HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/17/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, September 17, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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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.
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City of Fort Collins Page 1 of 7 City Council Summary Agenda
City Council
Regular Meeting Agenda
September 17, 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 Delynn Coldiron
City Attorney City Manager City Clerk
Spanish interpretation will be available for all budget related meetings.
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of September 15-21 as Fort Collins Co-Responders Week.
PP 2. Declaring the Week of September 17-23 as Constitution Week.
PP 3. Declaring the Week Leading up to the Games on Saturday, September 27, 2024 as
Canvas Community Classic Week.
PP 4. Declaring the Month of October 2024 as National Preparedness 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.)
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City of Fort Collins Page 2 of 7
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 August 20, 2024, and September 3, 2024,
Regular Meetings.
The purpose of this item is to approve the minutes of the August 20, 2024, and September 3,
2024, regular meetings.
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City of Fort Collins Page 3 of 7
2. Second Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in the
General Fund and Authorizing Transfer of Appropriations to the Recreation Fund for the
Purchase of a Bus for Use by the Recreation Department’s Childcare Programs.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
funds designated for childcare projects to purchase a full-size bus committed to Recreation
Department’s childcare programs.
3. Second Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from the
Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, supports the Fort
Collins Police Services’ Property Crimes Unit by appropriating $50,000 of unanticipated grant
revenue awarded by the Colorado State Patrol.
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity
as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The
$50,000 award is under the BATTLE program’s FY25 cycle. These state funds will be used for
overtime pay for Fort Collins Police Services personnel to support multiagency and
multijurisdictional BATTLE operations to identify, interdict, investigate, enforce, and prosecute
motor vehicle theft-related crimes.
4. Second Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the
General Fund for the Grocery Tax Rebate Program.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$442,460 from General Fund reserves to fulfill the FY2024 Grocery Tax Rebate Program rebate
and personnel budget obligations.
5. Second Reading of Ordinance No. 127, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$189,390 in philanthropic revenue received through City Give. These miscellaneous gifts to
various City departments support a variety of programs and services and are aligned with both
the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
6. Second Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan Map
in Conformance with the East Mulberry Plan Update.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, updates the
Structure Plan Map following the recommended Place Type changes outlined in the East Mulberry
Plan. The proposed changes encompass approximately 500 acres and reflect the changes
previously presented and discussed with the Planning and Zoning Commission leading up to the
adoption of the East Mulberry Plan in December 2023. Proposed changes are summarized in the
following sections of this report and do not deviate from what was included within the adopted
version of the 2023 East Mulberry Plan.
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City of Fort Collins Page 4 of 7
7. Second Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Transportation Alternatives Program (“TAP”) funds and local funds
for the William Neal and Ziegler Intersection Improvements Project (the “Project”). The fun ds will
be used to design and install an at-grade bicycle and pedestrian crossing at the intersection of
William Neal Parkway and Ziegler Road. It is anticipated that a new at-grade crossing at this
intersection will provide a safe crossing point between the Rendezvous Trail and Rigden Farm to
the west and the Poudre River Trail extension and the future East Community Park to the east.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$603,624 of TAP grant funds for the Project; 3) move previously appropriated matching funds
from the Sustainable Funding 2050 Tax and Community Capital Improvement Program (CCIP)
Bicycle Program for the Project; and 4) appropriate funds to the Art in Public Places (APP)
program.
8. Second Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Highway Safety Improvement Program Grant Funds and Authorizing
Transfers for the Signal Upgrades Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Signal Upgrades Project (the “Project”). The funds will be used to enhance and
upgrade traffic signals at up to thirty-one locations throughout the City. It is anticipated that the
traffic signal upgrades will increase safety and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$606,410 of HSIP grant funds for the Project; 3) appropriate matching funds from the
Transportation Services funds reserves, 4) move previously appropriated matching funds from
the Transportation Services fund for the Project; and 5) appropriate funds to the Art in Public
Places (“APP”) program.
9. Second Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property
Rights Relating to the Acquisition of Property in the Loveland Community Separator.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Prairie
Ridge Addition. The Project will conserve 142-acres in fee adjacent to Prairie Ridge Natural Area
in the Loveland Community Separator. The Ordinance will authorize the conveyance of a
conservation easement on the property and a farming lease over the Prairie Ridge property.
10. Second Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the Pedestrian Intersection Improvements
Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Pedestrian Intersection Improvements Project (the “Project”). The funds will be used
to design and install pedestrian improvements at five locations. It is anticipated that these
improvements will improve bicycle and pedestrian safety by reducing crashes.
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City of Fort Collins Page 5 of 7
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$1,250,326 of HSIP grant funds for the Project; 3) move previously appropriated matching funds
from the Community Capital Improvement Program (“CCIP”) Bicycle Program and Transportation
Services Fund for the Project; and 4) appropriate funds to the Art in Public Places (“APP”)
program.
11. Second Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Mulberry Street Traffic Signal Synchronization Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Congestion Mitigation and Air Quality (“CMAQ”) Improvement
Program funds and local funds for the Mulberry Street Traffic Signal Synchronization Project (the
“Project”). The funds will be used to gather and evaluate data for existing conditions and install
adaptive signal system equipment at appropriate intersections on East Mulberry Street between
College Avenue and Greenfields Court. It is anticipated that the synchronization of traffic signals
along this corridor will reduce congestion and improve air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$440,000 of CMAQ grant funds for the Project; 3) appropriate matching funds from the
Transportation Services Funds Reserves for the Project; and 4) appropriate funds to the Art in
Public Places (APP) program.
12. Items Pertaining to the Annual Adjustment Ordinance.
A. First Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in
Various City Funds.
B. First Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in
Various City Funds.
C. First Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations in
Various City Funds.
D. First Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for
the Fossil Creek Trail Spur Project.
The purpose of these Annual Adjustment Ordinances is to appropriate ad ditional
revenues or prior year reserves that need to be appropriated before the end of the year
to cover related expenses that were not anticipated, and therefore, not included in the
2024 annual budget appropriation. The additional revenue is primarily f rom fees, charges
for service, rents, contributions, donations, and grants that have been paid to City
departments to offset specific expenses.
13. First Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Parks Department Designated Toward
Improvements at Veterans Plaza of NoCo, Spring Canyon Community Park.
The purpose of this item is to request an appropriation of $25,050 in philanthropic revenue
received by City Give to be used for improvements at the Veterans Plaza in Spring Canyon
Community Park.
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City of Fort Collins Page 6 of 7
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.
14. Resolution 2024-118 Authorizing an Intergovernmental Agreement Between the Alternative
Sentencing Department of Larimer County, Colorado, for use of Alternative Sentencing in
Municipal Court.
The purpose of this item is to authorize an intergovernmental agreement (the “IGA”) with the
Alternative Sentencing Department of Larimer County so that prosecutors have the option to use
these programs in plea agreements and municipal judges have the option of sentencing
defendants to work release, mid-week, and weekender programs.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
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.
15. Public Hearing #1 on the 2025-26 Recommended Budget for the City of Fort Collins.
This is the first public hearing on the City Manager’s 2025-26 Recommended Budget for the City
of Fort Collins. The purpose of this public hearing is to gather public input on the 2025-26 budget.
To receive further public input, a second public hearing is scheduled for Council’s Tuesday,
October 1, 2024, regular meeting at 6:00 p.m. in Council Chambers with the option for remote
participation through the online Zoom meeting platform. Both hearings were set by Council
adoption of Resolution 2024-116 at its September 3, 2024, meeting. The City Manager’s 2025-
26 Recommended Budget can be reviewed at the City Clerk’s Office by appointment only and
online at fcgov.com/budget.
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City of Fort Collins Page 7 of 7
Spanish interpretation will be available at all 2025-2026 budget related meetings.
16. Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental
Agreement Establishing the Poudre Fire Authority.
The purpose of this item is to seek approval of an amended and restated Intergovernmental
Agreement (“IGA”) establishing the Poudre Fire Authority (the “Authority”) between the City of
Fort Collins (the “City”) and the Poudre Valley Fire Protection District (the “District”). This includes
the Funding Formula and Revenue Allocation Formula, and Support Services provided by the City
to the Authority and by the Authority to the City.
P) RESUMED PUBLIC COMMENT (if necessary)
Q) 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.)
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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File Attachments for Item:
PP 1. Declaring the Week of September 15-21 as Fort Collins Co-Responders Week.
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PROCLAMATION
WHEREAS, Fort Collins, along with the State of Colorado, and the USA, have continued
to address the issue of mental illness and substance use; and
WHEREAS, mental illness, substance addiction, and co-occurring conditions often lead
to homelessness, criminal charges, and arrests as well as expensive and less effective jail housing,
broken families, suicide, assaults, and the many issues created by mental illness, substance use are
community problems; and
WHEREAS, many communities, towns, cities, counties and states have realized the need
for additional resources to address these issues and specifically when individual persons are
experiencing crisis situations, including those in the City of Fort Collins, have id entified the
promising emerging practice and effective program called Co-Response; and
WHEREAS, co-response is defined as pairing a crisis-trained mental health professional
with a first responder, who respond as a team to collaboratively intervene in varying levels of crisis
with the goal of diverting individuals from arrest and jail, diverting individuals from emergency
department visits, and connecting those individuals in crisis with necessary and effective
resources; and
WHEREAS, the City of Fort Collins operates multiple Co-Responder units comprised of
specially trained first responders from Fort Collins Police Services and mental health professionals
from UC Health, comprise the Mental Health Response Team (MHRT); and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the week of September 15 - September 21, as
NATIONAL CO-RESPONDER AND CRISIS RESPONDER
WEEK
to express our appreciation and gratitude for all co-responders and crisis mental health
professionals working in the City of Fort Collins.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 17th day of September, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item PP 1.
File Attachments for Item:
PP 2. Declaring the Week of September 17-23 as Constitution Week.
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PROCLAMATION
WHEREAS, it is the privilege and duty of the American people to commemorate the two
hundred and thirty-sixth anniversary of the drafting of the Constitution of the United States of
America with appropriate ceremonies and activities; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution
Week; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim September 17-23, 2024, as
CONSTITUTION WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 17th day of September, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 2.
File Attachments for Item:
PP 3. Declaring the Week Leading up to the Games on Saturday, September 27, 2024 as
Canvas Community Classic Week.
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PROCLAMATION
WHEREAS, the Canvas Community Classic was established in 2022, bringing together
students, families, faculty, staff and supporters of Poudre School District; and
WHEREAS, the Canvas Community Classic has become a showcase event for the
northern Colorado community, where each elementary, middle and high school of Poudre School
District is given the opportunity to participate in game day events at Canvas Stadium; and
WHEREAS, Poudre School District is the 8th largest in the state of Colorado; and has
approximately 30,000 students and more than 5,000 faculty and staff members across 54 schools,
making it one of Fort Collins’ largest employers; and
WHEREAS, Poudre School District began in 1866 and continues to strive to provide
educational and extracurricular activities to any and all students, and offers a wide range of
opportunities for its students; and
WHEREAS, Canvas Credit Union was founded in 1938 and since its founding 86 years
ago CCU has continued to invest in the communities in which it serves and is known as leader in
those communities and known for its heart; and
WHEREAS, Canvas Credit Union will present six Poudre School District high schools
with $5,000 each, a combined total of $30,000 through the Community Classic this year; and
WHEREAS, the Canvas Community Classic displays the strong and growing partnership
between Poudre School District and Canvas Credit Union and reflects the values embraced by the
City of Fort Collins and its residents.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim this as Canvas Community Classic Week, the week leading up to the games on September
27, 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 17th day of September, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 3.
File Attachments for Item:
PP 4. Declaring the Month of October 2024 as National Preparedness Month.
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PROCLAMATION
WHEREAS, September 2024 is recognized as “National Preparedness Month” and creates
an opportunity for everyone to prepare their homes, businesses, and community for any type of
emergency, including natural disasters, pandemics and potential terrorist attacks; and
WHEREAS, investing in the preparedness of ourselves, our families, businesses, and
community can reduce losses and economic devastation in our community and in our nation; and
WHEREAS, the theme of this year's National Preparedness Month is "Start a
conversation." This month, all community members are encouraged to bolster their readiness in
the event of a crisis; and
WHEREAS, the City of Fort Collins “FC Ready” Campaign, and other federal, state,
local, tribal, territorial, private, and volunteer agencies supporting public activities in preparing for
emergencies and to educate individuals on how to take action; and
WHEREAS, emergency preparedness is the responsibility of every resident and busin ess
owner in the City of Fort Collins, and everyone is urged to make preparedness a priority and work
together as a team to ensure that individuals, families, and the community is prepared for disasters
and emergencies of any type; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of September 2024, as
NATIONAL PREPAREDNESS MONTH
and encourages all residents and businesses to develop their own emergency preparedness plan,
and work together toward creating a more prepared society.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 17th day of September, 2024.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Page 15
Item PP 4.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the August 20, 2024, and September 3,
2024, Regular Meetings.
The purpose of this item is to approve the minutes of the August 20, 2024, and September 3,
2024, regular meetings.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the August 20, 2024, and September 3, 2024, Regular
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the August 20, 2024, and September 3, 2024, regular
meetings.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, August 20, 2024
2. Draft Minutes, September 3, 2024
Page 17
Item 1.
City of Fort Collins Page 486 City Council Proceedings
August 20, 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 August 26, 2024 as Women's Equality Day.
PP 2. Declaring August 17, 2024 International Homeless Animals Day.
Mayor Pro Tem Emily Francis presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis 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 Pro Tem Emily Francis led the Pledge of Allegiance.
D) ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
ABSENT
Mayor Jeni Arndt - excused
Councilmember Melanie Potyondy - excused
STAFF PRESENT
Deputy City Manager Tyler Marr
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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E) CITY MANAGER'S AGENDA REVIEW
Deputy City Manager Tyler Marr provided an overview of the agenda. There were 26 items on the
Consent Agenda and three discussion items, including:
Ordinance approving reserves for a civic assembly process related to Hughes Stadium site.
Ordinance banning the retail sale of puppies and kittens.
Resolution to appoint a member to the Affordable Housing Board.
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.)
All participants were given two minutes for comment.
Mary Roberts spoke in support of the ordinance banning the retail sale of puppies and kittens.
Cherie Trine requested the Hughes Stadium land be given back to the indigenous people. Trine also
expressed disappointment there will be no report on peaceful protest training for Police.
Barbara Krupnik-Goldman opposed Platte River Power Authority (PRPA) building a new gas-powered
plant and spoke of the escalating climate crisis.
Sam Killmeyer opposed PRPA building a new gas-powered plant and investing in more fossil fuel
production. Killmeyer also opposed the City’s elected officials voting in support of the plant.
Kevin Cross provided information opposed to PRPA’s presentation related to solar costs and stated
PRPA can now build its own solar facilities without having to cover profits going to a third party.
Sue McFadden spoke about PRPA and requested a third party evaluate the IRP and the gas plant.
McFadden stated the 100% renewable energy goal is doable and should not be aspirational, and there
is enough baseload power to join the southwest power pool.
Fred Kirsch, Fort Collins Community for Sustainable Energy, opposed PRPA building a new gas-
powered plant and agreed the City should get another opinion related to the IRP efforts.
Leslie Walker expressed concern about the requirement for City residents to get new trashcans as
part of the new single hauler program.
Mary Wilkinson spoke in support of the ordinance banning the retail sales of puppies and kittens.
Scott Carman spoke in support of the ordinance banning the retail sales of puppies and kittens.
Carman shared information on the puppy mills that supply Pet City.
Cara Thorson spoke in support of the ordinance banning the retail sales of puppies and kittens.
Thorson shared information about pop-up puppy and kitten sales in parking lots and out of vehicles
that currently are not regulated and encouraged a ban for these as well.
Ella Tyrrell spoke in support of the ordinance banning the retail sales of puppies and kittens. Tyrrell
shared information about local breeders who practice humane practices and support the community
and stated these, as well as local shelters, provided a much better way to find a pet.
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Mickey Pardo spoke in support of the ordinance banning the retail sales of puppies and kittens. Pardo
spoke about medical issues that exist in pets from mills and pet store fraud related to the issue.
Jennifer Litzau spoke in support of the ordinance banning the retail sales of puppies and kittens. Litzau
shared a story about a wire fox terrier in Pet City that came from a puppy mill in Nebraska and
discussed the poor conditions that exist for pets in pet stores.
Sarah Swanty, Animal Friends Alliance, spoke in support of the ordinance banning the retail sales of
puppies and kittens stating this is a way for Council to support the health and welfare of pets in this
community. Swanty stated more people need to consider adoption versus buying and noted several
homeless dogs are currently available.
Roland Halpern, Colorado Voters for Animals, spoke in support of the ordinance banning the retail
sales of puppies and kittens. Halpern encouraged adoption over purchasing and spoke to health
issues that result from mills.
Molly Obert, Until They’re Home, spoke in support of the ordinance banning the retail sales of puppies
and kittens. Obert stated that eight states have recently adopted similar legislation, and it is becoming
more common.
Ashley Waddel spoke in support of the ordinance banning the retail sales of puppies and kittens and
shared examples of businesses that have adapted to similar bans, including shifting to grooming
services, providing services to help shelters and rescues find forever homes for homeless pets, and
providing food and supplies.
Dani McCoy opposed the ordinance banning the retail sales of puppies and kittens without significant
changes to what has been written. McCoy stated this does nothing to take care of the bad actors in
this space and would result in retail stores having to shut down. McCoy concurred mills should be
regulated but opposed an overly broad ordinance.
Silen Wellington spoke in support of giving the Hughes Stadium property back to the indigenous
people stating this would give Fort Collins the chance to right a previous wrong while helping the entire
community.
G Inguabta spoke in support of giving the Hughes Stadium property back to the indigenous people
stating this would give Fort Collins the chance to right a previous wrong. Inguabta mentioned the
beautiful plans for the property.
Kimberly Conner spoke in support of a ceasefire resolution and shared some educational resources
related to this. Conner also spoke in support of giving the Hughes Stadium property back to the
indigenous people.
Nicole Wilson spoke in support of the ordinance banning the retail sales of puppies and kittens stating
there are a wide variety of people in the community who are concerned about this. Wilson stated the
adoption of the ordinance would hopefully set a precedent for other municipalities in this regard.
Tory Pappas shared concerns about current Poudre School District policies and funding inequities.
Pappas stated there should be a routine review of school boundaries that includes PSD, City staff,
families, and Safe Routes to School. Pappas expressed concern about the superintendent agreeing
to provide transportation for students to schools of choice stating this would hurt neighborhood
schools.
Christinia Eala spoke in support of giving the Hughes Stadium property back to the indigenous people.
Eala commented on the landscape and property improvements they want to do and stated the space
would provide a location for religious ceremonies.
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Edward Behan spoke in opposition to PRPA’s decision to move forward with an aeroderivative gas
turbine and stated there are other alternatives to help fill the gap during dark calm moments that should
be considered. Behan stated that he retired here in 2016 and was drawn here due to community
efforts to be carbon free.
Kristin Candella, Habitat for Humanity Director, stated she came straight from a ribbon cutting for a
new Habitat for Humanity home thanks to the generosity of neighbors helping neighbors. Candella
thanked Council for having a vision in this space and making changes to land use codes that support
affordable housing.
Ari Powers opposed the civic assembly process stating it could have the unintended consequence of
underrepresenting the voices of black, indigenous, or other people of color. Powers stated the process
has already been expensive and suggested the funds could be used in better ways. Powers
expressed support for Council giving the land back to the indigenous people.
Linda Vescio spoke about living in a community that is as sustainable as possible and expressed
concern about the new requirement for a second set of trashcans for duplexes which have previously
shared bins. Vescio opposed being charged to opt out of a service the neighborhood has never had
nor needed and questioned how the City expects the residents to keep the bins out of site when there
will now be twice as many. Additionally, Vescio questioned how penalizing the residents for producing
less trash supports Fort Collins’ sustainability goals. Vescio urged the City not to charge them for
unneeded trash cans.
Andre Dunn spoke in support of returning the Hughes Stadium property back to the indigenous people
and thanked all who have spoken before him related to this topic.
Richard Viktorin spoke about being brutally assaulted in a parking lot behind 120 West Laurel Street
four years ago and stated the Police have yet to investigate the assault. Additionally, Viktorin spoke
in support of the ordinance banning the retail sales of puppies and kittens.
Elizabeth Hudetz shared concerns about air quality monitoring and PRPA’s decision to move forward
with another gas-powered plant.
Public comment concluded at 7:11 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro asked about the date of the next PRPA meeting. Deputy City Manager
Marr replied there is a Board meeting a week from Thursday and public comment is allowed at every
meeting. Councilmember Pignataro encouraged those who spoke on PRPA to attend and speak at
that meeting.
Councilmember Pignataro congratulated the new Habitat for Humanity homeowner and encouraged
community members to get involved in the organization.
Councilmember Pignataro asked why the Revive neighborhood was unable to be exempted from the
single hauler trash contract. Deputy City Manager Marr replied the neighborhood falls under the new
waste contract because there are fewer than eight units per building; however, staff is monitoring the
situation and will make changes as needed.
Mayor Pro Tem Francis asked if the provision that allows people to share trash and be exempt from
the opt out fee would apply to this situation. Deputy City Manager Marr replied staff could get Council
and the residents additional information.
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Councilmember Pignataro requested additional information on the Poudre School District’s plan to
bus students to schools of choice and on the collaboration opportunities Council has with the District.
Mayor Pro Tem Francis asked about the status of a study between the City and PSD related to sharing
buses. Deputy City Manager Marr replied staff would provide follow up.
Councilmember Ohlson stated he hopes Council would consider a resolution urging PRPA to have an
objective third-party evaluation of the proposed new gas plant. Additionally, he echoed the questions
related to PSD bussing and the impact of school of choice on neighborhood schools.
Councilmember Gutowsky requested some follow up from staff regarding why the assault mentioned
by Richard Viktorin was not investigated. Deputy Police Chief Yeager stated the case was
investigated and presented to the District Attorney; however, the District Attorney’s Office did not
believe there was sufficient evidence to reach a successful prosecution and therefore, there is no
further action for the Police Department to take. Deputy Police Chief Yeager provided Viktorin with a
case number for record access.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
No items were pulled.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the July 2, 2024, and the July 16, 2024
Regular Meetings.
The purpose of this item is to approve the minutes of the July 2, 2024, and July 16, 2024 regular
meeting.
Approved.
2. Items Relating to Golf Enterprise Expenses.
A. Second Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
B. Second Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf
Fund for the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
These Ordinances, unanimously adopted on First Reading on July 16, 2024, appropriate the
amount of $730,930 from Golf Fund Reserves for necessary system replacement and an
appropriation of $350,000 from unanticipated excess revenue to the 2024 budget to address the
additional costs in Golf primarily related to higher revenues.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $70,000
to Park Planning and Development to conduct a community-scale bike park feasibility study as
directed by Council at the June 11 Work Session. The feasibility study will include an evaluation
of potential bike park locations, associated capital and on-going costs, identification of park
amenities and features, and a community engagement process. This item is in response to public
input from the 2021 Parks and Recreation Plan: Recreate, and recent significant community input.
Adopted on Second Reading.
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4. Second Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library as Designated
by the Donor.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $100,000
in philanthropic revenue received by City Give for The Community Center for Creativity as
designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates the amount
of $644,000 in unanticipated revenue in 2024 for expenses related to Artists and Musicians Fees
for LC Live shows at the Lincoln Center.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of
Funds from the Colorado Department of Public Health and Environment, Environmental
Justice Grant for the Cultivating Community-Led Resilient Homes Project and Approving a
Related Intergovernmental Agreement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, supports the City’s
commitment to advancing equity and environmental justice for all Fort Collins community members
by appropriating $168,874 of unanticipated grant revenue awarded by the Colorado Department
of Public Health and Environment (CDPHE) for the Cultivating Community-Led Resilient Homes
project.
Adopted on Second Reading.
7. First Reading of Ordinance No. 107, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $58,120 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
8. First Reading of Ordinance No. 108, 2024, Authorizing Transfer of Appropriations for the
Affordable Housing and Planning and Development Process Improvement Project.
The purpose of this item is to transfer matching funds in the amount of $55,000 from the Licensing,
Permitting, and Code Enforcement operating business unit to the non-lapsing grant business unit
for the Affordable Housing Development Review Process grant. On May 21, 2024, City Council
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adopted Ordinance No. 059, 2024, appropriating the $200,000 awarded to the City by the State
Department of Local Affairs (DOLA).
Adopted on First Reading.
9. First Reading of Ordinance No. 109, 2024, Making Supplemental Appropriations of New
Revenue in the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to
the Transfort Optimization Study.
The purpose of this item is to appropriate 2050 Transit Tax Reserves for additional consulting work
for the Transfort Optimization Study.
Adopted on First Reading.
10. First Reading of Ordinance No. 110, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue in the Transit Services Fund and New Revenue From the 2050
Tax Parks Rec Transit OCF Fund for Transfort Consulting Work Related to the West
Elizabeth Corridor.
The purpose of this item is to appropriate unanticipated grant funding and 2050 Transit Tax
Reserves for additional consulting work for West Elizabeth design work.
Adopted on First Reading.
11. First Reading of Ordinance No. 111, 2024, Appropriating Prior Year Reserves in the Parking
Services Fund for Parking Structure Maintenance, Parking Planning, and Safety.
The purpose of this item is to enable the City to appropriate Civic Center Parking Structure (CCPS)
reserve funds and Parking Services reserve funds. The funds will be used for the completion of
maintenance projects and for increased security costs. If approved, this item will: 1) appropriate
$1,200,000 in CCPS Reserve funds and 2) appropriate $395,000 from Parking Services reserves.
Adopted on First Reading.
12. First Reading of Ordinance No. 112, 2024, Making a Supplemental Appropriation from the
U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant in support of
the Edora Pool and Ice Center Lighting System Replacement Project.
The City received $206,680 in formula funds under the U.S. Department of Energy’s Energy
Efficiency and Conservation Block Grant (“EECBG”) program. The City was required to apply
under the EECBGs voucher program, specifically to demonstrate the beneficial use of funds in
replacing the fluorescent lighting system in both ice rinks at Edora Pool and Ice Center (“EPIC”)
with an energy efficient LED lighting system. Based on the City’s successful application, this item
is to support the project by appropriating $206,680 of unanticipated revenue from the DOE.
Adopted on First Reading.
13. First Reading of Ordinance No. 113, 2024, Making Supplemental Appropriations from Prior
Year Reserves and Developer Contributions and Authorizing Transfers of Appropriations
for the College Avenue-Trilby Road Intersection Improvements Project and Related Art in
Public Places.
The purpose of this item is to provide supplemental appropriations for the College Avenue-Trilby
Road Intersection Improvements Project (Project). The funds will be used for construction of
improvements at the intersection of South College Avenue and Trilby Road. If approved this item
will appropriate the following ultimate amounts as designated: 1) $11,781 from a payment -in-lieu
(PIL) to the City from a development contribution to construction; 2) $900,000 from Transportation
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Capital Expansion Fee (TCEF) reserves; 3) $600,000 from Community Capital Improvement
Program (CCIP) Arterial Intersection Improvements reserves; 4) $119 (1% of PIL) from a PIL to
the City from a development contribution to construction to the Art in Public Places (APP) program;
5) $8,820 (0.8% of TCEF Project contribution) from TCEF reserves to the APP program; and 6)
$180 (0.2% of TCEF Project contribution) for maintenance of art from the Transportation Services
fund reserves to the APP program.
Adopted on First Reading.
14. First Reading of Ordinance No. 114, 2024, Authorizing Transfer of Appropriations from the
South Timberline Mail Creek Trail Underpass Project to the South Timberline Corridor
Project.
The purpose of this item is to reappropriate funding from the South Timberline Mail Creek Trail
Underpass project (“Underpass”) to the South Timberline Corridor project (“Corridor”). No new
funding will be appropriated.
Adopted on First Reading.
15. First Reading of Ordinance No. 115, 2024, Making Supplemental Appropriations of Prior
Year Reserves from Developer Contributions and Authorizing Transfers for the Future Vine
and Timberline Overpass Project and Related Art in Public Places.
The purpose of this item is to enable the City to appropriate development payment-in-lieu (PIL)
funds for the Vine and Timberline Overpass Project (Project). The funds will be used for design
services and grant application support services. If approved, this item will: 1) appropriate $273,361
received in 2016 as a development contribution to construction by an adjacent development; and
2) appropriate $3,318 (1% of PIL) from a PIL to the City from a development contribution to
construction to the Art in Public Places (APP) program.
Adopted on First Reading.
16. First Reading of Ordinance No. 116, 2024, Making Supplemental Appropriations of Revenue
from Developer Contributions and Authorizing Transfers for the Cordova Road Right -of-
Way Acquisition.
The purpose of this item is to appropriate developer contribution funds for the City to acquire right-
of-way for Cordova Road as provided in the development agreement for The Landing at Lemay. If
approved, this item will appropriate $500,000 received in July as a development contribution for
Cordova Road Right-of-Way Acquisition.
Adopted on First Reading.
17. First Reading of Ordinance No. 117, 2024, Amending Chapters 12 and 19 of the Code of the
City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring
Program.
The purpose of this item is to amend City Code Chapters 12 and 19 relating to the Building Energy
and Water Scoring (BEWS) program. This amendment would modify service requirements for
municipal court citations issued under City Code Section 12-207. This item does not add any new
requirements for building owners.
Adopted on First Reading.
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18. Items Relating to the Laporte Avenue Multimodal Improvement Project.
A. Resolution 2024-097 Authorizing the Execution of an Amendment to An Existing
Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado
Department of Transportation for the Laporte Avenue Multimodal Improvement Project.
B. First Reading of Ordinance No. 118, 2024, Making Supplemental Appropriations from Grant
Revenue and Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte
Avenue Multimodal Improvement Project and Related Art in Public Places.
The purpose of this item is to reappropriate funding from the Laporte Bridges project (“Bridges”)
to the Laporte Avenue Multimodal Improvements Project (the “Project”), receive and appropriate
Colorado Department of Transportation (“CDOT”) funds, and provide supplemental appropriations
to the Project. The CDOT funds will be used for the construction of a Rectangular Rapid Flashing
Beacon (“RRFB”) signal at Laporte Avenue and Impala Drive. If approved this item will: 1)
authorize the Mayor to execute an amendment to the Intergovernmental Agreement (the “IGA”)
for the Project with CDOT; 2) appropriate $49,500 of Highway Safety Improvement Program
(“HSIP”) grant funds to the Project; 3) appropriate $330,500 from Transportation Capital Expansion
Fee (“TCEF”) reserves to the Project; 4) appropriate $175,000 from Transportation Services Fund
reserves to the Project; 5) reappropriate $517,000 from Bridges to the Project; 6) appropriate
$4,044 (0.8% of TCEF and Transportation Services Project contribution) from TCEF reserves to
the Art in Public Places (“APP”) program; 5) appropriate $1,011 (0.2% of TCEF and Transportation
Services Project contribution) for maintenance of art from the Transportation Services Fund
Reserves to the APP program.
Adopted Resolution and Ordinance on First Reading.
19. First Reading of Ordinance No. 119, 2024, Making Supplemental Appropriations from
Colorado Department of Transportation Revenue for the Intersection Improvements on US-
287 (College Avenue) Project.
The purpose of this item is to appropriate Colorado Department of Transportation (CDOT) revenue
dedicated to infrastructure improvements complying with the Americans with Disabilities Act
(ADA).
Adopted on First Reading.
20. Items Relating to the Rocky Ridge Conservation Project.
A. Resolution 2024-098 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of a 484-acre Property in the Wellington Community
Separator.
B. First Reading of Ordinance No. 120, 2024, Authorizing the Conveyance to Larimer County of a
Conservation Easement and a Right of First Refusal on the Rocky Ridge Property.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer
County for the Rocky Ridge Conservation Project. The Project will conserve 484-acres in fee within
in the Wellington Community Separator. The Ordinance will authorize the conveyance of a
conservation easement and right of first refusal on the property.
Adopted Resolution and Ordinance on First Reading.
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21. Items Relating to the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
A. Resolution No. 2024-099 Authorizing the City Manager to Enter into a Grant Agreement with
the State of Colorado Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action
Plan.
B. First Reading of Ordinance No. 121, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue, Prior Year Reserves, and Authorizing Transfers for the Poudre
Water Supply Infrastructure Wildfire Ready Action Plan.
The purpose of this item is to support Fort Collins Utilities (Utilities) in developing a Wildfire Ready
Action Plan (WRAP) in collaboration with the City of Greeley (Greeley) and the Water Supply and
Storage Company (WSSC). The WRAP will help Utilities and its partners mitigate the vulnerability
of water supplies and water supply infrastructure in the upper Poudre and Michigan River
watersheds to the threat of wildfire. Accordingly, pursuant to Resolution No. 2024-066, the City,
Greeley, and WSSC entered into an agreement, dated May 21, 2024, to coordinate their joint
efforts related to funding and developing the WRAP. In addition, the City has recently been
awarded grant funding from the Colorado Water Conservation Board (CWCB) through the Wildfire
Ready Watershed Grant Program to assist in the development of a WRAP. Once adopted, this
resolution will authorize Utilities to enter into the Intergovernmental Grant Agreement (IGGA) with
the State of Colorado to receive funding to support the development of the WRAP. The Ordinance
will: 1) appropriate the grant revenue from the State of Colorado; 2) appropriate monetary
contributions from Greeley and WSSC; and 3) appropriate and authorize transfers of Utilities grant
match commitments.
Adopted Resolution and Ordinance on First Reading.
22. First Reading of Ordinance No. 122, 2024, Designating the Chavez/Ambriz/Gonzales
Property, 724 Martinez Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Fort Collins City Code Chapter 14.
The purpose of this item is to request City landmark designation for the Chavez/Ambriz/Gonzales
Property at 724 Martinez Street. In cooperation with the property owners, City staff and the Historic
Preservation Commission (Commission) have determined the property to be eligible for
designation. The property is significant under City Code 14-22(a) Standard 1, Events/Trends, for
association with the early sugar beet industry in Fort Collins, its social history, and its Hispanic
history, as well as under Standard 3, Design/Construction, as a rare example of adobe
construction in Fort Collins and including a Community Development Block Grant (CDBG)-funded
addition. The owners are requesting designation, which will provide protection of the property's
exterior and access to financial incentives for owners to use for historic properties.
Adopted on First Reading.
23. Resolution 2024-096 Approving Participation in the Settlement with An Additional Opioid
Defendant, Kroger, and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado
Opioids Settlement with Kroger by granting approval to sign an additional participation agreement
and waiver of claims for opioid-related damages. This is in follow-up to prior approvals of
settlements with multiple other opioid defendants, negotiated through national settlement efforts
coordinated through the State of Colorado.
Adopted.
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24. Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Library District, the City of Fort Collins, and
Larimer County.
The purpose of this item is to amend the Intergovernmental Agreement (IGA) between the Poudre
River Public Library District, the City and Larimer County to change the selection process when
there are vacancies on the District board. This amendment would allow the District Trustees to
interview applicants and recommend appointments for ratification by Council and the County
Board of Commissioners.
Adopted.
25. Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
A. Resolution 2024-101 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit
Services.
B. Resolution 2024-102 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit
Services.
C. Resolution 2024-103 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D. Resolution 2024-104 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit
Services.
E. Resolution 2024-105 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit
Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGAs”) with the City of Loveland, the Town of Berthoud, the City of Boulder, the
County of Boulder, and the City of Longmont (collectively, the “FLEX Partners”) by which the FLEX
Partners will contribute funds toward the operating cost of the FLEX Route Regional Transit
Service bus route to further the goals of regional connectivity through transit.
Adopted.
26. Resolution 2024-106 Approving Fort Fund Special Events Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant – July Deadline category, based upon the recommendations of the
Cultural Resources Board.
Adopted.
END OF CONSENT CALENDAR
Councilmember Pignataro moved, seconded by Councilmember Gutowsky, to approve the
recommended actions on items 1-26, on the Consent Calendar.
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Councilmember Pignataro noted Item Nos. 19, First Reading of Ordinance No. 119, 2024, Making
Supplemental Appropriations from Colorado Department of Transportation Revenue for the
Intersection Improvements on US-287 (College Avenue) Project, 21, Items Relating to the Poudre
Water Supply, Infrastructure Wildfire Ready Action Plan, and 23, Resolution 2024-096 Approving
Participation in the Settlement with An Additional Opioid Defendant, Kroger, and a Related Waiver of
Claims, are good news items.
The motion carried, 5-0.
Ayes: Mayor Pro Tem Francis, Councilmembers Gutowsky, Ohlson, Pignataro, and Canonico.
Absent: Mayor Arndt and Councilmember Potyondy.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Ohlson commented on Item No. 8, First Reading of Ordinance No. 108, 2024,
Authorizing Transfer of Appropriations for the Affordable Housing and Planning and Development
Process Improvement Project stating he supports the project but wanted to ensure the dollars being
taken from the Licensing, Permitting, and Code Enforcement Operating Business Unit to fund it would
not impact code enforcement in neighborhoods. Deputy City Manager Marr replied staff would follow
up in writing.
Councilmember Ohlson asked about the anticipated timeframe for the Vine and Timberline overpass
project, per Item No. 15, First Reading of Ordinance No. 115, 2024, Making Supplemental
Appropriations of Prior Year Reserves from Developer Contributions and Authorizing Transfers for the
Future Vine and Timberline Overpass Project and Related Art in Public Places. He noted the Vine
and Lemay overpass took decades to come to fruition. Deputy City Manager Marr replied that it will
depend on development and grant opportunities and noted the same issue arose with the Vine and
Lemay overpass. He stated it will likely be a decade before funding is complete. Councilmember
Ohlson requested staff provide a more formal timeline when possible.
Councilmember Ohlson commented on Item No. 16, First Reading of Ordinance No. 116, 2024,
Making Supplemental Appropriations of Revenue from Developer Contributions and Authorizing
Transfers for the Cordova Road Right-of-Way Acquisition, stating the developer was not able to
acquire the needed right-of-way and will now owe the City $500,000 to take over that process. He
asked how often this type of thing occurs. Deputy City Manager Marr replied staff would follow up in
writing.
Councilmember Ohlson asked if there will continue to be an application process like the current one
per Item 24, Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Library District, the City of Fort Collins, and Larimer
County. Deputy City Manager Marr confirmed that it is staff’s understanding that a similar application
process will continue and will follow up with additional details in writing.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Canonico thanked the neighborhoods involved in Neighborhood Night Out and
thanked staff members in Fort Collins and Boulder for their work to host Councilmembers for a field
trip to Boulder.
Councilmember Gutowsky reported on the City’s employee picnic and commended those involved.
She noted the Fort Collins Welcome Center has a new location on Mountain Avenue in a portion of
the old Coopersmith’s building which will also be housing a new restaurant. Additionally, she stated
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a new Poudre Fire Authority station will be opening in Laporte, and it will include a large community
center. She reported on attending the ComiCon event at the Senior Center and congratulated Nick
Armstrong for organizing the event on an annual basis.
Clerk’s Note: Mayor Pro Tem Francis called for a break at 7:31 p.m., noting the meeting would
resume at 7:40 p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
27. Second Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Ohlson, Gutowsky; Absent:
Pignataro) appropriates one-time dollars in the amount of $150,000 to be used for a Civic
Assembly engagement process in relation to the Hughes Site Plan work. Staff is also requesting
that City Council approve a sole source exception for Healthy Democracy Fund to provide services
related to the design, coordination and implementation of a civic assembly should grant revenue
bring the project above $200,000.
PUBLIC COMMENT
Madeline Grigg urged Council to focus its efforts related to the Hughes property on the
preservation of indigenous cultures and education based on the desires and visions of the
indigenous communities. Grigg stated trust was broken in the past and harm needs to be repaired.
Laura (no last name provided) urged Council to support the land back initiative and referred to a
report that had been done by the People of Sacred Lands Truth, Restoration, and Education
Commission of Colorado.
COUNCIL DISCUSSION
Councilmember Ohlson stated he did not support this item on First Reading and feels the same
now.
Councilmember Gutowsky also stated that she did not support this item on First Reading and that
her opinion had not changed. She stated the voice of the voters was clear in the desire for an
open space and suggested Council could place the question on the ballot as to whether it should
designate the property as a natural space to be maintained as such in perpetuity. She opposed
spending funds on a random sampling of community members in a civic assembly process.
Councilmember Pignataro noted tax dollars of all community members was used to purchase the
property whether those members voted in support of the previous ballot measure or not. She
stated the civic assembly process is a good opportunity to try something new and see what comes
out of a purposeful process that cannot be skewed by organizations that may be more organized
than others. She also noted Council is not bound by the results of the civic assembly process.
Councilmember Canonico noted only about 35% of eligible voters voted in the election in which
the Hughes item was included. She asked how the demographics will be represented in the civic
assembly process. Assistant City Manager Venkatesh replied there will be a stratified lottery used
to select the civic assembly members and it will be representative of the community. She stated
part of the reason this process is being considered is because there will be a lot of opportunity for
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the consultant to work with the Native community, so they are prepared to share their ideas with
the assembly.
Mayor Pro Tem Francis expressed support for the item and noted the ballot language outlined
several ideas for the land. She stated the civic assembly process will provide opportunities for
agreement on how the land should be used.
Councilmember Pignataro moved, seconded by Councilmember Canonico, to adopt on
Second Reading, Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
The motion carried, 3-2.
Ayes: Mayor Pro Tem Francis and Councilmembers Pignataro and Canonico
Nays: Councilmembers Gutowsky and Ohlson
Absent: Mayor Arndt and Councilmember Potyondy
28. First Reading of Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City of
Fort Collins to Ban the Retail Sale of Dogs and Cats.
The purpose of this item is to ban the retail sale of dogs and cats from stores within Fort Collins
city limits.
STAFF PRESENTATION
Sylvia Tatman-Burruss, Senior Policy and Project Manager, stated the purpose of this ordinance
is to ban the retail sales of dogs and cats within Fort Collins city limits. Tatman-Burruss noted
Council may modify the ordinance to exempt existing retail stores or to include banning sales from
parking lots, roadside areas, outdoor markets, and other events. Additionally, Tatman-Burruss
noted NOCO Humane, with whom the City contracts, has stated they can enforce the ordinance
within its existing contract.
PUBLIC COMMENT
Grant Wilcox spoke in support of the ordinance banning the retail sale of dogs and cats and
commented on some inconsistencies shown on Pet City’s website and a lack of transparency by
the store.
David Rainey Corbyn stated he is a veterinarian and formed a relationship with Pet City in 1989
which continued until he retired in 2015, during which time he helped ensure the health of its
animals. Rainey Corbyn commented on a policy allowing Pet City staff to go to a breeder
unannounced, any time, to check on the health of animals, and stated they would only do business
with breeders who allowed this. Rainey Corbyn opposed the ordinance banning the retail sale of
dogs and cats.
Erin Murray opposed the ordinance banning the retail sale of dogs and cats stating she has been
a manager at Pet City for several years. Murray stated this ordinance jeopardizes her employment
and that of others and serves as a stark reminder that any business can find itself under threat
with little to no warning. Additionally, Murray commented on the importance of personal choice for
people who are looking for a pet.
COUNCIL DISCUSSION
Councilmember Pignataro noted one of the speakers mentioned parking lot and out of car sales
and asked about the possibility of amending the ordinance to include those items. City Attorney
Daggett replied staff is prepared to provide the language that would be needed if Council would
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like to add it at First Reading. Alternatively, it could be published with the Second Reading
language, or the item could be postponed for consideration.
Councilmember Pignataro stated she would support options one or two.
Councilmember Gutowsky expressed support for the ordinance as written on First Reading with
the inclusion of the additional language on Second Reading.
Councilmember Ohlson expressed support for either option one or two.
Mayor Pro Tem Francis asked if the new language could be read so Council could better
understand what it was considering.
City Attorney Daggett outlined the suggested changes to the ordinance as published which would
include adding a new section that would prohibit the sale of dogs and cats in public places.
Councilmember Gutowsky stated she would be open to adding the new language on First Reading.
Councilmember Pignataro asked about enforcement related to the new piece of language. Deputy
City Manager Marr replied NOCO Humane will be handling enforcement under its existing contract.
Councilmember Gutowsky asked if there would be any additional law enforcement. Deputy City
Manager Marr replied the City tends to rely on its NOCO Humane partners for enforcement of
these Code provisions. City Attorney Daggett replied there are other law enforcement officers of
the City who would be legally able to enforce the provisions.
Councilmember Pignataro moved, seconded by Councilmember Gutowsky, to adopt on
First Reading, Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City of Fort
Collins to Ban the Retail Sale of Dogs and Cats, with the addition of the language as read
by the City Attorney.
Councilmember Pignataro thanked those who have been involved in this issue for over a year now
and expressed support for the fact that the language would also ban the sales of animals in parking
lots and similar situations.
Councilmember Gutowsky noted this ordinance will not go into effect until May of 2025 which
would allow time for Pet City to adopt a different business model to adapt.
City Attorney Daggett clarified that the delayed implementation only applies to retail stores and all
other provisions would go into effect on the effective date of the ordinance, or ten days after second
reading.
Councilmember Ohlson thanked everyone for work on this item and commented on a newspaper
article outlining concerns about the quality of life for animals at puppy mills. He stated it is
important to provide a voice to creatures that do not have one and now is the time to move forward
with this item.
Mayor Pro Tem Francis noted she was initially skeptical of what this would do because it seems
very focused on one business; however, with the additional language, she feels more comfortable
adopting the ordinance.
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The motion carried, 5-0.
Ayes: Mayor Pro Tem Francis and Councilmembers Pignataro, Canonico, Gutowsky, and
Ohlson
Nays: None.
Absent: Mayor Arndt and Councilmember Potyondy
29. Resolution 2024-107 Making an Appointment to the Affordable Housing Board.
The purpose of this item is to fill an existing vacancy on the Affordable Housing Board.
Pursuant to Council policy, the recommended appointee has completed or will complete 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.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro requested clarification as to why this item is not on the Consent
Calendar. Deputy City Manager Marr replied the interviews for this vacancy were conducted after
the Council packet was published, therefore, the Resolution was published with a blank and
needed to be considered on the discussion agenda.
Councilmember Pignataro moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-107 Making an Appointment to the Affordable Housing Board, inserting
the name of Jorja Whyte.
Councilmember Canonico thanked those who applied to fill the vacancy and stated there were
many qualified applicants. She stated the chosen candidate is a student at CSU and she is excited
to see that population involved in City government.
Mayor Pro Tem Francis thanked the applicants as well as all Board members who serve the City.
The motion carried, 5-0.
Ayes: Mayor Pro Tem Francis and Councilmembers Gutowsky, Ohlson, Pignataro and
Canonico
Nays: None.
Absent: Mayor Arndt and Councilmember Potyondy
P) RESUMED PUBLIC COMMENT
None.
Q) OTHER BUSINESS
None.
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R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:21 p.m.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
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September 3, 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 September 7, 2024 as Lieutenant Colonel John Mosley Day.
PP 2. Declaring September 2024 as Hunger Action Month.
Mayor Pro Tem Emily Francis presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis 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 Pro Tem Emily Francis led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt – Remote
Mayor Pro Tem Emily Francis
Councilmember Melanie Potyondy
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
ABSENT
None
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No planned discussion items.
An executive session is planned under Other Business.
Work Session follows on Advancing Transit Initiatives after the regular meeting is adjourned.
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.)
Everyone was given two minutes to make comments.
Rachel Mirsky discussed the re-pavement of streets and damage to her vehicle caused by wet paint.
Mirsky shared frustration about the risk management process and claim denial.
Dani McCoy opposed the ordinance banning the retail sale of puppies and kittens and expressed
support for Pet City. McCoy stated this ordinance would put this company out of business and urged
Council to amend the ordinance to grandfather in Pet City as long as it remains licensed.
Rebecca Mosshart opposed the ordinance banning the retail sale of puppies and kittens and stated
she is a breeder who has worked with Pet City for more than a decade. Mosshart noted Pet City is
licensed and inspected by the State and stated it should be allowed to continue its business. Mosshart
urged Council to reconsider the ordinance and not force people to unreputable sources.
Shawn Alexander opposed the ordinance banning the retail sale of puppies and kittens stating
consumer rights are important, and this would take those away. Alexander stated this will eliminate
jobs and stated the City could be sued.
William Alexander opposed the ordinance banning the retail sale of puppies and kittens and expressed
fond memories of going to pet stores. Alexander stated jobs will be lost.
Adam Hirschhorn showed two videos related to Hewlett-Packard, advancing technology and
Israel/Palestine issues.
Leonard Keetley opposed the ordinance banning the retail sale of puppies and kittens stating it
constitutes the taking of a legal business. Additionally, Keetley stated this could drive sales
underground where things are not regulated. Keetley also spoke about the importance of consumers
having choice and asked Council to amend the ordinance to enable Pet City to continue retail sales.
Betty Keetley opposed the ordinance banning the retail sale of puppies and kittens stating consumers
should have a choice about where they can purchase pets. Keetley noted that Pet City is a licensed
business and should be able to continue and expressed concern about scams related to pet sales.
Keetley expressed concern that misinformation was being spread by shelters and others and urged
Council to consider an amendment to the ordinance.
Cherrie Trine spoke about the importance of putting pressure on the government regarding Palestine
and stated there will be a protest this Friday at 4:00 p.m. at Woodward. Trine highlighted the group
holding the protest, Veterans for Peace, which is protesting weapons being provided to Israel by
Woodward.
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Dustin Haworth, Colorado Springs Pet City owner, opposed the ordinance banning the retail sale of
puppies and kittens and requested Council to pull the item from the consent calendar to create an
exemption for Pet City in Fort Collins. Haworth stated that this would ensure transparency and help
prevent this activity from going underground.
Karen Kinnes opposed the ordinance banning the retail sale of puppies and kittens and urged Council
to add a clause that would grandfather retail sales for Pet City. Kinnes stated Pet City gets 90% of its
income from puppy sales and added that the City would lose sales tax revenue from this law.
Suzan Gregg discussed owning a business and spoke in favor of Pet City. Gregg stated Council
should not have the right to order the store to close if it does not have irrefutable evidence to prove
that Pet City is operating in illegal ways.
Kim Roberts stated she has two beautiful dogs she purchased from Pet City and commented on her
great experience with Pet City staff. Roberts compared that to the information received from a rescue
shelter and stated that dog bit her husband, growled at her children, and was not potty trained as
promised.
Kimberly Connor showed a Human Rights Watch clip related to the Israel/Palestine conflict describing
a recent International Court of Justice ruling showing that Israel was guilty of occupying Palestinian
territory and guilty of apartheid. Connor urged Council to do something at a local level to help stop
this and showed another video on occupation and related activities that were occurring.
Jens Larsen spoke in support of Pet City stating pet stores, such as the one he owns, deal only with
breeders that are licensed by the State. Additionally, Larsen noted the stores themselves are
regulated and stated people should have a choice as to where they purchase pets.
Kevin Flowers asked about the recent shooting at the Whitewater Park parking lot, graffiti in the area
and numerous nails that littered the area. Flowers also asked about camping that is occurring there
and stated people do not want to use the park due to safety issues. Flowers suggested additional
police presence, a 24-hour video camera, two-hour parking along Vine, and day use only signage for
the parking lot.
William Whitley expressed concern about the recent requirement that trash, recycling, and yard waste
bins be moved to curbside versus alleys and stated that mandate interferes with the concept of aging
in place. Whitley requested variances for properties that are better designed for alley pickup.
Rebecca Everette discussed the new bike lanes and related work done on Laporte Avenue and
expressed appreciation for the work that was done and for all involved. Everette thanked Council for
making decisions that prioritize the safety of the many over the convenience of a few and for thinking
about the future residents of the community.
Colin Gerety discussed previous periodic involvement with the City’s Transportation Board, West
Central Area Plan, and Stadium Community Impact Committee. Gerety discussed his interest in urban
planning and commented on the City’s What Wheels Go Where survey and new speed cameras in
certain parts of the city. Gerety stated the City has failed at reducing car usage because of design
decisions.
Bree Maestas requested Council reconsider the ordinance banning the sale of puppies and kittens in
order to grandfather in Pet City. Maestas stated pet store bans do not work and cited data that the
number of puppy mills has not decreased at all over the past ten years. Maestas stated the
transparency provided by licensed pet stores is the best way to know where pets come from and
stated this ordinance strips consumers’ rights.
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Ann Diaz requested Council reconsider the ordinance banning the sale of puppies and kittens and
discussed her poor experience with rescue dogs. Diaz discussed her positive experience with Pet
City and stated their goal was to ensure pets ended up with the right family rather than in a shelter.
Sabrina Herrick shared frustration about Councilmembers endorsing Gordon McLaughlin as District
Attorney. Herrick shared information about a specific case related to a student aid for disabled
children who ended up with 164 charges, noting her child was a victim. Herrick stated only 11 of the
164 counts were charged demonstrating that Mr. McLaughlin does not care about violent crime or the
disabled in the community.
Mary Oberlin shared frustration about the recently mandated single-hauler trash service and
expressed frustration that residents now have to change to curbside pickup versus alley pickup.
Ross Carpenter opposed the ordinance banning the retail sale of puppies and kittens. Carpenter
stated the main impact of the ordinance would be to shut down a business that has been here since
1973 resulting in the loss of sales tax revenue and the loss of jobs in the community. Carpenter urged
Council to reconsider the ordinance and commented on concerns about a politicized Council.
Alyssa Miller-Hurley spoke on behalf of the Pet Advocacy Network which is opposed to the ordinance
banning the sale of puppies and kittens. Miller-Hurley stated responsible pet stores and breeders are
highly regulated and stated shelters are often overcrowded because they bring in animals from other
states, often without proper documentation and history information. Miller-Hurley also requested
Council grandfather Pet City for retail sales.
Gregg Kinnes asked Council to pause and think about the ordinance banning the retail sales of
puppies and kittens in Fort Collins. Kinnes stated it was based on input from people who want Council
to believe breeders abuse and mistreat dogs, which has no connection to Pet City.
Brett Pavel stated that he got the first puppy sold at Pet City and added that he has since obtained
other dogs from the store, which he stated treats animals and people well. Pavel urged Council to
respect those doing a good job with their business and allow them to stay.
Public comment closed at 7:05 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson asked about Kevin Flowers’ concerns at the Whitewater Park and requested
detailed answers as to what is being done to address the issues in the area. City Manager DiMartino
replied she made note of the suggestions and will follow-up.
Councilmember Ohlson requested Colin Gerety provide his thoughts and ideas to Council in writing.
Councilmember Canonico requested a staff response to Rachel Mirsky’s concerns about the paint on
her vehicle. Clair Goodwin, Safety and Risk Management Senior Manager, provided some
background information on the complaint and stated the claim was investigated, but these types of
claims are usually denied as they fall under the Colorado Governmental Immunity Act.
Councilmember Ohlson requested staff follow-up with the third-party representative who spoke to
Mirsky to ensure proper language is being used.
Councilmember Gutowsky mentioned Rebecca Everette’s comments on the Laporte Avenue
improvements which has made the street so much safer. She commented on an accident in the area
that resulted in a young man being paralyzed when there were no sidewalks.
Councilmember Potyondy thanked the speakers and requested staff comment on the consolidated
hauling contract and how complaints are being managed, particularly as related to the alley versus
curb issue. City Manager DiMartino replied the hauler has converted to new natural gas trucks, which
are larger, and there is a need to evaluate the viability of using alleys for both safety and efficiency.
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She noted staff members are engaging to provide responses to all situations and stated there will be
an accommodation process for any individuals who cannot physically locate bins where they need to
be.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
No items were pulled.
J) CONSENT CALENDAR
1. Second Reading of Ordinance No. 107, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates
$58,120 in philanthropic revenue received through City Give. These miscellaneous gifts to various
City departments support a variety of programs and services and are aligned with both the City’s
strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
2. Second Reading of Ordinance No. 108, 2024, Authorizing Transfer of Appropriations for
the Affordable Housing and Planning and Development Process Improvement Project.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, transfers matching
funds in the amount of $55,000 from the Licensing, Permitting, and Code Enforcement operating
business unit to the non-lapsing grant business unit for the Affordable Housing Development
Review Process grant. On May 21, 2024, City Council adopted Ordinance No. 059, 2024,
appropriating the $200,000 awarded to the City by the State Department of Local Affairs (DOLA).
Adopted on Second Reading.
3. Second Reading of Ordinance No. 109, 2024, Making Supplemental Appropriations of New
Revenue in the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to
the Transfort Optimization Study.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates 2050
Transit Tax Reserves for additional consulting work for the Transfort Optimization Study.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 110, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue in the Transit Services Fund and New Revenue From the
2050 Tax Parks Rec Transit OCF Fund for Transfort Consulting Work Related to the West
Elizabeth Corridor.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates
unanticipated grant funding and 2050 Transit Tax Reserves f or additional consulting work for
West Elizabeth design work.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 111, 2024, Appropriating Prior Year Reserves in the
Parking Services Fund for Parking Structure Maintenance, Parking Planning, and Safety.
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This Ordinance, unanimously adopted on First Reading on August 20, 2024, enables the City to
appropriate Civic Center Parking Structure (CCPS) reserve funds and Parking Services reserve
funds. The funds will be used for the completion of maintenance projects and for increased
security costs. If approved, this item will: 1) appropriate $1,200,000 in CCPS Reserve funds and
2) appropriate $395,000 from Parking Services reserves.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 112, 2024, Making a Supplemental Appropriation from
the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant in
support of the Edora Pool and Ice Center Lighting System Replacement Project.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, supports the Edora
Pool and Ice Center Lighting System Replacement Project by appropriating $206,680 of
unanticipated revenue from the DOE. The City received formula funds under the U.S. Department
of Energy’s Energy Efficiency and Conservation Block Grant (“EECBG”) program. The City was
required to apply under the EECBG’s voucher program, specifically to demonstrate the beneficial
use of funds in replacing the fluorescent lighting system in both ice rinks at Edora Pool and Ice
Center (“EPIC”) with an energy efficient LED lighting system.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 113, 2024, Making Supplemental Appropriations from
Prior Year Reserves and Developer Contributions and Authorizing Transfers of
Appropriations for the College Avenue-Trilby Road Intersection Improvements Project and
Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, provides
supplemental appropriations for the College Avenue-Trilby Road Intersection Improvements
Project (Project). The funds will be used for construction of improvements at the intersection of
South College Avenue and Trilby Road. If approved this item will appropriate the following ultimate
amounts as designated: 1) $11,781 from a payment-in-lieu (PIL) to the City from a development
contribution to construction; 2) $900,000 from Transportation Capital Expansion Fee (TCEF)
reserves; 3) $600,000 from Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements reserves; 4) $119 (1% of PIL) from a PIL to the City from a development
contribution to construction to the Art in Public Places (APP) program; 5) $8,820 (0.8% of TCEF
Project contribution) from TCEF reserves to the APP program; and 6) $180 (0.2% of TCEF Project
contribution) for maintenance of art from the Transportation Services fund reserves to the APP
program.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 114, 2024, Authorizing Transfer of Appropriations from
the South Timberline Mail Creek Trail Underpass Project to the South Timberline Corridor
Project.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, reappropriates
funding from the South Timberline Mail Creek Trail Underpass project (“Underpass”) to the South
Timberline Corridor project (“Corridor”). No new funding will be appropriated.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 115, 2024, Making Supplemental Appropriations of Prior
Year Reserves from Developer Contributions and Authorizing Transfers for the Future Vine
and Timberline Overpass Project and Related Art in Public Places.
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This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates
development payment-in-lieu (PIL) funds for the Vine and Timberline Overpass Project (Project).
The funds will be used for design services and grant application support services. If approved,
this item will: 1) appropriate $273,361 received in 2016 as a development contribution to
construction by an adjacent development; and 2) appropriate $3,318 (1% of PIL) from a PIL to
the City from a development contribution to construction to the Art in Public Places (APP)
program.
Adopted on Second Reading.
10. Second Reading of Ordinance No. 116, 2024, Making Supplemental Appropriations of
Revenue from Developer Contributions and Authorizing Transfers for the Cordova Road
Right-of-Way Acquisition.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates
developer contribution funds for the City to acquire right-of-way for Cordova Road as provided in
the development agreement for The Landing at Lemay. If approved, this item will appropriate
$500,000 received in July as a development contribution for Cordova Road Right -of-Way
Acquisition.
Adopted on Second Reading.
11. Second Reading of Ordinance No. 117, 2024, Amending Chapters 12 and 19 of the Code of
the City of Fort Collins Regarding the Requirements for the Building Energy and Water
Scoring Program.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, amends City Code
Chapters 12 and 19 relating to the Building Energy and Water Scoring (BEWS) program. This
amendment would modify service requirements for municipal court citations issued under City
Code Section 12-207. This item does not add any new requirements for building owners.
Adopted on Second Reading.
12. Second Reading of Ordinance No. 118, 2024, Making Supplemental Appropriations from
Grant Revenue and 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 August 20, 2024, reappropriates
funding from the Laporte Bridges project (“Bridges”) to the Laporte Avenue Multimodal
Improvements Project (the “Project”), receive and appropriate Colorado Department of
Transportation (“CDOT”) funds, and provide supplemental appropriations to the Project. The
CDOT funds will be used for the construction of a Rectangular Rapid Flashing Beacon (“RRFB”)
signal at Laporte Avenue and Impala Drive. If approved this item will: 1) authorize the Mayor to
execute an amendment to the Intergovernmental Agreement (the “IGA”) for the Project with
CDOT; 2) appropriate $49,500 of Highway Safety Improvement Program (“HSIP”) grant funds to
the Project; 3) appropriate $330,500 from Transportation Capital Expansion Fee (“TCEF”)
reserves to the Project; 4) appropriate $175,000 from Transportation Services Fund reserves to
the Project; 5) reappropriate $517,000 from Bridges to the Project; 6) appropriate $4,044 (0.8%
of TCEF and Transportation Services Project contribution) from TCEF reserves to the Art in Public
Places (“APP”) program; 5) appropriate $1,011 (0.2% of TCEF and Transportation Services
Project contribution) for maintenance of art from the Transportation Services Fund Reserves to
the APP program.
Adopted on Second Reading.
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Item 1.
City of Fort Collins Page 510 City Council Proceedings
13. Second Reading of Ordinance No. 119, 2024, Making Supplemental Appropriations from
Colorado Department of Transportation Revenue for the Intersection Improvements on US-
287 (College Avenue) Project.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, appropriates
Colorado Department of Transportation (CDOT) revenue dedicated to infrastructure
improvements complying with the Americans with Disabilities Act (ADA).
Adopted on Second Reading.
14. Second Reading of Ordinance No. 120, 2024, Authorizing the Conveyance to Larimer
County of a Conservation Easement and a Right of First Refusal on the Rocky Ridge
Property.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County for the Rocky Ridge Conservation
Project. The Project will conserve 484 acres in fee within the Wellington Community Separator.
The Ordinance will authorize the conveyance of a conservation easement and right of first refusal
on the property.
Adopted on Second Reading.
15. Second Reading of Ordinance No. 121, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue, Prior Year Reserves, and Authorizing Transfers for the
Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, supports Fort Collins
Utilities (Utilities) in developing a Wildfire Ready Action Plan (WRAP) in collaboration with the City
of Greeley (Greeley) and the Water Supply and Storage Company (WSSC). The WRAP will help
Utilities and its partners mitigate the vulnerability of water supplies and water supply infrastructure
in the upper Poudre and Michigan River watersheds to the threat of wildfire. Accordingly, pursuant
to Resolution No. 2024-066, the City, Greeley, and WSSC entered into an agreement, dated May
21, 2024, to coordinate their joint efforts related to funding and developing the WRAP. In addition,
the City has recently been awarded grant funding from the Colorado Water Conservation Board
(CWCB) through the Wildfire Ready Watershed Grant Program to assist in the development of a
WRAP. Once adopted, this resolution will authorize Utilities to enter into the Intergovernmental
Grant Agreement (IGGA) with the State of Colorado to receive funding to support the development
of the WRAP. The Ordinance will: 1) appropriate the grant revenue from the State of Colorado;
2) appropriate monetary contributions from Greeley and WSSC; and 3) appropriate and authorize
transfers of Utilities grant match commitments.
Adopted on Second Reading.
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Item 1.
City of Fort Collins Page 511 City Council Proceedings
16. Second Reading of Ordinance No. 122, 2024, Designating the Chavez/Ambriz/Gonzales
Property, 724 Martinez Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Fort Collins City Code Chapter 14.
This Ordinance, unanimously adopted on First Reading on August 20, 2204, requests City
landmark designation for the Chavez/Ambriz/Gonzales Property at 724 Martinez Street. In
cooperation with the property owners, City staff and the Historic Preservation Commission
(Commission) have determined the property to be eligible for designation. The property is
significant under City Code 14-22(a) Standard 1, Events/Trends, for association with the early
sugar beet industry in Fort Collins, its social history, and its Hispanic history, as well as under
Standard 3, Design/Construction, as a rare example of adobe construction in Fort Collins and
including a Community Development Block Grant (CDBG)-funded addition. The owners are
requesting designation, which will provide protection of the property's exterior and access to
financial incentives for owners to use for historic properties.
Adopted on Second Reading.
17. Second Reading of Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City
of Fort Collins to Ban the Retail Sale of Dogs and Cats.
This Ordinance, unanimously adopted on First Reading on August 20, 2024, bans the retail s ale
of dogs and cats from stores within Fort Collins city limits.
Adopted on Second Reading.
18. First Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in the General
Fund and Authorizing Transfer of Appropriations to the Recreation Fund for the Purchase
of a Bus for Use by the Recreation Department’s Childcare Programs.
The purpose of this item is to appropriate funds designated for childcare projects to purchase a
full-size bus committed to Recreation Department’s childcare programs.
19. First Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from the
Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
The purpose of this item is to support the Fort Collins Police Services’ Property Crimes Unit by
appropriating $50,000 of unanticipated grant revenue awarded by the Colorado State Patrol.
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity
as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The
$50,000 award is under the BATTLE program’s FY25 cycle. These state funds will be used for
overtime pay for Fort Collins Police Services personnel to support multiagency and
multijurisdictional BATTLE operations to identify, interdict, investigate, enforce, and prosecute
motor vehicle theft-related crimes.
Adopted on First Reading.
20. First Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the General
Fund for the Grocery Tax Rebate Program.
The purpose of this item is to request an appropriation of $442,460 from General Fund reserves
to fulfill the FY2024 Grocery Tax Rebate Program rebate and personnel budget obligations.
Adopted on First Reading.
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Item 1.
City of Fort Collins Page 512 City Council Proceedings
21. First Reading of Ordinance No. 127, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $189,390 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
22. First Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan Map in
Conformance with the East Mulberry Plan Update.
The purpose of this item is to update the Structure Plan Map following the recommended Place
Type changes outlined in the East Mulberry Plan. The proposed changes encompass
approximately 500 acres and reflect the changes previously presented and discussed with the
Planning and Zoning Commission leading up to the adoption of the East Mulberry Plan in
December 2023. Proposed changes are summarized in the following sections of this report and
do not deviate from what was included within the adopted version of the 2023 East Mulberry Plan.
Adopted on First Reading.
23. Items Relating to the William Neal Parkway and Ziegler Road Intersection Improvements.
A. Resolution 2024-108 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the William
Neal and Ziegler Intersection Improvements Project.
B. First Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend federal Transportation
Alternatives Program (“TAP”) funds and local funds for the William Neal and Ziegler Intersection
Improvements Project (the “Project”). The funds will be used to design and install an at-grade
bicycle and pedestrian crossing at the intersection of William Neal Parkway and Ziegler Road. It
is anticipated that a new at-grade crossing at this intersection will provide a safe crossing point
between the Rendezvous Trail and Rigden Farm to the west and the Poudre River Trail extension
and the future East Community Park to the east.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$603,624 of TAP grant funds for the Project; 3) move previously appropriated matching funds
from the Sustainable Funding 2050 Tax and Community Capital Improvement Program (CCIP)
Bicycle Program for the Project; and 4) appropriate funds to the Art in Public Places (APP)
program.
Resolution Adopted.
Ordinance Adopted on First Reading.
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Item 1.
City of Fort Collins Page 513 City Council Proceedings
24. Items Relating to the Signal Upgrades Project.
A. Resolution 2024-109 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Colorado Department of Transportation for the S ignal Upgrades
Project.
B. First Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of Prior Year
Reserves and Highway Safety Improvement Program Grant Funds and Authorizing Transfers for
the Signal Upgrades Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend federal Highway Safety
Improvement Program (“HSIP”) funds and local funds for the Signal Upgrades Project (the
“Project”). The funds will be used to enhance and upgrade traffic signals at up to thirty-one
locations throughout the City. It is anticipated that the traffic signal upgrades will increase safety
and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$606,410 of HSIP grant funds for the Project; 3) appropriate matching funds from the
Transportation Services funds reserves, 4) move previously appropriated matching funds from
the Transportation Services fund for the Project; and 5) appropriate funds to the Art in Public
Places (“APP”) program.
Resolution Adopted.
Ordinance Adopted on First Reading.
25. Items Relating to the Prairie Ridge Conservation Project.
A. Resolution 2024-110 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County and the City of Loveland to Partner on the Purchase of a 142-acre Property in the
Loveland Community Separator
B. First Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property Rights
Relating to the Acquisition of Property in the Loveland Community Separator.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer
County and the City of Loveland for the Prairie Ridge Addition. The Project will conserve 142-
acres in fee adjacent to Prairie Ridge Natural Area in the Loveland Community Separator. The
Ordinance will authorize the conveyance of a conservation easement on the property and a
farming lease over the Prairie Ridge property.
Resolution Adopted.
Ordinance Adopted on First Reading.
26. Items Relating to the Pedestrian Intersection Improvements Project.
A. Resolution 2024-111 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Colorado Department of Transportation for the Pedestrian
Intersection Improvement Project.
B. First Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the Pedestrian Intersection Improvements Project and
Related Art in Public Places.
Page 45
Item 1.
City of Fort Collins Page 514 City Council Proceedings
The purpose of this item is to enable the City to receive and expend federal Highway Safety
Improvement Program (“HSIP”) funds and local funds for the Pedestrian Intersection
Improvements Project (the “Project”). The funds will be used to design and install pedestrian
improvements at five locations. It is anticipated that these improvements will improve bicycle and
pedestrian safety by reducing crashes.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$1,250,326 of HSIP grant funds for the Project; 3) move previously appropriated matching funds
from the Community Capital Improvement Program (“CCIP”) Bicycle Program and Transportation
Services Fund for the Project; and 4) appropriate funds to the Art in Public Places (“APP”)
program.
Resolution Adopted.
Ordinance Adopted on First Reading.
27. Items Relating to the Mulberry Street Traffic Signal Synchronization Project.
A. Resolution 2024-112 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Colorado Department of Transportation for the Mulberry Street
Traffic Signal Synchronization Project.
B. First Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Mulberry
Street Traffic Signal Synchronization Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend federal Congestion Mitigation
and Air Quality (“CMAQ”) Improvement Program funds and local funds for the Mulberry Street
Traffic Signal Synchronization Project (the “Project”). The funds will be used to gather and
evaluate data for existing conditions and install adaptive signal system equipment at appropriate
intersections on East Mulberry Street between College Avenue and Greenfields Court. It is
anticipated that the synchronization of traffic signals along this corridor will reduce congestion and
improve air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agre ement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$440,000 of CMAQ grant funds for the Project; 3) appropriate matching funds from the
Transportation Services Funds Reserves for the Project; and 4) appropriate funds to the Art in
Public Places (APP) program.
Resolution Adopted.
Ordinance Adopted on First Reading.
28. Resolution 2024-113 Authorizing the City Manager to Enter into Two Agreements with the
Colorado State Forest Service for the Michigan Ditch Pre-Fire Mitigation Project.
The purpose of this item is for Council to authorize the City Manager to execute two agreements
with the Colorado State Forest Service (CSFS) for the Michigan Ditch Pre-Fire Mitigation Project:
(1) a services agreement to establish roles and responsibilities; and (2) a grant agreement to
secure partial funding.
Resolution Adopted.
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Item 1.
City of Fort Collins Page 515 City Council Proceedings
29. Resolution 2024-114 Amending the Intergovernmental Agreement for Between the City and
the City of Loveland for the Construction, Ownership, Operation, Maintenance and
Management of the Northern Colorado Law Enforcement Training Center.
The purpose of this item is to amend the original intergovernmental agreement (the “IGA”) for
Northern Colorado Law Enforcement Training Center (“NCLETC”) to allow access to existing
funds for needed repairs, maintenance and procurement of supplies by the facility manager as
well as to clarify some definitions.
Resolution Adopted.
30. Resolution 2024-115 Endorsing the Nomination of Tricia Canonico to the Board of
Directors of the National League of Cities.
The purpose of this item is to adopt a resolution of support for Councilmember Tricia Canonico
as she applies for a leadership position on the Board of Directors of the National League of Cities.
Resolution Adopted.
31. Resolution 2024-116 Setting the Dates of the Public Hearings on the 2025-26 Proposed City
of Fort Collins Budget.
The purpose of this item is to set two public hearing dates for the proposed 2025-26 budget that
the City Manager has filed with the City Clerk pursuant to Section 2 of City Charter Article V.
Section 3 of City Charter Article V now requires Council to set a date for a public hearing on the
proposed budget and to cause notice of the hearing to be published. This Resolution sets two
public hearing dates. The first for Council’s regular meeting on September 17, 2024, and the
second for its regular meeting on October 1, 2024. The Resolution also directs the City Clerk to
publish the notice of these two hearings that is attached as Exhibit “A” to the Resolution.
Resolution Adopted.
32. Resolution 2024-117 Excusing the Absence of Mayor Jeni Arndt from Attendance at the
September 3, 2024, Regular City Council Meeting.
The purpose of this item is to excuse the absence of Mayor Jeni Arndt from the City Council
meeting on September 3, 2024.
Resolution Adopted.
END OF CONSENT CALENDAR
Councilmember Pignataro moved, seconded by Councilmember Gutowsky, to approve the
recommended actions on items 1-32 on the Consent Calendar.
Councilmember Potyondy thanked all who came out to speak about Item No. 17, Second Reading of
Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City of Fort Collins to Ban the Retail
Sale of Dogs and Cats. She stated Councilmembers are cognizant that this will not fix every issue but
the ordinance speaks to our values as pet owners in the community and allows any existing
businesses to transform their business model.
The motion carried 6-0.
Ayes: Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro, Ohlson, Potyondy and
Canonico. Nays: none.
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Item 1.
City of Fort Collins Page 516 City Council Proceedings
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Canonico thanked the volunteers who came to the volunteer appreciation dinner. She
stated last week marked the 20,000th Connexion customer and she reported on attending the League
of Women Voters dinner.
Councilmember Gutowsky reported on the new alley improvements off Olive Street behind Bohlander
Funeral Home and noted this is the 12th of 17 alleys that will be improved.
Councilmember Potyondy reported on the new asphalt art project on Canyon near the Lincoln Center
and thanked the members of the community who volunteered to help with the project.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
None.
P) RESUMED PUBLIC COMMENT
None.
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
OB 2. Councilmember Pignataro moved, seconded by Councilmember Canonico, that the
City Council go into executive session pursuant to:
- City Charter Article Roman Numeral Two, Section 11(2),
- City Code Section 2-31(a)(2), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(b)
for the purpose of discussing with the City’s attorneys and appropriate management
staff specific legal questions related to collective bargaining with the Fraternal Order
of Police and the manner in which particular policies, practices or regulations of the
City related to collective bargaining and employment may be affected by existing or
proposed provisions of federal, state or local law.
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Item 1.
City of Fort Collins Page 517 City Council Proceedings
And pursuant to:
- City Charter Article Roman Numeral Two, Section 11(1),
- City Code Section 2-31(a)(1)(d), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(f)(I),
for the purpose of discussing with the City’s attorneys and appropriate management
staff personnel and strategy matters relating to negotiations with the Fraternal Order
of Police.”
The motion carried 6-0.
Ayes: Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro, Ohlson,
Potyondy and Canonico. Nays: none.
(Secretary’s Note: Council went into executive session at 7:20 p.m. The Council meeting
was reconvened at 8:15 p.m.)
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:15 p.m.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Page 49
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in the
General Fund and Authorizing Transfer of Appropriations to the Recreation Fund for the
Purchase of a Bus for Use by the Recreation Department’s Childcare Programs.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
funds designated for childcare projects to purchase a full-size bus committed to Recreation
Department’s childcare programs.
Page 50
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
Marc Rademacher, Sr. Manager, Recreation
Adam Molzer, Manager, Social Sustainability
SUBJECT
Second Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in the General
Fund and Authorizing Transfer of Appropriations to the Recreation Fund for the Purchase of a Bus
for Use by the Recreation Department’s Childcare Programs.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates funds
designated for childcare projects to purchase a full-size bus committed to Recreation Department’s
childcare programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In February 2020, a City asset that had historically been used to provide childcare services, located at 906
East Stuart Street in Fort Collins, was sold by Real Estate Services. The sale proceeds of $269,524 were
designated by City leadership at the time to address undefined future childcare issues, and the funds were
dedicated to an Assigned reserve titled “childcare needs”.
The Social Sustainability Department (SSD) has maintained the lead role in addressing Council’s priority
focused on community-level childcare infrastructure in recent years. In May 2023, recognizing that these
funds had not been activated in 3+ years, SSD initiated an internal, interdepartmental review of potential
projects that might benefit City-led childcare initiatives and broader childcare interests in Fort Collins. An
overview of the process and timeline is attached.
In total, 8 project options from 4 departments were identified and further explored to determine the highest
and best use of the childcare funds. Through collaborative discussions, self-vetting, and probing inquiries,
1 project option remains for further funding consideration.
The purchase of a full-size bus committed to the Recreation Department’s childcare programs and related
enrichment activities has been identified as a suitable investment using these assigned funds dedicated
for childcare purposes.
Page 51
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Programming: The bus will be used primarily for the following program purposes:
Camp Funquest and other summer youth camps.
Other school-out day programs.
Diversified youth recreation programs (ski trips, teen trips to corn mazes, other field trips, etc.),
including Adaptive Recreation Opportunities (ARO) youth programs.
Other City departments with youth-focused programs (when it is not needed by Recreation).
Expanded childcare programs housed at the future southeast community center (2028).
Thirty-six (36) additional spots could be created for Camp Funquest with the addition of the bus resource.
This offers a potential 22% increase in summer childcare spots provided by Recreation. 40% of
enrollments in 2023 received reduced-fee tuition for income-qualified households.
The anticipated impacts of this purchase are as follows:
Adds childcare spots by expanding day-trip participant capacity, which is currently limited by the
Recreation Department’s van-only fleet.
Extends the life of Recreation’s van fleet.
Improves safety for children and staff by utilizing professional CDL drivers in a single vehicle.
Simplifies logistics for childcare programming.
Vehicle Selection: Electric and CNG/RNG vehicle options were considered, however; those models do
not have the necessary distance range to transport program participants to non-local destinations (ex:
Estes Park and Denver) without re-charge or re-fuel services that are not yet easily accessible for those
engine types. A diesel bus option has been identified as a suitable choice given its longer distance range
capacity, as well as modern, lower-emission engines that are comparable with CNG/RNG vehicles. The
City’s Purchasing Department has indicated that vendor sourcing for this bus purchase can be completed
following a Cooperative Contract vendor process.
Operations & Maintenance:
Drivers – Recreation Department will work with PSD to hire their CDL-qualified drivers during the out-of-
school season. Recreation could also pay to have 2-3 Senior Coordinators (City staff) in youth
programming complete their CDL to ensure there are enough qualified drivers to ensure there are a
sufficient number of qualified drivers in the event that the PSD driver shortage extends into summer
programming.
Storage – The bus will be parked at the fleet services yard when not in operation.
Budget – Recreation has existing O&M budgeted for the bus that was decommissioned, which will be
assigned to this new bus.
Service – Repairs and upkeep will follow the recommended fleet maintenance program.
Durability – The anticipated useful life of the bus would be 10-12 years.
Transfort – The bus will remain independent from the Transfort fleet. Recreation is unable to use the
Transfort fleet due to federal funding restrictions on those assets.
TBL Scan: A Triple Bottom Line Scan was completed on the purchase of a new diesel engine bus to
assess the impacts of acquiring this new asset against environmental, economic, and social health
interests. The results are included as an attachment and reflect the following:
Strong, positive direct impacts for Social interests
Moderate, positive direct impacts for Economic interests
Moderate, neutral indirect impacts for Environmental interest
Page 52
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Equity Scan: An Equity Scan was completed by the City’s Equity Office to evaluate the proposed bus
purchase against the City’s interests related to diversity, equity, and inclusion. The results are included as
an attachment and reflect the following:
Addresses community interest to increase childcare spots.
Increases inclusion for youth with disabilities.
Program materials are provided in Spanish. Consider translation/interpretation to Mandarin, as well as
general reminder to provide translation/interpretation services for related programming.
Budget History: Prior budget offers for a bus purchase were not funded in the City’s 2020, 2021 and
2022 Budgeting For Outcomes (BFO) cycles. Recreation will evaluate other funding mechanisms to
purchase a bus if funding is not secured with these dedicated childcare funds.
CITY FINANCIAL IMPACTS
This appropriation will utilize $169,500 from the Childcare Reserve in the General Fund for transfer to the
Recreation Department for the bus purchase, branded wrap and kit. The remaining $100,024 will be
retained for consideration of future eligible projects within the City organization.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 53
Item 2.
-1-
ORDINANCE NO. 124, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND AND AUTHORIZING TRANSFER OF APPROPRIATIONS
TO THE RECREATION FUND FOR THE PURCHASE OF A BUS
FOR USE BY THE RECREATION DEPARTMENT’S CHILDCARE
PROGRAMS
A. In February 2020, the sale of a City property historically used for childcare
services provided the City with $269,524. The Social Sustainability Department has
conducted a review of potential projects to benefit City-led childcare initiatives using those
funds. That review concluded that procuring a full-size bus to use for the Recreation
Department’s childcare programs would be of significant benefit to the City and its
residents. This Ordinance will appropriate $169,500 to procure the bus.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving access to City-
provided childcare programs.
C. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and 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.
E. 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.
F. The City Manager has recommended the transfer of $169,500 from the
General Fund to the Recreation Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
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
Page 54
Item 2.
-2-
Fund for transfer to the Recreation Fund and appropriated therein the sum of ONE
HUNDRED SIXTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($169,500) to be
expended in the Recreation Fund for the purchase of a bus for use by the Recreation
Department’s Childcare Programs.
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Ted Hewitt
Page 55
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from
the Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, supports the
Fort Collins Police Services’ Property Crimes Unit by appropriating $50,000 of unanticipated
grant revenue awarded by the Colorado State Patrol.
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity
as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force.
The $50,000 award is under the BATTLE program’s FY25 cycle. These state funds will be used
for overtime pay for Fort Collins Police Services personnel to support multiagency and
multijurisdictional BATTLE operations to identify, interdict, investigate, enforce, and prosecute
motor vehicle theft-related crimes.
Page 56
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Adam Ruehlen, Police Services
Jason Lang, Police Services
Kerri Ishmael, Grants Administration
SUBJECT
Second Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from the
Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services Property
Crimes Unit.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, supports the Fort Collins
Police Services’ Property Crimes Unit by appropriating $50,000 of unanticipated grant revenue awarded
by the Colorado State Patrol.
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity as a
partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The $50,000
award is under the BATTLE program’s FY25 cycle. These state funds will be used for overtime pay for Fort
Collins Police Services personnel to support multiagency and multijurisdictional BATTLE operations to
identify, interdict, investigate, enforce, and prosecute motor vehicle theft-related crimes.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The BATTLE program is comprised of several regions throughout Colorado, including the BATTLE North
region. Fort Collins Police Services, in capacity as a partner agency to the BATTLE North team,
collaborates with other partner agencies to respond to motor vehicle theft-related crimes. The $50,000 in
BATTLE program funds supports Fort Collins Police Services’ Property Crimes Unit in covering personnel
time to prevent auto theft crimes, which has seen a steady growth within the City over the past five years.
CITY FINANCIAL IMPACTS
This item appropriates $50,000 in unanticipated revenue from the Colorado Auto Theft Prevention Authority
(CATPA) grant in support of Police Services Property Crimes Unit.
There is no match requirement by the City under this grant.
Page 57
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$50,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 58
Item 3.
-1-
ORDINANCE NO. 125, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO AUTO THEFT PREVENTION AUTHORITY GRANT
FOR THE FORT COLLINS POLICE SERVICES’ PROPERTY
CRIMES UNIT
A. Fort Collins Police Services (“FCPS”) is a member of the BATTLE program
created by Colorado State Patrol (“CSP”). The purpose of BATTLE is for member
agencies to collaborate and work with other law enforcement agencies around the state
to investigate and respond to motor vehicle theft related crimes, which have seen a steady
growth within the city over the past five years.
B. CSP manages the BATTLE program and provides grant funding
opportunities to member agencies to help cover personnel costs for the time that is
needed to prevent auto theft crimes.
C. The purpose of this item is to appropriate $50,000 of unanticipated grant
revenue from Colorado Auto Theft Prevention Authority (CATPA) to support FCPS
Property Crimes Unit work on motor vehicle theft related crimes.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of the prevention and investigation
of motor vehicle theft crimes.
E. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
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.
Page 59
Item 3.
-2-
H. The City Council wishes to designate the appropriation herein for the
CATPA 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 FIFTY THOUSAND DOLLARS ($50,000) to be expended in the
General Fund for the Fort Collins Police Services Property Crimes Unit.
Section 2. The appropriation herein for the CATPA Grant is hereby designated,
as authorized in Article V, Section 11 of the City Charter, as an appropriation t hat 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 September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Dawn Downs
Page 60
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the
General Fund for the Grocery Tax Rebate Program.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$442,460 from General Fund reserves to fulfill the FY2024 Grocery Tax Rebate Program rebate
and personnel budget obligations.
Page 61
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Adam Molzer, Manager, Social Sustainability
SUBJECT
Second Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the General
Fund for the Grocery Tax Rebate Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates $442,460
from General Fund reserves to fulfill the FY2024 Grocery Tax Rebate Program rebate and personnel
budget obligations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Established in 1984, the Grocery Tax Rebate is intended to provide financially insecure residents relief
from City sales tax charged on purchased food. The rebate amount is currently $80 per person.
Applications are submitted via the Get FoCo online platform, where staff manually review each application
and the uploaded documentation (EBT card copy, Medicaid card, LEAP letter, Free/Reduced Lunch letter)
to verify income and residency eligibility. This is the third year partnering with Get FoCo and 96% of
applications are now received via the web platform.
One 0.75-FTE staff member assists residents with the application process, manually uploads payment
data, and supports a variety of other program functions to ensure a positive customer experience. This
staff position was converted from hourly to classified status with benefits in January 2024, per Council
guidance.
Between 2020-2023, the number of applications received increased over 95%, and rebates issued grew
by 186%.
In 2023, the City processed 1,966 applications. The total amount issued in 2023 for the grocery rebate
program was $354,121. The FY2023 budget afforded $150,000 for rebates.
From January to June 2024, the City has processed 1,553 applications. The total amount issued year -to-
date in 2024 is $292,460. The FY2024 budget affords $165,000 for rebates.
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Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
If a monthly average of $48,500 is realized for Q3 + Q4 2024, the total rebate obligation for 2024 will reach
$583,460. The monthly average during Q3 + Q4 2023 was $37,333.
Additionally, Council Finance Committee expressed support for the conversion of the Grocery Tax Rebate
Coordinator position from hourly to classified at their 12/14/2023 meeting. This conversion took effect in
January 2024 and the resulting $24,000 personnel budget shortfall needs to be made whole.
An appropriation of $442,460 will meet the anticipated 2024 rebate and personnel obligations.
Actual & Anticipated Obligation & Budget
January – June 2024 Obligated + $292,460
July – December 2024 Anticipated + $291,000
Personnel Conversion Shortfall + $24,000
FY2024 Rebate Budget (general fund) - $165,000
Estimated Funding Needed $442,460
CITY FINANCIAL IMPACTS
This item appropriates $442,460 from General Fund reserves for the anticipated Grocery Tax Rebate
Program FY2024 budget shortfall.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The request in this Ordinance was presented at the August 1, 2024, Council Finance Committee and was
recommended for approval.
Council Finance Committee also inquired about the average, annual household grocery budget
expenditure in Fort Collins factored against the 2.25% grocery tax rate. Assigning a representative grocery
budget amount is difficult, however; a reasonable range may be $5,000 to $7,500 per person each year.
This correlates to $112 to $168 in grocery tax paid annually by a food-secure resident. This budget range
is formulated from the following data:
The Fort Collins Area Median Income (AMI) at 60% (1 household member) is $49,920. This is the single
head-of-household income limit for a Grocery Tax Rebate. A widely accepted personal budgeting
guideline is to assign 10%-15% for food. This may be lower for households with restricted income or
those receiving subsidized food benefits.
To receive SNAP grocery benefits in Colorado, the gross annual income limit is $29,160 for a single
head-of-household. This provides a $291 monthly SNAP benefit for eligible grocery purchases (10%).
Feeding America’s annual Map the Meal Gap study prescribes $411 per person per month in a food-
secure Larimer County household ($4,932 annual)
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 63
Item 4.
-1-
ORDINANCE NO. 126, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR THE GROCERY TAX REBATE PROGRAM
A. The City’s Grocery Tax Rebate, codified in Sections 25-46 through 25-52 of
the City Code, is intended to provide financially insecure residents relief from City sales
tax charged on purchased food (the “Rebate”). The Rebate amount is currently $80 per
person per year.
B. Residents of the City and GMA who qualify for the Rebate may apply online.
One City employee assists residents with the application process, manually uploads
payment data, and supports a variety of other program functions to ensure a positive
customer experience.
C. The City’s 2024 budget included $165,000 for Rebate payments. Additional
funds are required to fund Rebates for all qualified residents due to increased demand
for Rebates. Additionally, the position of the City employee who administers the Rebate
program was converted from hourly to classified status with benefits in January 2024 ,
increasing Rebate program costs. Consequently, an appropriation of $442,460 is needed
to fund and administer the Rebate program.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of assisting low-income residents
purchase food.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED SIXTY
DOLLARS ($442,460) to be expended in the General Fund for the Grocery Tax Rebate
Program.
Page 64
Item 4.
-2-
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Ted Hewitt
Page 65
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 127, 2024, Appropriating Unanticipated
Philanthropic Revenue Received by City Give for Various Programs and Services as
Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$189,390 in philanthropic revenue received through City Give. These miscellaneous gifts to
various City departments support a variety of programs and services and are aligned with both
the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 66
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 127, 2024, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates $189,390 in
philanthropic revenue received through City Give. These miscellaneous gifts to various City departments
support a variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling $XX
and these funds are currently unappropriated. As acknowledged by Section 2.5 of the City's Fiscal
Management Policy 2-Revenue approved by City Council, the City Manager has adopted the Philanthropic
Governance Policy to provide for the responsible and efficient management of charitable donations to the
City.
This item requests appropriation of $189,390 in philanthropic revenue received by City Give as follows:
A charitable gift of $20,000 from Elevations Credit Union designated to Parks, Community Services in
support of the City’s 4th of July 2024 community celebration.
Grants totaling $50,625 awarded to the City’s Natural Areas designated to support restoration activities
within Coyote Ridge Natural Area and Bobcat Ridge Natural Area. The funds represent a collaborative
Page 67
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
grant via Larimer County awarded by The National Fish & W ildlife Foundation, an independent 501(c)(3)
nonprofit organization.
Charitable gifts totaling $80,000 in support of Safe Futures, Fort Collins Police Services which includes a
gift of $30,000 received from UCount, Timberline Church and $50,000 received form Nancy Richardson
in support of Safe Futures, Fort Collins Police Services as designated by the donors.
Charitable gifts totaling $38,765 gifts designated for The Gardens on Spring Creek which includes $665
received from OtterCares Foundation, $1,647 received from Jessica MacMillan, $3,000 received from
Denver Botanical Garden, $13,453 received form Judith McArthur and a $20,000 sponsorship received
from Nutrien.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $$189,390 in new philanthropic revenue received in 2024 through City
Give for gifts to various City departments support a variety of programs and services.
The donations shall be expended from the designated fund solely for the donor s’ directed intent. New
Unanticipated Philanthropic Revenue is as follows:
Parks Charitable Gifts $20,000 General Fund
Natural Areas Charitable Gifts $50,625 Natural Areas Fund
Police Services Charitable Gifts $80,000 General Fund
The Gardens on Spring Creek Charitable Gifts $38,765 Cultural Services and
Facilities Fund
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations, are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 68
Item 5.
-1-
ORDINANCE NO. 127, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED BY CITY GIVE FOR VARIOUS
PROGRAMS AND SERVICES AS DESIGNATED BY THE
DONORS
A. The City of Fort Collins has long been the beneficiary of local philanthropy.
Generosity is demonstrated in both large and modest gifts, each appreciated for its
investment in the mission and the range of services the City strives to deliver.
B. The City has received $189,390 in philanthropic gifts that require
appropriation by City Council. These gifts are: $20,000 received for Parks, Community
Services to support the City’s 4th of July community celebration; $50,625 for the City’s
Natural Areas designated to support restoration activities within Coyote Ridge Natural
Area and Bobcat Ridge Natural Area from Larimer County awarded by The National Fish
& Wildlife Foundation; $80,000 in support of Safe Futures, Fort Collins Police Services
from Timberline Church ($30,000) and Nancy Richardson ($50,000); and $38,765 for the
Gardens on Spring Creek from Otter Cares Foundation ($665), Jessica M acMillan
($1,647), Denver Botanical Garden ($3,000), Judith McArthur ($13,453) and Nutri en
($20,000).
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting a variety of City
programs and services as described herein.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
E. The City Manager has recommended the appropriations described in
Section 1 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the funds named in
Section 1 and will not cause the total amount appropriated in each such fund to exceed
the current estimate of actual and anticipated revenues to be received in those funds
during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation .
Page 69
Item 5.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2024 to be expended as designated by the donors in
support of the various City programs and services as described in this Ordinance.
General Fund $100,000
Natural Areas Fund $50,625
Cultural Services and Facilities Fund $38,765
Section 2. The appropriation herein for the Police Services donation 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 until the earlier of the expiration of the
donation or the City’s expenditure of all funds received from such or donation.
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Ted Hewitt
Page 70
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan
Map in Conformance with the East Mulberry Plan Update.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, updates the
Structure Plan Map following the recommended Place Type changes outlined in the East
Mulberry Plan. The proposed changes encompass approximately 500 acres and reflect the
changes previously presented and discussed with the Planning and Zoning Commission leading
up to the adoption of the East Mulberry Plan in December 2023. Proposed changes are
summarized in the following sections of this report and do not deviate from what was included
within the adopted version of the 2023 East Mulberry Plan.
Page 71
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Megan Keith, Senior City Planner
Janelle Guidarelli, Associate City Planner
SUBJECT
Second Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan Map in
Conformance with the East Mulberry Plan Update.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, updates the Structure Plan
Map following the recommended Place Type changes outlined in the East Mulberry Plan. The proposed
changes encompass approximately 500 acres and reflect the changes previously presented and discussed
with the Planning and Zoning Commission leading up to the adoption of the East Mulberry Plan in
December 2023. Proposed changes are summarized in the following sections of this report and do not
deviate from what was included within the adopted version of the 2023 East Mulberry Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The East Mulberry Plan (the “Plan”) was adopted by City Council in December 2023. The Plan includes
updated land use guidance via changes to place type designations found on the City Plan Structure Plan
Map. These updates are based on changed conditions and development patterns, community
engagement, and new Plan policy direction. The proposed Structure Plan map changes are an important
implementation action of the East Mulberry Plan to reflect the corridor’s updated land use guidance in the
comprehensive plan prior to future development, redevelopment and annexations in the Mulberry Corridor.
The recommended changes to the Structure Plan Map primarily reflect changes based on prior project -
specific rezonings or annexations, the acquisition of newly purchased City properties, and reassignment of
various residential neighborhoods and Manufactured Home Parks to better represent their existing
residential characteristics and preservation opportunities. Several nonresidential designations near I -25
are also recommended to change to better reflect the existing mix of commercial and industrial uses around
the interchange. In total, these proposed changes impact approximately 500 acres.
The table below outlines some of the recommended Place Type Changes. Each of these potential Place
Type Changes are numbered, as depicted on Figure 1. Not every minor change is depicted with a map
label. Table 1 also includes a column that describes how this change aligns with the goals of the Plan.
Page 72
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
Table 1: Recommended Place Type Changes
Map
Label
Place Type Assignment or Recommended Place Type
Change
Alignment with Plan Goals and
Strategies
1
Reassign the areas north of the Kingfisher Point Natural
Area bordering Mulberry Street from the Suburban Mixed-
Use Place Type to the Parks & Natural/ Protected Lands
Place Type.
Goal 6, Strategy 1 and 3
Protect and enhance existing
natural habitats and features like
the Poudre River and the areas
that surround it.
2
Reassign the Nueva Vida Mobile Home Park from the
Suburban Mixed-Use Place Type to the Mixed
Neighborhoods Place Type.
Goal 5, Strategy 2
Preserve and enhance existing
mobile home parks.
3
Reassign the Boxelder Estates Neighborhood from the
Suburban Neighborhood Place Type to the Rural
Neighborhood Place Type.
Goal 5, Strategy 1
Maintain similar land use and
streetscape character in
established neighborhoods.
4
Reassign the areas north of the Mulberry Street and
Greenfield Court intersection from Mixed Neighborhood
Place Type to Neighborhood Mixed Used District Place
Type and Mixed Employment District Place Type, as
approved in the Bloom PUD.
Goal 4, Strategy 3
Designate areas for commercial
development that support the daily
needs of residents and businesses.
5
Reassign the Dry Creek neighborhood from Suburban
Neighborhood Place Type to the Mixed Neighborhood Place
Type.
Goal 5, Strategy 1
Maintain similar land use and
streetscape character in
established neighborhoods.
6
Reassign the area fronting the I-25 Interchange from the
Industrial Place Type to Suburban Mixed-Use District Place
Type.
Goal 4, Strategy 3
Designate areas for commercial
development that support the daily
needs of residents and businesses.
7
Reassign portions of the plan area northeast of the Airpark
from the Industrial Place Type and Mixed Neighborhood
Place Type to the R&D Flex District.
Goal 1, Strategy 2
Support the retention of existing
industrial and agricultural business
uses.
The R&D Flex place type is applied to the area northeast of the Airpark, including the former
runway/taxiways and the areas near Timberline and International Boulevard. The Industrial place type
designation has remained for much of the Airpark southwest of the former runway/taxiways. The Industrial
District place type supports land uses such as manufacturing, assembly plants, warehouses, outdoor
storage yards, distribution facilities, as well as flex space for smaller, local start-ups. Transportation facilities
in the Industrial District should promote the efficient movement of commercial truck traffic that supports and
facilitates industrial function.
Page 73
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
The R&D Flex District is one of the most flexible place type designations and supports a wide range of light
industrial, employment, and commercial/retail land uses. Application of the R&D place type is supportive
of Plan goals to remain a viable place for business and industry and promote additional neighborhood
services and retail. This is particularly relevant for large portions of the former runway/taxiways and area
around International Boulevard, which forms a bridge between established industrial development and new
residential neighborhoods. The flexibility and range of uses within this place type make it ideal to
accommodate a variety of future functions and land uses serving the needs of industrial and residential
users while applying more modern buffering and compatibility development standards.
Figure 1 highlights the recommended changes, outlined in the East Mulberry Plan, in a red outline. Figure
2 below shows the existing Structure Plan Map, created in 2019. This existing Structure Plan map also
includes this red outline showing the areas of potential change.
Figure 1: Potential Structure Plan Map Changes
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Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
Figure 2: Existing Structure Plan Map (2019)
The table below illustrates the general alignment between the current Fort Collins zoning districts and the
place types found in the City Plan Structure Plan Map. In some instances, there is a one-to-one relationship
between the current zoning districts and the corresponding Structure Plan place types (i.e., the Industrial
Zoning District and the Industrial District place type). In other instances, there are multiple zoning districts
that may correspond with the purpose and intent of a particular Structure Plan place type (i.e., there are
four zoning districts that correspond to the Mixed-Neighborhood place type), or multiple place types that
correspond with a zoning district. Place types represent a broader approach to future land use guidance
compared to zoning alone.
Page 75
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
Table 2: Current City Zoning Districts and Corresponding Structure Plan Place Types
As an attachment to this staff report, pages extracted from City Plan describing each Place Type, principle
and supporting land uses, density, and key characteristics of the place types are provided as Attachment
5. The attached excerpt is pages 92 through 107 of City Plan.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission voted 7-0 to recommend City Council adopt amendments to the
Structure Plan Map.
PUBLIC OUTREACH
As described in the East Mulberry Plan, community engagement related to the Plan spanned multiple years
and took multiple forms. Some notable engagement activities beginning in 2020 included the following:
Page 76
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
• East Mulberry Business Focus Groups, August 2020
• Community Q&A Sessions, April 2021
• Community Visioning Sessions, June 29, July 14, and August 4, 2021
• Online Visioning Survey, Summer 2021
• Community Advisory Group Meetings – five meetings spanning October 2021 through April 2022
• Community Workshops, October 2021
• Community and Business Workshops, January, and February 2022 Community Open House,
October 2023
Notification and ongoing communication with residents and businesses occurred through the following
channels:
• Over 2,200 postcard invitations were mailed to all addresses within the East Mulberry Enclave.
• Press Release distributed February 23, 2023.
• Over 200 in-person business visits to hand-deliver invitations.
• Invitation and event reminders distributed to over 500 East Mulberry email newsletter subscribers.
Summary documents of all engagement activities are available within the appendix of the East Mulberry
Plan.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 77
Item 6.
-1-
ORDINANCE NO. 128, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY PLAN STRUCTURE PLAN MAP IN
CONFORMANCE WITH THE EAST MULBERRY PLAN UPDATE
A. City Council adopted the East Mulberry Plan in December 2023 via
Ordinance No. 162, 2023, to update the East Mulberry Corridor Plan adopted in 2002.
B. The East Mulberry Plan is an element of City Plan, the City’s comprehensive
plan, and it serves as a guide for growth and development in the area.
C. The Structure Plan Map contained in City Plan depicts place type
designations within the city and the Growth Management Area (GMA) and serves as a
guide for growth and development, especially for areas of the GMA subject to annexation
and zoning.
D. To conform with the East Mulberry Plan and prior project specific
rezonings and zonings related to annexations, City staff initiated a City Plan
amendment to update the place type designations on the Structure Plan Map in seven
areas totaling approximately 500 acres of land as shown on Exhibit “A” attached
hereto.
E. At its July 18, 2024, regular meeting, the Planning and Zoning Commission
on a 7-0 vote unanimously recommended that City Council amend the Structure Plan
Map to make the changes shown on Exhibit “A”.
F. City Council has determined that the proposed amendment of the Structure
Plan Map 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 the amendment to the existing City
Plan Structure Plan Map is necessary to conform to the East Mulberry Plan and prior
rezonings and zonings related to annexations.
Section 2. City Council finds that the proposed amendment promote s the
public welfare and is consistent with the vision, goals, principles and policies of City
Plan and the elements thereof.
Section 3. The City Plan Structure Plan Map is hereby amended so as to
appear as shown on Exhibit "A" attached hereto and incorporated herein by this
reference.
Page 78
Item 6.
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Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Brad Yatabe
Page 79
Item 6.
EXHIBIT A TO ORDINANCE NO. 128, 2024
Page 80
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Transportation Alternatives Program (“TAP”) funds and local
funds for the William Neal and Ziegler Intersection Improvements Project (the “Project”). The
funds will be used to design and install an at-grade bicycle and pedestrian crossing at the
intersection of William Neal Parkway and Ziegler Road. It is anticipated that a new at-grade
crossing at this intersection will provide a safe crossing point between the Rendezvous Trail and
Rigden Farm to the west and the Poudre River Trail extension and the future East Community
Park to the east.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$603,624 of TAP grant funds for the Project; 3) move previously appropriated matching funds
from the Sustainable Funding 2050 Tax and Community Capital Improvement Program (CCIP)
Bicycle Program for the Project; and 4) appropriate funds to the Art in Public Places (APP)
program.
Page 81
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Dyer, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and Authorizing
Transfers of Appropriations for the William Neal and Ziegler Intersection Improvements Project and
Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City to receive
and expend federal Transportation Alternatives Program (“TAP”) funds and local funds for the William Neal
and Ziegler Intersection Improvements Project (the “Project”). The funds will be used to design and install
an at-grade bicycle and pedestrian crossing at the intersection of William Neal Parkway and Ziegler Road.
It is anticipated that a new at-grade crossing at this intersection will provide a safe crossing point between
the Rendezvous Trail and Rigden Farm to the west and the Poudre River Trail extension and the future
East Community Park to the east.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement (“IGA”) for
the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate $603,624 of TAP
grant funds for the Project; 3) move previously appropriated matching funds from the Sustainable Funding
2050 Tax and Community Capital Improvement Program (CCIP) Bicycle Program for the Project ; and 4)
appropriate funds to the Art in Public Places (APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The intersection of William Neal Parkway and Ziegler Road is currently side street stop-controlled with high
speeds and volumes on Ziegler Road. Current pedestrian and bicycle demand is high after the construction
of residential housing to the west (Rigden Farm) including a local trail (Rendezvous Trail), and the Poudre
River Trail segments to the east. City staff anticipates a traffic signal will be warranted at the intersection
in the future. However, the need to address pedestrian and cyclist safety exists today. With the construction
of the East Community Park and final segments of the Poudre River Trail, it is anticipated that demand for
a safe intersection crossing will be significantly higher. The Project would close the gap between a local
trail and neighborhood and the Poudre River Trail, providing a safe connection to the East Community
Page 82
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Park. Because of the extents of the Poudre River Trail, the project will increase access to schools, parks,
transit, and the regional community.
The Project will install enhanced at-grade bicycle and pedestrian facilities at the intersection. In addition,
the Project will improve connectivity to the Poudre River Trail in the vicinity where the Poudre River Trail
crosses the Great Western Railway. Improvements at the intersection will meet the requirements of the
Americans with Disabilities Act, eliminating or mitigating existing roadway hazards. The Project will install
pedestrian and bike count collection infrastructure. The data will be shared with the North Front Range
Metropolitan Planning Organization (“NFRMPO”) and CDOT. Signage and wayfinding will be included in
the Project similarly to other City trail projects.
The Project is not explicitly defined in the NFRMPO Regional Active Transportation Plan (2021), but the
need for safe local trail connections to the Poudre River Trail is identified and the Project will provide such
a connection. The City‘s Active Modes Plan identifies these improvements. This intersection is routinely
used in the Safe Routes to School (SRTS) training rides with students.
City staff initially submitted to the NFRMPO for TAP funding for the Project in 2021. The Project was
waitlisted at that time. Additional funding became available in 2023 as part of Infrastructure Investment and
Jobs Act (IIJA) and the TAP funds were awarded.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the William Neal and Ziegler Intersection Improvements Project.
The total fund amount projected for this Project is $729,103 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project was identified as part of the Active Modes Plan adopted by City Council in December 2022.
PUBLIC OUTREACH
Staff will develop and implement a Public Engagement Plan for the Project in conjunction with the
Communications & Public Involvement Office.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Transportation Alternatives Program (TAP) Funds 603,624$
Sustainable Funding 2050 Tax (previously appropriated)70,700$
Community Capital Improvement Program (CCIP) Bicycle Program
(previously appropriated)55,479$
Total Funds to be Appropriated per this Action 729,803$
Transfer to Art in Public Places 700$
Total Project Funds 729,103$
Funds to be Appropriated per this Action
Page 83
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Page 84
Item 7.
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ORDINANCE NO. 129, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
WILLIAM NEAL AND ZIEGLER INTERSECTION
IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC
PLACES
A. This Ordinance concerns the design and construction of and funding for an
at-grade bicycle and pedestrian crossing at the intersection of William Neal Parkway and
Ziegler Road to provide a safe crossing point between the Rendezvous Trail and Rigden
Farm to the west and the Poudre River Trail extension and the future East Community
Park to the east.
B. The intersection of William Neal Parkway and Ziegler Road is currently side
street stop-controlled with high speeds and volumes on Ziegler Road. Current pedestrian
and bicycle demand at the intersection is high after the construction of residential housing
to the west (Rigden Farm) including a local trail (Rendezvous Trail), and the Poudre River
Trail segments to the east.
C. City staff anticipate a traffic signal will be warranted at the intersection in the
future. With the construction of the East Community Park and final segments of the
Poudre River Trail, it is anticipated that demand for a safe intersection crossing will be
significantly higher. However, the need to address pedestrian and cyclist safety exists
today.
D. The William Neal and Ziegler Intersection Improvements Project (the
“Project”) has been developed to improve bicycle and pedestrian safety, to improve all
modes of traffic flow at the Willian Neal/Ziegler Intersection, and to further develop the
City’s transportation infrastructure and interconnected trail network.
E. The Project will install enhanced at-grade bicycle and pedestrian facilities
at the intersection. In addition, the Project will improve connectivity to the Poudre River
Trail in the vicinity where the Poudre River Trail crosses the Great Western Railway. The
Project will close the gap between a local trail and neighborhood and the Poudre River
Trail, providing a safe connection to the East Community Park. Because of the extents of
the Poudre River Trail, the project will increase access to schools, parks, transit, and the
regional community.
F. Improvements at the intersection will meet the requirements of the
Americans with Disabilities Act, eliminating or mitigating existing roadway hazards.
G. Signage and wayfinding will be included in the Project similarly to other City
trail projects.
Page 85
Item 7.
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H. The Project will install pedestrian and bike count collection infrastructure.
The data will be shared with the North Front Range Metropolitan Planning Organization
(“NFRMPO”) and the Colorado Department of Transportation (“CDOT”). Although the
Project is not explicitly defined in the NFRMPO Regional Active Transportation Plan
(2021), the need for safe local trail connections to the Poudre River Trail is identified. The
Project will provide such a connection.
I. The City‘s Active Modes Plan identifies these improvements. This
intersection is routinely used in the Safe Routes to School (“SRTS”) training rides with
students.
J. City staff initially submitted to the NFRMPO for federal Transportation
Alternatives Program (“TAP”) funding for the Project in 2021. The Project was waitlisted
at that time. Additional funding became available in 2023 as part of Infrastructure
Investment and Jobs Act (“IIJA”), and the TAP funds were awarded.
K. 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.
L. 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 revenu es and all
other funds to be received in this fund during this fiscal year.
M. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
N. The City Manager has recommended the transfer of $70,700 from the 2050
Parks Rec Transit and OCF fund to the Capital Projects fund and $55,479 from the
Community Capital Improvement Program Bicycle Program Budget in the Capital Projects
fund to the William Neal and Ziegler Intersection Improvement Project Budget in the
Capital Projects fund determined that the purpose for which the transferred funds are to
be expended remains unchanged.
Page 86
Item 7.
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O. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
P. The total project cost of $70,000 has been used to calculate the contribution
to the APP program.
Q. The amount to be contributed in this Ordinance will be $700.
R. A portion 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 Colorado
Department of Transportation, the source of these funds.
S. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
T. The City Council wishes to designate the appropriation herein for William
Neal and Ziegler Intersection Improvements Project as an appropriation that shall not
lapse until the completion of the project.
U. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
multimodal transportation infrastructure within 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. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of SIX HUNDRED THREE THOUSAND SIX HUNDRED
TWENTY-FOUR DOLLARS ($603,624) to be expended in the Capital Projects fund for
the Willam Neal and Ziegler Intersection Improvements Project.
Section 2. The unexpended and unencumbered appropriated amount of
SEVENTY THOUSAND SEVEN HUNDRED DOLLARS: ($70,700) is authorized for
transfer from the 2050 Parks Rec Transit and OCF fund to the Capital Projects fund and
appropriated therein to be expended for the Willam Neal and Ziegler Intersection
Improvements Project.
Section 3. The unexpended and unencumbered appropriated amount of FIFTY-
FIVE THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS: ($55,479) is
authorized for transfer from the Bicycle Program budget in the Capital Projects fund to
the William Neal and Ziegler Intersection Improvement budget in the Capital Projects fund
Page 87
Item 7.
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and appropriated therein to be expended for the Willam Neal and Ziegler Intersection
Improvements Project.
Section 4. The unexpended and unencumbered appropriated amount of FIVE
HUNDRED FIFTY DOLLARS ($550) 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 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED FORTY DOLLARS ($140) 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 6. The unexpended and unencumbered appropriated amount of TEN
DOLLARS ($10) 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 7. The appropriation herein for the William Neal and Ziegler Intersection
Improvements Project is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the completion of the project.
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Heather N. Jarvis
Page 88
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of
Prior Year Reserves and Highway Safety Improvement Program Grant Funds and
Authorizing Transfers for the Signal Upgrades Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Signal Upgrades Project (the “Project”). The funds will be used to enhance and
upgrade traffic signals at up to thirty-one locations throughout the City. It is anticipated that the
traffic signal upgrades will increase safety and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$606,410 of HSIP grant funds for the Project; 3) appropriate matching funds from the
Transportation Services funds reserves, 4) move previously appropriated matching funds from
the Transportation Services fund for the Project; and 5) appropriate funds to the Art in Public
Places (“APP”) program.
Page 89
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of Prior Year
Reserves and Highway Safety Improvement Program Grant Funds and Authorizing Transfers for
the Signal Upgrades Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City to receive
and expend federal Highway Safety Improvement Program (“HSIP”) funds and local funds for the Signal
Upgrades Project (the “Project”). The funds will be used to enhance and upgrade traffic signals at up to
thirty-one locations throughout the City. It is anticipated that the traffic signal upgrades will increase safety
and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement (“IGA”) for
the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate $606,410 of HSIP
grant funds for the Project; 3) appropriate matching funds from the Transportation Services funds reserves,
4) move previously appropriated matching funds from the Transportation Services fund for the Project; and
5) appropriate funds to the Art in Public Places (“APP”) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Traffic Operations staff identified ten intersections where there are frequent rear-end crashes on the
approaches to the intersection. Staff proposed to install an additional primary signal head at each of these
locations. In addition, staff proposed to install reflectorized borders and/or backplates to all signal faces at
these locations. These practices have been proven to reduce rear-end crash rates and the severity of these
crashes. In 2022, CDOT awarded the City an HSIP grant to perform the proposed work at these
intersections (see attachment 4, Project Vicinity Map 1).
Traffic Operations staff identified twenty-one intersections on arterial roadways where there are frequent
approach-turn crashes. Staff proposed to install Flashing Yellow Arrow (“FYA”) signal heads at these
locations. This practice has been proven to reduce approach-turn crashes, particularly left-turn crashes. In
2023, CDOT awarded the City an HSIP grant to perform the proposed work at these intersections (see
attachment 5, Project Vicinity Map 2).
Page 90
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, procurement, and installation for the
Signal Upgrades Project.
The total fund amount projected for this Project is $673,789 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This Project was identified in the 2024 work plan for the Traffic Operations Department.
PUBLIC OUTREACH
Staff will develop and implement a Public Engagement Plan for the Project in conjunction with the
Communications and Public Involvement Office.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance (Project Vicinity Maps 1 and 2)
Highway Safety Improvement Program (HSIP) Funds 606,410$
Transportation Services Funds Reserves 39,278$
Transportation Services Funds (previously appropriated)28,775$
Total Funds to be Appropriated per this Action 674,463$
Transfer to Art in Public Places 674$
Total Project Funds 673,789$
Funds to be Appropriated per this Action
Page 91
Item 8.
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ORDINANCE NO. 130, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF PRIOR YEAR
RESERVES AND HIGHWAY SAFETY IMPROVEMENT
PROGRAM GRANT FUNDS AND AUTHORIZING TRANSFERS
FOR THE SIGNAL UPGRADES PROJECT AND RELATED ART
IN PUBLIC PLACES
A. This Ordinance concerns the Signal Upgrades Project (the “Project”) to
upgrade and improve traffic signals at up to thirty-one locations throughout the City to
increase safety and reduce crashes.
B. Traffic Operations staff identified ten intersections where there are frequent
rear-end crashes on the approaches to the intersection. Staff proposed to install an
additional primary signal head and reflectorized borders and/or backplates to all signal
faces at each of these locations. These practices have been proven to reduce rear-end
crash rates and the severity of these crashes. See Exhibit A, Project Vicinity Map 1.
C. In 2022, the Colorado Department of Transportation (“CDOT”) awarded the
City a federal Highway Safety Improvement Program (“HSIP”) grant to perform the signal
head and reflectorized borders/backplates work at the identified ten intersections.
D. Traffic Operations staff identified twenty-one intersections on arterial
roadways where there are frequent approach -turn crashes. Staff proposed to install
Flashing Yellow Arrow (“FYA”) signal heads at these locations. Employing FYAs has been
proven to reduce approach-turn crashes, particularly left-turn crashes. See Exhibit A,
Project Vicinity Map 2.
E. In 2023, the CDOT awarded the City an HSIP grant to perform the FYA
installation work at the identified twenty-one intersections.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
Transportation Services fund reserves and will not cause the total amount appropriated
in the Transportation Services fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this fund during this fiscal year.
H. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
Page 92
Item 8.
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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.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Transportation Services fund and will not cause the total amount appropriated in the
Transportation Services fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this fund during this fiscal year.
J. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
K. The City Manager has recommended the transfer of $28,775 from
Previously appropriated funds in the Transportation Services fund to the Capital Projects
fund and $28,775 from reserves in the Transportation Services fund to the Capital
Projects fund and determined that the purpose for which the transferred funds are to be
expended remains unchanged.
L. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
M. The total Project cost of $67,379 has been used to calculate the contribution
to the APP program.
N. The amount to be contributed in this Ordinance will be $674.
O. A portion 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 Colorado
Department of Transportation, the source of these funds.
P. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
Page 93
Item 8.
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Q. The City Council wishes to designate the appropriation herein for the Signal
Upgrades Project as an appropriation that shall not lapse until the completion of the
Project.
R. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of SIX HUNDRED SIX THOUSAND FOUR HUNDRED TEN
DOLLARS ($606,410) to be expended in the Capital Projects fund for the Signal
Upgrades Project.
Section 2. The unexpended and unencumbered appropriated amount of
TWENTY-EIGHT THOUSAND SEVEN HUNDRED SEVENTY-FIVE DOLLARS:
($28,775) is authorized for transfer from the Transportation Services fund to the Capital
Projects fund and appropriated therein to be expended for the Signal Upgrades Project.
Section 3. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of THIRTY-NINE THOUSAND TWO HUNDRED
SEVENTY-EIGHT DOLLARS ($39,278) to be expended in the Transportation Services
fund for Transfer to the Capital Projects fund and appropriated therein to be expended for
the Signal Upgrades Project.
Section 4, The unexpended and unencumbered ap propriated amount of FIVE
HUNDRED THIRTY DOLLARS ($530) 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 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED THIRTY DOLLARS ($130) 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 6. The unexpended and unencumbered appropriated amount of
FOURTEEN DOLLARS ($14) 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 7. The appropriations herein for the Signal Upgrades Project are
hereby designated, as authorized in Article V, Section 11 of the Cit y Charter, as
Page 94
Item 8.
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appropriations that shall not lapse at the end of this fiscal year but continue until the
completion of the Project.
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Heather N. Jarvis
Page 95
Item 8.
Signal Upgrades
Vicinity Map 1
PROJECT SITE
W DRAKE RD
US
2
8
7
TIMBERLINE/
CUSTER
LEMAY/HORSETOOTH
BOARDWALK/HARMONY
TAFT HILL/
PROSPECT
TAFT HILL/
MULBERRY
MASON/HARMONY
JFK/BOARDWALK
LEMAY/HORSETOOTH
PROSPECT/
RIVERSIDE
MASON/MULBERRY
SHIELDS/PLUM
E MULBERRY ST
PROJECT SITE
PROJECT SITE
PROJECT SITE
EXHIBIT A TO ORDINANCE NO. 130, 2024
Page 96
Item 8.
Signal Upgrades
Vicnity Map 2
Path: C:\Users\feave\Fox Tuttle Dropbox\Fox Tuttle Team Folder\Projects\2023\23012 Fort Collins HSIP & TAP Grant Assistance\GIS\23012 HSIP Projects\23012 HSIP Projects.aprx
¹
0 1 2 3 4
Miles
Project Locations
Date Exported: 2/28/2023 10:56
AM
City of Fort Collins, Bureau of Land Management, Esri, HERE, Garmin, NGA, USGS, NPS
EXHIBIT A TO ORDINANCE NO. 130, 2024
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Item 8.
File Attachments for Item:
9. Second Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property
Rights Relating to the Acquisition of Property in the Loveland Community Separator.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Prairie
Ridge Addition. The Project will conserve 142-acres in fee adjacent to Prairie Ridge Natural
Area in the Loveland Community Separator. The Ordinance will authorize the conveyance of a
conservation easement on the property and a farming lease over the Prairie Ridge property.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tawnya Ernst, Land Conservation Lead Specialist
Julia Feder, Environmental Planning Manager
SUBJECT
Second Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property Rights
Relating to the Acquisition of Property in the Loveland Community Separator.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Prairie Ridge
Addition. The Project will conserve 142-acres in fee adjacent to Prairie Ridge Natural Area in the Loveland
Community Separator. The Ordinance will authorize the conveyance of a conservation easement on the
property and a farming lease over the Prairie Ridge property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City of Loveland, in partnership with Fort Collins and the County, acquired the original 785-acre
Prairie Ridge Natural Area from the Sauer family in 2000. Fee title ownership is split 75% (Loveland) and
25% (Fort Collins).
There are three entities intend to collaborate on the acquisition of a 142-acre addition to Prairie Ridge
Natural Area. Closing is anticipated in October.
Fort Collins, Loveland and Larimer County have collaborated for more than two decades to acquire land
that meets shared conservation goals. The proposed transaction between the three agencies would
authorize Fort Collins to contribute $1,702,332.00 toward the $6.8 million acquisition of the property in
exchange for a 25% ownership interest. Loveland will hold the remaining 75% interest. The County would
receive a conservation easement on property for their financial contribution to the acquisition. The
conservation easement adds an extra layer of protection to the conserved property and ensures it will
remain undeveloped and managed for its conservation values.
Loveland and Fort Collins also intend to continue their long-standing lease arrangement with the Sauer
family. Since the initial acquisition of Prairie Ridge, the Cities have entered into a series of lease
agreements with the Sauers enabling the family to continue dryland farming portions of the natural area
as Loveland gradually restores the property. Currently, the Sauers lease 560 acres of Prairie Ridge. As
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a condition of the upcoming sale, the Sauers requested a modification to the existing lease to include the
142-acre property and to extend the lease term. To accommodate this request and simplify the lease
arrangements, Loveland and Fort Collins will:
Vacate the existing lease with the Sauers and enter into a new lease that incorporates the new and
existing acreage (700 acres total)
Establish a 10-year term for dryland farming
Specify how the Sauer family will work with Loveland to restore agreed upon areas of the property,
i.e.: north end of Prairie Ridge and drainages
Loveland is also collaborating on this initial restoration work with partners including Wildlands Restoration
Volunteers and High Plains Environmental Center to restore existing wetland drainages through Prairie
Ridge. The Sauer family will continue living on their adjacent 10-acre property containing a home and
several agricultural outbuildings.
The project addresses key criteria noted in the Land Acquisition Partnership Guidelines:
The project aligns with the goals of the Council-adopted Natural Areas Master Plan for regional
conservation and partnerships by conserving lands within the Loveland Community Separator.
Larimer County, the City of Loveland and the City have a positive track record of partnerships.
The proposed partnership enhances landscape-scale conservation within the Community
Separator.
CITY FINANCIAL IMPACTS
The total cost to acquire this property is $6,720,000 plus closing and due diligence costs. The purchase
price will be split as follows:
Entity Contribution
Amount
City of Loveland $3,506,996
City of Fort Collins $1,702,332
Larimer County $400,000
Great Outdoors Colorado Grant $1,100,000
Private Donor $40,000
High Plains Foundation $60,000
- Total $6,809,328
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its August 14, 2024, meeting, the Land Conservation and Stewardship Board voted unanimously
to recommend that Council approve an Intergovernmental Agreement with Larimer County and the
City of Loveland to: 1) partner on the acquisition of a 142-acre addition to Prairie Ridge Natural
Area; 2) approve a farming lease with the current landowner; and 3) convey a conservation easement
to Larimer County.
PUBLIC OUTREACH
Natural Areas staff presented the proposed partnership to the Land Conservation and Stewardship
Board in a public meeting on August 14, 2024. Larimer County Open Lands staff presented the
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proposed partnership to the Board of County Commissioners on July 30. Loveland staff presented the
proposed partnership to their Open Lands and Trails Advisory Commission on August 14, 2024, and
will present the project to their City Council on September 3, 2024.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
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Item 9.
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ORDINANCE NO. 131, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF PROPERTY RIGHTS
RELATING TO THE ACQUISITION OF PROPERTY IN THE
LOVELAND COMMUNITY SEPARATOR
A. To meet shared land conservation goals, the City, the City of Loveland
(“Loveland”) and Larimer County (“County”) have been collaborating for more than two
decades on funding partnerships to acquire various open space properties and
conservation easements.
B. The City, Loveland and the County have been working toward the purchase
a 142-acre property (the “Property”) in the Loveland Community Separator adjacent to
the existing 785-acre Prairie Ridge Natural Area. The legal description of the Property is
as follows:
The S ½ of Section 28, Township 6 North, Range 69 West of the 6th P.M.,
County of Larimer, State of Colorado. Except those parcels described in
deeds recorded: May 31, 2000 at Reception No. 2000035785 and October
19, 2016 at Reception No. 20160071291, and except any portion lying within
County Road 19.
C. Concurrently with first reading of this Ordinance, the City Council has
adopted Resolution 2024-110 authorizing an intergovernmental agreement between the
City, Loveland and the County regarding the conservation of the Property (the “IGA”).
D. The County has agreed to contribute $400,000 towards the $6,809,328 total
cost of acquisition of the Property and related costs in exchange for the City’s and
Loveland’s agreement to convey to the County a conservation easement (the
“Conservation Easement”) over the Property. In addition, the State Board of the Great
Outdoors Colorado Trust Fund (“GOCO”) is providing Loveland a grant of $1,100,000
toward the acquisition and GOCO will have approval authority for the Conservation
Easement. The Conservation Easement will ensure that any development on the Property
is limited in size and area to designated “building envelopes”, and that the Property will
be managed to protect its conservation values in perpetuity. The City, Loveland and the
County have also agreed that as part of the Conservation Easement, Loveland will retain
the ability to construct soft surface trails on the Property. The general form of the
Conservation Easement is attached as Exhibit A.
E. The City will also convey a right of first refusal to Loveland in case the City
ever wishes to sell all or a portion of its fee interest in the Property, in which case Loveland
would be able to purchase the fee interest up for sale at fair market value. The right of
first refusal is reciprocal, so if Loveland sells all or a por tion of its fee interest in the
property, the City has the ability to purchase it at fair market value. The IGA provides for
the right of first refusal.
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F. The City and Loveland also intend to continue their lease arrangement with
the Sauer family, which is the seller of the Property (the “Sauers”). Since the initial
acquisition of the 785-acre Prairie Ridge property, the City and Loveland have entered
into a series of lease agreements with the Sauers enabling the family to continue dryland
farming portions of the Prairie Ridge Natural Area as Loveland gradually performs
restoration work there. Currently, the Sauers lease 560 acres of Prairie Ridge Natural
Area. As a condition of the City’s and Loveland’s purchase of the Property, the Sauers
requested a modification to the existing lease to include Property and to extend the lease
term in a new lease (the “Lease”).
G. The Lease will vacate the City and Loveland’s existing lease with the Sauers
and enter into a new lease that incorporates the new and existing acreage, totaling 700
acres. The Lease will require rent for dryland farming, have a 10-year term and specify
how the Sauers will work with Loveland to restore agreed -upon areas of the Property and
Prairie Ridge Natural Area. The form of the Lease is attached hereto as Exhibit B.
H. At its August 14, 2024 meeting, the Land Conservation and Stewardship
Board voted unanimously to recommend that Council approve a farming lease with the
Sauers and convey a conservation easement to the County for the Property.
I. City Code Section 23-111(a) authorizes the City Council to sell, convey or
otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition 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 hereby finds that the City’s conveyance of a
conservation easement on the Property, granting of a right of first refusal on the Property
to Loveland, and conveying a 10-year dryland farming lease to the Sauers on the Property
and the adjacent Prairie Ridge Natural Area as provided herein are in the best interests
of the City.
Section 2. The City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey a conservation easement to the County on terms
and conditions consistent with this Ordinance , including Exhibit A, together with such
terms and conditions and modifications as the City Manager, in consultation with the City
Attorney, determines are necessary or appropriate to protect the interests of the City.
Section 3. The City Council hereby authorizes the Mayor to execute such
documents in addition to the IGA as may be necessary to grant a right of first refusal to
Loveland on terms and conditions consistent with this Ordinance, together with such
terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City.
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Section 4. The City Council hereby authorizes the City Manager to execute
such documents as may be necessary to grant a 10-year dry farming lease to the Sauer
family on terms and conditions consistent with this Ordinance, including Exhibit B,
together with such terms and conditions and modifications as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect
the interests of the City.
Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Ted Hewitt
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EXHIBIT A TO ORDINANCE NO. 131, 2024
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General Form of the
DEED OF CONSERVATION EASEMENT
PRAIRIE RIDGE ADDITION
NOTICE: THIS PROPERTY INTEREST HAS BEEN ACQUIRED IN PART WITH GRANT
#______ (“GRANT”) FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND. THIS DEED OF CONSERVATION EASEMENT CONTAINS RESTRICTIONS
ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO
PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. THE BOARD HAS
FOUND THAT THIS DEED OF CONSERVATION EASEMENT PROVIDES BENEFITS THAT
ARE IN THE PUBLIC INTEREST.
This DEED OF CONSERVATION EASEMENT (“Deed” or “Conservation Easement”
or “Easement”) is granted this _____ day of ______________, 2024 (“Effective Date”), by the
Co-grantors CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation,
having its principal address at 300 LaPorte Avenue, P.O. Box 580, Fort Collins, CO 80522 and
the CITY OF LOVELAND, COLORADO, a Colorado municipal corporation having its
principal address at 500 E 3rd St, Loveland, CO 80537 (hereinafter collectively referred to as
"Grantor"), to and for the benefit of the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF LARIMER, STATE OF COLORADO, whose principal address is 200 W. Oak
Street, Fort Collins, Colorado 80521 (hereinafter referred to as "Grantee"). (Grantor and Grantee
may be individually referred to herein as a “Party” and collectively referred to herein as
“Parties.”) The following exhibits are attached hereto and are incorporated by reference:
Exhibit A - Legal Description and ALTA survey of the Property
Exhibit B - Map of the Property [including roads, features and other
areas designated in this Deed]
Exhibit C - Baseline Acknowledgement
RECITALS
A. Grantor is the sole owner in fee simple of approximately 141.861 acres of real property
located in Larimer County, Colorado more particularly described in Exhibit A attached hereto and
generally depicted on the map attached hereto as Exhibit B (the "Property"). Hereinafter,
“Grantor” means the Grantor described above and successors to, and transferees and assigns of,
Grantor's interest in the Property.
B. The Property possesses relatively natural wildlife habitat and native plant communities,
significant open space, cultural resources, agricultural land and scenic and other aesthetic and
ecological values (the "Conservation Values") of great importance to Grantor, Grantee, the people
of Larimer County and the people of the State of Colorado. In particular, the Property contains
the following characteristics which are also included within the definition of Conservation Values.
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i. Habitat Values: The Property provides relatively natural habitat (lower
montane foothills shrublands) and migration corridors for a broad range of
wildlife species, including mule deer, elk, black bear, mountain lion, coyote,
fox, various small mammals, various reptile and amphibian species, raptors,
and other resident and migratory bird species.
ii. Scenic and Open Space Values: The Property is being conserved for the scenic
enjoyment of the general public. The Property is highly visible from both W.
57th Street and Wilson Avenue in Loveland, CO and provides a viewshed of
the foothills and mountains. Conservation of the Property also protects the
community separator as well as the agricultural heritage of the front range.
iii. Agricultural Land Values: The Property is suitable for Dryland wheat farming
and limited livestock grazing.
iv. Recreational Values: Conservation of the Property will provide potential for
future public access for appropriate non-motorized trail-based recreation such
as walking, hiking, horseback riding, and biking.
C. Conservation of this property is consistent with the following federal, state and local
governmental policies:
i. C.R.S. § 33-1-101, et seq., provides in relevant part that "[i]t is the policy of
the state of Colorado that the wildlife and their environment are to be protected,
preserved, enhanced, and managed for the use, benefit, and enjoyment of the
people of this state and its visitors."
ii. C.R.S. § 38-30.5-101, et seq., provides for the establishment of conservation
easements to maintain land "in a natural, scenic, or open condition, or for
wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest,
or other use or condition consistent with the protection of open land,
environmental quality or life-sustaining ecological diversity, or appropriate to
the conservation and preservation of buildings, sites, or structures having
historical, architectural, or cultural interest or value.”
iii. Larimer County’s Comprehensive Plan (2019) includes the following
principles and policies:
- “Larimer County supports and encourages the conservation,
stewardship, and resiliency of our natural resources, wildlife habitat and
ecosystems” (Sec. W&NR1).
- “Larimer County promotes conservation of healthy, sustainable
agricultural land and water resources” (Sec. W&NR2).
- “Protect and provide adequate water resources for current and future
uses in the County…” (Sec. W&NR3; 3.5).
iv. Larimer County Open Lands Master Plan (2015) Chapter 3 establishes
“priority areas” for conservation including the Laramie Foothills, Livermore,
Buckeye, Buckhorn/Redstone, and Blue Mountain areas as well as partnership
areas in Estes Valley, the Foothills Corridor, Bellvue, the Wellington Separator
and the Laramie River Valley and states that “the Open Lands Program will
primarily focus on the natural landscapes, areas of high ecological value, river
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corridors, and agricultural priorities areas with willing landowners beyond
municipal Growth Management Areas.” Additionally, the Larimer County
Open Lands Master Plan identifies the Big Thompson River, Little Thompson
River and Cache La Poudre River corridors as “priority areas” for
conservation.
v. Larimer County Open Lands Master Plan (2015) Chapter 3 also emphasizes
agricultural and water rights conservation, stating that “Agriculture is an
economically important land use and is integral to the local history of Larimer
County and its communities. Preservation and interpretation of this important
and declining land use is a benefit to the community for its food production,
as a cornerstone of the local economy, as an urban delineator, providing
community connection to the rural culture, and for historical context…
Ensuring water availability for agriculture… is critical to sustaining
conservation values throughout Larimer County.”
vi. Larimer County Environmental Responsibility Policy states that Larimer
County will "make every effort to protect the environmental integrity of the
County's natural resources by developing policy to address these 11
environmental issues: Wildlife Habitats and Migration Corridors, Threatened
and endangered species, Unique vegetation and critical plant communities,
Wetlands/riparian/waterways, Aquatic/water quality,
Hydrology/Groundwater, Unique Geological features, Agriculture,
Viewsheds, Air Quality, Cultural and Traditional use features."
vii. Larimer County’s Right to Farm and Ranch Policy (1998) states that
“Ranching, farming, and all manner of agricultural activities and operations
within and throughout Larimer County are integral elements of and necessary
for the continued vitality of the County’s history, economy, landscape, open
space, lifestyle and culture. Given their importance to Larimer County,
Northern Colorado, and the State, agricultural lands and operations are worthy
of recognition and protection.”
viii. The Western Governors’ Association Policy Resolution 2021-04 states that the
“Western Governors support all reasonable proactive management efforts to
conserve species and the ecosystems upon which they depend to sustain
populations of diverse wildlife and habitats, preclude the need to list a species
under the ESA, and retain the West’s wildlife legacy for future generations.
Western Governor’s also support initiatives that engage stakeholders to
develop incentives for early, voluntary conservation measures to address
multiple threats to species while preserving and enhancing western working
landscapes.”
ix. The Colorado Department of Transportation statutes, C.R.S. § 43-1-401, et
seq., provide that the "preservation and enhancement of the natural and scenic
beauty of this state" is a substantial state interest.
x. Priority III of Colorado’s Statewide Comprehensive Outdoor Recreation Plan
(SCORP) 2019-2023 is land, water, and wildlife conservation and the goal of
Priority III is “Private and public lands and waters are conserved to support
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sustainable outdoor recreation, the environment, and wildlife habitat.
Objective I of Priority III is to advance landscape-scale conservation.
xi. Colorado’s 2015 State Wildlife Action Plan (SWAP) contains the following
guiding principles:
- “Encourage and support conservation actions that meet the
needs of Species of Greatest Conservation Need;
- Acknowledge the pivotal role that private landowners and
local stakeholders play in conservation;
- Maintain an atmosphere of cooperation, participation, and
commitment among wildlife managers, landowners, private and public land
managers, and other stakeholders in development and implementation of
conservation actions.”
xii. The City of Loveland Parks, Recreation, Open Lands & Trails Master Plan
2023, Section V. Standards, Guidelines and Policies, identifies Natural
Resource and Wildlife Areas to support resource and habitat conservation or
protection in areas that provide an ecological or environmental benefit to the
community, and Regional Open Lands and Trails to support open lands that
enhance connectivity to regional trail, protect viewsheds or unique landmarks,
or otherwise provide a unique benefit to City residents.
xiii. The City of Fort Collins Natural Areas Master Plan (2014) states that “the
mission of the Natural Areas Department is to conserve and enhance lands with
natural resource, agricultural, and scenic values, while providing meaningful
education and appropriate recreation opportunities.”
xiv. A Plan for the Region Between Fort Collins & Loveland (1995) which
prioritizes the preservation of open lands to protect views to foothills, preserve
rural character and maintain a sense of separation between communities.
D. Grantor intends that the Conservation Values be preserved and protected in perpetuity, and
that the Deed prohibit any uses that would materially adversely affect the Conservation Values or
that otherwise would be inconsistent with the Purpose (defined below). The Parties acknowledge
and agree that uses expressly permitted by this Deed and Grantor’s land use patterns existing on
the Property as of the Effective Date (as defined in Section 26, below) do not materially adversely
affect the Conservation Values and are consistent with the Purpose.
E. By granting this Deed, Grantor further intends to create a conservation easement interest
that binds Grantor and future owners of the Property and to convey to Grantee the right to preserve
and protect the Conservation Values in perpetuity.
F. Grantee is a governmental subdivision of the State of Colorado, with an open space
program dedicated to land conservation, and a “qualified organization” under I.R.C. § 170(h) and
Treas. Reg. § 1.170A-14(c), whose primary purpose is to preserve and protect significant open
space, natural areas, wildlife habitat, and develop parks and trails for present and future
generations.
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G. Grantee is qualified to hold conservation easements as a governmental entity under C.R.S.
§ 38-30.5-104, et seq., which provides for conservation easements to maintain land and water in a
natural, scenic or open condition, for wildlife habitat, or for agricultural and other uses or
conditions consistent with the protection of open land in Colorado.
H. Larimer County is certified as license number CE035 by the State of Colorado’s Division
of Conservation pursuant to C.R.S. § 12-15-104 and 4 C.C.R. 752-1, Chapter 2, to hold
conservation easements for which a tax credit is claimed.
I. Funding for this project has been provided in part by the Great Outdoors Colorado Trust
Fund program. The voters of the State of Colorado by adoption of Article XXVII to the
Constitution of the State of Colorado, the legislature of the State of Colorado by adoption of
enabling legislation, and the State Board of the Great Outdoors Colorado Trust Fund (“Board”) ,
by adopting and administering competitive grants application and rigorous due diligence review
processes, have established that it is the policy of the State of Colorado and its people to preserve,
protect, enhance and manage the state’s wildlife, park, river, trail and open space heritage, to
protect critical wildlife habitats through the acquisition of lands, leases or easements, and to
acquire and manage unique open space and natural areas of statewide significance.
J. Grantee agrees by accepting this Deed to preserve and protect in perpetuity the
Conservation Values for the benefit of this and future generations.
NOW, THEREFORE, pursuant to the laws of the State of Colorado, and in particular
C.R.S. § 38-30.5-101, et seq., and in consideration of the recitals set forth above and the mutual
covenants, terms, conditions, and restrictions contained in this Deed, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor voluntarily
grants and conveys to Grantee, and Grantee voluntarily accepts, a conservation easement in gross
in perpetuity over the Property for the Purpose set forth below and of the nature and character and
to the extent set forth in this Deed.
1. PURPOSE. The purpose of this Deed is to preserve and protect in perpetuity the
Conservation Values as they exist upon the Effective Date and as they may evolve in the future,
in accordance with I.R.C. § 170(h), Treas. Reg. § 1.170A-14 and C.R.S. § 38-30.5-101, et seq.
(“Purpose”). To effectuate the Purpose, Grantor and Grantee agree: (i) to allow those uses of the
Property that are expressly permitted by this Deed, subject to any limitations or restrictions stated
in this Deed, and those uses of the Property that do not materially adversely affect the Conservation
Values; and (ii) to prevent any use of the Property that is expressly prohibited by this Deed or will
materially adversely affect the Conservation Values. Notwithstanding the foregoing, nothing in
this Deed is intended to compel a specific use of the Property, such as agriculture, other than the
preservation and protection of the Conservation Values.
2. BASELINE DOCUMENTATION REPORT. The Parties acknowledge that a written
report has been prepared by Colorado Natural Heritage Program and has been reviewed and
approved by the Parties, which documents the Property’s condition as of the Effective Date (the
“Baseline Report”). The Baseline Report contains a natural resources inventory of the Property
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and also documents existing improvements on and current uses of the Property. A copy of the
Baseline Report shall be kept on file with each Party and by this reference made a part of this
Deed. The Parties acknowledge that the Baseline Report is intended to establish and accurately
represents the condition of the Property as of the Effective Date, and the Parties have
acknowledged the same in a signed statement, a copy of which is attached as Exhibit D. The
Parties will use the Baseline Report to ensure that any future changes to the Property are consistent
with the Purpose. However, the Parties agree that the existence of the Baseline Report shall in no
way limit the Parties’ ability to use other pertinent information in resolving any controversy that
may arise with respect to the condition of the Property as of the Effective Date.
3. RIGHTS OF GRANTEE. To accomplish the Purpose, in addition to the rights of the
Grantee described in C.R.S. § 38-30.5-101, et seq., and the rights of Grantee described elsewhere
in this Deed, the Deed conveys the following rights to Grantee:
a. To preserve and protect the Conservation Values in perpetuity;
b. To enter upon the Property at reasonable times to monitor Grantor's compliance
with and, if necessary, to enforce the terms of this Deed. Such entry shall be made upon prior
reasonable notice to Grantor, except in the event Grantee reasonably determines that immediate
entry upon the Property is necessary to prevent or mitigate a violation of this Deed. In the case
where Grantee has determined that immediate entry is necessary, a reasonable attempt will be
made to notify Grantor prior to such entry. Grantee shall not unreasonably interfere with Grantor's
use and quiet enjoyment of the Property when exercising any such rights;
c. To prevent any activity on or use of the Property that is inconsistent with the
Purpose or the express terms of this Deed and to require the restoration of areas or features of the
Property that may be damaged by any inconsistent use; and
d. To require Grantor to consult with Grantee regarding the negotiations of any and
all agreements between Grantor and third parties that may impact or disturb any portion of the
surface of the Property, including but not limited to easement agreements, utility easements, right-
of-way agreements, surface use agreements, and lease agreements (other than those specifically
related to the agricultural operations of the Property), and to have the right to approve any such
agreement prior to such agreement being executed. Nothing in this Deed is intended to require
Grantee to approve any action or agreement that is inconsistent with the terms of this Deed.
4. RESERVED RIGHTS. Subject to the terms of this Deed, Grantor reserves to Grantor,
and to Grantor’s personal representatives, heirs, successors, and assigns, all rights accruing from
Grantor’s ownership of the Property, including (i) the right to engage in or permit or invite others
to engage in all uses of the Property that are expressly permitted by this Deed, subject to any
limitations or restrictions stated in this Deed, and those uses of the Property that do not materially
adversely affect the Conservation Values; and (ii) to retain the economic viability of the Property
and retain income derived from the Property from all sources, unless otherwise provided in this
Deed, that are consistent with the terms of this Deed. Grantor may not, however, exercise these
retained rights in a manner that is expressly prohibited by this Deed or that materially adversely
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affects the Conservation Values. Without limiting the generality of the foregoing, Grantor reserves
the specific rights set forth below.
a. Right to Convey. Grantor may sell, give, lease, bequeath, devise, mortgage,
or otherwise encumber or convey the Property, subject to the following: (i) any lease, deed, or
other conveyance or encumbrance is subject to this Deed, and any such document shall specifically
incorporate the terms and conditions of this Deed by reference to this Deed; (ii) any lease or deed
or other conveyance document shall specifically state which reserved rights have been exercised,
if at all, and which reserved rights are specifically allocated to the new owner or lessee; and (iii)
notice of any proposed conveyance or encumbrance as set forth in this Section 4.a shall be subject
to the provisions of Section 19 of this Deed.
b. Land Management. To accomplish the preservation and protection of the
Conservation Values in perpetuity, Grantor shall operate, manage and maintain the Property in a
manner that promotes the continued viability of the natural resources on the Property while
maintaining any permissible productive uses of the Property, subject to the provisions of Section
6 of this Deed. Specifically, Grantor agrees to conduct the activities listed below in a manner
consistent with the Purpose. Notwithstanding the foregoing, Grantor and Grantee recognize that
changes in economic conditions, in agricultural technologies, in accepted farm, ranch and forest
management practices, and in the situation of Grantor may result in an evolution of agricultural,
silvicultural, and other uses of the Property, and such uses are permitted if they are consistent with
the Purpose.
(1) Habitat Management. Grantor may conduct any activities to create,
maintain, restore, or enhance wildlife habitat and native biological communities on the
Property, provided that such activities do not have more than a limited, short-term adverse
effect on the Conservation Values.
(i) Weed/Pest Management. Management of land to control erosion,
growth of weeds, rodents, pests, insects and pathogens, fire danger and other threats
is permitted consistent with applicable laws and regulations and in keeping with
maintenance of the Conservation Values of the Property, and in accordance with
the Land Management Plan described in Section 6 below. The Grantor agrees to
manage noxious weeds in accordance with the requirements of Larimer County, the
State of Colorado, and other applicable agencies.
(ii) Maintenance/Restoration. Maintenance, stabilization, replacement,
or restoration of existing springs, wetlands, ditches, and rangeland are permitted if
and to the extent consistent with the Purpose and the terms of this Deed.
(iii) Prescribed Fire. Igniting outdoor prescribed fires for ecological
purposes shall be allowed on the Property, provided that such activity is conducted
in accordance with accepted prescribed burn practices, all applicable laws or
regulations, and the Land Management Plan described in Section 6 below.
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(2) Agriculture. Grantor reserves the right to use the Property for agricultural
crops, grazing cattle, and domestic livestock including the lease of the property to
individuals who intend to use the property for the same. Grantor shall conduct all
agricultural activities using stewardship and management methods such as NRCS best
practices that preserve the natural resources upon which agriculture is based, and will
require that any tenant of the property conducts their operations in the same manner. Long-
term stewardship and management goals include preserving soil productivity, maintaining
natural stream channels, preventing soil erosion, minimizing and controlling invasive
species, avoiding unsustainable livestock grazing practices, and minimizing loss of native
vegetative cover.
(i) Grazing. Livestock grazing is permitted in accordance with sound
stewardship and management practices, and in a manner that such activity does not
result in overgrazing or material environmental degradation of the Property.
Livestock grazing shall be managed so that the overall condition of the Property is
preserved at its baseline condition and in no event in less than “fair” condition (as
defined by an applicable U.S. Department of Agriculture - Natural Resources
Conservation Service Technical Guide). For the purposes of this Deed “livestock”
shall mean cattle, sheep, goats, llamas, alpaca, and bison. The raising of other
livestock and/or game animals shall not be permitted unless specifically approved
by the Grantee and described in the Land Management Plan. The Grantor shall
comply with and have responsibility for compliance of the Property with the
Colorado Noxious Weed Act and any other governmental noxious weed control
regulations.
(3) Timber Management. Grantor may plant native trees on the Property. Trees
may be cut to control insects and disease, to control invasive non-native species, to prevent
personal injury and property damage, to promote forest health, and for fire mitigation
purposes including limited and localized tree and vegetation thinning and the creation of
defensible space for permitted improvements. Dead trees may also be cut for firewood and
other uses on the Property. Any large-scale fire mitigation activities or commercial timber
harvesting on the Property shall be conducted on a sustainable yield basis and in substantial
accordance with a forest management plan prepared by a competent professional forester.
Any large-scale fire mitigation activities or timber harvesting shall be conducted in a
manner that is consistent with the Purpose. A copy of the forest management plan shall be
approved by Grantee and provided to the Board prior to any large-scale fire mitigation
activities or commercial timber harvesting.
c. Recreational Activities. Grantor reserves the right to engage in non-commercial,
non-motorized recreational activities, such as horseback riding, hiking, mountain biking, cross-
country skiing, snowshoeing, and other similar trail-based, low-impact recreational uses, and to
make the Property available to the public for such uses, in accordance with an adopted Land
Management Plan and Section 12 below. Recreational trail activities for public use in the future
are permitted in accordance with Section 4.d(2) of this Deed. Grantor reserves the right to impose
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such usage fees and accommodation rental fees as are reasonable by contemporary standards from
time to time to help it defray its maintenance and operating costs associated with the Property, and
may impose other reasonable terms, conditions, rules and regulations on public access and use;
and Grantor may impose and enforce such closures of areas of the Property to public use and access
as Grantor, in the reasonable exercise of its discretion, deems necessary and appropriate.
d. Residential and Non-Residential Improvements. There are no Residential or Non-
Residential Improvements, as defined below, existing on the Property as of the Effective Date.
Grantor reserves the right to construct, place, enlarge and improve Non-Residential Improvements,
the locations of which are limited to the area within the Building Envelope described in Section
4.d(1), with the prior written approval of Grantee, and Grantor shall provide prior notice of such
construction to Grantee in accordance with Section 7 of this Deed. Grantor reserves the right to
construct Minor Non-Residential Improvements, as defined below, within or outside of the
Building Envelope, without Grantee’s approval. Once constructed, Grantor may remove,
maintain, repair and replace such Non-Residential Improvements and Minor Non-Residential
Improvements in their initially constructed locations without Grantee’s approval. The construction
or placement of any Residential Improvements on the Property (within or outside of the Building
Envelope) is prohibited.
“Residential Improvements” shall mean covered improvements containing habitable space
intended for full- or part-time human habitation, including but not limited to homes, cabins,
guest houses, mobile homes, yurts, tepees, and any space attached to any such improvement
such as a garage or covered porch. This definition of residential improvements is not intended
to include short-term campground accommodations, such as tents or recreational vehicles.
“Non-Residential Improvements” shall mean all other covered or uncovered non-residential
improvements that may be intended for public use but are not intended for human habitation,
including but not limited to trailhead parking areas (including vault toilets, shelters and
kiosks), parking lots, picnic areas, entrance gates and fee stations, and non-residential
improvements commonly associated with campground facilities (including tent pads,
recreational vehicle hook-ups, bathrooms with flush toilets and shower houses). Such non-
residential improvements shall also include improvements intended to support the
management and operation of the Property as an open space, including but not limited to
equipment sheds and well houses.
“Minor Non-Residential Improvements” shall mean minor agricultural or non-residential
improvements including but not limited to fences (subject to the terms of Section 4.f of this
Deed), gates, corrals, cisterns, stock tanks, stock ponds, troughs, livestock feeding stations,
wildlife viewing platforms, sprinklers, water lines, water wells, ditches, trail markers
(including trail-based interpretive signs), site signs and trash receptacles.
In no case shall any structure be built on the Property within three hundred (300) feet of any stream,
surface spring running water all year, or wetland, as identified in the Baseline Report or as may
subsequently develop or be determined to exist on the Property, with the exception of water facilities
(wells) described in Section 5.h. below. No structure shall exceed thirty (30) feet in height, as
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measured from the average elevation of the finished grade to the highest point of the structure, unless
approved by Grantee. Any anticipated construction not defined in the Management Plan shall
require Grantee approval. All development and construction must comply with local, state, and
federal requirements.
(1) Building Envelope. Grantor may designate one Building Envelope totaling
no more than _____________________ (___) acres. The specific location of the Building
Envelope will be determined by Grantor after the conveyance of this Deed. Prior to
construction of any Non-Residential Improvements within the Building Envelope, Grantor
shall present Grantee with a plan describing and depicting the proposed boundaries of the
Building Envelope within the Building Area. Grantee shall review the proposed location
of the Building Envelope to ensure that it is located wholly within the Building Area. Upon
acknowledgment that the boundaries of the proposed Building Envelope are located wholly
within the Building Area, Grantor shall, at its expense, describe and depict the boundaries
of the Building Envelope using a survey and provide a copy of such survey to Grantee.
Grantor and Grantee shall execute and record an addendum to this Deed that utilizes the
survey describing and depicting the exact boundaries of the Building Envelope, titled
Exhibit E (“Building Envelope Survey”). After the addendum is properly executed and
recorded, new Non-Residential Improvements may be built within the Building Envelope
subject to the following limitations:
(i) There are no limits on the number or square footage of Non-
Residential and Minor Non-Residential Improvements allowed within the Building
Envelope. Any improvements or the enlargement of existing improvements shall
be made in such a manner that will not substantially diminish or impair the
conservation values of the Property. The intent of this allowance is to give Grantor
the flexibility to accommodate the variety of facilities needed to support public
recreational access and the management of such access on the Property.
(ii) The maximum height of all Non-Residential and Minor Non-
Residential Improvements shall not exceed thirty (30) feet.
(iii) Small scale wind or solar energy generation equipment for onsite
use may be installed subject to the Larimer County building code and Section 4.g
herein.
e. Roads and Trails. Maintenance of existing Roads and Trails (in existence at the
time of the Effective Date) is permitted. “Roads” shall mean any road that is graded, improved
or maintained, including seasonal unimproved roads and two-track roads. “Trails” shall mean
any unimproved or improved path or paved or unpaved trail constructed or established by human
use, but shall not include game trails established and solely used by wildlife or cattle trails
established and solely used by cattle.
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(1) Roads. Grantor shall not construct or establish any new Road without
express written permission of Grantee. Any such road will not be wider than necessary to
provide access for all permitted uses or to meet local codes for width of access to
improvements permitted by this Deed. Grantor may reconstruct existing roadways, as
shown on Exhibit B and described in the baseline report, if necessitated by natural causes
beyond Grantor’s control, including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such causes.
Such reconstructed roads shall be in the same location, width and level of improvement
as pre-existed.
(2) Trails. While the Property is owned by the Grantor, the City of Loveland
may construct unpaved trails of such number, type and nature as are normally associated
with a natural area that is opened to the public for limited use. The City of Loveland will
work with Grantee on the location of any potential future trail alignments by providing
notice and accepting input on the extent and location of such trails to ensure their
compliance with the Purpose of this Deed. Trail construction by an owner other than the
City of Loveland shall be subject to prior written approval by the Grantee in its
discretion. The City of Loveland may also install directional, educational, safety signs,
benches or other customary trail improvements.
f. Fences. Existing fences may be maintained, repaired and replaced and new
fences may be installed for purposes of reasonable and customary management of livestock, and
for separation of ownership and other uses. Replacement and new fencing shall be installed in a
manner that is not inconsistent with the preservation and protection of the Conservation Values
of the property and shall permit the movement of wildlife across the property, following then
current Colorado Parks and Wildlife wildlife-friendly fence standards. Low profile fencing that
is designed to blend with or complement the natural and scenic features of the landscape should
be incorporated where viewed from public vantage points.
g. Utility Improvements. If otherwise permitted in an instrument recorded as of the
Effective Date, or approved by Grantor after notice to Grantee is provided in accordance with
Section 7 of this Deed, existing energy generation or transmission infrastructure and other
existing utility improvements, if any, may be repaired or replaced with an improvement of
similar size and type at their current locations on the Property without further permission from
Grantee. Utility improvements include but are not limited to: (i) natural gas distribution
pipelines, electric power poles, transformers, and lines; (ii) telephone and communications
towers, poles, and lines; (iii) septic systems; (iv) water wells, domestic water storage and
delivery systems; and (v) renewable energy generation systems including, but not limited to,
wind, solar, geothermal, or hydroelectric for use on the Property (“Utility Improvements”).
Utility Improvements may be enlarged or constructed on the Property, subject to the restrictions
below and provided that they are consistent with the Purpose. Nothing in this section shall be
construed to permit large-scale or commercial utility improvements.
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1) Additional Requirements. Prior to the enlargement or construction of any
Utility Improvements on the Property, Grantor shall seek approval for such enlargement
or construction from Grantee in accordance with Section 7 of this Deed. Following the
repair, replacement, enlargement or construction of any Utility Improvements, Grantor
shall promptly restore any disturbed area to a condition consistent with the Purpose. No
Utility Improvement shall exceed thirty (30) feet in height.
(2) Alternative Energy.
(i) Wind, solar, and hydroelectric generation facilities that are
primarily for the generation of energy for use on the Property in conjunction with
those activities permitted by this Deed (collectively “Alternative Energy
Generation Facilities”) may be constructed in accordance with this Section 4.f.
Notwithstanding the foregoing, no approval of Grantee shall be required if the
Alternative Energy Generation Facilities permitted by this Section 4.f are
installed in conjunction with the operation of an agricultural improvement as
described in Section 4.b of this Deed. Any other Alternative Energy Generation
Facility may only be constructed with the prior written approval of Grantee in
Grantee’s sole discretion. Without limiting Grantee’s right to withhold such
approval in its sole discretion, factors which Grantee may consider in determining
whether to grant such approval shall include, but not be limited to, (a) whether the
installation and siting would substantially diminish or impair the Conservation
values, (b) the physical impact of the proposed facility on the Conservation
Values, (c) the feasibility of less impactful alternatives, and (d) such other factors
as Grantee may determine are relevant to the decision. The construction of
Alternative Energy Generation Facilities that are not for use primarily in
conjunction with those activities permitted by this Deed are prohibited anywhere
on the Property. Nothing in this Section 4.f shall be construed as permitting the
construction or establishment of a commercial wind farm or solar energy
production facility.
(ii) Any energy generated by Alternative Energy Generation Facilities
constructed in accordance with this Section 4.f that is incidentally in excess of
Grantor’s consumption may be sold, conveyed, or credited to a provider of retail
electric service to the extent permitted by Colorado law.
(iii) In the event of technological changes or legal changes that make
“expanded” Alternative Energy Generation Facilities more compatible with I.R.C.
Section 170(h) or any applicable successor law, Grantee in its sole discretion may
approve expanded Alternative Energy Generation Facilities that would not
substantially diminish or impair the Conservation Values. For the purposes of
this Section 4.f, the term “expanded” shall mean the development of Alternative
Energy Generation Facilities to an extent that is greater than the level permitted
by Section 4.f.
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g. Historic Structures. Grantor shall have the right to maintain any historic or cultural
features on the Property.
5. PROHIBITED AND RESTRICTED USES. Any activity on or use of the Property
inconsistent with the Purpose of this Conservation Easement or that would materially adversely
affect the Conservation Values is prohibited, and Grantor acknowledges and agrees that it will not
conduct, engage in or permit any such use or activity. Without limiting the generality of the
foregoing, the following uses of, or activities on, the Property, though not an exhaustive list, are
inconsistent with the Purpose and are expressly prohibited:
a. Development Rights. As of the Effective Date, no structures (residential or non-
residential) exist on the Property. To fulfill the Purpose, Grantor hereby conveys to Grantee all
development rights, except those expressly reserved by Grantor herein, deriving from, based upon,
or attributable to the Property in any way, including but not limited to, all present and future rights
to divide the Property for the purpose of development into residential, commercial, or industrial
lots or units or to receive density or development credits for the same for use off of the Property
(“Grantee’s Development Rights”). The parties agree that Grantee’s Development Rights shall
be held by Grantee in perpetuity in order to fulfill the Purpose, and to ensure that such rights are
forever released, terminated and extinguished as to Grantor, and may not be used on or transferred
off of the Property to any other property or used for the purpose of calculating density credits or
permissible lot yield of the Property or any other property.
b. Improvements.
(1) Residential Improvements. Grantor shall not construct or place any
Residential Improvements on the Property. Residential Improvements are defined in
Section 4.d of this Deed.
(2) Non-Residential, and Minor Non-Residential Improvements. Grantor shall
not construct or place any Non-Residential Improvements or Minor Non-Residential
Improvements on the Property except in accordance with Section 4.d of this Deed. The
construction or placement of Non-Residential Improvements outside of the Building
Envelope described in Section 4.d(1) is prohibited.
(3) Recreational and Commercial Improvements. Grantor shall not construct
or place any new recreational improvements on the Property, including but not limited to,
athletic fields, golf courses or ranges, racetracks, airstrips, helicopter pads, zip lines, or
shooting ranges, except as allowed for those uses specifically reserved in Section 4.c
above. No campsites or campgrounds shall be allowed outside the designated Building
Envelope.
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c. Subdivision. Division or subdivision of the Property, physically or by legal
process, including partition, is strictly prohibited. At all times the Property shall be owned,
conveyed and transferred subject to the terms of this Conservation Easement, and any such transfer
shall convey the Property in its entirety, regardless of whether the Property consists of separate
parcels as of the Effective Date, was acquired as separate parcels, or is treated as separate parcels
for property tax or other purposes.
d. Removal of Vegetation and Timber Harvesting. Except as set forth in Section 4.b
of this Deed, Grantor may not remove any vegetation, including shrubs and trees, or harvest any
timber from the Property.
e. Sodbusting. Sodbusting of native habitat is prohibited, including but not limited to
grassland, riparian, forest and wetland habitats. Sodbusting is defined as the practice of breaking,
tilling, and/or turning over virgin soils not previously farmed. This prohibition extends to
previously farmed areas that have been restored to native vegetation.
f. Mineral and Hydrocarbon Extraction. As of the Effective Date, Grantor does not
own all of the coal, oil, gas, hydrocarbons, sand, soil, gravel, rock and other minerals of any kind
of description (the “Minerals”) located on, under, or in the Property or otherwise associated
with the Property. For this reason, a minerals assessment report has been completed by
_____________ dated _____________, in compliance with I.R.C. § 170(h)(5)(b)(ii) and Treas.
Reg. § 1.170A-14(g)(4). The report concludes that, as of the Effective Date, the probability of
extraction or removal of Minerals from the Property by any surface mining method is so remote
as to be negligible. This Deed expressly prohibits the mining or extraction of Minerals using any
surface mining method. Grantor may permit subsurface access to Minerals from locations off
the Property, provided that Grantor shall not permit such subsurface access to disturb the
subjacent and lateral support of the Property or to materially adversely affect the Conservation
Values. Notwithstanding the foregoing, Grantor and Grantee may permit mineral extraction
utilizing methods other than surface mining if the method of extraction has a limited, localized
impact on the Property that is not irremediably destructive of the Conservation Values.
However, Grantor and Grantee agree that the following provisions shall apply to any proposed
mineral extraction by Grantor or any third party, as applicable:
(1) Soil, Sand, Gravel and Rock. Grantor may extract soil, sand, gravel or
rock without further permission from Grantee so long as such extraction: (i) is solely for
use on the Property for non-commercial purposes; (ii) is in conjunction with activities
permitted in this Deed, such as graveling roads and creating stock ponds; (iii) is
accomplished in a manner consistent with the preservation and protection of the
Conservation Values; (iv) does not involve disturbing by such extraction more than one
half-acre (0.5 acres) of the Property at one time, and uses methods of mining that may
have a limited and localized impact on the Property but are not irremediably destructive
of the Conservation Values; (v) does not result in the establishment of new roads; (vi) is
reclaimed within a reasonable time by refilling or some other reasonable reclamation
method for all areas disturbed, including revegetation with appropriate seed mix to match
the vegetation that was on-site prior to the disturbance; and (vii) does not disturb the
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subjacent and lateral support of the Property. This provision shall be interpreted in a
manner consistent with I.R.C. § 170(h), as amended, and the Treasury Regulations
adopted pursuant thereto.
(2) Oil and Gas. As of the Effective Date there are no active oil or gas wells on
the Property. Grantor, or a third party permitted by Grantor, may explore for and extract
oil and gas owned in full or in part by Grantor, provided Grantor ensures that such activities
are conducted in a manner that does not constitute surface mining and complies with the
following conditions:
(i) The exploration for or extraction of oil, gas and other hydrocarbons
is conducted in accordance with a plan (the “Oil and Gas Plan”), prepared at
Grantor’s expense and approved in advance by Grantee. The Oil and Gas Plan shall
describe: (a) the specific activities proposed; (b) the specific land area to be used
for well pad(s), parking, staging, drilling, and any other activities necessary for the
extraction of oil and gas, and the extent of the disturbance of such land area before
and after reclamation; (c) the location of facilities, equipment, roadways, pipelines
and any other infrastructure to be located on the Property; (d) the method of
transport of oil or gas produced from the Property; (e) the method of disposal of
water, mining byproducts and hazardous chemicals produced by or used in the
exploration and development of the oil or gas; (f) the proposed operation
restrictions to minimize the impacts on the Conservation Values, including noise
and dust mitigation and any timing restrictions necessary to minimize impacts to
wildlife; (g) the reclamation measures necessary to minimize disturbance to and
reclaim the surface of the Property, including restoring the soils to the original
contours and replanting and re-establishing native vegetation using specific seed
mixes and processes to ensure successful re-vegetation of the Property, including
and in addition to those measures required by law; and (h) remedies for damages to
the Conservation Values.
(ii) No tank batteries, refineries, secondary production facilities,
compressors, gas processing plants, or other similar facilities may be located on the
Property.
(iii) Areas of surface disturbance shall be mitigated promptly in
accordance with the Oil and Gas Plan.
(iv) Travel for the purpose of oil or gas development shall be restricted
to existing roads or to new roads approved in advance in writing by Grantee as part
of the Oil and Gas Plan.
(v) Well facilities shall either be placed underground, or screened or
concealed from view by the use of existing topography, existing native vegetation,
newly planted but native vegetation, and/or use of natural tone coloring. Pipelines
shall be located underground along or under existing roadways.
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(vi) Drilling equipment may be located above ground without
concealment or screening, provided that such equipment shall be promptly removed
after drilling is complete.
(vii) Any soil or water contamination due to the exploration for or
extraction of oil or gas must be promptly remediated at the expense of Grantor.
(viii) Any water, mining byproducts or hazardous chemicals produced by
or used in the exploration and development of the oil or gas shall not be stored or
disposed of on the Property.
(ix) Flaring to enhance oil production is prohibited; flaring for
emergencies or operational necessity is permitted.
(x) Grantor shall not allow use of the Water Rights for any oil and gas
activities.
(xi) Grantor shall restore the well pad to the smallest footprint required
post drilling as soon as initial drilling operations cease.
(xii) Grantee shall be released, indemnified and held harmless by the oil
and gas operator, provided the operator is not the Grantor, from any liabilities,
damages, or expenses resulting from any claims, demands, costs or judgments
arising out of the exercise of any rights by Grantor, any lessees or third parties
relating to the exploration for or extraction of oil, gas or hydrocarbons.
(3) Third-Party Mineral Extraction. If a third party owns all, or controls some,
of the Minerals, and proposes to extract Minerals from the Property, Grantor shall
immediately notify Grantee in writing of any proposal or contact from a third party to
explore for or develop the Minerals on the Property. Grantor shall not enter into any lease,
surface use agreement, no-surface occupancy agreement, or any other instrument related
to Minerals associated with the Property (each, a “Mineral Document”), with a third party
subsequent to the Effective Date without providing a copy of the same to Grantee prior to
its execution by Grantor for Grantee’s review and approval. Any Mineral Document shall
require that Grantor provide notice to Grantee whenever notice is given to Grantor, require
the consent of Grantee for any activity not specifically authorized by the instrument, and
give Grantee the right, but not the obligation, to object, appeal and intervene in any action
in which Grantor has such rights. Any Mineral Document must either (i) prohibit any
access to the surface of the Property or (ii) must (a) limit the area(s) of disturbance to a
specified area(s); (b) include provisions that ensure that the proposed activities have a
limited, localized impact on the Property that is not irremediably destructive of the
Conservation Values; and (c) contain a full description of the activities proposed, a
description of the extent of disturbance, the location of facilities, equipment, roadways,
pipelines and any other infrastructure, the proposed operation restrictions to minimize
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impacts on the Conservation Values, reclamation measures including and in addition to
those required by law, and remedies for damages to the Conservation Values. Any Mineral
Document that only permits subsurface access to Minerals but prohibits any access to the
surface of the Property shall also prohibit any disturbance to the subjacent and lateral
support of the Property, and shall not allow any use that would materially adversely affect
the Conservation Values.
(4) This Section 5.f shall be interpreted in a manner consistent with I.R.C. §
170(h) and the Treasury Regulations adopted pursuant thereto.
g. Trash. The dumping or accumulation of any kind of trash or refuse on the
Property, including but not limited to household trash and hazardous chemicals, is prohibited.
Limited dumping or accumulation of other farm-related trash and refuse produced on the
Property is permitted, provided that such dumping does not substantially diminish or impair the
Conservation Values and is confined within a total area less than one-quarter acre at any given
time. Recreation related trash is permitted to be accumulated on site provided that it is contained
within trash cans and dumpsters and removed from the property within a reasonable period of
time. This Section 5.g shall not be interpreted to prevent the storage of agricultural products and
by-products on the Property in accordance with all applicable government laws and regulations.
h. Topographical Changes. No excavating, grading, cut and fill, berming or other
similar topographical changes shall occur on the Property, except in connection with the
construction of permitted improvements or in acts of restoration, if any.
i. Erosion or Water Pollution. Any activity or use that causes or is likely to cause
significant soil degradation or erosion or significant pollution of any surface or subsurface waters
is prohibited.
j. Hazardous Materials. The storage, dumping or other disposal of hazardous and/or
toxic materials, industrial wastes or other similar materials on the Property is prohibited.
k. Commercial or Industrial Activity.
1) No industrial uses shall be allowed on the Property. Commercial uses are
allowed, as long as they are conducted in a manner that is consistent with I.R.C. § 170(h)
and the Purpose. Without limiting other potential commercial uses that meet the foregoing
criteria, the following uses are allowed:
(i) Grazing livestock, as defined in Section 4.b(2) above;
(ii) Commercial activities permitted in City of Loveland Natural Areas
such as photography, seed collection, filming and guided programs (including but
not limited to hikes, bike rides, horseback rides and environmental or cultural
education programs).
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(iii) For any commercial use not expressly set forth in this paragraph,
Grantor shall provide Grantee with written notice of Grantor’s proposed use, and
Grantor shall only commence such use with Grantee’s written approval, in
accordance with Section 7 of this Deed. Grantee shall have the right to require
Grantor to supply sufficient detail to inform Grantee’s approval.
(2) The foregoing descriptions of allowed commercial uses notwithstanding,
commercial feed lots and other intensive growth livestock farms, such as dairy, swine or
poultry farms, are inconsistent with the Purpose and are prohibited. For purposes of this
Deed, “commercial feed lot” is defined as a permanently constructed, confined area or
facility within which the Property is not grazed or cropped annually, and which is used and
maintained for purposes of engaging in the commercial business of the reception and
feeding of livestock.
m. Signs and Billboards. No commercial signs, billboards, awnings, or advertisements
shall be displayed or placed on the Property, except for appropriate and customary ranch or pasture
identification signs, signs identifying the Property as an Open Space are a and related
informational, directional, and other signage of a number, nature and type typical of other Larimer
County Open Spaces (including kiosks and educational signs), “for sale” or “for lease” signs
alerting the public to the availability of the Property for purchase or lease, “no trespassing” signs,
signs regarding the private leasing of the Property for hunting, fishing or other low-impact
recreational uses, and signs informing the public of the status of ownership. No signs shall
significantly diminish or impair the Conservation Values. Grantee shall erect one or more signs
visible from the nearest public roadway, or from an alternative location approved by the Board,
identifying the Board’s Grant and investment in this Property to the public.
n. Outdoor Lighting. Except for existing lighting not in conformity with this
requirement, all external lighting shall comply with local lighting ordinances, including any dark
sky requirements of the Larimer County building code.
o. Motorized Vehicles. Motorized vehicles may be used only in conjunction with
activities permitted by this Deed and in a manner that is consistent with the Purpose. Motorized
vehicles may not be operated or ridden “off road” on the Property, except as may be necessary for
the conduct of land maintenance, including trail maintenance, patrol and construction, and
agricultural activities as may be permitted by this Conservation Easement. Off-road vehicle
courses for snowmobiles, all-terrain vehicles, motorcycles, or other motorized vehicles are
prohibited.
6. LAND MANAGEMENT PLAN. Grantor and Grantee acknowledge that the
preservation and protection of the Conservation Values as contemplated under this Deed require
careful and thoughtful stewardship of the Property. Grantor and Grantee shall jointly prepare a
Land Management Plan (“Management Plan”) within ten (10) years of the Effective Date of this
Deed. In the event Grantee believes at any time prior to development of the Management Plan,
that the resource management practices used on the Property are not consistent with the Purpose,
Grantor and Grantee shall jointly prepare an interim Land Stewardship Plan (“Stewardship Plan”)
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detailing requirements for the preservation and protection of the Conservation Values regarding:
agricultural, timber, mining, water, wildlife, weed control or other management practices that
Grantee has identified as being at issue. Grantor shall comply with the requirements established
in the Management Plan. Grantee shall provide the Management Plan to the Board. The Parties
will cooperate in an effort to update the Management Plan if either Party determines an update is
necessary. Grantor shall adopt reasonable rules, regulations and enforcement practices concerning
the allowed public recreational uses and shall actively manage the Property and implement and
enforce such regulations and practices, in accordance with its practices for similar open space
properties, so that the permitted usage of the Property by the public will not have a material adverse
effect on the Conservation Values associated with the Property. The budgeted funds and resources
allocated and devoted to the management of the Property, including those utilized for the
implementation and enforcement of rules, regulations and practices, are solely within the
discretion of Grantor.
7. GRANTOR NOTICE AND GRANTEE APPROVAL. The purpose of requiring
Grantor to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an
opportunity to ensure that the activities in question are designed and carried out in a manner
consistent with the Purpose. Whenever notice is required, Grantor shall notify Grantee in writing
within a reasonable period of time prior to the date Grantor intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable, and any other
material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed
judgment as to its consistency with the Purpose. Where Grantee’s approval is required, Grantor
shall not undertake the requested activity until Grantor has received Grantee’s approval in writing.
Grantee shall grant or withhold its approval in writing within a reasonable period of time within
receipt of Grantor’s written request thereof and submittal sufficient supporting details as described
above. Grantee’s approval may be withheld only upon Grantee’s reasonable determination that the
activity as proposed is not consistent with the Purpose or the express terms of this Deed, unless
this Deed provides that approval for a particular request may be withheld in the sole discretion of
the Grantee.
8. ENFORCEMENT. If Grantee finds what it believes is a violation of this Deed, Grantee
shall immediately notify Grantor and the Board in writing of the nature of the alleged violation.
Upon receipt of this written notice, Grantor shall either:
a. Restore the Property to its condition prior to the violation; or
b. Provide a written explanation to Grantee of the reason why the alleged viol ation
should be permitted, in which event the Parties agree to meet as soon as possible to
resolve their differences. If a resolution cannot be achieved at the meeting, the Parties
may meet with a mutually acceptable mediator to attempt to resolve the dispute. Grantor
shall discontinue any activity that could increase or expand the alleged violation during
the mediation process. If Grantor refuses to undertake mediation in a timely manner or
should mediation fail to resolve the dispute, Grantee may, at its discretion, take
appropriate legal action. Notwithstanding the foregoing, when Grantee, in its sole
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discretion, determines there is an ongoing or imminent violation that could irreversibly
diminish or impair the Conservation Values, Grantee may, at its sole discretion, take
appropriate legal action without pursuing mediation, including but not limited to seeking
an injunction to stop the alleged violation temporarily or permanently or to require the
Grantor to restore the Property to its prior condition. The Board shall in no event be
required to participate in any mediation.
9. COSTS OF ENFORCEMENT. Grantor shall pay any costs incurred by Grantee in
enforcing the terms of this Deed against Grantor, including without limitation costs and expenses
of suit, attorney fees and any costs of restoration necessitated by Grantor’s violation of the terms
of this Deed. If the deciding body determines that Grantor has prevailed in any such legal action,
then each Party shall pay its own costs and attorney fees. However, if the deciding body
determines that Grantee’s legal action was frivolous or groundless, Grantee shall pay Grantor’s
costs and attorney fees in defending the legal action.
10. NO WAIVER OR ESTOPPEL. If the Grantee does not exercise, or delays the exercise
of, its rights under this Deed in the event of a violation of any term, such inaction or dela y shall
not be deemed or construed to be a waiver by Grantee of such term or of any subsequent
violation of the same or any other term of this Deed or of any of Grantee’s rights under this
Deed. Grantor waives any defense of laches, estoppel, or prescription, including the one-year
statute of limitations for commencing an action to enforce the terms of a building restriction or to
compel the removal of any building or improvement because of the violation of the same under
C.R.S. § 38-41-119, et seq.
11. ACTS BEYOND GRANTOR’S CONTROL. Nothing contained in this Deed shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor’s control, including without limitation fire, flood,
storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting from such
causes. Notwithstanding the foregoing, Grantor shall take reasonable efforts to prevent third
parties from performing, and shall not knowingly allow third parties to perform, any act on or
affecting the Property that is inconsistent with the Purpose.
12. ACCESS. The general public shall have access to the Property, in Grantor’s discretion,
subject to any regulations by Grantor necessary and appropriate to protect the public health and
safety, and subject to the requirements of this Deed. The Parties acknowledge that Grantor may
“post” and close portions of the Property to public access to protect areas of environmental
sensitivity and for other management purposes that are consistent with the purposes of this Deed.
Grantor at Grantor’s sole discretion may close the entire site to public access in the event of an
emergency or other exigent circumstances.
13. COSTS AND LIABILITIES. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including weed control and eradication and maintaining adequate comprehensive
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general liability insurance coverage. Grantor shall keep the Property free of any liens arising out
of any work performed for, materials furnished to, or obligations incurred by Grantor.
14. TAXES. Grantor shall pay before delinquency all taxes, assessments, fees, and charges
of whatever description levied on or assessed against the Property by competent authority
(collectively “Taxes”), including any Taxes imposed upon, or incurred as a result of, this Deed,
and shall furnish Grantee with satisfactory evidence of payment upon request.
15. LIABILITY. As government entities, Grantor and Grantee are responsible for their own
wrongful or negligent acts and omissions and those of their respective officers and employees.
Anything else in this Deed to the contrary notwithstanding, no term or condition of this Deed
shall be construed or interpreted as a waiver, either express or implied, of any of the immunities,
rights, benefits or protection provided to Grantor and Grantee under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et. Seq., as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute
which is subsequently enacted), subject to any applicable provisions of the Colorado
Constitution and applicable laws. Without limiting the foregoing, nothing in this Deed shall be
construed as giving rise to any right or ability in Grantee, nor shall Grantee have any right or
ability, to exercise physical or managerial control over the day-to-day operations of the Property,
or otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,
or any similar law of regulation.
16. REAL PROPERTY INTEREST. The conservation easement interest created by this
Deed constitutes a real property interest immediately vested in Grantee, the value of which has not
been determined as of the Effective Date. Should the Deed be taken for the public use or otherwise
terminated according to Section 17 below, Grantee shall be entitled to compensation for its
interest, which shall be determined by a qualified appraisal that establishes the ratio of the value
of the Deed interest to the value of the fee simple interest in the Property, expressed as a
percentage, as of the date of the taking or termination (the “Easement Value Percentage”). The
Easement Value Percentage shall be used to determine Grantee’s compensation according to the
following Section 17.
17. CONDEMNATION OR OTHER EXTINGUISHMENT. If this Deed is taken, in whole
or in part, by exercise of the power of eminent domain (“Condemnation”), or if circumstances
arise in the future that render the Purpose impossible to accomplish, this Deed can only be
terminated, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction. Each Party shall promptly notify the other Party and the Board in writing when it first
learns of such circumstances. Grantee shall be entitled to full compensation for its interest in any
portion of this Deed that is terminated as a result of Condemnation or other proceedings. Grantee’s
proceeds shall be an amount at least equal to the Easement Value Percentage multiplied by the
value of the unencumbered fee simple interest (excluding the value of any improvements) in the
portion of the Property that will no longer be encumbered by this Deed as a result of Condemnation
or termination. Grantor and Grantee will require an appraisal to be completed by a qualified
appraiser on the Colorado Department of Transportation Appraiser List to deliver a report of their
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findings to all Parties, at the expense of the condemning party to determine Easement Value
Percentage. Payments to the Grantee for the easement value will coincide with the percentages in
which each Grantee initially contributed to the Property: City of Loveland 75%, City of Fort
Collins 25%. The Board shall be entitled to receive sixteen percent (16%) of Grantee’s
compensation. Grantee shall promptly remit the Board’s share of these proceeds to the Board.
Grantor shall not voluntarily accept proceeds equal to less than the full fair market value of the
affected Property unrestricted by this Deed as determined by an appraisal or through a valuation
hearing in an eminent domain proceeding without the approval of Grantee. Grantee shall use its
proceeds in a manner consistent with the conservation purposes of this Deed or the mission of
the Grantee. Grantee’s remedies described in this Section 17 shall be cumulative and shall be in
addition to any and all remedies now or hereafter existing at law or in equity, including the right
to recover any damages for loss of Conservation Values as described in C.R.S. § 38-30.5-108.
18. ASSIGNMENT.
a. This Deed is transferable, but Grantee may assign its rights and obligations under
this Deed only to an organization that:
(1) is a qualified organization at the time of transfer under I.R.C. § Section
170(h) as amended (or any successor provision then applicable) and the applicable
regulations promulgated thereunder;
(2) is authorized to acquire and hold conservation easements under Colorado
law;
(3) agrees in writing to assume the responsibilities imposed on Grantee by this
Deed; and
(4) is approved in writing as a transferee by the Board in its sole and absolute
discretion. Grantee shall provide the Board with a written request to assign the Easement
at least forty-five (45) days prior to the date proposed for the assignment transaction.
b. If Grantee ever shall cease to exist or is no longer qualified to enforce the terms
and provisions of this Deed, a court with jurisdiction shall transfer the Grantee’s rights and
obligations under this Conservation Easement to another qualified organization having similar
purposes that agrees to assume the responsibility.
c. The Board shall have the right to require Grantee to assign its rights and
obligations under this Easement to a different organization if Grantee ceases to exist; is
unwilling, unable, or unqualified to enforce the terms and provisions of this Easement; or is
unwilling or unable to effectively monitor the Property for compliance with this Easement at
least once every calendar year. Prior to any assignment under this Paragraph 18.c., the Board
shall consult with Grantee and provide Grantee an opportunity to address the Board’s concerns.
If the Board’s concerns are not addressed to its satisfaction, the Board may require that Grantee
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assign this Easement to an organization designated by the Board that complies with Paragraph
18.a.(1), (2), and (3) above.
D. If Grantee desires to transfer this Easement to a qualified organization having
similar purposes as Grantee, but Grantor or the Board has refused to approve the transfer, a court
with jurisdiction shall transfer this Easement to another qualified organization having similar
purposes that agrees to assume the responsibility imposed on Grantee by this Easement, provided
that Grantor and the Board shall have adequate notice of and an opportunity to participate in the
court proceeding leading to the court’s decision on the matter.
e. Upon compliance with the applicable portions of this Section 18, the Parties shall
record an instrument completing the assignment in the property records of the county or counties
in which the Property is located. Assignment of the Deed shall not be construed as affecting the
Deed’s perpetual duration and shall not affect the Deed’s priority against any intervening liens,
mortgages, easements, or other encumbrances.
19. SUBSEQUENT TRANSFERS. Grantor shall incorporate by reference the terms and
conditions of this Deed in any deed or other legal instrument by which it divests itself of any
interest in all or a portion of the Property. Grantor further agrees to give written notice to
Grantee and the Board of the transfer of any interest at least forty-five (45) days prior to the date
of such transfer and may be required to pay the Board an Additional Board Refund under
Section 20 below. The failure of Grantor to perform any act required by this Section 19 shall
not impair the validity of this Deed or limit its enforceability in any way.
20. ADDITIONAL BOARD REFUND. The Board’s Grant has provided partial
consideration for Grantor’s acquisition of fee title to the Property, associated water rights, and/or
partial real estate interest in the Property above and beyond this Easement; therefore, any
voluntary sale, conveyance, transfer, or other disposal of all or any portion of Grantor’s interest
in the Property or associated water rights (“Sale”), excluding any lease of the Property or the
water rights to a third party in the ordinary course of using the Property for permitted purposes,
shall constitute a material change to the Grant that shall require prior written Board approval and
may require a separate refund to the Board of an amount to compensate the Board for use of the
Board’s Grant, plus administrative costs (the “Additional Board Refund”), in addition to any
payment that the Board may be entitled to receive under Sections 16 and 17 above.
A. Amount. The amount of the Additional Board Refund shall be based upon a
percentage of Grantor’s net proceeds from the Sale (which shall be defined as the fair market
value of the property being sold in the Sale, minus direct transaction costs) (“Net Proceeds”).
The Additional Board Refund shall be determined by: a) first dividing the Board’s Grant amount
by the original purchase price for fee title to the Property; b) then by multiplying the resulting
ratio by the Net Proceeds; and c) adding interest figured from the Grant payment date at the
Prime Rate listed by the Federal Reserve Bank of Kansas City, Missouri that is most current on
the effective date of the Sale. The Board may, in its sole discretion, waive the requirement for
payment of interest or reduce the amount of interest due at the time of the Sale. The Additional
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Board Refund shall be paid to the Board in cash or certified funds on or before the effective date
of the Sale.
b. Possible Exception to Refund Requirement. If a Sale occurs to a third party
which is eligible to receive open space funding from the Board, and the Board has provided
written confirmation of the third party’s eligibility, Grantor shall not be required to pay the
Board an Additional Board Refund, unless the Board determines in its sole discretion that one or
more aspects of the Grant have changed that reduce the Grant project’s scope from that of the
original Grant as approved by the Board. (For example, if the Grantor proposed that the Grant
project would include public access to the Property, and the Sale will result in substantially the
same amount and type of public access, the Board will deem that a material change in the Grant
project’s scope has not occurred, and Grantor shall not be required to pay the Board an
Additional Board Refund, unless another aspect of the Grant project has changed that reduces the
Grant project’s scope from that of the original Grant as approved by the Board).
20. NOTICES. Any notice, demand, request, consent, approval, or communication that
either Party or the Board is required to give to the other in writing shall be either served
personally or delivered by (a) certified mail, with return receipt requested; or (b) a commercial
delivery service that provides proof of delivery, addressed as follows:
TO GRANTEE:
Open Lands Program Manager
Larimer County Natural Resources
1800 S. County Road 31
Loveland, CO 80537
TO GRANTOR:
Natural Areas Director
City of Fort Collins, Natural Areas Department
P.O. Box 580
Fort Collins, CO 80522
AND
Open Lands & Trails Manager
Parks and Recreation Department
City of Loveland
500 E. 3rd Street Suite 200
Loveland, CO 80537
TO THE BOARD:
Executive Director
State Board of the Great Outdoors Colorado Trust Fund
1900 Grant Street, Suite 725
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Denver, CO 80203
or to such other addresses as the Parties or the Board from time to time shall designate by written
notice to the other.
21. GRANTOR’S TITLE WARRANTY. Grantor warrants that Grantor has good and
sufficient title to the Property and Grantor has access to the Property for the purposes granted or
permitted to Grantee in this Deed, and Grantor promises to defend the same against all claims
whatsoever.
22. SUBSEQUENT LIENS ON THE PROPERTY. No provisions of this Deed shall be
construed as allowing the Grantor to use this Property as collateral for subsequent borrowing
including but not limited to deeds of trusts and mortgages. This provision is not intended to limit
Grantor’s ability to seek or provide support for grant funding that utilizes the value of the
Property as match.
23. RECORDING. Grantee shall record this Deed in a timely fashion in the official records
of each county or counties in which the Property is situated and may re-record it at any time as
may be required to preserve its rights in this Deed.
24. ENVIRONMENTAL ATTRIBUTES. Unless otherwise provided in this Deed, Grantor
reserves all Environmental Attributes associated with the Property. “Environmental Attributes”
shall mean any and all tax or other credits, benefits, renewable energy certificates, emissions
reductions, offsets, and allowances (including but not limited to water, riparian, greenhouse gas,
beneficial use, and renewable energy), generated from or attributable to the conservation,
preservation and management of the Property in accordance with this Deed. Nothing in this
Section 24 shall modify the restrictions imposed by this Deed or otherwise be inconsistent with
the Purpose.
25. DEED CORRECTION. The Parties shall cooperate to correct mutually acknowledged
errors in this Deed (and exhibits), including typographical, spelling, or clerical errors. The
Parties shall make such corrections by written agreement. Any corrections shall be recorded in
the records of the Clerk and Recorder of the county or counties in which the Property is located.
26. EFFECTIVE DATE. The Effective Date of this Deed shall be the date and year first
written above.
27. JURISDICTION. Any mediation or arbitration concerning this Conservation Easement
shall take place in Larimer County, Colorado, or other location mutually agreed to by the parties,
and only upon consent from Grantee. Any court action concerning this Conservation Easement
shall take place in the District Court for Larimer County, Colorado, and Grantor and Grantee
hereby consent to personal jurisdiction in Larimer County, Colorado.
28. GENERAL PROVISIONS.
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a. Controlling Law. The interpretation and performance of this Deed shall be
governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Deed shall be liberally construed in favor of the grant to effect the Purpose
and the policy and purpose of C.R.S. § 38-30.5-101, et seq. If any provision in this Deed is found
to be ambiguous, an interpretation consistent with the Purpose that would render the provision
valid shall be favored over any interpretation that would render it invalid.
c. Severability. If any provision of this Deed, or the application thereof to any
person or circumstance, is found to be invalid, it shall be deemed severed from this Deed, and the
balance of this Deed shall otherwise remain in full force and effect.
d. Entire Agreement. The Recitals above are a material part of this Deed and are
incorporated into this Deed. With the exception of the Intergovernmental Agreement between the
Parties dated _________________, 2024 regarding the Prairie Ridge Addition this Deed sets
forth the entire agreement of the Parties with respect to the grant of a conservation easement over
the Property and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the grant, all of which are merged in this Deed.
e. Joint Obligation. The obligations imposed upon Grantor and Grantee in this Deed
shall be joint and several in the event that more than one entity or individual holds either interest
at any given time.
f. Obligations Subject to Annual Appropriations. Any obligations of the Parties
under this Deed for fiscal years after the year of this Deed are subject to annual appropriation by
such Parties’ governing bodies, in their sole discretion, of funds sufficient and intended for such
purposes.
g. Non-Merger. Unless Grantor and Grantee expressly state in writing that they
intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred
hereunder or under any documents executed in the future affecting this Conservation Easement.
If Grantee wishes to acquire fee title to the Property or any additional interest in the Property
(such as a leasehold), Grantee must first obtain the written approval of the Board. As a condition
of such approval, the Board may require that the Grantee first transfer the Easement to another
qualified organization consistent with Section 18 above.
h. Successors. The covenants, terms, conditions, and restrictions of this Deed shall
be binding upon, and inure to the benefit of, the Parties and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
i. Termination of Rights and Obligations. Provided a transfer is permitted by this
Deed, a Party’s rights and obligations under the Deed terminate upon transfer of the Party’s
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interest in the Deed or Property, except that liability for acts or omissions occurring prior to
transfer shall survive transfer.
j. Captions. The captions in this Deed have been inserted solely for convenience of
reference and are not a part of this Deed and shall have no effect upon construction or
interpretation.
k. No Third Party Beneficiaries. This Deed is entered into by and between Grantor
and Grantee and is solely for the benefit of Grantor and Grantee and the Board and their
respective successors and assigns for the purposes set forth in this Deed. This Deed does not
create rights or responsibilities in any third parties beyond Grantor, Grantee, and the Board.
l. Amendment. If circumstances arise under which an amendment to or modification
of this Deed or any of its exhibits would be appropriate, Grantor and Grantee may jointly amend
this Deed so long as the amendment (i) is consistent with the Conservation Values and Purpose
of this Deed, (ii) does not affect the perpetual duration of the restrictions contained in this Deed,
(iii) does not affect the qualifications of this Deed under any applicable laws, (iv) complies with
Grantee’s and the Board’s procedures and standards for amendments (as such procedures and
standards may be amended from time to time) and (v) receives the Board’s prior written
approval. Any amendment must be in writing, signed by both parties, and recorded in the
records of the Clerk and Recorder of the county or counties in which the Property is located. In
order to preserve the Easement’s priority, the Board may require that the Grantee obtain
subordinations of any liens, mortgages, easements, or other encumbrances. For the purposes of
the Board’s approval under item (v) above, the term “amendment” means any instrument that
purports to alter in any way any provision of or exhibit to this Easement. Nothing in this
paragraph shall be construed as requiring Grantee or the Board to agree to any particular
proposed amendment.
m. Change of Conditions or Circumstances. A change in the potential economic value
of any use that is prohibited by or inconsistent with this Deed, or a change in any current or future
uses of neighboring properties, shall not constitute a change in conditions or circumstances that
make it impossible for continued use of the Property, or any portion thereof, for conservation
purposes and shall not constitute grounds for terminating the Deed in whole or in part. In
conveying this Deed, the Parties have considered the possibility that uses prohibited or restricted
by the terms of this Deed may become more economically valuable than permitted uses, and that
neighboring or nearby properties may in the future be put entirely to such prohibited or restricted
uses. It is the intent of Grantor and Grantee that any such changes shall not be deemed to be
circumstances justifying the termination or extinguishment of this Deed, in whole or in part. In
addition, the inability of Grantor, or Grantor’s heirs, successors, or assigns, to conduct or
implement any or all of the uses permitted under the terms of this Deed, or the unprofitability of
doing so, shall not impair the validity of this Deed or be considered grounds for its termination or
extinguishment, in whole or in part.
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o. Termination of the Board. In the event that Article XXVII of the Colorado
Constitution, which established the Board, is amended or repealed to terminate the Board or
merge the Board into another entity, the rights and obligations of the Board hereunder shall be
assigned to and assumed by such other entity as provided by law, but in the absence of such
direction, by the Colorado Department of Natural Resources or its successor.
p. Authority to Execute. Each Party represents to the other that such Party has full
power and authority to execute, deliver, and perform this Deed, that the individual executing this
Deed on behalf of each Party is fully empowered and authorized to do so, and that this Deed
constitutes a valid and legally binding obligation of each Party enforceable against each Party in
accordance with its terms.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of Conservation
Easement as of the Effective Date.
[Signatures on following pages.]
GRANTEE:
BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY, COLORADO
BY: ______________________________
Chair
ATTEST: APPROVED AS TO FORM:
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Deputy Clerk of the Board County Attorney
Date: Date:
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2024 by __________________ as Chair of the Board of County Commissioners, Larimer County,
Colorado.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
GRANTOR:
CITY OF FORT COLLINS
By:
Kelly DiMartino, City Manager
Date: _________________________
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ATTEST: APPROVED AS TO FORM:
_____ ______
City Clerk Assistant City Attorney
Printed Name: _____ Printed Name:
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2024, by Kelly DiMartino as City Manager of the City of Fort Collins.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
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EXHIBIT A TO ORDINANCE NO. 131, 2024
GRANTOR:
CITY OF LOVELAND
By:
Rod Wensing, Acting City Manager
Date: _________________________
ATTEST: APPROVED AS TO FORM:
_____ ______
City Clerk Assistant City Attorney
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2024, by Rod Wensing as Acting City Manager of the City of Loveland.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
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Item 9.
EXHIBIT A TO ORDINANCE NO. 131, 2024
EXHIBIT A
LEGAL DESCRIPTION AND ALTA SURVEY OF THE PROPERTY
The S ½ of Section 28, Township 6 North, Range 69 West of the 6th P.M., County of Larimer,
State of Colorado.
Except those parcels described in deeds recorded: May 31, 2000 at Reception No. 2000035785
and October 19, 2016 at Reception No. 20160071291, and except any portion lying within
County Road 19.
EXHIBIT A
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EXHIBIT A
LEGAL DESCRIPTION AND ALTA SURVEY OF THE PROPERTY continued
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EXHIBIT A TO ORDINANCE NO. 131, 2024
EXHIBIT B
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Item 9.
EXHIBIT A TO ORDINANCE NO. 131, 2024
MAP OF THE PROPERTY
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Item 9.
EXHIBIT A TO ORDINANCE NO. 131, 2024
EXHIBIT C
BASELINE ACKNOWLDEGEMENT
ACKNOWLEDGEMENT SHEET FROM BASELINE INVENTORY (to be inserted)
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Item 9.
EXHIBIT B TO ORDINANCE NO. 131, 2024
1
DRYLAND FARM LEASE
THIS LEASE is entered into between the City of Loveland, Colorado and the City of Fort
Collins, Colorado (referred to herein as ”Owners”) and Sauer Dryland, LLC (”Tenant”) whose
address is 1530 West Shore Drive, Loveland, CO 80538.
WHEREAS, the City of Loveland and the City of Fort Collins (”Owners”) own
approximately 925 acres of land, more particularly described in Exhibit “A” and Exhibit “B,”
known as Prairie Ridge Natural Area (the ”Property”); and
WHEREAS, the Owners and Tenant entered into a Dryland Farm Lease commencing August
1, 2023 for 560 farmable acres of a portion of the Property (“Original Lease”),
WHEREAS, the Owners entered into two Intergovernmental Agreements (”IGAs”),
dated, March 22, 2000 as subsequently amended, and dated _________________ regarding
their joint ownership of the Property and related rights and responsibilities; and
WHEREAS, the IGAs provided that the Owners would use their best efforts to negotiate a
lease with a tenant for farming the Property; and
WHEREAS, the IGAs further provided that the City of Loveland (“Managing Entity”)
is responsible for the management of the Property; and
WHEREAS, the parties desire to terminate the Original Lease; and
WHEREAS, the Owners desire to enter into a lease agreement with Tenant for dryland
agricultural production of the Property.
NOW THEREFORE, the parties agree as follows:
1. Agricultural Crop Production. Tenant agrees to farm a portion of the Property,
approximately 700 acres, located in Sections 21 and 28 of Township 6 North, Range 69 West,
more particularly described on Exhibit “C” attached hereto and made a part hereof (the “Leased
Property”). Tenant shall only utilize the Leased Property for agricultural crop production.
Tenant agrees to use all reasonable efforts to keep the land in a neat and clean condition, free of
noxious weeds and otherwise in accordance with local dryland crop production customs, free of
trespassers, and to prohibit any impermissible uses of the Property under this lease. During the
term of the Lease, Tenant agrees to cooperate with the Managing Entity to restore portions of
the Lease Property, which portions shall be mutually agreed upon by Tenant and Managing
Entity, to its natural state by, where applicable, ceasing agricultural crop production and seeding
or planting the appropriate native wetland or short grass prairie vegetation.
2. Rent. On or before December 1st, 2024, Tenant shall pay the Managing Entity
rent in the amount of Thirteen Dollars ($13.00) per acre for the acreage planted into crop the
preceding fall on the portion of the Leased Property. Tenant shall pay the rent without any other
demand or notice, by December 1st of each subsequent year during the first five (5) years of this
Lease. In the subsequent five years, beginning December 1st, 2029, until the termination of the
term of this Lease, on or before December 1st, 2029 and on or before December 1st each
subsequent year until the terminate of this Lease, Tenant shall pay the Managing Entity rent
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without any other demand or notice in the amount of Twenty Dollars ($20.00) per acre of the
acreage planted into crop the preceding fall on the portion of the Leased Property.
3. Term. The term of this Lease is for a period of ten (10) years, commencing on
October 1, 2024 and terminating on the 30th day of September, 2034.
4. Income and Expenses. Tenant shall receive 100% of the crop and the Production
Flexibility payments from the Farm Service Agency. Tenant shall be solely responsible for any and
all costs associated with crop production, insect control, and perennial weed control on all cultivated
areas of the Leased Property, whether in active production or fallow.
5. Termination By Tenant. Tenant shall have the right to cancel this Lease upon
giving ninety(90) days prior written notice to the Managing Entity and, in this event, Tenant shall
pay cash rent in the amount per acre that was set by the Owners for that year’s crop, for any
growing crop, Tenant's obligations hereunder shall continue and Tenant shall have the right to
harvest that crop until July 31st the following year. Tenant shall not be entitled to damages or
reimbursement of any expenses associated with the crop production.
6. Property Management.
a. The Tenant shall manage cultivation of the Leased Property to prevent soil
erosion, control weeds, and enhance the visual attributes in a manner
consistent with local farming practices and any management plan adopted by
the Owners for the Prairie Ridge Natural Area (the “Management Plan”).
b. Tenant shall execute any adjustments required by the Managing Entity with
respect to farming operations that have a negative impact on natural
resources. The Tenant shall execute any adjustments required by the
Managing Entity within the time period required by the Managing Entity. The
Tenant shall be held responsible and accountable for any dama ge to the
Leased Property and ecological integrity of the area as a result of failure to
adhere to any of Managing Entity’s requirements. Such failure by the Tenant
shall be grounds for termination of the Lease pursuant to paragraph twenty-
two (22) of this Lease.
c. Tenant shall farm the Leased Property in a manner that conforms to current
best practices for dryland wheat production as established by USDA and
NRCS which may include strip cropping with alternating production and
fallow strips across the field of a typical width, with approximately 50% of
the farmable acreage in fallow each year. Specific management practices to
be determined by Tenant at Tenant’s discretion to allow for an adaptive
management approach on the site.
7. Use
a. Tenant shall use the Leased Property only for the purpose of farming, except
as otherwise provided in this Agreement. The type of crops produced and
any use of the Leased Property by the Tenant other than crop production must
be approved by the Managing Entity.
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b. The Tenant must not make alterations, additions, improvements, land
treatment, or changes to the Leased Property, or the improvements located
thereon, without the prior written approval of the Managing Entity. Any such
alterations, additions, improvements, land treatment or changes approved by
the Managing Entity must be completed by the Tenant in a good and
workmanlike manner.
c. The Managing Entity reserves the right to perform management activities at
any time during the year. Any management activity that Managing Entity
determines has the potential to influence the Tenant’s use of the Leased
Property will be coordinated with the Tenant.
d. The Tenant shall not, nor permit any person to engage, in hunting, trapping,
shooting, harassing of wildlife, or recreation activities upon the Leased
Property.
e. The Tenant shall not use the Leased Property in a manner so as to violate any
applicable law, statute, ordinance, rule, or regulation of any governmental
entity or body.
f. There are no water rights associated with this Lease.
g. The Managing Entity, in its sole discretion, will resolve any conflicts between
use of the Property for agricultural purposes and use of the Property for any
other purpose. Tenant acknowledges and agrees their use of the Leased
Property may be reduced or restricted in order to accommodate such conflicts.
h. Agreements and resolution of issues with adjacent property owners shall be
the sole responsibility of the Owners.
8. Maintenance and Repairs
a. The Tenant shall maintain and keep in orderly condition and in a good state
of repair all of the Leased Property and improvements located thereon,
whether existing as of the date of this Lease or added thereafter.
b. The Tenant is only responsible for maintenance and repairs on the Leased
Property that are ordinary and routine in nature. Tenant will promptly notify
Owners of needed maintenance and repairs to the Leased Property that are
extraordinary or major in nature. Responsibility for materials and labor costs
of needed construction, reconstruction, or major maintenance and repair shall
be by mutual agreement of Owners and Tenant. The Tenant shall confer with
the Owners annually on capital improvements needed for the Leased Property
as well as scheduling routine maintenance.
c. Tenant shall be responsible for the application of herbicide for control of
noxious weeds and any needed insect control on the cultivated portion of the
Leased Property. In using any herbicides or other materials to control noxious
and toxic plants or using pesticides for the control of insects on the Leased
Property, the Tenant shall comply with all applicable federal, state, and local
laws, rules, and regulations regarding the application and storage of such
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herbicides, pesticides, and materials, and shall be in accordance with any
applicable provisions of the Management Plan. The Tenant shall be
responsible for the costs of any herbicides or other material necessary to
control such plants on those portions of the Leased Property.
d. The Managing Entity shall be responsible for controlling all noxious and
toxic plants found in the non-cultivated portion of the Property and upon any
other portions of the Property in use by the Managing Entity for the
management of natural resources or recreation. The Managing Entity shall
be responsible for the costs of any herbicides or other material necessary to
control such plants on those portions of the Property.
e. The Tenant shall keep records of all fertilizer, pesticide, and herbicide
applications, which records shall be accessible and available to the Owners
upon reasonable notice for their review and copying.
f. Tenant may manage prairie dogs on the Leased Property with the methods
and to the degree Tenant sees fit provided that such methods are humane,
conform to local regulations, and follow the best management practices as
outlined by the Colorado State University Extension fact sheet 6.506
“Managing Prairie Dogs.”
g. The Managing Entity shall be responsible for any maintenance or repairs
necessitated as a result of the Managing Entity, their officers, employees,
agents, or permittees entering upon and using the Property as permitted by
the Lease.
h. All maintenance and repairs to the Leased Property required of the Tenant
must be made promptly and when necessary. In addition, all such
maintenance and repairs must be done in a good and workmanlike manner.
i. If the Tenant fails to perform any maintenance or make any repairs required
under this Lease, the Managing Entity may, but is not required to, make such
maintenance and repairs on the Tenant's account, and the Managing Entity
may add its costs and expenses for such repairs or replacements as additional
rent due to the Managing Entity under this Lease. Tenant will then pay such
amount to the Managing Entity within thirty (30) days after receiving written
notice from the Managing Entity of the costs and expenses paid by the
Owners for such maintenance and repairs.
j. At the end of the Lease term, or upon termination under paragraph five (5) or
paragraph twenty-two (22) of this Lease, the Tenant shall re-deliver the
Leased Property and the improvements located thereon in a condition and
state of repair comparable to the condition which existed at the time of
original delivery, ordinary wear and tear, as determined by Managing Entity,
excepted.
9. Tenant Covenants and Responsibilities
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a. Tenant shall allow Owners access to the Leased Property at all times. Tenant
shall allow public access for a trail head facility in the southeast corner of the
Leased Property with the capacity for approximately 20 vehicles and
approximately 2 miles of soft surface trail.
b. Tenant shall only allow odors, fumes, vibrations, and noise on and from the
Leased Property, which are commensurate with the normal conduct of
agricultural operations.
c. Except as otherwise specifically provided in the Lease, all costs of crop
production, including machinery, equipment, fuel, labor, seed, fertilizer,
herbicides, pesticides, and soil supplements on the Leased Property shall be
the responsibility of and provided by the Tenant.
d. Tenant shall not take, collect, gather, remove, alter, sell, possess, damage, or
destroy any cultural or historic artifacts or natural objects on the Leased
Property.
e. Tenant shall keep its farming operations in a neat and clean condition, and
free from trash or litter.
f. Tenant shall not place, store, use, or dispose upon the land of the Leased
Property, temporarily or permanently, any substances, including fuel
products that are hazardous, toxic, dangerous, or harmful or which are defined
as a hazardous substance by the Comprehensive Environmental Response
Compensation and Liability Act (”CERCLA”) 42 USC 9601. These
substances shall be referred to collectively as “hazardous substances.”
Tenant shall immediately notify Owners by phone or email and in writing, of
all spills, releases, inspections, correspondence, orders, citations, notices,
fines, response and/or cleanup actions, and violations of law, regulations, or
ordinances which affect the Property.
g. Tenant agrees that Tenant shall not permit any mechanic’s lien to be perfected
or remain against the Property. Tenant shall not directly or indirectly create,
incur, assume, or suffer to exist any mortgage, pledge, lien, charge,
encumbrance, or claim on or with respect to the Property.
h. Tenant agrees that Tenant shall not assign, sublet, pledge, or mortgage any of
Tenant's interest herein without the prior written consent of the Owners
thereto, which consent shall be in the absolute discretion of the Owners. This
shall not preclude Tenant from using Tenant’s share of the crops for collateral
for an operating loan.
i. Tenant agrees to deliver up and surrender to the Owners, possession of said
Leased Property at the expiration or termination of this Lease, by lapse of
time or otherwise.
j. The Tenant’s vehicular access on the Property shall be only for crop
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management purposes. The Owners retain the right to implement vehicle
access restrictions if vehicle access abuses or conflicts occur that may impact
natural resources.
k. No public access, hunting, or recreational use of the Property can be
authorized by the Tenant.
l. The Tenant and Tenant’s guests, invitees and employees must not use the
Property in any way that violates any applicable law, statute, ordinance, rule,
or regulation of any governmental entity or body.
10. Tenants Having Agent or Manager Relationships. The Tenant may make legal
arrangements with a third party to operate the Tenant’s agricultural business under an agent or
manager relationship. The Tenant retains full responsibility for compliance with the provisions and
requirements specified in the Lease. Under an agent or manager relationship Owners must approve
in advance an agreement made between a Tenant and manager or agent. Copies of the agreement
must be filed with the Owners. The agreement must state the scope of authority conferred on the
manager or agent.
11. Contacts. The Tenant shall provide a list of persons, including addresses and phone
numbers, which may be contacted in the case of emergencies. The level of responsibility of each
contact shall be noted. The Owners shall keep the list on file.
12. Assignment and Subletting. Tenant shall not assign any portion of this Lease nor
sublet any portion of the Property without the prior written approval of the Owners, which shall not
be unreasonably withheld. This Lease shall bind all successors and any permitted assigns of the
parties.
13. Insurance. Owners and Tenant, in their discretion, shall each be independently
responsible to maintain and pay for their own crop damage insurance.
General Liability Insurance. The Tenant shall procure and keep in force during the duration
of this Lease a policy of comprehensive general liability insurance insuring the Tenant and naming
the Owners as an additional insured against any liability for personal injury, bodily injury, or death
arising out of its use of the Property with at least One Million Dollars ($1,000,000) each occurrence.
The Tenant shall furnish to the Owners a certificate of insurance evidencing insurance coverage
required by this Lease.
Workers Compensation Insurance. If applicable, the Tenant shall pay and maintain workers
compensation insurance.
14. Indemnity. Tenant shall indemnify and save harmless Owners from and against any
and all claims, suits, actions, damages, and causes of action arising during the term of this Lease for
personal injury, loss of life, or damage to property sustained in, or upon the Property, and from and
against all costs, attorneys fees, expenses, and liabilities incurred in and about any such claims, the
investigation thereof or the defense of any action or proceedings brought thereon, and from any
judgments, orders, decrees, or liens, resultant therefrom by virtue of the use of the Property by
Tenant's or their agent's negligence or willful and wanton conduct. By requiring this right to
indemnification, the Owners in no way waive or intend to waive the limitations on liability which
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are provided to the Owners under the Colorado Governmental Immunity Act, C.R.S., Sections 24-
10-101, et seq.
15. Release. Tenant hereby releases the Owners from any claim for personal injury or
property damage suffered by Tenant as a result of any activity occurring on the Leased Property
pursuant to this Lease.
16. Notices. Written notices required under this Agreement and all other correspondence
between the parties shall be directed to the following and shall be deemed received when hand -
delivered or three (3) days after being sent by certified mail, return receipt requested:
If to Owners:
City of Loveland: Open Lands and Trails Manager
City of Loveland
500 E. 3rd Street
Loveland, CO 80525
City of Fort Collins: Natural Areas Department Director
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
If to Tenant: Jake Sauer
Sauer Dryland LLC
1530 West Shore Drive
Loveland, CO 80538
17. Condition of Property. Prior to signing this Lease, Tenant has inspected or caused to
be inspected the Leased Property and takes the Leased Property in the condition “AS IS.” No
additional representation, statement, or warranty, express or implied, has been made by or on behalf
of Owners as to such condition. In no event shall the Owners be liable for any defect in such Leased
Property or for any limitation on its use for crop production.
18. Joint and Several Liability. If this Lease is signed on behalf of Tenant by more than
one person, then the liability of the persons so signing shall be joint and several. (The language
"joint and several" means that if more than one person has signed the Lease, then each of these
persons individually and all of these persons collectively are fully responsible for fulfilling all of the
obligations of this Lease, except where expressly otherwise agreed between Owners and Tenant.
For example, one person signing the Lease may be liable f or any or all damages to the Property,
even if caused by another person signing the Lease; and one person signing the Lease is liable for
the total amount of rent due, even though other persons have also signed the Lease.)
19. Removal of Personal Property. Tenant shall have the duration of the Lease term to
remove all of Tenant's personal property from the Leased Property, unless Owners terminate this
Lease as provided in either paragraph five (5) or paragraph twenty-two (22) of this Lease. Tenant
agrees that any personal property of Tenant remaining on the Leased Property after the end of the
Lease term, or termination of the Lease, shall be deemed abandoned by Tenant and Owners shall
have the right to dispose of any such personal property in any manner Owners deem appropriate.
Tenant will be liable for any disposal costs incurred by Owners.
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20. No Partnership Created. This Lease shall not be deemed to give rise to a partnership
relation, and neither party shall have authority to obligate the other without written consent, except
as specifically provided in the Lease.
21. Miscelaneous Provisions
a. Time is of the essence of this Lease and of all provisions herein.
b. If any provisions of this Lease shall be declared invalid or unenforceable, the
remainder of the Lease shall continue in full force and effect.
c. Notwithstanding anything to the contrary contained herein, Owners’ liability
under this Lease shall be limited to Owners’ interest in the Property.
d. Subject to the provisions hereof, the benefits of this Lease and the burdens
hereunder inure to and are binding upon the parties hereto and their respective
heirs, administrators, successors, agents, and permitted assigns unless this
Lease is otherwise terminated as provided in either paragraph five (5) or
paragraph twenty-two (22) of this Lease.
e. The Owners reserve the right to grant to any third party such easements and
rights-of-way as it desires over, across, and under portions of the Property
and to lease all or any portion of the Property to any other third party so long
as such easements, rights-of-way, and leases do not unreasonably interfere
with the Tenant's continuing use of the Leased Property as provided in this
Lease.
f. This Lease will not be recorded. However, at the request of the Tenant, the
Owners and the Tenant will execute a memorandum of lease for recording,
containing the names of the parties, the legal description of the Leased
Property, the term of the Lease and such other information as the parties
mutually agree upon.
g. Notwithstanding anything herein to the contrary, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protection, or other provisions of the
“Colorado Governmental Immunity Act”, Section 24-10-101, et. seq. CRS,
as now or hereafter amended. The parties understand and agree that the
liability of the Owners for claims for injuries to persons or property arising
out of negligence of the Owners, its departments, institutions, agencies,
boards, officials, and employees is controlled and limited by the provisions
of Section 24-10-101, et. seq., CRS, as now or hereafter amended. Any
liability of the Owners created under any other provision of this contract,
whether or not incorporated herein by reference, shall be controlled by,
limited to, and otherwise modified so as to conform with, the above cited
laws.
22. Default.
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a. The Tenant agrees to observe and perform the conditions and agreements
herein set forth to be observed and performed by the Tenant. If Tenant
defaults in the payment of rent, or any part thereof, or if the Tenant shall fail
to observe or perform any conditions or agreements set forth in this Lease,
Owners shall give Tenant written notice that Tenant has fifteen (15) days to
cure such breach. If Tenant fails to commence within said fifteen-day period,
a course of performance to cure such default and thereafter to diligently
pursue the work required to correct it, then, and in that event, and as often as
the same may happen, it shall be lawful for the Owners, at their election, to
terminate this Lease and obtain a court order for the re-entry and repossession
of the Leased Property, using such force as may be necessary, and for removal
therefrom of crops and any personal property belonging to the Tenant without
prejudice to any claim for rent or for the breach of covenants hereof. Tenant
agrees to indemnify and hold harmless the Owners from and against any costs
for the removal and storing of crops and personal property elsewhere incurred
by the Owners under the provisions of this paragraph.
b. If the Owners shall commence an action for collection of rent or other sums
payable under this Lease, or to compel performance of any of the terms or
conditions of this Lease, or for damages for failure of Tenant to perform under
this Lease, the Owners shall collect from the Tenant and Tenant shall pay to
the Owners all reasonable attorney's fees in respect thereof, unless the Owners
shall lose such action.
23. Venue. This Lease shall be governed by the laws of the State of Colorado. Venue
for any action brought under this Lease shall be in Larimer County, Colorado.
24. Entire Agreement. This Lease contains the entire agreement of the parties and may
not be altered or amended except by mutual written agreement signed by both parties. This Lease
shall supersede any prior agreements between the parties and shall specifically terminate the
Original Lease between the parties.
(Remainder of page left intentionally blank.)
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IN WITNESS WHEREOF, the parties have executed this Dryland Farm Lease as of the date last
written below.
TENANT:
__________________________________________
Jake Sauer
__________________________________________
Matt Sauer
The foregoing instrument was acknowledged before me this ____ day of
____________________, 20____ by _____________________________________________.
Notary’s official signature
___________________________________
SEAL
___________________________________
Commission expiration date
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EXHIBIT B TO ORDINANCE NO. 131, 2024
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OWNERS:
CITY OF LOVELAND
ATTEST:
_________________________________ __________________________________________
City Clerk Rod Wensing, Acting City Manager
Date: _____________________________________
Approved As To Form:
_________________________________
Assistant City Attorney
CITY OF FORT COLLINS
ATTEST:
_________________________________ __________________________________________
City Clerk Kelly DiMartino, City Manager
_________________________________
(Print Name) Date ______________________________________
Approved As To Form:
_________________________________
Assistant City Attorney
_________________________________
(Print Name)
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EXHIBIT B TO ORDINANCE NO. 131, 2024
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EXHIBIT B TO ORDINANCE NO. 131, 2024
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Exhibit B – Property Legal Description
THE S 1/2 OF SECTION 28, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH
P.M., COUNTY OF LARIMER, STATE OF COLORADO
EXCEPT THOSE PARCELS DESCRIBED IN DEEDS RECORDED: MAY 31, 2000 AT
RECEPTION NO. 2000035785 AND OCTOBER 19, 2016 AT RECEPTION NO.
20160071291, AND EXCEPT ANY PORTION LYING WITHIN COUNTY ROAD 19
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Item 9.
File Attachments for Item:
10. Second Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations
and Authorizing Transfers of Appropriations for the Pedestrian Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Pedestrian Intersection Improvements Project (the “Project”). The funds will be
used to design and install pedestrian improvements at five locations. It is anticipated that these
improvements will improve bicycle and pedestrian safety by reducing crashes.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$1,250,326 of HSIP grant funds for the Project; 3) move previously appropriated matching funds
from the Community Capital Improvement Program (“CCIP”) Bicycle Program and
Transportation Services Fund for the Project; and 4) appropriate funds to the Art in Public
Places (“APP”) program.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations and Authorizing
Transfers of Appropriations for the Pedestrian Intersection Improvements Project and Related Art
in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City to receive
and expend federal Highway Safety Improvement Program (“HSIP”) funds and local funds for the
Pedestrian Intersection Improvements Project (the “Project”). The funds will be used to design and install
pedestrian improvements at five locations. It is anticipated that these improvements will improve bicycle
and pedestrian safety by reducing crashes.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement (“IGA”) for
the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate $1,250,326 of HSIP
grant funds for the Project; 3) move previously appropriated matching funds from the Community Capital
Improvement Program (“CCIP”) Bicycle Program and Transportation Services Fund for the Project; and 4)
appropriate funds to the Art in Public Places (“APP”) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Active Modes Plan recommends bicycle and pedestrian improvements at locations where these
improvements could reduce vehicular-pedestrian crashes. Vehicle-pedestrian crashes and vehicle-cyclist
crashes are more likely to result in severe injuries or fatalities. FC Moves staff and Engineering staff
evaluated five recommendations where improvements were likely to have a significant impact. The City
applied for HSIP grant funds to make improvements at these locations, applying for two locations in 2022
and three locations in 2023. The work includes a mix of improvements including a Pedestrian Hybrid
Beacon (”PHB”), infrastructure intended to address Americans with Disabilities Act (“ADA”) requirements,
a full signal, and Rectangular Rapid Flashing Beacons (”RRFBs”). The locations and proposed
improvements are listed below.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Pedestrian Intersection Improvements Project.
The total fund amount projected for this Project is $1,389,251 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project locations were identified as part of the Active Modes Plan adopted by Council in December
2022.
PUBLIC OUTREACH
Staff will develop and implement a Public Engagement Plan for the Project locations in conjunction with
the Communications and Public Involvement Office.
ATTACHMENTS
First Reading attachments not included.
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
Location Improvements
West Prospect Road & Prospect Lane PHB
East Mulberry Street & Remington ADA Improvements in conjunction with the full signal
Sharp Point Drive and March Court RRFB
Lake Street and Aggie Trail RRFB East of Lake Street and Shields Street
Kechter Road and Old Mill Road RRFB
Highway Safety Improvement Program (HSIP) Funds 1,250,326$
Community Capital Improvement Program (CCIP) Bicycle Program
(previously appropriated)88,925$
Transportation Services Funds (previously appropriated)50,500$
Total Funds to be Appropriated per this Action 1,389,751$
Transfer to Art in Public Places 500$
Total Project Funds 1,389,251$
Funds to be Appropriated per this Action
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Item 10.
- 1 -
ORDINANCE NO. 132, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE PEDESTRIAN INTERSECTION
IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES
A. This Ordinance concerns the evaluation and design and installation of
pedestrian improvements at five locations.
B. The Active Modes Plan recommends bicycle and pedestrian improvements
at locations where these improvements could reduce vehicular -pedestrian crashes.
Vehicle-pedestrian crashes and vehicle-cyclist crashes are more likely to result in severe
injuries or fatalities.
C. FC Moves and Engineering staff evaluated five recommendations where
improvements were likely to have a significant impact: West Prospect Road and Prospect
Lane, East Mulberry Street and Remington Street, Sharp Point Drive and March Court,
Lake Street and Aggie Trail, and Kechter Road and Old Mill Road.
D. The Pedestrian Intersection Improvements Project (the “Project”) has been
developed to install a mix of improvements including a Pedestrian Hybrid Beacon (”PHB”),
infrastructure intended to address Americans with Disabilities Act (“ADA”) requirements,
a full signal, and Rectangular Rapid Flashing Beacons (”RRFBs”), as listed in the
following table:
E. It is anticipated that the Project will improve pedestrian and bicycle safety
by reducing crashes.
F. The City applied for federal Highway Safety Improvement Program (“HSIP”)
grant funds to make improvements at these locations, applying for two locations in 2022
and three locations in 2023.
G. 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
Location Improvements
West Prospect Road & Prospect Lane PHB
East Mulberry Street & Remington ADA Improvements in conjunction with the full signal
Sharp Point Drive and March Court RRFB
Lake Street and Aggie Trail RRFB East of Lake Street and Shields Street
Kechter Road and Old Mill Road RRFB
Page 160
Item 10.
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exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
H. 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.
I. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred fun ds
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 p urpose
specified in the appropriation ordinance.
J. The City Manager has recommended the transfer of $50,500 from the
Transportation Services fund to the Capital Projects fund and $88,925 from the
Community Capital Improvement Program Bicycle Program capita l project budget to the
Pedestrian Intersection Improvements Project capital project budget determined that the
purpose for which the transferred funds are to be expended remains unchanged .
K. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
L. The total project cost of $50,000 has been used to calculate the contribution
to the APP program.
M. The amount to be contributed in this Ordinance will be $500.
N. A portion of the funds appropriated in this Ordinance for the Proje ct are
ineligible for use in the APP program due to restrictions placed on them by Colorado
Department of Transportation, the source of these funds.
O. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital projec t.
P. The City Council wishes to designate the appropria tions herein for the
Project as appropriations that shall not lapse until the completion of the Project.
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Item 10.
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Q. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
pedestrian infrastructure within the City’s transportation infrastructure.
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 ONE MILLION TWO HUNDRED FIFTY THOUSAND
THREE HUNDRED TWENTY-SIX DOLLARS ($1,250,326) to be expended in the Capital
Projects fund for the Pedestrian Intersection Improvements Project.
Section 2. The unexpended and unencumbered appropriated a mount of
EIGHTY-EIGHT THOUSAND NINE HUNDRED TWENTY-FIVE DOLLARS: ($88,925) is
authorized for transfer from the Bicycle Program budget in the Capital Projects fund to
the Pedestrian Intersection Improvements budget in the Capital Projects fund and
appropriated therein to be expended for Pedestrian Intersection Improvements Project.
Section 3. The unexpended and unencumbered appropriated amount of FIFTY
THOUSAND FIVE HUNDRED ($50,500) is authorized for transfer from the Transportation
Services fund to the Capital Projects fund and appropriated therein to be expended for
the Pedestrian Intersection Improvements Project.
Section 4, The unexpended and unencumbered appropriated amount of
THREE HUNDRED NINETY DOLLARS ($390) 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 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED DOLLARS ($100) 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 6. The unexpended and unencumbered appropriated amount of TEN
DOLLARS ($10) 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 7. The appropriations herein for the Pedestrian Intersection
Improvements Project 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 completion of the Project.
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Item 10.
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Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Heather N. Jarvis
Page 163
Item 10.
File Attachments for Item:
11. Second Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations
and Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
the Mulberry Street Traffic Signal Synchronization Project and Related Art in Public
Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Congestion Mitigation and Air Quality (“CMAQ”) Improvement
Program funds and local funds for the Mulberry Street Traffic Signal Synchronization Project
(the “Project”). The funds will be used to gather and evaluate data for existing conditions and
install adaptive signal system equipment at appropriate intersections on East Mulberry Street
between College Avenue and Greenfields Court. It is anticipated that the synchronization of
traffic signals along this corridor will reduce congestion and improve air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$440,000 of CMAQ grant funds for the Project; 3) appropriate matching funds from the
Transportation Services Funds Reserves for the Project; and 4) appropriate funds to the Art in
Public Places (APP) program.
Page 164
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Mulberry
Street Traffic Signal Synchronization Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City to receive
and expend federal Congestion Mitigation and Air Quality (“CMAQ”) Improvement Program funds and local
funds for the Mulberry Street Traffic Signal Synchronization Project (the “Project”). The funds will be used
to gather and evaluate data for existing conditions and install adaptive signal system equipment at
appropriate intersections on East Mulberry Street between College Avenue and Greenfields Court. It is
anticipated that the synchronization of traffic signals along this corridor will reduce congestion and improve
air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement (“IGA”) for
the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate $440,000 of CMAQ
grant funds for the Project; 3) appropriate matching funds from the Transportation Services Funds
Reserves for the Project; and 4) appropriate funds to the Art in Public Places (APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The East Mulberry Street (State Highway 14) corridor between College Avenue (US 287) and Greenfields
Court includes nine signalized intersections (College Avenue, Remington Street, Whedbee Street,
Riverside Avenue, Lemay Avenue, Link Lane, Timberline Road , Summit View Drive, Greenfields Court)
with daily traffic volumes that range from approximately 27,000 vehicles per day (“VPD”) to approximately
46,000 VPD as determined by the City of Fort Collins traffic count data. In 2021, Traffic Operations
Department staff determined that synchronizing the traffic signals in this corridor would provide significant
benefits and applied to the North Front Range Metropolitan Planning Organization (“NFRMPO”) for CMAQ
grant funds in that year’s call for projects. The application was successful, and the grant funds are now
available.
Page 165
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The Project will gather and evaluate data for existing conditions and determine appropriate intersections
to upgrade traffic signals with adaptive signal timing equipment. The new signal and system equipment will
be purchased and installed to implement the synchronization plan. It is anticipated that synchronization of
traffic signals along the Project corridor will have significant benefits by reducing traffic congestion at
signalized intersections and throughout the corridor with the overall result of improving air quality.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, procurement, and installation for the
Mulberry Street Traffic Signal Synchronization Project.
The total fund amount projected for this Project is $532,222 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This Project was identified in the 2024 work plan for the Traffic Operations Department.
PUBLIC OUTREACH
Staff will develop and implement a Public Engagement Plan for the Project in conjunction with the
Communications & Public Involvement Office.
ATTACHMENTS
First Reading attachments not included.
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
Congestion Mitigation and Air Quality (CMAQ) Improvement
Program Funds 440,000$
Transportation Services Funds Reserves 93,144$
Total Funds to be Appropriated per this Action 533,144$
Transfer to Art in Public Places 922$
Total Project Funds 532,222$
Funds to be Appropriated per this Action
Page 166
Item 11.
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ORDINANCE NO. 133, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE MULBERRY
STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT AND
RELATED ART IN PUBLIC PLACES
A. This Ordinance concerns the evaluation and design, purchase, and
installation of synchronized traffic signal equipment along the East Mulberry Street
corridor.
B. The East Mulberry Street (State Highway 14) corridor between College
Avenue (US 287) and Greenfields Court includes nine signalized intersections: College
Avenue, Remington Street, Whedbee Street, Riverside Avenue, Lemay Avenue, Link
Lane, Timberline Road, Summit View Drive, and Greenfields Court.
C. Daily traffic volumes through this East Mulberry corridor range from
approximately 27,000 vehicles per day (“VPD”) to approximately 46,000 VPD as
determined City of Fort Collins traffic count data.
D. In 2021, Traffic Operations Department staff determined that synchronizing
the traffic signals in this corridor would provide significant benefits and applied to the
North Front Range Metropolitan Planning Organization (“NFRMPO”) for federal
Congestion Mitigation and Air Quality (“CMAQ”) Improvement Program grant funds in that
year’s call for projects. The application was successful, and the grant funds are now
available.
E. The Mulberry Street Traffic Signal Synchronization Project (the “Project”)
has been developed to gather and evaluate data for existing conditions and install
adaptive signal timing equipment at appropriate intersections on East Mulberry Street
between College Avenue and Greenfields Court.
F. The Project involves purchasing and installing new signal and system
equipment to implement the synchronization plan. It is anticipated that synchronization of
traffic signals along the Project corridor will have significant benefits by reducing traffic
congestion at signalized intersections and throughout the corridor with the overall result
of improving air quality.
G. 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 167
Item 11.
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H. 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.
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 Transportation Services fund and will not cause the total amount appropriated in the
Transportation Services fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this fund during this fiscal year.
K. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
L. The City Manager has recommended the transfer of $93,144 from the
Transportation Services fund reserves to the Capital Projects fund and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
M. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
N. The total project cost of $92,222 has been used to calculate the contribution
to the APP program.
O. The amount to be contributed in this Ordinance will be $922.
P. A portion 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 Colorado
Department of Transportation.
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Item 11.
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Q. Article V, Section 11 of the City Charter authorizes the City Counc il to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital.
R. The City Council wishes to designate the appropriation herein for the Project
as an appropriation that shall not lapse until the completion of the Project.
S. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from new revenue or other funds in the
Capital Project fund the sum of FOUR HUNDRED FORTY THOUSAND DOLLARS
($440,000) to be expended in the Capital Projects fund for the Mulberry Street Traffic
Signal Synchronization Project.
Section 2. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of NINETY-THREE THOUSAND ONE HUNDRED
FORTY-FOUR DOLLARS ($93,144) to be expended in the Transportation Services fund
for transfer to the Capital Projects fund and appropriated therein for expenditure for the
Mulberry Street Traffic Signal Synchronization Project.
Section 3. The unexpended and unencumbered appropriated amount of
SEVEN HUNDRED NINETEEN DOLLARS ($719) in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein to fund art projects under the APP program.
Section 4. The unexpended and unencumbered appropriated amount of ONE
HUNDRED EIGHTY-FOUR DOLLARS ($184) 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 5. The unexpended and unencumbered appropriated amount of
NINETEEN DOLLARS ($19) 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 6. The appropriation herein for the Mulberry Street Traffic Signal
Synchronization Project is hereby designated, as authorized in Article V, Section 11 of
the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the completion of the Project.
Page 169
Item 11.
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Introduced, considered favorably on first reading on September 3, 2024, and
approved on second reading for final passage on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 27, 2024
Approving Attorney: Heather N. Jarvis
Page 170
Item 11.
File Attachments for Item:
12. Items Pertaining to the Annual Adjustment Ordinance.
A. First Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in
Various City Funds.
B. First Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in
Various City Funds.
C. First Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations
in Various City Funds.
D. First Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for
the Fossil Creek Trail Spur Project.
The purpose of these Annual Adjustment Ordinances is to appropriate additional
revenues or prior year reserves that need to be appropriated before the end of the year
to cover related expenses that were not anticipated, and therefore, not included in the
2024 annual budget appropriation. The additional revenue is primarily from fees,
charges for service, rents, contributions, donations, and grants that have been paid to
City departments to offset specific expenses.
Page 171
City Council Agenda Item Summary – City of Fort Collins Page 1 of 12
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly DiMartino, City Manager
Travis Storin, Chief Financial Officer
Lawrence Pollack, Budget Director
SUBJECT
Items Pertaining to the Annual Adjustment Ordinance.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in Various
City Funds.
B. First Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in Various City
Funds.
C. First Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations in Various
City Funds.
D. First Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for the Fossil
Creek Trail Spur Project.
The purpose of these Annual Adjustment Ordinances is to appropriate additional revenues or prior
year reserves that need to be appropriated before the end of the year to cover related expenses
that were not anticipated, and therefore, not includ ed in the 2024 annual budget appropriation.
The additional revenue is primarily from fees, charges for service, rents, contributions, donations,
and grants that have been paid to City departments to offset specific expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
These Ordinances appropriate additional revenue and funds received this fiscal year and from
prior year reserves in various City funds and authorize the transfer of previously appropriated
amounts between funds and/or capital projects.
The City Charter permits City at any time during a fiscal year to make supplemental appropriations
of additional revenue and other funds received as a result of rate/fee increases or new revenue
Page 172
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 12
sources, such as grants and reimbursements. The Charter also permits Council to provide, by
ordinance, for payment of any expense from prior year reserves through a supplemental
appropriation. Additionally, it authorizes Council to transfer any unexpended and unencumbered
appropriated amount from one fund or project to another fund or project upon recommendation of
the City Manager, provided that the purpose for which the transferred funds are to be expended:
1) remains unchanged; 2) the purpose for which they were initially appropriated no longer exists;
or 3) the proposed transfer is from a Fund or project account in which the amount appropriated
exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance.
The City Manager is recommending the proposed appropriations in these Ordinances and has
determined that they are available and previously unappropriated from their respective funds and
will not cause the total amount appropriated from such funds to exceed the current estimate of
actual and anticipated revenues and all other funds to be received in ea ch such fund during this
fiscal year.
The City Manager is also recommending the proposed transfers of existing appropriations in these
Ordinances and has determined that the purposes for which these transferred funds are to be
expended remains unchanged.
If these appropriations are not approved, the City will have to reduce expenditures even though
revenue and reimbursements have been received to cover those expenditures.
These items were presented to the Council Finance Committee (CFC) on September 5, 2024 .
During the discussion, a question was raised on Item #7 about fees related to Conflict
Transformation Works, which required follow-up. The explanation below has been expanded to
include the response to the inquiry.
The table below is a summary of the expenses in each fund that make up the increase in the
requested appropriations. Also included are transfers between funds, which do not increase net
appropriations, but per the City Charter, require Council approval to make the transfer. A table
with the specific use of prior year reserves appears at the end of this Agenda Item Summary.
Funding Additional
Revenue
Prior Year
Reserves Transfers TOTAL
General Fund $801,293 $292,582 $0 $1,093,875
Cultural Services Fund 7,400 291,064 5,630 304,094
Capital Projects Fund 243,300 0 21,300 264,600
Transportation Services Fund 1,429,500 1,200 0 1,430,700
Self-Insurance Fund 970,239 0 0 970,239
Golf Fund 1,500 25,130 0 26,630
Cemeteries Fund 0 207,870 0 207,870
801-URA - Prospect South TIF
District Fund 0 1,873,927 0 1,873,927
803-URA - Mall Fund 0 17,804 0 17,804
Transportation CEF Fund 0 21,300 0 21,300
GRAND TOTAL $3,453,232 $2,730,877 $26,930 $6,211,039
A. GENERAL FUND
1. EPS - Weld County Reimbursement for CERT Purchase
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 12
City's EPS applied to a FEMA funded program ran through the State's Northeast All
Hazard Region. Weld County serves as the fiscal agency for the State's Northeast All
Hazard Region, reporting all FEMA funds used for selected projects on its financials (Weld
County = grant recipient). The workings of the program provide Weld reimbursing the City
in upwards of $4,998 for emergency related equipment/supplies. Based on the City not
deemed as a grant recipient of FEMA funds, the $4,998 in funds to be reimbursed by Weld
are not grant funds. City's EPS will spend the $4,998 in 2024.
FROM: Unanticipated Revenue (Weld County reimbursement) $4,998
FOR: CERT Purchase $4,998
2. Municipal Court - Constitutional Requirements
This request is to add additional funding for Court Appointed Defense Counsel attorneys
and interpreters to the Municipal Court's 2024 budget. The Municipal Court's enforcement
caseload has increased 21% in 2024 over 2023 case filings, and 33% over case filings in
2022. The number of scheduled interpreter hearings has doubled in 2024 as compared to
2023 (90 in 2023, 201 in 2024 through July 31st of each year). Because of these caseload
and hearing increases, the Court needs additional funds to continue to provide these
constitutionally required services to Court defendants.
FROM: Prior Year Reserves (General Fund) $47,288
FOR: Municipal Court constitutionally required services $47,288
3. Municipal Court - Contractual Obligations
This request is to add funding to the Municipal Court's 2024 budget to pay for Jail Services.
Larimer County and the City of Fort Collins annually review the intergovernmental
agreement (IGA) relating to the City's use of the Larimer County Jail for municipal
defendants and bonding services. The agreement includes the costs for bed spaces,
bonding services, and in-custody video hearings held three (3) a week to meet new State
Law requirements. All of the costs associated with these services and this contrac t have
increased. The Court and the City Attorney's Office work closely with the Larimer County
Jail to review and update procedures and apply efficiencies where possible.
FROM: Prior Year Reserves (General Fund) $46,059
FOR: Municipal Court jail services $46,059
4. Fort Collins Police Services (FCPS) has received revenue from various sources. A
listing of these items follows:
a. $140,691 – Police Miscellaneous Revenue: Police Services receives revenue from the
sale of Police reports along with other miscellaneous revenue, like restitution payments,
evidence revenue and SWAT training.
b. $34,800 – 2023/2024 BATTLE Grant Supplemental (Beat Auto Theft Through Law
Enforcement): 'The Property Crimes division of Police Services has been awarded an
additional $34,000 on top of the original $18,000 grant to fund additional overtime to help
investigate auto theft in Northern Colorado.
c. $29,387 - 2024 CRISP Server Storage Upgrade: Police Services needed more server
Page 174
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 12
space to allow the CRISP system to function properly. This clean up appropriation is
equal to Larimer County's contribution to the server upgrade.
d. $29,517 - 2020 JAG Grant Supplemental Award: Larimer County is the Recipient of the
JAG grant and at the end of the 3-year grant period in 2023, the county had excess grant
funds to award and instead of sending them back to DOJ, the city accepted the funds to
offset overtime expenses in 2023 for the Drug Task Force for drug investigations.
e. $43,750 - 2024 Police Radio Used Radio Sale: Police Services sold off old radios that
are no longer being used and the revenue will be used to purchase new radios.
f. $265,534 - Police Reimbursable Overtime: Police Services help schedule security and
traffic control for large events. Since these events are staffed by officers outs ide of their
normal duties, officers are paid overtime. The organizational who requested officer
presence and then billed for the costs of the officers' overtime. FCPS partners with
Larimer County to staff events at The Ranch. Police receives reimbursement from
Larimer County for officers’ hours worked at Ranch events.
g. $69,684 – 2024 Police School Resource Officers Overtime: Police Services have a
contract with Poudre School District to provide Officers on location at a majority of the
schools for safety and support. The school district pays Police Services based on a
predetermined contract amount and also partially reimbursing for overtime incurred. This
request is for the previously billed overtime and anticipated overtime for the remaining
year.
h. $8,912 - 2024 DUI Enforcement: Proceeds that have been received for DUI
enforcement.
i. $1,847 - ICAC SFY 2023-24 Grant: Cyber Crimes received a supplemental award of
1,847 to help fund additional travel for training purposes.
j. $19,000 - 2024-2025 HVE Grant: The Pollice Traffic Unit was awarded $19,000 to help
fund Police overtime expenses in order to monitor DUI compliance on targeted
enforcement days.
TOTAL APPROPRIATION
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $140,691
FROM: Unanticipated Revenue (2023/2024 BATTLE Grant supplemental) $34,800
FROM: Unanticipated Revenue (Partner Agency Contributions for CRISP
Server upgrades) $29,387
FROM: Prior Year Reserves (2020 JAG Grant) $29,517
FROM: Unanticipated Revenue (Used radios sale) $43,750
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $265,534
FROM: Unanticipated Revenue (School Resource Officers) $69,684
FROM: Unanticipated Revenue (DUI Enforcement) $8,912
FROM: Unanticipated Revenue (ICAC SFY 2023-24 Grant) $1,847
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $19,000
Total: $643,122
FOR: Police Miscellaneous Revenue $140,691
FOR: Help prevent auto theft $34,800
Page 175
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 12
FOR: CRISP server upgrades $29,387
FOR: Investigate illegal drug use and sales $29,517
FOR: Purchase of communication equipment $43,750
FOR: Police Reimbursable Overtime for events $265,534
FOR: Overtime for School Resource Officers $69,684
FOR: DUI enforcement $8,912
FOR: Help prevent Internet Crimes Against Children $1,847
FOR: Monitor DUI compliance $19,000
Total: $643,122
5. Digital Inclusion - Connexion Discount Program
Dedicated revenue from Fort Collins Connexion's PILOT (Payment in Lieu of Taxes) are paid
to the General Fund to support the City's Digital Inclusion Program. The Digital Inclusion
Program reimburses Connexion for customers enrolled in the income -qualified digital inclusion
discount program. Increased enrollment in the program will result in the discount
reimbursement to exceed budget at year-end. PILOT revenues to the General Fund are
projected to cover the increase in discounted customers and is requested to be appropriated
in 2024.
FROM: Unanticipated Revenue $135,000
FOR: Connexion Discount Program $135,000
6. Radon Kits
Environmental Services sells radon test kits at cost as part of its program to reduce lung-
cancer risk from in-home radon exposure. This appropriation recovers kit sales revenue for
the purpose of restocking radon test kits annually.
FROM: Unanticipated Revenue (Radon kit sales) $1,672
FOR: Purchase of radon kits to sell $1,672
7. Work for Others and Program Fees for Conflict Transformation Works
The Conflict Transformation Works (CTW) program earns revenue from 2 main sources:
providing workplace mediation for other City Departments and charging fees to the youth
who are involved in the conflict programming and resolution. In the latter case, there is a
$50 program fee for youth referred to the Restorative Justice (RJ) programs. The programs
offer a sliding scale to $10 and waive fees for foster youth and those who are unhoused or
facing eviction. Youth and families choose RJ program participation over other alternatives
offered by the referring agency.
These revenue dollars primarily support the programming costs. We are requesting
appropriation of Mediation revenue of $3,000 ($1,462.50 has been received in 2024 and the
remaining $1,527.50 is projected to be earned in 2024) and fee revenue of $2,600 ($1,620
has been received in 2024 and the remaining $980 is projected to be earned in 2024).
FROM: Unanticipated Revenue (Work for Others and Program Fees) $5,600
FOR: Conflict Transformations Works program $5,600
Page 176
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 12
8. Restorative Justice Grant Award
A grant in the amount of $40,428 was awarded from the Colorado Division of Criminal Justice
Juvenile Diversion fund for the continued operations of Restorative Justice Services programs
that provide a community alternative to the justice system for youth who commit crimes in Fort
Collins. No match is required, and it is a reimbursable grant. Grant period is July 1, 2024 -
June 30, 2024. This grant helps fund youth referred from the 8th Judicial District Attorney's
Office or referred in lieu of a summons to that office. Since 2004, the City has received grant
funding for Restorative Justice Services from this grant funding agency.
FROM: Unanticipated Revenue (Colorado Division of Criminal
Justice Diversion Grant)
$40,428
FOR: Restorative Justice Services programs $40,428
9. Land Bank Operational Expenses
This request is intended to cover expenses related to the land bank property maintenance
needs for 2023. Since expenses vary from year to year, funding is requested annually mid-
year to cover these costs. Expenses in 2023 include general maintenance of properties, raw
water and sewer expenses, electricity, repairs, and other as applicable.
FROM: Prior Year Reserves (Land Bank reserve within the
General Fund)
$71,800
FOR: Land Bank Operational Expenses $71,800
10. Manufacturing Equipment Use Tax Rebate
Finance requests the appropriation of $97,918 to cover the amount due for the 2023
Manufacturing Equipment Use Tax Rebate program as established in Chapter 25, Article II,
Division 5, of the Municipal Code.
FROM: Prior Year Reserves (Manufacturing Rebate reserve
within the General Fund)
$97,918
FOR: Manufacturing Equipment Use Tax Rebate $97,918
B. CULTURAL SERVICES & FACILITIES FUND
1. Pianos About Town Grants
The purpose of this item is to appropriate prior year grant funds from the Bohemian Foundation
to Art in Public Places for the Pianos About Town program. Cultural Services received grants
in 2017, 2018 and 2020 totaling $128,414 and those funds were never appropriated. This item
seeks to ensure that the funding is correctly and legally budgeted and accounted for.
FROM: Prior Year Reserves (Cultural Services & Facilities
Fund)
$128,414
FOR: Pianos About Town program $128,414
Page 177
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 7 of 12
2. Creative District Grant Funding
The purpose of this item is to appropriate current and prior year grant and miscellaneous funds
for the activities of the Downtown Fort Collins Creative District in the amount of $170,050. Of
$185,905 in total funding awarded to the Creative District since it started in 2014, $15,855 has
been appropriated. This activity will have a net neutral impact on the City's bottom line and is
required by City Charter and will ensure that the funding is correctly and legally budgeted and
accounted for.
FROM: Prior Year Reserves (contributions, donations &
various grants)
$162,650
FROM: Unanticipated Revenue (contributions & donations) $400
FROM: Unanticipated Revenue (State of Colorado CCI
Grant
$7,000
FOR: Downtown Fort Collins Creative District $170,050
3. Southridge Golf Irrigation Project APP contribution (refer to item G3)
Ordinance numbers 100 & 101, to be reviewed and passed by Council on August 20, 2024
should have included a contribution to Art in Public Places in the amount of $5,630. This is
based on the amount of $563,000 for the irrigation system replacement at Southridge Golf
Course.
FROM: Transfer from the Golf Fund $5,630
FOR Art in Public Places contribution $5,630
C. CAPITAL PROJECTS FUND
1. King Soopers 146 -- Midtown Gardens Marketplace Payment-In-Lieu (Drake and
College Intersection)
As part of the development agreement for King Soopers 146 -- Midtown Gardens Marketplace at
the northwest corner of Drake and College, the developer's traffic study shows an impact to the
College Avenue and Drake Road intersection that would have required the construction of an
eastbound to southbound right turn lane from Drake Road to College Avenue. In -lieu of the
developer constructing this right turn lane, the development agreement required th e payment of
$243,300 to the City as part of the College and Drake Capital Project. The Engineering
Department is currently designing the Drake and College intersection improvement.
FROM: Unanticipated Revenue (Payment in lieu) $243,300
FOR: Intersection improvements $243,300
2. Union on Elizabeth Payment-In-Lieu (W. Elizabeth St.; refer to item K1)
The City received a payment in lieu of construction from the Developer of the Union on Elizabeth
project. The payment was for required roadway frontage improvements of W. Elizabeth St., per
their development agreement. This payment was collected in 2018 and deposited into the
Transportation Capital Expansion Fee Fund.
FROM: Transfer from Transportation Capital Expansion Fee $21,300
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 8 of 12
Fund (Payment in lieu)
FOR: Roadway frontage improvements $21,300
D. TRANSPORTATION SERVICES FUND
1. Open Streets Vendor Fees
Open Streets is an annual FC Moves event that promotes active modes of transportation and
invites folks to experience a street without cars. At Open Streets, participants can expect 1 -2
miles of car-free, family-friendly streets. Participants are encouraged to Ride the Route and
explore areas called “Activity Hubs”- temporary clusters of activity provided by local
businesses and organizations. Vendors for Open Streets are charged $50 if they are a non -
profit, $100 if they are a private business. For our Fall 2024 event, we have 38 private
businesses and 10 non-profits already signed up as vendors, in addition to 10 food trucks.
Our request includes $1,200 in vendor fees from 2023 that were not appropriated (so this
would be coming from Transportation Reserves), $4,000 in fees that have been collected to
date in 2024, and a projection of another $500 we expect to collect for the remainder of 2024.
It is important that we are able to offset our costs with these fees, since our operating budget
is not large enough to support this event without incoming revenue.
FROM: Prior Year Reserves (Vendor fees) $1,200
FROM: Unanticipated Revenue (Vendor fees) $4,500
FOR: Open Streets Program $5,700
2. Spin Annual Payment
Per the contract between the City and Spin, Spin pays an annual fee of $10,000. These funds
can be used at the City's discretion, and typically are used for projects related to the Spin
program. In 2024, funds were used to install bike/scooter boxes for better parking options, and
to support the Which Wheels Go Where project to update City code regulating what types of
micromobility can be used on what facilities.
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
3. Streets Department Work for Other Program
The Planning, Development and Transportation Work for Others program is a self-supported
program for all “Work for Others” activities within Streets. Expenses are tracked and billed out
to other City departments, Poudre School District, CSU, CDOT, Larimer County, developers
and other public agencies. The original budget of $3.2 M was an estimate based on prior years
budget with allowed growth rate. Due to unanticipated projects and equipment/parts needs,
and higher cost of materials, additional funding of $715K is requested to cover projects through
the end of 2024. Revenue for performing the work will offset the expense (expense will not be
incurred if revenue is not received).
FROM: Unanticipated Revenue (Work for Others) $715,000
FOR: Work For Others program within the Streets Dept $715,000
Page 179
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 9 of 12
4. Traffic Department Work for Other Program
The Planning, Development and Transportation Work for Others program is a self -supported
program for all “Work for Others” activities within Traffic. Expenses are tracked and billed out
to other City departments, developers and other public agencies. The original budget of $752K
was an estimate based on prior years budget with allowed growth rate. Due to unanticipated
projects and equipment/parts needs, and higher cost of materials, additional funding of $700K
is requested to cover projects through the end of 2024. Revenue for performing the work will
offset the expense (expense will not be incurred if revenue is not received).
FROM: Unanticipated Revenue (Work for Others) $700,000
FOR: Work For Others program within the Traffic Dept $700,000
E. SELF INSURANCE FUND
1. Self Insurance Fund Insurance expenditures
City insurance premiums and claim settlements are projecting to exceed the 2024 budget
within the Self Insurance Fund. 2024 Fund revenues in the amount of $970,239 are available
for appropriation to cover excess insurance expenditures. Self Insurance Fund reserves
exceed the City's target reserve level and surplus revenues are not needed to contribute to
fund balance at year end.
FROM: Unanticipated Revenue $970,239
FOR: City insurance premiums and claim settlements $970,239
F. CONSERVATION TRUST FUND
1. Correct lapsing to non-lapsing ORD 33 Fossil Creek Trail Spur Project
Ordinance #33, adopted by Council on March 19, 2024, should have been non -lapsing. This
was not clearly indicated in the AIS, so the amount needs to be moved from a lapsing to a
non-lapsing business unit since this is for the Fossil Creek Trail Spur Project.
FROM: Prior Appropriations in a lapsing business unit in the Conservation
Trust Fund
$35,000
FOR: Non-lapsing business unit for Fossil Creek Trail Spur Project $35,000
G. GOLF FUND
1. Golf Course Superintendent Association of America (GCSAA) Grants
First Green GCSAA Grants (Golf Course Superintendent Association of America) were
awarded in early 2024 to all three golf courses for Poudre School District community outreach.
With these grants, we engaged with STEM (Science, Technology, Engineering and
Mathematics) students and taught them about how it applies to a golf course. We've received
$1,500 for these grants.
FROM: Unanticipated Revenue (GCSAA grants) $1,500
Page 180
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 10 of 12
FOR: Poudre School District community outreach $1,500
2. City Park 9 Pump station repairs
The City Park 9 Pump Station is showing signs of imminent failure and will need to be replaced
prior to the 2025 season in order to maintain the current level of service provided to its patrons.
Without this station, irrigation of the course is no t possible. In 2024, repairs were made in
order to get the station through the end of the season, but if the pump were to fail in 2025, it
would lead to subpar course conditions and reductions in rounds revenue. These repairs take
around 8-12 weeks and need to be completed prior to the start of the 2025 irrigation season
in early March. Total cost of these repairs are estimated at $25,130.
FROM: Prior Year Reserves (Golf Fund) $25,130
FOR: City Park 9 Pump station repairs $25,130
3. Southridge Golf Irrigation Project APP contribution (refer to item B3)
Ordinance numbers 100 & 101, to be reviewed and passed by Council on August 20, 2024,
should have included a contribution to Art in Public Places in the amount of $5,630. This is
based on the amount of $563,000 for the irrigation system replacement at Southridge Golf
Course.
FROM: Prior Appropriations $5,630
FOR Transfer to Cultural Services & Facilities Fund $5,630
H. CEMETERIES FUND
1. 149 Grandview repairs
The Parks Cemeteries division manages a rental house at 149 Grandview that is in desperate
need of repairs due to missed inspections. These repairs include gutter cleaning/repairs, deck
repairs/painting, roof repairs, window sealing, and more are estimated at $50,000.
FROM: Prior Year Reserves (Cemeteries Fund) $50,000
FOR: 149 Grandview repairs $50,000
2. Grandview pump station electrical repairs/upgrades
In April Cemeteries made necessary electrical repairs/upgrades to the Grandview pump
station due to an outdated source that was not up to code and unsafe. The total cost of these
repairs is $34,720.
FROM: Prior Year Reserves (Cemeteries Fund) $34,720
FOR: Grandview pump station electrical repairs/upgrades $34,720
3. Purchase of Backhoe in 2023 invoiced in 2024
Cemeteries was approved for the purchase of a Backhoe during the 23-24 budget cycle (Offer
57.2). PO 9240355 was issued for this purchase 2/23/2023; however, it was not delivered until
February 2024. This PO was missed during the PO Carryforward exercise. We are asking for
Page 181
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 11 of 12
$123,150 to cover these expenses that should have hit in 2023.
FROM: Prior Year Reserves (Cemeteries Fund) $123,150
FOR: Purchase of backhoe invoiced in 2024 $123,150
I. URA PROSPECT SOUTH FUND #801
1. Transfer of Urban Renewal Authority (URA) Fund Equity 801 to Fund 800
The URA districts were consolidated into one fund in 2024, Fund 800. This transfers the
residual assigned fund balance in Fund 801 (Prospect South) & Fund 803 (Foothills Mall) to
Fund 800. Subsidiaries have been assigned in the new fund structure and funds will be
transferred accordingly.
FROM: Prior Year Reserves (URA Fund 801) $1,873,927
FOR: Transfer to URA Operations and Maintenance
Fund #800
$1,873,927
J. URA MALL FUND #803
1. Transfer of Urban Renewal Authority (URA) Fund Equity 803 to Fund 800
The URA districts were consolidated into one fund in 2024, Fund 800. This transfers the
residual assigned fund balance in 801 (Prospect South) & 803 (Foothills Mall) to fund 800.
Subsidiaries have been assigned in the new fund structure and funds wi ll be transferred
accordingly.
FROM: Prior Year Reserves (URA Fund 803) $17,804
FOR: Transfer to URA Operations and Maintenance
Fund #800
$17,804
K. TRANSPORTATION CEF FUND
1. Transfer to the Capital Projects Fund for the Union on Elizabeth Payment-In-Lieu
(W. Elizabeth St.; refer to item C2)
The City received a payment in lieu of construction from the Developer of the Union on
Elizabeth project. The payment was for required roadway frontage improvements of W.
Elizabeth St., per their development agreement. This payment was collected in 2018 and
deposited into the Transportation Capital Expansion Fee Fund.
FROM: Prior Year Reserves (Payment in lieu) $21,300
FOR: Transfer to the Capital Projects Fund $21,300
CITY FINANCIAL IMPACTS
This Ordinance increases total City 2024 appropriations by $6,211,039. Of that amount, this
Ordinance increases General Fund 2024 appropriations by $1,093,875, including use of
$292,582 in prior year reserves. Funding for the total increase to City appropr iations is
Page 182
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 12 of 12
$3,453,232 from unanticipated revenue, $2,730,877 from prior year reserves and $26,930 from
transfers from reserves or previously appropriated funds.
The following is a summary of the items requesting prior year reserves:
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The 2024 Annual Adjustment Ordinance was reviewed by the Council Finance Committee during
their September 5, 2024, meeting. The members supported the ordinance moving forward to the
full Council on the September 17, 2024, on the Consent Agenda.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Ordinance D for Consideration
Item #Fund Use Amount
A2 General Fund Muni Ct - Constitutional Requirements $47,288
A3 General Fund Muni Ct - Contractual Obligations 46,059
A4d General Fund Police - 2020 JAG Grant Supplemental Award 29,517
A9 General Fund Land Bank Operational Expenses 71,800
A10 General Fund Manufacturing Equipment Use Tax Rebate 97,918
B1 Cultural Services Fund Pianos About Town Grants 128,414
B2 Cultural Services Fund Creative District Grant Funding 162,650
D1 Transportation Services Fund Open Streets Vendor Fees 1,200
G2 Golf Fund Golf - City Park 9 Pump station repairs 25,130
H1 Cemeteries Fund Cemeteries- 149 Grandview repairs 50,000
H2 Cemeteries Fund Cemeteries - Grandview pump station electrical
repairs/upgrades 34,720
H3 Cemeteries Fund Cemeteries - Purchase of Backhoe in 2023 invoiced in
2024 123,150
I1 801-URA - Prospect South TIF
District Fund Transfer of URA Fund Equity 801 to Fund 800 1,873,927
J1 803-URA - Mall Fund Transfer of URA Fund Equity 803 to Fund 800 17,804
K1 Transportation CEF Fund Engineering - Union on Elizabeth Payment-In-Lieu (W.
Elizabeth St.)21,300
Total Use of Prior Year Reserves:$2,730,877
Page 183
Item 12.
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ORDINANCE NO. 134, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN VARIOUS
CITY FUNDS
A. The City has received additional revenue and other funds this fiscal year
that were not anticipated.
B. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated
C. The City has also received revenue and other funds that were anticipated
but were not appropriated in the 2024 annual appropriation or previous supplemental
appropriations.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriations, in combination with all previous appropriations for that fiscal year, does
not exceed the current estimate of actual and anticipated revenues and all other funds to
be received during the fiscal year.
E. The City Manager is recommending the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the funds named within Section 1 of this Ordinance and will not cause the total
amount appropriated in each fund named within Section 1 of this Ordinance to exceed
the current estimate of actual and anticipated revenues and all other funds to be received
in each such fund during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or 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 completion of the capital
project or 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 .
G. The City Council wishes to designate the appropriations described herein
within Section 1 of this Ordinance as non-lapsing for the capital projects and the federal,
state or private grants as appropriations that shall not lapse until completion of the capital
project and the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Page 184
Item 12.
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In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of additional revenue and other funds existing appropriations as described below, to be
expended for the public purposes stated below.
GENERAL FUND
FROM: Unanticipated Revenue (Weld County reimbursement) $4,998
FOR: CERT Purchase $4,998
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $140,691
FOR: Police Miscellaneous Revenue $140,691
FROM: Unanticipated Revenue (2023/2024 BATTLE Grant
supplemental) $34,800
FOR: Help prevent auto theft (non-lapsing) $34,800
FROM: Unanticipated Revenue (Partner Agency Contributions for
CRISP Server upgrades) $29,387
FOR: CRISP server upgrades $29,387
FROM: Unanticipated Revenue (Used radios sale) $43,750
FOR: Purchase of communication equipment $43,750
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $265,534
FOR: Police Reimbursable Overtime for events $265,534
FROM: Unanticipated Revenue (School Resource Officers) $69,684
FOR: Overtime for School Resource Officers $69,684
FROM: Unanticipated Revenue (DUI Enforcement) $8,912
FOR: DUI enforcement $8,912
FROM: Unanticipated Revenue (ICAC SFY 2023-24 Grant) $1,847
FOR: Help prevent Internet Crimes Against Children (non-lapsing) $1,847
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $19,000
FOR: Monitor DUI compliance (non-lapsing) $19,000
FROM: Unanticipated Revenue $135,000
FOR: Connexion Discount Program $135,000
FROM: Unanticipated Revenue (Radon kit sales) $1,672
Page 185
Item 12.
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FOR: Purchase of radon kits to sell $1,672
FROM: Unanticipated Revenue (Work for Others and Program Fees) $5,600
FOR: Conflict Transformations Works program $5,600
FROM: Unanticipated Revenue (Colorado Division of Criminal
Justice Diversion Grant)
$40,428
FOR: Restorative Justice Services programs (non-lapsing) $40,428
CULTURAL SERVICES & FACILITIES FUND
FROM: Unanticipated Revenue (contributions & donations) $400
FOR: Downtown Fort Collins Creative District $400
FROM: Unanticipated Revenue (State of Colorado CCI Grant $7,000
FOR: Downtown Fort Collins Creative District (non-lapsing) $7,000
CAPITAL PROJECTS FUND
FROM: Unanticipated Revenue (Payment in lieu) $243,300
FOR: Intersection improvements $243,300
TRANSPORTATION SERVICES FUND
FROM: Unanticipated Revenue (Vendor fees) $4,500
FOR: Open Streets Program $4,500
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
FROM: Unanticipated Revenue (Work for Others) $715,000
FOR: Work For Others program within the Streets Dept $715,000
FROM: Unanticipated Revenue (Work for Others) $700,000
FOR: Work For Others program within the Traffic Dept $700,000
SELF INSURANCE FUND
FROM: Unanticipated Revenue $970,239
FOR: City insurance premiums and claim settlements $970,239
GOLF FUND
FROM: Unanticipated Revenue (GCSAA grants) $1,500
FOR: Poudre School District community outreach (non-lapsing) $1,500
Page 186
Item 12.
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Section 2. The appropriations identified above as non-lapsing in Section 1 of
this Ordinance for the capital projects and the federal, state or private grants, as
authorized in Article V, Section 11 of the City Charter, as appropriations that shall not
lapse until completion of the capital projects and the earlier of the expiration of the grants
or the City’s expenditure of all funds received from such grants.
Introduced, considered favorably on first reading on September 17, 2024,
and approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 187
Item 12.
- 1 -
ORDINANCE NO. 135, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN VARIOUS CITY
FUNDS
A. The City has prior year-reserves available for appropriation.
B. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
C. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to appropriate 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 funds were not previously appropriated.
D. The City Manager is recommending the appropriations described herein
and has determined that these appropriations are available and previously
unappropriated from the funds named within Section 1 of this Ordinance and will not
cause the total amount appropriated in each fund named within Section 1 of this
Ordinance to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in each such fund during this fiscal year.
E. 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 or donation, that such appropriation shall no t 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
donation or the City’s expenditure of all funds received from such grant or donation.
F. The City Council wishes to designate the appropriation herein for the 2020
supplemental JAG 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.
G. The City Council wishes to designate the appropriation herein for the Fossil
Creek Trail Spur Project as an appropriation that shall not lapse until the completion of
the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of prior year reserves set forth below to be expended for the public purposes stated below.
Page 188
Item 12.
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GENERAL FUND
FROM: Prior Year Reserves (General Fund) $47,288
FOR: Municipal Court constitutionally required services $47,288
FROM: Prior Year Reserves (General Fund) $46,059
FOR: Municipal Court jail services $46,059
FROM: Prior Year Reserves (2020 supplemental JAG Grant) $29,517
FOR: Investigate illegal drug use and sales (non-lapsing) $29,517
FROM: Prior Year Reserves (Land Bank reserve within the General
Fund)
$71,800
FOR: Land Bank Operational Expenses $71,800
FROM: Prior Year Reserves (Manufacturing Rebate reserve within
the General Fund)
$97,918
FOR: Manufacturing Equipment Use Tax Rebate $97,918
CULTURAL SERVICES & FACILITIES FUND
FROM: Prior Year Reserves (Cultural Services & Facilities Fund) $128,414
FOR: Pianos About Town program $128,414
FROM: Prior Year Reserves (contributions, donations & various
grants)
$162,650
FOR: Downtown Fort Collins Creative District $162,650
TRANSPORTATION SERVICES FUND
FROM: Prior Year Reserves (Vendor fees) $1,200
FOR: Open Streets Program $1,200
GOLF FUND
FROM: Prior Year Reserves (Golf Fund) $25,130
FOR: City Park 9 Pump station repairs $25,130
CEMETERIES FUND
FROM: Prior Year Reserves (Cemeteries Fund) $50,000
FOR: 149 Grandview repairs $50,000
FROM: Prior Year Reserves (Cemeteries Fund) $34,720
FOR: Grandview pump station electrical repairs/upgrades $34,720
Page 189
Item 12.
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FROM: Prior Year Reserves (Cemeteries Fund) $123,150
FOR: Purchase of backhoe invoiced in 2024 $123,150
URA PROSPECT SOUTH FUND #801
FROM: Prior Year Reserves (URA Fund 801) $1,873,927
FOR: Transfer to URA Operations and Maintenance Fund #800 $1,873,927
URA MALL FUND #803
FROM: Prior Year Reserves (URA Fund 803) $17,804
FOR: Transfer to URA Operations and Maintenance Fund #800 $17,804
TRANSPORTATION CEF FUND
FROM: Prior Year Reserves (Payment in lieu) $21,300
FOR: Transfer to the Capital Projects Fund $21,300
Section 2. The appropriations identified above as non -lapsing in Section 1 of
this Ordinance for the capital projects and the federal, state or private grants, as
authorized in Article V, Section 11 of the City Charter, as appropriations that shall not
lapse until completion of the capital projects and the earlier of the expiration of the grants
or the City’s expenditure of all funds received from such grants.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 190
Item 12.
- 1 -
ORDINANCE NO. 136, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS IN
VARIOUS CITY FUNDS
A. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
B. Article V, Section 10 of the City Charter authorizes the C ity 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 t he 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.
C. The City Manager has recommended the transfer of $5,630 from the Golf
Fund to the Cultural Services & Facilities Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
D. The City Manager has recommended the transfer of $21,300 from the
Transportation Capital Expansion Fee Fund to the Capital Projects Fund and determined
that the purpose for which the transferred funds are to be expended remains unchanged .
E. 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 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 completion of the
capital project or 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.
F. The City Council wishes to designate the appropriation herein for the
artwork portion of the Art in Public Places (APP) contribution as an appropriation that shall
not lapse until the completion of the project.
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 following unexpended and unencumbered appropriated
amounts are hereby authorized for transfer between the following funds and appropriated
therein as detailed below to be expended for the public purpose s stated below.
Page 191
Item 12.
- 2 -
FROM: Transfer from the Golf Fund (using previously appropriated
expenses in 2024 Ordinances #100 & 101)
$5,630
FOR Art in Public Places artwork contribution in the Cultural
Services & Facilities Fund (non-lapsing)
$4,391
FOR Art in Public Places operation costs contribution in the
Cultural Services & Facilities Fund
$1,126
FOR Art in Public Places maintenance costs contribution in the
Cultural Services & Facilities Fund
$113
FROM: Transfer from Transportation Capital Expansion Fee (CEF)
Fund (Payment in lieu)
$21,300
FOR: Roadway frontage improvements in the Capital Projects
Fund
$21,300
Section 2. The appropriation herein for the artwork portion of the Art in Public
Places (APP) contribution, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of the fiscal year but continue until
completion of the capital project.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading f or final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 192
Item 12.
- 1 -
ORDINANCE NO. 137, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFER OF APPROPRIATIONS FOR THE
FOSSIL CREEK TRAIL SPUR PROJECT
A. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
B. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
C. The City Manager has recommended the transfer of $35,000 from the
lapsing operating budget to the non-lapsing project budget in the Conservation Trust Fund
and determined that the purpose for which the transferred funds are to be expended
remains unchanged.
D. 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 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 completion of the
capital project or 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.
E. The City Council wishes to designate the appropriation herein for the Fossil
Creek Trail Spur Project as an appropriation that shall not lapse un til the completion of
the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of
THIRTY-FIVE THOUSAND DOLLARS ($35,000) from 2024 Ordinance #33, is authorized
for transfer from the lapsing operating budget to the non -lapsing project budget in the
Conservation Trust Fund and appropriated therein to be expended for the Fossil Creek
Trail Spur Project.
Page 193
Item 12.
- 2 -
Section 2. The appropriation herein for the Fossil Creek Trail Spur Project is
hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of the fiscal year but continue until completion
of the capital project.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 194
Item 12.
File Attachments for Item:
13. First Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Parks Department Designated Toward
Improvements at Veterans Plaza of NoCo, Spring Canyon Community Park.
The purpose of this item is to request an appropriation of $25,050 in philanthropic revenue
received by City Give to be used for improvements at the Veterans Plaza in Spring Canyon
Community Park.
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.
Page 195
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for the Parks Department Designated Toward Improvements at Veterans
Plaza of NoCo, Spring Canyon Community Park.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $25,050 in philanthropic revenue received by
City Give to be used for improvements at the Veterans Plaza in Spring Canyon Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Veterans Plaza of Northern Colorado is a community partnership between many local organizations,
including the City of Fort Collins, Community Foundation of Northern Colorado, and the nonprofit
Veterans Plaza of Northern Colorado Board and volunteers who manage the site, host local
programming, advocate, and fundraise on behalf of the Plaza.
Located at 2626 West Horsetooth Road in the scenic Spring Canyon Community Park in southwest Fort
Collins, Veterans Plaza provides a place to remember the sacrifice willingly made by veterans, whether
in times of war or times of peace. Officially opened in November 2011, Veterans Plaza provides an
educational destination for children and adults to learn about the military heroes who are part of our
nation’s history, recognizes those who continue to serve and who will serve in the future.
The City is grateful to partner with such a passionate group of volunteers who tirelessly support U.S.
veterans who have served, are serving, and will serve this great nation.
A gift of $25,000 was received by the nonprofit organization supporting the Veterans Plaza of Northern
Colorado and a gift of $50 was received by an individual donor both designated for the design,
construction and installation of an entry sign.
Page 196
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $25,000 in new philanthropic revenue in the Neighborhood Parkland Fund
received in 2024 and $50 from prior year reserves in the General Fund received in 2022 for transfer to the
Neighborhood Parkland Fund for the Parks Department Veterans Park Improvements.
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations, are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 197
Item 13.
-1-
ORDINANCE NO. 138, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED BY CITY GIVE FOR THE PARKS
DEPARTMENT DESIGNATED TOWARD IMPROVEMENTS AT
VETERANS PLAZA OF NOCO, SPRING CANYON COMMUNITY
PARK
A. Veterans Plaza of Northern Colorado is a community partnership between
many local organizations including the City of Fort Collins, Community Foundation of
Northern Colorado, and the nonprofit Veterans Plaza of Northern Colorado Board and
Volunteers who manage the site, host local programming, advocate, and fundraise on
behalf of the Plaza.
B. A gift of $25,000 was received by the nonprofit organization supporting the
Veterans Plaza of Northern Colorado and a gift of $50 was received by an individual donor
both designated for the design, construction and installation of an entry sign.
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of facilitating the construction of a
public memorial to veterans.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
E. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Neighborhood Parkland Fund and will not cause the total amount appropriated in the
Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
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.
Page 198
Item 13.
-2-
H. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which th e 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.
I. The City Manager has recommended the transfer of $50 from the General
Fund to the Neighborhood Parkland Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
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
Neighborhood Parkland Fund the sum of TWENTY-FIVE THOUSAND DOLLARS
($25,000) to be expended in the Neighborhood Parkland Fund for the improvements at
the Veterans Plaza of NoCo Spring Canyon Community Park.
Section 2. There is hereby appropriated from prior year reserves in the General
Fund the sum of FIFTY DOLLARS ($50) to be transferred to the Neighborhood Parkland
Fund and appropriated therein for the improvements at the Veterans Plaza of NoCo,
Spring Canyon Community Park.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Jenny Lopez Filkins
Page 199
Item 13.
File Attachments for Item:
14. Resolution 2024-118 Authorizing an Intergovernmental Agreement Between the
Alternative Sentencing Department of Larimer County, Colorado, for use of Alternative
Sentencing in Municipal Court.
The purpose of this item is to authorize an intergovernmental agreement (the “IGA”) with the
Alternative Sentencing Department of Larimer County so that prosecutors have the option to
use these programs in plea agreements and municipal judges have the option of sentencing
defendants to work release, mid-week, and weekender programs.
Page 200
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jill A. Hueser, Chief Judge
SUBJECT
Resolution 2024-118 Authorizing an Intergovernmental Agreement Between the Alternative
Sentencing Department of Larimer County, Colorado, for use of Alternative Sentencing in Municipal
Court.
EXECUTIVE SUMMARY
The purpose of this item is to authorize an intergovernmental agreement (the “IGA”) with the Alternative
Sentencing Department of Larimer County so that prosecutors have the option to use these programs in
plea agreements and municipal judges have the option of sentencing defendants to work release, mid-
week, and weekender programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The work release, mid-week, and weekender programs of Larimer County’s Alternative Sentencing
Department provide a sentencing tool for judges with the municipal court. In some cases, incarceration is
the appropriate and consistent sentence given the facts of the case and criminal history of a defendant.
However, if a defendant is gainfully employed or wishes to seek employment or is enrolled in an educational
program, alternative sentencing is a tool that allows the sentence to be carried out in a less restrictive
manner that will not impact those positive factors.
Chief Judge Jill Hueser wishes to provide various sentencing options so that prosecutors and judges in the
municipal court can craft a plea agreement or sentence that takes into considerations all factors relevant
to an individual case and this agreement allows the prosecutors and municipal judges to utilize additional
plea agreements and sentencing options.
The City has entered into similar agreements in past years and this option has been a valuable tool.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Page 201
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 202
Item 14.
-1-
RESOLUTION 2024-118
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
ALTERNATIVE SENTENCING DEPARTMENT OF LARIMER COUNTY, COLORADO,
FOR USE OF ALTERNATIVE SENTENCING IN MUNICIPAL COURT
A. The City of Fort Collins Municipal Court (the “Court”) has the authority under
City Code to sentence offenders in misdemeanor criminal cases to jail sentences. The
Alternative Sentencing Department (“ASD”) through Larimer County has multiple
alternative sentencing programs available that provide an option for the Court to utilize in
addition to a traditional jail setting.
B. The ASD alternative sentencing programs provide a sentencing tool and
option for judges in court and for the prosecutors in developing plea agreements. In some
cases, traditional incarceration is the appropriate and consistent sentence given the facts
of the case and criminal history of a defendant. However, if a defendant is gainfully
employed or wishes to seek employment or is enrolled in an educational program,
alternative sentencing is a tool that allows the sentence to be carried out in a less
restrictive manner that will not impact those positive factors.
C. The Court has had longstanding agreements with ASD for years to allow
Municipal Court offenders to utilize the Work Release program. The purpose of this item
is to authorize an intergovernmental agreement (the “IGA”) with the ASD of Larimer
County so that Court can continue to utilize the Work Release program in addition to the
intermittent Midweek and Weekend programs, and Useful Public Service in cases that
have extended community service requirements (collectively the "Programs".)
D. Under the IGA the City would pay the cost for each City offender sentenced
to the programs. The Residential Work Release Program is $20 per day, the intermittent
Midweek or Weekender Program is $25 per weekend or midweek, or Useful Public
Service is $120 per case.
E. Historically, the program costs have been less than $2500 annually. With
the upcoming addition of starting a Municipal Drug Court, the utilization of these programs
will likely increase.
F. The availability of alternative jail programs provides a great benefit to our
community, offer paths to rehabilitation, and allows those serving a jail sentence the ability
to remain in the community, working, or with their families, while still being able to serve
their imposed sentences or meeting agreed upon plea conditions.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into the IGA, in substantially
the form attached hereto as Exhibit “A,” together with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary
Page 203
Item 14.
-2-
and appropriate to protect the interests of the City or to effectuate the purposes of this
Resolution.
Passed and adopted on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 17, 2024
Approving Attorney: Dawn Downs
Page 204
Item 14.
INTERCOVERN M ENTAL ACREEM ENT
RECARDINC USE OF ALTERNATIVE SENTENCINC SERVICES
THIS AGREEMENT is dated this _ day of 2024 ("Effective Date") by and
between Larimer County, Colorado, a political subdivision of the Siate of Colorado, through its
Alternative Sentencing Department ("ASD"), and the City of Fort Collins, a Municipal Corporation (the
"City"\, through its Municipal Court (the "Court").
A. Background and Purpose:
This Agreement is for the purpose of providing the Court with the option of sentencing Court clients
to the residential housing programs offered by the ASD: the Residential Work Release Program, the
lntermittent Midweek or Weekender Program or Useful Public Service (collectively the
"Programs".)
B. Term:
This Agreement shall commence on the Effective Date and shall continue in effect through
December 31", 2029, or until otherwise modified or terminated as provided herein or by mutual
written agreement of the parties. This Agreement shall be automatically renewed for 5 (five)
successive calendar years unless either party provides written notice of its intent to not renew to
the other party not less than 30 days from the end of the calendar year term. This Agreement
replaces the prior agreement between the parties dated iune 5,2018, which shall be terminated as
of the Effective Date.
C. Responsibilities of the City and CoqLti
L. For the duration of this Agreement, the City shall reimburse ASD for the cost of care of
clients for the program ordered by the cour! Work Release - SZO per client, per day to
include 3 meals per day and for the Workender/Midweek Program - S25 a weekend or
midweek (2 days, 1 overnight) to include 2 meals per day. The City shall pay a one-time fee
per case of 5120 for those ordered to the Useful Public Service Program. Such fee is the
current estimated amount that will cover the cost for care for one client, per day, which
includes meals each day and the other services described below.
2. Such amount in subsection 1 may be increased or decreased on January 1st of each year that
this Agreement is in effect to match the increase or decrease in ASD daily cost of care rates,
if any, as approved by the Larimer County Commissioners for the ASD. The Court will be given
notice of the increase or decrease at the earliest possible time, but in any event, not less than
60 days prior to the date on which such change is to become effective. The Court shall provide
written notice of acceptance or rejection of such change in the cost of care to ASD within 30
days of receipt of such notice. lf the Court rejects the proposed change, then this Agreement
shall be terminated effective January 1't of the new year.
3. For each referred case or client, the Court shall submit to ASD a signed lail Order with the
details of the referral, the Program to which the client is sentenced, and a stay of execution
date included.
to the Programs will be informed by the Court of the required
Page 1 of 5
4. All clients sentenced
EXHIBIT A TO RESOLUTION 2024-118
Page 205
Item 14.
attendance at a Program orientation at ASD that must be completed within 14 days of
sentencing. This shall be done through a narrative on the Jail Order and the use of an ASD
information sheet.
5. The City will pay for urine analysis ("UA") drug testing for all clients ordered to undergo
substance monitoring by the Court and as a requirement for Work Release. The fee for each
UA is S15. The ASD will maintain the reports as confidential and repolt the results of any
UAs to the Court as soon as practical after the result becomes known.
6. The City will make payment within 30 days of receipt of the billing described in subsection
D.2., below.
D. Responsibilities of ASD:
1. ASD shall be responsible forthe board and housing of referred municipal clients according to
currently established ASD program policies and procedures. Such clients will be subject to
all ASD's policies and procedures and all other applicable laws and regulations. ASD will
provide recommendations for placement at approved agencies for Useful Public Service and
will verify completion of hours.
2. ASD will provide monthly billing to the Court for all clients sentenced to ASD by the 15th day
of the month followingthe billing month.The billingwillcontain an itemization of the basis
for the fees, listingthe name and Court case number of the client, the days actually served in
the Programs, and the dates of any UAs.
4. ASD shall provide orientation, day-to-day direct supervision, instruction, and supportive
services to all clients.
E. Miscellaneous Terms & Conditions:
1-. Termination. This Agreement may be terminated by either party, without cause, during any
term so long as the other party is provided written notice of such termination not less than 90
days prior to the termination date. lf a party fails to provide written notice of its desire to
terminate this Agreement, the Agreement shall continue to be effective and binding on both
parties during the remainder of the term, subject to the automatic renewal provisions above.
2. Default;Termination forCause. lf either party is in default underany provision of thisAgreement,
the party complaining of said default shall provide written notice thereof to the defaulting party.
The party in default shall have 30 days in which to remedy said default. lf the default complained
of is not remedied, the party complaining of such default may terminate this Agreement
immediately and/or avail itself of any other remedy available at law or in equity.
Page 2 of 5
3. Anyclientfound inviolationof anyASDpolicymay besubjecttoremovalfromtheProgram by
ASD and required to complete the remainder of his or her sentence at the Larimer County
Jail. A client removed from the Program and placed in the Jail will be subject to Jail policies
and procedures. ASD shall notify the Court via Court-provided telephone number and/or
email of the removal of a client from the Program within one business day of the removal
so that the Court may consider any modification of its Jail Order.
EXHIBIT A TO RESOLUTION 2024-118
Page 206
Item 14.
3. Applicable Law. This Agreement shall be governed by Colorado law
4. Modifications. Any modification to this Agreement shall not be effective unless it is made in
writing and signed by the authorized representatives for both parties.
5. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party
benefits or beneficiaries or create a right or cause of action for the enforcement of this
Agreement's terms in any entity or person not a party to this Agreement including any agents,
employees, officers, or volunteers of any party or any entity with whom either party contracts.
6. Notice. For the purpose of providing notice pursuant to this Agreement, notice shall be deemed
served on either patty when deposited, postage prepaid, in the United States mail and forwarded
tothefollowing address of the patties hereto:
ASD: Larimer County Alternative Sentencing
2307 Midpoint Drive
Fort Collins, CO 80525
ASD: Larimer County Alternative Sentencing
Larimer County Attorney's Office
224 Canyon Ave., Suite 200
Fort Collins, CO 80522-1605
Court Administrator
Fort Collins Mu nicipal Court
PO Box 580
Fort Collins, CO 80522-0580
City Attorney
Fort Collins City Attorney's Office
PO Box 580
Fort Collins, CO 80522-0580
With a copy of any notice concerning the validity or enforcement of the Agreement, or any dispute
arising hereunder, also provided to:
7. Each Partv Responsible for lts Own Acts. Each party hereto agrees to be responsible for its
own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to
the full extent allowed by law. The parties, as agencies and/or political subdivisions of the
State of Colorado, have rights and protections arising under the provisions of the Colorado
Governmental lmmunity Act (C.R.S. secs. 24-10-L0l, et seq.). Nothing in this Agreement
shall be construed as a waiver of the protections of said Act or any laws relating to
governmental immunity.
8. Relationshi of Parties. The parties enter into this Agreement as separate independent
governmental entities and maintain such status throughout. This Agreement shall not be
construed to create any partnership, joint venture, nor other agency relationship between
the parties, who are independent of one another.
9. No Assienment. Neither party shall assign this Agreement, any interest, or any partthereof
or any right or privilege pertinent thereof, without the prior written consent of the other.
10. Entire Asreement. This Agreement embodies the entire agreement of the parties. The parties
shall not be bound by or be liable for any statement, representation, promise, inducement or
understanding of any kind or nature not set forth herein.
11. Severabilitv. Any provision rendered null and void by operation of law shall not invalidate the
remainder of this Agreement to the extent that this Agreement is capable of execution.
Page 3 of 5
EXHIBIT A TO RESOLUTION 2024-118
Page 207
Item 14.
12. Briberv and Corrupt lnfluences. The signatories hereto aver that they are familiar with Section
18-5- 301, C.RS. (Bribery and Corrupt lnfluences) and Section 18-8-401, C.R.S. (Abuse of Public
Office), and that no violation of such provisions is present.
13. Conflict of lnterest. The signatories aver that, to their knowledge, no employee has a
personal or beneficial interest whatsoever in the service or property described herein.
14. Non-discrimination. The parties agree to comply with the Colorado Antidiscrimination Act of
1957, as amended, and other applicable laws respecting discrimination and unfair
employment practices |.24-34- 4O2, C.R.S., as amended), and as required by Executive Order,
Equal Opportunity, and Affirmative Action, dated April L6, !975, as amended.
15. Appropriations. All financial obligations of the parties to this Agreement are subject to
budgeting and appropriation of such funds by the governing body of each party each year.
This Agreement shall not be construed to create a multiple fiscal year debt or other financial
obligation.
Signature Page to Follow
Page 4 of 5
EXHIBIT A TO RESOLUTION 2024-118
Page 208
Item 14.
lN WITNESS WHEREoF, the parties hereto have executed this Agreement on the date first above
written.
LAR| MER COUNTY, COLORADO CITY OF FORT COLLINS, COLORADO
Emily A. Hu hrey Kelly A. DiMartino
Director, Community Justice Alternatives City Manager, City of Fort Collins
Approved as to Form:
2024
Ch n Jill Hueser
Chief Judge, Fort Collins Municipal CourtAssista nt Cou nty Attorney
Approved as to Form
By:
Carrie M. Daggett
Fort Collins City Attorney
Page 5 of 5
EXHIBIT A TO RESOLUTION 2024-118
Page 209
Item 14.
File Attachments for Item:
15. Public Hearing #1 on the 2025-26 Recommended Budget for the City of Fort Collins.
This is the first public hearing on the City Manager’s 2025-26 Recommended Budget for the City of Fort
Collins. The purpose of this public hearing is to gather public input on the 2025-26 budget. To receive
further public input, a second public hearing is scheduled for Council’s Tuesday, October 1, 2024, regular
meeting at 6:00 p.m. in Council Chambers with the option for remote participation through the online
Zoom meeting platform. Both hearings were set by Council adoption of Resolution 2024-116 at its
September 3, 2024, meeting. The City Manager’s 2025-26 Recommended Budget can be reviewed at
the City Clerk’s Office by appointment only and online at fcgov.com/budget .
Spanish interpretation will be available at all 2025-2026 budget related meetings.
Page 210
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
Lawrence Pollack, Budget Director
SUBJECT
Public Hearing #1 on the 2025-26 Recommended Budget for the City of Fort Collins.
EXECUTIVE SUMMARY
This is the first public hearing on the City Manager’s 2025-26 Recommended Budget for the City of Fort
Collins. The purpose of this public hearing is to gather public input on the 2025-26 budget. To receive
further public input, a second public hearing is scheduled for Council’s Tuesday, October 1, 2024, regular
meeting at 6:00 p.m. in Council Chambers with the option for remote participation through the online Zoom
meeting platform. Both hearings were set by Council adoption of Resolution 2024-116 at its September 3,
2024, meeting. The City Manager’s 2025-26 Recommended Budget can be reviewed at the City Clerk’s
Office by appointment only and online at fcgov.com/budget.
Spanish interpretation will be available at all 2025-2026 budget related meetings.
Page 211
Item 15.
File Attachments for Item:
16. Resolution 2024-119 Approving the Second Amended and Restated
Intergovernmental Agreement Establishing the Poudre Fire Authority.
The purpose of this item is to seek approval of an amended and restated Intergovernmental
Agreement (“IGA”) establishing the Poudre Fire Authority (the “Authority”) between the City of
Fort Collins (the “City”) and the Poudre Valley Fire Protection District (the “District”). This
includes the Funding Formula and Revenue Allocation Formula, and Support Services provided
by the City to the Authority and by the Authority to the City.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
David Lenz, Director, Financial Planning & Analysis
Travis Storin, Chief Financial Officer
Derek Bergsten, Fire Chief, Poudre Fire Authority
SUBJECT
Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental Agreement
Establishing the Poudre Fire Authority.
EXECUTIVE SUMMARY
The purpose of this item is to seek approval of an amended and restated Intergovernmental Agreement
(“IGA”) establishing the Poudre Fire Authority (the “Authority”) between the City of Fort Collins (the “City”)
and the Poudre Valley Fire Protection District (the “District”). This includes the Funding Formula and
Revenue Allocation Formula, and Support Services provided by the City to the Authority and by the
Authority to the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City and the District established the Authority with an IGA in 1981. This agreement was adjusted in
1983 and 1987 to include a revenue allocation formula (“RAF”). This agreement was further amended and
restated in 2014 to include an update to the RAF and Support Services provided to PFA by the City.
During 2023, City and Authority staff began discussions to update the IGA, completing an analysis of the
support services (and associated costs) provided by each party and the evaluation of the RAF in 2024.
These preliminary findings have previously been shared with the Council Finance Committee in March and
July; City Council/District Board in a joint Work Session in April; and ongoing Authority and District Board
meetings. The intent of the IGA update is to simplify and clarify obligations of the City and Authority, provide
more direct oversight and responsibilities to City and Authority staff, memorialize and adjust for changes to
the operating and legislative environments, and provide a timeline and framework for future reconciliations
and reviews.
A summary of the key changes to the IGA are highlighted below:
General Terms and Conditions:
General cleanup including legislative driven changes since 2014.
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Added agreement review period of eight years.
Added the role of IGA Administrators (one each for the City and the Authority) with defined
responsibilities.
Supersedes the current, separate Legal Services IGA and incorporates such services into this
agreement.
Adjusted the Authority Chief’s expenditure and disposal limits.
Exhibit B - Support Services Provided:
Updated support services provided by the City to the Authority and added Support Services provided
by the Authority to the City.
Provided cost of these support services – the difference between the two is the net cost of services
provided.
Administrators are enabled to adjust the support services provided (and cost of those services) as
business conditions and needs evolve.
Cost of Support Services will be set as part of the annual appropriation each year.
Included a provision to adjust the cost of these services annually based on a CPI Index.
Exhibit A – Revenue Allocation Formula:
Simplified City contribution of Sales and Use tax amounts to 13.235% of undedicated and/or non-
legally restricted funds.
City Property Tax contribution remains at 67.5% of operating mill levy.
City Contribution is reduced by the net cost of services provided under Exhibit B.
Sales, Use and Property Tax budgets will be set as part of the annual appropriation each year.
Monthly contributions from the City to the authority will be based on actual revenue collections.
An annual reconciliation of Budget to Actuals will occur at the end of each year. Revenue bands are
established to provide a risk sharing cap and floor:
o Sales Tax: Upper band 3%; Lower band -2%
o Use Tax: Upper band 6%; Lower band -2%
o Property Tax: Upper band 2%; Lower band -2%
Annexations of District property into the City shall be reviewed annually with adjustments to the
Sales, Use or Property Tax contributions to insure no loss of Revenue to the Authority.
The Second Amended and Restated IGA, including the RAF (Exhibit A) and Support Services provided
(Exhibit B), are included as attachments.
The District Board will consider the proposed Second Amended and Restated IGA at their September 24
meeting.
CITY FINANCIAL IMPACTS
The changes to the IGA have been modeled to be revenue neutral versus the existing agreement.
However, as the City’s contributions to the Authority will be based on actual revenue as opposed to
budgeted revenue (subject to the revenue bands described above), the City’s contributions to the Authority
may be more or less than they would be under the existing agreement.
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BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its July 2024 meeting, City staff presented an overview of the amended and restated agreement terms
and Council Finance Committee raised no objections and expressed general support.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Second Amended and Restated Intergovernmental Agreement Establishing the Poudre Fire Authority
(redline version)
4. Presentation
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Item 16.
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RESOLUTION 2024-119
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE
POUDRE FIRE AUTHORITY
A. On November 3, 1987, the City of Fort Collins (the “City”) and the Poudre
Valley Fire Protection District (the “District”) entered into an intergovernmental agreement
(the “Agreement”) providing for the continuation of an independent governmental entity
known as the Poudre Fire Authority (the “PFA”) which was originally formed in 1981, for
the purpose of providing fire protection services within the City and the District .
B. After 1987, the City and the District entered into two addenda to the
Agreement. In 2014, the City and the District entered into an Amended and Restated
Intergovernmental Agreement Establishing the Poudre Fire Authority.
C. The City and the District have recognized the need to amend and restate
the Agreement a second time and have worked cooperatively to identify and address
issues of mutual interest, including the establishment of a revised revenue allocation
formula to help ensure a predictable revenue stream for the PFA for its operations and
capital needs.
D. The City and District staff also recommend revisions to address support
services provided by the City to the Authority and by the Authority to the City, including
appointment of an administrator by each party who will have authority to adjust support
services as business needs change.
E. Article XIV, Section 18 of the Colorado Constitution and Section 29 -1-201,
Colorado Revised Statutes, encourage governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting among
themselves.
F. The City and the District have a history of successful cooperation in the
provision of fire protection services in their respective jurisdictions through the creation of
the PFA, which will be continued by the adoption of an amended and restated Agreement.
G. City staff recommends that the City Council approve and authorize the
execution of the Amended and Restated Intergovernmental Agreement Establishing the
Poudre Fire Authority
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into the Amended and
Restated Intergovernmental Agreement Establishing the Poudre Fire Authority in
substantially the form attached hereto as Exhibit “A” and incorporated herein by this
reference, with such modifications or additional terms and conditions as the City Manager,
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Item 16.
-2-
in consultation with the City Attorney, determines to be necessary or appropriate to
protect the interests of the City and effectuate the purposes of this Resolution.
Passed and adopted on September 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 17, 2024
Approving Attorney: Jenny Lopez Filkins
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Item 16.
5499326.4
SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE POUDRE FIRE AUTHORITY
THIS SECOND AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT (“Agreement”) is entered into pursuant to Sections 29-1-203 and -203.5 et seq.,
C.R.S., by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation,
hereinafter referred to as the "City", and THE POUDRE VALLEY FIRE PROTECTION
DISTRICT, Larimer County, State of Colorado, hereinafter referred to as the "District". This
Agreement is effective at 12:00 am on January 1, 2025 (“Effective Date”). No provision in this
Agreement or the attached exhibits shall apply to the 2024 fiscal year. The 2024 fiscal year, and
all requirements, processes, and procedures associated with the 2024 fiscal year, are governed
solely by the provisions of the July 15, 2014 Amended and Restated Intergovernmental Agreement
Establishing The Poudre Fire Authority and the exhibits attached thereto, which shall remain in
full force and effect through 11:59 pm on December 31, 2024, at which date and time such
agreement shall terminate for all purposes. The City and the District are referred to collectively
as the “Parties” and individually as a “Party.”
WITNESSETH:
WHEREAS, the Parties to this Agreement have entered into previous intergovernmental
agreements providing for the formation of an independent governmental entity for the purpose of
providing fire protection and related services, as noted in such previous intergovernmental
agreements, within the respective territorial limits of the Parties, which entity is known as the
POUDRE FIRE AUTHORITY; and
WHEREAS, those previous agreements, as amended, have been mutually beneficial in
providing a higher degree of protection to persons and property within the respective territorial
limits of the Parties; and
WHEREAS, the Parties believe their interests will be best served by the City providing the
POUDRE FIRE AUTHORITY with certain support services, and the POUDRE FIRE
AUTHORITY providing certain support services to the City, which are more specifically
described on the attached “Exhibit B,” which is incorporated herein by this reference. In addition,
the Parties believe that the City Attorney is capable of providing to the POUDRE FIRE
AUTHORITY a portion of the legal services required by the POUDRE FIRE AUTHORITY
pursuant to the terms of this Agreement and Exhibit B, and the City Council consents to such
appointment by the POUDRE FIRE AUTHORITY; and
WHEREAS, the Parties desire to provide for the continued existence of the POUDRE FIRE
AUTHORITY, and to amend and restate in full all previous intergovernmental agreements
regarding the establishment and operation of the POUDRE FIRE AUTHORITY.
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NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the Parties as follows:
ARTICLE I
GENERAL PROVISIONS
1.1. Term of the Agreement. The term of this Agreement shall commence on the
Effective Date and shall continue until terminated by one or both of the Parties as herein provided.
In addition to the option to terminate for non-appropriation as described in Section 5.4., below,
this Agreement may be terminated effective 11:59 p.m. on December 31 of a calendar year by
either Party providing a minimum of 24 months’ prior written notice of termination to the other
Party. The Parties agree to review and consider amendments to this Agreement and related exhibits
resulting from changes in policy, practice, or law every eighth year, such review to begin on
January 1 and completed by September 1 of that year.
1.2. Poudre Fire Authority. The existence of the independent governmental entity
known as the "POUDRE FIRE AUTHORITY", hereinafter referred to as the "Authority", created
by the intergovernmental agreement of the Parties dated December 22, 1981, as such agreement
was amended thereafter, is hereby continued. The Authority is an independent governmental entity
separate and distinct from the City and the District. The Authority may provide, either directly or
by contract, fire protection, emergency medical, extrication/rescue and ambulance services,
enforcement of fire prevention codes, hazardous materials response, and other emergency services
typically provided by a public fire department and that may be provided by a fire department under
the City Charter and by a fire protection district organized pursuant to Article 1, Title 32, C.R.S.,
within the respective territorial limits of the Parties (collectively, the “Fire Rescue Services”).
1.3. Nature of the Authority. The Authority is a political subdivision of the State of
Colorado, formed in conformity with the provisions of Sections 29-1-203 and -203.5, C.R.S. and
the provisions of those statutes apply to the Authority. In carrying out its purposes, the Authority
will observe and comply with statutes and laws applicable to the District and the City, including,
but not limited to Parts 1, 5, and 6 of Article 1, Title 29, C.R.S., regarding budget preparation,
accounting, and auditing; and Part 4 of Article 6, Parts 2 and 3 of Article 72 as applicable to the
Authority, and Articles 6 and 10 of Title 24, C.R.S., regarding open meetings, open records,
criminal justice records, and governmental immunity. The Parties intend that the Authority is not
considered a “district” subject to Article X, Section 20 of the Colorado Constitution. The Authority
boundaries shall consist of the combined territorial boundaries of the Parties.
1.4. Governing Board. The Authority shall be administered by a governing Board of
five (5) members, hereinafter referred to as the "Board." All legislative power of the Authority is
vested in the Board. The City shall appoint two (2) members and the District shall appoint two (2)
members. The fifth member shall be appointed at the first regular meeting of the Board in February
of each year by majority vote of the four other members as appointed by the City and District. If
the vote results in a tie, the Mayor of the City and the President of the District Board shall have
authority to appoint the fifth member.
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A. All appointees and terms of appointment shall be at the discretion of the
appointing entity; provided that the fifth member shall be appointed and
serve as provided in the first paragraph of this Section 1.4.
B. All vacancies on the Board shall be filled by the appointing entity;
provided that a vacancy in the fifth member position shall be filled as
provided in the first paragraph of this Section 1.4.
1.5. Meetings of the Board. All Board meetings shall be open to the public and shall be
conducted in compliance with the Colorado Sunshine Law. The following provisions shall be
deemed automatically amended to conform to any changes to the Colorado Sunshine Law after the
Effective Date of this Agreement without the need for the Parties to formally approve an
amendment to this Agreement.
A. Format of Meetings. The Board may, in its discretion, conduct any regular
or special Board meeting (including any study session): (1) at a physical
location; (2) at a physical location with remote electronic attendance
availability; or (3) electronically. User access information for any Board
meeting conducted under (2) or (3) shall be included on the Board meeting
notice and agenda or otherwise made publicly available.
B. Regular Meetings. No later than its first regular meeting of each year, the
Board shall designate the time and place for all regular Board meetings for
the year and designate a public place within the Authority where notice of
the meetings will be posted if notice cannot be accomplished on the
Authority’s website. Notice of a regular meeting and specific agenda
information to the extent possible shall be posted at least 24 hours prior to
the meeting on the Authority’s website or at the designated public place if
notice cannot be accomplished on the Authority’s website.
C. Special Meetings. Special meetings may be held as often as the Authority’s
needs may require. Special meetings may be called by the Chair, or by two
Directors, upon not less than twenty-four (24) hours prior written notice to
the other Directors, which notice shall also be posted to the Authority’s
website or at a designated public place within the Authority where notice of
a meeting will be posted if notice cannot be accomplished on the
Authority’s website. A "work session" constitutes a special meeting at
which no formal Board action may be taken.
D. Emergency Meetings. Emergency meetings may be called by the Chair, or
two Directors, in the event of an emergency that requires the immediate
action of the Board to protect the health, safety, and welfare of the public
without notice to the public if notice is not practicable. If possible, notice of
such emergency meeting may be given to the other Board members by
telephone or whatever other means are reasonable to meet the circumstances
of the emergency. At such emergency meeting, any action within the power
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of the Board that is necessary for the immediate protection of the health,
safety, and welfare of the public may be taken; provided, however, that any
action taken at an emergency meeting shall be effective only until the next
Board meeting, regardless of whether it is a regular or special meeting, at
which meeting the emergency issue shall be on the public notice of the
meeting. At such subsequent meeting, the Board may ratify any emergency
action taken. If any emergency action taken is not ratified, then it shall be
deemed rescinded as of the date of such subsequent meeting.
1.6. Minutes. The Secretary shall cause all minutes of the Board meetings to be kept
and shall, prior to the next meeting, provide a draft of the minutes to each Board member for
consideration at the next meeting.
1.7. Voting; Quorum; Required Votes. Each Board member shall have one (1) vote. A
quorum of the Board shall consist of three (3) Board members, provided that the City and the District
are represented by at least one of their appointees. No official action on any matter may be taken by
the Board unless a quorum is present. Unless otherwise required by law, the affirmative votes of a
majority of the Board members present shall be required for the Board to take any action.
1.8. By-laws. The Board may adopt such by-laws, rules, and regulations as it deems
necessary or appropriate for the conduct of its meetings and affairs.
ARTICLE II OFFICERS AND EMPLOYEES
2.1. Chair, Vice Chair, and Secretary. The Board shall elect a Chair and Vice Chair from
its members, and shall appoint a Secretary who may, but need not, be a Board member. Said
officers shall perform the duties normal for said offices, including the following:
A. The Chair shall sign all contracts on behalf of the Authority, except
contracts or agreements that may be signed by the Authority’s Fire Chief,
as herein provided, and shall perform such other duties as may be imposed
by the Board.
B. The Vice Chair shall perform all of the Chair's duties in the absence of the
Chair.
C. The Secretary shall attest to all contracts signed on behalf of the Authority
and perform such other duties as may be imposed by the Board.
2.2. Management. The Board shall appoint a Fire Chief to manage the Authority. The
Fire Chief shall assume responsibilities of the Fire Chief for both Parties pursuant to this
Agreement. Subject to the supervision of the Board and the powers specifically reserved to the
Board as described in Article III of this Agreement, the Fire Chief shall have all powers and
authorities provided for a municipal fire chief and a fire chief under Section 32-1-1002, C.R.S.,
and shall oversee and manage all business and affairs of the Authority, including the operation,
maintenance, management, administration, and provision of all facilities, improvements,
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equipment, services, and personnel, in the manner typically associated with a fire and emergency
rescue agency for which the fire chief has been delegated authority by the governing body to
manage all aspects of the agency, including the authority associated with a chief executive,
administrative, and operational officer. Without limiting the foregoing, the Fire Chief shall have
the power:
A. To provide for the planning, design, and construction of any buildings, and
the additions or improvements to the facilities owned by the Authority.
B. To execute any contract for capital costs, costs of special services,
equipment, materials, supplies, maintenance, or repair that involves any
Authority expenditure of less than One Hundred Thousand Dollars
($100,000), providing such expenditure is within budget. This expenditure
limit will be increased or decreased every five years as determined using
the Bureau of Labor Statistics' CPI Inflation Calculator for the Denver-
Aurora-Lakewood Consumer Price Index for Urban Consumers, or any
successor index. Such adjustment will be made by the Board.
C. To employ all personnel of the Authority required for the provision of Fire
Rescue Services and maintenance and operation of all facilities and to make
such personnel decisions as he or she deems appropriate, including without
limitation, decisions as to organization, staffing levels, deployment,
promotions, demotions, discipline, and termination.
D. To employ all personnel required in connection with the planning, design,
and construction of any buildings, additions or improvements to the
facilities owned by the Authority.
E. To expend funds and enter into contracts, whenever required, for the
immediate preservation of the public health, safety, and welfare, provided
that the amount of funds involved does not exceed one percent (1%) of the
annual budget of the Authority for the year in which the funds are expended
or the contract is made.
F. To dispose of by sale any personal property of the Authority with a value
of less than Fifty-Seven Thousand Dollars ($57,000). This sale limit will be
increased or decreased every five years as determined using the Bureau of
Labor Statistics' CPI Inflation Calculator for the Denver-Aurora-Lakewood
Consumer Price Index for Urban Consumers, or any successor index. Such
adjustment will be made by the Board.
G. To approve payroll payments and to approve other payments by the
Authority, provided such other payments are within budget and an
individual payment does not exceed One Hundred Thousand Dollars
($100,000). This payment limit will be increased or decreased every five
years as determined using the Bureau of Labor Statistics' CPI Inflation
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Calculator for the Denver-Aurora-Lakewood Consumer Price Index for
Urban Consumers, or any successor index. Such adjustment will be made
by the Board.
H. To prepare and submit to the Board an annual operating budget for the next
fiscal year in accordance with the budget schedules of the City and District.
I. To adopt general operating guidelines, including but not limited to policies
and procedures on non-personnel matters, operating policies, and inspection
policies, as deemed appropriate by the Fire Chief.
J. To generally supervise the acquisition, construction, management,
maintenance, and operation of the Authority's facilities and personnel.
K. To negotiate with labor groups as may be required by state law or authorized
by the Board.
L. To negotiate with a provider of ambulance services dispatched through the
City’s public safety answering point (PSAP) within the Authority’s service
area, including but not limited to, an exclusive service agreement,
performance standards, and other provisions as deemed appropriate, to be
approved by the Board.
M. To conduct procurement and purchasing processes consistent with the
City’s administrative procurement policies and procedures, unless excepted
from those policies and procedures by the Board.
N. To provide an Annual Report in the second quarter of each year regarding
the activities and accomplishments of the Authority, and to present such
report to the City Council and District Board at a joint meeting, for the
purpose of reviewing annual performance measurements and metrics, goals,
actual spending to budget, benefits to the community related to strategic
outcome goals, operational efficiency, productivity improvements, and
issues of concern to the Authority, the District, and the City. The Authority
also shall provide the community with regular updates throughout the year
related to its performance, as measured by relevant performance metrics,
including analysis of effectiveness in meeting community service needs.
O. To appoint or engage the City Attorney for the City of Fort Collins to serve
as legal advisor to the Authority on the matters specified in Exhibit B
attached hereto, subject to the requirements of Section 9.7.
P. To perform such other duties as directed by the Board and report to the
Board at such times and on such matters as the Board may direct.
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2.3. Legal Advisor. The Board shall have the power to appoint, through a competitive
selection process as determined by the Board, an attorney to provide legal services to the Authority.
2.4. Other Employees. The Board shall have the power to appoint and employ such
other persons, agents, and consultants for the purpose of providing professional, technical, or
consulting services as may be necessary for the purposes of this Agreement.
ARTICLE III
POWERS OF THE AUTHORITY
3.1. General Powers. The Authority shall exercise, in the manner herein provided, the
powers lawfully authorized to each of the Parties, as provided by the laws of the State of Colorado,
and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes
of this Agreement as provided herein. The Authority’s powers shall be exercised by the Board
unless otherwise designated by this Agreement, applicable law, or delegation of the Board. The
Authority shall not have the power to levy taxes or exercise the power of eminent domain.
3.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers including, but not limited to, the following:
A. To make, and enter into, and perform contracts of every kind as authorized
by law with other governmental entities, the State of Colorado, or any
political subdivision thereof, the United States, or any political subdivision
thereof, and any individual, firm, association, partnership, corporation, or
any other organization of any kind.
B. To employ all necessary personnel.
C. To acquire, construct, manage, maintain, and operate any buildings, works,
improvements, or other facilities.
D. To acquire, hold, or dispose of property.
E. To sue and be sued in its own name.
F. To issue bonds, notes, or other financial obligations (collectively,
“Financial Obligations”) payable solely from revenue derived from one or
more of the Authority’s functions, services, systems, or facilities, from
money received under contracts entered into by the Authority, or from other
available money of the Authority. The Authority shall set forth the terms,
conditions, and details of the Financial Obligations, including related
procedures and refunding conditions, in a resolution authorizing the
Financial Obligations. Financial Obligations issued by the Authority are not
an indebtedness of the Parties within the meaning of any provision or
limitation specified in the state constitution or law. Each Financial
Obligation must state in substance that it is payable solely from the revenues
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and other available funds of the Authority pledged for the payment thereof
and that it is not a debt of the Parties within the meaning of any provision
or limitation specified in the state constitution or law. The Financial
Obligations may be issued to mature at such times not beyond forty years
from their respective issue dates, shall bear interest at such rates, and shall
be sold at, above, or below the principal amount thereof, at a public or
private sale, all as determined by the Authority Board. Interest on any
Financial Obligation is exempt from taxation except as otherwise may be
provided by law. The resolution, trust indenture, or other security agreement
under which Financial Obligations are issued is a contract with the holders
thereof and may contain such provisions as the Authority determines to be
necessary and appropriate and to provide security for the payment thereof,
including, without limitation, any mortgage or other security interest in
revenue, money, rights, or property of the Authority.
G. To apply for, accept, receive, and disperse grants, loans, and other aid from any
governmental entity or political subdivision thereof.
H. To invest any unexpended funds that are not required for the immediate
operation of the Authority, as the Board determines is advisable, in
accordance with the laws of Colorado; provided however, that such
investment management and cash management services will be provided by
the City through its Finance Department.
I. To administer and enforce the Fire Code adopted by the City and District,
and as adopted or consented to by other municipalities and counties within
the Authority’s service area.
J. To provide ambulance services directly or through a contract with an
ambulance services provider, that are dispatched through the City’s public
safety answering point (PSAP) within the Authority’s service area through
any lawful means, including but not limited to an exclusive service
agreement, performance standards, or other provisions as deemed
appropriate by the Board.
K. To adopt bylaws, rules, and regulations respecting the exercise of its powers
and carrying out of its purposes.
L. To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the Authority in the manner provided by law.
M. To own, operate, and maintain real and personal property and facilities in
common with others, and to conduct joint, partnership, cooperative, or
operations with others, and to exercise all the powers granted herein in joint,
partnership, cooperative, or other operations with others.
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N. To act as agent on behalf of the Parties with regard to the functions and
services described hereinabove and any existing contracts and agreements
between either or both of the Parties or any other party, to the extent
permitted by law and the terms of such contracts and agreements.
O. To carry out all provisions of this Agreement.
ARTICLE IV
ORGANIZATIONAL PROCEDURE
4.1. Delegation of Powers, Duties, and Responsibilities.
A. Each Party delegates to the Authority the power, duty, and responsibility to
maintain, operate, manage, and control all of the Fire Rescue Services
facilities, equipment, resources, and property of the Authority, including
without limitation, all fire stations, land, buildings and firefighting,
emergency medical and rescue equipment, and to employ the necessary
personnel and do any and all other things necessary or desirable to provide
continued efficient and economical Fire Rescue Services to all persons and
property within the respective territorial limits of the Parties, which area
shall be considered the jurisdiction of the Authority.
B. The Authority is hereby empowered to provide Fire Rescue Services to
persons and property outside the Authority’s jurisdiction by agreement in
exchange for payment or reciprocal services, as long as such additional
services can be provided through the use of existing facilities, equipment,
resources, and personnel of the Authority.
4.2. Personnel. The Board shall adopt the rules, regulations, and procedures necessary
for the governance of the Authority’s personnel, which the Fire Chief shall implement and enforce
through the establishment of such policies, procedures, rules, orders, and directives as the Fire
Chief determines are necessary or appropriate.
4.3. Authority Fund. The Board shall establish such funds as it deems appropriate to
account for all financial transactions of the Authority in accordance with generally accepted
accounting principles.
ARTICLE V
BUDGET; MAINTENANCE AND OPERATION
COSTS; OTHER COSTS
5.1. Annual Budget.
A. The Board shall adopt a preliminary budget for maintenance and operation
costs, capital costs, and costs of other services in accordance with the budget
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schedules of the City and the District, which budget may be amended from
time to time based on changes in revenue projections made by the City and
the District. The Board shall submit the budget to the respective governing
bodies of the Parties. The budget shall become the Authority budget only
after approval of the appropriations by the respective governing bodies and
final approval by the Board.
B. The Parties’ financial contributions for the funding of the Authority shall be
determined by the Revenue Allocation Formula, hereafter referred to as the
“RAF,” as set forth in “Exhibit A,” attached hereto and incorporated by this
reference.
C. The City will provide the Authority with an annual forecast of the City base sales
and use tax and City property tax described in Exhibit A in April and August of
each year. The City will calculate the budgeted City base sales and use tax and
budget City property tax amounts as part of the annual budget appropriation. The
City’s financial contributions for the funding of the Authority will reflect the
actual amounts collected by the City each month.
D. In January of each year, the City will, based on the maximum and minimum
bands described in the table set forth in Exhibit A, reconcile the actual amounts
collected in the prior year and adjust the City’s annual financial contribution
to the Authority for that year.
E. The Board shall present requests for supplemental appropriations to the
respective governing bodies of the Parties. For the purposes of this
Agreement, "supplemental appropriations" shall mean any appropriation
made above and beyond the annual appropriation made during the
budgetary process.
F. The Board shall have the power to reappropriate funds within the balance
of one or more funds for whatever purpose the Board deems appropriate or
necessary without approval of the City or District. Such reappropriations
shall be made only at meetings of the Board held after proper notice has
been given, according to the bylaws of the Authority.
5.2. Records and Accounts. Through the City’s Finance Department, the Authority shall
provide for the keeping of accurate and correct books of account, showing in detail the capital costs,
cost of services, maintenance and operating costs, and all financial transactions of the Authority
which books of account shall correctly show any receipts and also any costs, expenses, or charges
paid to or to be paid by each of the Parties. Said books and records shall be open to inspection at
all times during normal business hours by any representative of either Party or by the accountant or
other person authorized by either Party to inspect said books or records. The Board shall provide for
the auditing of all books and accounts and other financial records of the Authority on an annual basis
in accordance with the Local Government Budget Law of Colorado, utilizing the same certified
public accountant as is used by the City in the auditing of its financial records. The results of said
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audit shall be submitted to the City and the District not later than thirty (30) days after receipt by
the Board.
5.3. Payment of Costs. The City shall pay the Authority monthly, and the District shall
pay the Authority quarterly, in advance, its allocated share of the total budgeted annual costs and
expenses. The Board is authorized to approve other arrangements for payments by the City and the
District, provided the financial security of the Authority is not impaired. In addition to supplemental
appropriation requests, the Board is authorized to request amounts in excess of any regular payment
for the costs and expenses of the Authority, provided the total annual allocation does not exceed the
estimated share of costs and expenses for either Party to this Agreement. The Authority shall make
available to each of the Parties a final detailed statement of the final costs and expenses for the fiscal
year allocated in the same manner as estimated expenses were allocated, as soon as possible after the
close of each fiscal year.
5.4. Sources of Funds. Each Party shall provide the funds required to be paid by it to
the Authority under this Agreement from any source of funds legally available to such Party for
such purpose. All financial obligations of the City and the District incurred pursuant to this
Agreement are expressly contingent upon the actual appropriation of funds by each Party. Upon
an event of non-appropriation by either Party, that Party may terminate this Agreement effective
as of the last day of the year in which funds have been appropriated by such Party. If one Party has
appropriated funds when the other has not, the Party that has appropriated funds may, in its sole
discretion, terminate this Agreement effective as of the last day of the year in which funds have
been appropriated by both Parties, or choose to continue this Agreement in effect, in which case
the Authority shall adjust the level of service consistent with the revenues available from the
appropriating Party. If both Parties fail to appropriate funds under this Agreement, unless
otherwise agreed to by the Parties, this Agreement shall terminate effective as of the last day of
the year in which funds have been appropriated by both Parties.
ARTICLE VI
SERVICES
6.1. Provision of Professional, Administrative, and Support Services.
A. The City shall provide to the Authority those professional, administrative,
and support services described in Section I. of Exhibit B to this Agreement.
The Authority shall provide to the City the support services described in
Section II. of Exhibit B to this Agreement. The annual cost of the support
services described in Exhibit B to this Agreement shall be adjusted annually
for inflation using the Bureau of Labor Statistics’ CPI Inflation Calculator
for the Denver-Aurora-Lakewood Consumer Price Index for Urban
Consumers, or any successor index. The net annual balance for each year
will be determined at the time of the annual budget appropriation for the
ensuing fiscal year, then divided into twelve equal monthly amounts and
either added to, or deducted from, the ensuing fiscal year’s RAF City
Annual Contribution amount to be transferred to the Authority. The
transfers will take place monthly.
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B. The City and the Authority shall each appoint an administrator, who must
be knowledgeable about the terms of this Agreement and the services
provided, and who must ensure compliance with the terms of Article VI and
Exhibit B of this Agreement. The City’s Chief Financial Officer will
appoint a designee in writing to serve in the administrator role for the City.
The Authority Board will appoint a designee to serve as the administrator
for the Authority Board. The responsibilities of the administrators shall
include, but not be limited to, the following:
1. Ensure adequate levels of the services described in Article VI and
Exhibit B of this Agreement.
2. Provide clarity around standard operating procedures and systems
requirements for the services described in this Agreement.
3. Ensure City-established standard operating procedures and system
requirements are being followed.
4. Meet regularly to discuss alignment of the Authority’s policies,
operating systems, procedures, benefits, and tools with the City’s.
5. Adjust annual charges in correspondence with the changing complexity
of fulfilling the services described in Section VI and Exhibit B of this
Agreement.
6. Use good faith efforts to resolve disputes relating to the services
described in Article VI and Exhibit B of this Agreement. If the
administrators cannot resolve the dispute, the City Manager and the Fire
Chief shall meet within 30 days of the administrators’ notifying them of
the unresolved dispute to consider the matter and come to a mutually
agreeable resolution.
7. Meet on a quarterly basis to discuss budget and actual costs for services
described in Article VI and Exhibit B, as well as budget and actual
revenues described in Exhibit A, of this Agreement.
8. Determine whether specific services within the categories of services
established in Article VI and Exhibit B of this Agreement (“Established
Category(ies)”) should be modified or new services added to, or existing
services removed from, an Established Category. The Parties hereby
authorize the administrators to modify services within the Established
Categories, or to add new services to or remove services from the
Established Categories, with the approval of the City Manager and the
Fire Chief, subject to appropriation of necessary funds. Such actions
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shall be in writing and signed by the Administrators, the City Manager,
and the Fire Chief, and, upon such execution, shall constitute an
amendment to this Agreement without the need for the Parties to
formally approve the amendment. Each administrator must advise the
other administrator by October 31 of each year about planned or
potential changes to services for the upcoming year. Any such
communication must identify the changes to the services and the
affected Established Category(ies).
ARTICLE VII
OWNERSHIP OF PROPERTY
7.1. Real and Personal Property. The Authority shall continue to hold all right, title,
and interest in any and all real property and personal property transferred to the Authority by the
City or the District or acquired by the Authority since January 1, 1982 for the purpose of providing
Fire Rescue Services, unless such property is disposed of in compliance with the terms of this
Agreement.
7.2. Asset Inventory Schedules. The Authority shall maintain separate asset inventory
schedules for any and all property transferred from the City or the District which remains under
the ownership of the Authority, as well as any and all property acquired by the Authority since
January 1, 1982.
ARTICLE VIII TERMINATION
8.1. Disposition of Assets. Upon termination of this Agreement pursuant to paragraphs
1.1. or 5.4., above, the assets of the Authority shall be disposed of as follows:
A. All assets acquired by the Authority from contributions from the Parties
shall be returned to the contributing Party if said assets are still owned by
the Authority.
B. If assets contributed to the Authority are not in existence, the contributing
Party shall have the option of receiving the fair market value of the asset at the
time of disposal by the Authority in either cash (if available) or assets of the
Authority acquired from funds provided by the Parties.
C. All remaining assets acquired by the Authority after January 1, 1982, from
funds provided by the Parties shall be distributed to the Parties on the basis
of the appraised value of said assets at the time of termination and in the
same proportion as the respective contributions of funds by the Parties for
acquisition of the assets over the life of this Agreement.
D. The Parties may agree to dispose of any assets of the Authority in any other
acceptable manner.
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E. If the Parties cannot agree on the disposition of certain assets of the
Authority, said assets shall be subject to an independent appraisal and shall
be sold at public auction with the proceeds allocated to the Parties in the
same proportion as the respective contributions of funds by the Parties for
acquisition of the asset.
8.2 Pension Funds. For those active firefighters who are members of the Fire and
Police Pension Association (“FPPA”) statewide retirement pension plan, each Party shall become
the successor “sponsor” for those active firefighters that it hires and retired members for whom it
assumes the plan responsibilities and financial liabilities. Except as permitted in an Affiliation
Agreement reached between the City and the Authority in September of 2020, for any 401(a) or
457 retirement plan sponsored by the Authority, the Party that hires the greatest number of active
employees who participate in the plan shall take such actions as are necessary to become the
successor sponsor of the plan and the other Party shall take such actions as are necessary to become
a Participating Employer under the plan.
ARTICLE IX MISCELLANEOUS PROVISIONS
9.1. Notices. Any notice required or permitted hereunder shall be in writing and shall
be given by United States mail, postage prepaid to:
CITY: City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
DISTRICT: Chair of the Board
Poudre Valley Fire Protection District
102 Remington Street
Fort Collins, Colorado 80524
9.2. Consent. Whenever any provision of this Agreement requires consent or approval of
the Parties, the same shall not be unreasonably withheld.
9.3. Amendments. Except as provided in Section 6.1(B)(5) and (7), this Agreement,
including its exhibits, may only be amended in writing, by the Parties.
9.4. Severability. In the event any provision of this Agreement is determined to be
illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force
and effect unless and until otherwise determined. The illegality of any provision of this
Agreement shall in no way affect the legality and enforceability of any other provision of this
Agreement.
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9.5. Successors. This Agreement shall be binding upon and shall inure to the benefit of
the successors of the Parties.
9.6. Assignment and Delegation. A Party shall neither assign any of the rights nor
delegate any of the duties created by this Agreement without the written consent of the other
Party.
9.7. Legal Services. On August 15, 2015, the City and the Authority entered into an
intergovernmental agreement regarding the provision of legal services to the Authority by the
City Attorney’s Office (“Legal IGA”). The Parties agree that the terms of this Agreement
supersede the Legal IGA and that the Legal IGA is no longer in effect on January 1, 2025. The
Parties authorize the Fire Chief to engage the City Attorney for any of the purposes described in
Exhibit B if the following conditions are met:
A. While providing such services, the City Attorney and those members of the
City Attorney’s staff designated by the City Attorney to provide the legal
services shall remain at all times City employees.
B. The City Attorney determines that the City Attorney’s Office has the
capacity and resources to handle a particular matter.
C. The City Attorney and the Fire Chief agree that the subject matter is not
more appropriately handled by other legal counsel.
D. The provision of such legal services is consistent with the Colorado Rules
of Professional Conduct.
E. Any informed written consent to the provision of such services may be
provided by the Fire Chief.
9.8. No Third Party Beneficiaries. This Agreement is made for the exclusive benefit
of the Parties and shall not be construed to be an agreement for the benefit of any third party or
parties and no third party shall have a right of action hereunder for any cause whatsoever.
9.9. Execution. This Agreement may be executed in counterparts and by facsimile or
electronic pdf, each of which shall be deemed an original and together shall constitute one valid
and binding instrument.
[Signature Page Immediately Follows]
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Item 16.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed on the
date hereinabove written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _____________________________________
Mayor
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Deputy City Attorney
POUDRE VALLEY FIRE PROTECTION DISTRICT
By: __________________________________________
President of the Board
ATTEST:
___________________________
Secretary
APPROVED AS TO FORM:
___________________________
Counsel for District
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5499326.4 Second Amended and Restated Intergovernmental Agreement - Exhibit A Page
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Exhibit A
Funding Formula and Revenue Allocation Formula (RAF)
The City of Fort Collins (“City”) and the Poudre Valley Fire Protection District (“District”)
will each make annual contributions to the Poudre Fire Authority (“Authority”) according to
the following contribution calculations:
A. City Annual Contribution to the Authority per RAF:
Subject to the adjustments described below, the City will annually contribute to the
funding of the Authority the following amounts (the “City Annual Contribution”):
1. 13.235 percent of the City Base Sales and Use Tax (excluding sales and use tax
revenue which has been legally pledged for use only on specific projects and
debt obligations, or has otherwise been restricted or committed for a particular
use as a matter of law or contract); and
2. A sum equal to 67.5 percent of the operating mill levy of the City Property Tax;
and reduced by
3. The annual net cost of the Support Services provided by the City and the
Authority, as identified in Exhibit B.
“City Base Sales and Use Tax” and “City Property Tax” refer to the actual amounts
received by the City for these relevant accounts. The City Contribution to the Authority
will reflect the actual amounts collected by the City each month.
The City will provide the Authority with annual forecasts of the City Base Sales and Use
Tax and the City Property Tax amounts. These forecasts will be provided by the City in
April and August. The City will then budget for anticipated City Base Sales and Use
Tax and City Property Tax revenue amounts as part of the annual appropriation of the
budget in November of each year.
B. Limitations on City’s Contribution Amounts:
Annually, the City will reconcile the actual amounts collected and adjust the City Annual
Contribution based on the Upper Band (percentage above budget) and Lower Band
(percentage below budget) for each of the following:
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If any of the individual actual tax revenue amounts collected are within the band range,
no adjustment is necessary. If a tax revenue amount is above the annual upper band or
below the annual lower band, an adjustment will be made at year end to account for the
excess or shortage to return the City Annual Contribution to within the band percentage
amounts.
C. City Annual Contribution Calculation Examples:
The formula for determining the City Annual Contribution to the Authority will be
calculated as the sum of:
1. The defined percentage of City Base Sales and Use Tax revenue
2. PLUS, a defined percentage of City Property Tax revenue
3. LESS, the net cost of Support Services from Exhibit B (per annual
appropriated City budget and Authority budget in November)
4. The sum of which components equals the City Annual Contribution to the
Authority.
Upper Band (%
above Budget)
Lower Band (%
below Budget)
Sales Tax 3.0%-2.0%
Use Tax 6.0%-2.0%
Property Tax 2.0%-2.0%
Base Tax Percentage Contribution
Sales Tax 125,000,000$ 13.235% 16,543,750$
Use Tax 16,500,000$ 13.235% 2,183,775$
Total Sales and Use Tax 141,500,000$ 13.235% 18,727,525$
Base Tax Percentage Contribution
Property Tax 33,000,000$ 67.500% 22,275,000$
Less: Net Cost of Support
Services - Exhibit B (450,000)$
City Calculated Annual Contribution 40,552,525$
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D. Limits on Contribution Example:
In the example above the total Actual Contribution exceeds the total Actual Adjusted
Contribution as required by the limitation bands. Therefore, the following adjustment would
be required at year end:
E. Capital Improvement Expansion Fees:
The City has adopted capital improvement expansion fees for general governmental services,
including fire, to help defray the capital cost of ever-increasing demands to provide such
necessary capital improvements related to the provision of fire services in the City. The City
has established a separate account for the expansion fees, which shall be requested from the
Fort Collins City Council via an ordinance, and then appropriated by the Authority Board of
Directors for expenditure.
F. Annexations Adjustment:
In the event the City annexes properties included in the District, the City and District will work
cooperatively to ensure that service levels will be maintained through adequate funding
adjustments after the annexation has occurred. This will be achieved through adjustments to
the RAF sales and use tax percentage and/or the RAF property tax percentage, to ensure no
loss of revenue to the Authority. This adjustment will take place as of the end of the calendar
year in which the annexation occurs and in conjunction with the timing of the annual
reconciliation of contribution amounts described in Section B above.
G. URA/TIF/ Adjustments and Other Implications:
In the event of Urban Renewal Authority (URA) implementation of tax increment financing
(TIF) that materially affects the City Annual Contribution to the Authority or cost of service
to the Authority, the City and District will work cooperatively to ensure that service levels will
be maintained through adequate funding adjustments.
Limits on Contribution:
Budgeted
Contribution
Actual
Contribution Upper Band Lower Band
Actual Adjusted
Contribution
Sales Tax 16,543,750$ 16,750,000$ 17,040,063$ 16,212,875$ 16,750,000$
Use Tax 2,183,775$ 2,000,000$ 2,314,802$ 2,140,100$ 2,140,100$
Property Tax 22,275,000$ 23,000,000$ 22,720,500$ 21,829,500$ 22,720,500$
Support Services Costs (450,000)$ (450,000)$ N/A N/A (450,000)$
Total Contribution 40,552,525$ 41,300,000$ 41,160,600$
Actual
Contribution
Actual Adjusted
Contribution
Net Annual
Adjustment
Year-end Contribution
Adjustment Calculation 41,300,000$ 41,160,600$ (139,400)$
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All parties are committed to renegotiating the RAF, or City Annual Contribution amount, in
good faith in the event of other implications that affect the efficient implementation of the
RAF, or management of the Authority, in a fiscally prudent manner.
H. District Contribution.
The District will annually contribute to the funding of the Authority the revenue from the
following sources:
1. The District shall annually certify a mill levy (minimum 10.595 mills) pursuant to
state law, and 100% of the mill levy revenue, less reasonable administrative expenses
for the operation of the District, plus specific ownership tax, shall be contributed to
the funding of the Authority for any authorized purpose.
2. The District has intergovernmental agreements with Larimer County and the Town
of Timnath for the assessment, collection, and remittance of emergency services
impact fees on new development that is located within:
a. both the unincorporated portion of the County and the District, or that in the
future becomes located within the unincorporated portion of the County and
the District; and
b. the incorporated portion of the Town of Timnath and the District, or that in
the future becomes located within the incorporated portion of the Town and
the District.
3. The District impact fees are established to defray the impacts directly related to
development within the District. The District, via resolution, will transfer District
impact fees to the Authority on an as needed or requested basis.
I. Other Revenues
The Authority will generate other revenues for support of specific programs and services
through a variety of sources. The Authority is authorized to expend these funds with approval
of the Authority Board of Directors in the same manner as City and District funds are
allocated to Authority purposes.
These revenues will be the Authority’s alone and not revenue of either the City or the District.
These revenue sources may include such sources as:
1. Fee Revenue
a. Fire Prevention Bureau Fees.
b. Wildland Reimbursements or Fees.
c. Capital Expansion Fees imposed by the City and District and remitted to the
Authority.
d. Fleet Maintenance Program Fees.
e. Opticom Maintenance Fees.
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2. Miscellaneous Income.
3. Grant Revenue.
4. Federal, State, or County reimbursement for disaster assistance or other purposes.
J. General Provisions
If District or City funding of the Authority changes significantly, all parties commit to
renegotiating the IGA and the City and District contribution amounts in good faith.
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Exhibit B
Support Services Provided by the City
to the Authority and by the Authority to the City
I. Support Services Provided by the City to the Authority
Emergency
Preparedness
and Security
emergency
services
•
• Consult and provide support for security services projects on a fee-
for-service basis. (CHARGED SEPARATELY)
Resources Plan
Enrollment and
Administration
•
as provided to City employees including:
o Process new enrollments, changes, and off-boarding.
o Interpret plans, disseminate plan information, and answer
questions related to City-sponsored retirement plans.
• Administer ACA; process 1095’s and 1094’s.
• Provide GERP administration for existing participants.
• Coordinate with PFA on any existing non-City-sponsored retirement
plans. PFA will interpret plans, disseminate plan information, and
respond to questions that are specific to PFA plans, including FPPA.
• Any other services identified in an Affiliation Agreement previously
reached between the parties related to administration of retirement
Welfare
Benefit
Enrollment,
Administration,
and Wellness
Program
• Administer all City-sponsored health and welfare benefits in the
same manner as provided to City employees, including:
o Process new enrollments, open enrollment, changes, and off-
boarding.
o Interpret benefits, disseminate benefit information, and answer
questions.
• Health and Welfare Benefits will be charged at the same Per
Employee Per Month rate as City employees.
• Coordinate with PFA on the administration and processing of FPPA
Death and Disability benefits.
• Coordinate with PFA on the implementation of any non-City-
sponsored benefits.
• COBRA administration.
• Provide access to City Wellness programs, such as the Wellness Fair,
Health Screenings/Blood Draws, and flu shots, in the same manner as
provided to City employees.
• Personal enrichment classes and other Wellness programs are only
available if PFA participates in the HR Talent Management System at
the negotiated rate, and we would need to do a calculation of staffing
capacity requirements and costs similar to the funding model for the
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Item 16.
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(OPTIONAL) • PFA may choose to opt into City training but to do so they must
participate in the HR Talent Management System at the negotiated
rate. This will make it possible for PFA to search and sign up for
trainings. PFA employees may then participate in trainings and
would pay a per participant fee. (CHARGED SEPARATELY)
•
Human
Resources
Information
Systems
•
by the City using established formats, following the Payroll schedule,
to administer their programs and services. Once the City enters the
data, PFA is accountable for auditing for accuracy.
• Process and maintain employee data in ERP system.
• Maintain personnel files needed to process payroll and benefits. PFA
will serve as the official record keeper for their employees.
• Process unemployment claims.
• Process data uploads using City-provided templates.
• Maintain and enter pay grade tables and pay increase updates using
City-provided templates.
• Provide standard employee data to PFA from the ERP system as is
accessible by other City departments.
• Coordinate with PFA on implementation of any non-City-sponsored
personnel needs, such as payroll types.
• Provide the EEO report from JDE. PFA submits the filing with the
Services Administration
•
employees, including:
o Process new enrollments, open enrollments, and employee exits.
o
•
City, including:
o Accounts payable.
o Purchasing cards.
o General accounting support.
o Maintain financial records and asset inventory.
• Provide master schedules, templates, workbooks and other tools in
timely fashion to support completion of year-end financial reporting
requirements.
• Per Section 5.2 of the Agreement, annual financial audit by same
(CHARGED SEPARATELY)
investments,
and cash
•
• Provide banking and cash management services.
Management
•
• Provide office ergonomics reviews for Authority office employees.
• Safety glasses program.
• Coordinate property and liability insurance renewals by same
(CHARGED SEPARATELY)
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•
City, including:
o Purchasing advice.
o Issuing purchase orders.
o RFP/Bid creation and coordination.
o
•
manner as provided to City departments and in accordance with
established processes and procedures.
• Provide support for specific capital campaigns by request, in the
same manner and charged at the same rate as City departments.
(CHARGED SEPARATELY)
Administration
•
established processes and procedures.
Services •
rate as City departments, including:
o Vehicle fueling.
o Pool vehicle rentals.
o Vehicle repair.
(CHARGED SEPARATELY)
• Access to Facilities service in the same manner and charged at the
same rate as City departments, including:
o Facility repairs.
o Preventive maintenance on HVACs, A/Cs, furnaces.
o Project management for larger projects
o Real estate services. (CHARGED SEPARATELY)
• Service contacts (advice on who to call).
•
Services
•
services.
• Maintain dispatch equipment and capital assets and administer
partnerships, such as CRISP and LETA (CHARGED
SEPARATELY)
• Dispatch staffing levels shall be supplemented by the Authority by
agreement between PFA and City administrators. (CHARGED
Information
Technology Administration
•
maintaining and managing the Authority's data network including
network switches, routers, VPN access and wiring.
• Provide internet access.
• Partner with the Authority in FCPS Computer Aided Dispatch (CAD)
•
•
•
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Item 16.
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•
• (CHARGED SEPARATELY)
Neighborhood Expansion Fees •
from developers by the City on behalf of Authority.
Services Maintenance •
Station 2, Remington St. PFA Headquarters.
• Irrigation and Landscaping at Timberline Station 6 location
according to the intergovernmental agreement between the Authority
and the City Cemetery Division.
• Tree pruning, treatment, and replacement at Authority locations
• (CHARGED SEPARATELY)
Attorney’s
Office
•
described in this Exhibit B
• Updates or changes to Fort Collins Municipal Code or related
policies or agreements tied to fire or emergency services provided by
the Authority
• Municipal court or Fort Collins Municipal Code enforcement
• Advising Authority staff on development review issues that arise in
the City’s development review process
• Any purpose mutually agreed to by the Fire Chief and the City
Attorney, subject to the conditions described in Section 9.7 of the
Agreement
II. Support Services Provided by the Authority to the City
Emergency
Management
•
for the PFA Service Territory, including but not limited to:
• Special events.
• Community Wildfire Protection Plans.
• Incident command (systems, planning, meetings, staffing of
command post, and grant writing), liaison and comprehensive
collaboration with Community partners, and state and federal
Comprehensive
Financial
Report (ACFR)
audit support
•
all PFA audit support required documentation.
• Utilization of all City-provided and/or pre-authorized worksheets,
templates, and tools for both routine and year-end financial
reporting.
• Continual engagement and coordination with City staff throughout
the fiscal year and regarding all audit timelines, PFA worksheets,
•
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Item 16.
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o
provider selection.
o Point of contact for citizen claims.
o Coordination of insurance renewals.
o Workers’ compensation claims & driver’s license checks and
Technology support •
increased complexity of PFA specific application needs.
Resources support •
and fund transfers.
•
EXHIBIT A TO RESOLUTION 2024-119
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SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE POUDRE FIRE AUTHORITY
THIS SECOND AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT, (“Agreement”) is entered into this ___ day of ________________, 2014, pursuant
to SectionSections 29-1-201203 and -203.5 et seq., C.R.S., by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and THE
POUDRE VALLEY FIRE PROTECTION DISTRICT, Larimer County, State of Colorado,
hereinafter referred to as the "District". This Agreement is effective at 12:00 am on January 1, 2025
(“Effective Date”). No provision in this Agreement or the attached exhibits shall apply to the 2024
fiscal year. The 2024 fiscal year, and all requirements, processes, and procedures associated with
the 2024 fiscal year, are governed solely by the provisions of the July 15, 2014 Amended and
Restated Intergovernmental Agreement Establishing The Poudre Fire Authority and the exhibits
attached thereto, which shall remain in full force and effect through 11:59 pm on December 31,
2024, at which date and time such agreement shall terminate for all purposes. The City and the
District are referred to collectively as the “Parties” and individually as a “Party.”
WITNESSETH:
WHEREAS, the partiesParties to this Agreement have entered into previous
intergovernmental agreements providing for the formation of an independent governmental entity
for the purpose of providing fire protection and related services, as noted in such previous
intergovernmental agreements, within the respective territorial limits of the parties heretoParties,
which entity is known as the POUDRE FIRE AUTHORITY; and
WHEREAS, those previous agreements, as amended, have been mutually beneficial in
providing a higher degree of protection to persons and property within the respective territorial
limits of the parties heretoParties; and
WHEREAS, the parties WHEREAS, the Parties believe their interests will be best
served by the City providing the POUDRE FIRE AUTHORITY with certain support services, and
the POUDRE FIRE AUTHORITY providing certain support services to the City, which are more
specifically described on the attached “Exhibit B,” which is incorporated herein by this reference.
In addition, the Parties believe that the City Attorney is capable of providing to the POUDRE FIRE
AUTHORITY a portion of the legal services required by the POUDRE FIRE AUTHORITY
pursuant to the terms of this Agreement and Exhibit B, and the City Council consents to such
appointment by the POUDRE FIRE AUTHORITY; and
WHEREAS, the Parties desire to provide for the continued existence of the POUDRE FIRE
AUTHORITY, and to amend and restate in full all previous intergovernmental agreements
regarding the establishment and operation of the POUDRE FIRE AUTHORITY.
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NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the parties heretoParties as follows:
ARTICLE I
GENERAL PROVISIONS
1.1. Term of the Agreement. ThisThe term of this Agreement shall be in effect
fromcommence on the date first above writtenEffective Date and shall continue until terminated
by one or both of the partiesParties as herein provided. In addition to the option to terminate for
non-appropriation as described in Section 5.4., below, this Agreement may be terminated effective
11:59 p.m. on December 31 of a calendar year by either party hereto, providedParty providing a
minimum of 24 months’ prior written notice of termination is given to the other partyParty. The
effective date of termination shall be on December 31 of any calendar year, provided said
termination shall be no sooner than twenty-four (24) months after serviceParties agree to review
and consider amendments to this Agreement and related exhibits resulting from changes in policy,
practice, or law every eighth year, such review to begin on January 1 and completed by September
1 of the written notice of terminationthat year.
1.2. Poudre Fire Authority. The existence of the independent governmental entity
known as the "POUDRE FIRE AUTHORITY", hereinafter referred to as the "Authority", created
by the intergovernmental agreement of the partiesParties dated December 22, 1981, as such
agreement was amended thereafter, is hereby continued. The Authority is an independent
governmental entity separate and distinct from the City and the District. The Authority may
provide, either directly or by contract, fire protection, emergency medical, extrication/rescue and
ambulance services, enforcement of fire prevention codes, hazardous materials response, and other
emergency services typically provided by a public fire department and that may be provided by a
fire department under the City Charter and by a fire protection district organized pursuant to Article
1, Title 32, C.R.S., within the respective territorial limits of the partiesParties (collectively, the
“Fire Rescue Services”).
1.3. Nature of the Authority. The Authority is a separate legal entity organized pursuant
to Sectionpolitical subdivision of the State of Colorado, formed in conformity with the provisions
of Sections 29-1-203(4), and -203.5, C.R.S. and the provisions of those statutes apply to the
Authority. In carrying out its purposes, the Authority will observe and comply with statutes and
laws applicable to the District and the City, including, but not limited to Parts 1, 5, and 6 of Article
1, Title 29, C.R.S., regarding budget preparation, accounting, and auditing; and Part 4 of Article
6, and Parts 2 and 3 of Article 72 as applicable to the Authority, and ArticleArticles 6 and 10 of
Title 24, C.R.S., regarding open meetings, open records, criminal justice records, and
governmental immunity. The partiesParties intend that the Authority is not be considered a
“district” subject to Article X, Section 20 of the Colorado Constitution. The Authority boundaries
shall consist of the combined territorial boundaries of the partiesParties.
1.4. Governing Board. The Authority shall be administered by a governing Board of
five (5) members, hereinafter referred to as the "Board." All legislative power of the Authority is
vested in the Board. The City shall appoint two (2) members and the District shall appoint two (2)
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members. The fifth member shall be appointed annually at the first regular meeting of the Board
in AugustFebruary of each year by majority vote of by the four other members as appointed by the
City and District. If the vote results in a tie, the Mayor of the City and the President of the District
Board shall have authority to appoint the fifth member.
A. All appointees and terms of appointment shall be at the discretion of
the appointing entity; provided that the fifth member shall be appointed and
serve as provided in the first paragraph of this Section 1.4.
B. All vacancies on the Board shall be filled by the appointing
entity.; provided that a vacancy in the fifth member position shall be filled
as provided in the first paragraph of this Section 1.4.
1.5. Meetings of the Board.
A. Regular Meetings. The Board shall provide for regular meetings at a time
and place fixed by resolution of the Board.
B.
1.5. Meetings of the Board. All Board meetings shall be open to the public and shall be
conducted in compliance with the Colorado Sunshine Law. The following provisions shall be
deemed automatically amended to conform to any changes to the Colorado Sunshine Law after the
Effective Date of this Agreement without the need for the Parties to formally approve an
amendment to this Agreement.
A. Format of Meetings. The Board may, in its discretion, conduct any regular
or special Board meeting (including any study session): (1) at a physical
location; (2) at a physical location with remote electronic attendance
availability; or (3) electronically. User access information for any Board
meeting conducted under (2) or (3) shall be included on the Board meeting
notice and agenda or otherwise made publicly available.
B. Regular Meetings. No later than its first regular meeting of each year, the
Board shall designate the time and place for all regular Board meetings for
the year and designate a public place within the Authority where notice of
the meetings will be posted if notice cannot be accomplished on the
Authority’s website. Notice of a regular meeting and specific agenda
information to the extent possible shall be posted at least 24 hours prior to
the meeting on the Authority’s website or at the designated public place if
notice cannot be accomplished on the Authority’s website.
C. Special Meetings. Special meetings may be held as often as the Authority’s
needs may require. Special meetings may be called by the Chair of the
Board or by the Board at such times as the Chair or the Board may determine
to be necessary, provided that , or by two Directors, upon not less than
twenty-four (24) hours prior written notice or notice to the other Directors,
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which notice shall also be posted to the Authority’s website or at a
designated public place within the Authority where notice of a meeting will
be posted if notice cannot be accomplished on the Authority’s website. A
"work session" constitutes a special meeting at which no formal Board
action may be taken.
D. Emergency Meetings. Emergency meetings may be called by the Chair, or
two Directors, in the event of an emergency that requires the immediate
action of the Board to protect the health, safety, and welfare of the public
without notice to the public if notice is not practicable. If possible, notice of
such emergency meeting may be given to the other Board members by
telephone or electronic mail of the time, place, and business of such meeting
is given to each Board member at least twenty-four (24) hours prior to
whatever other means are reasonable to meet the circumstances of the
emergency. At such emergency meeting, any action within the power of the
Board that is necessary for the immediate protection of the health, safety,
and welfare of the public may be taken; provided, however, that any action
taken at an emergency meeting shall be effective only until the next Board
meeting, regardless of whether it is a regular or special meeting, at which
meeting the emergency issue shall be on the public notice of the meeting.
At such subsequent meeting. Any, the Board member may sign a waiver of
notice which waiver shall then be in lieu of ratify any other notice
requirement. A Board member attendingemergency action taken. If any
special meetingemergency action taken is not ratified, then it shall be
deemed to have received the necessary noticerescinded as of the date of
such subsequent meeting.
C. Open Meetings. All meetings of the Board shall be open to the public,
except that the Board may go into executive session as permitted by state
law.
D. Electronic Attendance. If approved by the Board, the Board members may
participate by telephone or other technology that allows them to participate
in a meaningful manner, so long as meetings are open to the public and the
Board is not acting in a quasi-judicial capacity.
1.6. Minutes. The Secretary shall cause all minutes of the Board meetings of the Board
to be kept and shall, prior to the next meeting, provide a draft of the minutes to each Board member
of the Board for consideration at the next meeting.
1.7. Voting; Quorum; Required Votes. Each Board member of the Board shall have one
(1) vote. A quorum of the Board shall consist of three (3) Board members, provided that the City and
the District are represented by at least one of their appointees, and no. No official action on any matter
may be taken by the Board unless a quorum is present. Unless otherwise required by law, the
affirmative votes of a majority of the Board members present shall be required for the Board to take
any action.
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1.8. By-laws. The Board may adopt such by-laws, rules, and regulations as it deems
necessary or appropriate for the conduct of its meetings and affairs.
ARTICLE II
OFFICERS AND EMPLOYEES
2.1. Chair, Vice Chair, and Secretary. The Board shall elect a Chair and Vice Chair
from its members, and shall appoint a Secretary who may, but need not, be a Board member of
the Board. Said officers shall perform the duties normal for said offices, including the following:
A. The Chair shall sign all contracts on behalf of the Authority, except
contracts or agreements that may be signed by the Authority’s Fire Chief of
the Authority, as herein provided, and shall perform such other duties as
may be imposed by the Board.
B. The Vice Chair shall perform all of the Chair's duties in the absence of the
Chair.
C. The Secretary shall attest to all contracts signed on behalf of the Authority
and perform such other duties as may be imposed by the Board.
2.2. Management. The Board shall appoint a Fire Chief to manage the Authority. The
Fire Chief shall assume responsibilities of the Fire Chief for both partiesParties pursuant to this
Agreement. Subject to the supervision of the Board and the powers specifically reserved to the
Board as described in Article III of this Agreement, the Fire Chief shall have all powers and
authorities provided for a municipal fire chief and a fire chief under Section 32-1-1002, C.R.S.,
and shall oversee and manage all business and affairs of the Authority, including the operation,
maintenance, management, administration, and provision of all facilities, improvements,
equipment, services, and personnel, in the manner typically associated with a fire and emergency
rescue agency for which the fire chief has been delegated authority by the governing body to
manage all aspects of the agency, including the authority associated with a chief executive,
administrative, and operational officer. TheWithout limiting the foregoing, the Fire Chief shall
have the power:
A. To provide for the planning, design, and construction of any buildings, and
the additions or improvements to the facilities owned by the Authority.
B. To execute any contract for capital costs, costs of special services,
equipment, materials, supplies, maintenance, or repair that involves any
Authority expenditure by the Authority of less than Seventy-FiveOne
Hundred Thousand Dollars ($75100,000), providing such expenditure is
within budget. This expenditure limit will be increased or decreased every
five years according to as determined using the Bureau of Labor Statistics'
CPI Inflation Calculator for the cumulative Denver-BoulderAurora-
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Lakewood Consumer Price Index for Urban Consumers, as published by
the Bureau of Labor Statistics.or any successor index. Such adjustment
will be made by the Authority Board.
C. To employ all personnel of the Authority required for the provision of Fire
Rescue Services and maintenance and operation of all facilities and to make
such personnel decisions as he or she deems appropriate, including without
limitation, decisions as to organization, staffing levels, deployment,
promotions, demotions, discipline and, where deemed necessary by the Fire
Chief,, and termination.
D. To employ all personnel required in connection with the planning, design,
and construction of any buildings, additions or improvements to the
facilities owned by the Authority.
E. To expend funds and enter into contracts, whenever required, for the
immediate preservation of the public health, safety, and welfare, provided
that the amount of funds involved does not exceed one percent (1%) of the
annual budget of the Authority for the year in which the funds are expended
or the contract is made.
F. To dispose of by sale any personal property of the Authority with a value
of less than Fifty-Seven Thousand Dollars ($5057,000). This sale limit will
be increased or decreased every five years according to the cumulative as
determined using the Bureau of Labor Statistics' CPI Inflation Calculator
for the Denver-BoulderAurora-Lakewood Consumer Price Index for Urban
Consumers, as published by the Bureau of Labor Statistics.or any
successor index. Such adjustment will be made by the Authority Board.
G. To approve payroll payments and to approve other demands for payments
by the Authority, provided such other payments are within budget and an
individual payment does not exceed Seventy-FiveOne Hundred Thousand
Dollars ($75100,000). This payment limit will be increased or decreased
every five years according to the cumulative as determined using the
Bureau of Labor Statistics' CPI Inflation Calculator for the Denver-
BoulderAurora-Lakewood Consumer Price Index for Urban Consumers, as
published by the Bureau of Labor Statistics.or any successor index. Such
adjustment will be made by the Authority Board.
H. To prepare and submit to the Board an annual operating budget for the next
fiscal year in accordance with the budget schedules of the City and District.
I. I. To adopt general operating guidelines, including but
not limited to non-personnel matter policies and procedures on non-
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personnel matters, operating policies, and inspection policies, as deemed
appropriate by the Fire Chief.
J. To generally supervise the acquisition, construction, management,
maintenance, and operation of the Authority's facilities and personnel.
K. To negotiate with labor groups as may be required by state law or authorized
by the Board.
L. To negotiate with a provider of ambulance services dispatched through the
City’s public safety answering point (PSAP) within the Authority’s service
area, including but not limited to, an exclusive service agreement,
performance standards, and other provisions as deemed appropriate, to be
approved by the Board.
M. To conduct procurement and purchasing processes consistent with the
City’s administrative procurement policies and procedures, unless excepted
from those policies and procedures by the Board.
N. To provide an Annual Report in the second quarter of each year regarding
the activities and accomplishments of the Authority, including reportsand
to present such report to the City Council and District Board at a joint
meeting, for the purpose of reviewing annual performance measurements
and metrics, goals, actual spending to budget, benefits to the community
related to strategic outcome goals, operational efficiency, productivity
improvements, and issues of concern to the Authority, the District, and the
City, with such report to be submitted annually in the second quarter of each
year. . The Authority also shall also provide the community with regular
updates throughout the year related to its performance, as measured by
relevant performance metrics, including analysis of effectiveness in
meeting community service needs.
O. To appoint or engage the City Attorney for the City of Fort Collins to serve
as legal advisor to the Authority on the matters specified in Exhibit B
attached hereto, subject to the requirements of Section 9.7.
P. To perform such other duties as directed by the Board and report to the
Board at such times and on such matters as the Board may direct.
2.3. Legal Advisor. The Board shall have the power to appoint, through a competitive
selection process as determined by the Board, an attorney to provide legal services to the Authority.
2.4. Other Employees. The Board shall have the power to appoint and employ such
other persons, agents, and consultants for the purpose of providing professional, technical, or
consulting services as may be necessary for the purposes of this Agreement.
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ARTICLE III
POWERS OF THE AUTHORITY
3.1. General Powers. The Authority shall exercise, in the manner herein provided, the-
powers lawfully authorized to each of the partiesParties, as provided by the laws of the State of
Colorado, and all incidental, implied, expressed, or necessary powers for the accomplishment of
the purposes of this Agreement as provided herein. The Authority’s powers shall be exercised by
the Board unless otherwise designated by this Agreement, applicable law, or delegation of the
Board. The Authority shall not have the power to levy taxes or exercise the power of eminent
domain.
3.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all
acts necessary for the exercise of the foregoing powers including, but not limited to, the following:
A. To make, and enter into, and perform contracts of every kind as authorized
by law with other governmental entities, the State of Colorado, or any
political subdivision thereof, the United States, or any political subdivision
thereof, and any individual, firm, association, partnership, corporation, or
any other organization of any kind.
B. To employ all necessary personnel.
C. To acquire, construct, manage, maintain, and operate any buildings, works,
improvements, or other facilities.
D. To acquire, hold, or dispose of property.
E. E. To sue and be sued in its own name.
F. To incur debts, liabilities, or obligations to the extent and in the manner
permitted by law, and borrow money and, from time to time, make, accept,
endorse, execute, issue and deliver bonds, notes and other obligations of the
Authority for monies borrowed, or in payment for property acquired, or for
any of the other purposes, services or functions of the Authority; and as
provided by law, and to the extent permitted by law, to secure the payment
of any such obligations by mortgage, pledge, deed, indenture, agreement,
or other collateral instrument, or by other lien upon or assignment of all or
any part of the properties, rights, assets, contracts, easements, revenues and
privileges of the Authority; and providing that all debts, liabilities, and
obligations of the Authority shall be limited to or secured only to the extent
of the Authority’s revenues and assets; and further providing that no
obligation of the Authority shall be or become an obligation of either the
City or the District without the express written consent of such party.
F. To issue bonds, notes, or other financial obligations (collectively,
“Financial Obligations”) payable solely from revenue derived from one or
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more of the Authority’s functions, services, systems, or facilities, from
money received under contracts entered into by the Authority, or from other
available money of the Authority. The Authority shall set forth the terms,
conditions, and details of the Financial Obligations, including related
procedures and refunding conditions, in a resolution authorizing the
Financial Obligations. Financial Obligations issued by the Authority are not
an indebtedness of the Parties within the meaning of any provision or
limitation specified in the state constitution or law. Each Financial
Obligation must state in substance that it is payable solely from the revenues
and other available funds of the Authority pledged for the payment thereof
and that it is not a debt of the Parties within the meaning of any provision
or limitation specified in the state constitution or law. The Financial
Obligations may be issued to mature at such times not beyond forty years
from their respective issue dates, shall bear interest at such rates, and shall
be sold at, above, or below the principal amount thereof, at a public or
private sale, all as determined by the Authority Board. Interest on any
Financial Obligation is exempt from taxation except as otherwise may be
provided by law. The resolution, trust indenture, or other security agreement
under which Financial Obligations are issued is a contract with the holders
thereof and may contain such provisions as the Authority determines to be
necessary and appropriate and to provide security for the payment thereof,
including, without limitation, any mortgage or other security interest in
revenue, money, rights, or property of the Authority.
G. To apply for, accept, receive, and disperse grants, loans, and other aid from any
governmental entity or political subdivision thereof.
H. To invest any unexpended funds that are not required for the immediate
operation of the Authority, as the AuthorityBoard determines is advisable,
in accordance with the laws of the State of Colorado; provided however,
that such investment management and cash management services will be
provided by the City through its Finance Department.
I. To administer and enforce the Fire Code adopted by the City and District,
and as adopted or consented to by other municipalities and counties within
the Authority’s service area.
J. To provide ambulance services directly or through a contract with a an
ambulance services provider of ambulance services, that are dispatched
through the City’s public safety answering point (PSAP) within the
Authority’s service area through any lawful means, including but not
limited to an exclusive service agreement, performance standards, or other
provisions as deemed appropriate by the Board.
K. To adopt bylaws, rules, and regulations respecting the exercise of its powers
and carrying out of its purposes.
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L. To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the Authority in the manner provided by law.
M. To own, operate, and maintain real and personal property and facilities in
common with others, and to conduct joint, partnership, cooperative, or
operations with others, and to exercise all the powers granted herein in joint,
partnership, cooperative, or other operations with others.
N. To act as agent on behalf of the partiesParties with regard to the functions
and services described hereinabove and any existing contracts and
agreements between either or both of the partiesParties or any other party,
to the extent permitted by law and the terms of such contracts and
agreements.
O. To carry out all provisions of this Agreement.
ARTICLE IV
ORGANIZATIONAL PROCEDURE
4.1. Delegation of Powers, Duties, and Responsibilities.
A. Each of the parties heretoParty delegates to the Authority the power, duty,
and responsibility to maintain, operate, manage, and control all of the Fire
Rescue Services facilities, equipment, resources, and property of the
Authority, including without limitation, all fire stations, land, buildings and
firefighting, emergency medical and rescue equipment, and to employ the
necessary personnel and do any and all other things necessary or desirable
to provide continued efficient and economical Fire Rescue Services to all
persons and property within the respective territorial limits of the parties
heretoParties, which area shall be considered the jurisdiction of the
Authority.
B. The Authority is hereby empowered to provide Fire Rescue Services to
persons and property outside the Authority’s jurisdiction of the Authority
by agreement in exchange for payment or reciprocal services, as long as
such additional services can be provided through the use of existing
facilities, equipment, resources, and personnel of the Authority.
4.2. Personnel.
A. The Board shall adopt the necessary rules, regulations, and procedures
which shall governnecessary for the governance of the Authority’s
personnel matters.
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B. During the term of this Agreement, all employees transferred from the City
and , which the District underFire Chief shall implement and enforce
through the original Intergovernmental Agreement and all employees hired
by the Authority shall be employees of the Authority subject to the terms and
conditions of employment in effect as stated in Authority Personnel Rules
and Regulations, as amended from time to time.
C. All of the time that a transferred employee has spent as a Fire Department
employee of either the City or the District shall be considered as time
employed by the Authority for the purpose of determining any conditions
or benefits of employment with the Authority.
D. The establishment of the Authority as an independent governmental entity
shall not affect in any manner the rights of City or District employees, hired
prior to January 1, 1982, insofar as they relate to pension benefits provided
by the laws of the State of Colorado.
E. At the termination of this Agreement, any unfunded pension liabilities
incurred by the Authority during the term of this Agreement shall be
assumed by the City or the District in proportion to the allocation of
Authority personnel to the City and the District.
F. If this Agreement is terminated, the parties agree that any employee of the
Authority who was an employee of the City or the District on January 1, 1982 shall be restored to-
employment with the employee's original employer (City or District as applicable) or the entity which
has need for additional employees. Said employment shall be subject to the terms and conditions of
employment then in effect as stated in City or District personnelsuch policies, procedures, rules, orders,
and directives as the Fire Chief determines are necessary or appropriate.
4.3. Authority Fund. The Board shall establish an Authority Fundsuch funds as it deems
appropriate to account for all financial transactions of the Authority in accordance with generally
accepted accounting principles.
ARTICLE V
BUDGET; MAINTENANCE AND OPERATION
COSTS; OTHER COSTS
5.1. Annual Budget.
A. A. The Board shall adopt a preliminary budget for
maintenance and operation costs, capital costs, and costs of other services
in accordance with the budget schedules of the City and the District, which
budget may be amended from time to time based on changes in revenue
projections made by the City and the District. The Board shall submit the
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budget to the respective governing bodies of the parties hereto.Parties. The
budget shall become the Authority budget only after approval of the
appropriations by the respective governing bodies and final approval by the
Board.
B. B. The Parties’ financial contributions of the parties for the
funding of the Authority shall be determined by the Revenue Allocation
Formula, hereafter referred to as the “RAF,” as set forth in “Exhibit A,,” attached
hereto and incorporated by this reference.
C. C. The City will provide the Authority with an annual
forecast of the City base sales and use tax and City property tax described in
Exhibit A in April and August of each year. The City will calculate the budgeted
City base sales and use tax and budget City property tax amounts as part of the
annual budget appropriation. The City’s financial contributions for the funding
of the Authority will reflect the actual amounts collected by the City each month.
D. In January of each year, the City will, based on the maximum and minimum
bands described in the table set forth in Exhibit A, reconcile the actual amounts
collected in the prior year and adjust the City’s annual financial contribution
to the Authority for that year.
E. The Board shall present requests for supplemental appropriations to the
respective governing bodies of the parties hereto.Parties. For the purposes
of this Agreement, "supplemental appropriations" shall mean any
appropriation made above and beyond the annual appropriation made
during the budgetary process.
F. D. The Board shall have the power to reappropriate
funds inwithin the fund balance of one or more funds for whatever purpose
the Board deems appropriate or necessary without approval of the City or
District. Such reappropriations shall be made only at meetings of the Board
held after proper notice has been given, according to the bylaws of the
Authority.
5 .2. Records and Accounts. Through the City’s Finance Department, the Authority shall
provide for the keeping of accurate and correct books of account, showing in detail the capital costs,
cost of services, maintenance and operating costs, and all financial transactions of the Authority
which books of account shall correctly show any receipts and also any costs, expenses, or charges
paid to or to be paid by each of the parties heretoParties. Said books and records shall be open to
inspection at all times during normal business hours by any representative of either partyParty or by
the accountant or other person authorized by either partyParty to inspect said books or records. The
Board shall provide for the auditing of all books and accounts and other financial records of the
Authority on an annual basis in accordance with the Local Government Budget Law of Colorado,
utilizing the same certified public accountant as is used by the City in the auditing of its financial
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records. The results of said audit shall be presentedsubmitted to the City and the District not later
than thirty (30) days after receipt by the Board.
5.3. Payment of Costs. The City shall pay the Authority monthly, and the District shall
pay the Authority quarterly, in advance, its allocated share of the total budgeted annual costs and
expenses. The Board is authorized to approve other arrangements for payments by the City and the
District, provided the financial security of the Authority is not impaired. In addition to supplemental
appropriation requests, the Board is authorized to request amounts in excess of any regular payment
for the costs and expenses of the Authority, provided the total annual allocation does not exceed the
estimated share of costs and expenses for either partyParty to this Agreement. The Authority shall
make available to each of the agenciesParties a final detailed statement of the final costs and expenses
for the fiscal year allocated in the same manner as estimated expenses were allocated, as soon as
possible after the close of each fiscal year.
5.4. Sources of Funds. Each partyParty shall provide the funds required to be paid by
it to the Authority under this Agreement from any source of funds legally available to such
entityParty for such purpose. All financial obligations of the City and the District incurred
pursuant to this Agreement are expressly contingent upon the actual appropriation of funds by each
party. Party. Upon an event of non-appropriation by one party,either Party, that Party may
terminate this Agreement effective as of the partylast day of the year in which funds have been
appropriated by such Party. If one Party has appropriated funds when the other has not, the Party
that has appropriated funds may, in its sole discretion, terminate this Agreement effective as of the
last day of the year in which funds have been appropriated by both partiesParties, or choose to
continue this Agreement in effect, in which case the Authority shall adjust the level of service
consistent with the revenues available from the appropriating party. Party. If both partiesParties
fail to appropriate funds under this Agreement, unless otherwise agreed to by the partiesParties,
this Agreement shall terminate effective as of the last day of the year in which funds have been
appropriated by both partiesParties.
ARTICLE VI
SERVICES
6.1 . Provision of Professional, Administrative, and Support Services.
A. The City shall provide to the Authority those professional, administrative,
and support services described in Section I. of Exhibit B, attached hereto
and incorporated herein by to this reference, upon the terms and conditions
set forth therein. Agreement. The Authority shall provide to the City
thosethe support services also described in Section II. of Exhibit B, upon to
this Agreement. The annual cost of the terms and conditions set forth
therein. The provision of thosesupport services described in Exhibit B to
this Agreement shall be at no additional charge unless otherwise indicated
on Exhibit B. Uponadjusted annually for inflation using the written
agreement of the City Manager and the Fire Chief, Exhibit B may be
amended from Bureau of Labor Statistics’ CPI Inflation Calculator for the
Denver-Aurora-Lakewood Consumer Price Index for Urban Consumers, or
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any successor index. The net annual balance for each year will be
determined at the time to time.of the annual budget appropriation for the
ensuing fiscal year, then divided into twelve equal monthly amounts and
either added to, or deducted from, the ensuing fiscal year’s RAF City
Annual Contribution amount to be transferred to the Authority. The
transfers will take place monthly.
6.2. Additional Services. The City may agree to provide other additional services to the
Authority, provided the Authority complies with the operating procedures of the City.
B. The City and the Authority shall each appoint an administrator, who must
be knowledgeable about the terms of this Agreement and the services
provided, and who must ensure compliance with the terms of Article VI and
Exhibit B of this Agreement. The City’s Chief Financial Officer will
appoint a designee in writing to serve in the administrator role for the City.
The Authority Board will appoint a designee to serve as the administrator
for the Authority Board. The responsibilities of the administrators shall
include, but not be limited to, the following:
1. Ensure adequate levels of the services described in Article VI and
Exhibit B of this Agreement.
2. Provide clarity around standard operating procedures and systems
requirements for the services described in this Agreement.
3. Ensure City-established standard operating procedures and system
requirements are being followed.
4. Meet regularly to discuss alignment of the Authority’s policies,
operating systems, procedures, benefits, and tools with the City’s.
5. Adjust annual charges in correspondence with the changing complexity
of fulfilling the services described in Section VI and Exhibit B of this
Agreement.
6. Use good faith efforts to resolve disputes relating to the services
described in Article VI and Exhibit B of this Agreement. If the
administrators cannot resolve the dispute, the City Manager and the Fire
Chief shall meet within 30 days of the administrators’ notifying them of
the unresolved dispute to consider the matter and come to a mutually
agreeable resolution.
7. Meet on a quarterly basis to discuss budget and actual costs for services
described in Article VI and Exhibit B, as well as budget and actual
revenues described in Exhibit A, of this Agreement.
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8. Determine whether specific services within the categories of services
established in Article VI and Exhibit B of this Agreement (“Established
Category(ies)”) should be modified or new services added to, or existing
services removed from, an Established Category. The Parties hereby
authorize the administrators to modify services within the Established
Categories, or to add new services to or remove services from the
Established Categories, with the approval of the City Manager and the
Fire Chief, subject to appropriation of necessary funds. Such actions
shall be in writing and signed by the Administrators, the City Manager,
and the Fire Chief, and, upon such execution, shall constitute an
amendment to this Agreement without the need for the Parties to
formally approve the amendment. Each administrator must advise the
other administrator by October 31 of each year about planned or
potential changes to services for the upcoming year. Any such
communication must identify the changes to the services and the
affected Established Category(ies).
ARTICLE VII
OWNERSHIP OF PROPERTY
7.1. Real and Personal Property. The Authority shall continue to hold all right, title,
and interest in any and all real property and personal property transferred to the Authority by the
City or the District or acquired by the Authority since January 1, 1982 for the purpose of providing
Fire Rescue Services, unless such property is disposed of in compliance with the terms of this
Agreement.
7.2. Asset Inventory Schedules. The Authority shall maintain separate asset inventory
schedules for any and all property transferred from the City or the District which remains under
the ownership of the Authority, as well as any and all property acquired by the Authority since
January 1, 1982.
ARTICLE VIII
TERMINATION
8.1. Disposition of Assets. Upon termination of this Agreement pursuant to paragraphs
1.1. or 5.4., above, the assets of the Authority shall be disposed of as follows:
A. All assets acquired by the Authority from contributions from the
partiesParties shall be returned to the contributing partyParty if said assets
are still owned by the Authority.
B. If assets contributed to the Authority are not in existence, the contributing
partyParty shall have the option of receiving the fair market value of the asset
at the time of disposal by the Authority in either cash (if available) or assets
of the Authority acquired from funds provided by the partiesParties.
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C. All remaining assets acquired by the Authority after January 1, 1982, from
funds provided by the partiesParties shall be distributed to the partiesParties
on the basis of the appraised value of said assets at the time of termination
and in the same proportion as the respective contributions of funds by the
partiesParties for acquisition of the assets over the life of this Agreement.
D. D. The partiesParties may agree to dispose of any assets
of the Authority in any other acceptable manner.
E. E. If the partiesParties cannot agree on the disposition
of certain assets of the Authority, said assets shall be subject to an
independent appraisal and shall be sold at public auction with the proceeds
allocated to the partiesParties in the same proportion as the respective
contributions of funds by the partiesParties for acquisition of the asset.
8.2 Pension Funds. For those active firefighters who are members of the Fire and
Police Pension Association (“FPPA”) statewide retirement pension plan, each Party shall become
the successor “sponsor” for those active firefighters that it hires and retired members for whom it
assumes the plan responsibilities and financial liabilities. Except as permitted in an Affiliation
Agreement reached between the City and the Authority in September of 2020, for any 401(a) or
457 retirement plan sponsored by the Authority, the Party that hires the greatest number of active
employees who participate in the plan shall take such actions as are necessary to become the
successor sponsor of the plan and the other Party shall take such actions as are necessary to become
a Participating Employer under the plan.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1. Notices. Any notice required or permitted hereunder shall be in writing and shall
be
sufficient if deposited in thegiven by United States mail, postage prepaid to:
CITY: City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
DISTRICT: Chair of the Board
Poudre Valley Fire Protection District
102 Remington Street
Fort Collins, Colorado 80524
9.2. Consent. Whenever any provision of this Agreement requires consent or approval of
the parties heretoParties, the same shall not be unreasonably withheld.
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9.3. Amendments. ThisExcept as provided in Section 6.1(B)(5) and (7), this
Agreement, including its exhibits, may only be amended in writing, by the parties heretoParties.
9.4. Severability. In the event any provision of this Agreement is determined to be
illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force
and effect unless and until otherwise determined. The illegality of any provision of this
Agreement shall in no way affect the legality and enforceability of any other provision of thethis
Agreement.
959.5. Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of the partiesParties.
9.6. Assignment and Delegation. A partyParty shall neither assign any of the rights
nor delegate any of the duties created by this Agreement without the written consent of the other
partyParty.
9.7 Effect Upon Prior Agreements. This Agreement shall extinguish and replace the
intergovernmental agreement entitled Intergovernmental Agreement dated November 3, 1987,
and the three addenda to that Intergovernmental Agreement referenced in the Third Addendum
to the Intergovernmental Agreement Between the City of Fort Collins and Poudre Valley Fire
Protection District dated May 21, 2013.
9.7. Legal Services. On August 15, 2015, the City and the Authority entered into an
intergovernmental agreement regarding the provision of legal services to the Authority by the
City Attorney’s Office (“Legal IGA”). The Parties agree that the terms of this Agreement
supersede the Legal IGA and that the Legal IGA is no longer in effect on January 1, 2025. The
Parties authorize the Fire Chief to engage the City Attorney for any of the purposes described in
Exhibit B if the following conditions are met:
A. While providing such services, the City Attorney and those members of the
City Attorney’s staff designated by the City Attorney to provide the legal
services shall remain at all times City employees.
B. The City Attorney determines that the City Attorney’s Office has the
capacity and resources to handle a particular matter.
C. The City Attorney and the Fire Chief agree that the subject matter is not
more appropriately handled by other legal counsel.
D. The provision of such legal services is consistent with the Colorado Rules
of Professional Conduct.
E. Any informed written consent to the provision of such services may be
provided by the Fire Chief.
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9.8 . No Third Party Beneficiaries. This Agreement is made for the exclusive
benefit of the parties heretoParties and shall not be construed to be an agreement for the benefit
of any third party or parties and no third party shall have a right of action hereunder for any cause
whatsoever.
9.9. Execution. This Agreement may be executed in counterparts and by facsimile or
electronic pdf, each of which shall be deemed an original and together shall constitute one valid
and binding instrument.
[Signature Page Immediately Follows]
IN WITNESS WHEREOF, the parties heretoParties have caused this Agreement to be
signed on the date hereinabove written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _____________________________________
Mayor
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Deputy City Attorney
POUDRE VALLEY FIRE PROTECTION DISTRICT
By: __________________________________________
President of the Board
ATTEST:
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___________________________
Secretary
APPROVED AS TO FORM:
___________________________
Counsel for District
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Exhibit A
To Intergovernmental Agreement
Funding Formula and Revenue Allocation Formula (RAF)
The City of Fort Collins (“City”) and the Poudre Valley Fire Protection District (“District”) will each
make annual contributions to the Poudre Fire Authority (“Authority”) according to the following
contribution calculations:
A. A. City Annual Contribution to the Authority per RAF :
Subject to the Adjustmentsadjustments described below, the City will annually contribute to the
funding of the
Authority the following amounts: (the “City Annual Contribution”):
.29
1. 13.235 percent of one cent ofthe City base salesBase Sales and use taxUse Tax (excluding
sales and use tax revenue which has been legally pledged for use only on specific projects
and debt obligations, or has otherwise been restricted or committed for a particular use as
a matter of law or contract); and
2. A sum equal to 67.5 percent of the operating mill levy of the City's property taxesCity
Property Tax; and reduced by
3. Sales and use tax revenue from the voter approved tax measure currently known as
"Keep Fort Collins Great" (KFCG) per the tax measure provision for fire protection and
other emergency services funding.
"City Sales
3. The annual net cost of the Support Services provided by the City and the Authority, as
identified in Exhibit B.
“City Base Sales and Use Tax” and Use Tax" and "“City Property Tax"” refer to the actual amounts
received by the City for these relevant accounts. The City Contribution to the Authority will reflect
the actual amounts collected by the City each month.
The City will provide the Authority with annual forecasts per the City's Financial Services of the
City Base Sales and Use Tax and the City Property Tax amounts. These forecasts will be provided
by the City in April projectionand August. The City will then budget for anticipated City Base Sales
and Use Tax and City Property Tax revenue amounts as part of the City's Biennial Budget process.
The RAF will be updated throughout that same year if thereannual appropriation of the budget in
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November of each year.
B. Limitations on City’s Contribution Amounts:
Annually, the City will reconcile the actual amounts collected and adjust the City Annual
Contribution based on the Upper Band (percentage above budget) and Lower Band (percentage
below budget) for each of the following:
If any of the individual actual tax revenue amounts collected are material changes to the City Sales
& Use Tax and City Property Tax April projectionswithin the band range, no adjustment is
necessary. If a tax revenue amount is above the annual upper band or below the annual lower band,
an adjustment will be made at year end to account for the excess or shortage to return the City Annual
Contribution to within the band percentage amounts.
C. City Annual Contribution Calculations Calculation Examples:
The formula for determining the City's CalculatedCity Annual Contribution to the Authority will be
calculated as the sum of:
A portion of
1. The defined percentage of City Base Sales and Use taxTax revenue
PLUSTotal City Base Sales & Use Tax Revenue (per Financial Services April projections)
± 2.25 DIVIDE: Total 2.25 cent Base City sales and use tax to equal
subtotal of 1 cent of sales and use tax
x 0.29 MULTIPLY: RAF sales and use tax, a defined percentage share of total
revenue Sales and use tax RAF Amount
Example: If 2.25% sales tax yields $60 million per year, then $60 million ÷ 2.25 = $26.66
million per 1% of sales and use tax; then $26.66 million x .29 = $7.733 million is .29 cents of
sales and use tax to be contributed to PFA.of City
2. PLUS a portion of Property Tax revenue
Upper Band (%
above Budget)
Lower Band (%
below Budget)
Sales Tax 3.0% -2.0%
Use Tax 6.0% -2.0%
Property Tax 2.0% -2.0%
Base Tax Percentage Contribution
Sales Tax 125,000,000$ 13.235% 16,543,750$
Use Tax 16,500,000$ 13.235% 2,183,775$
Total Sales and Use Tax 141,500,000$ 13.235% 18,727,525$
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City 9.797 Mill Property Tax Revenue (per Financial
LESS, the net cost of Support Services April projections)
x 0.675 MULTIPLY: RAF property tax percentage
Property tax RAF Amount
from
Exhibit
A, Page
1
Base Tax Percentage Contribution
Property Tax 33,000,000$ 67.500% 22,275,000$
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Exhibit A
To Intergovernmental Agreement
3. 3. PLUS tax measure revenue from Keep Fort Collins Great dedicated to fire
protectionB (per annual appropriated City budget and other emergency services
fundingAuthority budget in November)
4. The sum of which components equals the City Calculated Annual Contribution to the
Authority.
Phase-in of City
D. Limits on Contribution Adjustment ($2.6 M over 5 years) Example:
The City's current (2014) budgeted contribution to the Authority is $2.6M below
In the example above the RAF calculated amount. It is the City's intent to phase in its total contribution
to equal the RAF calculation over a 5 year time period beginning in 2015 as follows:
City Calculated AnnualActual Contribution
MINUS: Escalation Adjustment for year
Total City exceeds the total Actual Adjusted Contribution
Escalation Adjustment as required by yearthe limitation bands. Therefore, the following adjustment would
be required at year end:
2014 = $2.6M
2015 = $2.1M
2016 = $1.6M
Less: Net Cost of Support
Services - Exhibit B (450,000)$
City Calculated Annual Contribution 40,552,525$
Limits on Contribution:
Budgeted
Contribution
Actual
Contribution Upper Band Lower Band
Actual Adjusted
Contribution
Sales Tax 16,543,750$ 16,750,000$ 17,040,063$ 16,212,875$ 16,750,000$
Use Tax 2,183,775$ 2,000,000$ 2,314,802$ 2,140,100$ 2,140,100$
Property Tax 22,275,000$ 23,000,000$ 22,720,500$ 21,829,500$ 22,720,500$
Support Services Costs (450,000)$ (450,000)$ N/A N/A (450,000)$
Total Contribution 40,552,525$ 41,300,000$ 41,160,600$
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2017 = $1.0M
2018 = $0.5M
E. Capital Improvement Expansion Fees:
The City has adopted capital improvement expansion fees for general governmental services, including
fire, to help defray the capital cost of ever-increasing demands to provide such necessary capital
improvements related to the provision of fire services in the City. The City has established a separate
account for the expansion fees, which shall be requested from the Fort Collins City Council via an
ordinance, and then appropriated by the Authority Board of Directors for expenditure.
F. Annexations Adjustment:
Annexation — primarily residential:
In the event of a City approved annexation of properties included in the District that are
primarily residential in nature, the RAF sales and use tax percentage and RAF property tax
percentage will be adjusted to ensure no loss of revenue to PFA.
Annexation — with significant commercial or industrial components:
In the event of a City approved annexation ofthe City annexes properties included in the District that
include a significant commercial or industrial components, the City and District will work
cooperatively to ensure that service levels will be maintained through adequate funding adjustments after
the annexation has occurred. This will be achieved through adjustments to the RAF sales and use tax
percentage and/or the RAF property tax percentage, to ensure no loss of revenue to the Authority. This
adjustment will take place as of the end of the calendar year in which the annexation occurs and in
conjunction with the timing of the annual reconciliation of contribution amounts described in Section B
above.
G. URA / /TIF / Adjustments and Other Implications:
In the event of Urban Renewal Authority (URA) implementation of tax increment financing (TIF) that
materially affects the City contributionAnnual Contribution to the Authority or cost of service to the
Authority, the City and District will work cooperatively to ensure that service levels will be maintained
through adequate funding adjustments.
Actual
Contribution
Actual Adjusted
Contribution
Net Annual
Adjustment
Year-end Contribution
Adjustment Calculation 41,300,000$ 41,160,600$ (139,400)$
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All parties are committed to renegotiating the RAF, or contributionCity Annual Contribution amount, in
good faith in the event of "other" implications that affect the efficient implementation of the RAF, or
management of the Authority, in a fiscally prudent manner.
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Exhibit A
To Intergovernmental Agreement
H. B. District Contribution.
The District will annually contribute to the funding of the Authority the revenue from the
following amounts: sources:
1. The District shall annually adoptcertify a mill levy (minimum 10.595 mills) pursuant
to state law, and 100% of the mill levy revenue, less reasonable administrative
expenses for the operation of the District, plus specific ownership tax, shall be
contributed to the funding of the Authority for any authorized purpose.
2. The District has intergovernmental agreements with Larimer County and the Town
of Timnath for the assessment, collection, and remittance of emergency services
impact fees on new development that is located within:
a. both the unincorporated portion of the County and the District, or that in the
future becomes located within the unincorporated portion of the County and
the District; and
b. the incorporated portion of the Town of Timnath and the District, or that in
the future becomes located within the incorporated portion of the Town and
the District.
3. C. The District impact fees are established to defray the impacts directly
related to development within the District. The District, via resolution, will transfer
District impact fees to the Authority on an as needed or requested basis.
I. Other Revenues
The Poudre Fire Authority will generate other revenues for support of specific programs and
services through a variety of sources. The PFAAuthority is authorized to expend these funds
with approval of the PFAAuthority Board of Directors in the same manner as City and
District funds are allocated to PFAAuthority purposes. These revenues will be considered to
be PFA's alone and not revenue of either the City or the District. These revenue sources may
include such sources as.
1.
These revenues will be the Authority’s alone and not revenue of either the City or the District.
These revenue sources may include such sources as:
1. Fee Revenue
a. Plan Review and Development Review Fees
b. Sprinkler Inspection Fees
c. Hazardous Materials Fees
a. Fire Prevention Bureau Fees.
d.b.Wildland Reimbursements or Fees.
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e.c. Capital Expansion Fees passed throughimposed by the City of Fort Collins
or other entitiesand District and remitted to the Authority.
d. Fleet Maintenance Program Fees.
f.e. Opticom Maintenance Fees.
2. Cost sharing revenue for City of Fort Collins Office of
Emergency Management
2. 3. Miscellaneous Income.
4. Investment Income
3. 5. Grant Revenue.
4. 6. Federal, State, or County reimbursement for disaster assistance or other purposes.
D.
J. General Provisions
If District or City funding of the Authority changes significantly, all parties commit to
renegotiating
the IGA and the City and District contribution amounts in good faith.
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EXHIBITExh
ibit B
To Intergovernmental Agreement
Support
Services
Provided
by the City
to
the
Auth
ority
and
by
the
Auth
ority
to
the
City
of
Fort
Colli
ns
I. Suppor
t
Service
s
Provide
d by
the
City to
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Intergovernmental
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the
Authori
ty
Departm
ent
Service
Descrip on
Office of
Emergen
cy
Prepared
ness and
Security
Coordinated
OEMemerge
ncy services
•Coordinate emergency services on an as-
needed basis.
Consult and provide support for security
services projects on a fee-for-service basis.
(CHARGED SEPARATELY)
Work in close
coordina on with
the
Management Authority's designated emergency
manager
Fund por on costs of the City's joint
OEM in partnership with the City
General Fund and Utility Services
through the City's Budget process
Human Resources Pension Administration Administer 401 Money Purchase Plans
for Authority benefitted employees
Process new employee enrollment
and changes in par cipant records
Human
Resources
Retirement
Plan
Enrollment
and
Administration
• Administer all City-sponsored retirement plans in the same
manner as provided to City employees including:
o Process new enrollments, changes, and off-boarding.
o Interpret plans, disseminate plan information, and answer
questions related to City-sponsored retirement plans.
Administer ACA; process 1095’s and 1094’s.
Provide GERP administration for existing participants.
Coordinate with PFA on any existing non-City-sponsored
retirement plans. PFA will interpret plans, disseminate plan
information, and respond to questions that are specific to PFA
plans, including FPPA.
Any other services identified in an Affiliation Agreement
previously reached between the parties related to administration of
retirement plans.
Deferred Compensation Administra on and support of 457
Administration Deferred Compensation programs
Enrollment and changes processed
Health and
Welfare
• Administer all City-sponsored health and welfare benefits in the
same manner as provided to City employees, including:
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BenefitsBenef
it Enrollment,
Administration
, and Wellness
Program
o Process new enrollments, open enrollment, changes, and off-
boarding.
o Interpret benefits, disseminate benefit information, and answer
questions.
Health and Welfare Benefits will be charged at the same Per
Employee Per Month rate as City employees.
Coordinate with PFA on the administration and processing of
FPPA Death and Disability benefits.
Coordinate with PFA on the implementation of any non-City-
sponsored benefits.
COBRA administration.
Provide access to City Wellness programs, such as the Wellness
Fair, Health Screenings/Blood Draws, and flu shots, in the same
manner as provided to City employees.
Personal enrichment classes and other Wellness programs are only
available if PFA participates in the HR Talent Management System
at the negotiated rate, and we would need to do a calculation of
staffing capacity requirements and costs similar to the funding
model for the Library, recognizing we do not presently have the
capacity today.
(medical, dental, vision, life, long-term
disability) within City self-insured plans
and contract group insurance agreements
COBRA administra on
New employee benefits sign-ups
Training
(OPTIO
NAL)
• Interpret plans to employeesPFA may choose to opt into City training but
to do so they must participate in the HR Talent Management System at the
negotiated rate. This will make it possible for PFA to search and sign up for
trainings. PFA employees may then participate in trainings and would pay
a per participant fee. (CHARGED SEPARATELY)
Job
Posting
•Link from City employment website to
Authority’s employment website positions.
Act as liaison
between
employees and
insurance
companies
Maintain records, files and forms
Benefits Open
EnrollmentRe
cords and
Human
Resources
• Provide access to health and welfare benefits through City
sponsored plans in the same way as provided to coveredPFA is
responsible for ensuring accuracy of employee data required by
the City using established formats, following the Payroll schedule,
to administer their programs and services. Once the City enters the
data, PFA is accountable for auditing for accuracy.
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Deleted Cells
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Information
Systems
Process and maintain employee data in ERP system.
Maintain personnel files needed to process payroll and benefits.
PFA will serve as the official record keeper for their employees.
Process unemployment claims.
Process data uploads using City-provided templates.
Maintain and enter pay grade tables and pay increase updates
using City-provided templates.
Provide standard employee data to PFA from the ERP system as is
accessible by other City departments.
Coordinate with PFA on implementation of any non-City-
sponsored personnel needs, such as payroll types.
Provide the EEO report from JDE. PFA submits the filing with the
EEOC.
Financial
Services
Payroll
Administration
Provide payroll services in the same manner as provided to City
employees, including:
o Process new enrollments, open enrollments, and employee
exits.
o Process employee garnishments.
Accounting • Provide flexible spending accountsProvide accounting services
in the same manner as provided to the City, including:
o Accounts payable.
o Purchasing cards.
o General accounting support.
o Maintain financial records and asset inventory.
Provide master schedules, templates, workbooks and other tools in
timely fashion to support completion of year-end financial
reporting requirements.
Per Section 5.2 of the Agreement, annual financial audit by same
auditor as contracted by the City. (CHARGED SEPARATELY)
Banking,
investments,
and cash
management
Manage investments with the City’s investment pool.
Provide banking and cash management services.
Safety & Risk
Management
DOT Pool Compliance management and compliance.
Provide office ergonomics reviews for Authority office employees.
Safety glasses program.
Coordinate property and liability insurance renewals by same provider
as contracted by the City. (CHARGED SEPARATELY)
Purchasing Provide accounting services in the same manner as provided to the
City, including:
o Purchasing advice.
o Issuing purchase orders.
o RFP/Bid creation and coordination.
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o Service Agreements/Contracts.
City Give Provide general support for donation management in the same manner
as provided to City departments and in accordance with established
processes and procedures.
Provide support for specific capital campaigns by request, in the same
manner and charged at the same rate as City departments.
(CHARGED SEPARATELY)
Grant
Administration
Provide grant administration support services in accordance with
established processes and procedures.
Operations
Services
Fleet Access to Fleet service in the same manner and charged at the same
rate as City departments, including:
o Vehicle fueling.
o Pool vehicle rentals.
o Vehicle repair.
(CHARGED SEPARATELY)
Facilities
Access to Facilities service in the same manner and charged at the
same rate as City departments, including:
o Facility repairs.
o Preventive maintenance on HVACs, A/Cs, furnaces.
o Project management for larger projects
o Real estate services. (CHARGED SEPARATELY)
Service contacts (advice on who to call).
Environmental monitoring.
Polices
Services
Dispatch Provide dispatch services to fire, rescue, and emergency medical
services.
Maintain dispatch equipment and capital assets and administer
partnerships, such as CRISP and LETA (CHARGED
SEPARATELY)
Dispatch staffing levels shall be supplemented by the Authority by
agreement between PFA and City administrators. (CHARGED
SEPARATELY)
Information
Technology
Network
Administration
Work in close coordination with Authority IT in configuring,
maintaining and managing the Authority's data network including
network switches, routers, VPN access and wiring.
Provide internet access.
Partner with the Authority in FCPS Computer Aided Dispatch (CAD)
systems
GIS Access to City GIS programs, data and licenses.
Voice/Phone
system
Land-line phone system network and maintenance.
Server/Storage
Administration
Occasional server support.
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Application
Support
Provide application support in the same manner as provided to the
City.
CyberSecurity Provide CyberSecurity software. (CHARGED SEPARATELY)
Comm Dev
&
Neighborhoo
d Services
Capital
Expansion
Fees
Collect and maintain accounts for Capital Expansion Fees collected
from developers by the City on behalf of Authority.
Community
Services
Landscape
Maintenance
Irrigation and Landscaping at Spring Park Fire Station 3, City Park
Station 2, Remington St. PFA Headquarters.
Irrigation and Landscaping at Timberline Station 6 location according
to the intergovernmental agreement between the Authority and the
City Cemetery Division.
Tree pruning, treatment, and replacement at Authority locations within
City limits.
City Clerk Agenda
Management
Agenda Management Software. (CHARGED SEPARATELY)
City
Attorney’s
Office
TrainingLegal
Services
• Access to skill development courses including technology, leadership
and professional development classes, Access to personal
enrichment courses such as wellness classes provided on a space
available basisLegal support to City departments providing
administrative services described in this Exhibit B
Updates or changes to Fort Collins Municipal Code or related
policies or agreements tied to fire or emergency services provided
by the Authority
Municipal court or Fort Collins Municipal Code enforcement
Advising Authority staff on development review issues that arise
in the City’s development review process
Any purpose mutually agreed to by the Fire Chief and the City
Attorney, subject to the conditions described in Section 9.7 of the
Agreement
Job Posting Link from City employment web site to
Authority's employment web site
positions
Pre-employment Drug Tes ng
Deleted Cells
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EXHIBIT B
To Intergovernmental Agreement
II. Support Services Provided by the Authority to the City
Human
Resour
ces
(colt
)Depar
tment
RecordsService •
•
•Description
Per
son
nel
rec
ord
s
ma
int
en
anc
e
Em
plo
ym
ent
ver
ific
a
ons
Annual EEOC
repor ng
Emerg
ency
Manag
ement
Wellness
programsBattalion Chief
•
•
•
•
•
Provide access to City Health Fair programs
Provide annual Health Screening/Blood Draw program
to benefited employees in the same manner as
provided to City employees
Provide annual flu shots to benefited employees in the
same manner as provided to City employees
Provide office ergonomics reviews for Authority
office employees
Provide EAP services (charged)Emergency Management
services provided by the Battalion Chief for the PFA Service
Territory, including but not limited to:
Special events.
Community Wildfire Protection Plans.
Incident command (systems, planning, meetings, staffing of
command post, and grant writing), liaison and comprehensive
collaboration with Community partners, and state and federal
agencies.
Financ
e
Annual
Compre
hensive
Financi
Payroll
Administra
on
• Provide payroll services through the City's accoun ng and
payroll systemOwnership, timely completion, and
coordination with City staff on all PFA audit support required
documentation.
Deleted Cells
Deleted Cells
Inserted Cells
Deleted Cells
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Add new employees through the same
New Hire process as used for City
employees
Provide employee exit processing in the
same manner as provided for City
employees
Administer unemployment claims and
garnishments
Accounting Provide accounts payable, accounts
receivable, and purchasing cards to
Authority
Maintain files and records
Maintain asset inventory
Grant compliance
Cash management
Banking and investing Capital projects investments (fee charged)
Process Worker Comp and liability claims
to Authority insurance
Safety monitoring (atmospheric testing,
radon, etc.)
Liaison with insurance broker
al
Service
sReport
(ACFR
) audit
support
Utilization of all City-provided and/or pre-authorized
worksheets, templates, and tools for both routine and year-
end financial reporting.
Continual engagement and coordination with City staff
throughout the fiscal year and regarding all audit timelines,
PFA worksheets, and other required documentation.
Risk
Management
Risk
Management
(charged)
• Provide pointInsurance and Risk management support activities,
including:
o Coordinating with City Purchasing on workers’
compensation provider selection.
o Point of contact for citizen claims.
o Coordination of insurance renewals.
o Workers’ compensation claims & driver’s license checks and
monitoring with safety agency.
Informat
ion
Technol
ogy
IT
Analytica
l support
• Coordinate selec on of worker's comp providersPortion of dedicated
PFA position devoted to supporting the increased complexity of PFA
specific application needs.
Human
Resourc
es
Administ
rative
support
• Coordinate insurance renewals: Support and advice on Property and
Casualty andHuman Resources employment verifications and FPPA pension
files and fund transfers.
Miscella
neous
Storage Enclosed vehicle storage costs for City
vehicles at PFA facilities.
Workers'
Compensation
Insurance contract
Deleted Cells
Deleted Cells
Deleted Cells
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Second Amended and Restated Intergovernmental Agreement - Exhibit A
Page of 5
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Driver's license checks
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Item 16.
Second Amended and Restated Intergovernmental Agreement - Exhibit A
Page of 5
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EXHIBIT B
To Intergovernmental Agreement
Financial Services
(cont)
Purchasing Purchasing advice
Issuing purchase orders
REP/Bid creation and coordination
Service Agreements/Contracts
Capital Expansion Fees Collect and maintain accounts for Capital
Expansion Fees collect from developer by
the City on behalf of Authority
Annual Financial Audit
Coordination
Annual financial audit by same auditor
as contracted by the City (charged)
Operations Services: Fleet Vehicle fueling (charged)
Pool vehicle rentals (charged)
Fuel payment cards
* Vehicle repair (charged)
Facilities Facility repairs (charged)
Service contacts (advice on who to call)
Preventive maintenance on HVACs,
A/Cs, furnaces (charged)
Project management for larger projects
(charged)
Real estate services (charged)
Police Services Dispatch Dispatch consoles (charged)
Information
Technology
Network Administration Work in close coordination with Authority
IT in configuring, maintaining and
managing the Authority's data network
including network switches, routers, VPN
access and wiring
Provide internet access
Provide access to internet web email
Partner with the Authority in FCPS
Computer Aided Dispatch (CAD) systems
Connectivity to City core switch
GIS Access to City GIS programs, data
and licenses
Voice/Phone system Land-line phone system network and
maintenance
Partners in Verizon wireless purchases
Server/Storage
Administration
_
Active Directory
Authority equipment in server room
Occasional server support
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Item 16.
Second Amended and Restated Intergovernmental Agreement - Exhibit B Page of 5
5690389.1
EXHIBIT B
To Intergovernmental Agreement
Services Provided to the City of Fort Collins by Authority
Office of Emergency Management Office space for OEM
Training Center space for Emergency
Opera ons Center
Portion of funding for Emergency Manager
position
Day to day supervision of OEM func on
Meeting Rooms Access to conference rooms, community
rooms and Training Center space without
fees
Community Education Programs Support of CityWorks program with
presenters, demonstra ons, access to
Authority facili es
Par cipa on in employee Safety Fair
Other fire service educa on programs
upon request
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Item 16.
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Director, Financial Planning & Analysis
David Lenz
Second Amended and
Restated
Intergovernmental
Agreement
Establishing the
Poudre Fire Authority
September 17, 2024
Page 283
Item 16.
Headline Copy Goes HereIntergovernmental Agreement –Overview
2
Poudre Fire Authority (PFA) Established via
Intergovernmental Agreement (IGA) between the
City and Poudre Valley Fire Protection District
(PVFPD)
1981
Revenue Allocation Formula (RAF) effective1983
IGA Restated to include RAF language1987
IGA Amended and Restated to include RAF
(Exhibit A) and Support Services provided to PFA
by the City (Exhibit B)
2014
2024
•Updated Support
Services and inclusion of
costs in Exhibit B.
•Adjustments to simplify
RAF, move to actual vs.
budgeted revenue and
establish risk sharing
corridor
•Include role of
Administrators for both
parties and annual budget
adjustments
•Fix term of agreement
with re-opener provisions Page 284
Item 16.
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3
Changes to the IGA
General cleanup including legislative driven changes since 2014.
Added agreement review period of eight years.
Added the role of IGA Administrators (one each for the City and the Authority) with defined responsibilities.
Supersedes the current, separate Legal Services IGA and incorporates such services into this agreement.
Adjusted the Authority Chief’s expenditure and disposal limits.
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4
Changes to Exhibit B –Support Services Provided
Updated support services provided by the City to the Authority and added Support Services provided by the
Authority to the City.
Provided cost of these support services –the difference between the two is the net cost of services provided.
Administrators are enabled to adjust the support services provided (and cost of those services) as business
conditions and needs evolve.
Cost of Support Services will be set as part of the annual appropriation each year.
Included a provision to adjust the cost of these services annually based on a CPI Index.
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5
Changes to Exhibit A –Revenue Allocation Formula
Simplified City contribution of Sales and Use tax amounts to 13.235% of undedicated and/or legally restricted
funds.
City Property Tax contribution remains at 67.5% of operating mill levy.
City Contribution is reduced by the net cost of services provided under Exhibit B.
Sales, Use and Property Tax budgets will be set as part of the annual appropriation each year.
Monthly contributions from the City to the authority will be based on actual revenue collections.
An annual reconciliation of Budget to Actuals will occur at the end of each year. Revenue bands are
established to provide a risk sharing cap and floor:
Sales Tax: Upper band 3.0%; Lower band -2.0%
Use Tax: Upper band 6.0%; Lower band -2.0%
Property Tax: Upper band 2.0%; Lower band -2.0%
Annexations of District property into the City shall be reviewed annually with adjustments to the Sales, Use or
Property Tax contributions to insure no loss of Revenue to the Authority.
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6
Questions for Council
•What questions do Councilmembers have related to the changes to the
Intergovernmental Agreement?
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Item 16.
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Appendix
7
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8
Exhibit B: Support Services Provided
•Joint 6-month effort by PFA and City personnel to identify cost of all services
provided by both parties:
Interviews with all service areas and departments
Specific activity and expense drivers utilized
•Determine In-Kind and direct charges:
Include all in-kind charges into the Cost of services provided under Exhibit B
Move other charges to the direct bill methodology (similar to HR
Benefits/Wellness and Facilities charges)
•Deduct net shared services charges from Exhibit B from the adjusted RAF
•Adjust shared services annually by agreed upon CPI Index and/or to account for
material changes to services provided
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9
Exhibit B: Support Services Provided
Service Area Annual In-Kind Costs Annual Charged
Total Cost of
Services
Provided
Finance $182,115 $18,402 $200,517
Human Resources $145,963 $2,969,712 $3,115,675
Information Technology $191,481 $47,000 $238,481
Police - Dispatch $159,462 $207,229 $366,691
Op Services $5,390 $194,643 $200,033
All Other $43,215 $20,000 $63,215
Total $727,626 $3,456,986 $4,184,611
Cost of Support Services provided by the City to PFA
Service Annual In-Kind
Costs
Emergency Management $176,214
Finance $12,976
Risk Management $23,296
Human Resources $3,539
Information Technology $72,138
Miscellaneous $3,576
Total $291,738
Cost of Support Services provided by PFA to the City
Net Cost $435,888
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10
Exhibit A -Revenue Allocation Formula: Existing Methodology
Actual
2024 Contribution
(As of 4/22/22)
Existing Base Sales Tax 92,770,987$
Existing Base Use Tax 8,474,026$
Total Existing Base Sales & Use Tax 101,245,013$
First 1% of Existing Base Sales & Use Tax 44,997,784$
Existing Base Sales & Use Tax RAF - 29%29.0%
Existing Base Sales & Use Tax Contribution 13,049,357$
Property Tax 32,174,388$
Property Tax RAF - 67.5%67.5%
Property Tax Contribution 21,717,712$
New Base Sales Tax 24,738,930$
New Base Use Tax 2,259,740$
Total New Base Sales & Use Tax 26,998,670$
New Base Sales & Use Tax RAF - 15.6%15.6%
New Base Sales & Use Tax Contribution 4,211,793$
Total City Contribution 38,978,862$
Emergency Dispatch ($231,849)
Homelessness Support ($20,000)
Net City Contribution 38,727,013$
Adjustments for PFA Funded Position Support
1).29 of one cent of City
base sales and use tax
2)67.5 percent of the
operating mill levy of the
City’s property tax
3)Sales and use tax from
the voter approved tax
measure known as
“Keep Fort Collins
Great” (KFCG)
4)Total sales and use tax
base equals $128.2
million.
5)Total sales and use tax
contribution amount
equals $17.3 million Page 292
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11
Exhibit A -Revenue Allocation Formula: New Methodology
Simplifies the sales and use tax calculations to incorporate the Keep Fort Collins
Great (KFCG) 0.6% base rate increase
Adjusts the calculations to incorporate the new baseline of cost of services
provided
Adjusts the amount in the use tax calculation to include currently “excluded” one-
time amounts
Changes contributions to PFA to be based on actual results versus the current
budgeted amounts. This also incorporates a “risk corridor” band to share a
portion of revenue upside and limit the revenue downside related to actual results
vs. budgeted estimates.
Provides an annual true-up for the risk corridor above
Adds further definition around adjustments for future growth and annexations
Moves to an annual budget amount for sales, use and property taxes aligned
with the annual appropriated budget for these amounts.
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12
Exhibit A –New Methodology: Simplify Calculation
2024
Combined Sales and Use Tax
Total Sales Tax Base 117,509,917$
Total Use Tax Base 10,733,766$
Total Sales and Use Tax Base 128,243,683$ (A)
Total Sales and Use Tax Contribution 17,261,150$ (B)
Calculated Contribution Rate 13.460%(C)
Using the 2024 actual Sales and Use tax base, and the sales and use tax
contribution, we can calculate a combined new contribution percentage
(B divided by A equals C).
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Exhibit A –New Methodology: Increase Contribution to cover costs
The total tax contribution is increased by net costs of shared service net
costs add the net cost of services provided to get the new contribution
amount (A plus B equals C).
2024 2025 2026
Total Tax Contribution 17,261,150$ 18,383,050$ 18,891,202$ (A)
Additional Contribution to Cover Cost Allocation -$ 435,888$ 435,888$ (B)
Total Contribution after Cost Allocation 17,261,150$ 18,818,938$ 19,327,089$ (C)
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Exhibit A –New Methodology: Recalculate Contribution Percent
Currently “excluded” one-time amounts are added to the use tax base (D) to calculate the total sales
and use tax base (E). The new updated percentage amount is calculated using the previously
determined contribution amount by the total base sales and use tax (F divided by E equals G).
For simplification and some slight rounding differences, we use a blended rate of the 2025 and 2026
years (H) as the calculation rate to determine the final Sales and Use Tax Contribution (I).
2024 2025 2026
Combined Sales and Use Tax - New Calculated %
Total Sales Tax Base 117,509,917$ 125,845,203$ 129,620,574$
Total Use Tax Base 10,733,766$ 16,379,311$ 16,379,311$ (D)
Total Sales and Use Tax Base 128,243,683$ 142,224,514$ 145,999,885$ (E)
Total Sales and Use Tax Contribution 17,261,150$ 18,818,938$ 19,327,089$ (F)
Calculated Contribution Rate 13.460%13.232%13.238%(G)
Average of 2025 and 2026 N/A 13.235%13.235%(H)
Total Sales and Use Tax Contribution with Avg Rate 18,823,414$ 19,323,085$ (I)
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15
Exhibit A: Existing vs. New Methodology
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16
Exhibit A: New Methodology –Risk Sharing
Currently, the contribution amounts that are provided by the City to PFA are set every two years
based on City’s biennial budgeting process.
The City’s budgeting process has a conservative bias, as it should based on the need to “protect for
the downside”. If we look at the average variance of budget vs. actual for the three tax categories
since 2003, we see the following variation patterns:
Actual vs. Budget
Annual Average
Variance (%)
Number of
years
Average
Variance
Number of
years
Average
Variance
Sales Tax 2.4%11 5.4%10 -2.0%
Use Tax 14.1%16 18.5%5 -5.4%
Property Tax 0.4%11 2.3%10 -1.7%
Actual Exceeds Budget Budget Exceeds Actual
2003 - 2023
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17
Exhibit A: New Methodology –Risk Sharing
The proposed RAF adjustment puts in place a cap and floor on the percentage variation from budget
that PFA receives from the City. The following are the proposed risk sharing bands for each tax.
If a tax amount received is above or below the annual cap or floor, an adjustment will be made at year end to
adjust for the excess (or shortage) to bring the annual contribution back to the band percentage amount.
Upper Band
(% above
Budget)
Lower Band
(% below
Budget)
Sales Tax 3.0%-2.0%
Use Tax 6.0%-2.0%
Property Tax 2.0%-2.0%
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Item 16.