HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/02/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, April 2, 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 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
April 2, 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 April 2 through 8, 2024 as International Dark Sky Week.
PP 2. Declaring April 2024 as Autism Acceptance Month.
PP 3. Declaring April 2024 as Fair Housing Month.
PP 4. Declaring April 2024 as Sexual Assault Awareness 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 - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Page 1
City of Fort Collins Page 2 of 9
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the February 27, 2024 Adjourned Meeting,
March 5, 2024 Regular Meeting, and March 18, 2024 Special Meeting.
The purpose of this item is to approve the minutes of the February 27, 2024 adjourned meeting,
March 5, 2024 regular meeting, and March 18, 2024 special meeting.
Page 2
City of Fort Collins Page 3 of 9
2. Second Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Laporte Avenue Multimodal Improvement Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to
receive and expend Colorado Department of Transportation (CDOT) funds for the Laporte Avenue
Multimodal Improvement Project (Laporte Project). The funds will be used for construction of
improvements along Laporte Avenue from Fishback Avenue to Sunset Street. If approved this item:
1) appropriates $2,500,000 of Transportation Alternative grant funds for the Laporte Project; 2)
uses $122,727 from the Bicycle Infrastructure Improvements Community Capital Improvement
Program (CCIP Bike Program) as part of the local match; 3) uses $102,273 from t he Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP Pedestrian
Program) as part of the local match; 4) appropriates as part of the local match contribution
$223,425 from the Transportation Capital Expansion Fee Reserves (TCEF); 5) appropriates as
part of the local match contribution $222,750 from General Fund Reserves; 6) appropriates $1,755
(0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP) from TCEF
Reserves to the Art in Public Places Program; 7) appropriates $495 (0.22% of the TCEF amount
of the 1% contribution to APP) from the Transportation Fund Reserves to the Art in Public Places
Program; and 8) appropriates $2,250 (1% of the General Fund amount) from the General Fund to
the Art in Public Places Program.
3. Second Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the
General Fund of Grant Funds from the Colorado Department of Public Health and
Environment and Appropriating Prior Year Reserves in the Water Fund to Support
Transitioning City Fossil Fuel Vehicles to Clean Energy Vehicles.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the City of
Fort Collins (City) in transitioning fossil fuel vehicles to clean energy vehicles as a measure of
reducing greenhouse gas emissions to achieve maximum air quality benefits for the people of
Fort Collins and Colorado.
The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT)
grant program in support of the City purchasing clean energy vehicles that align with vehicles
approved through the State’s CFVT grant program. The awarded funds will support purchase of
approved vehicles, with the City contributing the remaining needed funds. Based on needs of City
departments, Operation Services and departments within City Utilities will be funding the
additional funds needed for purchase of approved vehicles.
Approval of this item will support the City in transitioning fossil fuel fleet vehicles to clean energy
by:
● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant
program; and
● Appropriating $96,504 from Water Fund reserves.
4. Second Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the
Capital Projects Fund of Colorado Department of Transportation Alternative Program
Grant Funds and the Congestion Mitigation and Air Quality Grant Funds, for the Power
Trail and Harmony Grade Separated Crossing Project.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to
receive and expend federal pass-thru funds for the Power Trail and Harmony Grade Separated
Crossing Project (the Project). The funds will be used for construction of a pedestrian and bicycle
Page 3
City of Fort Collins Page 4 of 9
underpass located approximately 500 feet west of the intersection of Harmony Road and Union
Pacific Railroad. If approved this item will:
● Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds
for the Project; and
● Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the
Project.
Previously appropriated funds will be used for local match requirements.
5. Second Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, appropriates
$560,178, of which $392,125 is proposed for Convention and Visitors Bureau, $140,044 is
proposed for Cultural Development and Programming Activities (Fort Fund), and $28,009 is
proposed for Tourism Programming (Fort Fund) all from unanticipated 2023 Lodging Tax revenue
collections.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities. Anticipated revenue is projected through each Budgeting for
Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections.
For 2023, total Lodging tax revenues collected came in $560,178 above projected collections.
6. Second Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received
in the General Fund By City Give for Fort Collins Police Services for the 2024 Police
Leaders’ Summit.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests
appropriation of $30,000 in philanthropic revenue received by City Give for Fort Collins Police
Services for the 2024 Police Leaders’ Summit as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
7. Second Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received
By City Give for Fort Collins Police Services for the Safe Futures Initiative.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests an
appropriation of $80,000.00 in philanthropic revenue received by City Give for Fort Collins Police
Services for the Safe Futures initiative.
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.
8. Second Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the
General Fund of the Internet Crimes Against Children Grant in Support of Fort Collins
Police Services Cyber Crimes Unit.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the Fort
Collins Police Services’ Cyber Crimes Unit by appropriating $6,585 of unanticipated grant revenue
awarded by the Colorado Springs Police Department.
Page 4
City of Fort Collins Page 5 of 9
9. Second Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City
of Fort Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire
Lines.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, clarifies and makes
consistent certain terminology in City Code. This item will remove “curb stop” from City Code, to
be replaced by “control valve.” Replacement of this terminology removes any potential
assumption that a water control valve on a service or fire line must have proximity to a street or
sidewalk curb to define ownership of the valve and of the line extending from the valve.
10. Second Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery
Charges for Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for
2024 Through March 2027.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, obtains Council
approval for the proposed formulas for calculating rental rates and delivery charges for Fort
Collins Utilities’ (Utilities) raw water supplies for the next three years, including proposed rental
rates and delivery charges for fully consumable water. The rates and charges would be effective
through March 2027. Setting the rates and charges via formula ensures Utilities can recoup the
ownership and administrative costs for rented supplies and provides planning certainty for the
agricultural rental community.
Proposed formulas for most supply sources remain consistent with those from the previous rental
rate and delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an
increase in the rental rate and delivery charge for fully consumable water to be in line with market
conditions for this type of water. In addition, staff is recommending the rental rate for Water Supply
and Storage Company supplies to be 130% of assessment versus the prior rate of assessment
plus a flat administration fee. These are the only changes to rental rates and delivery charge
methods.
11. Second Reading of Ordinance No. 048, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Domestic Waterline Easement on Property Jointly Owned by the City of Fort
Collins and the City of Loveland at the Northern Colorado Regional Airport for the New
Airport Terminal Facility.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, authorizes the
conveyance of an easement to the water district to allow for a water service line for the terminal.
The easement is over a portion of the Northern Colorado Regional Airport property, which is
owned jointly by the City of Fort Collins and the City of Loveland.
12. First Reading of Ordinance No. 049, 2024, Reappropriating Funds Previously Appropriated
in 2023 But Not Expended and Not Encumbered in 2023.
The purpose of this item is to reappropriate monies in 2024 that were previously authorized by
Council for expenditures in 2023 for various purposes. The authorized expenditures were not
spent or could not be encumbered in 2023 because:
● There was not sufficient time to complete bidding in 2023 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
● The project for which the dollars were originally appropriated by Council could not be completed
during 2023 and reappropriation of those dollars is necessary for completion of the project in
2024.
Page 5
City of Fort Collins Page 6 of 9
Additionally, there may have been suff icient unspent dollars previously appropriated in 2023 to
carry on programs, services, and facility improvements in 2024 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2023 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $2,498,249
Cultural Services Fund 55,000
Recreation Fund 251,064
Museum Fund 61,265
Transportation Service Fund 1,288,625
Water Fund 52,500
Date & Communications Fund 390,600
Total $4,597,303
13. First Reading of Ordinance No. 050, 2024, Approving the Conveyance of a Temporary
Construction Easement for the Construction of Permanent Stormwater Improvements on
City Property to DHIC-Enclave, LLC.
The purpose of this item is to approve an Ordinance that would permit the conveyance of a
Temporary Construction Easement (the “Easement”) on approximately 4.36 acres (189,996 sf) of
City property known as the Redwood Detention Pond and the Redwood Channel (collectively, the
“City Property”) to DHIC – Enclave, LLC (“Developer”), in exchange for the construction of
permanent stormwater master plan improvements on the City Property.
14. First Reading of Ordinance No. 051, 2024, Approving the Conveyance of a Permanent
Easement for Stormwater Drainage, a Temporary Construction Easement for the
Construction of Stormwater Drainage Improvements, and a Temporary Construction
Easement for the Construction of Sewer Facilities on City Property to PS-Poudre River,
LLC.
The purpose of this item is to approve an Ordinance that would permit the conveyance of one
permanent drainage easement (the “Drainage Easement”), one temporary construction easement
(the “Drainage TCE”) for the modification of current drainage facilities, and one temporary
construction easement (the “Sewer TCE”) for the installation of public sewer facilities to PS-
Poudre River, LLC (“PSPR”), on City Property located at 101 1st Street, which is the current
location of Buckingham Park (“Buckingham Park”). Construction pursuant to the Drainage TCE
will modify existing floodplain boundaries, and the Drainage Easement will allow PSPR to store
additional stormwater on a portion of Buckingham Park. The Sewer TCE is for the installation of
public sewer facilities required by the City so that PSPR may proceed with the development of
the adjoining lands. The actual conveyance of the easements will be conditional upon PSPR, or
its successors and assigns, obtaining City development approval of the contemplated work within
the easements.
15. First Reading of Ordinance No. 052, 2024, Approving the Conveyance of One Permanent
Easement and One Temporary Construction Easement for the Construction of a Portion of
Phemister Trail on City Property to Colorado State University.
The purpose of this item is to approve an Ordinance that would permit the conveyance of one (1)
permanent easement (the “Trail Easement”) and one (1) temporary construction easement (the
“TCE”) to Colorado State University (“CSU”), for the construction, operation, and maintenance of
Page 6
City of Fort Collins Page 7 of 9
a public multi-modal trail (the “Phemister Trail”) on City Property located at 2145 Centre Street,
which is the current location of The Gardens on Spring Creek (the “Gardens on Spring Creek”).
16. Public Hearing and Resolution 2024-053 Approving the Programs that will Receive a Total
of $400,000 in HOME Investment Partnership Act American Rescue Plan Act Funding
(HOME-AR P) for Supportive Services Funding.
The purpose of this item is to approve the programs recommended for funding with the $400,000
in HOME Investment Partnership Act American Rescue Plan Act funding (HOME-ARP)
designated for Supportive Services.
17. Resolution 2024-054 Ratifying the Reappointment of Corey Radman and Joshua Fudge
and the Appointment of Vicki Woods to the Poudre River Public Library District Board of
Trustees.
The purpose of this item is to fill vacancies on the Poudre River Public Library District Board of
Trustees.
18. Resolution 2024-055 Appointing Amanda Cossey, Troy Erickson, Casey Kittel, Danielle
Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District Board of
Directors.
The purpose of this item is to consider the appointments of Amanda Cossey, Troy Erickson,
Casey Kittel, Danielle Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District
(the “District”) Board of Directors. Amanda Cossey will serve a three-year term to fill a vacancy
created by the resignation of another member. Troy Erickson will serve the remainder of a three-
year term ending on September 1, 2024, due to early resignation. Casey Kittel will serve the
remainder of the term ending January 17, 2026, vacated by a resignation. Danielle Lowry will
serve a second term lasting three years starting as soon as appointed by Council. Aryell Mattern
will serve a three-year term starting as soon as appointed by Council.
19. Items Relating to Appointments to Various Boards and Commissions.
A. Resolution 2024-056 Making Appointments to the Historic Preservation Commission.
B. Resolution 2024-057 Making an Appointment to the Land Use Review Commission.
C. Resolution 2024-058 Making Appointments to the Planning and Zoning Commission.
The purpose of this item is to fill vacancies on various Boards and Commissions.
In 2023, the Council adopted a Code of Conduct and updated Boards and Commissions Policy,
along with other policies and procedures that apply to service on City boards and commissions.
Each board and commission appointee is required to acknowledge and accept these
requirements in order to take appointed office. Each Resolution provides that no person appointed
may take office until they have completed the required acknowledgement and acceptance of the
Code of Conduct and the applicable laws and policies that govern service on City of Fort Collins
boards and commissions.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
Page 7
City of Fort Collins Page 8 of 9
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.
20. Second Reading of Ordinance No. 039, 2024, Amending the City Code to Provide Additional
Procedural Options for the Conduct of City Council Meetings.
This Ordinance, adopted on First Reading with amendments at the March 18, 2024, special
meeting, by a vote of 6-1 (Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers
Gutowsky, Pignataro, Canonico, and Potyondy; Nays: Councilmember Ohlson), updates Code
provisions related to the conduct of Council meetings to allow Councilmembers to attend and vote
remotely if a meeting has been relocated to a remote mode due to circumstances preventing a
meeting from proceeding.
Council amended the Ordinance at the time of adoption on First Reading to remove a provision
allowing Council to limit public comment to agenda items only and to correct an obsolete pronoun
reference.
Resolution 2024-026 Adopting Amending Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions failed unanimously.
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.)
Page 8
City of Fort Collins Page 9 of 9
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 9
PROCLAMATION
WHEREAS, the City of Fort Collins is committed to improving and maintaining our
quality of life which includes reducing light pollution by minimizing glare, light trespass, and sky
glow; and
WHEREAS, outdoor lighting best practices can preserve, protect, and enhance the night
sky while mitigating negative impacts to wildlife health; and
WHEREAS, International Dark Sky Week is April 2 through 8, 2024; and
WHEREAS, night sky compliant lighting practices can be as easy as using light only
where you need it, when you need it, with the minimum amount of light needed, while shielding
and directing light downwards; and
WHEREAS, the average light pollution in Fort Collins is 20 times brighter than natural
conditions; and
WHEREAS, the City of Fort Collins is willing to lead by example by improving,
retrofitting, and pursuing standards where necessary to support night sky compliance; and
WHEREAS, protecting the night sky helps promote safety, livability, migratory animals
and insects, urban natural areas and quality life; and
WHEREAS, the City of Fort Collins is acting to minimize light pollution through lighting
code updates, building retrofits, improved street lighting technology, education and technical
assistance, and data collection and monitoring;
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the week of April 2 through 8, 2024, as
INTERNATIONAL DARK SKY WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 2nd day of April, 2024.
______________________________
Mayor
ATTEST:
______________________________
Assistant City Clerk
Page 10
Item PP 1.
PROCLAMATION
WHEREAS, Autism Acceptance Month is recognized annually in April to promote
understanding, acceptance, and inclusion of individuals on the autism spectrum; and
WHEREAS, today, 1 in 36 children (or 2.8 percent of the population) have been identified as
autistic and overlooked populations including women and people of color, are being identified in
increasing numbers. The needs of autistic people vary from low resource to high resource, understanding
the ways we can support the autistic community promotes their inclusion, acceptance, well-being, and
success; and
WHEREAS, autism is a neurological variation that enriches our community with diverse
perspectives, talents, and experiences and autistic people have made enormous economic, social, and
cultural contributions to our society; and
WHEREAS, embracing autism acceptance fosters a culture of empathy, compassion, and respect
for individuals of all abilities. Every individual, regardless of neurodiversity, deserves equal
opportunities, support, and recognition of their inherent worth and potential; and
WHEREAS, by embracing the principles of autism acceptance, we create a more inclusive and
welcoming society where all individuals can thrive and contribute meaningfully. Through education,
advocacy, and empowerment, we can dismantle barriers and create a more accessible and inclusive
environment for autistic individuals and their families; and
WHEREAS, promoting autism acceptance is an ongoing commitment that requires collective
effort and collaboration from all members of our community and partnership with the City’s Human
Relations Commission and Disability Advisory Board;
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
April 2024, as
AUTISM ACCEPTANCE MONTH
and I call upon all residents, businesses, schools, and organizations to join us in celebrating the unique
talents and contributions of individuals on the autism spectrum. Let us pledge to foster a community
where diversity is celebrated, inclusion is championed, and acceptance is unconditional.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 2nd day of April, 2024.
______________________________
Mayor
ATTEST:
______________________________
Assistant City Clerk
Page 11
Item PP 2.
PROCLAMATION
WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all residents
of the United States, was signed into law in April 1968; and
WHEREAS, the month of April is nationally recognized as Fair Housing Month as a time to
reflect on and reaffirm our national commitment to the ideal that fair housing opportunity is available to
everyone in the United States without regard to race, color, religion, national origin, sex, familial status
and disability; and
WHEREAS, this year celebrates the 56th anniversary of the Fair Housing Act and reflects on
our current efforts to foster sustainable, inclusive communities of opportunity for all; and
WHEREAS, on April 10, 1959, the State of Colorado was the first state in the U.S to pass fair
housing laws, preceding the federal Fair Housing Act by nearly a decade; and
WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing practices; and
WHEREAS, the City welcomes this opportunity to acknowledge our many community partners
who are committed to addressing barriers to fair housing choice and educating all citizens concerning
their rights regarding equal housing opportunity; and
WHEREAS, this year, those partners are represented by CARE Housing, the master developer
of Heartside Hill, a housing development that will provide a diversity of housing type and choice for
persons at various incomes, abilities, and life stages. Once completed, this community will include an
early childhood education center, 2 homes for persons with intellectual and developmental disabilities,
72 affordable apartments and 9 single family homes that will be dedicated to long-term affordable home
ownership.
NOW THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby decree that
every person should live free from the fear of housing discrimination, and I declare April 2024, as
FAIR HOUSING MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 2nd day of April, 2024.
______________________________
Mayor
ATTEST:
______________________________
Assistant City Clerk
Page 12
Item PP 3.
PROCLAMATION
WHEREAS, Sexual Assault Awareness Month (SAAM) calls attention to the fact that sexual
violence is widespread and impacts every person in the community. SAAM aims to raise public
awareness about sexual abuse, harassment, and assault and educate communities about how to be
involved in prevention; and
WHEREAS, this year’s SAAM campaign theme, Building Connected Communities, calls on
each of us to work together to prevent sexual abuse, harassment, and assault. We believe when anyone
experiences sexual violence, every community member is affected. We must strive to build more
connected, respectful, and inclusive communities to promote our collective well -being and protect
against the risk of sexual violence. We believe all of our communities will be safer and stronger by
making them more equitable for people of all gender identities and sexual orientations, races and ethnic
backgrounds, ages, faiths, and abilities. Statistics show that over 53% of women and over 29% of men
reported experiencing contact sexual violence in their lifetime, most women and men across all sexual
identities who experienced contact sexual violence reported that the person who harmed them was
someone they knew, more than 1 in 4 non-Hispanic Black women in the United States were raped in
their lifetime, 1 in 3 Hispanic women reported unwanted sexual contact in their lifetime, more than 4 in
5 American Indian and Alaska Native women have experienced violence in their lifetime, 32.9% of
adults with intellectual disabilities have experienced sexual violence, 47% of all transgender people have
been sexually assaulted at some point in their lives; and
WHEREAS, as such, we must strive to create strong, connected communities that take care of
one another and make decisions to ensure the safety and well-being of others to end sexual violence. The
Building Connected Communities campaign is an opportunity for our community to join with others
around the world in committing to prevent sexual abuse, assault, and harassment; and
WHEREAS, I join advocates and communities across the country in taking action to prevent
sexual violence. April is Sexual Assault Awareness Month, and each day of the year is an opportunity
to create change for the future.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
April 2024, as
SEXUAL ASSAULT AWARENESS MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 2nd day of April, 2024.
______________________________
Mayor
ATTEST:
______________________________
Assistant City Clerk Page 13
Item PP 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Heather Walls, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 27, 2024 Adjourned Meeting, March 5,
2024 Regular Meeting, and March 18, 2024 Special Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the February 27, 2024 adjourned meeting, March 5,
2024 regular meeting, and March 18, 2024 special meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, February 27, 2024
2. Draft Minutes, March 5, 2024
3. Draft Minutes, March 18, 2024
Page 14
Item 1.
City of Fort Collins Page 333 City Council Proceedings
February 27, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
A)CALL MEETING TO ORDER
Mayor Jeni Arndt called the meeting to order at 6:00 p.m. in the City Council Chambers at 300 Laporte
Avenue, Fort Collins, Colorado.
B)ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Susan Gutowsky
Councilmember Kelly Ohlson
Councilmember Melanie Potyondy
Councilmember Tricia Canonico
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Interim City Clerk Heather Walls
C)ITEMS FOR DISCUSSION
1.Resolutions to Adopt 2024-2026 Council Priorities.
A. Resolution 2024-013 Adopting a 2024-2026 Council Priority to Operationalize City Resources
to Build and Preserve Affordable Housing.
B.Resolution 2024-014 Adopting a 2024-2026 Council Priority to Improve Human and Social
Health for Vulnerable Populations.
C.Resolution 2024-015 Adopting a 2024-2026 Council Priority to Advance a 15-Minute City by
Igniting Neighborhood Centers.
D. Resolution 2024-016 Adopting a 2024-2026 Council Priority to Improve Animal Welfare
Through Public Education and Policy.
E. Resolution 2024-017 Adopting a 2024-2026 Council Priority to Pursue an Integrated,
Intentional Approach to Economic Health.
F. Resolution 2024-018 Adopting a 2024-2026 Council Priority to Create Pathways for Zero Waste
Infrastructure and Policies.
G. Resolution 2024-019 Adopting a 2024-2026 Council Priority to Reduce Climate Pollution and
Air Pollution Through Electrification.
H. Resolution 2024-020 Adopting a 2024-2026 Council Priority to Protect Community Water
Systems in an Integrated Way to Ensure Resilient Water Resources and Healthy Watersheds.
DR
A
F
T
Page 15
Item 1.
City of Fort Collins Page 334 City Council Proceedings
I. Resolution 2024-021 Adopting a 2024-2026 Council Priority to Advance a 15-Minute City by
Accelerating Our Shift to Active Modes.
J. Resolution 2024-022 Adopting a 2024-2026 Council Priority to Develop a Hughes Site Master
Plan.
K. Resolution 2024-023 Adopting a 2024-2026 Council Priority to Operationalize City Resources
to Make Government More Accessible, Approachable and Fun.
L. Resolution 2024-024 Adopting a 2024-2026 Council Priority to Continue Stewardship of Our
Civic Institution.
The purpose of this item is to consider resolutions to adopt 2024-2026 Council priorities.
Assistant City Manager Rupa Venkatesh stated Council priorities involve priority setting,
determining how the priorities will be accomplished, and implementation, reporting, and tracking.
She provided information on each priority organized by strategic outcome areas and outlined what
changed since the work session in February.
PUBLIC COMMENT
Joe Rowan facetiously suggested Council adopt a resolution to compel the Natural Resources
Department to identify the Hughes Stadium site as a location for the voter-approved grey wolf
reintroduction program and outlined the ways in which this would help with other Council priorities.
Suzan Gregg spoke in support of Pet City and encouraged Council to allow pet stores to stay
open.
COUNCIL DISCUSSION
A. Resolution 2024-013 Adopting a 2024-2026 Council Priority to Operationalize City Resources
to Build and Preserve Affordable Housing.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Resolution 2024-013. Yeas: Arndt, Francis, Ohlson, Potyondy, Canonico, Pignataro,
and Gutowsky. Nays: none.
THE MOTION CARRIED 7-0.
B. Resolution 2024-014 Adopting a 2024-2026 Council Priority to Improve Human and Social
Health for Vulnerable Populations.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-014. Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers
Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
C. Resolution 2024-015 Adopting a 2024-2026 Council Priority to Advance a 15-Minute City by
Igniting Neighborhood Centers.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Resolution 2024-015. Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers
Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
DR
A
F
T
Page 16
Item 1.
City of Fort Collins Page 335 City Council Proceedings
D. Resolution 2024-016 Adopting a 2024-2026 Council Priority to Improve Animal Welfare
Through Public Education and Policy.
Mayor Pro Tem Francis stated she would not be able to support this resolution as she believes
animal welfare is outside the scope of City focus.
Councilmember Pignataro stated the language addresses wild animals and things like the
wildlife rehabilitation center, Nature in the City, and other items that would be incorporated
into this resolution, none of which seem to fall under ‘animal welfare.’
Assistant City Manager Venkatesh outlined the input from the Council retreat which included
items such as not supporting commercial breeding facilities, education that it is illegal to have
cats off leash as they can be destructive to the environment and birds, and defining success
as educating the public on the impact of outdoor cats, considering local breeding facilities,
identifying ways to protect and impact bird population threats, hearing public opinion on the
matter, and ensuring City policy reflects the City’s stance on animal welfare.
City Manager DiMartino suggested the policy item around animal welfare could be
accomplished as an Other Business item as it is a stand-alone policy item; however, other
topics such as education live more with the Humane Society and other organizations and that
could be emphasized in communication as part of ongoing operations as opposed to
something separate that would be tracked as a priority.
Councilmember Pignataro stated she met with the owners of Pet City and there is agreement
that puppy mills are horrible. The owners have personally visited about half of the places they
get their puppies. She stated policy should not be made based on stories but on facts and
data and commented on the community requesting some type of priority around this topic
which would allow for resources to be allocated to acquire those facts.
Councilmember Potyondy stated this priority does not necessarily seem to fit with regard to
the scope and noted the City does not have staff dedicated to animal welfare; therefore, some
partnerships may make more sense. She stated she would prefer to discuss commercial
breeders under Other Business in future meetings.
Councilmember Canonico concurred with Councilmember Potyondy and stated other City
partners are more dedicated and have better resources. She stated she would oppose the
resolution, but does want to see the issue remain an action.
Councilmember Ohlson stated he would support the resolution as he views it as a local role
to look out for animals, be they domestic or wild. He commented on the impact of outdoor
cats on the depletion of songbird species diversity and habitat disruption. Additionally, he
stated the City funds the Humane Society which fails to address the issue. He also supported
putting resources toward getting objective information dealing with pet stores and breeding
facilities. He stated he would still like to see the issues be dealt with even if the resolution
fails.
Councilmember Gutowsky concurred with Councilmember Ohlson and stated she would be
disappointed if the issue was abandoned.
Councilmember Potyondy clarified that she does believe there is value in the resolution;
however, she sees the issue as having discreet tasks that are potentially better suited to Other
Business and the other priorities seem much broader in scope.
DR
A
F
T
Page 17
Item 1.
City of Fort Collins Page 336 City Council Proceedings
Councilmember Pignataro moved, seconded by Councilmember Ohlson, to adopt
Resolution 2024-016. Ayes: Councilmembers Pignataro, Gutowsky, and Ohlson. Nays:
Councilmembers Potyondy, Canonico, Mayor Arndt, and Mayor Pro Francis.
THE MOTION FAILED 4-3.
E. Resolution 2024-017 Adopting a 2024-2026 Council Priority to Pursue an Integrated,
Intentional Approach to Economic Health.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-017. Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers
Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
F. Resolution 2024-018 Adopting a 2024-2026 Council Priority to Create Pathways for Zero
Waste Infrastructure and Policies.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-018.
Councilmember Ohlson stated this item and the following two do not resemble what he
brought up at the Council retreat. He opposed the lack of specificity and the use of the term
‘create pathways’ as it does not seem to show action. He stated pathways already exist
through the adopted road to zero waste and he would like to see additional action-oriented
language.
Councilmember Potyondy suggested the use of ‘accelerate,’ ‘improve,’ or ‘implement.’
Mayor Arndt stated she would also support a name change.
Mayor Pro Tem Francis suggested ‘advance.’
Councilmember Pignataro asked staff if the wording change would change their
understanding of what the priority means. Jacob Castillo, Chief Sustainability Officer, replied
the language was chosen intentionally with framing based on what could be materially
advanced in a two-year period. He stated the suggestions that have been made do help to
clarify that action is required to make moves on the priority and he suggested using ‘improve,’
‘advance,’ or ‘accelerate’ and stated staff does recognize the need to do more than create
pathways.
Councilmember Canonico supported the use of ‘accelerate.’ Other members concurred.
City Attorney Daggett noted there are three places in the resolution that would require the
wording change.
Mayor Pro Tem Francis and Councilmember Potyondy accepted the use of the word
‘accelerate’ in place of ‘create pathways’ as a friendly amendment.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
DR
A
F
T
Page 18
Item 1.
City of Fort Collins Page 337 City Council Proceedings
G. Resolution 2024-019 Adopting a 2024-2026 Council Priority to Reduce Climate Pollution and
Air Pollution Through Electrification.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-019.
Councilmember Ohlson expressed concern that solely addressing electrification is limited and
suggested changing the wording to add ‘and other policies and action’ after ‘electrification.’
Councilmember Canonico requested input from staff as to why the wording was chosen.
Jacob Castillo, Chief Sustainability Officer, replied much of the discussion was around
greenhouse gas reduction, and there is significant overlap with reducing the extraction and
use of fossil resources and associated air pollution. He acknowledged they are not wholly
overlapping and there are other pollutants such as volatile organic compounds, nitrogen
oxide, and others, that may not be fully addressed through the way the language is presented
and other strategies could be put in place that are not related to electrification, such as
monitoring, enforcement opportunities, and an overall reduction in use.
Mayor Pro Tem Francis stated she appreciated the focus on electrification as it is a big move
from Our Climate Future to focus on what staff presented as what can be done to make an
impact. She expressed concern about broadening the focus as she is tired of monitoring air
pollution and electrification can make a big impact.
Councilmember Ohlson outlined the retreat discussion and stated staff has taken too much
leeway with the language and combining items. He commented on his desire to address air
pollution, specifically air pollution other than ozone, and requested clarification as to whether
any further action will be taken on air pollution other than electrification. Assistant City
Manager Venkatesh replied all of those items will be incorporated under one of the other
priorities of ‘improving human and social health for vulnerable populations.’ Castillo stated
staff is interpreting the priorities such that there is an emphasis on these activities, but they
will not replace to completely cast out other activities that are ongoing related to air quality,
including monitoring and the work of the Air Quality Advisory Board.
Councilmember Ohlson stated he would not support the resolution and reiterated his concern
that too much leeway was taken by staff.
Councilmember Canonico stated she introduced the idea of electrification as it is something
that could be focused upon and advanced. She stated there will be opportunities for federal
funding in conjunction with local funding to make a difference in the area over the next two
years.
Councilmember Ohlson commented on the fact that much of the City’s electricity comes from
a coal-fired power plant and questioned how air quality is being positively impacted through
electrification in that sense.
Councilmember Potyondy stated she would prefer the language to read ‘reduce climate
impacts’ rather than ‘reduce climate pollution.’ She supported having a focus on
electrification; however, she stated it may be a bit narrow if climate impact and air pollution
are being considered.
Mayor Pro Tem Francis expressed support for the language but asked why ‘climate pollution’
was used instead of ‘greenhouse gases.’ Castillo replied ‘climate pollution’ is language that
is being used more frequently at the state and national level and staff was attempting to mirror
that language.
DR
A
F
T
Page 19
Item 1.
City of Fort Collins Page 338 City Council Proceedings
Councilmember Gutowsky requested additional information as to the meaning of ‘climate
pollution.’ Castillo replied climate pollution is upstream from climate impacts and it references
greenhouse gases, which are the emissions that are warming the planet and are oftentimes
from the same source as other environmental pollutants.
Councilmember Gutowsky suggested the placement of other air quality measures under the
priority addressing vulnerable populations is misplaced and stated she would like to see those
various methods and strategies included in this priority, perhaps with an emphasis on
electrification.
Mayor Arndt commented on the fact that 2/3 of community emissions come from buildings
and stated emphasizing building electrification can have the biggest impact on meeting some
of the goals of Our Climate Future.
Councilmember Potyondy stated she would be more comfortable using the wording ‘through
best practices, prioritizing electrification’ as she would like the priority to leave some wiggle
room for other strategies.
Councilmember Potyondy made a motion, seconded by Mayor Arndt, to amend the
motion to change the language of the priority to state ‘reduce climate pollution and air
pollution through best practices, emphasizing electrification.’ Ayes: Mayor Arndt,
Councilmembers Ohlson, Potyondy, Pignataro, and Gutowsky. Nays: Mayor Pro Tem
Francis and Councilmember Canonico.
THE MOTION CARRIED 5-2.
Mayor Pro Tem Francis stated she would support the motion but did not believe the language
change was necessary and makes Council’s goals more confusing. Councilmember
Canonico concurred.
The vote on the amended motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem
Francis, Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky.
Nays: None.
THE MOTION CARRIED 7-0.
H. Resolution 2024-020 Adopting a 2024-2026 Council Priority to Protect Community Water
Systems in an Integrated Way to Ensure Resilient Water Resources and Healthy Watersheds.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-020.
Councilmember Ohlson questioned why the language referencing ditch companies was
removed. He suggested renaming the Pleasant Valley and Lake Canal Rehabilitation Project
to the Wildlife Habitat and Tree Destruction Project and stated the ditch company, 79% of
which is owned by the City, is demolishing many trees. He also commented on ditches being
wildlife movement corridors and providing recreation opportunities. He suggested some
reference language in the priority or Strategic Plan and asked Jason Graham, Water Utilities
Executive Director, why he was so enthusiastic about removing the ditch company reference.
Graham replied he was not enthusiastic; however, he did not see any harm in changing the
language to reference regional partnerships. He stated staff intends to provide a summary of
how the City interacts with the ditch companies.
Councilmember Ohlson questioned how it would be known that regional partnerships include
ditch companies.
DR
A
F
T
Page 20
Item 1.
City of Fort Collins Page 339 City Council Proceedings
Mayor Arndt noted ditch companies are their own legal entities that have legislative
protections and powers. She stated she would be uncomfortable mentioning legally owned
entities in a priority.
Councilmember Pignataro asked if the language excludes having anything to do with ditch
companies. Castillo replied it is not the intention that it would exclude ditch companies.
Councilmember Pignataro stated all of the previously adopted priorities have open-ended
components with the outcome as the goal and some intentionally vague language. City
Manager DiMartino stated the language is broader and one of the next steps identified is to
identify more details regarding scoping and work plans for the priorities at a work session.
Councilmember Ohlson stated he would support the resolution given more detailed work will
occur. He reiterated the fact that the City owns a large number of shares of ditch companies
and commented on the importance of the triple bottom line of social, environmental, and
financial goals. He stated he would like to see a Council discussion to create some policies
where the City can lead by example on some of the issues related to trees, habitat, and
recreation, particularly for the companies in which the City holds a majority stake.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
I. Resolution 2024-021 Adopting a 2024-2026 Council Priority to Advance a 15-Minute City by
Accelerating Our Shift to Active Modes.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-020.
Councilmember Ohlson asked why the two 15-Minute City items were not combined.
Councilmember Pignataro replied the different sides of the 15-Minute City involve the mode
of transportation used and the destination.
Mayor Arndt commented on the importance of prioritizing Safe Routes to School as resources
become available and suggested a language change in the description of the priority to
reference Safe Routes to School as a priority within the goal.
Mayor Pro Tem Francis suggested ‘implement the Active Modes Vision Zero Plan and
complete the Safe Routes to School network.’
Councilmember Pignataro asked if the Vision Zero Plan refers to Safe Routes to School.
Caryn Champine, Planning, Development, and Transportation Director, replied the Active
Modes Plan and Vision Zero Plan both tie back to Safe Routes to School and the integration
of Safe Routes to School into the active modes prioritization is captured in one of the short-
term goals to be executed as part of this priority.
Mayor Arndt asked if Safe Routes to School are prioritized as funds become available.
Champine replied staff will work to figure out the best way to prioritize Safe Routes to School
as part of this priority.
Councilmember Potyondy commented on the importance of not only completing the Safe
Routes to School network but also improving some of the existing network and suggested
‘emphasizing Safe Routes to School.’
Councilmember Canonico asked if prioritizing Safe Routes to School could negatively impact
complete streets elsewhere. Champine replied there are different funding streams and
sources.
DR
A
F
T
Page 21
Item 1.
City of Fort Collins Page 340 City Council Proceedings
Mayor Arndt suggested eliminating the language related to creating inefficiencies and missed
opportunities. Mayor Pro Tem Francis accepted the amendment as friendly.
Members commented on the use of seemingly extra wording in the description and asked if
eliminating some of the language would change the direction for staff. Champine replied in
the negative and stated staff feels very clear about what Council is trying to accomplish.
Councilmember Pignataro outlined the proposed language to eliminate some of the wording
and make the description one sentence. Mayor Pro Tem Francis and Councilmember
Canonico accepted the amendment as friendly.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
J. Resolution 2024-022 Adopting a 2024-2026 Council Priority to Develop a Hughes Site Master
Plan.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-022.
Councilmember Pignataro stated the other priorities involve broader goals that address urgent
social or environmental needs and questioned how this priority fits in.
Mayor Arndt agreed this priority is more concrete and discreet; however, it was also a ballot
initiative and making it a priority to develop a plan for the use of the land in the next two years
is not a bad thing for Council to make a formal statement upon.
Councilmember Potyondy stated the development of a master plan will be a significant
undertaking and is significantly more than a task, particularly with regard to outreach.
Councilmember Ohlson supported having the item on the work plan.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, and Gutowsky. Nays: Councilmember
Pignataro.
THE MOTION CARRIED 6-1.
K. Resolution 2024-023 Adopting a 2024-2026 Council Priority to Operationalize City Resources
to Make Government More Accessible, Approachable and Fun.
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to adopt
Resolution 2024-023.
Councilmember Canonico commended the use of the word ‘fun.’
Assistant City Manager Venkatesh stated the inclusion of ‘operationalize City resources’ was
inadvertent but could remain. It was noted that the Resolution language did not include the
wording.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
DR
A
F
T
Page 22
Item 1.
City of Fort Collins Page 341 City Council Proceedings
L. Resolution 2024-024 Adopting a 2024-2026 Council Priority to Continue Stewardship of Our
Civic Institution.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-024.
Councilmember Ohlson suggested using ‘modernize and update the City Charter’ rather than
‘continue stewardship of our civic institution.’ Mayor Pro Tem Francis and Councilmember
Canonico accepted the amendment as friendly.
The vote on the motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and Gutowsky. Nays: None.
THE MOTION CARRIED 7-0.
C) OTHER BUSINESS
None.
D) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:35 p.m.
___________________________________
Mayor
ATTEST:
_____________________________________
Chief Deputy City Clerk
DR
A
F
T
Page 23
Item 1.
City of Fort Collins Page 342 City Council Proceedings
March 5, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the month of March Women’s History Month
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Potyondy
Councilmember Kelly Ohlson
ABSENT
Mayor Pro Tem Emily Francis
STAFF PRESENT
City Manager Kelly DiMartino
Deputy City Attorney Jenny Lopez Filkins
Assistant City Clerk Amani Chamberlin
Clerk’s Note: Due to disruptive behavior in the audience, Council took a recess at 6:04 p.m.
Council returned to Chambers at 6:41 p.m.
Councilmember Pignataro moved, seconded by Councilmember Canonico, to suspend the
City Council Rules of Procedure to consider an action to address disruption to the City
Council meeting.
Page 24
Item 1.
City of Fort Collins Page 343 City Council Proceedings
THE MOTION CARRIED 6-0.
Ayes: Mayor Arndt, Councilmembers Ohlson, Canonico, Pignataro, Potyondy, and Gutowsky.
Absent: Mayor Pro Tem Francis
Meeting adjourned at 6:42 p.m.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Page 25
Item 1.
City of Fort Collins Page 344 City Council Proceedings
March 18, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 5:00 PM
A) CALL MEETING TO ORDER
Mayor Jeni Arndt called the meeting to order at 5:00 p.m. in the City Council Chambers at 300 Laporte
Avenue, Fort Collins, Colorado.
B) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Susan Gutowsky
Councilmember Kelly Ohlson
Councilmember Melanie Potyondy
Councilmember Tricia Canonico
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Interim City Clerk Heather Walls
C) CONSIDERATION OF ITEMS IDENTIFIED IN THE CALL OF SPECIAL MEETING
1. Items Relating to the Conduct of City Council Meetings.
A. Resolution 2024-026 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions.
B. First Reading of Ordinance No. 039, 2024, Amending the City Code to Provide Additional
Procedural Options for the Conduct of City Council Meetings.
The purpose of this item is to update Council meeting rules to reflect and clarify desired
procedures including:
● Expressly allot time for public comment, with options for Council to consider, such as allotting
one hour unless the Mayor or Council acts to extend that or continue public comment later in
the meeting;
● Expressly allowing the Mayor, or Council by majority vote, to relocate a Council meeting that
will be or is being prevented from proceeding due to circumstances in Council Chambers,
including shifting the Council to a location where all public participation is remote only, with a
forty-five minute delay before resuming;
● Upon the adoption of the Ordinance, allowing Councilmembers to attend and vote remotely if a
meeting has been relocated to a remote mode; and
Page 26
Item 1.
City of Fort Collins Page 345 City Council Proceedings
● Expressly allowing Council to set Rules of Procedure that limit public comment to only items
scheduled on the agenda, if it desires to do so at some point in the future.
Assistant City Manager Rupa Venkatesh stated the purpose of this item is to update Council’s rules
and procedures to ensure that Council is able to effectively execute the business of the City as a
legislative policy making body, and also hear from the public. She outlined public meeting rules of
other cities noting many have updated their meeting rule since the pandemic and have allocated a
certain amount of time for general public comment.
Assistant City Manager Venkatesh discussed the proposed options for changes to public comment at
the beginning of Council meetings. One option is to allot a total of one hour, or another amount of
time, at the beginning of the agenda and resume general public comment if additional speakers have
signed up following the consideration of consent and discussion items on the agenda. She noted this
would only apply to general public comment, not to comment on discussion items.
Assistant City Manager Venkatesh outlined the proposed options for Council to address any sort of
disruptions to still allow Council to complete its business. She stated options here could include
adjourning the meeting to a different location, which would still involve FCTV broadcasting the meeting
and public participation would still be allowed, shifting all public participation to a remote option, or
shifting to a fully remote meeting including Councilmembers, which would require a change in the
ordinance and Councilmembers are not currently allowed to vote if they participate remotely.
Assistant City Manager Venkatesh stated a disruption or emergency could be constituted by anything
weather related, a pandemic, City Hall being unusable, or a meeting disruption that does not allow for
Council to conduct its business. She outlined the Code provisions that are being recommended for
updating related to meeting conduct, including an update to align with a state provision regarding open
meetings that was passed in 2021. City Attorney Daggett noted that provision of the Code was last
updated in 2002.
Assistant City Manager Venkatesh outlined the things that are not proposed to be changed, including
the allotment of time for general public comment and public comment on agenda items. Additionally,
Council is still subject to Colorado open meetings rules which includes the prohibition of more than
two Councilmembers to have substantive dialogue in private about City-related matters and members
cannot vote via text message or e-mail.
PUBLIC COMMENT
Nathan Wallace, American Israeli minority, expressed concern about the conduct of individuals at the
last Council meeting which resulted in fearing safety. Wallace supported giving Council the ability to
change meeting locations to ensure the safety of members and the public.
Cheryl Trine commented on the importance of public comment at Council meetings.
G Inguanta expressed disappointment with the proposed changes stating the voices that have been
heard in Chambers represent the will of the people.
Sterling Linville read the response sent to those who sign up for public comment related to public
commented being the bedrock of our democracy. Linville opposed the proposed changes.
Sabrina Herrick opposed the proposed changes and stated the will of the voters should be placed
above the personal opinions of Councilmembers.
Isabella Zapata opposed the proposed changes and encouraged Council, at a minimum, to strike
limiting public comment to what is already on the agenda stating that is anti-democratic.
Page 27
Item 1.
City of Fort Collins Page 346 City Council Proceedings
Ash W. opposed the proposed changes.
Kevin Cross, Northern Colorado Alliance for a Livable Future, opposed the proposed changes. He
stated Council’s actions in the weeks preceding the disruption at the last Council meeting left much to
be desired as it asked a City Commission for a recommendation on a resolution proposed by the
community and then did not even engage in a discussion around that recommendation. Cross
requested Council reconsider its decision not to discuss the Human Relation Commission’s
recommendation on a Gaza cease fire resolution prior to contemplating any changes to it’s rules of
procedure.
Quinn Miller opposed the proposed changes stating public comment is one of the only avenues
available for members of the public to have their voices heard.
Julie Rowan-Zoch opposed the proposed changes.
Cristyn Hypnar opposed the proposed changes.
Nancy York opposed the proposed changes and expressed disappointment that Council did not
discuss the cease fire resolution.
Alex Scott stated public engagement is at its height and stated the protest at the last Council meeting
happened because Council did not respond. Scott opposed the proposed changes.
Brian Tracy opposed the proposed changes to limit public comment but did agree that reasonable
technological steps should be taken to ensure a Council meeting could continue if a disruption occurs.
Miranda Spindel opposed the proposed changes and stated it is important for Council to listen to its
constituents.
Madeline Maher expressed disappointment Council did not take up the Gaza cease fire resolution and
stated the language of the proposed public input resolution is insulting.
Derrin Evans commented on the increase in attacks against City officials and stated safety and the
efficacy of Council business should not be forgotten. Evans stated Council’s job is to do the business
of the City and not respond to every emotional impulse of its constituents.
Jacqueline Zipser opposed the proposed changes and stated listening to concerns of constituents is
a basic obligation of a City Council.
Jeff Wright opposed Council not bringing the cease fire resolution to the table for a conversation and
opposed the proposed changes.
Brenna (no last name given) opposed the proposed changes and stated being opposed to a cease
fire is being against humanity.
Madeleine Grigg opposed the proposed changes.
Dawn Cramer opposed the proposed changes.
Sarah Brooks opposed the proposed changes and stated the power of open, public, in-person
government meetings is profound.
Elwi Borsum stated it is a privilege to speak, but a different privilege to be heard. Borsum opposed
the proposed changes.
Page 28
Item 1.
City of Fort Collins Page 347 City Council Proceedings
Jamie Rasmussen stated the value of public comment within local government cannot be overstated
and the more democracy is threatened, the stronger the will of the people will grow. Rasmussen
opposed the proposed changes.
Alan Braslau, Energy Board member but speaking on his own behalf, expressed support for non-
violent civil disobedience stating it is part of a democracy.
Michael May opposed the proposed changes.
Joe Oberlender discussed the need for accountability and stated the public needs access to public
meetings.
Adam Eggleston stated limiting public comment is a knee jerk reaction to the cease fire movement
and is ignorant to current policies and politics.
Taryn Dowden expressed disappointment in Council’s decision to attempt to limit free speech and
stated future Council elections will reflect the will of the people.
Cori Wong opposed the proposed changes.
Kim Medina opposed the proposed changes and stated Council was elected to represent constituents
in a democratic, participatory fashion. Medina stated Council needs to accept that democracy can be
messy and disruptive.
Michelle Gliszinski expressed support for the proposed changes.
Deana Munoz opposed the proposed changes.
Laura (no last name given) opposed the proposed changes stating they would restrict democracy.
Jonah Salehi opposed the proposed changes.
Ross Cunniff, Land Conservation and Stewardship Board member but speaking on his own behalf,
opposed the proposed changes and stated calling a special meeting at 5:00 PM on a Monday is bad
governance.
Jonesy Winchell opposed the proposed changes.
Gabrielle Friesen opposed the proposed changes stating they would curtail the ability for citizens of
Fort Collins to engage in democracy.
Shimrit Yacobi supported the proposed changes to ensure all voices can be heard in a safe manner.
Sharon Shabtai supported the proposed changes.
Carmen Pauna opposed the proposed changes and questioned the origin of the proposal.
Alli (no last name given) stated the March 5th meeting protest was peaceful and these proposed
changes are retaliation.
Merav Tsubely expressed support for the proposed changes and stated the room was not safe at the
March 5th meeting.
Greg Rosing opposed the proposed changes noting in-person public comment is the only way people
can participate in meetings without making some type of financial investment.
Page 29
Item 1.
City of Fort Collins Page 348 City Council Proceedings
Abbey Feuka commented on the importance of listening and on having good discourse. Feuka
opposed the proposed changes.
Jeremiah (no last name given) expressed concern these changes will cause unrest and desperation.
Jeremiah opposed the proposed changes.
Hanna McCaslin opposed the proposed changes.
Joshua Keen opposed the proposed changes stating individuals only get two minutes per month to
speak.
August-Carter Nelson opposed the proposed changes and requested the language that allows Council
to set rules of procedure that limit public comment to only items scheduled on the agenda be stricken.
Sophia D. opposed the proposed changes, stating Council interests should not be prioritized over
constituents.
Rich Stave concurred with much of what has been said but noted it has been difficult to speak on
agenda items when most of the public comment is taken up by non-agenda items; however, he noted
freedom of speech is a very important issue.
Lindsey Garchar opposed the proposed changes.
Elliot Fladen supported the proposed changes.
Elise Mordos suggested splitting agendas between agenda and non-agenda items and stated the last
Council meeting was violent.
Peter Bachand opposed the proposed changes.
Shehab thanked Mayor Arndt and Councilmember Potyondy for taking his call and expressed concern
about moves to limit public comment. He stated there were protests at the Human Relations
Commission meeting and yet there are no proposals to limit comments at those meetings.
Nate Berg opposed the proposed changes.
Kimberly Conner stated we are living in a time of public distrust in government and stated Council
needs to actively work to gain back public trust. Conner opposed the proposed changes.
Jack (no last name given) opposed the proposed changes.
Anya Kaplan-Hartnett stated it is the year of democracy at CSU and stated more opportunity for public
comment is needed, not less.
Kaori Keyser opposed the language of the resolution.
Blaine (no last name given) opposed the proposed changes.
Claire Kopp stated she was one of the people who glued their fingers to the Chamber wall at the March
5 meeting and opposed the proposed changes. Kopp stated peace is worth nothing unless it is
accompanied by justice.
Lilliam Rivera opposed the proposed changes stating Council meetings are the only time for
constituents to express concerns.
Lief (no last name given) opposed the proposed changes.
Page 30
Item 1.
City of Fort Collins Page 349 City Council Proceedings
Martha Hedrick opposed the proposed changes.
Jennifer Goodrich opposed the proposed changes.
Beth G. opposed the proposed changes, particularly the text that would allow Council to limit
comments to only items on the agenda.
Hayley (no last name given) opposed the proposed changes.
Brendon (no last name given) supported the proposed changes stating they do not limit free speech
but would allow for an environment where productive dialogue can occur.
Cheryl Distaso commented on advocating for social justice for 25 years and on being one of the
individuals who glued themselves to the wall on March 5th. Distaso opposed the proposed changes.
Connor Flynn opposed the proposed changes.
Robin (no last name given) opposed the proposed changes.
Steve Ramer opposed the proposed changes.
Jerry Gavaldon stated controlling public comment will create unintended consequences but stated
security threats did occur at the March 5th meeting and Chamers no longer feels safe.
Judy Pappenfuss stated the United States is a republic, not a democracy, and stated rules need to be
in place and be respected. Pappenfuss opposed changes to public input.
Carrie Harriman opposed the proposed changes.
Adam Hirschold stated one minute is not enough time to speak, particularly for a neurodivergent
individual.
COUNCIL DISCUSSION
Councilmember Potyondy thanked the speakers and opposed limiting public comment in time or
content; however, the purpose of the resolution was to be able to ensure Council gets through its
agenda items. Councilmember Potyondy stated Council is willing and able to listen to uncomfortable
comments and it was unfortunate that there were many folks whose voices did not get to be heard at
the March 5th meeting. Additionally, it was uncomfortable that Councilmembers’ home addresses
were distributed. Councilmember Potyondy stated Council is always listening but may not always
agree, and in the case of the cease fire resolution, her feelings were that the potential benefits did not
outweigh potential harms to the community’s residents, boundaries need to be set in order to be able
to do a good job with the City business, and it is inappropriate for Council to have to weigh the merits
of various global humanitarian crises to determine which of them are deserving of its attention.
Councilmember Ohlson thanked the speakers and noted Council is present to serve the City’s
residents. He stated the use of special meetings should be very limited and should always start at the
same time as regular meetings. In terms of meetings where disruptions occur, Councilmember Ohlson
stated disruptors should be removed from Chambers in an appropriate manner. He stated he would
not support either the resolution or ordinance and suggested an ordinance should never be considered
at a special meeting.
Councilmember Ohlson stated he would like to ensure that no more than two Councilmembers are
ever communicating on public policy issues. Additionally, he stated he supported adoption of a
neutral, nonjudgemental cease fire resolution in concert with the Human Relations Commission
Page 31
Item 1.
City of Fort Collins Page 350 City Council Proceedings
recommendation, but he has not brought that up for a vote because there is not support on Council to
do so and those Councilmembers’ reasons may be just as legitimate as his own.
Councilmember Ohlson stated he would consider allowing for an hour at the beginning of each
meeting for public participation and unlimited at the end.
Councilmember Gutowsky opposed limiting public participation to thirty minutes and supported leaving
the public participation as is stating it is the job of Council to listen to its constituents.
Mayor Pro Tem Francis commented on misinformation noting Council was never considering text
message or email meetings and stated the intent is not to limit public comment, but to consider
rearranging how public comment is made. She commented on complaints related to Council making
decisions on items too late at night and some type of balance needs to be in place. Additionally, she
supported allowing for a relocation of a meeting to a remote setting due to safety concerns and
opposed limiting public comment only to agenda items.
Councilmember Pignataro thanked the speakers and also opposed limiting public comment only to
agenda items. She concurred with Councilmember Potyondy’s comments and stated the return on
investment to adopt a cease fire resolution is not the best move for Council.
Councilmember Canonico thanked the speakers and stated this issue is about balancing hearing from
members of the public and doing the work with which Council is tasked. Additionally, this was not
intended to cut public comment but rather to balance agendas from a timing perspective. She also
opposed limiting public comment only to agenda items and commented on safety concerns for the
families of Councilmembers.
Mayor Arndt expressed appreciation for all members of the public who want to speak and stated the
motivation behind these proposed changes is to ensure all voices are heard. She clarified three
members does not constitute a quorum, but is the number of members that cannot be together
discussing policy. Additionally, Mayor Arndt stated there was never an intent to limit public comment,
have secret meetings, or make changes similar to those made by state legislators.
Councilmember Gutowsky corrected an error in her previous comments, noting her reference to thirty
minutes should have been sixty minutes, to which she remained opposed.
Councilmember Pignataro asked if there would be an option for individuals to voluntarily offer public
comment at the end of the meeting if the time for public comment is split between the beginning and
end of the meeting. Assistant City Manager Venkatesh replied that could be considered.
(**Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Mayor Pro Tem Francis made a motion to adopt Resolution 2024-026. Councilmember
Pignataro seconded the motion.
Councilmember Ohlson asked if there would be any support for postponing consideration of this item
for further work.
Mayor Arndt suggested her intent for the resolution was to have Council meetings begin at 5:00 PM
with proclamations, regular business at 6:00 PM with an hour of public comment followed by
consideration of the consent and discussion agendas, during which there is unlimited public comment
allowed for each item, then a return to open public comment. In terms of the rules and procedures
governing City Council meetings, Mayor Arndt supported striking the language related to allowing
public comment only on agenda items. She supported postponing consideration of the resolution to
correct the language.
Page 32
Item 1.
City of Fort Collins Page 351 City Council Proceedings
Mayor Pro Tem Francis concurred with Mayor Arndt and agreed postponing consideration of the
resolution to ensure it is correct would be appropriate.
Councilmember Potyondy stated the highest priority for her is that unlimited public comment on
unlimited topics is allowed.
Councilmember Canonico concurred.
Councilmember Ohlson suggested the possibility of considering whether the Mayor could outline the
initial public comment time period at the beginning of each meeting to be an hour or longer.
Mayor Pro Tem Francis stated that was an option presented by staff and suggested Council may need
to have a work session to work on details.
Members all expressed support for flexibility.
The vote on the motion was as follows: Ayes: None. Nays: Councilmember Gutowsky, Mayor
Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy, Canonico, and Pignataro.
THE MOTION FAILED 7-0.
Mayor Pro Tem Francis expressed support for having the Leadership Planning Team determine the
best path forward for the resolution. Other members concurred.
Mayor Pro Tem Francis made a motion to adopt Ordinance No. 039, 2024, on First Reading.
Councilmember Gutowsky seconded the motion.
Councilmember Ohlson and other members concurred that the language related to only allowing
public comment on items on the agenda needs to be removed.
Mayor Pro Tem Francis expressed support for adopting the ordinance as it has to do with meetings
that are disrupted.
Councilmember Ohlson proposed a friendly amendment to eliminate ‘but shall not be required to
include time for public comment on items not related to the meeting agenda’ in Section 2-30. Mayor
Pro Tem Francis and Councilmember Gutowsky accepted the amendment.
Councilmember Ohlson stated he would reserve the right to support the ordinance on second reading
and asked why the entire open meetings state law could not be incorporated into the Code. City
Attorney Daggett replied this reference was suggested because the open meetings law has changed
multiple times since the state law was originally changed several years ago; therefore, repeated Code
updates would be required, though it could be done.
Councilmember Potyondy clarified for the public that, if it is determined a meeting needs to be shifted
to remote, ample time to do so would occur and public comment would still be allowed.
Councilmember Ohlson reiterated extenuating circumstances would be the only reason for a shift to a
remote meeting.
Councilmember Canonico stated these changes would allow for the anticipation of future needs to
allow the business of the City to continue.
Councilmember Gutowsky suggested the inclusion of some options for those who cannot participate
remotely should a meeting be required to shift to remote.
Page 33
Item 1.
City of Fort Collins Page 352 City Council Proceedings
Councilmember Potyondy suggested a friendly amendment to use gender inclusive language
throughout the document. Mayor Pro Tem Francis and Councilmember Gutowsky accepted the
amendment.
The vote on the amended motion was as follows: Ayes: Mayor Arndt, Mayor Pro Tem Francis,
Councilmembers Potyondy, Canonico, Pignataro, and Gutowsky. Nays: Councilmember
Ohlson.
THE MOTION CARRIED 6-1.
C) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:35 p.m.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Page 34
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations, Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte Avenue
Multimodal Improvement Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to receive
and expend Colorado Department of Transportation (CDOT) funds for the Laporte Avenue Multimodal
Improvement Project (Laporte Project). The funds will be used for construction of improvements along
Laporte Avenue from Fishback Avenue to Sunset Street. If approved this item: 1) appropriates $2,500,000
of Transportation Alternative grant funds for the Laporte Project; 2) uses $122,727 from the Bicycle
Infrastructure Improvements Community Capital Improvement Program (CCIP Bike Program) as part of the
local match; 3) uses $102,273 from the Pedestrian Infrastructure Improvements Community Capital
Improvement Program (CCIP Pedestrian Program) as part of the local match; 4) appropriates as part of
the local match contribution $223,425 from the Transportation Capital Expansion Fee Reserves (TCEF);
5) appropriates as part of the local match contribution $222,750 from General Fund Reserves; 6)
appropriates $1,755 (0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP)
from TCEF Reserves to the Art in Public Places Program; 7) appropriates $495 (0.22% of the TCEF amount
of the 1% contribution to APP) from the Transportation Fund Reserves to the Art in Public Places Program;
and 8) appropriates $2,250 (1% of the General Fund amount) from the General Fund to the Art in Public
Places Program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane arterial roadway. Most of the
roadway within the Laporte Project limits lacks adequate bicycle and pedestrian facilities including
sidewalk, bike lanes, curb and gutter. The roadway experiences heavy bicycle and pedestrian traffic
especially with Poudre High School, and many residential neighborhoods and businesses being located
adjacent to the Laporte Project limits. Several near misses and at least one serious vehicle-pedestrian
accident have occurred in 2015 within the Laporte Project limits. The corridor currently experiences a
higher-than-expected volume of traffic accidents due to the lack of adequate infrastructure. Laporte Avenue
is master planned to be on the City’s low-stress bicycle network. The Laporte Project will address the safety
concerns and lack of multimodal infrastructure.
Page 35
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
In 2019, the City applied for two grants: a federal Transportation Alternatives Program (TAP) grant and a
state Multimodal Transportation and Mitigation Options Fund (MMOF) grant. In 2020 the TAP and MMOF
funds were awarded to the City through the North Front Range Metropolitan Planning Organization
(NFRMPO) and the Colorado Department of Transportation (CDOT) for the design, right-of-way
acquisition, and construction of the Laporte Project. In 2021 the City applied for and was awarded the
Revitalizing Mainstreet (RMS) Grant. These grant funds along with Transportation Capital Expansion Fee
(TCEF) Program funds and Transportation Services funds used as the required matching funds were
appropriated in 2022 via Resolution 2022-027. These funds were used to fund design, right-of-way
acquisition, and partial construction.
In 2023, the City applied for and was awarded $2,500,000 in additional TAP funds through the NFRMPO.
These funds are required to complete construction of the Laporte Project planned for 2024. These grant
funds require a 20% matching funds obligation from the local agency. General Fund, CCIP Bike Program,
CCIP Pedestrian Program, and TCEF program funds will be used for the local match portion, as well as an
additional $50,000 in overmatch funds. This local funding scenario was brought before the Council Finance
Committee on February 23, 2024, and approved.
Per Chapter 23 of the City Code, Article XII (addressing Art in Public Places), Section 23-304, all
appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to
one percent of the estimated cost for works of art. Funds from all three grants are ineligible for use toward
public art. Community Capital Improvement Program (CCIP) funds have already satisfied the required
contribution to public art for the initial appropriation. For the proposed appropriation the total Art in Public
Places funds to be appropriated is $4,500. This item will transfer $1,750 of the TCEF appropriations and
$2,250 of the General Fund appropriations to the Art in Public Places Program. Staff has identified the
Transportation Services Fund Reserves as a means to provide the additional $750 needed to provide long-
term maintenance for the art.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Laporte Avenue Multimodal Improvement Project:
Prior Appropriated Funds
Community Capital Improvement Program (CCIP) Local Funds
(2017-2018 BFO Offer 1.7) $300,000
Transportation Alternative Program (TAP) Grant Funds $750,000
Multimodal Options Funds (MMOF) Grant Funds $250,000
Revitalizing Mainstreet (RMS) Grant Funds $1,437,500
Transportation Capital Expansion Fee (TCEF) Funds $388,830
Transportation Services Fund Reserves $1,170
Total Prior Appropriation $3,127,500
Funds to be Appropriated with this Action
Transportation Alternative Program (TAP) Grant Funds $2,500,000
Community Capital Improvement Program (CCIP) Bike Program* $122,727
Community Capital Improvement Program (CCIP) Pedestrian
Program* $102,273
Transportation Capital Expansion Fee (TCEF) Funds Reserves $225,000
General Fund Reserves $225,000
Page 36
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Transportation Services Fund Reserves (for Art in Public Places
contribution) $495
Total Funds to be Appropriated per this Action $3,175,495
Transfer to Art in Public Places $4,500
Total Project Funds $6,302,995
*These funds were previously appropriated through the 23-24 BFO Cycle and were transferred to the
Capital Projects Fund and appropriated therein but are noted in this action as they will be used as part of
the TAP grant’s local match.
The total fund amount projected for this Laporte Project is $6,302,995 composed of funds appropriated
with prior actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented this Laporte Project to the Council Finance Committee on August 11, 2021, and February
23, 2024. The Laporte Project was also presented to the Transportation Board as well as the Bicycle
Advisory Committee in 2020. Council Finance Committee supports an out of cycle supplemental
appropriation for the Transportation Alternative Program local match to fund construction for the Laporte
Project.
PUBLIC OUTREACH
Staff has developed a comprehensive Public Engagement Plan for the Laporte Project. Staff has discussed
and presented conceptual level drawings at several public outreach events with an open house in October
of 2019, two public meetings held on May 1, 2023, and May 23, 2023, and the Transportation Fair in
February of 2023 and February 2024. A project website is regularly updated with project information and
upcoming milestones.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 37
Item 2.
-1-
ORDINANCE NO. 038, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING
PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE LAPORTE AVENUE MULTIMODAL
IMPROVEMENT PROJECT AND RELATED ART IN PUBLIC PLACES
A. Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway. The roadway experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses locate d in
this corridor. The corridor currently experiences a higher-than-expected volume of traffic
accidents due to the lack of adequate infrastructure.
B. The Laporte Avenue corridor between Fishback Avenue and Sunset Street
currently has several gaps in bicycle and pedestrian facilities. Many locations lack
sidewalks, curbs, and gutters, and the bike lanes are often narrow and not well defined.
The corridor also provides access to Poudre High School and has significant bicycle and
pedestrian activity with the proximity of the school and residential neighborhoods.
C. There have been several near misses in recent years involving bicyclists
and pedestrians and at least one serious vehicle -pedestrian accident in 2015 in this
Laporte Avenue corridor.
D. A precursor project, the Laporte Bridges Project, has begun to address
safety issues in this corridor by replacing and widening two previously deficient bridges
on Laporte Avenue over the New Mercer Canal, just north of Grandview Cemetery.
E. The Laporte Avenue Multimodal Improvement Project (Laporte Project) has
been developed to improve vehicular, bicycle, and pedestrian safety along the Laporte
Avenue corridor by addressing deficient sidewalks, adding bicycle lanes, and adding a
center reversible turn lane, upgrading the roadway with curb and gutter, improving
drainage along the corridor, and installing other traffic improvements.
F. The Laporte Project will install improvements from Fishback Avenue to
Sunset Street and will also include improvements to the intersection at Taft Hill and
Laporte.
G. Laporte Avenue is identified in the City’s 2014 Bicycle Master Plan as part
of the City’s Low Stress Bicycle Network and is recognized by the North Front Range
Metropolitan Planning Organization (NFRMPO) as a high priority for bicycle and
pedestrian improvements.
H. In 2020, the City was awarded two grants: a federal Transportation
Alternatives Program (TAP) grant and a state Multimodal Options Fund (MMOF) grant.
The funds were awarded to the City through the NFRMPO and the Colorado Department
of Transportation (CDOT) for the design, right-of-way acquisition, and construction of the
Laporte Project. In 2021 the City was awarded the Revitalizing Mainstreet (RMS) Grant.
These grant funds along with Transportation Capital Expansion Fee (TCEF) Program
Page 38
Item 2.
-2-
funds and Transportation Services funds used as the required matching funds were
appropriated in 2021 via Ordinance No. 155, 2021. These funds were used to fund design,
right-of-way acquisition, and partial construction.
I. In 2023 the City applied for and was awarded $2,500,000 in additional TAP
funds through the NFRMPO. These funds are required to complete construction of the
Laporte Project planned for 2024. These grant funds require a 20% matching funds
obligation from the local agency. General Fund, Bicycle Infrastructure Improvements
Community Capital Improvement Program (CCIP Bike Program), Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP
Pedestrian Program), and TCEF program funds will be used for the lo cal match portion,
as well as an additional $50,000 in overmatch funds.
J. City staff presented this Laporte Project to the Council Finance Committee
on August 11, 2021, and February 23, 2024. The Laporte Project was also presented to
the Transportation Board as well as the Bicycle Advisory Committee in 2020. Council
Finance Committee supports an out of cycle supplemental appropriation for the TAP local
match to fund construction for the Laporte Project.
K. CDOT administers the grant funds for the Laporte Project. In 2022, via
Resolution 2022-027, the City Council authorized execution of an intergovernmental
agreement (IGA) with CDOT.
L. CDOT has proposed an amendment to the IGA to enable the City to receive
and expend the additional grant funds to continue to address the safety concerns and
lack of multimodal infrastructure.
M. These appropriations benefit public health, safety, and welfare of the
residents of Fort Collins and serve the public purpose of promoting safer travel across
multiple modalities and improving the transportation infrastructure within the City.
N. 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, does not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
O. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and prev iously 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.
P. 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
Page 39
Item 2.
-3-
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
Q. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee Fund, the General Fund, and the
Transportation Services Fund, as applicable, and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund, the General Fund, or the
Transportation Services Fund, as applicable, to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in these funds during this fiscal
year.
R. Article V, Section 10 of the City Charter autho rizes 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.
S. The City Manager has recommended the transfer of $122,727 from the
CCIP Bike Program in the Capital Projects Fund and $102,273 from the CCIP Pedestrian
Program in the Capital Projects Fund to the Laporte Avenue Multimodal Improvement
Project in the Capital Projects Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
T. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or 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 completion of the capital project
or 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.
U. The City Council wishes to designate the appropriation herein for the TAP
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.
V. The City Council wishes to designate the appropriation s herein for the
Laporte Avenue Multimodal Improvement Project as appropriations that shall not lapse
until the completion of the Laporte Project.
W. This Laporte Project involves construction estimated to cost more than
$250,000 and, as such, City Code Section 23 -304 requires one percent of these
appropriations to be transferred to the Cultural Services and Facilities Fund for a
contribution to the Art in Public Places program (APP Program).
Page 40
Item 2.
-4-
X. A portion of the funds appropriated in this Ordinance for the Laporte Project
are ineligible for use in the APP Program due to restrictions placed on them by the
Colorado Department of Transportation, the source of these funds.
Y. A portion of the funds appropriated in this Ordinance for the Laporte Project
have already been used for contribution to the APP Program.
Z. The project cost of $450,000 has been used to calculate the contribution to
the APP program.
AA. The amount to be contributed in this Ordinance will be $4,500.
In light of the foregoing recitals, which the Council he reby 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
Capital Projects Fund the sum of TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS ($2,500,000) to be expended in the Capital Projects Fund for the Laporte
Avenue Multimodal Improvement Project.
Section 2. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWENTY-TWO THOUSAND SEVEN HUNDRED TWENTY-SEVEN
DOLLARS ($122,727) is authorized for transfer from the CCIP Bike Program in the
Capital Projects Fund to the Laporte Avenue Multimodal Improvement Project in the
Capital Projects Fund and appropriated therein to be expended for the bicycle network.
Section 3. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWO THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS
($102,273) is authorized for transfer from the CCIP Pedestrian Program in the Capital
Projects Fund to the Laporte Avenue Multimodal Improvement Project in the Capital
Projects Fund and appropriated therein to be expended for improvements to the
pedestrian facilities.
Section 4. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of TWO HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($225,000) to be expended in the Transportation Capital
Expansion Fee Fund for transfer to the Capital Projects Fund and appropriated therein
for the Laporte Avenue Multimodal Improvement Project .
Section 5. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) to
be expended in the General Fund for transfer to the Capital Projects Fund and
appropriated therein for the Laporte Avenue Multimodal Improvement Project.
Section 6. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of FOUR HUNDRED NINETY-FIVE DOLLARS
($495) to be expended in the Transportation Services Fund for transfer to the Capital
Page 41
Item 2.
-5-
Projects Fund and appropriated therein for the Laporte Avenue Multimodal Improvement
Project.
Section 7. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FIVE HUNDRED TEN DOLLARS ($3,510) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP Program.
Section 8. The unexpended and unencumbered appropriated amount of NINE
HUNDRED DOLLARS ($900) in the Capital Projects Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 9. The unexpended and unencumbered appropriated amount of
NINETY DOLLARS ($90) in the Capital Projects Fund is hereby authorized for transfer to
the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP Program.
Section 10. The appropriation herein for the Transportation Alternatives Program
grant is 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.
Section 11. The appropriations herein for the Laporte Avenue Multimodal
Improvement Project are appropriations that shall not lapse until the completion of the
Laporte Project.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Heather N. Jarvis
Page 42
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Ochsner, Director, Operation Services
Kerri Ishmael, Grants Administration
SUBJECT
Second Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the General
Fund of Grant Funds from the Colorado Department of Public Health and Environment and
Appropriating Prior Year Reserves in the Water Fund to Support Transitioning City Fossil Fuel
Vehicles to Clean Energy Vehicles.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the City of Fort Collins
(City) in transitioning fossil fuel vehicles to clean energy vehicles as a measure of reducing greenhouse
gas emissions to achieve maximum air quality benefits for the people of Fort Collins and Colorado.
The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT) grant
program in support of the City purchasing clean energy vehicles that align with vehicles approved through
the State’s CFVT grant program. The awarded funds will support purchase of approved vehicles, with the
City contributing the remaining needed funds. Based on needs of City departments, Operation Services
and departments within City Utilities will be funding the additional funds needed for purchase of approved
vehicles.
Approval of this item will support the City in transitioning fossil fuel fleet vehicles to clean energy by:
● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant
program; and
● Appropriating $96,504 from Water Fund reserves.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Through Colorado Senate Bill 21-260 (Sustainability of the Transportation System) the Clean Fleet
Enterprise was created within the Colorado Department of Public Health and Environment (CDPHE) for
the purpose of incentivizing and supporting the use of light, medium, and heavy-duty electric motor vehicles
and other clean fleet technologies by owners and operators of motor vehicle fleets.
Page 43
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Operation Services was successful in the request for $910,000 to purchase, in part, clean energy light,
medium and heavy-duty vehicles that will support operations of City departments within Utilities and
Operation Services. These electric and renewable natural gas vehicles will assist in helping the City
accomplish “Our Climate Future” goals and directly aligns with “Big move #13 – electric cars and fleets” in
the City’s Our Climate Future Plan.
The grant award provides upwards of $910,000 for approved vehicle purchases. The CFVT grant program
provides funding up to a certain dollar amount or cost share, depending on vehicle type. Approved vehicles
to be purchased include one (1) electric street sweeper, five (5) electric light duty pickups, and four (4)
renewable natural gas dump trucks. Each approved vehicle type for which the $910,000 will fund in part
requires the City covering the remaining purchase price. Estimates based on current vendor quotes for the
ten (10) approved vehicle types provide the City contributing an estimated $1.1 million. The estimated $1.1
million will be funded from (1) existing 2024 appropriated funds in the General Fund, Light and Power Fund,
Water Fund and Stormwater Fund and (2) from Water Fund reserves, which is based on needs of
departments within these funds for such vehicles.
Based on recommendation of the City’s Attorney Office, the City asked CDPHE to make some minor
changes to some provisions of the grant agreement (Attachment 2) to reduce confusion around their
application to local governments. CDPHE advised that they are unable to negotiate the terms and
conditions of the CFVT grant template. Notwithstanding the grant agreement not incorporating the City’s
recommended changes, City staff recommends that Council authorize the Mayor to execute the grant
agreement with the City and the State of Colorado in support of purchases of the approved clean energy
vehicles, and City staff will attempt to work with the State to revise language for future intergovernmental
agreements.
CITY FINANCIAL IMPACTS
This item appropriates $910,000 in unanticipated revenue in the General Fund from the State’s CFVT grant
program in support of replacing City fossil fuel vehicles with clean energy vehicles.
This item also appropriates $96,504 in Water Fund reserves to be spent in the Water Fund to be used
toward purchase of an approved CFVT grant program vehicle. These funds were appropriated in 2023 and
have lapsed due to a delay in finalizing the grant agreement.
The award from the State is a reimbursement type award, meaning General Fund expenses will be
reimbursed up to $910,000.
The remaining amount needed for purchases of the approved vehicle types through the CFVT grant
program will come from existing 2024 appropriations in the Light and Power Fund, Water Fund, Stormwater
Fund, and General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 44
Item 3.
-1-
ORDINANCE NO. 040, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION IN THE
GENERAL FUND OF GRANT FUNDS FROM THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER
FUND TO SUPPORT TRANSITIONING CITY FOSSIL FUEL
VEHICLES TO CLEAN ENERGY VEHICLES
A. The City’s Operation Services Department applied for, and has been
awarded, a $910,000 Clean Fleet Enterprise Grant from the Colorado Department of
Public Health and Environment (the “Grant”).
B. The City can request the Grant funds through February 14, 2029, as
reimbursement for a portion of the cost of purchasing clean energy vehicles. The vehicles
the City intends to purchase include one electric street sweeper, five electric light duty
pickups, and four renewable natural gas dump trucks at a total estimated cost of
$2,010,000.
C. The City would cover the remaining $1.1 million of the purchase price for
the vehicles from existing 2024 appropriated funds in the General Fund, Light and Power
Fund, Water Fund, and Stormwater Fund, plus $96,504 to be appropriated from Water
Fund reserves, based on which departments would be using the vehicles.
D. These appropriations benefit the public health, safety and welfare of the
residents of Fort Collins and serve the public purpose of reducing greenhouse gas
emissions to achieve maximum air quality benefits for the people of Fort Collins and
Colorado.
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. Article V, Section 9 of the City Charter also 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.
G. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the General Fund and the Water Fund and will not cause the total amount
appropriated in either Fund, as applicable, to exceed the current estimate of actual and
Page 45
Item 3.
-2-
anticipated revenues and all other funds to be received in these Funds 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 .
I. The City Council wishes to designate the appropriation herein from the
Clean Fleet Vehicle and Technology (“CFVT”) 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 NINE HUNDRED TEN THOUSAND DOLLARS ($910,000) to
be expended in the General Fund for the purchase of clean energy vehicles.
Section 2. There is hereby appropriated from prior year reserves in the Water
Fund the sum of NINETY-SIX THOUSAND FIVE HUNDRED FOUR DOLLARS ($96,504)
to be expended in the Water Fund for the purchase of a clean energy vehicle.
Section 3. The appropriation herein for the CFVT 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 March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Ingrid Decker
Page 46
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Director, Civil Engineering
Brad Buckman, City Engineer
SUBJECT
Second Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the Capital
Projects Fund of Colorado Department of Transportation Alternative Program Grant Funds and the
Congestion Mitigation and Air Quality Grant Funds, for the Power Trail and Harmony Grade
Separated Crossing Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to receive
and expend federal pass-thru funds for the Power Trail and Harmony Grade Separated Crossing Project
(the Project). The funds will be used for construction of a pedestrian and bicycle underpass located
approximately 500 feet west of the intersection of Harmony Road and Union Pacific Railroad. If approved
this item will:
● Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds for the
Project; and
● Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the Project.
Previously appropriated funds will be used for local match requirements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Project will design, acquire any necessary right-of-way for, and construct a trail underpass for the
Power Trail crossing at Harmony Road. A separate project will construct trail connections north and south
of Harmony Road to connect the underpass with the existing Power Trail.
The current route for the Power Trail directs bicycles and pedestrians to use the City roadway network
north and south of Harmony Road, and cross Harmony Road at-grade at McMurry Avenue. Several
residential neighborhoods are south of Harmony Road near the Project location, and several destinations
are north of Harmony Road including multiple schools, businesses, a park and a golf course. The existing
at-grade crossing has been the scene of several severe crashes involving vulnerable road users in recent
years, resulting in a cyclist fatality. This Project will complete the last gap in the Power Trail, providing
connectivity from the Poudre River Corridor to the Big Thompson Corridor. The City is also working through
Page 47
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
design and construction of multiple projects to connect the Power Trail to the local trail network and
residential communities in southeast Fort Collins, including the pedestrian overpass crossing the Union
Pacific Railroad tracks south of Harmony Road connecting the Mail Creek Trail heading east to Bacon
Elementary, a future school side park, and several existing communities via an underpass of Timberline
Road. Additionally, several residential developments near the Power Trail are in design and construction,
adding to future trail demand and potential diversion of vehicle trips. Finally, the Power Trail is regionally
significant and identified in the North Front Range Metropolitan Planning Organization (NFRMPO) Regional
Active Transportation Plan as part of the Front Range Trail (West) adopted in July 2021.
In 2016, the City applied for and was awarded $800,000 through a federal Transportation Alternatives
Program (TAP) grant. These TAP funds were awarded to the City, programmed for FY2020, through the
NFRMPO and CDOT for the construction of the Project (Attachment 4).
In 2022, the City was awarded a CMAQ grant for $2,700,000. These CMAQ funds were awarded to the
City, programmed for FY2023-FY2024 through the NFRMPO and CDOT for the construction of the Project
(Attachment 5 – Note the $2.7 million corresponds to CMAQ funding for FY2023, FY2024 and FY2025).
In 2023, the City applied for and was awarded $3,239,300 in additional CMAQ funds through the NFRMPO
(Attachment 5). These funds are required to complete construction of the Project planned for 2025.
As demonstrated in the CMAQ Grant Award Letter (Attachment 5), an additional $3,239,300 in CMAQ
funds are programmed for FY2026. These CMAQ funds will be requested for appropriation along with
additional City funds required to complete the project as part of the City’s 2025-2026 Budget.
CITY FINANCIAL IMPACTS
This item appropriates $3.5 million in costs to support the Power Trail and Harmony Grade Separated
Crossing Project from:
$2.7 million in unanticipated CMAQ funds (17.21% local match to be met with previously appropriated
CCIP funds)
$800,000 in unanticipated TAP funds (20% local match to be met with previously appropriated CCIP
funds)
Both the CMAQ and TAP funds apply on a reimbursement basis, meaning Capital Project Funds expenses
will be reimbursed up to $3.5 million.
The City’s required local match and overmatch funds were previously appropriated as follows:
Prior Appropriated Funds
Transportation Capital Expansion Fee (TCEF) Funds $399,120
Transportation Fund $880
CCIP – Ped/Bike Grade Separated Crossing $2,900,000
Total Prior Appropriation $3,700,000
Funds to be Appropriated with this Action
Transportation Alternative Program (TAP) Grant Funds $800,000
Congestion Mitigation and Air Quality (CMAQ) Grant $2,700,000
Total Funds to be Appropriated per this Action $3,500,000
Page 48
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Based upon appropriations under this Ordinance combined with previously appropriated funds, as noted
above, a total of $7,200,000 is available to support completion of the Project.
As demonstrated in the CMAQ Grant Award Letter (Attachment 5), an additional $3,239,300 in CMAQ
funds are programmed for FY2026. These CMAQ funds will be requested for appropriation along with
additional City funds required to complete the Project as part of the City’s 2025-2026 Budget.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Bicycle Advisory Committee
Commission on Disabilities
Transportation Board
Parks and Recreation Advisory Board
PUBLIC OUTREACH
Staff have developed a Public Engagement Plan for the Project. Staff has discussed and presented
conceptual level drawings and renderings at several public outreach events including Kinard MS FC Moves
Outreach Event, 2023 and 2024 Transportation Project Fairs and an upcoming Kruse ES Bike to School
Day Open House. A Project website is regularly updated with Project information and upcoming milestones.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 49
Item 4.
-1-
ORDINANCE NO. 041, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE CAPITAL
PROJECTS FUND OF COLORADO DEPARTMENT OF
TRANSPORTATION ALTERNATIVE PROGRAM GRANT FUNDS
AND THE CONGESTION MITIGATION AND AIR QUALITY
GRANT FUNDS, FOR THE POWER TRAIL AND HARMONY
GRADE SEPARATED CROSSING PROJECT
A. This Ordinance concerns construction of and funding for a pedestrian and
bicycle underpass to extend the Power Trail in the vicinity of East Harmony Road.
B. The Power Trail provides a north-south route through Fort Collins in two
disconnected segments along the west side of the Union Pacific Railroad, traveling past
neighborhoods, open spaces, two parks, Collindale Golf Course, and Kruse Elementary
School. The Trail’s northern end begins at Edora Park and stretches to just north of
Harmony Road via Golden Meadows Park, stopping at McMurry Avenue. The Trail
resumes at Keenland Drive to the west side of the railroad, travels to Trilby Road and
then continues south along Stanton Creek to the Carpenter Road underpass and a
connection to the Larimer County Front Range Trail and the Loveland Boyd Lake trail.
C. The current route for the Power Trail directs bicycles and pedestrians to use
the City roadway network north and south of Harmony Roa d, which involves crossing
Harmony Road at-grade at McMurry Avenue. Several residential neighborhoods are
south of Harmony Road near the Trail, and several destinations are north of Harmony
Road including multiple schools, businesses, parks, and a golf course. The existing at-
grade crossing has been the scene of several severe crashes involving vulnerable road
users in recent years, including a crash resulting in a cyclist fatality.
D. The Power Trail and Harmony Grade Separated Crossing Project (the
“Project”) has been developed to improve bicycle and pedestrian safety and to facilitate
trail connectivity. The Project will design, acquire any necessary right-of-way for, and
construct a trail underpass for the Power Trail crossing at Harmony Roa d. A separate
project will construct trail connections north and south of Harmony Road to connect the
underpass with the existing Power Trail. Together, this Project and the trail connections
work will complete the last gap in the Power Trail, providing connectivity from the Poudre
River Corridor to the Big Thompson Corridor.
E. The Project is one of multiple projects to connect the Power Trail to the local
trail network and to current and future residential communities, schools, and parks in
southeast Fort Collins. Current and future developments will add to trail demand and a
robust trail network will potentially divert vehicle trips.
F. The Power Trail is regionally significant and identified in the North Front
Range Metropolitan Planning Organization (the “NFRMPO”) Regional Active
Transportation Plan as part of the Front Range Trail (West) adopted in July 2021 . The
Page 50
Item 4.
-2-
grade separated crossing is identified in the City’s 2014 Bicycle Master Plan as a bicycle
network priority.
G. City staff presented the Project to the Bicycle Advisory Committee, the
Commission on Disabilities, the Transportation Board, and the Parks and Recreation
Advisory Board, all of whom support the Project.
H. In 2016, the City applied for and was awarded $800,000 through a federal
Transportation Alternatives Program (“TAP”) grant. These TAP funds were awarded to
the City, programmed for FY2020, through the NFRMPO and Colorado Department of
Transportation (“CDOT”) for the construction of the Project.
I. In 2022, the City was awarded a Congestion Mitigation and Air Quality
(“CMAQ”) grant for $2,700,000. These CMAQ funds were awarded to the City,
programmed for FY2023-FY2024, through the NFRMPO and CDOT for the construction
of the Project.
J. In 2023, the City applied for and was awarded $3,239,300 in additional
CMAQ funds through the NFRMPO. These funds are required to complete construction
of the Project planned for 2025. The additional $3,239,300 in CMAQ funds are
programmed for FY2026 and will be requested for appropriation along with additional City
funds required to complete the Project as part of the City’s 2025 -2026 Budget.
K. CDOT administers the grant funds for the Project and has proposed an
intergovernmental agreement (the “IGA”) to enable the City to receive and expend the
grant funds to continue to address safety concerns and to further develop the City’s
transportation infrastructure and interconnected trail network. The proposed IGA requires
the City to provide matching funds in the amount of $1,434,635.
L. The feasibility study and design phases that preceded the Project and the
City’s required local match and overmatch funds were previously appropriated from
Transportation Capital Expansion Fee funds, the Transportation Fund, and Community
Capital Improvement Program funds for pedestrian and bicycle grade separated
crossings.
M. The appropriations for this Project benefit public health, safety, and welfare
of the residents of Fort Collins and serve the public purpose of promoting safer travel
across multiple modalities and improving the transportation infrastructure within the City.
N. 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.
Page 51
Item 4.
-3-
O. 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.
P. 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.
Q. The City Council wishes to designate the appropriation s herein for the
CDOT TAP grant and CMAQ grant as appropriations that shall not lapse until the earlier
of the expiration of the grants or the City’s expenditure of all funds received from such
grants.
R. All of the funds appropriated in this Ordinance for the Project are ineligible
for use in the APP Program due to restrictions placed on them by CDOT, the source of
these funds.
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
Capital Projects Fund the sum of EIGHT HUNDRED THOUSAND DOLLARS ($800,000)
to be expended in the Capital Projects Fund for the Project.
Section 2. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of TWO MILLION SEVEN HUNDRED THOUSAND
DOLLARS ($2,700,000) to be expended in the Capital Projects Fund for the Project.
Section 3. The appropriations herein for the CDOT TAP grant and CMAQ grant
are hereby designated, as authorized in Article V, Section 11 of the City Charter, as
appropriations that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grants or the City’s expenditure of all funds received from such
grants.
Page 52
Item 4.
-4-
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Heather N. Jarvis
Page 53
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Amanda King, Communications/Public Involvement Director
Dean Klingner, Community Services Director
Chris Martinez, IES Financial Planning and Analysis Manager
SUBJECT
Second Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities, Tourism Programming, and
Convention and Visitor Program Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, appropriates $560,178, of
which $392,125 is proposed for Convention and Visitors Bureau, $140,044 is proposed for Cultural
Development and Programming Activities (Fort Fund), and $28,009 is proposed for Tourism
Programming (Fort Fund) all from unanticipated 2023 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO)
cycle and then adjusted annually as needed based on final actual collections. For 2023, total Lodging tax
revenues collected came in $560,178 above projected collections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Section 25-44 of the City Code requires that 75% of the total lodging tax receipts be used for the
promotion of convention and visitor activities in the City and 25% of receipts be used for cultural
development and programming activities in the City. Actual revenue collected is appropriated based on
this allocation formula and any excess revenue and budget savings are reserved for these activities in
the General Fund.
Pursuant to a contract with the Fort Collins Convention and Visitors Bureau (FCCVB), the C ity has paid a
portion of lodging tax receipts to the FCCVB since 2011 for delivery of convention and visitors
programming services in furtherance of the City Code requirement. The amount due for convention and
visitors programming is appropriated based on prior year receipts and paid annually to FCCVB after the
close of the prior tax year.
Page 54
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
When actual lodging tax receipts exceed the anticipated amount appropriated for cultural development
and programming activities, the City also appropriates additional funds and adjusts the amount allocated
for those activities in the year following the year in which the tax is collected. Appropriated lodging tax
revenues remaining unspent at the end of the tax year lapse into the General Fund and may be
appropriated the following year for the same purposes as they were originally appropriated.
The actual tax revenue collected during the 2023 tax year, as determined March 2024, was $560,178
more than the Lodging tax revenue anticipated and appropriated for expenditure in 2024. Accordingly,
upward adjustments to the 2024 appropriations under Section 25-44 of the City Code are required. These
appropriation adjustments are described below.
CITY FINANCIAL IMPACTS
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 55
Item 5.
-1-
ORDINANCE NO. 042, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR CULTURAL DEVELOPMENT AND PROGRAMMING
ACTIVITIES, TOURISM PROGRAMMING AND CONVENTION
AND VISITOR PROGRAM SERVICES
A. Section 25-244 of the Code of the City of Fort Collins requires allocation of
lodging tax revenue as follows: 75% for the promotion of convention and visitor activities
and 25% for cultural development and programming activities.
B. Lodging Tax revenue was estimated at $1,900,000 for 2023 and
appropriated; however, actual Lodging Tax receipts were greater than projected .
C. At the end of 2023, a total of $2,460,178 in Lodging Tax revenues had been
collected and the unspent portions lapsed into the General Fund Reserves for Lodging
Tax programs and activities.
D. Unanticipated Lodging Tax revenue in the amount of $560,178 held in the
General Fund Reserves is to be appropriated for each of the Lodging Tax programs and
activities as follows:
Cultural Development and Programming $140,044
Tourism Programming $28,009
Fort Collins Convention and Visitors Bureau $392,125
E. These additional funds will help support a future Fort Fund grant process.
F. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of promoting visitor activity and cultural
development and programming activities.
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 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.
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 other funds to
be received in this Fund during this fiscal year.
I. The City wishes to appropriate funds allocated for Cultural Development
and Programming and Tourism Programming.
Page 56
Item 5.
-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 prior year reserves in the General
Fund the sum of ONE HUNDRED FORTY THOUSAND FORTY-FOUR DOLLARS
($140,044) to be expended in the General Fund for Cultural Development and
Programming activities.
Section 2. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWENTY-EIGHT THOUSAND NINE DOLLARS ($28,009) to be
expended in the General Fund for the Tourism Programming.
Section 3. There is hereby appropriated from prior year reserves in the General
Fund the sum of THREE HUNDRED NINETY-TWO THOUSAND ONE HUNDRED
TWENTY-FIVE DOLLARS ($392,125) to be expended in the General Fund for the
Convention and Visitors Bureau.
Introduced, considered favorably on first reading on the March 19, 2024, and
approved on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Jenny Lopez Filkins
Page 57
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
Second Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received in the
General Fund By City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests appropriation of
$30,000 in philanthropic revenue received by City Give for Fort Collins Police Services for the 2024 Police
Leaders’ Summit as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Fort Collins Police Services is honored to host the inaugural Police Leadership Summit in 2024. This three-
day-event will bring law enforcement leaders together from across the country to cast a vision for the future
of community policing.
The purpose of this item is to request appropriation of two gifts: $25,000 received from the Daniels Fund
and $5,000 received from Angel Armor designated for the 2024 Police Leaders’ Summit by the donors.
The Daniels Fund, located in Denver, Colorado, is a private charitable foundation dedicated to making life
better for the people of Colorado, New Mexico, Utah, and Wyoming through its grants program, scholarship
program, and ethics initiatives. Fort Collins-based Angel Armor is an industry leader in proactive law
enforcement solutions and personal safety equipment. The charitable support represents a valued
investment in Fort Collins Police Services’ national leadership.
The Police Leadership Summit will serve as a platform for shared best practices, round table discussions,
and for industry partners to showcase systems and tools vital for effective and responsible policing in the
21st century. Early in the planning stages, the Fort Collins-based summit will address topics such as
Community Policing, Recruiting & Retention, Retail Theft, the Science behind Crime Prevention, and
Homelessness Response. Invitees will represent municipalities, federal law agencies, sheriffs,
representatives from The Police Executive Research Forum, and law enforcement experts who have
administered Consent Decrees (agreements between cities and Federal Government to fix areas of
concern).
Page 58
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The purpose of this item is to request appropriation of $30,000 philanthropic revenue received by City Give
for Fort Collins Police Services from the Daniels Fund and Angel Armor.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $30,000 in philanthropic revenue received by City Give for Fort Collins
Police Services. The funds have been received and accepted per the 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 59
Item 6.
-1-
ORDINANCE NO. 043, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES RECEIVED IN THE
GENERAL FUND BY CITY GIVE FOR FORT COLLINS POLICE
SERVICES FOR THE 2024 POLICE LEADERS’ SUMMIT
A. Fort Collins Police Services is honored to host the inaugural Police
Leadership Summit in 2024 in a three-day event that will bring law enforcement leaders
together from across the country to cast a vision for the future of community policing .
B. Attendees at the Police Leadership Summit will repres ent municipalities,
federal law agencies, sheriffs, representatives from the Police Executive Research
Forum, and law enforcement experts who have administered Consent Decrees
(agreements between cities and Federal Government to fix areas of concern).
C. The Fort Collins-based summit will address topics such as community
policing, recruiting and retention, innovations in technology, the science behind crime
prevention, and homelessness response.
D. The Police Leadership Summit ensures a platform for shared be st practices,
round table discussions, and for industry partners to showcase systems and tools vital for
effective and responsible policing in the 21st century.
E. City Give received two donations totaling $30,000 in philanthropic revenue
to be used for Fort Collins Police Services for the 2024 Police Leaders’ Summit as
designated by the donors.
F. One donor gift was for $25,000 and the second gift was for $5,000.
G. The purpose of this item is to appropriate the $30,000 of supplemental
revenue to enhance the local investment in Fort Collins Police Services’ national
leadership.
H. This appropriation benefits the public health, safety, and welfare of the
citizens of Fort Collins and serves the public purpose of collaborating with agencies
across the country to discuss and develop innovative ideas to support our police
department and enhance community safety; and
I. 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.
J. 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
Page 60
Item 6.
-2-
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 THIRTY THOUSAND DOLLARS ($30,000) to be expended in the
General Fund for the 2024 Police Leaders’ Summit.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 61
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
Second Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received By City
Give for Fort Collins Police Services for the Safe Futures Initiative.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests an appropriation of
$80,000.00 in philanthropic revenue received by City Give for Fort Collins Police Services for the Safe
Futures initiative.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Like many law enforcement agencies across the nation, Fort Collins Police Services (FCPS) is adopting
new industry practices for victim-centered services by hiring civilian professionals for forensics, fraud, and
criminal investigations.
Traditionally served by uniformed police officers, this new approach offers a proactive, comprehensive
victim-centered approach to public safety and leverages candidates from accounting, criminal justice, and
forensic disciplines, who desire to serve their community. The Fort Collins Safe Futures Fund is a
designated charitable fund to support the operational needs for innovative, victim-centered police services
to address the impact crime has on victims, their families, and witnesses; leverage technology-based
skilled investigative resources; and, assist in the identification of victims of human trafficking and prevent
the sexual exploitation of the most vulnerable members of our community.
The purpose of this item is to request appropriation of $80,000.00 in philanthropic revenue received by City
Give for Fort Collins Police Services for the Safe Futures initiative. The charitable support represents a
generous local giving: $50,000 from the Blue Ocean Foundation, and $30,000 from UCount, Timberline
Church. All gifts are designated for the sole purpose of the Safe Futures initiative.
Page 62
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $80,000.00 in philanthropic revenue received in 2023 being appropriated
from prior year reserves. The funds have been received and accepted per the 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 63
Item 7.
-1-
ORDINANCE NO. 044, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES RECEIVED
BY CITY GIVE FOR FORT COLLINS POLICE SERVICES
FOR THE SAFE FUTURES INITIATIVE
A. Like many law enforcement agencies across the nation, Fort Collins Police
Services (“FCPS”) is adopting new industry practices for victim -centered services by
hiring civilian professionals for forensics, fraud, and criminal investigations.
B. Traditionally served by uniformed police officers, this new approach offers
a proactive, comprehensive victim-centered approach to public safety and leverages
candidates from accounting, criminal justice, and forensic disciplines, who desire to serve
their community.
C. The Fort Collins Safe Futures Fund is a designated charitable fund to
support the operational needs for innovative, victim -centered police services to address
the impact crime has on victims, their families, and witnesses; leverage technology-based
skilled investigative resources; assist in the identification of victims of human trafficking;
and prevent the sexual exploitation of the most vulnerable members of our community.
D. The purpose of this item is to request appropriation of $8 0,000.00 in
philanthropic revenue received by City Give for Fort Collins Police Services for the Safe
Futures Initiative.
E. The charitable support represents a range of generous local giving: $50,000
from one donor, and $30,000 from the second donor, with all gifts designated for the sole
purpose of the Safe Futures Initiative.
F. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of protecting our most vulnerable population
of citizens by investigating crimes and holding perpetrators of those crimes accountable .
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 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.
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 other funds to
be received in this Fund during this fiscal year.
I. 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
Page 64
Item 7.
-2-
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
J. The City Council wishes to designate the appropriation herein for Safe
Futurers Initiative donation as an appropriation that shall not lapse until the earlier of the
expiration of the grant or donation or the City’s expenditure of all funds received from
such grant or 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:
Section 1. There is hereby appropriated from prior year reserves in the General
Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) to be expended in the
General Fund for the Safe Futures Initiative.
Section 2. The appropriation herein for The Safe Futures Initiative 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 donation or the City’s expenditure of all funds received from
such grant or donation.
Introduced, considered favorably on first reading on March 19, 2024, and approved on
second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 65
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Carly Garner, Police Services
Kerri Ishmael, Grants Administration
SUBJECT
Second Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the General
Fund of the Internet Crimes Against Children Grant in Support of Fort Collins Police Services Cyber
Crimes Unit.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the Fort Collins Police
Services’ Cyber Crimes Unit by appropriating $6,585 of unanticipated grant revenue awarded by the
Colorado Springs Police Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In December 2023 the Colorado Springs Police Department awarded the City of Fort Collins $6,585 in
capacity as a subrecipient under the Department of Justice’s (DOJ) Internet Crimes Against Children
(ICAC) grant program (Attachment 2). The Colorado Springs Police Department is one of 61 national ICAC
task forces that serves to administer DOJ grant program funds. The awarded federal pass-through funds
will support personnel from Fort Collins Police Services’ Cyber Crimes Unit to attend training conferences
to combat technology-facilitated crimes against children.
Appropriation of these funds will allow members of the FCPS Cyber Crimes Unit to attend training relevant
to the investigation of crimes involving CSAM (Child Sexual Abuse Material), Internet Luring, Child
Exploitation, and other criminal matters related to the online exploitation of children. The scope of this
training may include basic investigations, undercover investigations, proactive investigations, peer-2-peer
networking investigations, and other relevant topics. Attending such training will allow Cyber Crimes
investigators to better serve the Fort Collins community by providing enhanced skills and knowledge of the
best practices in this field. Cyber Crimes is an ever-evolving field, and it is crucial for investigators to stay
abreast of the most up-to-date techniques, resources, and equipment available for the successful
investigation of these challenging crimes. These funds will be used to provide transportation, lodging,
registration, and other necessary expenses for the travel of Cyber Crimes investigators to training classes
and conferences. These funds were awarded through an annual grant offered by the DOJ ICAC, a task
force with which the FCPS Cyber Crimes Unit collaborates on a regular basis.
Page 66
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $6,585 in unanticipated revenue from the DOJ’s ICAC grant program in support of
Police Services Cyber Crimes Unit.
There is no match requirement by the City under this grant.
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$6,585.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 67
Item 8.
-1-
ORDINANCE NO. 045, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION IN THE
GENERAL FUND OF THE INTERNET CRIMES AGAINST
CHILDREN GRANT IN SUPPORT OF FORT COLLINS
POLICE SERVICES CYBER CRIME UNIT
A. Fort Collins Police Services (“FCPS”) Cyber Crimes unit investigates and
combats technology-facilitated crimes against children, our community’s most vulnerable
population.
B. Cyber Crimes is an ever-evolving field, and it is crucial for investigators to
stay abreast of the most up-to-date techniques, resources, and equipment available for
the successful investigation of these challenging crimes.
C. In December 2023, the Colorado Springs Police Department awarded the
City of Fort Collins $6,585 in capacity as a subrecipient under the Department of Justice’s
(DOJ) Internet Crimes Against Children (“ICAC”) grant program.
D. The awarded federal pass-through funds will support personnel from FCPS
Cyber Crimes Unit to attend training conferences to combat technology-facilitated crimes
against children.
E. The purpose of this item is to request appropriation of $6,585 in
unanticipated grant funding revenue from Colorado Springs Police Department pass -
through from the DOJ ICAC grant program.
F. Appropriation of these funds will allow members of the FCPS Cyber Crimes
Unit to attend training relevant to the investigation of crimes involving CSAM (“Child
Sexual Abuse Material”), internet luring, child exploitation, and other criminal matters
related to the online exploitation of children.
G. Attending such training will allow Cyber Crimes investigators to better serve
the Fort Collins community by providing enhanced skills and knowledge of the best
practices in this field.
H. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of protecting our most vulnerable population
of citizens by investigating crimes and holding perpetrators of those crimes accountable.
I. 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 su pplemental
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.
Page 68
Item 8.
-2-
J. 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.
K. 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 gran t
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.
L. The City Council wishes to designate the appropriation herein for the
Internet Crimes Against Children 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 SIX THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS
($6,585) to be expended in the General Fund for the Fort Collins Police Services Cyber
Crimes Unit.
Section 2. The appropriation herein for the Internet Crimes Against Children
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 the March 19, 2024, and
approved on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 69
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Woolf, Senior Director of Water Operations
Andrew Gingerich, Director Water Field Operations
SUBJECT
Second Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire Lines.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, clarifies and makes consistent
certain terminology in City Code. This item will remove “curb stop” from City Code, to be replaced by
“control valve.” Replacement of this terminology removes any potential assumption that a water control
valve on a service or fire line must have proximity to a street or sidewalk curb to define ownership of the
valve and of the line extending from the valve.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City (through Utilities) owns and is responsible for water mains that convey treated water. These water
mains have service and fire lines that branch off to convey water to customers’ properties. The service and
fires lines have control valves on them that are owned by the City and intended to control the flow of water
to the customers’ structures and property. The service or fire line between the control valve and the property
or structure is owned by and the responsibility of the property or structure owner. Ownership of the control
valve and the service line is independent of the valve's proximity to a “curb.” However, City Code currently
uses both the terms “curb stop” and “control value” to refer to these control valves. Removal of the term
“curb stop” eliminates potential misinterpretation of ownership as being dependent on a control valve’s
proximity to a street or sidewalk curb. The term “curb stop” will be replaced with the term “control valve,”
which will now be defined.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Water Commission recommended adoption of the proposed Code revisions at its February 15, 2024,
meeting.
Page 70
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 71
Item 9.
-1-
ORDINANCE NO. 046, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO CLARIFY TERMINOLOGY REGARDING
CONTROL VALVES AND WATER SERVICE AND FIRE LINES
A. The City owns and operates a water utility that, among other things,
provides treated water service to customers in its service area.
B. The City owns and is responsible for water mains that convey treated water,
and these water mains have service and fire lines that branch off to convey water to
customers’ properties.
C. It is and has been the policy of the City that the initial portion of service and
fire lines adjacent to the water main belong to and are the responsibility of the City, and
the latter, “downstream” portions of service lines belong to and are the responsibility of
customers.
D. On a given service line, as provided in City Code Sections 26 -41, 26-44,
26-48, 26-94, 26-95, 26-96, 26-97, 26-116, and 26-117, the location where the City’s
ownership and responsibility for the service line end, a nd where customer’s ownership
and responsibility begin, is the location on the service line just downstream of the City’s
curb stop, which is not a defined term in City Code .
E. The City’s understanding and intent of City Code and the City’s water utility
system has always been that the curb stop is a City-owned control valve on the service
line that allows the City to control the flow of water in the service line, and this
understanding and intent have historically guided administration of the water utility.
F. The term curb stop has periodically caused some confusion because it is a
term used in the water distribution industry term that is not necessarily intuitive; for
instance, curb stops may or may not be located beneath a street curb, and may instead
be located on the customer’s property or in City -owned right-of-way, particularly as the
specific locations of curbs may change over time without necessarily changing the
location of the curb stop; and the essential function of curb stops is not dependent on
their location relative to the curb.
G. The term curb stop has also periodically caused some confusion because
it is a term used in the water distribution industry that is not always used consistently; for
instance, a curb stop for one water provider may be understood to be slightly different
than a curb stop for another water provider.
H. On a given fire line, as provided in City Code Sections 26-100, the location
where the City’s ownership and responsibility for the fire line ends, and where customer’s
ownership and responsibility begins, is the location on the service line just downstream
of the City’s control valve, which is not a defined term in City Code .
Page 72
Item 9.
-2-
I. City staff has therefore proposed to clarify the use of the definitions of
control valves and curb stops in City Code related to service and fire lines to clarify their
definition consistent with the City’s historical and current understanding and intent and
administration.
In light of the foregoing recitals, which the Council hereby makes and adopt s as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-41 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-41. - Definitions.
…
Control valve shall mean a City-owned control valve on the service or fire line that
allows the City to control the flow of water in the service or fire line. Control valves
may or may not be included in other structures, including those commonly known
as curb stops.
. . .
Service line (water, public and private) shall mean the water delivery pipeline
running from the City water main to the building or property to be served consisting
of a publicly owned and maintained portion from the main to the control valve and
a privately owned and maintained portion from the control valve including the outlet
coupling to the building or other point of use or distribution on the lot or premises
served. The terms water service pipe and building supply as used in the plumbing
code have the same meaning. The public portion of a service line is also referred
to as a service line stub or as a public service line as distinguished from the term
private service line which refers to the privately owned and maintained portion of
the service line.
…
Section 2. That Section 26-44 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-44. - Composition of the water utility.
Except for private mains and that portion of the service line considered privately owned
between the control valve and the structure served, all water and water rights, waterworks
and their appurtenances, fire hydrants, machinery, equipment and supplies us ed by the
City to supply its water users with water, shall constitute the water utility.
Page 73
Item 9.
-3-
Section 3. That Section 26-48 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-48. - Authority to turn on water.
No person other than a duly authorized employee of the City shall open or turn on any
control valve or any other City water valve regulating the flow of water from the City water
mains to any premises, lot, building or house for any reason.
Section 4. That Section 26-94 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-94. - Individual service lines for each building required.
…
(c) Notwithstanding the provisions of Subsection (a) above, the Utilities
Executive Director may, after review and approval of the related plans and
specifications, authorize the service of more than one (1) property by a
single, common, private water service line, provided that:
…
(4) The line must include a separate branch line to each single -family
attached property, and each branch line must include a control valve
that meets the requirements of the City Development Construction
Standards. These private service control valves must be exterior to
the dwellings, within a utility easement that has been conveyed to
the City and readily accessible and operable by City personnel. The
private service control valves shall be the City’s control point for that
single-family attached dwelling.
(5) The line beyond the City control valve and all branch service lines
including the private service control valves must be owned, operated,
maintained, repaired and replaced, as needed, by a legal entity
representing all of the owners of the properties served by the line.
…
Section 5. That Section 26-95 of the Code of the City of Fort Collins is hereby
amended as follows:
Page 74
Item 9.
-4-
Sec. 26-95. - Installation and maintenance of service lines; user responsibilities;
liability.
(a) Installation. All costs and expenses incidental to the installation and
connection of a water service line, including, but not limited to, a common
private water service line, shall be borne by the applicant for a water service
permit who shall retain or employ a licensed contractor or plumber to install
a service line. For the installation of that portion of any service line within
the public right-of-way or street, the contractor or plumber shall also be
licensed by the City under Article XI of this Chapter. The utility may install
the portion of the service line from the main to the control valve upon
payment of a tap charge by the applicant. The applicant is responsible for
restoring streets, sidewalks, parkways and other property disturbed in the
course of the work to acceptable City standards after the connection is
made.
(b) Maintenance. The owner of any property connecting to the water utility is
responsible for the installation and maintenance at the owner’s own
expense and risk of the water service line from the control valve to the
structure being served and all other water pipes, machinery and apparatus
which may be required for applying and utilizing City water on the property.
The owner shall keep the private service line in good and safe condition
and, at the owner's expense, shall keep all pipes, fixtures and appliances
on the property tight and in good working order to prevent waste of water.
The owner is responsible for all leaks or damages on account of leaks from
the private service line and other apparatus within the property served.
…
Section 6. That Section 26-96 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-96. - Maintenance responsibility of utility.
The utility shall maintain all public water facilities and mains, public service lines, fire
hydrants, other public system appurtenances and water meters. However, if the portion
of the service line in use between the water main and the control valve is made of
materials other than copper or ductile iron, then the entire service line will be deemed to
be a private main of the premises serviced by the line, and the City will not be responsible
for any part of its maintenance until such time as the line is re placed with conforming
materials pursuant to Subsection 26-97(a) below and any regulations promulgated
thereunder. The utility is not responsible for maintenance of common private water
service lines.
Section 7. That Section 26-97 of the Code of the City of Fort Collins is hereby
amended as follows:
Page 75
Item 9.
-5-
Sec. 26-97. - Water service lines; general regulations.
…
(c) Materials. In the case where the service line between the water main and
the premises has been deemed a private main because it is made of
materials other than ductile iron or copper, it shall be replaced by copper or
ductile iron lines at the expense of the user when, in the opinion of the
Utilities Executive Director, such line has become so disintegrated as to be
unfit for further use. Once such a line has been replaced with the required
materials, it becomes part of the water utility, and the utility will assume the
maintenance of the service line between the water main and the control
valve the same as for any public service line. This provision shall not apply
to a common private water service line.
Section 8. That Section 26-116 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-116. - Permissible fees and charges.
The utility may adopt fees and charges which may include, but need not be limited to, the
following:
(1) Fees for turning water on or off at the control valve;
…
Section 9. That Section 26-117 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-117. - Turn on/off fee.
The charge for turning the water service to a premises on or off at the control valve shall
be as prescribed in § 26-129.
Page 76
Item 9.
-6-
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Eric Potyondy
Page 77
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Michael Neale, Water Resources Engineer
Jen Dial, Water Resources Division Manager
Donnie Dustin, Water Resources Engineer
SUBJECT
Second Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery Charges for
Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for 2024 Through March
2027.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, obtains Council approval for
the proposed formulas for calculating rental rates and delivery charges for Fort Collins Utilities’ (Utilities)
raw water supplies for the next three years, including proposed rental rates and delivery charges for fully
consumable water. The rates and charges would be effective through March 2027. Setting the rates and
charges via formula ensures Utilities can recoup the ownership and administrative costs for rented supplies
and provides planning certainty for the agricultural rental community.
Proposed formulas for most supply sources remain consistent with those from the previous rental rate and
delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an increase in the rental rate
and delivery charge for fully consumable water to be in line with market conditions for this type of water. In
addition, staff is recommending the rental rate for Water Supply and Storage Company supplies to be
130% of assessment versus the prior rate of assessment plus a flat administration fee. These are the only
changes to rental rates and delivery charge methods.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City is a shareholder in several local ditch and reservoir companies and holds allotment contracts for
the delivery of Colorado Big-Thompson (CBT) Project water. Utilities is responsible for most of these
supplies. The main use for raw water sources is the treatment and delivery of potable water for the Utilities’
ratepayers. In addition, there are delivery obligations under existing agreements to provide raw water
shares to certain homeowners associations (HOA’s), the Poudre School District (PSD), and other City
Departments. In wet and average years, there are surplus water supplies that can be rented first to other
City departments (if needed) and to agricultural users in respective irrigation company systems that Utilities’
holds shares in.
Page 78
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
This proposed ordinance defines the formulas and rates for annual water rentals and delivery agreements,
not the availability of surplus water. It is staff’s discretion to determine the availability of surplus water from
different sources on an annual basis. There are many variables which can impact this availability, including
snowpack in both the Poudre and Upper Colorado River basins, water quality in both river basins, available
water in storage, and infrastructure and maintenance considerations. In addition, potential drought
conditions or continued runoff impacts to water quality from the Cameron Peak and East Troublesome
fires, will be considered when determining surplus water for 2024 through March 2027.
There are two categories for pricing raw water, as in past years:
Category 1 – Raw Water Rental Rates
o Sets the price for surplus water for use by water users outside of the City organization.
o There are rental markets for many of Utilities’ surplus water sources. Principally, for Utilities’
supplies in North Poudre Irrigation Company and Water Supply and Storage Company.
o Typical customers are local agricultural producers, both large and small.
Category 2 – Raw Water Delivery Charges
o Sets the price for sources where Utilities has an on-going obligation to provide raw water for
irrigation or augmentation plans.
o Customers include specific HOAs, PSD, Fort Collins Parks Department, and Fort Collins Natural
Areas Department.
A formula-based approach to setting rental rates and delivery charges for Utilities’ raw water sources,
except for fully consumable sources, has been used since 2015. The formulas are a function of the annual
assessment for each ditch and reservoir company plus an administrative fee. Staff continues to receive
positive feedback from the rental community regarding this formula-based approach to rate setting.
Starting in 2018, this formula-based approach to setting rental rates and delivery charges for Utilities’ raw
water supplies has been updated every three years. This was a change from the historical practice of
having rates and charges approved for only one year at a time. This process change reduced the
administrative burden of the rental program and increased the planning certainty for the water rental
community. Staff is again recommending City Council adopt the proposed formulas for calculating rental
rates and delivery charges for Utilities’ raw water supplies for three years.
CATEGORY 1 - RAW WATER RENTAL RATES
Raw water rental sources include:
North Poudre Irrigation Company
Water Supply and Storage Company
Colorado-Big Thompson Project
Pleasant Valley and Lake Canal Company
Southside Ditches (Arthur Irrigation Company, Larimer County Canal No. 2 Irrigating Ditch Company,
New Mercer Ditch Company, and Warren Lake Reservoir Company)
Fully Consumable Sources
The recommended changes to the proposed formulas and fixed rates for raw water rentals from the 2021
approved ordinance (Ordinance No. 38, 2021) is for Fully Consumable Sources and Water Supply and
Storage Company water.
Page 79
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
North Poudre Irrigation Company (NPIC)
In wet and average years, Utilities can expect to have surplus NPIC water available for rent. Each NPIC
share has an agricultural (AG) component and a multiple use (MU) component. The volume of water for
each component varies annually and is set in April by the NPIC Board of Directors based on the company’s
water supply availability. Due to current legal constraints, the AG component can only be used for irrigation
purposes on land served by the NPIC system and is rented to shareholders under that system. The MU
portion of each NPIC share is available for Utilities’ use and is largely comprised of NPIC -owned CBT
water. When users in the NPIC system rent either AG or MU water, both components are delivered through
the system in the same manner. Therefore, for rentals made into the NPIC system, it is proposed both
types of water be rented at the same rate per acre-foot (AF).
Rental Rate – Beginning in 2015, a formula was defined to set the raw water rental rate, incorporating the
NPIC assessment and share allocation to ensure the cost of the NPIC assessment was fully paid by the
renter. At that time, a $2.00 per acre-foot (ac-ft) administration fee was assessed as City staff spent
considerable time receiving, billing, and tracking individual rentals. Starting in 2022, NPIC has administered
our rentals which has been very helpful to City staff, and thus the fee is not included when NPIC administers
our rentals. This has been accomplished by the City renting water to NPIC by an agreement, and then
NPIC renting the water to shareholders. This same method is proposed for the 2024 – 2026 irrigation
seasons and is defined below. The calculated rate is rounded up to the nearest dollar and is defined by the
NPIC allocation made annually in mid-April. The rental rate will remain fixed until the assessment rate and
allocation are defined for the next irrigation season. If administration of the City’s NPIC rentals revert to
City Staff, a $2.00 per ac-ft fee will be added.
𝑀𝑃𝐼𝐶 𝑟𝑒𝑙𝑟𝑎𝑙 𝑟𝑎𝑟𝑒 ($
𝑎𝑐−𝑒𝑟)=𝑎𝑟𝑟𝑒𝑟𝑟𝑙𝑒𝑙𝑟 𝑟𝑎𝑟𝑒 ($)
𝑀𝑈 (𝑎𝑐−𝑒𝑟)+𝐴𝐺(𝑎𝑐−𝑒𝑟)
In some years there is a special class of NPIC water available for agricultural users for a very limited time
early in the growing season. This Early AG water has a limited rental market and thus warrants a
significantly lower rate. If Early AG water is available in the 2024 – 2026 irrigation seasons, staff proposes
a rental rate of $15 per ac-ft to reflect its limited use.
Procedures – Whether it be Utilities or NPIC administering the rentals, if the total volume of rental requests
is greater than the available surplus water, a proportionate allocation method based on the requester’s
acreage will be used. This allocation method uses information provided by renters about their total land
holdings served under the NPIC system. These requesting acreages are then added together and divided
into the total volume of City-owned NPIC water available for rent in a given year. This ac-ft per acre ratio
is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water
available for each requester. This allocation method was developed and has been used since 2008 at the
request of NPIC renters to provide some water to all requesters each year.
CBT through NPIC Multiple Use Component
Rental Rate – Utilities does not typically rent CBT water from its own allotment contracts with Northern
Water, but when available, Utilities can rent CBT water through its ownership of NPIC shares. Utilities
retains its NPIC MU water for potentially high summer demands and can rent it to NPIC system renters or
other (non-NPIC) renters later in the year if it was not needed.
For Utilities to rent CBT water from its NPIC shares to non-NPIC system users, the MU portion of the share
is transferred as CBT water into the Utilities’ CBT account. Northern Water institutes a transfer fee to the
water user or entity receiving the transfer if the user has a higher open-rate assessment than the transferor.
This is the case if NPIC MU water is transferred to Utilities’ or another municipal entity’s account.
Staff recommends the rental rate of CBT water through NPIC shares be calculated as the NPIC rental rate
plus the cost of applicable Northern Water transfer fees, rounded up to the nearest dollar (Attachment 2).
Page 80
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
Procedures – Utilities will first meet the CBT delivery obligations to City departments and other entities
with delivery agreements. If Utilities deems there is surplus CBT water available, it will then be offered to
water users on ditches that run through town. These ditches, known collectively as the “Southside Ditches,”
comprise the Arthur, New Mercer, and Larimer No. 2 Ditches, and Warren Lake Reservoir. The Pleasant
Valley Lake and Canal Company (PVLC) is also included in this tier. Surplus CBT water will next be made
available to other Poudre Basin water users. Finally, in the event any surplus CBT water remains, it will be
offered to others within the entire Northern Water district.
Water Supply and Storage Company (WSSC)
WSSC shares can only be rented to water users under that system. WSSC shares come with a both trans-
basin and a native component. Utilities generally uses the trans-basin component and rents the native
portion of its WSSC shares. In February of each year, Utilities’ staff determines how WSSC shares will be
used for the year in its WSSC Annual Operating Plan. In 2023, Utilities exercised an agreement with WSSC
to use Utilities’ shares to meet a CBT obligation with WSSC. This arrangement retained more CBT water
in Utilities’ account and the remaining WSSC shares were rented and administered by WSSC for a $250
administrative fee. Staff may pursue similar operations with WSSC in the future.
Rental Rate - Previously, the rental rate was set at assessment plus $1,000 administration fee. For the
next three irrigation seasons (2024-2026), Staff proposes a rate calculated as 130% of assessment. This
is a similar methodology to many of our other sources and is in line with the market rental rate. Utilities staff
administers WSSC water rentals and this rate will cover staff time costs. If the Utilities exercises its
agreement with WSSC as described above, then any remaining shares available for rental may be
administered by WSSC which would exclude the additional 30% over assessment as an administration fee.
Procedures – WSSC system users are to make rental requests through the online form on the City’s rental
website. Rental requests are accepted for a month-long period around February and March. There are
typically more requests than available supplies, so Utilities’ staff administer a lottery to determine recipients
and allocate available WSSC rental water.
Pleasant Valley and Lake Canal Company (PVLC) and the Southside Ditches
Rental Rates – The rental market for raw water from the Southside Ditches and PVLC is very limited,
however Utilities can occasionally rent surplus water from these systems. Staff recommends the rate for
these supplies be set at 120% of the assessment rate, rounded up to the nearest dollar, for each ditch
company.
Procedures – PVLC and Southside Ditch shares can only be rented to water users under each specific
system. As the market for these supplies is limited, availability of shares to rent will be determined by Staff
at the time the request is made.
Fully Consumable Sources
Utilities has occasional rental demand for fully consumable water to satisfy State requirements for
substitute water supply and augmentation plans. Historically, Utilities has only leased this type of water
under short-term arrangements of 1-year leases. Staff proposes setting the rental rate for these sources at
$800 per ac-ft for three years. Based on inquiries with entities renting and/or leasing water with sim ilar
characteristics in Northern Colorado, this rate is well within market range for short term agreements for
augmentation water on the Cache la Poudre River.
Procedures – Utilities Staff will monitor reusable sources and determine availability for rent al at the time
the request is made.
Page 81
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
CATEGORY 2 - RAW WATER DELIVERY CHARGES
Sources utilized for obligated raw water deliveries include:
1. Pleasant Valley and Lake Canal Company
2. Southside Ditches
3. Colorado-Big Thompson Project
4. Fully Consumable Sources
The only recommended change to the proposed formulas and fixed rates for raw water delivery charges
from the previous rental rate and delivery charge ordinance is for Fully Consumable Sources.
Pleasant Valley and Lake Canal Company (PVLC) and the Southside Ditches
This category sets charges for water delivered for use on City facilities, such as parks and golf courses, or
water delivered for use by other entities having met the Utilities’ raw water requirement. Non-City
organization entities with raw water delivery agreements are typically HOAs and the Poudre School District.
It is proposed the delivery charges be set at 110% of each ditch and reservoir company per share annual
assessment, rounded up to the nearest dollar to help offset administrative costs.
Colorado-Big Thompson Water (CBT)
If necessary, Utilities can deliver CBT water to Parks or other City departments, typically for irrigation
purposes. In those instances, Utilities utilizes its available supplies through its allotment contracts with
Northern Water. Staff recommends setting the rate for delivery of this CBT water equal to the Northern
Water assessment rate plus any applicable Northern Water transfer fees, rounded up to the nearest dollar.
Fully Consumable Sources
Utilities has a limited number of delivery obligations for fully consumable water where the Utilities’ raw water
requirement has been met. For these obligations it is proposed to charge a fee of $200 per ac-ft to help
offset operational and administrative costs.
CITY FINANCIAL IMPACTS
The rental rate methods set forth in this item ensure that rental payments cover the cost of owning such
rented supplies (assessments) plus the staff time to coordinate and administer the rentals. Revenue from
the rental and delivery of raw water has been $475,000, on average, over the last three years (Attachment
4).
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
On February 15, 2024, Water Commission unanimously recommended Council adopt the proposed
formulas for calculating rental rates and delivery charges for Utilities’ raw water supplies.
PUBLIC OUTREACH
The City has conducted water rentals for several decades and eligible renters are generally aware of the
City’s rental practices. Staff has historically provided outreach to specific audiences with announcements
made at the NPIC and WSSC company annual meetings.
The public is encouraged to check the status and availability of rental water from Utilities on the Raw Water
Rental Program website (https://fcgov.com/water-rental). If applicable, the site gives instructions on how
Page 82
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
and when to make rental requests from available sources. Staff can be reached at a dedicated email
(waterrental@fcgov.com) for water rental inquiries.
QUESTIONS RAISED AT FIRST READING
1. Is Utilities’ charging appropriate rates for rental water?
Rental rates and charges are set to appropriately cover water assessments and costs of staff time to
administer the rental. Utilities’ surplus supplies in irrigation companies can generally only be rented to users
within those respective companies which warrants a lower rental rate. Thus, Fort Collins Utilities rates are
similar to other municipal provider’s rental rates of supplies in the same company. The fully consumable,
or reusable water, rental rate reflects the market value for this type of water in our region, which is
significantly higher (per acre-foot) than rental rates for irrigation company supplies. Reusable water is more
valuable because it can be used for multiple purposes including augmentation plans.
2. What percentage of Utilities’ supplies is rented each year?
The amount of surplus water available to rent each year depends on supply yields from different sources
and projected demands. There are many variables which can impact this availability, including snowpack
in both the Poudre and Upper Colorado River basins, Poudre River water quality, Colorado Big-Thompson
(CBT) Quota, available water in storage, and infrastructure and maintenance considerations. In severe
drought conditions when these sources yield much less, Utilities needs all its treatable supplies and there
is little water that can be rented.
Utilities’ total supplies can yield about 50,000 acre-feet per year on average. Utilities rented about 17,000
acre-feet per year or 34% of this average yield from 2014-2023. Total treated water demands average
about 23,400 acre-feet per year for the same period.
North Poudre Irrigation Company (NPIC) shares come with an agricultural (AG) component and a multiple-
use (MU) component. The MU component is CBT water and can be treated for municipal use. The AG
component of Utilities’ NPIC shares are rented every year as these supplies are not yet decreed for
municipal use. NPIC rentals accounted for 58% of rented supplies from 2014-2023. Utilities must plan to
retain supplies for higher demands through a potentially hot, dry summer. If weather conditions allow there
is often a portion of NPIC MU supplies that can be rented in the late summer months if they are not needed
for treatment. For Water Supply and Storage Company (WSSC) supplies, Utilities will rent its shares that
are not projected to be used each year. Utilities rental of its WSSC shares account for 12% of rented
supplies from 2014-2023.
3. Are there mechanisms to keep water in the river?
Currently, there are not meaningful mechanisms available to protect water rights that Fort Collins might
leave in the river from being taken by other water rights. Fort Collins is a co-applicant in a water court case
known as the "Poudre Flows Plan" which will protect water rights used in the plan that augment the river
for the purpose of increasing stream flows from the mouth of the canyon to the confluence with the South
Platte River. The water rights Fort Collins proposes to contribute to this plan are shares in local ditch
companies that were changed in water court and have a limited rental potential since Fort Collins has
grown over the farms the ditches used to supply.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 83
Item 10.
-1-
ORDINANCE NO. 047, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING RENTAL RATES AND DELIVERY CHARGES
FOR USE OF WATER AVAILABLE UNDER FORT COLLINS UTILITIES’
RAW WATER INTERESTS FOR 2024 THROUGH MARCH 2027
A. The City holds title to or otherwise has ownership interests in various water
rights, water right decrees, shares in ditch and reservoir companies (“shares”), and
contractual rights to the delivery of water that are sources of supply of raw and untreated
water (together, “Raw Water Interests”), many of which pertain to Fort Collins Utilities
(“Utilities”).
B. The amount of water available under Utilities’ Raw Water Interests, at
certain times, may be greater than the immediate needs of Utilities and its ratepayers,
and is thus potentially available for use by persons outside of Utilities as a rental.
C. The City, through Utilities, has various agreements and understandings
pursuant to which Utilities allows persons outside the City and certain City depa rtments
to use water available under Utilities’ Raw Water Interests, provided that a charge for the
delivery of such water is paid.
D. Pursuant to Article XII, Section 4 of the City Charter, if at any time the water
supply is greater than the immediate needs of the City and its inhabitants, the City Council
may authorize the City Manager to permit the use of such surplus water by consumers
outside the City at such rates as the City Council may prescribe, provided that no vested
right shall accrue under such permits.
E. Pursuant to Article XII, Section 6 of the City Charter, the City Council shall
by ordinance from time to time fix, establish, maintain, and provide for the collection of
such rates, fees, or charges for water furnished by the City as will produce revenues
sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair
and working order and to provide and maintain an adequate working capital fund for the
day-to-day business operations of the utilities.
F. On February 15, 2024, Utilities staff presented recommendations for rental
rates and delivery charges for the use of water available under Utilities’ Raw Water
Interests for a period of approximately three years, through March 2027, to the Water
Commission, and the Water Commission recommended City Council approve the rates
and charges as recommended by staff.
G. City Council finds that the rental rates and delivery charges set forth herein
are appropriate and will provide revenues that offset the cost of operation and
maintenance of Utilities’ Raw Water Interests and associated infrastructures and to keep
the City’s utilities in good repair and working order, and to provide and maintain an
adequate working capital fund for the day-to-day business operations of the utilities.
Page 84
Item 10.
-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. The City Manager and the Utilities Executive Director are authorized
to make water available under Utilities Raw Water Interests available for use by persons
outside of the City and certain City departments, provided that:
such rentals shall not exceed one year in duration;
such water can be rented or delivered without adversely affecting the City or
Utilities and its ratepayers;
no vested right shall accrue under such use;
the appropriate rental rate or delivery charge set forth herein is applied, which
may be adjusted as the City Manager or the Utilities Executive Director
determine necessary to reflect the remaining yield for the prevalent market
price of the water or shares being rented in order to prevent undue economic
loss to the City; and
the final price may be rounded up to the nearest dollar.
Section 2. The City Manager and the Utilities Executive Director are authorized:
to impose on such rentals and deliveries such additional terms and conditions
as they deem appropriate to protect the interests of the City an d Utilities in and
to Utilities’ Raw Water Interests; and
to deny any request for a rental or delivery, to the extent allowed by law, as
they deem appropriate to further the interests, policies, and values of the City.
Section 3. All previous authorizations to make water available under Utilities’
Raw Water Interests are repealed in their entirety.
Section 4. The rental rates set forth in the table below are hereby approved as
the City’s rental rates for 2024 through March 2027 for Utilities’ Raw Water Interests,
provided that the rental rate for fully consumable water shall apply through March 202 7.
RATES FOR RENTALS OF SURPLUS RAW WATER
Type of Water Rate Per Acre Foot
Arthur Irrigation Company 120% of Annual Assessment
Colorado-Big Thompson Water from the
Northern Colorado Water Conservancy
District (Northern) associated with Shares
in the North Poudre Irrigation Company
Rental Rate for North Poudre Irrigation
Company (Seasonal Agricultural and
Multiple Use Water) + any Northern
transfer fees calculated at the time of
transfer
Larimer County Canal No. 2 Irrigating
Company
120% of Annual Assessment
Page 85
Item 10.
-3-
New Mercer Ditch Company 120% of Annual Assessment
North Poudre Irrigation Company:
Early Agricultural Use Water
$15.00 per acre foot
North Poudre Irrigation Company:
Seasonal Agricultural and Multiple Use
Water
(Annual Assessment / (Sum of Allocation
of Seasonal Agricultural Use and Multiple
Use Water per share)) + $2.00 per acre
foot*
Pleasant Valley and Lake Canal Company 120% of Annual Assessment
Fully Consumable Sources $800.00 per acre foot
Sherwood Reservoir Company 120% of Annual Assessment
Sherwood Irrigation Company 120% of Annual Assessment
Warren Lake Reservoir Company 120% of Annual Assessment
Type of Water Rate Per Share
Water Supply and Storage Company 130% of Annual Assessment **
* The City Manager and the Utilities Executive Director may reduce this $2.00 per acre-
foot fee to reflect actual administrative burdens on Utilities staff.
** The City Manager and the Utilities Executive Director may reduce this fee to no less
than 100% of Annual Assessment to reflect actual administrative burdens on Utilities staff.
Section 5. The delivery charges set forth in the table below are hereby approved
as the City’s delivery charges for 2024 through March 2027 for Utilities’ Raw Water
Interests.
RAW WATER DELIVERY CHARGES
Type of Water Rate Per Share
Arthur Irrigation Company 110% of Annual Assessment
Colorado-Big Thompson Water from the
Northern Colorado Water Conservancy
District
Rental Rate for North Poudre Irrigation
Company (Seasonal Agricultural and
Multiple Use Water) + any Northern
transfer fees calculated at the time of
transfer
Larimer County Canal No. 2 Irrigating
Company
110% of Annual Assessment
New Mercer Ditch Company 110% of Annual Assessment
Pleasant Valley and Lake Canal Company 110% of Annual Assessment
Sherwood Reservoir Company 110% of Annual Assessment
Page 86
Item 10.
-4-
Sherwood Irrigation Company 110% of Annual Assessment
Warren Lake Reservoir Company 110% of Annual Assessment
Type of Water Rate Per Acre Foot
Fully Consumable Sources $200.00 per acre foot
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Eric Potyondy
Page 87
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning & Development Specialist
SUBJECT
Second Reading of Ordinance No. 048, 2024, Authorizing the Conveyance of a Permanent Non-
Exclusive Domestic Waterline Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport for the New Airport Terminal Facility.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 19, 2024, authorizes the conveyance of
an easement to the water district to allow for a water service line for the terminal. The easement is over a
portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort Collins
and the City of Loveland.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement that formed the
Northern Colorado Regional Airport Commission, which delegated certain powers and authority to operate
and maintain the Airport. However, only the Cities Councils have the authority to grant easements as
permanent property rights at the Airport.
In connection with the construction of the new terminal, Fort Collins-Loveland Water District (“Water
District”) requires the City of Fort Collins, the City of Loveland, and the Water District execute a
Memorandum of Agreement for Purchase of Water Tap (“MOA”). Because the MOA is an agreement
between the Cities and the Water District, it is an intergovernmental agreement. The price for the water tap
is $586,088, which is based on the Water District allowing the Cities to take advantage of 2023 rates. The
dollar amount exceeds the threshold set by City Code Section 1-22 that would allow the City Manager to
sign the MOA, therefore, City Council approval is required. Section 1-22 allows that intergovernmental
agreements may be approved by Council by either ordinance or resolution. A resolution is presented here
to expedite execution of the MOA because the Water District is offering 2023 rates. The MOA presented
with the Resolution is the Water District’s form MOA as revised by the Cities’ attorneys. The parties continue
to work on mutually agreeable language.
Along with the MOA, the Water District requires that the Cities grant a permanent, non-exclusive easement
across Airport property to allow for the installation and maintenance of a water line to the terminal. The total
Page 88
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
area of the associated water easement is 18,673 square feet. The Easement Agreement included with the
Ordinance is the Water District’s form easement as revised by the Cities’ attorneys. The parties continue
to work on mutually agreeable language.
Under City Code Section 23-111, the Council may sell, convey, exchange, or otherwise dispose of any and
all interests in City-owned real property if the Council finds, by ordinance, that such sale or disposition is in
the best interests of the City. City Code Section 23-114 requires that any sale, lease or other conveyance
of property must be for an amount equal to or greater than the fair market value of such interest unless the
Council or City Manager, as applicable, determines that such sale or lease serves a bona fide public
purpose because:
(1) The use to which the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins;
The Airport is a public use facility jointly owned by Fort Collins and Loveland. The easement will allow
for public investment and development that will bring improvements to the Airport and the users it
serves.
(2) The use to which the property will be put supports one (1) or more of the City Council’s goals, adopted
policies, projects or plans;
The easement will allow for public development of the site in alignment with the Airport Master Plan,
which was approved by City Council.
(3) The financial support provided by the City through the below-market disposition of the property will be
leveraged with other funding or assistance;
The City would benefit from granting the easement because doing so will allow the Water District to
install and maintain utility infrastructure necessary for the terminal project. In addition to federal grant
funding and Airport revenue being used for the terminal, both Cities individually contributed $1,000,000
towards the project.
(4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to
the extent such benefit is only an incidental consequence and is not substantial relative to the public
purpose being served; and
The easement will simply allow the Water District to provide service to the new public terminal. The
Airport and two Cities benefit from utilities running to the public terminal, which add value to the Airport.
(5) Selling or leasing the property for less than fair market rent will not interfere with current City projects
or work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Authorizing the conveyance of the easement will not interfere with City projects or work programs,
workload schedules, or resources needed for primary City functions or responsibilities.
As the conveyance of the easement meets the above criteria, Airport staff and the Airport Commission
recommend approval because the easement allow for the Water Districts to install and maintain the water
infrastructure required to serve the new public facility. The new terminal is in alignment with the Airport
Master Plan, which has been approved by Council.
Page 89
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
CITY FINANCIAL IMPACTS
The MOA authorizes the Cities to purchase a water tap from the Water District for $586,088. This cost has
been budgeted for as part of the terminal project. There are no material financial impacts to the City.
The cost of the legal description and exhibit for the easement is $500, to be paid from the terminal project
budget. There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Northern Colorado Regional Airport Commission and the City Councils of Fort Collins and Loveland
have approved the 2020 Airport Master Plan, which prominently features plans for the new terminal facility.
The Fort Collins and Loveland City Councils have each appropriated $1.0 million in support of the new
terminal.
The Airport Commission unanimously voted at its January 18, 2024, meeting to recommend the City
Council approve the MOA and easements.
PUBLIC OUTREACH
The development of the 2020 Airport Master Plan, which took more than two years to complete, included
numerous public meetings and significant outreach by the Airport, far exceeding what is recommended by
the Federal Aviation Administration (FAA).
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance (Water Easement Agreement)
Page 90
Item 11.
-1-
ORDINANCE NO. 048, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-
EXCLUSIVE DOMESTIC WATERLINE EASEMENT ON PROPERTY
JOINTLY OWNED BY THE CITY OF FORT COLLINS AND THE CITY
OF LOVELAND AT THE NORTHERN COLORADO REGIONAL
AIRPORT FOR THE NEW AIRPORT TERMINAL FACILITY
A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property in Loveland (the “Property”) known as the
Northern Colorado Regional Airport (the “Airport”).
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”).
C. In connection with the ongoing construction of the new airport terminal
facility, the Fort Collins-Loveland Water District (the “District”) has requested a
permanent, non-exclusive easement for installation of one or more domestic waterlines
for transmission and distribution of domestic water to serve the terminal (the “Easement”)
over and across that portion of the Airport property legally descr ibed and depicted in the
Easement Agreement, attached hereto and incorporated herein by this reference as
Exhibit “A.”
D. The Cities desire to grant the Easement on the terms and conditions as
substantially set forth in the Easement Agreement, which includes that the District will not
pay a specific purchase price for the easement but will instead provide water service
necessary for the terminal.
E. City Code Section 23-111(a) authorizes the City Council to sell, convey, or
otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest
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 as follows:
Section 1. The City Council hereby finds that the City’s conveyance of the
Easement subject to terms and conditions substantially set forth in the Easement
Agreement for less than fair market value serves a bona fide public purpose and is in the
best interests of the City as required by City Code Section 23-114 because:
a. The use to which the Easement will be put promotes health, safety or general
welfare and benefits a significant segment of the citizens of Fort Collins by
facilitating public investment in and improvement of the Airport and the users it
Page 91
Item 11.
-2-
serves, and will allow domestic water service for the new public terminal facility
currently being constructed;
b. The use to which the Easement will be put supports one (1) or more of the City
Council’s goals, adopted policies, projects or plans, including the Airport Master
Plan, which was approved by Council;
c. The financial support provided by the City through the below-market disposition
of the Easement will be leveraged with other funding or assistance enabling the
construction and operation of the new terminal facility, which the City ha s
partnered with the City of Loveland to complete;
d. The sale or lease will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental
consequence and is not substantial relative to the public purpose being served
because it will enable development of the new public terminal facility for the
benefit of the Cities and the greater public; and
e. Granting the Easement for less than fair market value will not interfere with
current City projects or work programs, hinder workload schedules, or divert
resources for primary City functions or responsibilities and will ultimately benefit
the Airport and the Cities.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit “A” with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect the interests of the
City of Fort Collins or to effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Ryan Malarky
Page 92
Item 11.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the _____ day of __________, 20__, by and between the
CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third Street, Loveland, CO
80537, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, with an address of 300 Laporte Ave,
Fort Collins, CO 80521, hereinafter referred to jointly as “the Grantors” and Fort Collins-Loveland Water District, a
Political Subdivision of the State of Colorado, hereinafter referred to as “the District”. This Grant of Utility Easement
is effective as of the date of the City’s Official Acceptance in the City’s signature block below
WHEREAS, the Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”)
located in Loveland, Colorado on a parcel of property legally described below; and
WHEREAS, the District desires to install, and obtain an easement for, a waterline necessary to serve the
Airport’s terminal facility that is under construction as of the date of this Agreement.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and other good and valuable
consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantors have granted and
conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non-
exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one
(1) or more domestic waterlines for the transmission and distribution of domestic water, and all underground and surface
appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon:
A __20___ foot easement, the centerline of which is described in the attached Easement Exhibit.
The parties hereto acknowledge that said easement (hereinafter referred to as “the Easement”) is located on a
parcel of property owned by the Grantors legally described as follows and hereinafter referred to as “the Grantors’
Property”:
A parcel of land, being part Larimer County Parcel No. 8633006902, situate in the Southeast Quarter (SEl/4) of Section
Twenty-eight (28), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th
P.M.), City of Loveland, County of Larimer, State of Colorado
In addition to the foregoing grant of easement by the Grantors to the District, the Grantors further grant and
convey to the District the following rights and privileges:
A. The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable. The District will coordinate with Airport staff to perform
such grading at a time that does not unduly interfere with Airport operations. For purposes of this Agreement,
“Airport staff” shall mean the individual(s) designated and authorized by Grantors to make the decisions and
take the actions described and directed herein. The District may rely on information and direction given by
Airport staff and shall have no obligation to verify if that particular individual has been duly authorized by the
Grantors to provide such information and/or direction.
B.Subject to Airport security requirements and prior written consent of Airport staff, which shall not
be unreasonably withheld, the right of ingress and egress in, to, through, over and across the Easement by means
of existing roads (whether public or private) located on the Grantors’ Property.
C. The right to grade, construct, maintain, and use any access roads upon the Grantors’ Property for
such purposes of initial construction and ongoing maintenance with prior written consent of the Airport staff in
the exercise of its right of ingress and egress to and from the Easement. For any construction or alteration on
the Easement or Grantors’ Property, the District will be required to complete and submit to the Federal Aviation
Administration a Form 760-1 “Notice of Proposed Construction or Alteration.”
D. To mark the location of the Easement with markers set in the ground provided that any such
markers remaining after the period of construction of the domestic waterline and appurtenances shall be placed
in locations which will minimize interference with any reasonable use of the Easement area by the Grantor.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 93
Item 11.
E. For all the District’s access needs, such access is subject to the prior written consent of Airport staff
pursuant to the Northern Colorado Regional Airport’s security requirements and other applicable laws, plans,
policies, and rules and regulations. It is the parties’ intent to provide the District as much reasonable access as
possible to the Easement while complying with the rules and regulations associated with operating the Airport.
F. All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
G. Other public utilities such as sanitary sewer, storm sewer, gas, electric, and cable lines may be
installed in the Easement so long as they do not interfere with the District’s rights hereunder and meet he
District’s requirements for separation and crossing of utilities.
The Grantor hereby covenants and agrees to and with the District, its successors and assigns that:
A. Except as otherwise provided in this subparagraph A, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall not erect or place any permanent building,
structure, improvement, fence, tree, or other landscaping on the Easement, excluding the installation of
permanent paved surfaces, including but not limited to roadways and taxiways needed for Airport purposes. In
the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A,
the District shall have the right to require the Grantors to remove such prohibited obstacles from the Easement
and, in the event the Grantors fail to do so upon request, the District may remove such obstacles without any
liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall have the right, without the consent of the District,
to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary
for the full use and enjoyment of the Property. The District shall be responsible at its sole cost and expense for
repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by
the District.
B. The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement and the Grantors’ Property, and that the Grantors have a good and lawful right to convey
the Easement to the District.
The District does hereby covenant and agree to and with the Grantors as follows:
A. The District shall not fence or otherwise enclose the easement, except during periods of
construction and repair.
B. All trenches and excavations made in the laying or repairing of the domestic waterline shall be
properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All
large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill
after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable
for the purpose now used. The District will maintain the trench area and the domestic waterline at its sole cost
and expense.
C. The District may not use the Easement or any of Grantors’ Property for any purpose other than to
transport, serve and distribute potable water. If the Easement is used by the District for any purpose other than
stated herein, the Easement may be terminated at the Grantors’ sole discretion and all of the right, title and
interest of District (and District’s successors or assigns) in and to the Easement become null and void, and the
Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not
been executed, without the necessity for suit or re-entry and District shall remove improvements. No act or
omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of
this paragraph.
D. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused
by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent
acts or omission of its agents or employees during the course of their employment on the Grantors’ Property.
To the extent allowed by law, District agrees to indemnify and hold harmless the Grantors, their officers,
employees, and agents, from and against all liability, claims, and demands on account of any injury, loss, or
damage arising out of or connected with District’s use of the Easement, if such injury, loss, or damage, or any
portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the District or any
officer, employee, agent, or contractor of the District, or any other person for whom the District is responsible.
The District shall notify Grantors and provide a copy of any and all written claims or demands within two
business days of receipt. The District’s indemnification obligation shall not be construed to extend to any injury,
loss, or damage caused by the negligent act or omission of the Grantors.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 94
Item 11.
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then-
current email address for the addressee, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to District:
District Engineer
Fort Collins-Loveland Water District
5150 Snead Drive
Fort Collins, CO 80525
It is mutually agreed between the parties hereto that:
A. Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District, the Grantors shall retain the right to use and enjoy the Easement.
B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives, successors, or assigns of the parties hereto.
C. Whenever used herein, the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D. This Easement is and shall be subordinate to the provision of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of the Airport, the execution
of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds
for the benefit of the Airport. Airport staff shall give the District adequate written notice of any future
agreements that may impair any grant contained in this Agreement.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 95
Item 11.
E.This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and, except as provided herein, may not be modified or amended except by written agreement of the parties. In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such
holding shall not invalidate or render unenforceable any other provision of this Easement. This Agreement shall
be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
F.This Agreement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Agreement. Facsimile, scanned and other electronic signatures permitted by law,
for purposes of this Agreement, shall be deemed as original signatures.
G.The District shall at its sole expense record this Agreement in the real property records of the Clerk
and Recorder of Larimer County, Colorado.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 96
Item 11.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
GRANTORS:
City of Fort Collins, Colorado
A municipal corporation,
By:
ATTEST:
Date Interim City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
City of Loveland, Colorado
A municipal corporation,
By:
ATTEST:
City Clerk Date
APPROVED AS TO FORM:
Senior Assistant City Attorney
GRANTEE:
FORT COLLINS LOVELAND – WATER DISTRICT,
a quasi-municipal corporation and political subdivision of the State of
Colorado
By: ______________________________________
District Engineer
GRANTEE:
FORT COLLINS LOVELAND – WATER DISTRICT,
a Political Subdivision of the State of Colorado
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 97
Item 11.
By: ______________________________________
Chris Pletcher, General Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this __ day of _______________, 20__ by
_________________________________.
Witness my hand and official seal. My Commission Expires:
_____________________
Notary Public
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 98
Item 11.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 99
Item 11.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 100
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 10
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Lawrence Pollack, Budget Director
SUBJECT
First Reading of Ordinance No. 049, 2024, Reappropriating Funds Previously Appropriated in 2023
But Not Expended and Not Encumbered in 2023.
EXECUTIVE SUMMARY
The purpose of this item is to reappropriate monies in 2024 that were previously authorized by Council for
expenditures in 2023 for various purposes. The authorized expenditures were not spent or could not be
encumbered in 2023 because:
● There was not sufficient time to complete bidding in 2023 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies; or
● The project for which the dollars were originally appropriated by Council could not be completed during
2023 and reappropriation of those dollars is necessary for completion of the project in 2024.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2023 to carry on
programs, services, and facility improvements in 2024 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2023 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $2,498,249
Cultural Services Fund 55,000
Recreation Fund 251,064
Museum Fund 61,265
Transportation Service Fund 1,288,625
Water Fund 52,500
Date & Communications Fund 390,600
Total $4,597,303
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Page 101
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 10
BACKGROUND / DISCUSSION
The Executive Team has reviewed the Reappropriation requests to ensure alignment with organization
priorities and the Budget staff reviewed the requests to verify that all met qualification requirements . The
2024 Reappropriation requests are as follows, by fund:
GENERAL FUND
City Clerk’s Office
1) City Clerk Elections - $188,375
Purpose for funds: This offer was developed to fund the 2023 regular municipal election on the presumption
that a regular municipal election would occur in April of 2023 and would be conducted by the City Clerk's
Office. Council put a ballot question before the voters in November 2022 which changed the regular
municipal election date to November in odd numbered years.
Reason funds not expensed in 2023: The 2023 election expenditures resulted in cost savings due to the
election being coordinated with Larimer County in a November election and not conducted by the City.
The remaining funds are requested to be reappropriated to support the 2024 coordinated election, which
will include the City's anticipated sales tax renewal ballot questions. A 2024 election was not fully budgeted
in the 23-24 BFO cycle.
2) Legislative Management System Implementation - $27,945
Purpose for funds: A legislative management system provides the backbone for how information about
policy decisions gets to and from the Council. Currently, the City uses an agenda management system that
is past its useful life for receiving ongoing support and updates from the vendor, and is not as robust as
newer solutions on the market. Implementation of a new legislative management system will provide the
public with greater access to City legislative information, provide time savings for staff and the Clerk’s
Office, and decrease demands on IT for setup and support.
Reason funds not expensed in 2023: The City's competitive selection process took place in the second
half of 2023, resulting in a vendor engagement and the start of software implementation in first quarter of
2024. Now with a vendor under contract, first-year costs have been priced at $127,945, as compared to
the original first-year project estimate of $150,000 in 2023. No expenditures occurred in the first year of the
project budget. This request is to reappropriate $27,945 of the unspent $150,000 to increase the 2024
budget to meet the new first-year software implementation cost. Year-two and annual ongoing costs of the
Legislative Management System have been priced at $89,600, as compared to the original project estimate
budget of $100,000 ongoing.
Community Development and Neighborhood Services
3) Administration of 1041 Regulations - $320,000
Purpose for funds: Ordinance 2023-076 was adopted in June 2023 to ensure the City had adequate
oversight of 1041 regulations by retaining the services of a third-party consultant to assist in the review of
proposals and permit applications to conduct designated activities or develop within a designated area,
and to conduct follow up inspections and monitoring related to issued permits.
Page 102
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 10
Reason funds not expensed in 2023: Although several Request For Proposals (RFP) were initiated,
followed by local vendor interviews, an RFP re-scoping exercise, direct outreach to out-of-state companies,
and timeline extensions to the RFP, staff did not receive any proposals to contract services for this program.
On January 4, 2024, the City Manager approved a hiring exception for a Classified FTE (1) for the purpose
of administering 1041 regulations.
4) Rental Housing Services - $65,000
Purpose for funds: Last year, Council passed an ordinance that will require most housing providers to
register their rental properties annually (exceptions are mobile home parks and owner-occupied rentals).
They also approved staffing to develop educational opportunities and provide resources for both housing
providers and tenants. This is an exciting opportunity for the City to be a partner to housing providers and
tenants, and an active supporter of quality affordable rental housing in the community. This budget was
designed to cover the startup costs of the program, including materials for new staff, for community
consultants to build equity and inclusivity into the program, and to create communication materials for both
housing providers and tenants.
Reason funds not expensed in 2023: Funding appropriation was delayed and hiring of the Rental Housing
Manager was not complete until October of 2023, which left little time for expenditure of funds. These
startup funds are critical for ensuring that the rental housing program is a success. If these funds are not
appropriated, we will have reduced capacity for education and engagement with the thousands of
community members who are part of the rental market. These funds are pivotal to the start-up phase of the
program which was built to have higher hourly and consultant needs.
5) Digital Transformation (Licensing, Permitting, and Code Enforcement) - $757,000
Purpose for funds: This project represents a vital opportunity to simplify, standardize, and improve
processes in preparation for a dramatic and sustained increase in community demand for licensing and
permitting. The current licensing and permitting environment relies on a patchwork of Accela-based
systems, spreadsheets, paper applications, and online forms. This means that customers must navigate
multiple different systems and requirements depending on the specific license/permit they are seeking. In
addition, process improvements and system changes within Accela currently require the investment of
significant funding and rely on extensive IT support and use of third-party contractors. This initiative will
include simplifying and standardizing business processes alongside the evaluation of optimal digital
solutions to build a more holistic, customer-centered software ecosystem that incorporates a wider range
of internal users. The result will be implementation of a more holistic, customer-centered software
ecosystem to increase efficiency, advance accessibility, and improve the overall customer experience.
Reason funds not expensed in 2023: Project funds were partially encumbered ($170,000) and spent
($22,500) in 2023 to procure an additional contractor at the strong recommendation of the City's IT
department, since the scope of the desired software functionality expanded significantly to include the
needs of Utilities, Clerk, IT, and Community Development within this "digital transformation" priority. This
contractor was utilized to synthesize needs from these multiple parties, to better ensure that the future
software solution meets the project's vision, guiding principles, and key success factors, ultimately
providing a more consistent user experience, and better internal coordination and efficiencies. With the
expansion of the project scope, the selection contractors helped assemble a 600-page RFP which was
released on January 12, 2024; and closed February 16, 2024. Initial vendor evaluation phase is in progress
with procurement anticipated in May. The funds requested for reappropriation in 2024 are expected to be
encumbered in 2024 with the selected vendor, and the work is expected to extend into 2025. The team
anticipates that the remaining budget will be fully utilized for this phase of configuration and implementation.
Future budget appropriations are anticipated for any expansion of the scope, additional implementation
phases, necessary change management tasks, and ongoing maintenance and subscriptions for user an d
administrator accounts.
Page 103
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 10
Economic Health Office
6) Placer AI Software - $32,750
Purpose for funds: Placer AI is a location-based analytics company. Charting both foot and vehicular traffic,
Placer data provides insight into how people move through the City. This data will be used to better
understand and mitigate capital project construction impacts on local business, as well as assist in other
economic development efforts like site selection and business retention.
Reason funds not expensed in 2023: This reappropriation is necessary because contract negotiations
between Placer AI, City Purchasing, and CAO were not completed before the end of 2023.
7) Small Business Revolving Loan Fund - $25,000
Purpose for funds: The accumulated economic development fund was set aside to create the City of Fort
Collins Revolving Loan Fund for Small Businesses and Startup companies operating in Fort Collins. The
City will use the funds to support program access to capital for small businesses in Fort Collins city limits,
including those that have historically not had access to traditional financial capital markets.
Reason funds not expensed in 2023: $25,000 is set aside each year to cover administrative and marketing
costs of the third-party and City Economic Health Office. The Revolving Loan Fund was not launched at
the end of Q4, 2023, so these funds need to be reappropriated and held for a Q1/Q2 2024 launch of the
fund.
Emergency Preparedness and Security (EPS)
8) Security Technology for Emergency Preparedness - $13,456
Purpose for funds: This offer provides funding for security technology upgrades to Community Services
public facilities, with priorities being set by Community Services staff in conjunction with EPS. Specifically,
this reappropriation request is to finish security camera infrastructure projects at Northside Aztlan, Museum
of Discovery, and the Lincoln Center.
Reason funds not expensed in 2023: Security cable installation at the three forementioned public facilities
was planned and contracted in 2023. However, the projects were not completed until late 2023 and early
2024 due to schedule coordination with contractors. Three invoices for the completed work have been
received and are scheduled to be paid in 2024, totaling $13,456.
Environmental Services
9) CivicSpark Fellowship for Our Climate Future - $22,800
Purpose for funds: This Fellowship provides an opportunity for an early-career professional to work full-
time in local government, partially subsidized by the federal AmeriCorps program, through a nonprofit called
CivicWell. The City’s contribution is roughly the same as what has been historically allocated for a part-
time program assistant, thanks to the partnership with CivicWell. Typically, the 11-month Fellowship runs
from September to August of the following year and there is a slight discount if the funds are paid in full at
the start of the contract period.
Reason funds not expensed in 2023: This cycle, the placement was shortened to a three-quarter
placement, beginning in January 2024. This resulted in a timing issue for funding held in 2023 for the 2023-
24 cohort. We are requesting the 2023 funds be reappropriated to support the original request that
historically would have been funded in full beginning in Q4, 2023.
Page 104
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 10
Municipal Court
10) Larimer County Jail Contract - $18,260
Purpose for funds: Through an annual contract with Larimer County, the City of Fort Collins is provided
joint use of the Jail and Larimer County Sheriff services. Instead of paying per bed space used, per bond
issued at the jail, and per in-custody hearing held, the City pays a set price for the use of these services.
In 2023, City reserved two bed spaces per day to ensure there was space available if a Municipal Court
defendant upon conviction of an applicable municipal ordinances or a f inding of contempt of court by a
Judge was sentenced to serve jail. The Court held approximately 140 in-custody hearings involving over
800 cases and used approximately 900 jail bed spaces in 2023. Accordingly, the City's reserved bed
spaces for 2024 has increased from two to three bed spaces per day, as it had been prior to 2023.
Reason funds not expensed in 2023: The 2023 Annual Jail Services contract with Larimer County totaled
$106,500, while the Municipal Court budgeted $125,000 in 2023 for this service. For 2024, the contract
was raised to $195,000 while our budget is only $130,000. To offset this difference, we are requesting the
2023 savings to be reappropriated to the 2024 budget.
11) Opioid Relief Fund - $75,000
Purpose for funds: To date, the City has received a total of $170,169 as part of a national opioid settlement.
The Council Finance Committee and City Council supported an appropriation of $75,000 in August 2023
to establish a municipal drug court program that would provide evidence based problem-solving court
practices. No expenditure occurred in 2023 as part of the new Drug Court program.
Reason funds not expensed in 2023: Municipal Court is in the process of hiring 1 FTE Probation Officer.
Because this program is one of the first in its kind for a Municipal Court in Colorado, the Court is carefully
vetting potential candidates and their qualifications to make sure that the creation of this program is
considered a best practice from the start. The position was originally planned to start in 2023 but is now
anticipated to start in the second quarter of 2024.
Police Information Systems
12) Northern Colorado Regional Communication Network (NCRCN) Radio Redundancy- $30,000
Purpose for funds: This reappropriation is for additional needed radio infrastructure to create redundancy
to the communication system within the Northern Colorado Radio Communication Network.
Reason funds not expensed in 2023: In 2023, ORD 41 was approved to fund needed repairs on the radio
towers on top of Poudre Valley Hospital and just north of Horsetooth Mountain, however, there is a final
phase of this project that is necessary to close weaknesses in the communication system. This last phase
will create redundancy between the 911 call center and Platte River Power Authority so that communication
could continue if the existing fiber node was not functioning. This will be completed by Q3 of 2024.
Police Office of the Chief
13) City Give - Rifle Plates - $102,563
Purpose for funds: This reappropriation is for the remaining portion of a charitable gift designated by the
donor as a demonstration of appreciation for Police Services to be used toward personal protection
equipment.
Reason funds not expensed in 2023: In 2022 and 2023 Police Services purchased personal protection
equipment for all applicable officers. The Chief of Police continues to explore ways to spend the remaining
amount that will meet the current needs of Police Services and also honor the donor’s designated intent.
Page 105
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 10
14) Santa Cops Donation - $500
Purpose for funds: In 2023 ORD 093 was approved by Council as a part of the City Give program. This
donation was made by Santa Cops to help purchase gifts for kids in need during the holidays.
Reason funds not expensed in 2023: Changes in programming resulted in the donation not being deployed
in 2023. The funds will be used in 2024 per the designated intent.
Police Patrol
15) Police Handheld Radios - $620,000
Purpose for funds: In 2023 ORD 108 was approved by Council in September to purchase handheld radios
for Police Services as a critical piece of equipment to be effective in providing safety for the community.
Reason funds not expensed in 2023: Because of the size of the order that was placed in the later part of
2023 and the extensive process to get all of the radios ready for use, the payment will not be made until
the early part of 2024.
Social Sustainability
16) Electrical Vehicle (EV) Infrastructure Offset Credits - $199,600
Purpose for funds: These funds address the cost differential between current Colorado Housing and
Finance Authority requirements and the updated Building Code requirements for Electric Vehicle (EV)
infrastructure for affordable developments. The program provides cost-sharing of these additional
infrastructure requirements by providing credits of flat fees calculated per project based on eligible parking
spaces.
Reason funds not expensed in 2023: Two developments were awarded these EV credits in 2023. All future
affordable housing developments will be built to the standards in the 2021 Building Code and will therefore
qualify for this incentive. Amounts will vary depending on the number of parking spaces per development.
CULTURAL SERVICES & FACILITIES FUND
Cultural Services – Gardens on Spring Creek
17) The Gardens on Spring Creek Nutrien Donation - $55,000
Purpose for funds: Nutrien donated $100,000 to The Gardens on Spring Creek in 2023 which is designated
for supporting healthy eating programs, including exterior capital improvements of the Outdoor Teaching
Kitchen at The Gardens.
Reason funds not expensed in 2023: The donation from Nutrien was appropriated in April 2023. The donor
did not place a deadline for expending the funds. In some cases, in 2023, purchases were held up trying
to get pricing quotes from vendors. Gardens staff have been looking at best uses for the funds going
forward.
In 2023 The Gardens used the donation funds to hold cooking classes for adults and for summer camp,
purchased supplies for the outdoor kitchen, and completed minor capital work including new locks, concrete
and engraving work, and water heater and weather-stripping repairs. The Gardens is working with City
Give so that the next time a donation of this type is received the funds will be put into a non-lapsing business
unit.
Page 106
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 7 of 10
RECREATION FUND
Recreation
18) EPIC Asset Repair & Replacement - $251,064
Purpose for funds: 2023 Offer 43.16 proposed three projects to address severe facility maintenance issues
at EPIC. The offer was then scaled down to include only one of the projects to address drainage of the
EPIC Pool deck. Low spots and inadequate slopes cause water to create puddles and not drain properly.
To improve the safety and comfort of pool users it is necessary to rework the deck tile so water that splashes
onto the deck will flow to one of the existing deck drains. EPIC was designed to be a competitive pool, but
because of this issue some outside groups no longer want to use EPIC for swim meets as it does not meet
their standards.
While the pool deck remains a high priority, further assessment is needed to capture the full scope of
repairs that are necessary along with budgeting for the total repair. We would like to shift these funds in
2024 to the second priority listed in Offer 43.16 of replacing the flooring that surrounds the ice rinks.
Reason funds not expensed in 2023: Project became underfunded due to escalated costs in 2023. $13,316
had been spent on Project Management fees assessing the deck in 2023.
MUSEUM FUND
Cultural Services – FC Museum of Discovery
19) The Museum of Discovery Artifact Housing Furniture - $61,265
Purpose for funds: This offer will provide funds to purchase and install a collections storage system and
special archival quality equipment and supplies at the Fort Collins Museum of Discovery (FCMoD). This
enhancement includes a one-time expense for the purchase, delivery and installation of shelving and
cabinetry custom designed for specific types of artifacts and contract staff to move and rehouse artifacts
using specialized supplies including general conservation materials such as ethafoam, buffered tissue, and
acid free archival boxes.
As the artifact collection continues to grow the need to complete the buildout of the storage furniture is
reaching critical mass. Approximately half of the collection’s storage furniture is installed and is safely
housing historical collections owned by the City of Fort Collins. It is important to properly house historic
collections like the one held at FCMoD to industry standards to preserve history and to help the community
to tell stories of all and our place in time. The Archive & Collections are a valuable community resource,
they are accessible and free for any member of the public.
Reason funds not expensed in 2023: The furniture was received in late 2023 and the Museum needs to
use the remaining funds for staffing to set up the new furniture and make sure that all artifacts are properly
handled and stored.
TRANSPORTATION FUND
Streets
20) Roof Replacement for Salt Barn - $185,000
Purpose for funds: The purpose of this request is to reappropriate $185,000 for the Streets Department
Salt Barn roof replacement. The existing EPDM (ethylene propylene diene terpolymer) roof has been
leaking, the membrane has become de-laminated from the substrate, and the roof is well past its life.
Additionally, the interior leaks of the roof at the perimeter; the scuppers and downspout collector heads are
Page 107
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 8 of 10
also leaking. These leaks and the freeze/thaw cycling during the winter months are causing damage to the
interior and exterior of the brick structure of the historic building.
Reason funds not expensed in 2023: The Streets Department and Operation Services conducted a
thorough review of concerns arising from the roof of the Salt Barn due to the severe weather events during
the Spring and Summer of 2023. The structural age of the facility required an asbestos test prior to obtaining
a quote, adding additional time to the project. Once the quotes were received the total cost of the roof
exceeded the RFP work order on-call max of $120,000. As a result, an RFP or bidding process needs to
be completed for the roof which could not be completed by the end of 2023.
21) Centre Avenue Paving Project - $657,000
Purpose for funds: The purpose of this request is to reappropriate $657,000 from the 2023 Street
Maintenance Program (SMP) budget to cover the costs of the Centre Avenue project which was scheduled
to be completed in 2023. This project includes an asphalt overlay of three streets: Centre Avenue between
Prospect Road and W orthington Circle, Worthington Avenue between Centre Avenue and Drake Road,
and Research Boulevard between Centre Avenue and Drake Road.
Reason funds not expensed in 2023: The Centre Avenue project was scheduled to be repaved in 2023
during the summer when Colorado State University (CSU) was on break to minimize the impact to the
students and faculty since this project is adjacent to the CSU campus. The project was postponed to 2024
to coordinate with the pedestrian and bicycle underpass project that goes under Prospect Road (just west
of Centre Avenue). The Prospect Road underpass project was delayed and completed as CSU returned
to school in August. To minimize the traffic impact to CSU, the Centre Avenue project was postponed to
the following year.
22) MAX/BRT Bus Line Pavement Upgrade - $366,625
Purpose for funds: The purpose of this request is to reappropriate $366,625 from the 2023 Street
Maintenance Program (SMP) budget to cover the costs of the Mason BRT/ MAX project which was
scheduled to be completed in 2023. The work was not completed north of Mountain Avenue to Maple Street
in 2023.
Reason funds not expensed in 2023: This project was delayed due to contract negotiations with BNSF.
Work ceased as the winter and colder temperatures shut down the project towards the end of the 2023
construction season. This final phase of the project includes an asphalt overlay and concrete improvements
on Mason Street between Mountain Avenue and Maple Street. These last two blocks of work will complete
the approved 2023 Asset Management Enhancement Offer 7.12 – Street Maintenance Program – MAX/
BRT Bus Line – Downtown Concrete Pavement Upgrade project.
Traffic
23) Neighborhood Traffic Mitigation Program Project Construction - $80,000
Purpose for funds: Traffic in neighborhoods can affect the quality of life for residents, bicycles, pedestrians,
as well as drivers. The Neighborhood Traffic Mitigation Program is a collaborative effort between
neighborhoods and staff to implement traffic calming options. In 2023, Traffic received $150,000 funding
for traffic calming devices and an additional $65,000 funding for medians and/or pedestrian refuge islands,
sidewalk curb extensions and traffic diverters in order to achieve a more "complete streets" approach to
traffic calming. The offer included funding for professional (consulting) services and funding for the
construction of traffic mitigation devices on neighborhood streets. Traffic is requesting $80,000 to be re-
appropriated from the 2023 budget to construct these mitigation improvements.
Page 108
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 9 of 10
Reason funds not expensed in 2023: Due to staffing changes and consultant availability, design of the
mitigation improvements for Stuart and Stover was not started until fall. Survey and design will be
completed in the Spring of 2024, and the construction will start in the summer/fall.
WATER FUND
Utilities Water Resources
24) Northern Integrated Supply Project (NISP) Response & Engagement - $52,500
Purpose for funds: Since 2008, the City has developed and contributed science-based input to the various
planning stages of the Northern Integrated Supply Project (NISP) project with the goal of minimizing
adverse impacts on the Poudre River and the Fort Collins community. The City’s efforts have resulted in
positive changes to this project which are reflected in the NISP operations and mitigation plan. Funding
from this 2022 offer is intended to provide technical consulting and engineering support to inform the City’s
engagement in future NISP planning efforts. Specifically, staff will engage in NISP adaptive management
and master planning stakeholder processes; however, additional technical and consulting support will be
needed to achieve the desired outcomes. Funds from this offer would support: 1) Water resources
engineering and analysis to advise the NISP flow operations and ensure the proposed flow mitigation
program is realized; 2) Advisement for the development of NISP’s proposed Master Plan and Adaptive
Management Program; and 3) Additional discipline-specific representation on technical advisory groups
and input for project infrastructure proposed within the City limits.
Reason funds not expensed in 2023: The NISP project Record of Decision (ROD) was released in late
2022, and Northern Water's Adaptive Management and River master Planning discussions with Poudre
basin stakeholders did not commence until Q3 of 2023. To date, however, there has only been one meeting
to restart the planning process. More active engagement is expected in 2024, per communication from
Northern Water. Staff will continue to respond to the project timeline and engagement process that Northern
Water develops for their project. Funds from this budget offer will be used for the original intended purpose
of developing science-based input with the assistance from technical and engineering consultants, on how
the NISP project impacts should be managed, mitigated and monitored.
DATA AND COMMUNICATIONS FUND
Information Technology
25) GIS Cloud Modernization - $90,600
Purpose for funds: The GIS Cloud Modernization support efforts to modernize the existing ArcGIS
Enterprise Portal implementation. This work will simplify and stabilize the existing platform in order to
reduce the support required from IT to maintain this system. This also frees resources to focus on higher
value work. The modernization will reduce the support needed for the GIS infrastructure while ensuring the
stability, availability, and security of the environment for its 1121 users. Migrating existing solutions onto
ArcGIS Online where appropriate, establishing GIS Governance, implementing advanced monitoring,
deprecating outdated applications, and upgrading to current versions of software will allow for reduced
confusion and application fatigue. There is a need to work with other teams, including IT Security, to make
sure this solution meets all requirements.
Reason funds not expensed in 2023: These funds were not fully expended in 2023, as the team spent the
beginning of the year focusing on procuring an Esri Advantage Program that provides guidance and
assistance with accomplishing the identified modernization efforts. Efforts in 2023 were focused on the first
stage of upgrading the ArcGIS Enterprise platform to the current version. As this is a planned multi -year
project, activities in 2024 will be focused on establishing governance for GIS, implementing advanced
monitoring of the system, deprecating the use of applications that are no longer supported by Esri, and
continuing the process to upgrading to the current versions of all applications on the platform.
Page 109
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 10 of 10
26) ERP System Replacement - $300,000
Purpose for funds: This offer will identify the components necessary for the City to implement a modernized
ERP ecosystem, accounting for all readiness components, and will focus on the first two phases necessary
to transform our business processes into a modern solution while minimizing customizations that
exponentially increase implementation and support costs. To succeed this must become a business-led,
technology-enabled transformation and we must plan this modernization in six key phases: 1) discovery
and planning, 2) business process transformation, 3) design and development, 4) change management
and training, 5) testing and implementation, and 6) operational support. Maintaining our current platform
amplifies the need for high-touch, manual support. A new ERP solution will implement industry best
practices necessary to standardize and streamline processes, reduce costly customization, address talent
resiliency while improving our risk management, and disaster recovery practices, and ensure compliance
with our pending end-of-life support. Also, implementing a standard solution will reduce the 32+ interfaces
necessary to support today.
Reason funds not expensed in 2023: These funds were not expended in 2023, as the team was focusing
efforts on aligning with the following statement from the original offer: "To succeed, this must become a
business-led, technology-enabled transformation…" Efforts in 2023 were focused on transforming this into
a business-led plan by coordinating with outside vendors and multiple counties and municipalities, such as
Alight, Denver, Boulder, and Kitsap County, who walked Finance, HR, and IT staff through their unique
experiences with previous implementations to help the City prepare for ERP preparation and replacement,
before the City spends any of the allocated and future funds.
For 2024, continuation of this work includes hiring a consultant to facilitate a collaboration effort between
the key City departments to provide strategic planning, readiness, change management planning, business
process review, data considerations, and other key initiatives required to develop and support the business
processes to be served by a future ERP system.
CITY FINANCIAL IMPACTS
This Ordinance increases 2024 appropriations by $4,597,303. A total of $2,498,249 is requested for
reappropriation from the General Fund, $1,288,625 is requested from the Transportation Fund, and
$810,429 from other funds. Reappropriation requests represent amounts budgeted in 2023 that could not
be encumbered at year-end. The appropriations are from prior year reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 110
Item 12.
-1-
ORDINANCE NO. 049, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN
2023 BUT NOT EXPENDED AND NOT ENCUMBERED IN 2023
A. City Council authorized expenditures in 2023 for various purposes in the
General Fund, the Cultural Services Fund, the Recreation Fund, the Museum Fun d, the
Transportation Services Fund, the Water Fund, and the Data and Communications Fund,
portions of which were not spent or encumbered in 2023 .
B. Article V, Section 11 of the City Charter pro vides that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general
or special fund, unless it is an appropriation for capital projects or for federal, state, or
private grants or donations that has been previously designated by City Council as a non-
lapsing appropriation.
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 f iscal year such 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 appropriations described herein
and has determined that the amounts to be appropriated as described herein are
available and currently unappropriated and will not cause the total amount appropriated
in the Funds as described herein to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in those Funds during this fiscal year .
E. It is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures and their respective
public purposes authorized in 2023 for which such appropriated funds were not expended
and not encumbered during 2023.
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 prior year reserves in the General
Fund the sum of TWO MILLION FOUR HUNDRED NINETY-EIGHT THOUSAND TWO
HUNDRED FORTY-NINE DOLLARS ($2,498,249) to be expended in the General Fund
for the following purposes:
City Clerk Elections $188,375
Legislative Management System Implementation $27,945
Administration of 1041 Regulations $320,000
Rental Housing Services $65,000
Page 111
Item 12.
-2-
Digital Transformation (Licensing, Permitting, and Code Enforcement) $757,000
Placer AI SaaS for EHO $32,750
Small Business Revolving Loan Administrative Fund $25,000
Security Technology $13,456
CivicSpark Fellowship for Our Climate Future $22,800
Larimer County Jail Contract $18,260
Opioid Relief Fund $75,000
NCRCN radio redundancy $30,000
City Give Rifle Plates $102,563
Santa Cops Donation $500
Police Handheld Radios $620,000
EV Infrastructure Offset Credits $199,600
GENERAL FUND TOTAL $2,498,249
Section 2. There is hereby appropriated from prior year reserves in the Cultural
Services Fund the sum of FIFTY-FIVE THOUSAND DOLLARS ($55,000) to be expended
in the Cultural Services Fund for the following purposes:
The Gardens on Spring Creek Nutrien Donation $55,000
CULTURAL SERVICES FUND TOTAL $55,000
Section 3. There is hereby appropriated from prior year reserves in the
Recreation Fund the sum of TWO HUNDRED FIFTY-ONE THOUSAND SIXTY-FOUR
DOLLARS ($251,064) to be expended in the Recreation Fund for the following purposes:
EPIC Asset Repair & Replacement $251,064
RECREATION FUND TOTAL $251,064
Section 4. There is hereby appropriated from prior year reserves in the Museum
Fund the sum of SIXTY-ONE THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS
($61,265) to be expended in the Museum Fund for the following purposes:
The Museum of Discovery Artifact Housing Furniture $61,265
MUSEUM FUND TOTAL $61,265
Section 5. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE MILLION TWO HUNDRED EIGHTY-
EIGHT THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($1,288,625) to be
expended in the Transportation Services Fund for the following purposes:
Roof Replacement for Salt Barn $185,000
Centre Avenue Paving Project $657,000
MAX/BRT Bus Line Pavement Upgrade $366,625
Page 112
Item 12.
-3-
Neighborhood Traffic Mitigation Program Project Construction $80,000
TRANSPORTATION SERVICES FUND TOTAL $1,288,625
Section 6. There is hereby appropriated from prior year reserves in the Water
Fund the sum of FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($52,500) to be
expended in the Water Fund for the following purposes:
Northern Integrated Supply Project (NISP) Response & Engagement $52,500
WATER FUND TOTAL $52,500
Section 7. There is hereby appropriated from prior year reserves in the Data &
Communications Fund the sum of THREE HUNDRED NINETY THOUSAND SIX
HUNDRED DOLLARS ($390,600) to be expended in the Data & Communications Fund
for the following purposes:
GIS Cloud Modernization $90,600
ERP System Replacement $300,000
DATA & COMMUNICATIONS FUND TOTAL $390,600
Introduced, considered favorably on first reading on April 2, 2024, and approved
on second reading for final passage on April 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
Chief Deputy City Clerk
Effective Date: April 26, 2024
Approving Attorney: Ryan Malarky
Page 113
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
Matt Simpson, Civil Engineer III
SUBJECT
First Reading of Ordinance No. 050, 2024, Approving the Conveyance of a Temporary Construction
Easement for the Construction of Permanent Stormwater Improvements on City Property to DHIC-
Enclave, LLC.
EXECUTIVE SUMMARY
The purpose of this item is to approve an Ordinance that would permit the conveyance of a Temporary
Construction Easement (the “Easement”) on approximately 4.36 acres (189,996 sf) of City property known
as the Redwood Detention Pond and the Redwood Channel (collectively, the “City Property”) to DHIC –
Enclave, LLC (“Developer”), in exchange for the construction of permanent stormwater master plan
improvements on the City Property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Redwood Detention Pond and Redwood Channel
A portion of the City Property was dedicated to the City for public use on June 7,1977, as part of the Replat
of Evergreen Park Second Filing (the “Redwood Detention Pond”). Redwood Detention Pond is a regional
detention pond currently serving various properties in the Dry Creek Basin. Redwood Detention Pond
currently provides stormwater runoff detention, water quality treatment, and a stormwater outfall for new
and existing developments in the area. Approximately 54 acres of existing developed area within the City
drain to the existing Redwood Detention Pond. The enlargement of the existing Redwood Detention Pond
is specified in the Northeast College Corridor Outfall plan (NECCO) and will provide important flood
protection to existing residences immediately south of the existing Redwood Detention Pond as well as
flood protection to southern portions of the Dry Creek Basin.
The other portion of the City Property was purchased by the City on July 20,1990, from Century Bank, and
is 2.064 acres, more or less (the “Redwood Channel”). The Redwood Channel was originally constructed
to provide stormwater drainage from northern properties into the City Evergreen Detention Pond, located
to the east of Redwood Detention Pond.
Page 114
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Development Project
The Easement is required as part of the development review process for the Developer’s adjoining
development known as the Enclave at Redwood, being a 238 unit residential development (the
“Development”) of approximately 30.178 acres originally purchased by the Developer on December 16,
2021, (the “Developer Property”). The Developer has submitted plans to the City for the Development,
which is currently in the final stages of the development review process. A portion of the Development,
being approximately 1/5th of the Developer Property, will also use Redwood Detention Pond as an off-site
stormwater detention facility.
Under the terms of the Easement, the Developer will enlarge Redwood Dete ntion Pond to provide an
additional 6 acre-feet of stormwater storage, but only approximately 1.5 acre-feet are needed for the
Development.
The Easement
The Easement is required for the Developer to access the City Property to construct the master drainag e
plan improvements (the “Stormwater Improvements”) to the existing Redwood Detention Pond, which
include the removal of existing stormwater infrastructure, significant regrading, increased storage capacity,
improved functionality, enhanced natural habitat, trees, and vegetation. The estimated total cost of the
Stormwater Improvements, excluding revegetation and restoration, is $408,846, which shall be borne
solely by the Developer. However, the City will be providing a repayment to the Developer for “enhanced
vegetation” and the costs of the storm main(s), and such costs would normally be expenses incurred by
the City. The Easement 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 Developer and/or its contractors to provide accurate surveys, legal
descriptions, and title review for the Easement.
Easement Valuation
The City Property is presently valued at approximately $189,996, being $1.00/sf because Redwood
Detention Pond is restricted for public use and Redwood Channel is irregularly shaped and non-buildable
as a stand-alone parcel. The Easement is valued at $75,998, being 40% of the value of the City Property,
or 10% per year of Developer’s occupancy for a total of four (4) years. There are no other improvements
that will be negatively impacted as part of the Easement because all existing stormwater improvements
and landscaping will be replaced according to the Final Development Plans.
CITY FINANCIAL IMPACTS
Other than staff time and related expenses, the only additional cost to the City associated with the
Easement is the waiver of the $75,998 in potential revenue for the Easement, which is offset by the
$408,846 estimated total cost of the Stormwater Improvements. The City will reimburse the Developer for
the enhanced vegetation and costs of storm mains, which would ordinarily by City expenses.
Staff recommends that the Easement be granted for no monetary consideration because the Fort Collins
Utilities ratepayers will be adequately compensated as summarized above.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This W ater Commission does not need to consider or approve of this Ordinance.
Page 115
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
4. Vicinity Map
Page 116
Item 13.
-1-
ORDINANCE NO. 050, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONVEYANCE OF A TEMPORARY
CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF
PERMANENT STORMWATER IMPROVEMENTS ON CITY
PROPERTY TO DHIC-ENCLAVE, LLC
A. The City owns a parcel of real property located southeast and adjacent to
the intersection of Conifer Street and Redwood Street as shown and described on Exhibit
“A”, attached and incorporated herein by reference (the “City Property).
B. DHIC-Enclave, LLC (the “Developer”) intends to develop vacant land near
the City Property for a 238-unit residential development known as the Enclave at
Redwood (the “Development”), and a portion of the Development will use the Redwood
Detention Pond as an off -site stormwater detention facility.
C. The Developer has submitted plans for the Development to the City (the
“Development Plans”), which have been reviewed by City staff and are in the final stages
of the development review process. As part of that process City staff asked the Developer
to acquire a temporary construction easement for the Development to allow for certain
work within the City Property to improve the Redwood Detention Pond.
D. The temporary construction easement to the Developer covers 189,996
square feet of the City Property as shown and described on Exhibit “B”, attached and
incorporated herein by reference (the “TCE”). The TCE will allow Developer to enlarge
the Redwood Detention Pond to provide approximately 6 acre-feet of additional
stormwater storage, while the Development would only require approximately 1.5 acre -
feet of storage.
E. The TCE will allow the Developer to access the City Property to construct
improvements to the existing Redwood Detention Pond consistent with the City’s master
drainage plan improvements, including the removal of existing stormwater infrastructure,
significant re-grading, increased storage capacity, improved functionality, enhanced
natural habitat, trees, and vegetation.
F. 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.
G. 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.
H. City staff estimates the value of the TCE at $75,998; however, staff also
estimates that the work the Developer will do on the City Property in the TCE has a value
Page 117
Item 13.
-2-
of approximately $408,846. While City staff anticipates reimbursing the Developer for a
portion of that work for enhanced vegetation and storm mains as part of ordinary City
expenses for stormwater, staff has recommended that the City convey the Easements to
the Developer 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 TCE to the Developer 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 TCE to Developer 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 TCE, 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 April 2, 2024, and approved
on second reading for final passage on April 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 26, 2024
Approving Attorney: Ryan Malarky
Page 118
Item 13.
EXHIBIT A TO ORDINANCE NO. 050, 2024
City Property
Description:
Parcel 1: 4.02 acres, more or less, located in the S/2 of Section 1, T7N, R69W, 6th PM, Larimer
County, Colorado, being more particularly described as Tract A, Replat of Evergreen Park Second
Filing recorded June 13, 1977, in Book 1775, Page 584, Clerk and Recorder’s Records, Larimer
County, Colorado.
Parcel 2: 2.064 acres, more or less, located in the E/2 of Section 1, T7N, R69W, 6th PM, Larimer
County, Colorado, being more particularly described in that certain Warranty Deed recorded
August 31, 1990, at Reception No. 19900039473, Clerk and Recorder’s Records, Larimer County,
Colorado.
Location Address:
Vacant Land located in the S/2 of Section 1, T7N, R69W, 6th PM, Larimer County, Colorado.
Assessor Parcel Number:
9701436901 and 9701400931
Map:
Parcel 2 Parcel 1
Page 119
Item 13.
EXHIBIT B TO ORDINANCE NO. 050, 2024
Page 120
Item 13.
EXHIBIT B TO ORDINANCE NO. 050, 2024
Page 121
Item 13.
EXHIBIT B TO ORDINANCE NO. 050, 2024
Page 122
Item 13.
Vicinity Map
Page 123
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
Matt Simpson, Water Utility Engineer
Missy Nelson, Parks Senior Technical Project Manager
Mike Calhoon, Parks Director
SUBJECT
First Reading of Ordinance No. 051, 2024, Approving the Conveyance of a Permanent Easement for
Stormwater Drainage, a Temporary Construction Easement for the Construction of Stormwater
Drainage Improvements, and a Temporary Construction Easement for the Construction of Sewer
Facilities on City Property to PS-Poudre River, LLC.
EXECUTIVE SUMMARY
The purpose of this item is to approve an Ordinance that would permit the conveyance of one permanent
drainage easement (the “Drainage Easement”), one temporary construction easement (the “Drainage
TCE”) for the modification of current drainage facilities, and one temporary construction easement (the
“Sewer TCE”) for the installation of public sewer facilities to PS-Poudre River, LLC (“PSPR”), on City
Property located at 101 1st Street, which is the current location of Buckingham Park (“Buckingham Park”).
Construction pursuant to the Drainage TCE will modify existing floodplain boundaries, and the Drainage
Easement will allow PSPR to store additional stormwater on a portion of Buckingham Park. The Sewer
TCE is for the installation of public sewer facilities required by the City so that PSPR may proceed with the
development of the adjoining lands. The actual conveyance of the easements will be conditional upon
PSPR, or its successors and assigns, obtaining City development approval of the contemplated work within
the easements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project
The Drainage Easement, the Drainage TCE, and the Sewer TCE (the “Conveyance Documents” and the
“Easements”) are part of a PSPR development of lands adjacent to Buckingham Park (the “Development”),
and staff has requested the Conveyance Documents from PSPR as part of the development review
process for the Development.
PSPR has submitted plans (the “Construction Plans”) to the City for the Development, which have been
reviewed by staff. Work within the Drainage TCE – the majority of which is within the Drainage Easement
Page 124
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
- will include grading and regrading to modif y the stormwater storage capacity. Additional improvements to
be installed within the Easements are the sanitary sewer pipe, which will be located below the surface of
Buckingham Park. There are no foreseeable construction impacts to access, use, and parking at
Buckingham Park. The Conveyance Documents will provide that any damaged surface areas, including
any trees, will be restored in accordance with City plans, specifications, and requirements.
The grading and re-grading on Buckingham Park will include $68,558 of work that benefits the City,
including importing topsoil, irrigation system modifications, and removal of man-made debris (including
concrete debris) that is undesirable for park operations. Park staff has concluded that the $68,558 of work
is dollar-for-dollar beneficial to Buckingham Park.
Staff have relied primarily on PSPR and/or its contractors to provide accurate surveys, legal descriptions,
and title review for the Conveyance Documents.
The Drainage Easement
The Drainage Easement is comprised of 62,419 square feet of City Property adjoining the eastern
boundary of the Development. The Drainage Easement is for the perpetual right to store 100-year flood
water and the Development’s stormwater runoff on Buckingham Park and will not include the right to install
any permanent improvements or alter the Drainage Easement area after completion of the initial grading
and regrading construction pursuant to the Drainage TCE, as discussed below.
The Drainage TCE
The Drainage TCE is comprised of 40,648 square feet of City Property adjoining the eastern boundary of
the Development. Although the Drainage TCE includes lands outside of the Drainage Easement, most of
the Drainage TCE is located within the boundaries of the Drainage Easement. All construction for the
Drainage Easement will be conducted during the term of the Drainage TCE. The Drainage TCE will allow
PSPR the right of temporary access to regrade the surface of said area so that the storage and capacity
of the Drainage Easement area will be able to accommodate stormwater runoff from the Development.
Work under the TCE will also include the removal of unwanted concrete and debris from the City’s prior
levy construction on and near Buckingham Park. This re-grading and debris removal substantially benefits
the drainage and future development of Buckingham Park.
The Sewer TCE
The Sewer TCE is comprised of 4,562 square feet of City Property adjoining the eastern boundary of the
Development and is located entirely within the boundaries of the Drainage Easement. The Sewer TCE is
for the installation of an underground sanitary sewer connecting the Development sewer line to the City
system. Subsequent to installation of the sewer, the City will assume ownership and maintenance
responsibilities for all improvements installed pursuant to the Sewer TCE.
CITY FINANCIAL IMPACTS
Other than staff time and other expenses reimbursable to the City by PSPR, 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 $18,615, being itemized as follows (the “Property Values”):
1. Drainage Easement-$8,225;
2. Drainage TCE-$10,162; and
3. Sewer TCE-$228.
Page 125
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Staff recommends that the Easements should be conveyed to PSPR for no monetary consideration as the
Parks Department will be benefitting from the removal of concrete and debris, importing topsoil, and
irrigation system modifications, the value of which is estimated at $68,558 which substantially exceeds the
Property Values.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Planning Department and Parks Department have reviewed and approved the Construction
Plans and the Conveyance Documents.
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. Vicinity Map
Page 126
Item 14.
-1-
ORDINANCE NO. 051, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONVEYANCE OF A PERMANENT EASEMENT FOR
STORMWATER DRAINAGE, A TEMPORARY CONSTRUCTION EASEMENT
FOR THE CONSTRUCTION OF STORMWATER DRAINAGE
IMPROVEMENTS, AND A TEMPORARY CONSTRUCTION EASEMENT FOR
THE CONSTRUCTION OF SEWER FACILITIES TO PS-POUDRE RIVER, LLC.
A. The City owns a parcel of real property located north of East Lincoln Avenue
and adjacent to the Poudre River as shown and described on Exhibit “A”, attached and
incorporated herein by reference, upon which is located the City’s Buckingham Park (the
“City Property”).
B. PS-Poudre River, LLC (“PSPR”) intends to develop a vacant parcel of land
(the “Development”) to the north of adjacent to the City Property (the “PSPR Property”).
C. PSPR 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 PSPR to acquire necessary easements for
the Development, including three easements on the City Property.
D. These easements (collectively, “the Easements”) include:
1. A perpetual drainage easement to PSPR over 62,419 square feet of the City
Property to allow for the right to store 100-year flood water and stormwater
drainage from the Development as shown and described on Exhibit “B”,
attached and incorporated herein by reference (the “Drainage Easement”).
After the completion of grading and re-grading to allow for such storage
pursuant to the Drainage TCE identified below, the Drainage Easement will
not allow for any further alteration of the easement area or the installation
of any permanent improvements.
2. A temporary construction easement to PSPR for a period of up to four years
over 40,648 square feet of the City Property as shown and described on
Exhibit “C”, attached and incorporated herein by reference (the “Drainage
TCE”). The majority of the Drainage TCE area lies within the boundaries of
the Drainage Easement and will allow PSPR the temporary ab ility to
perform work to re-grade the surface to accommodate stormwater runoff
from the Development. Work under the Drainage TCE will also include
PSPR’s removal of unwanted concrete and other debris from the City’s prior
levy construction for Buckingham Park. The re-grading and debris removal
substantially benefits the drainage and future development of the park.
3. A temporary construction easement to PSPR for a period of up to four years
over 4,562 square feet of the City Property as shown and described on
Exhibit “D”, attached and incorporated herein by reference (the “Sewer
Page 127
Item 14.
-2-
TCE”). The Sewer TCE is located entirely within the Drainage Easement
and will allow PSPR to install an underground sanitary sewer line
connecting the Development sewer line to the City’s sanitary sewer system.
After installation, PSPR will convey the sewer line to the City.
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.
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 $18,615; however, staff
also estimates that the work PSPR will do on the City Property in the Easements –
including grading and re-grading, importing topsoil, removal of concrete and debris,
modifications to the city’s irrigation system, and installation of a sewer line – has a value
of approximately $68,558 and substantially benefits the drainage and future development
of Buckingham Park. Therefore, staff has recommended that the City convey the
Easements to PSPR for no additional monetary compensation.
H. Because the work contemplated in the Easements must still obtain
development review approval from the City, City staff recommends the actual conveyance
of the Easements be conditional upon PSPR, or its successors and assigns, obtaining
such approval.
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 PSPR 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 PSPR 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.
Page 128
Item 14.
-3-
Introduced, considered favorably on first reading on April 2, 2024, and approved
on second reading for final passage on April 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 26, 2024
Approving Attorney: Ryan Malarky
Page 129
Item 14.
The City Property
PS Poudre
River Property
The City Property
Buckingham Park
EXHIBIT A TO ORDINANCE NO. 051, 2024
Page 130
Item 14.
EXHIBIT B TO ORDINANCE NO. 051, 2024
Page 131
Item 14.
EXHIBIT B TO ORDINANCE NO. 051, 2024
Page 132
Item 14.
EXHIBIT C TO ORDINANCE NO. 051, 2024
Page 133
Item 14.
EXHIBIT C TO ORDINANCE NO. 051, 2024
Page 134
Item 14.
EXHIBIT D TO ORDINANCE NO. 051, 2024
Page 135
Item 14.
EXHIBIT D TO ORDINANCE NO. 051, 2024
Page 136
Item 14.
Vicinity Map
Page 137
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
Dave Kemp, Parks Senior Trails Planner
SUBJECT
First Reading of Ordinance No. 052, 2024, Approving the Conveyance of One Permanent Easement
and One Temporary Construction Easement for the Construction of a Portion of Phemister Trail on
City Property to Colorado State University.
EXECUTIVE SUMMARY
The purpose of this item is to approve an Ordinance that would permit the conveyance of one (1)
permanent easement (the “Trail Easement”) and one (1) temporary construction easement (the “TCE”) to
Colorado State University (“CSU”), for the construction, operation, and maintenance of a public multi-modal
trail (the “Phemister Trail”) on City Property located at 2145 Centre Street, which is the current location of
The Gardens on Spring Creek (the “Gardens on Spring Creek”).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Property
The Gardens on Spring Creek is comprised of 18.050 acres, more or less, being all of Tract A of the Centre
for Advanced Technology 22nd Filing, Community Horticulture Center, as depicted in that certain Plat
recorded April 2, 2003, at Reception No. 20030039524, Clerk and Recorder’s Records, Larimer County,
Colorado. The land was originally conveyed to the City by Colorado State University Research Foundation
in that certain Special Warranty Deed dated February 29, 2000, recorded April 2, 2003, at Reception No.
20030039524, Clerk and Recorder’s Records, Larimer County, Colorado. The City subsequently
constructed The Gardens on Spring Creek on the land, which opened in 2004. The land is currently
managed by the City’s Cultural Services Department.
The Project
The Trail Easement and the TCE (the “Conveyance Documents” and the “Easements”) are part of the
Phemister Trail Project of CSU, located on the west side of Centre Avenue between The Gardens on
Spring Creek and the underpass at Prospect Road. The trail will connect to Spring Creek Trail at the
Gardens on Spring Creek and will run north along the east side of the CSU Horticulture Center before
reaching the underpass at Prospect Road. Phemister Trail will improve access and safety for pedestrians
Page 138
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
and cyclists heading toward CSU’s main campus by circumventing the need to use and cross Centre
Avenue. The trail will also include a new bridge over Spring Creek (the “Bridge”), which will provide a
potential detour route if the Spring Creek Trail tunnel under Centre Avenue is blocked by seasonal flooding.
CSU has submitted plans (the “Construction Plans”) for Phemister Trail to the City for review, which has
undergone the Site Plan Advisory Review process. CSU has also submitted CDOT Right of Way plans to
the Colorado Department of Transportation, which are currently under review. Construction on the
Phemister Trail is expected to start this year.
There are no foreseeable construction impacts to access, use, and parking at The Gardens on Spring
Creek. The Conveyance Documents will provide that any damaged surface areas, including any trees, will
be restored in accordance with City plans, specifications, and requirements.
Staff have relied primarily on CSU and/or its contractors to provide accurate surveys, legal descriptions,
and title review for the Conveyance Documents.
The Trail Easement
The Trail Easement consists of 13,120 square feet of City property on the northern portion of the Gardens
on Spring Creek, being comprised of two separate areas (7,323 square feet and 5,797 square feet)
separated by property owned by CSU. The Trail Easement will permit CSU to construct, operate, and
maintain a 10’ wide public multi-modal trail on City property. The Trail Easement will also provide that CSU
will own and maintain the improvements installed pursuant thereto, being Phemister Trail and the Bridge.
The Trail Easement will ensure that any damaged surface areas, including any trees, will be restored in
accordance with a City plans, specifications, and requirements.
The TCE
The TCE consists of 26,944 square feet of City property adjoining the Bridge, being comprised of three
separate areas (10,981 square feet, 8,715 square feet, and 7,248 square feet). Work within the TCE will
mainly include grading, regrading, and construction activities to support the trail and the Bridge. The TCE
will provide that any damaged surface areas, including any trees, will be restored in accordance with a City
plans, specifications, and requirements.
CITY FINANCIAL IMPACTS
Other than staff time and other expenses reimbursable to City by CSU, 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 $15,159, being itemized as follows (the “Property Values”):
1. Trail Easement-$12,464; and
2. TCE-$2,695.
Staff recommends that the Easements should be conveyed to CSU for no monetary consideration because
such transactions serve a bona fide public purpose and satisfy the requirements of Section 23-114 of the
City Code.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Parks Department has reviewed and approved the Construction Plans and the conveyance of
the Easement. The City’s Cultural Resources Department has also approved the conveyance of the
Easement.
Page 139
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Easements
3. Vicinity Map
Page 140
Item 15.
-1-
ORDINANCE NO. 052, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONVEYANCE OF ONE PERMANENT EASEMENT
AND ONE TEMPORARY CONSTRUCTION EASEMENT FOR THE
CONSTRUCTION OF A PORTION OF PHEMISTER TRAIL ON CITY
PROPERTY TO COLORADO STATE UNIVERSITY
A. The City’s Gardens on Spring Creek property is comprised of 18.050 acres
and contains a portion of the City’s Spring Creek Trail, a multi-modal trail.
B. Colorado State University (“CSU”) seeks two easements (“the Easements”)
from the City on a portion of the Gardens on Spring Creek property, including one
temporary construction easement and one permanent easement to allow for the
construction, operation, and maintenance of a portion of the multi-modal Phemister Trail,
which allows for the connection of the Phemister Trail and the Spring Creek Trail.
C. The permanent easement consists of 13,120 square feet of City property
on the northern portion of the Gardens on Spring Creek, being comprised of two separate
areas (7,323 square feet and 5,797 square feet) separated by property owned by CSU.
D. The temporary construction easement consists of 26,944 square feet of City
property, being comprised of three separate areas (10,981 square feet, 8,715 square feet,
and 7,248 square feet). Work within the temporary construction easement will mainly
include grading, regrading, and construction activities to support the trail and a bridge
over Spring Creek.
E. City staff estimates that the fair market value of the Easements to total
$15,159.
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 has recommended that the City grant the Easements at no cost to
CSU. The City Council concurs and determines that the disposition of this property
interest serves a bona fide public purpose in accordance with the requirements of Section
23-114 of the City Code because:
a. The Easements promote health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins because it allows for
expanded use of multi-modal trails available to the public;
Page 141
Item 15.
-2-
b. The expansion of multi-modal trails supports City active modes goals;
c. The financial support provided through the grant of the Easements to CSU
can be leveraged through benefits to the City’s cooperative relationship with
CSU;
d. The financial benefit to CSU is not substantial relative to the public purpose
of expanding the multi-modal trail system in the city; and
e. The grant of the Easements will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed for
primary City functions or responsibilities.
I. The City Council finds that granting the Easements to CSU 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 as follows:
Section 1. The City Council finds that granting the Easements to CSU 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 CSU 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 April 2, 2024, and approved
on second reading for final passage on April 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 26, 2024
Approving Attorney: Ted Hewitt
Page 142
Item 15.
Trail Easement
(Page 1 of 3)
Page 143
Item 15.
Page 144
Item 15.
Page 145
Item 15.
TCE
(Page 1 of 6)
Page 146
Item 15.
Page 147
Item 15.
Page 148
Item 15.
Page 149
Item 15.
Page 150
Item 15.
Page 151
Item 15.
Vicinity Map
Page 152
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Beth Rosen, Grants Compliance and Policy Manager
SUBJECT
Public Hearing and Resolution 2024-053 Approving the Programs that will Receive a Total of
$400,000 in HOME Investment Partnership Act American Rescue Plan Act Funding (HOME-ARP)
for Supportive Services Funding.
EXECUTIVE SUMMARY
The purpose of this item is to approve the programs recommended for funding with the $400,000 in HOME
Investment Partnership Act American Rescue Plan Act funding (HOME-ARP) designated for Supportive
Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law, enabling over
$1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public
health, State and local governments, individuals and businesses.
The American Rescue Plan Act appropriated $5.0 billion to help communities provide housing, shelter and
services for people experiencing homelessness and other qualifying populations. These funds are
administered by the Department of Housing and Urban Development (HUD) through the HOME Investment
Partnership Program – American Rescue Plan (HOME-ARP) to be used by HOME participating
jurisdictions to address housing instability and homelessness.
As a HOME program participating jurisdiction, the City of Fort Collins received a HOME-ARP Award of
$2,628,410 to benefit qualifying populations in our community, including:
Homeless and those at-risk of homelessness;
fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human
trafficking; and
other populations where provision of assistance would prevent homelessness or would serve those
with the greatest risk of housing instability.
Page 153
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
On November 15, 2022, Council passed Ordinance No. 126, 2022, which appropriated the funds to the
City budget and allowed staff to begin the work needed to successfully deploy and administer the funding
accordance with HOME-ARP Allocation Plan approved by HUD. This allocation plan outlined the
distribution of funds as follows:
Development of Rental Housing $2,000,000 – allocated to Heartside Hill Apartments
Supportive Services $ 400,000
Administration & Planning $ 228,410
TOTAL $2,628,410
Social Sustainability staff spent 2023 establishing program guidelines and deploying the $2.0 million
allocation for the Development of Rental Housing. Those funds have all been contracted to the Heartside
Hill development. The 72 rental units supported with that funding are currently under construction.
On December 1, 2023, the Social Sustainability Department published the online application for HOME-
ARP Supportive Services and notified our community partners of the funding opportunity.
The application criteria for these funds were as follows: funding will be awarded to eligible organizations
whose primary mission and services focus on homeless prevention and long-term housing stabilization.
HUD Targeted Populations:
Homeless
At-risk of homelessness (McKinney-Vento definition).
Fleeing/attempting to flee domestic violence, dating violence, sexual violence, trafficking.
Other populations for whom supportive services would prevent homelessness to serve those at greatest
risk of housing instability.
Veterans and families with a veteran member that meets one of the above criteria.
Eligible Supportive Services:
McKinney Vento Supportive Services
o Costs of assisting eligible participants to obtain and retain housing
o Financial assistance costs (including rental applications and deposits)
o Other eligible costs (childcare, legal, meal assistance, etc.)
Homeless Prevention Services
o Financial assistance costs to prevent homelessness
Housing Counseling Servies
o Staff salaries and overhead for HUD-Certified Housing Counseling agencies
o Development of Housing Action Plans
Recognizing the requests could exceed the available funding, applications were further prioritized in the
following order:
1. Applications from organizations that work collaboratively across the Fort Collins community to provide
supportive services to all HUD-targeted qualifying populations.
Page 154
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
2. Applications from organizations with supportive services that limit funding to specific targeted
populations and/or households enrolled in programs with limited capacity.
Applications were due by January 5, 2024, and provided to the Human Services and Housing Funding
(HSHF) Board for scoring, review and recommendations. The Human Services and Housing Funding
Board made recommendations at the regular public meeting on February 14, 2024. Those applications are
recommendations are as follows:
Priority 1: Supportive Services for ALL HUD-
Target populations Amount Requested Funding
Recommendation
Homeward Alliance: Housing Navigation $200,000 $200,000
Neighbor to Neighbor: Housing Navigation $200,000 $200,000
Priority 2: Limited Services Applications
Catholic Charities: Shelter Case Management $103,233.35 $0
Crossroads Safehouse: Road to Home $115.000 $0
Total $618,233.35 $400,000
This proposed funding award is estimated to provide case-management and direct assistance to support
60 individual households in obtaining housing stability.
CITY FINANCIAL IMPACTS
The HOME-ARP funding represents one-time funding of $2.6 million from HUD to the City of Fort Collins
which can be used to address some of our most critical housing needs, thereby reducing the demand on
the City’s General Fund budget to address such needs.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Human Services and Housing Funding Board unanimously voted to recommend this request for
funding on February 14, 2024.
PUBLIC OUTREACH
The Human Services and Housing Funding Board reviewed the proposal and deliberated the request at its
regular meeting held on February 14, 2024. The meeting was open to the public and added to the City
calendar.
The City of Fort Collins Citizen Participation Plan for HUD funds requires a 30-day public comment period
on the proposed allocation of all HUD funds prior to Council’s final decision. Staff placed an ad in the
Coloradoan newspaper on March 1, 2024, detailing the proposed funding and that the public comment
period would start on March 1, 2024, and end on April 2, 2024. The Council meeting on April 2, 2024, will
serve as a Public Hearing and comments will be recorded and reported to HUD.
The public notice of funding recommendation was placed on the Social Sustainability Department’s
website.
ATTACHMENTS
1. Resolution for Consideration
2. Staff Summary of All Applications Received
3. HSHF Board Minutes, February 14, 2024
Page 155
Item 16.
-1-
RESOLUTION 2024-053
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE PROGRAMS THAT WILL RECEIVE A TOTAL OF $400,000
IN HOME INVESTMENT PARTNERSHIP ACT AMERICAN RESCUE PLAN ACT
FUNDING (HOME-ARP) FOR SUPPORTIVE SERVICES
A. The federal government, through the 2021 American Rescue Plan Act,
appropriated $5 billion to help communities provide housing, shelter and services for
people experiencing homelessness and other qualifying populations . These funds are
administered by the Department of Housing and Urban Development through the HOME
Investment Partnership Program – American Rescue Plan (HOME-ARP) to be used by
HOME participating jurisdictions to address housing instability and homelessness.
B. As a HOME program participating jurisdiction, the City received a HOME-
ARP Award of $2,628,410 to benefit qualifying populations, which include individuals and
families experiencing homelessness and housing instability and those fleeing domestic
and other kinds of violence.
C. On November 15, 2022, City Council adopted Ordinance No. 126, 2022,
which appropriated the $2,628,410 in HOME-ARP funding. Of that funding, $2,000,000
has been allocated for the Heartside Hill affordable housing project and $228,410 ha s
been allocated for Administrative Expenses. That leaves $400,000 in funding available
for Supportive Services.
D. In December 2023, the Social Sustainability Department published an
online application for HOME-ARP Supportive Services. After review of the applications
received, the Social Sustainability Department recommends awarding Supportive
Services funds to two organizations whose primary mission and services focus on
homeless prevention and long-term housing stabilization. The recommended awards are
$200,000 to Homeward Alliance and $200,000 to Neighbor to Neighbor. The proposed
funding awards are estimated to provide case-management and direct assistance to
support 60 individual households in obtaining housing stability.
E. The Human Services and Housing Funding Board unanimously voted to
recommend these allocations for funding at its February 14, 2024, meeting.
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 authorizes City staff to submit an application
to HUD based on the following recommended funding allocations:
Page 156
Item 16.
-2-
Applicant
Project/Program
Funding
Request
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
Homeward
Alliance: Housing
Navigation
$200,000 $200,000 $0 100%
Neighbor to
Neighbor: Housing
Navigation
$200,000 $200,000 $0 100%
Section 2. Subject to the appropriation of funds by the City Council, the City
Council hereby authorizes the City Manager to execute any agreements necessary to
implement the funding allocation described herein on terms and conditions consistent
with this Resolution, along with such additional terms and conditions as the City Manager,
in consultation with the City Attorney, deems necessary or appropriate to protect the
interests of the City.
Section 3. This Resolution shall not be construed as constituting City Council
approval, support for approval, or waiver of any City regulatory requirement, including any
development application process whether in administrative or quasi -judicial review, for
any project referenced herein.
Passed and adopted on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Ted Hewitt
Page 157
Item 16.
HOME-ARP:
Supportive Services | Staff Summary
Funding Focus & Fit: HOME-ARP Supportive Services funding will be awarded to eligible organizations
whose primary mission and services focus on homeless prevention and long-term housing stabilization. The
HOME-ARP Allocation Plan submitted to HUD states “Priority will be given to organizations that work
collaboratively across the Fort Collins community to provide supportive services to all HUD-targeted qualifying
populations.”
Evaluation Method & Priorities (per Application Guide): In the event there are more requests than available
funds, priority will be given to applications in the following order:
1. Tier 1: First consideration to applicants that work collaboratively across the Fort Collins community to
provide supportive services to all qualifying populations.
2. Tier 2: Applications that limit funding to specific targeted populations and/or households enrolled in
programs with limited capacity.
Request # Agency Request Title Total Request
Priority
Tier
SS-3 Homeward Alliance Housing Navigation $200,000 1
SS-4 Neighbor to Neighbor Housing Navigation $200,000 1
Total Priority Tier 1 Response Costs $400,000
SS-1 Catholic Charities Samaritan House FC
Homelessness Assistance $103,233.35 2
SS-2 Crossroads Safehouse Road to Home $115,000 2
Total Priority Tier 2 Response Costs $218,233.35
Total Request Costs $618,233.35
C HUD Allocation: $400,000
SS-1
Priority Tier 2
Catholic Charities
Samaritan House FC
Homelessness Assistance
$103,233.35
Requested
Funding is for Catholic Charities Samaritan House Fort Collins which provides emergency shelter for
individuals and households experiencing homelessness. Within the shelter, clients may be selected to
participate in the 24/7 extended stay shelter program where they receive resource navigation and work with a
case manager to identify barriers to stable housing. Over a 120-day period, clients will work on resolving those
barriers, including obtaining income, supportive services, and housing search assistance to allow them to
move into housing upon program completion. Clients are selected to enter the extended stay program based
on the availability of a case manager, space in the shelter, and client needs.
Page 158
Item 16.
HOME-ARP Supportive Services | Page 2 of 4
Request Eligible
Shelter staff (90% for caseworker salary and benefits,
10% indirect costs)
$103,233.35 $103,233.35
Staff Evaluation & HOME-ARP Allocation Plan Alignment:
Does not meet the stated priority preference for organizations that work collaboratively across the
community to provide supportive services to all qualifying populations.
Program provides services to one of the specific targeted populations – Homeless (McKinney-Vento
definition). Note: applicant selected that they serve all qualifying populations in the application,
however, agency clarified that while clients may fit under another qualifying population, they must be
homeless or unhoused to receive shelter services.
100 unduplicated individuals/households will receive the services of a shelter case-manager. Applicant
expects that 50-60% of those served will move into housing.
This funding would provide no direct financial assistance to clients. Applicant has indicated that through
other grant funding, some clients may be eligible (must meet the grant’s eligibility requirements) to
receive financial assistance to cover the costs of some expenses such as application fees, deposits,
and first-month’s rental costs.
Organization works collaboratively across the community to receive referrals from other entities;
however, clients must currently be experiencing homelessness to receive services. Program will not
serve unhoused clients who are not staying in the shelter.
Shelter clients can be referred to either of the Priority 1 applicants to receive assistance.
Organization has previous experience managing federal CDBG- or HOME-funded activities.
Staff have mild concerns related to performance if applicant were to receive funding from this grant.
Prior history has included returned/unexpended funds of special funding awarded for Covid Relief with
the CDBG-CV funding.
SS-2
Priority Tier 2
Crossroads Safehouse
Road to Home
$115,000
Requested
Funding is for Crossroads Safehouse’s Road to Home (RTH), a rapid re-housing program, serving individuals
and families who are victims of domestic violence, sexual assault, and stalking who are experiencing
homelessness or face housing instability as a result of abuse. RTH participants occupy a wing within the
shelter where they receive a broad spectrum of financial and supportive services that are aimed at
shepherding victims through their transition from homelessness to permanent housing. Participants benefit
from intensive and extended case management services from the beginning of the housing search process,
through lease up, and for 24 months after becoming housed (program duration is typically 18 months up to 3
years). Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) is used to prioritize
clients based on their level of vulnerability and housing needs.
Request Eligible
Direct client assistance: primarily housing related expenses
crucial for maintaining stable housing
$100,000 $100,00
Partial salary for part-time bilingual housing advocate $15,000 $15,000
Page 159
Item 16.
HOME-ARP Supportive Services | Page 3 of 4
Staff Evaluation & HOME-ARP Allocation Plan Alignment:
Does not meet the stated priority preference for organizations that work collaboratively across the
community to provide supportive services to all qualifying populations.
Program provides services to one of the specific targeted populations – fleeing, or attempting to flee,
domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by HUD.
Funds will directly support housing stabilization for 6 new unduplicated individuals/households.
This is a longer-term housing assistance program than is being proposed by either of the Priority 1
applications.
Organization works collaboratively across the community to receive referrals from other entities. Only
those persons fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking,
or human trafficking would be served by this program.
Road to Home participants can be referred to either of the Priority 1 applicants to receive assistance.
Organization has previous experience managing federal CDBG- or HOME-funded activities.
Staff have no concerns related to organization, this request, or prior performance.
SS-3
Priority Tier 1
Homeward Alliance
Housing Navigation
$200,000
Requested
Funding will expand existing services, enabling Homeward Alliance (HWA) to provide more comprehensive
support and follow-up to assist participating households experiencing homelessness move into permanent
housing and, for those who are precariously housed and at high-risk of homelessness, regain stability in their
permanent housing. All participating individuals/households will receive case management, work with staff to
create a housing action plan, and receive direct assistance for unmet financial needs to address barriers that
prevent them from obtaining housing. While clients can be served by the organization indefinitely, service
length from this request may vary from 3 months to 1 year (monthly check-ins may continue longer). For this
funding opportunity, Homeward Alliance has collaborated with Neighbor to Neighbor to prevent duplication of
housing navigation services with HWA focusing activities on households with higher vulnerabilities/barriers.
Request Eligible
Direct client assistance: housing related expenses
need to obtain housing or stabilize in existing housing
$140,000 $140,000
Salary and benefits for two 0.5 FT (1 FTE total)
Housing Specialists
$60,000 $60,000
Staff Evaluation & HOME-ARP Allocation Plan Alignment:
Meets the stated priority preference for organizations that work collaboratively across the community to
provide supportive services to all qualifying populations.
Funds will directly support housing stabilization for 30 new unduplicated individuals/households.
Organization works collaboratively across the community to receive referrals from other entities.
Organization has previous experience managing federal CDBG- or HOME-funded activities.
Staff have no concerns related to organization, this request, or prior performance.
Page 160
Item 16.
HOME-ARP Supportive Services | Page 4 of 4
SS-4
Priority Tier 1
Neighbor to Neighbor
Housing Navigation
$200,000
Requested
Funding is for Neighbor to Neighbor’s (N2N) Housing Search Assistant Case Management program, a sub-
program of N2N’s Housing Solutions Program and will allow N2N to make a one-time investment to stabilize
vulnerable clients with move-in assistance and secure stable housing. N2N’s Housing Search Assistance
(HSA) case manager works alongside their caseload of families to secure stable housing, specifically for
individuals/households experiencing homelessness and housing instability. Most clients who receive HSA case
management are moved into housing within 6 weeks of starting the process and will receive ongoing support
for up to 3 months after securing housing. For this funding opportunity, Neighbor to Neighbor has collaborated
with Homeward Alliance to prevent duplication of housing navigation services with N2N focusing activities on
households with fewer vulnerabilities/barriers. N2N’s HSA program receives move-in assistance referrals
through a coordinated process between Homeward Alliance, Housing Catalyst, Catholic Charities, Crossroads
Safehouse, and N2N, as well as other housing providers.
Request Eligible
Direct client assistance: housing related expenses
needed to obtain housing or stabilize in existing housing
$145,000 $145,000
60% of salary for Housing Navigation Case Worker $55,000 $55,000
Staff Evaluation & HOME-ARP Allocation Plan Alignment:
Meets the stated priority preference for organizations that work collaboratively across the community to
provide supportive services to all qualifying populations.
Funds will directly support housing stabilization for 30 new unduplicated individuals/households.
Organization works collaboratively across the community to receive referrals from other entities.
Organization has previous experience managing federal CDBG- or HOME-funded activities.
Staff have no concerns related to organization, this request, or prior performance.
Page 161
Item 16.
Human Services & Housing Funding Board
REGULAR MEETING
February 14, 2024 at 5:30 PM
222 Laporte Ave, Fort Collins – Colorado River Room
Additional viewing option via Zoom
2 /1 4 /2024 – MINUTES Page 1
1. CALL TO ORDER
• At 5:40 PM the meeting was called to order by Pat Hastings.
2. ROLL CALL
• Board Members Present
o Pat Hastings, Chair
o Christine Koepnick
o Erma Woodfin
o Lori Kempter
o Michaela Ruppert
o Mike Kulisheck
o Mike Nielsen
• Board Members Excused
o Olga Duvall, Vice Chair
• 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 Francis Pfohl
o Tim Peers, Program Director of Catholic Charities for Larimer County
For further information, details and insight, and audio recording, resources are available by contacting the
HSHF-Board staff liaison.
3. AGENDA REVIEW
Adam Molzer reviewed the agenda. The Board accepted the agenda without modification.
4. COMMUNITY PARTICIPATION
Francis Pfhol is a Front Range Community College student that is attending the board meeting as part of a
community engagement opportunity for a class. Tim Peers is the Program Director of Catholic Charities for
Larimer County.
5. APPROVAL OF MINUTES – January 10, 2024 Regular Meeting
Erma Woodfin motioned to approve the January 10, 2024 meeting minutes as presented. Mike Nielsen
seconded. Approved 7-0.
Page 162
Item 16.
Human Services & Housing Funding Board
REGULAR BOARD MEETING
2 /1 4 /2024 – MINUTES Page 2
6. UNFINISHED BUSINESS
None.
7. NEW BUSINESS
a. Crossroads Safehouse Bringing Justice Home Updates – Lori Kempter
• In 2023, the Board approved funding for Crossroads Safehouse’s Bringing Justice Home program,
which offered legal assistance to victims of domestic violence. Lori Kempter, the Executive Director
of Crossroads Safehouse and member of the HSHF Board, informed the Board that this program
unfortunately ended in January 2024 due to a lack of funding. After discussion with Adam Molzer,
Crossroads went through a spend-down and de-obligation process of the remaining grant funds.
Crossroads’ contract will be amended and the approximately $2,000 of unobligated funds will be
recovered and applied toward the 2024 competitive grant process.
• The Board asked Lori if there were any alternatives to this service available in the community. Lori
explained that there are not many options. There is Rocky Mountain Law, but they only offer one-
time meetings where they provide legal advice, rather than representing an individual in their civil
legal services. They also do not have the domestic violence expertise that Crossroad’s staff had.
b. HOME-ARP Supportive Services Funding Deliberations – Hannah Tinklenberg & Beth Rosen
• Beth Rosen provided a brief overview of the HOME-ARP Supportive Services funding, explaining that
the City received a total of $2.6 million through the Home Investment Partnerships American
Rescue Plan Program from the US Department of Housing and Urban Development (HUD). $400,000
remains to be allocated for Supportive Services. The purpose of supportive service funds is to assist
persons currently experiencing homelessness and to prevent those precariously housed from
becoming homeless.
• Beth explained that in the event there are more requests than available funds, priority will be given
to applications based on a tier-ranking system. Tier 1 applicants work collaboratively across the Fort
Collins community to provide supportive services to all qualifying populations. Tier 2 applicants limit
funding to specific targeted populations and/or households enrolled in a program with limited
capacity.
• The City received applications from Catholic Charities, Crossroads Safehouse, Homeward Alliance,
and Neighbor to Neighbor. Homeward Alliance and Neighbor to Neighbor are Tier 1 applicants,
while Catholic Charities and Crossroads Safehouse are Tier 2 applicants. Beth explained that the Tier
1 applicants coordinated with one another to ask for the full amount of available funding, which
City staff did not anticipate.
Erma Woodfin motioned to fund SS-3 Homeward Alliance at $200,000. Lori Kempter seconded.
Approved 7-0.
Lori Kempter motioned to fund SS-4 Neighbor to Neighbor at $200,000. Michaela Ruppert
seconded. Approved 7-0.
Pat Hastings motioned to fund SS-1 Catholic Charities at $0. Mike Nielsen seconded. Approved 7-0.
Page 163
Item 16.
Human Services & Housing Funding Board
REGULAR BOARD MEETING
2 /1 4 /2024 – MINUTES Page 3
Pat Hastings motioned to fund SS-2 Crossroads Safehouse at $0. Michaela Ruppert seconded. Lori
Kempter recused herself. Approved 6-0.
• City staff will take the funding recommendation to City Council in April and the contract will be
effective May 1.
8. BOARD MEMBER REPORTS
On Olga Duvall’s behalf, Adam Molzer shared information about a 21-day racial equity habit-building
challenge that occurs in April.
9. STAFF REPORTS
a. Competitive Process Update
• Adam Molzer shared that the grant application closed at 11:59pm on Tuesday, February 13.
8 housing applications and 46 human service applications were received. The housing application
requests totaled approximately $4.8 million with approximately $2.9 million in available funding.
The human service requests totaled approximately $2 million with approximately $900,000 in
available funding.
• Adam reminded the Board that they will be asked to vote on renewal applications for the 4
programs that receive funding from the 3-year Community Development Block Grant (CDBG). This
will be the last year of the renewal process and new proposals will be received in 2025.
• On March 27, the Board will host a joint work session with the Affordable Housing Board where the
housing applicants will offer live presentations of their funding proposals and engage in a Q&A. The
Board asked Adam if the applicants could record their presentations for the Board to review prior to
the live work session due to the increased number of applications. The Board expressed that they
would still like to utilize the work session for a live Q&A. Adam will discuss the idea with Sue Beck-
Ferkiss, the staff liaison for the Affordable Housing Board.
• On April 10, the Board will meet to evaluate and discuss human service proposals, but not funding.
b. Human Services Priorities Platform Update
• Adam Molzer shared that a graduate student from UC Denver in the MPA Program is helping with
interviews of local funders.
• The team will also be working with focus groups, getting input from nonprofit leaders, and
gathering demographic information for the project.
10. OTHER BUSINESS
Grantee Client Story: Adam Molzer shared a brief impact story submitted by Volunteers of America’s Meals
on Wheels program in a recent report.
11. NEXT MEETING
Wednesday, March 13, 2024 | 5:30pm | Location: Zoom/Online
13. ADJOURNMENT
Page 164
Item 16.
Human Services & Housing Funding Board
REGULAR BOARD MEETING
2 /1 4 /2024 – MINUTES Page 4
Pat Hastings adjourned meeting at 6:40 PM.
Minutes were finalized and approved by the Human Services & Housing Funding Board on March 13, 2024.
Page 165
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-054 Ratifying the Reappointment of Corey Radman and Joshua Fudge and the
Appointment of Vicki Woods to the Poudre River Public Library District Board of Trustees.
EXECUTIVE SUMMARY
The purpose of this item is to fill vacancies on the Poudre River Public Library District Board of Trustees.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In November 2006, voters approved the formation of the Poudre River Public Library District. The City
Council and County Commissioners established the initial seven-member Board of Trustees for the District.
The intergovernmental agreement between the City, County and District sets out the process for appointing
Trustees. It provides that a committee comprised of two members of Council an d two Commissioners will
recommend a candidate for appointment who must be ratified by a two-thirds majority of both the full
Council and the Commissioners.
The Committee, comprised of Mayor Pro Tem Emily Francis and Councilmember Julie Pignataro and
Larimer County Commissioners John Kefalas and Kristin Stephens, met on March 4, 2024, and agreed to
appoint Vicki Woods to a full four-year term to replace outgoing Trustee Fred Colby, who is term-limited.
The Committee also agreed to reappoint Corey Radman to her second and final term and to reappoint
Joshua Fudge to his first full term after serving the remainder of Joe Wise’s term last year.
By adopting this Resolution, City Council confirms and approves the reappointment of Corey Radman and
Joshua Fudge and the appointment of Vicki Woods to the Poudre River Public Library District Board of
Trustees with terms to begin on April 8, 2024, and expire March 31, 2028.
CITY FINANCIAL IMPACTS
None.
Page 166
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 167
Item 17.
-1-
RESOLUTION 2024-054
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RATIFYING THE REAPPOINTMENT OF COREY RADMAN AND JOSHUA
FUDGE AND THE APPOINTMENT OF VICKI WOODS TO THE POUDRE
RIVER PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES
A. On November 7, 2006, the voters approved a citizen initiative to establish
and fund the Fort Collins Regional Library District, now called the Poudre River Public
Library District (the “Library District”), pursuant to Colorado Revised Statutes Sections
24-90-101 to 606 (the “Library Law”).
B. The Library District is governed by a board of seven trustees appointed by
the City Council and Larimer County Commissioners.
C. Pursuant to the Library Law, the City Council and Larimer County
Commissioners have each appointed two of their members to a committee (the
“Committee”) to fill open seats on the board of trustees of the Library District (the “Board”).
D. Pursuant to the Bylaws of the Board, a trustee may serve no more than two
consecutive four-year-terms, which are staggered so that typically one or two trustees are
appointed or reappointed every year, but any appointment to fill a vacancy with a
remaining unexpired term shall be considered a completed term only if the unexpired term
exceeds 24 full months from the date the trustee takes their oath of office.
E. On January 7, 2020, the City Council adopted Resolution 2020-002
appointing Corey Radman to the Board for a four-year term expiring in March 2024. Corey
Radman is seeking reappointment and has submitted a letter indicating her interest. She
meets the qualifications of a Board of Trustees member. Her second term will expire in
March 2028.
F. On March 21, 2023, the City Council adopted Resolution 2023-029
appointing Joshua Fudge to the Board as a midterm appointment to fill a vacancy, for a
term that expired March 11, 2024. Per the Board’s Bylaws, Joshua Fudge is eligible to fill
two four-year terms. This reappointment is for the first four-year term to expire in March
2028. He has submitted a letter indicating his interest and meets the qualification of a
Board of Trustees member.
G. Trustee Fred Colby’s current term on the Board expired in March 2024, and
he cannot be reappointed because he is term-limited.
H. On March 4, 2024, the Committee m et to interview candidates and
unanimously agreed to appoint Vicki Woods to fill this vacancy on the Board. The
Committee also agreed to reappoint Corey Radman to her second and final term and to
reappoint Joshua Fudge to his first full term.
Page 168
Item 17.
-2-
I. Section 24-90-108(2)(c) of the Library Law requires that the Committee’s
trustee appointments be ratified by a two-thirds majority vote of the legislative body of
each governmental unit participating in the District.
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 pursuant to the requirements of the Colorado Library Law, the City
Council, by a two-thirds majority vote of its members, hereby ratifies the Committee’s
reappointment of Corey Radman and Joshua Fudge, and the Committee’s appointment
of Vicki Woods, to fill the vacancies on the Board of Trustees of the Poudre River Public
Library District for terms beginning on April 8, 2024, and expiring March 31, 2028;
provided, however, that such action is contingent upon the Larimer County
Commissioners taking similar action.
Passed and adopted on April 2, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Ingrid Decker
Page 169
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services
SUBJECT
Resolution 2024-055 Appointing Amanda Cossey, Troy Erickson, Casey Kittel, Danielle Lowry, and
Aryell Mattern to the Fort Collins Tourism Improvement District Board of Directors.
EXECUTIVE SUMMARY
The purpose of this item is to consider the appointments of Amanda Cossey, Troy Erickson, Casey Kittel,
Danielle Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District (the “District”) Board
of Directors. Amanda Cossey will serve a three-year term to fill a vacancy created by the resignation of
another member. Troy Erickson will serve the remainder of a three-year term ending on September 1,
2024, due to early resignation. Casey Kittel will serve the remainder of the term ending January 17, 2026,
vacated by a resignation. Danielle Lowry will serve a second term lasting three years starting as soon as
appointed by Council. Aryell Mattern will serve a three-year term starting as soon as appointed by Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On August 4, 2021, Council adopted Ordinance No. 097, 2021, establishing the District. The District’s
purpose is “…to operate as a [tourism improvement district] charging fees to the lodging businesses
included within the District to fund and provide specific tourism s ervices and improvements for the benefit
of the feepayers’ lodging businesses. These services and improvements will be primarily used to increase
room night sales for those lodging businesses.”
Council adopted the District’s Initial Plan as part of establishing the District and authorized the appointment
of five directors to the Board. On June 7, 2022, Council adopted Ordinance No. 061, 2022, expanding the
number of directors on the District Board to seven members.
This Resolution would appoint Amanda Cossey, Troy Erickson, Casey Kittel, Danielle Lowry, and Aryell
Mattern to the District Board. The Board adopted resolutions nominating all five proposed directors in 2023.
These resolutions are attached. Additional details about the term length and reason for appointment are
noted below:
Amanda Cossey will serve a three-year term to fill the vacancy created by resigned Board member,
Sandra Frederickson. Sandra resigned her position in July 2022 and the seat has remained vacant
since. This seat is for an individual to represent large, full-service lodging businesses.
Page 170
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Troy Erickson will serve the remainder of the three-year term of resigned Board member, George Prine.
George resigned his position on December 1, 2023, before the end of his term, which was originally
intended to end on September 1, 2024. Troy will serve as one of the directors representing
boutique/specialty lodging businesses.
Casey Kittel will serve for the remainder of the term of resigned Board member, Daniel Benton. Daniel
resigned on September 1, 2023, well ahead of the end of his term – January 17, 2026. Casey will serve
as one of the directors representing large, full-service lodging businesses.
Danielle Lowry served an initial two-year term ending on September 1, 2023. The Board would like
Danielle to serve another three-year term on the Board to begin on January 1, 2024, or when appointed
by the Council to serve a Successor Term. Danielle will serve as a director representing small, limited-
service lodging businesses.
Aryell Mattern served the remainder of a two-year term vacated by the resignation of another director.
That initial term expired on September 1, 2023. The Board would like Aryell to serve another three-year
term on the Board to being on January 1, 2024, or when appointed by the Council to serve a Successor
Term. Aryell will serve as a director representing large, full-service lodging businesses.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. District Board Nominating Resolution for Aryell Mattern
3. District Board Nominating Resolution for Danielle Lowry
4. District Board Nominating Resolution for Troy Erickson
5. District Board Nominating Resolution for Amanda Cossey
6. District Board Nominating Resolution for Casey Kittel
Page 171
Item 18.
-1-
RESOLUTION 2024-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING AMANDA COSSEY, TROY ERICKSON, CASEY KITTEL,
DANIELLE LOWRY AND ARYELL MATTERN TO THE FORT COLLINS
TOURISM IMPROVEMENT BOARD OF DIRECTORS
A. The Fort Collins Tourism Improvement District (the “District”) was
established by City Council’s adoption of Ordinance No. 097, 2021, on August 4, 2021,
as amended by Council’s adoption of Ordinance No. 161, 2021, on December 7, 2021
(jointly, the “Establishment Ordinance”) to fund and provide certain tourism services and
improvements for the benefit of lodging businesses within the District.
B. As provided in City Code Section 22-163(b)(5), the City Council appointed
in Section 7 of the Establishment Ordinance (“Section 7”) the District’s initial five directors
of the District’s Board of Directors (the “Board”) to staggered terms.
C. The Establishment Ordinance requires three of the directors to be affiliated
with a large full-service lodging business (“Large Provider”), two of the directors to be
affiliated with a small limited-service lodging business (“Small Provider”), and one director
to be affiliated with a boutique or specialty lodging business (“Boutique Provider”).
D. On June 7, 2022, the City Council adopted Ordinance No. 061, 2022,
(“Ordinance No. 061”) amending the Establishment Ordinance to increase the number of
directors on the Board from five directors to seven directors and to provide that the two
new directors could be affiliated with any type of lodging business (“Any Provider”).
E. Code Section 22-164(a) requires the District’s directors to be “electors” of
the District.
F. Code Section 22-153 defines “elector” to mean a natural person who is a
resident of the State of Colorado, is eighteen (18) years of age or older, registered to vote
in general elections in the State of Colorado, and who maintains a lodging tax license with
the City and is obligated to pay the City’s lodging tax by virtue of ownership and operation
of a lodging business in the District or is a natural person designated to vote for an entity
that is not a natural person and maintains a lodging tax license with the City and is
obligated to pay the lodging tax by virtue of ownership of a lodging business in the District.
G. Section 7 provides that when a director resigns from the Board before the
expiration of their term, the City Council shall appoint by resolution an elector of the
District to replace them to finish the remainder of their term .
H. Five director seats are currently vacant on the Board.
I. One vacancy is a Large Provider seat previously held by Sandra
Frederickson who was appointed to serve a one-year term beginning September 1, 2021,
Page 172
Item 18.
-2-
and ending September 1, 2022. Ms. Frederickson resigned her position as of July 2022
and the seat remains vacant.
J. On December 5, 2023, the Board adopted a resolution nominating Amanda
Cossey to be appointed by City Council to the vacant Large Provider seat to serve a
three-year term. Ms. Cossey is affiliated with the Fort Collins Marriott, a large full-service
lodging business in the District that has a City lodging tax license and is obligated to pay
the City’s lodging tax. Ms. Cossey has been designated by the Fort Collins Marriott to
vote on its behalf.
K. One vacancy is the Boutique Provider seat previously held by George Prine
who was appointed for a three-year term beginning September 1, 2021, and ending
September 1, 2024. Mr. Prine resigned his position as of December 1, 2023.
L. On December 5, 2023, the Board adopted a resolution nominating Troy
Erickson to be appointed by City Council to the vacant Boutique Provider seat to serve
the remainder of Mr. Prine’s three-year term ending on September 1, 2024. Mr. Erickson
is affiliated with the Armstrong Hotel, a boutique/specialty lodging business in the District
that has a City lodging tax license and is obligated to pay the City’s lodging tax. He has
been designated by the Armstrong Hotel to vote on its behalf.
M. One vacancy is a Large Provider seat previously held by Daniel Benton who
was appointed for a three-year term beginning January 17, 2023, and ending January 17,
2026. Mr. Benton resigned his position as of September 1, 2023.
N. On December 5, 2023, the Board adopted a resolution nominating Casey
Kittel to be appointed by City Council to the vacant Lar ge Provider seat to serve the
remainder of Mr. Benton’s three-year term ending on January 17, 2026. Mr. Kittel is
affiliated with the Hilton Fort Collins, a large full-service lodging business in the District
that has a City lodging tax license and is obligated to pay the City’s lodging tax. Mr. Kittel
has been designated by the Hilton Fort Collins to vote on its behalf.
O. One vacancy is a Small Provider seat previously held by Danielle Lowry
who was appointed for a two-year term beginning September 1, 2021, that ended
September 1, 2023.
P. On December 5, 2023, the Board adopted a resolution nominating Ms.
Lowry to be appointed by City Council to the vacant Small Provider seat to serve a three -
year term. Ms. Lowry is affiliated with Hampton Inn, a small limited-service lodging
businesses in the District that has a City lodging tax license and is obligated to pay the
City’s lodging tax. Ms. Lowry has been designated by Hampton Inn to vote on its behalf.
Q. One vacancy is a Large Provider seat previously held by Aryell Mattern who
was appointed on April 19, 2022, to serve the remainder of a vacated two -year term that
ended on September 1, 2023.
Page 173
Item 18.
-3-
R. On December 5, 2023, the Board adopted a resolution nominating Ms.
Mattern to be appointed by City Council to the vacant Large Provider seat to serve a
three-year term. Ms. Mattern is affiliated with Spirit Hospitality, LLC, which is the owner
of Fairfield Inn and Candlewood Suites, both of which are large full -service lodging
businesses in the District that have City lodging tax licenses and are obligated to pay the
City’s lodging tax. Ms. Mattern has been designated by Spirit Hospitality, LLC to vote on
its behalf.
S. For Danielle Lowry and Aryell Mattern, the Board’s nominating resolutions
expressed the desire that their terms begin on January 1, 2024, or such other time as
determined by the City (the “Preferred Term Start Date”), and that in the absence of
Council’s approval of a Preferred Term Start Date, the Board’s desire is that their terms
begin on the date Council appoints them to the Board.
T. The City Council determines that it is appropriate for the terms of Danielle
Lowry and Aryell Mattern to begin as of the date of Council appointment.
U. All the above-listed nominees are residents of the State of Colorado, at least
18 years of age, registered to vote in general elections in the State of Colorado, qualified
electors of the District, and, therefore, are qualified to serve as directors on the Board.
V. City Council has determined that the appointment of the above-listed
nominees to serve as directors on the Board is in the best interests of the City and the
District.
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 appoints Amanda Cossey as a director on
the Board to serve in a Large Provider seat for a three-year term beginning April 2, 2024,
and ending April 2, 2027.
Section 2. The City Council hereby appoints Troy Erickson as a director on the
Board to serve in a Boutique Provider seat for the remainder of a three -year term
beginning April 2, 2024, and ending September 1, 2024.
Section 3. The City Council hereby appoints Casey Kittel as a d irector on the
Board to serve in a Large Provider seat for the remainder of a three -year term beginning
April 2, 2024, and ending January 17, 2026.
Section 4. The City Council hereby appoints Danielle Lowry as a director on the
Board to serve in a Small Provider seat for a three -year term beginning April 2, 2024, and
ending April 2, 2027.
Page 174
Item 18.
-4-
Section 5. The City Council hereby appoints Aryell Mattern as a director on the
Board to serve in a Large Provider seat for a three-year term beginning April 2, 2024, and
ending April 2, 2027.
Passed and adopted on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Ryan Malarky
Page 175
Item 18.
Page 176
Item 18.
Page 177
Item 18.
Page 178
Item 18.
Page 179
Item 18.
Page 180
Item 18.
Page 181
Item 18.
Page 182
Item 18.
Page 183
Item 18.
Page 184
Item 18.
Page 185
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Items Relating to Appointments to Various Boards and Commissions.
EXECUTIVE SUMMARY
A. Resolution 2024-056 Making Appointments to the Historic Preservation Commission.
B. Resolution 2024-057 Making an Appointment to the Land Use Review Commission.
C. Resolution 2024-058 Making Appointments to the Planning and Zoning Commission.
The purpose of this item is to fill vacancies on various Boards and Commissions.
In 2023, the Council adopted a Code of Conduct and updated Boards and Commissions Policy, along with
other policies and procedures that apply to service on City boards and commissions. Each board and
commission appointee is required to acknowledge and accept these requirements in order to take
appointed office. Each Resolution provides that no person appointed may take office until they have
completed the required acknowledgement and acceptance of the Code of Conduct and the applicable laws
and policies that govern service on City of Fort Collins boards and commissions.
STAFF RECOMMENDATION
Staff recommends adoption of these Resolutions.
BACKGROUND / DISCUSSION
These Resolutions appoint individuals to fill vacancies left from previous commission members. These
appointments will begin and expire as noted next to each recommended name shown below and in each
of the individual resolutions.
Historic Preservation Commission
Appointments Term Effective Date Expiration of Term
Aaron Hull (Seat A) April 2, 2024 March 31, 2028
Jeff Gaines (Seat D) April 2, 2024 March 31, 2028
Chris Conway (Seat E) April 2, 2024 March 31, 2028
Bonnie Gibson (Seat H) April 2, 2024 March 31, 2028
Page 186
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Land Use Review Commission
Appointments Term Effective Date Expiration of Term
David Lawton (Seat E) April 2, 2024 March 31, 2028
Planning and Zoning Commission
Appointments Term Effective Date Expiration of Term
Russell Connelly (Seat E) April 2, 2024 March 31, 2028
Adam Sass (Seat G) April 2, 2024 March 31, 2028
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
ATTACHMENTS
1. Resolution A for Consideration
2. Resolution B for Consideration
3. Resolution C for Consideration
4. Applications (In Order by Board)
Page 187
Item 19.
-1-
RESOLUTION 2024-056
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION
A. The Historic Preservation Commission has vacancies due to the expiration
of terms of certain members.
B. Councilmembers interviewed candidates for these appointments on
February 13, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Historic Preservation Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
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 following named persons are hereby appointed to fill the open
vacancies on the Historic Preservation Commission with terms to begin and expire as
noted below next to each appointee’s name:
Historic Preservation Commission
Appointments Term Effective Date Expiration of Term
Aaron Hull (Seat A) April 2, 2024 March 31, 2028
Jeff Gaines (Seat D) April 2, 2024 March 31, 2028
Chris Conway (Seat E) April 2, 2024 March 31, 2028
Bonnie Gibson (Seat H) April 2, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 188
Item 19.
-2-
Passed and adopted on April 2, 2024.
_______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Carrie Daggett
Page 189
Item 19.
-1-
RESOLUTION 2024-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE LAND USE REVIEW COMMISSION
A. The Land Use Review Commission has a vacancy due to the expiration of
the term of David Lawton.
B. Councilmembers interviewed candidates for this appointment on February
29, 2024.
C. The City Council desires to make an appointment to fill this vacancy on the
Land Use Review Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
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 following named person is hereby appointed to fill the open
vacancy on the Land Use Review Commission with a term to begin and expire as noted
below next to the appointee’s name:
Land Use Review Commission
Appointments Term Effective Date Expiration of Term
David Lawton (Seat E) April 2, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 190
Item 19.
-2-
Passed and adopted on April 2, 2024.
_______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Carrie Daggett
Page 191
Item 19.
-1-
RESOLUTION 2024-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION
A. The Planning and Zoning Commission has vacancies due to the expiration
of the term of Adam Sass and the resignation of Michelle Haefele.
B. Councilmembers interviewed candidates for these appointments on March
25, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Planning and Zoning Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
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 following named persons are hereby appointed to fill the open
vacancies on the Planning and Zoning Commission with terms to begin and expire as
noted below next to each appointee’s name:
Planning and Zoning Commission
Appointments Term Effective Date Expiration of Term
Russell Connelly (Seat E) April 2, 2024 March 31, 2028
Adam Sass (Seat G) April 2, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 192
Item 19.
-2-
Passed and adopted on April 2, 2024.
_______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 2, 2024
Approving Attorney: Carrie Daggett
Page 193
Item 19.
Page 194
Item 19.
(QUROOPHQW &RXQVHORU
)DFLOLWDWHG SURVSHFWLYH VWXGHQWV WKURXJK
WKHLU JUDGXDWHOHYHO HGXFDWLRQDO VHOHFWLRQ
SURFHVV
3UHVHQWHG GLIIHUHQW JUDGXDWHOHYHO
$PHULFDQ 8QLYHUVLW\ SURJUDPV WR SRWHQWLDO
VWXGHQWV
0DQDJHG VWXGHQW DSSOLFDWLRQV IRU
TXDOLI\LQJ VWXGHQWV DQG KHOSHG WKHP
FRPSOHWH WKH DSSOLFDWLRQ SURFHVV
&KLSRWOH 0H[LFDQ *ULOO 2UODQGR )ORULGD
6HUYLFH 0DQDJHU
0DQDJHG DQ HIILFLHQW DQG FOHDQ NLWFKHQ
GDLO\ ZKLOH VXSHUYLVLQJ WKLUWHHQ VWDII
PHPEHUV
(VWDEOLVKHG D FXVWRPHU VDWLVIDFWLRQ UDWLQJ
RI
2UDQJH &RXQW\ 8WLOLWLHV 'HSDUWPHQW
2UODQGR )ORULGD
6WXGHQW ,QWHUQ
6XUYH\HG RYHU SURSHUWLHV IRU
LUULJDWLRQ V\VWHPV LQ 2UDQJH &RXQW\
)ORULGD
0DLQWDLQHG D *HRJUDSKLF ,QIRUPDWLRQDO
6\VWHP RI WKRVH LUULJDWLRQ V\VWHPV
1DWLRQZLGH 7LWOH &OHDULQJ 3DOP +DUERU
)ORULGD
'DWD (QWU\ 6SHFLDOLVW
5HYLHZHG DQG HQWHUHG FRUUHFW GDWD IURP
RYHU PRUWJDJH GRFXPHQWV DQ KRXU LQWR
GDWDEDVHV
6HSDUDWHG VRUWHG RUJDQL]HG PDLOHG
DQG VFDQQHG RYHU PRUWJDJH
GRFXPHQWV DQ KRXU
352-(&76
(DJOH 6FRXW 3URMHFW
/HG D JURXS RI %R\ 6FRXWV WR EXLOG D
9HWHUDQV 0HPRULDO *DUGHQ
)XQGUDLVHG RYHU WKURXJK
GRQDWLRQV IURP GRRUWRGRRU PDLOLQ DQG
VSRQVRUVKLS
9ROXQWHHU H[SHULHQFH SOHDVH LQFOXGH GDWHV $PHULFDQ 3ODQQLQJ $VVRFLDWLRQ 0HPEHU
&RORUDGR &KDSWHU
)ORULGD $3$ 2UODQGR 0HWUR 6HFWLRQ %RDUG
0HPEHU
)ORULGD $3$ 3ODQQLQJ &RQIHUHQFH
9ROXQWHHU &KDLU
8&) 8UEDQ .QLJKWV 3UHVLGHQW IURP
DQG 6HFUHWDU\ IURP
%R\ 6FRXWV RI $PHULFD (DJOH 6FRXW $ZDUG
*ROGHQ .H\ ,QWHUQDWLRQDO +RQRU &OXE
0HPEHU
+DYH \RX DSSOLHG IRU WKLV FRPPLVVLRQ EHIRUH" ,I \HV SOHDVH H[SODLQ1R
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
:KDW LV \RXU SHUVRQDO LQWHUHVW DQGRU SURIHVVLRQDO EDFNJURXQG LQ ORFDO
KLVWRU\ DQG KLVWRULF SUHVHUYDWLRQ"
, KDYH ZRUNHG DV D FLW\ SODQQHU DW :LQWHU
3DUN )/ DQG ZDV WKH VWDII OLDLVRQ IRU WKH
KLVWRULF SUHVHUYDWLRQ ERDUG DW WKH &LW\ ,
DOVR ZURWH 6WDII 5HSRUWV DQG KHOSHG ZLWK
FDVHV EURXJKW WR WKH KLVWRULF SUHVHUYDWLRQ
ERDUG , HQMR\HG P\ WLPH DV D VWDII
PHPEHU RQ WKH %RDUG DQG ZRXOG ORYH WR
RI
Page 195
Item 19.
$$521 +8// 30
LV R LF S HVH YDWLRQ
JHW LQYROYHG LQ WKH &LW\ ZLWK KLVWRULF
SUHVHUYDWLRQ DV LW LV D FUXFLDO WRSLF LQ FLW\
SODQQLQJ
:KDW LQGLYLGXDO SHUVSHFWLYHV DQG FRPPXQLW\ LQWHUHVWV ZRXOG \RX EULQJ WR
WKH +3& WKDW PLJKW EH PLVVLQJ RU XQGHUUHSUHVHQWHG RQ WKH H[LVWLQJ
&RPPLVVLRQ"
, KDYH ZRUNHG DV D FLW\ SODQQHU DW :LQWHU
3DUN )/ DQG ZDV WKH VWDII OLDLVRQ IRU WKH
FLW\
V KLVWRULF SUHVHUYDWLRQ ERDUG , KDYH
DOVR ZRUNHG IRU D ORFDO FLYLO HQJLQHHULQJ
ILUP WKDW ZRUNV RQ SXEOLF DQG SULYDWH
GHYHORSPHQW 7KHVH H[SHULHQFHV DQG
EDFNJURXQGV SURYLGH PH ZLWK D FLW\
JRYHUQPHQW VLGH RI KLVWRULF SUHVHUYDWLRQ
DQG D GHYHORSPHQW VLGH RI SUHVHUYDWLRQ
WKDW DOORZV PH WR EULQJ D ZHOOPLQGHG
SHUVSHFWLYH WR D ERDUG WKDW KROGV D ORW RI
LPSRUWDQFH ZLWKLQ FLWLHV
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
, ZRUN IRU D ORFDO HQJLQHHULQJ ILUP VR WKHUH
FRXOG EH D FKDQFH IRU PH WR ZRUN RQ D
GHYHORSPHQW SURMHFW +RZHYHU LI D SURMHFW
LV EURXJKW XS WR WKH %RDUG , ZLOO UHFXVH
P\VHOI IURP DQ\ FDVHV DV QHFHVVDU\
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ":HEVLWH
RI Page 196
Item 19.
Page 197
Item 19.
-HII *DLQHV 30
+DYH \RX DSSOLHG IRU WKLV FRPPLVVLRQ EHIRUH" ,I \HV SOHDVH H[SODLQ1R
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
:KDW LV \RXU SHUVRQDO LQWHUHVW DQGRU SURIHVVLRQDO EDFNJURXQG LQ ORFDO
KLVWRU\ DQG KLVWRULF SUHVHUYDWLRQ"
'XULQJ P\ WLPH DW +LJK&UDIW %XLOGHUV ,
ZRUNHG RQ D QXPEHU RI UHQRYDWLRQV
DGGLWLRQV WR KLVWRULF KRPHV LQ )RUW &ROOLQV ,
LQWHUDFWHG ZLWK KLVWRULF SUHVHUYDWLRQ VWDII
IUHTXHQWO\ GXULQJ WKLV WLPH DQG ZRUNHG RQ
RQH SURMHFW WKDW UHTXLUHG +3& UHYLHZ 0\
ZLIH KDV VHUYHG RQ WKH +3& VLQFH
DQG LV DQ RXWJRLQJ PHPEHU :H ERWK KDYH
D VWURQJ LQWHUHVW LQ VHHLQJ WKH ULFKQHVV DQG
FKDUDFWHU RI RXU FRPPXQLW\¶V KLVWRULF
DUFKLWHFWXUDO UHVRXUFHV SUHVHUYHG
:KDW LQGLYLGXDO SHUVSHFWLYHV DQG FRPPXQLW\ LQWHUHVWV ZRXOG \RX EULQJ WR
WKH +3& WKDW PLJKW EH PLVVLQJ RU XQGHUUHSUHVHQWHG RQ WKH H[LVWLQJ
&RPPLVVLRQ"
, ZRXOG EULQJ WKH NQRZOHGJH DQG
H[SHULHQFH RI D ZRUNLQJ DUFKLWHFW WR WKH
&RPPLVVLRQ 7KLV LQFOXGHV H[SHULHQFH
ZRUNLQJ ZLWK RZQHUV RI KLVWRULF SURSHUWLHV
DQG ZRUNLQJ IRU D FRQWUDFWRU GRLQJ ZRUN RQ
KLVWRULF SURSHUWLHV DOORZLQJ PH WR VHH
WKLQJV IURP WKH H\HV RI RZQHUV GHVLJQHUV
DQG FRQWUDFWRUV
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
0\ ZLIH LV DQ DUFKLWHFW DW $8 :RUNVKRS D
ILUP WKDW ZLOO SRWHQWLDOO\ HQJDJH LQ ZRUN WKDW
ZRXOG DSSHDU EHIRUH WKH &RPPLVVLRQ $V
PHQWLRQHG , ZRUNHG DW +LJK&UDIW %XLOGHUV
IRU \HDUV DQG ZRXOG H[SHFW WR UHFXVH
P\VHOI IURP D SURMHFW WKH\ ZHUH LQYROYHG
LQ 0\ FXUUHQW HPSOR\HU 5%% $UFKLWHFWV
LV XQOLNHO\ WR EH LQYROYHG LQ SURMHFWV WKDW
ZRXOG DSSHDU EHIRUH WKH &RPPLVVLRQ
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
0\ ZLIH
RI Page 198
Item 19.
Page 199
Item 19.
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
:KDW LV \RXU SHUVRQDO LQWHUHVW DQGRU SURIHVVLRQDO EDFNJURXQG LQ ORFDO
KLVWRU\ DQG KLVWRULF SUHVHUYDWLRQ"
, KDYH KDG D ORQJVWDQGLQJ LQWHUHVW LQ WKH
EXLOW HQYLURQPHQW ODUJHO\ LQVSLUHG E\ P\
JUDQGPRWKHU D FLW\ SODQQHU LQ 'HQYHU +HU
JXLGHG ZDONV DURXQG WKH FLW\ ZKHUH VKH
GHVFULEHG KHU HIIRUWV WR VDYH /DULPHU
6TXDUH IURP GHPROLWLRQ SURIRXQGO\
LQIOXHQFHG P\ SHUVSHFWLYH 6KH KDG UDOOLHG
ORFDO EXVLQHVVHV DQG FRPPXQLWLHV WR
SUHVHUYH YLWDO SDUWV RI WKH FLW\ 7KLV SDVVLRQ
IROORZHG PH KRPH WR )RUW &ROOLQV ZKHUH ,
JUHZ XS +HU DSSURDFK WR XUEDQ VSDFHV
OHG PH WR DSSUHFLDWH WKH KLVWRULFDO
DUFKLWHFWXUH RI 2OG 7RZQ IRVWHULQJ DQ
DGPLUDWLRQ IRU XUEDQ IRUPV SUHGDWLQJ WKH
DXWRPRELOH HUD DQG WKHLU UHIOHFWLRQ RI D
GLIIHUHQW ZD\ RI OLIH
$IWHU JUDGXDWLQJ IURP FROOHJH ,
FRQWHPSODWHG D FDUHHU LQ XUEDQ SODQQLQJ
LQVSLUHG E\ KHU OHJDF\ 0\ LQWHUQVKLS ZLWK D
'HQYHU &LW\ &RXQFLOSHUVRQ IXUWKHU
FHPHQWHG P\ LQWHUHVW LQ XUEDQ
GHYHORSPHQW DQG KLVWRU\ 7KRXJK ,
XOWLPDWHO\ SXUVXHG D GHJUHH LQ KLVWRU\ WR
EHFRPH D WHDFKHU P\ IDVFLQDWLRQ ZLWK
XUEDQ ODQGVFDSHV UHPDLQHG D FRQVWDQW
FRPSDQLRQ
$W WKH 8QLYHUVLW\ RI &KLFDJR IRU JUDGXDWH
VWXGLHV , IRXQG D XQLTXH RSSRUWXQLW\ WR
PHOG P\ ORYH IRU KLVWRU\ ZLWK P\ LQWULJXH
IRU XUEDQ VWXGLHV 0\ DFDGHPLF MRXUQH\
KHUH WDXJKW PH WKDW FLWLHV DUH PHOWLQJ SRWV
RI GLYHUVH LGHDV FXOWXUHV DQG KLVWRULHV
VHUYLQJ DV FUXFLEOHV IRU LQQRYDWLYH OLIHVW\OHV
DQG VRFLDO VWUXFWXUHV , GHOYHG LQWR XUEDQ
KLVWRU\ IRFXVLQJ RQ KRZ KLVWRULFDO EXLOGLQJV
DQG GHVLJQV LQIOXHQFH FXUUHQW XUEDQ
ODQGVFDSHV DQG FRPPXQLW\ LGHQWLWLHV 7KLV
H[SORUDWLRQ LQFOXGHG H[DPLQLQJ WKH VRFLR
HFRQRPLF LPSDFWV RI KLVWRULFDO SUHVHUYDWLRQ
DQG WKH UROH LW SOD\V LQ PDLQWDLQLQJ D FLW\
V
FKDUDFWHU DQG KHULWDJH
:KDW LQGLYLGXDO SHUVSHFWLYHV DQG FRPPXQLW\ LQWHUHVWV ZRXOG \RX EULQJ WR
WKH +3& WKDW PLJKW EH PLVVLQJ RU XQGHUUHSUHVHQWHG RQ WKH H[LVWLQJ
&RPPLVVLRQ"
$V D \RXQJHU PHPEHU RI WKH FRPPXQLW\
DQG DQ DFWLYH SDUWLFLSDQW LQ <,0%< )RUW
&ROOLQV , EULQJ D IUHVK DQG QXDQFHG
SHUVSHFWLYH WR WKH +LVWRULF 3UHVHUYDWLRQ
&RPPLVVLRQ 0\ ZRUN ZLWK <,0%< )RUW
&ROOLQV KDV HTXLSSHG PH ZLWK D GHHS
XQGHUVWDQGLQJ RI WKH LQWULFDWH EDODQFH
EHWZHHQ KLVWRULFDO SUHVHUYDWLRQ DQG WKH
SUHVVLQJ LVVXH RI KRXVLQJ VKRUWDJHV 7KLV
H[SHULHQFH KDV KRQHG P\ DELOLW\ WR YLHZ
KLVWRULF SUHVHUYDWLRQ WKURXJK D OHQV WKDW
DOVR FRQVLGHUV WKH FULWLFDO QHHG IRU
DFFHVVLEOH KRXVLQJ
0\ LQYROYHPHQW LQ DGYRFDWLQJ IRU
UHVSRQVLEOH GHYHORSPHQW JLYHV PH D
XQLTXH LQVLJKW LQWR KRZ ZH FDQ
KDUPRQLRXVO\ LQWHJUDWH PRGHUQ KRXVLQJ
RI
Page 200
Item 19.
&KULVWRSKHU &RQZD\ 30
DWL J I U
KDUPRQLRXVO\ LQWHJUDWH PRGHUQ KRXVLQJ
QHHGV ZLWK WKH SUHVHUYDWLRQ RI RXU FLW\
V
ULFK KLVWRULFDO KHULWDJH , EHOLHYH WKDW WKLV
SHUVSHFWLYH ZKLFK PD\ FXUUHQWO\ EH
XQGHUUHSUHVHQWHG RQ WKH &RPPLVVLRQ LV
HVVHQWLDO LQ DQ HUD ZKHUH FLWLHV DUH UDSLGO\
HYROYLQJ 0\ DLP LV WR FRQWULEXWH WRZDUGV
VROXWLRQV WKDW KRQRU RXU SDVW ZKLOH
UHVSRQVLEO\ DGGUHVVLQJ WKH SUHVHQW DQG
IXWXUH KRXVLQJ QHHGV RI RXU FRPPXQLW\
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
, RZQ D KRPH LQ D KLVWRULF GLVWULFW LQ 2OG
7RZQ
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"1HZVSDSHU
RI Page 201
Item 19.
CHRISTOPHER CONWAY
EDUCATION
University of Chicago, Chicago, Illinois
Master of Arts in the Social Sciences: History, Spring 2018
Latin/Greek Institute at CUNY, New York, New York
Basic Greek Program, Summer 2015
St. John’s College, Santa Fe, New Mexico
Bachelor of Arts in Liberal Arts, 2012
TEACHING & RESEARCH EXPERIENCE
Ridgeview Classical Schools, Fort Collins, Colorado
High School Literature Teacher, Fall 2018-Present
●Design and execute lesson plans
●Run seminar-style classroom and lead writing projects
University of Chicago, Chicago, Illinois
Graduate Student Researcher, MA Thesis Project, Fall 2016 -Spring 2018
●Examined the relationship of Thomas Hobbes and Francis Bacon to 17th-century legal reform
●Managed all phases of the research project including research design, proposal, data collection, and
analysis
LEADERSHIP AND VOLUNTEER EXPERIENCE
YIMBY Fort Collins
Co-founder & Co-lead, 2021-present
●Organized community members around zoning code
●Coordinated between progressive housing groups on issues at the state and local level
Clint Luken's Realty, Los Angeles, California
Executive Assistant, 2014-2016
●Managed investment properties; provided executive-level support on multiple projects simultaneously
●Facilitated client relations; built long-term relationships; handled conflict resolution
Denver City Council, Denver, Colorado
Field and Communication Aide, 2013
●Communicated and responded to community concerns and resolved any problems
●Wrote op-ed pieces; edited press releases; facilitated social media, digital and print publications
●Maintained high levels of confidentiality; assisted with standard office practices and procedures
HUD Denver Point-in-Time Count, Denver, Colorado
Volunteer, 2012
●Interviewed individuals experiencing homelessness
●Located and counted individuals experiencing unsheltered homelessness
Page 202
Item 19.
Page 203
Item 19.
%RQQLH *LEVRQ 30
O
&RPPLVVLRQ"
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1$
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
&XUUHQWO\ RQ WKH FRPPLVVLRQ DQG WHUP
H[SLUHV LQ 0DUFK
RI Page 204
Item 19.
Page 205
Item 19.
'DYLG /DZWRQ 30
'R \RX KDYH DQ\ H[SHULHQFH LQ GHYHORSPHQW UHYLHZ RU DSSO\LQJ FRGH WR D
FRQVWUXFWLRQ SURMHFW"
<HV 5HPRGHOLQJ SURMHFW WR FXUUHQW
UHVLGHQFH LQ DQG &RQVWUXFWLRQ
5HPRGHOLQJ SURMHFW IRU $GYDQFHG (QHUJ\
SURSHUW\ LQ FXUUHQW
+DYH \RX HYHU KHOSHG PLWLJDWH D VROXWLRQ WR D FRPSOH[ SUREOHP" 3OHDVH
H[SODLQ
:DV LQYROYHG LQ UHFRYHU\ SURMHFW IRU
6HPLFRQGXFWRU RSHUDWLRQV LQ -DSDQ DIWHU
)XNXVKLPD HDUWKTXDNH LQ
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1RQH
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
1RDK %HDOV
RI Page 206
Item 19.
Dave Lawton
Fort Collins, CO 80525
Summary
Professional Experience
Advanced Energy Industries, Inc., Fort Collins, Colorado
$2B Global leader in engineering and manufacturing the world’s most advanced power delivery solutions for
semiconductor, medical and industrial manufacturers.
Vice President and General Manager – AE Global Services – Fort Collins, Colorado
Lead Advanced Energy’s worldwide Services organization comprising of operations in 10 countries servicing 200+
customers. Develop strategy for continual growth and diverse offerings in target markets in support of Sales and Product
groups within AE. Additional responsibility as Site Leader for Fort Collins campus overseeing expansion and
modernization for 600+ employees.
Amkor Technology, Tempe, Arizona
$5B industry leader in Semiconductor Subcontract Packaging, Test and Wafer Bump Services with 30,000 employees in
the US, China, Taiwan, Japan, Singapore, South Korea, Portugal, Malaysia and the Philippines.
Corporate Vice President - Business Planning and Corporate Development - Tempe, Arizona
Direct Amkor's M&A activities worldwide. Most recent projects include formation of J Devices in Japan via JV’s with
Toshiba, Renesas and Fujitsu along with Amkor's acquisition of Toshiba's Malaysia backend facility (TEM) to facilitate
entry into the discrete and power packaging and test market.
Managing Director - Amkor Technology, Japan KK - Tokyo, Japan
Expatriate assignment as Japan Country Manager with overall responsibility for manufacturing, business activities,
executive representation, P&L and governance of Amkor's operations in Japan. Sitting board member for J Devices,
Japan's largest OSAT where Amkor has a 100% ownership position.
Senior Vice President – ATI US Corporate Group / HR - Chandler, Arizona
Manage top-level corporate functions including Human Resources, US procurement, Central Planning, Facilities and WW
Quality. Lead corporate Human Resource group in overall policy and practice implementation including benefits,
compensation, training, employee relations and WW HR systems development/deployment. Liaison between Sales and
Manufacturing for customer forecast commitments. Lead Facilities team in acquisition integration, greenfield design and
existing factory expansions.
An accomplished technology executive experienced in optimizing business solutions through streamlined operations and
maximized efficiencies. Forward thinker able to set strategic course and drive for measurable results. Profit -focused
multi-cultural team leader in areas of human capital management, corporate governance, strategic planning, operations,
quality and asset allocation.
Page 207
Item 19.
Lucent Technologies, Utrecht, The Netherlands
$13B Communications equipment manufacturer with 100,000+ employees world-wide.
Director of Operations
Expatriate assignment to oversee all activities related to the production and global delivery of RF wireless network data
terminals for Lucent's WaveLAN product line.
Accomplishments:
- Achieved 68% reduction in product cost through qualification and primary use of Asia-based suppliers for product
materials, sub-circuit assembly, test and drop shipment.
- Opened new international markets through product re-design for modularity and upgrade of supply chain for regional
configuration.
- Developed supply assurance programs with product distribution networks as well as key customers.
- Improved all key operational metrics and controls while tripling product sales.
- Established aggressive continuous improvement goals with electronics manufacturing service providers. Insured
compliance through regular reviews and shared incentive programs.
- Led transformation of a development engineering organization into a high volume manufacturing support group.
- Transferred custom RF test equipment and programs offshore while protecting IP.
- Selected and trained a local Dutch candidate to successfully assume job duties after completion of two-year contract.
NCR Microelectronic Products Division, Fort Collins, Colorado
$500M Semiconductor Products Division for NCR Corporation.
Director of Operations, SRAM Program Manager, QA Manager, Product Engineering Manager, Product
Engineer, Test Engineer. Direct semiconductor test, assembly, process engineering and production groups. Accountable
for local plant P&L through to gross margin. Formulate manufacturing standards and long range plans. Capital expense
planning and authorization. Personnel training, resource allocation and budgeting.
Accomplishments:
- Successful 4 year double-digit expansion of internal and outsourced operations in response to rapid product growth.
- Created 8 new product offerings through negotiation of technology and product exchanges with multi-national firms.
- Exceeded donations target by 35% as NCR Coordinator for annual Fort Collins United Way campaign.
- 5x improvement in product reliability and yields through focused drive towards defect reduction.
- Standardized ASIC design process through creation and use of design traveler.
Education
BS Electrical Engineering / Circuit Design, University of California, Davis
Zenger Miller Supervision - Train the Trainer, Minneapolis, MN
Financial Management for Non-Financial Managers, Colorado
USC IBEAR: Doing Business with Taiwan, Los Angeles, CA
USC IBEAR: Doing Business with China and Hong Kong, Los Angeles, CA
Human Resource Management – George Washington School of Business
Applications: MS Excel, Power Point, Word, Outlook, SAP, Success Factors, Salesforce.com
Affiliations: SHRM, ESCA, APICS, MEPTEC
Page 208
Item 19.
Page 209
Item 19.
5XVVHOO &RQQHOO\ 30
:KDW LV \RXU OHYHO RI IDPLOLDULW\ ZLWK WKH &LW\¶V DGRSWHG SODQV SROLFLHV DQG
ODQG XVH UHJXODWLRQV"
, KDYH D EDVLF XQGHUVWDQGLQJ RI WKH FLW\
V
ODQG XVH FRGH
3OHDVH GHVFULEH \RXU XQGHUVWDQGLQJ RI KRZ WKH &LW\¶V DGRSWHG SODQV
SROLFLHV DQG ODQG XVH UHJXODWLRQV LPSDFW WKH EXLOW HQYLURQPHQW
0\ XQGHUVWDQGLQJ LV WKDW WKH &LW\
V DGRSWHG
SODQV SROLFLHV DQG ODQG XVH UHJXODWLRQV
LPSDFW WKH EXLOW HQYLURQPHQW E\
GHWHUPLQLQJ ZKDW FDQ DQG FDQQRW EH EXLOW
LQ DQ\ SDUWLFXODU SDUW RI WKH &LW\ ZLWK UHJDUG
WR VL]H GHQVLW\ XVH HWF
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
,
P QRW DZDUH RI DQ\
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ":HEVLWH
RI Page 210
Item 19.
Russell B. Connelly
EDUCATION
University of Michigan Law School – Ann Arbor, MI
J.D., Dec. 2015
• President, Frank Murphy Society
• Secretary, Michigan Election Law Project
Guilford College – Greensboro, NC
B.A., Political Science, May 2013
EXPERIENCE
Office of the 8th Judicial District Attorney Fort Collins, CO
Deputy District Attorney – Special Victims Unit October 2023-Present
• Responsible for handling the prosecution of felony-level sex offenses and crimes against
children.
• I conduct jury trials and motions hearings, and manage a full caseload.
The Burnham Law Firm, P.C. Fort Collins, CO
Associate Attorney March 2022 – September 2023
• Handled a full caseload consisting primarily of personal injury cases.
• Assisted firm with marketing and generating business as it sought to expand into Northern
Colorado from the Denver area.
The Connelly Law Firm, L.L.C. Fort Collins, CO
Attorney January 2022 – March 2022
• Started a solo practice primarily handling personal injury matters after the unexpected
dissolution of my prior firm.
• Managed solo practice until joining an established firm.
Ring & Associates, P.C. Fort Collins, CO
Associate Attorney January 2020 – December 2021
• Responsible for majority of the personal injury practice for a well-established Northern
Colorado law firm.
• Handled other types of cases on an as-needed basis.
• Left the firm because it was dissolved due to the unexpected death of the owner/managing
attorney.
Office of the 6th Judicial District Attorney Durango, CO
Deputy District Attorney October 2017-December 2019
• Responsible for prosecuting felony-level domestic violence offenses.
• Managed the Sixth Judicial District Behavioral Health Court program.
• Conducted over 30 jury trials in both county and district court.
Office of the 10th Judicial District Attorney Pueblo, CO
Deputy District Attorney June 2016- June 2017
• Handled a docket of several hundred cases.
Page 211
Item 19.
• Conducted jury trials and hearings.
COMMUNITY & POLITICAL INVOLVEMENT
Larimer County Bar Association – Young Lawyers Division
President February 2023 – Present
Treasurer February 2021 – February 2023
Vice President of Communications February 2020 – February 2021
Larimer County Democratic Party
Secretary June 2023 - Present
Chair, Senate District 14 February 2023 - Present
Sal Pace for Congress
Field Fellow June – August 2012
Office of U.S. Senator Mark Udall
Intern June – August 2011
Page 212
Item 19.
Page 213
Item 19.
$GDP 6DVV 30
RIWHQ DV S V LE H
&ROOLQV , ORYH WR YROXQWHHU DQG KHOS PDNH
WKLQJV EHWWHU )XUWKHUPRUH YROXQWHHULQJ IRU
WKH 5HDOLWLHV )RU &KLOGUHQ JURXS KDV EHHQ
DQ H\H RSHQLQJ H[SHULHQFH IRU PH DQG
ZKLOH L GRQ
W GLUHFWO\ YROXQWHHU IRU WKHP DQ\
ORQJHU , GR FRQWLQXH WR VXSSRUW WKHLU
PLVVLRQ HYHU\ \HDU
+DYH \RX DSSOLHG IRU WKLV FRPPLVVLRQ EHIRUH" ,I \HV SOHDVH H[SODLQ<HV DQG ZDV VHOHFWHG WR ILOO D YDFDQF\
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
<HV
3ODQQLQJ DQG =RQLQJ
:KDW LV \RXU OHYHO RI IDPLOLDULW\ ZLWK WKH &LW\¶V DGRSWHG SODQV SROLFLHV DQG
ODQG XVH UHJXODWLRQV"
9HU\ )DPLOLDU ZLWK WKH &LW\
V DGRSWHG SODQV
SROLFLHV DQG ODQG XVH UHJXODWLRQV
3OHDVH GHVFULEH \RXU XQGHUVWDQGLQJ RI KRZ WKH &LW\¶V DGRSWHG SODQV
SROLFLHV DQG ODQG XVH UHJXODWLRQV LPSDFW WKH EXLOW HQYLURQPHQW
7KH &LW\
V DGRSWHG SODQV SROLFLHV DQG
ODQG XVH UHJXODWLRQV GLUHFWO\ LPSDFW WKH
EXLOW HQYLURQPHQW E\ SXWWLQJ JXDUGUDLOV LQ
SODFH IRU WKH DIRUHPHQWLRQHG EXLOW
HQYLURQPHQW 7KH\ DUH JXLGLQJ SULQFLSOHV
IRU WKH RYHUDOO JURZWK RI WKH FLW\ DV ZHOO DV
VSHFLILF FRGLILHG JXLGHOLQHV IRU WKH EXLOW
HQYLURQPHQW DQG DVSLUH WR EULQJ IRUWK WKH
FLW\ WKDW LV HQYLVLRQHG E\ WKH SROLF\
PDNHUV
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1$
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
$OUHDG\ VHUYLQJ DQG ZRXOG ORYH WR FRQWLQXH
P\ VHUYLFH
RI Page 214
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Heather Walls, Interim City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 039, 2024, Amending the City Code to Provide Additional
Procedural Options for the Conduct of City Council Meetings.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading with amendments at the March 18, 2024, special meeting, by a
vote of 6-1 (Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro, Canonico,
and Potyondy; Nays: Councilmember Ohlson), updates Code provisions related to the conduct of Council
meetings to allow Councilmembers to attend and vote remotely if a meeting has been relocated to a remote
mode due to circumstances preventing a meeting from proceeding.
Council amended the Ordinance at the time of adoption on First Reading to remove a provision allowing
Council to limit public comment to agenda items only and to correct an obsolete pronoun reference.
Resolution 2024-026 Adopting Amending Rules of Procedure Governing the Conduct of City Council
Meetings and Council Work Sessions failed unanimously.
STAFF RECOMMENDATION
Staff recommends adoption of the and Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During the First Reading discussion, there was a question raised about how the Colorado Open Meetings
Law addresses electronic messages and open meetings. Here are the relevant provisions of that statute
(Colorado Revised Statutes Section 24-6-402 (1)):
b."Meeting" means any kind of gathering, convened to discuss public business, in person, by
telephone, electronically, or by other means of communication.
. . .
d.II If elected officials exchange electronic mail to discuss pending legislation or other public
business among themselves, the electronic mail is subject to the requirements of this
section. Electronic mail communication between elected officials that does not relate to
the merits or substance of pending legislation or other public business, including
electronic mail communication regarding scheduling and availability or electronic mail
Page 215
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
communication that is sent by an elected official for the purpose of forwar ding
information, responding to an inquiry from an individual who is not a member of the
state or local public body, or posing a question for later discussion by the public body,
shall not be considered a "meeting" within the meaning of this section. For purposes of
this subsection (2)(d)(III), "merits or substance" means any discussion, debate, or
exchange of ideas, either generally or specifically, related to the essence of any public
policy proposition, specific proposal, or any other matter being considered by the
governing entity.
Because repeating this language in the City Code would be cumbersome, the Ordinance references the
statute but does not include this specific language. If Council would prefer to restate the statutory provision
in the Code, the change would be to add this language to the definition of “meeting” in City Code Section
2-26, which is shown in Section 1 of the Ordinance.
CITY FINANCIAL IMPACTS
No significant costs have been identified.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
No board/commission/committee recommendations have been requested or made.
PUBLIC OUTREACH
No public outreach has been completed.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 216
Item 20.
-1-
ORDINANCE NO. 039, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY CODE TO PROVIDE ADDITIONAL PROCEDURAL
OPTIONS FOR THE CONDUCT OF CITY COUNCIL MEETINGS
A. Division 2 of Article II of Chapter 2 of the City Code contains provisions
relating to attendance at and conduct of City Council meetings .
B. The City Council most recently updated the provisions of that Division in
October 2021, at which time Council enacted provisions addressing the use of remote
technology, updating the structure of public comment at Council meetings, and clarifying
the process for removing items from the Consent Calendar, among other revisions .
C. Experience with these provisions and procedures in recent months has
highlighted the need for additional flexibility to manage disruption of meetings and utilize
remote technology to allow the Council to carry out its business.
D. Council desires to revise the Code to implement updated procedures and
allow additional flexibility as needed, as more specifically 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:
Section 1. Section 2-26 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-26. Definitions.
For purposes of this Division, the following words, terms and phrases shall have the
meanings ascribed to them in this Section:
. . .
Meeting shall mean any gathering of a quorum or three (3) or more members, whichever
is fewer, of the City Council or any Council committee, at which any public business is
discussed or at which any formal action may be taken but shall not mean any chance
meeting or social gathering at which the discussion of public business is not the central
purpose. Electronic mail communications to or from City Councilmembers shall not
constitute meetings of the City Council, or of a Council committee, except as provided by
applicable Colorado open meetings law.
Present and voting shall mean physically present while participating in a Council regular
or special meeting. However, in the event the Mayor, or City Council by majority vote,
determines at any time that circumstances necessitate that Council conduct all or a
portion of a regular or special meeting using remote technology, Councilmembers shall
Page 217
Item 20.
-2-
be considered present and voting when participating using remote technology, and may
fully participate and vote in that meeting using remote technology.
For any Council committee meeting, present and voting shall mean either being physically
present at and participating in a meeting or participating in a meeting using remote
technology.
Using remote technology shall mean conducting or participating in any meeting by
electronic means, provided any participating Councilmember:
(1) Appears using electronic means that include both full audio and video
capability to enable hearing and seeing comment, testimony, discussion and action
taken by the Councilmember, other Councilmembers present, and the public
observing the meeting; and
(2) Appears live on camera and is audible in the meeting to those observing
the meeting when establishing a quorum, when speaking and when voting.
Section 2. Section 2-28 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-28. Regular meetings.
. . .
(b) The place of such meeting shall be the Council Chambers of the City Hall unless
the City Council, by majority action of a quorum of its members, directs that a meeting be
held elsewhere. In the event circumstances prevent or are reasonably expected to
prevent the Council from carrying out its business in the Council Chambers, the Mayor,
or the Council by majority vote, may relocate or adjourn such meeting to an alternative
location or to a remote meeting using remote technologies, or may shift all public viewing
and participation to remote technology. In the case of any such location change, notice
of the change must be prominently posted for the public at Council Chambers and the
meeting broadcast. The meeting must then, at a minimum, be freely available to the public
by electronic means or broadcast, or at a remote viewing location. When a meeting is
relocated and reconvened, or shifted to remote-only public viewing, a minimum of forty-
five (45) minutes must elapse between the adjournment of the meeting to the new location
or mode and reconvening in the new location or mode.
Section 3. Section 2-29 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (e) which reads in its entirety as follows:
Page 218
Item 20.
-3-
Sec. 2-29. Special meetings.
. . .
(e) In the event circumstances prevent or are reasonably expected to prevent the
Council from carrying out its business in the location stated in the call of a special meeting,
the Mayor, or the Council by majority vote, may relocate or adjourn such meeting to an
alternative location or to a remote meeting using remote technologies, or may shift all
public viewing and participation to remote technology. In the case of any such location
change, notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast. The meeting must then, at a minimum, be freely
available to the public by electronic means or broadcast, or at a remote viewing location.
When a meeting is relocated and reconvened, or shifted to remote-only public viewing, a
minimum of forty-five (45) minutes must elapse between the adjournment of the meeting
to the new location or mode and reconvening in the new location or mode.
Section 4. Section 2-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-30. Meeting agenda.
(a) The City Manager shall, in consultation with the Mayor and the Mayor Pro Tem,
prepare the agenda for all regular and special meetings of the City Council. The agenda
shall include all items requiring City Council action. Whenever possible, there shall be
submitted with the agenda all facts necessary for the City Council to properly study the
item and make a decision. To this end, the City Manager may include their
recommendation on items to be considered.
. . .
(d) Any interested party may request, at any time prior to action by the City Council on
the consent calendar, that the City Manager or a Councilmember remove a specified item
from the consent calendar to be considered as a separate item by the City Council. Prior
to action by the City Council on the consent calendar, the presiding officer of the City
Council shall confirm whether the City Manager or any Councilmember desires to remove
any item or items from the consent calendar, and the presiding officer shall place such
item on the agenda for that meeting at an appropriate place for separate action. After
removal of all items for which a request was made for removal, the City Council shall
consider the remaining items on the consent calendar by one (1) motion. The vote of each
City Councilmember on the motion to approve the consent calendar shall be considered
a vote on each individual item on the consent calendar.
(e) The City Council may from time to time adopt such meeting rules and rules of
procedure as Council deems appropriate, consistent with this Division and other
applicable laws.
Page 219
Item 20.
-4-
Section 5. Section 2-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-32. Open meetings/notice of meetings.
(a) Except as otherwise provided in § 2-31, all meetings of the City Council and all
meetings of City Council committees shall be open to the public. This requirement may
be met by allowing physical public access to a meeting or by providing free public access
to a meeting through remote technology or by a combination of these means of access.
(b) Any meeting of the City Council at which any formal action could occur or at which
a majority or quorum is in attendance, or is expected to be in attendance, shall be held
only after full and timely notice to the public. For purposes of this Subsection, full and
timely notice of regular and special Council meetings shall be accomplished by
compliance with the provisions contained in this Division, as applicable.
. . .
Section 6. Section 2-34 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (4) which reads in its entirety as follows:
Sec. 2-34. Place of posting.
The public meetings page on the City's website at http:/fcgov.com, is designated as the
proper place for the posting of public notice of:
. . .
(4) Any alternative location for a regular or special Council meeting relocated
in accordance with Subsection 2-28(b) or 2-29(e).
Introduced, considered favorably on first reading on March 18, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Chief Deputy City Clerk
Effective Date: April 12, 2024
Approving Attorney: Carrie Daggett
Page 220
Item 20.