HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/17/2024Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, December 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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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 8 City Council Summary Agenda
City Council
Regular Meeting Agenda
December 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
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
None scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
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City of Fort Collins Page 2 of 8
• 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 December 3, 2024 Regular meeting.
The purpose of this item is to approve the minutes of the December 3, 2024 Regular meeting.
2. Second Reading of Ordinance No. 175, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Lincoln Center’s Various Programs and Services as
Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
$33,266.00 for the Lincoln Center in philanthropic revenue received by City Give. These charitable
gifts are aligned with both the City’s strategic priorities and the respective donors’ designation.
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City of Fort Collins Page 3 of 8
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.
3. Second Reading of Ordinance No. 176, 2024, Making a Supplemental Appropriation of
Additional Revenue and Appropriating Prior Year Reserves in the Self Insurance Fund for
Unanticipated Insurance Expenses.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
$462,711 in the City’s Self Insurance Fund to be used for unanticipated increases in fourth quarter
insurance premiums and various forecasted claim payments.
4. Second Reading of Ordinance No. 177, 2024, Making a Supplemental Appropriation of
Additional Revenue Received in the Benefits Fund for the City’s Medical, Dental, and Life
Insurance Plans.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
$1,137,041 from unanticipated revenue collected in the Benefits Fund to cover Medical/Dental
claims and various Life Insurance premium expenses that could potentially exceed 2024
budgeted appropriations.
The City’s Benefits Plan is a self-funded health plan in which premiums collected from both
employees and employers are recorded as revenue in the Benefits Fund to pay for plan
administration, medical/dental claims, and insurance premiums. As such, this is a self -funded
appropriation request requiring no use of reserves.
5. Second Reading of Ordinance No. 178, 2024, Making a Supplemental Appropriation of
Funds Received from the Edward Byrne Memorial Justice Assistance Grant Program for
Fort Collins Police Services.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, supports Fort
Collins Police Services in work performed as a member of the Northern Colorado Drug Task
Force.
The Northern Colorado Drug Task Force is managed by Larimer County Sheriff Department, with
both Fort Collins Police Services and Loveland Police being members. These member agencies
support a broad range of activities to prevent and control drug-related crimes.
In 2022, Larimer County applied for and was awarded $53,616 through the Edward Byrne
Memorial Justice Assistance Grant (JAG) program in support of operating the Northern Colorado
Drug Task Force (Attachment 3). In 2024, the City of Fort Collins, City of Loveland and Larimer
County entered an intergovernmental agreement (Attachment 2), demonstrating the allocation of
the $53,616 awarded under JAG in support of the Northern Colorado Drug Task Force. Fort
Collins Police Services received $16,313. to support personnel costs and other operating costs
directly attributed to the Northern Colorado Drug Task Force.
6. Second Reading of Ordinance No. 179, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Unanticipated Revenue and Authorizing Transfers of Appropriations
for the Licensing Permitting and Code Enforcement System.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, implements and
modernizes a new licensing, permitting, and code enforcement system. The existing funding for
this project was originally allocated as part of the 2023/2024 Budget Cycle's 'Digital
Transformation' initiative.
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City of Fort Collins Page 4 of 8
After an almost two-year procurement process, the City has selected Tyler Technologies (Tyler)
as the ‘Vendor of Choice’ (VOC) and is currently in contract negotiation. This appropriation
request will provide the anticipated funding needed for software deployment, testing, training,
temporary staffing backfill and organizational change management.
The total amount being requested is approximately $4M. This includes:
• Software as a Service 19-month Implementation
• Software as a Service two-year Subscription Costs
• City Staff Backfill for two-year Implementation
• Third Party Professional Implementation Services
• Change Management
With this appropriation, the project implementation will begin during the first quart er of 2025 and
is anticipated be fully operational by Fall of 2026.
The new system is expected to modernize current business processes, improve efficiency, reduce
errors, enhance customer experience, and save staff and customer time.
7. Items Relating to Amending Chapter 17 of City Code to Align with State Statutes.
A. Second Reading of Ordinance No. 180, 2024, Amending Section 17-1 of the Code of the City
of Fort Collins to Add Definitions of “Deadly Weapon” and “Firearm”.
B. Second Reading of Ordinance No. 181, 2024, Amending Section 17-124(3) of the Code of
the City of Fort Collins to Comport with State Law Regarding Disorderly Conduct.
C. Second Reading of Ordinance No. 182, 2024, Amending Section 17-126(a)(4) of the Code of
the City of Fort Collins to Remove the Phrase “Intended to Harass” and Amend “He or She” to
“Them”.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, updates the City
Code in order to align with State statute and recent case law.
8. Second Reading of Ordinance No. 183, 2024, Declaring a Portion of City-Owned Property
at Schoolside Park as Public Right of Way.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, declares 0.141
acres (the “ROW Parcel”), more or less, being a portion of City property presently known as
Schoolside Park as public right of way for South Timberline Road and related improvements,
including public utilities, pedestrian, transit, and bicycle access and improvements, and
landscaping.
The ROW Parcel was part of the Timberline Road Widening Project, which was completed earlier
this year. It is now necessary to file formal documentation declaring the ROW Parcel as a public
right of way because the approval of Schoolside Park, which is currently in the final phase of the
Building Development Review process, requires that this right-of-way be declared.
9. Second Reading of Ordinance No. 184, 2024, Authorizing the Conveyance of a Permanent
Waterline Easement on Cathy Fromme Prairie Natural Area to the Fort Collins-Loveland
Water District.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, seeks
authorization to approve the conveyance of a permanent waterline easement to Fort Collins-
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City of Fort Collins Page 5 of 8
Loveland Water District (FCLWD) on 0.089 acres in the southwestern corner of Cathy Fromme
Prairie Natural Area. FCLWD intends to construct a six million (6,000,000) gallon tank on Larimer
County’s landfill property and a 30” feeder waterline to increase reliability and resilience of
FCLWD’s existing facilities. The 30” waterline will run east from the new tank and connect in with
an existing 36” waterline that runs north-south along Cathy Fromme’s western boundary. The
project has been processed through Fort Collins’ 1041 permit procedures and was issued a
Finding of No Significant Impact (FONSI).
10. Second Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, adopts the 2025
Larimer County Regional Transportation Capital Expansion Fee Schedule.
11. Second Reading of Ordinance No. 186, 2024, Appropriating Prior Year Reserves in the
Water Fund and the Wastewater Fund for the Transfer of Fleet Vehicles Between the Water
and Wastewater Utilities.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates prior
year reserves in the Water and Wastewater Funds to purchase fleet equipment at fair market
value between Operational Divisions of the Water Field Operations Department.
12. Second Reading of Ordinance No. 187, 2024, Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Salary of the City Manager.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code
to establish the 2025 salary of the City Manager. Council met in executive session on November
26, 2024, to conduct the performance review of Kelly DiMartino, City Manager, and to consider
the salary market analysis for this position.
13. Second Reading of Ordinance No. 188, 2024, Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Salary of the Chief Judge.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code
to establish the 2025 compensation of the Chief Judge. A new two-year agreement for her
employment was also adopted by Resolution 2024-142. Council met in executive session on
November 26, 2024, to conduct the performance review of Jill Hueser, Chief Judge, and to
consider the salary market analysis for this position.
14. Second Reading of Ordinance No. 189, 2024, Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Salary of the City Attorney.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code
to establish the 2025 compensation of the City Attorney. Council met in executive session on
November 26, 2024, to conduct the performance review of Carrie Daggett, City Attorney and to
consider the salary market analysis for this position.
15. Resolution 2024-143 Approving the Design, Creation and Installation of Public Art at the I-
25 and Prospect Interchange.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the I-25 and Prospect Interchange Project. The
expenditure of $64,500 will be for design, engineering, materials, signage, fabrication, delivery,
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City of Fort Collins Page 6 of 8
installation, and contingency for Stephen Shachtman to create the artworks for the I-25 and
Prospect Interchange Project.
16. Resolution 2024-144 Approving the Design, Creation and Installation of Public Art at the
Power Trail and Harmony Road Crossing.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the Power Trail and Harm ony Road Crossing
Project. The expenditure of $50,000 will be for design, engineering, materials, signage,
fabrication, delivery, installation, and contingency for Todd Kundla to create the artworks for the
Power Trail and Harmony Road Crossing Project.
17. Resolution 2024-145 Approving Expenditures from the Art in Public Places Stormwater
and Water Utility Accounts to Commission an Artist to Create Art for the City’s Utilities.
The purpose of this item is to approve expenditures from the Art in Public Places Stormwater
Utility and Water Accounts to commission an artist to create art for the Oak Street Stormwater
Improvements Project. The expenditure of $155,000 will be for design, engineering, materials,
signage, fabrication, delivery, installation, and contingency for Mark Aeling to create the artworks
for the Oak Street Stormwater Improvements Project.
18. Resolution 2024-146 Concerning Implementation of Standards Created by Amendments to
the Public Utility Regulatory Policies Act of 1978 by the Infrastructure Investment and Jobs
Act (“IIJA”).
The purpose of this item is to present for Council consideration the recommendation from the City
electric utility and the Energy Board, not to adopt the new revisions to the Public Utility Regulatory
Policies Act of 1978 (PURPA) into the electric utility polices. Light & Power (L&P) is a
“nonregulated utility” under PURPA, and can make a determination whether or not to implement
the amended PURPA standards or establish a rule that differs from the standards. A complete
review and evaluation of amended PUPRA standards has been completed and the findings
support the recommendation not to adopt the amended PURPA standards. Staff is recommending
Council adopt the written determinations made by Utility staff establishing local standards that
differ from the amended PURPA standards.
19. Resolution 2024-147 Adopting the 2024 Three-Mile Plan Update for the City of Fort Collins.
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort
Collins. The Three-Mile Plan is a reference document of plans and policies coordinating the
general location, character, infrastructure, and land uses for areas of potential annexation within
three miles of the municipal boundary.
An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and highlights
applicable plans and policies adopted or amended by Council over the preceding year.
20. Resolution 2024-148 Adopting Amended Rules of Procedure Governing the Conduct of
City Council Meetings and Council Work Sessions.
The purpose of this item is to consider an update to the Council Meeting Rules of Procedure.
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City of Fort Collins Page 7 of 8
21. Resolution 2024-149 Supporting Grant Application for Local Match Funding in Support of
the Midtown Central Corridor Project.
The purpose of this item is to obtain support for the City to apply for the non-federal match
requirement included in the Department of Transportation’s FY2025 Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) discretionary grant program.
22. Resolution 2024-150 Approving an Exemption to the Competitive Purchasing Process to
Procure Professional Services from Park Consulting Group.
The purpose of this item is to request an exception to the use of a competitive purchasing process
to enter into a professional services agreement with Park Consulting Group to support the
implementation of the new Licensing, Permitting, and Code Enforcement (LPCE) system. The
Park Consulting Group is uniquely qualified to provide the services.
Exception to the Competitive Bid or Proposal Rationale:
Code Section 8-161(d)(1)(a). There exists only one (1) responsible source.
23. Resolution 2024-151 Making an Appointment to the Board of the Downtown Development
Authority.
The purpose of this item is to fill a vacancy that currently exists as of October 15, 2024.
24. Resolution 2024-152 Making an Appointment to the Board of Directors of Housing Catalyst.
The purpose of this item is to fill one of two vacancies that will exist as of December 31, 2024.
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
None scheduled.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) OTHER BUSINESS
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City of Fort Collins Page 8 of 8
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. “I move 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(4)(b)
for the purpose of discussing with the City’s attorneys and appropriate management
staff the following:
1. specific legal questions related to the police liability litigation; and
2. the manner in which the provisions of the City Charter may be affected by existing
or proposed provisions of federal, state or local law.”
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:
1. Consideration and Approval of the Minutes of the December 3, 2024 Regular meeting.
The purpose of this item is to approve the minutes of the December 3, 2024 Regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 3, 2024 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the December 3, 2024 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, December 3, 2024
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Item 1.
City of Fort Collins Page 1 City Council Proceedings
December 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 December 10, 2024 as Human Rights Day.
PP 2. Declaring December 7, 2024 as CHSAA Championship Saturday.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:01 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
Councilmember Julie Pignataro
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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Item 1.
City of Fort Collins Page 2 City Council Proceedings
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No changes to the published agenda.
Recommending approval of the Consent Agenda as presented.
Five items on Discussion Agenda.
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.)
Jonah Salehi, DSA Fort Collins, spoke in support of the City Manager recognizing the Connexion
Workers Coalition and spoke about a related petition which has gathered 300 signatures. Salehi read
quotes from community members in support of the union.
Christina Swope, DSA Fort Collins, spoke in support of the City Manager recognizing the Connexion
Workers Coalition and shared frustration about the City Manager not doing this despite the wage that
she receives. Swope stated small, local governments must remain trustworthy and democracy must
be strengthened through worker empowerment.
Trevor Rothanzl, CSU union steward, spoke in support of the City Manager recognizing the Connexion
Workers Coalition and shared the benefits of being part of a union.
Nicholas Sahwin, Connexion worker and organizer of the Connexion Workers Coalition, read from the
City’s mission and vision, and stated Connexion Managers are not operating according to City values.
Sahwin shared frustration about the lack of a work-life balance and requested Council consider the
demands in the union petition and to agree to them so Connexion can continue to provide exceptional
service to the community.
Alex Scott spoke in favor of a ceasefire related to the Gaza conflict. He shared information from various
sources related to the mistreatment of detainees.
Kimberly Conner shared support for the Connexion Workers Coalition. Conner urged Council to adopt
a ceasefire resolution related to the Gaza conflict and provided information about a recent court ruling
related to war crimes. Conner provided a video from a special committee report related to an
investigation of Israeli practices.
Casey Johns spoke in support of the Connexion Workers Coalition and expressed frustration that the
City would not recognize it stating that goes against the City’s values of partnership and integrity.
Donnie Buchanan, CSU student, urged Council to require the City Manager to recognize the Connexion
Workers Coalition. Buchanan referred to City priorities related to improving the employee experience
at the City.
Evan Stafford stated the City owns and operates a diversion dam near Gateway Park and stated it is
dangerous and has blocked aquatic connectivity and water recreation. Stafford stated the City is
currently involved in a project that would allow for fish passage at the diversion dam as a mitigation for
the Halligan Reservoir expansion and encouraged the City to increase the scope of this project to
enable boat passage.
Kaori Keyser noted she is a Connexion customer and is disappointed that the City Manager would not
recognize the Workers Coalition which does not fit with the City’s goals of attracting diverse and top
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talent. Keyser spoke about Connexion employees not being empowered and stated they want to have
their voices heard. She questioned why the City recognizes the Police union but not this union.
Kyle Johnson, owner of a local rafting company, spoke about the Gateway Diversion Dam project and
encouraged increasing the project’s scope to include recreational bypass as part of the mitigation plan
for the Halligan project. Johnson requested Council and staff follow up on work that has already been
done and urged Council to move forward with a policy decision related to this.
Jeremiah (no last name given) spoke in support of recognizing the Connexion Workers Coalition stating
it is important for the City to lead the way when it comes to labor, which is even more important now
given the uncertainty that exists at the federal level.
Michael May expressed frustration with the City Manager’s choice not to recognize the Connexion
Workers Coalition. May discussed consultant fees spent by the City related to providing an alternative
to unions and suggested the funds could have been better spent on addressing worker concerns.
Greg Zoda, DSA Fort Collins, stated working class voters are dropping out of the political process and
stated there are robust statistics that unions strengthen the likelihood of workers to believe in important
democratic institutions. Zoda urged Council to approve the Connexion Workers Union.
Beth (no last name given) commented on the importance of having City-owned internet and stated that
recognizing the Workers Coalition provides an opportunity for the City to support these workers. Beth
commented on the disparity between the City Manager’s compensation and that of Connexion
employees and spoke about the importance of integrity, respect, and transparency.
Hillary Ping thanked Council for all it does and urged the City to approve the Connexion Workers
Coalition. Ping commented on funds being spent on anti-union legal counsel and commented on
studies showing unionized workplaces are more efficient, safer, and experience lower turnover. Ping
urged the City to recognize the union and be better stewards of taxpayer dollars.
Adam Hirschhorn provided a video of a federal press conference in Berlin related to the Gaza conflict
and urged Council to adopt a ceasefire resolution.
Richard Viktorin noted he was before Council a couple of months ago related to his assault case and
stated he has since received information from the Police Department. Viktorin stated the person who
assaulted him was not charged and was hardly investigated. He stated he was not trespassing, and
his daughter should be interviewed to verify that. He expressed frustration about biases in the Police
report and stated he has been issued a summons for trespassing.
Kevin Caffrey spoke in support of the Connexion Workers Coalition and commented on the importance
of paying livable wages to workers who do excellent work. Caffrey commented on the Police union
which he stated shows the City understands unions.
August-Carter Nelson, DSA Fort Collins, expressed frustration with the City’s failure to recognize the
Connexion Workers Coalition and commented on the City believing in investing in Connexion.
Julie Hartung expressed frustration with the City not supporting the Connexion Workers Coalition and
urged Council to work with the City Manager to recognize the union.
Public comment concluded at 6:58 p.m.
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H) PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy thanked those who spoke and stated she is looking forward to receiving
additional information regarding the Gateway recreational bypass. She noted she is a public educator
and has always been a union member. She stated she is taking in good faith that the City is not
engaging in explicit union busting activities but is rather navigating the newly adopted PROPWA law.
She stated she would like to see the referenced petition and requested information on how union
efforts have evolved in other municipalities.
Councilmember Pignataro noted she had discussed the Gateway project with Deputy City Manager
Marr and stated the City sees the value in the recreational bypass; however, there are concerns that
changing the structure of the diversion dam could compromise the forward momentum of the Halligan
project.
Deputy City Manager Marr confirmed Councilmember Pignataro’s statement and noted the fish
passage is part of the state-approved fish and wildlife mitigation and enhancement plan and modifying
that to include boat passage places some uncertainty into the Halligan schedule, in part because there
is not fully identified funding. He stated it is not currently staff’s recommendation to pursue a
modification to the mitigation plan but noted staff could confirm whether a recreation bypass
modification would compromise the project schedule.
Councilmember Pignataro suggested it could be helpful for staff to put together a memo that
addresses the questions regarding the Connexion Workers Coalition. She noted the topic is still being
discussed.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the November 6, 2024 Special Meeting,
November 19, 2024, Regular Meeting and November 26, 2024 Adjourned Meeting.
The purpose of this item is to approve the minutes of the November 6, 2024 Special meeting,
November 19, 2024, Regular meeting and November 26, 2024 Adjourned meeting.
Approved.
2. Second Reading of Ordinance No. 169, 2024, Appropriating Unanticipated 2024 Revenue
in the Recreation Fund to Support Increased Recreation Expenses.
This Ordinance, unanimously adopted on First Reading on November 19, 2024, appropriates
$600,000 of unanticipated revenue in 2024 from the Recreation Fund to support expenses related
to higher participation rates than anticipated during the 2023-2024 Budgeting for Outcomes cycle.
Adopted on Second Reading.
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City of Fort Collins Page 5 City Council Proceedings
3. Second Reading of Ordinance No. 170, 2024, Making a Supplemental Appropriation of
Additional Revenue Received by the Forestry Division to be used for Various Programs
and Services.
This Ordinance, unanimously adopted on First Reading on November 19, 2024, appropriates
$73,902 in unanticipated revenue in 2024 received via various programs and services by the
Forestry Division, Community Services.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 171, 2024, Authorizing the Extension of the Contract
Term with Otak, Inc. for the Power Trail and Harmony Road Grade Separated Crossing
Project for Not More Than Ten Years.
This Ordinance, unanimously adopted on First Reading on November 19, 2024, extends the
contract term with Otak, Inc. for the Power Trail and Harmony Road Grade Separated Crossing
Project (the “Project”) for a period greater than five years not to exceed a total of ten years.
Adopted on Second Reading.
5. First Reading of Ordinance No. 175, 2024, Appropriating Philanthropic Revenue Received
by City Give for the Lincoln Center’s Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $33,266.00 for the Lincoln Center in
philanthropic revenue received by City Give. These charitable gifts 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.
6. First Reading of Ordinance No. 176, 2024, Making a Supplemental Appropriation of
Additional Revenue and Appropriating Prior Year Reserves in the Self Insurance Fund for
Unanticipated Insurance Expenses.
The purpose of this item is to request additional appropriation of $462,711 in the City’s Self
Insurance Fund to be used for unanticipated increases in fourth quarter insurance premiums and
various forecasted claim payments.
Adopted on First Reading.
7. First Reading of Ordinance No. 177, 2024, Making a Supplemental Appropriation of
Additional Revenue Received in the Benefits Fund for the City’s Medical, Dental, and Life
Insurance Plans.
The purpose of this item is to appropriate $1,137,041 from unanticipated revenue collected in the
Benefits Fund to cover Medical/Dental claims and various Life Insurance premium expenses that
could potentially exceed 2024 budgeted appropriations.
The City’s Benefits Plan is a self-funded health plan in which premiums collected from both
employees and employers are recorded as revenue in the Benefits Fund to pay for plan
administration, medical/dental claims, and insurance premiums. As such, this is a self-funded
appropriation request requiring no use of reserves.
Adopted on First Reading.
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Item 1.
City of Fort Collins Page 6 City Council Proceedings
8. First Reading of Ordinance No. 178, 2024, Making a Supplemental Appropriation of Funds
Received from the Edward Byrne Memorial Justice Assistance Grant Program for Fort
Collins Police Services.
The purpose of this item is to support Fort Collins Police Services in work performed as a member
of the Northern Colorado Drug Task Force.
The Northern Colorado Drug Task Force is managed by the Larimer County Sheriff Department,
with both Fort Collins Police Services and Loveland Police being members. These member
agencies support a broad range of activities to prevent and control drug -related crimes.
In 2022, Larimer County applied for and was awarded $53,616 through the Edward Byrne
Memorial Justice Assistance Grant (JAG) program in support of operating the Northern Colorado
Drug Task Force (Attachment 3). In 2024, the City of Fort Collins, City of Loveland and Larimer
County entered an intergovernmental agreement (Attachment 2), demonstrating the allocation of
the $53,616 awarded under JAG in support of the Northern Colorado Drug Task Force. Fort
Collins Police Services received $16,313. to support personnel costs and other operating costs
directly attributed to the Northern Colorado Drug Task Force.
Adopted on First Reading.
9. First Reading of Ordinance No. 179, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Unanticipated Revenue and Authorizing Transfers of Appropriations
for the Licensing Permitting and Code Enforcement System.
An appropriation ordinance is being brought for Council consideration by Planning, Development,
and Transportation Services to implement and modernize a new licensing, permitting, and code
enforcement system. The existing funding for this project was originally allocated as part of the
2023/2024 Budget Cycle's 'Digital Transformation' initiative.
After an almost two-year procurement process, the City has selected Tyler Technologies (Tyler)
as the ‘Vendor of Choice’ (VOC) and is currently in contract negotiation. This appropriation
request will provide the anticipated funding needed for software deployment, testing, training,
temporary staffing backfill and organizational change management.
The total amount being requested is approximately $4M. This includes:
• Software as a Service 19-month Implementation
• Software as a Service two-year Subscription Costs
• City Staff Backfill for two-year Implementation
• Third Party Professional Implementation Services
• Change Management
With this appropriation, the project implementation will begin during the first quarter of 2025 and
is anticipated be fully operational by Fall of 2026.
The new system is expected to modernize current business processes, improve efficiency, reduce
errors, enhance customer experience, and save staff and customer time.
Adopted on First Reading.
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City of Fort Collins Page 7 City Council Proceedings
10. Items Relating to Amending Chapter 17 of City Code to Align with State Statutes.
A. First Reading of Ordinance No. 180, 2024, Amending Section 17-1 of the Code of the City of
Fort Collins to Add Definitions of “Deadly Weapon” and “Firearm”.
B. First Reading of Ordinance No. 181, 2024, Amending Section 17-124(3) of the Code of the
City of Fort Colins to Comport with State Law Regarding Disorderly Conduct.
C. First Reading of Ordinance No. 182, 2024, Amending Section 17-126(a)(4) of the Code of the
City of Fort Collins to Remove the Phrase “Intended to Harass” and Amend “He or She” to “Them”.
The purpose of this item is to update the City Code in order to align with State statute and recent
case law.
Adopted on First Reading.
11. First Reading of Ordinance No. 183, 2024, Declaring a Portion of City-Owned Property at
Schoolside Park as Public Right of Way.
The purpose of this item is to declare 0.141 acres (the “ROW Parcel”), more or less, being a
portion of City property presently known as Schoolside Park as public right of way for South
Timberline Road and related improvements, including public utilities, pedestrian, transit, and
bicycle access and improvements, and landscaping.
The ROW Parcel was part of the Timberline Road Widening Project, which was completed earlier
this year. It is now necessary to file formal documentation declaring the ROW Parcel as a public
right of way because the approval of Schoolside Park, which is currently in the final phase of the
Building Development Review process, requires that this right-of-way be declared.
Adopted on First Reading.
12. First Reading of Ordinance No. 184, 2024, Authorizing the Conveyance of a Permanent
Waterline Easement on Cathy Fromme Prairie Natural Area to the Fort Collins-Loveland
Water District.
The purpose of this item is to seek authorization to approve the conveyance of a permanent
waterline easement to Fort Collins-Loveland Water District (FCLWD) on 0.089 acres in the
southwestern corner of Cathy Fromme Prairie Natural Area. FCLWD intends to construct a six
million (6,000,000) gallon tank on Larimer County’s landfill property and a 30” feeder waterline to
increase reliability and resilience of FCLWD’s existing facilities. The 30” waterline will run east
from the new tank and connect in with an existing 36” waterline that runs north-south along Cathy
Fromme’s western boundary. The project has been processed through Fort Collins’ 1041 permit
procedures and was issued a Finding of No Significant Impact (FONSI).
Adopted on First Reading.
13. First Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
The purpose of this item is to adopt the 2025 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
Adopted on First Reading.
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City of Fort Collins Page 8 City Council Proceedings
14. First Reading of Ordinance No. 186, 2024, Appropriating Prior Year Reserves in the Water
Fund and the Wastewater Fund for the Transfer of Fleet Vehicles Between the Water and
Wastewater Utilities.
The purpose of this item is to appropriate prior year reserves in the Water and Wastewater Funds
to purchase fleet equipment at fair market value between Operational Divisions of the Water Field
Operations Department.
Adopted on First Reading.
15. Resolution 2024-138 Authorizing the Execution of Intergovernmental Agreements Between
the City of Fort Collins and the Fort Collins-Loveland Water District for the Purchase of
Water Service for the Future Schoolside Park Property.
The purpose of this item is to authorize the City Manager to sign agreements between the City
and the Fort Collins-Loveland Water District (FCLWD) for the purchase of two water taps for the
future Schoolside Park property. Appropriated funds from 2023 and 2024 BFO cycles have been
budgeted for the purchase a 1 ½” irrigation water tap and a ¾” commercial water tap from the
FCLWD for the future Schoolside Park Project on South Timberline Road. FCLWD is the only
available water provider for this park site.
Adopted.
16. Resolution 2024-139 Appointing One Board Member to the Boxelder Basin Regional
Stormwater Authority Board of Directors as the City and County Jointly Selected Board
Director.
The purpose of this item is to consider making one joint appointment to the Board of Directors of
the Boxelder Basin Regional Stormwater Authority.
Adopted.
17. Resolution 2024-140 Adopting Findings of Fact in Support of the City Council’s Decision
Overturning the Historic Preservation Commission Denial of a Certificate of
Appropriateness to Replace Upper Story Windows on the Fort Collins Landmark at 201
Linden Street.
The purpose of this item is to make findings of fact and conclusions regarding City Council’s
decision at the November 19, 2024, 201 Linden Street appeal hearing overturning the Historic
Preservation Commission (“Commission”) denial of a certificate of appropriateness to allow the
replacement of the upper story windows on the historic landmark at 201 Linden Street (the
"Property”). The City Council concluded the Commission failed to properly interpret and apply the
U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Old Town
Historic District Design Standards and thereby overturned the Commission’s August 21, 2024,
denial of a certificate of appropriateness.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to approve the
recommended actions on items 1-17 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Page 18
Item 1.
City of Fort Collins Page 9 City Council Proceedings
Councilmember Ohlson commended the staff report for Item No. 12, First Reading of Ordinance No.
184, 2024, Authorizing the Conveyance of a Permanent Waterline Easement on Cathy Fromme Prairie
Natural Area to the Fort Collins-Loveland Water District, but noted the environmental impacts section
omitted the fact that many prairie dogs will be killed.
Councilmember Ohlson noted the number of vehicles purchased by the City during each budget
session always adds up to be a large dollar amount. He commended the operational planning and
efficiency related to Item No. 14, First Reading of Ordinance No. 186, 2024, Appropriating Prior Year
Reserves in the Water Fund and the Wastewater Fund for the Transfer of Fleet Vehicles Between the
Water and Wastewater Utilities.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Clarified that she supports water fluoridation despite not commenting at the last business meeting.
Council meeting with ASCSU members for roundtable discussions on a variety of issues of interest
to the student population.
Mayor Jeni Arndt
Commended the annual Thanksgiving Day Run event.
Clerk’s Note: Mayor Arndt called for a break at 7:12 p.m., noting the meeting would resume at 7:28
p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
18. Items Related to Amending City Code to Adjust the Following Fees: Capital Expansion
Fees; Transportation Expansion Fee; Electric Capacity Fee; and Stormwater Plant
Investment Fee.
A. Second Reading of Ordinance No. 172, 2024, Amending Chapter 7.5 of the Code of the City
of Fort Collins to revise the Capital Expansion Fees and Transportation Expansion Fee.
B. Second Reading of Ordinance No. 173, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 174, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
Ordinance No. 172 was adopted by a 6-1 (Nay: Ohlson) vote on First Reading and Ordinances
No. 173 and 174, 2024 were unanimously adopted on First Reading on November 19, 2024. The
Ordinances make adjustments effective January 1, 2025, associated with the City’s Capital
Expansion Fees, Transportation Expansion Fees, Electric Capacity Fees and Stormwater Plant
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Item 1.
City of Fort Collins Page 10 City Council Proceedings
Investment Fees. Along with updating Electric Capacity Fee tables in City Code, staff is proposing
language clarifications related to costs included in the fee calculation.
On First Reading, Council approved inflation-based increases (presented as Alternative #2) in
Ordinance No. 172, and asked staff to present information at a future work session about
exploration of ways to approach future Impact Fee calculations and the City’s policies and
programs regarding Impact Fees and housing affordability.
After First Reading of Ordinance No. 172, 2024, three typographical errors were discovered in
Sections 7.5-28, Section 7.5-29 and Section 7.5-32 (Sections 3, 4, and 7 of the Ordinance). The
corrections are shown on the Ordinance for Second Reading.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Ohlson noted he was the one who opposed Ordinance No. 172 and stated he
would have preferred to keep the standard agreed upon way of doing things until it was decided
when to make changes. However, he fully supported Council’s right to do things differently.
Regarding Item No. 13, First Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer
County Regional Transportation Capital Expansion Fee Schedule, Councilmember Ohlson noted
the calculated increase to the regional transportation fee considered by Larimer County was
17.2% and they ended up at 10%. He asked what percentage the City utilized. Travis Storin,
Chief Financial Officer, replied that the City’s transportation capital expansion fee inflation number
was 1.9% and noted the County uses a 2-year rolling window. He noted the two entities will
eventually become more aligned on values and that the City had already captured some of the
higher inflation figures from 2021 and 2022. Councilmember Ohlson requested the City consider
also using a 2-year rolling window.
Councilmember Ohlson asked approximately how much money the City lost last year by raising
fees by inflation rather than by the formula passed by previous Councils, and how much will not
be captured next year. Storin replied the inflation only option will result in about a $1 million loss
annually across the six fee categories.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Ordinance No. 172, 2024, Amending Chapter 7.5 of the Code of the City of Fort Collins to
revise the Capital Expansion Fees and Transportation Expansion Fee, on Second Reading.
The motion carried 6-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, and Potyondy.
Nays: Councilmember Ohlson.
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to adopt Ordinance
No. 173, 2024, Amending Chapter 26 of the Code of the City of Fort Collins Regarding
Calculation and Collection of Development Fees Imposed for the Construction of New or
Modified Electric Service Connections, on Second Reading.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
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Item 1.
City of Fort Collins Page 11 City Council Proceedings
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 174, 2024, Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Stormwater Plant Investment Fees, on Second Reading.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
City Manager DiMartino recognized Travis Storin and this being his last meeting. The Mayor
suspended the rules to allow for applause.
19. Resolution 2024-141, Approving a Three-Year Collective Bargaining Agreement with the
Northern Colorado Lodge #3 of the Fraternal Order of Police.
The purpose of this item is to approve a bargaining agreement between the City and the Northern
Colorado Lodge #3, Colorado Fraternal Order of Police (FOP), and authorize execution of such
agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged
in negotiations regarding the terms and conditions of a possible bargaining agreement for 2025,
2026, and 2027. City staff and the FOP have tentatively reached an agreement. Fraternal Order
of Police members plan to vote to ratify the proposed contract on December 2, 2024, and staff
will provide the Council with those results.
Tyler Marr, Deputy City Manager, noted voters approved collective bargaining with the bargaining
unit from Police Services in 2004 and the current three-year agreement expires at the end of the
year. Marr noted a tentative agreement has been reached on a contract for an additional three
years, which is the maximum allowed by the voter-approved ordinance. He noted the FOP has
approved the agreement with 89% approval and discussed the considerations used for
developing the agreement and contract. He noted the biggest change in the contract involves
market-competitive increases to the City’s retirement contribution for officers and stated the
overall increase for the City is $710,000 over the three years of the contract.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro thanked all who were involved in the negotiations.
Mayor Arndt concurred and commended the work of Police Services in the community.
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to adopt Resolution
2024-141, Approving a Three-Year Collective Bargaining Agreement with the Northern
Colorado Lodge #3 of the Fraternal Order of Police.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
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City of Fort Collins Page 12 City Council Proceedings
20. First Reading of Ordinance No. 187, 2024, Amending Section 2-596 of the Code of the City
of Fort Collins and Setting the Salary of the City Manager.
The purpose of this item is to amend City Code to establish the 2025 salary of the City Manager.
Council met in executive session on November 26, 2024, to conduct the performance review of
Kelly DiMartino, City Manager, and to consider the salary market analysis for this position.
Teresa Roche, Human Resources Executive, commented on competitive movement regionally
and discussed the newly emerging practice of offering retention bonuses. Roche provided a
recommendation of a 5% salary increase for the City Manager.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Mayor Pro Tem Francis thanked all the direct reports for their efforts in running the City. She
thanked each for their partnership in making the organization what it is.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Ordinance No. 187, 2024, Amending Section 2-596 of the Code of the City of Fort Collins
and Setting the Salary of the City Manager to $330,736, on First Reading.
Councilmember Pignataro thanked the direct reports as well and commented on the importance
of these positions in keeping the City running. She thanked the City Manager for her experience
and continued commitment to growth.
Councilmember Ohlson commended the direct reports and noted the evaluations involve real
discussions. He stated hiring DiMartino as City Manager was one of the best decisions he has
been a part of.
Councilmember Canonico noted Fort Collins is always held in high esteem, partly due to the
caliber of the direct reports.
Mayor Arndt thanked the direct reports for the work they do and the way they do it. She expressed
appreciation to City Manager DiMartino for her humility and the remarkable job she does.
Councilmember Gutowsky complimented the evaluation process.
Councilmember Potyondy thanked the direct reports and stated the City is fortunate to have them.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
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City of Fort Collins Page 13 City Council Proceedings
21. Items Relating to the Salary and Employment Agreement of the Chief Judge.
A. First Reading of Ordinance No. 188, 2024, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Salary of the Chief Judge.
B. Resolution 2024-142 Authorizing the Third Addendum to Chief Judge Jill Hueser’s Employment
Agreement and Appointing Her to a New Two-Year Term.
The purpose of these items is to amend City Code to establish the 2025 compensation of the
Chief Judge and to create a new two-year term for her employment. Council met in executive
session on November 26, 2024, to conduct the performance review of Jill Hueser, Chief Judge,
and to consider the salary market analysis for this position.
Teresa Roche, Human Resources Executive, provided a recommendation of a 9% salary increase
for the Chief Judge.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
None.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 188, 2024, Amending Section 2-606 of the Code of the City of Fort Collins
and Setting the Salary of the Chief Judge to $218,141, on First Reading.
Councilmember Potyondy stated the City is fortunate to have a Chief Judge who is focused on
innovative alternative sentencing options and restorative practices.
Councilmember Pignataro also commended the changes that the Chief Judge has brought over
the past few years.
Mayor Arndt thanked the Chief Judge for living out the values of the City through innovative
municipal court practices and taking a leadership role in the organization.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-142 Authorizing the Third Addendum to Chief Judge Jill Hueser’s
Employment Agreement and Appointing Her to a New Two-Year Term.
Councilmember Pignataro asked why this resolution is only necessary for the Chief Judge. City
Attorney Daggett replied the requirement is in the Charter.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson, and Potyondy.
Nays: None.
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22. First Reading of Ordinance No. 189, 2024, Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Salary of the City Attorney.
The purpose of this item is to amend City Code to establish the 2025 compensation of the City
Attorney. Council met in executive session on November 26, 2024, to conduct the performance
review of Carrie Daggett, City Attorney and to consider the salary market analysis for this position.
(Secretary’s Note: Councilmember Potyondy recused herself from this item due to a conflict of
interest.)
Teresa Roche, Human Resources Executive, provided a recommendation of a 10.3% salary
increase for the City Attorney.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro thanked City Attorney Daggett for her service and commended her
growth over the years.
Councilmember Ohlson commended City Attorney Daggett’s performance and stated the
community is fortunate to have her as the City Attorney given her passion for municipal
government.
Councilmember Gutowsky commended City Attorney Daggett on her work.
Mayor Arndt thanked City Attorney Daggett for her longstanding commitment to the City of Fort
Collins.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Ordinance No. 189, 2024, Amending Section 2-581 of the Code of the City of Fort Collins
and Setting the Salary of the Chief Judge to $265,369, on First Reading.
The motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, Ohlson.
Nays: None.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
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City of Fort Collins Page 15 City Council Proceedings
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:59 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 25
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 175, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Lincoln Center’s Various Programs and Services as
Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
$33,266.00 for the Lincoln Center in philanthropic revenue received by City Give. These
charitable gifts 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 26
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 175, 2024, Appropriating Philanthropic Revenue Received by
City Give for the Lincoln Center’s Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $33,266.00
for the Lincoln Center in philanthropic revenue received by City Give. These charitable gifts 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 the adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
This item requests an appropriation of donations totaling $33,266.00 to support Lincoln Center programs,
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.
The respective donors have directed the City to apply these amounts for the purposes designated in the
donation and with the general intent to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate in current fiscal year into Cultural Services and Facilities Fund new
philanthropic revenue received by City Give in 2024 in the amount of $33,266 and authorize expenditures
against those revenues for the Lincoln Center’s various programs and services.
Page 27
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The donations shall be expended from the designated fund solely for the donors’ directed intent. 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 28
Item 2.
-1-
ORDINANCE NO. 175, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY
CITY GIVE FOR THE LINCOLN CENTER’S VARIOUS
PROGRAMS AND SERVICES AS DESIGNATED BY THE
DONORS
A. The City has received generous donations in 2024 through its City Give
program, both large and modest, as philanthropic gifts to the public and the City programs
and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting cultural programs
and services at a City performing arts venue.
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 Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
E. 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 donation or the City’s expenditure of all funds received from such
grant or donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
Cultural Services and Facilities Fund the sum of THIRTY-THREE THOUSAND TWO
HUNDRED SIXTY-SIX DOLLARS ($33,266) to be expended in the Cultural Services and
Facilities Fund for the Lincoln Center’s various programs and services.
Page 29
Item 2.
-2-
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Dianne Criswell
Page 30
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 176, 2024, Making a Supplemental Appropriation of
Additional Revenue and Appropriating Prior Year Reserves in the Self Insurance Fund for
Unanticipated Insurance Expenses.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
$462,711 in the City’s Self Insurance Fund to be used for unanticipated increases in fourth
quarter insurance premiums and various forecasted claim payments.
Page 31
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Joe Wimmer, Senior Financial Analyst
Jim Byrne, Director Emergency Preparedness & Security
Travis Storin, Chief Financial Officer
SUBJECT
Second Reading of Ordinance No. 176, 2024, Making a Supplemental Appropriation of Additional
Revenue and Appropriating Prior Year Reserves in the Self Insurance Fund for Unanticipated
Insurance Expenses.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $462,711 in
the City’s Self Insurance Fund to be used for unanticipated increases in fourth quarter insurance premiums
and various forecasted claim payments.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
City insurance premiums and claim settlements are projected to exceed the 2024 budget within the Self
Insurance Fund. 2024 Fund revenues in the amount of $307,152, and prior year reserves of $155,559 are
available for appropriation to cover excess insurance expenses. 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.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $462,711 for Self Insurance Fund expenses in 2024, including $307,152
in unanticipated current year revenues and $155,559 in prior year reserves.
Fund reserves are projected to end the year above the City’s fund reserve target.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 32
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 33
Item 3.
-1-
ORDINANCE NO. 176, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF ADDITIONAL
REVENUE AND APPROPRIATING PRIOR YEAR RESERVES IN
THE SELF INSURANCE FUND FOR UNANTICIPATED
INSURANCE EXPENSES
A. Chapter 8, Division 3 of the City Code authorizes and establishes a self -
insurance program and fund for the City.
B. The City’s Self Insurance Fund is used to pay the City’s uninsured portion
of various types of “covered expenses,” as set forth in Section 8-106 of the City Code,
including settlement of claims against the City and insurance premiums for policies
purchased by the City.
C. City insurance premiums and claim settlements are projected to exceed the
2024 budget within the Self Insurance Fund.
D. 2024 Fund revenues in the amount of $307,152, and prior year reserves of
$155,559 are available for appropriation to cover these excess insurance expenses.
E. Self Insurance Fund reserves exceed the City's target reserve level, and
surplus revenues are not needed to contribute to fund b alance at year end.
F. 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Self Insurance Fund and will not cause the total amount appropriated in the Self
Insurance 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 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.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Self Insurance Fund and will not cause the total amount appropriated in the Self
Page 34
Item 3.
-2-
Insurance 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. The City Council believes that the appropriation recommended by the City
Manager 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. There is hereby appropriated from new revenue or other funds in the
Self Insurance Fund the sum of THREE HUNDRED SEVEN THOUSAND ONE
HUNDRED FIFTY-TWO DOLLARS ($307,152) to be expended in the Self Insurance
Fund for unanticipated insurance expenses.
Section 2. There is hereby appropriated from prior year reserves in the Self
Insurance Fund the sum of ONE HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED
FIFTY-NINE DOLLARS ($155,559) to be expended in the Self Insurance Fund for
unanticipated insurance expenses.
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Aaron Guin
Page 35
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 177, 2024, Making a Supplemental Appropriation of Additional
Revenue Received in the Benefits Fund for the City’s Medical, Dental, and Life Insurance Plans.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $1,137,041
from unanticipated revenue collected in the Benefits Fund to cover Medical/Dental claims and various
Life Insurance premium expenses that could potentially exceed 2024 budgeted appropriations.
The City’s Benefits Plan is a self-funded health plan in which premiums collected from both employees
and employers are recorded as revenue in the Benefits Fund to pay for plan administration,
medical/dental claims, and insurance premiums. As such, this is a self-funded appropriation request
requiring no use of reserves.
Page 36
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
Kelley Vodden, Director of Compensation, Benefits, and Wellbeing
Chris Martinez, IES Financial Planning and Analysis Manager
SUBJECT
Second Reading of Ordinance No. 177, 2024, Making a Supplemental Appropriation of Additional
Revenue Received in the Benefits Fund for the City’s Medical, Dental, and Life Insurance Plans.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $1,137,041
from unanticipated revenue collected in the Benefits Fund to cover Medical/Dental claims and various Life
Insurance premium expenses that could potentially exceed 2024 budgeted appropriations.
The City’s Benefits Plan is a self-funded health plan in which premiums collected from both employees and
employers are recorded as revenue in the Benefits Fund to pay for plan administration, medical/dental
claims, and insurance premiums. As such, this is a self-funded appropriation request requiring no use of
reserves.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
As the City operates under a self-funded health plan, the Benefits team must project and budget for all
benefit plan expenditures based on market trends in medical, dental, and pharmaceutical expenses,
insurance premiums, and the projected number of plan subscribers. Forecasting these variables is required
to calculate the revenue the City will need to collect from the employer and employees to meet the
budgeted plan expenditures. This is accomplished during the Budgeting for Outcomes (BFO) process.
For the 2023-2024 BFO, these projections took place in Q1 of 2022, where the variables and data used to
project out anticipated ’23-’24 enrollees and cost growth were influenced by the COVID pandemic. During
that time, claims activity and costs were still below what would be considered normal in 2021. At the
advisement of the City’s benefits consultant, the Benefits team applied a level of increases based on
industry recommendations, anticipating a bounce back in medical, dental, and insurance costs and
subscribers. Those budget projections were enough to cover 2023 plan performance. However, higher
subscribers and activity levels in 2024 are driving the potential for inadequate expenditure authority to
cover 2024 costs even though the City has collected adequate premium revenues from employees, the
organization, and the Poudre Fire Authority (PFA). Please see the breakdown below of the identified plan
overages this request is addressing:
Page 37
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
The higher claims activity and premiums have a direct correlation to the number of subscribers in the
benefits plan, which has increased by approximately 6% (140 subscribers) over the last 1.5 years as
compared to a budgeted 2-3% subscriber growth as what was originally projected by the Benefits team.
When this happens, the plan collects enough premium revenue to cover the number of subscribers;
however, the plan is bound by the original expenditure appropriation based on 2-3% subscriber growth.
In evaluating both Medical and Dental plan performance through October 2024, the City is experiencing
higher claims activity than projected for the 2024 Benefits budget. The Medical Plan is experiencing a
100% increase in the number of high-dollar claimants (>$100k) with 23 active claimants when, in a typical
year, the plan budgets for 10-13 high-dollar claimants. This has had a YTD impact of approximately
$822,020 in unanticipated medical claims expenses that is continuing through Q4 of 2024. On the Dental
side of the plan, the plan saw a 9% increase in overall expenses, where dental administrative expenses
are over by $6,000, and claims are over by approximately $160,000, attributed to higher claims activity
driven by enrollment increases of 4.5% and the natural variability of plan utilization. Historically, both
medical and dental plans experience higher claim expenses in Q4, resulting from participants reaching
plan deductibles and scheduling procedures before year-end. The benefits team's budgets for this
seasonal activity increase in the final quarter of each year.
The City carries ten (10) lines of Life Insurance and Accidental Death and Dismemberment (AD&D) on the
insurance side. Each line has variabilities, considerations, and levels of insurance coverage based on
what an employee may select during enrollment that the benefits team must evaluate when projecting out
potential enrollees and premium costs growth. Below is a breakdown of each insurance line:
City Paid Benefit
Basic Life Insurance
Accidental Death &
Dismemberment (AD&D)
Fire & Police Pension AD&D
(Police Only
Employee Paid Benefit
Spouse Life Insurance
Child Life Insurance
Supplemental Life Insurance
Voluntary AD&D
Voluntary AD&D – Spouse
Voluntary AD&D – Chil
PFA Paid Benefit
Fire & Police Pension AD&D (PFA Only)
The employee paid Voluntary AD&D lines’ costs, and the Child Life Insurance was relatively flat and had
no material effect on YTD 2024 overages, so the focus will be on the rest of the lines of coverage. Below
is a table that reflects enrollee and cost changes from 2023 to 2024:
Benefit Plan Component
Unanticipated
Expenses above Budget
Medical Claims 822,020$
Dental Claims & Dental Plan Administration 166,000$
Life, FPPA AD&D, and FAMLI 149,021$
Total YTD Benefit Expenses Above Budget 1,137,041$
Page 38
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
* City Paid
The majority of the overages on the Basic Life and AD&D are attributed to higher enrollee growth than
what was originally projected in the forecast cost model. Employee paid Dependent Life and Supplemental
Life insurance line cost changes can be a result of employees selecting higher levels of coverage to which
the employee pays those higher premiums to the City on their behalf. The FPPA D&D cost differential was
also the delta between what industry standard was advising for budgeted increases compared to what has
transpired through 2024. Insurance lines, in general, saw increases, which is consistent with inflation
pressures. Insurance premium increases are being felt by all insurers, whether it’s automobile, life, or home
in both the private and public sectors. Again, the premium revenues for all these lines have already been
collected throughout the year and are held in the Benefits revenue account.
Lastly, the City chose to participate in the Colorado Family and Medical Leave Insurance Program (FAMLI),
which was not budgeted and has added over $1,000 in unbudgeted administrative costs.
For the remainder of 2024, cost projections show the plan will still come very close to hitting initial budget
projections; however, there is a very thin margin of error, and is also dependent upon the variability of
claims activity. The YTD overages, as explained, represent just a 2% variance to the 2024 Benefits budget.
Given the impact of the number of high-dollar claimants, growth of enrollees, and inflationary cost
pressures, the Benefits team recommends appropriation of the excess $1,137,041 in Benefit revenue as
a protection provision to cover any potential expenditure overages and to avoid violating Article V, Section
8 of the City Charter.
CITY FINANCIAL IMPACTS
Through September 2024, the City has collected excess Benefits Fund revenue of $1,137,041, broken
down as follows:
This is a self-funded appropriation request requiring no use of reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Insurance Line 2023
Enrollees
2024
Enrollees
Enrollee
Growth
Cost %
Increase
YTD Over
Budget
AD&D *2054 2188 7%10%5,352$
Basic Life *2054 2188 7%11%10,596$
Dependent Life: Spouse 540 542 0%10%5,175$
Supplemental Life 1059 1079 2%6%27,476$
FPPA D&D - Police *257 264 3%8%47,722$
FPPA D&D - PFA 211 206 -2%8%51,699$
148,021$ Total YTD Insurance Costs over Budget
Page 39
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 40
Item 4.
-1-
ORDINANCE NO. 177, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF ADDITIONAL
REVENUE RECEIVED IN THE BENEFITS FUND FOR THE
CITY’S MEDICAL, DENTAL, AND LIFE INSURANCE PLANS
A. The City’s Benefits Plan is a self-funded health plan in which collection of
premiums from both the employer and employees are recorded as revenue in the Benefits
Fund to pay for plan administration, medical/dental claims, and insurance premiums.
Accordingly, the Benefits team makes efforts to project out and budget for all benefit plan
expenditures based on market cost trends of medical, dental, and pharmaceutical
expenses, insurance premiums, and the projected number of subscribers to the plan.
Forecasting these variables is required to calculate the amount of revenue the City will
need to collect from both the employer and employees to meet the budgeted plan
expenditures. This is accomplished during the Budgeting for Outcomes (BFO) process.
B. Evaluation of Medical and Dental plan performance through September
2024 demonstrates that the City has experienced higher claims activity than what was
projected for the 2024 Benefits budget, resulting in a year-to-date overage in Dental
claims of roughly $170,000 and Life Insurance and Fire & Police Pension Association
Insurance premiums of roughly $296,000.
C. In addition, the Medical Plan has experienced a 100% increase in the
number of high-dollar claimants (>$100,000), with 23 active claimants. In a typical year,
the plan would have only 10-13 high-dollar claimants. For this reason, there has been a
year-to-date impact of over $700,000 in unanticipated medical claims expenses.
D. The higher claims activity and insurance premiums have a direct correlation
to the number of subscribers in the Benefits Plan, which has increased by approximately
6% (140 subscribers) over the last 1.5 years, as compared to a budgeted 2-3% subscriber
growth. When this happens, the Plan collects enough premium revenue to cover the
number of subscribers. The Plan is bound, however, by the original expenditure
appropriation based on 2-3% subscriber growth, as was projected back in the first quarter
of 2022 during the 2023-24 BFO process. As a result, the Benefits Fund has collected
year-to-date unanticipated revenue of $1,137,041 for Medical, Dental, and Life Insurance
premiums.
E. Historically, both Medical and Dental plans experience higher claim
expenses in Q4 resulting from participants reaching plan deductibles and scheduling
procedures before year-end. The Benefits team budgets for this seasonal increase, and
our projections are showing the plan will come very close to hitting budget . Given the
impact of the number of high-dollar claimants and growth of subscribers, however, it is
recommended that the excess $1,137,041 in unanticipated Benefits Fund revenue be
appropriated to cover any potential expenditure overage s in the City’s Medical, Dental
and Life Insurance Plans. This appropriation would be a “self-funded” appropriation
requiring no use of reserves.
Page 41
Item 4.
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F. 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 suppleme ntal
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Benefits Fund and will not cause the total amount appropriated in the Benefits 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. The City Council believes that the appropriation recommended by the City
Manager is in the best interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new revenue or other funds in the
Benefits Fund the sum of ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND
FORTY-ONE DOLLARS ($1,137,041) to be expended in the Benefits Fund for the City’s
Medical, Dental, and Life Insurance Plans.
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Aaron Guin
Page 42
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 178, 2024, Making a Supplemental Appropriation of
Funds Received from the Edward Byrne Memorial Justice Assistance Grant Program for
Fort Collins Police Services.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, supports Fort
Collins Police Services in work performed as a member of the Northern Colorado Drug Task
Force.
The Northern Colorado Drug Task Force is managed by Larimer County Sheriff Department,
with both Fort Collins Police Services and Loveland Police being members. These member
agencies support a broad range of activities to prevent and control drug-related crimes.
In 2022, Larimer County applied for and was awarded $53,616 through the Edward Byrne
Memorial Justice Assistance Grant (JAG) program in support of operating the Northern
Colorado Drug Task Force (Attachment 3). In 2024, the City of Fort Collins, City of Loveland
and Larimer County entered an intergovernmental agreement (Attachment 2), demonstrating
the allocation of the $53,616 awarded under JAG in support of the Northern Colorado Drug
Task Force. Fort Collins Police Services received $16,313. to support personnel costs and other
operating costs directly attributed to the Northern Colorado Drug Task Force.
Page 43
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Adam Ruehlen, Lieutenant, Police Services
Kerri Ishmael, Senior Analyst, Grants Administration
SUBJECT
Second Reading of Ordinance No. 178, 2024, Making a Supplemental Appropriation of Funds
Received from the Edward Byrne Memorial Justice Assistance Grant Program for Fort Collins
Police Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, supports Fort Collins Police
Services in work performed as a member of the Northern Colorado Drug Task Force.
The Northern Colorado Drug Task Force is managed by Larimer County Sheriff Department, with both Fort
Collins Police Services and Loveland Police being members. These member agencies support a broad
range of activities to prevent and control drug-related crimes.
In 2022, Larimer County applied for and was awarded $53,616 through the Edward Byrne Memorial Justice
Assistance Grant (JAG) program in support of operating the Northern Colorado Drug Task Force
(Attachment 3). In 2024, the City of Fort Collins, City of Loveland and Larimer County entered an
intergovernmental agreement (Attachment 2), demonstrating the allocation of the $53,616 awarded under
JAG in support of the Northern Colorado Drug Task Force. Fort Collins Police Services received $16,313.
to support personnel costs and other operating costs directly attributed to the Northern Colorado Drug Task
Force.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FIRST READING BACKGROUND / DISCUSSION
The Northern Colorado Drug Task Force comprises of members from Larimer County Sheriff Office, Fort
Collins Police Services and Loveland Police Department support safer Northern Colorado communities
through work to prevent and control drug-related crimes. Sworn officers with each member agency serve
on the drug task force, which requires overtime pay and other operating costs. The $16,313 in JAG grant
funds supports Fort Collins Police Services covering some of the operational costs incurred as a member
of the Northern Colorado Drug Task Force.
Page 44
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $16,313 in unanticipated revenue from the JAG program in support of work
performed by Police Services as a member of the Northern Colorado Drug Task Force.
There is no match requirement by the City under this grant. Larimer County, the direct recipient of these
federal funds, is passing the $16,313 to Police Services. Therefore, the City is deemed a subrecipient of
federal funds under the JAG program.
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$16,313.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 45
Item 5.
-1-
ORDINANCE NO. 178, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS
RECEIVED FROM THE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM FOR FORT COLLINS POLICE
SERVICES
A. The Northern Colorado Drug Task Force (the “Drug Task Force”) is
managed by the Larimer County Sheriff Department, with both Fort Collins Police
Services and Loveland Police being members. These member agencies support a broad
range of activities to prevent and control drug-related crimes.
B. Larimer County applied for and was awarded $53,616 through the Edward
Byrne Memorial Justice Assistance Grant (“JAG”) program in support of operating the
Drug Task Force.
C. The City of Fort Collins, City of Loveland, and Larimer County have entered
into an intergovernmental agreement demonstrating the allocation of the $53,616
awarded under JAG in support of the Drug Task Force. Fort Collins Police Services
received $16,313 to support personnel costs and other operating costs directly attributed
to the Drug Task Force.
D. The $16,313 in JAG grant funds supports Fort Collins Police Services
covering some of the operational costs incurred as a member of the Drug Task Force.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of keeping Northern Colorado
communities safer through work to prevent and control drug-related crimes.
F. 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
Page 46
Item 5.
-2-
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program as an appropriation
that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure
of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of SIXTEEN THOUSAND THREE HUNDRED THIRTEEN
DOLLARS ($16,313) to be expended in the General Fund for the Fort Collins Police
Services Property Crimes Unit.
Section 2. The appropriation herein for the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program is hereby designated, as authorized in Article V, Section
11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Dawn Downs
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Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 179, 2024, Making Supplemental Appropriations of
Prior Year Reserves and Unanticipated Revenue and Authorizing Transfers of
Appropriations for the Licensing Permitting and Code Enforcement System.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, implements and
modernizes a new licensing, permitting, and code enforcement system. The existing funding for
this project was originally allocated as part of the 2023/2024 Budget Cycle's 'Digital
Transformation' initiative.
After an almost two-year procurement process, the City has selected Tyler Technologies (Tyler)
as the ‘Vendor of Choice’ (VOC) and is currently in contract negotiation. This appropriation
request will provide the anticipated funding needed for software deployment, testing, training,
temporary staffing backfill and organizational change management.
The total amount being requested is approximately $4M. This includes:
•Software as a Service 19-month Implementation
•Software as a Service two-year Subscription Costs
•City Staff Backfill for two-year Implementation
•Third Party Professional Implementation Services
•Change Management
With this appropriation, the project implementation will begin during the first quarter of 2025 and
is anticipated be fully operational by Fall of 2026.
The new system is expected to modernize current business processes, improve efficiency,
reduce errors, enhance customer experience, and save staff and customer time.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 12
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, Sr. Financial Planning & Analysis Manager PDT
Kevin Wilkins, Chief Information Officer
SUBJECT
Second Reading of Ordinance No. 179, 2024, Making Supplemental Appropriations of Prior Year
Reserves and Unanticipated Revenue and Authorizing Transfers of Appropriations for the
Licensing Permitting and Code Enforcement System.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, implements and modernizes
a new licensing, permitting, and code enforcement system. The existing funding for this project was
originally allocated as part of the 2023/2024 Budget Cycle's 'Digital Transformation' initiative.
After an almost two-year procurement process, the City has selected Tyler Technologies (Tyler) as the
‘Vendor of Choice’ (VOC) and is currently in contract negotiation. This appropriation request will provide
the anticipated funding needed for software deployment, testing, training, temporary staffing backfill and
organizational change management.
The total amount being requested is approximately $4M. This includes:
• Software as a Service 19-month Implementation
• Software as a Service two-year Subscription Costs
• City Staff Backfill for two-year Implementation
• Third Party Professional Implementation Services
• Change Management
With this appropriation, the project implementation will begin during the first quarter of 2025 and is
anticipated be fully operational by Fall of 2026.
The new system is expected to modernize current business processes, improve efficiency, reduce errors,
enhance customer experience, and save staff and customer time.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
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FIRST READING BACKGROUND / DISCUSSION
Summary of Original Budget Offer
In FY2023/2024, Council approved a $2.1 million enhancement offer to initiate the transformation of current
permitting, licensing, and development review processes and software. The City's legacy platform, Accela,
will reach end-of-life service of the on-premises system December 2025 and requires either a significant
upgrade to a cloud-based version of their system or conversion to a new system.
The consequences of not modernizing include IT security risks, falling behind increasing demands from
businesses and residents, inability to integrate new business processes, and increased operational
inefficiencies. This initiative aims to modernize business processes and adopt a more sustainable software
ecosystem through simplification, standardization, and a customer self-service approach.
This is envisioned as a transformational project that will set the stage for the next 10-20 years on how the
City provides services to our business and development community. Key outcomes cited from the
2023/2024 Budget, InfoTech Strategy Roadmap (Attachment A), and the Discovery Phase of Change
Management (Attachment B) include:
Streamlined, Standardized Processes: Simplify, consolidate, and automate licenses and permits to
eliminate redundancies and improve staff efficiency.
Self-Service for All: Empower residents and businesses with low-touch, self-service options,
advancing community digital equity.
Smart Digital Workflows: Transition from paper to digital, ensuring accessible, sustainable, and
simplified services.
Scalability & Speed: Accelerate processing times to meet rising demands consistently across all
service areas.
Unified, Cohesive Platform: Implement a citywide, integrated system that enhances collaboration and
responsiveness.
Modernized Legacy Systems: Shift to a future-ready solution that supports a more accessible,
equitable, and efficient digital government, adopting leading industry solutions.
Actions Since BFO Approval
Following the Council's support of the FY2023/2024 enhancement offer, City staff initiated the procurement
process by conducting a three-day Development Review, Licensing, Permitting, and Inspections Digital
Strategy Workshop which was facilitated by Info-Tech Research Group. The workshop results were used
to create a business model, identify current challenges, document the rationale for issuing an RFP, and
provide key recommendations (Attachment A).
Based on this work, TMG Consulting and City staff developed and issued an RFP in January 2024. During
the first half of 2024, City staff evaluated eleven RFP respondents, narrowing respondents down to three
finalists. These finalists were invited to demonstrate their products over a three-week period.
After product demonstrations, staff scored each vendor and selected an initial Vendor of Cho ice (Accela).
However, after a subsequent week-long workshop, months of scope of work development, and
clarifications regarding staffing and implementation timelines, the costs of the original proposal escalated
significantly while the modernization objectives embodied by the vision and goals of the project were greatly
reduced. These changes virtually eliminated Accela’s competitive advantage around pricing and ease of
implementation causing the City to re-engage in conversation with the second place Vendor of Choice
(Tyler Technologies).
Discussions with the second-place Vendor of Choice (Tyler Technologies) were conducted under an
abbreviated 60-day methodology facilitated by TMG Consulting, where a core team of City staff worked
with Tyler to clarify costs for implementation, scope of work, subscriptions, optional products, and refine
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staffing needs for the project. The result of these conversations resulted in a competitive package that
provided full alignment with the City’s requirements of a future system.
Today, staff have been able to reach a firm estimation of all costs associated with the full scope of the
solution, including data migration, software interfaces, business process mapping and modernization,
organizational change management, staff backfill, a preliminary estimate of implementation professional
services, as well as the direct implementation of the selected product. The funds being requested for this
appropriation are described in greater detail below and are summarized in table format at the end of this
section.
FY23/24 Enhancement Funding and Original Assumptions ($2.1M)
The original budget development of this offer was based on feedback from the industry solution providers
who examined the scope of the City’s vision for change and provided rough cost estimates as guidance for
writing the offer. Although the original $2.1 million could adequately cover implementation costs, the original
budget offer lacked considering other components that would need funding to mitigate project risks. These
components can be characterized as lessons learned from initial unsuccessful procurement and
implementation of the CIS Utilities project as well as risk and mitigation strategies that were also highlighted
by the July 2023 Info-Tech Research Group Report (Attachment A). These additional cost considerations
are meant to ensure project success by pairing the implementation with organizational change
management, adequate internal staff backfill, and Tyler specific third-party professional services.
Strategy Roadmap & Procurement Process ($475K)
The City of Fort Collins contracted with TMG who conducted six of seven phases of the procurement
process. The following diagram illustrates the three distinct parts (strategy, selection, and contracting) of
the process and describes TMG’s methodology within each phase of the procurement process:
Staff have worked with TMG to complete 6 of 7 phases of the project with the final phase being conducted
internally, utilizing Tyler-specific implementation specialists to review the final contract package. This
approach is intended to get vendor specific resources to evaluate the project for risks during the
implementation phase of the project.
Today, Phase 7 is largely complete and hinges on the project's ability to secure additional funds as
requested from Council.
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Vendor of Choice Software as a Service Implementation ($2M)
Tyler’s implementation services include approximately 9,200 hours of professional services for an
estimated period of 19- months. Primary resources allocated to the project include the following roles and
responsibilities:
Project Manager: Oversees the project, manages budget and schedule, coordinates resources, and is
the primary point of contact.
Consultant: A team of 4-6 resources that will develop and configure the product. This team completes
all Tyler related tasks assigned by the project manager, provides support during go-live, and facilitates
training.
Change Management Lead: The Vendor’s change management expert will work to integrate with the
City’s organizational change management resources. The City is operating under the following
assumptions:
o The City will continue contracting with Prosci who will lead and develop a multi-phased plan to
implement changes successfully.
o The City will need to resource an internal Change Management Lead (.50 FTE) who will execute
the plan and act as a liaison between Prosci, City, and Tyler’s team.
Software Licensing ($1.34M or $670K annually)
Tyler’s software offer includes the configuration and go-live of the following components:
Enterprise Permitting & Licensing Core Software
o Enterprise Permitting & Licensing Foundation: Acts as a central hub to the different suites GIS,
civic access, dashboards, cashiering, all configuration tools, report toolkit, and standard reports.
o Business Management Suite: Provides functionality such as electronic license requests,
automated routing, and responses. The suite manages licensing types, including business
contractors, environmental, alcohol, and marijuana. It provides tools for revenue collection,
business tax management, and regulated services. The suite will be able to provide GIS capabilities
to track business locations and visualize business distribution within the city.
o Community Development Suite: Platform that manages all aspects of the City's planning,
permitting, and development processes. Integrates with the Business Management Suite for
streamlined operation i.e., centralized property information, centralized contacts, and centralized
Dashboards across the suites.
o Rental Management Module: The rental management module is a part of the business
management suite. The rental management module allows management and tracking of landlords,
license properties for operations, track and monitor life safety components such as fire inspections,
health, or code enforcement related activities against the landlord or the property. In addition, the
rental management module can track multiple units to one landlord. Or multiple units in the same
dwelling. The module has its own Hub feeds, integrates with GIS, civic access, mobile apps, and
other central components.
Enterprise Permitting & Licensing Extensions (extensions that add functionality to core software)
o eReviews: This is required to facilitate the City's electronic plan review process. This component
of the system manages the routing, distribution, versioning, and integration into either DigEplan or
Bluebeam.
o Decision Engine: A digital permit guide that seamlessly integrates with Tyler’s Enterprise
Permitting & Licensing software to navigate applicants through the development entitlement,
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permitting, and licensing application and approval processes. Through a simple interface,
applicants can navigate through a series of questions or selections to arrive at the appropriate
permitting or licensing task, whether it’s applying, renewing, paying, requesting a meeting or
inspection, or just providing more information.
o Enterprise Permitting & Licensing Civic Access Payment Toolkit: This allows the City to take
online payments through Civic Access.
o Enterprise Permitting & Licensing Document Management API Connector: This allows the
City to plug our existing Laserfiche application into the overall solution so that documents can be
passed into our permanent records when completed.
o Enterprise API Connector w/ Selectron: Allows contractors to call in and schedule appointments
from an automated system.
o SSRS Reporting Access: This is access to the Vendor’s data dictionary + data redundancy for
inhouse reporting needs.
Selected Optional Components
Enterprise Permitting & Licensing Extension
o Citizen Connect – Community Development: Allows the community to monitor development
locations and trends through an interactive map and set up notifications if a project is created within
a customizable search area. This tool is intended to enhance transparency into the development
review and permitting process for everyone in the community.
Integrated Plan Review
o DigEplan Pro: Allows all reviewers to use a centralized toolset for the collaboration, review, and
markup of plans. This tool is seen as a ‘game changer’ by City Building Services staf f due to the
system’s ability to allow slip-sheeting, overlay from previous rounds of review, and ability to select
multiple sheets from separate rounds of review to create one final ‘approval’ plan set that can be
stamped and signed by the plan review department.
o These tools will streamline communication between staff and applicants, enable customers to
independently update their project plans without having to reprocess entire plan sets, and
significantly reduce the review process and project backlogs for building permit plan review and
development review staff.
Organizational Change Management ($386K)
The City has not made organizational change management (OCM) standard practice in project
implementation and therefore was not reflected in the original appropriation request for this project.
Through the challenges of the Utilities Customer Information System project and additional work during
strategy development for this project, the City recognizes the importance of this methodology in ensuring
successful outcomes
OCM is a structured approach to helping individuals, teams, and organizations adopt change successfully.
It involves planning, communicating, engaging stakeholders, providing training, and monitoring progress to
minimize disruption and maximize benefits. The goals of OCM are to understand the impacts and scope of
change, ensure adoption and usage, and increase employee understanding and engagement throughout
the project. OCM increases the likelihood of successful outcomes.
Enterprise OCM is being proposed as part of the baseline offering from the Vendor, however, it does not
provide the level of support and resourcing that is anticipated for this project. As part of this agenda item,
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Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 12
staff are recommending a .5 FTE Change Management Lead (internal City resource), and services
provided by Prosci for a Change Advisor and team.
Below is a diagram of how OCM will be resourced and anticipated responsibilities of each party.
Third Party Professional Services ($864K)
Hiring a third party project implementer with specific expertise with migrations from Accela to Tyler
Technologies will backfill gaps in system knowledge that City staff does not currently possess, ensure that
the project stays on schedule and within scope, configuration, follow’s industry best practices, and hold the
Tyler Technologies accountable with the technical deliverables of the project, with the project’s
configuration, hold the Tyler Technologies responsible, mitigate risks, prevent scope creep, and ensure
timely delivery of the system.
Staff assume a 20% contingency on this item bringing the requested total to $864k and is noted in the table
below.
City Staff Backfill for 19-month Implementation Period ($721K)
A key finding of the Info-Tech Report highlights the importance of resourcing and staff bandwidth.
Insufficiently addressing this aspect of the project poses a significant risk to its success.
The proposed backfill strategy aims to provide departments with the necessary resources to support their
anticipated project involvement. A contractual entry-level position is suggested to help alleviate the day-to-
day workload of functional team members from Code Compliance, Permitting, Development Review, and
other departments as assigned. Several other leadership positions will be needed from internal City Staff
which include a part time project manager, communications lead and change management lead.
In addition, Human Resources has estimated "Supplement Pay" for departments that will have short-term
involvement in the project beyond their regular duties. As part of internal backfill, staff is also requesting
funding for 24-months as a contingency should timelines slip during implementation.
•Will train City of Fort Collins staff on change management.
•Develop toolsets for sponsor messaging, process change
tracking, resistance management, and after-action review.
Prosci Change
Management
Advisor
•Provide toolsets
•Provide project support for 3-days during project kick-off
•1-day a week check-in with project team
•Provide support for 3-days during project 'go-live'
Vendor Change
Management Lead
•Act as a liasion between the vendor change management
lead and City.
City of Fort Collins
Change
Management Lead
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Summarized Estimated Costs
Item Implementation Cost
Strategy Roadmap & Procurement Process $475,106
Tyler Technologies SaaS Implementation Professional Services $2,522,040*
Software Licensing through Implementation $1,342,912
City backfill for the two-year implementation period (4 FTE)
Business Support I
Business Support I
Building Technician I
Development Review Coordinator I
$539,532*
City, Change Management Lead .50 FTE $67,500 *
City, Communications Lead .25 FTE $47,000*
City, Project Manager .50 FTE $67,000*
Third Party Implementation Professional Services
Project Manager
Integration Developer
Training Manager
Test Manager
Business Process Analyst
$864,000*
Prosci Change Management Professional Services
Phase 1 - $110,200
Phase 2 – $106,000
Phase 3 - $106,000
$386,640*
Total Estimated Project Cost $6,311,730
Previously Appropriated Funds (including ARPA funds) $2,269,419
Supplemental Appropriation Request: $4,042,311
*Items assume a 20% contingency. For FTE items, contingency is represented by assuming a 24-
month implementation period as compared to the estimated 19- month planned implementation
period.
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CITY FINANCIAL IMPACTS
The financial impact of implementing a new software system involves both upfront costs over the estimated
19-month implementation period and subsequent ongoing expenses. Initial investments include the
software license, professional services, and internal staffing backfill/support. After the first two years, there
will be fixed annual subscription costs for a 3-year period which will then increase at an anticipated 3% rate
annually starting year 6.
This supplemental appropriation will transfer all previously appropriated 2024 revenue and expense
budgets and their corresponding actuals from a lapsing business unit into the new, non-lapsing business
unit.
Implementation Period Suggested Funding
Previously Appropriated Funds Amount
Data & Communications Fund Reserve – 2023/2024 BFO (reserve generated
by prior system fee)
$700,000
General Fund Reserves – 2023/2024 BFO $1,395,206
Change Management Funds $40,000
Total Previously Appropriated Funds (to be transferred) $2,135,206
Suggested Funds to be Appropriated Amount
General Fund Reserves $1,400,000
Light and Power Fund Unanticipated Revenue $559,148
W ater Fund Unanticipated Revenue $120,012
Wastewater Fund Unanticipated Revenue $369,392
Stormwater Unanticipated Revenue $251,448
Transportation Fund Reserves $942,311
Capital Expansion Fees Unanticipated Revenue (CEF Administrative Allowance) $400,000
Total Funds to be Appropriated With this Action $4,042,311
ARPA Funds (previously appropriated, now dedicated to this project) $129,419
General Fund Reserves (previously appropriated & spent in 2023) $4,794
Total Estimated Project Cost $6,311,730
*These sources are comprised of multiple funding streams that fall within the category. The exact
breakdown within categories is still to be decided.
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Tyler Technologies also offers managed professional services for on-going system support that will require
additional consideration from City IT Leadership. This is an optional cost and could m itigate the need for
hiring additional personnel for ongoing maintenance and servicing of the software.
System Funding for Ongoing Subscription Costs
The system will require a yearly subscription cost which is estimated to be approximately $700k for the first
five years. At the conclusion of five years, a yearly inflationary rate of 3% will be applied. At this time,
subscription cost is estimated to $700K as there are Tyler support add-ons that could increase prices by
approximately $200k. The necessity of these add-ons continues to be evaluated. The ongoing subscription
cost is anticipated to be managed in one or two ways:
1. Reinstatement of a 1.5% fee on all eligible transactions for system payment. There is historical
precedence for this fee as it has been previously assessed to pay for the existing legacy system. The
exact percentage of the fee could be adjusted to meet and not exceed cost recovery. Certain items
such as capital expansion fees would not be subject to the fee due to concerns surrounding the legality
of capital expansion fee usage.
2. A model that assigns cost based on system usage. The two implementation years will allow for further
development of a suggested methodology.
In both scenarios, it is anticipated that at a minimum the General Fund, Utilities Funds, & the Transportation
Fund would contribute to ongoing subscription costs.
As part of the scope of the project, the system is anticipated to fold in departments who have had a limited
use case under the existing legacy system. The scope identified providing functionality to the following user
groups:
Environmental Services
Community Development and
Neighborhood Services
Poudre Fire Authority
Engineering
Utilities
City Clerk’s Office
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City Manager’s Office
Natural Areas
Parks
Information Technology
External Agencies
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Tyler Technologies will bring expertise and experience to the project. The documented business processes
will serve as the basis for testing, training, and future process improvements.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At Council Finance Committee’s November 6, 2024, regular meeting, this item was discussed and was
recommended to proceed to Council for appropriation.
PUBLIC OUTREACH
Over the years, the City has conducted numerous surveys centered around external customer experience
with the development review process and most recently, the evaluation of our Current State of Customer
Service that is being led by the City Manager’s Office.
Development Review Public Outreach
The Development Review Group has conducted numerous surveys that have consistently identified pain
points in our development review process. These surveys revealed that staff struggled to keep pace with
the administrative demands of reviewing development projects, and inef ficient tools further contributed to
lower-than-expected satisfaction within the development community.
Since the introduction of Development Review Coordinators in 2018, a significant administrative gap has
been filled. However, several key pain points exist, which include:
Excessive Review Cycles and Subjective Reviews Respondents frequently cited too many rounds of
review, overly lengthy processes.
Ineffective Meetings: Poorly organized and unproductive meetings wasted valuable time and
resources.
Need for a Simplified Process for Small Projects: Respondents suggested streamlining the review
process for smaller projects to reduce administrative burdens.
Limited Electronic Options: A lack of robust online tools hindered efficiency and user experience.
This project is anticipated to help re-engineer processes, streamline tasks, and introduce more automated
workflows to significantly reduce the administrative burden on staff, and free up time to focus on critical
discussions with our community. We also anticipate greater emphasis on self-serve workflows and tools
for customers which will save time, walk customers through the process, and identify the status of their
project without exchanging emails or calls with staff. Below is a high -level summary of the most recent
surveys and studies completed.
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Current State of Customer Service
The current state of customer service report gathered information from 43 participants from departments
such as finance, utilities, community services, police services, planning, development, and transportation.
The implementation of this project aims to align the City’s objectives by modernizing our technology,
providing a standardized level of service to customers, unifying the customer experience, and breaking
down departmental silos that impede collaboration.
Future Communications Plan
As part of this appropriation request, staff proposes to fund a communication lead who will develop a
communications plan that will include a public outreach component. A significant shift in how customers
interact with the City is anticipated, requiring a clear and concise communication strategy to inform
residents and businesses about these changes. This strategy will include a variety of channels, such as
the City's website, social media, email newsletters, and traditional media outlets. Additionally, public
meetings and training workshops may be held to provide opportunities for direct feedback and input from
the community.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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Item 6.
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ORDINANCE NO. 179, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF PRIOR YEAR
RESERVES AND UNANTICIPATED REVENUE AND
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
LICENSING PERMITTING AND CODE ENFORCEMENT SYSTEM
A. City Council authorized expenditures in the 2023/2024 City Budget for the
implementation and modernization of a new licensing, permitting, and code enforcement
(LPCE) system. This authorization and funding were part of the ‘Digital Transformation’
initiative.
B. The City’s Digital Transformation initiative seeks to leverage new
technologies to enable new or modify existing business processes, culture, and customer
experiences to meet changing market and business requirements.
C. The City’s current on-premise LPCE system will reach end-of-life at the end
of 2025. This existing system requires either a significant upgrade to a cloud-based
version of the system or conversion to a new system.
D. The City envisions this new LPCE system as a transformational project t hat
will set the stage for the next 10-20 years on how the City provides services to its business
and development community.
E. This appropriation request will provide the anticipated funding needed for
software deployment, testing, training, temporary staffing backfill and organizational
change management.
F. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of modernizing current business
practices, improving efficiency, reducing errors, enhancing the customer experience, and
saving both staff and customer time.
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.
H. The City Manager has recommended the appropriation described herein
and determined that these appropriations are available and previously unappropriated
from the Light and Power Fund and the Water Fund and the Wastewater Fund, and the
Stormwater Fund and the Capital Expansion Fee Fund as applicable, and will not cause
the total amount appropriated in the Light and Power Fund, the Water Fund or the
Wastewater Fund, the Stormwater Fund, the Capital Expansion Fee Fund as applicable,
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Item 6.
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to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in these funds 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 ap propriations 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 appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the General Fund and the Transportation Services Fund as applicable, and will not
cause the total amount appropriated in the General Fund, the Transportation Services
Fund as applicable, to exceed the current estimate of actual and anticipated revenues
and all other funds to be received in these funds during this fiscal year.
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 $559,148 from the
Light and Power Fund; $120,012 from Water Fund; $369,392 from the Wastewater Fund;
$251,448 from the Stormwater Fund; $942,311 From the Transportation Fund; $400,000
From the Capital Expansion Fee Fund to the General Fund and $2,135,206 from General
Fund Operating Budget to General Fund Project Budget and determined that the purpose
for which the transferred funds are to be expended remains unchanged .
M. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for ta capital project, so 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 Licensing Permitting and Code
Enforcement System Project. The City’s Financial Officer has determined that the
Licensing Permitting and Code Enforcement System Project is a capital project to which
the non-lapsing exception under Article V, Section 11 of the City Charter applies
N. The City Council wishes to designate the appropriation herein for Licensing
Permitting and Code Enforcement System Project as an appropriation that shall not lapse
until the completion of the Licensing Permitting and Code Enforcement System Project.
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Item 6.
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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 new revenue or other funds in the
Light and Power Fund the sum of FIVE HUNDRED FIFTY-NINE THOUSAND ONE
HUNDRED FORTY-EIGHT DOLLARS ($559,148) to be expended in the Light and Power
Fund for transfer to the General Fund for the Licensing Permitting and Code Enforcement
System Project.
Section 2. There is hereby appropriated from new revenue or other funds in the
Water Fund the sum of ONE HUNDRED TWENTY THOUSAND TWELVE DOLLARS
($120,012) to be expended in the Water Fund for transfer to the General Fund for the
Licensing Permitting and Code Enforcement System Project.
Section 3. There is hereby appropriated from new revenue or other funds in the
Wastewater Fund the sum of THREE HUNDRED SIXTY-NINE THREE HUNDRED
NINETY-TWO DOLLARS ($369,392) to be expended in the Wastewater Fund for transfer
to the General Fund for the Licensing Permitting and Code Enforcement System Project.
Section 4. There is hereby appropriated from new revenue or other funds in the
Stormwater Fund the sum of TWO HUNDRED FIFTY-ONE THOUSAND FOUR
HUNDRED FORTY-EIGHT DOLLARS ($251,448) to be expended in the Stormwater
Fund for transfer to the General Fund for the Licensing Permitting and Code Enforcement
System Project.
Section 5. There is hereby appropriated from new revenue or other funds in the
Capital Expansion Fee Fund the sum of FOUR HUNDRED THOUSAND DOLLARS
($400,000)] to be expended in the Capital Expansion Fee Fund for transfer to the General
Fund for the Licensing Permitting and Code Enforcement System Project.
Section 6. There is hereby appropriated from prior year reserves in the General
Fund the sum of ONE MILLION FOUR HUNDRED THOUSAND DOLLARS: ($1,400,000)
to be expended in the General Fund for the Licensing Permitting and Code Enforcement
System Project.
Section 7. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of NINE HUNDRED FORTY-TWO THOUSAND
THREE HUNDRED ELEVEN ($942,311)] to be expended in the Transportation Services
Fund for transfer to the General Fund for the Licensing Permitting and Code Enforcement
System Project.
Section 8. The unexpended and unencumbered appropriated amount of TWO
MILLION ONE HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED SIX DOLLARS
($2,135,206) is authorized for transfer from the General Fund Operating Budget to the
General Fund Licensing Permitting and Code Enforcement System Project Budget and
Page 63
Item 6.
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appropriated therein to be expended for Licensing Permitting and Code Enforcement
System Project.
Section 9. The appropriation herein for Licensing Permitting and Code
Enforcement System 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 De cember 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Sara Arfmann
Page 64
Item 6.
File Attachments for Item:
7. Items Relating to Amending Chapter 17 of City Code to Align with State Statutes.
A. Second Reading of Ordinance No. 180, 2024, Amending Section 17-1 of the Code of the
City of Fort Collins to Add Definitions of “Deadly Weapon” and “Firearm”.
B. Second Reading of Ordinance No. 181, 2024, Amending Section 17-124(3) of the Code of
the City of Fort Collins to Comport with State Law Regarding Disorderly Conduct.
C. Second Reading of Ordinance No. 182, 2024, Amending Section 17-126(a)(4) of the Code
of the City of Fort Collins to Remove the Phrase “Intended to Harass” and Amend “He or She” to
“Them”.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, updates the City
Code in order to align with State statute and recent case law.
Page 65
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Yonce, Lieutenant, Police Services Professional Standards
SUBJECT
Items Relating to Amending Chapter 17 of City Code to Align with State Statutes.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 180, 2024, Amending Section 17-1 of the Code of the City of Fort
Collins to Add Definitions of “Deadly W eapon” and “Firearm”.
B. Second Reading of Ordinance No. 181, 2024, Amending Section 17-124(3) of the Code of the City of
Fort Collins to Comport with State Law Regarding Disorderly Conduct.
C. Second Reading of Ordinance No. 182, 2024, Amending Section 17-126(a)(4) of the Code of the City
of Fort Collins to Remove the Phrase “Intended to Harass” and Amend “He or She” to “Them”.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, updates the City Code in
order to align with State statute and recent case law.
STAFF RECOMMENDATION
Staff recommends adoption of these Ordinances on the Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The purpose of the proposed City Code amendments is to update outdate Code provisions involving
criminal violations. These updates are based on state statutory changes and case law related rulings.
Deadly Weapon and Firearm Definitions
Current City Code does not define “deadly weapon” or “firearm”, although both “deadly weapon” and
“firearm” are used in various places throughout the Code such as Assault contained in City Code Section
17-21 and Disorderly Conduct contained in Section 17-124. State statutes define both “deadly weapon”
and “firearm”. The proposed Code amendment would adopt the state definition of “deadly weapon” and
“firearm” which will provide clarity and allow for a more fair and equitable application of the law in Municipal
Court.
Page 66
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Disorderly Conduct and Simulated Firearm
The state statute of Disorderly Conduct, Colorado Revised Statutes Section18-9-106(1)(f), was amended
to in 2021, effective March 1, 2022. The state law now defines disorderly conduct as conduct to include
the use of a simulated firearm. Currently the analogous City Code Section 17-124(3) does not contain the
simulated firearm language. This Code update would adopt the same language to comport with state law
for Disorderly Conduct offenses. There have been incidents that occurred in the City where a party was
not held accountable under City Code Section 17-124(3) because the weapon used involved a simulated
firearm not an actual firearm.
Harassment
On March 28, 2022, the Colorado Supreme Court issued an opinion in People v. Moreno, 506 P.3d 849
(Colo. 2022), that found the phrase “intended to harass” in Colorado Revised Statutes Section 18-9-
111(1)(e), was overbroad and unconstitutional. Currently City Code Section 17-126(a)(4) includes the
phrase “intended to harass”. This change would remove the phrase “intended to harass”. Additionally, the
current Code provision also uses “he or she”. To be inclusive, it is proposed to change the language to
“them”.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
Page 67
Item 7.
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ORDINANCE NO. 180, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-1 OF THE CODE OF THE CITY OF
FORT COLLINS TO ADD DEFINITIONS OF “DEADLY WEAPON”
AND “FIREARM”
A. The purpose of the proposed City Code Section 1-17 amendment is to add
additional definitions that pertain to various criminal code violations. This update is based
on state statutory definitions and will help provide clarity and allow for a more fair and
equitable application of the law in Municipal Court.
B. The current City Code does not define “deadly weapon” or “firearm”,
although both “deadly weapon” and “firearm” are used in various places throughout the
Code such as Assault contained in City Code Section 17-21 and Disorderly Conduct
contained in City Code Section 17-124.
C. State statutes define both “deadly weapon” and “firearm”. The proposed
Code amendment would adopt the state definition of “deadly weapon” and “firearm” and
add those definitions to City Code Section 1-17.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 17-1 of the Code of the City of Fort Collins is hereby
amended to add definitions of “deadly weapon” and “firearm”, to read as follows:
Sec. 17-1. - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
“Deadly weapon” shall mean:
(1) A firearm, whether loaded or unloaded; or
(2) A knife, bludgeon, or any other weapon, device, instrument, material, or
substance, whether animate or inanimate, that, in the manner it is used or intended
to be used, is capable of producing death or serious bodily injury.
…
“Firearm” shall mean any handgun, automatic, revolver, pistol, rifle, shotgun, or other
instrument or device capable or intended to be capable of discharging bullets, cartridges,
or other explosive charges.
Page 68
Item 7.
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Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on the December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Alyssa Bamonti
Page 69
Item 7.
- 1 -
ORDINANCE NO. 181, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-124(3) OF THE CODE OF THE CITY
OF FORT COLLINS TO COMPORT WITH STATE LAW
REGARDING DISORDERLY CONDUCT
A. In 2021, the state statute for the offense of Disorderly Conduct, Colorado
Revised Statute Section 18-9-106(1)(f), was amended to update the language and
include reference to the use of a simulated firearm, effective March 1, 2022.
B. Currently the analogous City Code Section 17-124(3) does not contain the
simulated firearm language. This Code update would adopt the same language to
comport with state law for Disorderly Conduct offenses.
C. There have been factual situations in the City where a party was not held
accountable under City Code Section 17-124(3) Disorderly Conduct because the firearm
used was simulated firearm instead of a real firearm, however it caused the same alarm
to the victim as a real firearm.
D. Amending this Code section to track state law will help provide clarity and
allow for a more fair and equitable application of the law in Municipal Court.
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 Section 17-124(3) of the Code of the City of Fort Collins is hereby
amended to read as follows.
Sec. 17-124. - Disorderly conduct.
It is unlawful for any person to intentionally, knowingly or recklessly:
. . .
(3) Not being a peace officer, displays a real or simulated firearm, displays any
article used or fashioned in a manner to cause a person to reasonably believe that
the article is a firearm, or represents verbally or otherwise that they are armed with
a firearm in a public place in a manner calculated to alarm and does alarm another
person;
Page 70
Item 7.
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Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on the December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Alyssa Bamonti
Page 71
Item 7.
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ORDINANCE NO. 182, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-126 OF THE CODE OF THE CITY OF
FORT COLLINS TO REMOVE THE PHRASE “INTENDED TO
HARASS” AND TO AMEND “HE OR SHE” TO “THEM”
A. On March 28, 2022, the Colorado Supreme Court issued an opinion in
People v. Moreno, 506 P.3d 849 (Colo. 2022), that found that the phrase “intended to
harass” in Colorado Revised Statutes Section 18-9-111(1)(e), was overbroad and
unconstitutional.
B. Currently the analogous City Code Section 17-126(a)(4) includes the same
phrase “intended to harass” which is identical language to the portion of the state statute
deemed unconstitutional.
C. This Code amendment is only necessary for the crime of harassment
contained in City Code Section 17-126(a)(4); therefore no other subsections of Section
17-126 or other sections of City Code are impacted.
D. Additionally, the current Code section uses “he or she”. To be inclusive, it is
proposed to change the language to “them” or “they”.
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 Section 17-126 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-126. - Harassment.
(a) A person commits harassment if, with intent to harass, annoy or alarm another
person, they:
(1) Strike, shove, kick or otherwise touch a person or subject them to physical
contact; or
(2) In a public place direct obscene language or make an obscene gesture to
or at another person; or
(3) Follow a person in or about a public place; or
(4) Initiate communication with a person, anonymously or otherwise, by
telephone, telephone network, data network, text message, instant message,
computer, computer network or computer system in a manner intended to threaten
bodily injury or property damage, or make any comment, request, suggestion or
Page 72
Item 7.
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proposal by telephone, computer, computer network or computer system which is
obscene; or
(5) Make a telephone call or cause a telephone to ring repeatedly, whether or
not a conversation ensues, with no purpose of legitimate conversation; or
(6) Make repeated communications at inconvenient hours that invade the
privacy or another and interfere in the use and enjoyment of another's home or
private residence or other private property; or
(7) Repeatedly insult, taunt or challenge another in a manner likely to provoke
a violent or disorderly response.
. . .
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on the December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Alyssa Bamonti
Page 73
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 183, 2024, Declaring a Portion of City-Owned
Property at Schoolside Park as Public Right of Way.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, declares 0.141
acres (the “ROW Parcel”), more or less, being a portion of City property presently known as
Schoolside Park as public right of way for South Timberline Road and related improvements,
including public utilities, pedestrian, transit, and bicycle access and improvements, and
landscaping.
The ROW Parcel was part of the Timberline Road Widening Project, which was completed
earlier this year. It is now necessary to file formal documentation declaring the ROW Parcel as
a public right of way because the approval of Schoolside Park, which is currently in the final
phase of the Building Development Review process, requires that this right-of-way be declared.
Page 74
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Jennifer Torrey, Park Planning and Development Lead Specialist
Mark Laken, Civil Engineer II
SUBJECT
Second Reading of Ordinance No. 183, 2024, Declaring a Portion of City-Owned Property at
Schoolside Park as Public Right of Way.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, declares 0.141 acres (the
“ROW Parcel”), more or less, being a portion of City property presently known as Schoolside Park as public
right of way for South Timberline Road and related improvements, including public utilities, pedestrian,
transit, and bicycle access and improvements, and landscaping.
The ROW Parcel was part of the Timberline Road Widening Project, which was completed earlier this year.
It is now necessary to file formal documentation declaring the ROW Parcel as a public right of way because
the approval of Schoolside Park, which is currently in the final phase of the Building Development Review
process, requires that this right-of-way be declared.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Schoolside Park is comprised of 5.438 acres, more or less, being all of Lot 1 of the Lehman-Timberline
Minor Land Division, as depicted in that certain Plat recorded June 19, 2013, at Reception No.
20130046276, Clerk and Recorder’s Records, Larimer County, Colorado. The land was originally
conveyed to the City by Lehman Farm, LLC, in that certain General Warranty Deed dated November 4,
2013, recorded at Reception No. 20130083813, Clerk and Recorder’s Records, Larimer County, Colorado.
The land is currently managed by the City’s Parks Department.
The City plans to start construction for Schoolside Park in the Spring of 2025, and p lanned park features
include seating, passive and active recreational spaces, walking paths, natural spaces, a playground, a
basketball court, a rectangular field, picnic areas, and an outdoor event space.
During the Development Review process, it was discovered that the ROW Parcel was part of the Timberline
Road Widening Project (the “Project”) and should be declared as public right of way because construction
of a sidewalk and related improvements on the ROW Parcel has already been completed by the City.
Page 75
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The project team worked closely with the Parks Department during the design and construction of the
Project. Accordingly, no trees were impacted or replaced during the Project, and any damaged surface
areas have been restored in accordance with City plans, specifications, and requirements.
City Staff intends to record the Ordinance associated with this agenda item pursuant to Section 23-111(a)
of the City Code because converting a piece of property owned by the City in fee simple to right of way is
tantamount to a conveyance of an interest in the property, which requires City Council action.
There was no compensation required from Parks for the Project because the Parks Department and/or the
Engineering Department have covered the costs associated with improvements installed along Timberline
Road. This funding supports enhancements to public access, landscaping, and overall usability, aligning
with Parks’ commitment to community-focused improvements and infrastructure development.
CITY FINANCIAL IMPACTS
There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Approval or review by the Parks and Recreation Board is not required. Council adopted the 2021 Parks
and Recreation Master Plan, which identifies the development of Schoolside Park.
PUBLIC OUTREACH
The 2021 Parks and Recreation Master Plan included numerous public meetings and significant outreach
efforts.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 76
Item 8.
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ORDINANCE NO. 183, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING A PORTION OF CITY-OWNED PROPERTY AT
SCHOOLSIDE PARK AS PUBLIC RIGHT-OF-WAY
A. The City owns a parcel of property near Bacon Elementary School known
as Schoolside Park (the “Property”). The Property is approximately 5.438 acres in size.
B. The City plans to start construction of Schoolside Park in 2025.
C. During the Development Review process for Schoolside Park, the City
discovered that a 0.141 acre portion of the Property (the “ROW Parcel”) was part of the
Timberline Road Widening Project and should be declared as public right -of-way because
construction of a sidewalk and related improvements on the ROW Parcel ha ve already
been completed by the City. The ROW Parcel is more specifically described on Exhibit
“A”, which is attached hereto and incorporated herein by this reference.
D. In order to establish a public record that the ROW Parcel is intended for use
by the City as right-of-way for a public roadway and related improvements, including
public utilities, pedestrian, transit and bicycle access and improvements, landscaping,
and such other related purposes as may now or in the future be determined appropriate,
staff recommends that the City Council declare the ROW Parcel to be right-of-way.
E. Converting a piece of property owned by the City in fee simple to right-of
way constitutes a conveyance of an interest in the property, as doing so creates certain
public rights in the property that would not otherwise exist on City-owned property.
F. Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided
the City Council first finds, by ordinance, that such sale or other disposition is in the best
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 declares that the real property described on
Exhibit "A" shall constitute right-of-way for South Timberline Road and related
improvements, including for public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future
be determined appropriate, and hereby finds that such declaration is in the best interests
of the City.
Section 2. The City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder's office once the Ordinance
becomes effective.
Page 77
Item 8.
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Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Ted Hewitt
Page 78
Item 8.
Legal Description and Depiction (Page 1 of 2)
EXHIBIT A TO ORDINANCE NO. 183, 2024
Page 79
Item 8.
EXHIBIT A TO ORDINANCE NO. 183, 2024
Page 80
Item 8.
File Attachments for Item:
9. Second Reading of Ordinance No. 184, 2024, Authorizing the Conveyance of a
Permanent Waterline Easement on Cathy Fromme Prairie Natural Area to the Fort Collins-
Loveland Water District.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, seeks
authorization to approve the conveyance of a permanent waterline easement to Fort Collins-
Loveland Water District (FCLWD) on 0.089 acres in the southwestern corner of Cathy Fromme
Prairie Natural Area. FCLWD intends to construct a six million (6,000,000) gallon tank on
Larimer County’s landfill property and a 30” feeder waterline to increase reliability and resilience
of FCLWD’s existing facilities. The 30” waterline will run east from the new tank and connect in
with an existing 36” waterline that runs north-south along Cathy Fromme’s western boundary.
The project has been processed through Fort Collins’ 1041 permit procedures and was issued a
Finding of No Significant Impact (FONSI).
Page 81
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Donahue, Natural Areas Director
Julia Feder, Environmental Program Manager
Tawnya Ernst, Land Conservation Lead Specialist
Jonathan Piefer, Senior Real Estate Specialist
SUBJECT
Second Reading of Ordinance No. 184, 2024, Authorizing the Conveyance of a Permanent Waterline
Easement on Cathy Fromme Prairie Natural Area to the Fort Collins-Loveland Water District.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, seeks authorization to
approve the conveyance of a permanent waterline easement to Fort Collins-Loveland Water District
(FCLWD) on 0.089 acres in the southwestern corner of Cathy Fromme Prairie Natural Area. FCLWD
intends to construct a six million (6,000,000) gallon tank on Larimer County’s landfill property and a 30”
feeder waterline to increase reliability and resilience of FCLWD’s existing facilities. The 30” waterline will
run east from the new tank and connect in with an existing 36” waterline that runs north-south along Cathy
Fromme’s western boundary. The project has been processed through Fort Collins’ 1041 permit
procedures and was issued a Finding of No Significant Impact (FONSI).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The 1,154-acre Cathy Fromme Prairie Natural Area is located south of Harmony Road and spans from
Shields Street on the east to a half mile west of Taft Hill Road. The grassland habitat at Cathy Fromme
supports a variety of plants and animals including horned lizards, ground-nesting songbirds, butterflies,
rabbits, coyotes and rattlesnakes. The natural area was acquired in 12 transactions between 1993 and
2019. The proposed easement would cross the southwest corner of Cathy Fromme Prairie at the juncture
of Taft Hill and Trilby Roads.
FCLWD (formed in 1961) serves 60,000+ residents in parts of Fort Collins, Loveland, Timnath, Windsor
and unincorporated Larimer County. FCLWD obtains its water from North Poudre Irrigation Company, the
Colorado-Big Thompson (C-BT) project, Josh Ames, Divide Canal and Reservoir Company and Windsor
Reservoir Company.
Natural Areas staff were contacted in late 2023 about the potential request for a waterline easement.
FCLWD informed staff of their need to construct a new treated water storage tank, just north of the existing
Page 82
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
FCLWD Trilby 4-million (4,000,000) gallon water tank and an associated waterline. The proposed new tank
will be located on the County’s landfill property, near the County’s proposed Solid Waste Transfer Station,
being approximately 0.9 miles northwest of the intersection of W Trilby Road and S Taft Hill Road. A 30”
feeder waterline is proposed to be constructed from the new water tank and run south-eastward to connect
with FCLWD’s existing 36” waterline on Cathy Fromme Prairie (See Alternative B discussion below). The
project will increase the reliability of FCLWD’s existing facilities. Without this increased storage and
waterline connectedness, FCLWD customers could experience reductions in their potable water reliability
during unplanned events and emergencies.
FCLWD was issued a letter from Larimer County stating they were exempted from the County’s 1041
process. However, since the project involves a significant extension of existing domestic water systems
and impacts City-owned property, it triggered the City’s new 1041 permit process. NAD staff reviewed
documents submitted during the 1041 process and participated in an initial conversation with the applicant.
In mid-September, the project was issued a FONSI.
FCLWD submitted the following alternative designs for consideration in both the Community Development
and Neighborhood Services led 1041 process and the NAD easement application.
Alternative A
This alternative would occur within the road right-of-way. Due to the depth of the existing 36” waterline to
which the proposed 30” waterline must connect, this excavation would likely exceed 15’ in depth. In
addition, groundwater is known to exist at this depth, further complicating the excavation and stabilization
plans. This would result in a significant excavation footprint that would significantly impact the Trilby
roadway, east of the Taft Hill intersection. This alternative also has significantly increased potential
complications due to the congested nature of below-grade facilities (pipes, traffic signal communication
and sensing loops, gas lines, fiber optic lines) at this intersection. Lastly, the complicated nature of this
alternative would extend the construction window, and therefore extend and increase t he risks and traffic
control frustrations associated with the project. Deeper excavation and longer windows of construction in
groundwater increase the risks associated with this alternative. This is compounded by any groundwater
treatment that is required through CDPHE groundwater-dewatering and discharge permits if naturally
occurring or landfill contaminants are encountered. Future repairs or replacement will replicate these
impacts to residents and vehicular traffic. This will become increasingly important as area population grows,
and roadway templates and traffic loads correspondingly increase.
Alternative B (Preferred)
Alternative B is preferred by City Staff and will be incorporated into the proposed Ordinance. This
alternative would cross Cathy Fromme in the extreme southwest corner of the natural area at the Taft Hill
and Trilby Road intersection. In this alternative, the new waterline would run east under Taft Hill Road,
below a 60’-wide parcel owned by Larimer County and tie into the existing 30’-wide FCLWD waterline on
Cathy Fromme. The existing waterline runs parallel to Taft Hill Road for approximately 2 miles. The
proposed easement area would encompass 0.089 acres and would sandwich the existing FCLWD
waterline with two nearly identical rectangle parcels (0.052 acres and 0.037 acres). Construction would be
limited to connecting to the existing 36” waterline and digging a compact “trench box” for the drilling and
boring equipment. The bore pit will be located entirely on County property and a trench (roughly 10’ deep)
will extend east to the existing waterline on Cathy Fromme.
Were other options analyzed/considered?
One alternative that was not submitted as a part of the final 1041 application would have crossed on the
south side of Trilby Road impacting almost a half mile of Coyote Ridge Natural Area. This alternative was
ruled out by FCLWD.
Page 83
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Environmental Impact
An ecological characteristics study was conducted (April-May 2024) within a 500’ buffer of the Trilby and
Taft Hill intersection. No federally listed or state-listed threatened or endangered species or their habitat
were observed. Vegetative species are typical of previously disturbed and overgrazed areas and include
introduced and native grass and herbaceous species, such as common mullein, field bindweed,
cheatgrass, musk thistle, Canada thistle, aster, prickly poppy and smooth brome. No trees exist in the
study area.
Black-tailed prairie dogs were observed. Since the affected prairie dog colony is less than one acre, no
City permit or Colorado Parks and Wildlife permit would be required for prairie dog removal. Given the
small size of the impact area (0.28 acre (including a portion of County-owned property) with a portion of
that unsuitable for prairie dogs), the method of prairie d og removal for this alternative is fumigation.
Approximately 3 burrows would be impacted.
The Colorado State Historical Preservation Office was consulted, and no recorded cultural resource sites
or areas were identified within 0.5-mile of the study area.
Considering the preferred alternative (Alternative B), the overall impact to Cathy Fromme would be
relatively minimal. Construction is anticipated to last approximately 6 weeks and is anticipated to be
completed before March 31 to avoid impacts to foraging migratory birds. Temporary impacts are anticipated
to be minor and limited to construction and revegetation activities. These impacts include surface water
runoff during precipitation events, potential groundwater discharge during construction, prairie dog and
avian habitat disruption, and revegetation of the area to ensure restoration of Cathy Fromme to its
preconstruction condition. Staff have worked closely with FCLWD to draft a restoration plan. Ongoing
impacts other than infrequent maintenance are not anticipated.
CITY FINANCIAL IMPACTS
Application fee $5,000
Mitigation Fee- $3,000/ac. @ 0.089 acres ($3,000 min.) $3,000
Easement fee - $89,734/ac. x 0.089/ac. @ 50% of fair market value $4,000 (rounded)
The application fee and mitigation fee will be paid to the Natural Areas Department to support
administrative costs and land conservation efforts. The mitigation fee is set in the easement policy and
provides a cost per acre for mitigation with a minimum of one acre. FCLWD submitted an offer letter based
on comparable sales with a value of $4,000 for the permanent easement. Real Estate Services staff also
completed a Comparative Market Analysis that supports FCLWD’s offer and indicates that it is at the high
end of the range.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its November 13, 2024 meeting, the Land Conservation and Stewardship Board voted (6-1) to
recommend that City Council approve the granting of a permanent water line easement to Fort Collins-
Loveland Water District on Cathy Fromme Prairie Natural Area.
PUBLIC OUTREACH
Public outreach occurred during the City’s 1041 process. As a part of this effort, Community Development
and Neighborhood Services sent public notifications to 1,041 residents located within 1,000 feet of the
disturbance area. Five public comments were received in response to the notifications. Additionally, the
Planning Department posted a yellow sign in front of the development area to notify the general public.
Page 84
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
Page 85
Item 9.
-1-
ORDINANCE NO. 184, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
WATERLINE EASEMENT ON CATHY FROMME PRAIRIE
NATURAL AREA TO THE FORT COLLINS-LOVELAND WATER
DISTRICT
A. The City owns Cathy Fromme Prairie Natural Area (“Cathy Fromme
Prairie”), which is located south of Harmony Road and spans from Shields Street on the
east to a half mile west of Taft Hill Road.
B. Fort Collins-Loveland Water District (“FCLWD”) provides water to more than
60,000 residents in parts of Fort Collins, Loveland, Timnath, Windsor and unincorporated
Larimer County. FCLWD seeks to construct a new treated water storage tank (the “Tank”)
south of Fort Collins to provide improved system reliability. To serve the Tank and connect
it to an existing thirty-six inch waterline on Cathy Fromme Prairie, FCLWD proposes to
construct a thirty-inch feeder waterline (the “Waterline”) on Cathy Fromme Prairie. This
would require the City to grant FCLWD an easement (the “Easement”) over .089 acres of
Cathy Fromme Prairie.
C. In accordance with the City’s Natural Areas Easement policy, the City will
charge FCLWD an application fee of $5,000 and a mitigation fee of $3,000. Additionally,
the City will charge FCLWD an easement fee representing the fair market value for the
right to the Easement, which is approximately $4,000. A legal description of the Easement
is attached hereto as Exhibit “A” and incorporated herein by this reference. The Easement
will include standard City terms and conditions for a waterline ea sement, including a
requirement for FCLWD to minimize disturbance to the natural features of Cathy Fromme
Prairie.
D. Because the Waterline involves a significant extension of existing domestic
water systems and impacts City-owned property, it triggered the City’s 1041 permit
process. After review of FCLWD’s 1041 application, the City issued the Waterline project
a Finding of No Significant Impact (“FONSI”), which is attached hereto as Exhibit “B” and
incorporated herein by this refernece. The FONSI contains several planning and financial-
security conditions for FCLWD to meet prior to beginning construction of the Waterline.
E. Section 23-111(a) of the City Code authorizes the City Council to dispose
of interests in real property owned in the name of the City provided that the City Council
first finds, by ordinance, that such disposition is in the best interests of the City. Per
Section 23-114 of the City Code, any such disposition must be for an amount equal to or
greater than the fair market value, subject to a certain exception.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 86
Item 9.
-2-
Section 1. The City Council hereby finds that the conveyance of the Easement
is in the best interests of the City.
Section 2. The conveyance of the Easement is contingent upon FCLWD
meeting the pre-construction conditions contained in the FONSI.
Section 3. The City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey the Easement on terms and conditions consistent
with this Ordinance, together with such terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect
the interests of the City, including any necessary changes to the legal description of the
Easement that do not materially increase the size or impacts of the Easement .
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Ted Hewitt
Page 87
Item 9.
PERMANENT EASEMENT DESCRIPTION
Exhibit-A
(1 of 3)
A portion of City of Fort Collins Property, recorded December 11, 2001 under Reception No.
2001112633 of the Records of Larimer County, situate in the Southwest Quarter (SWl/4) of
Section Ten (10), Township Six North (T.6N), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian (6th P.M.), Larimer County, State of Colorado and being more particularly
described as follows:
Permanent Easement Parcel 1:
COMMENCING at the Southwest comer of said Section 10 and assuming the West line of the
(SW l/4), as bearing North 02 °02'30" East being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/2011, a distance of2672.88 feet
with all other bearings contained herein relative thereto;
THENCE North 71 °33'55 11 East a distance of 96.07 feet to the intersection of the Northerly Right
of Way of West Trilby Road and the East line of Larimer County Property as deed October 27,
1980 under Reception No 385173 of the Records of Larimer County, and to the Parcel 1 POINT
OF BEGINNING;
THENCE North 02°02'3011 East along the East line of said Larimer County Property, a distance
of 92.03 feet;
THENCE North 90 °00'00 11 East a distance of 24.59 feet to a Point of Curvature (PC) along the
Westerly edge of an existing 30.00-foot waterline easement recorded at Reception No.
2001120740 of the Records of Larimer County Clerk and Recorder;
The following Two courses and distances are along said Westerly edge of waterline
easement.
THENCE along a non-tangent curve concave to the West a distance of 24.79 feet, said curve has
a radius of2485.00 feet, a Delta of00 °34'18 11 , and is subtended by a Chord bearing of South
01 °45'2111 West a distance of 24.79 feet to a Point of Tangency (PT);
THENCE South 02 °02'30 11 West a distance of 67.13 feet to the Northerly Right of Way of West
Trilby Road and to a point hereinafter referred to as POINT "A";
THENCE South 89 °45'4211 West along said Northerly Right of Way a distance of 24.72 feet to
the Parcel 1 POINT OF BEGINNING;
Said easement contains 2,271 sq. ft./ 0.052 acres more or less(+/-), and is subject to any rights
of-way or other easements of record as now existing on said described parcel of land.
Together With Permanent Easement Parcel 2:
COMMENCING at the aforesaid POINT "A";
THENCE North 89 °45'42 11 East along the Northerly Right of Way of West Trilby Road a
distance of 30.02 feet to the Easterly edge of an existing 30.00-foot waterline easement recorded
at Reception No.2001120740 of the Records of Larimer County Clerk and Recorder, and to the
Parcel 2 POINT OF BEGINNING;
The following Two courses and distances are along said Easterly edge of waterline
easement.
THENCE North 02°02'30 11 East a distance of 65.93 feet to a PC;
THENCE along the arc of a curve concave to the West a distance of25.86 feet, said curve has a
Radius of 2515.00 feet, a Delta of 00°35'21" and is subtended by a Chord bearing North
01 °44'49 11 East a distance of 25.86 feet to a PT;
THENCE North 90 °00'00 11 East a distance of 16.80 feet;
P:\202301 l 7\DESCRIPTIONS\202301 l 7EX 07.docx
EXHIBIT A TO ORDINANCE NO. 184, 2024
Page 88
Item 9.
EXHIBIT A TO ORDINANCE NO. 184, 2024
Page 89
Item 9.
EXHIBIT A TO ORDINANCE NO. 184, 2024
Page 90
Item 9.
EXHIBIT B TO ORDINANCE NO. 184, 2024
Page 91
Item 9.
EXHIBIT B TO ORDINANCE NO. 184, 2024
Page 92
Item 9.
EXHIBIT B TO ORDINANCE NO. 184, 2024
Page 93
Item 9.
EXHIBIT B TO ORDINANCE NO. 184, 2024
Page 94
Item 9.
File Attachments for Item:
10. Second Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer County
Regional Transportation Capital Expansion Fee Schedule.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, adopts the 2025
Larimer County Regional Transportation Capital Expansion Fee Schedule.
Page 95
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Civil Engineer
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, adopts the 2025 Larimer
County Regional Transportation Capital Expansion Fee Schedule.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In 2000, the City and Larimer County (the “County”) entered into an intergovernmental agreement (the
“IGA”) authorizing the City to collect Larimer County Regional Transportation Capital Expansion Fees
(“Regional TCEFs”) on behalf of the County. The Regional TCEFs generate revenue for capacity-related
improvements to regionally significant roadways that are necessitated by new development. The regional
TCEFs are used only for improvements that mutually benefit both the City and the County. Regional TCEFs
are collected at the time of issuance of a building permit.
Per the IGA, the County serves as the Regional TCEF administrator and is responsible to develop project
recommendations for fee utilization. The County’s recommendations typically are based on the County’s
Transportation Master Plan, a document that identifies regionally significant roadways. Once a project has
been identified, City and County staff work together to determine Regional TCEF funding allocations.
Regional TCEFs frequently are leveraged with other funds to support larger scale capital projects and can
fully support small scale capacity-related improvements.
The City and County have previously partnered to design and construct several projects along regionally
significant roadways using Regional TCEFs, including improvements to Taft Hill Road, Shields Street, and
the Shields Street/Vine Drive intersection. City and County staff continue to collaborate on efficient and
effective uses for the Regional TCEF funds; most recently agreeing to use these funds to improve a section
of Taft Hill Road between Horsetooth Road and Harmony Road.
The calculated increase to the 2025 Regional TCEF, considered by the Larimer County Board of County
Commissioners (the “BCC”), was 17.2%. This increase was calculated based on the Colorado Construction
Page 96
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Cost Index reported by the Colorado Department of Transportation (eight-quarter moving average). A copy
of the May 20, 2024, “Transportation Capital Expansion Fee Adjustments for 2024” memorandum to the
BCC and the final BCC approval memo for administrative matters from their May 20, 2024, work session
is attached as Exhibit A to the Ordinance.
The Larimer County Land Use Code directs that the Regional TCEF must be updated annually to reflect
changes in road construction costs during the previous year. However, the County’s Land Use Code further
directs that an annual change in the Regional TCEF of less than 5% shall become effective without further
action by the BCC, while an annual change more than 5% shall be determined by the BCC. Based on the
Commissioner’s input at the BCC May 20, 2024, work session, a 10% increase to the 2025 Regional TCEF
was proposed. On June 4, 2024, the BCC adopted a 10% increase on consent.
The revised (2025) Regional TCEFs, along with a comparison to the 2024 Regional TCEFs, are as follows:
Development Type 2024 Regional
Road TCEF
2025 Regional
Road TCEF
Increase
or Decrease
Residential (per Dwelling) by Square Feet of Finished Living
Space
900 or less $233 $256 $23
901 to 1300 $327 $360 $33
1301 to 1800 $396 $437 $41
1801 to 2400 $464 $511 $47
2401 to 3000 $520 $572 $52
3001 to 3600 $564 $621 $57
3601 or more $605 $666 $61
Nonresidential (per 1,000 Square Feet of Floor Area)
Commercial $610 $672 $62
Office & Other Services $360 $396 $36
Industrial $144 $158 $14
The 2025 Regional Road TCEF fee increase became effective within the County on July 1, 2024. Under
the IGA, revisions to the Regional TCEFs do not take effect in the City until Council approves a new fee
schedule.
CITY FINANCIAL IMPACTS
The fees are collected on behalf of Larimer County and the Regional TCEF program. Revenues from the
fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20 of
the Constitution of the State of Colorado. The City retains a 2% administrative fee. Adoption of the Regional
TCEF Schedule will result in an increase to development fee payers.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
City staff did not present this item to any Boards and Commissions as the fees are being adjusted based
on inflation.
Page 97
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
As these fees are managed and administered by Larimer County, City staff did not participate in scheduled
public outreach.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 98
Item 10.
-1-
ORDINANCE NO. 185, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2025 LARIMER COUNTY REGIONAL
TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE
A. The City and Larimer County (the “County”) previously entered into an
intergovernmental agreement (the “IGA”), as amended from time to time, whereby the
City collects a Regional Transportation Capital Expansion Fee (also known as a “regional
road impact” fee) on behalf of Larimer County at the time of issuance of building permits,
which fee raises revenue for road improvements on regionally significant roadways that
are necessitated by new development.
B. The City and the County have established a procedure pursuant to City
Code Section 7.5-82 for the City Council to consider and approve any County-proposed
changes to the Regional Transportation Capital Expansion Fee schedule (the “Regional
TCEF Schedule”) to reflect changes in construction costs, or other relevant factors.
C. The last changes to the Regional TCEF Schedule were accomplished by
City Council’s adoption of Ordinance No. 025, 2024.
D. On June 4, 2024, after reviewing calculations and data analyzing increases
in road construction costs based on an eight-quarter moving average calculated from the
Colorado Construction Cost Index data compiled by the Colorado Department of
Transportation, the County approved a 10% increase to the 2025 Regional Transportation
Capital Expansion Fee.
E. Under the terms of the IGA, revisions to the Regional TCEF Schedule do
not take effect in the City until the City Council approves the new fee schedule.
F. The City Council has determined that it is in the best interests of the City
that the County’s proposed changes to the Regional TCEF Schedule be adopted to
further the public interest of adequately funding road improvements that are necessitated
by new developments along regionally significant roadways that impact the City
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the 2025 Larimer County Regional Transportation Capital
Expansion Fee Schedule attached hereto as Exhibit “A” and incorporated herein by
reference is hereby adopted and approved and shall go into effect in Fort Collins upon
the effective date of this Ordinance.
Page 99
Item 10.
-2-
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Diane Criswell
Page 100
Item 10.
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 101
Item 10.
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 102
Item 10.
LARIMER COUNTY | ENGINEERING DEPARTMENT
P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org
MEMORANDUM
TO: Board of County Commissioners
FROM: Mark Peterson, County Engineer
DATE: May 20, 2024
RE: Transportation Capital Expansion Fee Adjustments for 2024
Since 1998, under the terms of the Land Use Code, Larimer County has been collecting
Transportation Capital Expansion Fees (TCEF) from new traffic generating development. The
TCEF can only be used for capacity related improvements to Larimer County’s roadway
system. Fees are based on maintaining an adequate Level of Service (LOS) on the mainline
County Road system.
TCEF’s were last studied in 2018 and annual adjustments based on construction cost inflation
factors have been applied since that time. Specifically, the Land Use Code stipulates that “The
fees in the road fee schedule shall be updated annually by the Fee Administrator to reflect
changes in road construction costs during the previous year.” The fee update methodology
used to calculate the annual TCEF adjustment is specified in the Land Use Code and is
intended to reflect changes in road construction costs. The current method uses is an 8-quarter
moving average of the quarterly Construction Cost Index (CCI) data compiled and reported by
the Colorado Department of Transportation (CDOT).
Engineering Staff reviews the TCEF schedule annually and notifies the Board of County
Commissioners (BCC) of the results. For 2024, the TCEF change was calculated as an
increase of 17.2% from the 2023 values. As an example of what a 17.2% increase would
mean, the TCEF on a new single-family home (between 1,801 SF – 2,400 sf) would increase
by $1,036, from $6,026 to $7,062.
The procedure spelled out in the Land Use Code states that, “if the change in fees is less than
or equal to 5%, the new fees become effective without further action by the BCC. If the change
in fees is greater than 5%, the BCC shall determine the percentage to be used to update the
fees.” Since the calculated percentage change of 17.2% is greater than 5%, we are seeking
input from the BCC on the percentage to be used for the TCEF schedule for the upcoming
year. We have provided fee adjustment options for the BCC to consider below.
Additional factors influencing our recommendation for the magnitude of a fee adjustment for
2024 are:
• Last year’s CCI adjustment was 22.4%.
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 103
Item 10.
May 20, 2024
Transportation Capital Expansion Fee Adjustments
Page 2
• The TCEF fee structure is being re-analyzed using updated traffic predictions and cost
data as part of the Larimer County Transportation Master Plan update. Staff will bring
the updated Transportation Master Plan and TCEF Fee Study to the BCC for
consideration in 2025.
Fee Adjustment Options for consideration:
OPTION 1: (17.2%)
Option 1 is to set the 2024 TCEF Scheduled based on the calculated percentage
change (17.2%). Table 1 (Attached) provides the existing 2023 Fee Schedule, the 2024
Schedule that would be effective based on a 17.2% increase, and the net change in
Fee amounts between the 2023 and 2024 Schedules.
OPTION 2: (5.0%)
Option 2 is to adjust the 2024 Fee Schedule based on the maximum adjustment
amount allowed without BCC approval (5.0%). This fee adjustment recognizes that
some level of fee increase is warranted, however it defers further action until the
updated TCEF study results become available. Table 2 (Attached) below provides the
existing 2023 Fee Schedule, the 2024 Schedule that would be effective based on a
5.0% increase, and the net change in Fee amounts between the 2023 and 2024
Schedules.
OPTION 3: (TBD)
Option 3 is to adjust the 2024 Fee Schedule based on another amount recommended
by the Board. Staff can provide a Fee Schedule if an amount other than those
presented in Option 1 or Option 2 is recommended by the Board.
Staff Recommendation and Request for Direction:
Since the TCEF program is being reevaluated in conjunction with the Transportation master
plan update, staff recommends that the Commissioners consider Option 2 for the 2024 TCEF
adjustment. Any new TCEF’s established by the updated TCEF Study that is underway will be
presented to the Board of County Commissioners for consideration in 2025.
Based on the input given, staff will provide a 2024 TCEF Schedule for adoption at an upcoming
Administrative Matters Meeting. The adopted fee schedule is to be made effective on July 1,
2024. This is consistent with the specified annual effective date listed in the Land Use Code
and with the annual cost-of-living adjustments for other Community Development services
and/or impact fees.
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 104
Item 10.
May 20, 2024
Transportation Capital Expansion Fee Adjustments
Page 3
Table 1:Option 1 - 17.2% Adjustment
Residential TCEF
Finished Living Space per Dwelling
(Square Feet)
2023 TCEF
(Current)
($)
2024 TCEF
(with 17.2% Increase)
($)
Increase
($)
900 or less $3,047 $3,571 $524
901-1300 $4,273 $5,008 $735
1301-1800 $5,147 $6,032 $885
1801-2400 $6,026 $7,062 $1,036
2401-3000 $6,761 $7,924 $1,163
3001-3600 $7,359 $8,625 $1,266
3601 or more $7,867 $9,220 $1,353
Non-Residential TCEF
Non-Residential Use
(per 1,000 SF of Floor Area)
2023 TCEF
(Current)
($)
2024 TCEF
(with 17.2% Increase)
($)
Increase
($)
Industrial $1,874 $2,194 $322
Commercial $7,895 $9,252 $1,358
Office & Other Services $4,646 $5,444 $799
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 105
Item 10.
May 20, 2024
Transportation Capital Expansion Fee Adjustments
Page 4
Table 2: Option 2 - 5.0% Adjustment
Residential TCEF
Finished Living Space per Dwelling
(Square Feet)
2023 TCEF
(Current)
($)
2024 TCEF
(with 5.0% Increase)
($)
Increase
($)
900 or less $3,047 $3,200 $153
901-1300 $4,273 $4,486 $213
1301-1800 $5,147 $5,405 $258
1801-2400 $6,026 $6,327 $301
2401-3000 $6,761 $7,099 $338
3001-3600 $7,359 $7,727 $368
3601 or more $7,867 $8,260 $393
Non-Residential TCEF
Non-Residential Use
(per 1,000 SF of Floor Area)
2023 TCEF
(Current)
($)
2024 TCEF
(with 5.0% Increase)
($)
Increase
($)
Industrial $1,874 $1,965 $93
Commercial $7,895 $8,289 $395
Office & Other Services $4,646 $4,877 $232
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 106
Item 10.
May 20, 2024
Transportation Capital Expansion Fee Adjustments
Page 5
Table 3: Comparison of 2024 Adjustment Options (Current, Option 1, and Option 2)
Residential TCEF
Finished Living Space per Dwelling
(Square Feet)
2023 TCEF
(Current)
($)
Option 2: 2024 TCEF
(with 5.0% Increase)
($)
Option 1: 2024 TCEF
(with 17.2% Increase)
($)
900 or less $3,047 $3,200 $3,571
901-1300 $4,273 $4,486 $5,008
1301-1800 $5,147 $5,405 $6,032
1801-2400 $6,026 $6,327 $7,062
2401-3000 $6,761 $7,099 $7,924
3001-3600 $7,359 $7,727 $8,625
3601 or more $7,867 $8,260 $9,220
Non-Residential TCEF
Non-Residential Use
(per 1,000 SF of Floor Area)
2023 TCEF
(Current)
($)
Option 2: 2024 TCEF
(with 5.0% Increase)
($)
Option 1: 2024 TCEF
(with 17.2% Increase)
($)
Industrial $1,874 $1,965 $2,194
Commercial $7,895 $8,289 $9,252
Office & Other Services $4,646 $4,877 $5,444
EXHIBIT A TO ORDINANCE NO. 185, 2024
Page 107
Item 10.
File Attachments for Item:
11. Second Reading of Ordinance No. 186, 2024, Appropriating Prior Year Reserves in the
Water Fund and the Wastewater Fund for the Transfer of Fleet Vehicles Between the
Water and Wastewater Utilities.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates
prior year reserves in the Water and Wastewater Funds to purchase fleet equipment at fair
market value between Operational Divisions of the Water Field Operations Department.
Page 108
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Andrew S. Gingerich, P.E., Director of Water Field Operations
Phil Ladd, Manager of Utility Financial Operations
SUBJECT
Second Reading of Ordinance No. 186, 2024, Appropriating Prior Year Reserves in the Water Fund
and the Wastewater Fund for the Transfer of Fleet Vehicles Between the Water and Wastewater
Utilities.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates prior year
reserves in the Water and Wastewater Funds to purchase fleet equipment at fair market value between
Operational Divisions of the Water Field Operations Department.
STAFF RECOMMENDATION
Staff recommends adoption on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Department of Water Field Operations within Fort Collins Utilities is comprised of four operational
Divisions: (1) Water Distribution, (2) Wastewater Collection, (3) Stormwater Collection, and (4) Water
Meters. These four Divisions are funded by three funding sources: Water Fund, Wastewater Fund, and
Stormwater Fund. In lieu of purchasing a new and budgeted Combo Vac Truck for $650,000, the Water
Distribution Division took ownership of the Wastewater Collection Division’s used Combo Vac Truck for the
fair market value of $61,800. In exchange the Wastewater Collection Division took ownership of the Water
Division’s new Jet Wash Truck for the fair market value of $361,478. These equipment purchases between
these two Water Field Operation Divisions were completed due to business need changes and improved
operational work planning and efficiency. After the appropriations are completed from both the Water and
Wastewater Funds for these purchases, the net difference will result in $299,678 from the Wastewater
Fund to the Water Fund.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $61,800 from the Water Fund Prior Year Reserves for the purchase of the
Combo Vac Truck at fair market value. This Ordinance will also appropriate $361,478 from the Wastewater
Fund Prior Year Reserves for the purchase of the Jet Wash Truck at fair market value.
Page 109
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
As of the end of 2023, the Water Enterprise Fund had $17.7M and the Wastewater Enterprise Fund had
$13.5M unappropriated in excess of the minimum required reserves. It is expected that reserves in both
funds will increase by the end of 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 110
Item 11.
- 1 -
ORDINANCE NO. 186, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER
FUND AND THE WASTEWATER FUND FOR THE TRANSFER OF
FLEET VEHICLES BETWEEN THE WATER AND WASTEWATER
UTILITIES
A. The City owns and operates Fort Collins Utilities, which includes a Water
Utility, Wastewater Utility, and Stormwater Utility.
B. Fort Collins Utilities’ Department of Water Field Operations is comprised of
four operational Divisions: (1) Water Distribution, (2) Wastewater Collection,
(3) Stormwater Collection, and (4) Water Meters. These four Divisions are funded by
three funding sources: Water Fund, Wastewater Fund, and Stormwater Fund.
C. Instead of purchasing a new Combo Vac Truck for $650,000, the Water
Distribution Division has taken ownership of the Wastewater Collection Division’s used
Combo Vac Truck for the fair market value of $61,800. In exchange the Wastewater
Division has taken ownership of the Water Division’s new Jet Wash Truck from the Water
Division for the fair market value of $361,478.
D. This transfer of ownership between the Divisions requires: an appropriation
of $61,800 from the Water Fund Prior Year Reserves; and an appropriation of $361,478
from the Wastewater Fund Prior Year Reserves.
E. These appropriations benefit the public health, safety, and welfare of the
residents of Fort Collins and serve the public purpose of addressing the business needs
of the Water Distribution Division and the Wastewater Collection Division, and to improve
their operational work planning and efficiency, such that the Water Utility and Wastewater
Utility can better provide services to their customers and ratepayers.
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 appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Water Fund and the Wastewater Fund and will not cause the total amount
appropriated in the Water Fund or the Wastewater Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in th e respective
Funds during this fiscal year.
Page 111
Item 11.
- 2 -
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Water
Fund the sum of SIXTY-ONE THOUSAND EIGHT HUNDRED DOLLARS ($61,800) to be
expended in the Water Fund for the purchase of a Combo Vac Truck.
Section 2. There is hereby appropriated from prior year reserves in the
Wastewater Fund the sum of THREE HUNDRED SIXTY-ONE THOUSAND FOUR
HUNDRED SEVENTY-EITGHT DOLLARS: ($361,478) to be expended in the
Wastewater Fund for the purchase of a Jet Wash Truck
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Eric Potyondy
Page 112
Item 11.
File Attachments for Item:
12. Second Reading of Ordinance No. 187, 2024, Amending Section 2-596 of the Code of
the City of Fort Collins and Setting the Salary of the City Manager.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City
Code to establish the 2025 salary of the City Manager. Council met in executive session on
November 26, 2024, to conduct the performance review of Kelly DiMartino, City Manager, and
to consider the salary market analysis for this position.
Page 113
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
SUBJECT
Second Reading of Ordinance No. 187, 2024, Amending Section 2-596 of the Code of the City of
Fort Collins and Setting the Salary of the City Manager.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to
establish the 2025 salary of the City Manager. Council met in executive session on November 26, 2024,
to conduct the performance review of Kelly DiMartino, City Manager, and to consider the salary market
analysis for this position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market based, competitive and
based on performance. The goal as an employer is to attract, retain, engage, develop and reward a diverse
and competitive workforce to meet the needs of the community now and in the future.
The 2024 salary for the City Manager was $314,987.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council's discussion during recent performance review, staff has recommended the 2025 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2025 compensation for the
City Manager.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary for the City Manager as approved by Council.
Page 114
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 115
Item 12.
-1-
ORDINANCE NO. 187, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-596 OF THE CODE OF THE
CITY OF FORT COLLINS AND SETTING THE SALARY
OF THE CITY MANAGER
A. Pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager.
B. The City is committed to compensating its employees in a manner that is
fair, competitive and understandable.
C. The City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance and may adjust
the salary of the City Manager to bring that salary more in line with the approved market
data.
D. The City Council met with the City Manager on November 26, 2024, to
conduct a review and establish next year’s goals.
E. The City Council believes that the base salary of the City Manager should
be established at the amount of $330,736 effective January 6, 2025.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-596 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-596. - Salary of the City Manager.
The base salary to be paid the City Manager shall be three hundred thirty thousand
seven hundred thirty-six dollars ($330,736) per annum, payable in biweekly
installments. Forty (40) percent of such sum shall be charged to the city electric
utility, twenty (20) percent to the city water utility and forty (40) percent to general
government expense.
Section 2. The effective date of the salary adjustment shall be January 6, 2025.
Page 116
Item 12.
-2-
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Aaron Guin
Page 117
Item 12.
File Attachments for Item:
13. Second Reading of Ordinance No. 188, 2024, Amending Section 2-606 of the Code of
the City of Fort Collins and Setting the Salary of the Chief Judge.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City
Code to establish the 2025 compensation of the Chief Judge. A new two-year agreement for her
employment was also adopted by Resolution 2024-142. Council met in executive session on
November 26, 2024, to conduct the performance review of Jill Hueser, Chief Judge, and to
consider the salary market analysis for this position.
Page 118
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
SUBJECT
Second Reading of Ordinance No. 188, 2024, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Salary of the Chief Judge.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to
establish the 2025 compensation of the Chief Judge. A new two-year agreement for her employment was
also adopted by Resolution 2024-142. Council met in executive session on November 26, 2024, to conduct
the performance review of Jill Hueser, Chief Judge, and to consider the salary market analysis for this
position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market -based, competitive, and
tied to performance. The goal as an employer is to attract, retain, engage, develop, and reward a diverse
and competitive workforce to meet the needs of the community now and in the future. To accomplish this
goal, Council and the Chief Judge meet twice a year to discuss performance and set goals for the coming
year.
The 2024 salary of the Chief Judge is $200,130.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council’s discussion during recent performance review, staff has recommended the 2025 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2025 compensation for the
Chief Judge.
In addition, Resolution 2024-142 will authorize the Third Addendum to appoint Chief Judge Hueser to
another two-year term in her employment agreement. By Charter, contracts for municipal judges have a
two-year term. The current term established by the approval of Resolution 2022-139 expires January 1,
Page 119
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
2025. City staff is recommending Council extend Chief Judge Hueser’s appointment and employment
agreement until January 1, 2027.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary for the Chief Judge as approved by Council.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 120
Item 13.
-1-
ORDINANCE NO. 188, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF
THE CHIEF JUDGE
A. Pursuant to Article VII, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the Chief Judge.
B. The City is committed to compensating its employees in a manner which is
fair, competitive and understandable.
C. The City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday
leave, and amounts paid by the City for medical, dental, life and long -term disability
insurance.
D. Members of the City Council, with the assistance of City staff, and the Chief
Judge have discussed terms and conditions of the presumed Chief Judge’s employment,
including the base salary to be paid to the Chief Judge.
E. The City Council supports a compensation philosophy of paying employees
a competitive salary and is setting the salary of the Chief Judge based on established
market data.
F. The City Council met with the Chief Judge on November 26, 2024, to
conduct a review and establish goals for her performance.
G. The City Council believes the annual base salary of the Chief Judge for
2025 should be established at the amount of $218,141 effective January 6, 2025
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-606 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-606. - Salary of the Chief Judge.
The base salary to be paid to the Chief Judge shall be two hundred eighteen
thousand one hundred forty one dollars ($218,141) per annum, payable in
biweekly installments, which sum shall be charged to general government
expense.
Section 2. The effective date of the salary adjustment shall be January 6, 2025.
Page 121
Item 13.
-2-
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Aaron Guin
Page 122
Item 13.
File Attachments for Item:
14. Second Reading of Ordinance No. 189, 2024, Amending Section 2-581 of the Code of
the City of Fort Collins and Setting the Salary of the City Attorney.
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City
Code to establish the 2025 compensation of the City Attorney. Council met in executive session
on November 26, 2024, to conduct the performance review of Carrie Daggett, City Attorney and
to consider the salary market analysis for this position.
Page 123
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
SUBJECT
Second Reading of Ordinance No. 189, 2024, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to
establish the 2025 compensation of the City Attorney. Council met in executive session on November 26,
2024, to conduct the performance review of Carrie Daggett, City Attorney and to consider the salary market
analysis for this position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market -based, competitive, and
tied to performance. The goal as an employer is to attract, retain, engage, develop, and reward a diverse
and competitive workforce to meet the needs of the community now and in the future. To accomplish this
goal, Council and the City Attorney meet twice a year to discuss performance and set goals for the coming
year.
The 2024 salary of the City Attorney is $240,702.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council's discussion during recent performance review, staff has recommended the 2025 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2025 compensation for the
City Attorney.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary of the City Attorney as approved by Council.
Page 124
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 125
Item 14.
-1-
ORDINANCE NO. 189, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF THE CITY
ATTORNEY
A. Pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Attorney.
B. The City is committed to compensating its employees in a manner that is
fair, competitive and understandable.
C. The City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance, and may adjust
the salary of the City Attorney to bring that salary more in line with the approved market
data.
D. The City Council met with the City Attorney on November 26, 2024, to
conduct a review and establish goals for her performance.
E. The City Council believes the base salary of the City Attorney for 2025
should be established at the amount of $265,369 effective January 6, 2025.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-581 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be two hundred sixty five
thousand three hundred sixty nine dollars ($265,369) per annum, payable in
biweekly installments. Sixty (60) percent of such sum shall be charged to general
government expense, twenty (20) percent to the City water utility and twenty (20)
percent to the City electric utility.
Section 2. The effective date of the salary adjustment shall be January 6, 2025.
Page 126
Item 14.
-2-
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 27, 2024
Approving Attorney: Aaron Guin
Page 127
Item 14.
File Attachments for Item:
15. Resolution 2024-143 Approving the Design, Creation and Installation of Public Art at
the I-25 and Prospect Interchange.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the I-25 and Prospect Interchange Project. The
expenditure of $64,500 will be for design, engineering, materials, signage, fabrication, delivery,
installation, and contingency for Stephen Shachtman to create the artworks for the I-25 and
Prospect Interchange Project.
Page 128
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2024-143 Approving the Design, Creation and Installation of Public Art at the I-25 and
Prospect Interchange.
EXECUTIVE SUMMARY
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account
to commission an artist to create art for the I-25 and Prospect Interchange Project. The expenditure of
$64,500 will be for design, engineering, materials, signage, fabrication, delivery, installation, and
contingency for Stephen Shachtman to create the artworks for the I-25 and Prospect Interchange Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Section 23-303 of the Code, which was added in 1995, established the Art in Public Places (APP) Reserve
Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of
works of art, and administrative expenses related to the APP Program, in accordance with the APP
Guidelines adopted by the Council in Ordinance No. 20, 1995. In 2012, City Council permanently adopted
the APP Program, and reenacted City Code Chapter 23, Article IX, with certain modifications.
APP artist Stephen Shachtman, of Fort Collins, was selected through an RFQ process and collaborated
with the Project Team to develop artwork for this site.
The I-25 and Prospect interchange has been identified as a gateway into Fort Collins. Emphasis is placed
on the west side of the highway to create a strong sense of arrival into Fort Collins. The overall interchange
design is inspired by rock formations found around Horsetooth Reservoir. The project team worked with
local APP artist Stephen Shachtman to create artwork for a site-specific installation to further enhance the
west side of the highway.
The goal of the artwork is to reflect the identity of Fort Collins, welcome both visitors and residents and
integrate seamlessly with the surrounding landscape architecture to form a cohesive vision. The work,
Forest Stand, has eighteen stylized tree sculptures in three different heights: 22', 13', and 12'. Nine
sculptures will be placed on the top plateaus of each the north and south sides of Prospect Rd., just east
of the on- and off-ramps connecting to I-25. The sculptures will be crafted from Corten weathering steel
and will develop a rich warm orange-brown patina. The artist is working with the Project Team to integrate
the sculptures into the landscape design.
Page 129
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The funds for this item have been appropriated in the Reserve Account. The APP program also has available
appropriated maintenance funds for the long-term care of the subject artwork and the rest of the APP art
collection.
I-25 and Prospect Interchange Project art budget is $64,500 to be used for design, engineering, materials,
signage, fabrication, delivery, installation, and contingency for this artwork.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The design concept and budget for the art project was reviewed and recommended for Council appro val
by the APP Board at the September 18, 2024, regular board meeting.
PUBLIC OUTREACH
The selected artist collaborates with the project team to develop concepts for the artwork based on the
goals of the project and input from the team. The final design and budget are reviewed and approved by
the project team and then the APP Board, who then recommends the project to City Council for approval.
The APP Program promotes the project in development, fabrication, installation, and completion of the
artwork on social media, website, and newsletters.
ATTACHMENTS
1. Resolution for Consideration
2. Proposed Artwork
3. Art in Public Places Board Minutes, September 18, 2024
Page 130
Item 15.
-1-
RESOLUTION 2024-143
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE DESIGN, CREATION AND INSTALLATION OF
PUBLIC ART AT THE I-25 AND PROSPECT INTERCHANGE
A. The City has selected Stephen Shachtman to design, create an d install
eighteen stylized tree sculptures at the I-25 and Prospect interchange (the “Sculptures”).
The Sculptures will be crafted from Corten weathering steel and will over time develop a
rich warm orange-brown patina.
B. The total cost of designing, creating and installing the Sculptures is $64,500.
The funds for this item have been appropriated in the Art in Public Places (“APP”) Reserve
Account. The APP program also has available appropriated maintenance funds for the
long-term care of the Sculptures and the rest of the APP art collection.
C. Section 23-308 of the City Code requires the APP Board to make
recommendations to the City Council concerning the use of funds in excess of $30,000
for the acquisition, installation and maintenance of works of art . At its September 18,
2024, meeting, the APP Board recommended acquiring and installing the Sculptures.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby approves of the Sculptures project
described herein, the conceptual design of which was reviewed and approved by the Art
in Public Places Board at its September 18, 2024, meeting.
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Ted Hewitt
Page 131
Item 15.
I-25 and Prospect Interchange Improvements
ARTIST: Stephen Shachtman
Proposed “Forest Stand” by Stephen Shachtman - shown here, the southwest side of the I-25/Prospect interchange and looking east.
The I-25 and Prospect interchange has been identified as a gateway into Fort Collins. Emphasis is placed on
the west side of the highway to create a strong sense of arrival into Fort Collins. The overall design is
inspired by rock formations found around Horsetooth Reservoir. Fort Collins APP artist Stephen Shachtman
was selected through an RFQ process and collaborated with the Project Team to develop artwork for this
site. The proposed site-specific installation will further enhance the west side of the highway.
A forest stand is defined as a contiguous community of trees that is sufficiently uniform in its composition,
structure, age, size, spatial arrangement. This concept, titled Forest Stand, serves as the inspiration for the
proposed sculptural installation for the gateway to Fort Collins at the I-25 Prospect interchange. The goal of
the artwork is to reflect the identity of Fort Collins, welcome both visitors and residents, and integrate
seamlessly with the surrounding landscape architecture to form a cohesive vision.
Forest Stand includes eighteen stylized tree sculptures in three different heights: 22', 13', and 12'. Nine
sculptures will be placed on the top plateaus of each the north and south sides of Prospect Rd., just east of
the on- and off-ramps connecting to I-25. The sculptures will be crafted from Corten weathering steel and
will develop a rich warm orange-brown patina. The artist is working with the Project Team to integrate the
sculptures into the landscape design.
Page 132
Item 15.
Proposed artwork locations: west of I25 adjacent
to both the northbound and southbound ramps.
On Prospect, Just west of the interchange and looking southeast.
Proposed dimensions of “Forest Stand” elements.
APPROX. DIMENSIONS: 22”, 13”, 12”. (18 sculptures, 6
of each size).
MATERIALS: CORTEN STEEL - the Artwork will be
fabricated from this steel alloy material developed to
eliminate the need for painting by forming a stable rust-
like appearance when exposed to weather for several
years as a weathering steel. This material is a corrosion
resistant steel, that left uncoated develops an outer
layer patina. This patina protects the steel from
additional corrosion and is a sound material for the
elements in Colorado.
MAINTENANCE: Minimal care and maintenance is
required on the work proposed here as durable
materials will be used. An annual cleaning is
recommended to keep the artwork looking its best. A
rich warm orange- brown patina will naturally occur on
the CorTen steel.
Page 133
Item 15.
Proposed location of south trees
Aerial view of south trees
Aerial view of north trees
Page 134
Item 15.
ART IN PUBLIC PLACES
REGULAR MEETING
Wednesday, September 18, 2024 – 3:30 PM
The Lincoln Center, Founders Room
9 /1 8 /20 2 4 – MINUTES Page 1
1. CALL TO ORDER: 3:36 PM
2. ROLL CALL
a) Board Members Present – Natalie Barnes, Kathy Bauer, Myra Powers,
Renee Sherman, Heidi Shuff, Christopher Staten, and Nancy Zola
b) Board Members Absent –
c) Staff Members Present – Ellen Martin, Liz Good, Libby Colbert, and Spencer
Smith
d) Cultural Resources Board Liaison – Not present
e) Guests – Stephen Shachtman
3. AGENDA REVIEW
4. PUBLIC PARTICIPATION
5. APPROVAL OF MINUTES, August 28, 2024
Ms. Barnes moved to approve the Minutes.
Ms. Powers seconded.
Unanimously approved. Ms, Shuff Abstained because she wasn’t present.
6. NEW BUSINESS
a) I-25 AND PROSPECT INTERCHANGE PROJECT DESIGN REVIEW
Spencer Smith (Engineering Project Manager), Stephen Shachtman (Artist),
Libby Colbert (APP Project Manager) were in attendance to present the project.
This project is part of a larger CDOT expansion project and the city is creating
this interchange as a gateway. The artwork consists of a “stand” of 18 Corten
steel tree inspired sculptures in three heights: 22’, 13’, 12’. Sculptures will be
strategically placed on the top plateaus on both the north and south sides of East
Prospect Road, just east of the on- and off-ramps connecting to I-25. They will
be visible from the highway but mostly viewed by cars entering and exiti ng the
highway. The artist will work with the landscape architect on placement of the
sculptures in the landscape.
Ms. Zola moved we approve the I-25 and Prospect interchange project
Ms. Shuff seconded.
Unanimously approved.
Page 135
Item 15.
ART IN PUBLIC PLACES
REGULAR MEETING
9 /1 8 /20 2 4 – MINUTES Page 2
b) TRANSFORMER CABINET MURAL UPDATES
Libby Colbert APP Project Manager presented an update on the status of the 15
Transformer Cabinet Murals being painted in 2024 by 13 artists. The murals
were at various stages. She shared additional details about the Community
Transformer Cabinet Murals being painted at Fossil Ridge High School and
Kinard Core Knowledge Middle School.
c) 215 N. MASON ST. LOBBY RENOVATION
Ms. Martin presented the upcoming project. The lobby at 215 N. Mason St.
building will be redesigned for use by the Municipal Court and this will affect the
location of the existing APP artwork, Municipal Axis by Rafe Ropek.
Staff discussed options to address the need to remove and perhaps relocate the
artwork including the option to involve the artist that created the sculpture. The
Board discussed the options and agreed that there is value in leveraging the
existing work, if possible. The artwork is valuable and there will be a small APP
budget with the new project. If the artist isn’t interested in being involved in the
project, the artwork will return to the board to deaccession.
Ms. Powers moved that with the understanding that the lobby of 215 will undergo
a remodel to recommend the artist Rafe Ropek be consulted for the project
Ms. Shuff seconded
Unanimously approved.
7. STAFF REPORT
Ms. Martin shared highlights and updates; the report will be emailed to the
Board. Staff will share the date of the Water Treatment Facility Artwork
Celebration with the Board.
8. OTHER BUSINESS
The Board asked for updates on the ArtWear event. Staff shared about the
upcoming Studio Tour and the ArtWear exhibit in The Lincoln Center Art Gallery
and shared that APP artist Andy Dufford created the accordion piece on display.
9. ADJOURNMENT 4:49 PM
Minutes approved by the chair and a vote of the Board/Commission on 11/6/2024
Page 136
Item 15.
File Attachments for Item:
16. Resolution 2024-144 Approving the Design, Creation and Installation of Public Art at
the Power Trail and Harmony Road Crossing.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the Power Trail and Harmony Road Crossing
Project. The expenditure of $50,000 will be for design, engineering, materials, signage,
fabrication, delivery, installation, and contingency for Todd Kundla to create the artworks for the
Power Trail and Harmony Road Crossing Project.
Page 137
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2024-144 Approving the Design, Creation and Installation of Public Art at the Power
Trail and Harmony Road Crossing.
EXECUTIVE SUMMARY
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account
to commission an artist to create art for the Power Trail and Harmony Road Crossing Project. The
expenditure of $50,000 will be for design, engineering, materials, signage, fabrication, delivery, installation,
and contingency for Todd Kundla to create the artworks for the Power Trail and Harmony Road Crossing
Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Section 23-303 of the Code, which was added in 1995, established the Art in Public Places (APP) Reserve
Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of
works of art, and administrative expenses related to the APP Program, in accordance with the APP
Guidelines adopted by the Council in Ordinance No. 20, 1995. In 2012, City Council permanently adopted
the APP Program, and reenacted City Code Chapter 23, Article IX, with certain modifications.
APP Artist Todd Kundla, of Fort Collins, was selected through an RFQ process and collaborated with the
Project Team to develop artwork for this site.
Located at the north and south entrances to the new pedestrian underpass at the Power Trail and Harmony
Rd. crossing, the sculptures will serve as wayfinding landmarks. The two series of sculptures, titled
Custodes Solis (Guardians of the Sun) and Motus Aquae (Movement of Water), will be visible from
Harmony Road and the Power Trail.
The themes of the sculptures are inspired by the Power Trail. Three sculptures on the south side of
the roadway, Custodes Solis (Guardians of the Sun), are created out of steel and warm toned
geometric polycarbonate-colored panels honoring the sun as provider of energy. On the north side of
the roadway, two sculptures, Motus Aquae (Movement of Water), will incorporate elegant curves of
steel and cooler tones of polycarbonate to symbolize the fluidity water and its power in the West. The
artist is working with the Project Team to place these sculptures into the landscape.
Page 138
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The funds for this item have been appropriated in the Reserve Account. The APP program also has available
appropriated maintenance funds for the long-term care of the subject artwork and the rest of the APP art
collection.
Power Trail and Harmony Road Crossing Project art budget is $50,000 to be used for design, engineering,
materials, signage, fabrication, delivery, installation, and contingency for this artwork.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The design concept and budget for the art project was reviewed and recommended for Council approval
by the APP Board at the November 6, 2024, rescheduled October board meeting.
PUBLIC OUTREACH
The selected artist collaborates with the project team to develop concepts for the artwork based on the
goals of the project and input from the team. The final design and budget are reviewed and approved by
the project team and then the APP Board, who then recommends the project to City Council for approval.
The APP Program promotes the project in development, fabrication, installation, and completion of the
artwork on social media, website, and newsletters.
ATTACHMENTS
1. Resolution for Consideration
2. Proposed Artwork
3. Art in Public Places Board Minutes, November 6, 2024
Page 139
Item 16.
-1-
RESOLUTION 2024-144
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE DESIGN, CREATION AND INSTALLATION OF
PUBLIC ART AT THE POWER TRAIL AND HARMONY ROAD
CROSSING
A. The City has selected Todd Kundla to design, create and install five
sculptures where the Power Trail will cross Harmony Road (the “Sculptures”). Three
sculptures will be located on the south side of Harmony Road and will be created out of
steel and warm toned geometric polycarbonate -colored panels honoring the sun as
provider of energy. On the north side of Harmony Road, two sculptures will incorporate
elegant curves of steel and cooler tones of polycarbonate to symbolize the fluidity of water
and its power in the American West.
B. The total cost of designing, creating and installing the Sculptures is $50,000.
The funds for this item have been appropriated in the Art in Public Places Reserve
Account. The Art in Public Places program also has available appropriated maintenance
funds for the long-term care of the Sculptures and the rest of the APP art collection.
C. Section 23-308 of the City Code requires the Art in Public Places Board to
make recommendations to the City Council concerning the use of funds in excess of
$30,000 for the acquisition, installation and maintenance of works of art. At its November
6, 2024 meeting, the Art in Public Places Board recommended acquiring and installing
the Sculptures.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby approves of the Sculptures project
described herein, the conceptual design of which was reviewed and approved by the Art
in Public Places Board at its November 6, 2024, meeting.
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Ted Hewitt
Page 140
Item 16.
The Power Trail & Harmony Road Crossing Project will complete a missing gap in the Power Trail at this
busy intersection by building a pedestrian underpass beneath Harmony Road. Fort Collins APP Artist
Todd Kundla was selected through an RFQ process and collaborated with the Project Team to develop
artwork for this site.
The project goals are to improve safety and convenience for trail users, reduce the number of
pedestrians and bicyclists crossing Harmony Road at grade, and provide an aesthetically pleasing
solution for current challenges at the site.
Located at the north and south entrances to the new pedestrian underpass at the Power Trail and
Harmony Rd. crossing, the proposed sculptures will serve as wayfinding landmarks. The two series of
sculptures, titled Custodes Solis (Guardians of the Sun) and Motus Aquae (Movement of Water), will be
visible from Harmony Road and the Power Trail.
The themes of the sculptures are inspired by the Power Trail. Three sculptures on the south side of the
roadway, Custodes Solis (Guardians of the Sun), are created out of steel and warm toned geometric
polycarbonate-colored panels honoring the sun as provider of energy. On the north side of the roadway,
two sculptures, Motus Aquae (Movement of Water), will incorporate elegant curves of steel and cooler
tones of polycarbonate to symbolize the fluidity water and its power in the West. The artist is working
with the Project Team to place these sculptures into the landscape.
Power Trail & Harmony Road Crossing Project
ARTIST: Todd Kundla
Renderings of proposed art installations Custodes Solis (Guardians of the Sun) and Motus Aquae (Movement of Water) by
artist Todd Kundla, shown on the south and north sides of Harmony Road and Power Trail crossing, respectively.
Page 141
Item 16.
N
N
Motus Aquae by artist Todd Kundla
Custodes Solis by artist Todd Kundla
LOCATION
Page 142
Item 16.
East elevation rendering of Custodes Solis (Guardians of the Sun) by artist Todd Kundla. 8’ x 8’ x 16’ with 3" diameter steel
tubing, 1/4" wall thickness, silver paint, 1/2" thick polycarbonate colored panels
East elevation rendering of Motus Aquae (Movement of Water) by artist Todd Kundla . 8’ x 12’ x 12’ with 3" x 6" steel
rectangular tubing, oxidized finish, 1/2" thick polycarbonate colored panels (7x stronger than glass)
Page 143
Item 16.
ART IN PUBLIC PLACES
REGULAR MEETING
Wednesday, September 18, 2024 – 3:30 PM
The Lincoln Center, Founders Room
9 /1 8 /20 2 4 – MINUTES Page 1
1. CALL TO ORDER: 3:36 PM
2. ROLL CALL
a) Board Members Present – Natalie Barnes, Kathy Bauer, Myra Powers,
Renee Sherman, Heidi Shuff, Christopher Staten, and Nancy Zola
b) Board Members Absent –
c) Staff Members Present – Ellen Martin, Liz Good, Libby Colbert, and Spencer
Smith
d) Cultural Resources Board Liaison – Not present
e) Guests – Stephen Shachtman
3. AGENDA REVIEW
4. PUBLIC PARTICIPATION
5. APPROVAL OF MINUTES, August 28, 2024
Ms. Barnes moved to approve the Minutes.
Ms. Powers seconded.
Unanimously approved. Ms, Shuff Abstained because she wasn’t present.
6. NEW BUSINESS
a) I-25 AND PROSPECT INTERCHANGE PROJECT DESIGN REVIEW
Spencer Smith (Engineering Project Manager), Stephen Shachtman (Artist),
Libby Colbert (APP Project Manager) were in attendance to present the project.
This project is part of a larger CDOT expansion project and the city is creating
this interchange as a gateway. The artwork consists of a “stand” of 18 Corten
steel tree inspired sculptures in three heights: 22’, 13’, 12’. Sculptures will be
strategically placed on the top plateaus on both the north and south sides of East
Prospect Road, just east of the on- and off-ramps connecting to I-25. They will
be visible from the highway but mostly viewed by cars entering and exiti ng the
highway. The artist will work with the landscape architect on placement of the
sculptures in the landscape.
Ms. Zola moved we approve the I-25 and Prospect interchange project
Ms. Shuff seconded.
Unanimously approved.
Page 144
Item 16.
ART IN PUBLIC PLACES
REGULAR MEETING
9 /1 8 /20 2 4 – MINUTES Page 2
b) TRANSFORMER CABINET MURAL UPDATES
Libby Colbert APP Project Manager presented an update on the status of the 15
Transformer Cabinet Murals being painted in 2024 by 13 artists. The murals
were at various stages. She shared additional details about the Community
Transformer Cabinet Murals being painted at Fossil Ridge High School and
Kinard Core Knowledge Middle School.
c) 215 N. MASON ST. LOBBY RENOVATION
Ms. Martin presented the upcoming project. The lobby at 215 N. Mason St.
building will be redesigned for use by the Municipal Court and this will affect the
location of the existing APP artwork, Municipal Axis by Rafe Ropek.
Staff discussed options to address the need to remove and perhaps relocate the
artwork including the option to involve the artist that created the sculpture. The
Board discussed the options and agreed that there is value in leveraging the
existing work, if possible. The artwork is valuable and there will be a small APP
budget with the new project. If the artist isn’t interested in being involved in the
project, the artwork will return to the board to deaccession.
Ms. Powers moved that with the understanding that the lobby of 215 will undergo
a remodel to recommend the artist Rafe Ropek be consulted for the project
Ms. Shuff seconded
Unanimously approved.
7. STAFF REPORT
Ms. Martin shared highlights and updates; the report will be emailed to the
Board. Staff will share the date of the Water Treatment Facility Artwork
Celebration with the Board.
8. OTHER BUSINESS
The Board asked for updates on the ArtWear event. Staff shared about the
upcoming Studio Tour and the ArtWear exhibit in The Lincoln Center Art Gallery
and shared that APP artist Andy Dufford created the accordion piece on display.
9. ADJOURNMENT 4:49 PM
Minutes approved by the chair and a vote of the Board/Commission on 11/6/2024
Page 145
Item 16.
File Attachments for Item:
17. Resolution 2024-145 Approving Expenditures from the Art in Public Places
Stormwater and Water Utility Accounts to Commission an Artist to Create Art for the
City’s Utilities.
The purpose of this item is to approve expenditures from the Art in Public Places Stormwater
Utility and Water Accounts to commission an artist to create art for the Oak Street Stormwater
Improvements Project. The expenditure of $155,000 will be for design, engineering, materials,
signage, fabrication, delivery, installation, and contingency for Mark Aeling to create the
artworks for the Oak Street Stormwater Improvements Project.
Page 146
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2024-145 Approving Expenditures from the Art in Public Places Stormwater and Water
Utility Accounts to Commission an Artist to Create Art for the City’s Utilities.
EXECUTIVE SUMMARY
The purpose of this item is to approve expenditures from the Art in Public Places Stormwater Utility and
Water Accounts to commission an artist to create art for the Oak Street Stormwater Improvements Project.
The expenditure of $155,000 will be for design, engineering, materials, signage, fabrication, delivery,
installation, and contingency for Mark Aeling to create the artworks for the Oak Street Stormwater
Improvements Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Section 23-303 of the Code, which was added in 1995, established the Art in Public Places (APP) Reserve
Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of
works of art, and administrative expenses related to the APP Program, in accordance with the APP
Guidelines adopted by the Council in Ordinance No. 20, 1995. In 2012, Council permanently adopted the
APP Program, and reenacted City Code Chapter 23, Article IX, with certain modifications.
As part of the City’s Oak Street Stormwater Improvements Project, APP worked with the Project Team and
St. Petersburg, Florida artist Mark Aeling to design art for the site.
The design places three sculptures along Oak St. at the intersections with Howes St., Washington Ave.
and Jackson Ave. The series of sculptures are intended to create a visual narrative to inform viewers of
the purpose of the capital project to better control stormwater and its impact on public and private property.
This narrative begins at the Howes St. intersection and Oak St., which is the eastern most location and
closest to downtown. This location is close to the urban center of town and will have the largest sculpture.
Rain Drop is the sculpture proposed for the Howes St. intersection and it depicts a larger-than-life drop of
water splashing into a puddle of mud. This is the beginning of the natural process of precipitation that the
Oak Street Stormwater Improvements Project is designed to direct and divert through the science of
engineering.
Page 147
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Vortex, the second sculpture found at the intersection of Washington Avenue. and Oak Street, depicts a
water vortex that is channeled through a cylinder. In effect, by channeling the potentially destructive energy
of this natural resource it can be neutralized.
Seed Pods, a smaller and more intimate sculpture located at the entrance to City Park at the intersection
of Jackson Ave. and Oak St., depicts stylized milkweed husks open to the world to reveal seeds. This
sculpture refers to the synergy that occurs when we live in harmony with nature.
All the sculptures will combine stainless and Corten steel, giving strong contrast to the sculptures. Each
of the sculptures will be placed in a rain garden that is being built by the project. Rain gardens help manage
stormwater runoff, prevent erosion and provide habitat for local wildlife. The rain gardens capture rainwater
and allow it to infiltrate the soil rather than flowing over the surface. The root systems of plants in rain
gardens help stabilize the soil, further reducing erosion. By incorporating native plants that attract
pollinators, this project will also create pollinator gardens that support biodiversity.
CITY FINANCIAL IMPACTS
The funds for this item have been appropriated in the $155,000 Account. The APP program also has available
appropriated maintenance funds for the long-term care of this artwork and the rest of the APP art collection.
Oak Street Project art budget is $155,000 to be used for design, engineering, materials, signage, fabrication,
delivery, installation, and contingency for this artwork.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The design concept and budget for the art project was reviewed and recommended for Council approval
by the APP Board at the November 20, 2024, regular board meeting.
PUBLIC OUTREACH
The selected artist collaborates with the project team to develop concepts for the artwork based on the
goals of the project and input from the team. The final design and budget are reviewed and approved by
the project team and then the APP Board, who then recommends the project to Council for approval.
The artist and project are being promoted on the capital project and APP newsletter/websites. The APP
Program promotes the project in development, fabrication, installation, and completion of the artwork on
social media, website, and newsletters.
ATTACHMENTS
1. Resolution for Consideration
2. Oak Street Stormwater Proposed Artwork
3. Art in Public Places Board Minutes, November 20, 2024
Page 148
Item 17.
-1-
RESOLUTION 2024-145
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EXPENDITURES FROM THE ART IN PUBLIC
PLACES STORMWATER AND WATER UTILITY ACCOUNTS TO
COMMISSION AN ARTIST TO CREATE ART FOR THE CITY’S
UTILITIES
A. The City has selected Mark Aeling to design, create and install three
sculptures for the Oak Street Stormwater Improvements Project (the “Sculptures”). The
Sculptures will combine stainless and Corten steel, giving strong contrast to the
Sculptures, with one representing a rain drop, one representing a water vortex, and
one representing milkweed husks opening to the world. Each of the Sculptures will be
placed in a rain garden that is being built as part of the Oak Street Stormwater
Improvements Project.
B. Funding contributions to Art in Public Places for each City Utility are to be
kept and spent in such Utility’s own fund for the betterment of such utility or as otherwise
determined by the City Council for a specific utility purpose.
C. The total cost of designing, creating and installing the Sculptures is
$155,000. The funds for this item have been appropriated in the Art in Public Places
Stormwater and Water Utility Accounts. The Art in Public Places program also has
available appropriated maintenance funds for the long-term care of the Sculptures and
the rest of the Art in Public Places art collection.
D. Section 23-308 of the City Code requires the Art in Public Places Board to
make recommendations to the City Council concerning the use of funds in excess of
$30,000 for the acquisition, installation and maintenance of works of art. At its November
20, 2024 meeting, the Art in Public Places Board recommended acquiring and installing
the Sculptures.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby approves of the Sculptures project
described herein, the conceptual design of which was reviewed and approved by the Art
in Public Places Board at its November 20, 2024, meeting.
Page 149
Item 17.
-2-
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Ted Hewitt
Page 150
Item 17.
Oak Street Stormwater
Improvement Project
As part of the City’s Oak Street Stormwater Improvement Project, Art in Public Places worked with the
Project Team and St. Petersburg, Florida, artist Mark Aeling to design art for the site.
The project proposes 3 sculptures to be placed along Oak St. at the intersections with Howes St.,
Washington Ave. and Jackson Ave. The series of sculptures is intended to create a visual narrative to
inform viewers of the purpose of the capital project that will better control stormwater and its impact on
public and private property. This narrative begins at the Howes St. intersection with Oak St., which is the
eastern most location and closest to downtown. This location is close to the urban center of town and will
have the largest sculpture.
Each of the sculptures will be placed in a rain garden. Rain gardens help manage stormwater runoff,
prevent erosion, and provide habitat for local wildlife.
Artist’s renderings of three sculptures to be in-
stalled along Oak Street.
SEED PODS (~ 6.5’)
VORTEX (~ 8’) RAIN DROP (~ 12’)
Page 151
Item 17.
RAIN DROP
Rain Drop depicts a larger-than-life stainless steel drop
of water splashing into a Corten steel puddle of mud.
This is the beginning of the natural process of
precipitation that the Stormwater project is designed to
direct and divert through the science of engineering.
The proposed location is on the SW corner of Oak St.
and Howes St. The sculpture will be illuminated from
within.
Renderings of Rain Drop by artist Mark Aeling on the SW Corner of W. Oak St. and South Howes St..
Proposed location of Rain Drop.
Page 152
Item 17.
Renderings of Vortex on the NW corner of Oak St. and Washington Ave.
VORTEX
Vortex, the second sculpture proposed for the NW
corner of Washington Ave. and Oak St., depicts a
stainless steel water vortex that is channeled through
a Corten steel cylinder. In effect, by channeling the
potentially destructive energy of this natural
resource it can be neutralized.
Proposed location of Vortex.
Page 153
Item 17.
SEED PODS
Seed Pods, a smaller and more intimate sculpture
located at the entrance to City Park at the SW of
Jackson Ave. and Oak St., depicts multiple Corten
steel stylized milkweed husks open to the world to
reveal stainless steel seeds. This sculpture refers to
the synergy that occurs when we live in harmony
with nature.
Renderings of Seed Pods on the SW corner of Oak St. and Jackson Ave.
Proposed location of ‘Seed Pods’
Page 154
Item 17.
ART IN PUBLIC PLACES
RESCHEDULED MEETING
Wednesday, November 20, 2024 – 3:30 PM
Virtual via Teams
11 /20 /20 2 4 – MINUTES Page 1
1.CALL TO ORDER: 3:31 PM
2.ROLL CALL
a)Board Members Present – Natalie Barnes, Kathy Bauer, Myra Powers,
Renee Sherman, Heidi Shuff, Christopher Staten, and Nancy Zola
b)Board Members Absent –
c)Staff Members Present – Ellen Martin, Liz Good, Libby Colbert, Heather
McDowell
d)Cultural Resources Board Liaison – Not present
e)Guests – Mark Aeling
3.AGENDA REVIEW
4.PUBLIC PARTICIPATION
5.APPROVAL OF MINUTES, November 6, 2024
Ms. Powers moved approval of the Minutes
Ms. Barnes seconded.
Approved by Ms. Barnes, Ms. Bauer, Ms. Powers, Ms. Sherman, Mr. Staten and
Ms. Zola. Ms. Shuff abstained
6.NEW BUSINESS
a)OAK STREET STORMWATER IMPROVEMENT PROJECT DESIGN REVIEW
Ms. Martin introduced the team in attendance to present the project including
APP Project Manager Libby Colbert, artist Mark Aeling, and Utilities Capital
Project Manager Heather McDowell. Heather McDowell shared an overview of
the stormwater project. The proposed artwork will be in rain gardens at Howes
St., Washington Ave., and Jackson Ave. Mark Aeling shared details about the
three proposed sculptures representing the themes of the project. The first
sculpture at Howes St. is of a water drop, showing the start of rain falling. The
second sculpture at Washington Ave. is of a vortex, showing the potentially
destructive energy of water being neutralized. The third sculpture at Jackson
Ave. is of a seed pod, showing the benefits of water working with nature.
Ms. Shuff moved to approve the Oak Street design project as presented.
Ms. Powers seconded.
Unanimously approved.
DRA
F
T
Page 155
Item 17.
ART IN PUBLIC PLACES
REGULAR MEETING
11 /20 /20 2 4 – MINUTES Page 2
b) ANNUAL CALLS TO ARTISTS
Ms. Martin shared the approved updates to the Artist Consultant List and the
Pedestrian Paver RFP from the last meeting.
C) 2025 WORK PLAN DRAFT
Ms. Martin shared an updated draft with discussed changes from the last
meeting.
Ms. Zola moved that we approve the 2025 workplan as presented
Ms. Barnes seconded
Unanimously approved.
7. STAFF REPORT
Ms. Martin shared updates since the last meeting as a Show and Tell of the final
Transformer Cabinet Murals, the Traffic Box Mural by Shawna Turner, and the
Stream Rehabilitation Project by Andy Dufford, and Chevo Studios.
8. OTHER BUSINESS
Ms. Zola asked if there were any updates about 215 Mason remodel project . Ms.
Martin thanked the Board for meeting virtually.
9. ADJOURNMENT 4:21 PM
Minutes approved by the chair and a vote of the Board/Commission on XX/XX/XX DRA
F
T
Page 156
Item 17.
File Attachments for Item:
18. Resolution 2024-146 Concerning Implementation of Standards Created by
Amendments to the Public Utility Regulatory Policies Act of 1978 by the Infrastructure
Investment and Jobs Act (“IIJA”).
The purpose of this item is to present for Council consideration the recommendation from the
City electric utility and the Energy Board, not to adopt the new revisions to the Public Utility
Regulatory Policies Act of 1978 (PURPA) into the electric utility polices. Light & Power (L&P) is
a “nonregulated utility” under PURPA, and can make a determination whether or not to
implement the amended PURPA standards or establish a rule that differs from the standards. A
complete review and evaluation of amended PUPRA standards has been completed and the
findings support the recommendation not to adopt the amended PURPA standards. Staff is
recommending Council adopt the written determinations made by Utility staff establishing local
standards that differ from the amended PURPA standards.
Page 157
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Brian Tholl, Energy Services Manager, Fort Collins Utilities
Travis Walker, Light & Power Director
SUBJECT
Resolution 2024-146 Concerning Implementation of Standards Created by Amendments to the
Public Utility Regulatory Policies Act of 1978 by the Infrastructure Investment and Jobs Act (“IIJA”).
EXECUTIVE SUMMARY
The purpose of this item is to present for Council consideration the recommendation from the City electric
utility and the Energy Board, not to adopt the new revisions to the Public Utility Regulatory Policies Act of
1978 (PURPA) into the electric utility polices. Light & Power (L&P) is a “nonregulated utility” under PURPA,
and can make a determination whether or not to implement the amended PURPA standards or establish
a rule that differs from the standards. A complete review and evaluation of amended PUPRA st andards
has been completed and the findings support the recommendation not to adopt the amended PURPA
standards. Staff is recommending Council adopt the written determinations made by Utility staff
establishing local standards that differ from the amended PURPA standards.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Public Utility Regulatory Policies Act of 1978 (PURPA) was written to encourage energy conservation
and efficiency. The Infrastructure Investment and Jobs Act (IIJA) (2021) amended PURPA, as previously
amended by the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007.
Previous PURPA amendments added standards including time-based metering, integrated resource
planning, rate design modifications to promote energy efficiency investments, and smart grid investment
and information. Fort Collins Light & Power (L&P), is a “nonregulated utility” under PURPA, and is permitted
under the Act to adopt any standard or rule that differs from a standard established in PURPA.
Nevertheless, the City honored the PURPA requirement to consider the standards in the 2005 and 2007
amendments, and Council adopted Resolutions 2007-066 and 2009-098, respectively, considered the
amended standards and adopting the written determinations made by Utility staff establishing local
standards that differ from the amended PURPA standards.
The IIJA added two additional standards to PURPA and again required all public utilities to consider them.
The new 2021 PURPA standards are summarized as follows:
Page 158
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
1. Demand Response and Demand Flexibility: the utility "may establish rate mechanisms for the timely
recovery of the costs of promoting demand-response and demand flexibility practices."
2. Electric Vehicle Charging Programs: the utility shall consider measures to promote greater
electrification of the transportation sector, including the establishment of rates that promote electric
vehicle infrastructure and “appropriately recover the marginal costs of delivering electricity to” EV
infrastructure.
As with prior amendments, PURPA permits a nonregulated utility to determine that it is not appropriate to
implement the 2021 amended standards and decline to do so if the utility sets its reasons in writing. Utilities
staff reviewed each of the new federal standards required by the 2021 amendments, considered and made
determinations regarding each standard, and made recommendations to the Fort Collins Energy Board in
a staff report that explained how the Utility meets or exceeds each standard or is working in a joint effort
with Platte River Power Authority ("PRPA") to meet or exceed the given standard as shown in the Staff
presentation to Energy Board, attached hereto.
At its regular meeting held on December 14, 2023, the Energy Board held a public hearing to consider the
staff report, a staff presentation, and input from City utility customers and the public. At the hearing, the
Board voted to recommend to Council to pass a resolution adopting the determinations made by Utilities
staff in the staff report.
Council is asked to consider the staff report and Energy Board recommendation regarding the 2021
amended PURPA standards and adopt the written determinations made by Utility staff in establishing local
standards that differ from the amended PURPA standards.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Energy Board recommended that Council support the Resolution.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to the Resolution
3. Staff Presentation to Energy Board
4. Energy Board Minutes, December 14, 2023
Page 159
Item 18.
- 1 -
RESOLUTION 2024-146
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING IMPLEMENTATION OF STANDARDS CREATED BY
AMENDMENTS TO THE PUBLIC UTILITY REGULATORY POLICIES
ACT OF 1978 BY THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (“IIJA”)
A. The Public Utility Regulatory Policies Act (“PURPA”) of 1978 required
public utilities to consider and determine the appropriateness of certain standards set
forth in PURPA Article I as applied to certain Fort Collins Electric Utility (the “Electric
Utility”) operations.
B. PURPA requires a “nonregulated” municipally owned electric utilities,
including the Electric Utility, to “consider each standard established by [Section 111(d)]
and make a determination concerning whether or not it is appropriate to im plement such
standard” to carry out PURPA purposes.
C. The Energy Policy Act (“EPAct”) of 2005 amended PURPA Article I to
provide additional standards, including net metering, time-based metering, fuel source
reliance, interconnection and fossil fuel generation, to be considered by nonregulated
utilities.
D. The Energy Independence and Security Act of 2007 (“EISA”) further
amended PURPA Article I to provide additional standards, including rate designs to
promote energy efficiency investments, smart grid investments, and integrated resources
planning, to be considered by nonregulated utilities.
E. At the annual electric utility rate making proceedings following passage of
EPAct and EISA, Council received input from ratepayers and staff regarding
consideration of amended PURPA Article I standards, and made determinations and
responsive policy adjustments regarding amended PURPA standards, as set forth in City
Code Chapter 26 Article VI.
F. The 2021 Infrastructure Investment and Jobs Act (“IIJA”) further amended
PURPA Article I to provide the following additional standards to be considered by
nonregulated utilities:
Demand Response and Demand Flexibility, continued, at §111(d)(20);
Electric Vehicle Charging Programs, at §111(d)(21).
G. PURPA requires the governing body of a utility to consider the standards,
after notice and public hearing, and make a determination in writing whether or not to
implement such standards to carry out the purposes of the statute, but a utility may
determine that it is not appropriate to implement a particular standard and decline to do
so as long as it sets forth its reasons in writing.
Page 160
Item 18.
- 2 -
H. The Electric Utility staff compiled and presented a comprehensive report
that explained how the Electric Utility meets or exceeds each standard or is working in a
joint effort with Platte River Power Authority ("PRPA") to meet or exceed each amended
PURPA standard.
I. The Energy Board held a public hearing at its regular meeting held on
December 14, 2023, to consider the staff report. The Energy Board voted to recommend
that Council pass a resolution adopting the determination made by Electric Utility sta ff
that separate adoption of the EPAct standards for demand response and electric vehicle
charging is not in the best interest of City electric utility ratepayers.
J. Council is asked to review the staff recommendation and public input
regarding the PURPA Article I, §111(d)(20) and (21) standards, and adopt the written
determinations made by Electric Utility staff establishing local standards that differ from
the amended PURPA standards.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Based on the information provided by staff and the public input
obtained at the public hearing, the Council declines to adopt the PURPA Article I standard
on Demand Response and Demand Flexibility (§111(d)(20)), as set forth in Exhibit “A”,
attached hereto and incorporated herein by reference.
Section 2. Based on the information provided by staff and the public input
obtained at the public hearing, the Council declines to adopt the PURPA Article I standard
on Electric Vehicle Charging Programs (§111(d)(21)), as set forth in Exhibit “A”, attached
hereto.
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Yvette Lewis-Molock
Page 161
Item 18.
EXHIBIT A TO RESOLUTION 2024-146
Fort Collins Electric Utility Staff Recommendation Regarding
Infrastructure Investment & Jobs Act of 2021 Amendments to PURPA Art. I
Standards
1. STAFF RECOMMENDATION REGARDING HISTORIC STANDARDS in
Section 111 (d) (11)-(19): Staff recommends City Council maintain current City
Electric Utility polices related to those PURPA Art. I standards set forth in Section
111 (d) (11)-(19), 16 U.S.C. 2621, as amended by the Energy Policy Act of 2005
and Energy Independence and Security Act of 2007 , including policies relating to
net metering, time-of-day rates, renewable energy incentives, renewable energy
resource integration, and interconnection standards, as amended by Council
Ordinances No. 056, 2009; No. 003, 2010; No. 074, 2013; Nos. 053 and 163,
2018; No.125, 2019; No. 139, 2020; and No. 149, 2021.
2. Pursuant to 2021 Infrastructure Investment and Jobs Act (“IIJA”), the following
standard was added the PURPA Art. I at Section 111(d), 16 U.S.C. 2621,
applicable to the Fort Collins Electric Utility:
…
(d) Establishment
The following Federal standards are hereby established:
…
(20) Demand-response practices
(A) In general
Each electric utility shall promote the use of demand -response and
demand flexibility practices by commercial, residential, and
industrial consumers to reduce electricity consumption during
periods of unusually high demand.
(B) Rate recovery
...
(ii) Nonregulated electric utilities
A nonregulated electric utility may establish rate
mechanisms for the timely recovery of the costs of promoting
demand response and demand flexibility practices in
accordance with subparagraph (A).
...
STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d)
(20):
Electric Utilities staff conducted a comparison of existing City electric utility rates
and standards with the updated EPAct standards, finding the City’s electric utility
operations comport with the goals of and demonstrate compliance with the
updated demand response standards, determining that separately adopting the
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Item 18.
EXHIBIT A TO RESOLUTION 2024-146
EPAct standards is not in the best interest of City electric utility ratepayers as it
may be duplicative and interfere with current benefits recei ved by ratepayers.
3. Pursuant to IIJA, the following standard was added the PURPA Art. I at Section
111(d), 16 U.S.C. 2621, applicable to the Fort Collins Electric Utility:
…
(d) Establishment
The following Federal standards are hereby established:
…
(21) Electric vehicle charging programs
Each State shall consider measures to promote greater electrification of
the transportation sector, including the establishment of rates that --
(A) promote affordable and equitable electric vehicle charging
options for residential, commercial, and public electric vehicle
charging infrastructure;
(B) improve the customer experience associated with electric
vehicle charging, including by reducing charging times for light-,
medium-, and heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for
light-, medium-, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity
to electric vehicles and electric vehicle charging infrastructure.
…
STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d)
(21):
Electric Utilities staff conducted a comparison of existing City electric utility rates
and standards with the updated EPAct standards, finding the City’s electric utility
operations comport with the goals of and demonstrate sufficient compliance with
updated electric vehicle charging standards, determining that separately adopting
the EPAct standards, including shifting how marginal costs are recovered under
existing rate schedules, is not in the best interest of City electric utility ratepayers
as it may be duplicative and interfere with current ratepayer incentives.
Page 163
Item 18.
EXHIBIT A TO RESOLUTION 2024-146
ATTACHMENT A
Infrastructure Investment & Jobs Act of 2021 Amendments to PURPA
16 U.S.C.A. § 2621.
Consideration and determination respecting certain ratemaking standards
(a) Consideration and determination
Each State regulatory authority (with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility shall consider each standard
established by subsection (d) and make a determination concerning whether or not it is
appropriate to implement such standard to carry out the purposes of this chapter. For
purposes of such consideration and determination in accordance with subsections (b)
and (c), and for purposes of any review of such consideration and determination in any
court in accordance with section 2633 of this title, the purposes of this chapter
supplement otherwise applicable State law. Nothing in this subsection prohibits any
State regulatory authority or nonregulated electric utility from making any determination
that it is not appropriate to implement any such standard, pursuant to its authority under
otherwise applicable State law.
(b) Procedural requirements for consideration and determination
(1) The consideration referred to in subsection (a) shall be made after public
notice and hearing. The determination referred to in subsection (a) shall be--
(A) in writing,
(B) based upon findings included in such determination and upon the
evidence presented at the hearing, and
(C) available to the public.
(2) Except as otherwise provided in paragraph (1), in the second sentence of
section 2622(a) of this title, and in sections 2631 and 2632 of this title, the
procedures for the consideration and determination referred to in subsection (a)
shall be those established by the State regulatory authority or the nonregulated
electric utility.
(c) Implementation
(1) The State regulatory authority (with respect to each electric utility for which it
has ratemaking authority) or nonregulated electric utility may, to the extent
consistent with otherwise applicable State law--
(A) implement any such standard determined under subsection (a) to be
appropriate to carry out the purposes of this chapter, or
(B) decline to implement any such standard.
(2) If a State regulatory authority (with respect to each electric utility for which it
has ratemaking authority) or nonregulated electric utility declines to implement
any standard established by subsection (d) which is determined under
subsection (a) to be appropriate to carry out the purposes of this chapter, such
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Item 18.
EXHIBIT A TO RESOLUTION 2024-146
authority or nonregulated electric utility shall state in writing the reasons therefor.
Such statement of reasons shall be available to the public.
(3) If a State regulatory authority implements a standard established by
subsection (d)(7) or (8), such authority shall--
(A) consider the impact that implementation of such standard would have
on small businesses engaged in the design, sale, supply, installation or
servicing of energy conservation, energy efficiency or other demand side
management measures, and
(B) implement such standard so as to assure that utility actions would not
provide such utilities with unfair competitive advantages over such small
businesses.
(d) Establishment
The following Federal standards are hereby established:
…
(20) Demand-response practices
(A) In general
Each electric utility shall promote the use of demand -response and
demand flexibility practices by commercial, residential, and industrial
consumers to reduce electricity consumption during periods of unusually
high demand.
(B) Rate recovery
(i) In general
Each State regulatory authority shall consider establishing rate
mechanisms allowing an electric utility with respect to which the
State regulatory authority has ratemaking authority to timely
recover the costs of promoting demand-response and demand
flexibility practices in accordance with subparagraph (A).
(ii) Nonregulated electric utilities
A nonregulated electric utility may establish rate mechanisms for
the timely recovery of the costs of promoting demand response and
demand flexibility practices in accordance with subparagraph (A).
(21) Electric vehicle charging programs
Each State shall consider measures to promote greater electrification of the
transportation sector, including the establishment of rates that--
(A) promote affordable and equitable electric vehicle charging options for
residential, commercial, and public electric vehicle charging infrastructure;
(B) improve the customer experience associated with electric vehicle
charging, including by reducing charging times for light-, medium-, and
heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for light-,
medium-, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity to
electric vehicles and electric vehicle charging infrastructure.
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Item 18.
EXHIBIT A TO RESOLUTION 2024-146
16 U.S.C.A. § 2622.
Obligations to consider and determine
(a) Request for consideration and determination
Each State regulatory authority (with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility may undertake the
consideration and make the determination referred to in section 2621 of this title with
respect to any standard established by section 2621(d) of this title in any proceeding
respecting the rates of the electric utility. Any participant or intervenor (including an
intervenor referred to in section 2631 of this title) in such a proceeding may request, and
shall obtain, such consideration and determination in such proceeding. In undertaking
such consideration and making such determination in any such proceeding with respect
to the application to any electric utility of any standard established by section 2621(d) of
this title, a State regulatory authority (with respect to an electric utility for which it has
ratemaking authority) or nonregulated electric utility may take into account in such
proceeding--
(1) any appropriate prior determination with respect to such standard--
(A) which is made in a proceeding which takes place after November 9,
1978, or
(B) which was made before such date (or is made in a proceeding
pending on such date) and complies, as provided in section 2634 of this
title, with the requirements of this chapter; and
(2) the evidence upon which such prior determination was based (if such
evidence is referenced in such proceeding).
(b) Time limitations
…
(7) (A) Not later than 1 year after November 15, 2021, each State regulatory
authority (with respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility shall
commence consideration under section 2621 of this title, or set a hearing
date for consideration, with respect to the standard established by
paragraph (20) of section 2621(d) of this title.
(B) Not later than 2 years after November 15, 2021, each State regulatory
authority (with respect to each electric utility for which the State has
ratemaking authority), and each nonregulated electric utility shall complete
the consideration and make the determination under section 2621 of this
title with respect to the standard established by paragraph (2 0) of section
2621(d) of this title.
(8) (A) Not later than 1 year after November 15, 2021, each State regulatory
authority (with respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall commence
consideration under section 2621 of this title, or set a hearing date for
consideration, with respect to the standard established by paragraph (21)
of section 2621(d) of this title.
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Item 18.
EXHIBIT A TO RESOLUTION 2024-146
(B) Not later than 2 years after November 15, 2021, each State regulatory
authority (with respect to each electric utility for which the State has
ratemaking authority), and each nonregulated electric utility shall complete
the consideration and make the determination under section 2621 of this
title with respect to the standard established by paragraph (21) of section
2621(d) of this title.
(c) Failure to comply
Each State regulatory authority (with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility shall undertake the
consideration, and make the determination, referred to in section 2621 of this title with
respect to each standard established by section 2621(d) of this title in the first rate
proceeding commenced after the date three years after November 9, 1978, respecting
the rates of such utility if such State regulatory authority or nonregulated electric utility
has not, before such date, complied with subsection (b)(2) with respect to such standard
...
In the case of the standard established by paragraph (20) of section 2621(d) of this title,
the reference contained in this subsection to November 9, 1978, shall be deemed to be
a reference to November 15, 2021. In the case of the standard established by
paragraph (21) of section 2621(d) of this title, the reference contained in this subsection
to November 9, 1978, shall be deemed to be a reference to November 15, 2021.
…
(g) Prior State actions
Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of
section 2621(d) of this title in the case of any electric utility in a State if, before
November 15, 2021--
(1) the State has implemented for the electric utility the standard (or a
comparable standard);
(2) the State regulatory authority for the State or the relevant nonregulated
electric utility has conducted a proceeding to consider implementation of the
standard (or a comparable standard) for the electric utility; or
(3) the State legislature has voted on the implementation of the standard (or a
comparable standard) for the electric utility.
(h) Other prior State actions
Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of
section 2621(d) of this title in the case of any electric utility in a State if, before
November 15, 2021--
(1) the State has implemented for the electric utility the standard (or a
comparable standard);
(2) the State regulatory authority for the State or the relevant nonregulated
electric utility has conducted a proceeding to consider implementation of the
standard (or a comparable standard) for the electric utility; or
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Item 18.
EXHIBIT A TO RESOLUTION 2024-146
(3) the State legislature has voted on the implementation of the standard (or a
comparable standard) for the electric utility during the 3-year period ending on
November 15, 2021.
Page 168
Item 18.
ENERGY BOARD
REGULAR MEETING
December 14, 2023 – 5:30 pm
222 Laporte Ave – Colorado Room
Zoom – See Link Below
1. [5:30] CALL MEETING TO ORDER
2. [5:30] PUBLIC COMMENT
3. [5:35] APPROVAL OF NOVEMBER 9, 2023 MINUTES
4. [5:45] PURPA FERC RULING ON MUST CONSIDER LANGUAGE (Decision, 30 Min.)
John Phelan, Energy Services Manager & Energy Policy Advisor
Cyril Vidergar, Assistant City Attorney II
5. [6:15] DISCUSSION OF PLATTE RIVER’S NATURAL GAS PLANT (Discussion, 45 Min.)
6. [7:00] DRAFT 2023 ANNUAL REPORT (Discussion, 30 Min.)
7. [7:30] BOARD MEMBER REPORTS (5 min.)
8. [7:35] FUTURE AGENDA REVIEW (5 min.)
9. [7:40] ADJOURNMENT
222 Laporte Ave.
You may also join online via Zoom, using this link: https://fcgov.zoom.us/j/96707441862
Online Public Participation:
The meeting will be available to join beginning at 5:15 pm, December 14, 2023. Participants
should try to sign in prior to the 5:30 pm meeting start time, if possible. For public comments,
the Chair will ask participants to click the “Raise Hand” button to indicate you would like to
speak at that time. Staff will moderate the Zoom session to ensure all participants have an
opportunity to address the Board or Commission.
To participate:
• Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a
microphone will greatly improve your audio).
• You need to have access to the internet.
• Keep yourself on muted status.
Page 169
Item 18.
ENERGY BOARD
November 9, 2023 – 5:30 pm
222 Laporte Ave – Colorado Room
ROLL CALL
Board Members Present: Bill Althouse, Thomas Loran, Marge Moore, Alan Braslau, Jeremy Giovando,
Bill Becker, Stephen Tenbrink
Board Members Absent: Vanessa Paul, Brian Smith
OTHERS PRESENT
Staff Members Present: Christie Fredrickson, Phillip Amaya, Kendall Minor, Cyril Vidergar, John Phelan,
Members of the Public: Sonia Koetting
MEETING CALLED TO ORDER
Chairperson Tenbrink called the meeting to order at 5:30 pm.
ANNOUNCEMENTS & AGENDA CHANGES
None.
PUBLIC COMMENT
None.
APPROVAL OF MINUTES
In preparation for the meeting, board members submitted amendments via email for the October 12,
2023, minutes. The minutes were approved as amended.
STAFF REPORTS
Mr. Phelan advised of an ongoing issue at the Riverside Community Solar Garden, the project has been
down since August due to an issue with the inverter. Staff has been communicating the issues with
participating customers, as well as working with Schneider Electric to try and identify and remedy the
problem.
EXECUTIVE DIRECTOR’S UPDATE
Kendall Minor, Utilities Executive Director
Mr. Minor gave an update on the Customer Information System; he reminded the Board that the City has
been involved in lawsuit with the previous CIS vendor, Open International. The judge presiding over the
case recently ruled in favor of the City, and there will be a hearing to determine the judgment. Open
International said they plan to appeal, so the case will be ongoing.
Mr. Minor thanked and congratulated Mr. Amaya on his one-year anniversary with the City and spend
some time thanking Mr. Phelan for his many years of service ahead of his retirement next month.
Light & Power’s Safety Supervisor position remains unfilled, but the posting is still open while staff
Page 170
Item 18.
ENERGY BOARD
REGULAR MEETING
continue to search for the right candidate.
Financially, Mr. Minor said things are going well overall, though there has been some overuse of the
Operations & Maintenance fund. He explained that there has not been as much growth as anticipated due
to higher interest rates, slower development and construction; but the community has also had a mild
year in weather so purchased power costs are also down. The bond issuance for Light & Power and
Connexion was also recently completed.
Mr. Amaya and Light & Power staff have been working very hard on the Capital Improvement Plan, which
is a robust 10-year plan.
Board member Becker wondered if staff or Council has received much feedback on the rate increase that
was recently passed. Mr. Minor said he has not heard much feedback; he said the monthly rate increase
amounts to $4-5.00 a month and the Utility remains one of the lowest rates in the state.
The Meter Data Management System upgrade has been going well, though it is slightly delayed (just a
few weeks) until shortly after the new year. The vendor needed some extra time to work with the
integration of some of the Utility’s databases.
There have been some challenges with electric and water meters this year due to supply chain issues
with Honeywell (the meter vendor). This has caused a lot of manual meter reads until the malfunctioning
or older meters can be replaced.
Board members discussed Platte River’s entry into a regional market as well as their Integrated
Resources Plan and how it will interact with the Utility’s Distributed Energy Resources Management
System. Staff advised that in many of the Board’s discussion points, the technology might exist, but the
cost or the existing infrastructure may be prohibitive. Mr. Minor said while the Utility does have a robust
roadmap to reach many of these milestones, he is always open to hearing new ideas and talking through
things that work for other communities, but the ratepayers will always come first. Board member Braslau
said the Energy Board to push for new ideas and innovation even if the City is a small player in the bigger
picture. Mr. Minor agreed and thanked the Board.
Board member Moore asked if staff has seen much about vertical-axis wind turbines, which are
potentially a good alternative to more traditional horizontal-axis turbines.
DISCUSSION TO IDENTIFY QUESTIONS FOR PLATTE RIVER
Board member Braslau feels that Platte River is investing in a natural gas turbine to satisfy a regional
market requirement to have 20% excess peak hourly capacity. He wondered if the gas line would be
running all the time to sell into the market. Mr. Phelan said Mr. Braslau’s resource planning assumptions
are correct; from that perspective nothing has changed. The combustion turbine will be an aero-derivative
combustion turbine, which is a gas- or hydrogen-fueled jet-type engine that starts up and stops fast,
allowing it to be quickly accessed when solar and wind sources aren't producing enough.
Mr. Phelan added the existing combustion turbines are reliability peak assets and they hardly ever run,
but the communities pay their share for them whether they run or not. Mr. Braslau said his concern is that
the IRP modeling is based on the financial model of what makes the power less expensive for ratepayers
is that will be selling generation; he would like to know what the alternatives are, like investing in more
wind, solar, etc.
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Item 18.
ENERGY BOARD
REGULAR MEETING
Board member said more importantly it comes down to what the market is going to buy, not so much what
is going to be generated. Mr. Loran would like Platte River to confirm that a renewable resource is always
going to be less expensive than a carbon-based resource, so in theory in a market environment, that
should keep Platte River from generating and selling a non-carbon resource. Mr. Phelan said Platte River
is in a tough spot because they don’t have all the market moves, and they can’t take their resource
planning model and use it for a different purpose, such as operations. He doesn’t know if there is
something better out there and would like to ask what tools can be brought to the table to see how this
might run in the future.
Board member Becker would like additional clarification on the market capacity requirements; markets are
built to separate generation from consumption, and it seems to him that those two cannot go together.
Board member Loran agreed, he provided a list of questions to the Board he hopes Platte River may be
able to answer, and explaining resource adequacy was one of them. City staff agreed that would be a
great question for Platte River to work through with staff and the Board.
Board members discussed the questions Mr. Loran had provided and will refine the details before the
Platte River is able to attend a future Board meeting.
APPROVE 2024 WORK PLAN
Board member Braslau moved to approve the 2024 Energy Board Work Plan with proposed edits.
Board Moore seconded the motion.
Discussion:
None
It passed unanimously, 7-0, with two absent.
BOARD MEMBER REPORTS
Board member Braslau said the Historic Preservation Commission is also working on their work plan, and
he noticed one of their goals is to work on the energy impact of historic buildings.
Board member Althouse has been monitoring the Economic Advisory Board, who has been discussing
the idea of a circular economy. He used the example of local resources, if Platte River utilizes more local
resources from prosumers (as opposed to natural gas, for example), that money goes into the pockets of
local consumers, and then it can be circulated back into the economy.
Chairperson Tenbrink said he is helping lead a project at his church, which recently installed 100KW solar
system, and they are working to convert all their natural gas to heat pumps. He will report back to the
board as the project progresses.
FUTURE AGENDA REVIEW
Staff will invite Platte River to the December meeting. If they are unable to attend the Board would like to
defer the discussion to a later date so that they can have a thorough question and answer session with
Platte River staff. The Board will also hear a brief follow up presentation about PURPA Section 111 “Shall
Consider” Standards for the 2021 IIJA’s demand flexibility and electric vehicles.
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Item 18.
ENERGY BOARD
REGULAR MEETING
ADJOURNMENT
The Energy Board adjourned at 7:47 pm.
Page 173
Item 18.
PURPA “Shall Consider” Standards
Fort Collins Energy Board – December 14, 2023
John Phelan, Energy Services Manager
Cyril Vidergar, Assistant City Attorney Page 174
Item 18.
2
Agenda
Background
PURPA Section 111 requirements and history
Changes with 2021 Infrastructure Investment and Jobs Act (IIJA)
Steps to comply with requirements
Fort Collins Utilities current alignment with new sections
Public hearing motion
Page 175
Item 18.
3
PURPA Background
-Designed to promote conservation and efficiency
-Initially in response to energy crises of the 1970’s
-Commonly known for encouraging small independent power production
-Encourage conservation, efficiency, equitable rates via “standards”
-Original standards – cost of service; declining block, time-of-day, seasonal and interruptible
rates; load management
-1992 – Integrated resource planning, conservation & demand management, efficient power
supply
-2005 – net metering, generation efficiency, time-based metering, interconnection
-2007 – rate design, smart grid
-2021 via IIJA – demand flexibility and electric vehicles
Page 176
Item 18.
4
PURPA Background
PURPA 111(d) Standards Enacted Over the Years
PURPA 1978 EPAct 1992 EPAct 2005 EISA 2007 IIJA 2021
Cost of Service Integrated Resource Planning Net Metering Integrated Resource
Planning (Energy Efficiency)
Demand
response and
flexibility
Declining Block
rates
Investments in Conservation and
Demand Management
Fuel Sources Rate Design Modifications
to Promote Energy
Efficiency Investments
Electric vehicle
charging
Time-of-day Rates Energy Efficiency Investments in
Power Generation and Supply
Fossil Fuel
Generation Efficiency
Consideration of Smart Grid
Investments
Seasonal Rates Effects of Wholesale Power
Purchases on Utility Cost of Capital
Time-based Metering
and Communications
Smart Grid Information
Interruptible Rates Effects of Leveraged Capital
Structures on the Reliability of
Wholesale Power Sellers
Interconnection
Load Management
Techniques
Assurance of Adequate Fuel
Supplies
Page 177
Item 18.
5
Procedural Requirements and Timeline
-Commence consideration with public notice
-Energy Board motion November 10, 2022
-Public hearing
-Energy Board meeting (December 14, 2023 )
-Recommendation to City Council to accept staff determination
Page 178
Item 18.
6
PURPA Section 111 and IIJA
Information from APPA, June 2022 Page 179
Item 18.
7
PURPA Section 111 and IIJA
Information from APPA, June 2022 Page 180
Item 18.
8
2021 IIJA Updates
-“Shall consider” language
-Demand response and flexibility
-Shall promote the use of demand response and flexibility practices
-May establish rate mechanisms for the recovery of costs for demand response and flexibility
-Electric vehicle charging
-Shall consider measures to promote greater electrification of the transportation sector,
including establishing rates that:
-Promote EV charging options
-Improve the customer experience with EV charging
-Accelerate 3rd party investment in EV charging
-Appropriately recover the marginal costs of delivering electricity to EVs and EV charging
infrastructure
Page 181
Item 18.
9
Fort Collins Utilities Current Alignment with new Sections
-Rate design for demand response and flexibility
-Shall promote the use of demand response and flexibility practices, and
-May establish rate mechanisms for the recovery of costs for demand response and
flexibility
-Fort Collins
-Residential time-of-day rates structurally support demand response and flexibility with associated bill
benefits for customers
-Commercial coincident peak rates structurally support demand response and flexibility with associated
bill benefits for customers
-Peak Partners program provides multiple mechanisms for customer participation in demand response
-Cost of service studies are completed every two years to maintain alignment between new load
shapes, behavior, capital planning and operations
Page 182
Item 18.
10
Fort Collins Utilities Current Alignment with new Sections
-Rate design for electric vehicle charging
-Shall consider measures to promote greater electrification of the transportation sector, including establishing rates that:
-Promote EV charging options
-Improve the customer experience with EV charging
-Accelerate 3rd party investment in EV charging
-Appropriately recover the marginal costs of delivering electricity to EVs and EV charging infrastructure
-Fort Collins
-Residential time-of-day rates structurally support lower cost EV charging with associated bill benefits for customers
-City EV Readiness Roadmap (to be updated 2024) has a core objective of improving the customer experience with
EV charging
-City building codes incorporate EV charging requirements for single family, multifamily and commercial development
-Peak Partners EV charging program supports optimized charging for customers
-Cost of service studies are completed every two years to maintain alignment between new load shapes, behavior,
capital planning and operations
Page 183
Item 18.
11
Three Staff Recommendations
1. STAFF RECOMMENDATION REGARDING HISTORIC STANDARDS in Section 111 (d) (11)-(19):Staff recommends City
Council maintain current City Electric Utility polices related to those PURPA Art. I standards set forth in Section 111 (d) (11)-(19),
16 U.S.C. 2621, as amended by the Energy Policy Act of 2005 and Energy Independence and Security Act of 2007, including
policies relating to net metering, time-of-day rates, renewable energy incentives, renewable energy resource integration, and
interconnection standards, as amended by Council Ordinances No. 056, 2009; No. 003, 2010; No. 074, 2013; Nos. 053 and
163, 2018; No.125, 2019; No. 139, 2020; and No.149, 2021.
2.STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d) (20):Utilities staff conducted a comparison of
existing City electric utility rates and standards with the updated EPAct standards, finding the City’s electric utility operations
comport with the goals of and demonstrate compliance with the updated demand response standards, determining that
separately adopting the EPAct standards is not in the best interest of City electric utility ratepayers as it may be duplicative and
interfere with current benefits received by ratepayers.
3. STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d) (21):Utilities staff conducted a comparison of
existing City electric utility rates and standards with the updated EPAct standards, finding the City’s electric utility operations
comport with the goals of and demonstrate sufficient compliance with updated electric vehicle charging standards, determining
that separately adopting the EPAct standards , including shifting how marginal costs are recovered under existing rate
schedules,is not in the best interest of City electric utility ratepayers as it may be duplicative and interfere with
current ratepayer incentives.
Page 184
Item 18.
12
Motion
Based upon the above information:
-The Energy Board recommends that Council adopt by resolution the
staff recommendations that:
1.Recognize past actions related to PURPA Article 1 standards;
2.Determine that separate adoption of the EPAct standards for demand
response and electric vehicle charging is not in the best interest of
City electric utility ratepayers
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Item 18.
For More Information, Visit
THANK YOU!
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Item 18.
ENERGY BOARD
December 14, 2023 – 5:30 pm
222 Laporte Ave – Colorado Room
ROLL CALL
Board Members Present: Bill Althouse (remote), Marge Moore, Alan Braslau, Jeremy Giovando,
Stephen Tenbrink, Vanessa Paul, Brian Smith, Bill Becker (remote)
Board Members Absent: Thomas Loran
OTHERS PRESENT
Staff Members Present: Christie Fredrickson, Kendall Minor (remote), Cyril Vidergar, John Phelan, Brian
Tholl, Michael Authier
Members of the Public: Sue McFaddin
MEETING CALLED TO ORDER
Chairperson Tenbrink called the meeting to order at 5:30 pm.
ANNOUNCEMENTS & AGENDA CHANGES
None.
PUBLIC COMMENT
Randy Fischer emailed City staff a comment regarding the Riverside Community Solar Project and asked
it to be read aloud during tonight’s meeting, as he was unable to attend in person or remotely. Mr. Fischer
is a participant in the project and expressed his deep concern about the timeline for repairs, not just for
participants of the project but for a loss of the resource and the value it adds to the community. He
encouraged the Board and City staff to engage every possible resource available to reduce climate-
destroying emissions and to affirm commitment to renewable energy by quickly getting a valuable,
existing renewable resource up and producing power again.
Ms. McFaddin implored the Board to utilize their power and voice to speak up against Platte River’s plan
to explore a gas plant, or advocate for Public Utilities Commission oversight. Renewable energy is
inexpensive, and yet the City continues to raise rates without adopting new resources.
APPROVAL OF MINUTES
In preparation for the meeting, board members submitted amendments via email for the November 9,
2023, minutes. The minutes were approved as amended.
PURPA FERC RULING ON MUST CONSIDER LANGUAGE
John Phelan, Energy Services Manager & Energy Policy Advisor
Cyril Vidergar, Assistant City Attorney II
Mr. Phelan briefly explained PURPA and the request for this evening, for those Board members who were
not here last year when this process began.
PURPA, or the Public Utility Regulatory Policies Act, is a United States Act passed in 1978 as part of the
National Energy Act. It was meant to promote energy conservation and promote greater use of domestic
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energy and renewable energy. PUPPA has enacted many new standards over the years under Section
111(d), and a new set was most recently added in 2021 via the IIJA (Infrastructure Investment and Jobs
Act) for demand flexibility and electric vehicles.
Procedurally, this process commenced in November 2022, and continues with a public hearing
represented in tonight’s Energy Board meeting, which will result in a recommendation to City Council
regarding staff’s determination. The language in the new standard could be used, depending on the type
of regulatory utility, for rate cases, etc. For utilities like Fort Collins, who are not regulated, the standards
must be considered (“shall consider”), and to “make a determination” concerning implementation of such
standards.
Section 111(d) asks to consider new standards for demand response and flexibility, as well as electric
vehicle charging. Mr. Phelan explained that Fort Collins Utilities is already aligned with these new
standards. Formally, the staff recommendations are as follows:
1. STAFF RECOMMENDATION REGARDING HISTORIC STANDARDS in Section 111 (d) (11)-
(19): Staff recommends City Council maintain current City Electric Utility policies related to those
PURPA Art. I standards set forth in Section 111 (d) (11)-(19), 16 U.S.C. 2621, as amended by the
Energy Policy Act of 2005 and Energy Independence and Security Act of 2007, including policies
relating to net metering, time-of-day rates, renewable energy incentives, renewable energy
resource integration, and interconnection standards, as amended by Council Ordinances No.
056, 2009; No. 003, 2010; No. 074, 2013; Nos. 053 and 163, 2018; No.125, 2019; No. 139, 2020;
and No. 149, 2021.
2. STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d) (20): Utilities staff
conducted a comparison of existing City electric utility rates and standards with the updated
EPAct standards, finding the City’s electric utility operations comport with the goals of and
demonstrate compliance with the updated demand response standards, determining that
separately adopting the EPAct standards is not in the best interest of City electric utility
ratepayers as it may be duplicative and interfere with current benefits received by ratepayers.
3. STAFF RECOMMENDATION REGARDING STANDARD in Section 111 (d) (21): Utilities staff
conducted a comparison of existing City electric utility rates and standards with the updated
EPAct standards, finding the City’s electric utility operations comport with the goals of and
demonstrate sufficient compliance with updated electric vehicle charging standards, determining
that separately adopting the EPAct standards , including shifting how marginal costs are
recovered under existing rate schedules, is not in the best interest of City electric utility
ratepayers as it may be duplicative and interfere with current ratepayer incentives.
Board members wondered if there is value in supporting the PURPA standards to maintain that the City is
clear on their commitment to its climate goals. Mr. Vidergar noted that Fort Collins is home rule
municipality, and declining to act on the standards doesn’t change what work staff is already doing,
However, staff recognizes that it may create an issue in the public’s perception. On the other side,
adopting the language right out of PURPA would require an update to the City’s code, and that creates
potential to tie our hands, limiting what can and can’t be done. Board member Smith suggested changing
the staff recommendation language so that it sounds more positive, as opposed to using the phrase “not
in the best interest,” which may help with the issue of perception.
Board members discussed if the Utility’s rate structure (i.e. Time of Day rates) follows the spirit of
PURPA’s article standards. Mr. Vidergar said it’s important to consider other policies and projects
happening in the City, as PURPA is only looking at rates, which is only a portion of the larger picture.
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Board member Braslau said the City cannot hide behind the fact that the Utility has a rate structure that
may support the community’s goals if it also doesn’t have the policies or oversight to back up those goals.
Mr. Phelan said it’s important to remember that it is likely that rates will change significantly over the next
few years due to the significant changes on the horizon, such as Platte River entering a regional
transmission market, the new utility billing system, etc.
Board member Althouse said PURPA is designed to bring distributed resources to Investor-Owned
Utilities, and that Fort Collins Utilities should not be blowing past these standards. He commended Mayor
Arndt for saying (in a recent blog post) that the only way to make a serious commitment of local resources
in order to lower the City’s purchased power costs; the best way to lower rates is to buy less.
Board member Moore moved the Energy Board recommend that City Council adopt by resolution
the staff recommendations that:
1. Recognize past actions related to PURPA Article 1, Section 111 Subsection (d) standards;
2. Recognize the value of these PURPA standards (paragraphs 20 and 21 of section 111) of
the EPAct standards for demand response and electric vehicle charging;
3. Separate formal adoption of the EPAct standards does not provide additional benefit to
city electric utility rate payers based on current operations;
4. Council should keep in mind that ongoing consideration of policies and regulation will be
necessary in order for the electric rate provisions to have their intended outcomes.
Board member Smith seconded the motion.
Discussion:
Board member Althouse wondered if PURPA is irrelevant to Fort Collins Utilities because of the Mayor’s
commitment to the deployment of local resources, and he wondered how the Board will support that
commitment.
Vote on the Motion: It passed, 7-1, with one absent.
Board member Moore moved the Energy Board to write an addendum memo providing additional
context and summary of the Board’s discussion at tonight’s meeting.
Vice Chairperson Paul seconded the motion.
Vote on the Motion: It passed unanimously, 8-0, with one absent.
DISCUSSION OF PLATTE RIVER’S NATURAL GAS PLANT
Chairperson Tenbrink said he wanted to bring this discussion to the Board and agree upon some kind of
position and action they can take as a Board. He explained that as he understands it, Platte River is
pursuing a closed RFP (request for proposal), as opposed to an Open RFP. He is also concerned about
opening a natural gas-powered turbine given the City’s (and Platte River’s) climate goals. Mr. Tenbrink
added that he didn’t realize this project was on its way to being signed off on, and why City Council did
not approach the Board for feedback ahead of the decision.
Board member Braslau said Mayor Ardent has said to others that she did not receive any negative
feedback about the project, but he personally reached out to her and did get a response to the email.
Board member Smith asked for clarification about where the project currently stands, he wondered if it is
already approved and signed off on by all required leadership at the Platte River Board. Mr. Minor said
there was an all-renewable Open RFP that was considered for capacity for dispatchable energy that
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Platte River decided not to pursue. The RFP for the natural gas turbine is still under evaluation and has
not been finalized at this time and will not be finalized until next year. When it is complete, it will be
brough before the Board to discuss next steps. Board members wondered if there was still time for the
process to be eventually evaluated by the PUC.
Mr. Camacho explained that Platte River is not regulated by the Public Utilities Commission (PUC). Platte
River file their Integrated Resources Plan (IRP) through the Western Area Power Administration (WAPA),
as customers of WAPA. They also volunteered their Clean Energy Plan to the PUC, which supports the
State’s carbon reduction goals. Platte River’s Board of Directors passed a resolution in October that gave
staff direction to pursue options for dispatchable capacity based on the limitations that are already
forecasted through their resource planning based on where technology currently sits with long-duration
battery storage and the growing need to network out a Virtual Power Plant and the volatile intermittency
of renewable energy. Based on that, staff recommended pursuing the permitting process for an
aeroderivative turbine facility that does run off natural gas but would eventually be able to run off green
hydrogen once that becomes commercially viable. He reiterated that staff is currently outlining the
permitting process for this turbine.
Board member Giovando asked why Platte River needs the turbine. Is the capacity needed to be part of
the regional market, or is Platte River worried about the integration of renewables. Mr. Camacho said it is
all of the above; Platte River is integrating a large number of renewable resources that will be transitioned
to the base load as they retire coal-fired generation, and there is also a resource adequacy mandate for
all participants in the regional transmission market.
Board member Paul asked when Platte River expects hydrogen to be commercially viable. Mr. Camacho
stated its an emerging technology; resource planners are working with models and researchers working
on the 2024 IRP and as of right now they are anticipating it could be available in the middle part of the
next decade (2030s), but that is an optimistic forecast based on where technology sits today.
Board member Braslau said his concern is that the ability to convert the turbine to green hydrogen is a
smoke screen; he said it is not a question of economic viability but is the turbine really going to be
adaptive from a materials perspective. There are so many challenges with materials, and he believes this
is taking the wrong approach. He suggested distributed fuel cells as an alternative. He believes this
investment is being made to be used, to sell energy and to sell ancillary services. He expects Platte River
will burn a lot of natural gas in the future and that is not part of the City’s climate goals.
Mr. Camacho said it is Platte River’s responsibility as a generation utility to provide the reliability factor,
and so they will pursue and explore options to ensure reliability for all its owner communities.
Chairperson Tenbrink asked why Platte River will not be exploring the all-source RFP. Mr. Camacho said
Platte River is looking at multiple RFPs, and they are all very specific to capturing as many renewable
options for Platte River and its Resource Diversification Policy (RDP). An all-source RFP would look at
every option possible, that could even possibly include natural gas or other carbon-emitting resources.
Platte River is very specific with the types of energy sources that are needed to support the RDP.
Board member Althouse said natural gas has priority for residential heating in the wintertime, and the way
Platte River describes dark calm as a five-day stretch of below zero, Platte River will not be able to get
gas; they will need gas storage, so he wondered what is the cost of 200MW running nonstop for five days
(storage, compression, facility, etc.), so that it actually can run during the dark calm. Mr. Camacho said he
does not have an answer for that offhand, so he would need to follow up with him and the Board at a later
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date.
Chairperson Tenbrink proposed that he write a draft memo expressing the Board’s concerns about this
effort, and he will have the Board review and vote on sending the memo to City Council at their next
meeting. Board member Braslau said it would be even more impactful if some Board members could go
to the Council meeting and read the memo during public comment.
Board member Moore asked if Platte River didn’t pursue the gas turbine, what is the alternative option(s)
during a dark calm period. Board member Smith advised it is both for capacity and for reliability. Board
member Braslau believes that if Platte River is investing in the turbines, then they are going to run them; if
they don’t run them then it becomes a stranded cost. He said there could be other solutions that are less
financially favorable for Platte River, but they are not considering those. Chairperson Tenbrink said he is
concerned that there could be scenarios when Platte River is generating enough to meet the
communities’ loads, but the market has a need and so the turbines will be run to satisfy the market’s
need, even if we do not need it locally.
Mr. Phelan noted that what we know about the market today is that the participants are showing up with
both load and resources, and they must show up every day with enough resources to cover their own
load. That does not mean that those resources are going to run on any given day (save a peak summer
or winter day, or similar). It remains largely an economic dispatch approach, and the challenge is that the
resource planning doesn’t change going into the market, yet the operations will be very different, and that
question of how things will operate remains unanswered. The City’s (and the other three cities’)
relationship will change as Platte River shifts to a market representative, so how the City will help guide
Platte River’s future operations (as a member of Platte River), is an open question right now.
Mr. Camacho said understanding how a market will function is incredibly complex, there are specific
reasons for asking a market participant to dispatch a resource. Though this market will be new when
Platte River joins it, there are other markets across the nation that we can study to understand the
functionality and operations. Finally, he added that the aeroderivative turbines are capable of dispatching
on a moment’s notice based on the volatility of renewable generation (unlike the existing combustion
turbines at Rawhide). Board members asked about short-term battery storage and Mr. Camacho
confirmed Platte River is investing in the technology.
Board member Althouse said batteries provide ramping time to get turbines online, if this is about power
quality and instant response, there is nothing quicker than a battery that can act as a bridge.
The Board agreed that Chairperson Tenbrink should draft a memo and he will send to the Board to review
over the holiday break.
DRAFT 2023 ANNUAL REPORT
Chairperson Tenbrink explained the purpose of the annual report and advised he would be wrapping up
his draft version and distributing it to the Board. He asked that each member take some time to review
and add additional content as they see fit.
BOARD MEMBER REPORTS
Board member Braslau said the Land Use Code will be addressed at the next City Council meeting after
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a petition by local group Preserve Fort Collins was successful in collecting enough signatures to bring it
back to Council. Council will need to decide to repeal the last iteration of the code or send the code to the
ballot for voters to decide.
FUTURE AGENDA REVIEW
January’s meeting will include a final review of the Board’s annual report, a review of the Board’s draft
planning calendar for the year ahead, as well as the possibility of officer elections (the Board may also
decide to wait until the new Board is seated in April to hold elections.
ADJOURNMENT
The Energy Board adjourned at 7:47 pm.
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Item 18.
File Attachments for Item:
19. Resolution 2024-147 Adopting the 2024 Three-Mile Plan Update for the City of Fort
Collins.
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort
Collins. The Three-Mile Plan is a reference document of plans and policies coordinating the
general location, character, infrastructure, and land uses for areas of potential annexation within
three miles of the municipal boundary.
An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and
highlights applicable plans and policies adopted or amended by Council over the preceding
year.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Ryan Mounce, City Planner
SUBJECT
Resolution 2024-147 Adopting the 2024 Three-Mile Plan Update for the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort Collins.
The Three-Mile Plan is a reference document of plans and policies coordinating the general location,
character, infrastructure, and land uses for areas of potential annexation within three miles of the municipal
boundary.
An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and highlights
applicable plans and policies adopted or amended by Council over the preceding year.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 1987, the Colorado Legislature modified annexation laws to limit municipal annexations to no more than
three miles in a single direction in a given year. A requirement was later added that each municipality shall
prepare and adopt a “Three-Mile Plan” to coordinate the provision of services, infrastructure, utilities, and
land uses for areas of potential annexation near municipal boundaries.
Section 31-12-105 of the Colorado Revised Statues requires the City to complete a plan as follows:
Prior to completion of any annexation within the three-mile area, the municipality shall have in place
a plan for that area that generally describes the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields,
other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation,
transportation, and power to be provided by the municipality and the proposed land uses for the
area. Such plan shall be updated at least once annually.
The City’s original Three-Mile Plan was adopted by Council in 1998 and has been revised annually
pursuant to State Statutes. The Fort Collins Three-Mile Plan functions as a reference document,
highlighting adopted plans and policies describing the general location, character, utilities, infrastructure,
and land uses within and beyond the municipal boundary.
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Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
This Three-Mile Plan describes relevant and applicable plans and policies for each of the items listed in
the statute in four categories:
Transportation-related items:
Streets
Subways
Bridges
Parkways
Aviation Fields
Terminals for Transportation
Parks, Natural Areas, and Open Lands-related items:
Waterways
Waterfronts
Playgrounds
Squares
Parks
Grounds
Open Spaces
Utilities and related items:
Public Utilities
Terminals for Water, Light, Sanitation, and Power Provided by the Municipality
Proposed Land Uses:
Inside Growth Management Area
Outside Growth Management Area
This update represents a routine and recurring action to ensure compliance with State requirements. There
have been relatively few changes to the plans and policies referenced in the Three-Mile Plan since the last
update in 2023. Specifically, the 2024 update highlights in bold the following plans and policies that have
been adopted or amended over the preceding year:
Fort Collins Land Use Code
City of Fort Collins Strategic Plan
City Plan (Structure Plan Map)
Town of Windsor Comprehensive Plan
As Fort Collins limits future annexations to areas within an established Growth Management Area (GMA),
the Plan is less applicable to areas beyond the boundary of the Fort Collins GMA. While the Three-Mile
Plan generally references City-adopted plans and policies, it also includes several plans adopted by other
jurisdictions such as Larimer County, Colorado State University, or adjoining municipalities, as they may
provide contextual guidance for areas within three miles of the Fort Collins municipal boundary.
CITY FINANCIAL IMPACTS
None.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission recommended Council adopt the 2024 Three-Mile Plan update 7-0
on the Commission’s consent agenda at their November 21, 2024, hearing.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Presentation
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Item 19.
-1-
RESOLUTION 2024-147
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2024 THREE-MILE PLAN UPDATE FOR THE
CITY OF FORT COLLINS
A. Colorado law provides under Colorado Revised Statutes Section 31-12-105
that each municipality annexing land in the state must prepare and annually update a plan
for the geographic area within three miles in any direction from the municipality’s
boundaries (the “Three-Mile Plan”).
B. A municipality’s Three-Mile Plan must generally describe the proposed
location, character, and extent of streets, subways, bridges, waterways, waterfronts,
parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open
spaces, public utilities, and terminals for water, light, sanitation, transportation, and power
to be provided by the municipality and the proposed land uses for the area .
C. The City’s original Three-Mile Plan was adopted by Resolution 98-1 on
January 6, 1998, and has been annually updated since that time.
D. The City Council most recently adopted an updated Three -Mile Plan on
December 5, 2023, with the adoption of Resolution 2023-102.
E. The Planning and Zoning Commission, at its November 21, 2024, meeting
unanimously recommended, as part of its consent agenda, that City Council approve the
2024 Three-Mile Plan.
F. City staff has prepared and presented to the City Council a proposed 202 4
update of the Three-Mile Plan for the City, which the City Council has determined is in the
best interests of the City of Fort Collins and should be approved .
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 updated Three-Mile Plan for the City, attached hereto as
Exhibit A and incorporated herein, is hereby approved and adopted.
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Heather N. Jarvis
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Item 19.
2024 Update
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
Table of Contents
Table of Contents ............................................................................................................ 2
I.Introduction .............................................................................................................. 3
What is the Purpose of the Three-Mile Plan? ........................................................... 3
What Does the Three-Mile Plan Describe? .............................................................. 3
II.Elements of the Three-Mile Plan .............................................................................. 5
Transportation-related Items .................................................................................... 5
Parks, Natural Areas, and Open Lands-related Items .............................................. 6
Utilities and Related Items ....................................................................................... 8
Proposed Land Uses ................................................................................................ 9
ATTACHMENT A: Three-Mile Plan Boundary .............................................................. 11
ATTACHMENT B: Significant Waterways and Waterfronts within the Three-Mile Plan
Boundary ....................................................................................................................... 12
ATTACHMENT C: Airports within the Three-Mile Plan Boundary ................................ 13
ATTACHMENT D: Land Uses within the Three-Mile Plan Boundary……………………14
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
I.Introduction
What is the Purpose of the Three-Mile Plan?
The Three-Mile Plan for the City of Fort Collins is a reference document of approved plans
and policies describing infrastructure, land use planning, and provision of services for
areas of potential annexation. The Plan is required per Colorado Revised Statues Section
31-12-105 and is updated annually to reflect new or revised plans and policies.
The Three-Mile Plan describes the general location, character, utilities, and infrastructure
for areas within three miles of the municipal boundary. The Three-Mile Plan takes a much
broader approach to the annexation and development of land than a specific annexation
impact report and ensures proposed annexations are consistent with the City’s
comprehensive plan and other annexation and land development policies.
Section 31-12-105 of the Colorado Revised Statutes requires municipalities to complete
a plan within three miles in any direction of the municipal boundary as follows:
Prior to the completion of any annexation within the three-mile area,
the municipality shall have in place a plan for that area that generally
describes the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks, aviation fields, other public ways, grounds, open
spaces, public utilities, and terminals for water, light, sanitation,
transportation, and power to be provided by the municipality and the
proposed land uses for the area.
Updates to the Three-Mile Plan are routine and occur on an annual basis. The 2024
update highlights changes to approved plans, policies, and other applicable documents
which have occurred since the prior Three-Mile Plan was adopted in 2023.
What Does the Three-Mile Plan Describe?
This Three-Mile Plan references and illustrates adopted plans, policies, maps, and other
documents adopted by the City which generally describe the location, character, and
extent of land uses, transportation facilities, and infrastructure required by State Statutes
listed above. These documents are organized into four categories, as follows:
Transportation-related Items:
Streets
Subways
Bridges
Parkways
Aviation Fields
Other Public Ways
Terminals for Transportation
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
Parks, Natural Areas and Open Lands-related Items:
Waterways
Waterfronts
Playgrounds
Squares
Parks
Grounds
Open Spaces
Utilities and Related Items:
Public Utilities
Terminals for Water, Light, Sanitation, and Power Provided by the Municipality
Proposed Land Uses:
Inside Growth Management Area (GMA)
Outside Growth Management Area (GMA)
In addition to adopted plans and policies adopted by the City, the Three-Mile Plan may
also reference other plans and policies adopted by neighboring jurisdictions or
organizations that provide contextual guidance as they overlap with Fort Collins’ Three-
Mile Plan study area.
2024 Three-Mile Plan Updates
There have been relatively few updates to existing plans or newly-adopted plans within
the three-mile study area over the past year. Section II highlights updated or newly-
adopted documents from the preceding year in bold text.
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
II. Elements of the Three-Mile Plan
Transportation-related Items
1. Streets:
1041 Regulations
2024 City of Fort Collins Strategic Plan
Actives Modes Plan
Airport Master Plan
Capital Improvement Plan
City Plan
City of Fort Collins Master Street Plan
City of Fort Collins Street Standards
City of Fort Collins Bicycle Safety Education Plan
Colorado State University Parking and Transportation Master Plan
Downtown Parking Plan
Fort Collins Transportation Master Plan
Harmony Road ETC Master Plan
Harmony Road Access Control Plan
I-25/392 Interchange Improvement Plan
Larimer County Transportation Master Plan
Larimer County Urban Area Street Standards
Mason Corridor Master Plan
North Front Range Regional Transportation Plan
North College and Highway 14 Access Control Plan
Northern Colorado Regional Planning Study
Northern Colorado Regional Communities I-25 Corridor Plan
Our Climate Future
South College Access Control Plan
Fort Collins Streetscape Design Standards
Resilient Recovery Plan
Subarea Plans
o CDOT US392 Environmental Overview Study
o CDOT North I-25 Environmental Impact Statement
o CDOT US287 Environmental Overview Study
o Downtown Plan
o Downtown River Corridor Implementation Program Summary Report
o Downtown Strategic Plan
o East Mulberry Plan
o East Side Neighborhood Plan
o Fossil Creek Reservoir Area Plan
o Harmony Corridor Plan
o I-25 Subarea Plan
o Lincoln Corridor Plan
o Midtown in Motion
o Mountain Vista Subarea Plan
o North College Corridor Plan
o North College MAX BRT Plan
o Northside Neighborhood Plan
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
o Northwest Subarea Plan
o Old Town Neighborhoods Plan
o Prospect Road Streetscape Program
o South College Corridor Plan
o State Highway 392 Access Control Plan
o West Central Neighborhoods Plan
Transfort Strategic Operating Plan
Transit Plan: Fort Collins, Loveland, and Larimer County (1996-2002)
Transit Oriented Development Parking Study
Vision Zero Action Plan
West Elizabeth Enhanced Travel Corridor Plan
2. Subways: None
3. Bridges:
1041 Regulations
Master Street Plan
North Front Range Regional Transportation Plan
4. Parkways:
Larimer County Urban Area Street Standards
5. Aviation Fields:
Airport Master Plan
The attached map entitled “Airports within the Three-Mile Area Plan
Boundary” locates all airports within the plan area
6. Other Public Ways: None
7. Terminals for Public Transportation:
1041 Regulations
North College MAX BRT Plan
Mason Corridor Master Plan
Parks, Natural Areas, and Open Lands-related Items
1. Waterways:
Cache La Poudre River Landscape Opportunities Study
Downtown River Corridor Implementation Program
Poudre River Downtown Master Plan
Stormwater Master Plan and Floodplain Regulations
Water Quality Management Policy for City-owned Lakes & Stormwater Basins
Watershed Approach to Stormwater Quality
The attached map entitled “Significant Waterways and Waterfronts within the
Three-Mile Area Plan Boundary” locates all significant waterways within the
plan area
EXHIBIT A TO RESOLUTION 2024-147
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Item 19.
2. Waterfronts:
Water Quality Management Policy for City-owned Lakes & Stormwater Basins
The attached map entitled “Significant Waterways and Waterfronts within the
Three-Mile Area Plan Boundary” locates all significant waterways within the
plan area
3. Playgrounds, Squares, Parks:
2024 City of Fort Collins Strategic Plan
City Plan
Larimer County Comprehensive Parks Master Plan
Parks and Recreation Master Plan
Poudre School District Master Plan
Resilient Recovery Plan
Subarea Plans
o Campus West Community Commercial District Planning Study Report
o CDOT US392 Environmental Overview Study
o CDOT North I-25 Environmental Impact Statement
o CDOT US287 Environmental Overview Study
o College & Drake Urban Renewal Plan
o Downtown Plan
o Downtown River Corridor Implementation Program Summary Report
o Downtown Strategic Plan
o East Mulberry Plan
o East Side Neighborhood Plan
o Fossil Creek Reservoir Area Plan
o Harmony Corridor Plan
o I-25 Subarea Plan
o Lincoln Corridor Plan
o Midtown in Motion
o Montava PUD Master Plan & Montava PUD Overlay
o Mountain Vista Subarea Plan
o North College Corridor Plan
o North College MAX BRT Plan
o Northside Neighborhood Plan
o Northwest Subarea Plan
o Old Town Neighborhoods Plan
o Prospect Road Streetscape Program
o South College Corridor Plan
o State Highway 392 Access Control Plan
o West Central Neighborhoods Plan
Thompson School District Master Plan
Trails Master Plan
4. Grounds, Open Spaces:
Bobcat Ridge Natural Area Management Plan – outside Growth Management
Area (GMA)
Cache La Poudre River Natural Areas Management Plan
City Plan
EXHIBIT A TO RESOLUTION 2024-147
Page 204
Item 19.
City of Fort Collins Natural Areas Program Land Conservation and
Stewardship Master Plan
Colorado State University (CSU) Master Plan
Foothills Natural Areas Management Plan
Fossil Creek Natural Areas Management Plan
Fossil Creek Reservoir Regional Open Space Management Plan
Larimer County Open Lands Master Plan
Larimer County Comprehensive Parks Master Plan
Northern Colorado Regional Planning Study
Natural Areas Master Plan
Our Climate Future
Parks and Recreation Master Plan
Plan for the Region Between Fort Collins and Loveland
Regional Community Separator Study
Soapstone Prairie Natural Area Management Plan – outside GMA
Wellington Community Separator Study
Windsor Community Separator Study
Utilities and Related Items
1. Public Utilities:
1041 Regulations
208 Plan
2007 East Larimer County Water District (ELCO) Master Plan Update
2024 City of Fort Collins Strategic Plan
Boxelder Sanitation District Wastewater Utility Plan
City Plan
Drinking Water Quality Policy
Fort Collins Communitywide 100% Renewable Electricity Goal
Fort Collins-Loveland Water District Master Plan
Fort Collins Metropolitan District Policy
Fort Collins Water Supply and Demand Management Policy
Fort Collins Water Supply Shortage Response Plan
Fort Collins Wastewater Master Plan Update
Fort Collins Revised Water Treatment Facility Master Plan
Fort Collins Utilities Energy Policy 2016 Update
Fort Collins Utilities Water and Wastewater Design Criteria Manual
Greywater Ordinance
Our Climate Future
Resilient Recovery Plan
South Fort Collins Sanitation District Master Plan for Wastewater Collection
and Treatment
Stormwater Criteria Manual
Stormwater Master Plan and Floodplain Management
Water Conservation Plan
Water Efficiency Plan
EXHIBIT A TO RESOLUTION 2024-147
Page 205
Item 19.
2. Terminals for Water, Light, Sanitation, Transportation, and Power Provided by
the Municipality:
1041 Regulations
208 Plan
City Plan
City of Fort Collins Master Street Plan
City of Fort Collins Electric Long Range Plan
Drinking Water Quality Policy
Fort Collins Communitywide 100% Renewable Electricity Goal
Fort Collins-Loveland Water District Master Plan
Fort Collins Water Supply and Demand Management Policy
Fort Collins Water Supply Shortage Response Plan
Fort Collins Wastewater Master Plan Update
Fort Collins Revised Water Treatment Facility Master Plan
Fort Collins Utilities Energy Policy 2016 Update
Fort Collins Utilities Water and Wastewater Design Criteria Manual
South Fort Collins Sanitation district Master Plan for Wastewater Collection
and Treatment
Stormwater Criteria Manual
Stormwater Master Plan and Floodplain Management
Water Quality Management Policy for City-owned Lakes & Stormwater Basins
Water Conservation Plan
Water Efficiency Plan
Proposed Land Uses
1. Land Uses Defined within the Growth Management Area (GMA):
2024 City of Fort Collins Strategic Plan
City Plan
Fort Collins Housing Strategic Plan
Fort Collins Land Use Code
Fort Collins and Larimer County Intergovernmental Agreement
Fort Collins Metropolitan District Policy
Fort Collins and Windsor Intergovernmental Agreement
Fort Collins and Timnath Intergovernmental Agreement Eighth Amendment
Colorado State University (CSU) Master Plan
City of Fort Collins Intergovernmental Agreements (Town of Timnath, South
Fort Collins/Loveland Water District)
Resilient Recovery Plan
Subarea Plans
o Campus West Community Commercial District Planning Study Report
o CDOT US392 Environmental Overview Study
o CDOT North I-25 Environmental Impact Statement
o CDOT US287 Environmental Overview Study
o College & Drake Urban renewal Plan
o Downtown Plan
o Downtown River Corridor Implementation Program Summary Report
o Downtown Strategic Plan
EXHIBIT A TO RESOLUTION 2024-147
Page 206
Item 19.
o East Mulberry Plan
o East Side Neighborhood Plan
o Fossil Creek Reservoir Area Plan
o Harmony Corridor Plan
o Harmony Road ETC Master Plan
o I-25 Subarea Plan
o Midtown Plan
o Montava PUD Master Plan & Montava PUD Overlay
o Mountain Vista Subarea Plan
o North College Corridor Plan
o North College MAX BRT Plan
o Northside Neighborhood Plan
o Northwest Subarea Plan
o Old Town Neighborhoods Plan
o Prospect Road Streetscape Program
o South College Corridor Plan
o State Highway 392 Access Control Plan
o West Central Neighborhoods Plan
Wireless Telecommunications Master Plan
2. Land Uses Outside the GMA:
A Plan for the Region Between Fort Collins and Loveland
City of Loveland Three-Mile Area Plan
Fort Collins-Windsor Intergovernmental Agreement for Development of the
Interstate 25 / State Highway 392 Interchange
LaPorte Area Plan
Larimer County Comprehensive Plan
Larimer County Multi-Jurisdictional Hazard Mitigation Plan
Loveland Comprehensive Master Plan
Loveland Bicycle & Pedestrian Plan
Northern Colorado Community Separator Study
Northern Colorado Regional Communities I-25 Corridor Plan
Town of Windsor Comprehensive Plan
Town of Timnath Comprehensive Plan
Town of Wellington Comprehensive Master Plan
EXHIBIT A TO RESOLUTION 2024-147
Page 207
Item 19.
ATTACHMENT A: Three-Mile Plan Boundary
EXHIBIT A TO RESOLUTION 2024-147
Page 208
Item 19.
ATTACHMENT B: Significant Waterways and Waterbodies within
the Three-Mile Plan Boundary
EXHIBIT A TO RESOLUTION 2024-147
Page 209
Item 19.
ATTACHMENT C: Airports within the Three-Mile Plan Boundary
EXHIBIT A TO RESOLUTION 2024-147
Page 210
Item 19.
ATTACHMENT D: Land Uses within the Three-Mile Plan
Boundary
EXHIBIT A TO RESOLUTION 2024-147
Page 211
Item 19.
2025 Three-Mile Plan Update
City Council –Dec. 17, 2024
Page 212
Item 19.
2Overview
Three-Mile Plan
Plan and annual updates required by State statute
Identifies and coordinates the provision of infrastructure, services, and land uses for
areas of potential annexation within three miles of City limits
Plan is a reference document of Plans and Policies adopted by the City
Section 31-12-105 of the Colorado Revised Statues requires the City to complete a plan as follows:
Prior to completion of any annexation within the three-mile area, the municipality shall have in place a
plan for that area that generally describes the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other
public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation,
transportation, and power to be provided by the municipality and the proposed land uses for the area.
Such plan shall be updated at least once annually.
Page 213
Item 19.
32024 Update
New or Updated Plans & Policies Referenced:
Fort Collins Land Use Code
Fort Collins Strategic Plan
City Plan (Structure Plan Map)
Town of Windsor Comprehensive Plan
Page 214
Item 19.
4Three-Mile Plan Vicinity
Page 215
Item 19.
5Three-Mile Plan Waterways
Page 216
Item 19.
6Three-Mile Plan Airfields
Page 217
Item 19.
7Three-Mile Plan Land Uses
Page 218
Item 19.
File Attachments for Item:
20. Resolution 2024-148 Adopting Amended Rules of Procedure Governing the Conduct
of City Council Meetings and Council Work Sessions.
The purpose of this item is to consider an update to the Council Meeting Rules of Procedure.
Page 219
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Resolution 2024-148 Adopting Amended Rules of Procedure Governing the Conduct of City Council
Meetings and Council Work Sessions.
EXECUTIVE SUMMARY
The purpose of this item is to consider an update to the Council Meeting Rules of Procedure.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Over the past several years, Council has adopted changes to the meeting Rules and Procedures to adapt
to both the needs of the community and circumstances.
Over the past few months, there have been increased requests to show videos and PowerPoint
presentations during public comment. Currently, these items must be provided to the City Clerk in a form
or forma readily usable on the City’s display technology no later than two (2) hours prior to the beginning
of the meeting at which the materials are to be presented.
Increasingly, presentation materials are being submitted that include significant video and audio
programming and go beyond the Council’s intended purpose of allowing members of the public to speak
on issues of concern to them. Rather than continue the growing use of the public comment time for
broadcasting of videos and audio recordings, presentation materials for general public comment will be
limited to pdf format presentations that do not contain embedded video. Additionally, allowing submitted
videos introduces significant risks that could compromise our systems, expose sensitive information, and
disrupt Council meetings. Examples of these risks include:
Cybersecurity Threats: Videos could contain hidden malware or viruses that infect our systems when
opened or played.
Data and Privacy Breaches: Videos could inadvertently display confidential information, such as
personal addresses, sensitive documents, or private footage.
Manipulated Content: Technologies like deepfakes allow individuals to create videos that misrepresent
people or events. This could lead to false accusations or spread misinformation, undermining public
trust in Council processes.
Page 220
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
This change should in no way impact an individual’s opportunity to provide Councilmembers with the
information they desire to provide. Members of the public may continue to send Councilmembers videos,
PowerPoint presentations and other information through email. They may also continue to provide
Councilmembers with information at the meeting by providing the Clerk’s office with ten (10) printed copies
of the information. Staff will display the information provided while the individual is speaking at the podium.
The time for general public comment at Council meetings will continue to allow a time for individual
comments, explanations and opinions about matters of concern.
This item also provides a clarification on page 3 related to protest hearings to remove spec ific section
numbers and refer, instead, to the Chapter of code that applies.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 221
Item 20.
- 1 -
RESOLUTION 2024-148
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT
OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS
A. The City Council has previously adopted certain Rules of Procedure
Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules
of Procedure have been amended from time to time by the Council, most recently in July
2024 with the adoption of Resolution 2024-090.
B. The Rules of Procedure are intended to promote the orderly and efficient
conduct of the meetings and ensure fair treatment of members of the public wishing to
comment for Council’s consideration.
C. The City Council wishes to further amend the Rules of Procedure to more
specifically address the requirements for and limitations on presentation materials to be
displayed in connection with public comment during Council meetings .
D. The Council further wishes to revise the Rules to clarify that persons wishing
to speak during individual discussion items are required to sign up to do so.
E. The revision of the Rules of Procedure to address the issues noted herein,
as set forth in Exhibit “A,” will improve the conduct of Council meetings and provide clarity
for the public.
F. The City Council believes that such rules and regulations are 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 RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The revised Rules of Procedure Governing the Conduct of City
Council Meetings and Work Sessions (“Rules of Procedure”), attached hereto as Exhibit
“A” and incorporated herein by this reference, are hereby adopted by the City Council.
Section 2. The Rules of Procedure shall supersede all previous rules of
procedure that have heretofore been adopted by the City Council including, but not limited
to, Resolution 2024-090.
Passed and adopted on December 17, 2024.
Page 222
Item 20.
- 2 -
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Carrie Daggett
Page 223
Item 20.
Governing the Conduct of City Council Meetings
and Work Sessions
Adopted December 17, 2024
Resolution 2024-148
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a. Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
In the event the Mayor, or City Council by majority vote, determines at any time that
circumstances necessitate that Council conduct all or a portion of a regular or special
meeting using remote technology, Councilmembers may fully participate in and vote
in that meeting using remote technology.
b. The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting
and may participate in person unless public access for a particular meeting is limited to
remote-only access, whether in advance of that meeting, or during the meeting in
response to disruption of the planned meeting location or arrangements.
c. If circumstances prevent or are reasonably expected to prevent the Council from
carrying out its business in the Council Chambers, the Mayor, or the Council by
majority vote, may relocate or adjourn such meeting to an alternative location.
d. In the case of any such location change or change to the mode of public participation
allowed, notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast and stream. The meeting must, at a minimum,
be freely available to the public by electronic means or broadcast, or at a remote
viewing location. If a meeting is relocated and reconvened, or shifted to remote-only
public viewing, a minimum of forty-five (45) minutes must elapse between the
adjournment of the meeting to the new location or mode and reconvening in the new
location or mode.
Section 2. Order of Business for Regular or Special Council Meetings.
a. Regular Council meetings shall be conducted in the following order (except for
special items described below):
(A) Proclamations and Presentations. (Prior to the meeting)
(B) Call Meeting to Order
(C) Pledge of Allegiance
(D) Roll Call
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Item 20.
City Council Rules of Procedure
December 17, 2024
Page 2 of 15
(E) City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F) Community Reports (as needed): The purpose of the Community Report is
to provide an opportunity for organizations affiliated with the City (or
partnering with the City in specific ways) to update Council and the general
public on activities and accomplishments within its organization of interest
to the City. Examples include County Health Department, Library District,
Platte River Power Authority. Reports are provided at the request of Council
or City Leadership.
(G) Public Comment on Any Topics or Items or Community Events (including
comments on the Consent Calendar and any requests by commenters for
removal of items from Consent Calendar for individual discussion) The first
40 speakers will speak plus additional speakers as can be heard in a total of
90 minutes.
(H) Public Comment Follow-up (Staff will indicate to Mayor if anyone signed up to
speak on a Consent item and was not able to speak under public comment. Those
speakers will be able to speak at this point in the agenda.)
(I) Councilmember Removal of Items from Consent Calendar for Discussion
(J) Adoption of Consent Calendar
(K) Consent Calendar Follow-up
(L) Staff Reports (as needed): The purpose of the Staff Report is to provide City
Council with information on specific City projects or issues of concern to
City Council. Reports may be requested by either Council or staff.
(M) Councilmember Reports (as needed): The purpose of the Councilmember
Reports is to allow Councilmembers to update one another and the
community of any outside activities, meetings, or learning opportunities
relevant to the business of the City.
(N) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(O) Consideration of Items Planned for Discussion
(P) Resumed Public Comment (if applicable)
(Q) Other Business
(R) Adjournment
b. Special Council meetings shall be conducted in the following order (except for
special items described below):
(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
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Item 20.
City Council Rules of Procedure
December 17, 2024
Page 3 of 15
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
e. Protest hearings required under Chapter 7 of the City Code regarding certain
election-related matters shall be conducted in the following order, as part of the
agenda item for the item under protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest by the City
Council.
After completion of the Protest Hearing, Council will return to the Agenda Item and
receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall be
established by the presiding officer and shall comply with any applicable legal
requirements.
Page 226
Item 20.
City Council Rules of Procedure
December 17, 2024
Page 4 of 15
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m. and will end no later than 5:30 p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. Every regular Council meeting will end no later than midnight, except that: (1) any
item of business commenced before midnight may be concluded before the meeting
is adjourned and (2) the Council may, at any time prior to adjournment, by majority
vote, extend a meeting beyond midnight for the purpose of considering additional
items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters scheduled for consideration at
the meeting that have not yet been considered by the Council, will be deemed
continued to the next regular Council meeting, unless Council determines
otherwise.
d. If the Council for any reason is unable to complete its meeting agenda, all Consent
and Discussion items on the agenda that were not considered will be deemed
continued to the next regular Council meeting, except as otherwise specified by the
Council or, if appropriate, determined by the City Manager.
Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting.
(1) Each speaker will be required to sign up to provide public comment on a
City-provided form or system by 5:30 pm of the day of the meeting.
(2) Each speaker will only be allowed to speak one time during Public
Comment.
(3) If a speaker comments on a particular agenda item during the time for
general public comment, that speaker will not also be entitled to speak
during discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
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Item 20.
City Council Rules of Procedure
December 17, 2024
Page 5 of 15
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public.
(1) Each speaker will be required to sign up to provide public comment on a City-
provided form or system by 5:30 pm on the day of the meeting, except for
comment on procedural or other items that were not noted on the published
agenda.
(2) Each speaker will only be allowed to speak one time to comment on any
particular agenda item.
(3) Comments given during the comment period for an agenda item must pertain
to the item under consideration.
(4) The Council may, but is not required to, receive public comment in
connection with procedural matters and motions.
(5) Except as otherwise provided in these rules, public comment will be
permitted only once per item regardless of the number of motions made
during Council’s consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
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Item 20.
City Council Rules of Procedure
December 17, 2024
Page 6 of 15
(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person or group of persons, are prohibited. Any
speaker who is disrupting the meeting will be warned of the disruption and
then steps will be taken to prevent further disruption to the meeting. If the
disruption continues, the speaker’s microphone will be muted, and further
action taken to allow the Council to continue the business of the meeting
agenda.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) Dialogue between a speaker and attendees or audience of a meeting, or
comments directed to other speakers, are disruptive to the meeting and will
be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers before the
speaker next ahead of them on the speakers list is speaking (or to take a
seat nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) Generally, speakers will be called in the order they appear on the sign-up
list for speaking.
e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
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Item 20.
City Council Rules of Procedure
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circumstances that permit City staff to manage the use of the equipment, prepare
materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment portion of a meeting or during
discussion of any Council item must provide any such materials to the City
Clerk no later than two (2) hours prior to the beginning of the meeting at
which the materials are to be presented. Only pdf format presentations will
be allowed, and no embedded video or audio may be included.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council consideration
to the City Clerk (whether in hard copy or for display) in the manner
specified by the City Clerk no later than noon on the day of the meeting at
which the subject item is scheduled for consideration or 4:00 p.m. the
business day prior to the meeting if the meeting begins earlier than 6:00 pm.
Any such materials must be in pdf format and readily usable on the City’s
display technology.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
room (collectively referred to as the “Meeting Room”), except no such signs or
props shall be displayed during the conduct of a quasi-judicial hearing
during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
(5) Signs or props attached to sticks, poles, or other objects are prohibited.
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Item 20.
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c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public event.
Distribution of fliers and other literature is permitted on the sidewalks and grounds
around City Hall. Persons wishing to engage in such activities may do so only in a
manner that does not interfere with the movement of persons or obstruct the passage
of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
g. Impacts to Public Property. Meeting attendees are prohibited from altering or
damaging any furniture, equipment or other public property or from misusing the
City’s facilities in the course of attending any Council meeting or work session.
h. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
adjourned must leave in a quiet and orderly manner until outside of the building, to avoid
disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
Section 7. Council Questions and Debate.
Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
when recognized by the presiding officer. The presiding officer may limit or curtail questions or
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debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any Councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
Main motions are used to bring business before the Council for consideration and action.
A main motion can be introduced only if no other business is pending.
All main motions require a second and may be adopted by majority vote of those
Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
A main motion may be made or seconded by any Councilmember, including the presiding
officer.
A main motion is debatable and may be amended.
SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
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A motion to amend, once seconded, is debatable and may itself be amended once.
A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
“Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
unless one or more members of the Council objects, in which case the majority of the Council must consent
to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
A motion to postpone definitely must be seconded to proceed.
A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
if so, to what date or time.
Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
A motion to lay on the table must be seconded to proceed.
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Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
A motion to postpone indefinitely must be seconded to proceed.
A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
A motion to call the question is not debatable or amendable.
INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
A “point of order” takes precedence over any pending question out of which it may
arise and does not require a second.
A “point of order” is not amendable.
Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order
may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
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o No member has the right to express an opinion unless requested to do so by
the presiding officer.
When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
the adoption of a motion for division of the question.
A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
A motion to suspend the rules must be seconded to proceed.
This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
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RESTORATIVE MOTIONS
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
A motion to take an item from the table must be seconded to proceed.
A motion to take an item from the table is neither debatable nor amendable.
When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed situation
that has developed since the taking of a vote.
When a member who cannot make a motion for reconsideration believes that there
are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
A motion to reconsider is not amendable.
The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
A motion to rescind or amend something previously adopted must be seconded to
proceed.
A motion to rescind or amend something previously adopted is debatable and
amendable.
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In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
A motion to adjourn requires a second.
A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
An unconditional, privileged motion to adjourn takes precedence over most other
motions.
The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
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A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
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Item 20.
Governing the Conduct of City Council Meetings
and Work Sessions
Adopted July 2, 2024
Resolution 2024-090
Adopted December 17, 2024
Resolution 2024-___
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a. Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
In the event the Mayor, or City Council by majority vote, determines at any time that
circumstances necessitate that Council conduct all or a portion of a regular or special
meeting using remote technology, Councilmembers may fully participate in and vote
in that meeting using remote technology.
b. The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting
and may participate in person unless public access for a particular meeting is limited to
remote-only access, whether in advance of that meeting, or during the meeting in
response to disruption of the planned meeting location or arrangements.
c. If circumstances prevent or are reasonably expected to prevent the Council from
carrying out its business in the Council Chambers, the Mayor, or the Council by
majority vote, may relocate or adjourn such meeting to an alternative location.
d. In the case of any such location change or change to the mode of public participation
allowed, notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast and stream. The meeting must, at a minimum,
be freely available to the public by electronic means or broadcast, or at a remote
viewing location. If a meeting is relocated and reconvened, or shifted to remote-only
public viewing, a minimum of forty-five (45) minutes must elapse between the
adjournment of the meeting to the new location or mode and reconvening in the new
location or mode.
Section 2. Order of Business for Regular or Special Council Meetings.
a. Regular Council meetings shall be conducted in the following order (except for
special items described below):
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(A) Proclamations and Presentations. (Prior to the meeting)
(B) Call Meeting to Order
(C) Pledge of Allegiance
(D) Roll Call
(E) City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F) Community Reports (as needed): The purpose of the Community Report is
to provide an opportunity for organizations affiliated with the City (or
partnering with the City in specific ways) to update Council and the general
public on activities and accomplishments within its organization of interest
to the City. Examples include County Health Department, Library District,
Platte River Power Authority. Reports are provided at the request of Council
or City Leadership.
(G) Public Comment on Any Topics or Items or Community Events (including
comments on the Consent Calendar and any requests by commenters for
removal of items from Consent Calendar for individual discussion) The first
40 speakers will speak plus additional speakers as can be heard in a total of
90 minutes.
(H) Public Comment Follow-up (Staff will indicate to Mayor if anyone signed up to
speak on a Consent item and was not able to speak under public comment. Those
speakers will be able to speak at this point in the agenda.)
(I) Councilmember Removal of Items from Consent Calendar for Discussion
(J) Adoption of Consent Calendar
(K) Consent Calendar Follow-up
(L) Staff Reports (as needed): The purpose of the Staff Report is to provide City
Council with information on specific City projects or issues of concern to
City Council. Reports may be requested by either Council or staff.
(M) Councilmember Reports (as needed): The purpose of the Councilmember
Reports is to allow Councilmembers to update one another and the
community of any outside activities, meetings, or learning opportunities
relevant to the business of the City.
(N) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(O) Consideration of Items Planned for Discussion
(P) Resumed Public Comment (if applicable)
(Q) Other Business
(R) Adjournment
b. Special Council meetings shall be conducted in the following order (except for
special items described below):
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(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
e. Protest hearings required under Chapter 7 of the City Code Section 7-88 (regarding
re-districting) or Section 7-156 (regarding ballot title and/or submission clause)
certain election-related matters shall be conducted in the following order, as part
of the agenda item for the item under protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest by the City
Council.
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After completion of the Protest Hearing, Council will return to the Agenda Item
and receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall
be established by the presiding officer and shall comply with any applicable legal
requirements.
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m. and will end no later than 5:30 p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. Every regular Council meeting will end no later than midnight, except that: (1) any
item of business commenced before midnight may be concluded before the meeting
is adjourned and (2) the Council may, at any time prior to adjournment, by majority
vote, extend a meeting beyond midnight for the purpose of considering additional
items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters scheduled for consideration at
the meeting that have not yet been considered by the Council, will be deemed
continued to the next regular Council meeting, unless Council determines
otherwise.
d. If the Council for any reason is unable to complete its meeting agenda, all Consent
and Discussion items on the agenda that were not considered will be deemed
continued to the next regular Council meeting, except as otherwise specified by the
Council or, if appropriate, determined by the City Manager.
Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting.
(1) Each speaker will be required to sign up to provide public comment on a
City-provided form or system by 5:30 pm of the day of the meeting.
(2) Each speaker will only be allowed to speak one time during Public
Comment.
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(3) If a speaker comments on a particular agenda item during the time for
general public comment, that speaker will not also be entitled to speak
during discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public.
(1) Each speaker will be required to sign up to provide public comment on a City-
provided form or system by 5:30 pm on the day of the meeting, except for comment
on procedural or other items that were not noted on the published agenda.
(12) Each speaker will only be allowed to speak one time to comment on any
particular agenda item.
(23) Comments given during the comment period for an agenda item must pertain
to the item under consideration.
(34)The Council may, but is not required to, receive public comment in connection
with procedural matters and motions.
(45) Except as otherwise provided in these rules, public comment will be
permitted only once per item regardless of the number of motions made during
Council’s consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
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(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person or group of persons, are prohibited. Any
speaker who is disrupting the meeting will be warned of the disruption and
then steps will be taken to prevent further disruption to the meeting. If the
disruption continues, the speaker’s microphone will be muted, and further
action taken to allow the Council to continue the business of the meeting
agenda.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) Dialogue between a speaker and attendees or audience of a meeting, or
comments directed to other speakers, are disruptive to the meeting and will
be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers before the
speaker next ahead of them on the speakers list is speaking (or to take a
seat nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) Generally, speakers will be called in the order they appear on the sign-up
list for speaking.
e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
circumstances that permit City staff to manage the use of the equipment, prepare
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materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment portion of a meeting or during
discussion of any Council item must provide any such materials to the City
Clerk in a form or format readily usable on the City’s display technology
no later than two (2) hours prior to the beginning of the meeting at which
the materials are to be presented. Only pdf format presentations will be
allowed, and no embedded video or audio may be included.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council
consideration to the City Clerk (whether in hard copy or for display) in the
manner specified by the City Clerk no later than noon on the day of the
meeting at which the subject item is scheduled for consideration or 4:00
p.m. the business day prior to the meeting if the meeting begins earlier than
6:00 p.m. Any such materials must be in a form or pdf format and readily
usable on the City’s display technology. NOTE: Parties in appeals to
Council may present new evidence only in the limited circumstances set
forth in Chapter 2 of the City Code.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
room (collectively referred to as the “Meeting Room”), except no such signs or
props shall be displayed during the conduct of a quasi-judicial hearing
during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
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(5) Signs or props attached to sticks, poles, or other objects are prohibited.
c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public event.
Distribution of fliers and other literature is permitted on the sidewalks and grounds
around City Hall. Persons wishing to engage in such activities may do so only in a
manner that does not interfere with the movement of persons or obstruct the passage
of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
g. Impacts to Public Property. Meeting attendees are prohibited from altering or
damaging any furniture, equipment or other public property or from misusing the
City’s facilities in the course of attending any Council meeting or work session.
h. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
adjourned must leave in a quiet and orderly manner until outside of the building, to avoid
disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
Section 7. Council Questions and Debate.
Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
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when recognized by the presiding officer. The presiding officer may limit or curtail questions or
debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any Councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
• Main motions are used to bring business before the Council for consideration and action.
• A main motion can be introduced only if no other business is pending.
• All main motions require a second and may be adopted by majority vote of those
Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
• A main motion may be made or seconded by any Councilmember, including the presiding
officer.
• A main motion is debatable and may be amended.
SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
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• A motion to amend, once seconded, is debatable and may itself be amended once.
• A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
• Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
• Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
• “Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
unless one or more members of the Council objects, in which case the majority of the Council must consent
to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
• A motion to postpone definitely must be seconded to proceed.
• A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
if so, to what date or time.
• Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
• A motion to lay on the table must be seconded to proceed.
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• Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
• Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
• A motion to postpone indefinitely must be seconded to proceed.
• A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
• If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
• A motion to call the question is not debatable or amendable.
INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
• A “point of order” takes precedence over any pending question out of which it may
arise and does not require a second.
• A “point of order” is not amendable.
• Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
o No member has the right to express an opinion unless requested to do so by the presiding officer.
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Item 20.
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July 2 December 17, 2024
• When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
• If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
the adoption of a motion for division of the question.
• A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
• The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
• Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
• A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
• A motion to suspend the rules must be seconded to proceed.
• This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
RESTORATIVE MOTIONS
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Item 20.
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City Council Rules of Procedure
July 2 December 17, 2024
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
• A motion to take an item from the table must be seconded to proceed.
• A motion to take an item from the table is neither debatable nor amendable.
• When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
• A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
• A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
• The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed situation
that has developed since the taking of a vote.
• When a member who cannot make a motion for reconsideration believes that there
are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
• A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
• A motion to reconsider is not amendable.
• The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
• A motion to rescind or amend something previously adopted must be seconded to
proceed.
• A motion to rescind or amend something previously adopted is debatable and
amendable.
• In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
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Item 20.
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City Council Rules of Procedure
July 2 December 17, 2024
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
• The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
• In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
• A motion to adjourn requires a second.
• A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
o A conditional motion to adjourn at or to a future time is always out of order while business is pending.
• An unconditional, privileged motion to adjourn takes precedence over most other
motions.
• The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
• A motion to recess must be seconded.
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Item 20.
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City Council Rules of Procedure
July 2 December 17, 2024
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
• After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
Page 253
Item 20.
File Attachments for Item:
21. Resolution 2024-149 Supporting Grant Application for Local Match Funding in
Support of the Midtown Central Corridor Project.
The purpose of this item is to obtain support for the City to apply for the non-federal match
requirement included in the Department of Transportation’s FY2025 Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) discretionary grant program.
Page 254
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Engineering, PDT
Kerri Ishmael, Grants Administration
SUBJECT
Resolution 2024-149 Supporting Grant Application for Local Match Funding in Support of the
Midtown Central Corridor Project.
EXECUTIVE SUMMARY
The purpose of this item is to obtain support for the City to apply for the non-federal match requirement
included in the Department of Transportation’s FY2025 Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) discretionary grant program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
PDT’s Engineering, in collaboration with the Midtown Business Improvement District, pursued funding
under prior year’s 2024 RAISE discretionary grant program. The request for funds was in support of the
Midtown Central Corridor Project. Engineering requested funds under Colorado’s Department of Local
Affairs (DOLA) Infrastructure Investment and Jobs Act (IIJA) Local Match (LOMA) grant program to support
part of the City’s required match for the project. Notwithstanding being awarded funds under the LOMA
grant program, the City was unsuccessful in the request for funds under the 2024 RAISE grant program.
Considering the Midtown Central Corridor Project being a priority project, combined with the Midtown
Business Improvement District’s partnership and financial support, Engineering is pursuing planning funds
under the FY2025 RAISE grant program in support of the project. The Midtown Central Corridor Project
will finalize plans for future construction in 2028 of the 1.33-mile corridor of College Ave from Boardwalk
Drive to, and including, the West Drake Road intersection. The scope of the design covers infrastructure
updates for the corridor to improve safety for all modes of travel, business access, ADA access, active
modes infrastructure, access to the adjacent bus rapid transit line and regional Mason trail, and stormwater
drainage.
The FY2025 RAISE federal funding opportunity requires the City to contribute at least 20% of total project
costs. Although the City has committed funds, combined with a cash contribution from Midtown Business
Improvement District, there is a funding gap in meeting the match requirement for the proposed planning
project.
Page 255
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
To support meeting the funding gap for the City’s required match for the proposed planning project under
the FY2025 RAISE grant program, the City intends to apply for grant funds under DOLA’s LOMA grant
program to cover the needed matching funds.
CITY FINANCIAL IMPACTS
Support of PDT’s Engineering in applying to this DOLA LOMA grant program does not impact City finances.
If the grant is awarded, the City will seek appropriation of such grant funds from Council.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 256
Item 21.
-1-
RESOLUTION 2024-149
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING GRANT APPLICATION FOR LOCAL MATCH FUNDING
IN SUPPORT OF THE MIDTOWN CENTRAL CORRIDOR PROJECT
A. The Midtown Central Corridor Project (the “Project”) aims to reimagine
South College Avenue in Midtown, between Drake Road and Boardwalk Drive, as a
unique corridor that is accessible and safe for all, including pedestrians, cyclists, and
vehicles, while also allowing for adjacent neighborhoods to easily access all the amenities
and services in the corridor.
B. Planning of several possible improvements for the Project has been
underway for more than a decade and includes the 2013 Midtown Master Plan and the
2014 Midtown in Motion Study that were developed with input from businesses along the
corridor and the wider community and also includes the establishment in 2017 of the
Midtown Business Improvement District (“BID”).
C. The current stage of the Project will finalize plans for future construction in
2028 of the 1.33-mile corridor of College Avenue from Boardwalk Drive to, and including,
the West Drake Road intersection. The scope of the design covers infrastructure updates
for the corridor to improve safety for all modes of travel, business access, Americans with
Disabilities Act access and compliance, active modes infrastructure, access to the
adjacent bus rapid transit line and regional Mason trail, and stormwater drainage.
D. The Midtown BID and the City have committed support for conceptual
design for the Project, including having contributed funding (see Ordinance No. 037, 2022
and Resolution 2022-053), and the City’s Planning Development and Transportation
(“PDT”) Engineering Department is working to secure additional funding including state
and federal grants to support implementation.
E. Under Municipal Code Section 22-44, the City may accept grants in aid of
the construction of any local public improvements.
F. In support of the Project, PDT’s Engineering Department pursued planning
funds under the non-federal match requirement included in the Department of
Transportation’s FY2024 Rebuilding American Infrastructure with Sustainability and
Equity (“RAISE”) discretionary grant program (see Resolution 2024-006). The City was
unsuccessful in the request for funds under the RY2024 RAISE grant program.
G. In further support of the Project, PDT’s Engineering Department is pursuing
additional planning funds under the non-federal match requirement included in the
Department of Transportation’s FY2025 RAISE discretionary grant program.
H. The FY2025 RAISE federal funding opportunity requires the City to
contribute at least 20% of total project costs. Although the City has committed funds,
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Item 21.
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combined with a cash contribution from Midtown BID, there is a funding gap in meeting
the match requirement for the proposed planning project.
I. Colorado’s Department of Local Affairs (“DOLA”) has funding from the
Infrastructure Investment and Jobs Act (“IIJA,” also known as the “Bipartisan
Infrastructure Law”) Local Match grant program (“LOMA”) that provides funding to support
local governments in meeting the match requirement under IIJA grant programs. The
RAISE grant program is an IIJA funded program.
J. To support meeting the funding gap for the City’s required match for the
proposed planning project under the FY2025 RAISE grant program, the Engineering
Department intends to apply for grant funds under this DOLA LOMA grant program to
cover the needed matching funds. The City anticipates success applying for DOLA LOMA
grant funds, because although the City’s application for FY2024 RAISE grant funds was
unsuccessful, the City’s application for matching funds from the DOLA LOMA grant
program was successful. Those funds could not be accepted due to not receiving the
FY2024 RAISE grant.
K. Support of the Engineering Department in applying to this DOLA LOMA
grant program does not impact City finances. If the grant is awarded, the City will seek
appropriation of the grant funds from City Council.
L. The City Council finds and determines that the adoption of this resolution
advances the public’s health, safety, and welfare by facilitating further design and
improvement of the City’s transportation safety and infrastructure and by facilitating cost-
sharing among local, state, and federal entities.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council approves and supports the application for further
funding for the Midtown Central Corridor Project and intends to provide required matching
funds or other contributions required for the Project.
Section 2. The City Manager is hereby authorized to execute agreements
related to grant money for funding for the Midtown Central Corridor Project, with terms
and conditions as the City Manager, in consultation with the City Attorney, determines to
be necessary and appropriate to protect the interests of the City and to effectuate the
purposes of this resolution, provided that all required matching funds have been
appropriated before execution.
Section 3. The City Council supports the continuation of the Midtown Central
Corridor Project.
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Item 21.
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Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Heather N. Jarvis
Page 259
Item 21.
File Attachments for Item:
22. Resolution 2024-150 Approving an Exemption to the Competitive Purchasing Process
to Procure Professional Services from Park Consulting Group.
The purpose of this item is to request an exception to the use of a competitive purchasing
process to enter into a professional services agreement with Park Consulting Group to support
the implementation of the new Licensing, Permitting, and Code Enforcement (LPCE) system .
The Park Consulting Group is uniquely qualified to provide the services.
Exception to the Competitive Bid or Proposal Rationale:
Code Section 8-161(d)(1)(a). There exists only one (1) responsible source.
Page 260
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kai Kleer, Senior City Planner
Patricia Milio, Supervisor, Building & Development Review
Gerry Paul, Purchasing Director
SUBJECT
Resolution 2024-150 Approving an Exemption to the Competitive Purchasing Process to Procure
Professional Services from Park Consulting Group.
EXECUTIVE SUMMARY
The purpose of this item is to request an exception to the use of a competitive purchasing process to enter
into a professional services agreement with Park Consulting Group to support the implementation of the
new Licensing, Permitting, and Code Enforcement (LPCE) system. The Park Consulting Group is uniquely
qualified to provide the services.
Exception to the Competitive Bid or Proposal Rationale:
Code Section 8-161(d)(1)(a). There exists only one (1) responsible source.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
After a rigorous procurement process with cross-functional stakeholder participation, Planning,
Development, and Transportation Services selected Tyler Technologies’ (Tyler) solution to replace the
legacy LPCE system. The new system is expected to modernize current business processes, improve
efficiency, reduce errors, enhance customer experience, and save staff and customer time. This is
anticipated to be a transformational project that will set the stage for the next 10-20 years and provide
the foundation for the City to provide a high level of services to our business and development
community.
Due to the scope and complexity of the implementation project, the project team plans to contract with third
party(s) to augment resources. The critical role of Project Manager is planned to be outsourced to Park
Consulting Group. This position will support the City’s Project Manager to oversee the project, manage
the budget and schedule, coordinate resources, and serve as the primary point of contact. Due to Park
Consulting Group’s unique and broad experience implementing Tyler ‘s LPCE solution, Park Consulting
Group may also be utilized to provide other resources necessary to augment City staff.
Page 261
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The City issued a Request for Proposal (RFP) in late August 2024 for Project Management Services to
support the LPCE implementation project. The RFP was issued during the project team’s due diligence
period, before the selection of the LPCE solution was completed. Therefore, the RFP stated the City was
seeking consultants with experience implementing either Tyler or Accela. Although three vendors
responded to the RFP, upon thorough evaluation, it was determined that none possessed a high degree
of experience implementing Tyler’s solution or supporting the migration from Accela’s on premise solution
to Tyler’s SaaS.
Through extensive research and vendor identification efforts, staff identified a single qualified consultant,
Park Consulting Group, that possesses the necessary skills, experience, and resources to deliver the
project. Park Consulting Group has successfully supported implementation of Tyler’s solution for over fifty
(50) clients during the last five (5) years. Many of these projects were supporting the migration from
Accela’s on premise solution to Tyler’s SaaS. Park Consulting Group elected not to respond to the City’s
RFP because they were concerned the City would likely select Accela as the incumbent and believed that
other consultants might be better qualified to support the transition from Accela’s on premise solution to
the SaaS platform.
Hiring a third party project implementer with specific expertise leading migrations from Accela to Tyler will
support gaps in system knowledge that City staff does not currently possess. This role will also be
responsible for holding Tyler Technologies accountable for the technical deliverables of the project, mitigate
risks, prevent scope creep, and ensure timely delivery of the system.
CITY FINANCIAL IMPACTS
The contract with Park Consulting Group will be a multi-year commitment. The project team is currently
developing the Scope of Services therefore a firm quote has not yet been solicited. However, Park
Consulting Group’s hourly rates provided as a preliminary budgetary estimate are within the competitive
range of other consultants providing similar services.
The LPCE project budget includes funding for a third-party project manager and other positions required
to augment City staff.
The Council appropriated sufficient funding for this procurement through Ordinance No. 179, 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At Council Finance Committee’s November 6, 2024 Regular Meeting, this item was discussed in
conjunction with the recommendation to appropriate additional funds for the project. The Council Finance
Committee recommended to proceed to Council for the appropriation and exception.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 262
Item 22.
- 1 -
RESOLUTION 2024-150
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXEMPTION TO THE COMPETITIVE
PURCHASING PROCESS TO PROCURE PROFESSIONAL
SERVICES FROM PARK CONSULTING GROUP
A. Section 8-161(d)(1) a. of the City Code authorizes the Purchasing Agent to
negotiate for services without using a competitive process where the Purchasing Agent
determines that there is only one responsible source.
B. The City’s current on-premise Licensing, Permitting, and Code Enforcement
(LPCE) system will no longer be supported by the licensor Accela at the end of 2025. This
existing system requires either a significant upgrade to Accela’s cloud-based version or
implementation of a new system. In conjunction with a competitive process, staff
determined that replacing the existing system with a new system, Tyler Technology’s
(Tyler) Software as a Service (SaaS), is the best course of action.
C. The City envisions this new LPCE system as a transformational project that
will set the stage for the next 10-20 years on how the City provides services to its business
and development community.
D. Due to the scope and complexity of the implementation project, the City will
contract with a third-party for project manager services to support staff and to augment
resources.
E. In August 2024, the City issued a Request for Proposal (RFP) for project
manager services. The entities that responded to this RFP were determined to not have
the necessary high degree of expertise and direct experience implementing Tyler’s SaaS
solution.
F. Through extensive research and vendor identification efforts, the City
identified one single consultant that possesses the necessary skills, expertise, and
experience, Park Consulting Group (Park). Park has supported many similar migrations
from Accela’s on-premise solution to Tyler’s SaaS.
G. The estimated cost to procure Park’s services to serve as Project Manager
will exceed $200,000 annually. The hourly rates proposed by Park are competitive with
other firms offering similar services.
H. The Purchasing Agent has determined that there is only one responsible
source for the services being sought.
I. The Purchasing Agent and other City staff recommend the adoption of this
resolution.
Page 263
Item 22.
- 2 -
J. The Purchasing Agent has submitted the requisite justification to the City
Manager for approval and the City Manager has reviewed and approved this justification.
K. Section 8-161(d)(3) of the City Code requires approval of this purchase by
the Council as it exceeds $200,000.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Purchasing Agent to
negotiate and enter into a professional services agreement with Park Consulting Group
for up to five one-year terms, and further approves this action as an exception to the City’s
competitive purchasing process requirements, for the reasons set forth herein.
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Sara Arfmann
Page 264
Item 22.
File Attachments for Item:
23. Resolution 2024-151 Making an Appointment to the Board of the Downtown
Development Authority.
The purpose of this item is to fill a vacancy that currently exists as of October 15, 2024.
Page 265
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-151 Making an Appointment to the Board of the Downtown Development Authority.
EXECUTIVE SUMMARY
The purpose of this item is to fill a vacancy that currently exists as of October 15, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes appointments to fill the remainder of a vacated term on the Downtown Development
Authority (DDA) Board. Dwight Hall resigned on October 15, 2024, creating one vacancy.
City Code Section 2-4462 provides that the DDA Board shall consist of eleven (11) members, nine (9) of
whom are either residents, landowners or tenants within the boundaries of the DDA, one (1) of whom shall
be a Councilmember and one (1) of whom shall be a member of the Board of County Commissioners of
Larimer County, provided Larimer County continues to meet the qualifications for membership on the Board
of the DDA as either a landowner or tenant within the boundaries of the DDA, and formally designates one
(1) Commissioner to serve to serve in such a capacity. The Downtown Development Authority statute,
Section 31-25-806, Colorado Revised Statutes, requires that members of the Board, other than members
of the governing body (Council) reside, be a business lessee, or own real property in the DDA area.
This term of the recommended individual will begin effective immediately and end June 30, 2028. The
names of the individual recommended to fill this vacancy is listed below.
Downtown Development Authority Board
Appointments Term Effective Date Expiration of Term
Abigail Christensen (Seat E) Upon adoption of this
Resolution. June 30, 2028
Page 266
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
ATTACHMENTS
1. Resolution for Consideration
2. Application
Page 267
Item 23.
- 1 -
RESOLUTION 2024-151
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE BOARD OF THE DOWNTOWN
DEVELOPMENT AUTHORITY
A. The Downtown Development Authority Board of Directors has a vacancy
due to the resignation of Dwight Hall in October 2024.
B. The qualifications to serve on the Board are set out in Colorado Revised
Statutes Section 31-25-806 and City Code Section 2-462, and the Council finds that
the proposed appointee below meets these qualifications.
C. The City Council desires to make an appointment to fill this vacancy on the
Board of Directors of the Downtown Development 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 following named person is hereby appointed to fill the open
vacancy on the Board of Directors of the Downtown Development Authority with a term
to begin and expire as noted below next to the appointee’s name:
Downtown Development Authority Board
Appointments Term Effective Date Expiration of Term
Abigail Christensen (Seat E) Immediately upon adoption
of this Resolution
June 30, 2028
Passed and adopted on December 17, 2024.
_________________________________
Mayor
ATTEST:
________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Carrie Daggett
Page 268
Item 23.
Page 269
Item 23.
•Canyon Concert Ballet and
Dance Center, Treasurer, July 2011-August
2012.
Are you currently serving on a City board or Commission? If so, which
one?
No
Why do you want to become a member of the Downtown Development
Authority?
I want to become a member of the DDA to
support what I perceive to be the best part
of our city, our vibrant downtown. I believe
I can use my love for downtown, analytical
skills, and construction and development
financing expertise to support the
economic vitality and vibrancy of our
downtown community.
Have you had any exposure to the Downtown Development Authority? If
yes, please explain:
No;
No, other than frequently being downtown
and my appreciation for our downtown's
vibrancy, Old Town Square, and art in
public spaces, including our beautiful
alleys.
Specify any activities which might create a serious conflict of interest if
you are appointed:
None
Optional: How did you learn of a vacancy on this board or commission?Other (please specify);
Jenny Schulz and subsequent meetings
with Matt Robenalt and David Lingle
List any abilities, skills, certifications, specialized training, or interests you
have which are applicable to this board.
•Financial literacy in
understanding budgeting, financial
reporting, including strengths and
challenges within reportings and finding
mitigations when feasible.
•Understanding of overall
construction financing process, including
City approvals and Development
Agreements, construction/architecture
drawings, title work, and legal documents.
•Team collaboration.
•Love and appreciation for
our downtown.
•Bachelor of Science in
Business with a Major in Finance,
completion of real estate certificate
requirements, graduated Cum Laude,
University of Colorado.
Briefly explain what you believe are the three most important issues
facing the Downtown Development Authority (DDA), and how do you
believe the DDA should address each issue? You may also attach/upload
a separate document if additional space is required.
•Continued revitalization of
downtown by encouraging tourism and
traffic with the local population, including
drawing population from the south side of
town (and surrounding towns), by raising
downtown awareness through marketing
portals, continuing to bring in arts and
cultural activities, and promoting vibrant
physical spaces. Addressing parking
concerns and raising public awareness of
parking garages, free garage promotion
days, simplicity in app usage, etc.
•Promoting economic
development by creating spaces where
businesses want to be, and employees
and residents want to engage and spend
time and currency with local businesses.
•Fostering ongoing
collaboration with the City non profits
2 of 4
Page 270
Item 23.
Abigail Christensen 4/25/2024 11:00 AM
3 of 4 Page 271
Item 23.
File Attachments for Item:
24. Resolution 2024-152 Making an Appointment to the Board of Directors of Housing
Catalyst.
The purpose of this item is to fill one of two vacancies that will exist as of December 31, 2024.
Page 272
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
December 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-152 Making an Appointment to the Board of Directors of Housing Catalyst.
EXECUTIVE SUMMARY
The purpose of this item is to fill one of two vacancies that will exist as of December 31, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes an appointment to fill one of two upcoming vacancies on the Housing Catalyst
Board of Directors. The terms of Lizette Mill and Ann Green will expire December 31, 2024, creating two
vacancies.
City Code Section 2-474 provides that the Housing Authority (Housing Catalyst) Board shall consist of
seven Commissioners appointed as set forth in Section 29-4-205, C.R.S. One of such Commissioners may
be a City official. Under this method of appointment, each Commissioner shall serve without compensation
for a term of five years. No Commissioner shall serve more than two full, consecutive terms.
On December 4, 2024, Councilmember Emily Francis and Councilmember Melanie Potyondy interviewed
an applicant for the Housing Catalyst Board.
This term will begin immediately upon adoption of this Resolution. The name of the individual
recommended to fill this vacancy is listed below.
Housing Catalyst Board
Appointments Term Effective Date Expiration of Term
Lizette Mill (Seat F) Immediately upon adoption of this
Resolution December 31, 2029
Page 273
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
ATTACHMENTS
1. Resolution for Consideration
2. Application
Page 274
Item 24.
-1-
RESOLUTION 2024-152
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMEENT TO THE BOARD OF DIRECTORS OF HOUSING
CATALYST
A. The Housing Catalyst Board of Directors has vacancies due to the
expiration of terms of Lizette Mill and Ann Green.
B. The City Council desires to make an appointment to fill one of these
vacancies on the Housing Catalyst Board.
C. 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 following named person is hereby appointed to fill
one of the open vacancies on the Housin g Catalyst Board with a term to begin and
expire as noted below next to the appointee’s name:
Housing Catalyst Board
Appointments Term Effective Date Expiration of Term
Lizette Mill (Seat F) Immediately upon adoption of this
Resolution
December 31, 2029
Passed and adopted on December 17, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 17, 2024
Approving Attorney: Carrie Daggett
Page 275
Item 24.
Page 276
Item 24.
Lizette Mill 10/16/2024 11:36 AM
2 of 3 Page 277
Item 24.
Lizette Mill
Demonstrated Skills
• Excellent leadership and team skills, with both formal project teams and informal program teams
• Housing development and management experience
• Project and program management experience
• Creativity
• Outstanding written and verbal skills
• High initiative
• Diverse technical skills, ability to learn and apply technical knowledge in training, support, quality, and
development roles
Housing Development and Management Experience
• Commissioner, Housing Catalyst, 2021 to present
• Director, Villages Ltd, 2017 to 2021
• Greyrock Commons Homeowners Association president and board member, 2011 to 2017
• Part of a multi-year, resident-led design and development for Greyrock Commons Planned Unit Development in
the Fort Collins area, 1994 to 1996
Work Experience
• Election Judge, Larimer County, May 2024 to present
• Technical Contributor, Project Manager, and Program Manager, Hewlett-Packard, 1983 to 2016
Educational Background
Bachelor of Science, Computer Science December 1982 University of Maryland
Page 278
Item 24.