2 2 64 $13,764 $0 $13,764
PHASE 1 Subtotal 146 284 109 102 72 18 14 22 86 100 46 32 111 132 46 70 175 186 26 58 1835 388,513$ 2,136$ 390,649$
PHASE 2
Task 7: Outlet Gates 60% Design 28 104 32 10 0 0 0 0 24 40 0 0 0 164 24 31 80 274 9 10 830 $162,841 $0 $162,841
60% Design Drawings 24 100 8 40 164 18 48 124 4 6 536 $105,804 -$105,804
Draft Technical Specifications 16 8 2 8 30 2 4 70 $14,736 -$14,736
Basis of Design Report 8 10 6 45 2 71 $13,987 -$13,987
Cost Estimate 24 1 4 34 1 64 $11,915 -$11,915
Draft Submittal 10 6 2 7 25 $4,485 -$4,485
Final Submittal 4 4 6 4 12 34 64 $11,914 -$11,914
PROJECT Total 174 388 141 112 72 18 14 22 110 140 46 32 111 296 70 101 255 460 35 68 2665 $551,354 $2,136 $553,490
HWSP Water Quality Mitigation Plan, Milton Seaman Reservoir
City of Greeley
10/13/2023
Fee Estimate
LABOR HOURS BY CLASSIFICATION
Task/Scope
EXHIBIT A TO RESOLUTION 2024-011
Page 340
Item 23.
FEE SCHEDULE
PERSONNEL CHARGES
The charge for all time required in performing the Scope of
Services, including office, field, and travel time, will be at
the Unit Price Hourly Rates set forth below for the labor
classifications indicated.
Labor Classification Hourly Rate
Assistant/Support Staff 1 51
Assistant/Support Staff 2 65
Assistant/Support Staff 3 78
Assistant/Support Staff 4 90
Assistant/Support Staff 5 103
Assistant/Support Staff 6 118
Assistant/Support Staff 7 130
Assistant/Support Staff 8 143
Assistant/Support Staff 9 156
Assistant/Support Staff 10 169
Staff 1 95
Staff 2 109
Staff 3 122
Staff 4 134
Staff 5 147
Project 1 161
Project 2 173
Project 3 186
Project 4 200
Project 5 216
Consultant 1 232
Consultant 2 248
Consultant 3 264
Consultant 4 279
Consultant 5 295
Principal 1 311
Principal 2 338
Principal 3 364
Principal 4 389
Principal 5 413
Charges for temporary personnel under Company supervision and
using Company facilities will be invoiced according to the hourly
rate corresponding to their classification.
OTHER PROJECT CHARGES
Subcontracts
The cost of services subcontracted by the Company to others will
be charged at cost plus 5%.
Travel and Other Direct Costs
The cost of travel (airfares, lodging, meals, rental vehicles,
parking fees, baggage handling cost, etc.) or other direct costs
(field supplies, report binding supplies, leased or rented field
equipment, etc.) will be charged at cost. A per diem may be used
for lodging and meals.
Document Reproduction
In-house labor for document reproduction will be charged
directly to projects.
Vehicles and Mileage
Company owned or leased field vehicles (cars, pickups, vans,
trucks, etc.) used on project assignments will be charged at
the current mileage rate established by the Internal Revenue
Service. The mileage charge for personal autos will be the
current mileage rate established by the Internal Revenue Service.
This fee schedule contains AECOM confidential business information. Do not disclose, copy, or distribute without written permission from AECOM.
EXHIBIT A TO RESOLUTION 2024-011
Page 341
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Paul Sizemore, Director, Community Development & Neighborhood Services
SUBJECT
Resolution 2024-012 Adopting Findings of Fact in Support of the City Council’s Decision on Appeal
to Uphold the Planning and Zoning Commission Approval of the Polestar Village Project
Development Plan PDP220010.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions regarding Council’s decision at the
February 6, 2024, appeal hearing upholding the Planning and Zoning Commission’s decision to approve
the Polestar Village Project Development Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On November 16, 2023, the Planning and Zoning Commission (“Commission”) approved the Polestar
Village Project Development Plan PDP220010. On December 1, 2023, Charles Thompson and other
parties-in-interest (“Appellants”) filed a Notice of Appeal alleging that:
The Commission failed to conduct a fair hearing because the Commission 1) considered evidence
relevant to its findings, which was substantially false or grossly misleading; and 2) was biased
against the Appellants by reasons of a conflict of interest or other close business, personal or
social relationship that interfered with a member’s independence of judgement; and
The Commission improperly failed to properly interpret and apply Land Use Code Sections
3.6.2(A), 3.6.2(I), 4.4(B), 4.4(C), and 4.5(A).
On February 6, 2024, Council considered the appeal allegations and testimony from the Appellants, parties-
in-interest opposed to the appeal including the applicant for the Polestar Village PDP, and Cit y staff. City
Council unanimously voted to dismiss the failure to interpret and apply because the Notice of Appeal did
not comply with City Code Section 2-49(b)(4) and did not provide sufficient notice to any party opposed to
the appeal to allow such party to sufficiently understand and prepare to address such allegations. City
Council further determined that the Commission conducted a fair hearing because the Appellants did not
establish with competent evidence from the record that any of the fair hearing issues had merit, dismissed
the Appellants’ fair hearing allegations, and upheld the Planning and Zoning Commission’s approval of the
Project Development Plan on a 5-1 vote.
Page 342
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 343
Item 24.
-1-
RESOLUTION 2024-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY
COUNCIL’S DECISION ON APPEAL TO UPHOLD THE PLANNING AND
ZONING COMMISSION APPROVAL OF THE POLESTAR VILLAGE
PROJECT DEVELOPMENT PLAN PDP220010
A. On November 17, 2023, the Planning and Zoning Commission (“P&Z”)
approved the Polestar Village Project Development Plan PDP220010.
B. On December 1, 2023, Charles Thompson and other parties-in-interest (the
“Appellants”) filed a notice of appeal (“Appeal”) with the City alleging that P&Z failed to
conduct a fair hearing because:
(1) P&Z considered evidence relevant to its findings that was
substantially false or grossly misleading; P&Z improperly failed to receive
all relevant evidence offered by the appellant; and
(2) P&Z was biased against the appellant by reason of a conflict of
interest or other close business, personal or social relationship that
interfered with the decision maker’s independence of judgment.
C. The Appeal also alleged that P&Z failed to properly interpret and apply the
following Land Use Code Sections: 3.6.2(A), 3.6.2(I), 4.4(B), 4.4(C), and 4.5(A).
D. On December 8, 2023, the Appellants filed with the City a document
containing new evidence related to the fair hearing allegations raised in the Notice.
E. On January 29, 2024, the Polestar Village applicant , a party-in-interest
opposed to the appeal, (parties-in-interest opposed to the Appeal are collectively referred
to as the “Appellees”) filed with the City a written response to the allegations raised in the
Appeal.
F. On February 6, 2024, the City Council, after giving notice in accordance
with City Code Section 2-52, held a public hearing (“Hearing”) pursuant to City Code
Section 2-54 to consider the allegations raised in the Notice.
G. At the Hearing, and prior to receiving testimony from the Appellants and
Appellees regarding the merits of the Appeal allegations, City Council decided the
following preliminary matters:
(1) Council denied the Appellees’ objection to the emails contained in
the Appellants’ December 8, 2023, filing.
(2) Council sustained the Appellees’ objection to the failure to interpret
and apply the Land Use Code Appeal allegations and dismissed all of the
Page 344
Item 24.
-2-
failure to properly interpret and apply allegations contained in the Appeal.
In dismissing those allegations, Council found that:
a. City Code Section 2-49(b)(4) requires that every notice of
appeal shall include the grounds for the appeal including specific
allegations of error and a summary of the facts contained in the
record on appeal which support such allegations.
b. The allegations that the Planning and Zoning Commission
failed to properly interpret and apply the Land Use Code set forth in
the Appellant’s Notice of Appeal listed only the numbers o f certain
Land Use Code sections without providing any specific allegations of
error or a summary of facts contained in the record supporting such
allegations.
c. The information provided did not comply with City Code
Section 2-49(b)(4) and did not provide sufficient notice to any party
opposed to the appeal to allow such party to sufficiently prepare to
address such allegations at this February 6, 2024, appeal hearing.
d. Dismissal of the failure to properly interpret and apply
allegations is required as a matter of fairness to any party opposed
to the appeal and to comply with the City’s adopted appeal
procedure.
(3) Council admitted into the Hearing record for Council consideration
the December 8, 2023, Appellants’ filing and the January 29, 2024,
Appellees’ filing.
H. In determining the Appeal fair hearing allegations a t the Hearing, the City
Council considered the record on appeal; testimony from City staff; statements and
arguments by the Appellants in support of the appeal; and statements made by the
Appellees in opposition to the notices of appeal.
I. City Council determined that P&Z conducted a fair hearing when it approved
the Polestar Village PDP finding that the Appellants did not establish with competent
evidence in the record that any of the fair hearing issues have merit and, therefore,
Council dismissed the Appeal fair hearing allegations.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The allegations set forth in the Appeal that P&Z failed to properly
interpret and apply the Land Use Code are dismissed because the Appeal did not comply
with City Code Section 2-49(b)(4), did not provide sufficient notice to any party opposed
Page 345
Item 24.
-3-
to the appeal to allow such party to sufficiently prepare to address such allegations at the
Hearing, and dismissal is required as a matter of fairness to the Appellees.
Section 2. The allegations set forth in the Appeal that P&Z failed to conduct a
fair hearing are dismissed because the Appellants did not establish with competent
evidence in the record that any of the fair hearing issues have merit .
Passed and adopted on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: February 20, 2024
Approving Attorney: Brad Yatabe
Page 346
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Park Planning and Development to Fund Pickleball Site Feasibility and
Community Engagement.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on February 6, 2024, by a vote of 5-1 (Nays: Councilmember
Francis; Absent: Councilmember Pignataro) is to request an appropriation of $40,000 in philanthropic
revenue received by City Give for Park Planning & Development, for site feasibility and community
engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a transparent, non-
partisan governance structure for accepting and appropriating charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Fort Collins Pickleball Club awarded $40,000 to the Park Planning & Development department (PPD)
for the designated purpose to fund an initial public engagement process to determine site feasibility for a
future City-owned pickleball complex.
The City recognizes the long and valuable tradition of community-led collaboration. Successful community
partnerships are vehicles for delivering practical solutions to community issues and have played a critical
role in the success of community livability. Philanthropic partnerships facilitated by City Give include The
Hand That Feeds, Veterans Plaza of NoCo, a refresh of Eastside Park, 9-11 Memorial at Spring Park, and
more, all a diverse range of community-driven amenities.
A Gift Agreement, per the City Manager’s Administrative policy for gifts of $25,000 or more, governs this
charitable award which outlines the City’s commitment, including:
● The development and distribution of engagement mailers and a pickleball survey; the hosting of up to
three (3) community meetings and up to three (3) focus group meetings; and the development of
conceptual designs for up to two pickleball locations with support of an engineering consultant.
Page 347
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ReCreate, the 2021 Parks and Recreation masterplan, identified the need for additional pickleball courts.
Community Parks provide ideal accessibility and offer central locations for residents of all ages and
abilities. They cater to active recreation, foster social connections, and serve as hubs for social interaction.
These parks are often equipped with the necessary infrastructure, making them prime locations to support
and house a complex efficiently.
Previous pickleball feasibility conducted by PPD explored the viability of the City’s Community Parks and
assessed neighborhood setback for noise reduction, parking capacity, existing restroom facilities, floodway
impacts, service gaps, separation from tennis, public transportation, and trail connectivity.
The investment of the Fort Collins Pickleball Club will build on PPD’s feasibility assessment of pickleball
facilities within Community Parks and meaningfully inform the development of future park amenities.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate $40,000 in philanthropic revenue for expenditure in the
General Fund by Park Planning & Development. 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 General Fund and will not cause the total amount appropriated in the General
Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received
in the General Fund during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First reading attachments not included.
1. Ordinance for Consideration
Page 348
Item 25.
-1-
ORDINANCE NO. 015, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR PARK PLANNING AND
DEVELOPMENT TO FUND PICKLEBALL SITE FEASIBILITY
AND COMMUNITY ENGAGEMENT
A. The City recognizes the long and valuable tradition of community-led
collaboration as a way to deliver practical solutions to community issues and to improve
community livability, including Parks facilities.
B. The City received a charitable gift of $40,000 from the Fort Collins Pickleball
Club to study the feasibility of a site for a future City-owned pickleball complex and
undertake related community engagement, as further detailed in a Gift Agreement
between the City and the Fort Collins Pickleball Club.
C. This appropriation benefits public health, safety and welfare of the residents
of Fort Collins and serves the public purpose of allowing the City’s Park Planning and
Development department to conduct community engagement and study site feasibility for
the potential pickleball complex.
D. 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.
E. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
General Fund the sum of FORTY THOUSAND DOLLARS ($40,000) to be expended in
the General Fund for Pickleball Feasibility and Community Engagement.
Page 349
Item 25.
-2-
Introduced, considered favorably on first reading on February 6, 2024, and
approved on second reading for final passage on February 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 1, 2024
Approving Attorney: Ryan Malarky
Page 350
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
February 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
Jason Graham, Water Utilities Director
Ken Sampley, Stormwater Engineer/Development Review Director
SUBJECT
First Reading of Ordinance No. 037, 2024, Authorizing the Conveyance to N College 1311, LLC, of
a Portion of the City Property Designated as the Future Hickory Detention Pond in Exchange for
Adjoining Property and Other Valuable Consideration.
EXECUTIVE SUMMARY
The purpose of this item is to approve an Ordinance that would permit the conveyance of approximately
1.31 acres (57,064 sf) of City property (the “Conveyed Parcel”) to N College 1311, LLC, (“Owner”), as well
as a possible temporary construction easement or license to enter, and acceptance of Natural Habitat
Buffer Zone on City property, in exchange for approximately 2.43 acres (105,723 sf) of Owner’s adjoining
property (the “Received Parcel”) and other valuable consideration.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading
BACKGROUND / DISCUSSION
Hickory Detention Pond
The Conveyed Parcel was purchased by the City on July 30, 2010, from Amada, LLC, as part of a 7.53
acre tract of land (the “City Property”) on Hickory Street intended to be used as a future regional stormwater
detention pond (the “Hickory Detention Pond”). The Hickory Detention Pond will provide stormwater runoff
detention, water quality treatment, and a stormwater outfall for new and existing developments in the North
College Area of the Dry Creek Basin. The future construction of Hickory Detention Pond will also provide
flood protection to southern portions of the Dry Creek Basin. The North College Urban Renewal Authority
identified the Hickory Detention Pond project as a top priority for investment in the area.
As a result of this proposed transaction (the “Subject Exchange”), the City will gain an additional net 1.12
acres (48,659 sf) (the “Additional Acreage”) to be used for the future construction and operation of Hickory
Detention Pond (the “Larger Pond Site”). The City will also obtain the additional benefits discussed below.
Page 351
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The Shelter Project
The Received Parcel was purchased by the Owner on May 6, 2019, as part of a 5.21 acre tract of land (the
“Owner Property”) intended to be used by the Fort Collins Rescue Mission (“FCRM”) for future development
of a supportive shelter project for those experiencing homelessness (the “Shelter Project”). FCRM has
submitted plans to the City for the Shelter Project, which is currently in the development review process.
The Owner has proposed the Subject Exchange as a mutually beneficial transact ion: while site analysis
shows the Shelter Project can be built on the Owner Property without use of the City Property, the Subject
Exchange would benefit both the Shelter Project and the development of the Hickory Detention Pond by
optimizing the configuration of both Properties for their proposed uses. The Hickory Detention Pond would
benefit from more efficient capture of stormwater draining from the north, and the new alignment of the City
Property would allow for an existing tree grove to be incorporated into the Pond. If the Subject Exchange
does not happen, the City will need to acquire and maintain an easement across the Owner Property to
get stormwater from the north to the Hickory Detention Pond.
Land Valuation
The main issue to determine regarding the Subject Exchange is whether the City Stormwater Utility
ratepayers would be adequately compensated for the exchange of the Conveyed Parcel. To make this
determination, the City has relied primarily on an appraisal prepared by Jon Vaughan, MAI, SR/WA of
CBRE of Hickory Detention Pond using the Before and After methodology as it applies to the Subject
Exchange (the “Appraisal”).
Although the Additional Acreage will expand Hickory Detention Pond, the overall effect of the Subject
Exchange on the Larger Pond Site is a reduction in value. Primarily, the Subject Exchange includes the
transfer of approximately 86,734 square feet of additional Natural Habitat Buffer Zone (“NHBZ”) onto the
Larger Pond Site, which restricts many types of development on approximately 44% of the Larger Pond
Site.
Additionally, the Larger Pond Site will have an irregular shape and reduced frontage on Mason Street,
which further limit its value based on future development potential. The Appraisal concluded that the
Subject Exchange results in a loss of $250,000 in Fair Market Value to the City because the value of the
Larger Pond Site after the Subject Exchange is less than the value of the City Property before the Subject
Exchange.
Additional Consideration
The Subject Exchange includes related benefits that the City and Owner agree are in their respective best
interests and will compensate the Stormwater Utility for the reduction in value of the Larger Pond Site. This
additional consideration will be included in a Land Exchange Agreement for the Subject Exchange (the
“LEA”). The LEA will be finalized and executed prior to completing the exchange. Specifically, the parties
intend the LEA to include provisions for the Owner’s performance of excavation, clearing, grading, and
design of a portion of Hickory Detention Pond and NHBZ restoration on City Property in exchange for the
Owner’s use of fill materials from the City Property (the “Excavation Provisions”).
The Excavation Provisions will require the Owner to clear and grub approximately 8 acres of woody debris
and surface materials and then excavate approximately 29,000 cubic yards of soil on the Larger Pond Site.
This is a benefit to the City of approximately $620,000 towards the future construction of the final Hickory
Detention Pond. The Owner will also be responsible for the estimated cost of restoration on City Property
of approximately 2 Acres of NHBZ. The Owner will likely need a temporary construction easement or
license to enter from the City to complete the proposed work on the City Property.
Additionally, the Owner has completed engineering design of the preliminary grading of the Hickory
Detention Pond, the value of which has not been included in these numbers.
Page 352
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
It is important to note that while the irregular shape, loss of Mason Street Frontage and transfer NHBZ
areas to the City property have an adverse impact on fair market value, the changes do not significantly
impact the utility of the site as a stormwater detention pond.
Conclusion
City staff has concluded that the Subject Exchange is in the best interest of the Stormwater Utility
ratepayers because there will be Additional Acreage to be used for Hickory Detention Pond, and that plus
the financial benefits to the City as a result of the Excavation Provisions, and the other City benefits will
outweigh any loss in value to the Hickory Detention Pond property as a result of the Subject Exchange.
CITY FINANCIAL IMPACTS
Other than staff time and related expenses, the only additional cost to the City associated with the Subject
Exchange is a loss in land value of approximately $250,000, which is offset by four beneficial impacts:
1. The $620,000 cost savings to the City as a result of the Excavation Provisions, which is a net benefit
of $370,000;
2. The addition of 1.12 acres of land available for development as a stormwater pond;
3. NHBZ restoration of approximately 2 acres of land on the City Larger Pond Site; and
4. Detention Pond Design cost savings.
City staff recommends that the Subject Exchange not include any additional monetary consideration
because the City Utilities ratepayers will be adequately compensated as summarized above.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Water Commission will consider the Subject Exchange at its February 15, 2024, meeting and staff
anticipates the Commission will recommend its approval by Council.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
4. Exhibit C to Ordinance
5. Exhibit D to Ordinance
6. Exhibit E to Ordinance
7. Presentation
Page 353
Item 26.
-1-
ORDINANCE NO. 037, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO N COLLEGE 1311, LLC, OF A
PORTION OF THE CITY PROPERTY DESIGNATED AS THE FUTURE
HICKORY DETENTION POND IN EXCHANGE FOR ADJOINING
PROPERTY AND OTHER VALUABLE CONSIDERATION
A. The City owns a 7.53 acre tract of land on Hickory Street (the “City
Property”) purchased in 2010 as the site for a future regional stormwater detention pond
(the “Hickory Detention Pond”). The Hickory Detention Pond will collect stormwater
draining from existing properties to the north and west that do not currently have adequate
stormwater infrastructure and release it into 2,350 feet of new storm sewer along the
future North Mason Street right-of-way. N College 1311, LLC, (“Owner”) owns a tract of
land adjacent to the City Property (the “1311 P roperty”). The City Property and 1311
Property are shown on Exhibit “A”, attached and incorporated herein by reference.
B. The 1311 Property is the proposed site for the Fort Collins Rescue Mission’s
new 24/7 shelter for persons experiencing homelessness (the “Shelter Project.”).
C. The Owner has proposed exchanging a 2.43 acre portion of the 1311
Property for a 1.31 acre portion of the City Property. While this exchange is not essential
for either project, it would facilitate development of both the Shelter Project and the
Hickory Detention Pond by optimizing the configuration of both Properties for their
proposed uses.
D. The property that the City would convey to the Owner (the “Conveyed
Parcel”) and the property the Owner would convey to the City (the “Received Parcel”) are
both shown on Exhibit “B”, attached and incorporated herein by reference. The
configuration of the City Property and the 1311 Property after the proposed exchange are
shown on Exhibit “C”, attached and incorporated herein by reference. Surveyed legal
descriptions of both the Conveyed Parcel and the Received Parcel would be created
before the parties close on the exchange of the Parcels.
E. Portions of both the City Property and the 1311 Property are within 500 feet
of an area or feature identified as a natural habitat or feature pursuant to Division 3.4 of
the City’s Land Use Code (a “Natural Habitat Buffer Zone” or “NHBZ”). A NHBZ limits
development but can be reduced in one area and expanded in another. Therefore, the
Owner is asking the City to agree to accept more of the NHBZ on the City Property to
increase the developable area on the 1311 Property. City staff does not object to this
proposal, as the NHBZ should not limit the City’s ability to construct the Hickory Detention
Pond.
F. The current locations of the NHBZ on both Properties is shown on Exhibit
“D”, and the location of the NHBZ on the City Property after the proposed property
exchange and relocation of the NHBZ is shown on Exhibit “E”, both attached and
incorporated herein by reference.
Page 354
Item 26.
-2-
G. Section 23-111(a) of the City Code 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 other disposition is in the
best interests of the City; and, with respect to real property which is a part of the City's
water or utility systems, the City Council must also find that the disposition will not
materially impair the viability of the particular utility system as a whole and that it will be
for the benefit of the citizens of the City.
H. In addition, Section 23-114 of the City Code requires that any sale or other
conveyance of property interests app roved under section 23-111(a) be for an amount
equal to or greater than the fair market value of such interest.
I. City staff has determined through an outside appraisal prepared using the
“before and after” methodology that the City Property is currently work approximately
$1.57 million. But even though the Received Parcel is larger than the Conveyed Parcel,
after the proposed exchange the fair market value of the City Property would be
approximately $250,000 less than it is now, primarily because the exchange would
include the transfer of additional Natural Habitat Buffer Zone onto the City Property,
limiting its potential for development and therefore reducing its value.
J. The Owner has agreed, however, as additional consideration for the land
exchange, to be responsible for the design, excavation, clearing, and grading of a portion
of the Hickory Detention Pond and restoration of the NHBZ on the City Property as part
of the work on the Shelter Project. The Owner will be able to use dirt removed from such
excavation as fill on the 1311 Property.
K. The Owner or its contractor may require a license to enter or temporary
construction easement over the City Property shown on Exhibit C for work on the Hickory
Detention Pond.
L. The value to the City of the Received Parcel plus the work the Owner has
agreed to do on the City Property, less the value of the Conveyed Parcel, results in a net
gain to the City of approximately $370,000. The Owner’s design work for the Hickory
Detention Pond is not included in this amount but provides additional value to the City ;
staff therefore recommends that the City not charge the Owner any additional monetary
consideration for the proposed exchange.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City’s conveyance of the Conveyed Parcel and a temporary
construction easement or license to enter to the Owner, plus the City’s acceptance of
additional Natural Habitat Buffer Zone on the City Property, in exchange for the Received
Parcel plus additional services to be provided to the City by th e Owner on the City
Property is in the best interests of the City, will not materially impair the viability of the
Page 355
Item 26.
-3-
City’s stormwater utility system as a whole, and will be for the benefit of the citizens of the
City.
Section 2. The City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey the Conveyed Parcel to the Owner on terms and
conditions consistent with this Ordinance, together with such 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, including, but not limited to, any necessary
changes to the legal description of the Conveyed Parcel, as long as such changes do not
materially increase the size or change the character of the interest to be conveyed.
Section 3. The City Council also authorizes the Mayor or City Manager, as
appropriate, to execute such additional documents as may be necessary to (i) convey a
temporary construction easement or license to enter to the Owner for the purpose of doing
work on the Hickory Detention Pond, and (ii) accept or allow transfer of additional Natural
Habitat Buffer Zone onto the City Property as shown on Exhibit E, on terms and conditions
consistent with this Ordinance, together with such 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, including, but not limited to, any necessary changes to
the legal description of the property interests involved, as long as such changes do not
materially increase the size or change the character of the interests to be conveyed.
Section 4. The City Council’s approval of the property exchange described
herein does not signify the Council’s approval of the Shelter Project, which must comply
with all applicable standards and requirements of the City’s development review process.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 5, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 15, 2024
Approving Attorney: Ingrid Decker
Page 356
Item 26.
Exhibit A - Properties Before Exchange
City
Property –
7.53 Acres
1311
Property –
5.92 Acres
EXHIBIT A TO ORDINANCE NO. 037, 2024
Page 357
Item 26.
Exhibit B - Exchange Parcels
Conveyed Parcel
(City to Owner) – 1.31 Acres
Received Parcel
(Owner to City) – 2.43 Acres
EXHIBIT B TO ORDINANCE NO. 037, 2024
Page 358
Item 26.
Exhibit C - Properties After Exchange
City
Property –
8.65 Acres
1311
Property –
4.8 Acres
EXHIBIT C TO ORDINANCE NO. 037, 2024
Page 359
Item 26.
NORTH
X
X
F ES
M
CABLE
X
CT
V
CT
V
CTVCTV
OHU
XXXXX
X
X
X
CTV
CT
V
D
S
F ES
F ES
W W W W W W W W W W
XXXXXXX
OHU OHU OHU
X
X
X
X
X
X
D
AREA B
36,808 SF AREA C
10,239 SF
AREA E
39,687 SF
LOT 1
(FUTURE CITY OF FORT COLLINS
REGIONAL DETENTION)
LOT 2 LOT 3
LOT LINE PRIOR TO
LAND SWAP
LOT LINE AFTER
LAND SWAP
AREA A
60,449 SF
AREA D
16,839 SF
T
R
A
C
T
A
HIBDON STREET
M
A
S
O
N
S
T
R
E
E
T
AREA ID AREA ON CITY PROPERTY
PRIOR TO LAND SWAP
AREA ON N COLLEGE 1311 LLC
PROPERTY PRIOR TO LAND SWAP
A 60,449
B 36,808
C 10,239
D 16,839
E 39,687
TOTAL 56,526 107,496
Exhibit D - Natural Habitat Buffer Zone
(NHBZ) Before Proposed Transfer
EXHIBIT D TO ORDINANCE NO. 037, 2024
Page 360
Item 26.
NORTH
X
X
F ES
M
CABLE
X
CT
V
CT
V
CTVCTV
OHU
XXXXX
X
X
X
CTV
CT
V
D
S
F ES
F ES
W W W W W W W W W W
XXXXXXX
OHU OHU OHU
X
X
X
X
X
X
D
LOT 1
(FUTURE CITY OF FORT COLLINS
REGIONAL DETENTION)
LOT 2 LOT 3
LOT LINE AFTER
LAND SWAP
AREA A
60,449 SF
AREA D
16,839 SF
AREA A
60,449 SF
AREA D
16,839 SF
AREA F
86,734 SF
T
R
A
C
T
A
HIBDON STREET
M
A
S
O
N
S
T
R
E
E
T
AREA ID AREA ON CITY PROPERTY
AFTER LAND SWAP
AREA ON N COLLEGE 1311 LLC
PROPERTY AFTER LAND SWAP
A 60,449
B
C
D 16,839
E
F 86,734
TOTAL 164,022
Exhibit E - Natural Habitat Buffer Zone
(NHBZ) After Proposed Transfer
EXHIBIT E TO ORDINANCE 037, 2024
Page 361
Item 26.
Headline Copy Goes Here
Jason Graham, City of Fort
Collins Water Utilities Director
Ralph Campano, City of Fort
Collins Real Estate Manager
City Council
Hickory Street
Detention Pond
Land Exchange
with 1311 N. College
2/20/2024
Page 362
Item 26.
Headline Copy Goes HereStaff Recommendation
2
Staff recommends adoption of Ordinance No. 037, 2024
that would permit the conveyance of approximately 1.31
acres (57,064 sf) of City property (the “Conveyed Parcel”)
to N College 1311, LLC, (“Owner”) in exchange for
approximately 2.43 acres (105,723 sf) of Owner’s adjoining
property (the “Received Parcel”) and other valuable
consideration.
Staff recommends adoption of the Ordinance on First Reading.
Page 363
Item 26.
Headline Copy Goes Here
3
Background
•On August 23,2022,staff presented Council with a potential
land partnership between the Stormwater Utility and 1311
North College,LLC.
•The presentation included background on the North Mason
Stormwater Project and the Hickory Street Detention Pond as
well as opportunities associated with a land partnership.
•Council feedback was supportive of a land partnership and
the land exchange.
Page 364
Item 26.
Headline Copy Goes HereStrategic Objective Alignment
•Land Partnership would facilitate improved Stormwater Infrastructure in the
North Mason area west of College Ave.
•Specifically,
•Addressing flood hazards &drainage nuisances to existing properties;
•Provides sufficient stormwater service to support redevelopment;and,
•Provides sufficient stormwater service to support new development.
Strategic Objective Safe 5.5
Provide and maintain reliable utility services and infrastructure that directly
preserve and improve public health and community safety.
Page 365
Item 26.
Headline Copy Goes Here
5
North Mason Stormwater Master Plan
The North Mason Stormwater Master Plan includes:
•a water quality treatment pond near the Poudre River;
•approx.2,350 feet of new storm sewer along the future North Mason
right of way;and;
•the Hickory Regional Stormwater Detention Pond (Hickory Pond).
The North College Urban Renewal Authority (URA)identified the project as
a top priority for investment in the area:
•Project costs are planned to be shared between the URA,the
stormwater capital fund and future development.
•The project is at a preliminary design level and is pending right of way
acquisition and coordination near the Poudre River.
Page 366
Item 26.
Headline Copy Goes Here
West side of N. Mason St
North of Hickory Street
South of Hibdon Ct
Location Map
Page 367
Item 26.
Headline Copy Goes HereFigure 1 –City Property Before Exchange –Blue Shade
7.53 Acres Valued at $1,570,000
7
Page 368
Item 26.
Headline Copy Goes HereFigure 2 –Exchange Parcels –City Net Gain of 1.12 Acres
8
•
Page 369
Item 26.
Headline Copy Goes HereFigure 3 –City Property After Exchange –7.53 Acres
$1,320,000 = $250,000 Loss of Value
9
Page 370
Item 26.
Headline Copy Goes HereCity Stormwater Financial Impacts
10
Other than staff time and related expenses,the only additional cost to the City associated with the
Subject Exchange is a loss in land value of approximately $250,000,which is offset by four beneficial
impacts:
1.As a Condition of the exchange, the Owner will be required to clear and grade approximately 8 acres
of woody debris and surface materials and then excavate approximately 29,000 cubic yards of soil on
the Larger Pond Site.This work results in a $620,000 cost savings to the City, which is a net benefit
of $370,000:
$620,000 Cost Savings
-$250,000 Loss of Value
=$370,000 Net Benefit
2.The addition of 1.12 acres of land available for development as a stormwater pond;
3.Natural Habitat Buffer Zone restoration of approximately 2 acres of land on the City Larger Pond Site,
and
4.Detention Pond Design cost savings.
City staff recommends that the Subject Exchange not include any additional monetary consideration
because the City Utilities ratepayers will be adequately compensated as summarized above.
Page 371
Item 26.
Headline Copy Goes Here
Jason Graham, City of Fort
Collins Water Utilities Director
Ralph Campano, City of Fort
Collins Real Estate Manager
Questions
2/20/2024
Page 372
Item 26.
Headline Copy Goes HereFigure 2 –Parcel Ownership
13
••Figure 2 shows the 7.5 Acre
parcel stormwater purchased
in 2010
•The site will be designed to
create an amenity for the
neighborhood and will include
trails,wildlife habitat and non-
programmed recreation.
•Surrounding neighborhoods
will be engaged during the
design process.
•The pond will be beneficial to
and compatible with the area.
Page 373
Item 26.
Headline Copy Goes HereFigure 1 –N Mason Stormwater Project (Phase I)
14
Figure 1 Shows a Schematic
Drawing of the North Mason
Stormwater Project (Phase I)
•Hickory Pond is the northern-
most component of the
project.
•Stormwater draining from
existing properties to the north
and west will be stored in the
detention pond and released to
the proposed storm sewer in
future North Mason Street.Page 374
Item 26.
Headline Copy Goes HereFigure 6 –City Property Before Exchange –West of Mason
15
Page 375
Item 26.
Headline Copy Goes HereFigure 7 –City Property After Exchange –West of Mason
16
Page 376
Item 26.
Headline Copy Goes HereFigure 8 –Natural Habitat Buffer Zones –NHBZ’s
Before the Exchange
17
Page 377
Item 26.
Headline Copy Goes HereFigure 9 –Natural Habitat Buffer Zones –NHBZ’s
After the Exchange
18
Page 378
Item 26.
Headline Copy Goes HereFigure 10 –Natural Habitat Buffer Zones –NHBZ’s
After the Exchange –West of Mason
19
Page 379
Item 26.