HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/01/2014 - COMPLETE AGENDACity of Fort Collins Page 1
Karen Weitkunat, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Steve Roy Darin Atteberry Wanda Nelson
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
April 1, 2014
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring April 2014 as Fair Housing Month.
B. Proclamation Declaring April 1, 2014 as National Service Recognition Day.
C. Proclamation Declaring May 1, 2014 as the Celebration of the Interfaith Council 35th Anniversary.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
City of Fort Collins Page 2
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish
to address the Council on items not specifically scheduled on the agenda must first be recognized by
the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the
room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer
will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more
than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual.
● State your name and address for the record
● Applause, outbursts or other demonstrations by the audience is not allowed
● Keep comments brief; if available, provide a written copy of statement to City Clerk
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. 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 March 4, 2014 Regular Council Meeting.
The purpose of this item is to approve the minutes from the March 4, 2014 Regular Council meeting.
City of Fort Collins Page 3
2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to April 15, 2014.
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances
(Ordinance Nos. 005 and 006, 2014) be postponed until April 15, 2014. The final plat approval
should be considered by the Board of County Commissioners in April. Under the Intergovernmental
Agreement (IGA) with Larimer County, the City has agreed to not annex lands within the Fossil
Creek Reservoir Area Plan until after final plan approval by the County. Postponing this item until the
April 15 meeting will honor the City’s commitment in the IGA.
3. Second Reading of Ordinance No. 043, 2014, Appropriating Unanticipated Grant Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and
Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, appropriates federal
grant monies received from the Office of National Drug Control Policy ($95,853) and the Department
of Justice ($57,722) to fund a portion of the investigation of illegal narcotics activities in Larimer
County by the Northern Colorado Drug Task Force. These grant awards will be used to offset
operating expenses for each participating agency.
In addition, because of the significant decrease in federal funds available for drug enforcement, the
Northern Colorado Drug Task Force is transferring $236,160 from its forfeiture reserve account to its
2014 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is
made up of assets seized from people engaged in illegal drug activities.
4. Second Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter into an
Agreement for the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the
Amount Needed for Such Purchases.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, authorizes the lease-
purchase of vehicles and equipment for the cost of $2,941,469. Payments at the 2.4% interest rate
will not exceed $313,029.11 in 2014. Money for 2014 lease-purchase payments is included in the
2014 budget. The effect of the debt position on the City’s financial rating will be to raise the total City
debt to 2.38%. A competitive process was used to select Pinnacle Public Finance for this lease. A
2014 Finance Department analysis of current and historical equipment lease financing arrangements
showed that lease-purchase is in the best interest of the City given the normal spread between lease
rate and reinvestment rate.
5. Second Reading of Ordinance No. 046, 2014, Adding a New Section to the City Code Dealing with
the Selection of Special Counsel for the City and Establishing a Procedure for Considering Whether
to Consent to Potential or Actual Conflicts of Interest on the Part of Special Counsel.
This Ordinance, unanimously adopted on First Reading on March 18, 2014, establishes a new
process for selecting special legal counsel and for considering whether the City should waive
conflicts of interest that such counsel may have in particular situations.
6. First Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue in the
Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sport Club.
The purpose of this item is to appropriate unanticipated grant revenue in the recreation fund to be
used for general operating support for the Adaptive Recreation Opportunities program Paralympic
Sport Club.
City of Fort Collins Page 4
7. First Reading of Ordinance No. 050, 2014, Appropriating Prior Year Reserves in the General Fund
for Waste Reduction and Diversion Projects to be Approved Through the Waste Innovation Program.
The purpose of this item is to shift $18,794 accumulated during 2013 in the Waste Innovation Fund
account into the City’s General Fund account for approved projects to develop new organizational
processes to enable departments to divert more waste material from landfill disposal.
8. First Reading of Ordinance No. 051, 2014, Appropriating Prior Year Reserves for Lapsed
Expenditures Authorized in 2013.
City Council authorized expenditures in 2013 for various purposes. Not all of the authorized
expenditures were spent or could be encumbered in 2013 because:
• there was not sufficient time to complete bidding in 2013 and therefore, there was no known
vendor or binding contract as required to expend or encumber some of the monies
• the project for which the dollars were originally appropriated by Council could not be completed
during 2013 and re-appropriation of those dollars is necessary for completion of the project in
2014
• to carry on programs, services, and facility improvements in 2014 with unspent dollars previously
appropriated in 2013.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2013 and reflect no change in Council policies.
Monies re-appropriated for each City fund by this Ordinance are as follows:
General Fund $ 898,805
Data & Communications Fund $ 300,000
Keep Fort Collins Great Fund $ 440,912
Light & Power Fund $ 230,183
Transportation Fund $ 96,000
9. First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at
Book 1174, Page 543 of the Larimer County Records.
The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or
desirable to retain for public street purposes. This location will be the future site of the Scott Plaza
development project, which was approved at the Planning and Zoning Board Public Hearing on
January 9, 2014.
10. First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as
Dedicated on the Dechairo Subdivision Plat.
The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer necessary
or desirable to retain for public street purposes. The property owner adjacent to this portion of right-
of-way is requesting the vacation. This location is the future site of the Scott Plaza development
project, which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014.
City of Fort Collins Page 5
11. Resolution 2014-028 Directing the City Manager to Convene an Ad Hoc Advisory Committee to
Develop a Climate Action Plan for Achieving a Community-wide Greenhouse Gas Emissions
Reduction Goal of 80% with Respect to 2005 Levels by 2030.
The purpose of this item is to seek City Council clarification that the upcoming Climate Action Plan
update should strive for the goal to reduce community-wide greenhouse gas emissions 80% with
respect to 2005 levels by 2030; that it should describe steps the community could take to meet that
goal, and further describe steps the community could take to achieve carbon neutrality by 2050; and
to authorize the City Manager to appoint an ad hoc advisory committee to oversee development of
the plan.
In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20% below
2005 by 2020, and 80% by 2050. Economic opportunities and technological advancements have
emerged since 2008 that present new opportunities for Fort Collins reduce emissions more rapidly
while increasing reinvestment back into the community, reducing environmental impacts, and
ultimately saving money for the community. Recent input suggests community interest in more
aggressive goals and supporting information about benefits and costs. This action sets the stage for
the 2014 climate action planning process by clarifying end point goals for 2030 and 2050, and
defining a role for an ad hoc advisory committee, with the goal to bring a draft plan back for City
Council consideration by the end of 2014.
12. Routine Deed.
The purpose of this item is to accept the dedication of right-of-way on Timberline from Poudre School
District. The City of Fort Collins is planning a road project to improve the Horsetooth Road and
Timberline Road intersection. The improvements include the addition of turn lanes, as well as
bicycle and pedestrian improvements. In anticipation of the City’s upcoming project, and as per a
Development Agreement dated November 3, 1992 and recorded at reception number 19920069700,
Poudre School District is dedicating the necessary right of way for Timberline Road.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Larimer County Commissioners' Community Report - Commissioners Lew Gaiter and Steve
Johnson
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
City of Fort Collins Page 6
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (five minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
13. Second Reading of Ordinance No. 047, 2014, Approving the Sixth Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth
Management, and Related Issues, to Update the Terms of Cost Sharing for Stormwater
Improvements in the Boxelder Basin. (staff: Ken Sampley, Jon Haukaas; no staff presentation; 10
minute discussion)
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-3 (Nays: Cunniff,
Overbeck, Poppaw), amends the Fort Collins – Timnath Intergovernmental Agreement (IGA) by
revising Article 7 to reflect updated stormwater projects and associated cost sharing.
14. Second Reading of Ordinance No. 048, 2014, Authorizing the Execution of a New Intergovernmental
Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact
Fee Schedule, Ratifying Certain Past Actions Related to Such Fee and Amending Sections 7.5-8
and 7.5-87 of the City Code. (staff: Ginny Sawyer; no staff presentation; 10 minute discussion)
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-2 (Nays: Cunniff,
Overbeck; Campana recused), authorizes a new intergovernmental agreement (IGA) with Larimer
County that allows for the collection of a Regional Road Impact Fee at the time of development. The
Ordinance adopts a fee schedule and ratifies past collections and certain actions that were
inconsistent with the City Code. The Ordinance also amends Section 7.5-85(d) of the City Code
pertaining to the remittance and expenditure of the fee.
15. First Reading of Ordinance No. 054, 2014, Appropriating Prior Year Reserves in the General Fund
for Municipal Court Reorganization. (staff: Kathleen Lane; 3 minute staff presentation; 10 minute
discussion)
The purpose of this item is to authorize and appropriate funding for a relatively minor reorganization
of the Municipal Court department. The Court requests $55,400 from the General Fund Reserves to
cover the prorated cost of a net 1.45 increase in classified/unclassified FTE. This cost relates to
three changes which are not included in the approved 2014 budget: converting an existing 0.50 FTE
Bailiff position from hourly to classified status, increasing an existing 0.30 FTE classified Deputy
Court Clerk II position to a 0.50 FTE, and adding a 0.75 FTE classified position of Court Security
Officer. The changes are needed due to case load changes and security concerns. The cost of the
changes is anticipated to be covered by a recent increase in the amount of the court cost assessed
in appropriate cases. The changes were included in the Municipal Court reorganization plan which
was recently approved by the City Manager’s Office.
City of Fort Collins Page 7
16. Items Relating to the Fort Collins Municipal Court. (staff: Kathleen Lane; 3 minute staff
presentation; 10 minute discussion)
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding
the Failure to Pay Fine or Penalty.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining
to the Handling of Civil Infractions and Misdemeanor Offenses.
The purpose of this item is to codify certain changes in the judicial process to improve fairness and
efficiency. Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of
credit a prisoner receives for jail served on failure to pay cases and, instead, specifies that said
amount will be listed in the Schedule of Fines established by the Municipal Judge. This allows the
Municipal Judge to periodically adjust that amount as appropriate. Ordinance No. 056, 2014, amends
the City Code to indicate that if an incident gives rise to charges which would normally be filed as a
civil infraction and a misdemeanor, the charges are to be handled together as a misdemeanor case.
This avoids the time and confusion of having two separate tickets filed with the Court, with separate
procedures and costs relating to each.
17. Items Relating to Historic Preservation. (staff: Karen McWilliams, Laurie Kadrich; 5 minute staff
presentation; 30 minute discussion)
A. First Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding
Landmark Preservation.
B. First Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining
to the Functions of the Landmark Preservation Commission.
C. First Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code
Pertaining to New Construction as it Affects Historic and Cultural Resources.
The purpose of this item is to present to Council the proposed changes to Chapter 2 and Chapter 14
of the City Code and Section 3.4.7 of the Land Use Code resulting from the 2012-2013 Historic
Preservation Process and Codes Improvements Study.
18. Resolution 2014-029 Appointing an Ad Hoc City Council Committee to Select and Recommend a
Name for a 31-Acre Natural Area. (staff: John Stokes; 3 minute staff presentation; 20 minute
discussion)
The purpose of this item is to appoint an ad hoc Council committee to develop a naming
recommendation for the 31-acre property recently conveyed from Woodward Governor to the City’s
Natural Areas Department (NAD).
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
City of Fort Collins Page 8
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all
residents of the United States, was signed into law in April 1968; and
WHEREAS, the month of April is nationally recognized as Fair Housing Month and a
time to reflect on and reaffirm our national commitment to the ideal that fair housing opportunity
is available to everyone in the United States without regard to race, color, religion, national
origin, sex, familial status and disability; and
WHEREAS, this year’s theme, “Fair Housing is Your Right, Use It!”, celebrates the
46th anniversary of the Fair Housing Act, and reflects that our current efforts are helping to
foster sustainable, inclusive communities of opportunity for future generations; and
WHEREAS, the State of Colorado passed its own Fair Housing Act in 1959, and
provided additional fair housing protections for creed, ancestry, sexual orientation, and marital
status; and
WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing
practices; and
WHEREAS, the City welcomes this opportunity to acknowledge our many community
partners who are committed to addressing barriers to fair housing choice and educating all
citizens concerning their rights regarding equal housing opportunity; and
WHEREAS, this year, the community partners are represented by Homeward2020, a
collaborative effort between leadership in all sectors of our community to end homelessness by
the year 2020 through an evidence-based, metric-driven approach.
NOW THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
decree that every person should live free from the fear of housing discrimination, and I declare
April 2014 as
FAIR HOUSING MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 9
PROCLAMATION
WHEREAS, service to others is a hallmark of the American character, and central to
how we meet our challenges; and
WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing
our cities and nation, from educating students for the jobs of the 21st century and supporting
veterans and military families, to preserving the environment and helping communities recover
from natural disasters; and
WHEREAS, national service participants serve in more than 70,000 locations across the
country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our
economic and social well-being and increase the impact of the organizations they serve with,
both through their direct service and by recruiting and managing millions of additional
volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests
in community solutions and leverages non-federal resources to strengthen community impact and
increase the return on taxpayer dollars; and
WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate
commitment, dedication, and patriotism by making an intensive commitment to service, a
commitment that remains with them in their future endeavors.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim April 1, 2014, as
NATIONAL SERVICE RECOGNITION DAY
and encourage residents to recognize the positive impact of national service in our city, to thank
those who serve; and to find ways to give back to their communities.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 10
PROCLAMATION
WHEREAS, the Fort Collins Area Interfaith Council is celebrating its 35
th
Anniversary
this year and has designated May 1, 2014 as the time to recognize the occasion at its Annual
Awards Presentation; and
WHEREAS, St. Elizabeth Ann Seton Catholic Church supports the outreach of the Fort
Collins Area Interfaith Council and serves as host for the event; and
WHEREAS, the recipients of awards upon this occasion will be those from among the
twenty-four faith communities and twenty-six affiliate service agencies which have led in
meeting unmet social needs over the past three and a half decades; and
WHEREAS, the Fort Collins Area Interfaith Council is participating in the
Sesquicentennial of the City of Fort Collins throughout this year.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim May 1, 2014 as the day for celebrating the
FORT COLLINS AREA INTERFAITH COUNCIL
35TH ANNIVERSARY
and urge all residents to take note of this celebratory event.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 11
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 4, 2014 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the March 4, 2014 Regular Council meeting.
ATTACHMENTS
1. March 4, 2014 minutes (PDF)
Packet Pg. 12
March 4, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 4,
2014, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated the Urban Renewal Authority meeting will be held after Citizen
Participation Follow-Up. He noted a revised letter and Resolution for Item No. 13, Resolution
2014-021 Directing the Mayor to Submit a Letter to Colorado's United States Senators and to
Congressmen Jared Polis and Cory Gardner, Seeking Support for Funding for I-25 Phase I
Improvements, were included in Council’s read-before packet.
Councilmember Cunniff withdrew Item Nos. 1 and 13, Consideration and Approval of the
Minutes from the January 28, 2014 Adjourned Council Meeting and the February 4 and 18,
2014 Regular Council Meetings and Resolution 2014-021 Directing the Mayor to Submit a
Letter to Colorado's United States Senators and to Congressmen Jared Polis and Cory Gardner,
Seeking Support for Funding for I-25 Phase I Improvements from the Consent Calendar.
Citizen Participation
Monte Barry, Fort Collins resident, discussed bicycle and pedestrian accidents and suggested the
use of public service announcements to address the issue.
Jack Daniels, 172 North College, thanked Council for helping to make Fort Collins a wonderful
place to live and commended the honesty, integrity, and intelligence of the City organization.
David Hamm, Fort Collins resident, discussed future growth of the city and suggested additional
infrastructure will be needed to meet the needs of the increased population. He opposed the
construction of a stadium within city limits.
Citizen Participation Follow-up
Councilmember Overbeck stated he has had conversations with staff regarding pedestrian and
citizen safety.
Mayor Pro Tem Horak stated staff has reviewed the city’s accident statistics and are examining
proactive possibilities for change.
Packet Pg. 13
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
66
Adjourn to Urban Renewal Authority Meeting
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn until
the conclusion of tonight’s Urban Renewal Authority meeting. Yeas: Campana, Horak,
Weitkunat, Cunniff, Overbeck, Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
(Meeting adjourned at 6:13 p.m. and reconvened at 7:15 p.m.)
CONSENT CALENDAR
1. Consideration and Approval of the Minutes from the January 28, 2014 Adjourned Council
Meeting and the February 4 and 18, 2014 Regular Council Meetings.
The purpose of this item is to consider and approve minutes from the January 28, 2014
Adjourned Council Meeting and the February 4 and 18, 2014 Regular Council Meetings.
2. Second Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the
Water Fund to Fund the Replacement of the College Avenue Waterline From Mulberry
Street to Buckeye Street.
This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates
funds for the replacement of the College Avenue waterline from Mulberry to Buckeye
Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of
this project. Design and cost estimating have been completed. This Ordinance appropriates
$2.1 million from reserves for the construction of this project.
3. Second Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City
Code, Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for
the City.
This Ordinance, unanimously adopted on First Reading on February 18, 2014, amends
subsection 2-31(a) of the City Code, which pertains to executive sessions held for the
purpose of meeting with attorneys for the City. The purpose of the amendment is to more
closely conform to the language in Article II, Section 11 of the City Charter.
4. First Reading of Ordinance No. 029, 2014, Appropriating Unanticipated Grant Revenue in
the Recreation Fund for the Vida Sana Program.
The purpose of this item is to appropriate sub-grant funds from the Poudre Valley Health
System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity
(CANDO) for the Vida Sana program to eliminate racial and ethnic disparities among
Latino/Hispanic community members. Specific interventions include increasing access to
facilities providing physical activity; providing social support to increase physical activity;
and implementing a communitywide campaign for increasing physical activity that will be
carried out by partner agencies.
Packet Pg. 14
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
67
5. Items relating to FC Bikes Program.
A. First Reading of Ordinance No. 030, 2014, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the 2014 Fort Collins Bikes Program.
B. First Reading of Ordinance No. 031, 2014, Appropriating Unanticipated Grant Revenue
From Kaiser Permanente in the Transportation Services Fund for the 2014 Fort Collins
Bikes Program.
The purpose of this item is to request appropriation of unbudgeted grant funds received for
the FC Bikes Program: (1) a Congestion Mitigation & Air Quality (CMAQ) grant (2014-
2016) and (2) a Kaiser Foundation Health Plan of Colorado (KP) grant (2014). The City of
Fort Collins’ FC Bikes Program received a $704,128 federal grant (CMAQ) through the
Colorado Department of Transportation and the North Front Range Metropolitan Planning
Organization. This is in addition to the City’s local match of $146,372, as appropriated in
2013 by City Council. In addition, the FC Bikes Program received a $94,100 private grant
from Kaiser Permanente (KP) through a Walk & Wheel - Local Government grant. A local
match is not required for the KP grant. Funding from both grants will support FC Bikes
Program initiatives, allowing for the refinement and expansion of existing services,
including enhancements to bicycle safety education programs, expansion of encouragement
campaigns, and new bicycle promotion initiatives, while also supporting the development
and implementation of the 2014 Fort Collins Bicycle Master Plan.
6. First Reading of Ordinance No. 032, 2014, Appropriating Unanticipated Grant Revenue in
the Wastewater Fund and Authorizing the Transfer of Existing Appropriations from the
Drake Water Reclamation Facility Improvements Capital Project for the Drake Water
Reclamation Facility's Nutrient Grant Project for South Process Train Improvements.
The purpose of this item is to appropriate grant funding in the amount of $1,080,000 in the
Wastewater Fund. The grant funds will be used for the planning, design, and construction of
a portion of the Nutrient Removal Improvements required for the Drake Water Reclamation
Facilities’ South Process Train.
7. First Reading of Ordinance No. 033, 2014, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2014 Irrigation Season.
The purpose of this item is to set rates for the rental and delivery of the City's raw water
supplies. The Water Utility uses these rates to assess charges for agricultural use, for various
contractual raw water obligations and for raw water deliveries to other City departments.
The proposed rate for each type of water is based on several factors including market
conditions and assessments charged by irrigation companies.
8. First Reading of Ordinance No. 034, 2014, Amending Sections 3.8.31 and 5.1.2 of the Land
Use Code Pertaining to Hoop Houses.
The purpose of this item is to amend the Land Use Code to exempt hoop houses from the
Building Code requirements and add hoop houses to the list of accessory structures allowed
in the Code, and require urban agriculture licensees to locate hoop houses on their site plans.
In July 2013, Council also directed staff to consider standards for the raising of farm
Packet Pg. 15
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
68
animals. Based on public outreach and staff research, staff found that the concerns raised
regarding farm animals could be addressed with existing regulations and were limited to two
neighborhoods within the City. In addition, numerous citizens expressed strong concerns
about regulating their food production ability within the zone districts that currently allow
farm animals. Thus, staff is not proposing amendments to the City’s regulations regarding
farm animals. Instead of developing regulations that could affect all residents within these
districts (approximately 1,700 homes), staff is working with the concerned neighborhoods
directly to resolve specific concerns.
9. Hearing and First Reading of Ordinance No. 035, 2014 Amending Chapter 9 of the City
Code and Adopting by Reference the 2012 International Fire Code, with Amendments.
The purpose of this item is to update the International Fire Code (IFC). Poudre Fire
Authority is responsible for the enforcement and administration of the International Fire
Code within the City of Fort Collins. Every three years, the IFC is updated by the
International Code Council (ICC) with the most recent update published in 2012. Poudre
Fire Authority routinely reviews new codes, proposes local amendments and then seeks
adoption of the Code changes by City Council. The proposed amendments, developed in
conjunction with the local Fire Code Review Committee, include several changes to the
local Code. Changes include regulations related to the placement of solar panels on
residential roofs, additional clarification and requirements for emergency responder radio
coverage in large buildings, minimal maintenance provisions for roof top gardens and
provisions to protect firefighters from roof top hazards such as cables and wires.
10. First Reading Ordinance No. 036, 2014 Authorizing the Conveyance of Parcels of Real
Property on North College Avenue to the Colorado Department of Transportation.
The purpose of this Ordinance is to obtain authorization from City Council to convey
parcels acquired on North College Avenue for road improvements to the Colorado
Department of Transportation. The City constructed the North College Avenue
Improvements Project - Vine to Conifer in 2012. As required for all projects involving a
Colorado Department of Transportation (“CDOT”) facility, and per the intergovernmental
agreement between the City and CDOT, any acquired property for road right of way
purposes is required to be subsequently conveyed to CDOT. This Ordinance will authorize
City staff to convey these acquired parcels to CDOT.
11. Items Relating to the Implementation of Phase Four of the Southwest Enclave Annexation.
A. Resolution 2014-018 Amending the City’s Structure Plan.
B. Hearing and First Reading of Ordinance No. 037, 2014 Amending The Zoning Map Of
The City Of Fort Collins And Classifying For Zoning Purposes the Property Included In
Phase Four Of The Southwest Enclave Annexation To The City Of Fort Collins,
Colorado
The purpose of this item is to implement Phase Four of the Southwest Enclave Annexation,
the last phase within this enclave and consisting of approximately 400acres. This is
a request to amend the City Structure Plan map, apply appropriate zoning districts, and
place Phase Four within the Residential Sign District. The City Structure Plan map will
Packet Pg. 16
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
69
be amended to finalize the Growth Management Area boundary for the Wildflower
expansion area. The requested zone districts for Phase F o u r are Urban Estate (U-E),
Rural Lands (R-U-L), and Public Open Lands (P-O-L).
12. Resolution 2014-019 Ratifying the Appointment of Amanda Manges Quijano to the Poudre
River Library District Board of Trustees.
The purpose of this item is to appoint Amanda Manges Quijano to the Poudre River Library
District Board of Directors to fill a vacancy that currently exists due to a term expiration for
Robin Gard.
13. Resolution 2014-021 Directing the Mayor to Submit a Letter to Colorado's United States
Senators and to Congressmen Jared Polis and Cory Gardner, Seeking Support for Funding
for I-25 Phase I Improvements.
The purpose of this item is for City Council to consider approval of a letter to be submitted
to the City's U.S. Congressional Delegation and to U.S. Representative Cory Gardner,
seeking their support to fund Interstate 25 improvements in the 2014 reauthorization of the
federal transportation bill.
***END CONSENT***
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Horak, Weitkunat, Cunniff,
Overbeck, Poppaw, Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell discussed Item No. 11, Items Relating to the Implementation of Phase
Four of the Southwest Enclave Annexation, noting this item represents the final phase of the
annexation.
Mayor Pro Tem Horak commended the detail and layout of Item No. 8, First Reading of
Ordinance No. 034, 2014, Amending Sections 3.8.31 and 5.1.2 of the Land Use Code Pertaining
to Hoop Houses.
Staff Reports
City Attorney Roy stated John Duval has been hired by the City Attorney’s Office. Roy
commended Mr. Duval’s work and stated the City Attorney’s Office is proud to have him
rejoining the City.
Packet Pg. 17
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
70
Councilmember Reports
Mayor Weitkunat reported on the upcoming Colorado Municipal League Board of Directors
meeting and stated Council will be attending the National League of Cities meeting in
Washington D.C. next week.
Councilmember Campana reported the City has received medals in four of the five categories for
efforts already completed relating to the national “Let’s Move” campaign.
Councilmember Cunniff reported on the introductory campus stadium meeting.
Consideration and Approval of the Minutes from the January 28, 2014
Adjourned Council Meeting and the February 4 and 18, 2014
Regular Council Meetings, February 18 Minutes to be Resubmitted
Councilmember Cunniff stated the February 18 minutes did not adequately reflect the discussion
City Attorney Roy had with Mayor Pro Tem Horak regarding the clarification of his motion.
City Clerk Nelson suggested Council vote on the remaining two sets of minutes and staff will
amend the February 18 minutes and bring them back for Council’s consideration at the next
meeting.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to approve the
January 28 and February 4, 2014 minutes. Yeas: Weitkunat, Cunniff, Overbeck, Poppaw,
Troxell, Campana and Horak. Nays: none.
THE MOTION CARRIED.
Resolution 2014-021
Directing the Mayor to Submit a Letter to Colorado's United States Senators
and to Congressmen Jared Polis and Cory Gardner, Seeking Support
for Funding for I-25 Phase I Improvements, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider approval of a letter to be submitted to the
City's U.S. Congressional Delegation and to U.S. Representative Cory Gardner, seeking their
support to fund Interstate 25 improvements in the 2014 reauthorization of the federal
transportation bill.
BACKGROUND / DISCUSSION
Interstate 25 (I-25) is the primary transportation corridor for people and goods to and from
Northern Colorado. The traffic volume along the highway has steadily increased in the last decade
to the point that road conditions are becoming a problem. Ensuring that the highway is safe, in
Packet Pg. 18
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
71
good repair, and is sized appropriately to handle traffic needs is important to Northern Colorado's
economic health.
Colorado Department of Transportation (CDOT) has proposed converting a free lane into a toll
lane on I-25 between Colorado 7 (the Brighton exit) to Colorado 66 (Lyons, Longmont and
Platteville exit) in order to accumulate the revenue needed to make improvements to the highway by
2075.
As an alternative, to expand the highway more quickly and efficiency, the North I-25 Coalition - a
group of local officials representing 14 communities from Thornton to Fort Collins - is advocating
that funding for north I-25 be included in the reauthorization of the federal transportation bill. The
transportation bill will be discussed by Congress this fall.
Information provided by the North I-25 coalition derived from CDOT, Department of Local Affairs,
Colorado State Demographer, and the U.S. Census data indicates, based on current road
conditions and traffic volumes, that the north I-25 corridor has an anticipated 10-year lifespan.
If approved, the letter will go to the City's federal representatives - United States Senators Mark
Udall and Michael Bennet, and Congressman Jared Polis. The same letter would also go to
Congressman Cory Gardner who, until 2012, represented Fort Collins. Congressman Gardner is a
leader in the United States House, understands the regional importance of this issue and is familiar
with regional needs.
FINANCIAL IMPACTS
Funding north Interstate 25 improvements in the federal transportation reauthorization will
ensure the region's economic health by maintaining a safe road surface and address growing
congestion along the north I-25 corridor. Acting sooner could result in savings to taxpayers,
both in minimizing congestion-related delays and in minimizing anticipated construction costs
(project costs are anticipated to be $1.2 billion if completed in the CDOT proposed timeline of
2075).
ENVIRONMENTAL IMPACTS
Delays along the north I-25 corridor can cause increased levels of air pollution.”
Councilmember Cunniff stated the item’s materials were not complete on-line as of Thursday
and requested information regarding the timeline and current status of the materials and
Resolution.
Mayor Pro Tem Horak read the complete Resolution into the record and discussed the need for
federal funding and support of the I-25 communities.
Mike Pruznick, Fort Collins resident, stated the thinking behind this issue does not support
sustainability.
Councilmember Campana commended Mayor Pro Tem Horak’s work on the item.
Packet Pg. 19
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
72
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-021.
Mayor Pro Tem Horak discussed the need for federal funding for I-25.
Councilmember Cunniff supported the need for bridge reconstruction and highway maintenance
but questioned the need for additional traffic lanes as history has shown they fill up shortly after
being completed.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to delay
consideration of the item until the next regular meeting due to the substantive changes in the
Resolution.
Mayor Weitkunat noted time is of the essence regarding the item and stated this letter would at
least put the Northern Colorado area in the discussion to receive federal funding.
Councilmember Troxell opposed postponing the item and commended Mayor Pro Tem Horak’s
work on the item and noted this is a regional effort.
Mayor Pro Tem Horak noted the discussed third lane would be a managed lane, which could
either be a toll or HOV lane. He also noted the environmental impact statement for the area has
already been approved by Council.
The vote on the motion to postpone the item was as follows: Yeas: Cunniff, Overbeck and
Poppaw. Nays: Troxell, Campana, Horak and Weitkunat.
THE MOTION FAILED.
The vote on the motion to approve Resolution 2014-021 was as follows: Yeas: Troxell,
Campana, Horak and Weitkunat. Nays: Cunniff, Overbeck and Poppaw.
THE MOTION CARRIED.
Ordinance No. 024, 2014,
Appropriating Prior Year Reserves in the Keep Fort Collins
Great Fund to Fund Further Development of the West Central
Neighborhoods Plan, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates
$170,000 of KFCG Other Transportation Reserve funds for consulting services associated with
the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is
scheduled for 2014. The requested funding enhances the overall planning effort by including an
analysis of the neighborhood transportation network, consideration of growth on and around the
Packet Pg. 20
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
73
Colorado State University campus, recommendations and strategies, and detailed corridor
vision and design for Prospect Road between College Avenue and Shields Street.
BACKGROUND / DISCUSSION
At the First Reading of Ordinance No. 024, 2014, City Council discussed the relationship of the
West Central Neighborhoods Plan to other efforts including mitigation strategies for a potential
on-campus stadium at CSU. Additional information has been included for the second reading in
order to clarify these relationships.
The West Central Neighborhoods Plan is representative of the 16 Area Plans within the City of
Fort Collins. These plans allow the application of City Plan at a scale appropriate to
neighborhood areas and districts of the City. Area plans typically include elements expanding
on land use, urban design, transportation, and other key topics. They take into consideration the
expected growth and development within the plan area, but they do not typically evaluate the
impact of specific development projects. It should be noted that the current plan is titled “West
Central Neighborhoods Plan,” while the new document under development will be renamed
“West Central Area Plan.” New attachments will reflect this change.
The Planning, Development, and Transportation (PDT) Service Area is also working with City
Management to develop a process for evaluating and mitigating the impacts of an on-campus
stadium. Additional information related to this project is being provided to City Council
separately from this AIS.
This appropriation ordinance is critical to the success of the larger West Central Area Plan
effort because it provides funding to support a robust analysis of the transportation network,
modeling and forecasting of the future condition of the system, and a more detailed preliminary
design for a highly constrained segment of Prospect Road. Without this supplementary funding,
the new plan will lack the depth of analysis to provide these detailed transportation
recommendations for the Plan Area as a whole, or design options for Prospect Road.
Per City Council’s request at First Reading, the following items have been included for
consideration:
Attachment 1: Agenda Item Summary from the first reading.
Attachment 2: West Central Area Plan Neighborhoods Map. This map shows the plan area
boundaries and identifies the names of the constituent neighborhoods.
Attachment 3: Fort Collins Area Plan Map. This attachment identifies all 16 of the currently
adopted Area Plans within the City.
Attachment 4: Original West Central Neighborhoods Plan Offer (without transportation
enhancements proposed by this appropriation). This document reflects the general scope of the
project as approved by City Council during the last Budgeting for Outcomes process.
Attachment 5: West Central Area Plan Final Project Scope (including transportation
enhancements proposed by this appropriation). This document reflects the final project scope if
this appropriation ordinance is adopted.
Packet Pg. 21
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
74
Attachment 6: West Central Area Plan Project Schedule. This is the anticipated timeline for the
completion of tasks outlined in the final scope
Attachment 7: Development Review Flow Chart. This provides a brief overview of the steps
that a private developer follows to design and construct public infrastructure necessary to
address development impacts.
The Ordinance was amended on First Reading to reflect the correct focus area on Prospect
Road.”
Cameron Gloss, Planning Manager, discussed the boundary of the West Central area and stated
this item would allow for a more elaborate transportation analysis of the area.
Paul Sizemore, FC Moves Program Manager, stated this item would appropriate $170,000 of
KFCG transportation reserves to expand on the West Central Neighborhoods Plan transportation
element. This research will provide a new baseline of data which can then feed into other
planning efforts, including stadium impact planning and other area plans. Sizemore went on to
detail documents and information requested by Council at First Reading.
Gloss discussed the history and funding of area plans throughout the city and stated the Plan
name has been changed to the West Central Area Plan to accurately reflect the land uses in the
area.
Councilmember Cunniff commended staff for the follow-up work and asked about proposed
outreach efforts. Gloss replied there is an extensive public involvement plan that begins in three
weeks and will be ongoing for approximately nine months.
Councilmember Overbeck asked if notices would be included in utility bills. Gloss replied a
broad range of techniques will be used, including utility bill notices.
Councilmember Campana asked about funding for the City’s area plans. Gloss replied they have
been approved through past budget cycles and funded by the City.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 024, 2014, on Second Reading.
Councilmember Troxell commended the additional work by staff.
Mayor Pro Tem Horak asked if a public engagement plan would be presented to Council. Gloss
replied staff has completed a draft public involvement plan which will be distributed to Council
shortly.
The vote on the motion was as follows: Yeas: Poppaw, Troxell, Campana, Horak, Weitkunat,
Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Packet Pg. 22
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
75
Ordinance No. 027, 2014,
Approving Revisions to the Fort Collins Utilities' Electric
Construction Policies, Practices, and Procedures, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
Ordinance No. 027, 2014, adopted on First Reading on February 18, 2014 by a vote of 6-0
(Campana recused) adopts the revised Electric Construction Policies, Practices, and Procedures
(ECPPP). The ECPPP provides definition to developers and contractors related to the
construction of electrical facilities.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 027, 2014, on Second Reading. Yeas: Troxell, Horak, Weitkunat, Cunniff,
Overbeck and Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 028, 2014,
Amending Chapter 26 of the City Code to Clarify the Application
of Wastewater Rates to Certain Residential Services, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on February 18, 2014 by a vote of 6-0 (Campana
recused), revises the City Code concerning the classification of wastewater users and
revises rates for wastewater service charges during the period of construction.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 028, 2014, on Second Reading. Yeas: Troxell, Horak, Weitkunat, Cunniff,
Overbeck and Poppaw. Nays: none.
THE MOTION CARRIED.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Items Relating to Recreational Marijuana, Adopted on First Reading
The following is the staff memorandum for this item.
Packet Pg. 23
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
76
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 038, 2014, Establishing Regulations for the Consumption
and Possession of Marijuana Within the City of Fort Collins and Prohibiting the Transfer or
Display of Marijuana on City-Owned Property.
B. First Reading of Ordinance No. 039, 2014, Establishing Regulations for the Cultivation of
Marijuana.
C. Possible Action Items Related to the Licensing of Retail Marijuana Establishments:
OPTION A:
First Reading of Ordinance No. 040, 2014, Extending the Temporary Ban on Marijuana
Establishments within the City of Fort Collins.
OR
OPTION B:
First Reading of Ordinance No. 041, 2014, Adding a New Article XVII to Chapter 15 of
the City Code to Govern the Licensing, Number, Location and Operation of Retail
Marijuana Establishments.
AND
First Reading of Ordinance No. 042, 2014, Making Amendments to the City of Fort
Collins Land Use Code in Order to Accommodate Retail Marijuana Establishments in the
City.
The purpose of this item is to regulate the personal use and growing of marijuana as allowed
under Amendment 64 and to either extend the ban on retail marijuana establishments or to adopt
regulations for such businesses. At the February 11, 2014 Work Session, Council requested the
following options be brought forward:
Proceed with the local ordinances addressing the personal use and growing of recreational
marijuana.
Extend the temporary ban for 2 years; or
Enact regulations governing retail marijuana establishments with options to either allow or
prohibit edibles with the exception of tinctures and oils.
A temporary ban on retail marijuana establishments went into effect in September 2013 and is
scheduled to expire on March 31, 2014. If the ordinance extending the temporary ban is adopted
on Second Reading, the ban will be extended until March 31, 2016. If the ordinance allowing
retail establishments is adopted on Second Reading, it would take effect prior to the expiration of
the existing temporary ban.
Packet Pg. 24
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
77
STAFF RECOMMENDATION
Staff recommends the adoption of Ordinance Nos. 038, 2014 and 039, 2014 addressing the
personal use, consumption and growing of recreational marijuana.
Based on the potential impacts on youth health and well-being, the cash nature of such
businesses, and the impact that such businesses may have on the City’s reputation, staff is
recommending the extension of the temporary ban for 2 years.
BACKGROUND / DISCUSSION
Amendment 64
With voter approval of Amendment 64 in November 2012, communities throughout Colorado
have been adopting local regulations to either ban or allow retail marijuana establishments.
Fort Collins is in a unique position because Initiative 301 which reinstated medical marijuana
businesses, was approved at the same time. Since November 2012, staff has been working
diligently to re-license previous medical marijuana centers and to provide Council with local
options to address retail marijuana in our community.
Amendment 64 allows the following:
Adults 21 years-of-age or older may legally possess, use, display, purchase, or transport one
ounce or less of marijuana without a doctor’s recommendation.
Adults 21 years-of-age or older may possess, grow, process, or transport up to six marijuana
plants, provided, however, that the cultivation of marijuana occurs in a locked and enclosed
space.
Local governments may opt out of allowing retail marijuana establishments or they may opt
in and enact local regulations.
Currently the City has:
11 licensed medical marijuana centers with 2 applications pending approval
11 licensed cultivation centers with 3 applications pending approval
2 licensed Manufacturing Infused Product facilities.
Proposed Ordinances
Ordinance No. 038, 2014 addresses personal consumption and possession and prohibitions on
the display and transfer of marijuana.
Amendment 64 allows adults 21 and over to possess up to one ounce of marijuana. It prohibits
“open and public” use of marijuana. This ordinance provides local language to better define
open and public consumption, to help with enforcement, and to allow violations to be written
into our local municipal court.
Packet Pg. 25
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
78
Amendment 64 (the constitutional provision governing recreational marijuana) prohibits the
open and public consumption of recreational marijuana, whereas Amendment 20 (the
constitutional provision governing medical marijuana) prohibits the consumption of medical
marijuana that is in plain view of, or in a place open to the general public. In order to make
these provisions consistent, the proposed ordinance governing recreational marijuana defines
“openly” as “perceptible from a place that is open to the general public” and “publicly” as
“occurring on any publicly owned property, or any non-residential property that is open to the
general public,” and the proposed ordinance governing medical marijuana reflects the
Amendment 20 language “in plain view of or in a place open to the public.”
Adults 21 years-of-age and older are allowed to possess up to one ounce of recreational
marijuana and medical marijuana patients are allowed to possess up to two ounces of medical
marijuana.
The ordinance also prohibits displaying or transferring marijuana on City owned property which
includes parks, trails, natural areas, streets and sidewalks.
Ordinance No. 039, 2014 addresses the residential growing of recreational marijuana for
personal use.
Amendment 64 allows adults to grow six plants “provided that the growing takes place in an
enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.”
However, the state law does not define these terms. The proposed ordinance defines what
constitutes an “enclosed, locked space” and “open and publicly.”
Fort Collins currently allows medical marijuana patients and caregivers to grow up to 12 plants
in single-family detached residences. Growing is prohibited in multi-family residences for
health and safety reasons.
Highlights of this ordinance include:
No cultivation in two-family, multifamily, or single-family attached dwellings.
Cultivation may not occur in the open or be perceptible from the outside of a property.
The use of compressed, flammable gases would be prohibited, as would all high-intensity
lighting.
The 12 plant limit for medical marijuana would remain in place, and would apply to
recreational marijuana regardless of the number of inhabitants.
With regard to the licensing of retail marijuana establishments, the choices available to the
Council are to:
- Do nothing, in which case the effect of that “default” to the state would have to be
further analyzed;
- Refer to the voters the question of whether to allow such establishments in the City;
- Extend the temporary ban for the purpose of further study;
- Adopt regulations under which the establishments would be licensed and regulated.
Packet Pg. 26
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
79
Staff is providing Council with ordinances that would either extend the ban for two more years
or amend the City Code to allow for licensing and regulation.
Option A: Ordinance No. 040, 2014, extends the existing temporary ban for two years.
Based on Council discussion, a two-year extension would provide a reasonable amount of time
to observe impacts in those communities licensing and regulating retail marijuana
establishments. Based on those impacts and any additional studies that may occur in the two-
year timeframe, Council could then make a more informed decision regarding retail marijuana
businesses.
Council could also opt to extend the ban long enough to put an item on the November ballot
related to the allowance of retail marijuana stores.
Option B: Ordinance No. 041, 2014, allows and regulates retail marijuana establishments.
Specifically, the proposed ordinance allows all existing licensed medical marijuana centers in
good standing to apply for and receive a retail marijuana store license at its same location on
the condition it maintains both the retail and medical license.
Should an existing medical marijuana center in good standing wish to relocate and seek a retail
marijuana store license, the ordinance requires the location to meet the following:
1000 feet from:
CSU
Schools
Public Playgrounds
Medical or Retail marijuana stores
500 feet from:
Child care centers
Places of worship
Public parks, pools, recreation facilities
Halfway houses or rehab centers
Residential Zoning
The proposed ordinance also contains an option for either allowing or banning the sale of edible
products in retail marijuana establishments and an option for requiring a licensed retail
marijuana store that is also operating a medical marijuana center to limit sales to those 21 and
over.
Edible marijuana products are allowed in medical marijuana centers. The City cannot change
the availability of these products to medical marijuana patients. Larimer County has banned the
sale of retail edible products. Both retail stores in the County will be maintaining their medical
marijuana business licenses.
Packet Pg. 27
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
80
The state addresses the protection of persons under age 21 from retail edible products in the
rules and regulations as follows:
Packaging may not be designed to appeal to children. A retail marijuana establishment shall
place no stickers or labeling on a container holding retail marijuana, retail marijuana
concentrates, or retail marijuana product in a manner that specifically targets individuals
under the age of 21, including but not limited to, cartoon characters or similar images.
A retail marijuana establishment must ensure that each retail marijuana product is placed
within a container prior to sale to a consumer. If the container is not child-resistant, the
retail marijuana store must place the container within an “exit package” that is child-
resistant. An exit package is “a sealed container or package provided at the retail point of
sale, in which any retail marijuana or retail marijuana product already within a container
are placed.”
Required warning statements include “This product is intended for use by adults 21 years
and older. Keep out of the reach of children.”
Should Council opt to allow the sale of retail edibles, the above would apply, as would our local
labeling requirement which states that all retail marijuana stores shall affix labels to all
containers on the licensed premises that hold retail marijuana or retail marijuana products and
shall clearly display potency profiles and contaminant results from licensed retail marijuana
testing facilities. This is more restrictive then the state law in that we are requiring all retail
marijuana and retail marijuana products to be tested.
The state is also imposing the following advertising restrictions to protect persons under the age
of 21:
Television / Radio / Print / Internet / Event Sponsorship restrictions include not utilizing
these types of advertising unless there is reliable evidence that no more than 30 percent of
the audience is reasonably expected to be under the age of 21.
Retail marijuana establishments shall not include in any form of advertising or signage any
content that specifically targets individuals under the age of 21, including but not limited to
cartoon characters or similar images.
Retail marijuana establishments shall not engage in advertising via marketing directed
towards location-based devices, including, but not limited to cellular phones, unless the
marketing is a mobile device application installed on the device by the owner of the device
who is 21 years of age or older and includes a permanent and easy opt-out feature.
If Council chooses to allow retails marijuana establishments, then the following ordinance
making changes to the Land Use Code would also need to be adopted.
Ordinance No. 042, 2014 makes amendments to the Land Use Code to define and regulate retail
marijuana establishments.
Packet Pg. 28
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
81
The amendments identify the appropriate zones for retail marijuana establishments (which are
proposed to be the same zones where the equivalent medical marijuana uses are currently
permitted), add definitions, and prohibit such businesses from the “addition of permitted use”
process.
FINANCIAL IMPACTS
The allowance of retail marijuana establishments would bring additional sales tax as well as a
percentage of state share back money to the City. These amounts are difficult to determine at
this point.
The City would also see an increase in cost for enforcement and implementation of a retail
marijuana system.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board approved a recommendation to make the following Land Use
Code amendments:
Adding definitions for Retail Marijuana Store, Retail Marijuana Cultivation Facility, and
Retail marijuana Product Manufacturing Facility.
Adding the above uses to the same zones in which like medical marijuana uses are allowed.
Prohibiting retail marijuana facilities from the “Addition of Permitted Use” process.
PUBLIC OUTREACH
Outreach was conducted at a Community Forum held in October 2013. Feedback was also
solicited and received on line through IdeaLab.”
City Attorney Roy provided an overview of the proposed Ordinances, noting the two basic
options for local governments, per the state regulations, are to ban or regulate retail marijuana
operations. He reviewed the provisions of Amendment 64.
Ginny Sawyer, Policy and Project Manager, detailed the Ordinances and options therein. She
also discussed the Planning and Zoning Board recommendations on the items and showed slides
illustrating the locations of existing medical marijuana facilities and available land in the city.
City Manager Atteberry noted the staff recommendation is to extend the existing ban on retail
facilities for another two years.
Steve Ackerman, Fort Collins resident, supported a regulated retail model.
Hauten Swaton, Fort Collins resident, supported a regulated retail model and opposed banning
edibles.
Tom Anders, Fort Collins resident, stated he needs edible medical marijuana for pain control due
to a brain stem stroke. Additionally, he supported a regulated retail model.
Packet Pg. 29
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
82
Ryan Wiens, Fort Collins resident, stated Council should enforce the will of the voters and
supported the ability for residents to grow their own marijuana and a regulated retail model.
Ray Burgner, Fort Collins resident, opposed tax revenue as being a reason to allow recreational
marijuana and stated the community’s youth should be prioritized.
Desmond Coronado, Fort Collins resident, supported the ability of law-abiding citizens, who are
of age, to purchase regulated retail marijuana.
Mary Kay Sommers, Fort Collins resident, supported the safest implementation possible and
stated the community’s youth should be prioritized.
Will Reynolds, Fort Collins resident, supported a regulated retail model.
Ken Correa, Fort Collins resident, stated he owns an edibles company, which is completely
regulated by the health department. He opposed banning edibles and opposed continuing a retail
ban.
Barbara Hain, Fort Collins resident, supported the Ordinances, stating the criminal element will
then be eliminated.
Shawn Hauser, Sensible Colorado organization, supported a regulated retail model.
Joe Hodas, Denver resident, stated he is the chief marketing officer for a company which makes
edible marijuana products. He illustrated the child-resistant packaging and labeling for his
products and supported a regulated retail model and opposed a ban on edibles.
Ray Martinez, 4121 Stoneridge Court, stated there is no rush to make a decision on this issue, as
more research should be completed. He stated crime has been increased by black market
marijuana sales to other states.
Ashley Kasprzak, Team Fort Collins Executive Director, stated early substance use and abuse
are major issues for the community’s youth.
Larry Abrahamson, Fort Collins resident, stated Amendment 64 allows communities the
opportunity to make a decision as to whether retail marijuana outlets are appropriate and Council
should look at data and research from other communities prior to making a decision.
Bob Doyle, Colorado Tobacco Education and Prevention Alliance Executive Director, stated this
would commercialize another drug, which would increase its use. He discussed the growth of
the marijuana wax business and opposed allowing retail marijuana facilities.
Kirk Scramstead, Fort Collins resident, provided a presentation illustrating child-resistant
packaging and warning labels, and discussed edible regulation.
Mayor Weitkunat stated the first Ordinance deals with regulations for the consumption and
possession of marijuana within the City and prohibits the transfer or display of marijuana on
City-owned property.
Packet Pg. 30
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
83
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 038, 2014, on First Reading.
Mayor Pro Tem Horak noted Amendment 64 provided municipalities the right to define public
use, which this Ordinance regulates.
Councilmember Cunniff stated there is not much controversy with this item and he will support
the motion.
Councilmember Troxell asked how the state legislative session may impact this provision.
Sawyer replied there currently is activity in the Legislature regarding this topic; however, it is
not particular to personal use and consumption.
Mayor Weitkunat noted this Ordinance prohibits the display and transfer of marijuana on all
City-owned property.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Cunniff, Overbeck, Poppaw,
Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Mayor Weitkunat stated the second Ordinance deals with establishing regulations for the
cultivation of marijuana.
Councilmember Cunniff stated one of the provisions of this Ordinance involves impacts in multi-
family dwellings in terms of mold, odor and other impacts. Sawyer replied the Building
Department’s Codes will deal with this type of issue on a complaint basis. She stated various
odor complaints are challenging.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 039, 2014, on First Reading.
Mayor Weitkunat noted this Ordinance regulates cultivation of marijuana, prohibits cultivation in
open areas and multi-family residences, and institutes a twelve plant limit.
Councilmember Cunniff expressed concern the City has not been given the power to prohibit
cultivation in multi-family residences. He stated impacts should be regulated and requested
alternate language referencing such be presented for Second Reading.
City Attorney Roy requested Council detail its requests for alternate provisions.
Councilmember Overbeck also requested alternative language referencing impacts for this
Ordinance.
Councilmember Troxell asserted the provision before Council is well within the guidelines of
what the City can do.
Packet Pg. 31
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
84
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Cunniff, Overbeck, Poppaw,
Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 041, 2014, on First Reading, including the option to include Section E under
Section 15-607.
Councilmember Troxell stated there is a great deal of concern in the community in terms of
putting regulations into effect prior to understanding community impacts. He expressed concern
regarding community values and the area’s youth. He stated this action is directly at odds with
the ability for youth to grow and thrive appropriately and supported a two year moratorium,
opposing the motion.
Mayor Pro Tem Horak stated this is a polarizing issue and discussed the history of medical
marijuana and the ability of municipalities to create their own regulations. He stated the
argument of increased tax revenue is detestable as a reason for allowing retail facilities, but
suggested a tax on the industry could be placed on the November ballot.
Mayor Weitkunat clarified the motion included Option E and did not include the Option related
to retail sales of edibles.
Mayor Pro Tem Horak stated Option E requires a change from medical marijuana sales should
those facilities opt to sell retail marijuana, and would require identification to prove age over 21.
Councilmember Cunniff stated he would support the motion as being a rational step in the right
direction. He noted Council does not have the ability to prohibit recreational marijuana in Fort
Collins. He suggested prohibiting retail sales would increase home cultivation and lead to
greater amounts of the substance in the community.
Councilmember Troxell argued Councilmember Cunniff’s opinion is naïve and stated marijuana
will still be grown in residences. He discussed the differences between alcohol and recreational
marijuana and suggested regulations should also include regulations on growing in homes.
Councilmember Campana stated staff should be afforded the opportunity to discuss its
recommendation that the moratorium continue for two additional years.
City Manager Atteberry stated there are three reasons staff is recommending the extension of the
moratorium on retail sales for two years: (1) the cash nature and quantity of marijuana which will
be occurring at retail sites, resulting in significant policing concerns; (2) concern about impacts
on the City brand as a family-friendly community and college town; and (3) concern regarding
youth usage and brain development.
Police Chief Hutto stated the cash nature of the business creates potential issues as a nexus for
crime. Additionally, he expressed concern regarding the continuation of black market marijuana
in terms of export to other states and cited statistics to support that concern. Chief Hutto also
expressed concern regarding the proliferation of marijuana in schools and stated retail sales of
Packet Pg. 32
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
85
marijuana will be a resource impact for public safety. He suggested the continuation of the
moratorium would allow time to collect additional data from other communities.
Councilmember Campana asked if in-home cultivation decreases with the allowance of retail
sales. Chief Hutto replied there is no definite data regarding that issue but stated he does not
believe retail sales will eliminate in-home cultivation.
Councilmember Campana stated resources have already been spent to train officers to deal with
marijuana and asked Chief Hutto to elaborate on those expenditures. Chief Hutto replied one
full-time position has been dedicated to dealing with the reestablishment of medical marijuana
facilities. He stated ongoing inspections and other issues with retail marijuana will demand at
least one or two full-time positions.
Councilmember Campana asked if those costs have been compared to projected tax revenues.
City Manager Atteberry replied in the negative but stated he would research the issue prior to
Second Reading.
Councilmember Campana asked about the performance of the medical marijuana facilities in the
community. Chief Hutto replied he does not currently have data regarding license issues but
stated there have been burglaries and an armed robbery. Sawyer replied there have been license
violations and one establishment was recently forced to pay a fine and serve days in suspension.
Councilmember Campana discussed awareness and availability and questioned what effect
nearby availability will have on consumption. Sawyer replied those data points have not yet
been established in other communities. Chief Hutto replied there is anecdotal evidence of a
marked increase in marijuana usage in high schools when medical marijuana returned to the
community.
Mayor Pro Tem Horak argued this testimony and data were not included in the written agenda
materials and stated the staff recommendation should have been presented earlier. City Manager
Atteberry replied there should have been more information in the written agenda materials and
stated Council knew staff’s recommendation earlier.
Councilmember Campana noted City Manager Atteberry stated the staff recommendation at the
start of the item and stated he would elaborate as desired; the motion was made prior to City
Manager Atteberry being given a chance to do so. Additionally, he stated Council received
information at the work session regarding the staff recommendation.
Mayor Pro Tem Horak argued the data discussed by Chief Hutto is new information.
Councilmember Campana agreed the data should have been included at the work session and in
the agenda materials.
Mayor Pro Tem Horak stated staff had six months to prepare its data and recommendation.
Councilmember Cunniff asked if the cash nature of the marijuana business differs from that of
bars and liquor stores. Chief Hutto replied liquor stores have historically been a target of crime
due in part to the cash nature of transactions, similar to other cash oriented businesses such as
gas stations.
Packet Pg. 33
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
86
Councilmember Cunniff asked how long marijuana has been in Fort Collins. Chief Hutto replied
it has likely been here as long as the city itself.
Councilmember Cunniff discussed drug-related incarceration rates and the fact there are many
children whose parents have been jailed for victimless crimes. He stated social expectations are
changing and evolving and argued banning retail sales would not eliminate the substance in the
community.
City Manager Atteberry discussed a memo sent to Council in advance of its work session in
February which outlined the issues mentioned by Chief Hutto.
Mayor Pro Tem Horak stated that memo should have been included in the agenda item summary.
City Manager Atteberry agreed with Mayor Pro Tem Horak.
Councilmember Overbeck stated Fort Collins will not lose its standing by allowing retail sales of
marijuana and stated it is a legitimate business.
Councilmember Campana argued a continuation of the ban for two years is not detrimental to
Fort Collins’ brand either and stated it would allow time for data to be collected, though he
acknowledged City staff is capable of effectively creating necessary regulations.
Councilmember Poppaw stated this issue has been discussed for years and it is time to begin
moving forward. She stated City staff is capable of creating regulations to protect the
community’s youth.
Mayor Weitkunat discussed the fact there are counter arguments for each point and stated
Council needs to act responsibly and use the next two years to collect data, citing the hydraulic
fracturing issue. She discussed Fort Collins’ tough regulations on smoking tobacco and
compared that to marijuana. Additionally, she argued Fort Collins’ brand is at risk by allowing
retail marijuana sales.
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw and Horak. Nays:
Weitkunat, Troxell and Campana.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 042, 2014, on First Reading. Yeas: Weitkunat, Horak, Cunniff, Poppaw,
Overbeck and Campana. Nays: Troxell.
THE MOTION CARRIED.
Resolution 2014-020
Making an Appointment to the Fort Collins
Housing Authority Board of Commissioners, Adopted
The following is the staff memorandum for this item.
Packet Pg. 34
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
87
“EXECUTIVE SUMMARY
The purpose of this item is to appoint a Councilmember to the Fort Collins Housing Authority
to fill the remainder of Councilmember Lisa Poppaw's term expiring on May 1, 2017.
BACKGROUND / DISCUSSION
Section 2-247 of the City Code provides that the Housing Authority shall consist of
commissioners selected by the City Council in a manner provided by the State Statute. Section
29-4-205(3)(b) C.R.S. provides that the initial terms of the appointed commissioners shall be
staggered from the date of their appointments so that, to the extent possible, the terms of an
equal number of commissioners end each year and, thereafter, the term of the commissioners
shall be for five years.
Current Council Liaison Councilmember Lisa Poppaw the has found it necessary to step down
from the Fort Collins Housing Authority. Councilmember Poppaw is requesting a new
Councilmember be appointed to fulfill her term which expires on May 1, 2017.”
Councilmember Poppaw made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2014-020, inserting Councilmember Cunniff as the appointee.
Councilmember Poppaw stated she needs to relinquish her position on the Housing Authority
due to scheduling demands.
Councilmember Campana commended Councilmember Poppaw for her work on the Housing
Authority and thanked Councilmember Cunniff for his willingness to take over the position.
The vote on the motion was as follows: Yeas: Poppaw, Troxell, Campana, Horak, Weitkunat,
Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tem Horak requested and received Council support to direct the City Manager to
return with a proposal regarding Sunday MAX bus service. City Manager Atteberry replied he
will return in two weeks with information.
Packet Pg. 35
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
March 4, 2014
88
Adjournment
The meeting adjourned at 10:15 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 36
Attachment1.1: March 4, 2014 minutes (Minutes-3/4/14)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Lindsay Ex, Senior Environmental Planner
SUBJECT
Postponement of Items Relating to the Kechter Farm Annexation and Zoning to April 15, 2014.
EXECUTIVE SUMMARY
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos.
005 and 006, 2014) be postponed until April 15, 2014. The final plat approval should be considered by the
Board of County Commissioners in April. Under the Intergovernmental Agreement (IGA) with Larimer County,
the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan
approval by the County. Postponing this item until the April 15 meeting will honor the City’s commitment in the
IGA.
Packet Pg. 37
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Greg Yeager, Police Lieutenant
SUBJECT
Second Reading of Ordinance No. 043, 2014, Appropriating Unanticipated Grant Revenue in the General Fund
and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-
Jurisdictional Northern Colorado Drug Task Force.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2014, appropriates federal grant monies
received from the Office of National Drug Control Policy ($95,853) and the Department of Justice ($57,722) to
fund a portion of the investigation of illegal narcotics activities in Larimer County by the Northern Colorado
Drug Task Force. These grant awards will be used to offset operating expenses for each participating agency.
In addition, because of the significant decrease in federal funds available for drug enforcement, the Northern
Colorado Drug Task Force is transferring $236,160 from its forfeiture reserve account to its 2014 operating
budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets
seized from people engaged in illegal drug activities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 18, 2014 (PDF)
2. Ordinance No. 043, 2014 (PDF)
Packet Pg. 38
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Greg Yeager, Police Lieutenant
SUBJECT
First Reading of Ordinance No. 043, 2014, Appropriating Unanticipated Grant Revenue in the General Fund
and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-
Jurisdictional Northern Colorado Drug Task Force.
EXECUTIVE SUMMARY
Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice
on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to fund a portion of the
investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset
operating expenses for each participating agency.
In addition, because of the significant decrease in federal funds available for drug enforcement, the NCDTF is
transferring $236,160 from its forfeiture reserve account to its 2014 operating budget to cover unfunded
expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in
illegal drug activities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This appropriation is not a request to identify new dollars for the Police Services’ 2014 budget. This action is
taken every year when federal awards are granted and the NCDTF budget is set. This action will appropriate
$95,853 and $57,722 from two new federal grants and will authorize the transfer of $236,160 from the NCDTF
forfeiture reserve account for unfunded operating expenses in 2014.
The NCDTF currently includes Fort Collins Police Services, the Loveland Police Department, and the Colorado
Department of Corrections Adult Parole, Region I office.
FINANCIAL / ECONOMIC IMPACTS
The City has received two grant awards for the operation of the NCDTF. These grants will be used for task
force operating expenses.
Office of National Drug Control Policy (2014-HIDTA) in the amount of $95,853.
Edward Byrne Memorial Justice Assistance Grant (2013-2014 JAG) in the amount of $57,722.
In addition, $236,160 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins
General Fund to establish the 2014 annual operating budget for NCDTF expenses that are not grant funded.
There is no financial impact to the City of Fort Collins as there are no matching funds required.
ATTACHMENT 1
Packet Pg. 39
Attachment3.1: First Reading Agenda Item Summary, March 18, 2014 (SR 043 Drug Task Force)
- 1 -
ORDINANCE NO. 043, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND
AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN
ACCOUNTS AND PROJECTS FOR THE MULTI-JURISDICTIONAL NORTHERN
COLORADO DRUG TASK FORCE
WHEREAS, the Office of National Drug Control Policy and U.S. Department of Justice
have awarded Fort Collins Police Services (“FCPS”) two grants of federal money in the
combined amount of $153,575; and
WHEREAS, no local matching funds are required for the grant funds, and the City and
FCPS will administer the grant on behalf of the Northern Colorado Drug Task Force (the “Task
Force”); and
WHEREAS, the Task Force consists of representatives from FCPS, the Loveland Police
Department, and the Colorado Department of Corrections Adult Parole Region I office; and
WHEREAS, there are funds totaling $236,160 in prior forfeiture reserve funds in the
restricted Task Force Reserve in the General Fund; and
WHEREAS, the grants and prior reserve funds will be used by the Task Force to help
fund the investigation of illegal narcotics activities and the Task Force 2014 annual operating
budget; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, the City staff has determined that the appropriation of the grant funds as
described herein will not cause the total amount appropriated in the General Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during the fiscal
year; and
WHEREAS, it is the desire of the City Council to appropriate unanticipated revenue and
prior reserves in the Task Force Reserve for transfer to the General Fund for appropriation
therein for participation by FCPS in the Task Force.
Packet Pg. 40
Attachment3.2: Ordinance No. 043, 2014 (SR 043 Drug Task Force)
- 2 -
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of ONE HUNDRED FIFTY THREE THOUSAND FIVE HUNDRED
SEVENTY FIVE DOLLARS ($153,575) for expenditure, upon receipt, in the General Fund for
participation by Fort Collins Police Services in the Northern Colorado Drug Task Force.
Section 2. That there is hereby appropriated from prior year reserves in the Northern
Colorado Drug Task Force Reserve the sum of TWO HUNDRED THIRTY SIX THOUSAND
ONE HUNDRED SIXTY DOLLARS ($236,160) for transfer to the General Fund and
appropriated therein, for Fort Collins Police Services participation in the Northern Colorado
Drug Task Force.
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 41
Attachment3.2: Ordinance No. 043, 2014 (SR 043 Drug Task Force)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Gerry Paul, Director of Purchasing & Risk Management
SUBJECT
Second Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter into an Agreement for
the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the Amount Needed for Such
Purchases.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2014, authorizes the lease-purchase of
vehicles and equipment for the cost of $2,941,469. Payments at the 2.4% interest rate will not exceed
$313,029.11 in 2014. Money for 2014 lease-purchase payments is included in the 2014 budget. The effect of
the debt position on the City’s financial rating will be to raise the total City debt to 2.38%. A competitive
process was used to select Pinnacle Public Finance for this lease. A 2014 Finance Department analysis of
current and historical equipment lease financing arrangements showed that lease-purchase is in the best
interest of the City given the normal spread between lease rate and reinvestment rate.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 18, 2014 (PDF)
2. Ordinance No. 045, 2014 (PDF)
Packet Pg. 42
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Gerry Paul, Director of Purchasing & Risk Management
SUBJECT
First Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter into an Agreement for
the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the Amount Needed for Such
Purchases.
EXECUTIVE SUMMARY
The purpose of this item is to request the lease-purchase of vehicles and equipment for the cost of $2,941,469.
Payments at the 2.4% interest rate will not exceed $313,029.11 in 2014. Money for 2014 lease-purchase
payments is included in the 2014 budget. The effect of the debt position on the City’s financial rating will be to
raise the total City debt to 2.38%. A competitive process was used to select Pinnacle Public Finance for this
lease. A 2014 Finance Department analysis of current and historical equipment lease financing arrangements
showed that lease-purchase is in the best interest of the City given the normal spread between lease rate and
reinvestment rate. Staff believes acceptance of this lease rate is in the City's best interest.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Ordinance authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with
Pinnacle Public Finance at 2.4% interest rate. The agreement is for an original term from the execution date of
the agreement to the end of the current fiscal year. The agreement provides for renewable one-year terms
thereafter, to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments.
The total lease terms, including the original and all renewal terms, will not exceed the useful life of the
property, which is greater than five years in each instance. This lease-purchase financing is consistent with
the financial policies of the City of Fort Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures to ensure that the
City realizes all cost savings.
The vehicles and equipment financed under the agreement will comply with applicable City policies, and will be
in accordance with the goal of optimizing City resources without impacting service to the community.
An "Equipment Request" justifying the replacement of each vehicle or piece of fleet equipment is on file with
Fleet Services. The fleet manager has researched each request, and approved them based on current and
projected maintenance costs, fuel economy, downtime, and relevant safety factors. Other equipment
purchases have been approved in accordance with departmental procedures.
FINANCIAL / ECONOMIC IMPACT
The City's lease-purchase policy provides that:
ATTACHMENT 1
Packet Pg. 43
Attachment4.1: First Reading Agenda Item Summary, March 18, 2014 (SR 045 Lease Purchase)
Agenda Item 12
Item # 12 Page 2
The City of Fort Collins uses lease-purchase for the provision of new and replacement equipment,
vehicles and rolling stock in order to ensure the timely replacement of vehicles and equipment.
This method may also be used to acquire real property. Members of the management staff have
developed an equipment needs schedule for rolling stock which encompasses the demands of
operating departments. This schedule is used to project equipment needs for each budget year.
With each lease payment, the purchase price for the City’s purchase of the equipment or vehicle is reduced.
The annual lease payments are subject to appropriation by the Council each year.
Advantages of a lease-purchase over a cash purchase are:
Decreasing the impact of inflation on the purchase of new and replacement equipment.
Resolving the problem of capital replacement needs backlog.
Conserving operating reserves.
Reducing the initial impact of the cost to user departments by enabling costs to be spread over the
useful life of the equipment.
Safeguarding the opportunity to use cash assets to earn higher interest than the interest cost of
lease-purchasing.
It should be noted that the City is able to discontinue the equipment leases under the terms of the lease-
purchase agreement. Future City Councils will retain the option to continue or discontinue the policy of lease-
purchasing City equipment.
A 2014 Finance Department analysis of current and historical equipment lease financing arrangements
showed that lease-purchase is in the best interest of the City given the normal spread between lease rate and
reinvestment rate.
According to Section 29-1-103 C.R.S., local governments are required to identify as part of their budgets: (1)
the total expenditures during the ensuing fiscal year for all lease purchase agreements involving real and
personal property; and (2) the total maximum payment liability under all lease-purchase agreements over the
entire terms of the agreements, including all optional renewal terms. Although a lease-purchase is not
considered “debt” under the Taxpayers’ Bill of Rights, rating agencies include lease-purchases in calculating
the City's debt burden.
The proposed Ordinance authorizes the lease-purchase financing of the following vehicles and equipment, the
weighted average useful life of which is greater than five (5) years:
Description Quantity Cost
Golf - New and Replacements
Toro Greensmaster 3300 Triflex 2 61,962.00
Toro Workman HDX-D Utility Vehicle 2 48,076.00
Yamaha Electric Carts for Southridge 73 258,100.00
Yamaha Gas Carts for Southridge 3 11,700.00
Yamaha Electric Carts for Collindale 15 53,100.00
Yamaha Electric Carts for City Park 15 53,100.00
Yamaha Gas Carts for City Park 5 19,500.00
Golf Fund Total: 505,538.00
Streets – Replacements
Cab/Chassis Tandem Plow Truck 1 104,808.00
Cab/Chassis Tandem Plow Truck 1 129,800.00
Packet Pg. 44
Attachment4.1: First Reading Agenda Item Summary, March 18, 2014 (SR 045 Lease Purchase)
Agenda Item 12
Item # 12 Page 3
Description Quantity Cost
Dump Body for Plow truck 1 113,750.00
Dump Body for Plow truck 1 113,750.00
Spreader and Tank 2 112,150.00
6 way Folding V- Plow 1 18,539.00
Loader Bucket Attachment 1 16,275.00
Compact Sweeper 1 139,100.00
Portable Belt Conveyor 1 126,000.00
Streets Total: 874,172.00
Traffic – Replacements
1/2 ton Pick-up Truck 1 25,600.00
Cab/Chassis for Bucket Truck 1 35,000.00
Body for Bucket Truck 1 85,000.00
Traffic Total: 145,600.00
Transportation Fund Total: 1,019,772.00
Parks - Replacement Vehicles
Small Pick-up truck - 4wd 2 52,800.00
Snowplow equipment 2 9,000.00
1 ton Cab/Chassis 1 24,969.00
Zero Turn Mower with decks 2 29,500.00
Parks Total: 116,269.00
Forestry - Replacement Vehicle
1/2 ton Pick-up truck - 2WD 1 23,500.00
Forestry Total: 23,500.00
Operation Services - Replacement Vehicle
1/2 ton Cargo Van 1 24,000.00
Additional equipment & shelving 1 2,500.00
Operations Services Total: 26,500.00
Police Patrol - Replacement Vehicles
Ford Utility Police Interceptor AWD 15 400,050.00
Patrol vehicle equipment 15 138,500.00
Patrol vehicle equip. - Vinyl wrap 17 11,250.00
Ram 1500 SSV 2 52,100.00
Patrol vehicle equipment 2 24,400.00
Patrol New Officer Vehicle Total: 626,300.00
Investigations - Replacement Vehicle
1/2 ton Pick-up truck 1 27,000.00
Patrol vehicle equipment 1 3,500.00
Investigation New Officer Vehicle Total: 30,500.00
Patrol - New Officer Vehicles (KFCG)
Ford Utility Police Interceptor AWD 7 186,700.00
Patrol vehicle equipment 7 77,000.00
Patrol vehicle equip. - Vinyl wrap 7 4,700.00
Patrol New Officer Vehicle Total: 268,400.00
Investigations - New Officer Vehicle
Ford Utility Police Interceptor AWD 1 26,670.00
Patrol vehicle equipment & vinyl wrap 1 11,660.00
Investigation New Officer Vehicle Total: 38,330.00
Police Patrol - Traffic - Replacement Vehicle
Ford Utility Police Interceptor AWD 1 26,670.00
Packet Pg. 45
Attachment4.1: First Reading Agenda Item Summary, March 18, 2014 (SR 045 Lease Purchase)
Agenda Item 12
Item # 12 Page 4
Description Quantity Cost
Patrol vehicle equipment 1 9,300.00
Investigation New Officer Vehicle Total: 35,970.00
General Fund Total: 1,165,769.00
Information Technology
Dell Latitude E6440 75 104,070.00
Dell OptiPlex 7010 100 88,000.00
Dell Precision T3610 4 5,140.00
Panisonic Toughbooks 25 41,060.00
Dell Monitor Stands 40 2,240.00
Dell Venue 11 Tablets 5 6,630.00
Logitech Keyboards 54 600.00
Dell USB Mouse 50 670.00
Power Strips/ Surge Suppressor 200 1,980.00
Data & Communications Fund Total: 250,390.00
Lease Total: 2,941,469.00
Departments have appropriately justified the purchase of all new replacement vehicles and equipment.
Information on replacement units is given below.
The Operations Services Director has determined that the following units meet requirements for replacement.
These units are included in the financing list, above.
Department Old unit: Age:
Miles /
hours: New unit:
Disposal
of old
unit: Notes:
Golf Various 8-9 n/a Yamaha
electric carts
Trade-in Replacing gasoline
carts at the end of
their normal service
life with electric carts
Streets 2080 18 152,450
miles
International
7600 SFA
6x4
Auction Due for replacement
Streets 2087 17 130,690
miles
International
7600 SFA
6x4
Auction Cracked frame
Streets 4203 34 n/a Tink 720
Claw
Auction Due for replacement
Streets 3206 16 3106
Hours
Compact
Sweeper
Auction Excessive
maintenance and
major repairs required
Traffic 2233 14 108,500 ½ ton
pickup
Auction Due for replacement
Traffic 22401 12 10,148
Agenda Item 12
Item # 12 Page 5
Department Old unit: Age:
Miles /
hours: New unit:
Disposal
of old
unit: Notes:
Parks 2490 29 84,046
miles
1 ton
cab/chassis
Auction Excessive
maintenance and
major repairs required
Parks 2444 15 70,491
miles
small pick
up
Auction Excessive
maintenance and
major repairs required
Parks 2551 16 85,168
miles
Small pick
up
Auction Excessive
maintenance and
major repairs required
Police –
Patrol
17 units 6 -14 All over
90,000+
Utility
Interceptor –
AWD
Auction Due for replacement
Police -
Investigations
21076 8 129,290
miles
Toyota
Sienna
Auction Due for replacement
Note on usage: Units will accumulate additional miles/hours between now and when replacement vehicles
arrive.
ENVIRONMENTAL IMPACTS
Due to improvements in emissions and engine technology, new vehicles and equipment will use less fuel and
produce fewer emissions than the units being replaced.
The new officers to be added by Police were separately approved by Council and vehicles must be added to
accommodate the increase in staffing levels. Those vehicles are as fuel efficient as can be provided pursuant
to the needs of patrol and investigation officers.
Packet Pg. 47
Attachment4.1: First Reading Agenda Item Summary, March 18, 2014 (SR 045 Lease Purchase)
- 1 -
ORDINANCE NO. 045, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT
FOR THE FINANCING BY LEASE-PURCHASE OF VEHICLES AND EQUIPMENT
AND APPROPRIATING THE AMOUNT NEEDED FOR SUCH PURCHASES
WHEREAS, the City has a need for and desires to provide certain real and personal
property for City purposes; and
WHEREAS, the City is authorized by the Colorado Constitution, Article XX, §6, its
home rule charter, and Part 8 of Article 15 of Title 31, Colorado Revised Statutes, as amended
(the “Act”), to enter into rental or leasehold agreements in order to provide necessary land,
buildings, equipment and other property for governmental or proprietary purposes, and such
agreements may include options to purchase and acquire title to such leased or rented property;
and
WHEREAS, the City has received a proposal from Pinnacle Public Finance to lease
equipment to the City, consisting of the following (the “Equipment”):
Description Quantity Cost
Golf - New and Replacements
Toro Greensmaster 3300 Triflex 2 61,962.00
Toro Workman HDX-D Utility Vehicle 2 48,076.00
Yamaha Electric Carts for Southridge 73 258,100.00
Yamaha Gas Carts for Southridge 3 11,700.00
Yamaha Electric Carts for Collindale 15 53,100.00
Yamaha Electric Carts for City Park 15 53,100.00
Yamaha Gas Carts for City Park 5 19,500.00
Golf Fund Total: 505,538.00
Streets - Replacements
Cab/Chassis Tandem Plow Truck 1 104,808.00
Cab/Chassis Tandem Plow Truck 1 129,800.00
Dump Body for Plow truck 1 113,750.00
Dump Body for Plow truck 1 113,750.00
Spreader and Tank 2 112,150.00
6 way Folding V- Plow 1 18,539.00
Loader Bucket Attachment 1 16,275.00
Compact Sweeper 1 139,100.00
Portable Belt Conveyor 1 126,000.00
Streets Total: 874,172.00
Traffic - Replacements
1/2 ton Pick-up Truck 1 25,600.00
Cab/Chassis for Bucket Truck 1 35,000.00
Body for Bucket Truck 1 85,000.00
Traffic Total: 145,600.00
Transportation Fund Total: 1,019,772.00
Packet Pg. 48
Attachment4.2: Ordinance No. 045, 2014 (SR 045 Lease Purchase)
- 2 -
Parks - Replacement Vehicles
Small Pick-up truck - 4wd 2 52,800.00
Snowplow equipment 2 9,000.00
1 ton Cab/Chassis 1 24,969.00
Zero Turn Mower with decks 2 29,500.00
Parks Total: 116,269.00
Forestry - Replacement Vehicle
1/2 ton Pick-up truck - 2WD 1 23,500.00
Forestry Total: 23,500.00
Operation Services - Replacement Vehicle
1/2 ton Cargo Van 1 24,000.00
Additional equipment & shelving 1 2,500.00
Operations Services Total: 26,500.00
Police Patrol - Replacement Vehicles
Ford Utility Police Interceptor AWD 15 400,050.00
Patrol vehicle equipment 15 138,500.00
Patrol vehicle equip. - Vinyl wrap 17 11,250.00
Ram 1500 SSV 2 52,100.00
Patrol vehicle equipment 2 24,400.00
Patrol New Officer Vehicle Total: 626,300.00
Investigations - Replacement Vehicle
1/2 ton Pick-up truck 1 27,000.00
Patrol vehicle equipment 1 3,500.00
Investigation New Officer Vehicle Total: 30,500.00
Patrol - New Officer Vehicles (KFCG)
Ford Utility Police Interceptor AWD 7 186,700.00
Patrol vehicle equipment 7 77,000.00
Patrol vehicle equip. - Vinyl wrap 7 4,700.00
Patrol New Officer Vehicle Total: 268,400.00
Investigations - New Officer Vehicle
Ford Utility Police Interceptor AWD 1 26,670.00
Patrol vehicle equipment & vinyl wrap 1 11,660.00
Investigation New Officer Vehicle Total: 38,330.00
Police Patrol - Traffic - Replacement Vehicle
Ford Utility Police Interceptor AWD 1 26,670.00
Patrol vehicle equipment 1 9,300.00
Investigation New Officer Vehicle Total: 35,970.00
General Fund Total: 1,165,769.00
Information Technology
Dell Latitude E6440 75 104,070.00
Dell OptiPlex 7010 100 88,000.00
Dell Precision T3610 4 5,140.00
Panasonic Toughbooks 25 41,060.00
Dell Monitor Stands 40 2,240.00
Dell Venue 11 Tablets 5 6,630.00
Packet Pg. 49
Attachment4.2: Ordinance No. 045, 2014 (SR 045 Lease Purchase)
- 3 -
Logitech Keyboards 54 600.00
Dell USB Mouse 50 670.00
Power Strips/ Surge Suppressor 200 1,980.00
Data & Communications Fund Total: 250,390.00
Lease Total: 2,941,469.00
and;
WHEREAS, the City Council has determined that it is in the best interests of the City to
lease the above-described equipment from Pinnacle Public Finance, which is also providing
financing for the Equipment acquisition; and
WHEREAS, the City desires to enter into a lease-purchase agreement with respect to the
leasing and financing of the Equipment; and
WHEREAS, the useful life of the Equipment is longer than the maximum lease-purchase
term of five years; and
WHEREAS, the City has determined that the lease payments to result from the proposed
arrangement will require payments by the City in the sum of $156,514.56 per quarter, and that
payments in that amount are reasonable and proper and represent the fair rental value of the
Equipment; and
WHEREAS, funds for the 2014 lease payments are included in the 2014 budget; and
WHEREAS, the lease of the Equipment will not constitute a “multiple-fiscal year direct
or indirect debt or other financial obligation” of the City within the meaning of Article X
§20(4)(b) of the Colorado Constitution, and may therefore be entered into without voter
approval; and
WHEREAS, Article V, Section 9, of the City Charter permits the Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with previous appropriations
for that fiscal year, does not exceed the then current estimate of actual and anticipated revenues
to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation described in this Ordinance
will not cause the total amount appropriated in the respective fund to exceed current estimates of
actual and anticipated revenues to be received in those funds during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Purchasing Agent is hereby authorized to enter into a lease-
purchase agreement for the above-described Equipment with Pinnacle Public Finance in
accordance with the following terms and provisions:
Packet Pg. 50
Attachment4.2: Ordinance No. 045, 2014 (SR 045 Lease Purchase)
- 4 -
a. The agreement shall be for an original term from the execution date of the
agreement through April 30, 2015. The agreement shall provide for
renewable one-year terms thereafter up to a total term of five (5) years,
subject to annual appropriation of funds needed for lease payments. The
total lease terms, including the original and all renewal terms, shall not
exceed the useful life of the property.
b. The City shall make equal quarterly payments throughout the term of such
agreement but subject to annual appropriation of the funds needed for such
payments.
c. If the City leases the Equipment for the original term and all renewal
terms, the payment to Pinnacle Public Finance will total the sum of the
principal, $2,941,469.00, plus interest at a fixed rate equal to 2.40% per
year, which is a reasonable amount.
d. The City shall have the option to purchase part or all of the Equipment on
the date of any scheduled quarterly payment during any term. The option
to purchase shall be exercised by paying the quarterly payment due on said
date and the unpaid principal due after said date, as to any or all of the
Equipment.
e. If the City renews the agreement for all the renewal terms and makes all
payments during said terms, the City shall be deemed to have exercised
the option to purchase the Equipment.
f. The agreement shall constitute only a current expense of the City and shall
not be construed to be a debt or pledge of the City's credit or revenues.
Section 2. That the amount of Five Hundred Five Thousand, Five Hundred and
Thirty-Eight Dollars ($505,538) to be provided under the lease-purchase agreement is hereby
appropriated for expenditure in the Golf Fund from unanticipated revenue in the appropriate
funds for the acquisition of vehicles and equipment in accordance with the terms and provisions
of the lease-purchase agreement, upon receipt thereof.
Section 3. That the amount of One Million, Nineteen Thousand, Seven Hundred and
Seventy-Two Dollars ($1,019,772) to be provided under the lease-purchase agreement is hereby
appropriated for expenditure in the Transportation Fund from unanticipated revenue in the
appropriate funds for the acquisition of vehicles and equipment in accordance with the terms and
provisions of the lease-purchase agreement, upon receipt thereof.
Section 4. That the amount of One Million, One Hundred Sixty-Five Thousand,
Seven Hundred and Sixty-Nine Dollars ($1,165,769) to be provided under the lease-purchase
agreement is hereby appropriated for expenditure in the General Fund from unanticipated
revenue in the appropriate funds for the acquisition of equipment in accordance with the terms
and provisions of the lease-purchase agreement, upon receipt thereof.
Packet Pg. 51
Attachment4.2: Ordinance No. 045, 2014 (SR 045 Lease Purchase)
- 5 -
Section 5. That the amount of Two Hundred Fifty Thousand, Three Hundred and
Ninety Dollars ($250,390) to be provided under the lease-purchase agreement is hereby
appropriated for expenditure in the Data & Communications Fund from unanticipated revenue in
the appropriate funds for the acquisition of equipment in accordance with the terms and
provisions of the lease-purchase agreement, upon receipt thereof.
Section 6. Any inconsistency between the provisions of this Ordinance and those of
the Act is intended by the Council. To the extent of any such inconsistency, the provisions of
this Ordinance shall be deemed made pursuant to the home rule charter of the City and shall
supersede, to the extent permitted by law, the conflicting provisions of the Act.
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 52
Attachment4.2: Ordinance No. 045, 2014 (SR 045 Lease Purchase)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Steve Roy, City Attorney
SUBJECT
Second Reading of Ordinance No. 046, 2014, Adding a New Section to the City Code Dealing with the
Selection of Special Counsel for the City and Establishing a Procedure for Considering Whether to Consent to
Potential or Actual Conflicts of Interest on the Part of Special Counsel.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2014, establishes a new process for
selecting special legal counsel and for considering whether the City should waive conflicts of interest that such
counsel may have in particular situations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 18, 2014 (PDF)
2. Ordinance No. 046, 2014 (PDF)
Packet Pg. 53
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Steve Roy, City Attorney
SUBJECT
First Reading of Ordinance No. 046, 2014, Adding a New Section to the City Code Dealing with the Selection
of Special Counsel for the City and Establishing a Procedure for Considering Whether to Consent to Potential
or Actual Conflicts of Interest on the Part of Special Counsel.
EXECUTIVE SUMMARY
The purpose of this item is to establish a new process for selecting special legal counsel and for considering
whether the City should waive conflicts of interest that such counsel may have in particular situations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Article VI of the City Charter states that the City Council may, upon the request of the City Attorney in special
cases, employ special counsel, if deemed necessary and advisable under the circumstances. As the volume
and complexity of the City’s legal services needs have increased, the need for special counsel has also
increased. Special counsel is needed in areas of special expertise such as water law, workers’ compensation,
bond issuances and others, and also for the handling of much of the litigation in which the City is involved.
In 1989, following a procurement process, the City Council adopted Resolution 1989-183, which specifies the
law firms that are generally to be used by the City Attorney when outside legal services are needed in the
areas of general liability, worker’s compensation, bond issuances, and water and environment. In addition,
Resolution 1989-183 authorizes the City Attorney to select and utilize the services of other special legal
counsel if deemed necessary or advisable because of extraordinary circumstances.
In 1992, the City Council adopted a second resolution, Resolution 1992-190, which established a process for
selecting special legal counsel in situations where the City Attorney has to withdraw from representation of the
City because of a conflict of interest. That process calls for the use of other municipal attorneys pursuant to
intergovernmental agreements when possible or, in the alternative, through the submission of names of other
attorneys and background information to the City Council.
The City Attorney has recommended that Council replace these processes with a system that authorizes the
City Attorney to retain special legal counsel using certain criteria established by the Council as long as the
necessary funds are appropriated and available and as long as the City Attorney notifies the City Council of
such selections, so that the City Council can, in a particular situation, make the selection itself if it so chooses.
The City Attorney has also recommended that the process for selecting special counsel be codified so that it is
institutionalized and more transparent and the City Council agrees with that recommendation.
ATTACHMENT 1
Packet Pg. 54
Attachment5.1: First Reading Agenda Item Summary, March 18, 2014 (SR 046 Special Counsel)
Agenda Item 13
Item # 13 Page 2
FINANCIAL / ECONOMIC IMPACT
Staff does not anticipate that the changes in the process would result in any significant increase or decrease in
the annual cost of special counsel.
Packet Pg. 55
Attachment5.1: First Reading Agenda Item Summary, March 18, 2014 (SR 046 Special Counsel)
- 1 -
ORDINANCE NO. 046, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING A NEW SECTION TO THE CODE OF THE CITY OF FORT COLLINS
DEALING WITH THE SELECTION OF SPECIAL LEGAL COUNSEL
FOR THE CITY AND ESTABLISHING A PROCEDURE FOR CONSIDERING
WHETHER TO CONSENT TO POTENTIAL OR ACTUAL CONFLICTS
OF INTEREST ON THE PART OF SPECIAL COUNSEL
WHEREAS, Article VI of the City Charter states that the City Council may, upon the
request of the City Attorney in special cases, employ special counsel if deemed necessary and
advisable under the circumstances; and
WHEREAS, as the volume and complexity of the City’s legal services needs have
increased, the need for special counsel has also increased; and
WHEREAS, special counsel is needed in areas of special expertise such as water law,
workers’ compensation, bond issuances and others, and also for the handling of much of the
litigation in which the City is involved; and
WHEREAS, in 1989, following a procurement process, the City Council adopted
Resolution 1989-183, which specifies the law firms that are generally to be used by the City
Attorney when outside legal services are needed in the areas of general liability, worker’s
compensation, bond issuances, and water and environment; and
WHEREAS, in addition, Resolution 1989-183 authorizes the City Attorney to select and
utilize the services of other special legal counsel if deemed necessary or advisable because of
extraordinary circumstances; and
WHEREAS, in 1992, the City Council adopted a second resolution, Resolution 1992-
190, which established a process for selecting special legal counsel in situations where the City
Attorney has to withdraw from representation of the City because of a conflict of interest; and
WHEREAS, that process calls for the use of other municipal attorneys pursuant to
intergovernmental agreements when possible or, in the alternative, through the submission of
names of other attorneys and background information to the City Council; and
WHEREAS, after reconsidering these processes, the City Council has concluded that it is
in the best interests of the City for the City Council to authorize the City Attorney to select
special counsel for the City in both of the foregoing situations as long as the necessary funds are
appropriated and available and as long as the City Attorney notifies the City Council of such
selections, so that the City Council can, in a particular situation, make the selection itself if it so
chooses; and
WHEREAS, the City Council considers this process to be preferable to those established
by Resolutions 1989-183 and 1992-190 and in the best interests of the City; and
Packet Pg. 56
Attachment5.2: Ordinance No. 046, 2014 (SR 046 Special Counsel)
- 2 -
WHEREAS, the City Attorney has recommended that the process for selecting special
counsel be codified so that it is institutionalized and more transparent and the City Council
agrees with that recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Chapter 2, Article VII, Division 3 of the City Code is hereby amended by
the addition of a new Section 2-583, which shall read in its entirety as follows:
Sec. 2-583. Selection of special counsel; consent to representation in situations
involving actual or potential conflicts of interest.
(a) If the City Attorney, in his or her discretion, determines that the legal services needs of
the City can best be met through the procurement of special legal counsel, the City Attorney is
hereby authorized and directed to procure such services, provided that the funds needed for such
procurement have been appropriated and are available for that purpose. In making such
selection, the City Attorney shall consider the following:
(1) any recommendations of the officers or employees of the City whose
duties and responsibilities may be most directly affected by such services;
(2) the qualifications, experience and areas of expertise of the law firms or
attorneys under consideration;
(3) the support services and other personnel and resources available to such
firms or attorneys;
(4) the willingness and ability of such firms or attorneys to work
collaboratively with in-house counsel and the affected officers and employees of
the City;
(5) the anticipated cost of the proposed services; and
(6) whether such services can be provided by another municipal attorney
pursuant to an intergovernmental agreement approved by the Council.
(b) Before retaining the services of a law firm or attorney not previously used by the
City within the preceding five (5) years, the City Attorney shall, no less than ten (10)
calendar days prior to retaining the services of such firm or attorney, notify the Council
and the City Manager in writing of the firm or attorney that has been selected and provide
the Council with information regarding the qualifications of such firm or person, together
with a description of the services to be provided, the anticipated cost of the proposed
services, the term of the proposed service contract, and a summary of the City Attorney’s
reasons for the selection. Such information may be provided confidentially to the
Council if the City Attorney determines that public disclosure of the information may
compromise the purpose for which special counsel is to be retained.
Packet Pg. 57
Attachment5.2: Ordinance No. 046, 2014 (SR 046 Special Counsel)
- 3 -
If, within said ten-day period, the City Manager or three (3) or more Councilmembers request
that the selection of special counsel for the purpose specified by the City Attorney be presented
to the Council for its consideration, the matter shall be placed on the agenda for the next regular
or special meeting of the Council, at which time the Council shall make the selection. If a
selection of special counsel is scheduled for Council consideration under this provision, the City
Attorney shall provide the Council, as part of the agenda materials for that agenda item, the
names of at least three (3) attorneys or firms that, in the judgment of the City Attorney, are
qualified to provide the kind of legal services to be procured, together with any additional
background information that may assist the Council in making the selection.
(c) If the City Attorney determines that exigent circumstances require the immediate
selection of special counsel, and that the delay caused by prior notification to the Council
would be detrimental to the interests of the City, the City Attorney may immediately
proceed with the procurement of such services; provided, however, that:
(1) the City Attorney shall forthwith provide notice to the Council of having
made such selection and shall provide to the Council the information described in
Subsection (b); and
(2) any contract entered into by the City with such special counsel shall be
made contingent upon Council ratification of the selection if, within ten (10)
calendar days after the delivery of such notice to the Council, the City Manager or
three (3) or more Councilmembers request that the selection be reconsidered by
the Council.
(d) In the event that special counsel retained by the City, or seeking to represent the
City, has a conflict of interest that could possibly interfere with his or her independence
or loyalty in representing the City, the City Manager may, upon the recommendation of
the City Attorney and such other officers or employees of the City as the City Manager
may deem appropriate, waive such conflict of interest if the City Manager determines that
it would be in the best interests of the City to do so; provided, however, that at least five
(5) working days prior to authorizing any such waiver, the City Manager shall notify the
Council in writing of his or her intention to consent to the representation and shall
provide the Council with a written explanation of the circumstances giving rise to the
conflict of interest, the risks and benefits to the City of waiving the conflict of interest,
and the reasons for the City Manager’s decision. Such written explanation may be
provided confidentially to the Council if the City Manager, in consultation with the City
Attorney, determines that public disclosure of the information contained therein may be
detrimental to the legal or financial interests of the City.
Packet Pg. 58
Attachment5.2: Ordinance No. 046, 2014 (SR 046 Special Counsel)
- 4 -
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 59
Attachment5.2: Ordinance No. 046, 2014 (SR 046 Special Counsel)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Renee Lee, Therapeutic Recreation Specialist
SUBJECT
First Reading of Ordinance No. 049, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund
for the Adaptive Recreation Opportunities Program Paralympic Sport Club.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated grant revenue in the recreation fund to be used for
general operating support for the Adaptive Recreation Opportunities program Paralympic Sport Club.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The United States Olympic Committee (USOC) has awarded to the Fort Collins Recreation Department,
Adaptive Recreation Opportunities program (ARO) a grant in the amount of $15,000 during the funding cycle of
October 2013-September 2014. This grant opportunity is made available through a partnership between the
USOC and the United States Department of Veterans Affairs (VA) for the U.S. Paralympics Integrated
Adaptive Sports Program, which provides integrated adaptive sports for disabled veterans and disabled
members of the Armed Forces.
ARO has operated an established Paralympic sport club since 2010 and is extremely fortunate to have the
opportunity to collaborate with the USOC to provide adaptive sport instruction and opportunities to veterans
and service members of the U.S. Armed Forces who have become physically disabled and are transitioning
back into the community.
The USOC grant subaward will allow ARO to provide competitive adaptive sport programs and opportunities
for individuals with disabilities to develop independence, confidence, and fitness through participation in
community sports, recreation, and educational programs. The grant funding will provide for qualified
instructors, coaching certification, and facility, transportation and equipment costs as related to providing
veteran-specific opportunities in two Paralympics sports: swimming and archery. Other existing ARO
Paralympics sport club offerings, including wheelchair rugby, cycling, guided running and goalball, will also
benefit through use of grant funds for equipment maintenance, replacement and coaches training.
Staff looks forward to this project and further strengthening the partnership with the USOC and VA to serve
veterans with physical and visual disabilities.
ATTACHMENTS
1. VA Grant Letter of Intent (PDF)
Packet Pg. 60
Page 1
USOC Paralympics Integrated Adaptive Sports Program
2013 Program Subaward Letter of Intent (LOI)
Targeted Grant
Organization and Grant Information
Organization Program Name/Title Grant Amount
City of Fort Collins Paralympic Sport Club
Adaptive Recreation Opportunities
Paralympic Fitness and Training Program- Swimming
and Archery
$15,000
Address:
PO Box 580, 215 N. Mason City: Fort Collins State: CO Zip Code: 80522
Contact Information
Primary Contact: Renee Lee, CTRS Primary Phone Number: 970-224-6027
Email: rlee@fcgov.com Alternate Phone Number: 970-222-9460
Program and Other Information
DUNS Number:
Must provide a DUNS number
before any payment is disbursed.
078362597
Congressional District: 4th
CCR Number:
For all grants $25,000 and over.
Required at subaward agreement.
Projected Start Date: 10/1/2013 Projected Completion Date: 9/30/2014
Target Geographic Area(s): Northern Colorado; (Fort Collins, Greeley, Loveland, Windsor), Laramie and Cheyenne, Wyoming
ATTACHMENT 1
Packet Pg. 61
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
Page 2
Program Details
1. Program Past Performance:
The ARO program has offered wheelchair sports since 1995, became a Paralympic Sport Club~ Fort Collins in 2010, with a focus on
recruitment of veterans and injured service personnel into community recreation programs. Paralympic Sports that are offered include: cycling,
goalball, wheelchair rugby, kayak, sled hockey clinics, adaptive snow ski trips. Non paralympic adaptive offerings: fitness, yoga, rock climbing
clinics, water skiing, rafting, scuba clinics, and guided running club. We’ve established contact with 21 veteran agencies; have 8 veterans
involved with more vets referred each year.
2. Program Specifics:
Injured veterans and service men and women will have the opportunity to learn adaptive techniques and receive training in the Paralympic
sports of swimming and archery. Six week sessions will be offered in the fall 2013/14, winter and spring 2014 seasons to focus on skill
development, fitness and community reintegration. Coaches training and certification of staff will increase the competency and sustainability of
theses sports for future opportunities. The participants will also be able to benefit from other ongoing Paralympic sport programs and clinics as
well including cycling, wheelchair rugby, kayaking, yoga, guided running and goalball. Currently, the Cheyenne VA operates two large
outpatient clinics in the Northern Colorado region, one being in Fort Collins. Both facilities have had expansive growth over the past several
years and an increased need for innovative patient centered care initiatives. The primary populations are veterans with Polytrauma, traumatic
brain injury, physical disability, PTSD and pain management needs. Through collaboration with the Cheyenne VA, we hope to prove positive
outcomes using sports and recreation engagement as a therapeutic treatment modality to help promote recovery. Veterans will be integrated
into community programs as a means to facilitate increased awareness of community resources and support, allow for more sustainable leisure
and recreational opportunities and to promote healthy, active lifestyles. The selected sport of archery is based on the Cheyenne VAMC
veterans expressed interests. These new sport offerings will provide more outlets for our disabled veterans and injured service men and
women to gain skills, stay active and healthy and ultimately, the opportunity to take their athleticism to the next level of competition as a U.S.
Paralympian.
3. Qualifications of Personnel
Name
Title Qualifications
Renee Lee, CTRS
Therapeutic Recreation Supervisor Therapeutic Recreation Supervisor City of Fort Collins Adaptive
Recreation Opportunities program,15 years; Director of the
Paralympic Sport Club- Fort Collins, est 2010. Awarded a NRPA
Return and Restore grant in 2011, oversaw the implementation of
grant objectives and veteran outreach initiatives.
Jenna Moriarty, CTRS
Therapeutic Recreation Coordinator ARO Therapeutic Recreation Coordinator for 7 years, oversees the
adaptive aquatics programs with experience in aquatic therapy and
adaptive swim programs. Previous work experience with veteran
rehab, attended U.S. Paralympic Swimming Train the Trainer
3/23/2013.
l
4. Partnering and Collaborating Organizations
VA/VAMC/VSO/Collaborating
Organization Name
Location [City, State]
Packet Pg. 62
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
Page 3
Cheyenne VAMC
Kristi Ruben, CTRS
Cheyenne, Wyoming
Cheyenne VA Outpatient Clinics
Fort Collins, Colorado
Packet Pg. 63
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
Page 4
By the signature of their representatives on this Program Subaward Letter of Intent (the “Letter”), the United States Olympic Committee
(“USOC”) and the Organization named above agree to the specified terms of this Letter regarding the program described herein (the
“Program”). Notwithstanding the foregoing, neither party shall be bound by this Letter in the event the parties do not execute a mutually
agreeable subaward agreement (the "Subaward") as more fully discussed herein.
Upon full execution of Subaward, the Organization will perform the services/activities hereto attached in Exhibit A, perform the Program in line
with the budget attach hereto in Exhibit B.
USOC will disburse the mutually agreed grant amount for this Program to the Organization within thirty (30) days of the later of: (i) full execution
of a Memorandum of Agreement between the Department of Veterans Affairs and the USOC awarding the USOC funds to support this
Program (the "MOA"), and (ii) receipt from the Organization of a mutually agreeable Subaward, or if later, on the schedule specified in the
Subaward. Funds will be disbursed based upon the projected quarterly spending schedule in Exhibit B.
The Organization will initiate implementation of the Program(s) specified in Exhibit A within thirty (30) days of the latter of (i) receipt of the fully
executed Subaward from the USOC, or (ii) on the schedule specified in the Subaward, and will implement the Program(s) according to such
terms.
Notwithstanding the foregoing, in the event the USOC and VA do not enter into the MOA for any reason, and/or in the event the USOC and the
Organization are unable to agree on the terms of a Subaward within 90 days after the full execution of the MOA, this Letter will automatically
terminate.
UNITED STATES OLYMPIC COMMITTEE
Name:
Mike Mushett
Title:
Director, Community/Veteran Programs
U.S. Paralympics
Date:
7/10/2013
Signature:
Organization Name: City of Fort Collins Paralympic Sport Club
Adaptive Recreation Opportunities
Name:
Renee Lee, CTRS
Title:
Therapeutic Recreation Supervisor
Date:
6/9/2013
Complete the information outlined in this form and check here when returning this document to agree with the information provided
within.
Packet Pg. 64
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
Exhibit A
Program Goal and Deliverables
Organization Name: Fort Collins Adaptive Recreation Opportunties
2013 Program Deliverable
Deliverable Subcomponents Projected Start
Projected
Completion
1
Create veteran specific opportunities in two sports; swimming and archery to be offered in six
week sessions a minimum of two times each, serving 10 unique disabled veterans.
Jan-Mar (Q2) Jul-Sep (Q4)
2
Conduct a minimum of 4 outreach opportunities or sport clinics for disabled veterans to educate
them and provide experiences in community adaptive recreation programs and create
awareness about area competitions.
Oct-Dec (Q1) Jul-Sep (Q4)
3
Certify current ARO staff in the sports of swimming and archery by an accredditing organization.
Jan-Mar (Q2) Jul-Sep (Q4)
4
Purchase adaptive swimming and archery equipment; program shirts/uniforms for disabled
veteran participation and competition.
Jan-Mar (Q2) Jul-Sep (Q4)
5
Recruit 2 unique disabled veterans into other existing adaptive recreation programs.
Apr-Jun (Q3) Jul-Sep (Q4)
6
Oct-Dec (Q1) Oct-Dec (Q1)
7
Oct-Dec (Q1) Oct-Dec (Q1)
8
Oct-Dec (Q1) Oct-Dec (Q1)
9
Oct-Dec (Q1) Oct-Dec (Q1)
10
Oct-Dec (Q1) Oct-Dec (Q1)
11
Oct-Dec (Q1) Oct-Dec (Q1)
12
Oct-Dec (Q1) Oct-Dec (Q1)
Packet Pg. 65
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
Exhibit B
Program Budget
2013 Program Budget and Projected Expenditures
Category Amount Description of Expenditures
Projected Spending in Each Quarter ($)
Oct-Dec
(Q1)
Jan-Mar
(Q2)
Apr-Jul
(Q3)
Jul-Sept
(Q4)
Personnel
$5500 Qualified instructors and coaching staff,
coaching clinics and certification.
$1000 $1400 $1375 $1725
Operations
$1000 Archery and aquatics facility costs $150 $300 $300 $250
Equipment
$
$ $ $ $
Travel
$500 Transportation costs related to outreach
presentations, programs and competition
involvement.
$100 $100 $150 $150
Supply/Other
$8000 Archery and aquatic supplies, 4 adaptive
sports clinics/ equipment maintenance and
PSC incentive items.
$2000 $2000 $2000 $2000
Administration
$
Administrative expenses cannot exceed 10% of the total
amount. Please complete table below if taking
administrative costs.
$ $ $ $
Total
$ 15000
$3250 $3800 $3825 $4125
Administration
Administrative Cost Justification
If taking administrative costs, please
provide a detailed plan for this budget
category. For example, what
administrative costs will be allocated to the
grant and what is the basis for how they
will be allocated.
Packet Pg. 66
Attachment6.1: VA Grant Letter of Intent (U.S. Paralympics Integrated Adaptive Sports Program Grant)
- 1 -
ORDINANCE NO. 049, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE RECREATION FUND FOR THE ADAPTIVE RECREATION
OPPORTUNITIES PROGRAM PARALYMPIC SPORT CLUB
WHEREAS, the Recreation Department’s Adaptive Recreation Opportunities program
(ARO) has been selected by the United States Olympic Committee (USOC) to receive a grant in
the amount of $15,000 during the funding cycle of October 2013- September 2014; and
WHEREAS, this grant opportunity is made available through a partnership between the
USOC and the United States Department of Veterans Affairs (VA) for the U.S. Paralympics
Integrated Adaptive Sports Program, which provides integrated adaptive sports for disabled
veterans and disabled members of the Armed Forces; and
WHEREAS, the grant totals $15,000, which includes funding for qualified instructors,
coaching certification and facility, transportation and equipment costs as related to providing
veteran specific opportunities in two Paralympics sports: swimming and archery; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Recreation Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant
revenue in the Recreation Fund the sum of FIFTEEN THOUSAND DOLLARS ($15,000) for the
ARO program partnership with the USOC and VA to serve veterans with physical and visual
disabilities.
Packet Pg. 67
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 68
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Susie Gordon, Senior Environmental Planner
SUBJECT
First Reading of Ordinance No. 050, 2014, Appropriating Prior Year Reserves in the General Fund for Waste
Reduction and Diversion Projects to be Approved Through the Waste Innovation Program.
EXECUTIVE SUMMARY
The purpose of this item is to shift $18,794 accumulated during 2013 in the Waste Innovation Fund account
into the City’s General Fund account for approved projects to develop new organizational processes to enable
departments to divert more waste material from landfill disposal.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Manager created a fund in 2010 to pay for projects that improve the City’s organizational ability to
divert waste generated by municipal activities from being disposed in the Larimer County landfill. Discarded
material and trash that City crews self-haul to the landfill is charged only 28 cents/cubic yard by Larimer
County Solid Waste Department, which is passed through in payment to the state for landfill regulatory
management and monitoring programs.
The balance of the regular “tipping fee” at the landfill, $5.27 per cubic yard, is placed in the City’s Waste
Innovation Program (WIP) fund. WIP revenues are received from 15 City departments that self-haul various
types of waste to the landfill in truckloads.
An interdepartmental group of employees participates in awarding funds when requests are received from
departments. Members of this group also act as “waste reduction champions” throughout the organization and
communicate with crews about how to apply these Best Management Practices in City operations
During 2013, projects were approved that allowed Water Operations staff in the Utilities to successfully screen
wet dirt excavated from water main repair projects, and for the Streets Department to purchase a power screen
for refining aggregates at the Crushing Facility (Hoffman Mill Road). Both projects quickly demonstrated field
crews’ ability to reach higher new levels of waste diversion for the City and for the community at large.
Investments made in the new equipment have also allowed the City to save money, by utilizing road base
material made at the Crushing Facility for paving projects and producing good quality fill dirt for engineering
purposes.
FINANCIAL / ECONOMIC IMPACT
The appropriation will make $18,794 available for emerging City organization waste reduction projects. Staff
proposals that have been submitted to the Waste Innovation Program will be competitively reviewed and
awarded during 2014, thereafter enabling new cost-savings measures to be practiced by field crews
throughout the organization.
Packet Pg. 69
Agenda Item 7
Item # 7 Page 2
ENVIRONMENTAL IMPACTS
WIP funds are intended to help City departments reduce their trash sent to the landfill, thereby reducing
methane emissions, extending the lifespan of the Larimer County Landfill, and recovering reusable
commodities. Putting recycled materials to use instead of producing new paving products helps the City
prevent emissions of greenhouse gases that would have been generated to produce virgin-content concrete
and asphalt.
Packet Pg. 70
- 1 -
ORDINANCE NO. 050, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR WASTE REDUCTION AND DIVERSION PROJECTS TO BE APPROVED
THROUGH THE WASTE INNOVATION PROGRAM
WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) to
offer grants that allow City departments to initiate new waste diversion and recycling projects
with special attention to departments that have larger quantities of waste that is self-hauled to the
Larimer County Landfill; and
WHEREAS, WIP Funds are held in a General Fund Reserve account until awarded; and
WHEREAS, employees on an interdepartmental team administer the WIP funds and act
as liaisons for incorporating waste reduction and promoting recycling strategies when requests
are received from participating City departments; and
WHEREAS, multiple waste reduction and diversion projects have been submitted to the
WIP team for review for funding in 2014; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in
the General Fund the sum of EIGHTEEN THOUSAND SEVEN HUNDRED NINETY FOUR
DOLLARS ($18,794) for waste reduction and diversion projects to be approved and
administered through the Waste Innovation Program.
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 71
- 2 -
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 72
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Lawrence Pollack, Budget & Performance Measurement Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 051, 2014, Appropriating Prior Year Reserves for Lapsed Expenditures
Authorized in 2013.
EXECUTIVE SUMMARY
City Council authorized expenditures in 2013 for various purposes. Not all of the authorized expenditures were
spent or could be encumbered in 2013 because:
• there was not sufficient time to complete bidding in 2013 and therefore, there was no known vendor or
binding contract as required to expend or encumber some of the monies
• the project for which the dollars were originally appropriated by Council could not be completed during
2013 and re-appropriation of those dollars is necessary for completion of the project in 2014
• to carry on programs, services, and facility improvements in 2014 with unspent dollars previously
appropriated in 2013
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2013 and reflect no change in Council policies.
Monies re-appropriated for each City fund by this Ordinance are as follows:
General Fund $ 898,805
Data & Communications Fund $ 300,000
Keep Fort Collins Great Fund $ 440,912
Light & Power Fund $ 230,183
Transportation Fund $ 96,000
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
GENERAL FUND
Communications and Public Involvement Office
1. Fort Collins Public Access Network (FC PAN) - $52,185
In 2014, the Fort Collins Public Access Network (FC PAN) will relocate its production office and studio space to
the Carnegie Building. Funds are needed to complete this move and provide necessary equipment for the new
Packet Pg. 73
Agenda Item 8
Item # 8 Page 2
community studio. Through an agreement with Comcast, subscribers pay a monthly Public, Education and
Government (PEG) fee that partially funds equipment needs for the City, Poudre School District, Colorado
State University and FC PAN. In anticipation of the move to a new facility, for the past few years FC PAN has
been saving a portion of their $15,000 annual allocation in reserves. The funds were appropriated in 2013 and
now that the move is imminent, the funds need to be re-appropriated so FCPAN can complete this project in
full. PEG funds are restricted by the Federal Government and can only be used for capital equipment and
infrastructure by the PEG entities.
2. Comcast Negotiations - $52,000
These funds are for continued cable franchise consultation and legal fees during negotiations between the City
and Comcast. The current cable franchise expires in March of 2015. The City will enter into negotiations in
the summer of 2014 with the expectation to have a new cable franchise in place before the current one
expires. This work is ongoing through those negotiations. The current funds were not fully expended because
of the multi-year nature of this commitment.
Economic Health
3. Foothills Metropolitan District - $13,750
Any entity wishing to form a Metropolitan District in the City of Fort Collins must submit a $13,750 deposit at
the time City Council considers the associated service plan. This deposit is intended to offset the legal costs
incurred by the City during the formation process. Alberta Development submitted these funds, per the 2008
adopted policy regarding Metro District formation, in 2012. The funds are related to the formation of a
Metropolitan District at the Foothills Mall redevelopment. The initial service plan was a skeleton only, additional
costs are anticipated, hence the carry-over. No payments were required in 2013. Funding is requested to
carry forward for any payments due in 2014. These funds will be carried until after bonds are issued by the
metro district, which is planned to occur in 2014.
Environmental Services
4. Air Quality Programs - $17,215
The re-appropriated funds will be used to provide continued support of the clean air programs including:
increase outreach and education on woodstoves and backyard burning; increase the reach of lawnmower
rebate program and expand to other types of lawn equipment; provide funding for an hourly program assistant
or intern; and, purchase safety equipment and air monitoring equipment. The funds were not fully expended
as anticipated because the staff leading the program was not able to dedicate the expected amount of time to
developing the air quality programs as originally planned. 60% of the person’s time was dedicated to an
unanticipated project (oil and gas team support) and revamping the green building program.
5. Healthy Sustainable Homes - $4,776
These funds will be used to increase the time of the half-time hourly employee who assists with Healthy
Sustainable Homes Administration. This individual is critical to our outreach to the low income population,
serving a crucial role in Spanish translation and volunteer scheduling. These funds were in the Sustainable
Homes 2013 budget intended to produce a marketing campaign for the Healthy Sustainable Homes program.
It was determined after a strategic planning session that we should not produce a full campaign until the
program has been adequately staffed to handle the potential response to the campaign.
6. Air Quality Zero Interest Loans - $37,000
These funds are used to support zero interest loans for Fort Collins residents to make home improvements
that will improve indoor air quality, specifically for radon mitigation, mold mitigation, and woodstove and
fireplace upgrades. We would like to use the re-appropriated funds to explore options for expanding the loan
program to other indoor air quality issues and for conducting more robust outreach and advertising for the loan
program. Administrative changes in the loan program prevented us from processing and originating loans for
part of the year. These administrative changes were required to respond to changes in state regulations of
mortgage loan originators.
Packet Pg. 74
Agenda Item 8
Item # 8 Page 3
7. Green Building Program - $6,260
The re-appropriated funds will be used to support the continued development of the Green Building Program
and the Green Built Environment Team including: consulting services for website visioning and design;
consulting services for an in-depth review of land use and municipal codes for barriers to green building; and a
program intern (hourly employee). The allocated funds were not fully expended in 2013 because qualified
contractor services were not procured until July and a skilled intern was not hired until August. The project
incurred some delays when the hired consultant went through a staff transition.
Municipal Court
8. Court-Appointed Defense Counsel - $6,000
In June of 2013, the Municipal Judge ordered a court-appointed attorney be assigned to represent a defendant
on several complex cases. The fee paid for such representation is calculated at the rate of $65/hour up to a
maximum of $1,000 if the case does not go to trial or $2,000 if the case goes to trial. Three of these cases
have been scheduled for jury trials. One trial was completed in 2013 and the other 2 were postponed. If all
requested funds are not spent on these cases, they will be used to cover additional court-appointed defense
counsel expenses in 2014. Such expenses will exceed the budgeted amount due to a change in the state law
which has resulted in an increase in such appointments. Due to the complexity of and circumstances related
to the defense cases involved with this appointment and the fact that dispositions have not been reached in all
of the cases, the defense attorney has not yet presented the Court with a bill. We have requested that he bill
us for services provided to this point and anticipate receiving this bill in the near future.
Natural Areas
9. Northern Integrated Supply Project (NISP) - $76,805
Funds will be used to support analysis of the Supplemental Draft Environmental Impact Statement for the
Northern Integrated Supply Project. The Supplemental Draft Environmental Impact Statement for the Northern
Integrated Supply Project was delayed by the Army Corps of Engineers and publication is now expected
sometime in the fall of 2014.
Parks
10. Median Renovation - $245,393
Median renovation funds are one-time funding for major renovations of medians beyond the amount the Parks
Division receives on an ongoing basis for small median renovations. Meetings with a stakeholder’s team
consisting of various City departments took place in the spring and summer of 2013. There was much
discussion on which medians to renovate and also what design standards should be used. In the fall 2013,
medians for renovation were selected. A landscape design firm was hired in late 2013 and is working on the
final designs after several design discussions with City staff. Weather permitting, renovations will begin in the
spring of 2014, and when plant materials become available.
11. Lifecycle Funding - $44,865
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians. All
of the budgeted funds were not spent in 2013 due to the transition to a new Parks Project Manager. Other staff
was not available or did not have the expertise to complete these projects during the absence of the Parks
Project Manager.
Social Sustainability
12. Human Services Program - $6,398
The fiscal year for the Grants Program is October 1, 2013 to September 30 2014. Sub-recipients (grantees)
can begin spending their funds in October for reimbursement. All funds must be spent by September
(reimbursed by November) of the following year. All funds are allocated except for operations money. Unspent
funds are pending contracts but are committed.
Packet Pg. 75
Agenda Item 8
Item # 8 Page 4
13. Affordable Housing - $336,158
The Affordable Housing funds are allocated during the fall cycle of the Competitive Process. Approval by City
Council takes place in mid-to-late November. Often contracts are not completed before the end of the year so
therefore cannot be encumbered. Homebuyer Assistance (HBA) program funds cannot be encumbered
because this is a City program. Funds are allocated as needed to first time homebuyers.
DATA & COMMUNICATIONS FUND
Information Technology
14. VoIP Design and Implementation Support (including .5 contractual) - $300,000
Voice over Internet Protocol (VoIP) is a technology that allows telephone calls to be made over computer
networks like the Internet. These funds will be used for contract and network maintenance support to complete
VoIP transition. This re-appropriation includes funding for one contractual FTE for six months. (This position
will be requested through the City’s usual process and the funds will be frozen until the position is approved.)
The remaining contract support will be through outsourcing vendors. Construction and/or customer specific
delays impacted the ability to implement VoIP at the following sites: Senior Center, all Poudre Fire Authority
stations, Utilities Electric Substations, Fossil Creek, Southridge Golf Course, Gardens at Spring Creek, and
Restorative Justice. These sites will be completed by mid-year 2014.
KEEP FORT COLLINS GREAT FUND
Community Development & Neighborhood Services
15. Design Assistance Program - $4,968
The Design Assistance Program (DAP) was recently established by Council to address compatibility issues in
the Eastside and Westside Neighborhoods. By incentivizing the use of pre-qualified professionals with
success in context-sensitive historic design, the DAP helps to enhance the compatibility of design, size and
massing for new construction within the historic core neighborhoods, and lessen neighborhood concerns. The
program became fully operational in mid-2012, and demand for funds has increased steadily. Requests were
insufficient to fully utilize the amount budgeted in 2013 ($40,000). However, with the steady increase in
requests received, this amount would supplement the 2014 budget available and provide additional assistance
for these efforts.
16. Historic Preservation Grants - $36,110
This budget will be used to provide the required matching funds for State Historic Fund and Certified Local
Government Grants. Because of the nine to ten month time lag between grant application, when the matching
funds are promised, and grant award and contracting with the State, when the funds are encumbered, the
budget allocated in one year will usually need to be re-appropriated for expenditure in the following year.
Grants have been awarded, but funds not yet encumbered, for $9,900 for development of a context of the
Westside Neighborhood’s Loomis Addition; and $1,500 for Landmark Preservation Commission members to
attend the bi-annual National Alliance for Preservation Commissioners conference. Remaining re-appropriated
funds and the 2014 budget will be used as follows: $23,000 towards a survey of the Westside Neighborhood’s
Loomis Addition; $5,000 for the historic Carnegie Library/former Museum at 200 Mathews Street; $10,000
towards rehabilitation of the 16-unit housing project at 1544 West Oak Street; with the remainder supporting
grants for Council-directed additional property survey.
17. Historic Preservation Professional Property Survey - $3,428
These funds are used for professional historic surveys, to identify properties for long range planning projects;
when required for City-owned historic properties; or to provide an independent assessment when the
Landmark Preservation Commission or City staff is involved in the appeal of a decision. A portion of the 2013
budget allocated for independent professional property services was expended on the survey of five Old Town
Historic National Register District properties, located near the potential downtown hotel site. The remaining
$3,428 requested will be spent on the survey and documentation of additional historic properties which will
potentially be affected by this development.
Packet Pg. 76
Agenda Item 8
Item # 8 Page 5
18. Landmark Rehabilitation Program - $17,902
These funds will be used for owners who have been given landmark rehabilitation loan awards but have not
yet completed their work, as well as to fund additional loan awards. Recipients of Landmark Rehabilitation
Loans have two years in which to complete the work and request reimbursement. These loans, which require
a minimum of an equal match of owner funds, have generated over $3 million dollars in rehabilitation work
since 1995. In 2013, 11 grants were awarded; four additional loans have been awarded so far in 2014.
19. Lincoln Corridor - $6,344
The Lincoln Corridor project is nearing completion. Throughout 2013, extensive public outreach and visioning
processes were employed to develop a community supported vision and preliminary design. The resulting
strategic plan will include an assessment and analysis of existing information including land use,
transportation, urban design, open lands and provide recommendations on potential improvements in the area.
The recommendations from the plan will help strengthen and revitalize a variety of unique commercial,
industrial and residential properties. The project advances a plan for Lincoln Avenue and the surrounding
neighborhoods as a crucial link between downtown Fort Collins and the East Mulberry Corridor, allowing it to
serve as a catalyst for economic development and growth in the area. These remaining funds are needed to
cover expenses required to complete this work.
20. Oil and Gas - $21,801
Staff spent the majority of 2013 developing policy on this issue, securing an operator agreement, and
navigating a community election and related legal activities. A moratorium is now in place for all hydraulic
fracturing within the City of Fort Collins and will remain in place for up to five years. This moratorium stops the
current operator from using hydraulic fracturing to enhance existing wells or to drill new ones. Staff continues
to work with legal staff on how best to comply with the ballot measure that was passed by voters. In the
interim, air quality monitoring services are underway. Equipment has been purchased and contractor services
are underway. Remaining funds will be used for groundwater quality work.
21. West Central Neighborhood Plan - $135,500
This project was put on hold in 2013 due to possible fatigue of the Community due to efforts related to the
Student Housing Action Plan (SHAP) and the Eastside/Westside Character Study, as well as to allow
additional time for collaboration with Colorado State University on the new stadium proposal and other efforts.
The scope of this plan update has now been revised and it has been renamed the West Central Area
(Neighborhoods) Plan. It includes a significant transportation component in addition to the traditional sub-area
plan components. A project team has been formed and the scope for a Request for Proposal is approaching
the final draft stage. The project team is working on task analysis preparing staff resources. The public
outreach program and triple bottom line analysis continue to be a work in progress. Staff requests re-
appropriation of this funding to complete the project.
Economic Health
22. Gig U Project - $20,000
This is intended to fund the exploration and evaluation of providing enhanced broadband capacity in the City of
Fort Collins. The Gig U project scope underwent significant revisions in 2013. These revisions included
evaluating the possibility of having the City of Fort Collins Utilities become a broadband provider. As a result,
the project did not begin until 2014. Thus, the unexpended funds from last year are required to support the
project in 2014.
Environmental Services
23. Road to Zero Waste - $24,283
A portion of the 2013 Road to Zero Waste funding was planned to support construction and demolition (C&D)
debris recycling. This funding will be used to cover a portion of the costs of the Integrated Recycling Facility
which will offer recycling of several C&D materials when it opens. In 2013, opportunities to support local
builders in complying with 2012 Green Building Code requirements for on-site recycling were explored, but
direct avenues for spending the funding were not readily available.
Packet Pg. 77
Agenda Item 8
Item # 8 Page 6
24. Climate Adaptation - $2,799
These funds will be used to support further adaptation planning efforts for City staff. This will be in the form of
supporting registration and travel fees for staff to participate in a peer learning workshop this spring with the
Western Adaptation Alliance. This Alliance provides opportunities for 13 regional intermountain west
communities to come together and learn adaptation best management practices, increase the productivity of
dialogue across departments and network with other regional partners. The 2013 budget included funding for
two of these workshops for staff, but only one was offered. These funds will provide the peer learning
workshop opportunity for staff in 2014.
25. Sustainability Innovation Fund - $5,589
The 2013 Innovation Fund was awarded competitively to nine employee-proposed projects that advance the
City’s sustainability goals. Some of the nine project managers were unable to complete their projects within
2013 for various reasons. The re-appropriated funds comprise about 6% of the Innovation Fund and will
complete projects that were unfinished at year’s end.
26. Environmental Web Portal - $25,000
In July 2013, a new environmental web portal launched, offering one-stop-shop information about the City’s
environmental resources and services (see fcgov.com/enviro). Part of the unspent funding is requested to be
rolled over to revise the site following usability testing, then to increase outreach for the site, and to develop
and implement an environmental sustainability engagement campaign in 2014. The planned usability testing
and subsequent site modification was not conducted in 2013 because the opportunity to substantially modify
the site is restricted until after the fcgov.com overhaul is completed. This was originally anticipated for 2013
and now is anticipated for 2014. In addition, the Purchasing Department was able to modify their web page
and develop a tracking mechanism for sustainable purchasing using existing resources.
Natural Areas
27. Instream Flows and Ecosystem Response Model - $90,053
The purpose of the instream flow project ($20,000) is to conduct engineering, legal, and administrative
research as well as to implement actions to help create instream flows on the Poudre River. In 2013, instream
flow efforts were delayed because the City’s water engineering firm was not able to begin its work until late in
the year (in part due to other pressing City priorities).
The Poudre River Ecosystem Response Model ($70,053) is to develop a scientific model to help the
community understand the ecology of the Poudre River and to evaluate the impacts that may result from
changes in the river ecosystem. These funds will be used to complete each of these projects.
Parks
28. Lifecycle Funding - $47,135
Lifecycle funds are used for replacement of park infrastructure, and renovating and re-mulching medians. All
of the budgeted funds were not spent in 2013 due to the transition to a new Parks Project Manager. Other staff
was not available or did not have the expertise to complete these projects during the absence of the Parks
Project Manager.
LIGHT & POWER FUND
29. Solar Garden - $230,183
The Solar Garden was budgeted for $250,000 in both 2013 and 2014. Development of the project, vendor
selection and contract negotiations were not completed in 2013. The project which is for the customer rebate
portion of a solar garden is on track for completion in 2014.
Packet Pg. 78
Agenda Item 8
Item # 8 Page 7
TRANSPORTATION FUND
Parking
30. Civic Center Garage Major Maintenance - $96,000
These funds were identified for major maintenance projects in the Civic Center Parking Garage. Due to
unexpected damage that occurred in the garage early in 2013, projects were on hold until an engineering
consultant completed a condition assessment and structural analysis. The condition assessment was
completed in the fall 2013, the structural analysis in January 2014, and the necessary work has now been
identified and prioritized. These funds are needed to complete the projects identified by the consultant.
FINANCIAL / ECONOMIC IMPACT
This Ordinance increases 2014 appropriations by $1,965,900. A total of $898,805 is requested for re-
appropriation in the General Fund and $1,067,095 is requested from various other City funds. Re-
appropriation requests represent amounts budgeted in 2013 that could not be encumbered at year-end. The
appropriations are from 2013 prior year reserves.
Packet Pg. 79
- 1 -
ORDINANCE NO. 051, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR LAPSED EXPENDITURES
AUTHORIZED IN 2013
WHEREAS, City Council authorized expenditures in 2013 for various purposes in the
General Fund, Data & Communications Fund, Keep Fort Collins Great Fund, Light & Power
Fund, and Transportation Fund, a portion of which were not spent or encumbered in 2013; and
WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2013 for which
appropriated funds were not encumbered during 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of EIGHT HUNDRED NINETY-EIGHT THOUSAND EIGHT
HUNDRED FIVE DOLLARS ($898,805) for the following purposes:
Fort Collins Public Access Network $ 52,185
Comcast Negotiations 52,000
Foothills Metropolitan District 13,750
Air Quality Programs 17,215
Healthy Sustainable Homes 4,776
Air Quality Zero Interest Loans 37,000
Green Building Program 6,260
Court-Appointed Defense Council 6,000
Northern Integrated Supply Project 76,805
Median Renovation 245,393
Lifecycle Funding - Parks 44,865
Human Service Program 6,398
Affordable Housing 336,158
Total General Fund $898,805
Packet Pg. 80
- 2 -
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Data and Communications Fund the sum of THREE HUNDRED THOUSAND
DOLLARS ($300,000) for VoIP Design and Implementation Support.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of FOUR HUNDRED FORTY THOUSAND
NINE HUNDRED TWELVE DOLLARS ($440,912) for the following purposes:
Design Assistance Program $ 4,968
Historic Preservation Grants 36,110
Historic Preservation Professional Property Survey 3,428
Landmark Rehabilitation Program 17,902
Lincoln Corridor 6,344
Oil and Gas 21,801
West Central Neighborhood Plan 135,500
Gig U Project 20,000
Road to Zero Waste 24,283
Climate Adaptation 2,799
Sustainability Innovation Fund 5,589
Environmental Web Portal 25,000
Instream Flows and Ecosystem Response Model 90,053
Lifecycle Funding - Parks 47,135
Total Keep Fort Collins Great Fund $440,912
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Light and Power Fund the sum of TWO HUNDRED THIRTY THOUSAND ONE
HUNDRED EIGHTY-THREE DOLLARS ($230,183) to be used to complete Solar Garden
project.
Section 5. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of NINETY-SIX THOUSAND DOLLARS ($96,000) to be
used for the Civic Center Garage Major Maintenance projects.
Packet Pg. 81
- 3 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 82
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174,
Page 543 of the Larimer County Records.
EXECUTIVE SUMMARY
The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or desirable to
retain for public street purposes. This location will be the future site of the Scott Plaza development project,
which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1962, a 25-foot wide strip of land south of Plum Street between Shields Street and City Park Avenue was
dedicated to the City (Book 1174, Page 543), by the adjacent property owner (1201 Plum Street) at no
expense to the City, for street right-of-way purposes. The owner of the properties at 813 Scott Avenue, 1201
West Plum Street and 1205 West Plum Street has requested that the City vacate this 25 foot by 335 foot strip
of land that is adjacent to the properties. The applicant has requested this vacation because they wish to
redevelop their property that is adjacent to Scott Avenue. Scott Avenue is not paved and only provides access
to the existing residential units at 813 Scott Avenue and 1201 Plum Street. The existing residential units on
813 Scott Avenue and 1201 Plum Street will be removed as part of the Scott Plaza development proposal.
With the vacation of right-of-way, easements for access, emergency access, drainage and utilities would be
retained, preserving rights to utilize the vacated portion for these purposes.
The Campus West Planning Study Report (December 2001) identifies that a pedestrian or vehicular
connection should be provided at this location that, in the future, should extend to Elizabeth Street. Through
the development review process it has been determined that a pedestrian connection will provide the desired
connectivity that is outlined in the study and will be accommodated by the Scott Plaza development plan and
retention of the area as an access easement. At such time that the property to the south redevelops (1220
West Elizabeth Street) the pedestrian connection that is being provided with the Scott Plaza project will be
continued south to Elizabeth Street.
A memorandum requesting input about the vacation of Scott Avenue was sent to the utility providers,
potentially impacted City departments and adjacent property owners. The neighboring property owner at 1113
West Plum Street has expressed opposition to the Scott Avenue right-of-way vacation request. The original
right-of-way dedication documents from 1962 have been reviewed and the City believes that the land will
return to the property owner that is requesting the vacation.
Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application
and review process prior to submission to the City Council for formal consideration. The process includes
review by potentially affected utility agencies, City staff, emergency service providers, and affected property
Packet Pg. 83
Agenda Item 9
Item # 9 Page 2
owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in
conjunction with review of the Scott Plaza Project Development Plan, and based on comments received; the
Planning Development and Transportation Director recommends that the vacation be approved.
FINANCIAL / ECONOMIC IMPACT
There are no financial impacts to the vacation of this portion right-of-way.
ENVIRONMENTAL IMPACTS
There are no environmental impacts to the vacation of this portion of right of way.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City departments and
adjacent property owners and feedback was received.
ATTACHMENTS
1. Location map (PDF)
Packet Pg. 84
ATTACHMENT 1
Packet Pg. 85
Attachment9.1: Location map (Scott Avenue Right-Of-Way Vacation)
- 1 -
ORDINANCE NO. 052, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING SCOTT AVENUE RIGHT-OF-WAY AS DEDICATED
AT BOOK 1174, PAGE 543 OF THE LARIMER COUNTY RECORDS
WHEREAS, by deed recorded in Book 1174, at Page 543 of the Larimer County
Colorado Records, a right-of-way was dedicated to the public for Scott Avenue; and
WHEREAS, Scott Plaza, LLC has requested that the City vacate this public right-of-way;
and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, City agencies and private utility companies have been contacted and have
reported no objection to the proposed vacation, provided that an access easement, utility
easement, and emergency access easement be reserved unto the City; and
WHEREAS, the right of the residents of the City will not be prejudiced or injured by the
vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Scott Avenue street right-of-way, more particularly described on
Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated
and abolished; provided, however, that:
1) this vacation shall not take effect until this Ordinance is recorded by the City
Clerk with the Larimer County Clerk and Recorder; and
2) this Ordinance shall be recorded by the City Clerk concurrently with the recording
of the subdivision plat for the development known as “Scott Plaza”; and
3) if this Ordinance is not so recorded by January 9, 2017, then this Ordinance shall
become null and void and of no force and effect.
Packet Pg. 86
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 87
Packet Pg. 88
Attachment1: Exhibit A (Scott Avenue Right-Of-Way Vacation ORD)
Packet Pg. 89
Attachment1: Exhibit A (Scott Avenue Right-Of-Way Vacation ORD)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on
the Dechairo Subdivision Plat.
EXECUTIVE SUMMARY
The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer necessary or
desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is
requesting the vacation. This location is the future site of the Scott Plaza development project, which was
approved at the Planning and Zoning Board Public Hearing on January 9, 2014.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2007 additional right-of-way was dedicated to the City along Plum Street on the Dechairo Subdivision plat.
With the Scott Plaza development plan, the applicant has proposed a mixed use development project at this
location and it has been determined that the additional right-of-way is no longer needed for public street
purposes.
The applicant has ownership of the adjacent land. All public and private utilities were notified of the proposed
vacation and they report no objections to the vacation request.
FINANCIAL / ECONOMIC IMPACT
There are no financial impacts to the vacation of this portion of right of way.
ENVIRONMENTAL IMPACTS
There are no environmental impacts to the vacation of this portion of right of way.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers and potentially impacted City departments.
The adjacent property owner and the person requesting the vacation are one in the same and thus no letters
were sent to adjacent property owners.
ATTACHMENTS
1. Location map (PDF)
Packet Pg. 90
ATTACHMENT 1
Packet Pg. 91
Attachment10.1: Location map (Plum Street Right-Of-Way Vacation)
- 1 -
ORDINANCE NO. 053, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF PLUM STREET RIGHT-OF-WAY AS DEDICATED
ON THE DECHAIRO SUBDIVISION PLAT
WHEREAS, the plat of Dechairo Subdivision included the dedication to the public of
right-of-way for Plum Street; and
WHEREAS, Scott Plaza, LLC has requested that the City vacate a portion of this right-
of-way; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent land owners, City agencies, and private utility companies have
been contacted and have reported no objection to the proposed vacation; and
WHEREAS, the right of the residents of the City will not be prejudiced or injured by the
vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portion of Plum Street right-of-way more particularly described on
Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated
and abolished; provided, however, that:
1) this vacation shall not take effect until this Ordinance is recorded by the City
Clerk with the Larimer County Clerk and Recorder; and
2) this Ordinance shall be recorded by the City Clerk concurrently with the recording
of the subdivision plat for the development known as “Scott Plaza”; and
3) if this Ordinance is not so recorded by January 9, 2017, then this Ordinance shall
become null and void and of no force and effect.
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 92
- 2 -
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 93
Packet Pg. 94
Attachment1: Exhibit A (Plum Street Right-Of-Way Vacation ORD)
Packet Pg. 95
Attachment1: Exhibit A (Plum Street Right-Of-Way Vacation ORD)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Lucinda Smith, Environmental Sustainability Director
Bruce Hendee, Chief Sustainability Officer
Steven Catanach, Light & Power Operations Manager
SUBJECT
Resolution 2014-028 Directing the City Manager to Convene an Ad Hoc Advisory Committee to Develop a
Climate Action Plan for Achieving a Community-wide Greenhouse Gas Emissions Reduction Goal of 80% with
Respect to 2005 Levels by 2030.
EXECUTIVE SUMMARY
The purpose of this item is to seek City Council clarification that the upcoming Climate Action Plan update
should strive for the goal to reduce community-wide greenhouse gas emissions 80% with respect to 2005
levels by 2030; that it should describe steps the community could take to meet that goal, and further describe
steps the community could take to achieve carbon neutrality by 2050; and to authorize the City Manager to
appoint an ad hoc advisory committee to oversee development of the plan.
In 2008, City Council adopted goals to reduce community greenhouse gas emissions 20% below 2005 by
2020, and 80% by 2050. Economic opportunities and technological advancements have emerged since 2008
that present new opportunities for Fort Collins reduce emissions more rapidly while increasing reinvestment
back into the community, reducing environmental impacts, and ultimately saving money for the community.
Recent input suggests community interest in more aggressive goals and supporting information about benefits
and costs. This action sets the stage for the 2014 climate action planning process by clarifying end point goals
for 2030 and 2050, and defining a role for an ad hoc advisory committee, with the goal to bring a draft plan
back for City Council consideration by the end of 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Fort Collins has a long and thoughtful history of community planning, including taking steps to reduce our
carbon footprint and implementing actions to improve our resiliency against a changing climate. Community
support for reducing greenhouse gas goals has been significant since the Climate Action Plan (CAP) was first
adopted in 1999 and then updated in 2008. In 2012, the community reduced greenhouse gas emissions while
population rose and a key measure of economic growth - sales and use tax revenue - increased.
The Climate Action Plan and corresponding Energy Policy continue to support several community values and
strategic outcomes including Economic Health, Community Livability, Environmental Health, Safe Community,
and Transportation. The Energy Policy sets a solid foundation for successful, nationally recognized energy
efficiency programs and increased renewables. The ClimateWise voluntary business assistance program, born
out of the original Climate Action Plan, now assists over 300 local businesses in reducing emissions while
saving money. Energy Policy programs provided $20M annual benefits in 2012 and ClimateWise partners
Packet Pg. 96
Agenda Item 11
Item # 11 Page 2
saved $14 million in 2012 alone, and over $73 million since the program began in 2000.
Important community activities such as the Mason MAX corridor, economic clusters (clean energy, water, and
local food), and the new Road to Zero Waste Plan serve many community priorities while also reducing
greenhouse gas emissions. Air quality benefits also accrue from actions that reduce fossil fuel emissions and
resource consumption.
Need to Update Climate Action Plan
There are several reasons why Fort Collins should update its Climate Action Plan, including the opportunity to
capitalize on new technological and economic opportunities that have emerged since 2008, and the increasing
urgency to reduce our carbon footprint and become more resilient in the face of climate disruption. Fort
Collins has an opportunity to sustain and advance its leadership position by developing and implementing an
updated CAP that leverages existing achievements and opportunities. In doing so, Fort Collins could embark
on a transformative path of reinvestment in community-based energy systems, put itself at the national
forefront of innovation, stimulate local economic health, reduce outflows of money from the community,
improve security, and reduce risk.
On February 11, 2014, the City Council held a work session to discuss alternative community greenhouse gas
goals. There was strong support for the upcoming climate action planning to work towards a steeper rate of
greenhouse gas reduction, with a special emphasis on accomplishing reduction now and in the near-term,
through upcoming budget cycles. The importance of partnerships was emphasized, especially with Platte
River Power Authority and its owner cities, as well as with university and academic institutions, and the private
sector. Attachment 3 summarizes that discussion.
Overall, two primary themes have emerged from recent public outreach on community greenhouse gas goals.
There is interest in more aggressive community GHG goals, and there is interest in seeing more details about
the anticipated benefits and costs of meeting these goals. The upcoming Climate Action Plan process is
intended to address both of these themes by developing a draft plan to meet more aggressive goals and
assessing the associated costs and benefits, and gathering public input throughout this process.
CAP Update Planning Goals
The proposed resolution requests that the Climate Action Plan be updated to describe steps the community
could take to accelerate our goal to achieve community-wide greenhouse gas emissions reduction of 80%
below 2005 levels by 2030. That end point represents the result of an analysis prepared by the Rocky
Mountain Institute to evaluate how fast Fort Collins could achieve an 80% reduction below 2005. Their report
(<http://www.rmi.org/PDF_fort_collins_energy_climate_goals>) investigates opportunities in three sectors:
buildings, electricity supply, and transportation. The report draws on best practices, technology trends, and
plausibly achievable goals for customer adoption. The analysis is based on existing technologies and proven
adoption rates, but assumes maximum proven adoption rates in all sectors, sustained over time.
The report suggests that Fort Collins can achieve 80% reduction below 2005 by 2030 while:
Reducing building energy use 31% through efficiency,
Achieving carbon neutral electricity by 2030,
Reducing transportation emissions by 48%,
Achieving $165 million net present value savings by 2030, and
Achieving $1.8 billion net present value savings by 2050.
The RMI report provides a good starting point for an update to the Climate Action Plan.
Additionally, community stakeholders have expressed interest in seeing Fort Collins aspire to a vision of
becoming carbon neutral. (See Attachment 1 describing Council advisory board recommendations.) The 2009
Fort Collins Energy Policy also describes a 2050 vision for becoming carbon neutral:
Packet Pg. 97
Agenda Item 11
Item # 11 Page 3
To ensure for the Fort Collins community a highly reliable, competitive, carbon neutral
electricity supply, managed in a sustainable, innovative, responsible and efficient manner.
To that end, the CAP update will include a list of steps the community could take to achieve carbon neutrality
(a 100% reduction in greenhouse gas emissions) by 2050. The list of additional strategies to get from 2030 to
2050 will not undergo a comprehensive quantitative analysis but will identity opportunities that the community
should be planning for to achieve carbon neutrality.
Community Involvement in CAP Update
Community support will be essential to achieve future community greenhouse gas goals. Staff proposes to
convene an ad hoc advisory committee of stakeholders, including residents and business entities, to
participate in the 2014 Climate Action Plan update to:
Ensure various perspectives are heard and that the draft CAP reflects the desires of the community,
Tap into the expertise and innovation in the community, and
Build critical partnerships and support for CAP implementation, including recommendations for on-
going public engagement to implement the plan.
An Advisory Committee of key stakeholders will be convened to provide input to the update of the Climate
Action Plan. Participants will be sought from the sectors listed below.
Citizen Sector (Council advisory board representatives)
Will seek representatives from among Air Quality Advisory Board, Economic Advisory Commission,
Energy Board, Natural Resources Advisory Board, Parking Board, and Transportation Board.
Business, Environmental, and Social Sectors
Will include representatives to be drawn from groups such as ClimateWise Steering Committee,
Chamber of Commerce, Fort Collins Sustainability Group, Board of Realtors, Energy and/or Water
Cluster representatives, Home Builders of Northern Colorado, Northern Colorado Renewable Energy
Society, Communities for Sustainable Energy, Sierra Club, faith-based communities, Community
Foundation, Poudre Valley Health Systems, Vida Sana, etc.
Major Stakeholders
Will include at least one representative each from Colorado State University, Poudre School District,
and Larimer County.
Subject Matter/Technical Experts
Will include subject matter experts to represent the issues of climate change science, water resources,
public health, and utility providers (including a representative from PRPA). Technical experts may be
formed into a separate sub-committee.
An engagement and implementation committee may also be developed to focus on public engagement
strategies to implement the plan, with special emphasis placed on key stakeholders and potential funders,
reaching students and faith-based communities, and leveraging the work of non-profits.
Additional public outreach to develop and vet the plan will include forums, presentations to Boards and
community groups, and a Web site to provide information and obtain comments.
CAP Update Technical Assistance
Consulting expertise has been retained to support technical work associated with the plan update. Analyses
will include:
An updated greenhouse gas emissions forecast;
Packet Pg. 98
Agenda Item 11
Item # 11 Page 4
Best practice research, including new areas such as net zero cities, food, etc.;
Development of potential emission reduction strategies and generation of various scenarios for the
emissions trajectory through 2030, which may include sector specific and interim targets;
Evaluation of first-cost, ongoing costs/savings, return on investment, and other appropriate metrics;
and where possible, other leading-edge benefit calculation methodologies;
Analysis of who pays and who saves, cost impact scenarios, and financial model scenarios;
Integration with climate adaption strategies; and
Triple bottom line analysis of strategies to aid in strategy prioritization and mitigation of negative
impacts.
Next Steps
The CAP update will occur during 2014 in close coordination with Platte River Power Authority's resource
planning process. Additionally, sector specific strategies and targets within the CAP will align with and be
informed by other initiatives being coordinated within Fort Collins, such as the Energy Policy and Road to Zero
Waste.
Following public outreach and adherence to a relatively aggressive schedule, a draft CAP will be prepared for
Council consideration by the end of 2014. The draft CAP will be created in an accessible, visually pleasing
format that is graphics-rich and text- light.
The proposed schedule is below.
April Form Ad Hoc Advisory Committee
Apr- June Public forum/input
Apr- June Discuss sector specific targets and begin strategy investigation
July - Aug Various scenarios (groups of strategies) for meeting goals and targets developed
August- Sep. Cost-benefit analyses and financial models developed for scenarios
Sept - Oct Public Forum / possible Council work session
Oct - Nov Draft plan developed and public/board comments sought
Nov - Dec Council review and consideration of draft CAP.
FINANCIAL / ECONOMIC IMPACTS
$60,000 in funding to support the Climate Action Plan update has been identified through the 2014 Mid-Couse
budget cycle. This funding will be used for consultant assistance on best practice research, evaluation of
strategies and scenarios needed to meet the goal, cost:benefit analyses of strategies, and creation of the draft
plan.
Attachment 2 provides a preliminary “Sustainability Assessment” of accelerating community greenhouse gas
reduction, including broad potential economic impacts.
ENVIRONMENTAL IMPACTS
The environmental impacts associated with the CAP update process itself (driving, materials use, etc.) will be
minimized to the extent reasonable through the use of green meeting practices, capitalizing on electronic
information, reducing paper use, etc.
Attachment 2 provides a preliminary “Sustainability Assessment’ of accelerating community greenhouse gas
reduction, including broad potential environmental impacts.
Packet Pg. 99
Agenda Item 11
Item # 11 Page 5
BOARD / COMMISSION RECOMMENDATION
City staff visited 5 boards at least twice in late 2013 and early 2014 to introduce the topic and then seek
feedback on potential future greenhouse gas goals. Relevant Board memos are presented in Attachment 1
and summarized below.
Energy Board (2/7/13) - recommendation to review community GHG goals and supporting plans, with
the intent of moving towards more aggressive goals
Natural Resources Advisory Board (1/16/14) - recommendation for 40% below 2005 by 2020 and
aspire to carbon neutral by 2050
Air Quality Advisory Board (1/31/14) - recommendation for reduction of 80% below 2005 by 2030 and
aspiring to carbon neutral by 2050
Energy Board (2/6/14) - recommendation that the City adopt more aggressive GHG goals, and adopt
specific, achievable and measurable interim goals through 2030
PUBLIC OUTREACH
Public outreach was conducted on possible future greenhouse gas goals, including a public forum on October
2013 that 65 people attended, board and commissions dialogue, and a Web site input opportunity.
Two primary themes emerged from recent outreach; an interest in more aggressive community GHG goals,
and an interest in the details about the anticipated benefits and costs. The upcoming Climate Action Plan
process will address both of these themes by developing a draft plan to meet more aggressive goals and
assessing the associated costs and benefits, and gathering public input throughout this process.
ATTACHMENTS
1. Board recommendations (PDF)
2. Triple Bottom Line Sustainability Assessment (PDF)
3. Work Session Summary, February 11, 2014 (PDF)
Packet Pg. 100
Packet Pg. 101
Attachment11.1: Board recommendations (Climate Action Plan Goals and Advisory Committee)
Packet Pg. 102
Attachment11.1: Board recommendations (Climate Action Plan Goals and Advisory Committee)
Packet Pg. 103
Attachment11.1: Board recommendations (Climate Action Plan Goals and Advisory Committee)
Packet Pg. 104
Attachment11.1: Board recommendations (Climate Action Plan Goals and Advisory Committee)
Packet Pg. 105
Attachment11.1: Board recommendations (Climate Action Plan Goals and Advisory Committee)
Packe
Packe
ATTACHMENT 3
Packet Pg. 108
Attachment11.3: Work Session Summary, February 11, 2014 (Climate Action Plan Goals and Advisory Committee)
- 1 -
RESOLUTION 2014-028
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING THE CITY MANAGER TO CONVENE AN AD HOC ADVISORY
COMMITTEE TO DEVELOP A CLIMATE ACTION PLAN FOR ACHIEVING
A COMMUNITY-WIDE GREENHOUSE GAS EMISSIONS REDUCTION GOAL
OF 80% WITH RESPECT TO 2005 LEVELS BY 2030
WHEREAS, climate models show that unless all humanity is able to reduce its
greenhouse gas emissions to 80% below 2005 levels by the middle of this century, we are likely
to cause “dangerous interference with the climate system,” which is defined as a two degrees
Celsius temperature rise over the global average that existed in the year 1850; and
WHEREAS, Fort Collins is especially vulnerable to the effects of climate change, and
down-scaled climate models predict that it is highly likely that summers will be up to 6 degrees F
warmer in this region by 2040; and
WHEREAS, in 2008, City Council expressed its intent to reduce Fort Collins’
community-wide greenhouse gas emissions to 3.3% below 2005 levels by 2012; and additionally
established the goals of reducing emissions to 20% below 2005 levels by 2020 and 80% below
2005 levels by 2050; and
WHEREAS, in 2008, City Council adopted a Climate Action Plan that established a
pathway toward achieving the 2012 greenhouse gas emissions reduction intent and a partial
pathway toward achieving the 2020 goal; and
WHEREAS, by 2012, Fort Collins’ community-wide greenhouse gas emissions were
8.7% below 2005 levels; and
WHEREAS, the City’s current Climate Action Plan now needs to be updated because it
does not identify a complete pathway to the current 2020 goal, and does not address how to
achieve the 2050 goal; and
WHEREAS, since 2008, new opportunities to reduce greenhouse gas emissions have
emerged, including advancements in energy technologies such as smart grid, vehicle
electrification opportunities, changes in the price of energy solutions, and new waste reduction
strategies; and
WHEREAS, Fort Collins values sustainability and works to systematically, creatively,
and thoughtfully utilize environmental, human, and economic resources to meet our present
needs and those of future generations without compromising the ecosystems on which we
depend; and
WHEREAS, Fort Collins is nationally recognized as a leader both in finding ways to
reduce greenhouse gas emissions and in adapting to climate change; and
Packet Pg. 109
- 2 -
WHEREAS, in November 2013, President Obama named Mayor Karen Weitkunat to his
Administration’s Task Force on Climate Preparedness and Resilience to advise the
Administration on how the Federal Government can respond to the needs of communities
nationwide that are dealing with the impacts of climate change; and
WHEREAS, in February 2014, the U.S. Department of Agriculture named Fort Collins as
one of seven national Climate Hubs that will provide farmers and ranchers with information
about changing climate and its impact on the landscape; and
WHEREAS, Fort Collins is well-positioned to demonstrate to other communities both in
the United States and abroad how deep reductions in greenhouse gas emissions can be made
within the span of several decades while remaining economically vibrant.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager is hereby directed to appoint and convene an ad
hoc advisory committee consisting of members selected from City boards and commissions, the
environmental community, the social services community, the business community, major
institutions, subject matter experts, and City staff, to develop for City Council’s consideration a
proposed updated Climate Action Plan that describes the steps the Fort Collins community will
need to take to achieve a community-wide greenhouse gas emissions reduction goal of 80%
(relative to 2005 levels) by the year 2030.
Section 2. That said Plan shall also describe steps for the Fort Collins community to
take after the year 2030 to achieve carbon neutrality (a 100% reduction in greenhouse gas
emission (relative to 2005 levels) by the year 2050.
Section 3. That said Plan shall be presented to the City Council for consideration and
proposed adoption before the end of calendar year 2014.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 110
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Kerri Allison,
Lindsay Kuntz, Real Estate Specialist
SUBJECT
Routine Deed.
EXECUTIVE SUMMARY
The purpose of this item is to accept the dedication of right-of-way on Timberline from Poudre School District.
The City of Fort Collins is planning a road project to improve the Horsetooth Road and Timberline Road
intersection. The improvements include the addition of turn lanes, as well as bicycle and pedestrian
improvements. In anticipation of the City’s upcoming project, and as per a Development Agreement dated
November 3, 1992 and recorded at reception number 19920069700, Poudre School District is dedicating the
necessary right of way for Timberline Road.
STAFF RECOMMENDATION
Staff recommends acceptance of this deed of dedication.
ATTACHMENTS
1. Right of Way dedication Location Map (PDF)
Packet Pg. 111
ATTACHMENT 1
Packet Pg. 112
Attachment12.1: Right of Way dedication Location Map (Routine Deed-Timberline ROW)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Ken Sampley, Stormwater/Floodplain Program Mgr
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
Second Reading of Ordinance No. 047, 2014, Approving the Sixth Amendment to the Fort Collins-Timnath
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related
Issues, to Update the Terms of Cost Sharing for Stormwater Improvements in the Boxelder Basin.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-3 (Nays: Cunniff, Overbeck,
Poppaw), amends the Fort Collins – Timnath Intergovernmental Agreement (IGA) by revising Article 7 to reflect
updated stormwater projects and associated cost sharing.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (PDF)
2. Ordinance No. 047, 2014 (PDF)
Packet Pg. 113
A
C
S
K
S
It
E
A
B
T
C
R
t
T
a
S
S
B
T
W
2
C
R
r
f
t
W
w
I
in
(
M
AGEND
City Counci
STAFF
Ken Sampley
SUBJECT
tems Relating
EXECUTIVE S
A. Resolutio
the Timna
Authority
B. First Read
Intergove
Issues, to
The purpose
County and t
Regional Stor
he allocated
Timnath Inter
associated co
STAFF RECO
Staff recomme
BACKGROUN
The Boxelder
Wyoming bord
2005 to ident
County Road
River. The
regional area
Agenda Item 20
Item # 20 Page 2
Middle Boxelder Creek Stream Improvements
Larimer and Weld Crossing Structure.
Construction of the first BBRSA regional stormwater project (Diversion of Coal Creek to Clark Reservoir) was
completed in 2011.
In February 2009, Fort Collins and Timnath entered into an intergovernmental agreement (IGA) regarding
Growth Management Areas (GMAs) for the two communities, associated issues authorizing the disposition of
certain properties, and stormwater and floodplain issues associated with Boxelder Creek and the “Boxelder
Creek Overflow Project.” There have been five (5) amendments to the IGA.
Revisions to the BBRSA’s Stormwater Master Plan and the stormwater provisions of the Fort Collins/Timnath
IGA are necessary in order to address the following considerations:
1. The original proposed location of the East Side Detention Facility (ESDF) could not provide the
required detention and would result in the condemnation of homes. An extensive Siting Study was
initiated in 2010. Ultimately the site adjacent to the existing Gray Lakes Reservoirs was selected as
the best location from flood reduction, cost and constructability perspectives.
2. Locating the ESDF downstream of County Road 52 eliminated the need for the Middle Boxelder
Creek Stream Improvements conceptually identified in the original stormwater master plan.
3. Relocation of the ESDF downstream of County Road 52 results in a reduction in the original
benefits of a reduced (narrower) floodplain and shallower overtopping of County Roads 54 to 60.
The design and construction of County Road 52 Improvements will offset the financial impacts
associated with road and bridge infrastructure costs.
4. The Larimer and Weld Canal Crossing Structure (LWCCS) is needed to safely cross stormwater
runoff over the canal.
5. It was determined that the ESDF could be enlarged in order to reduce downstream flows, allowing
for the potential unblocking of two existing culverts beneath Interstate Highway 25.
6. Timnath entered into an IGA with the BBRSA to financially participate in the design and construction
of the larger ESDF and LWCCS regional stormwater projects.
7. Fort Collins and Timnath agreed to amend their IGA to eliminate the original “Boxelder Creek
Overflow Project” and instead jointly fund, design and construct the Boxelder Outfall Improvements
Project on Boxelder Creek from Interstate Highway 25 downstream to Prospect Road and then to the
Cache La Poudre River.
8. Upon completion of the ESDF, LWCCS, County Road 52 improvements and the unblocking of two
existing culverts on Boxelder Creek beneath Interstate Highway 25, the Boxelder Creek Overflow
100-Year floodplain through Timnath is eliminated.
Accordingly an updated plan for stormwater improvements was developed which consists of one set of
projects to be designed and constructed by the BBRSA and a second set of projects to be funded, designed
and constructed by Fort Collins and Timnath. The two sets of projects are together referred to as the
Boxelder Creek Flood Mitigation Projects and are described below:
BBRSA Projects
(a) East Side Detention Facility (ESDF) -- An 1800 Acre-feet stormwater detention facility to be constructed
on the east side of Interstate 25 adjacent to the Gray Lakes Reservoirs that includes an earthen
embankment between County Road 50 and County Road 52, an un-gated 12’ x 8’ box culvert outfall, a
reinforced spillway, and related appurtenances.
Packet Pg. 115
Attachment13.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 047 Boxelder IGA)
Agenda Item 20
Item # 20 Page 3
(b) Larimer Weld Canal Crossing Structure (LWCCS) -- A defined weir on the south side of the Larimer
Weld Canal at its crossing with Boxelder Creek crossing located approximately one mile south of ESDF
that includes a lowered canal embankment fortified with grouted rip rap and related appurtenances.
(c) County Road 52 Improvements (CR 52 Improvements) -- The installation of four 4’ x 20’ concrete box
culverts under County Road 52, tree removal along the north side of the roadway, grading an area within
the adjacent golf course north of County Road 52 and related appurtenances.
Fort Collins / Timnath Projects
(d) Lake Canal Crossing of Boxelder Creek -- A siphon and associated appurtenances to transport flows in
the Lake Canal beneath Boxelder Creek just west of Interstate Highway 25.
(e) Boxelder Creek Outfall and Prospect Road Improvements -- A side spill weir (split flow channel) and
flood conveyance channel on Boxelder Creek upstream of Prospect Road along with six 12’ x 4’
concrete box culverts beneath Prospect Road west of Interstate Highway 25, associated utility
relocations (i.e. electric, water, wastewater, gas and telecommunications), roadway restoration, and a
flood conveyance channel south of Prospect Road to the Poudre River and associated appurtenances.
(f) Boxelder Creek at Interstate Highway 25 -- Drainageway and channel improvements and grading
adjacent to and upstream (east) of Interstate Highway 25 and the opening of two existing blocked
culverts beneath Interstate Highway 25
A staff update on the BBRSA and associated projects on Boxelder Creek was presented at the January 28,
2014 City Council Work Session.
FINANCIAL / ECONOMIC IMPACTS
In light of the BBRSA Stormwater Master Plan revisions, an update of the estimated Benefit/Cost Ratio of
the regional stormwater projects was completed to confirm the financial benefits. The table below
uses information on damage losses from the 2006 Boxelder Creek Regional Stormwater Master Plan and
compares the losses with the current estimated construction costs for the remaining BBRSA projects (East
SDF, LWCCS, and CR52 Improvements).
1Present Worth Damage Losses Estimated in 2006 Master Plan 10/30/2013
Boxelder Creek Re ach
Potential
Damages
at Existing
Conditions
Potential
Damages after
construction of
ESDF and
LWCCS
Resulting Benefits
(Damage
Reductions
)
Middle Boxelder Creek (CR54 to I25) $ 9,990,993 $ 5,000,000 $ 4,990,993
Boxelder Overflow $ 9,007,028 $ - $ 9,007,028
Lower Boxelder Creek (I25 to Poudre) $ 2,015,535 $ 811,806 $ 1,203,729
Boxelder I 25 Split $ 10,224,807 $ - $
Cooper Slough $ 27,344,409 $ 8,623,624 $
Cache La Poudre Overflow $ 2,311,180 $ 220,493 $ 2,090,687
Totals $ $ 14,655,923 $ 46,238,029
2 Current Construction Cost Estimate (ESDF,
LWCCS& CR 52 Improvements) $
11,700,000
Estimated Benefit/Cost Ratio 3.95
1
Source: T able C-3 Appendices BOXELDER CREEK REGIONAL ST ORM WAT ER M AST ER PLAN October 2006
2
Initial Total Costs to be offs et by Authority Revenue & TDA contributions & Additional Funding from New IGA
Packet Pg. 116
Attachment13.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 047 Boxelder IGA)
R
is
c
e
S
T
F
C
T
e
d
L
$
B
T
s
d
u
I
s
$
C
T
A
B
t
b
n
a
A
Review of the
s considered
construction o
event.
Summary – F
There are sign
Fort Collins an
Cooper Sloug
The BBRSA
extends south
dramatic redu
Larimer and W
$11.3 Million i
Boxelder Cre
The BBRSA
south along th
downstream.
upstream of t
nterstate 25
savings for ro
$2.1 Million sa
County Road
The current to
Approximately
BBRSA funds
he total proje
benefit from th
needed to co
additional cos
A to Resolutio
Agenda Item 20
Item # 20 Page 5
Sixth Amendment to the Fort Collins/Timnath IGA
Fort Collins and Timnath agree and acknowledge that it is in the best interest of both parties to work
cooperatively and in coordination with the BBRSA to design and construct projects along Boxelder Creek and
its associated flow paths to mitigate the impacts of flooding for the mutual benefit of the parties as well as the
region. Accordingly, they have agreed to construct the Fort Collins/Timnath projects identified previously in
this memorandum. The total cost of these projects is currently estimated to be $4 million. Fort Collins and
Timnath have agreed to share equally in the costs to complete the projects. As part of this agreement, Fort
Collins will be able to use the remaining funds ($1.75 million) originally placed into escrow as part of the
original IGA towards its share of the project funding. Fort Collins will need to contribute an additional amount
of up to $250,000 to fully fund fifty percent (50%) of the total cost of the Fort Collins/Timnath Projects. The
parties agree that the escrowed funds, together with the additional Fort Collins funds, are intended as a match
to payments by Timnath, or the TDA on behalf of Timnath to complete the projects.
ENVIRONMENTAL IMPACTS
The BBRSA has already received Endangered Act Species (ESA) clearance for its projects and is working with
the U.S. Army Corps of Engineers (USACE) to receive the required 404 Permit. In accordance with the
language in the original Boxelder IGA, the location, size and impacts of any BBRSA or Fort Collins/Timnath
stormwater improvements projects built on or in the vicinity of the Arapaho Bend Natural Area east of Interstate
Highway 25 shall be minimized to the extent reasonably possible and that all construction activities and
improvements shall be sensitive to the natural features of the affected property. Any area impacted by
construction activities shall be restored to pre-construction natural conditions to the extent reasonably possible,
using native vegetation.
As a result of the relocation of the ESDF downstream, the Middle Boxelder Creek improvements were
eliminated, reducing potential impacts on the section of Boxelder Creek from County Roads 48 to 54. As a
result of the replacement of the Boxelder Overflow Project originally identified in the IGA with the proposed
Boxelder Creek Flood Mitigation projects, there will be a reduction in environmental impacts to Boxelder
Creek, including the Arapaho Bend Natural Area. The Boxelder Outfall Project will also complete all
appropriate environmental permitting including the ESA Clearance and USACE 404 Permit.
PUBLIC OUTREACH
Information on the Boxelder Basin Regional Stormwater Authority and progress on its regional projects is
presented monthly at the BBRSA Board of Directors meeting which is held at 4:00 PM the fourth Wednesday
of each month at the Leeper Center, 3800 Wilson Avenue, Wellington, Colorado. The Board Meeting
agendas and minutes along with relevant studies, mapping and other information are available for review at
the following BBRSA website hyperlink: http://www.boxelderauthority.org/. In addition, the BBRSA maintains
a mailing list of parties who have expressed interest in receiving information and regularly distributes Board
Meeting agendas and materials. The BBRSA also publishes and distributes a quarterly newsletter which
provides information and updates on the authority and its programs.
Comprehensive updates on the BBRSA were presented at the recent public meetings listed below:
January 28, 2014 City Council Work Session
February 26, 2014 BBRSA Board of Directors Work Session.
ATTACHMENTS
1. Boxelder Creek Watershed -- Project Map (PDF)
2. Council Work Session Summary, January 28, 2014 (PDF)
3. PowerPoint Presentation (PDF)
Packet Pg. 118
Attachment13.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 047 Boxelder IGA)
- 1 -
ORDINANCE NO. 047, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE SIXTH AMENDMENT TO THE
FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT
REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT,
AND RELATED ISSUES, TO UPDATE THE TERMS OF COST SHARING FOR
STORMWATER IMPROVEMENTS IN THE BOXELDER BASIN
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues,
which agreement resolved certain differences that had arisen between the parties regarding a
variety of planning and growth management issues (the “Intergovernmental Agreement”); and
WHEREAS, on March 3, 2010, the parties executed a First Amendment to
Intergovernmental Agreement which extended the periods of time within which Fort Collins was
to amend the Fort Collins Growth Management Area (“FCGMA”) and Timnath was to provide
written notice to Fort Collins of its intent to exercise its option to purchase the Vangbo Property,
as those terms are defined in the Intergovernmental Agreement; and
WHEREAS, on February 2, 2011, the parties executed a Second Amendment to
Intergovernmental Agreement, which extended the period of time within which Fort Collins was
to amend the FCGMA; and
WHEREAS, on February 21, 2012, the parties executed a Third Amendment to
Intergovernmental Agreement, which extended until February 12, 2013, the period of time
within which both parties will amend the boundaries of their growth management areas; and
WHEREAS, the parties have determined that development of the Boxelder Overflow
Project originally contemplated by Timnath as described in the Intergovernmental Agreement
would be neither feasible nor desirable, and have further identified a mutually beneficial
alternative approach to address flood impacts in the Boxelder Creek Basin as it impacts Timnath
and Fort Collins, referred to as the Boxelder Creek Flood Mitigation Projects; and
WHEREAS, on November 13, 2012, the parties executed a Fourth Amendment to
Intergovernmental Agreement to move forward cooperatively to further investigate, conceptually
plan and preliminarily design the Boxelder Creek Flood Mitigation Projects in coordination with
the Boxelder Basin Regional Stormwater Authority (BBRSA), and the parties agreed to the use
of a portion of the funds previously paid into an escrow account by Fort Collins in accordance
with Article 7 of the Intergovernmental Agreement to match $250,000 in funding from Timnath
for related planning and design; and
WHEREAS, on February 5, 2013, the parties executed a Fifth Amendment to
Intergovernmental Agreement, which extended the period of time within which both parties will
amend the boundaries of their growth management areas; and
Packet Pg. 119
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
- 2 -
WHEREAS, since the date of the Fourth Amendment, the parties have provided a total of
$500,000 in funds for design and engineering work for identified project components to be
carried out under the direction of BBRSA, in accordance with the terms of the Fourth
Amendment; and
WHEREAS, in light of the design and engineering work so completed, and the ongoing
discussion and consideration of options for mutually beneficial stormwater management
approaches related to the mutual purposes of the parties, the parties have now identified updated
projects of mutual benefit and have developed an agreed-upon approach to the completion of
additional improvements; and
WHEREAS, accordingly, the parties have negotiated a Sixth Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues, attached hereto as Exhibit “A”, and incorporated herein by this reference (the
“Sixth Amendment”) so as to clarify and document their intentions and mutual rights and
responsibilities with respect to the Boxelder Creek Flood Mitigation Projects; and
WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and Timnath are authorized to
cooperate or contract with one another to provide any function, service or facility lawfully
authorized to each of them; and
WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins additionally
provides that the City Council may, by resolution or ordinance, enter into contracts with other
governmental bodies to furnish governmental services and make charges for such services, or
enter into cooperative or joint activities with other governmental bodies; and
WHEREAS, in light of the benefits to the City of the work to be completed pursuant to
the Sixth Amendment, the City Council desires to authorize the signing and implementation of
said Amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the cooperative
funding of the Boxelder Creek Flood Mitigation Projects as described in the Sixth Amendment
will benefit and advance the interests of the City Stormwater Utility and City Stormwater
ratepayers.
Section 2. That the Mayor is hereby authorized to enter into the Sixth Amendment in
substantially the form attached hereto as Exhibit “A”, with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this Ordinance.
Packet Pg. 120
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
- 3 -
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 121
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 1 of 9
SIXTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS SIXTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(“Amendment”) is made and entered into this ____ day of March, 2014, by and between THE
TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter referred to as
“Timnath”), and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule
municipal corporation (hereinafter referred to as “Fort Collins”).
RECITALS
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues,
which agreement resolved certain differences that had arisen between the parties regarding a
variety of planning and growth management issues (the “Intergovernmental Agreement”); and
WHEREAS, on March 3, 2010, the parties executed a First Amendment to
Intergovernmental Agreement which extended the periods of time within which Fort Collins was
to amend the Fort Collins Growth Management Area(“FCGMA”) and Timnath was to provide
written notice to Fort Collins of its intent to exercise its option to purchase the Vangbo Property,
as those terms are defined in the Intergovernmental Agreement; and
WHEREAS, on February 2, 2011, the parties executed a Second Amendment to
Intergovernmental Agreement, which extended the period of time within which Fort Collins was
to amend the FCGMA; and
WHEREAS, on February 21, 2012, the parties executed a Third Amendment to
Intergovernmental Agreement, which extended until February 12, 2013, the period of time
within which both parties will amend the boundaries of their growth management areas; and
WHEREAS, the parties have determined that development of the Boxelder Overflow
Project originally contemplated by Timnath as described in the Intergovernmental Agreement
would be neither feasible nor desirable, and have further identified a mutually beneficial
alternative approach to address flood impacts in the Boxelder Creek Basin as it impacts Timnath
and Fort Collins, referred to as the Boxelder Creek Flood Mitigation Projects; and
WHEREAS, on November 13, 2012, the parties executed a Fourth Amendment to
Intergovernmental Agreement to move forward cooperatively to further investigate, conceptually
plan and preliminarily design the Boxelder Creek Flood Mitigation Projects in coordination with
the Boxelder Basin Regional Stormwater Authority (BBRSA), and the parties agreed to the use
EXHIBIT A
Packet Pg. 122
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 2 of 9
of a portion of the funds previously paid into an escrow account by Fort Collins in accordance
with Article 7 of the Intergovernmental Agreement to match $250,000 in funding from Timnath
for related planning and design; and
WHEREAS, on February 5, 2013, the parties executed a Fifth Amendment to
Intergovernmental Agreement, which extended the period of time within which both parties will
amend the boundaries of their growth management areas; and
WHEREAS, since the date of the Fourth Amendment, the parties have provided a total
of $500,000 in funds for design and engineering work for identified project components to be
carried out under the direction of BBRSA, in accordance with the terms of the Fourth
Amendment; and
WHEREAS, in light of the design and engineering work so completed, and the ongoing
discussion and consideration of options for mutually beneficial stormwater management
approaches related to the mutual purposes of the parties, the parties have now identified updated
projects of mutual benefit and have developed an agreed-upon approach to the completion of
additional improvements; and
WHEREAS, accordingly, the parties are entering into this Sixth Amendment to
Intergovernmental Agreement so as to clarify and document their intentions and mutual rights
and responsibilities with respect to the Boxelder Creek Flood Mitigation Projects.
NOW, THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. Article 7 Superseded and Replaced. Article 7 of the Intergovernmental Agreement, as
adopted in the Fourth Amendment, is hereby deleted and replaced in its entirety with the
following:
ARTICLE 7
BOXELDER CREEK FLOOD MITIGATION PROJECTS
7.1 Escrowed Funds. As originally agreed by the parties, Fort Collins paid the total
amount of Two Million Dollars ($2,000,000) into escrow in specified installments, originally
intended for use for reimbursement of Timnath for up to fifty percent of Timnath’s incurred costs
in the design, engineering, right-of-way acquisition and construction of the Boxelder Overflow
Project. Funds in the amount of Two Hundred and Fifty Thousand Dollars ($250,000) have been
withdrawn from escrow and applied by the parties to certain purposes consistent with and as
described in the Fourth Amendment. Remaining funds in the amount of One Million Seven
Hundred and Fifty Dollars ($1,750,000) (the “Escrowed Funds”) shall be available to the parties
for use in accordance with and as set forth in this Article.
Packet Pg. 123
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 3 of 9
7.2 Boxelder Creek Flood Mitigation Projects. The parties agree and hereby
acknowledge that it is in the best interest of both Fort Collins and Timnath to work cooperatively
and in coordination with the BBRSA to design and construct projects along Boxelder Creek and
its associated flow paths to mitigate the impacts of flooding for the mutual benefit of the parties
as well as the region. Accordingly, the parties have developed a general plan for storm drainage
improvements to significantly reduce the 100-Year stormwater runoff within both the Boxelder
Creek Drainage Basin and the Cooper Slough Drainage Basin that contribute to the flooding
potential in Boxelder Creek. The plan consists of one set of projects to be designed and
constructed by the BBRSA and a second set of projects to be funded, designed and constructed
by Fort Collins and Timnath.The two sets of projects are together referred to as the Boxelder
Creek Flood Mitigation Projects, the individual components of which are more fully described
below:
(a) BBRSA Projects. The BBRSA Projects shall include the following:
(1) East Side Detention Facility (“ESDF”): A stormwater detention
facility to be constructed on the east side of Interstate 25 adjacent to the Gray
Lakes Reservoirs that includes an earthen embankment between County Road
50 and County Road 52, an un-gated 12’ x 8’ box culvert outfall, a reinforced
spillway, and related appurtenances;
(2) Larimer Weld Canal Crossing Structure (“LWCCS”): A defined
weir on the south side of the Larimer Weld Canal at its crossing with Boxelder
Creek crossing located approximately one mile south of ESDF that includes a
lowered canal embankment fortified with grouted rip rap and related
appurtenances; and
(3) County Road 52 Improvements: The installation of four 4’ x 20’
concrete box culverts under County Road 52, tree removal along the north
side of the roadway, grading an area within the adjacent golf course north of
County Road 52 and related appurtenances.
(b) Fort Collins/Timnath Projects. The Fort Collins/Timnath Projects shall
include the following:
(1) Lake Canal Crossing of Boxelder Creek: A siphon and associated
appurtenances to transport flows in the Lake Canal beneath Boxelder Creek
just west of Interstate Highway 25;
(2) Boxelder Creek Outfall and Prospect Road Improvements: A side
spill weir (split flow channel) and flood conveyance channel on Boxelder
Creek upstream of Prospect Road along with six 12’ x 4’ concrete box
culverts beneath Prospect Road west of Interstate Highway 25, associated
Packet Pg. 124
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 4 of 9
utility relocations (i.e. electric, water, wastewater, gas and
telecommunications), roadway restoration,and a flood conveyance channel
south of Prospect Road to the Poudre River and associated appurtenances; and
(3) Boxelder Creek at Interstate Highway 25: Drainageway and
channel improvements and grading adjacent to and upstream (east) of
Interstate Highway 25 and the opening of two existing blocked culverts
beneath Interstate Highway 25.
7.3 Cost Sharing. The parties agree and hereby acknowledge that it is in the best
interests of both Fort Collins and Timnath to cooperate in making use of the Escrowed Funds to
match expenditures by Timnath for the design, engineering, and permitting of the Fort
Collins/Timnath Projects, as specified in this Section and consistent with this Article.
(a) The parties agree that Fort Collins shall be entitled to use a portion of the
Escrowed Funds not to exceed Two Hundred Thousand and 00/100th Dollars
($200,000.00) to match a payment by Timnath, or the TDA on behalf of Timnath for
costs that have been or will be incurred by Fort Collins to proceed with the design,
engineering and right-of-way acquisition for the Fort Collins/Timnath Projects described
in Section 7.2(b), as more specifically described in Section 7.5.Escrowed Funds in the
amount of Two Hundred Thousand and 00/100th Dollars ($200,000.00) shall be released
to Fort Collins by the escrow agent upon request for the purposes described in this
Section 7.3(a). Timnath, or the TDA on behalf of Timnath, shall provide funding in the
amount of Two Hundred Thousand and 00/100th Dollars ($200,000.00) to Fort Collins
within ten (10) business days of the release of escrow funds to Fort Collins. The parties
agree to direct the escrow agent managing said funds to disburse said funds in a manner
consistent with this provision. The parties acknowledge that said funds provided by
Timnath are intended to pay fifty percent (50%) of the invoices and payments made by
Fort Collins to carry out the design, engineering and right-of-way acquisition for the Fort
Collins/Timnath Projects. Timnath or the TDA on behalf of Timnath shall be entitled to
review all invoices and other documentation related to said payments in order to verify
the use of funds in accordance with this Article. Timnath acknowledges and agrees that,
should Timnath arrange for performance by the TDA of any Timnath’s obligations
hereunder, Timnath shall continue to be responsible to Fort Collins for full and
satisfactory completion of any of such obligations.
(b) The parties agree that Fort Collins shall be entitled to use a portion of the
Escrowed Funds not to exceed Two Hundred Fifty Thousand and 00/100th Dollars
($250,000.00) to match a payment by Timnath, or the TDA on behalf of Timnath for
costs to be incurred by Fort Collins to proceed with the work necessary to complete the
Lake Canal Crossing of Boxelder Creek described in Section 7.2(b)(1).Escrowed Funds
in the amount of Two Hundred Fifty Thousand and 00/100th Dollars ($250,000.00) shall
be released to Fort Collins by the escrow agent upon request for the purposes described in
Packet Pg. 125
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 5 of 9
this Section 7.3(b). Timnath, or the TDA on behalf of Timnath, shall provide funding in
the amount of Two Hundred Fifty Thousand and 00/100th Dollars ($250,000.00) to Fort
Collins within ten (10) business days of the release of escrow funds to Fort Collins. The
parties agree to direct the escrow agent managing said funds to disburse said funds in a
manner consistent with this provision. The parties acknowledge that said funds provided
by Timnath are intended to pay fifty percent (50%) of the invoices and payments made
by Fort Collins to carry out the work necessary to complete the Lake Canal Crossing of
Boxelder Creek described in Section 7.2(b)(1). Timnath or the TDA on behalf of
Timnath shall be entitled to review all invoices and other documentation related to said
payments in order to verify the use of funds in accordance with this Article. Timnath
acknowledges and agrees that, should Timnath arrange for performance by the TDA of
any Timnath’s obligations hereunder, Timnath shall continue to be responsible to Fort
Collins for full and satisfactory completion of any of such obligations.
(c) The parties agree that Fort Collins shall be entitled to use all
remaining Escrowed Funds, which are expected to total One Million Three
Hundred Thousand and 00/100th Dollars ($1,300,000), along with any previously
released funds under Sections 7.3(b) and 7.3(c) that are remaining and available
after completion of the projects described in Sections 7.3(b) and 7.3(c), to match
payments by Timnath, or the TDA on behalf of Timnath, for costs to be incurred by
Fort Collins in connection with contracts for work to complete the Fort
Collins/Timnath Projects, including any design, engineering, right-of-way
acquisition, or permitting not fully funded through the payments identified in
Section 7.3(a) and 7.3(b), and construction of the Fort Collins/Timnath Projects.
All remaining Escrowed Funds shall be released to Fort Collins by the escrow agent
upon request from Fort Collins at any time after January 1, 2015, to be used for the
purposes described in this Section 7.3(c). The parties agree to direct the escrow agent
managing said funds to disburse said funds in a manner consistent with this provision.
The parties acknowledge that Fort Collins may be required to pay from its own funds an
additional amount of up to Two Hundred and Fifty Thousand and 00/100th Dollars
($250,000) to fully fund fifty percent (50%) of the total cost of the Fort Collins/Timnath
Projects (which total cost is referred to herein as the “Total Project Cost”, and is
currently estimated to be Four Million Dollars ($4,000,000.00)), and further that the
Escrowed Funds, together with such additional Fort Collins funds, are intended as a
match to payments by Timnath, or the TDA on behalf of Timnath on invoices for the
work described in this Section 7.3(c). Timnath, or the TDA on behalf of Timnath, shall
provide funding in the amount of fifty percent (50%) of the Total Project Cost to Fort
Collins within ten (10) business days of the release of escrow funds to Fort Collins under
this Section 7.3(c). Timnath or the TDA on behalf of Timnath shall be entitled to review
all invoices and other documentation related to said contract in order to verify the use of
funds in accordance with this Amendment. Timnath acknowledges and agrees that,
should Timnath arrange for performance by the TDA of any Timnath’s obligations
Packet Pg. 126
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 6 of 9
hereunder, Timnath shall continue to be responsible to Fort Collins for full and
satisfactory completion of any of such obligations.
(d) If the BBRSA Projects described in Section 7.2 (a) are completed prior to
full completion of the Fort Collins/Timnath Projects described in Section 7.2(b),
Timnath, or the TDA on behalf of Timnath, shall place into escrow any unpaid balance of
the total amount of funds needed to pay fifty percent (50%) of the Total Project Cost, or
of the most current estimated total cost to complete the construction of the Fort
Collins/Timnath Projects, pursuant to Section 7.3(e), if higher than the Total Project Cost,
and Fort Collins shall commence the work described in Section 7.2(b)(3). The work
described in Section 7.2(b)(3) shall not be performed until these funds have been placed
in escrow. To the extent not already released pursuant to Section 7.3(a), (b) or (c), these
funds shall be released to Fort Collins by the escrow agent upon request in order to allow
Fort Collins to proceed with the work described in Section 7.2(b). The parties agree to
direct the escrow agent managing said funds to disburse said funds in a manner consistent
with this provision. The parties acknowledge that said funds are intended to be used for
the purposes and in the manner described in the foregoing Section 7.3(c), and are subject
to the same conditions and procedures as provided therein.
(e) In the event that the Total Project Cost exceeds the estimate stated in
Section 7.3(c), Fort Collins agrees to provide Timnath, or the TDA on behalf of
Timnath documentation confirming the need toincrease the estimated amount deemed
to constitute the Total Project Cost. However, the parties agree that any
increase in Total Project Cost in excess of Five Hundred Thousand Dollars
($500,000) shall be subject to mutual approval and agreement by the parties.
Notwithstanding any provision in this Agreement to the contrary, Fort Collins and
Timnath, or the TDA on behalf of Timnath agree that each party shall pay its
own costs in the negotiation and preparationof this Agreement.
7.4 Fort Collins to Provide or Contract for Services. Fort Collins agrees to provide or
contract for the services required to carry out the Fort Collins/Timnath Projects identified in
Section 7.2(b), subject to the conditions and requirements of this Article. Fort Collins shall
maintain appropriate documentation and make any reports, data or design deliverables produced
available to the parties for review and use in connection with the completion of the Fort
Collins/Timnath Projects. Fort Collins shall upon request provide to Timnath work scope and
specifications and pricingdocuments and contracts for work to be completed by Fort Collins
hereunder.
7.5 Design and Engineering of the Projects. Fort Collins is responsible for the
initiation and completion of design engineering as necessary in order to determine actual design
and related costs and to allow said Projects to proceed. This work is intended to allow for the
efficient design and expedited construction schedule. Fort Collins has provided or contracted
for, or will provide or contract for, the following:
Packet Pg. 127
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 7 of 9
(a) Preparation and completion of the conceptual design of the projects to
include hydraulic modeling and collaboration with upstream BBRSA projects, adjacent
potential property development and other current and planned projects near the project
site;
(b) Initiation of Final Design (including appropriate geotechnical
investigations, structural design, flood conveyance and stream design, stability analysis,
stream restoration, utility relocation, and associated items) in order to prepare estimated
costs for final design, real estate acquisition, permitting, engineering and construction;
and,
(c) Project management and coordination to include meetings with
representatives of Fort Collins, Timnath, the BBRSA, United States Army Corps of
Engineers (USACE), the Colorado Water Conservation Board (CWCB), irrigation
companies and adjacent property owners.
7.6 Milestones for the Boxelder Creek Flood Mitigation Projects. The following
are milestones for the completion of the Boxelder Creek Flood Mitigation Projects:
(a) The targeted construction start date for the Lake Canal Crossing of
Boxelder Creek Improvements described in Section 7.2(b)(1) is January 15, 2015.
(b) The targeted construction start date for water main utility relocations
associated with the Boxelder Creek Outfall and Prospect Road Improvements described
in Section 7.2 (b)(2) is March 1, 2015.
(c) The targeted construction start date for the remainder of work associated
with the Boxelder Creek Outfall and Prospect Road Improvements described in Section
7.2(b)(2).is June 1, 2015,
(d) The targeted construction start date for the Boxelder Creek at Interstate
Highway 25 -- Drainageway and channel improvements and grading adjacent to and
upstream (east) of Interstate Highway 25 and the opening of two existing blocked
culverts beneath Interstate Highway 25 is the later of either October 1, 2015, or
completion of the BBRSA Projects described in Section 7.2(a) and payment by Timnath
of funds as required in Section 7.3(d).
7.7 Satisfaction of Obligations. It is the intent of the parties that the performance of
the requirements of this Article 7 fully satisfies any obligation that Fort Collins may have to
Timnath to contribute to the management of storm drainage waters flowing from Boxelder Creek
insofar as such waters or the floodplain related thereto, may affect property within Timnath’s
municipal boundaries or within the TGMA. Accordingly, Timnath has released Fort Collins and
Packet Pg. 128
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 8 of 9
its officers, employees, agents and assigns, from any and all claims or causes of action of any
kind whatsoever for any monetary damages or for any other remedy at law or in equity arising
from, connected with or in any way related to the flow, blockage or diversion of storm waters
from Boxelder Creek, the installation, operation and maintenance of culverts and other storm
water facilities related to that portion of I-25 that is adjacent to the TGMA, or the determination
of rainfall standards for areas within Timnath’s municipal boundaries or the TGMA, insofar as
such claim or cause of action is based upon any acts or omission of Fort Collins or any of its
officers, employees, agents or assigns, on or before the Effective Date.
The parties acknowledge and agree that, in the 1980’s, at Fort Collins’ request, the
Colorado Department of Highways (CDOT) installed two additional box culverts under I-25 at a
location that would, if the culverts were opened, allow a substantially greater volume of storm
runoff to flow from Boxelder Creek under I-25 and into portions of the Fort Collins GMA and
municipal limits and that such increased flows could do considerable damage to property within
such area and that, in order to properly manage and contain such flows, extensive new storm
water facilities must be constructed. Accordingly, both parties agree that no officer, employee,
agent or assign, shall attempt, directly or indirectly, at any time after the execution of this
Agreement, to persuade CDOT to take any action that would reasonably be expected to result in
the opening of said culverts, until such time as the Boxelder Creek Flood Mitigation Projects, or
other stormwater improvements satisfactory to the parties, are complete. In addition, if a third
party takes, or attempts to take, any such action prior to the completion of said projects, Timnath
agrees to support Fort Collins’ opposition to such action by providing a letter to CDOT to that
effect upon the request of Fort Collins.
7.8 No Admission of Liability. Nothing in this Article or elsewhere in this
Agreement shall in any way or manner be construed as an admission of liability by Fort Collins
or its officers or employees for any claim for damages arising from or in any way related to the
lack of construction of the Boxelder Overflow Project, construction of the Boxelder Flood
Mitigation Projects, the overflow of waters from Boxelder Creek, FEMA’s designation of certain
areas within the TGMA as being within a floodplain, or any related matters, nor shall anything
herein be construed as a waiver of any defenses, limitations and immunities established pursuant
to the Colorado Government Immunity Act (SS24-10-101, et seq. C.R.S.), the United States and
Colorado Constitutions, or under the common law or laws of the State of Colorado or of the
United States, including but not limited to Section 42 U.S.C. 1983.
2. No Further Modification. Except as expressly amended by this Amendment, the
Intergovernmental Agreement is unmodified and shall continue in full force and effect.
3. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment shall be
binding upon them.
4 Amendments. This Amendment may only be amended, changed, modified or altered in
writing, signed by both parties hereto.
Packet Pg. 129
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Page 9 of 9
5. Governing Law. This Amendment shall be governed by and construed in accordance
with the laws of the State of Colorado.
6. Jointly Drafted; Rules of Construction. The parties hereto agree that this Amendment
was jointly drafted, and, therefore, waive the application of any law, regulation, holding or rule
of construction providing that ambiguities in an agreement or other document will be construed
against the party drafting such agreement or document.
7. Defined Terms. Capitalized terms used in this Agreement but not otherwise defined
herein shall have the meanings set forth in the Intergovernmental Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
THE TOWN OF TIMNATH, COLORADO
By: ____________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ________________________
Town Clerk Town Attorney
THE CITY OF FORT COLLINS, COLORADO
By: ____________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ________________________
City Clerk City Attorney
Packet Pg. 130
Attachment13.2: Ordinance No. 047, 2014 (SR 047 Boxelder IGA)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Second Reading of Ordinance No. 048, 2014, Authorizing the Execution of a New Intergovernmental
Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee
Schedule, Ratifying Certain Past Actions Related to Such Fee and Amending Sections 7.5-8 and 7.5-87 of the
City Code.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on March 18, 2014 by a vote of 4-2 (Nays: Cunniff, Overbeck;
Campana recused), authorizes a new intergovernmental agreement (IGA) with Larimer County that allows for
the collection of a Regional Road Impact Fee at the time of development. The Ordinance adopts a fee
schedule and ratifies past collections and certain actions that were inconsistent with the City Code. The
Ordinance also amends Section 7.5-85(d) of the City Code pertaining to the remittance and expenditure of the
fee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
ATTACHMENTS
1. First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (PDF)
2. Ordinance No. 048, 2014 (PDF)
Packet Pg. 131
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
First Reading of Ordinance No. 048, 2014, Authorizing the Execution of a New Intergovernmental Agreement
Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule,
Ratifying Certain Past Actions Related to Such Fee and Amending Sections 7.5-8 and 7.5-87 of the City
Code.
EXECUTIVE SUMMARY
The purpose of this item is to execute a new intergovernmental agreement (IGA) with Larimer County that
allows for the collection of a Regional Road Impact Fee at the time of development. The Ordinance adopts a
fee schedule and ratifies past collections and certain actions that were inconsistent with the City Code. The
Ordinance also amends Section 7.5-85(d) of the City Code pertaining to the remittance and expenditure of the
fee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2000, the City and Larimer County entered into an IGA with Larimer County agreeing that the City would
collect a Regional Road Impact Fee. The fee is collected at the time a building permit is issued. The Regional
Road Impact Fee helps generate revenue for off-site road improvements that are necessitated by new
development. The fee revenues are only used on capacity related improvements that are of mutual benefit to
both the City and the Larimer County.
The original written IGA was adopted in 2000 and expired in 2010; however, the parties have continued the
Regional Road Fee Program as contemplated under the IGA. Even though the City’s collection of the fee is not
conditioned upon the Agreement (it is in the City Code, Chapter 7), having an IGA in place articulates the need
and the desire for collaboration between the City and County in responding to continued growth and
development which will increase demand for road capacity on the regional road system. Therefore, a new IGA
has been prepared and is being presented for Council’s consideration. The new IGA will remain in place
indefinitely unless and until it is terminated by one of the parties. Either party can cancel it upon 60 days
written notice.
Originally, the fee was envisioned as a true regional fee, with all communities in Larimer County collecting a
fee for roads outside the major communities. Ultimately, Fort Collins was the only community other than
Larimer County to adopt the fee. Because of this, the fee has operated as a Larimer County-Fort Collins
collaboration of resources and staff making improvements to regionally significant roads within the Fort Collins
Growth Management Area.
Recently completed projects include Taft Hill Road between Harmony and Horsetooth, the turn lanes at Taft
Hill/Trilby intersection, turn lane improvements at Shields/Trilby and at Gulley’s Greenhouse, and Taft
ATTACHMENT 1
Packet Pg. 132
Attachment14.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 048 Regional Road Fee)
Agenda Item 19
Item # 19 Page 2
Hill/LaPorte intersection improvements. Future projects that need Council recognition as being of substantial
benefit include Shields Street from Vine to Willox and the Shields Street and Vine intersection improvements.
The Larimer County Land Use Code specifies that its Regional Transportation Capital Expansion Fees must
be updated to reflect changes in road construction costs during the previous year. The methodology for
adjustments is based on a two-year moving average calculated from the Colorado Construction Cost Index
data compiled by Colorado Department of Transportation.
Larimer County’s procedure for fee adjustments is to update the two-year moving average using the most
recent prior year construction cost index data and calculate new adjusted fees. If the change is less than 5%
the new fees become effective without further action by the Board of County Commissioners (BCC). If the
increase exceeds 5% the County’s Land Use Code specifies that the BCC review and approve the fee change.
The County typically adjusts and adopts new fees in July of each year. The 2013 Fee Table is included as
Exhibit B to the Ordinance. The fee change for a regional single family detached home will be a $12 increase
(4.7% increase). Under the City Code, changes in the amount of the County fee do not take effect in the City
until the City Council approves a new fee schedule. Council is asked to adopt the latest Regional Road Impact
Fee schedule.
Ratifications
After the original IGA was adopted and the fee was added to City Code in 2000, fee adjustments were made in
2008, 2009, 2010, and 2011. However, the adjustments to the City’s fee schedule were not presented to the
Council for approval before being implemented. Therefore, because the Code requires Council approval of the
fee schedule, Section 2 of the Ordinance ratifies those fee amounts.
Finding of Substantial Benefit
The City Code and the IGA both require that road improvements be listed on the County capital improvement
inventory (CIP) and be considered by Council to be of substantial benefit to the residents of the City. Of the
five projects completed under this program, one was not formally approved by City Council. That project at a
cost of cost $117,000 was the Taft Hill/LaPorte intersection improvements., Two future projects, that were not
on the CIP, the Larimer County Shields Street Improvements and the Vine/Shields Intersection project, also
have not been formally approved by Council to be of substantial benefit. The Larimer County Shields
Improvements include curb and gutter, bike lanes and sidewalk from Vine to the Poudre River, and travel lanes
and bike lanes from the Poudre River to Willox. The Vine/Shields project is an intersection improvement.
Section 3 of this ordinance identifies all three projects as having substantial benefit to the residents of Fort
Collins.
Operational Improvements
The City Code amendments, and the IGA, reflect additional operational changes, including:
Clarifying that improvement projects shall be on the most recent Regional Road CIP and be approved
by City Council as being of substantial benefit to City residents. Council approval of individual projects
will no longer be required as long as those projects are on the Council approved Regional Road CIP
and sufficient funds have been appropriated to construct the projects. Eliminating the holding period
for revenues to allow for consistency with the way in which other fees are currently handled; fee
revenues will be forwarded monthly to the County.
Eliminating the requirement that any City Code modifications related to the program be approved by
the County.
Past and Future Practices
City staff clearly acknowledges the inconsistencies between the Regional Road Fee practices, the City Code
and IGA. These inconsistencies are driving changes to tracking agreements and contracts Citywide. In regard
Packet Pg. 133
Attachment14.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 048 Regional Road Fee)
Agenda Item 19
Item # 19 Page 3
to the Regional Road Impact Fee Program, the following will now become practice:
Any changes to this fee will be brought with other annual fee changes which are customarily brought to
Council in December in conjunction with the annual budget appropriation ordinance. The County is
aware of the lag time in our schedules.
Planning, Development, and Transportation will “own” this fee and will ensure there is a review of the
program at least every three years.
The County will provide a “City-specific” CIP reflecting the benefit district to the City of Fort Collins.
It is important to note the benefits of this program. Since Fort Collins is the only community participating, all
improvements to date and into the future are within the City’s Growth Management Area (GMA) and directly
benefit Fort Collins residents. The fees have been and are reasonable and have not exceeded the costs of
any projects. Transportation is a high priority for the community and is an area that is in continual need of
funding to meet shortfalls and improve infrastructure. This fee has facilitated improvements that otherwise
would not have happened.
FINANCIAL / ECONOMIC IMPACT
The fees are collected on behalf of Larimer County and the program. Revenues from the fees will pass
through City accounts and will not affect City revenue limits under Article X, Section 20. Adoption will result in
an increase to development fee payers.
ATTACHMENTS
1. Powerpoint presentation (PPTX)
Packet Pg. 134
Attachment14.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 048 Regional Road Fee)
- 1 -
ORDINANCE NO. 048, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A NEW INTERGOVERNMENTAL AGREEMENT
PERTAINING TO A REGIONAL ROAD IMPACT FEE PROGRAM,
ADOPTING A REGIONAL ROAD IMPACT FEE SCHEDULE,
RATIFYING CERTAIN PAST ACTIONS RELATED TO SUCH FEE AND AMENDING
SECTIONS 7.5-85 AND 7.5-87 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, the City is authorized under Article XX, Section 6 of the Colorado
Constitution to adopt appropriate ordinances and regulations for the purpose of promoting and
preserving the public health, safety and welfare of the citizens of the City, and has the full right
of self-government in local municipal matters including, without limitation, the power to
regulate, as matter of purely local concern, the development of real property within the City; and
WHEREAS, the City Council has determined that future growth and new development in
the City should contribute a proportionate share of the cost of providing the capital
improvements necessary to mitigate the impacts of such growth and new development; and
WHEREAS, by adoption of Chapter 7.5, Article II of the City Code, the City Council has
adopted certain capital improvement expansion fees to help defray the capital cost of expanding
public facilities within the City in order to accommodate new development in the City; and
WHEREAS, the Larimer County Commissioners and the City Council have determined
that the imposition of a regional road impact fee is an effective method to ensure that new
development bears a proportionate share of the costs of improving the regional road system that
serves both City and County residents, and expanding that system as necessary to accommodate
new development; and
WHEREAS, Larimer County and the City have the authority to cooperate in adopting
regional fees for such purposes pursuant to the Colorado Constitution, the Colorado statutes and
the Charter of the City of Fort Collins; and
WHEREAS, in 2000, pursuant to Article XIV, Sections 18(2)(a) and (b) of the Colorado
Constitution; Sections 29-20-105 and 29-1-203, C.R.S.; and Article II, Section 16 of the Fort
Collins City Charter, the City and Larimer County entered into an intergovernmental agreement
(the “Original IGA”), the purpose of which was to jointly adopt a regional capital improvement
expansion fee program for the purpose of providing road capital improvements for the regional
road system (the “Fee Program”); and
WHEREAS, the Original IGA was authorized by the City Council pursuant to Resolution
2000-024, adopted on February 1, 2000; and
WHEREAS, pursuant to the Original IGA, the City Council implemented the Fee
Program within the City by enacting Article VI of Chapter 7.5 of the City Code, establishing a
Regional Transportation Capital Improvement Expansion Fee (the “Fee”); and
Packet Pg. 135
Attachment14.2: Ordinance No. 048, 2014 (SR 048 Regional Road Fee)
- 2 -
WHEREAS, City Code Section 7.5-82(2(1)(c) states in part that the amount of the Fee
should be in accordance with a fee schedule approved by the City Council by ordinance; and
WHEREAS, in addition, City Code Section 7.5-85(b) states that Fee revenues must be
spent on those regional road capital improvement projects that are: (1) included in the Regional
Road Capital Improvements Plan (“Regional Road CIP”) developed by Larimer County for
expanding County-maintained arterial and collector roads in the unincorporated areas of the
County that primarily serve traffic moving between cities, and (2) approved by the City Council
by ordinance or resolution and determined by the City Council to be of substantial benefit to the
residents of the City; and
WHEREAS, on February 15, 2000, by the adoption of Ordinance No. 13, 2000, the City
Council approved the then-current Regional Road CIP; and
WHEREAS, in 2008, the City transferred to the County for expenditure Fee revenues in
the amount of $117,000 for a project known as the “2008 Taft Hill/Laporte Intersection
Improvements,” which project was not listed on the Regional Road CIP; and
WHEREAS, in addition, there are two other projects yet to be constructed that are not on
the Council-approved Regional Road CIP, namely, the “Larimer County Shields Street
Improvements” from Vine to Willox and the “Vine and Shields Intersection Improvements,”
which City staff believes should be approved by the City Council as being appropriate for the use
of Fee revenues; and
WHEREAS, the City Council believes that these three projects are all of substantial
benefit to the residents of the City; and
WHEREAS, Code Sections 7.5-85(d) and 7.5-87 establish processes for handling Fee
revenues and periodically reviewing the way in which the Fee has been established, sized and
administered; and
WHEREAS, during the period of time that the Fee has been in place, some of the
foregoing requirements have not consistently been followed, and City staff has recommended
that the City Council ratify the actions taken by the City in furtherance of the Fee Program
during that period of time, and that certain changes be made to the administrative requirements
of the Fee Program; and
WHEREAS, projections show that there will be continued growth and development in
the region over the next twenty years which will increase the demand for capacity on the regional
road system; and
WHEREAS, the City Council has determined that a new intergovernmental agreement
should be executed for an indefinite period of time.
Packet Pg. 136
Attachment14.2: Ordinance No. 048, 2014 (SR 048 Regional Road Fee)
- 3 -
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby authorizes the Mayor to execute a new
Regional Road Impact Fee Intergovernmental Agreement for an indefinite term, in substantially
the form attached hereto and incorporated herein as Exhibit “A,” with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Section 2. That the City Council hereby ratifies all Fee amounts heretofore imposed
and collected by the City under Section 7.5-82 of the City Code.
Section 3. That the City Council hereby finds that the following projects are of
substantial benefit to the residents of the City, and hereby approves the expenditure of Fee
revenues for said projects: the “2008 Taft Hill/Laporte Intersection Improvements,” the
“Larimer County Shields Street Improvements” and the “Vine/Shields Intersection” project.
Section 4. That the City Council hereby adopts and approves a new fee schedule as
required pursuant to Section 7.5-82(c)(1) of the City Code, which fee schedule is attached hereto
as Exhibit “B.”
Section 5. That Section 7.5-85(a), (b) and (d) of the Code of the City Fort Collins is
hereby amended to read as follows:
Sec. 7.5-85. Benefit districts.
(a) Establishment. For the purpose of further ensuring that feepayers receive
sufficient benefit for fees paid, all of the area within Larimer County is hereby designated
as the Regional Transportation Capital Improvement Expansion Fee Benefit District (the
"Benefit District").
(b) Expenditure. Regional transportation capital improvement expansion fee funds
shall be spent solely for transportation improvements within the Benefit District. The
expenditure of regional transportation capital improvement expansion fee funds collected
within the City shall be limited to those regional road capital improvement projects
included in the most recent Regional Road CIP, approved by the City Council as
consisting of road improvements within the Benefit District that are of substantial benefit
to the residents of the City. If, within any period of three (3) consecutive years from the
date that the first regional transportation capital expansion fee revenues are forwarded to
the County's Regional Road Impact Fee Administrator by the participating local
governments, all of said participating local governments, including the City, have been
unable to agree upon a plan for expenditure of such funds, all unexpended monies
theretofore transmitted to the County's Regional Road Impact Fee Administrator shall be
returned to the participating local governments, together with a proportionate share of the
accrued interest on said funds. The City shall then refund any such funds received from
Packet Pg. 137
Attachment14.2: Ordinance No. 048, 2014 (SR 048 Regional Road Fee)
- 4 -
the County to the feepayers, or their successors in interest (if the development subject to
the fee has been sold by the feepayer), pursuant to the following procedures:
. . .
(d) Establishment of trust fund. There is hereby established the Regional
Transportation Capital Expansion Fee Trust Fund for the purpose of assuring that
feepayers receive sufficient benefit for regional transportation capital improvement
expansion fees paid. All regional transportation capital improvement expansion fees
collected by the Financial Officer pursuant to this Division shall be forwarded monthly to
the County’s Regional Impact Fee Administrator. Upon receipt, said fee revenues shall be
forthwith deposited by the County into a Regional Transportation Capital Improvement
Expansion Fee Trust Fund (the "Trust Fund"). Any proceeds in the Trust Fund not
immediately necessary for expenditure shall be invested in an interest-bearing account.
All income derived from these investments shall be retained in the Trust Fund. Records
of the Trust Fund accounts shall be available for public inspection in the County's
Regional Road Impact Fee Administrator's office, during normal business hours. All
monies within the Trust Fund shall be expended only as provided in this Article.
Section 6. That Section 7.5-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-87. Review every three years.
At least once every three (3) years, the Fee Administrator shall recommend to the City
Manager whether any changes should be made to the regional transportation component
of Larimer County's Transportation Capital Expansion Fee and Park In-Lieu Fee Study,
the Regional Road CIP and this Division. For making this determination, the Fee
Administrator shall consult with the Regional Road Impact Fee Administrator of the
other participating local governments. The purpose of this review shall be to analyze the
effects of inflation on actual costs, to assess potential changes in needs, to assess any
changes in the characteristics of land uses and to ensure that the regional transportation
capital improvement expansion fees will not exceed a pro rata share.
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 138
Attachment14.2: Ordinance No. 048, 2014 (SR 048 Regional Road Fee)
- 5 -
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 139
Attachment14.2: Ordinance No. 048, 2014 (SR 048 Regional Road Fee)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
First Reading of Ordinance No. 054, 2014, Appropriating Prior Year Reserves in the General Fund for
Municipal Court Reorganization.
EXECUTIVE SUMMARY
The purpose of this item is to authorize and appropriate funding for a relatively minor reorganization of the
Municipal Court department. The Court requests $55,400 from the General Fund Reserves to cover the
prorated cost of a net 1.45 increase in classified/unclassified FTE. This cost relates to three changes which are
not included in the approved 2014 budget: converting an existing 0.50 FTE Bailiff position from hourly to
classified status, increasing an existing 0.30 FTE classified Deputy Court Clerk II position to a 0.50 FTE, and
adding a 0.75 FTE classified position of Court Security Officer. The changes are needed due to case load
changes and security concerns. The cost of the changes is anticipated to be covered by a recent increase in
the amount of the court cost assessed in appropriate cases. The changes were included in the Municipal Court
reorganization plan which was recently approved by the City Manager’s Office.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Municipal Court adjudicates traffic, misdemeanor, and civil infraction complaints. In 2013, the Municipal
Court processed approximately 33,000 cases to completion: 17,000 general cases and 16,000 camera
radar/red light cases. Currently, the Municipal Court organization includes the following personnel who handle
the general case load:
Position Classified/
Unclassified
FTE
Hourly FTE Total
Municipal Court Judge 0.80 0.80
Court Administrator 1.00 1.00
Deputy Court Clerk II 1.30 1.30
Deputy Court Clerk I 2.50 0.50 3.00
Bailiff 0.50 0.50
Total 5.60 1.00 6.60
Additionally, the Court has 1.0 FTE of contractual and hourly Court Clerks who handle the Camera Radar/Red
Light cases as well as an hourly Associate Judge and two Referees who are used as needed.
The 2013-2014 approved Municipal Court budget includes funding for a security service contract providing an
armed security officer to monitor the courtroom, clerks’ office, front lobby, hallways, prosecutors’ offices, and
the defendants’ waiting areas.
Packet Pg. 140
Agenda Item 15
Item # 15 Page 2
Proposed Changes and Justification: The Municipal Court requests a net 1.45 increase in
classified/unclassified FTE. The following three changes are proposed for the Municipal Court organizational
structure:
1. Convert an existing 0.50 FTE Bailiff position from hourly to classified status.
In addition to acting as Bailiff for all Court proceedings, the Bailiff provides clerical support for the
Deputy Court Clerks. This allows the Clerks to focus on providing customer service to citizens
appearing in the office or making inquiries by phone or mail. The Municipal Court case load has
increased significantly over the past several years, creating the need to increase the hours worked by
the Bailiff. The Bailiff now consistently works between forty (40) and fifty (50) hours per pay period. As
the population of the City increases, the Court anticipates that the case load will either maintain its
current level or increase; therefore the workload for this position will continue or increase, as well. In
order to maintain fairness and equity with other positions in the office, it is time to change this position
from an hourly status (no benefits) to a classified 0.50 FTE status.
2. Increase an existing 0.30 FTE classified Deputy Court Clerk II position to 0.50 FTE.
In December 2012, Municipal Court staffing changed following the retirement of the Municipal Court
Supervisor. While no net change in FTE occurred at that time, it resulted in a classified Deputy Court
Clerk II position of only 0.30 FTE. Unfortunately, a position of that size can only be filled by an hourly
employee. Current workload has created the need to increase that position to 0.50 FTE to help with
some of the complex case processing and financial work which must be done daily. Without additional
support, the Court Administrator will have less time to devote to staff development, work on statistical
reports, and initiating innovative processes.
3. Add a 0.75 FTE classified Court Security Officer position.
The Municipal Court has completed two security assessments within the past three years, both of
which identified a number of concerns and suggested changes. One of the suggestions was to have a
security officer present. Since February 2013, the Court has contracted with Vets Securing America for
a POST-certified security officer during arraignment sessions. Due to the reduction in incidents and
some additional security concerns during non-arraignment time-frames, we have expanded the use of
this service to include hearings, trials, and jury trials. In order to ensure consistency in personnel,
training, and services provided, we now recommend the creation of a classified position of Court
Security Officer. Fort Collins Police Services has agreed to provide a limited commission and work
with the Court on training requirements for this Security Officer.
Budget: The increased personnel expenses related to this reorganization are not currently funded in the
Court’s 2014 budget. The costs involved would be as follows:
1. The incremental cost of changing the status of the Bailiff position from hourly to classified is
approximately $13,308 per year.
2. The incremental cost of increasing the Deputy Court Clerk II classified position from 0.30 to 0.50 FTE
is approximately $15,484 per year.
3. The proposed salary for the classified 0.75 FTE Court Security Officer is equivalent to that of a Natural
Areas Trail Ranger, Park Ranger, and Transit Services Officer. The Court would also need
approximately $3,100 additional funds for purchasing uniforms and safety equipment for the Officer.
Currently, the Court has a small budget for security services: $11,750 for 2014; with that offset, the
incremental cost of the change described in this Ordinance is $45,065.
The Court is requesting that its departmental budget for 2014 be increased by a pro-rated total of $55,400
(relating to an effective date of April 2014).
Should the funding for the aforementioned changes be approved, the Municipal Court’s organizational
structure (for the general caseload) will be as follows:
Packet Pg. 141
Agenda Item 15
Item # 15 Page 3
Position Classified/
Unclassified
FTE
Hourly FTE Total
Municipal Court Judge 0.80 0.80
Court Administrator 1.00 1.00
Deputy Court Clerk II 1.50 1.50
Deputy Court Clerk I 2.50 0.50 3.00
Bailiff 0.50 0.50
Court Security Officer 0.75 0.75
Total 7.05 0.50 7.55
FINANCIAL / ECONOMIC IMPACT
In anticipation of this increased expense, City Council adopted Resolution 2014-012, revising the Court’s costs
and fees, including an increase in the “court cost” collected on appropriate cases from $25 to $35 per case.
This increase was effective February 18, 2014 and is estimated to yield approx. $57,000 additional revenue in
2014. Consequently, the cost of the reorganization should be covered by the increased costs revenue.
ATTACHMENTS
1. Powerpoint presentation (PDF)
Packet Pg. 142
1
1
Appropriation Ordinance
No. 054, 2014
A request to appropriate $55,400 from General Fund
Reserves for a minor reorganization of the Municipal
Court department.
The requested funding will be used to:
• add 0.75 FTE classified Court Security Officer,
• convert an existing 0.50 FTE Bailiff from hourly to
classified,
• increase existing 0.30 FTE Deputy Court Clerk II
to 0.50 FTE.
2
Court Security Officer:
• The Court currently has a contracted security
officer during arraignment and trial sessions,
the use of which was expanded due to
additional security concerns.
• Increased security was recommended by 2
recent security assessments.
• The creation of a classified position would
ensure consistency in personnel, training, and
services provided.
ATTACHMENT 1
Packet Pg. 143
Attachment15.1: Powerpoint presentation (Municipal Court Reorganization Appropriation)
2
3
Increase and conversion of existing Court
personnel:
• The Court anticipates that the case load will either maintain
its current level or increase.
• The Bailiff’s hours and clerical support responsibilities have
increased to allow Clerks to focus on providing customer
service to citizens.
• The workload of Deputy Court Clerk II’s has increased to
include helping with more daily complex case processing
and financial work.
• In order to maintain fairness and equity with other positions
in the office and the new Security Officer position, the Court
is requesting these minor changes.
Packet Pg. 144
Attachment15.1: Powerpoint presentation (Municipal Court Reorganization Appropriation)
- 1 -
ORDINANCE NO. 054, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR MUNICIPAL COURT REORGANIZATION
WHEREAS, the Municipal Court (the “Court”) adjudicates traffic, misdemeanor, and
civil infraction complaints pursuant to the Fort Collins Municipal Code, and handles
approximately 33,000 cases annually; and
WHEREAS, the Court recently developed a plan for reorganization as a result of
significantly increased caseloads that have resulted in the need for additional assistance for
complex case processing, financial work, customer service, statistical report generation duties,
and staff development; and
WHEREAS, two security assessments in the past three years identified a need for a
security officer to be present in the courtroom during both arraignment and non-arraignment
sessions, hearings, trials, and jury trials; and
WHEREAS, the Court’s reorganization will result in a net increase of 1.45 in
classified/unclassified full-time employees (FTE), comprised of 0.50 FTE for a Bailiff position,
0.20 FTE for a Deputy Court Clerk II, and 0.75 for a Court Security Officer; and
WHEREAS, as part of the reorganization, the Court is requesting $55,400 from prior year
reserves in the General Fund to cover the prorated cost of the net increase in FTE; and
WHEREAS, the increased personnel expenses for the reorganization are not currently
funded in the Court’s 2014 operational budget; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in
the General Fund the sum of FIFTY FIVE THOUSAND AND FOUR HUNDRED DOLLARS
($55,400) to fund the costs associated with the Municipal Court’s reorganization.
Packet Pg. 145
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 146
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
Items Relating to the Fort Collins Municipal Court.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the Failure
to Pay Fine or Penalty.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the
Handling of Civil Infractions and Misdemeanor Offenses.
The purpose of this item is to codify certain changes in the judicial process to improve fairness and efficiency.
Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of credit a prisoner
receives for jail served on failure to pay cases and, instead, specifies that said amount will be listed in the
Schedule of Fines established by the Municipal Judge. This allows the Municipal Judge to periodically adjust
that amount as appropriate. Ordinance No. 056, 2014, amends the City Code to indicate that if an incident
gives rise to charges which would normally be filed as a civil infraction and a misdemeanor, the charges are to
be handled together as a misdemeanor case. This avoids the time and confusion of having two separate
tickets filed with the Court, with separate procedures and costs relating to each.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the
Failure to Pay Fine or Penalty.
This item amends the City Code to remove the specific dollar amount of credit a prisoner receives for jail
served on failure to pay cases. This amount had been listed in the Code as $6.00 per day and had not been
adjusted for years. Out of fairness, the Judge has been giving defendants credit for more than that amount;
$50 credit for each day of jail served has been given for the last several years. In order to provide flexibility in
adjusting this credited amount as appropriate, the proposed ordinance removes the dollar amount and,
instead, specifies that said amount will be listed in the Schedule of Fines established by the Municipal Judge.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to
the Handling of Civil Infractions and Misdemeanor Offenses.
This item amends the City Code to indicate that if an incident gives rise to two (or more) charges which would
normally be filed separately as a civil infraction and a misdemeanor, the charges are to be handled together as
a misdemeanor case. This changes the current practice of enforcement officers having to issue two separate
tickets in cases such as those involving an Animal at Large charge, as well as a Dangerous Animal charge. In
those cases, defendants are currently faced with the potential of paying two sets of costs and having separate
Packet Pg. 147
Agenda Item 16
Item # 16 Page 2
hearings if they choose. The current practice has also increased the time spent by the Court to administer and
hear these cases. This change will streamline the process for all involved and avoid the confusion which often
arises from having two separate tickets relating to the same incident. The proposed change is consistent with
how traffic cases are handled under City Code Section 19-45.
FINANCIAL / ECONOMIC IMPACT
There is no financial impact from the first item. As to the second item, there is a minimal impact since there are
very few cases that will be affected. For those few cases, enforcement officers will only have to issue one
ticket instead of two, defendants who plead or are found guilty will pay costs on one case instead of two, and
the Court will have one trial on contested cases instead of potentially a referee hearing as well as a trial
relating to the same incident.
ATTACHMENTS
1. Powerpoint presentation (PDF)
Packet Pg. 148
1
1
Ordinance No. 055, 2014 (A)
To improve fairness and efficiency, amends
Section 19-4 of the City Code to remove the
specific dollar amount of credit a prisoner
receives for jail served on misdemeanor failure
to pay cases.
2
• Code section not updated in years
• Currently states specific dollar amount of credit as
$6.00 per day
• Current practice by Municipal Judge is $50 credit
per day
• Provides flexibility by listing the amount in the
Schedule of Fines established and regularly
updated by the Municipal Judge
ATTACHMENT 1
Packet Pg. 149
Attachment16.1: Powerpoint presentation (Municipal Court Fines and Penalties)
2
3
Ordinance No. 056, 2014 (B)
To improve fairness and efficiency, amends Section
19-62 of the City Code to indicate that if an incident
gives rise to two (or more) charges which would
normally be filed separately as a civil infraction and
a misdemeanor, the charges are to be handled
together as a single misdemeanor case.
4
Process Clarification
• Defendant (easier to understand process and
options)
• Victim (testifying at only one appearance)
• Staff (easier to explain process and options to
defendants)
City Resources
• Municipal Court staff (administrative time involved
processing 2 cases)
• City Attorney’s office (time involved prosecuting 2
separate cases )
• Enforcement officers (issuing one citation, testifying
at only one trial)
Consistency
• Traffic cases involving infraction and misdemeanor
charges are currently handled as a single
misdemeanor case.
Packet Pg. 150
Attachment16.1: Powerpoint presentation (Municipal Court Fines and Penalties)
- 1 -
ORDINANCE NO. 055, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-4 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE FAILURE TO PAY FINE OR PENALTY
WHEREAS, under Section 91-4(a) of the City Code, any person against whom a fine or
penalty is assessed by the Municipal Court for a violation of a misdemeanor offense who refuses
or neglects to pay the fine or penalty or who violates any condition placed thereon by the
Municipal Judge may be imprisoned for such refusal, neglect or violation; and
WHEREAS, Section 19-4(b) of the City Code currently sets the rate at which such person
would be credited for time served, which rate is currently six dollars per day served; and
WHEREAS, such rate has not been adjusted over the years to take into consideration the
increased amount of fines and penalties imposed for misdemeanor violations; and
WHEREAS, entrusting the Municipal Judge to periodically determine the rate based on
the fine amounts for various offenses provides the discretion to efficiently and fairly establish the
rate and provides for publication of the rate through the Municipal Court schedule of fines.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 19-4 of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 19-4. Failure to pay fine or penalty.
(a) Any person against whom a fine or penalty is assessed by the Municipal Court for
a violation of a misdemeanor offense who refuses or neglects to pay the fine or penalty or
who violates any condition placed thereon by the Municipal Judge may be imprisoned for
such refusal, neglect or violation.
(b) A person imprisoned for refusing or neglecting to pay such fine or penalty shall
be credited at a rate of six dollars ($6.) per twenty-four-hour day served against such fine
or penaltyestablished by the Municipal Judge in the Municipal Court Schedule of Fines.
Packet Pg. 151
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 152
- 1 -
ORDINANCE NO. 056, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-62 OF THE CODE OF THE CITY OF FORT
COLLINS PERTAINING TO THE HANDLING OF CIVIL INFRACTIONS AND
MISDEMEANOR OFFENSES
WHEREAS, on February 19, 2013, the City Council adopted Ordinance No. 021, 2013,
amending Chapter 4 of the City Code, which decriminalized certain minor offenses related to the
care and keeping of animals, making those offenses civil infractions instead of criminal
misdemeanors; and
WHEREAS, the more serious offenses relating to the care and keeping of animals
remained misdemeanors; and
WHEREAS, under the current City Code, when one incident involves offenses
constituting both a misdemeanor and a civil infraction, officers must write two separate citations,
potentially subjecting the defendant and the City to two separate judicial proceedings; and
WHEREAS, City staff has recommended, and the City Council agrees, that civil
infractions and misdemeanors arising out of one incident should be governed by the rules and
statutes applicable to misdemeanor offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that Section 19-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-62. Scope, and purpose, and application.
a. These rules are promulgated pursuant to Article VII of the Charter to govern
practice and procedures for the handling of civil infractions. The purpose of these rules is
to provide for the orderly, expeditious and fair disposition of such infractions.
b. In any action in which the commission of a civil infraction and a misdemeanor
offense are alleged in one (1) complaint, the action shall be treated as one (1) proceeding
governed by the rules and statutes applicable to the alleged misdemeanor offense.
Packet Pg. 153
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 154
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
Laurie Kadrich, Community Development & Neighborhood Services Mgr
SUBJECT
Items Relating to Historic Preservation.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding
Landmark Preservation.
B. First Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining to the
Functions of the Landmark Preservation Commission.
C. First Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code Pertaining
to New Construction as it Affects Historic and Cultural Resources.
The purpose of this item is to present to Council the proposed changes to Chapter 2 and Chapter 14 of the
City Code and Section 3.4.7 of the Land Use Code resulting from the 2012-2013 Historic Preservation Process
and Codes Improvements Study.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
In 2012 and 2013, per Council’s direction, historic preservation staff undertook a comprehensive evaluation of
the City’s Historic Preservation Program to enhance its transparency, predictability, and effectiveness. Phase
1 of this review resulted in two substantive changes to the City Code, adopted in August 2012:
An appeal process for determinations of eligibility, and for the determination of the effect of proposed
work on this eligibility; and
More specificity to Landmark Preservation Commission (LPC) member requirements, ensuring
compliance with Certified Local Government (CLG) standards.
Council directed that Phase 2 look more comprehensively at the various components that make up the Historic
Preservation Program. Based upon direction received at Council’s August 26, 2013 Work Session
(Attachment 1), staff is bringing forward revisions to both the City Code and Land Use Code (LUC) for
Council’s consideration.
Code revisions, (Ordinance No. 057, 2014; Ordinance No. 058, 2014; and Ordinance No. 059, 2014), to
improve transparency and predictability include:
Packet Pg. 155
Agenda Item 17
Item # 17 Page 2
A complete re-organization of Chapter 14, “Landmark Preservation,” and the addition of explanations
and references, enhancing the clarity and understanding of the Code, grouping all eligibility information
together and all landmark designation information together. Previously, information was scatted
throughout the Chapter;
The inclusion of a building’s context as a consideration in determining eligibility. Previously, each
property was looked at individually regardless of the surrounding character of the property;
Having determinations remain valid for five years, rather than the current one year period;
Adding a requirement that a minimum of three residents of the city must sign to submit an application
for a non-consensual landmark designation. Currently, one resident can submit;
Change LUC Section 3.4.7(F), “New Construction,” to better clarify the area to be considered when
evaluating the compatibility of new structures, when a project involves irregular shaped parcels or land
that has not been platted in a standard grid pattern;
Requiring applicants to provide a Plan of Protection, showing how the applicant will ensure that no
damage will occur to any historic resources on or adjacent to the site;
Requiring repair, rather than demolition, of properties undergoing review under either “Landmark
Preservation” or “Historic and Cultural Resources,” and which are declared dangerous by the Chief
Building Officer. If a property is found to be an imminent threat by the Chief Building Officer, then an
owner will have the option of repair or demolition;
Providing penalties for actions that violate the protection mechanisms of the landmark Preservation
Code.
Code revisions to improve effectiveness and shorten review times include:
Adding the ability for the Community Development and Neighborhood Services (CDNS) Director to be
able to approve minor alterations on landmark properties administratively, so that permit approval may
be granted within days rather than weeks;
Adding the ability for the LPC Design Review Subcommittee, established by Council under Ordinance
No. 002, 2011, to provide recommendations to the CDNS Director on plans it has reviewed and
approved. The Director could then approve the plans administratively, without the necessity of the
Subcommittee recommendation going before the full LPC for approval;
Adding the ability for the LPC to review development projects affecting individually eligible and
designated historic properties, and to provide a recommendation to the Decision Maker. This action
would provide important information to the Decision Maker on projects subject to both historic
preservation and development Code requirements. The change would also bring the City into
compliance with federal CLG requirements, which recognizes the LPC as the City’s qualified historic
review board;
Changing the LUC review process to add non-binding determinations of eligibility, enabling potential
historic resources to be identified without undue cost or delay to development applications. This is the
process currently used; however, these determinations are not identified in the Code as non-binding,
which has the potential to cause problems.
FINANCIAL / ECONOMIC IMPACTS
These Code changes provide greater predictability to the Historic Preservation Code processes, and provide
for alternative review processes to facilitate project review, saving staff and the public both time and cost.
BOARD / COMMISSION RECOMMENDATION
At its March 12, 2014 regular meeting, the Landmark Preservation Commission unanimously (9-0)
recommended approval of the Code revisions to City Codes Chapter 2, “Landmark Preservation Commission,”
and Chapter 14, “Landmark Preservation” (Attachment 2).
At its March 13, 2014 regular meeting, the Planning and Zoning Board unanimously (7-0) recommended
approval of the Code revisions to Land Use Code Section 3.4.7, “Historic and Cultural Resources”
(Attachment 3).
Packet Pg. 156
Agenda Item 17
Item # 17 Page 3
PUBLIC OUTREACH
Board and Commission Outreach:
Met with the Planning and Zoning Board at three meetings and work sessions;
Met with the Landmark Preservation Commission at 12 meetings and work sessions.
Citizen Outreach:
Twelve-member Citizens Committee, with representation from all major stakeholders. This committee
convened three times during the fall of 2012 and spring of 2013, and provided additional review through
emails;
Public Open House held on January 28, 2014, attended by 12 citizens;
Attended three meetings of the Government Affairs Committee of the Board of Realtors, to discuss
proposed Code revisions;
Surveyed best practices of historic preservation programs in 22 peer communities, and compared these
with Fort Collins’ program to identify strengths and weaknesses;
Conducted an on-line survey of nearly 2,800 property owners and adjacent property owners who went
through Demolition/Alteration Review, to assess the relevancy and effectiveness of this process.
ATTACHMENTS
1. Work Session Summary, August 27, 2013 (PDF)
2. Landmark Preservation Commission minutes (draft), March 12, 2014 (PDF)
3. Planning and Zoning Board minutes (draft), March 13, 2014 (PDF)
4. Powerpoint presentation (PDF)
Packet Pg. 157
ATTACHMENT 1
Packet Pg. 158
Attachment17.1: Work Session Summary, August 27, 2013 (Historic Preservation Improvements Study Code Revisions)
Packet Pg. 159
Attachment17.1: Work Session Summary, August 27, 2013 (Historic Preservation Improvements Study Code Revisions)
LANDMARK PRESERVATION COMMISSION
Regular Meeting
300 Laporte Avenue
March 12, 2014 Minutes
Council Liaison: Gino Campana (970-460-6329)
Staff Liaison: Laurie Kadrich (970-221-6750)
Commission Chairperson: Ron Sladek
CALL TO ORDER AND ROLL CALL: The meeting was called to order at 5:35 p.m. by Chair
Sladek. Members present were: Ron Sladek, Maren Bzdek, Meg Dunn, Kristin Gensmer, Dave
Lingle, Pat Tvede, Alexandra Wallace, Belinda Zink and Doug Ernest. Staff present were: Historic
Preservation Planners Karen McWilliams and Joshua Weinberg, and Administrative Staff Cindy
Cosmas and Gretchen Schiager.
…
DISCUSSION – HISTORIC PRESERVATION PROCESS IMPROVEMENTS
STUDY: COMMISSION RECOMMENDATION ON CHANGES TO CHAPTERS 2
AND 14 OF THE CITY CODE
Staff Report
Historic Preservation Planner Karen McWilliams presented background information and a
detailed description of the revisions to City Code Chapters 2 “Administration” and 14
“Landmark Preservation”.
Commission Questions:
Mr. Sladek clarified that staff is seeking a recommendation on the code changes to take
forward to Council, and that a vote would take place.
Public Input: None
No staff response.
Commission Discussion:
The Commission Members discussed whether three citizens should be enough to initiate a
non-consensual designation. A suggestion was made to increase the minimum to five;
SUMMARY OF MEETING: The Commission heard and discussed public input
about the demolition of the Button House; approved the February 12, 2014 Minutes;
approved a request to provide a letter of support for a State Historic Fund Grant for
the Carnegie Building at 200 Matthews Street; held a Complimentary Review of 222
Laporte Avenue, Relocation of the Poudre Valley Creamery Butterfly Building on
site; held a Conceptual Design Review of 201 South College Avenue, for Little Man
Ice Cream; held the Final hearing for the alteration of 1214 West Mountain Avenue;
voted to recommend Council approval of changes to Chapters 2 and 14 of the City
Codes; and approved the Landmark Preservation Commission 2014 Work Plan.
ATTACHMENT 2
Packet Pg. 160
Attachment17.2: Landmark Preservation Commission minutes (draft), March 12, 2014 (Historic Preservation Improvements Study Code
Landmark Preservation Commission
March 12, 2014
- 2 -
however, members expressed concerns that raising the bar too high would discourage public
participation. It is important for citizens to be able to bring buildings they feel are significant
to the attention of the Commission.
Commission asked staff to clarify the process by which non-consensual designations are
made. Staff responded that under the existing codes, one citizen can bring forth an
application, but there is still a multi-meeting process, and then a supermajority of the
Commission are required to support an application before the application is forwarded to
Council for a decision. The proposed revision increases only the number of citizens required
to initiate an application, from one to three. The rest of the process stays the same.
Members commented that having three citizens required, rather than one, would make it less
likely to have spurious applications made by a single individual or household. Commission
members agreed that there are enough fail safes in the process that three citizens would be
adequate.
Mr. Ernest moved that the Landmark Preservation Commission recommend to City
Council for adoption the proposed revisions to City Code Chapter 2 “Administration” and
to Chapter 14 “Landmark Preservation.” Mr. Lingle seconded the motion. Motion passed
9-0.
…
Packet Pg. 161
Attachment17.2: Landmark Preservation Commission minutes (draft), March 12, 2014 (Historic Preservation Improvements Study Code
Planning and Zoning Board Hearing Minutes
March 13, 2014
6:00 p.m.
Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich
Chair: Jennifer Carpenter Phone: (H) 231-1407
Chair Carpenter called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hansen, Hart, Heinz, Hobbs, Kirkpatrick, and Schneider
Absent: None
Staff Present: Kadrich, Eckman, Wray, McWilliams, Stanford, Langenberger and Cosmas
. . . . .
Discussion Agenda:
3. Historic Preservation-Related Code Changes
Project: Historic Preservation-Related Code Changes
Project Description: The purpose of this item is to inform the Planning and Zoning Board of the results
of this two-phase study and to seek the Board’s recommendation on proposed code changes to the
Municipal and Land Use Codes. During 2012 and 2013, at Council’s direction, staff identified
improvements to the Historic Preservation Program processes and codes to enhance the program’s
transparency, predictability, and effectiveness.
Recommendation: Recommendation to City Council of proposed revisions
Staff Presentation: Karen McWilliams gave a staff report on the code changes proposed, which will
include Land Use Code (LUC) 3.4.7, Historic and Cultural Resources. She provided some history of the
origination of the code changes and their possible future impacts. The City Council requested this
examination of the LUC 3.4.7 on August 26, 2013 at their work session. She reviewed each proposal
separately, including some new language:
Adding the ability for the Landmark Preservation Commission (LPC) to review development
proposals that are being impacted by both development code requirements and the historic
preservation requirements in the LUC and enable the LPC to provide a recommendation on
compatibility.
Ensuring that a percentage of the LPC members have experience in historic preservation to meet
certified local government requirements (administered through the State Historical Society).
Offering the ability to do non-binding determinations of eligibility for projects undergoing LUC
review.
ATTACHMENT 3
Packet Pg. 162
Attachment17.3: Planning and Zoning Board minutes (draft), March 13, 2014 (Historic Preservation Improvements Study Code Revisions)
Planning & Zoning Board
March 13, 2014
Page 2
Adding new language to LUC section 3.4.7 (new construction) to better clarify what adjacent
properties are in the code for irregularly-shaped parcels and land that isn’t platted in a standard
grid pattern. In order to determine how projects would be affected, buffers were put around
designated properties (150’ and 300’ buffers were used). Ms. McWilliams provided a diagram of
the properties receiving buffers.
Chair Carpenter asked Secretary Cosmas if any input had been received since the work session.
Secretary Cosmas responded that two emails from residents had been received with concerns for the
procedures for the demolition of the Button House and requesting procedural changes to be made before
other historic buildings are condemned and destroyed.
Board Questions
For clarification, Member Hansen asked if the purpose of allowing the LPC to review the historical
projects was to speed up the process or to reduce paperwork. Ms. McWilliams responded that the
primary consideration was to speed up the process, although there may be an added benefit of reducing
paperwork. She also clarified that adjacent properties on the regular grid will still be considered on the
block face.
Hearing Testimony, Written Comments and Other Evidence
Public Input
Chair Carpenter allowed 4 minutes to the citizens speaking.
Steve Mack, 420 E. Laurel, asked the Board to add to their resolution that the LPC reviews additional
codes to prevent other historic buildings like the Button House from being demolished. He talked about
the history of 711 Remington – how it was damaged, how there was no city code preventing buildings
from being demolished without getting additional input first, and how there are no penalties for damaging
historic buildings. He strongly urged the Board in incorporate appropriate language into the LUC code
for this type of scenario.
Staff Response
Ms. McWilliams responded by confirming that City staff is working on this issue. Director Kadrich
acknowledged that this scenario is the first of its kind. She did confirm that processes will be reviewed to
prevent future occurrences, including reviews of construction plans with verbiage on how to protect
adjacent historic structures. Chair Carpenter asked if there is any time line for these changes. City
Attorney Eckman stated that it is premature to assume there is a problem with the law. He suggested
that an investigation must first proceed in order to determine the root of the problem. Member Kirkpatrick
inquired about the criteria used by Building Inspectors for reviewing historic buildings that may have been
damaged. Ms. McWilliams confirmed that the building inspectors would treat an historical building just
like all other buildings.
Board Questions
City Attorney Eckman explained that health/safety issue supersedes historic standards. Member Hart
stated that the LPC would still be the best judge of the circumstances surrounding the Button House and
that situation should not affect the adoption of codes at this time. Ms. McWilliams confirmed that the
Button House was designated on the National Register of Historic Places, on the State Register of
Historic Properties, and was determined to be individually eligible designation as a Fort Collins landmark.
Packet Pg. 163
Attachment17.3: Planning and Zoning Board minutes (draft), March 13, 2014 (Historic Preservation Improvements Study Code Revisions)
Planning & Zoning Board
March 13, 2014
Page 3
Although these designations would normally guarantee protection, once a building is found to be
dangerous, these codes no longer apply. Member Kirkpatrick stated that she believes the Board still has
an obligation to perform due diligence in supporting and protecting Fort Collins historic resources. Chair
Carpenter stated that staff will be addressing this issue at a later time.
Regarding the reason for choosing between the 150’ and 300’ buffers, Ms. McWilliams stated that, when
a development proposal comes forward, staff would then look at the effect on parcels around it to
determine potential impact. Depending on scale of project and the potential effect, staff might even
propose a larger buffer. Member Schneider inquired whether this buffer would also apply to new
construction, which could include additions to existing structures. Ms. McWilliams stated that additions
would still be reviewed for impact on all surrounding properties, and buffers would be determined based
on that potential impact. She also stated that it is impossible to develop a chart for the buffering as each
project would be considered individually. Other discussion involved the pros and cons of having specific
guidelines in place versus an arbitrary method of buffer determination. The unusually-shaped parcels
are particularly difficult to work with, and there is no code requirement that buffers need to occur from the
boundaries of the parcel.
Board Deliberation
Member Hart stated that he supports these changes because of the expertise demonstrated by LPC
Board members. Member Hobbs agreed and stated that he feels confident that staff has the capability of
determining buffers for individual situations. Member Hansen also supports these changes and
understands the difficulties involved. Member Kirkpatrick state that she is glad that the LPC will be more
involved in the processes but understands the reasoning behind them. Member Schneider is also in
favor of LPC’s participation, although he is still uncomfortable with the long-term effects on future
irregularly-shaped properties and would still like to see some metrics involved. Member Heinz agreed
and supports some type of standardization process. Chair Carpenter also supports these changes in
code and that the Button House will not be forgotten.
Member Hart made a motion that the P&Z Board recommends to the City Council adoption of the
changes to Land Use Code Section 3.4.7 Historic and Cultural Resources. Member Hobbs
seconded. The motion passed 7-0.
Packet Pg. 164
Attachment17.3: Planning and Zoning Board minutes (draft), March 13, 2014 (Historic Preservation Improvements Study Code Revisions)
1
1
Historic Preservation
Code Revisions
Laurie Kadrich,
Director, Community Development &
Neighborhood Services
Karen McWilliams,
Historic Preservation Planner
City Council Regular Meeting
April 1, 2014
2
Items For Council Consideration
• Proposed revisions to the Landmark Preservation
Commission Code, Municipal Code Chapter 2;
• Proposed revisions to the Landmark Preservation
Code, Municipal Code Chapter 14;
• Proposed revisions to the Historic and Cultural
Resources Code, Land Use Code Section 3.4.7.
ATTACHMENT 4
Packet Pg. 165
Attachment17.4: Powerpoint presentation [Revision 1] (Historic Preservation Improvements Study Code Revisions)
2
3
Code Changes Already Adopted in
Phase 1
• Appeals process
• Certified Local Government requirements
for specialized experience
4
City Code Revisions
• Reorganization of Chapter 14
• Add context to reviews
• Determinations valid for 5 years
• Require minimum of three residents to sign
non-owner landmark applications
Packet Pg. 166
Attachment17.4: Powerpoint presentation [Revision 1] (Historic Preservation Improvements Study Code Revisions)
3
5
City Code Revisions (cont.)
Changes to Approval Authority:
• Director can approve more building
alterations and signage
• LPC Subcommittee can provide
recommendation to the Director for approval
6
City Code Revisions (cont.)
• Require “Plan for Protection”
• Imminent threat
• Make penalties for violations more clear
Packet Pg. 167
Attachment17.4: Powerpoint presentation [Revision 1] (Historic Preservation Improvements Study Code Revisions)
4
7
Land Use Code (LUC) Revisions
• Ability for LPC to review development
projects affecting historic properties, and
provide a recommendation on compatibility
• Add non-binding determinations of eligibility
for LUC projects
• Change 3.4.7(F), “New Construction,” to
better clarify adjacent properties
8
Items For Council Consideration
• Proposed revisions to the Landmark Preservation
Commission Code, Municipal Code Chapter 2;
• Proposed revisions to the Landmark Preservation
Code, Municipal Code Chapter 14;
• Proposed revisions to the Historic and Cultural
Resources Code, Land Use Code Section 3.4.7.
Packet Pg. 168
Attachment17.4: Powerpoint presentation [Revision 1] (Historic Preservation Improvements Study Code Revisions)
- 1 -
ORDINANCE NO. 057, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 14 OF THE CODE OF THE CITY FORT COLLINS
REGARDING LANDMARK PRESERVATION
WHEREAS, the City Council has directed City staff to undertake a two-phase project to
consider improvements to the City’s historic preservation codes and processes to make these
codes and processes more transparent, predictable and effective; and
WHEREAS, City staff has prepared and presented to the City Council the second phase
of the work, which addresses City Council’s concerns regarding the readability of the codes,
increased flexibility in applying the codes, and better notice of the City’s historic review
processes and regulations to the purchasers of historic landmarked properties and properties that
are eligible to become landmarks; and
WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes
and has recommended the same to the City Council; and
WHEREAS, the City Council has determined that the proposed changes are in the best
interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Article I of Chapter 14 of the Code of the City of Fort Collins is
hereby amended to read as follows:
ARTICLE I.
IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Adverse effect shall mean that a project or undertaking may alter, directly or indirectly,
any of the characteristics that qualify a property for designation, either individually or as
a contributing element of a district, in a manner that would diminish the property's
exterior integrity. Adverse effects may include reasonably foreseeable effects caused by
the undertaking that may occur later in time, be removed in distance, or be cumulative.
Alteration shall mean any act or process, including relocation, which changes one (1) or
more of the exterior physical characteristics of a designated site, structure, object, or
district or a site, structure, object or district eligible for designation.
Characteristics shall mean the visible and tangible attributes of a site, structure, object or
district, including, but not limited to, the architectural design, style, general arrangement
and components of all the outer surfaces of a site, object, structure or improvement,
including, but not limited to, the color, texture, materials, type and style of all windows,
Packet Pg. 169
1
ORDINANCE NO. 057, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 14 OF THE CODE OF THE CITY FORT COLLINS
REGARDING LANDMARK PRESERVATION
WHEREAS, the City Council has directed City staff to undertake a two-phase
project to consider improvements to the City’s historic preservation codes and processes
to make these codes and processes more transparent, predictable and effective; and
WHEREAS, City staff has prepared and presented to the City Council the second
phase of the work, which addresses City Council’s concerns regarding the readability of
the codes, increased flexibility in applying the codes, and better notice of the City’s
historic review processes and regulations to the purchasers of historic landmarked
properties and properties that are eligible to become landmarks; and
WHEREAS, the Landmark Preservation Commission has reviewed the proposed
changes and has recommended the same to the City Council; and
WHEREAS, the City Council has determined that the proposed changes are in the
best interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS as follows:
Section 1. That Article I of Chapter 14 of the Code of the City of Fort Collins
is hereby amended to read as follows:
ARTICLE I.
IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Adverse effect shall mean that a project or undertaking may alter, directly or
indirectly, any of the characteristics that qualify a property for designation, either
individually or as a contributing element of a district, in a manner that would
diminish the property's exterior integrity. Adverse effects may include reasonably
foreseeable effects caused by the undertaking that may occur later in time, be
removed in distance, or be cumulative.
Alteration shall mean any act or process, including relocation, which changes one
(1) or more of the exterior physical characteristics of a designated site, structure,
object, or district or a site, structure, object or district eligible for designation.
2
Characteristics shall mean the visible and tangible attributes of a site, structure,
object or district, including, but not limited to, the architectural design, style,
general arrangement and components of all the outer surfaces of a site, object,
structure or improvement, including, but not limited to, the color, texture,
materials, type and style of all windows, doors, lights, signs and other fixtures
appurtenant to said site, object, structure or improvement.
Commission shall mean the Landmark Preservation Commission created in § 2-
276.
Compatible shall mean the characteristics of different uses or activities or design
which allow them to be located near or adjacent to each other in harmony. Some
elements affecting compatibility include height, scale, mass and bulk of
structures. Other characteristics include pedestrian or vehicular traffic, circulation,
access and parking impacts. Other important characteristics that affect
compatibility are landscaping, lighting, noise, odor and architecture.
Compatibility does not mean "the same as." Rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing
development.
Construction shall mean the erection of any on-site improvements on any parcel
of ground located within a designated or eligible district or on a designated or
eligible site, whether the site is presently improved or unimproved, or the erection
of a new significant or accessory structure on such property.
Context shall mean the totality of interrelated conditions in which a site, structure,
object or district exists. The context of an area is the sum of the existing buildings
and spaces, and the pattern of physical development in the area. It can also be a
measurement of the scarcity or profusion of a particular resource type.
Contributing to a district shall mean a site, structure or object eligible for
designation, or formally designated, that has significance and that has experienced
some alterations which, while not seriously damaging the exterior integrity of the
property, have altered the appearance enough to be noted. These sites, structures,
or objects retain that has significance and that retains enough exterior integrity to
contribute to the significant characteristics character of thea district even though
its exterior may have been altered.
Demolition shall mean any act or process that destroys in part or in whole its
entirety an eligible or designated site, structure or object, or a site, structure or
object within an eligible or designated district.
Determination of eligibility shall mean a decision by the Director and the chair of
the Commission, or the Commission, that a site, structure, object or district meets
one (1) or more of the standards for designation as a Fort Collins landmark, which
determination shall be valid for one (1) yearfive (5) years. The determination of
3
eligibility for the National and/or State Register of Historic Places shall be
according to the processes and procedures of the Colorado Historical Society.
Director shall mean the Director of Community Development and Neighborhood
Services or his or her designee.
District shall mean a geographically definable area possessing a significant
concentration, linkage, or continuity of sites, structures, or objects and their
surrounding environs united by past events or aesthetically by plan or physical
development. A district may also comprise individual elements separated
geographically but linked by association or history.
Eligibility shall mean a resource’s ability to meet one (1) or more of the standards
for designation as a Fort Collins landmark, or the criteria for designation on the
National Register of Historic Places and/or State Register of Historic Places
Properties. There are three (3) levels of eligibility for Fort Collins landmark
designation: individual, contributing to a district, and noncontributing/not eligible.
Exterior integrity shall mean the ability of a property to convey its significance.
To be designated as a landmark, a property must not only be shown to be
significant, but also must have exterior integrity. The degree of integrity required
for landmark status is relative to a property’s significance. Exterior integrity is the
composite of seven (7) aspects or qualities, which in various combinations define
integrity: location, design, setting, materials, workmanship, feeling, and
association. The more qualities present in a property, the higher its integrity.
Ultimately the question of exterior integrity is answered by whether or not the
property retains the identity for which it is significant. Location is the place where
the historic property was constructed or the place where the historic event
occurred. Design is the combination of elements that create the form, plan space,
structure, and style of a property. Setting is the physical environment of a historic
property. Whereas location refers to the specific place where a property was built
or an event occurred, setting refers to the character of the place. It involves how,
not just where, the property is situated and its relationship to the surrounding
features and open space. Materials are the physical elements that form a historic
property. Workmanship is the physical evidence of the crafts of a particular
culture or people during any given period in history or prehistory. It is the
evidence of artisans’ labor and skill in constructing or altering a building,
structure, or site. Feeling is a property’s expression of the aesthetic or historic
sense of a particular period or time. It results from the presence of physical
features that, taken together, convey the property’s historic character. Association
is the direct link between an important historic event or person and a historic
property. A property retains association if it is the place where the event or
activity occurred and is sufficiently intact to convey that relationship to an
observer. Like feeling, association requires the presence of physical features that
convey a property’s historic character.
4
Improvement shall mean any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of such betterment,
including improvements on public property.
Individual landmark shall mean a site, structure or object eligible for designation,
or that has been formally designated, that has significance and which substantially
retains its exterior integrity. The property may have minor exterior alterations but
these alterations will notas long as such alterations have not substantially
compromised the site’s, structure’s or object’s exterior integrity.
Landmark or landmark district shall mean any site, structure, object or
improvement and its surrounding environs or a group of sites, structures, objects
or improvements or both and their surrounding environs:
(1) Which has a special character or special historic or aesthetic interest or
value as part of the development, heritage or cultural characteristics of the City,
State or Nation;
(2) Wherein any event of major historic significance with a measurable effect
upon society took place;
(3) Which is closely identified with a person or group of persons who have
had some measurable influence on society;
(4) Wherein the broad cultural, political, economic or social heritage of the
community is exemplified;
(5) Which faithfully portrays the environment of a group of people in an era
of history characterized by a distinctive architectural style or which embodies
those distinguishing characteristics of an architectural-type specimen or which is
the work of an architect or master builder whose individual work has influenced
the development of the City;
(6) Which, because of being a part of or related to a square, park or other
distinctive area, should be developed or preserved according to a plan based upon
a historic, cultural or architectural significance;
(7) Which, due to unique location or singular physical characteristic,
represents an established, familiar and significant visual feature of the
neighborhood, community or City;
(8) Officially designated as a Fort Collins landmark or Fort Collins landmark
district pursuant to the provisions of this Chapter.
Major alteration shall mean work that has the potential to substantially affecting
more than one (1) aspect of exterior integrity.
5
Minor alteration shall mean work that has the potential to substantially affecting
no more than one (1) aspect of exterior integrity.
Noncontributing/not eligible shall mean a site, structure or object whichthat does
not possess sufficient significance and/or exterior integrity necessary for
designation, and is considered noncontributing to a district, or not eligible to be
designated as an individual landmark.
Object shall mean a material thing of functional, aesthetic, cultural, historical or
scientific value that may be, by nature or design, movable.
Owner shall mean the owner of fee simple title as shown in the records of the
County Assessor.
Relocation shall mean moving all or part of a structure or object to a different
location.
Repair and maintenance shall mean work done on a site, structure or object in
order to correct any deterioration, decay or damage to any part thereof in order to
restore the same as nearly as practical to its condition prior to such deterioration,
decay or damage.
Resource shall mean any site, structure or object that is part of or constitutes a
property.
Significance shall mean the importance of a property as defined by the standards
for designation as a Fort Collins landmark or landmark district. The determination
of significance for the National or State Registers of Historic Places shall be in
accordance with the processes and procedures of the Colorado Historical Society.
Significant structure shall mean a house, commercial/
industrial building, barn, stable, granary, carriage house, chicken house or similar
structure.
Site shall mean the location of a significant event, a prehistoric or historic
occupation or activity, or a structure or object whether standing, ruined, or
vanished, where the location itself maintains historical or archeological value
regardless of the value of any existing structure.
Structure shall mean that which is built or constructed, an edifice or building of
any kind or any piece of work artificially built up or composed of parts joined
together in some definite manner.
Working day shall mean any day except Saturday, Sunday and any national, state
or local holiday (or day of observation) during which the Department of
Community Development and Neighborhood Services is not open for regular
business.
6
Sec. 14-2. Declaration of policy.
(a) It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of sites, structures, objects and districts of
historical, architectural or geographic significance, located within the City, are a
public necessity and are required in the interest of the prosperity, civic pride and
general welfare of the people.
(b) It is the opinion of the City Council that the economic, cultural and
aesthetic standing of this City cannot be maintained or enhanced by disregarding
the historical, architectural and geographical heritage of the City and by ignoring
the destruction or defacement of such cultural assets.
Sec. 14-3. Purpose.
The purposes of this Section are to:
(1) Designate, preserve, protect, enhance and perpetuate those sites,
structures, objects and districts which reflect outstanding elements of the City's
cultural, artistic, social, economic, political, architectural, historic or other
heritage;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Stabilize or improve aesthetic and economic vitality and values of such
sites, structures, objects and districts;
(4) Protect and enhance the City's attraction to tourists and visitors;
(5) Promote the use of outstanding historical or architectural sites, structures,
objects and districts for the education, stimulation and welfare of the people of the
City;
(6) Promote good urban design;
(7) Promote and encourage continued private ownership and utilization of
such sites, structures, objects or districts now so owned and used, to the extent
that the objectives listed above can be attained under such a policy.
Sec. 14-4. Staff.
The staff of the Commission shall consist of a secretary and such other staff as
may be authorized by the City. The secretary shall be the custodian of the records
of the Commission, shall handle official correspondence and shall generally
supervise the clerical and technical work of the Commission. The Director shall
act as secretary and staff liaison to the Commission.
7
Sec. 14-5. Standards for determining the eligibility for designation of
sites, structures, objects and districts for
preservationdesignation as Fort Collins Landmarks or
Landmark Districts.
Properties that possess exterior integrity are eligible for designation as Fort
Collins Landmarks or Fort Collins Landmark Districts if they meet one (1) or
more of the following standards for designation :
(1) The property is associated with events that have made a significant
contribution to the broad patterns of history; or
(2) The property is associated with the lives of persons significant in history; or
(3) The property embodies the distinctive characteristics of a type, period, or
method of construction, or that represents the work of a master, or possesses high
artistic values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
(4) The property has yielded, or may be likely to yield, information important in
prehistory or history.
Properties eligible for designation must possess both significance and exterior
integrity. In making a determination of eligibility, the context of the area
surrounding the property shall be considered.
(1) Significance is the importance of a site, structure, object or district
to the history, architecture, archeology, engineering, or culture of our
community, state or nation. Significance is achieved through meeting one
or more of four standards recognized by the U.S. Department of Interior,
National Park Service. These standards define how properties are
significant for their association with events or persons, in design or
construction, or for their information potential.
(2) Standards for determining significance:
a. Events. Properties may be determined to be significant if
they are associated with events that have made a recognizable
contribution to the broad patterns of the history of the community,
state or nation. A property can be associated with either (or both)
of two types of events:
1. A specific event marking an important moment in
Fort Collins prehistory or history; and/or
8
2. A pattern of events or a historic trend that made a
recognizable contribution to the development of the
community, state, or nation.
b. Persons/Groups. Properties may be determined to be
significant if they are associated with the lives of persons or
groups of persons recognizable in the history of the community,
state or nation whose specific contributions to that history can be
identified and documented.
c. Design/Construction. Properties may be determined to be
significant if they embody the identifiable characteristics of a type,
period, or method of construction; represent the work of a
craftsman or architect whose work is distinguishable from others
by its characteristic style and quality; possess high artistic values
or design concepts; or are part of a recognizable and
distinguishable group of properties. This standard applies to such
disciplines as formal and vernacular architecture, landscape
architecture, engineering, and artwork, by either an individual or a
group. A property can be significant not only for the way it was
originally constructed or crafted, but also for the way it was
adapted at a later period, or for the way it illustrates changing
tastes, attitudes, and/or uses over a period of time. Examples are
residential buildings which represent the socio-economic classes
within a community, but which frequently are vernacular in nature
and do not have high artistic values.
d. Information potential. Properties may be determined to be
significant if they have yielded, or may be likely to yield,
information important in prehistory or history.
(3) Exterior integrity is the ability of a site, structure, object or district to be
able to convey its significance. The exterior integrity of a resource is based on the
degree to which it retains all or some of seven (7) aspects or qualities established
by the U.S. Department of Interior, National Park Service: location, design,
setting, materials, workmanship, feeling, and association. All seven (7) qualities
do not need to be present for a site, structure, object or district to be eligible as
long as the overall sense of past time and place is evident.
(4) Standards for determining exterior integrity:
a. Location is the place where the historic property was constructed
or the place where the historic event occurred.
9
b. Design is the combination of elements that create the form, plan
space, structure, and style of a property.
c. Setting is the physical environment of a historic property. Whereas
location refers to the specific place where a property was built or an event
occurred, setting refers to the character of the place. It involves how, not
just where, the property is situated and its relationship to the surrounding
features and open space.
d. Materials are the physical elements that form a historic property.
e. Workmanship is the physical evidence of the crafts of a particular
culture or people during any given period in history or prehistory. It is the
evidence of artisans’ labor and skill in constructing or altering a building,
structure, or site.
f. Feeling is a property’s expression of the aesthetic or historic sense
of a particular period or time. It results from the presence of physical
features that, taken together, convey the property’s historic character.
g. Association is the direct link between an important historic event
or person and a historic property. A property retains association if it is the
place where the event or activity occurred and is sufficiently intact to
convey that relationship to an observer. Like feeling, association requires
the presence of physical features that convey a property’s historic
character.
(5) Context. The area required for evaluating a resource’s context is
dependent on the type and location of the resource. A house located in the middle
of a residential block could be evaluated in the context of the buildings on both
sides of the block, while a house located on a corner may require a different
contextual area. Upon the submittal of an application necessitating a
determination of eligibility for designation as a Fort Collins Landmark or
Landmark District, the Director of Community Development and Neighborhood
Services and/or the chair of the Commission shall determine the minimum area
required for evaluating context, and such information, including photographs and
other documents, as required for the determination.
Sec. 14-6. Process for determining the eligibility of sites, structures,
objects and districts for designation as Fort Collins
Landmarks or Landmark Districts.
(a) Application. An application for determining the eligibility of a site,
structure, object or district for designation as a Fort Collins Landmark or
Landmark District may be made by any resident of the City or owner of property
10
in the City on forms prescribed by the City. Said application shall be filed with
the Director. Within fifteen (15) days of the filing of such application, the
Director and the chair of the Commission (or a designated member of the
Commission appointed by the chair) shall determine the site, structure, object or
district's current level of eligibility (individual, contributing or not eligible) for
designation as a Fort Collins landmark based on the information contained in the
application and information provided by the staff of the City or others, which
determination shall be valid for five (5) years. The Director shall promptly
publish the determination in a newspaper of general circulation in the City, and
cause a sign to be posted on or near the structure stating that the building or
structure is undergoing historic review. Said sign shall be at least four (4) square
feet in size, readable from a point of public access and shall state that more
information may be obtained from the Director.
(b) Appeal of determination. Any determination made by the Director and the
chair of the Commission, or his or her designee, regarding the structure’s level of
eligibility may be appealed to the Commission by any resident of the City or
owner of property in the City. Such appeal shall be set forth in writing and filed
with the Director within fourteen (14) days of the date of the Director's
determination. The appeal shall include a Colorado Cultural Resource Survey
Architectural Inventory Form, prepared by an expert in historic preservation
acceptable to the Director and the applicant, with the cost of such form to be paid
by the appellant. Such form need not be filed with the appeal but must be filed at
least ten (10) days prior to the hearing of the appeal. The Director shall schedule a
date for hearing the appeal before the Commission as expeditiously as possible.
Not less than ten (10) days prior to the date of the hearing, the Director shall
provide the appellant with written notice of the date, time and place of the hearing
of the appeal, which notice shall be deposited in the U.S. Mail, and shall publish
notice of the hearing in a newspaper of general circulation in the City. In
addition, the Director shall cause a sign to be posted on or near the structure
stating that the building or structure is undergoing historic review. Said sign shall
be at least four (4) square feet in size, be readable from a point of public access,
and state that more information may be obtained from the Director.
Sec. 14-67. Waiver of conditions.
(a) Upon a showing of substantial hardship or to protect against an arbitrary
result, and following notice as provided in § 14-25, the Commission may waive
such conditions and requirements as are set forth in this Chapter provided the
Commission finds that the spirit and purpose of the Chapter are not significantly
eroded and that the requested waiver meets one or both of the following criteria:
(1) The requested waiver is the minimum necessary to accommodate
exceptional physical conditions or other extraordinary and exceptional situations
unique to the affected property, which may include, but are not limited to,
11
physical conditions such as exceptional narrowness, shallowness or topography,
and such difficulties or hardship are not caused by the act or omission of the
applicant; and/or
(2) The requested wavier as submitted will not diverge from the conditions
and requirements of this Chapter except in nominal and inconsequential ways, and
will continue to advance the purposes of this Chapter.
(b) Any finding made under Paragraph (1) or (2) above shall be supported by
specific findings showing how the proposal, as submitted, meets the requirements
and criteria of said Paragraph (1) or (2).
Sec. 14-8. Offenses against historic property.
(a) Except as may be authorized pursuant to this Chapter 14 or the provisions
of the Land Use Code, no person shall damage, deface, or destroy any site,
structure or object that is designated as a Fort Collins, state or national historic
landmark or that is a contributing structure to any Fort Collins or national
landmark district, or that is undergoing any of the processes provided for in this
Chapter 14.
(b) Except in response to a bona fide determination of imminent threat under
§ 14-51, no person shall deviate from or fail to comply with any approved plan of
protection for any historic resource that is required under this Chapter 14 or the
Land Use Code.
Sec. 14-9. Appeal of decisions.
Final decisions of the Commission shall be subject to the right of appeal to the
City Council as set forth in § 2-46 et seq. unless otherwise provided. Any action
taken in reliance upon any decision of the Commission that is subject to appeal
under the provisions of this Chapter shall be at the sole risk of the person(s)
taking such action, and the City shall not be liable for any damages arising from
any such action taken during said period of time.
Sec. 14-10. Severability.
It is hereby declared to be the legislative intent of the City Council that the
provisions of this Chapter shall be severable in accordance with the provisions set
forth below:
(1) If any provision of this Chapter is declared to be invalid by a decision of
any court of competent jurisdiction, the effect of such judicial decision shall be
limited to that provision which is expressly stated in the decision to be invalid.
12
Such decision shall not affect, impair or nullify this Chapter as a whole or any
other part, and the rest of this Chapter shall continue in full force and effect.
(2) If the application of any provision of this Chapter to any lot, structure or
other improvement or a tract of land is declared to be invalid by a decision of any
court of competent jurisdiction, the effect of such judicial decision shall be
limited to that lot, structure or other improvement or tract of land immediately
involved in the controversy, action or proceeding in which the judgment or decree
of invalidity was rendered. Such decision shall not affect, impair or nullify this
Chapter as a whole or the application of any provision to any other lot, structure
or other improvement or tract of land.
Secs. 14-711 – 14-20. Reserved
Section 2. That Article II of Chapter 14 of the Code of the City of Fort
Collins is hereby repealed and reenacted to read as follows:
ARTICLE II.
DESIGNATION PROCEDURE
Sec. 14-21. Initiation of designation procedure.
Whenever in the opinion of the Commission, upon its own motion or upon
application of any citizen of or owner of property in the city, a site, structure,
object or district meets the criteria of a landmark or landmark district, the
Commission shall contact the owner or owners of such landmark or landmark
district outlining the reasons and effects of designation as a landmark and, if
possible, shall secure the owner's consent to such designation. If the Commission
is unable to personally contact such owner, it shall be sufficient to send a written
request for the consent to designation of such property by certified or registered
mail, return receipt requested, addressed to the owner of the property as shown on
the most recent records of the county Assessor at the address shown on such
records. Following such contact, if an owner does not consent to such designation
of the property within fifteen (15) days from the date of receipt of the request for
consent to designation, the Commission, upon the affirmative vote of at least five
(5) of its members may proceed by officially adopting a resolution stating that the
preliminary investigation by the Commission indicates that the described property
is eligible for designation as a landmark or landmark district and the reason the
Commission feels that it should proceed without the consent of the owner to such
designation and scheduling a public hearing by the Commission on the question
of designation, hereinafter called a designation hearing, at a specified time, date
and place and directing that the notice of hearing be given as described in § 14-22
below. If the owner consents in writing to such designation, the Commission,
upon the affirmative vote of a majority of the members present, may adopt a
resolution recommending to the City Council the designation of the landmark or
13
landmark district without the necessity of notice and without the review by the
Department of Community Development and Neighborhood Services required by
§ 14-23 below. All applications submitted in accordance with this Section shall
include a description of the property proposed for designation and a detailed
outline of the reasons why such property should be designated and why the
boundaries of the property should be determined as described in the application.
The landmark designation process may be initiated by motion of the Commission
or upon application of the owner(s) of the property to be designated, or of any
three (3) or more residents of the City. All applications submitted in accordance
with this Section shall include a description of the property proposed for
designation and a detailed outline of the reasons why such property should be
designated and why the boundaries of the property should be determined as
described in the application. The Commission shall promptly determine whether
the site, structure, object or district meets the criteria of a landmark or landmark
district, and, if so, direct staff to investigate the benefits to the City of landmark
designation. If the owner is not the applicant, the Director shall contact the owner
or owners of such landmark or landmark district outlining the reasons and effects
of designation as a landmark and, if possible, shall secure the owner's consent to
such designation. If the Director is unable to personally contact such owner(s), it
shall be sufficient to send a written request for the consent to designation of such
property by certified or registered mail, return receipt requested, addressed to the
owner(s) as shown on the most recent records of the County Assessor at the
address shown on such records.
Sec. 14-22. Hearing process.
(a) If all owners of the property to be designated consent in writing to such
designation, the Commission, upon the affirmative vote of a majority of the
members present, may adopt a resolution recommending to the City Council the
designation of the landmark or landmark district without the necessity of notice or
hearing and without the review by the Department of Community Development
and Neighborhood Services required by § 14-24 below.
(b) If all owners of the property to be designated do not consent to designation
of the property within fifteen (15) days from the date of receipt of the request for
consent to designation, the Commission shall hold a hearing at a specified time,
date and place, following the giving of notice as described in § 14-23. The
purpose of said hearing shall be to determine whether to proceed with
consideration of the designation process without the consent of one (1) or more
owners of the property. Upon the affirmative vote of at least six (6) of its
members at the hearing, the Commission may adopt a resolution stating that the
preliminary investigation by the Commission indicates that the described property
is eligible for designation as a landmark or landmark district, and stating the
reason the Commission feels that it should further consider the possible
14
designation of the property without the consent of the owner(s). The Commission
shall then schedule a second public hearing as described in Subsection (c).
(c) Upon determination by the Commission under Subsection (b) that it
should further consider the designation of the property, and following the giving
of notice as described in § 14-23, the Commission shall hold a second hearing. At
least six (6) members of the Commission must be present at such hearing. If at
least six (6) members are not present, the members present shall adjourn the
meeting to another date within two (2) weeks. If at least six (6) members are not
present at such adjourned meeting, the hearing shall be canceled and the
designation procedure terminated. If any hearing is continued, the time, date and
place of the continuation shall be established and announced to those present
when the current session is to be adjourned. Such information shall be promptly
forwarded, by regular mail, to the owners of record as established and addressed
pursuant to § 14-23.
(d) Reasonable opportunity shall be provided for all interested parties to
express their opinions at the foregoing hearings regarding the proposed
designation(s). However, nothing contained herein shall be construed to prevent
the Commission from establishing reasonable rules to govern the proceedings of
the hearings or from establishing reasonable limits on the length of individual
presentations. The hearings shall be recorded and minutes provided to each City
Councilmember. Written presentations, including the report of the Department of
Community Development and Neighborhood Services as described in § 14-24,
shall be included in the record of the hearing.
Sec. 14-223. Notice of hearing.
Notice of designationthe hearings referenced in § 14-22 shall be given as follows:
(1) Written notice of the time, date, place and subject of the hearing shall be
sent by registered or certified mail not less than thirty (30) days prior to the
hearing to all owners of record on the date of the resolution who own the real
property being proposed for designation as a landmark or landmark district. Such
notice shall be deemed delivered upon the passage of five (5) days from the
deposit of the notice in the mail.
(2) Signs indicating that recommendation for landmark designation is being
considered by the Commission shall be posted by the Commission for a period of
not less than fifteen (15) days immediately preceding the applicable hearing on all
property proposed for landmark designation and/or on the boundaries of all areas
proposed for landmark district designations. Such signs shall be prominently
displayed and easily readable from abutting public ways.
15
(3) A legal notice indicating the nature of the hearings, the property involved
and the time, date and place of the scheduled public hearing shall be published in
a local newspaper of general circulation one (1) time at least fifteen (15) days
prior to the hearing.
(4) Written notice of the proposed landmark designation, including the
identification of the property, the basis for commencing with the designation
procedure and the time, date and place of the hearing, shall be given to the
Director not later than thirty (30) days prior to the hearing.
Sec. 14-234. Department of Community Development and Neighborhood
Services review.
(a) The Department of Community Development and Neighborhood Services
shall review the proposed designation with respect to:
(1) Its relationship to the zoning ordinance of the City and the
Comprehensive Plan of the City;
(2) The effect of the designation upon the surrounding neighborhood;
(3) Such other planning considerations as may be relevant.
(b) The Department of Community Development and Neighborhood Services
may recommend approval, rejection or modification of the proposed designation
and its recommendation shall contain a statement of the basis for the
recommendation. The recommendation shall be delivered to the Commission in
written form at or prior to the any hearing held under Subsection 14-22(c).
Sec. 14-25. Hearing.
(a) At least five (5) members of the Commission shall conduct the hearing. If
at least five (5) members are not present, the members present may adjourn the
meeting to another date within two (2) weeks. If at least five (5 members are not
present at such adjourned meeting, the hearing shall be canceled and the
designation procedure terminated. If any hearing is continued, the time, date and
place of the continuation shall be established and announced to those present
when the current session is to be adjourned. Such information shall be promptly
forwarded, by regular mail, to the owners of record as established and addressed
pursuant to § 14-22.
(b) Reasonable opportunity shall be provided for all interested parties to
express their opinions regarding the proposed designation or designations.
However, nothing contained herein shall be construed to prevent the Commission
from establishing reasonable rules to govern the proceedings of the hearings or
16
from establishing reasonable limits on the length of individual presentations. The
hearings shall be recorded and minutes provided to each City Council member.
Written presentations, including the report of the Department of Community
Development and Neighborhood Services, shall be included in the record of the
hearing.
Sec. 14-265. Findings and recommendations of the Commission.
The Commission shall, act officially on each proposed designation within thirty-
five (35) days of the a hearing held under Subsection 14-22(c), adopt a
recommendation to the City Council regarding the application for designation.
The Commission may recommend modification of approve, reject or modify any
proposal, but no proposal may be extended beyond the boundaries of the land
described in the original resolutionapplication unless the initiation and hearing
procedures is are repeated for the enlarged boundaries. The Commission shall set
forth in its records the findings of fact whichthat constitute the basis for its
decisionrecommendation. If the Commission fails to act within the thirty-five-day
period, the designation shall be deemed to have been rejected and the designation
procedure shall thereby be terminated.
Sec. 14-276. Transmittal to City Council.
(a) Within fifteen (15) days after reaching its decision, the Commission shall
transmit to the City Council its recommendation on the designation of a landmark
or landmark district, including the description of the property involved and the
findings upon which the recommendation was based.
(b) If more than one (1) property is involved in the designation procedure, the
Commission may approve in part and terminate in partrecommend designation for
any or all of the properties involved. Each part shall then be treated as a separate
action. In no event may any property be added to the area described in the
initiation resolution without instituting a new designation procedure.
Sec. 14-287. City Council action.
Upon receipt of the recommendations transmitted by the Commission, the City
Council may by ordinance designate property as a landmark or landmark district.
Due consideration shall be given to the written view of owners of affected
property, and in its discretion the City Council may hold public hearings on any
proposed landmark or landmark district designation. If the City Council does not
so designate a property, then any pending application for a thepermit to alter or
demolish the structure on the property may be approved without the necessity of
compliance with Article IV of this Chapter.
17
Sec. 14-298. Recording with County Clerk.
Within fifteen days of the effective date of an ordinance designating property as a
landmark or landmark district, the City shall record among the real estate records
of the County Clerk and Recorder either:
(1) A certified copy of the ordinance designating the specified property as a
landmark or landmark district; or
(2) A notice stating that the specified property has been designated as a
landmark or landmark district and citing the ordinance and the effective date of
the ordinance which made the designation effective. The notice may also contain
a brief summary of the effects of such designation as set forth in this Chapter.
Sec. 14-3029. Final notification to owner.
Within ten (10)fourteen (14) days after the recording of the ordinance or the
notice of designation of property as a landmark or landmark district, the secretary
of the CommissionDirector shall send to the owner of each property so designated
a letter outlining the reasons for such designation and the obligations and
restrictions created by such designation. Such letter shall also contain a request
that the owner or his or her successors or assigns notify the secretary of the
CommissionDirector prior to:
(1) Preparation of plans for the reconstruction or alteration of the
exterior of improvements located on such property;
(2) Preparation of plans for the construction, exterior alteration,
relocation or demolition of improvements on such property.
Sec. 14-2430. Interim control.
No building permit shall be issued by the Department of Community
Development and Neighborhood Services for the alteration, construction, exterior
alteration, relocation or demolition of a site, structure or object under
consideration for landmark designation or any site, structure or object within a
district under consideration for landmark district designation from the date of the
hearing of the Commission at which the Commission approves a motion directing
staff to investigate the benefits to the City of landmark designation under §14-21
until final disposition of the designation by the City Council unless such
alteration, construction, relocation or demolition is approved by a motion of the
Commission as not having an adverse effect on the property’s eligibility for
designation, or is authorized by resolution of the City Council as necessary for
public health, welfare or safety. In no event shall the delay in issuance of a
18
building permit due to the provisions of this Section be for more than one hundred
eighty (180) days.
Sec. 14-31. Amendment or rescission of designation.
A landmark and landmark district designation may be amended or rescinded in
the same manner as the original designation was made.
Sec. 14-5832. Notification of state or national designation.
The Director shall promptly notify the Commission of any known national or state
designations which occur within the City.
Secs. 14-323 – 14-45. Reserved.
Section 3. That Article III of Chapter 14 of the Code of the City of Fort Collins is
hereby amended to read as follows:
ARTICLE III.
CONSTRUCTION, EXTERIOR ALTERATIONS, OR DEMOLITIONS AND
RELOCATIONSOF DESIGNATED HISTORIC RESOURCES
Sec. 14-46. Work requiring building permit.
(a) Except as provided in § 14-51, Aaction on an application for a building
permit, including any permit for the demolition of for a structure or object
designated as a landmark or located in a landmark district, shall be deferred by the
Director of Building and Zoning except as provided in § 14-52 until the
application is accompanied by a report of acceptability from the Commission for
the proposed work, when the proposed work involves any of the following:
(1) Alteration or reconstruction of or addition to the exterior of any
improvement which constitutes all or part of a landmark or landmark
district;
(2) Demolition or relocation exterior alteration of any improvement or
object which constitutes all or part of a landmark or landmark district;
(3) Construction or erection of or addition to any improvement upon
any land included in a landmark district.
(b) In order to obtain a report of acceptability, the applicant shall submit the
application for a building permit, including sketches, and plans. Such plans shall
include, without limitation, a plan of protection acceptable to the Commission
19
showing how the applicant will ensure that no damage will occur to any historic
resources on or adjacent to the site, and other documents as required by the
Commission, to the Commission through the Director. All such applications shall
be reviewed by the Commission in two (2) phases to determine compliance with
this Chapter as follows:
(1) Conceptual review. Conceptual review is an opportunity for the
applicant to discuss requirements, standards, design issues and policies
that apply to landmarks or sites, structures and objects within a landmark
district. Problems can be identified and solved prior to final review of the
application. After review of the application by the Commission, the
Director shall furnish the applicant with written comments regarding the
conceptual review. Conceptual approvalreview of any proposed work may
be limited to certain portions of the work as deemed appropriate by the
Commission. Conceptual approvalreview does not guarantee final
approval of any proposed work. If, upon review of the proposed work, the
Commission determines that conceptual review is not necessary given the
absence of a significant impact on the landmark or landmark district
involved, it may be waived by the Commission, and the Commission may
then proceed to consider the proposed work on final review at the same
meeting.
(2) Final review and approval. If anEach application or parts thereof
is conceptually approvedreviewed, it shall be finally reviewed and
approved by the Commission at the same meeting as the Commission’s
conceptual review of the application, if any or at a subsequent meeting of
the Commission. During final review, the Commission shall consider the
application or parts thereof that have received conceptual approval and
any changes made by the applicant since conceptual review as set forth in
this Subsection.
Sec. 14-47. Work not requiring building permit; application for approval.
(a) Except as otherwise provided herein, no land surface within any real
property designated as a landmark or landmark district shall be changed and no
improvements shall be erected, removed, restored, demolished or altered,
including alterations of color, without prior written approval of the Commission.
No addition shall be made to any real property designated as a landmark or
landmark district in such a manner or of such a character as to change the exterior
appearance or exterior characteristics which change shall be visible from any
public street, park or other public place, without prior written approval of the
Commission.
(b) Any person desiring to remove, demolish, or in any way change the
exterior appearance or the exterior characteristics of improvements on real
20
property designated as a landmark or in a landmark district or desiring to change
the land surface of any such real property, shall submit to the Commission an
application for approval and a specific statement of the work proposed, together
with such details as the Commission may require.
Sec. 14-48. Approval of proposed workReport of Acceptability.
(a) If upon receipt of an application for a building permitreport of
acceptability pursuant to § 14-46, or upon receipt of an application pursuant to §
14-47, the Commission finds that the proposed work is of a nature whichthat will
not erode the authenticity or destroy any distinctive exterior feature or
characteristic of the improvements or site and is compatible with the distinctive
characteristics of the landmark or landmark district and with the spirit and
purpose of this Chapter, the Commission shall advise the applicant in writing by
issuing a report of acceptability and shall affix its seal to the plans and
specifications for the approved work. In the case of an application for a building
permit,under § 14-46, upon receipt of the Commission's report of acceptability
and approved plans and specifications, the Director of Building and Zoning
shallmay proceed with the review of the application for a building permit. No
change whichthat would defeat the purpose of this Chapter shall be made in an
application for a building permit or the plans and specifications for the proposed
work approved by the Commission without resubmittal to the Commission and
approval of such changes in the same manner as the original application.
(b) In determining the decision to be made concerning the issuance of a report
of acceptability, the Commission shall consider the following criteria:
(1) The effect of the proposed work upon the general historical and/or
architectural character of the landmark or landmark district;
(2) The architectural style, arrangement, texture and materials of
existing and proposed improvements, and their relation to the landmark or
the sites, structures and objects in the district;
(3) The effects of the proposed work in creating, changing, obscuring
or destroying the exterior characteristics of the site, structure or object
upon which such work is to be done;
(4) The effect of the proposed work upon the protection, enhancement,
perpetuation and use of the landmark or landmark district;
(5) The extent to which the proposed work meets the standards of the
City and the United States Secretary of the Interior then in effect for the
preservation, reconstruction, restoration or rehabilitation of historic
resources.
21
Sec. 14-48.549. Work not detrimental to historic, architectural or
cultural material; administrative process.
(a) Any work whichthat would otherwise qualify for consideration under the
procedures established in § 14-46 or 14-47 of this Article may, at the option of the
applicant and with the consent of the chair of the Commission, be considered
administratively by the Director. The Director may only consider, under the
authority of this Section, applications for approval of color selection from a
historically authentic palette of colors, signs, awning re-coverings and minor
exterior alterations changes to a landmark or a site, structure or object located in a
landmark district that would not remove, cover, alter or destroy any significant
historic, architectural or cultural material. The Director may, under the authority
of this Section, consider changes originally initiated by the applicant as well as
changes to plans previously approved by the Commission. Any application
submitted to the Director under the authority of this Section shall be in writing
and shall contain a specific statement of the work proposed, together with such
details as the Director may require.
(b) If, upon receipt of any such application, the Director finds that the
proposed work will not remove, cover, alter or destroy any significant historic,
architectural or cultural material and is compatible with the distinctive
characteristics of the landmark or landmark district and with the spirit and
purpose of this Chapter, and complies with all of the criteria for review
established in § 14-48(b) above, the Director shall render a written decision
approving the work, and shall affix his or her signature to the plans and
specifications for the approved work. The Director shall also promptly publish the
decision in a newspaper of general circulation in the City. In the case of an
application under § 14-46for a building permit, the Director of Building and
Zoning shall proceed with the review of the building permit application only upon
receipt of the Director's decision and approved plans and specifications. No
change shall be made in any such application for a building permit or in the plans
and specifications for work approved by the Director unless such changes are
submitted to and approved by the Director in the same manner as the original
application. The proposed work shall not be commenced until the Director has
issued the decision approving the work and a building permit (if applicable) has
been issued.
(c) Decisions of the Director made under the authority of this Section may be
appealed to the Commission by the applicant, provided that any such appeal shall
be set forth in writing and filed with the Director within fourteen (14) days of the
date of the Director's decision. The Commission shall schedule a date for hearing
the appeal before the Commission as expeditiously as possible. The Commission
shall provide the appellant with written notice of the date, time and place of the
hearing of the appeal, which notice shall be deposited in the U.S. Mail not less
than five (5) days prior to the date of the hearing, and shall also publish notice of
22
the hearing in a newspaper of general circulation in the City not less than ten (10)
days prior to the date of the hearing. Any action taken in reliance upon the
decision of the Director shall be totally at the risk of the persons taking such
action until all appeal rights related to such decision have been exhausted, and the
City shall not be liable for any damages arising from any such action taken during
said period of time.
Sec. 14-49. Signs.
(a) Any person desiring to remove, demolish, erect, restore or alter any sign,
including alteration of color, on any real property designated as a landmark or in a
landmark district, shall submit to the Director an application for approval and a
specific statement of the work proposed, together with such details as the Director
may require.
(b) If, upon receipt of any such application, the Director finds that the
proposed work is of a nature which will not erode the authenticity or destroy any
distinctive exterior feature or characteristic of the improvements and is
compatible with the distinctive characteristics of the landmark or landmark
district and with the spirit and purpose of this Chapter, the Director shall advise
the applicant in writing by issuing a report of acceptability and shall affix his or
her signature to the plans and specifications for the approved work. In the case of
an application for a building permit, the Director of Building and Zoning shall
proceed with the review of the application only upon receipt of the Director's
report of acceptability and approved plans and specifications. No change shall be
made in any such application for a building permit or in the plans and
specifications for work approved by the Director unless such changes are
submitted to and approved by the Director in the same manner as the original
application.
(c) In deciding whether to issue a report of acceptability, the Director shall
consider the following criteria:
(1) The effect of the proposed sign upon the general historical and/or
architectural character of the landmark or landmark district.
(2) The design and construction, arrangement, texture and materials of
the proposed sign, its relation to the structure, site or object on which it
will be attached, and its relation to other improvements and signs within
the district.
(3) The effect of the proposed sign in obscuring, changing or
destroying the exterior characteristics of the structure, site or object upon
which it will be attached.
23
(4) The effect of the proposed sign upon the protection, enhancement,
perpetuation and use of the landmark or landmark district.
(5) The recommendations of the adopted Design Guidelines for
Historic Old Town Fort Collins for sign proposals within The Old Town
Historic District, and the design guidelines for local landmarks outside
The Old Town Historic District adopted by the Commission on June 4,
1986.
(d) Decisions of the Director regarding the acceptability of applications for
the erection, removal, restoration, demolition or alteration of signs may be
appealed to the Commission, provided that any such appeal shall be set forth in
writing and filed with the Director within fourteen (14) days of the date of the
decision of the Director. The Director shall schedule a date for hearing the appeal
before the Commission as expeditiously as possible. The Director shall provide
the appellant written notice of the date, time and place of the hearing of the
appeal, which notice shall be deposited in the U.S. Mail not less than five (5) days
prior to the date of the hearing.
Sec. 14-50. Denial of building permit.
If the proposed work is not approved by the Commission, the Director of Building
and Zoning shall deny the application for the building permit and shall advise the
applicant. No reapplication shall be submitted pursuant to § 14-46 et seq., under
the original plans and specifications found unacceptable by the Commission
except upon a showing of changed circumstances sufficient to justify the
reapplication.
Sec. 14-51. Action of Commission on unacceptable proposed work.
(a) If the proposed work is not acceptable, the Commission, acting with all
due diligence, shall explore with the applicant all means for substantially
preserving the landmark site, structure or object, or landmark district which would
have been affected by the required permit. These investigations may include, by
way of example and not of limitation:
(1) Feasibility of modification of the plans;
(2) Feasibility of any alternative private use of the site, structure or
object which would substantially preserve the original character;
(3) Possibility of public acquisition for a public purpose of the site,
structure or object involved.
(b) If the Commission is unsuccessful in developing either alternate plans or
an appropriate public or private use for such site, structure or object, which are
24
acceptable to the applicant, it shall notify the owner and the Director of Building
and Zoning in writing. No work, erection, construction, reconstruction or
alterations or demolitions of landmarks or sites, structures or objects in landmark
districts shall be allowed except upon approval of the Commission as provided in
this Chapter.
Sec. 14-521. Remedying of dangerous conditions.
In any case where the Director of Building and Zoning, the Poudre Fire Authority
or any other public authority having the powerproperly authorized public official
or employee, orders or directs the construction, reconstruction, alteration, repair,
relocation or demolition of any landmark improvementstructure that has been
designated as a Fort Collins or national landmark, or any structure located in a
Fort Collins or national landmark district, or any structure that has been
determined under this Chapter to be eligible for designation as a contributing
element of such district, for the purpose of remedying conditions determined by
that officer, department or authority to be imminently to constitute dangerous an
imminent threat to life, health or property, nothing contained herein shall be
construed as making it unlawful for any person to comply with such order. Any
such officer, department or authority shall take immediate steps to notify the
Commission of the proposed issuance of any such order or directive and may
include in such order or directive any timely received requirements or
recommendations of the Commission.
Sec. 14-54. Appeal of decisions.
Decisions of the Commission regarding the acceptability of applications for
building permits under § 14-46 or applications for approval of work not requiring
a building permit under § 14-47, or appeals of applications regarding signs under
§ 14-49, shall be considered final decisions within the meaning of § 2-46 et seq.;
and such decisions shall be subject to the right of appeal to the City Council as set
forth in § 2-46 et seq.
Sec. 14-55. Extension of time limits.
Any time limit set forth in this Chapter may be extended by mutual consent of the
Commission and the applicant, or the Commission, the Department of
Community Development and Neighborhood Services and the applicant,
whichever is applicable.
Sec. 14-562. Normal maintenance and repair.
Nothing in this Chapter shall be construed to prohibit the accomplishment of any
work on any landmark or in any landmark district which will neither change the
exterior appearance nor the exterior characteristics of improvements, nor the
25
character or appearance of the land itself and which is considered necessary as a
part of normal maintenance and repair.
Sec. 14-573. Minimum maintenance requirements.
(a) All sites, structures or objects designated as landmarks and all sites,
structures or objects located within a landmark district shall be maintained in such
fashion as to meet the requirements of the International Property Maintenance
Code or the Uniform Code for Building Conservation, as adopted by the City. The
owner of such sites, structures or objects shall also keep in good repair all
structural elements thereof which, if not so maintained, may cause or tend to
cause the exterior portions of such sites, structures or objects to deteriorate, decay
or become damaged or otherwise to fall into a state of disrepair which would have
a detrimental effect upon the historic character of such sites, structures or objects
or the landmark districts, if any, in which they are situated.
(b) The Commission may request that the Director of Building and Zoning
require correction of defects or repairs to any sites, structures or objects regulated
by this Section.
Sec. 14-58. Notification of state or national designation.
The Director shall promptly notify the Commission of any known national or state
designations which occur within the City.
Sec. 14-594. Violations and penalties.
Any person violating any provision of this Chapter shall be subject to the penalty
provided in § 1-15. In case any improvement is erected, constructed,
reconstructed, altered, added to or demolished in violation of this Chapter, the
City or any proper person may institute an appropriate action or proceeding to
prevent such unlawful action. The imposition of any penalty hereunder shall not
preclude the City or any proper person from instituting any proper action or
proceeding to require compliance with the provisions of this Chapter and with
administrative orders and determinations made hereunder.
Sec. 14-6055. Severability.
It is hereby declared to be the legislative intent that the several provisions of this
Chapter shall be severable in accordance with the provisions set forth below:
(1) If any provision of this Chapter is declared to be invalid by a decision of
any court of competent jurisdiction, it is hereby declared to be the legislative
intent that the effect of such decision shall be limited to that provision which is
expressly stated in the decision to be invalid. Such decision shall not affect,
impair or nullify this Chapter as a whole or any other part, but the rest of this
Chapter shall continue in full force and effect;
26
(2) If the application of any provision of this Chapter to any lot, structure or
other improvement or a tract of land is declared to be invalid by a decision of any
court of competent jurisdiction, it is hereby declared to be the legislative intent
that the effect of such decision shall be limited to that lot, structure or other
improvement or tract of land immediately involved in the controversy, action or
proceeding in which the judgment or decree of invalidity was rendered. Such
decision shall not affect, impair or nullify this Chapter as a whole or the
application of any provision to any other lot, structure or other improvement or
tract of land.
Secs. 14-6156 – 14-70. Reserved.
Section 4. That Article IV of Chapter 14 of the Code of the City of Fort
Collins is hereby amended to read as follows:
ARTICLE IV.
DEMOLITION OR RELOCATION EXTERIOR ALTERATION OF HISTORIC
STRUCTURES NOT DESIGNATED AS FORT COLLINS LANDMARKS OR
LOCATED IN A FORT COLLINS LANDMARK DISTRICT
Sec. 14-71. General.
(a) This Article shall not apply to any structure designated as a Fort Collins
landmark or located in a Fort Collins landmark district.
(b) With the exception of any structure found to pose an imminent threat
under Section 14-51 Section 109.1 of the International Property Maintenance
Code as adopted and amended by the City, or any structure designated as a Fort
Collins landmark or located in a Fort Collins landmark district, no structure (or
portion thereof) fifty (50) years of age or older whichthat meets one (1) or more
of the criteriastandards of eligibility contained in § 14-5 of this Code may be
demolished or its exterior altered nor shall any permit for such demolition or
alteration be issued unless the owner of such structure has complied with the
provisions of this Section and § 14-72 below. (This Article shall not apply to
interior demolition or alteration activities not visible from any public street, park
or other public place, or to demolition or alteration activities as they affect the
surface or subsurface of the ground, or any archeological impacts pertaining
thereto.)
Sec. 14-72. Procedures for review of applications for demolition or
exterior alteration.
(a) The owner of any structure governed by this Article shall make
application for City approval of the demolition or exterior alteration of such
27
structure (or portion thereof) on forms prescribed by the City. Said application
shall be filed with the Director. Within fourteen (14) days of the filing of such
application, the Director and the chair of the Commission, (or a designated
member of the Commission appointed by the chair, who shall in this Section be
referred to as “designee’), shall determine if the proposed work constitutes a
demolition or a minor or major alteration of the exterior.
(b) If the Director and chair of the Commission (or designee) agree that the
proposed work is a minor alteration, then the application shall be approved, and
any such approval shall not be subject to appeal. If the work is determined to be a
demolition or major alteration, the Director and the chair of the Commission (or
designee) shall either refer the matter to the Commission or Design Review
Subcommittee pursuant to Subsection (c), or shall determine whether either
Paragraphs (1) or (2) are met:
(1) the structure (or portion thereof), is not eligible for individual
designation as a Fort Collins landmark, and the structure is not designated
on the National Register of Historic Places and/or State Registers of
Historic Places Properties, either individually or as a contributing element
of a National and/or State Register district; or
(2) both of the following conditions are met:
a. the structure (or portion thereof) is eligible for individual
designation as a Fort Collins landmark, or the structure is
designated on the National and/or State Registers of Historic
Places, either individually or as a contributing element of a
National and/or State Register district; and
b. the proposed demolition or exterior alteration of the
structure (or portion thereof), in the judgment of the Director and
the chair of the Commission (or designee), would not be
detrimental to the current level of eligibility of the remaining
structure, if any, adjacent properties, the surrounding neighborhood
and the National and/or State Register district in which the
structure is located, if any.
If the Director and chair of the Commission (or designee) so determine, then the
application shall be approved.
(c) If the application is not approved pursuant to Paragraphs (1) or (2), above,
the application shall be considered by the Commission pursuant to Subsection (f),
below, unless the Director or the chair of the Commission, with the consent of the
28
applicant, refers the application to the Design Review Subcommittee of the
Commission. The decision to refer is not an appealable decision.
(d) If the application is referred to the Design Review Subcommittee, the
Director shall schedule a meeting on the application before the Design Review
Subcommittee as expeditiously as practical following receipt of the information
required under Subsection 14-46(b) and any other documents required by the
Design Review Subcommittee. At the meeting, the Design Review Subcommittee
shall explore with the applicant all means for substantially preserving the
eligibility of the structure which would be affected by the requested permit.
(1) In making a determination concerning the proposal, the
Subcommittee shall consider the following criteria:
a. the effect of the proposed work upon the general historical
and/or architectural character of the landmark or landmark district;
b. the architectural style, arrangement, texture and materials
of existing and proposed improvements, and their relation to the
landmark or the sites, structures and objects in the district;
c. the effects of the proposed work in creating, changing,
obscuring or destroying the exterior characteristics of the site,
structure or object upon which such work is to be done;
d. the effect of the proposed work upon the protection,
enhancement, perpetuation and use of the landmark or landmark
district; and
e. the extent to which the proposed work meets the standards
of the City and the United States Secretary of the Interior for the
preservation, reconstruction, restoration or rehabilitation of historic
resources.
(2) If the Design Review Subcommittee unanimously agrees on
alternative plans acceptable to the applicant, it shall provide the Director
with a written approval of such alternative plans, and any permit for the
project shall include such alternative plans.
(3) If the Design Review Subcommittee does not so agree, then the
application shall be referred to the Commission for review under § 14-
72(f).
29
(e) Any determination made pursuant to Section 14-72(b) by the Director and
the chair of the Commission (or his or her designee) or made by the Design
Review Subcommittee pursuant to Section 14-72(d), may be appealed to the
Commission by any resident of the City or owner of property in the City. Such
appeal shall be set forth in writing and filed with the Director within fourteen (14)
days of the decision being appealed. The appeal shall include a Colorado Cultural
Resource Survey Architectural Inventory Form, prepared by an expert in historic
preservation acceptable to the Director and the applicant, with the cost of such
form to be paid by the appellant. Such form need not be filed with the appeal but
must be filed at least ten (10) days prior to the hearing of the appeal. The
Commission shall schedule a date for hearing the appeal before the Commission
as expeditiously as possible. Not less than ten (10) days prior to the date of the
hearing, the Commission shall provide the appellant with written notice of the
date, time and place of the hearing of the appeal, which notice shall be deposited
in the U.S. Mail, and shall publish in a newspaper of general circulation in the
City notice of the hearing. In addition, the Commission shall cause a sign to be
posted on or near the structure proposed for demolition or exterior alteration
stating that the building or structure is undergoing historic review. Said sign shall
be at least four (4) square feet in size, readable from a point of public access and
shall state that more information may be obtained from the Director.
(f) If a demolition or exterior alteration permit application has been referred
to the Commission under Subsection (c), then the application shall be processed
and considered in accordance with this Subsection.
(1) All applications under Section14-72(f) shall be accompanied by
the payment of a fee in the amount of two hundred fifty dollars ($250.) to
cover the costs of processing the request for demolition or exterior
alteration at the final hearing before the Commission and shall contain
such information as the Director reasonably believes is necessary for a full
and complete consideration of the request, which information shall
include, but need not be limited to:
a. A Colorado Cultural Resource Survey Architectural
Inventory Form prepared by an expert in historic
preservation, acceptable to the Director and the applicant,
with the cost of such form and report to be paid by the
applicant;
b. Detailed plans and specifications describing and depicting
the appearance of the site, structure or object that is the
subject of the application, in context, after the proposed
alteration or demolition;
30
c. Evidence satisfactory to the Director that all administrative
and quasi judicial approvals necessary to accommodate the
proposed demolition or alteration have been obtained.
d. A plan of protection acceptable to the Commission showing
how the applicant will ensure that no damage will occur to
any historic resources on or adjacent to the site.
(2) The Director shall schedule a date for any hearing to be held by the
Commission under this Paragraph as expeditiously as possible and shall
provide the applicant with written notice of the date, time and place of the
hearing, which notice shall be deposited in the U.S. Mail not less than ten
(10) days prior to the date of the hearing, and shall publish in a newspaper
of general circulation in the City notice of the hearing not less than ten
(10) days prior to the date of the hearing.
(3) Not less than thirty (30) days prior to the hearing of the
Commission, the applicant shall:
a. Cause a sign to be posted on or near the structure proposed
for demolition or exterior alteration, stating that the building or
structure is undergoing historic review. Said sign shall be at least
four (4) square feet in size, readable from a point of public access
and shall state that more information may be obtained from the
Director.
b. Request that the City generate a list of owners of record of
all real property within a minimum of eight hundred (800) feet
(exclusive of public rights-of-way, public facilities, parks or public
open space) of the property lines of the parcel of land upon which
the structure is situated, which list shall be prepared from the
records of the County Assessor.
(4) Written notice of the hearing shall be mailed by the Director to all
persons named on the list generated under Paragraph (3)b. above. Said
mailing shall occur at least fourteen (14) days prior to the hearing date.
The applicant shall pay postage and handling costs as established by the
Director.
(5) The Commission shall approve the application (with or without
conditions) at the hearing or, in the alternative, it may postpone
consideration of the application for a period not to exceed forty-five (45)
days, in order to facilitate the gathering of additional information needed
31
for the full and complete consideration of the request by the Commission,
which information may include the opinion of the staff regarding the
benefits to the City of landmark or landmark district designation of the
property in accordance with Article II of this Chapter. In the event that
the Commission has not made a final decision within said forty-five (45)
day period, then the Commission shall be deemed to have approved,
without condition, the proposed demolition or exterior alteration.
(6) Upon approval of the application by the Director or the
Commission, the owner may obtain a demolition or alteration permit and
may thereafter demolish or alter the structure (or portion thereof) in
compliance with all applicable laws, ordinances and regulations.
(7) The Commission may, as a condition of its approval of the
demolition or alteration of a structure (or portion thereof), require the
property owner to provide the City with such additional information as
will, in the opinion of the Commission, help to mitigate the loss to the City
caused by the demolition or exterior alteration of the structure (or portion
thereof). These conditions may include, but need not be limited to:
a. Comprehensive photographic documentation of such
structure, with prints and negatives;
b. Comprehensive historical, developmental, social, and/or
architectural documentation of the property and the neighborhood
containing the property; and/or
c. Any other mitigating solution agreed upon by the
Commission, the applicant, and any other applicable parties.
Sec. 14-73. Requirements and conditions for approval of demolition and
relocation.Notice defects.
Neither of the following shall affect the validity of any hearing or determination
made under the provisions of this Chapter:
(a) The fact that written notice, mailed as required under the provision of this
Chapter, was not actually received by one or more of the intended recipients.
(b) The fact that signage posted in compliance with the provisions of this
Chapter was subsequently damaged, stolen, or removed, either by natural causes
or by persons other than the person responsible for posting such signage or his or
her agents.
32
(a) Upon approval of the application by the Director or the Commission, the
owner may obtain a demolition or relocation permit and may thereafter demolish
or relocate the structure (or portion thereof) in compliance with all applicable
laws, ordinances and regulations.
(b) The Commission may, as a condition of its approval of the demolition or
relocation of a structure (or portion thereof), require the property owner to
provide the City with such additional information which, in the opinion of the
Commission, will help to mitigate the loss to the City caused by the demolition or
relocation of the structure (or portion thereof). These conditions may include:
(1) Comprehensive photographic documentation of such structure,
with prints and negatives;
(2) Comprehensive historical, developmental, social, and/or
architectural documentation of the property and the neighborhood
containing the property; and/or
(3) Any other mitigating solution agreed upon by the Commission, the
applicant, and any other applicable parties.
(c) The Commission shall have the authority to enter into an agreement with
the owner of any structure (or portion thereof) proposed for demolition whereby
the city or certain designated third parties may enter upon the property upon
which such structure is situated, for the purpose of removing and taking
possession and ownership of any particular artifacts and other items of historic
interest or value, identified in such agreement.
Secs. 14-74 – 14-80. Reserved.
Section 5. That Article V of Chapter 14 of the Code of the City of Fort
Collins is hereby amended to read as follows:
ARTICLE V.
LANDMARK REHABILITATION LOAN PROGRAM
Sec. 14-81. Purpose.
The City Council hereby establishes a landmark rehabilitation loan program and
finds that the program promotes a valid public purpose of increasing the quality,
exterior integrity and permanence of the City's stock of historic landmarks for the
enjoyment and benefit of present and future generations of citizens of the City by
making available to the owners of designated Fort Collins landmarks or
contributing structures in designated Fort Collins landmark districts a source of
funding for exterior rehabilitation of such structures.
33
Sec. 14-82. Establishment; funding.
The City Manager shall administer the program for awarding zero-interest loans
for the rehabilitation of Fort Collins landmark structures and/or contributing
structures in Fort Collins landmark districts. The City Manager may promulgate
procedural rules and regulations for the efficient administration of the program.
No such loan shall exceed the sum of seven thousand five hundred dollars
($7,500.) unless the City Council, by ordinance or resolution, authorizes a larger
loan. All loans shall be funded solely from those funds held by the City for
financial support of the program in the General Fund, and all loans shall be
expressly contingent upon the availability of sufficient funds to support the loan.
Loan recipients shall, as a condition of obtaining the loan, agree to repay the loan
in full upon sale or transfer of the property. All loan repayments shall be returned
to the landmark rehabilitation loan program.
Sec. 14-83. Criteria.
No landmark rehabilitation loan shall be awarded unless the following criteria and
requirements have been met:
(1) The subject structure must have been designated as a Fort Collins
landmark or be a contributing structure in a Fort Collins landmark district
pursuant to this Chapter before the landmark rehabilitation loan can be awarded.
(2) All loan recipients shall provide matching funds in an amount equal to or
greater than the amount of the loan.
(3) The matching funds provided by the loan recipient may be utilized only
for exterior rehabilitation of the subject property and/or the stabilization of the
structure, the rehabilitation of electrical, heating or plumbing systems, and/or the
rehabilitation or installation of fire sprinkling systems in commercial structures.
Neither the loan nor the matching funds shall be used for the installation of nor
rehabilitation of signage or interior rehabilitation or decoration, nor the
installation of building additions or the addition of architectural or decorative
elements which are not part of the landmarked structure.
(4) Loan funds may be expended only for rehabilitation of the exterior of a
designated Fort Collins landmark structure or contributing structure in a Fort
Collins landmark district. No interior improvements may be purchased utilizing
City loan funds.
(5) The standards and/or guidelines of the City and the United States
Secretary of the Interior for the preservation, reconstruction, restoration or
rehabilitation of historic resources then in effect shall serve as the standards by
which all rehabilitation work must be performed.
34
(6) No loan funds shall be disbursed until after the recipient has completed the
work, the work has been physically inspected by the City and has been approved
by the City Manager and the loan recipient has documented the cost of the work
by submitting to the City copies of all bills, invoices, work orders and/or such
other documentation showing, to the satisfaction of the City, that the funds
requested are reasonable and are supported by actual proof of expense.
(7) Loan recipients shall, as a condition of the loan, prominently place a sign
upon the property being rehabilitated stating that such rehabilitation has been
funded, in part, through the City's landmark rehabilitation loan program.
(8) Property owners who have previously received loans shall be eligible for
subsequent loans.
(9) All rehabilitation work shall be completed within one (1) year from the
date upon which the loan was awarded; provided, however, that upon application
and a showing of good cause as to why the project cannot be timely completed,
the Commission may authorize an extension of up to one (1) additional year for
completion of the work.
(10) No landmark rehabilitation loan shall be awarded unless the Commission
(or in cases of loans exceeding the maximum amounts established herein, the City
Council) first determines that:
a. The applicant has demonstrated an effort to return the structure to
its original appearance;
b. It is in the best interests of the public welfare that the structure
proposed to be rehabilitated be preserved for future generations; and
c. The amount proposed to be spent on exterior rehabilitation is
reasonable under the circumstances.
(11) No landmark rehabilitation loan shall be awarded unless the loan recipient
has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale
or transfer of the property.
Sec. 14-84. Reserved.
35
Introduced, considered favorably on first reading, and ordered published this 1st
day of April, A.D. 2014, and to be presented for final passage on the 15th day of April,
A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 058, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-278 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO THE FUNCTIONS OF THE
LANDMARK PRESERVATION COMMISSION
WHEREAS, the City Council has directed City staff to undertake a two-phase project to
consider improvements to the City’s historic preservation codes and processes to make these
codes and processes more transparent, predictable and effective; and
WHEREAS, City staff has prepared and presented to the City Council the second phase
of the work, which addresses City Council’s concerns regarding the readability of the codes,
increased flexibility in applying the codes, and better notice of the City’s historic review
processes and regulations to the purchasers of historic landmarked properties and properties that
are eligible to become landmarks; and
WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes
as set forth below and has recommended the same to the City Council; and
WHEREAS, the City Council has determined that the changes set forth below are in the
best interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-278 of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 2-278. Functions.
(a) The Commission shall perform all duties relating to preservation of historic
landmarks as set out in Chapter 14, including the designation of sites, structures, objects
or districts as landmarks and the review and approval or rejection of plans for the
construction, alteration, demolition or relocation of any such site, structure, object or
district. Decisions of the Commission are final unless appealed to the City Council.
(b) The Commission shall also perform the following additional functions:
(1) To promote awareness and understanding of, and appreciation for, the
value of historic resource preservation in contributing to the quality of life in the
City, and actively encouraging property owners to voluntarily designate their
properties as historic landmarks;
(2) To advise the City Council and City staff with regard to the identification
and evaluation of historic resources within the Growth Management Area and
providing information regarding the significance of the resources, the nature and
degree of threat to their preservation, and methods for their protection;
Packet Pg. 198
- 2 -
(3) To advise the City Council and City staff with regard to appropriate
policies, incentives and regulations for encouraging and/or requiring preservation
and rehabilitation of historic resources;
(4) To coordinate with the various other City boards, commissions and City
staff members whose actions may affect the preservation of historic resources in
the community; and
(5) To establish a committee of its members to provide advice and, if required
under Section 2.10.2(H) of the Land Use Code, written recommendations to the
owners of eligible historic properties, and of properties located near eligible
historic properties, regarding historically appropriate design and site planning for
additions, alterations and new construction in the City; provided, however, that
any members of such committee who provide such advice or recommendations to
property owners under this provision shall refrain from participating in any
subsequent decisions of the Commission related to such properties; and
(6) To provide advice and written recommendations to the appropriate
decision maker and/or administrative body regarding plans for properties
containing or adjacent to sites, structures, objects or districts that: (a) have been
determined to be individually eligible for local landmark designation or for
individual listing in the State or National Registers of Historic Places; (b) are
officially designated as a local or state landmark, or are listed on the National
Register of Historic Places; or (c) are located within an officially designated
historic district or area.
(67) To perform such other duties and functions as may be provided by the
City Council by ordinance or resolution.
(c) In order to better perform the foregoing functions and to coordinate the activities
of the Commission with similar activities of other public and private agencies, members
of the Commission may be appointed, by majority vote of the Commission, to serve as
City representatives on the board of directors of the Historic Fort Collins Development
Corporation, the Poudre Landmark Foundation or such other privately funded nonprofit
corporations as the Commission may approve that are organized for the primary purpose
of furthering the preservation of the community's historic resources.
Packet Pg. 199
- 3 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 200
- 1 -
ORDINANCE NO. 059, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 3.4.7 OF THE LAND USE CODE
PERTAINING TO NEW CONSTRUCTION AS IT AFFECTS
HISTORIC AND CULTURAL RESOURCES
WHEREAS, the City Council has directed City staff to undertake a two-phase project to
consider improvements to the City’s historic preservation codes and processes to make these
codes and processes more transparent, predictable and effective; and
WHEREAS, City staff has prepared and presented to the City Council the second phase
of the work, which addresses City Council’s concerns regarding the readability of the codes,
increased flexibility in applying the codes, and better notice of the City’s historic review
processes and regulations to the purchasers of historic landmarked properties and properties that
are eligible to become landmarks; and
WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes
set forth below and has recommended the same to the City Council; and
WHEREAS, the City Council has determined that the changes set forth below are in the
best interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 3.4.7 of the Land Use Code is hereby amended to read as follows:
3.4.7 Historic and Cultural Resources
(A) Purpose. This Section is intended to ensure that, to the maximum extent feasible:
(1) historic sites, structures or objects are preserved and incorporated into the
proposed development and any undertaking that may potentially alter the
characteristics of the historic property is done in a way that does not adversely
affect the integrity or significance of the historic property; and (2) new
construction is designed to respect the historic character of the site and any
historic properties in the surrounding neighborhood. This Section is intended to
protect designated or individually eligible historic sites, structures or objects as
well as sites, structures or objects in designated historic districts, whether on or
adjacent to the development site.
(B) General Standard. If the project contains a site, structure or object that (1) is
determined to be or potentially be individually eligible for local landmark
designation or for individual listing in the State Register of Historic Properties or
National Registers of Historic Places; (2) is officially designated as a local or state
landmark, or is listed on the National Register of Historic Places; or (3) is located
within an officially designated national, state or City historic district or area, then
to the maximum extent feasible, the development plan and building design shall
Packet Pg. 201
- 2 -
provide for the preservation and adaptive use of the historic structure. The
development plan and building design shall protect and enhance the historical and
architectural value of any historic property that is: (a) preserved and adaptively
used on the development site; or (b) is located on property adjacent to the
development site and qualifies under (1), (2) or (3) above. New structures must be
compatible with the historic character of any such historic property, whether on
the development site or adjacent thereto.
(C) Determination of Landmark Eligibility. The determination of individual
eligibility or potential individual eligibility for local landmark designation will be
made in accordance with the applicable provisions of Chapter 14 of the City
Code, except that the determination of potential individual eligibility shall be
made by the Director and the finding of potential eligibility shall not constitute a
finding of eligibility under Section 14-21 or 14-72 of the City Code. A site,
structure or object may be determined to be or potentially be individually eligible
for local landmark designation if it meets one (1) or more of the criteria as
described in Section 14-5, "Standards for Designation of Sites, Structures, Objects
and Districts For Preservation” "Standards for determining the eligibility of sites,
structures, objects and districts for designation as Fort Collins Landmarks or
Landmark Districts" of the City Code. If a property is determined to be eligible
for designation, the applicant will provide a completed Colorado Cultural
Resource Survey Architectural Inventory Form for the property.
The determination of individual eligibility for the National or State Register of
Historic Places shall be according to the processes and procedures of the Colorado
Historical Society.
(D) Reuse, Renovation, Alterations and Additions.
(1) Original or historic materials and details, as well as distinctive form and
scale, that contribute to the historic significance of the structure or
neighborhood shall be preserved to the maximum extent feasible.
Rehabilitation work shall not destroy the distinguishing quality or
character of the structure or its environment.
(2) The rehabilitation of structures shall be in conformance with the Secretary
of the Interior’s "Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings" (available from the Director) or other
adopted design guidelines or standards.
(E) Relocation or Demolition. A site, structure or object that is determined to be or
potentially be individually eligible for local landmark designation or for
individual listing in the State or National Registers of Historic Places may be
relocated or demolished only if, in the opinion of the decision maker, the
applicant has, to the maximum extent feasible, attempted to preserve the site,
Packet Pg. 202
- 3 -
structure or object in accordance with the standards of this Section, and the
preservation of the site, structure or object is not feasible.
(F) New Construction.
(1) To the maximum extent feasible, the height, setback and/or width of new
structures shall be similar to: (a) those of existing historic structures on
any block face on which the new structure is located and on any portion of
a block face across a local or collector street from the block face on which
the new buildingstructure is located,; or (b) when a block does not exist,
similar to those on any land adjacent to the property on which the new
structure is to be located. Notwithstanding the foregoing, this requirement
shall not apply if unless, in the judgment of the decision maker, such
historic structures would not be negatively impacted with respect to their
historic exterior integrity and significance by reason of the new structure
being constructed at a dissimilar height, setback and/or width. Where
building setbacks cannot be maintained, elements such as walls, columns,
hedges or other screens shall be used to define the edge of the site and
maintain alignment. Taller structures or portions of structures shall be
located interior to the site. Structures at the ends of blocks shall be of a
similar height to structures in the adjoining blocks.
(2) New structures shall be designed to be in character with such existing
historic structures. Horizontal elements, such as cornices, windows,
moldings and sign bands, shall be aligned with those of such existing
historic structures to strengthen the visual ties among buildings. Window
patterns of such existing structures (size, height, number) shall be repeated
in new construction, and the pattern of the primary building entrance
facing the street shall be maintained to the maximum extent feasible. See
Figure 6.
Packet Pg. 203
- 4 -
Figure 6
Building Patterns
(3) The dominant building material of such existing historic structures
adjacent to or in the immediate vicinity of the proposed structure shall be
used as the primary material for new construction. Variety in materials can
be appropriate, but shall maintain the existing distribution of materials in
the same block.
(4) Visual and pedestrian connections between the site and neighborhood
focal points, such as a park, school or church, shall be preserved and
enhanced, to the maximum extent feasible.
(5) To the maximum extent feasible, existing historic and mature landscaping
shall be preserved and when additional street tree plantings are proposed,
the alignment and spacing of new trees shall match that of the existing
trees.
(6) In its consideration of the approval of plans for properties containing or
adjacent to sites, structures, objects or districts that: (a) have been
determined to be or potentially be individually eligible for local landmark
designation or for individual listing in the National Register of Historic
Places or the State Register of Historic Properties, or (b) are officially
designated as a local or state landmark, or are listed on the National
Register of Historic Places, or (c) are located within an officially
designated National, State or local historic district or area, the decision
maker shall receive and consider a written recommendation from the
Landmark Preservation Commission unless the Director has issued a
written determination that the plans would not have a significant impact
on the individual eligibility or potential individual eligibility of the site,
structure, object, or district. A determination or recommendation made
under this subsection is not appealable to the City Council under Chapter 2
of the City Code.
Packet Pg. 204
- 5 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 205
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
John Stokes, Natural Resources Director
SUBJECT
Resolution 2014-029 Appointing an Ad Hoc City Council Committee to Select and Recommend a Name for a
31-Acre Natural Area.
EXECUTIVE SUMMARY
The purpose of this item is to appoint an ad hoc Council committee to develop a naming recommendation for
the 31-acre property recently conveyed from Woodward Governor to the City’s Natural Areas Department
(NAD).
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
Naming of new properties is governed by City Code Section 23-141 and 23-142 (Attachment 2). There are
two separate naming approaches described in those provisions. The first describes the process when a
personal name is under consideration. The second describes the process when a personal name is not under
consideration.
1) If the property is to be named for a person or entities, the name must be approved by Council
resolution and after review by an ad hoc committee “formed for the purpose of selecting and
recommending a name for such property…” The ad hoc committee “may be initiated by request of the
City Manager or the Mayor or by majority vote of the City Council.” In this case the Mayor initiated the
request for an ad hoc committee.
a. If a personal name is to be considered, a resolution adopting the name shall “include a
description of the donation or other significant service or benefit to the community… that is the
basis for the designation of the name approved.”
b. If using a personal name the person(s) shall have been determined “to have provided
significant service or direct benefit to the community that has endured, or will endure, over
many years.”
c. If a donation is the basis for the personal name under consideration, the donation generally
“should be no less than seventy-five percent…of the value of the property…”
2) If a personal name is not under consideration, the City Manager is authorized to “establish
administrative rules and procedures for the selection…” As a matter of practice (and in accordance
with an NAD administratively adopted policy) NAD staff typically has solicited names from the public
and chosen a name for its sites.
Prior to bringing forward a name to the City Manager or City Council for this particular property, on January 15
Natural Areas staff recommended the name Coy Hoffman Natural Area to the Land Conservation and
Stewardship Board. The Board was opposed to this name for a variety of reasons (Attachment 3).
Packet Pg. 206
Agenda Item 18
Item # 18 Page 2
At the Board’s February 12 meeting, the Board passed a motion to advise Council of its opposition to the Coy
Hoffman Natural Area. The motion also recommended that staff develop a name in keeping with the site’s
natural characteristics or Native American history.
In addition to Coy Hoffman Natural Area, staff proposed Swift Current as an alternative to Coy Hoffman. The
name is in keeping with the practice of naming Natural Area sites after the natural characteristics of the site.
Some Native American tribes called the river minnie luzahan, which translates to “swift current.”
BOARD / COMMISSION RECOMMENDATION
At the time of this Agenda Item Summary, the Land Conservation and Stewardship Board had not taken a
position on the ad hoc Council committee. The Board, however, did pass a motion at its February 12th
meeting, expressing its opposition to Coy Hoffman Natural Area. The motion also suggested that staff develop
a name in keeping with the site’s natural characteristics or Native American history (Attachment 4).
PUBLIC OUTREACH
In addition to its work with the Land Conservation and Stewardship Board, Natural Areas staff conducted
public outreach to solicit site names. Several citizens recommended names associated with the pioneer
history of the site; Swift Current also was suggested.
ATTACHMENTS
1. Location map (PDF)
2. City Code Sec. 23-141 and 23-142 (PDF)
3. LCSB minutes, January 15, 2014 (PDF)
4. LCSB minutes, February 12, 2014 (PDF)
5. Powerpoint presentation (PDF)
Packet Pg. 207
UDALL NATURAL AREA
SPRINGER NATURAL AREA
WILLIAMS NATURAL AREA
GUSTAV SWANSON NATURAL AREA
New Woodward Project Natural Area Site Location
Created by City of Fort Collins Natural Areas - 2014
New Natural Area Site
0Areas 125 250 500 Feet City Natural
31-Acre Natural Area Site
ATTACHMENT 1
²
WOODWARD CAMPUS SITE
Packet Pg. 208
Attachment18.1: Location map (Council Ad Hoc Naming Committee)
ARTICLE V.
CITY FACILITIES GENERALLY
Sec. 23-140. Rules and regulations.
(a) The City Manager is hereby authorized to establish such rules and regulations
governing the conduct of the general public's use of facilities owned or operated by the
City, excluding streets, sidewalks and other City rights-of-way, as the City Manager may
determine are necessary and appropriate to serve one (1) or more of the following
purposes:
(1) The protection of such facilities, or any other City property or facility;
(2) The protection of the safety, well-being and property of persons using such facilities;
(3) The protection of the use and enjoyment of such facilities by the general public; or
(4) The needs and objectives of the City in maintaining and operating such facilities,
and/or the natural environment in general.
(b) Such regulations may be established for selected individual facilities or groups of
facilities, provided that the scope of any regulations shall be clearly stated therein, and
shall become effective upon the filing of such regulations with the office of the City
Clerk and the posting of a notice of the adoption of the regulations at all public entrances
of the affected facilities. Such notice shall include the effective date of the regulations,
and notice that the full text of the regulations is on file in the office of the City Clerk and
at the affected facilities, and is available for public review. The City Manager, or his or
her designee, shall have the power to exclude any and all persons who willfully or
knowingly violate any such regulations from the use and benefit of any or all City
facilities, subject to any enforcement procedures set forth in such regulations. No such
regulations shall be deemed to apply to emergency or law enforcement operations, or to
City management and maintenance activities, to the extent their application would impair
the performance of the same.
(Ord. No. 34, 2001, § 1, 3-6-01; Ord. No. 004, 2007, § 12, 2-6-07)
Sec. 23-141. Naming of properties and facilities for persons or entities.
(a) The requirements of this Section shall apply to the naming of City-owned or -operated
properties or facilities for persons or entities, including, but not limited to, individuals,
families, designated groups of persons, and for-profit and not-for-profit organizations and
associations. Any property assets under the City's ownership and control, including parks,
recreational and cultural facilities, civic buildings, natural areas, trails or any portions of
such properties or facilities, shall be named in accordance with this Section, except that
ATTACHMENT 2
Packet Pg. 209
Attachment18.2: City Code Sec. 23-141 and 23-142 (Council Ad Hoc Naming Committee)
the naming of streets and alleys, to the extent carried out by the City, shall be governed
by § 24-91 of this Code.
(b) The naming of a City property or facility, or portion thereof, for one (1) or more
persons or entities shall be approved by the City Council by resolution, after review by an
ad hoc City Council committee formed for the purpose of selecting and recommending a
name for such property, facility or portion thereof. The formation of an ad hoc naming
committee may be initiated by request of the City Manager or the Mayor or by majority
vote of the City Council. An ad hoc naming committee may seek such public input and
may request and consider proposals and recommendations of City boards and
commissions and the City Manager, as said committee deems appropriate. A resolution
approving a City property or facility name pursuant to this Section shall include a
description of the donation or other significant service or benefit to the community that is
the basis for the designation of the name approved. The resolution shall further provide
that the City may modify or remove the approved name in the future in the event that the
City Council determines such modification or removal to be appropriate in light of
changed circumstances or other matters of public interest or convenience. Examples of
such grounds for modification of an approved name include a change of use of the
facility, a change in public perception of the name or development of a new purpose or
priority for the property named.
(c) In the event that a significant financial donation has been made for the acquisition,
construction or improvement of a property or facility, the property or facility or a portion
thereof may be named either for the donor or in consideration of the wishes of the donor.
Donations shall be of a significant size and proportion to the total cost of the property or
facility or portion thereof to be named. Generally, the donation should be no less than
seventy-five (75) percent of the value of the property, facility, feature or portion thereof
to be named. If such a donation is received from an individual, family or entity, the City
Council will give significant weight to a naming or recognition request from the donor,
but will consider such a request in light of other policy or practical priorities and
concerns and the public interest in general. In some instances, the naming of a portion of
a property or facility or a specific feature of the property or facility for a donor may be an
appropriate alternative to naming the entire property or facility.
(d) A property or facility or a portion thereof may be named for a community member or
other significant contributor to the community, as set forth in this Subsection. To be
eligible for naming consideration under this Subsection, a name must be either the name
of a living person or an entity, or the name of a person deceased for no less than twelve
(12) months at the time of nomination. Persons or entities for which a property or facility
or portion thereof is named hereunder shall be determined to have provided significant
service or direct benefit to the community that has endured, or will endure, over many
years.
(e) Prior to final approval of the naming of a property or facility named for a deceased
person, the City shall make reasonable efforts to identify, locate and obtain the consent of
the next of kin of such person.
Packet Pg. 210
Attachment18.2: City Code Sec. 23-141 and 23-142 (Council Ad Hoc Naming Committee)
(Ord. No. 134, 2011, § 1, 11-1-11)
Sec. 23-142. Naming of properties and facilities for other than persons or entities.
(a) The City Manager is authorized to establish administrative rules and procedures for
the selection and approval of names for City-owned or -operated properties or facilities,
except as specified in § 23-141 above and § 24-91 of this Code. All administrative
naming of properties and facilities, and portions thereof, shall be in accordance with such
rules and procedures.
(b) The City Manager shall not name City-owned or -operated properties or facilities, or
portions thereof, for products or commodities, and shall not offer for sale or auction the
name or naming rights of any such property, facility or portion thereof.
(c) In connection with the naming of such properties and facilities, the City Manager
shall generally give preference to the use of names associated with geographic location,
unique natural, historical or cultural features or significance, and the specific purposes of
the property or facility, and the avoidance of confusion with existing facilities or
locations.
(Ord. No. 134, 2011, § 2, 11-1-11)
Secs. 23-143—23-155. Reserved.
--------------------------------------------------------------------------------
Packet Pg. 211
Attachment18.2: City Code Sec. 23-141 and 23-142 (Council Ad Hoc Naming Committee)
Land Conservation & Stewardship Board
January 15, 2014 ATTACHMENT 3
Packet Pg. 212
Attachment18.3: LCSB minutes, January 15, 2014 (Council Ad Hoc Naming Committee)
Packet Pg. 213
Attachment18.3: LCSB minutes, January 15, 2014 (Council Ad Hoc Naming Committee)
Packet Pg. 214
Attachment18.3: LCSB minutes, January 15, 2014 (Council Ad Hoc Naming Committee)
Land Conservation & Stewardship Board
February 12, 2014 ATTACHMENT 4
Packet Pg. 215
Attachment18.4: LCSB minutes, February 12, 2014 (Council Ad Hoc Naming Committee)
Packet Pg. 216
Attachment18.4: LCSB minutes, February 12, 2014 (Council Ad Hoc Naming Committee)
Packet Pg. 217
Attachment18.4: LCSB minutes, February 12, 2014 (Council Ad Hoc Naming Committee)
1
Council Ad Hoc Naming Committee
Background
Woodward conveyed a 31-acre property to the
Natural Areas Department in January
Natural Areas names its sites for identification,
management purposes, and to provide some
local flavor
Natural Areas staff developed several names for
this site, including an option that utilizes a family
name
ATTACHMENT 5
Packet Pg. 218
Attachment18.5: Powerpoint presentation (Council Ad Hoc Naming Committee)
2
Background
Based on Council adopted policy, if a personal name is
under consideration an ad hoc naming committee must be
formed to review potential names and make a
recommendation to Council
And, if recommending a personal name, it shall be
determined by the ad hoc committee that the person or
family has made significant service or contributions to the
community
On January 15, Natural Areas staff brought forward the name Coy-
Hoffman Natural Area to the Land Conservation Stewardship Board
On February 12, the Board passed a motion to oppose Coy-Hoffman
and to favor a name in keeping with the site’s natural characteristics or
Native American history
Background
Packet Pg. 219
Attachment18.5: Powerpoint presentation (Council Ad Hoc Naming Committee)
3
Ad Hoc Committee
The Mayor requested that an ad hoc Council
committee be formed to review options for naming the
property and to make a recommendation to Council
Packet Pg. 220
Attachment18.5: Powerpoint presentation (Council Ad Hoc Naming Committee)
- 1 -
RESOLUTION 2014-029
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING AN AD HOC CITY COUNCIL COMMITTEE
TO SELECT AND RECOMMEND A NAME
FOR A 31-ACRE NATURAL AREA
WHEREAS, on November 1, 2011, the City Council adopted Ordinance No. 134, 2011,
which added to the City Code Sections 23-141 and 142 regarding the naming of City properties
and facilities; and
WHEREAS, on January 15, 2014, Woodward, Inc., conveyed to the City a 31-acre parcel
of land adjacent to the Poudre River to be used for Natural Areas purposes (the “Property”); and
WHEREAS, on January 15, 2014, Natural Areas staff recommended to the Land
Conservation and Stewardship Board (“LCSB”) that the Property be named the “Coy-Hoffman
Natural Area” after the families that homesteaded and farmed the Property and then sold it to
Woodward, Inc.; and
WHEREAS, the LCSB voted not to support the Coy-Hoffman name; and
WHEREAS, individual LCSB members expressed support for a second proposed name,
“Swift Current Natural Area”, although the LCSB took no formal action on the Swift Current
name; and
WHEREAS, Section 23-141(b) of the City Code states that the naming of a City property
or facility for one or more persons or entities shall be approved by the City Council by
resolution, after review by an ad hoc City Council committee formed for the purpose of selecting
and recommending a name for the property; that the formation of an ad hoc naming committee
may be initiated by request of the City Manager or the Mayor, or by majority vote of the City
Council; and that the committee may seek such public input and may request and consider such
proposals and recommendations of City boards and commissions and the City Manager as the
committee deems appropriate; and
WHEREAS, pursuant to Section 23-141(b), Mayor Karen Weitkunat has requested that
an ad hoc City Council committee be formed to select and recommend a name for the Property
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby appoints Councilmembers
______________________________________ to an ad hoc committee to review the options for
naming the Property and to make a recommendation to the City Council.
Packet Pg. 221
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 222
e table shows
very good.
of the BBRSA
Fort Collins B
nificant financ
nd its GMA as
gh
regional sto
h along the
uction in 100-
Weld Irrigatio
in reduced sto
eek
regional stor
he east side
With Fort C
the Boxelder
(I-25) and B
oads within th
avings for sto
d 52 IGA
otal cost esti
y $9 million o
s and Timnat
ect costs. Th
he constructio
over the shor
sts up to a ma
on 2014-026)
an updated
Such a high B
A projects ha
Benefits
cial benefits a
s shown in th
ormwater pro
east side o
-Year flood flo
on Canal and
ormwater infr
mwater proje
of Interstate
Collins and Ti
Creek cross
Boxelder Cre
he Fort Collin
ormwater impr
mate to cons
of CWCB loa
h Developme
hat leaves a s
on of the BBR
rtfall. To all
aximum of $0
outlines the s
Item #
Benefit/Cost
B/C ratio is ve
as with regar
and reductions
e summary ta
ojects will e
of Interstate
ows that curr
d spill down
astructure co
ects will elimi
Highway 25.
imnath agree
sing of Prosp
ek can be u
ns GMA (Cou
rovements at
struct the ES
ans will be us
ent Authority
shortfall of $1
RSA projects
ow for contin
.5 million eac
specific provis
# 20 Page 4
Ratio of 3.95
ery unusual a
rd to the red
s in flood dam
able below.
liminate the
Highway 25
rently cross b
the Cooper
sts on the Co
inate the wes
The ESDF
eing to jointly
pect Road, th
unplugged. A
unty Roads 5
Boxelder Cre
DF, LWCCS
sed towards
(TDA) contrib
1.03 million.
and have ag
ngencies, the
ch (total of $1
sions of this a
5. In most ins
and demonstr
duction in dam
mage to prope
westerly Bo
5. The Coop
beneath Inters
Slough Drain
ooper Slough.
sterly Boxeld
facility will re
y fund and co
he two large
As a result, t
54, 52, 50, 4
eek and Prosp
and CR 52
the projects.
butions will b
Larimer Cou
reed to share
e entities hav
.5 million). T
agreement.
Ag
stances, a B/C
rates the dram
mages from
erties located
oxelder Cree
per Slough w
state Highway
nageway. Fo
.
der Creek ov
educe the 10
onstruct impro
box culverts
there is an e
8 and State
pect Road.
improvement
. An estimat
be received a
nty, Timnath
e equally in p
ve agreed to
The County R
genda Item
C ratio of 1.5
matic benefits
a 100-Year
with the City
ek overflow
will benefit b
y 25 (I-25) in
ort Collins sa
erflow that e
00-Year Flood
ovements ne
s at the cross
estimated $6
Highway 14)
ts is $11.75 m
ted $1.72 mi
and applied to
and Fort Co
roviding the f
o share equa
Road 52 IGA (
m 20
5 or 2
s that
flood
y of
that
by a
the
aves
extends
d flows
ear and
sing of
Million
) and a
million.
llion of
owards
llins all
funding
ally the
Exhibit
Packet Pg. 117
Attachment13.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 047 Boxelder IGA)
frequently use
he potential
Wellington, Ti
with Boxelder
n August 20
ntergovernme
BBRSA). The
Master Plan P
Divers
Edson
DA ITEM
il
, Stormwater/
g to the Boxe
SUMMARY
n 2014-026 A
ath Developm
Regarding Im
ding of Ordin
rnmental Agr
o Update the T
of this item is
he Town of T
rmwater Auth
Colorado Wa
governmenta
ost sharing.
OMMENDATI
ends adoption
ND / DISCUS
r Creek Wate
der to the Po
tify ways to m
70 north of
Boxelder Cr
. Due to th
ed roads and
for loss of lif
imnath, and L
r Creek.
008, Fort Col
ental agreem
e BBRSA wa
Phase I region
sion of Coal C
n (East Side)
M SUMM
/Floodplain P
lder Creek W
Authorizing th
ment Authority
mprovements
nance No. 04
reement Rega
Terms of Cos
s to approve
Timnath to s
ority (BBRSA
ater Conserv
al Agreement
ON
n of the Ordin
SSION
ershed encom
oudre River o
mitigate flood
Wellington s
reek 100-Yea
he numerous
d the probabi
fe and/or bod
Larimer Coun
llins, Larimer
ment (IGA) t
as establishe
nal stormwate
Creek to Clark
Detention Re
Item #
MARY
rogram Mgr
Watershed.
he Execution
y, the Town of
to County Ro
47, 2014, App
arding Coope
st Sharing for
an Intergove
share equally
A) to pay the c
vation Board
(IGA) by rev
nance on First
mpasses ove
on the south.
d hazards wi
south to whe
ar floodplain
split flows a
ility of the ex
dily injury duri
nty all share a
r County, We
to establish
d to fund an
er projects list
k Reservoir
eservoir
# 20 Page 1
of an Intergo
f Wellington,
oad 52.
proving the S
eration on An
Stormwater I
ernmental Agr
in providing
cost of the Co
(CWCB) loan
vising Article
t Reading and
r 265 squar
Several loca
thin the area
re Boxelder C
impacts app
and diversion
xisting conve
ing the 100-Y
a common go
ellington and
the Boxelde
nd implement
ted below:
overnmental A
and the Boxe
Sixth Amendm
nnexation, Gro
mprovements
reement (IGA
the necessa
ounty Road 5
n proceeds a
7 to reflect u
the Resolutio
re miles and
al governmen
a that is trib
Creek floodw
proximately 4
ns that occur
yance syste
Year Flood. T
oal in mitigatin
d the City of
er Basin Re
t the Boxelde
Ag
March 1
Agreement w
elder Basin R
ment to the F
owth Manage
s in the Boxe
A) between th
ary funds to
52 Project tha
and to amend
updated storm
on
d extends from
nts have wor
butary to Box
waters join the
4,900 acres
r, the potent
em to become
The communi
ng the flood h
f Fort Collins
egional Stor
er Creek Reg
genda Item
8, 2014
with Larimer C
Regional Storm
Fort Collins-T
ement, and R
lder Basin.
he City and L
the Boxelder
at is over and
d the Fort Co
mwater projec
m just north
rked together
xelder Creek
e Cache La P
of land with
tial for overto
e blocked, th
ties of Fort C
hazards asso
s entered into
mwater Auth
gional Stormw
m 20
County,
mwater
Timnath
Related
Larimer
r Basin
above
ollins –
cts and
of the
r since
k from
Poudre
in the
opping
here is
Collins,
ciated
o an
hority
water
ATTACHMENT 1
Packet Pg. 114
Attachment13.1: First Reading Agenda Item Summary, March 18, 2014 (w/o attachments) (SR 047 Boxelder IGA)
hours
AT20S
Bucket
Truck
Auction Due for replacement
Forestry 2456 23 90,124
miles
½ ton
pickup
Auction Due for replacement
Parks 34003 10 2,791
hours
Zero Turn
mower
Auction Excessive
maintenance and
major repairs required
Packet Pg. 46
Attachment4.1: First Reading Agenda Item Summary, March 18, 2014 (SR 045 Lease Purchase)