HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/15/2014 - 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
Carrie Daggett Darin Atteberry Wanda Nelson
Interim 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
July 15, 2014 (REVISED 7/14/14)
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring July 16, 2014 as Women of Vision Day.
B. Proclamation Declaring August 5, 2014 as Neighborhood Night Out.
C. Proclamation Declaring July 12-19, 2014 as Flood Awareness Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
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. Second Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue into the
Transportation Services Fund for the Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates unbudgeted
funds received through a grant for the Safe Routes to School Program. The City of Fort Collins FC
Moves Department has received a $25,822 federal grant through the Colorado Department of
Transportation for the 2014-15 Safe Routes to School (SRTS) program. This funding will allow the
City’s Safe Routes to School Program (administered and staffed by FC Moves) to enhance its
pedestrian and bicycle safety education programs.
City of Fort Collins Page 3
2. Second Reading of Ordinance No. 092, 2014, Appropriating Prior Year Reserves in the Downtown
Development Authority Fund for Expenditure on Projects and Programs in Accordance with the
Downtown Plan of Development.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates unanticipated
revenue for the Downtown Development Authority for projects and programs that enhance the
downtown area. These funds, totaling $1,822,273, are from interest earnings, project savings, and
from prior year bond proceeds. The DDA Board has authorized the expenditure on various projects
and programs.
3. Second Reading of Ordinance No. 093, 2014, Appropriating Unanticipated Revenue in the Capital
Projects Fund for the Willow Street Improvements Project and Authorizing the Transfer of
Appropriations from the Building on Basics Pedestrian Plan and ADA Improvements Project into the
Willow Street Improvements Project.
This ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates DDA and local
funds into the Willow Street Improvements Project. Previous planning efforts for the Downtown River
District identified improvements along Willow Street as a top priority project within the River District.
Engineering design is schedule to begin in summer of 2014.
4. Second Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town Historic
District.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, updates the Old Town Fort
Collins Historic District (Old Town District) Design Standards. The Old Town Design Standards,
originally adopted in 1981, require substantial revisions to address current historic preservation
practices and development concerns related to infill and redevelopment within and around the Old
Town District. The update to the design standards will define and illustrate characteristics for
compatible future development within the Old Town District and in the adjacent area, and a means
for incorporating modern sustainable building practices into historic preservation projects.
5. Second Reading of Ordinance No. 096, 2014, Authorizing the Mayor to Execute the First
Amendment to the Amended and Restated Intergovernmental Agreement with the Fort Collins-
Loveland Water District, the Fort Collins-Loveland Water District Enterprise and the Fort Collins
Water Utility Enterprise.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, authorizes the Mayor to
execute the First Amendment to the amended and restated intergovernmental agreement (IGA) with
the Fort Collins-Loveland Water District, the Fort Collins-Loveland Water District Enterprise, and the
City of Fort Collins Water Utility Enterprise for the delivery of potable water. The item will require the
party that exceeds the allotment of water allowed for exchange to provide raw water reimbursement
in addition to the charges for treatment.
6. Second Reading of Ordinance No. 097, 2014, Authorizing the Mayor to Execute an
Intergovernmental Agreement with the North Weld County Water District, the North Weld County
Water District Enterprise, and the Fort Collins Water Utility Enterprise for the Delivery of Potable
Water.
This Ordinance, unanimously adopted on First Reading on July 1, 2014, authorizes the Mayor to
execute an amended and restated intergovernmental agreement (IGA) with the North Weld County
Water District (NWCWD), the North Weld County Water District Enterprise, and the City of Fort
Collins Water Utility Enterprise for the delivery of potable water. The amendment makes
adjustments to the costs associated with exchanging water between the City and the NWCWD to
reflect actual expenses, adjusts the requirement to balance accounts from annually to monthly,
adjusts the allocation of water that is allowed to be exchanged, and provides for the transfer of
associated raw water for any imbalance in excess of the allocation.
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7. Postponement of Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City
Code to Establish Regulations Regarding Disposable Bags to August 19, 2014.
Staff requests postponement of Second Reading of this Ordinance to August 19, 2014, at the
request of City Council, so that more information can be gathered and compiled to respond to
questions and issues raised regarding the ordinance. This Ordinance was adopted on First Reading
on July 1, 2014, by a vote of 5-2 (Nays: Troxell, Weitkunat)
8. First Reading of Ordinance No. 100, 2014, Appropriating Prior Year Reserves in the General Fund to
Fund High Priority Security Enhancements.
The purpose of this item is to appropriate funds in the amount of $210,000 to address high priority
security findings identified by a comprehensive security assessment of City buildings. Funding is
requested to implement enhancements to address the high priority findings identified in a 2013/2014
City building security assessment performed by Lyon & Associates. Funding will be directed to
access control, alarm systems, internal public address systems, security cameras, and minor
remodels to increase security workspace hardening.
9. First Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code Relating
to Art in Public Places.
The purpose of this item is to amend Article XII of Chapter 23 of the City Code relating to Art in
Public Places. This Ordinance increases the threshold for art projects requiring City Council approval
from $10,000 to $60,000 to align with the City’s Purchasing Code.
10. First Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code Regarding
Payment of Fares for Use of Public Transportation Vehicles.
The purpose of this item is to provide local legislation specific to fare payment requirements on
public transportation. This proposed Traffic Code is intended to provide local legislation specific to
fare payment requirements on public transportation. This Traffic Code amendment is patterned after
an existing Colorado statute that directly addresses fare payment requirements on public
transportation; a local code would provide due process of fare violations through Municipal Court.
11. First Reading of Ordinance No. 103, 2014, Authorizing the Conveyance of a Non-Exclusive
Waterline Easement and Temporary Construction Easement on City Property to the North Weld
County Water District and the East Larimer County Water District.
The purpose of this item is to authorize the conveyance of easements on City Property to the East
Larimer County Water District and the North Weld County Water District for their NEWT II Water
Transmission Pipeline Project.
The City of Fort Collins Park Planning Department acquired a parcel of old railroad right of way
located east of Taft Hill Road and north of Vine Drive (the “City Property”) for future trail use through
the national “Rails to Trails” program. The East Larimer County Water District and North Weld
County Water District (collectively, the “Districts”) have begun the second phase of a multi-phase
water transmission pipeline project (the NEWT II Project) for the purposes of conveying treated water
from the Districts’ Soldier Canyon Filter Plant to their drinking water distribution systems. The
alignment of the pipeline will cross a section of the City Property, which is managed by the City Park
Planning Department. As such, the Districts have requested a waterline easement from the City for
their project.
12. First Reading of Ordinance No. 104, 2014, Authorizing the Conveyance of a Non-Exclusive Utility
Easement on City Property to the Nunn Telephone Company.
The purpose of this item is to authorize the conveyance of a non-exclusive easement to Nunn
Telephone Company (NTC) for the purpose of installing a fiber-optic connection to an AT&T fiber
regeneration hut that is located on a portion of the Meadow Springs Ranch. The proposed easement
City of Fort Collins Page 5
is 10 feet wide and approximately 690 feet long and would be placed immediately adjacent to an
existing access road.
13. Resolution 2014-058 Adopting Amendments to the Financial Management Policies.
The purpose of this item is to approve a revised Budget Policy and revised Fund Balance Policy.
Since the last update, staff has developed a new framework for updating, controlling, formatting and
publishing financial policies. The financial policies evolved as part of the Budget document. In that
context they focused on explaining concepts rather than setting policy. Both of these revised
policies were created based on policy guidelines from the Government Finance Officers Association
(GFOA) presented as best practices. As such, the red line versions of the previous policies have
many changes that are not substantive. Staff has come up with a new format for financial policies to
keep them consistent across all departments within Financial Services.
14. Resolution 2014-059 Authorizing the City Manager to Enter Into an Agreement With the Members of
the Colorado Information Sharing Consortium.
The purpose of this item is to enter into an agreement with the Colorado Information Sharing
Consortium to allow Fort Collins Police Services to continue as a member agency of Coplink, which
allows member agencies throughout Colorado to share valuable information in order to solve crimes,
develop leads and track suspects leading to their arrest.
15. Resolution 2014-060 Authorizing the City Manager to Enter Into an Agreement With the Poudre
School District R-1 for the School Resource Officer Program.
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental Agreement
(IGA) between the Poudre School District R-1 (District) and the City of Fort Collins, on behalf of Fort
Collins Police Services (FCPS) which updates, replaces and supersedes the previous IGA and
continues the School Resource Officer Program.
16. Resolution 2014-061 Adopting the Recommendations of the Cultural Resources Board Regarding
Fort Fund Grant Disbursements.
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
17. Resolution 2014-062 Making Appointments to Various Boards and Commissions of the City of Fort
Collins.
The purpose of this item is to make appointments to various boards and commissions created
through resignations or unfulfilled during the annual recruitment process.
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. Update on High Park Fire Remediation Efforts.
B. Nature in the City Report.
C. West Nile Virus Update.
City of Fort Collins Page 6
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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.
18. Second Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by Changing
the Zoning Classification for that Certain Property Known as the Harmony/I-25 Rezoning. (staff:
Clark Mapes; no staff presentation; 5 minute discussion)
This Ordinance, adopted on First Reading on July 1, 2014 by a vote of 6-0 (Campana recused),
rezones 264 acres located at the southwest corner of Harmony Road and Interstate 25 from
Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-L), in accordance with the
Comprehensive Plan (City Plan).
19. Second Reading of Ordinance No. 098, 2014, Amending Article III of Chapter 12 of the City Code
Pertaining to Smoking in Public Areas. (staff: Beth Sowder; no staff presentation; 10 minute
discussion)
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Weitkunat) expands the City’s
Smoking Ordinance to include electronic smoking devices and 100% smoke-free hotel/motel rooms.
This item proposes two City Code amendments to expand the City’s Smoking Ordinance:
1. Prohibit the use of electronic smoking devices in all places where conventional smoking is
prohibited.
2. Require 100% of hotel/motel rooms to be smoke-free.
20. Resolution 2014-045 Approving an Amended and Restated Intergovernmental Agreement Between
the City of Fort Collins and the Poudre Valley Fire Protection District Establishing the Poudre Fire
Authority. (staff: Mike Beckstead, Tom DeMint; 5 minute staff presentation; 15 minute discussion)
The purpose of this item is to approve the revised Intergovernmental Agreement (IGA) which forms
the Poudre Fire Authority and the associated Revenue Allocation Formula (RAF) which allocates a
share of City revenue toward the provision of fire and rescue services within Fort Collins.
City of Fort Collins Page 7
21. First Reading of Ordinance No. 105, 2014 Amending Section 2-581 of the City Code and Setting the
Compensation of the Interim City Attorney. (staff: Amy Sharkey; 2 minute staff presentation; 5
minute discussion)
The purpose of this item is to establish the salary and compensation provided the interim City
Attorney while she serves in this capacity.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
A. Council will consider a motion to cancel the August 5, 2014 Regular Council Meeting for
Neighborhood Night Out.
B. Council will consider a motion to adjourn to Tuesday, July 22, 2014.
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, women of vision have helped shape the past, present and future of life in
our society; and
WHEREAS, women of vision have come from diverse backgrounds and philosophies,
from homes, churches, the arts, the medical community, education, athletics, government, and
business; and
WHEREAS, women of vision have applied their training, skills, innovation, creativity
and leadership as writers, artists, actors, athletes, doctors, scientists, social and political activists,
educators, inventors, wives and mothers to lead, influence and bring about positive change; and
WHEREAS, the contributions of these women of vision have often been overlooked and
undervalued; and
WHEREAS, we stand at a time in history when the importance of vision, innovation,
creativity and leadership has never been more critical to our society; and
WHEREAS, we seek to provide an inclusive platform designed to ensure women’s
voices, ideas and spirits continue to provide inspiration, leadership and encouragement; and
WHEREAS, we seek to celebrate female visionaries and leaders and highlight them as
role models for our community.
NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim July 16, 2014 to be
WOMEN OF VISION DAY
in Fort Collins and call upon our citizens to recognize the important contributions women of
vision have made to improve the quality of life for all.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of July, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, the first Tuesday night in August is celebrated cross the nation as National
Night out; and
WHEREAS, the City of Fort Collins, in conjunction with the national event, sponsors a
unique community building program on August 5, 2014 called “Neighborhood Night Out;” and
WHEREAS, Neighborhood Night Out provides an exceptional opportunity for residents
throughout the city to join their neighbors in promoting community and safe neighborhoods; and
WHEREAS, the City of Fort Collins plays a vital role in assisting with neighborhood
community building, crime prevention and quality of life enhancement within fort Collins by
supporting “Neighborhood Night Out”; and
WHEREAS, it is essential that all citizens of Fort Collins be aware of the importance
that their participation can have on the safety and enjoyment of their neighborhood; and
WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to
help make our community a safe and enjoyable place to live, work and play.
NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim Tuesday, August 5, 2014, as
NEIGHBORHOOD NIGHT OUT
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of July, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, April to September is the season most commonly associated with snowmelt
flooding and thunderstorm flash flooding; and
WHEREAS, Fort Collins has experienced the social, economic and environmental
consequences of loss of life and damage to property caused by flood disasters; and
WHEREAS, emergency preparedness depends on the leadership and efforts of public
officials dedicated to public safety; and
WHEREAS, emergency preparedness requires the establishment of farsighted and
proactive public policy; and
WHEREAS, the people of Fort Collins can reduce the potential for loss of life and
damage to property when threatened by these events, by being informed and prepared, and by
taking proper protective action, as evidenced during the September 2013 flood event on the
Poudre River.
NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim the week of July 12-19, 2014, as
FLOOD AWARENESS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of July, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Nancy Nichols, Safe Routes to School Coordinator
SUBJECT
Second Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue into the
Transportation Services Fund for the Safe Routes to School Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates unbudgeted funds
received through a grant for the Safe Routes to School Program. The City of Fort Collins FC Moves
Department has received a $25,822 federal grant through the Colorado Department of Transportation for the
2014-15 Safe Routes to School (SRTS) program. This funding will allow the City’s Safe Routes to School
Program (administered and staffed by FC Moves) to enhance its pedestrian and bicycle safety education
programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 091, 2014 (PDF)
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Nancy Nichols, Safe Routes to School Coordinator
SUBJECT
First Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue into the Transportation
Services Fund for the Safe Routes to School Program.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unbudgeted funds received through a grant for the Safe Routes to
School Program. The City of Fort Collins FC Moves Department has received a $25,822 federal grant through
the Colorado Department of Transportation for the 2014-15 Safe Routes to School (SRTS) program. This
funding will allow the City’s Safe Routes to School Program (administered and staffed by FC Moves) to
enhance its pedestrian and bicycle safety education programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This is the latest of several CDOT grants received by the City’s Safe Routes to School program since 2007,
totaling $415,822.
The City of Fort Collins FC Moves staff develops and administers the local SRTS program. The success of the
program is based on collaborations with local partners including Poudre School District (PSD), Thompson
School District, Bicycle and Pedestrian Education Coalition, Healthier Communities Coalition, Safe Kids
Larimer County, Boys & Girls Clubs of Larimer County, Bike Fort Collins, various City departments (Traffic
Operations, Police, Engineering, Streets), individual schools and parents.
Both the 2008 Bicycle Plan and the 2011 Bicycle Safety Education Plan (BSEP) call for the City and
community partners to provide bicycle education for children. BSEP specifically recommends that at least
11,000 K-12 students are engaged in safety education annually and that each school has at least one trained
bicycle-safety educator.
A major goal of the overall SRTS program is to double the number of children who safely bike and walk to
school - from an estimated of 20% to 25% of local schoolchildren currently to 50% in 2015 and beyond.
Per the grant scope of work, the Fort Collins SRTS program will work with local K-8 schools during the 2014-
15 school year. Specific objectives of the grant include:
• Bicycle and Pedestrian Safety Education for K-5 Students - The SRTS program will deliver its
comprehensive safety education program to physical education classes at the following PSD schools
during the 2014-15 school year: Irish Elementary, Laurel Elementary, Linton Elementary, and Putnam
Elementary.
ATTACHMENT 1
Packet Pg. 12
Attachment1.1: First Reading Agenda Item Summary (w/o attachments) (2144 : SR 091 Safe Routes to School)
Agenda Item 9
Item # 9 Page 2
• Safe Routes to School Bike Fleet for Middle-School Students - Expand the existing SRTS bike fleet by
purchase of 20 additional bikes to be housed as a satellite SRTS fleet at Lincoln Middle School. After this
acquisition, the SRTS fleet will total 73 bikes.
This project directly supports City Plan and the City’s Transportation Master Plan:
City Plan: Policy SW 2.3 - Support Active Transportation
Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use, as outlined in the Pedestrian Plan and Bicycle Plan.
Transportation Master Plan: Policy T 8.1 - Support Active Transportation
Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use.
FINANCIAL / ECONOMIC IMPACTS
The Colorado Department of Transportation (CDOT) is providing the full $25,822, with no matching funds
required. The funds will be allocated as outlined in the CDOT-approved scope of work (see Attachment 1:
2014-15 SRTS Non-infrastructure Grant Application). The City can begin utilizing the funds immediately upon
City Council’s approval of this appropriation.
Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of
active transportation. Economic savings are a clear result when people shift away from motor vehicle use,
particularly for short trips, and opt instead to walk or bike. These savings are realized by both individual
families as well as the larger community.
Choosing to walk or bike translates to personal savings for families through fewer car trips and reduced costs
for vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a
more physically active populace translates to lower health-care costs by reducing the incidence of disease
associated with physical inactivity and air pollution.
Shifts to active transportation modes also impact the community’s economy through less wear and tear on
roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic
congestion and less air pollution.
ENVIRONMENTAL IMPACTS
Public-health and environmental agencies are recognizing the connection between active transportation
choices and improved health of both people and the environment.
According to the Centers for Disease Control and Prevention, “Although motor vehicle emissions have
decreased significantly over the past three decades, air pollution from motor vehicles continues to contribute to
the degradation of our environment and adverse respiratory and cardiovascular health effects.”
The CDC specifically mentions Safe Routes to School as a means of ameliorating the negative impacts of
motor vehicle emissions and chronic diseases stemming from physical inactivity among children.
BOARD / COMMISSION RECOMMENDATION
The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS
program. Both groups have shown strong support for the program’s goals as well as for grant funding to
Packet Pg. 13
Attachment1.1: First Reading Agenda Item Summary (w/o attachments) (2144 : SR 091 Safe Routes to School)
Agenda Item 9
Item # 9 Page 3
support the program. The program is also guided by a PSD Safe Routes to School Steering Committee, which
meets three times annually.
PUBLIC OUTREACH
The 2014-15 SRTS grant application was developed by the City’s FC Moves staff after consultation with key
partners, including PSD teachers and staff, the Bicycle and Pedestrian Education Coalition, the Healthier
Communities Coalition, and Poudre School District.
Public outreach is ongoing throughout the school year. Student, teacher, principal, PTA/PTO, and parent
feedback is used to refine programs to be responsive to community needs.
ATTACHMENTS
1. 2014-15 SRTS Non-infrastructure Grant Application (PDF)
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Attachment1.1: First Reading Agenda Item Summary (w/o attachments) (2144 : SR 091 Safe Routes to School)
- 1 -
ORDINANCE NO. 091, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE TRANSPORTATION
SERVICES FUND FOR THE SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, the Safe Routes to School Program established by the Colorado Department
of Transportation (CDOT) is designed to promote the safety of students traveling to and from
school and to encourage more students to choose walking or bicycling to and from school; and
WHEREAS, the City’s FC Moves Division has received a Safe Routes to School
Program grant in the amount of $25,822 from CDOT for State fiscal year 2014 – 2015 (the
“Grant”); and
WHEREAS, the Grant will be used for bicycle and pedestrian safety education for K-5
students and to expand the Safe Routes to School Bike Fleet for middle-school students; and
WHEREAS, the Grant does not require the City to provide local matching funds; 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 Grant funds will not
cause the total amount appropriated in the Transportation Services Fund - FY 2014-2015 Safe
Routes to School program to exceed the current estimate of actual and anticipated revenues to be
received during the 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 Transportation Services Fund the sum of TWENTY-FIVE THOUSAND EIGHT
HUNDRED TWENTY-TWO DOLLARS ($25,822) for the Safe Routes to School Program.
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment1.2: Ordinance No. 091, 2014 (2144 : SR 091 Safe Routes to School)
- 2 -
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment1.2: Ordinance No. 091, 2014 (2144 : SR 091 Safe Routes to School)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Jennifer Hensley, Finance Coordinator
Matt Robenalt, Executive Director
SUBJECT
Second Reading of Ordinance No. 092, 2014, Appropriating Prior Year Reserves in the Downtown
Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown
Plan of Development.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates unanticipated revenue
for the Downtown Development Authority for projects and programs that enhance the downtown area. These
funds, totaling $1,822,273, are from interest earnings, project savings, and from prior year bond proceeds. The
DDA Board has authorized the expenditure on various projects and programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 092, 2014 (PDF)
Packet Pg. 17
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Jennifer Hensley, Finance Coordinator
Matt Robenalt, Executive Director
SUBJECT
Second Reading of Ordinance No. 092, 2014, Appropriating Prior Year Reserves in the Downtown
Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown
Plan of Development.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated revenue for the Downtown Development Authority for
projects and programs that enhance the downtown area. These funds, totaling $1,822,273, are from interest
earnings, project savings, and from prior year bond proceeds. The DDA Board has authorized the expenditure
on various projects and programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Downtown Development Authority (the "DDA") was created in 1981 with the purpose, according to State
statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and
City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In
order to carry out the purposes of the State statute and the Plan of Development, the City, on behalf of the
DDA, has issued various notes and tax increment bonds. The first issuance of tax increment bonds occurred
in 1984 with subsequent issues through 2012.
Over the past year, proceeds from DDA tax increment financing (TIF) revenues that have not been spent have
accumulated interest earnings. These funds, as well as the project savings, need to be appropriated for
expenditure. The amount of interest earnings is currently $95,209 and project savings is $795,732. Also, the
DDA needs to appropriate 2010, 2011, and 2012 bond proceeds that were earmarked “Bonded but not
Appropriated” for expenditure in the respective amounts of $379,639, $299,605, and $252,088.
The subject funds of this appropriation have been directed by the DDA Board for the following purposes:
1. Old Town Square Renovation: This project will address the overstressed infrastructure and make
strategic design improvements to the physical space. Design process, including public engagement, is
occurring throughout 2014 with construction anticipated to begin early 2015.
2. Facade Grant Program: Established by the DDA Board in 2006, the Facade Grant Program provides
DDA investment of up to 25% of eligible feature costs on vertical façade elements of historic and non-
historic buildings in the DDA boundary. To date, the Program has assisted in the enhancement and
rehabilitation of twenty-three buildings in the downtown area.
ATTACHMENT 1
Packet Pg. 18
Attachment2.1: First Reading Agenda Item Summary (w/o attachments) (2140 : SR 092 DDA Appropriation)
Agenda Item 10
Item # 10 Page 2
3. River District Improvements: Willow Street: This project includes continued implementation of the
Downtown River District Streetscape Improvement Project Plan. Savings from the DDA’s $1 million
contribution to the Linden Street project phase are proposed for redirection into the final design of
Willow Street as overseen by the City Engineering Department.
4. Storm Water/Utility Matching Grant - Willow Street: This project will encourage Willow Street property
owners to hire a civil engineer to review/coordinate with the City’s engineering design team on storm
water and utilities issues related to the owners’ future vision for the property.
Staff has provided DDA Board Minutes summaries for all of the projects and programs described above. All of
the projects and programs listed for funding through this appropriation have been approved by the DDA Board
of Directors. All approvals by the DDA Board are made contingent upon City Council appropriation of these
funds to fulfill the DDA’s commitment to the projects and programs.
FINANCIAL / ECONOMIC IMPACTS
The DDA Board has authorized expenditure on the following projects and programs which will be funded with
this appropriation:
1. Old Town Square Renovation $1,519,708
2. Facade Grant Program 100,000
3. River District Improvements - Willow Street 187,565
4. Storm Water/Utility Matching Grant - Willow Street 15,000
$1,822,273
BOARD / COMMISSION RECOMMENDATION
At its November 14, 2013 meeting, the Downtown Development Authority Board of Directors adopted the
appropriation of funds as stated above.
ATTACHMENTS
1. DDA Boundary map (PDF)
2. DDA minutes, November 14, 2013 (PDF)
Packet Pg. 19
Attachment2.1: First Reading Agenda Item Summary (w/o attachments) (2140 : SR 092 DDA Appropriation)
- 1 -
ORDINANCE NO. 092, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
DOWNTOWN DEVELOPMENT AUTHORITY FUND
FOR EXPENDITURE ON PROJECTS AND PROGRAMS IN ACCORDANCE
WITH THE DOWNTOWN PLAN OF DEVELOPMENT
WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981,
establishing the Fort Collins, Colorado Downtown Development Authority (the “DDA”); and
WHEREAS, the DDA’s Plan of Development was approved by the City Council on
September 8, 1981, and established the purpose of the DDA and the types of projects and
programs in which the DDA would participate; and
WHEREAS, bond proceeds from 2008 through 2012 have accrued interest earnings in
the amount of $95,209; and
WHEREAS, DDA and City staff have identified project savings of $795,732 from bond
proceeds currently in reserves; and
WHEREAS, DDA and City staff have also identified the following bond proceeds that
have not yet been appropriated: 2010 Bond Series - $379,639; 2011 Bond Series - $299,605; and
2012 Bond Series - $252,088; and
WHEREAS, on November 14, 2013, the Board of Directors of the DDA voted to
recommend to the City Council the appropriation of the above-referenced funds for expenditure
on DDA projects and programs in accordance with the Downtown Plan of Development; 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 anticipated revenue as
described herein will not cause the total amount appropriated in the DDA 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 reserves in the DDA
Fund the sum of ONE MILLION EIGHT HUNDRED SEVEN THOUSAND TWO HUNDRED
SEVENTY-THREE DOLLARS ($1,807,273) to be used for the DDA projects and programs
stated below:
Packet Pg. 20
Attachment2.2: Ordinance No. 092, 2014 (2140 : SR 092 DDA Appropriation)
- 2 -
Old Town Square Renovation $1,519,708
Façade Grant Program 100,000
River District Improvements - Willow Street 187,565
Storm Water/Utility Matching Grant - Willow Street 15,000
Total Projects/Programs $1,822,273
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 21
Attachment2.2: Ordinance No. 092, 2014 (2140 : SR 092 DDA Appropriation)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Second Reading of Ordinance No. 093, 2014, Appropriating Unanticipated Revenue in the Capital Projects
Fund for the Willow Street Improvements Project and Authorizing the Transfer of Appropriations from the
Building on Basics Pedestrian Plan and ADA Improvements Project into the Willow Street Improvements
Project.
EXECUTIVE SUMMARY
This ordinance, unanimously adopted on First Reading on July 1, 2014, appropriates DDA and local funds into
the Willow Street Improvements Project. Previous planning efforts for the Downtown River District identified
improvements along Willow Street as a top priority project within the River District. Engineering design is
schedule to begin in summer of 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 093, 2014 (PDF)
Packet Pg. 22
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Items Relating to an Intergovernmental Agreement with the Downtown Development Authority for the Willow
Street Improvements Project.
EXECUTIVE SUMMARY
A. Resolution 2014-051 Authorizing the Mayor to Execute an Intergovernmental Agreement with the
Downtown Development Authority to Transfer Funding to the Willow Street Improvements Project.
B. First Reading of Ordinance No. 093, 2014, Appropriating Unanticipated Revenue in the Capital Projects
Fund for the Willow Street Improvements Project and Authorizing the Transfer of Appropriations from the
Building on Basics Pedestrian Plan and ADA Improvements Project into the Willow Street Improvements
Project.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement with the Downtown
Development Authority (DDA) and to appropriate both DDA and local funds into the Willow Street
Improvements Project. Previous planning efforts for the Downtown River District identified improvements
along Willow Street as a top priority project within the River District. Engineering design is schedule to begin in
summer of 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Downtown River District (District) encompasses an area bordered by Jefferson Street and North College
Avenue to the west, Lincoln Street to the southeast, and the Poudre River to the northeast. The District is a
unique part of Fort Collins, encompassing the original Old Fort Site, the heart of the community’s beginnings.
At the same time, the River District serves as a link to Old Town and the Poudre River for various housing,
retail, and mixed use developments.
Over the past several years, the City has partnered with the DDA, the Colorado Department of Transportation
(CDOT), and other interested stakeholders to establish a list of comprehensive improvements within the
District to address both short-term and long-term needs. The overlying goal for the improvements was to
create a new sense of place by making the area welcoming, visually pleasing, and ready for infill development.
In addition, the City and the DDA developed a prioritization plan recommending high priority projects within the
District as funding became available. The plan identified improvements along Willow Street as a high priority.
ATTACHMENT 1
Packet Pg. 23
Attachment3.1: First Reading Agenda Item Summary (w/o attachments) (2147 : SR 093 Willow Street Project)
Agenda Item 11
Item # 11 Page 2
This Council Action will authorize the Mayor to sign an Intergovernmental Agreement (IGA) with the DDA to
transfer remaining DDA funds from the recently constructed Linden Streetscape Improvements Project to the
Willow Street Improvements Project.
This Council Action will also appropriate $187,565 in DDA funds and $57,435 in Development Obligation funds
to the Capital Projects fund to begin the engineering design of planned improvements along Willow Street.
Goals for the roadway and streetscape improvements along Willow Street include designing:
On-Street Parking
On-Street Bike Lanes
10-foot and 20-foot Sidewalks
Urban Design Features
Culturally Significant Design Features
Utility Upgrades and Improvements
Roadway Improvements
All of the planned improvements will be designed to be environmentally sensitive to the Poudre River and will
be consistent with previous planning and construction efforts, including the Downtown River District
Streetscape Improvements Project, the Fort Collins Downtown River District Preliminary Planset, and the
Linden Streetscape Improvements Project. Improvements will also be designed to facilitate infill development
and coordinate with development currently in the planning process or already under construction.
Construction of designed improvements will occur as funding becomes available.
FINANCIAL / ECONOMIC IMPACTS
The following is a summary of the funding available to begin engineering design for Willow Street within the
Downtown River District.
Funds to be Appropriated per this Action
Downtown Development Authority (DDA) Funds $187,565
Development Obligation Funds $57,435
Total to be Appropriated $245,000
The $187,565 consists of project savings associated with the DDA’s Linden Intersection Grant from the
recently completed Linden Streetscape Improvements Project. These funds are currently being retained by
the DDA. The City received obligation payments from developers of adjacent property which resulted in
additional savings to the DDA’s Linden Intersection Grant of $57,435.00. The DDA intends for the Linden
Intersection Grant savings totaling $245,000 to be redirected to the Willow Street Improvements Project.
These funds will be used to begin designing improvements along Willow Street.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long-term air and storm water quality. The addition of improved
bicycle and pedestrian facilities, along with on-street parking, will increase the number of people walking and
biking along Willow Street, resulting in air quality improvement. All of the planned improvements will be
designed to be environmentally sensitive to the Poudre River.
Staff anticipates the design of various utility improvements as part of this project, including a new storm sewer
system. Once constructed, the new system will include a stormwater quality component to remove suspended
solids and hydrocarbon contaminants from roadway drainage prior to discharge into receiving waters.
One particular challenge associated with the project is the presence of a known Environmental Protection
Agency (EPA) Superfund site within the project limits. Staff must follow appropriate design and construction
Packet Pg. 24
Attachment3.1: First Reading Agenda Item Summary (w/o attachments) (2147 : SR 093 Willow Street Project)
Agenda Item 11
Item # 11 Page 3
procedures if any underground improvements are to be implemented. Staff is aware of the procedures and is
planning to coordinate with interested stakeholders accordingly.
BOARD / COMMISSION RECOMMENDATION
The project team has yet to present to any boards or commissions, but expects to provide regular updates to
the City’s Transportation Board, the Landmark Preservation Commission, and others interested in the project.
PUBLIC OUTREACH
The project team plans significant public outreach throughout the project, including public open houses,
individual meetings with property owners, and multimedia outreach, including a project website. In addition,
the project team will work closely with the DDA to design a project meeting both the City’s and the DDA’s
goals.
ATTACHMENTS
1. Location Map (PDF)
2. DDA staff memo for Willow Street IGA, June 12, 2014 (PDF)
Packet Pg. 25
Attachment3.1: First Reading Agenda Item Summary (w/o attachments) (2147 : SR 093 Willow Street Project)
- 1 -
ORDINANCE NO. 093, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL
PROJECTS FUND FOR THE WILLOW STREET IMPROVEMENTS PROJECT AND
AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE BUILDING ON
BASICS PEDESTRIAN PLAN & ADA IMPROVEMENTS PROJECT INTO THE WILLOW
STREET IMPROVEMENTS PROJECT
WHEREAS, the City has partnered with the Downtown Development Authority (DDA),
the Colorado Department of Transportation, and other interested stakeholders to establish a list
of comprehensive improvements within the Downtown River District to address short-term and
long-term needs; and
WHEREAS, the overarching goal is to create a new sense of place by making the
Downtown River District welcoming, visually pleasing, and ready for infill development; and
WHEREAS, Willow Street improvements have been identified as a high priority; and
WHEREAS, the Willow Street Improvements Project will begin the engineering design
of planning improvements including on-street parking, on-street bike lanes, 10 foot and 20 foot
sidewalks, utility upgrades and improvements, roadway improvements, and urban and culturally
significant design features; and
WHEREAS, pursuant to Resolution 2014-051, which approved an intergovernmental
agreement with the Downtown Development Authority (DDA), the DDA will grant the City
$187,565 for the Willow Street Improvements Project; and
WHEREAS, in 2013, the City received $57,435 in Development Obligation Funds
related to this project, of which $43,890 has already been appropriated, for a total of $245,000 to
begin the design of the Willow Street Improvements; and
WHEREAS, by the adoption of Ordinance 131, 2013, $43,890 of the Development
Obligation Funds was appropriated last year into the BOB Pedestrian Plan and ADA
Improvements project and will be transferred with this ordinance into the Willow Street
Improvements Project; 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 Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
Packet Pg. 26
Attachment3.2: Ordinance No. 093, 2014 (2147 : SR 093 Willow Street Project)
- 2 -
year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged.
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 revenue from the
DDA in the Capital Projects Fund the sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND
FIVE HUNDRED SIXTY-FIVE DOLLARS ($187,565) for expenditure in the Willow Street
Improvements Project.
Section 2. That there is hereby appropriated from unanticipated Development
revenue in the Capital Projects Fund the sum of THIRTEEN THOUSAND FIVE HUNDRED
FORTY-FIVE DOLLARS ($13,545) for expenditure in the Willow Street Improvements Project.
Section 3. That the unexpended appropriated amount of FORTY-THREE
THOUSAND EIGHT HUNDRED NINETY DOLLARS ($43,890) of Development Obligation
Funds in the Capital Projects Fund, Building on Basics Pedestrian Plan & ADA Improvements
Project is hereby authorized for transfer to the Willow Street Improvements Project and
appropriated therein.
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 27
Attachment3.2: Ordinance No. 093, 2014 (2147 : SR 093 Willow Street Project)
- 3 -
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 28
Attachment3.2: Ordinance No. 093, 2014 (2147 : SR 093 Willow Street Project)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Josh Weinberg, City Planner
Karen McWilliams, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town Historic District.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 1, 2014, updates the Old Town Fort Collins
Historic District (Old Town District) Design Standards. The Old Town Design Standards, originally adopted in
1981, require substantial revisions to address current historic preservation practices and development
concerns related to infill and redevelopment within and around the Old Town District. The update to the design
standards will define and illustrate characteristics for compatible future development within the Old Town
District and in the adjacent area, and a means for incorporating modern sustainable building practices into
historic preservation projects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 094, 2014 (PDF)
Packet Pg. 29
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Josh Weinberg, City Planner
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town Historic District.
EXECUTIVE SUMMARY
The purpose of this item is to update the Old Town Fort Collins Historic District (Old Town District) Design
Standards. The Old Town Design Standards, originally adopted in 1981, require substantial revisions to
address current historic preservation practices and development concerns related to infill and redevelopment
within and around the Old Town District. The update to the design standards will define and illustrate
characteristics for compatible future development within the Old Town District and in the adjacent area, and a
means for incorporating modern sustainable building practices into historic preservation projects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In early 2013, Historic Preservation staff received a grant from the State Historical Fund to partially fund an
update to the design standards document for Fort Collins' Old Town Historic Landmark District (Old Town
District). Winter & Co. of Boulder, CO was chosen in May 2013 as the project consultant. Primary project goals
are to provide clear guidance for LPC members, City staff, property owners, and developers in the review of
projects within the District; incorporate elements of green building and sustainable design; and highlight
successful preservation projects that have already occurred in the District.
Historic Old Town Fort Collins is renowned as a highly successful example of how historic preservation,
economic development and community planning have combined to create a dynamic sense of place essential
to the community’s quality of life. In 2006, for example, Money Magazine named Fort Collins the best place to
live in the United States, and cited Old Town as Fort Collins’ integral social and economic resource. Today,
Historic Old Town stands as a link to the past, while serving as an engine for economic development for the
community-at-large.
Most of the structures within the Old Town District were built between 1878 and the early 1900s. The hub of
Fort Collins’ commerce and industry, the District’s buildings underwent numerous alterations and
modernizations, notably in the 1960s and the early 1970s. Revitalization began in the late 1970s with local,
state, and national register designation, and a communitywide commitment to preservation. Throughout the
1980s, 1990s, and 2000s, nearly every historic building within the District was restored and/or rehabilitated.
Highlighting these “success stories” is one of the project goals.
This document utilizes an innovative and creative format to be user friendly. “Before and after" examples are
used to illustrate the document and demonstrate the functionality of the preservation standards. The format
makes use of charts and diagrams that help users plan projects efficiently and quickly determine which
ATTACHMENT 1
Packet Pg. 30
Attachment4.1: First Reading Agenda Item Summary (w/o attachments) (2146 : SR 094 Old Town Design Standards)
Agenda Item 12
Item # 12 Page 2
sections of the document apply. The document also incorporates computer-generated models of alternative
approaches for various design topics, including additions, rehabilitation and new construction. Additionally,
information on sustainability and the use of substitute materials are interwoven through the document.
FINANCIAL / ECONOMIC IMPACTS
There are no direct financial or economic impacts associated with the adoption of the Design Standards.
However, Design Standards for Historic Districts assist property owners to qualify for federal, state and local
financial incentive programs available only to designated properties. Additionally, research conducted by
Clarion Associates has shown that historically designated buildings and districts retain higher property values
than those that are not designated. Clarion attributed this to the fact that future owners also qualify for the
financial incentives; the perception that designated properties are better maintained; the appeal of owning a
recognized historic landmark; and the assurance of predictability that design review offers.
ENVIRONMENTAL IMPACTS
There are no direct environmental impacts associated with this project. However, preservation and
rehabilitation of historic buildings supports the City’s sustainability goals. As with all historic preservation
projects, use of existing materials and infrastructure is maximized, and reduces waste deposits in landfills from
demolition. Additionally, historic buildings are traditionally designed to be energy efficient, with many
sustainable features that respond to climate and site. When effectively restored and reused, these features
bring about substantial energy savings. Such projects also preserve and highlight important and interesting
aspects of Fort Collins social history.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission discussed this item at three work sessions: June 26, October 23, and
December 11, 2013. The Commission unanimously recommended adoption of the Design Standards at its
regular meeting on May 14, 2014.
The Planning and Zoning Board discussed this item at its work session on January 3, 2014. The Board
unanimously recommended adoption of the Design Standards at its regular meeting on June 12, 2014.
Boards and Commission Outreach
- Work Sessions with Landmark Preservation Commission (June 26, October 23, and December 11, 2013)
- Work Session with Planning and Zoning Board (January 3, 2014)
- Downtown Development Authority (February 13, 2014)
- Parking Advisory Board (March 10, 2014)
- Natural Resources Advisory Board (March 19, 2014)
- Economic Advisory Commission (April 17, 2014)
- Landmark Preservation Commission recommendation for adoption (May 14, 2014)
- Planning and Zoning Board recommendation for adoption (June 12, 2014)
PUBLIC OUTREACH
Citizen Outreach
- Tour of subject areas with consultant and stakeholder group (June 26, 2013)
- Poudre River Project Open House, Lincoln Center (June 26, 2013)
- Public Workshops (October 3 and November 13, 2013 and April 30, 2014)
- Website: <http://www.fcgov.com/historicpreservation/otrd-design-standards-and-guidelines.php> (October
2013 - May 2014)
Packet Pg. 31
Attachment4.1: First Reading Agenda Item Summary (w/o attachments) (2146 : SR 094 Old Town Design Standards)
Agenda Item 12
Item # 12 Page 3
- Poster and table at joint Planning and Transportation open house, Museum and Discovery Science Center
(February 20, 2014)
- Correspondence with representatives of Save the Poudre and Protect Our Old Town Homes (Ongoing)
ATTACHMENTS
1. Old Town Historic District map (PDF)
2. Old Town Historic District Design Standards (PDF)
3. Work Session Summary, April 8, 2014 (PDF)
4. Planning and Zoning Board Minutes, June 12, 2014 (PDF)
5. Landmark Preservation Commission Minutes, May 14, 2014 (PDF)
Packet Pg. 32
Attachment4.1: First Reading Agenda Item Summary (w/o attachments) (2146 : SR 094 Old Town Design Standards)
- 1 -
ORDINANCE NO. 094, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING DESIGN STANDARDS FOR THE OLD TOWN HISTORIC DISTRICT
WHEREAS, pursuant to City Code Section 14-2, the City Council has established a
public policy encouraging the protection, enhancement and perpetuation of landmarks and
landmark districts within the City; and
WHEREAS, the Old Town Historic District was designated by Ordinance No. 170, 1979,
of the City Council and subsequently amended by Ordinance No. 124, 1998; and
WHEREAS, in 2013, the City received a grant from the State Historical Fund to partially
fund an update to the Design Standards for the Old Town Historic District to incorporate
elements of green building and sustainable design, and to highlight successful preservation
projects that have occurred in the Old Town Historic District; and
WHEREAS, the new Design Standards will serve to encourage public knowledge and
appreciation of the architectural character of Old Town and the history of the City, and will serve
as the regulatory document to be used by the City for review of projects within the Old Town
Historic District; and
WHEREAS, following substantial public outreach, and upon the favorable
recommendation of the Landmark Preservation Commission and the Planning and Zoning Board,
the City Council has determined that the new Design Standards for the Old Town Historic
District are in the best interests of the City and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the new Design Standards for the Old Town Historic District, a copy
of which is on file in the office of the City Clerk, are hereby adopted to serve as a regulatory
document to be used by the Landmark Preservation Commission and, if applicable, the Planning
and Zoning Board in the review and approval of applicable projects located in the Old Town
Historic District, which district is more particularly described on Exhibit “A”, attached hereto
and incorporated herein by this reference.
Section 2. That the Design Standards for the Old Town Historic District originally
adopted in 1981 are hereby repealed.
Packet Pg. 33
Attachment4.2: Ordinance No. 094, 2014 (2146 : SR 094 Old Town Design Standards)
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 34
Attachment4.2: Ordinance No. 094, 2014 (2146 : SR 094 Old Town Design Standards)
OLD TOWN
HISTORIC DISTRICT
EXHIBIT A
Attachment4.2: Ordinance No. 094, 2014 (2146 : SR 094 Old Town Design Standards)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Kevin Gertig, Utilities Executive Director
Carol Webb, Regulation & Govt Affairs Manager
SUBJECT
Second Reading of Ordinance No. 096, 2014, Authorizing the Mayor to Execute the First Amendment to the
Amended and Restated Intergovernmental Agreement with the Fort Collins-Loveland Water District, the Fort
Collins-Loveland Water District Enterprise and the Fort Collins Water Utility Enterprise.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 1, 2014, authorizes the Mayor to execute the
First Amendment to the amended and restated intergovernmental agreement (IGA) with the Fort Collins-
Loveland Water District, the Fort Collins-Loveland Water District Enterprise, and the City of Fort Collins Water
Utility Enterprise for the delivery of potable water. The item will require the party that exceeds the allotment of
water allowed for exchange to provide raw water reimbursement in addition to the charges for treatment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 096, 2014 (PDF)
Packet Pg. 36
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Kevin Gertig, Utilities Executive Director
Carol Webb, Regulation & Govt Affairs Manager
SUBJECT
First Reading of Ordinance No. 096, 2014, Authorizing the Mayor to Execute the First Amendment to the
Amended and Restated Intergovernmental Agreement with the Fort Collins-Loveland Water District, the Fort
Collins-Loveland Water District Enterprise and the Fort Collins Water Utility Enterprise.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to execute the First Amendment to the amended and
restated intergovernmental agreement (IGA) with the Fort Collins-Loveland Water District, the Fort Collins-
Loveland Water District Enterprise, and the City of Fort Collins Water Utility Enterprise for the delivery of
potable water. The item will require the party that exceeds the allotment of water allowed for exchange to
provide raw water reimbursement in addition to the charges for treatment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The original Amended and Restated Intergovernmental Agreement was approved on September 13, 2013 to
be effective with the new “Water Year” on November 1, 2013. Upon operationalizing the terms of the
Agreement it was discovered that the transfer of raw water along with payment for any water transfer
“overages” was not included in the IGA as intended. The terms of the agreement are mutual so that the same
settlement terms apply to any imbalance owed to Fort Collins Utilities or FCLWD.
FINANCIAL / ECONOMIC IMPACTS
Approval of this Amendment will allow the party providing excess water in any given month to recover the raw
water component associated with producing that potable water.
ENVIRONMENTAL IMPACTS
This ongoing Agreement makes for more efficient use of existing infrastructure, thereby delaying any
expansion of the Soldier Canyon Filter Plant owned and operated by the Tri-Districts, or the construction of a
new water treatment facility.
BOARD / COMMISSION RECOMMENDATION
The objectives of amending this Agreement were presented to the Water Board on June 20, 2013. The Water
Board voted unanimously to recommend approval of amending the Intergovernmental Agreement for the
ATTACHMENT 1
Packet Pg. 37
Attachment5.1: First Reading Agenda Item Summary (w/o attachments) (2143 : SR 096 FCLWD IGA)
Agenda Item 14
Item # 14 Page 2
Delivery of Potable Water with Fort Collins Loveland Water District and the future amendment to the similar
Intergovernmental Agreement with the North Weld County Water District.
Packet Pg. 38
Attachment5.1: First Reading Agenda Item Summary (w/o attachments) (2143 : SR 096 FCLWD IGA)
- 1 -
ORDINANCE NO. 096, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO
THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
WITH THE FORT COLLINS-LOVELAND WATER DISTRICT,
THE FORT COLLINS-LOVELAND WATER DISTRICT ENTERPRISE,
AND THE CITY OF FORT COLLINS WATER UTILITY ENTERPRISE
FOR THE DELIVERY OF POTABLE WATER
WHEREAS, the City owns a water utility which acquires, treats, transmits and distributes
potable water (hereinafter referred to as “the City Water Utility”); and
WHEREAS, in doing so, the City owns and the City Water Utility operates a water
treatment plant located at 4316 LaPorte Avenue, Fort Collins, Colorado (hereinafter referred to
as “the City’s Treatment Plant”); and
WHEREAS, the City Water Utility distributes potable water to its customers through a
variety of water transmission facilities located within the City (hereinafter referred to as “the
City’s Transmission Facilities”); and
WHEREAS, the Fort Collins-Loveland Water District (the “District”) is a special district
organized and existing under Colorado law that also operates a water utility which distributes
potable water through a variety of water transmission facilities located within Larimer County,
Colorado (hereinafter referred to as “the District’s Transmission Facilities”); and
WHEREAS, in order to establish updated arrangements for the delivery of potable water
by amending and updating previously existing agreements, the City and the District negotiated
and presented for formal approval in late 2013 an Amended and Restated Intergovernmental
Agreement for the Delivery of Potable Water (the “Agreement”), which was approved on
October 15, 2013, by the City Council through its adoption of Ordinance No. 135, 2013; and
WHEREAS, the Agreement has been fully signed and implemented by the parties; and
WHEREAS, in the course of implementing the Agreement, staff has identified an
ambiguity regarding the requirement to provide raw water to offset imbalances in water
delivered under the Agreement, and recommends that this requirement be clarified and
confirmed amongst the parties to the Agreement through the adoption of a First Amendment to
the Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference (the
“Amendment”); and
WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and the District 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 (“Charter”)
additionally provides that the City Council may, by resolution or ordinance, enter into contracts
Packet Pg. 39
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
- 2 -
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, Article XII, Section 6 of the Charter provides that the City Council shall by
ordinance from time to time fix, establish, maintain, and provide for the collection of such rates,
fees or charges for water and electricity, as will produce revenues sufficient to pay the cost of
operation and maintenance of the utilities in good repair and working order, and for other
enumerated purposes; and
WHEREAS, the City’s Water Utility Enterprise (the “City Enterprise”) and the Fort
Collins-Loveland Water District Enterprise (the “District Enterprise”) were created by the City
and the District, respectively, in order to comply with the provisions of Section 20, Article X of
the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes and to
permit the City and the District, acting through their respective enterprise, to issue revenue bonds
and enter into multi-year fiscal obligations in connection with their operation of a water utility;
and
WHEREAS, the City Enterprise and the District Enterprise are made parties to the
Agreement solely for the purpose of entering into any multi-year fiscal obligation imposed under
this Agreement; and
WHEREAS, the City Enterprise is authorized in Section 26-43 of the Code of the City of
Fort Collins to enter into contracts relating to the City’s water system.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby approves the Amendment, and finds and
determines the Agreement to be for the benefit of the City Water Utility and its ratepayers.
Section 2. That the Council hereby authorizes the Mayor to execute the Amendment
on behalf of the City, in substantially the form attached hereto as Exhibit “A”, together with such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines necessary and appropriate to protect the interests of the City or further the purposes
of this Ordinance.
Packet Pg. 40
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
- 3 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 41
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
1
FIRST AMENDMENT TO
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
FOR THE DELIVERY OF POTABLE WATER
This First Amendment (“Amendment”) to the Amended and Restated Intergovernmental
Agreement for the Delivery of Potable Water (“Water Delivery Agreement” or “Agreement”) is
made and entered into this ___ day of ________________, 2014, effective as of November 1,
2013, nunc pro tunc, by and between the CITY OF FORT COLLINS, a Colorado municipal
corporation, (hereinafter referred to as “the City”), the CITY OF FORT COLLINS WATER
UTILITY ENTERPRISE, an enterprise of the City (hereinafter referred to as “the City
Enterprise”), the FORT COLLINS-LOVELAND WATER DISTRICT, a political subdivision of
the State of Colorado, (hereinafter referred to as “the District”), and the FORT COLLINS-
LOVELAND WATER DISTRICT ENTERPRISE, an enterprise of the District (hereinafter
referred to as “the District Enterprise”) (all collectively referred to as the “Parties”).
W I T N E S S E T H :
WHEREAS, the Parties entered into the Water Delivery Agreement on September
13, 2013, effective as of November 1, 2013, in order to establish updated terms and
conditions for the delivery of potable water; and
WHEREAS, the Parties have determined that the transfer of raw water for water
delivery overages was intended by them to be an element of the Water Delivery
Agreement; and
WHEREAS, in order to incorporate said additional term to the Water Delivery
Agreement, the Parties desire to enter into, as of the effective date of said Agreement, this
First Amendment.
EXHIBIT A
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Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
2
NOW, THEREFORE, in consideration of the foregoing recitals, the Parties’ mutual
terms, covenants and conditions contained herein, and other good and valuable consideration, the
receipt and accuracy of which are hereby acknowledged, the Parties agree as follows:
1. Amendment to Paragraph 4.B. Paragraph 4.B of the Agreement is hereby amended to
read as follows:
B. For all water delivered under this Agreement, in any given month within a Water
Year that the respective amounts requested by and delivered to each of the parties
differ by no more than twelve million (12,000,000) gallons (the “Carryover
Limit”), then the calculation of applicable overage charges under this subparagraph
B will be carried over and incorporated into the calculation and related billing for
overage charges for the succeeding month. In any month that the respective
amounts requested by and delivered to each of the parties, adjusted by any
carryover from the preceding month as set forth above, differ by more than the
Carryover Limit, the party receiving the greater amount (the “Owing Party”) shall
owe to the other party (the “Owed Party”) compensation (in the form of payment
and transfer of raw water) for the difference between the amount delivered in such
month and the Carryover Limit (the “Overage”) as described in paragraph C
below:
2. Amendment to Paragraph 4.C. Paragraph 4.C of the Agreement is hereby amended to
read as follows:
C. It is the intent of the Parties to adjust the rate payable for an Overage over
approximately a three year period. The City is projecting rate increases of 4%
annually over the next several years. The rate shall become equal to the full
Packet Pg. 43
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
3
treatment charges of the City beginning in calendar year 2017. For deliveries in all
calendar years after 2017, the rate for overage charges shall be adjusted annually
on a calendar year basis at a rate consistent with the overall rate increase to the
entire customer base of the City.
1. The schedule to step into the full rate shall be as follows:
a. For deliveries in the remainder of calendar year 2013 and the full
calendar year 2014, treatment charges shall be due from the Owing
Party to the Owed Party on the Overage calculated at the rate of One
Dollar and Thirty-Five and Zero Hundredths Cents ($1.3500) per
thousand gallons of metered flows.
b. For deliveries in calendar year 2015, treatment charges shall be due
from the Owing Party to the Owed Party on the Overage calculated at
the rate of One Dollar and Sixty-Nine and Twenty Hundredths Cents
($1.6920) per thousand gallons of metered flows.
c. For deliveries in calendar year 2016, treatment charges shall be due
from the Owing Party to the Owed Party on the Overage calculated at
the rate of Two Dollar and Three and Thirty-Eight Hundredths Cents
($2.0338) per thousand gallons of metered flows.
2. Such compensation shall be paid within thirty (30) days after the issuance
of the related invoice by the Owed Party and it shall be paid by the City
Enterprise or the District Enterprise, as applicable, solely from the net
revenues of their respective water utilities.
3. The Owing Party shall transfer raw water from the Colorado-Big
Packet Pg. 44
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
4
Thompson Project (“CBT”) to the Owed Party in an amount equal to the
volume of the Overage, within ten (10) days after the issuance of the
related invoice by the Owed Party. All transfers of CBT water shall be
made in accordance with rules established by the Northern Colorado Water
Conservancy District (“NCWCD”).
4. No Further Modification. Except as expressly amended by this Amendment, the
Water Delivery Agreement is unmodified and shall continue in full force and effect.
IN WITNESS WHEREOF, the said City has caused this agreement to be executed by its
Mayor, attested to by its City Clerk with the corporate seal of said City hereunto affixed, the said
District have caused this agreement to be executed by its president, and the City Enterprise and
the District Enterprise have each cause this agreement to be executed by its respective president,
as of the day and year first above written, in duplicate.
THE CITY OF FORT COLLINS
A Municipal Corporation
By: __________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ ________________________
City Clerk Deputy City Attorney
Packet Pg. 45
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
5
CITY OF FORT COLLINS WATER
UTILITY ENTERPRISE
An Enterprise of the City
By: __________________________
Enterprise President
ATTEST:
_____________________
Enterprise Secretary
FORT COLLINS-LOVELAND
WATER DISTRICT,
A Political Subdivision of the State of Colorado
ATTEST: By:
, President
___________________________
, Secretary
FORT COLLINS - LOVELAND
WATER DISTRICT ENTERPRISE,
An Enterprise of the District
ATTEST: By:
, President
___________________________
, Secretary
Packet Pg. 46
Attachment5.2: Ordinance No. 096, 2014 (2143 : SR 096 FCLWD IGA)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Kevin Gertig, Utilities Executive Director
Carol Webb, Regulation & Govt Affairs Manager
SUBJECT
Second Reading of Ordinance No. 097, 2014, Authorizing the Mayor to Execute an Intergovernmental
Agreement with the North Weld County Water District, the North Weld County Water District Enterprise, and
the Fort Collins Water Utility Enterprise for the Delivery of Potable Water.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 1, 2014, authorizes the Mayor to execute an
amended and restated intergovernmental agreement (IGA) with the North Weld County Water District
(NWCWD), the North Weld County Water District Enterprise, and the City of Fort Collins Water Utility
Enterprise for the delivery of potable water. The amendment makes adjustments to the costs associated with
exchanging water between the City and the NWCWD to reflect actual expenses, adjusts the requirement to
balance accounts from annually to monthly, adjusts the allocation of water that is allowed to be exchanged,
and provides for the transfer of associated raw water for any imbalance in excess of the allocation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 097, 2014 (PDF)
Packet Pg. 47
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Kevin Gertig, Utilities Executive Director
Carol Webb, Regulation & Govt Affairs Manager
SUBJECT
First Reading of Ordinance No. 097, 2014, Authorizing the Mayor to Execute an Intergovernmental Agreement
with the North Weld County Water District, the North Weld County Water District Enterprise, and the Fort
Collins Water Utility Enterprise for the Delivery of Potable Water.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to execute an amended and restated intergovernmental
agreement (IGA) with the North Weld County Water District (NWCWD), the North Weld County Water District
Enterprise, and the City of Fort Collins Water Utility Enterprise for the delivery of potable water. The
amendment makes adjustments to the costs associated with exchanging water between the City and the
NWCWD to reflect actual expenses, adjusts the requirement to balance accounts from annually to monthly,
adjusts the allocation of water that is allowed to be exchanged, and provides for the transfer of associated raw
water for any imbalance in excess of the allocation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1999, a Joint Transmission Study was completed by Fort Collins Utilities and the Tri-Districts to determine
the need for additional transmission capacity throughout the community. An outcome of that study was the
determination that the City’s existing infrastructure had sufficient capacity to provide potable water to the North
Weld County Water District (NWCWD) on an on-demand, as-available basis, to meet day-to-day demands for
the delivery of potable water to customers and avoid expensive duplication of transmission facilities.
The current water sharing agreement between the City and NWCWD has been in effect since 2000 for that
purpose. Two delivery points into the NWCWD distribution system were specified in the agreement, as were
two points of entry into the Fort Collins Utilities transmission system from the Soldier Canyon Filter Plant
(SCFP) on behalf of NWCWD. The intention of the water sharing agreement was to allow for an annual
balancing between how much water was conveyed through the Fort Collins Utilities transmission system from
SCFP and how much water was taken from the Fort Collins Utilities transmission system by NWCWD. No
changes are being proposed to the leasing terms and associated transmission charges.
Many of the terms of the agreement concerning the balancing and settlement of imbalances are outdated,
however, including the amount of water being shared, the points of delivery for any shared water as discussed
above and the settlement price of any resulting annual imbalance. In an effort to address these
inconsistencies, Fort Collins Utilities and NWCWD have negotiated new terms for the agreement over the past
year.
ATTACHMENT 1
Packet Pg. 48
Attachment6.1: First Reading Agenda Item Summary (w/o attachments) (2142 : SR 097 NWCWD IGA)
Agenda Item 15
Item # 15 Page 2
Ongoing development within the NWCWD service area has decreased the need for daily flows of water
through the Fort Collins Utilities transmission system into the NCWWD distribution system. The amended
agreement being proposed herein will decrease the daily flow limit from 12 to 9 MGD. (Please note that Fort
Collins Utilities amended the existing water sharing agreement with Fort Collins-Loveland Water District to
increase the maximum daily flow of that agreement from 9 MGD to 12 MGD in October 2013, hence there is no
change in the combined treatment capacity obligation by Fort Collins Utilities for these agreements.)
The current water sharing agreement allows for an annual settlement of any imbalance at $0.36 per thousand
gallons with no raw water being provided. This settlement price is well below the current direct cost of
treatment and much less the current total cost of treatment. As such, the fixed price of settlement, along with
no raw water being provided in the settlement, is no longer acceptable to Fort Collins Utilities. To date, all
annual imbalances have fallen within the specified 5% limit, which allows the imbalance to be carried forward
into the next water year. However, in the foreseeable future, this may not be the case. To make it possible to
not require annual settlements in the past, it has been necessary for NWCWD to push significant amounts of
water to Fort Collins Utilities during shoulder months (February - April and September - October) in order to
offset the significant imbalance that occurs during the irrigation season (May - August). In effect, Fort Collins
Utilities has provided NWCWD with treatment capacity to meet their peak demand without compensation in the
past. The proposed amendment will address these issues by allowing for annual adjustments in the settlement
price, requiring raw water is transferred between parties and requiring monthly settlement of any imbalance in
excess of 9 million gallons. The proposed settlement price (the “Overage” charge) for 2014 is $1.6920 per
thousand gallons, inclusive of the payment in-lieu of taxes plus transmission charges as outlined in the current
agreement. The Overage charge for future years shall reflect all costs to produce treated water at the City’s
Treatment Plant and shall be determined by the City’s Cost of Service Study. This rate for overage charges
shall be adjusted annually on a calendar year basis at a rate consistent with the overall rate increase to the
e4ntire customer base of the City.
The terms of the agreement are mutual so that the same settlement terms apply to any imbalance owed to Fort
Collins Utilities or NWCWD. Because Fort Collins Utilities has excess treatment capacity and the agreement
outlines the right of refusal by either party of water through daily communication, it is not anticipated that Fort
Collins Utilities will have a need to take sufficient water from NWCWD to result in a monthly imbalance
requiring settlement under normal operating conditions.
Lastly, on the water sharing agreement, both parties are agreeable to making the proposed amendments
effective beginning with the 2013-14 water year, which began on November 1, 2013.
FINANCIAL / ECONOMIC IMPACTS
The financial impact of the proposed amendment affecting the sharing of water between the two parties is
difficult to quantify as it depends greatly on the annual variability in water demand. Monthly imbalances
requiring settlement are likely in the irrigation season (May - August) when NWCWD has historically taken
more water than it has returned to Fort Collins Utilities. Thus, amending the agreement to have monthly rather
than annual settlements may increase the cost of water for NWCWD customers as it will no longer allow
NWCWD to effectively use this agreement to meet its summer peak demand through the use of treatment
capacity it has not invested in creating. Correspondingly, it may offset some of the indirect treatment costs
currently paid by Fort Collins Utilities customers through the monthly settlement of any imbalance.
ENVIRONMENTAL IMPACTS
This ongoing Agreement makes for more efficient use of existing infrastructure thereby delaying any expansion
of the SCFP or the construction of a new water treatment facility. The potential environmental impacts of either
of those solutions to meet NWCWD’s growing demand for treated water would at a minimum be deferred by
several years by continuing with this cooperative arrangement.
Packet Pg. 49
Attachment6.1: First Reading Agenda Item Summary (w/o attachments) (2142 : SR 097 NWCWD IGA)
Agenda Item 15
Item # 15 Page 3
BOARD / COMMISSION RECOMMENDATION
The objectives of amending this Agreement were presented to the Water Board on June 20, 2013. The Water
Board voted unanimously to recommend approval of amending the Intergovernmental Agreement for the
Delivery of Potable Water with Fort Collins Loveland Water District and the future amendment to the similar
Intergovernmental Agreement with the North Weld County Water District.
Packet Pg. 50
Attachment6.1: First Reading Agenda Item Summary (w/o attachments) (2142 : SR 097 NWCWD IGA)
- 1 -
ORDINANCE NO. 097, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE NORTH WELD COUNTY WATER DISTRICT,
THE NORTH WELD COUNTY WATER DISTRICT ENTERPRISE,
AND THE CITY OF FORT COLLINS WATER UTILITY ENTERPRISE
FOR THE DELIVERY OF POTABLE WATER
WHEREAS, the City owns a water system through which it treats, transmits and
distributes potable water (the “City Water System”); and
WHEREAS, as part of the City Water System, Fort Collins operates a water treatment
plant located at 4316 LaPorte Avenue, Fort Collins, Colorado (the “City Treatment Plant”); and
WHEREAS, the North Weld County Water District (the “District”) is a special district
organized and existing under Colorado law that also operates a water system (the “District Water
System”) to distribute potable water through a variety of water transmission facilities located
within Larimer County, Colorado (“District Transmission Facilities”); and
WHEREAS, the City and the District have previously entered into that certain
Intergovernmental Agreement for Delivery of Potable Water, dated June 1, 2000 (the “Water
Delivery Agreement”), which provides for the delivery of treated water by the City and the
District to each other on demand, as available, to meet day-to-day demands for delivery of
potable water to their respective customers, and
WHEREAS, it is in the mutual interests of the City and the District to establish updated
arrangements for the delivery of potable water by amending and updating the Water Delivery
Agreement, to reflect the current needs and commitments of the parties, and current rates and
requirements for service; and
WHEREAS, accordingly, the City and the District have negotiated the terms and
conditions set forth in the Amended and Restated Intergovernmental Agreement for Delivery of
Potable Water, attached hereto as Exhibit “A” and incorporated herein by this reference (the
“Agreement”); and
WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and the District 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 (“Charter”)
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
Packet Pg. 51
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
- 2 -
WHEREAS, Article XII, Section 6 of the Charter provides that the City Council shall by
ordinance from time to time fix, establish, maintain, and provide for the collection of such rates,
fees or charges for water and electricity, as will produce revenues sufficient to pay the cost of
operation and maintenance of the utilities in good repair and working order, and for other
enumerated purposes; and
WHEREAS, the City’s Water Utility Enterprise (the “City Enterprise”) and the North
Weld County Water District Enterprise (the “District Enterprise”) were created by the City and
the District, respectively, in order to comply with the provisions of Section 20, Article X of the
Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes and to
permit the City and the District, acting through their respective enterprise, to issue revenue bonds
and enter into multi-year fiscal obligations in connection with their operation of a water utility;
and
WHEREAS, the City Enterprise and the District Enterprise are made parties to the
Agreement solely for the purpose of entering into any multi-year fiscal obligation imposed under
this Agreement; and
WHEREAS, the City Enterprise is authorized in Section 26-43 of the Code of the City of
Fort Collins to enter into contracts relating to the City’s water system.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby approves the Agreement, including the rates, fees
and charges set forth in the Agreement, and finds and determines the Agreement to be for the
benefit of the City Water Utility and its ratepayers.
Section 2. That the Council hereby authorizes the Mayor to execute the Agreement
on behalf of the City, in substantially the form attached hereto as Exhibit “A”, together with such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines necessary and appropriate to protect the interests of the City or further the purposes
of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 52
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
- 3 -
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 53
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
Amended and Restated Water Delivery Agreement - NWCWD
July 1, 2014
1
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
FOR THE DELIVERY OF POTABLE WATER
This Amended and Restated Intergovernmental Agreement for the Delivery of Potable
Water (“Water Delivery Agreement”) is made and entered into this ___ day of _______, 2014,
effective, nunc pro tunc, as of November 1, 2013, by and between the CITY OF FORT
COLLINS, a Colorado municipal corporation, (hereinafter referred to as “the City”), the CITY
OF FORT COLLINS WATER UTILITY ENTERPRISE, an enterprise of the City (hereinafter
referred to as “the City Enterprise”), the NORTH WELD COUNTY WATER DISTRICT, a
political subdivision of the State of Colorado, (hereinafter referred to as “the District”), and the
NORTH WELD COUNTY WATER DISTRICT ENTERPRISE, an enterprise of the District
(hereinafter referred to as “the District Enterprise”) (all collectively referred to as the “Parties”).
W I T N E S S E T H :
WHEREAS, the City is a home rule municipality organized and existing under Colorado
law that owns a water utility which acquires, treats, transmits and distributes potable water
(hereinafter referred to as “the City Water Utility”); and
WHEREAS, in doing so, the City owns and the City Water Utility operates a water
treatment plant located at 4316 LaPorte Avenue, Fort Collins, Colorado (hereinafter referred to
as “the City’s Treatment Plant”); and
WHEREAS, the City Water Utility distributes potable water to its customers through a
variety of water transmission facilities located within the City (hereinafter referred to as “the
City’s Transmission Facilities”); and
WHEREAS, the District is a special district organized and existing under Colorado law
that also operates a water utility which distributes potable water through a variety of water
EXHIBIT A
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Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
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transmission facilities located within Larimer and Weld Counties, Colorado (hereinafter referred
to as “the District’s Transmission Facilities”); and
WHEREAS, the City Enterprise and the District Enterprise were created by the City and
the District, respectively, in order to comply with the provisions of Section 20, Article X of the
Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes in order to
permit the City and the District, acting through their respective enterprise, to issue revenue bonds
and enter into multi-year fiscal obligations in connection with their operation of a water utility;
and
WHEREAS, the City Enterprise and the District Enterprise are made parties to this
Agreement solely for the purpose of entering into any multi-year fiscal obligation required under
this Agreement; and
WHEREAS, the District has previously entered into that certain “Amended
Intergovernmental Agreement” dated December 9, 1995, (hereinafter referred to as “the Soldier
Canyon IGA”) with the East Larimer County Water District (hereinafter referred to as “ELCO”)
and the Fort Collins-Loveland Water District (hereinafter referred to as “FCLWD”); and
WHEREAS, the Soldier Canyon IGA by its terms created Soldier Canyon as a separate
governmental entity pursuant to C.R.S. Section 29-1-203; and
WHEREAS, the Soldier Canyon IGA provides that Soldier Canyon shall be responsible
for the operation, maintenance and management of the water treatment plant located at 4424
LaPorte Avenue, Fort Collins, Colorado, which is jointly owned by the District, ELCO and
FCLWD (hereinafter referred to as “the Soldier Canyon Treatment Plant”); and
WHEREAS, pursuant to C.R.S. Section 29-1-203(1), governmental entities in Colorado
are authorized to cooperate or contract with one another to provide any function, service or
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facility lawfully authorized to each of the cooperating or contracting governmental entities; and
WHEREAS, the City and the District have been exploring the possibility of sharing the
use of their respective water facilities in order to avoid expensive duplication of these facilities,
as well as to find ways to optimize the use of their respective water resources; and
WHEREAS, the parties, together with Soldier Canyon, have previously entered into that
certain Intergovernmental Agreement for Delivery of Potable Water, dated June 1, 2000 (“Water
Delivery Agreement”), which provides for the delivery of treated water by the City and the
District to each other on demand, as available, to meet day-to-day demands for delivery of
potable water to their respective customers; and
WHEREAS, it is in the mutual interests of the City and the District to establish updated
arrangements for the delivery of potable water by amending and updating the Water Delivery
Agreement, to reflect the current needs and commitments of the parties; and
WHEREAS, in order to update the terms of service for the delivery of potable water, the
parties have negotiated the terms and conditions set forth herein, which the parties agree amend
and restate the Water Delivery Agreement; and
WHEREAS, it is the intent of the parties, with the consent of Soldier Canyon, to remove
Soldier Canyon as a party to the Water Delivery Agreement.
NOW, THEREFORE, in consideration of the parties’ mutual promises and agreements
contained herein, and other good and valuable consideration, the receipt and accuracy of which
are hereby acknowledged, the parties hereto agree as follows:
1. Term of Agreement. The obligations of the parties under this Agreement shall be
effective as of November 1, 2013, with rates, charges and raw water requirements applied
retroactively to that date, and shall be perpetual in duration and shall not expire unless terminated
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as provided in paragraph 10 or 11 below.
2. Delivery of Potable Water to the District.
A. It is the understanding of the parties that due to the configuration of the District’s
Transmission Facilities, and the manner in which potable water flows into the
District’s System from the City’s Transmission Facilities, it is not necessary for the
District to request deliveries from the City. Instead, through its operations, the
District will coordinate with the City for the normal operation of its System so as
to allow for delivery of potable water from the City’s System to the District’s
System on an ongoing basis, at levels consistent with the terms of this Agreement
and in accordance with the terms and conditions set forth herein. The District will
notify the City in advance of any infrastructure or operational changes in the
District’s System the affect the interconnection of the systems covered under this
Agreement, except in the event of emergency circumstances, in which case the
District shall notify the City as early as reasonably possible of the emergency and
related System changes.
B. The City shall only be obligated to deliver water to the District to the extent it
legally and physically has surplus potable water available after meeting all the
needs of the customers of the City Water Utility and provided that it is reasonably
practicable for the City to operate its System so as to provide water to the delivery
points as requested and as specified in this Agreement;
C. In no event, however, shall the City be obligated under this Agreement to deliver
to the District more than nine (9) million gallons of potable water in any given day
or more than 1.25 billion (1,250,000,000) gallons of potable water in any Water
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Year (a “Water Year”, for purposes of this Agreement, shall mean November 1 of
a year to October 31 of the following year). ; and
D. For the purposes of water deliveries under this Agreement, all water deliveries
from the City to the District shall be at one of the following delivery points:
1. The cross-tie connection between the City’s Treatment Plant and the
Soldier Canyon Treatment Plant located at the City’s Treatment Plant (the
“Cross-Tie”); and
2. The existing connection between the District’s Transmission Facilities and
the City’s Transmission Facilities located in Fort Collins, Colorado, on
Summit View Drive, approximately 2,400 feet north of Vine Drive
(hereinafter referred to as the “Northeast Delivery Point”).
3. Delivery of Potable Water to the City. It is the understanding of the Parties that the City’s
need for delivery of potable water from the District has generally declined over time relative to
the District’s need for potable water from the City. The Parties do not anticipate that the City will
request water deliveries from the District to exceed any amounts beyond that necessary to offset
or balance deliveries to the District under this Agreement. To the extent that the City desires that
the District deliver potable water to the City, the City shall specifically request such delivery and
designate the date, location and amount of water to be delivered, and the District shall deliver the
potable water as requested, subject to the limitations set forth herein. The District shall only be
entitled to credit for water requested by the City and actually delivered by the District pursuant to
a City request.
A. It is the understanding of the Parties that unplanned deliveries of water into the
City’s Transmission Facilities have the potential to disrupt the functioning of the
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City’s System and operation of the City’s Water Treatment Plant. Water deliveries
to the City other than those requested have the potential to disrupt the operation of
the City’s Treatment Plant, and are not permitted. In the event that deliveries from
the District to the City begin to exceed that necessary to balance previous
deliveries from the City to the District, NWCWD shall immediately inform the
Soldier Canyon Treatment Plant to reduce production into the Transmission
Systems to a level that does not create a surplus to the City.
B. In responding to the City’s request for the delivery of water, the District shall only
be obligated to honor the City’s request to the extent it legally and physically has
surplus potable water available after meeting all the needs of its customers and
provided that it is reasonably practicable for the District to operate its System so as
to provide the water to the delivery points as requested and as specified in this
Agreement.
C. In no event, however, shall the District be obligated under this Agreement to
deliver to the City more than nine (9) million gallons of potable water in any given
day or more than 1.25 billion (1,250,000,000) gallons of potable water in any
Water Year; and
D. For the purposes of water deliveries under this Agreement, all water deliveries
from the District to the City shall be at one of the following delivery points:
1. The Cross-Tie; and
2. The Northeast Delivery Point.
4. Compensation for Water Delivered. No more than ten (10) days after the end of every
month in each Water Year, and no more than fifteen (15) days after the end of every Water Year,
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for all annual charges, the City and the District shall perform an accounting to determine the
amount of potable water delivered by each party to the other during the applicable billing period.
The parties acknowledge and agree that the rates and charges established pursuant to this
paragraph 4 incorporate surcharges, payments in lieu of taxes, and other similar additional
charges at the rates established generally for City Utility customers, which will not be separately
charged to the District. The charges shall be as set forth herein below.
A. The District shall pay annual transmission charges to the City for delivery of water
under this Agreement.
1. The District Enterprise shall pay annual transmission charges, as follows:
a. Transmission charges at a rate of Fourteen Thousand Seven
Hundred Fifty Dollars ($14,750.00) for each million gallons, or
portion thereof, delivered to the Northeast Delivery Point on the day
of the highest peak delivery during the preceding twelve (12) month
period.
2. No less frequently than after each Water Year, the City shall invoice the
District Enterprise for the total transmission charges under this Agreement
and the District Enterprise. In the City’s discretion, the City may from time
to time modify the frequency of billings and payment of the transmission
charges by providing no less than two (2) months advance written notice to
the District.
B. For all water delivered under this Agreement, in any given month within a Water
Year that the respective amounts requested by and delivered to each of the parties
differ by no more than nine million (9,000,000) gallons (the “Carryover Limit”),
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then the calculation of applicable overage charges under this subparagraph B will
be carried over and incorporated into the calculation and related billing for overage
charges for the succeeding month. In any month that the respective amounts
requested by and delivered to each of the parties, adjusted by any carryover from
the preceding month as set forth above, differ by more than the Carryover Limit,
the party receiving the greater amount (the “Owing Party”) shall owe to the other
party (the “Owed Party”) compensation for the difference between this monthly
amount delivered and the Carryover Limit (the “Overage”) as described in
paragraph C and D below:
C. The rate payable for an Overage shall be determined by the City’s Cost of Service
Study. The Overage charge shall reflect all costs to produce treated water at the
City’s Treatment Plant. This rate for overage charges shall be adjusted annually
on a calendar year basis at a rate consistent with the overall rate increase to the
entire customer base of the City
D. It is the intent of the Parties to adjust the rate payable for an Overage over the 2014
calendar year.
1. The schedule to step into the full rate shall be as follows:
a. For deliveries after the effective date and in the remainder of calendar
year 2014, treatment charges shall be due from the Owing Party to the
Owed Party on the Overage calculated at the rate of One Dollar and
Sixty-Nine and Twenty Hundredths Cents ($1.6920) per thousand
gallons of metered flows.
b. The rate shall become equal to the full treatment charges of the City
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beginning in calendar year 2015 and beyond. The rate for future years
shall be adjusted as described in paragraph C above.
2. Such compensation shall be paid within thirty (30) days after the issuance
of the related invoice by the Owed Party and it shall be paid by the City
Enterprise or the District Enterprise, as applicable, solely from the net
revenues of their respective water utilities.
3. The Owing Party agrees to transfer raw water from the Colorado-Big
Thompson Project (“CBT”) to the Owed Party in an amount equal to the
volume of the Overage. The transfer of the Raw Water Amount for each
month shall take place no later than ten (10) days after the end of such
previous calendar month. All transfers of CBT water shall be made in
accordance with rules established by the Northern Colorado Water
Conservancy District (“NCWCD”).
E. Financial obligations of the City in this paragraph 4 are intended and deemed to be
the legal obligation of the City Enterprise, and financial obligations of the District in this
paragraph 4 are intended and deemed to be the legal obligation of the District Enterprise.
F. It is the intent of the parties that overages or imbalances in water delivery amounts
will be reconciled on a monthly basis, and no balances will be carried forward from Water
Year to Water Year.
5. Water Quality. All potable water delivered to the City by the District and by the District
to the City under this Agreement shall meet or exceed all quality standards for potable water that
are required by the Environmental Protection Agency (hereinafter referred to as “the EPA”), the
Colorado Department of Public Health and Environment (hereinafter referred to as “the
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CDPHE”)(hereinafter referred to collectively as “the Water Quality Standards”). Responsibility
for ensuring that the Water Quality Standards are met for water delivered under this Agreement
shall rest upon the party delivering the water up to the point of delivery and upon the party
receiving the water after the point of delivery. In the event the EPA CDPHE imposes a water
quality standard on the City or the District that is stricter than the standard required of the other,
each party shall be required to meet that stricter standard for all potable water it delivers under
this Agreement.
In the event the City or the District discovers that any water delivered, being delivered or
to be delivered by it under this Agreement does not meet in any respect the Water Quality
Standards, it shall immediately notify the other party of the problem by telephone, followed by
written notice of the problem. Regardless of the foregoing, if at any time and for any reason the
City or the District has a good faith concern about whether the potable water to be delivered or
being delivered to it under this Agreement meets all of the Water Quality Standards, it may refuse
to accept such water. Such refusal shall not be considered as a breach of or default under this
Agreement. The City and the District further agree to notify the other party in writing of any
proposed change to their respective water treatment processes before implementing such change if
it could affect the quality of potable water delivered under this Agreement.
6. Metering and Infrastructure. In order to accurately account for the potable water delivered
under this Agreement, metering, recording and telemetry devices shall be installed and
maintained at the points of delivery specified in this Agreement. The City and the District agree
to share with each other the data from their respective metering devices.
A. The City may freely inspect each meter and metering point for any delivery point
for water under this Agreement in its discretion. The City may provide testing and
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calibration of meters as it determines necessary to maintain accurate meter
readings.
B. The parties acknowledge and agree that metering of flows at each of the delivery
points is critical for the effective operation of this Agreement. In the event that a
District-owned meter is not properly functioning to accurately measure flows, the
parties agree to first attempt to cooperatively determine the flow estimation. If
agreement on estimation cannot be reached, the City reserves the right to close the
affected connection between the District’s System and the City’s System, until
such time as a meter that will accurately measure the flows at that delivery point is
installed and operable.
C. In order to enhance the efficiency and reliability of the metering of deliveries, the
Parties agree that the City may, at its option, install new meters at the delivery
points that will measure real-time usage. If installed by the City, upon installation
said meters will be operated and maintained by the City. The flow information
from these meters will be used for determining the volumes of water delivered to
the District and in the water accounting, instead of the water meters currently
installed and owned by the District, which will no longer be in use under the Water
Agreements. In the event that a dispute regarding volumes delivered for a monthly
or annual billing as to an amount that exceeds the allowed nine million (9,000,000)
gallons, the City agrees to calibrate the meter at that time (if not in the usual
maintenance schedule). The City will provide volume information in real time to
the District in a format compatible with the District’s data collection systems.
7. Maintenance and Repairs. If the City or the District anticipates that any scheduled
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maintenance or repair of its respective facilities could significantly interfere with the delivery of
potable water under this Agreement, that party shall give the other party, if reasonably
practicable, at least seven (7) calendar days prior written notice of the scheduled maintenance or
repairs. Also, when reasonably practicable, the City and the District shall attempt to schedule
such maintenance and repairs during periods of low demand by the other party for potable water
under this Agreement. If, however, an unscheduled interruption of service under this Agreement
occurs and in order to restore such service it is necessary to make repairs to the affected facilities,
the party whose facilities are affected shall promptly notify the other party of the problem and
proceed with due diligence to make the needed repairs.
8. District’s Obligations with respect to Soldier Canyon Filter Plant (Soldier Canyon). The
parties acknowledge and agree that the District may perform its obligations under this
Agreement through Soldier Canyon to the extent they involve or relate to the delivery of water to
the City, including, without limitation: (a) satisfying the Water Quality Standards and the testing,
monitoring and reporting requirements and standards set forth in paragraph 5, above; (b)
furnishing, installing and maintaining metering, recording and telemetry devices at the Soldier
Canyon Treatment Plant pursuant to paragraph 6, above; and (c) physically controlling the
delivery of water to the City in accordance with paragraph 3, above., provided, however, that the
District will remain responsible for satisfactory performance of its obligations as a condition of
the enjoyment by the District of the benefits of this Agreement.
9. Future Cooperative Intergovernmental Agreements. The parties acknowledge that the
City and the District are currently in the process of evaluating opportunities for future
coordination, collaboration and shared services in order to provide efficient and cost-effective
services to their respective customers. Accordingly, the parties acknowledge that the
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arrangements set forth in this Agreement may be superseded or modified in the future to reflect
the outcome of those efforts.
10. Termination for Breach. Both the City and the District may terminate this Agreement
upon a material breach by the other party of any term or condition of this Agreement if such
breach continues for a substantial and unreasonable period of time, but in any event if the breach
has continued for a period of sixty (60) days after receipt by the breaching party from the non-
breaching party of a written notice of the existence of such breach. Notwithstanding any
provision contained herein to the contrary, in no event shall the City or the District terminate this
Agreement if the party at fault proceeds, after receiving said notice, with due diligence to correct
or rectify the material breach regardless of the duration of such breach. Termination of this
Agreement shall not, however, be the sole remedy of either party and any exercise of this right to
terminate shall not preclude the pursuit of any other remedy available in law or in equity to the
non-breaching party.
11. Termination/Transfer. This Agreement shall continue in effect for so long as Fort Collins
continues to provide treated water unless and until terminated: 1) by operation of law; or 2) by
either party upon the provision of written notice of termination no less than two (2) years in
advance of the date of termination; 3) by mutual agreement of the parties or 4) in the event Fort
Collins discontinues operation of its treated water system. The parties acknowledge and agree
that the obligations of Fort Collins may be assigned or transferred by Fort Collins to any
successor-in-interest capable of providing water service consistent with the terms of the
Agreement and all applicable laws.
12. Force Majeure. Notwithstanding anything contained herein to the contrary, it is agreed
that in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion,
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accident, war, illegality, act of God, or any other cause beyond the control of any party hereto, or
strikes or labor troubles (whether or not within the power of the party affected to settle the same)
prevents or delays performance by any party to this Agreement, such party shall be relieved of the
consequences thereof without liability, so long as and to the extent that performance is prevented
by such cause; provided, however, that such party shall exercise due diligence in its efforts to
resume performance within a reasonable period of time.
13. Cooperation of the Parties. The City and the District acknowledge that it is difficult to
anticipate all of the activities, situations and other factors which may be relevant to them in
satisfying their respective obligations under this Agreement. Therefore, the parties acknowledge
that it will be necessary for them to cooperate with each other relative to any such unforeseen
situations. In furtherance thereof, the City and the District agree that at the end of every Water
Year, their representatives shall meet to discuss, in good faith, any modifications that any party
believes necessary or appropriate to this Agreement in order to avoid an inequitable situation. In
the event that the parties shall mutually agree to any such modification, it shall only be effective if
set forth in writing and signed by all of the parties hereto.
14. Governing Law and Enforceability. This Agreement shall be construed in accordance
with the laws of the State of Colorado. In addition, the parties hereto recognize that there are
legal constraints imposed upon the City and the District by the constitutions, statutes, and rules
and regulations of the State of Colorado and of the United States, and imposed upon them by the
City Charter and City Code, and that, subject to such constraints, the parties intend to carry out
the terms and conditions of this Agreement. Notwithstanding any other provision of this
Agreement to the contrary, in no event shall any of the parties hereto exercise any power or take
any action which shall be prohibited by applicable law. Whenever possible, each provision of this
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Agreement shall be interpreted in such a manner so as to be effective and valid under applicable
law.
15. Indemnification.
A. In connection with the City’s performance of its obligations under this
Agreement, the City agrees, to the extent permitted by law, to indemnify and
hold harmless the District, and their respective officers and employees, against all
liabilities, claims and demands which arise from any negligent act or omission of
the City, or of its officers or employees, provided that such act or omission by the
City’s officers or employees occurred during the performance of their duties and
within the scope of their employment. In addition, the City agrees, to the extent
permitted by law, to indemnify the District, and their respective officers and
employees, from all costs and expenses related to defending such liabilities,
claims and demands, including but not limited to, litigation costs and reasonable
attorney’s fees whether or not any such liabilities, claims and demands are
groundless, frivolous, false or fraudulent.
B. In connection with the District’s performance of its obligations under this
Agreement, the District agrees, to the extent permitted by law, to indemnify and
hold harmless the City, and their respective officers and employees, against all
liabilities, claims and demands which arise from any negligent act or omission of
the District, or of its officers or employees, provided that such act or omission by
the District’s officers or employees occurred during the performance of their
duties and within the scope of their employment. In addition, the District agrees,
to the extent permitted by law, to indemnify the City, and their respective
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officers and employees, from all costs and expenses related to defending such
liabilities, claims and demands, including but not limited to, litigation costs and
reasonable attorney’s fees, whether or not such liabilities, claims and demands are
groundless, frivolous, false or fraudulent. To the extent the District will rely on
third parties, such as Soldier Canyon, to carry out elements of the District’s
performance hereunder, the District shall be responsible for ensuring any such
third parties provide adequate insurance, warranties and performance to protect
the City from loss or damage from any such performance, and the District shall be
liable to the City for claims, demands or losses of or by the City that are not cured
or remedied by, or for which the District has not secured full recourse for the
benefit of the City against such third parties.
16. Inspection of Records. Each party agrees to allow each of the other parties to this
Agreement to inspect and copy at reasonable times, with reasonable advance notice, all of its
relevant records needed by any other party to verify the quantities of potable water delivered under
this Agreement and to verify compliance with the standards and requirements of this Agreement.
17. Assignment. This Agreement shall not be assigned by any of the parties hereto without the
prior written consent of all the other parties hereto, each in its sole discretion.
18. Default/Remedies/Immunity. If any party fails to comply with the provisions of this
Agreement, the other party or parties, after providing written notification to the noncomplying
party and upon the failure of the noncomplying party or parties to achieve compliance within thirty
(30) days, may seek all such remedies as are available under Colorado law, including but not
limited to termination of this Agreement, or actual damages, but excluding any exemplary and/or
consequential damages. In the event litigation is required to enforce this Agreement, the
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prevailing party or parties shall be entitled to payment by the defaulting party or parties of actual
attorneys’ fees and costs incurred. Nothing in this paragraph 18 or any other provision of this
Agreement shall, however, be construed as a waiver of the notice requirements, defenses,
immunities, and limitations any of the Parties may have under the Colorado Governmental
Immunity Act, C.R.S. §§ 24-10-101, et seq., or any other defenses, immunities, or limitations of
liability available by law. The duties and obligations imposed by this Agreement and the rights
and remedies available hereunder to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to them which are
otherwise imposed by law or regulation, and the provisions of this paragraph will be as effective as
if repeated specifically in the Agreement in connection with each particular duty, obligation, right,
and remedy to which they apply.
19. Applicable Law. The laws of the State of Colorado and rules and regulations issued
pursuant thereto, except for choice of law principles, will be applied in the interpretation,
execution and enforcement of this Agreement.
20. Notices. Other than invoice billings which may be sent by first class mail or electronic
mail, any notice, request, demand, consent or approval, or other communication required or
permitted hereunder will be in writing and may be personally delivered, or deposited in the United
States mail or accepted for delivery by an overnight delivery service, with proper postage and
address as follows:
District: District Manager
North Weld County Water District
33247 Highway 85
Lucerne, CO 80646
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City: Utilities Executive Director
City of Fort Collins
P.O. Box 580
700 Wood Street
Fort Collins, CO 80522-0580
Any party hereto may at any time designate a different person or address for purposes of receiving
notice by so informing the other parties in writing. Notice shall be deemed effective upon actual
receipt thereof, or three (3) days after being deposited in the United States mail or accepted by an
overnight delivery service, whichever first occurs.
21. Complete Agreement. To the extent provided herein, this Agreement supersedes any and
all prior written or oral agreements and there are no covenants, conditions, or agreements between
the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto will have any force or affect whatsoever unless embodied herein in writing.
22. No Third Party Beneficiary. The terms and conditions of this Agreement, and all rights of
action relating thereto, are strictly reserved to the parties, and nothing in this Agreement shall give
or allow any claim or right or cause of action whatsoever by any other person not included in this
Agreement. Any person and/or entity, other than the parties receiving services or benefits under
this Agreement, shall be deemed an incidental beneficiary only.
23. Relationship of Parties. This Agreement does not create and shall not be construed as
creating a relationship of joint ventures, partners, or employer-employee, between the Parties. The
Parties intend that this Agreement be interpreted as creating an independent contractor
relationship. Pursuant to that intent, it is agreed that the conduct and control of the duties required
by the Agreement shall lie solely with each Party respectively, and each Party shall be free to
exercise reasonable discretion in the performance of its individual duties under this Agreement.
Neither Party shall, with respect to any activity, be considered an agent or employee of the other
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Party.
24. Waiver. No waiver or delay of enforcement by any of the parties hereto of any of the terms
and conditions of this Agreement shall be deemed to be or shall be construed as a waiver of any
other term or condition, nor shall a waiver of any breach of this Agreement be deemed to
constitute a waiver of any subsequent breach of the same provision of this Agreement.
25. Construction. This Agreement shall be construed according to its fair meaning and as if it
was prepared by all the parties hereto and shall be deemed to be and contain the entire agreement
between the parties hereto. There shall be deemed to be no other terms, conditions, promises,
understandings, statements or representations, expressed or implied, concerning this Agreement,
unless set forth in writing and signed by all of the parties hereto. Paragraph headings in this
Agreement are for convenience of reference only and shall in no way define, limit or prescribe the
scope or intent of any provision of this Agreement.
26. Severability. If any provision of this Agreement, or the application of such provision to
any person, entity or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons, entities or circumstances other than those in which it was
held invalid, shall not be affected.
27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Parties have each executed this Agreement as of the date
and year set forth above.
Packet Pg. 72
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
Amended and Restated Water Delivery Agreement - NWCWD
July 1, 2014
20
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
ATTEST: By:
Karen Weitkunat, Mayor
___________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Deputy City Attorney
CITY OF FORT COLLINS
WATER UTILITY ENTERPRISE,
An Enterprise of the City
ATTEST: By:
Karen Weitkunat, President
___________________________
City Clerk
Packet Pg. 73
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
Amended and Restated Water Delivery Agreement - NWCWD
July 1, 2014
21
NORTH WELD COUNTY
WATER DISTRICT,
A Political Subdivision of the State of Colorado
ATTEST: By:
_______________, President
___________________________
_______________, Secretary
NORTH WELD COUNTY
WATER DISTRICT ENTERPRISE,
An Enterprise of the District
ATTEST: By:
___________________, President
___________________________
________________, Secretary
By its signature below, the Soldier Canyon Filter Plant agrees that it is no longer a party to this
Agreement and has no further rights or responsibilities hereunder.
SOLDIER CANYON FILTER PLANT,
A Governmental Entity Created by
Intergovernmental Agreement
ATTEST: By:
_____________________, President
___________________________
___________________, Secretary
Packet Pg. 74
Attachment6.2: Ordinance No. 097, 2014 (2142 : SR 097 NWCWD IGA)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Susie Gordon, Senior Environmental Planner
SUBJECT
Postponement of Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City Code to
Establish Regulations Regarding Disposable Bags to August 19, 2014.
EXECUTIVE SUMMARY
Staff requests postponement of Second Reading of this Ordinance to August 19, 2014, at the request of City
Council, so that more information can be gathered and compiled to respond to questions and issues raised
regarding the ordinance.
This Ordinance was adopted on First Reading on July 1, 2014, by a vote of 5-2 (Nays: Troxell, Weitkunat)
Packet Pg. 75
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Gerry Paul, Director of Purchasing & Risk Management
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 100, 2014, Appropriating Prior Year Reserves in the General Fund to Fund
High Priority Security Enhancements.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds in the amount of $210,000 to address high priority security
findings identified by a comprehensive security assessment of City buildings. Funding is requested to
implement enhancements to address the high priority findings identified in a 2013/2014 City building security
assessment performed by Lyon & Associates. Funding will be directed to access control, alarm systems,
internal public address systems, security cameras, and minor remodels to increase security workspace
hardening.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Management staff presented and recommended implementation of fifty-five (55) high risk priority security
enhancements to ELT staff on May 7, 2014. The ELT endorsed implementation of the enhancements without
delay to increase security for City staff and citizens. Staff recommends appropriation of funds in the amount of
$210,000 for this project from prior year reserves in the General Fund.
BACKGROUND / DISCUSSION
There has been an increase in incidents of negative interaction with individuals across the City contributing to
employee’s heightened awareness and concern for security particularly in high use public environments.
In 2013, the Risk Management office contracted with a security consultant to conduct comprehensive security
assessments of 19 City building. At the conclusion of the assessment, 260 findings were identified and with the
assistance of the security consultant, City Risk Management staff categorized each finding as high priority,
medium priority, low priority or procedural. Fifty-five (55) of the findings were categorized as high priority.
Prioritization Criteria: High priority assessment enhancements address areas of highest probability for
increased risk of employee or citizen injury, use of existing voice over internet protocol (VOIP) phone systems
to enhance emergency communications in City buildings, and security cameras installed in areas of high use
by children such as recreation facilities.
The list of high priority items was provided to Operations Services and Information Technology for price
quotes. The price to accomplish all items on the list as proposed by the security consultant is $538,460. After
review, a scaled back alternative option was proposed that functionally achieves similar levels of enhanced
security with an estimated price of $210,000.
Packet Pg. 76
Agenda Item 8
Item # 8 Page 2
Implementation of the high priority items will increase the level of security in City facilities creating a safe,
healthy and secure environment for both employees and citizens.
FINANCIAL / ECONOMIC IMPACTS
The total cost to implement the recommended high priority enhancements is $210,000.
ENVIRONMENTAL IMPACTS
While no air, soil or water environments will be impacted by this request, the safety and security of the
employee and citizen environment will be enhanced.
ATTACHMENTS
1. Security High Priority List (PDF)
Packet Pg. 77
High Priority
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
Access Control
AC
215 North Mason
Muni Court
Install lockboxes for weapons in the space previously
occupied by the Fire Extinguisher cabinet.
High $3,500 Ops Services
AC
281 N. College
Keyless fob entry access control should be provided on
XX doors. (waiting on floor plan to include number of
doors to fob) Hoping to have this information 3/27/14
High $35,000 Ops Services
2,500 per door X 11 doors and
adding 4 doors
$38,500
Alarms
ALM
Mulberry Pool
The Reception Desk should be equipped with a
panic/duress alarm which when activated will send an
alarm to the contract alarm company, but will also
actuate the camera call-up system which will display the
scene on up to five computers, and activate strobe lights
in designated offices.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
ALM
City Park Pool
Consideration should be given to installing an intrusion
alarm on the Chemical Storage Room, which when
activated will emit a very loud audible alarm.
High $5,000 Ops Services
ALM
City Park Pool
A panic/duress alarm interfaced with camera call-up
software should be installed beneath the counter in the
Cashiers Office. If the alarm is activated, the camera
behind the Cashier will automatically display the situation
on 5 previously designated computers.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
Summary - City of Fort Collins Building
Security Assessments 2013/2014
Legend:
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
ALM
Atzlan Community
Center
A panic/duress alarm should be installed at the front
counter, which when activated will cause strobe lights in
five different offices to commence flashing, and if tied in
with camera call-up software, will display the situation on
5 computer screens
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
ALM
Lee Martinez Farm
A panic/duress alarm should be installed on the wall
immediately behind the Receptionist/Cashier, and a large
smile icon placed directly beneath it. When activated, the
alarm should activate strobe lights in various locations to
alert other personnel of possible danger.
High $5,000 Ops Services
ALM
Museum of
Discovery
Install a panic/duress alarm at the Reception Desk, which
when activated, will cause the CCTV camera located on
the wall behind the receptionist to display the activity on 5
computer screens of pre-designated personnel.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
ALM
Museum of
Discovery
Install a panic/duress alarm at the Cashiers Counter in
the Gift Shop.
High $5,000 Ops Services
ALM
Senior Center
A panic/duress alarm should be installed at the
Reception Desk, which when activated will display the
activity as captured by the nearest CCTV camera on 5
computer screens, as well as activate strobe lights in the
offices of five Staff members.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
ALM
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
ALM
City Park Shop
Install a panic/duress alarm at the Reception Desk, which
when activated will display the activity as captured by the
nearest CCTV camera on five computer screens of pre-
selected Staff, as well as activate strobe lights in those
same 5 offices.
High $5,000 Ops Services
Option II - Panic button
installation without call-up to
camera system or strobe.
ALM
215 North Mason
Muni Court
Install a panic/duress alarm at the Judges Bench. When
activated, a CCTV camera will display the ongoing scene
on 5 computers in the Municipal Court Offices, and
actuate strobe lights in the Foyer of the Courtroom, and
the main hallway.
High $5,000 Ops Services
Option II - Panic button
installation without call-up to
camera system or strobe.
ALM
215 North Mason
Muni Court
A second panic alarm should be installed in the Bailiffs
Box.
High $100 Ops Services
ALM
215 North Mason
Muni Court
A panic/duress alarm should be installed in attny office
desk, which when activated will actuate a strobe light
located above his door in the hallway..
High $5,000 Ops Services
ALM
215 North Mason
Muni Court
A panic/duress alarm should be installed in attny office
desk, which when activated will actuate a strobe light
located above his door in the hallway
High $100 Ops Services
ALM
215 North Mason
Muni Court
Panic/duress alarms should be installed at all front
counter positions, which when activated, will actuate the
camera and display the situation on 5 Staff computers.
High $5,000 Ops Services
ALM
CMO
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
PA
Atzlan Community
Center
Strong consideration should be given to updating and
repairing the existing Public Address (PA) system.
Currently it cannot be understood in some areas, and
cannot be heard in others. The system should provide an
option whereby the person in charge of the Reception
Desk can override all other communications.
High $450 Ops Services
Option II - VOIP system only $25
per phone extension.
PA
Museum of
Discovery
While the facility does have a Public Address system,
with recent renovations some areas are currently
uncovered. The system should be expanded to include
these areas.
High $875
Ops Services /
Kathy
Henggeler
Option II - VOIP system only $25
per phone extension.
PA
Senior Center
The facility has one Public Address System (PA) which is
in the Natatorium which allow employees to contact the
Reception Desk. It apparently does not work consistently
well, nor do employees know how to use the system.
Consideration should be given to repairing the existing
system, and with integration software, expand the system
to the entire building.
High Ops Services
Option II - Already budgeted as
part of the remodel.
PA
Traffic Department
The VOIP telephone system should be integrated with
the Public Address system, and at least two speakers
should be mounted in the yard.
High $500
Kathy
Henggeler
Option II - VOIP system only $25
per phone extension.
PA
281 N. College
The VOIP telephone system should be integrated with
the Public Address system.
High $2,725
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
RMDL
215 North Mason
Muni Court
Kevlar or other bullet resistant material should be
installed under underneath the jusdes bench similar to
what was provided under council benches.
High $20,000 Ops Services
$25,000
Security Cameras
SC
Mulberry Pool
Install a CCTV camera in the Southwest Corner of the
Lobby to monitor visitors entering and exiting the building,
particularly minor children.
High $1,931 Jared Soares
a video management and storage
server would be required per
physical location/department.
Facilities that house multiple
departments/workgroups, may
share the server. However, this
may be dependent on regulatory
guidelines and departmental
needs/requirements for a higher
level of security and privacy.
Approximate cost of server is
$8,500.00.
Mulberry Pool Server $8,500
SC
Mulberry Pool
Install a CCTV camera at top of the stairs between the
1st and 2nd floors.
High $1,931 Jared Soares
SC
Mulberry Pool
Install a CCTV camera high on the Southwest wall of the
natatorium in a position to view all pool activities.
High $1,931 Jared Soares
SC
Mulberry Pool
Install a CCTV camera on the Northeast corner of the
cycling/exercise room in a position to monitor the pool
recreation area and the bleachers.
High $1,931 Jared Soares
SC
Mulberry Pool
Position a CCTV camera on the North wall in a position
to monitor the Equipment Room and the Chemical
Storage Room.
High $1,931 Jared Soares
5
Packet Pg. 82
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
SC
City Park Pool
A CCTV camera should be mounted on the wall behind
the cashier, and a monitor placed inside the Lifeguards
Office
High $1,931 Jared Soares
a video management and storage
server would be required per
physical location/department.
Facilities that house multiple
departments/workgroups, may
share the server. However, this
may be dependent on regulatory
guidelines and departmental
needs/requirements for a higher
level of security and privacy.
Approximate cost of server is
$8,500.00.
City Park Pool Server $8,500
SC
City Park Pool
Mount a second CCTV camera on the exterior wall of the
Lifeguards Office in a position to view Chemical Storage
and Maintenance Building, as well as the East side of the
pool.
High $1,931 Jared Soares
SC
City Park Pool
Place a third CCTV cameras underneath the roof
overhang of the Club Tico building in a position to view
the pool and the water slides.
High $1,931 Jared Soares
SC
Nix Farm
Install a CCTV camera on the North wall of the Reception
area of the Nix Farm House in a position to view visitors
entering the building and the Receptionist.
High $1,931 Jared Soares
a video management and storage
server would be required per
physical location/department.
Facilities that house multiple
departments/workgroups, may
share the server. However, this
may be dependent on regulatory
guidelines and departmental
needs/requirements for a higher
level of security and privacy.
Approximate cost of server is
$8,500.00.
6
Packet Pg. 83
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
Nix Farm Server $8,500
SC
Nix Farm
Install two (2) CCTV cameras in the Shop in a position to
monitor the two personnel doors and the garage doors.
High $1,931 Jared Soares
$44,810
Safety
SFTY
EPIC
Install a plastic yellow chain across the loading dock, and
install alternating black and yellow tape on the lip of the
dock to prevent an individual from inadvertently falling
into the truck bay
High Ops Services
To be completed through
Recreation
SFTY
Mulberry Pool
From a safety and emergency evacuation perspective,
the lips of all stairs on the two staircases between the 1st
and 2nd floors, and all the stairs in the Natatorium should
be highlighted with non-skid black and yellow tape.
High Ops Services
To be completed through
Recreation
SFTY
City Park Pool
The lips of all stairs in the Mechanical Room should be
highlighted with non-skid florescent black and yellow
tape.
High Ops Services
To be completed through
Recreation
SFTY
Atzlan Community
Center
The lips of all stairs between the 1st and 2nd floors
should be highlighted with non-skid florescent yellow and
black tape.
High Ops Services
To be completed through
Recreation
SFTY
Museum of
Discovery
Pathway lighting should be installed on both sides of the
stairs in the Digital Dome, and the lip of each stair clearly
delineated to prevent slips and falls.
High $15,000 Ops Services
SFTY
Senior Center
Type Location Task description
Priority
Low
Medium
High
Estimated
Cost
Contact Comments
215 North Mason
Muni Court
The Security Officer assigned to the Municipal Court
works from 7:30am - 11:00am Monday, Wednesday and
Thursday. His presence may also be required at trials
and hearing on civil infractions, which may occur after the
regularly assigned hours. As there is no security in this
building, and taking into account it's openness and the
critical function performed therein, it might be prudent to
extend the hours of operation to 7:30am - 4:30pm,
Monday through Friday.
High Dept.
Administrative.
An offer is being developed in the
15/16 BFO for funding to staff
security guard.
$2,500
Total $207,360
8
Packet Pg. 85
Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
- 1 -
ORDINANCE NO. 100, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
TO FUND HIGH PRIORITY SECURITY ENHANCEMENTS
WHEREAS, the City is committed to providing the public and employees with safe and
secure facilities and work environments; and
WHEREAS, a comprehensive security assessment was completed in 2013 to address the
increase in incidents of negative interaction that has resulted in heightened awareness and
concern for security in high-use public environments; and
WHEREAS, the assessment identified 260 findings with 55 of the findings classified as
high priority; and
WHEREAS, staff is requesting $210,000 from prior year General Fund reserves to
implement enhancements to address the high priority security findings; and
WHEREAS, staff recommends this project be funded from the General Fund as this
project focuses on public and employee security; and
WHEREAS, funding will include alarm systems, internal public address systems,
security cameras, and minor remodels to increase security workspace hardening; 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.
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 TWO HUNDRED TEN THOUSAND DOLLARS ($210,000) to fund
high priority security enhancements.
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Packet Pg. 86
- 2 -
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 87
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
First Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code Relating to Art in
Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to amend Article XII of Chapter 23 of the City Code relating to Art in Public Places.
This Ordinance increases the threshold for art projects requiring City Council approval from $10,000 to
$60,000 to align with the City’s Purchasing Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council established the Art in Public Places (APP) program by adopting Ordinance No. 020, 1995 which added
Section 23-303 to the City Code. The Council permanently adopted the APP Program, and reenacted City
Code Chapter 23, Article XII, with certain modifications in 2012.
Currently, Chapter 23, Article XII (Art in Public Places), requires any art project with a cost of $10,000 or more be
approved by City Council, after the project has been reviewed and voted on by the APP Board and before going to
contract. The APP Board is requesting this threshold be increased to $60,000. The threshold has not changed
since the APP program’s inception in 1995. Given inflation and increases in the City’s purchasing threshold over
the years, this is a much needed change that will more efficiently utilize limited staff resources. The APP Board is
also requesting this budget threshold be reviewed every five years to remain in alignment with the City Purchasing
Code.
The City’s Director of Purchasing has recommended the APP program budget threshold increase to $60,000 to be
consistent with existing Purchasing Code exemptions, including City Code Chapter 8, Article IV, Section 8-161(a)
(1), which authorizes the Purchasing Agent to negotiate without formal competition the purchase of materials,
professional services, services or construction not to exceed $60,000 per project.
FINANCIAL / ECONOMIC IMPACTS
Implementing this modification would change the City Code to state that the APP Board would make
recommendations to the City Council concerning the use of funds in excess of sixty thousand dollars ($60,000)
for the acquisition, installation, donation, and maintenance of works of art. Projects approved by the APP
Board that involve sixty thousand dollars or less will be submitted to the Purchasing Agent for contracting,
without going to the City Council.
Packet Pg. 88
Agenda Item 9
Item # 9 Page 2
BOARD / COMMISSION RECOMMENDATION
At its March 26, 2014 meeting, the APP Board discussed this City Code revision with Councilmember
Overbeck. The APP Board sent a memo to the Mayor and Councilmembers on June 10, 2014, recommending
the Code change (Attachment 1).
ATTACHMENTS
1. Art in Public Places Board Memo, June 10, 2014 (PDF)
Packet Pg. 89
1
Cultural Services
Art in Public Places
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.416-2789
970.221-6373 – fax
www.fcgov.com/artspublic
Date: June 10, 2014
To: Mayor and Councilmembers
From: Liz Good, Chair, Art in Public Places Board
Purpose: Art in Public Places City Code Revision
Dear Mayor and Councilmembers,
As active members of the Art in Public Places (APP) Board and involved citizens in the Fort Collins
community, we want to thank you for your support of the City of Fort Collins’ Art in Public Places
program.
At the March 26, 2014 meeting, Council Liaison Bob Overbeck joined the APP meeting to get input
from the Board members. Discussion was had regarding raising the threshold for APP projects that
go before City Council.
• The APP Board requests the amount at which art projects require City Council approval be
raised from $10,000 and above to $60,000 and above.
Currently, the Art in Public Places ordinance requires art projects that are $10,000 or more be
approved by resolution by City Council before going to contract. The APP Board is requesting this
threshold amount be increased, as it hasn’t changed since the program’s inception in 1995.
Given inflation and increases in the City’s purchasing threshold over the years, this is a much
needed change. We also request that this budget threshold be reviewed every five years to remain
in alignment. City Council would still review the large, impactful projects.
With input from Gerry Paul, Director of Purchasing, the threshold is suggested to be increased to
$60,000, to be consistent with other Purchasing Code exemptions. The Purchasing Code
authorizes the Purchasing Director to negotiate without formal competition the purchase of
materials, professional services, services or construction not to exceed $60,000 per year.
The APP Board also looks forward to continuing our conversation with Councilmember
Overbeck on ways to increase support and forward the goals of the Art in Public Places
program. Some of these topics include how the General Fund can support special gateway
projects, increase staff hours enabling further outreach to raise public awareness and
involvement and to implement special projects, and expanding APP’s role with private
development.
Thank you for considering our request to increase the threshold requiring City Council approval
on art projects. Should Council support this effort, we will work with the appropriate City staff to
prepare an Ordinance change to be brought to City Council for approval.
Packet Pg. 90
Attachment9.1: Art in Public Places Board Memo, June 10, 2014 (2131 : Art in Public Places City Code Revision)
- 1 -
ORDINANCE NO. 101, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE XII OF CHAPTER 23 OF THE CITY CODE
RELATING TO ART IN PUBLIC PLACES
WHEREAS, on April 25, 1995, the City Council adopted Ordinance No. 020, 1995,
establishing the Art in Public Places (APP) Program, adopting the Art in Public Places
Guidelines, and setting goals and requirements for the acquisition, maintenance and exhibition of
public art by the City; and
WHEREAS, On April 7, 1998, the City Council adopted Ordinance No. 047, 1998,
which reenacted the APP Provisions of the City Code with certain modifications; and
WHEREAS, Section 8-161(a) of the City Code currently authorizes the Purchasing Agent
to negotiate and contract for purchases of materials, professional services, and construction
costing sixty thousand dollars or less without first submitting such purchases for City Council
approval; and
WHEREAS, City staff is proposing an amendment to the APP provisions in Article XII
of Chapter 23 of the City Code to align the APP purchasing threshold with purchasing
exemptions elsewhere in the City Code; and
WHEREAS, the proposed amendment would increase the threshold for which City
Council approval is required prior to contacting for certain APP projects, increasing it from
$10,000 to $60,000; and
WHEREAS, the Council desires to amend Article XII of Chapter 23 of the City Code as
provided herein to align the APP purchasing threshold with purchasing exemptions elsewhere in
the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 23-308 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-308. Acquisition of works of art.
The APP Board shall make recommendations to the City Council concerning the use of
funds in excess of ten thousand dollars ($10,000.) sixty thousand ($60,000) for the
acquisition, installation and maintenance of works of art. The construction project from
which the funds were generated should generally be the site where the funds will be used.
However, funds may be expended at other sites when the APP Board determines such
expenditure is appropriate based on the considerations set forth in the guidelines. The
APP Board may appoint a selection committee to make recommendations to the APP
Board concerning the selection of artists, works of art and the placement of works of art.
The selection committee may include artists, architects, City representatives and
members of the public.
Packet Pg. 91
- 2 -
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 92
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Carol Thomas, Transfort Safety Security Training Manager
SUBJECT
First Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code Regarding Payment of
Fares for Use of Public Transportation Vehicles.
EXECUTIVE SUMMARY
The purpose of this item is to provide local legislation specific to fare payment requirements on public
transportation. This proposed Traffic Code is intended to provide local legislation specific to fare payment
requirements on public transportation. This Traffic Code amendment is patterned after an existing Colorado
statute that directly addresses fare payment requirements on public transportation; a local code would provide
due process of fare violations through Municipal Court.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Standard public transit vehicles have an on-board fare box through which fare payment is accounted for: upon
boarding, customers deposit a cash fare, slide a transit pass or show a youth ID, which is monitored by the bus
operator.
In May 2014, the City launched a bus rapid transit (BRT) system that accounts for fares in a different way.
Similar to light rail systems, BRT vehicles do not have in-vehicle fare boxes; instead, customers purchase a
single fare or transit pass before boarding, at ticket vending machines that are located on each platform and at
transit centers. An off-board payment system significantly speeds up the boarding process since customers
may board through any door, but it requires legal enforcement since there isn’t a fare box. Enforcement of valid
fare payment on BRT will be carried out through random fare checks by authorized transit staff (Transit Service
Officers) and/or public law enforcement officials, who will issue citations for fare violations; adoption of a local
Traffic Code will allow these violations to be processed through Municipal Court.
The BRT introductory fare-free period will end in August 2014, at which time customers will be required to
purchase a fare prior to boarding. This is a new type of payment system, and in light of this, Transfort will
utilize a phased enforcement approach that will begin with public outreach and education.
The adoption of this new Traffic Code provision, which is patterned from the state statute on the same topic
(Section 42-4-1416, C.R.S), will permit citations to be written into Municipal Court.
FINANCIAL / ECONOMIC IMPACTS
Under the adoption of a City Traffic Code, all collected fines would go to the City’s General Fund.
Packet Pg. 93
- 1 -
ORDINANCE NO. 102, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE
REGARDING PAYMENT OF FARES
FOR USE OF PUBLIC TRANSPORTATION VEHICLES
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council
adopted the Fort Collins Traffic Code (the “Traffic Code”); and
WHEREAS, in May, 2014, the City launched a bus rapid transit service with an off-board
fare payment system where customers will purchase fares prior to the boarding of buses and
receive a proof of payment document at the time of purchase; and
WHEREAS, this off-board fare payment system will require enforcement by Transit
Service Officers when proof of payment is not monitored by bus operators through a fare box;
and
WHEREAS, a phased enforcement approach will be utilized so that the public is
familiarized with and educated about the fare purchase process and the need to produce proof of
fare payment when requested by City enforcement personnel; and
WHEREAS, those enforcing the fare payment process need a clear, efficient, and fair
process for issuing citations into Municipal Court when other enforcement methods have not
been successful; and
WHEREAS, Section 42-4-1416, C.R.S. of the Colorado state traffic code provides a
model for the enforcement in those situations where persons fail to present valid transit passes
when riding buses; and
WHEREAS, the adoption of a provision similar to that in the Colorado state traffic code
in the City’s Traffic Code will provide a clear, efficient, and fair method of enforcing the fare
payment requirements in the City’s Municipal Court; and
WHEREAS, the City Council has determined that the Traffic Code amendment that has
been proposed is in the best interest of the City and is necessary for the health, safety and welfare
of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1416 of the Fort Collins Traffic Code is hereby renumbered
to Section 1417.
Section 2. That a new Section 1416 of the Fort Collins Traffic Code is hereby
adopted to read as follows:
Packet Pg. 94
- 2 -
1416. Failure to pay fare or present a valid transit pass.
(1) A person commits failure to present a valid transit pass if the person occupies,
rides in, or uses a public transportation vehicle without paying the applicable fare or
providing a valid transit pass.
(2) A person shall not occupy, ride in, or use a public transportation vehicle without
paying the applicable fare at the time of boarding the public transportation vehicle or
without having possession of proof of prior fare payment. A person shall present proof of
prior fare payment upon demand of a transit service officer, peace officer, or any other
employee or agent of a public transportation entity.
(3) A violation of this section is a traffic infraction.
(4) As used in this section, unless the context otherwise requires:
(a) "Proof of prior fare payment" means:
(I) A transit pass valid for the day and time of use;
(II) A receipt showing payment of the applicable fare for use of a
public transportation vehicle during the day and time specified in
the receipt; or
(III) A prepaid ticket or series of tickets showing cancellation by a
public transportation entity used within the day and time specified
in the ticket.
(b) "Public transportation entity" means a mass transit district, mass transit
authority, or any other public entity authorized under the laws of this state
to provide mass transportation services to the general public.
(c) "Public transportation vehicle" means a bus, train, light rail vehicle, or any
other mode of transportation used by a public transportation entity to
provide transportation services to the general public.
(d) "Transit pass" means any pass, coupon, transfer, card, identification,
token, ticket, or other document, issued by a public transportation entity or
issued pursuant to an agreement with a public transportation entity, used to
obtain public transit.
Packet Pg. 95
- 3 -
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 96
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Jason Stutzman, Civil Engineer III
SUBJECT
First Reading of Ordinance No. 103, 2014, Authorizing the Conveyance of a Non-Exclusive Waterline
Easement and Temporary Construction Easement on City Property to the North Weld County Water District
and the East Larimer County Water District.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of easements on City Property to the East Larimer
County Water District and the North Weld County Water District for their NEWT II Water Transmission Pipeline
Project.
The City of Fort Collins Park Planning Department acquired a parcel of old railroad right of way located east of
Taft Hill Road and north of Vine Drive (the “City Property”) for future trail use through the national “Rails to
Trails” program. The East Larimer County Water District and North Weld County Water District (collectively,
the “Districts”) have begun the second phase of a multi-phase water transmission pipeline project (the NEWT II
Project) for the purposes of conveying treated water from the Districts’ Soldier Canyon Filter Plant to their
drinking water distribution systems. The alignment of the pipeline will cross a section of the City Property,
which is managed by the City Park Planning Department. As such, the Districts have requested a waterline
easement from the City for their project.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Property, identified as parcel number 97032-00-949, was an old railroad right of way purchased in
1990 from Burlington Northern Railroad Company. The property was acquired by the City Park Planning
Department as part of the Rails to Trails program to be used for future trail purposes, and the property remains
vacant.
The Districts’ NEWT Project began in 2009, with the first phase being completed in 2010. The second phase
of the project (NEWT II) will connect the western end of the pipeline from phase one to the Districts’ Soldier
Canyon Filter Plant. This connection will involve the installation of 19,000 feet of 42” diameter waterline. The
Districts have requested a waterline easement and temporary construction easement for the new pipeline
alignment that crosses the City Property. The installation of the pipeline on the City Property will be done by
open trenching of the area. The Districts will then restore the City Property to its original condition after their
work is complete including grading and reseeding of the area. The anticipated schedule for the NEWT II
Project is September 2014 to May 2015. The work on the City Property will take approximately four to six
weeks and is likely to occur between November 2014 and April 2015. The Districts will be required to notify
the City prior to beginning construction activities on the City Property. No above ground improvements will be
installed in the easement areas. Park Planning staff has evaluated the proposed easements and does not
Packet Pg. 97
Agenda Item 11
Item # 11 Page 2
believe the conveyance of the easement will interfere with the intended future use of the City Property for trail
purposes.
FINANCIAL / ECONOMIC IMPACTS
Real Estate Services reviewed comparable sales information and recent appraisal information of nearby
properties to estimate a fair market value for the easements. The estimated just compensation for the
permanent easement, temporary construction easement, and fee for processing the easement request is
$2787.
ATTACHMENTS
1. NEWT II Easements Location Map (JPG)
2. NEWT II Project Summary and Easement Detail (PDF)
Packet Pg. 98
Packet Pg. 99
Attachment11.1: NEWT II Easements Location Map (2068 : NEWT II Old RR ROW)
East Larimer County Water District and North Weld County Water District
NEWT II Water Transmission Pipeline Project
Project Summary
Project Description:
The NEWT II project is the second phase of a multi-phase water transmission pipeline project that will
convey treated water for the East Larimer County Water District (ELCO) and North Weld County Water
District (NWCWD) (collectively, the Districts) from the Soldier Canyon Filter Plant, located at the Soldier
Canyon Dam of Horsetooth Reservoir, to the Districts’ drinking water distribution systems. The primary
reasons for installation of the waterline are 1) provide transmission line redundancy and 2) provide
additional transmission line capacity to serve current and future customer needs.
The first phase of the project (NEWT I) was completed in 2010. NEWT II involves the installation of
approximately 19,000 feet of 42” diameter waterline from the Soldier Canyon Filter Plant to the vicinity of
Lincoln Junior High, approximately ½-mile west of North Shields Avenue and a ¼-mile north of Vine Drive.
This second phase will connect to the western end of the previously completed NEWT I pipeline. Figures
1 and 2 show the general area of the eastern end of the NEWT II pipeline and the location of the
easement to be acquired. Figure 3 is the pipeline design drawing showing the crossing of the City
property.
Duration of Project on City Property:
Actual pipe installation pace varies depending on terrain and complexity of installation at a specific
location. Due to the topography, crossing of a ditch and installation of an access bridge on the property
immediately adjacent to the City property, it is anticipated that work in this area may last from four to six
weeks.
Type of Work/Disturbance That Will Occur on City Property
The type of work will involve surface grading, trenching, pipe installation and backfilling. After the pipe is
installed the ground will be brought back to its original grade and seeded/reclaimed. The contractor will
also be using the easement for access to areas to the east and west for construction of the pipeline along
those segments.
Expected Schedule of Work
The overall project schedule is September 2014 through May 2015. No exact schedule of when the
contractor will be working on the property is available at this time because a contractor has not yet been
hired. Once a contractor is hired (anticipated to be by August 1, 2014), they will submit a schedule for
construction activity. However, the adjacent irrigation ditch has limits on the time the pipeline construction
can cross, those time limits being November 1 through April 1. Because of this time limit for the ditch
crossing it is likely safe to assume the work across the City property will be done sometime within that
time frame.
East Larimer County Water District North Weld County Water District
970-493-2044 970-356-3020
"UUBDINFOU
1BHFPG
Packet Pg. 100
Attachment11.2: NEWT II Project Summary and Easement Detail (2068 : NEWT II Old RR ROW)
NEWT II Water Pipeline Project
N2-13 – City of Fort Collins Old RR Right-of-Way Easement
Project Description
Planned Mitigation
The property will be restored to its original grade and reseeded as required by the City. No wetlands or
other environmentally sensitive areas will be crossed on the City property and therefore no other
circumstances requiring specific mitigation measures are known to exist.
East Larimer County Water District North Weld County Water District
970-493-2044 970-356-3020
2
"UUBDINFOU
1BHFPG
Packet Pg. 101
Attachment11.2: NEWT II Project Summary and Easement Detail (2068 : NEWT II Old RR ROW)
"UUBDINFOU1BHFPG
NEWT II East
Terminus - Connects
to Existing NEWT I
Pipeline
Figure 1 - General Vicinity Map
NEWT II Alignment
Old RR Right-of-
Way
Taft Hill Road
Pac
"UUBDINFOU1BHFPG
City of Fort Collins/
Old RR Right-of-
Way
NEWT II Alignment
Figure 2 - Easement Map
Area of easement
to be acquired
Pac
WIRE FENCE
WIRE FENCE
ELECTRIC FENCE
WIRE FENCE
FLOWLINE SWALE
IRRIGATION DITCH
DISPOSAL AREA
UNA
100' COMMUNICATION TRANSMISSION EASEMENT
TO BURLINGTON NORTHERN RAILROAD COMPANY.
(REC. NO. 90023707)
30' COMMUNICATION EASEMENT
THE MOUNTAIN STATES TELEPHONE
AND TELEGRAPH COMPANY
(BOOK 1175 PAGE 415)
T T T
65'
TEMPORARY
CONSTRUCTION
EASEMENT
40'
PERMANENT
EASEMENT
40'
PERMANENT
EASEMENT
40'
TEMPORARY
CONSTRUCTION
EASEMENT
15'
TEMPORARY
CONSTRUCTION
EASEMENT
42" DIP
42" DIP
CONTRACTOR SHALL
COORDINATE CONSTRUCTION
IN AREA OF OVERHEAD
POWER LINE WITH UTILITY.
APPROXIMATE LOCATION
OF NEW TRENCH AREA
ARTHUR DITCH CROSSING
(SEE SHEET C18 FOR
CROSSING DETAIL)
40'
TEMP CONSTRUCTION
EASEMENT
CONTRACTOR SHALL REMOVE
FENCE TO INSTALL WATERLINE
AND THEN REPLACE TO IMPROVED
OR IN-KIND CONDITION.
CONTRACTOR SHALL REMOVE
FENCE TO INSTALL WATERLINE
AND THEN REPLACE TO IMPROVED
OR IN-KIND CONDITION.
+00 173+00 174+00 175+00 176+00 177+00 178+00
179+00
180+00
181+00
- 1 -
ORDINANCE NO. 103, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE WATERLINE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO THE
NORTH WELD COUNTY WATER DISTRICT AND THE EAST LARIMER COUNTY
WATER DISTRICT
WHEREAS, in 1989, the City and Burlington Northern Railroad Company (BNSF)
entered into an Offer to Purchase and Interim Trail Use/Railbanking Agreement (the
“Railbanking Agreement”) in accordance with Section 8(d) of the National Trails System Act, 16
U.S.C. Section 1247(d); and
WHEREAS, the purpose of the Railbanking Agreement was to allow the City to
purchase, for recreational trail purposes, a portion of BNSF’s rail line between Fort Collins and
Laporte that BNSF otherwise intended to abandon; and
WHEREAS, in 1990, pursuant to the Railbanking Agreement, BNSF quitclaimed to the
City a parcel of real property located in Fort Collins, Colorado, identified in County records as
parcel number 97032-00-949 (the “City Property”); and
WHEREAS, in 1993 the District Court for Larimer County ruled in Case No. 91CV474-3
that the City’s interest in the City Property amounted only to an easement, that BNSF still
retained the underlying title to the City Property, and that property owners adjacent to the City
Property have a right of reverter in the City Property if the Railroad ever formally abandons its
interests there; and
WHEREAS, BNSF has advised the City, through its attorney, that it disagrees with the
District Court’s ruling and believes that it no longer has any interest in the City Property; and
WHEREAS, the North Weld County Water District and the East Larimer County Water
District (the “Districts”) have requested two easements on the City Property: a waterline
easement consisting of .104 acres as described on Exhibit “A”, attached and incorporated herein
by reference, and a temporary construction easement consisting of .167 acres, as described on
Exhibit “B”, attached and incorporated herein by reference (together, the “Easements”); and
WHEREAS, the proposed Easements would be used to install an underground pipeline to
connect the Soldier Canyon Water Filter Plant to the Districts’ distribution systems as part of
their North Weld - ELCO Water Transmission Pipeline - Phase II (“NEWT II”) Project; and
WHEREAS, the Districts will compensate the City $2,787.00 for the estimated fair
market value of the Easements and for staff processing time; and
WHEREAS, City staff has identified no negative impacts to the City expected to result
from the granting of the Easements; and
Packet Pg. 105
- 2 -
WHEREAS, City staff has advised the Districts that the City may not be the only owner
of property interests in the City Property, and that the City can only grant the Easements to the
extent of its ownership interest and cannot warrant its title to the City Property; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in
the name of the City, provided that the Council first finds, by ordinance, that such sale or other
disposition is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of the Easements on the City Property to the Districts
as provided herein is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements to the Districts on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal descriptions
of the Easements, so long as such changes do not materially increase the size or change the
character of the Easements.
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 106
Packe
Attachment1: Exhibit A (2069 : NEWT II Old RR ROW Ordinance)
Packe
#
Packe
#
Packe
#
Attachment2: Exhibit B (2069 : NEWT II Old RR ROW Ordinance)
#
Packe
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Patrick Rowe, Real Estate Specialist
Jason Graham, Water Reclamation/Biosolids Manager
Ronald Russell, Technical Services Supervisor
SUBJECT
First Reading of Ordinance No. 104, 2014, Authorizing the Conveyance of a Non-Exclusive Utility Easement
on City Property to the Nunn Telephone Company.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of a non-exclusive easement to Nunn Telephone
Company (NTC) for the purpose of installing a fiber-optic connection to an AT&T fiber regeneration hut that is
located on a portion of the Meadow Springs Ranch. The proposed easement is 10 feet wide and
approximately 690 feet long and would be placed immediately adjacent to an existing access road.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Nunn Telephone Company (NTC), a telephone and internet service provider that serves northeast Larimer
County and northwest Weld County, has requested a non-exclusive utility easement from the City to allow NTC
to install a fiber-optic line between Weld County Road 15 and an AT&T fiber regeneration hut located on a
portion of Meadow Springs Ranch (MSR). MSR is a 26,600 acre property owned by the City and managed by
the Water Reclamation and Biosolids Division as a site for land application of biosolids.
The easement request pertains to the southeast corner of MSR and per Utilities staff, will have no effect on
City operations. The proposed easement is 10 feet wide and approximately 690 feet long and would be
located immediately adjacent to the existing access road that serves the AT&T fiber hut.
Installation of the 690 foot fiber-optic run will occur using a combination of equipment, but in general, a 4-inch
slot will be trenched to a nominal depth of 36 inches (no less than 24 inches). After the cable is located, the
soil will be replaced and compacted. To achieve a more natural look, the vegetation will be allowed to recover
on its own; however, the City may request additional restoration efforts from NTC at the City’s discretion.
Additionally, NTC will be required to control weeds within the disturbed areas.
Upon review of the easement proposal, and given the City’s positive experience in working with NTC on a prior
easement request, City staff is confident that the easement will cause minimal or no lasting disturbance.
FINANCIAL / ECONOMIC IMPACTS
Real Estate Services reviewed value information for Meadows Springs Ranch to determine a compensation
estimate for the requested easement. Given the easement’s small size and the low dollar per acre values that
are appropriate for MSR, the concluded easement value was below a minimum threshold that Real Estate
Packet Pg. 114
Agenda Item 12
Item # 12 Page 2
Services determined would be appropriate, and thus a nominal value of $2,500 has been concluded. Along
with the property value of the easement, NTC must compensate the City a $1,000 processing fee which will be
used to offset staff time to process the easement request. Additionally, NTC is responsible for any costs
necessary to restore the property, including re-seeding and addressing weeds, if applicable.
NTC has paid the City the $1,000 processing fee and will pay the easement compensation at the time of the
easement conveyance.
ENVIRONMENTAL IMPACTS
Upon review of the easement proposal, and given the City’s positive experience in working with NTC on a prior
easement request, City staff is confident that the easement proposal and associated work will cause minimal
or no lasting environmental impact.
BOARD / COMMISSION RECOMMENDATION
On June 19, 2014, the Water Board voted unanimously to recommend approval of a permanent utility
easement to NTC, provided that the additional requirement of addressing noxious weeds will also be added to
the City’s agreement with NTC. City staff concurs with the Water Board's recommendation regarding noxious
weeds and this additional requirement will be added to the City-NTC easement agreement.
ATTACHMENTS
1. Location Map (PDF)
2. Easement Alignment Photos (PDF)
3. Easement Conditions (PDF)
4. Water Board Minutes (PDF)
Packet Pg. 115
ATTACHMENT 1
Packet Pg. 116
Attachment12.1: Location Map (2130 : City-Nunn Utility Easement)
Easement Alignment Photos
Figure 1. Proposed easement would align with right side of this access road as viewed
from Weld County Road 15. AT&T fiber regeneration hut is seen in the distance.
Figure 2. Proposed easement would align with left side of this access road as viewed
from AT&T fiber regeneration hut. Weld County Road 15 is seen in the distance.
ATTACHMENT 2
Packet Pg. 117
Attachment12.2: Easement Alignment Photos (2130 : City-Nunn Utility Easement)
Water Reclamation Division
3036 Environmental Drive
Fort Collins, CO 80525
970.221.6900
970.221.6970 - fax
fcgov.com/utilities
Conditions for City of Fort Collins Approval of
Nunn Telephone Company Easement Proposed at Meadow Springs Ranch
Meadow Springs Ranch (MSR) is owned by the City of Fort Collins and is managed by the
Water Reclamation and Biosolids (WRB) Division. Granting an easement conveys a property
right that must be approved by City Council. Water Board will review the easement proposal and
provide City Council with a recommended action. Nunn Telephone Company (NTC) must
accept the conditions below in order to receive approval of the proposed utility easement.
Additional conditions may be added as the proposal is reviewed by the City. WRB and Real
Estate Services staff will work with NTC during the review process.
NTC and its contractors must minimize impact on the affected land by managing their
activity to limit the area and visibility of disturbed land. Activity will be restricted to the
designated area of the easement.
NTC must restore affected areas, including surface grade, fences, and gates, to a
condition that is equal or better than the condition prior to any disturbance caused by
NTC activity.
NTC will be responsible for restoration of damage caused by any activities to maintain or
repair the cable after it has been installed.
The disturbed area will not be seeded unless native vegetation fails to satisfactorily
reestablish within two growing seasons. If the City determines seeding is needed, the
seed mix will be designated by the City.
NTC will be responsible for addressing noxious weeds that may develop in disturbed
areas which occur in the first two growing seasons following the disturbance and for the
two growing seasons following seeding if it is necessary. NTC will coordinate any weed
abatement actions with City Staff in order to ensure that best practices are followed.
NTC must minimize their interference with City and grazing association operations at
MSR.
NTC must provide WRB with advance notification for all work performed on the
easement including any work performed after the installation.
Cash compensation will be required for the value of the easement property. Due to the
small size of the easement, a nominal value of $2,500 has been assigned for the property.
NTC must also pay a $1,000 fee to offset staff time to process the easement. NTC must
provide the City with full payment for the easement property and processing prior to
transfer of the easement deed. If additional administrative costs occur after transfer of
the deed, NTC will pay those costs within 30 days of being notified.
NTC will be responsible for damages not acceptably reclaimed as determined by
acceptable appraisal techniques.
ATTACHMENT 3
Packet Pg. 118
Attachment12.3: Easement Conditions (2130 : City-Nunn Utility Easement)
Excerpt from Unapproved Water Board Minutes, June 19, 2014
Nunn Telephone Company Fiber-Optic Easement at Meadow Springs Ranch
(Attachments available upon request.)
Technical Services Supervisor Ron Russell (Utilities Water Reclamation & Biosolids Division)
presented information, along with Real Estate Specialist III Patrick Rowe, and Water
Reclamation & Biosolids Manager Jason Graham.
Meadow Springs Ranch (MSR), owned by the City and managed by the Water Reclamation and
Biosolids Division, contains 26,600 acres, about 40 square miles, extending from the Buckeye
exit of I-25 at Rawhide Power Plant to about a mile from the Wyoming border. The proposed
easement is in lower right hand corner of map.
Mr. Russell stated the easement is needed for NTC to make a connection to an AT&T fiber-optic
regeneration hut located on MSR, to continue receiving service from the hut.
He described the installation process; surface disturbance (vegetation) is not at a high level.
Previous easement work by NTC in fall 2013 did not cause long-term damage.
Discussion Highlights
A board member inquired if there is a better time (season) than others to do the easement
work. Mr. Russell stated seeding probably won’t be required due to the disturbed area’s
potential to recover on its own, therefore timing won’t make a difference. Mr. Russell
stated if seeding were required, he would work with Natural Areas to determine the best
seed mix and other such details.
A board member expressed concerns about invasive plants such as Dalmatian toadflax
thriving in disturbed areas. Mr. Russell stated a requirement for Nunn Telephone
Company to control weeds will be added to the conditions for granting the easement.
STAFF RECOMMENDATION
Utilities staff has reviewed the easement proposal from NTC and found the easement will have
minimal environmental disturbance or impact on Utilities activities at Meadow Springs Ranch.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Brian Brown moved for City Council to consider approval of an Ordinance
authorizing conveyance of a permanent utility easement to Nunn Telephone Company on
the City property Meadow Springs Ranch, with additional of adding noxious weeds in the
agreement. Board Member Brunswig seconded the motion.
ATTACHMENT 4
Packet Pg. 119
Attachment12.4: Water Board Minutes (2130 : City-Nunn Utility Easement)
- 1 -
ORDINANCE NO. 104, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT ON CITY PROPERTY TO
THE NUNN TELEPHONE COMPANY
WHEREAS, the City is the owner of real property located in Larimer County and Weld
County, Colorado, known as Meadow Springs Ranch (the “City Property”); and
WHEREAS, the City Property is managed by the City’s Water Reclamation and
Biosolids Division as a site for land application of biosolids; and
WHEREAS, Nunn Telephone Company (NTC) is requesting a utility easement ten feet
wide and approximately 690 feet long across the City Property for the installation and
maintenance of a fiber-optic line between Weld County Road 15 and an AT&T fiber
regeneration hut located on the City Property; and
WHEREAS, the proposed easement is described on Exhibit “A”, attached and
incorporated herein by reference (the “Easement”); and
WHEREAS, the Easement would be located immediately adjacent to an existing access
road that serves the AT&T fiber hut; and
WHEREAS, NTC has agreed to pay the City $2,500 as compensation for the Easement,
plus a $1,000 processing fee for City staff’s time to process this request; and
WHEREAS, City staff has not identified any negative impacts to the City Property
expected to result from the grant of the Easement and related work; and
WHEREAS, at its regular meeting on June 19, 2014, the Water Board voted unanimously
to recommend approval of the Easement conveyance provided that NTC agrees as part of the
Easement agreement to be responsible for controlling noxious weeds within the area disturbed by
NTC’s activities; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey, or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that the City Council first finds, by ordinance, that such sale or other
disposition is in the best interest of the City and, with respect to real property that is part of the
City’s water or utility systems, that the disposition will not materially impair the viability of the
particular utility system as a whole and will be for the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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- 2 -
Section 1. That the City Council hereby finds that the conveyance of the Easement
on the City Property to NTC as provided herein is in the best interest of the City, will not impair
the City’s wastewater utility system, and will be for the benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to NTC on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City or effectuate the purposes of this Ordinance, including, but not limited to,
any necessary corrections to the legal description of the Easement, so long as such changes do
not materially increase the size or change the character of the Easement.
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment1: Exhibit A (2137 : City-Nunn Utility Easement ORD)
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Attachment1: Exhibit A (2137 : City-Nunn Utility Easement ORD)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
John Voss, Controller/Assistant Financial Officer
SUBJECT
Resolution 2014-058 Adopting Amendments to the Financial Management Policies.
EXECUTIVE SUMMARY
The purpose of this item is to approve a revised Budget Policy and revised Fund Balance Policy. Since the
last update, staff has developed a new framework for updating, controlling, formatting and publishing financial
policies. The financial policies evolved as part of the Budget document. In that context they focused on
explaining concepts rather than setting policy. Both of these revised policies were created based on policy
guidelines from the Government Finance Officers Association (GFOA) presented as best practices. As such,
the red line versions of the previous policies have many changes that are not substantive. Staff has come up
with a new format for financial policies to keep them consistent across all departments within Financial
Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The financial policies evolved as part of the Budget document. In that context they focused on explaining
concepts rather than setting policy. Both of these revised policies were created based on policy guidelines
from the Government Finance Officers Association (GFOA) presented as best practices. As such, the red line
versions of the previous policies have many changes that are not substantive. Staff has come up with a new
format for financial policies to keep them consistent across all departments within Financial Services.
BUDGET - The last change to the Budget Policy was in 2005. The new structure follows GFOA
recommendations. The City Charter governs many aspects of the budget process. Specific references and
linkages to the charter are included within the revised budget policy. Additionally, the revised budget policy
includes:
A. An overview
B. Principles for budget planning
C. Scope - content of recommended budget, basis of budgeting and budget calendar
D. Roles and responsibilities
E. Budgeting control system
F. Balanced budget definition
FUND BALANCE- The last change to Reserve Policy was in 2008. The new proposed policy was developed
following GFOA’s best practices. Besides the major formatting changes, the significant policy changes are as
follows:
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Agenda Item 13
Item # 13 Page 2
A. Updated and defined new terminology
B. Shifted focus to minimums, not maximums or target balances.
C. Clarified that the Emergency Reserve in the General Fund is in addition to the current 60 day minimum.
D. Special Revenues funds no longer are required to have a minimum balance. This is in alignment with
GFOA recommendations, in which dedicated revenues are intended to be spent on set purposes.
E. Internal Services Funds were all previously all 2% of operating expenses. The uniqueness of each’s
activity requires different approaches. The Equipment (fleet) Fund, Data & Communications Fund, and
Utility Customer Service Fund will no longer have a minimum balance. The Self Insurance Fund will
maintain a minimum of 25% of annual expenses and the Benefits Fund will maintain a minimum of 30% of
annual medical and dental expenses.
F. Utility Funds were simplified by combining several separate minimum balances into to a single 25% of
operating expenses, excluding power purchased for resale. Certain restrictions were removed that
referred to other balances mandated by other sources, i.e. Art In Public Places, Water Rights Reserve, etc.
Their objective is to restrict to purpose, whereas this policy is about maintaining minimum balances.
FINANCIAL / ECONOMIC IMPACTS
There are no immediate impacts. The long term strength of the City's financial and economic conditions
should be enhanced and preserved by following of these policies.
BOARD / COMMISSION RECOMMENDATION
The Council Finance Committee reviewed the proposed new fund balance policy on April 21, 2014 and the
proposed new budget policy on May 19, 2014.
ATTACHMENTS
1. Current Budget Policy (PDF)
2. Current Fund Balances Policy, with redline and strike through (PDF)
3. Council Finance Committee minutes, April 21, 2014 (PDF)
4. Council Finance Committee minutes, May 19, 2014 (PDF)
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FINANCIAL MANAGEMENT POLICIES
TABLE OF CONTENTS
The Financial Management Policies are a compendium of all City policies that shape
the Budget. They are intended to assist the Council and the City Manager in preparing
the Budget and help communicate to residents and customers how the community
goals are being addressed.
BUDGET POLICY
1.1 Overview ......................................................................................................
1.2 Charter Process Requirements ....................................................................
1.3 Changes to Adopted Budget ........................................................................
1.4 Lapsed Appropriations .................................................................................
1.5 Budget Philosophy and Preparation ............................................................
1.6 Principles for Budget Planning .....................................................................
ATTACHMENT 1
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BUDGET POLICY
1.1. OVERVIEW
The budget is a long-range plan by which the City Council sets financial policy. Through
the budget, services are implemented. The budget along with the annual appropriation
ordinance provides the basis for the control of expenditures. For the City of Fort Collins,
direction for the budget emanates from many distinct sources. The State Constitution
and the City Charter provide the basic legal requirements and time lines for the process.
Council goals, ordinances and resolutions provide additional direction and respond to
the needs of the community. (INCLUDED)
1.2. CHARTER PROCESS REQUIREMENTS
a. Budget Term
The fiscal year of the City is the calendar year. The City may adopt budgets for a
budget term of one fiscal year or more. After the Charter amendment in 1997
allowing the budget term to be more than one fiscal year, the Council has adopted
two-year budgets that correspond with the election cycle. (INCLUDED)
b. Budget Recommendation
On or before the first Monday in September preceding each budget term, the City
Manager shall file with the City Clerk a proposed budget for the ensuing budget
term along with an explanatory message. The proposed budget shall provide a
complete financial plan for each fund of the City and shall include appropriate
financial statements for each type of fund showing comparative figures for the last
completed fiscal year, comparative figures for the current year, and the City
Manager=s recommendations for the ensuing budget term. (INCLUDED)
c. Public Record, Hearing
The City Manager=s proposed budget shall be a public record and be available to
the public for inspection and copying. The City Council shall, within ten (10) days
after the filing of the proposed budget, set a time for a public hearing. At the
hearing, the public may comment upon the proposed budget. (INCLUDED)
d. Adoption of Budget and Appropriation of Funds
After the public hearing and before the last day of November preceding the budget
term, the Council shall adopt the budget, by ordinance, for the ensuing term.
Before the last day of November of each fiscal year, the Council shall appropriate
such sums of money as it deems necessary to defray all expenditures of the City
during the ensuing fiscal year. The appropriation of funds shall be accomplished
by passage of the annual appropriation ordinance. The appropriation of funds shall
be based upon the budget as approved by the Council but need not be itemized
further than by fund with the exception of capital projects and federal or state
grants, which shall be summarized by individual project or grant. (INCLUDED)
1.3. CHANGES TO ADOPTED BUDGET
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After the commencement of the fiscal year, the amounts appropriated for the proposed
expenditures in the adopted budget are not subject to repeal and are considered
appropriated for the purposes specified. The expenditures of City operating funds
cannot exceed the budgeted appropriations for their respective fund. In certain cases,
however, adopted budgets may be increased, decreased, or amounts transferred
between funds.
a. Budget Increases (INCLUDED)
1. Supplemental Appropriations B The Council, upon recommendation by the
City Manager, may make supplemental appropriations from actual revenues
received, anticipated revenues, and prior year reserves provided that the total
amount of the supplemental appropriation plus previous appropriations for the
fiscal year does not exceed the actual or anticipated revenue total or the
available reserve balance. No appropriation can be made which exceeds the
revenues, reserves, or other funds anticipated or available except for
emergencies due to accident or unforeseen event arising after the adoption of
the annual appropriation.
2. Unanticipated Revenue B If a fund receives revenue during the fiscal year
from a source that was not anticipated at the time of budget adoption such as
grants, bond issue or implementation of a new fee, Council may appropriate
such revenue for expenditure.
3. Encumbrance Carryover B If a fund has open and valid purchase orders at
the end of a fiscal year, those related appropriations are encumbered and
carried over to the ensuing fiscal year and added to the budgeted
appropriations to cover the actual expense when it occurs.
b. Budget Decreases (INCLUDED)
The budget may also be decreased below adopted appropriations during the fiscal
year. Changes in service demand, economic conditions, projected growth limits,
and Council goals and direction may cause such budget reductions. Each service
area is responsible for developing a plan to reduce appropriations. Each plan must
be in place and ready for implementation should the need arise. If the City
Manager directs budget reductions, Council will be informed immediately and the
appropriations will be set aside through administrative action. While this
administrative action does not lower the appropriations within a fund, expenditures
from the fund shall not exceed the amount recommended by the City Manager. If
the circumstances leading to the implementation of reductions change, the
appropriations may be made available for expenditure.
c. Level of Control and Budget Transfers (INCLUDED)
1. Control of expenditures is exercised at the fund level. Fund managers are
responsible for all expenditures made against appropriations within their fund
and can allocate available resources within the fund.
2. During the fiscal year, the Council may by ordinance and upon the
recommendation of the City Manager, transfer any unexpended and
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Attachment13.1: Current Budget Policy (2027 : Financial Policies Updates)
unencumbered appropriated amount from one fund or capital project account
to another fund or capital project account, provided that:
(a) the purpose for which the transferred funds are to be spent remains
unchanged;
(b) the purpose for which the funds were initially appropriated no longer
exists; or
(c) the transfer is from a fund or capital project account in which the
amount appropriated exceeds the amount needed to accomplish the
purpose specified by the appropriation.
1.4. LAPSED APPROPRIATIONS (INCLUDED)
All appropriations not spent or unencumbered at the end of the fiscal year lapse into the
fund balance applicable to the specific fund, except for:
a. Capital Projects - appropriations for capital projects which do not lapse until the
project is completed and closed out; and
b. Grant Funds - appropriations for federal or state grants which do not lapse until
the expiration of the grant.
Council can terminate a capital project or a federal or state grant at any time prior to
completion of the project or expiration of the grant.
1.5. BUDGET PHILOSOPHY
a. Philosophy (NOT INCLUDED)
The City of Fort Collins is committed to presenting a sound financial plan for
operations and capital improvements within growth limit guidelines. To achieve
this end, the City utilizes conservative growth and revenue forecasts and:
$ Prepares multi-year financial plans for operations and capital improvements;
$ Allows staff to manage the operating and capital budgets, with City Council
deciding allocations in both;
$ Adopts financial management policies which establish guidelines for multi-
year financial plans;
$ Establishes budgets for all funds based on adopted policies;
$ Appropriates the budget in accordance with the City Charter and State
Constitution;
$ Adjusts the budget to reflect changes in the local economy, changes in
priorities, and receipt of unbudgeted revenues;
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$ Organizes the budget so that revenues are related to expenditures as much
as possible;
$ Provides department managers with immediate access to revenue and
expenditure information for controlling their annual expenditures against
appropriations;
$ Utilizes a performance measurement system for all activities in the City;
$ Evaluates recommendations that have a budget impact in light of annual
appropriations and multi-year financial plans.
b. Budget Preparation (INCLUDED)
While the Charter establishes time limits and the essential content of the City
Manager=s proposed budget and the adoption of the budget, the language is silent
on the budget preparation process.
The City=s Financial and Management Policies guide budget preparation and long-
range planning. The City Manager, Deputy City Manager, Budget Director, and
designated Service Area Directors develops the guidelines, consistent with the
Policies, to be used for budget preparation. The aforementioned individuals are
collectively referred to as the Budget Leadership Team. During the development of
the budget, various department and division representatives may be called on to
provide their expertise . In addition, the City Council and the Executive Lead Team
provide guidance during preparation.
The City=s 2006-2007 biennial budget was prepared using a process called
Budgeting for Outcomes (ABFO@). The purpose of utilizing the BFO approach is to:
$ Identify what=s important to a community and develop a sound financial and
service plan to achieve those outcomes;
$ Allocate dollars based on current priorities and results, not simply increase
last year=s spending;
$ Effectively deal with revenue limitations; and
$ Emphasize accountability, efficiency, innovation and partnerships.
In March, programs develop multi-year revenue projections and submit them to the
Budget Office. These revenue projections effectively Aset the price of government@;
the amount available for purchasing outcomes/results. City Council adopts the
outcomes/results that form the foundation of the budget. The revenues are then
allocated, by the Leadership Team, across the outcomes. Results Teams,
organized by outcome/result, prepare ARequests for Results@ (ARFR=s@) that include
strategy maps, two to three high level indicators to measure results, and
purchasing strategies. Sellers (departments/divisions) prepare Aoffers@ in response
to the RFR=s. The Seller=s offers are reviewed by the Results Teams, ranked, and
recommended for inclusion or omission from the City Manager=s recommended
budget, based upon the offer=s merits and the resources available, given the
outcome/result.
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The City Manager=s budget recommendation is submitted to City Council before
the first Monday in September. The recommended budget is made available for
public inspection at this time. In September, a recommended budget-in-brief is
published in the local newspaper for public information. In addition, two public
hearings and Council work sessions are held in September and October. The
budget for the ensuing budget term is adopted no later than November 30.
1.6 PRINCIPLES FOR BUDGET PLANNING
The City provides a wide variety of services to the residents of the community. It is the
responsibility of City Council to adopt a budget and manage the available resources to
best meet the service needs for the overall good of the community. (INCLUDED)
To aid in planning for the allocation of resources to meet the good of the whole
community, Council adopted Resolution 2001-161, that set forth the Principles for
Budget Planning. Those Principles as adopted by Council are as follows: (NOT
INCLUDED FROM HERE DOWN)
a. The City should strive to attain the lowest possible interest rates on debt in order to
minimize the cost to taxpayers and users of City services.
b. The City should maintain adequate reserve levels to ensure minimal loss of service
to the community should there be unforeseen reductions in revenues or a
catastrophic occurrence.
c. Employees of the City are a valuable resource in providing services to the
community, and a compensation policy should be maintained for City employees
that reflects the value of attracting and retaining quality employees.
d. Primary services are those services that are necessary for the good of the entire
community. They are basic to the safety, health, and welfare of the community,
and the allocation of all resources necessary for the provision of primary services is
the first priority in budget preparation. Primary services are:
Police
Fire
Development Review
Affordable Housing
Neighborhood and
Building Services
Water
Transportation
Electric
Engineering
Pedestrian Access
Wastewater
Stormwater
Natural Resources
Facilities Maintenance
(all public facilities
including parks)
e. Secondary services are those services that enhance the quality of life of the
residents and to many, increase the value of living and working in the community.
While the value of secondary services is recognized, the allocation of resources to
those services shall be considered only after the necessary allocation has been
made to fund primary services. Secondary services are:
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Recreation
Human Rights
Golf
Parks
Library
Human Services Contract
Natural Areas
Performing Arts
Cemeteries
Airport
Museum
f. Support services provide the management, guidelines, and operational assistance
to carry out the provision of primary and secondary services. Resources should be
allocated to support services to support the level and quality of primary and
secondary services expected and desired by the community. Support services are:
General Administration
Budget
Clerical Support
Information Technology
Real Estate Services
Finance
Human Resources
Fleet Management
Geographic Information
Systems
Legal
City Clerk
Municipal Court
g. No new services, other than those identified as primary services, shall be
undertaken by the City until all existing primary, secondary, and support services
have received a sufficient level of funding to meet the needs of the community.
h. Any adjustment to the existing budget shall take into account the effect that such
adjustment would have on future budget resources.
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RESERVE POLICIESFUND BALANCE MINIMUMS
5.1. POLICY STATEMENTPURPOSE AND BENEFITS
The accumulation of reserves protects the City from uncontrollable increases in
expenditures or unforeseen reductions in revenues, or a combination of the two. It also
allows for the prudent financing of capital construction and replacement projects.To set
minimum fund balances so as to mitigate risks, maintain good standing with rating
agencies, and ensure cash is available when revenue is unavailable. The policy is sets
minimum fund balances, not targets or maximum balances. Each fund should be
evaluated by staff to determine the appropriateness of maintaining fund balances above
the minimums set in this policy. Contingencies for severe weather, prolonged drought,
and anticipated capital spending should be considered independently from this policy.
5.2 APPLICABLE TO
Funds – This policy applies to all City funds. It does not apply to URA, DDA, PFA and
Library.
5.32. GOVERNMENTAL TYPES OF FUNDS AND FUND BALANCESRESERVES
The Equity on balance sheet of a governmental fund is called Fund Balance. The
current classifications of Fund Balance in governmental funds are primarily based on the
origin of the constraints. The following categories are in decreasing order of constraints.
Non-Spendable Permanent endowments or assets in a non-liquid form
Restricted Involve a third party: State Legislation or Contractual Agreements
Committed Set by formal action of the City Council
Assigned By staff, and/or residual balances in a Special Revenue Fund
Unassigned Remaining balances in the General Fund
Minimums outlined in section 5.5 relate only to Assigned and Unassigned balances.
5.4 PROPRIETARY FUND AND WORKING CAPITAL
Internal Service Funds and Enterprise Funds are accounted for nearly identical to the
private sector. The balance sheets include long term assets and long term liabilities.
The resulting Equity section on their balance sheet, called Net Position, is not a good
measure of spendable financial resources. To get to spendable financial resources, a
common calculation is to take Current Assets and subtract Current Liabilities, with the
net result called Working Capital.
To further refine, for purposes of this policy, certain required restrictions are further
subtracted and result in Available Working Capital. Some examples of required
restrictions are unspent monies for Art in Public Places, Water Rights, and existing
appropriations for capital projects. The minimums outlined in section 5.5 relate to
Available Working Capital. The City of Fort Collins maintains reserves that are required
by law or contract and that serve a specific purpose. These types of reserves are
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ATTACHMENT 2
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Attachment13.2: Current Fund Balances Policy, with redline and strike through (2027 : Financial Policies Updates)
considered restricted and are not available for other uses. Within specific funds,
additional reserves may be maintained according to adopted policies. All expenditures
of reserves must be approved by Council. This may occur during the budget process or
throughout the budget year.
5.5 MINIMUM BALANCES
The following Minimum Balances refers to Assigned and Unassigned Fund Balances in
governmental funds and Available Working Capital in the Internal Service Funds and
Enterprise Funds.
a. GENERAL FUND
Restricted for Emergencies - This reserve is required under Article X, Section 20 of the
State Constitution. This reserve can only be used for declared emergencies. Three
percent or more of the City's fiscal year spending, less bonded debt service must be
reserved
Designated for Affordable Housing - This reserve is restricted for affordable housing
use. City Council may appropriate funds for affordable housing purposes. Funds
appropriated for the promotion of affordable housing and not expended during the year
shall lapse to the Affordable Housing Reserve. Any appropriation from this reserve shall
be restricted for the purpose of affordable housing.
Designated for Contingencies - This reserve is what is left after all the other reserves
and designations are calculated. It is available for the financing of any needs deemed
appropriate by the City Council. Monies held in this reserve may be appropriated during
the current budget year and may also be used for the ensuing budget years as a
financing source if projected expenditures needed to maintain appropriate levels of
service exceed projected revenues. Of all General Fund reserves, this is the most
flexible.
60 Day Liquidity Goal - The Designation Commitment for Contingency should be at
least 60 days (17%) of the subsequent year’s originally adopted budgeted expenditures
and transfers out. The calculation for the minimum level shall exclude expenditures and
transfers out for large and unusual one-time items.
Important note – the 60 Day Liquidity Goal is in addition to the Restricted Balance
required by Article X, Section 20 of the State Constitution. This reserve must equal 3%
of non-exempt revenue and can only be used for declared emergencies. Fiscal
emergencies are specifically excluded by the State Constitution as qualifying use of this
reserve.
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b. SPECIAL REVENUE FUNDS
Examples of special revenue funds are: Transportation Services Fund, Natural Areas Fund,
Cemetery Fund, Cultural Services & Facilities Fund, Perpetual Care Fund, Recreation Fund,
Street Oversizing Fund, and the Transit Services Fund. The fund equity of special revenue
funds is classified as reserved or unreserved. Unreserved portions may be classified as either
designated or undesignated. Designated fund balances represent amounts identified by
management for future use. Reserved fund balances indicate that portion of fund equity,
segregated for future use, which are legally required to be segregated in accordance with legal
and contractual provisions.
Fund managers are allowed to identify fund equity designations (unreserved) provided
resources are available in excess of the fund equity used to fulfill reserved balances and those
designations determined by policy.
Designated for Operations – This reserve designation is established to provide for
unforeseen revenue losses. If something happens to the economy, there is flexibility without
worrying that current expenditures will exceed the total revenue available. The revenue
reserve is calculated, as a minimum, at an amount equal to 2% of projected operating
expenditures by fund. The Operations Reserve is not appropriated as part of the annual
budget, but may be utilized at the end of the fiscal year, if necessary.
No minimum balance is required.
c. DEBT SERVICE FUNDS
No minimum fund balance is required. Debt service funds are generally not expected or
managed to carry any fund balance reserves. Their function is to make debt payments, and
receive transfers from other funds to cover the payments, or collect special revenues
dedicated for debt service.
d. CAPITAL PROJECT FUNDS
No minimum fund balance is required.
d. ENTERPRISE FUNDS
Enterprise funds use full accrual based accounting. Their Equity or Fund Balance on a
balance sheet is referred to as Net Assets. In general, Net Assets are subdivided into three
areas, somewhat based on increasing levels of liquidity. The first division is Nets Assets
Invested in Capital Assets, less Related Debt. This class of Net Assets is not liquid at all, and
hence not subject to appropriation. The second division is Nets Assets Restricted to Debt
Service. This class of Nets Assets, if it exists at all, is imposed by debt covenants. Although
each covenant is unique, it commonly equals the next year’s debt service payments. The last
division is Unrestricted Net Assets, which ultimately is the remaining after the other two
divisions are satisfied. It is this class of net assets that the following policies
address.Enterprise funds focus on working capital rather than fund balance.
Enterprise Funds shall maintain a minimum Available Working Capital equal to 25% of
Operating Expenses, less Depreciation. In the case of L&P, operating expenses will include
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purchased renewable energy for resale but will not include regular purchased power for resale
(i.e. Platte River Power Authority).
Electric Utility
The following policies pertain to the electric utility-Light and Power Fund. Since the utility is
debt-free, these policies pertain primarily to maintenance of reserves. The utility shall be
operated:
1. To provide an operating reserve equal to 8% of budgeted operating expenditures, excluding
the cost of purchased power;
2. To provide a future capital improvements reserve in an amount equal to the average
annual cost (excluding debt financing) of the approved five-year capital improvement plan,
considering any changes which, from time to time, may be made in such plan;
3. To provide a purchase power reserve up to approximately 25% of the annual revenue
from the sale of electrical energy. This reserve shall be used to partially off-set, defer, or
mitigate the impact of purchase power cost increases due to factors such as federal power
issues. Significant changes to the 25% level shall be reported to the Council during the budget
process;
4. Capital Outlay Reserve – at an amount needed to maintain capital assets and equipment
reserve at an amount equal to the capital asset replacement schedule;
5. Priority for the accumulation of reserves shall be as follows: reserves shall first be
accumulated in the operating reserve, second in future capital improvements reserve, third in
the purchase power reserve. In addition, 1% of specified capital project appropriations shall
be reserved and restricted for the City's Art in Public Places program. After reserves are
funded, any remaining working capital shall be added to the purchase power reserve.
Water Utility
The following policies pertain to the water utility-Water Fund.
Flow of Funds
The City has committed to maintain rates and charges sufficient to generate sufficient “net
revenues” of the water system to pay principal and interest on its water revenue bonds and
general obligation water bonds. Net revenues include all revenues referred to above, less
operation and maintenance (O&M) expenses. O&M expenses are those expenses necessary
to operate, maintain, and repair the water system, but do not include any allowance for
depreciation or capital replacements and improvements. After all O&M expenses are paid, the
remaining net revenue is pledged to pay the revenue bonds principal, interest, and related
costs. After all O&M and debt services expenses are paid, the City is required to maintain the
following revenue bond accounts:
1. Principal and Interest Reserve - at an amount equal to the accrued principal and interest
on the water revenue bonds; or
2. Debt Service Reserve - at an amount specified in the bond ordinances.
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Any remaining net revenues of the Water Fund may be used for any lawful purpose. These
are used, in part, to fund major and minor capital improvements and the following reserves:
1. Operating Reserve - at an amount equal to 5% of the projected operating revenue for the
ensuing year;
Important note – The Water Fund holds a balance for 2. Restricted Water Rights. The
balance Reserve - at an amount equals to the amount of cash in-lieu-of water rights payments
and raw water surcharges less any expendituresexpenses for acquiring water rights and
water storage;
The enterprises funds should also be accumulating available working capital above these
minimums for the purposes of funding future capital projects. 3. Art in Public Places
Reserve - at an amount equal to 1% of eligible capital projects whose appropriations exceed
$250,000;
4. Capital Outlay Reserve – at an amount needed to maintain capital assets and equipment
reserve at an amount equal to the capital asset replacement schedule;
5. Capital Projects Reserve - at an amount equal to remaining working capital after all other
reserves are satisfied.
Wastewater Utility
The following policies pertain to the wastewater utility-Wastewater Fund.
1. Flow of Funds
The first charge against Wastewater Fund revenue is operation and maintenance (O&M)
expenses--those expenses necessary to operate, maintain, and repair the sewer system.
After all O&M expenses have been paid, the remaining net revenue is pledged to pay the
sewer revenue bonds principal, interest, and related costs. After all O&M and debt services
expenses are paid, the City is required to maintain the following reserve accounts (listed in
pledge order):
1. Principal and Interest Reserve - at an amount equal to the accrued principal and interest
on the sewer revenue bonds; or
2. Debt Service Reserve - at an amount specified in the bond ordinances.
3. Wastewater Bond Capital Reserve - at an amount equal to 25% of the O&M expenses
budgeted for the fiscal year.
Any remaining net pledged revenues of the Wastewater Fund may be used for any lawful
purpose. These are used, in part, to fund major and minor capital improvements and the
following reserves:
1. Operating Reserve - at an amount equal to 5% of the projected operating revenue for the
ensuing year;
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2. Art in Public Places Reserve--at an amount equal to 1% of eligible capital projects whose
appropriations exceed $250,000;
3. Capital Outlay Reserve – at an amount needed to maintain capital assets and equipment
reserve at an amount equal to the capital asset replacement schedule;
4. Capital Projects Reserve - at an amount equal to remaining working capital after all other
reserves are satisfied.
Stormwater Utility
The following policies pertain to the stormwater utility - Storm Drainage Fund.
1. Flow of Funds
The first charge against Storm Drainage Fund revenue is operation and maintenance (O&M)
expenses-those expenses necessary to operate, maintain, and repair the storm drainage
system. After all O&M expenses have been paid, the remaining net revenue is pledged to pay
the storm drainage revenue bonds principal, interest, and related costs. After all O&M and
debt service expenses are paid, the City is required to maintain the following reserve accounts
(listed in pledge order):
1. Principal and interest reserve-at an amount equal to the accrued principal and interest on
the storm drainage revenue bonds;
2. Debt service reserve-at an amount specified in the bond ordinances.
Any remaining net pledged revenues of the Storm Drainage Fund may be used for any lawful
purpose. These are used, in part, to fund major and minor capital improvements and the
following reserves:
1. Operating Reserve--at an amount equal to 5% of the projected operating revenue for the
ensuing year;
2. Art in Public Places Reserve - at an amount equal to 1% of eligible capital projects
whose appropriations exceed $250,000; and
3. Capital Outlay Reserve – at an amount needed to maintain capital assets and equipment
reserve at an amount equal to the capital asset replacement schedule;
4. Capital Projects Reserve - at an amount equal to remaining working capital after all other
reserves are satisfied.
Golf Fund
Designated for Operations – This reserve designation is established to provide for
unforeseen revenue losses. If something happens to the economy, there is flexibility without
worrying that current expenditures will exceed the total revenue available. The revenue
reserve is calculated, as a minimum, at an amount equal to 2% of projected operating
expenditures by fund. The Operations Reserve is not appropriated as part of the annual
budget, but may be utilized at the end of the fiscal year, if necessary.
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e. INTERNAL SERVICE FUNDS
Internal Service funds account for certain support services provided to other funds. By
imposing charges to the users of the services, they recover their costs. The City’s Internal
Service Funds are used to account for the City’s fleet maintenance (Equipment Fund),
management information services and communication services (Data and Communications
Services Fund), self-insurance of employee health care and other employee benefits (Benefits
Fund), and a risk management insurance program (Self Insurance Fund).
Accounting guidelines strongly encourage internal service fund to charge only enough to the
recovery of the cost of the service, including depreciation, rather than making a profit.
However, in certain situations it is appropriate to establish fund balance reserves policies. For
example, customer-approved master plans and independent third-party actuarial reviews
(Benefits Fund and Self Insurance Fund) guide the level of reserves.
Designated for Operations – This reserve designation is established to provide for
unforeseen revenue losses. If something happens to the economy, there is flexibility without
worrying that current expenditures will exceed the total revenue available. The revenue
reserve is calculated, as a minimum, at an amount equal to 2% of projected operating
expenditures by fund. The Operations Reserve is not appropriated as part of the annual
budget, but may be utilized at the end of the fiscal year, if necessary.Each fund is a unique
operation and will maintain a minimum Available Working Capital as follows:
601 Equipment Fund 8.3% Of annual operating expenses, excluding depreciation
602 Self-Insurance Fund 25.0% Of annual operating expenses
603 Data & Communications Fund 0.0% N/A
604 Benefits Fund 30.0% Of annual medical and dental expenses
605 Utility Customer Service Fund 0.0% N/A
5.6 BELOW MINIMUM
When circumstances result in balances below the minimum, staff should develop a plan
to restore minimums fund balances and present it to Council Finance Committee.
Definitions
Non-Spendable Fund Balances – Applicable to governmental funds. Permanent endowments
or assets in a non-liquid form such as long term inter-agency loans.
Restricted Fund Balances – Applicable to governmental funds. Involve a third party such as
State Legislative requirements, voter ballot language, or the Contractual Agreements
with parties external to the City.
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Committed Fund Balances – Applicable to governmental funds. Involve a of formal action by
the City Council. An example is traffic calming revenues are required to be spent on
traffic calming activities. Any unspent monies at end of year are classified as Committed
to Traffic Calming in the General Fund.
Assigned Fund Balances – Are applicable to governmental funds. Assignments can be made by
senior management. They represent the intent to use the monies for a specific purpose.
An example of this it this the one time Harmony Road monies transferred by the State to
the City. Although required to be used on Harmony Road, staff intends to use the
monies only on Harmony Road improvements. These monies are considered when
measuring compliance with minimum fund balances.
Unassigned Fund Balances – Are applicable only to the General Fund. These monies are
considered when measuring compliance with minimum fund balances.
Working Capital – Is a term applicable to Internal Service and Enterprise Funds. It is the
difference between Current Assets and Current Liabilities. Not all Working Capital is
available. Available Working Capital does not include Restrictions for debt, Art in Public
Places, approved capital appropriations, and other restrictions.
Liquidity – Assets range from cash to land. The more easily and quickly an asset can be
converted to cash determines its relative liquidity.
Reserves – A legacy term that previously referred to fund balances, or fund balances set aside
for a specific purpose. It is no longer used on financial statements.
Fund Balance – Is a term applicable to Governmental Funds. Fund balance or Equity is the
difference between Assets and Liabilities. Since governmental funds do not have long
term assets and long term debt on their balance sheet, fund balance is similar and
approximates working capital in the private sector and enterprise funds.
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ATTACHMENT 3
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Attachment13.3: Council Finance Committee minutes, April 21, 2014 (2027 : Financial Policies Updates)
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Attachment13.4: Council Finance Committee minutes, May 19, 2014 (2027 : Financial Policies Updates)
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Attachment13.4: Council Finance Committee minutes, May 19, 2014 (2027 : Financial Policies Updates)
- 1 -
RESOLUTION 2014-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AMENDMENTS TO THE FINANCIAL MANAGEMENT POLICIES
WHEREAS, City Council has adopted Financial Management Policies for the City
pursuant to Resolution 1994-174 (the “Policies”); and
WHEREAS, Resolution 1994-174 provides that City Council may adopt amendments to
the Policies, which the Council has done several times over the years; and
WHEREAS, the City Financial Officer and City Manager have recommended new
amendments to the Policies related to the City’s budget and fund balance minimums; and
WHEREAS, the City is committed to sound and efficient financial planning and
management consistent with the best practices as established by the Government Finance
Officers Association (“GFOA”); and
WHEREAS, the amendments to the Policies related to budget are set out in the “Budget
Policy” attached hereto and incorporated by reference as Exhibit “A” (“Amended Budget
Policy”); and
WHEREAS, the amendments to the Policies concerning “Fund Balance Minimums” are
attached hereto as Exhibit “B” and incorporated by reference (“Amended Fund Balance
Minimums”); and
WHEREAS, the Amended Budget Policy and the Amended Fund Balance Minimums
(jointly, “Amendments”) establish guidelines for sound and efficient financial planning and
management, reflect the City’s current legal requirements that apply to the City’s financial
activities, and constitute GFOA best practices; and
WHEREAS, the City Council wishes to adopt these Amendments in pursuit of its
objective of sound and efficient financial planning and management.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby approves and adopts the Amended Budget
Policy and the Amended Fund Balance Minimums.
Section 2. That the Amendments shall be included as part of the Policies, and the
Policies, as previously amended and as amended herein, shall hereafter remain in effect until the
same are amended or repealed by subsequent action of the City Council.
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- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
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Financial Management Policy
Budget Policy
Issue Date:
Version: 2
Issued by: Lawrence
Pollack
Financial Policy – Budget
1
1.1 Overview
The Fort Collins City Charter establishes time limits and the essential content of the City
Manager’s proposed budget, however the budget preparation process is not prescribed, but
is developed by the City Manager with input from the City Council.
The fiscal year of the City is the calendar year. The City may adopt budgets for a budget
term of one fiscal year or more. After the Charter amendment in 1997 allowing the budget
term to be more than one fiscal year, the Council has adopted two-year budgets that
correspond with the election cycle.
The budget is a 2-year plan by which the City Council sets the financial and operational
priorities for the City - through the budget, services are implemented. The budget along
with the annual appropriation ordinance provides the basis for the control of expenditures.
The State Constitution and the City Charter provide the basic legal requirements and time
lines for the process. Council goals, ordinances and resolutions provide additional direction
and respond to the needs of the community.
1.2 Principals for Budget Planning
The City provides a wide variety of services to the residents of the community. It is in the
power of the City Council to adopt a budget and manage the available resources to best
meet the service needs for the overall good of the community (City Charter Article II,
Section 5 (c)).
Objective:
Governments allocate scarce resources to programs and services through the budget process. As a
result, it is one of the most important activities undertaken by governments. The purpose of this
policy is to establish parameters and provide guidance governing the budget for the City of Fort
Collins (City).
Applicability:
This budget policy applies to all funds and Service Areas of the City.
Authorized by:
City Council
EXHIBIT A
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Financial Policy – Budget
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In 2005 the City Council, on recommendation from the City manager, endorsed the
Budgeting for Outcomes budget process. At a high level, the budgeting for outcomes
methodology can be summarized as:
1. Determine how much money is available. The budget should be built on expected
revenues. This would include base revenues, any new revenue sources, and the
potential use of fund balance.
2. Prioritize results. The results or outcomes that matter most to citizens should be
defined. Elected leaders should determine what programs are most important to their
constituents.
3. Allocate resources among high priority results. The allocations should be made in a
fair and objective manner.
4. Conduct analysis to determine what strategies, programs, and activities will best
achieve desired results.
5. Budget available dollars to the most significant programs and activities. The
objective is to maximize the benefit of the available resources.
6. Set measures of annual progress, monitor, and close the feedback loop. These
measures should spell out the expected results and outcomes and how they will be
measured.
7. Check what actually happened. This involves using performance measures to
compare actual versus budgeted results.
8. Communicate performance results. Internal and external stakeholders should be
informed of the results in an understandable format.
At that time, the City Council also identified the key outcomes it believed should be used in
the new budget process. In addition, the 2005-2007 Policy Agenda sets forth the
implementation and continued improvement of the collaborative budget process, aligning
spending with desired outcomes.
In 2012, the City Council passed resolution 2012-076 promoting improved results through
performance measures and data-driven decision making. In reference to the budget, an
outcome-based performance measurement system will help ensure that available resources
are used to achieve excellent results at low cost to the taxpayers and will enhance the
citizen’s understanding of the City and the services it provides.
1.3 Scope
A. Comprehensiveness
The proposed budget shall provide a complete financial plan for each fund of the city and
shall include appropriate financial statements for each type of fund showing comparative
figures for the last completed fiscal year, comparative figures for the current year, and the
City Manager's recommendations for the ensuing budget term (City Charter Article V, Part
1, Section 2). In addition, the City of Fort Collins Budget Document may include items such
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Financial Policy – Budget
3
as:
1) Statement of organization-wide strategic goals.
2) A description of the budget process, including a timeline.
3) A Glossary of Budget Terms.
4) A City of Fort Collins organizational chart.
5) Letter from the City Manager.
6) Budget Overview which may include:
a) The economic outlook;
b) Revenue assumptions;
c) Summary of use of reserves;
d) Budget priorities and highlights.
7) Copy of signed appropriation ordinance and a schedule of 2nd year proposed
appropriations.
8) Revenue, expense and changes in fund balance summaries.
9) Summary of employee full-time equivalent staffing by service area and department.
10) A section for each of the key strategic Outcomes, which may include:
a) Information indicating how the Offers in the Outcome are funded, by fund;
b) Major key purchases;
c) Major enhancements purchased;
d) Detailed listing of all offers funded and unfunded;
e) Strategic objectives of the Outcome.
11) Fund Statements.
12) Overview of debt position.
13) Current Capital Improvement Plan.
14) Summary of changes to user fees.
15) Summary of property tax mill levy and assessments.
The annual appropriation ordinance shall also include the levy in mills, as fixed by the
Council, upon each dollar of the assessed valuation of all taxable property within the
city, such levy representing the amount of taxes for city purposes necessary to provide,
during the ensuing fiscal year, for all properly authorized expenditures to be incurred
by the city, including interest and principal of general obligation bonds. If the Council
fails in any year to make said tax levy as above provided, then the rate last fixed shall
be the levy fixed for the ensuing fiscal year and the Financial Officer shall so certify
(City Charter Article V, Part 1, section 5).
B. Budget Form
The City of Fort Collins uses the Budgeting For Outcomes model to create the City budget. A
new budget is designed from the ground up based on the results desired in each of the
Outcomes defined by the City. The BFO budget-building process includes four steps:
1) Determine how much revenue will be available (the price people pay);
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2) Determine the priorities of the City and its citizens and the results to be achieved;
3) Allocate the revenue needed to achieve the desired results;
4) Determine which budget items will best produce the desired results at the price
allocated.
C. Basis of Budgeting
All budgetary procedures conform to state regulations and to generally accepted accounting
principles. The basis or principle used for budgeting is the same as that used for
accounting, with a few exceptions, and varies according to the fund type.
Governmental Funds use the modified-accrual basis of accounting. This means that revenues
are recognized when they are earned, measurable and available. Expenditures are
recognized in the period that liabilities are due and payable. The budgetary basis is the
same and is used in the General Fund, Special Revenue and Debt Service Funds, and Capital
Project Funds.
Proprietary and Fiduciary Funds use the full accrual basis of accounting. Revenues are
recognized when they are earned and expenses are recognized when liabilities are incurred.
However, the budgetary basis in these funds is primarily based on the modified-accrual
approach. Instead of authorizing budget for depreciation of capital assets, the budget
measures and appropriates cash outflows for capital acquisition and construction, which is
a modified-accrual approach. In full accrual based accounting debt proceeds are recorded as
liabilities rather than a revenue (funding source). For these reasons a reconciliation and
adjustment is made on these fund statements to show the difference between the budgetary
basis and the accounting basis.
D. Budget Calendar
The fiscal and accounting year shall be the same as the calendar year. "Budget term" shall
mean the fiscal year(s) for which any budget is adopted and in which it is to be
administered. Council shall set by ordinance the term for which it shall adopt budgets in
accordance with this Article (City Charter Article V, Part 1, section 1).
On or before the first Monday in September, commencing in 2010 and every other year
thereafter, the City Manager shall file with the City Clerk a proposed budget for the City for
the ensuing two-year term (City Charter Article V, Part 1, section 2). The Council shall,
within ten (10) days after the filing of said proposed budget with the City Clerk, set a time
certain for public hearing and cause notice of such public hearing to be given by publication.
At the hearing, all persons may appear and comment on any or all items and estimates in
the proposed budget. Upon completion of the public hearing the Council may revise the
budget estimates (City Charter Article V, Part 1, section 3).
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After said public hearing and before the last day of November preceding the budget term,
the Council shall adopt the budget for the ensuing term. The adoption of the budget shall be
by ordinance. Before the last day of November of each fiscal year, the Council shall
appropriate such sums of money as it deems necessary to defray all expenditures of the city
during the ensuing fiscal year. The appropriation of funds shall be accomplished by passage
of the annual appropriation ordinance. Such appropriation of funds shall be based upon the
budget as approved by the Council but need not be itemized further than by fund with the
exception of capital projects and federal or state grants which shall be summarized by
individual project or grant (City Charter Article V, Part 1, section 4).
Appropriations for each year of the two-year budget will be approved by the City Council
annually. Appropriations for the 2nd year of the biannual budget are adopted during the
budget revision process. That process allows for adjustments to the originally adopted
biennial budget that address new Council priorities or support changing needs based on
economic conditions. The City Manager may present any budget adjustment
recommendations to the City Council in Work Sessions and then Council may amend the
budget and, as required by the State and City Charter, appropriate or authorize
expenditures for the coming fiscal year.
1.4 Roles and Responsibilities
All powers of the city and the determination of all matters of policy shall be vested in the
Council except as otherwise provided by the Charter. Without limitation of the foregoing,
the Council shall have power to adopt the budget of the city.
The City Manager shall be responsible to the Council for the proper administration of all
affairs of the City and to that end shall have power and be required to prepare the budget
and submit it to the Council and be responsible for its administration after adoption.
The City Manager and Chief Financial Officer, along with the other executive directors,
known as the Budget Lead Team (BLT), develop the guidelines, consistent with the policies,
to be used for budget preparation. During the development of the budget, various
department and division representatives may be called upon to provide their expertise.
From April through June, City staff from all departments and divisions prepares the Offers
(budget requests) for inclusion in the budget.
1.5 Budgeting Control System
No appropriation shall be made by the Council which exceeds the revenues, reserves or
other funds anticipated or available at the time of the appropriation, except for emergency
expenses incurred by reason of a casualty, accident or unforeseen contingency arising after
the passage of the annual appropriation ordinance (City Charter Article V, Part I, Section 8
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(a)).
Control of expenditures is exercised at the fund level. Fund managers are responsible for all
expenditures made against appropriations within their fund and can allocate available
resources within the fund.
All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to
the applicable general or special fund, except for:
appropriations for capital projects which shall not lapse until the completion of the
capital project; and
federal or state grants which shall not lapse until the expiration of the federal or state
grant (City Charter Article V, Part I, Section 11).
A. Budget Transfers
Between Funds or Capital Projects
During the fiscal year, the Council may, by ordinance, upon the recommendation of the City
Manager, transfer any unexpended and unencumbered appropriated amount or portion
thereof from one fund or capital project account to another fund or capital project account
provided that:
1) the purpose for which the transferred funds are to be expended remains unchanged;
2) the purpose for which the funds were initially appropriated no longer exists; or
3) the proposed transfer is from a fund or capital project account in which the amount
appropriated exceeds the amount needed to accomplish the purpose specified in the
appropriation ordinance (City Charter Article V, Part I, Section 10 (b)).
Within a Fund
Budget control is maintained at the departmental level. The Chief Financial Officer Manager
has the authority to approve departmental expenses greater than budget so long as
expenses are less than budget within a fund. In no case may the total expenditures of a
particular fund exceed that which is appropriated by the City Council (City Charter Article V,
Part I, Section 10 (a)).
B. Applicable Amendments to the Budget
Budget Increases
There generally are four opportunities during the fiscal year for supplemental additions to
the current year annual appropriation approved by Council:
1) The first is through the encumbrance carry-forward process whereby approved
purchase orders that cannot be executed prior to the end of the fiscal year will have
available budget carried forward into the new year.
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Financial Policy – Budget
7
2) The second is usually adopted in March/April to re-appropriate funds from the previous
year’s ending balance for projects or obligations that were approved but not completed
during that year.
3) The third opportunity in the 2nd half of the year is used to fine-tune (clean-up) the
current fiscal year for previously unforeseen events. In addition, if revenue is received
during the fiscal year from a source that was not anticipated at the time of budget
adoption or appropriation for the fiscal year, such as grants or implementation of a new
fee, Council may appropriate that unanticipated revenue for expenditure when received
anytime during the year.
4) Lastly, the Council, upon recommendation of the City Manager, may make supplemental
appropriations by ordinance at any time during the fiscal year; provided, however, that
the total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, shall not exceed the then current estimate of actual
and anticipated revenues to be received by the city during the fiscal year. This provision
shall not prevent the Council from appropriating 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 (City
Charter Article V, Part I, Section 9).
Budget Decreases/Frozen Appropriations
The budget may be decreased below adopted appropriations during the fiscal year due to
changes in service demand, changes in economic conditions, and/or changes in Council
goals. Each service area is responsible for developing a plan to reduce appropriations,
which will be ready for implementation should the need arise. If the City Manager directs
budget reductions, Council will be informed and the appropriations will be “set aside”
through administrative action. While the appropriation amount is not changed,
expenditures shall not exceed the reduced amount recommended by the City Manager.
1.6 Balanced Budget Definition
All funds are required to balance. As such, total anticipated revenues must equal the sum of
budgeted expenditures for each fund. Revenues are derived from two sources: current
revenue charges and unallocated reserves carried forward from prior years.
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Financial Management Policy 5
Fund Balance Minimums
Issue Date: April 15,
2008
Version: 2
Issued by: City Council
Financial Policy 5 – Reserve Policy
1
5.1 Governmental Funds and Fund Balances
To set minimum fund balances so as to mitigate risks, maintain good standing with
rating agencies, and ensure cash is available when revenue is unavailable. The policy is
sets minimum fund balances, not targets or maximum balances. Each fund should be
evaluated by staff to determine the appropriateness of maintaining fund balances above
the minimums set in this policy. Contingencies for severe weather, prolonged drought,
and anticipated capital spending should be considered independently from this policy.
The Equity on balance sheet of a governmental fund is called Fund Balance. The current
classifications of Fund Balance in governmental funds are primarily based on the origin
of the constraints. The following categories are in decreasing order of constraints.
Non-Spendable Permanent endowments or assets in a non-liquid form
Restricted Involve a third party: State Legislation or
Contractual Agreements
Committed Set by formal action of the City Council
Assigned By staff, and/or residual balances in a Special Revenue Fund
Objective:
To set minimum fund balances as to mitigate risk, maintain good standing with rating agencies, and ensure
cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or
maximum balances. Each fund should be evaluated by staff to determine the appropriateness of
maintaining fund balances above the minimums set in this policy. Contingencies for severe weather,
prolonged drought, and anticipated capital spending should be considered independently from this policy.
Applicability:
Funds—This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library.
Authorized by:
City Council Resolution 1994-174 and 2008-038.
EXHIBIT B
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Financial Policy 5 – Reserve Policy
2
Unassigned Remaining balances in the General Fund
Minimums outlined in section 5.2 relate only to Assigned and Unassigned balances.
5.2 Proprietary Fund and Working Capital
Internal Service Funds and Enterprise Funds are accounted for nearly identical to the
private sector. The balance sheets include long term assets and long term liabilities.
The resulting Equity section on their balance sheet, called Net Position, is not a good
measure of spendable financial resources. To get to spendable financial resources, a
common calculation is to take Current Assets and subtract Current Liabilities, with the
net result called Working Capital.
To further refine, for purposes of this policy, certain required restrictions are further
subtracted and result in Available Working Capital. Some examples of required
restrictions are unspent monies for Art in Public Places, Water Rights, and existing
appropriations for capital projects. The minimums outlined in section 5.5 relate to
Available Working Capital.
5.3 Minimum Balances
The following Minimum Balances refers to Assigned and Unassigned Fund Balances in
governmental funds and Available Working Capital in the Internal Service Funds and
Enterprise Funds.
A. General Fund
60 Day Liquidity Goal - The Commitment for Contingency should be at least 60 days
(17%) of the subsequent year’s originally adopted budgeted expenditures and transfers
out. The calculation for the minimum level shall exclude expenditures and transfers out
for large and unusual one-time items.
Important note – the 60 Day Liquidity Goal is in addition to the Restricted Balance
required by Article X, Section 20 of the State Constitution. This reserve must equal 3%
of non-exempt revenue and can only be used for declared emergencies. Fiscal
emergencies are specifically excluded by the State Constitution as qualifying use of this
reserve.
B. Special Revenue Funds
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3
No minimum balance is required.
C. Debt Service Funds
No minimum balance is required.
D. Capital Project Funds
No minimum balance is required.
E. Enterprise Funds
Enterprise funds focus on working capital rather than fund balance.
Enterprise Funds shall maintain a minimum Available Working Capital equal to 25% of
Operating Expenses, less Depreciation. In the case of L&P, operating expenses will
include purchased renewable energy for resale but will not include regular purchased
power for resale (i.e. Platte River Power Authority).
Important note – The Water Fund holds a balance for Restricted Water Rights. The
balance equals the amount of cash in-lieu-of water rights payments and raw water
surcharges less any expenses for acquiring water rights and water storage;
The enterprises funds should also be accumulating available working capital above
these minimums for the purposes of funding future capital projects.
F. Internal Service Funds
Each fund is a unique operation and will maintain a minimum Available Working Capital
as follows:
601 Equipment Fund 8.3% Of annual operating expenses, excluding
depreciation
602 Self-Insurance Fund 25.0% Of annual operating expenses
603 Data & Communications
Fund
0.0% N/A
604 Benefits Fund 30.0% Of annual medical and dental expenses
605 Utility Customer Service
Fund
0.0% N/A
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4
5.4 Below Minimum
When circumstances result in balances below the minimum, staff should develop a plan
to restore minimums fund balances and present it to Council Finance Committee.
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5
Definitions
Non Spendable Fund Balances: Applicable to governmental funds. Permanent endowments or assets in a
non-liquid form such as long term inter-agency loans.
Restricted Fund Balances: Applicable to governmental funds. Involve a third party such as State
Legislative requirements, voter ballot language, or the Contractual Agreements with parties
external to the City.
Committed Fund Balances: Applicable to governmental funds. Involve a of formal action by the City
Council. An example is traffic calming revenues are required to be spent on traffic calming
activities. Any unspent monies at end of year are classified as Committed to Traffic Calming in the
General Fund.
Assigned Fund Balances: Are applicable to governmental funds. Assignments can be made by senior
management. They represent the intent to use the monies for a specific purpose. An example of this
it this the one time Harmony Road monies transferred by the State to the City. Although required to
be used on Harmony Road, staff intends to use the monies only on Harmony Road improvements.
These monies are considered when measuring compliance with minimum fund balances.
Unassigned Fund Balances: Are applicable only to the General Fund. These monies are considered when
measuring compliance with minimum fund balances.
Working Capital: Is a term applicable to Internal Service and Enterprise Funds. It is the difference
between Current Assets and Current Liabilities. Not all Working Capital is available. Available
Working Capital does not include Restrictions for debt, Art in Public Places, approved capital
appropriations, and other restrictions.
Liquidity: Assets range from cash to land. The more easily and quickly an asset can be converted to cash
determines its relative liquidity.
Reserves: A legacy term that previously referred to fund balances, or fund balances set aside for a specific
purpose. It is no longer used on financial statements.
Fund Balance: Is a term applicable to Governmental Funds. Fund balance or Equity is the difference
between Assets and Liabilities. Since governmental funds do not have long term assets and long
term debt on their balance sheet, fund balance is similar and approximates working capital in the
private sector and enterprise funds.
Packet Pg. 158
Attachment2: Exhibit B (2149 : Financial Policies Updates RESO)
Financial Policy 5 – Reserve Policy
6
Getting Help
Please contact the Controller with any questions at 970.221.6772.
Packet Pg. 159
Attachment2: Exhibit B (2149 : Financial Policies Updates RESO)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Cory Christensen, Police Captain
SUBJECT
Resolution 2014-059 Authorizing the City Manager to Enter Into an Agreement With the Members of the
Colorado Information Sharing Consortium.
EXECUTIVE SUMMARY
The purpose of this item is to enter into an agreement with the Colorado Information Sharing Consortium to
allow Fort Collins Police Services to continue as a member agency of Coplink, which allows member agencies
throughout Colorado to share valuable information in order to solve crimes, develop leads and track suspects
leading to their arrest.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Colorado Information Sharing Consortium (CISC) began in 2007 with an information sharing tool known as
Coplink for law enforcement agencies throughout the State of Colorado. The purpose of this network is for law
enforcement to share records and computer-aided dispatch data information with member agencies. Fort
Collins Police Services entered into an agreement to participate in April 2008 through a Memorandum of
Understanding. CISC began with 11 agencies participating and currently consists of a participation rate of 93
agencies. The value of this information sharing technology has been a useful and vital crime fighting tool.
Coplink creates the ability to locate information on suspects, witnesses, vehicles and other useful information.
Currently, the Cornsortium has operated through a Memorandum of Understanding (MOU). The initiators of
CISC have completed an Intergovernmental Agreement (IGA) for its member agencies to adopt in order for a
more formal and sound governing structure. The IGA is beneficial in that it allows CISC the protections of
governmental immunity, the ability to enter into enforceable contracts, hire employees, and apply for and
accept grants. It also allows for the institution of an Executive Director.
FINANCIAL / ECONOMIC IMPACT
The cost to the agency for Coplink through the Consortium annually is $5,182.
ATTACHMENTS
1. Staff Memo to Council, March 3, 2014 (PDF)
Packet Pg. 160
Administration
2221 South Timberline Road
PO Box 580
Fort Collins, CO 80522
970.221.6550
970.224.6088 - fax
fcgov.com
To: Mayor Weitkunat and Council Members
Thru: Darin Atteberry, City Manager
John Hutto, Chief of Police
From: Deputy Chief Jim Szakmeister
Reference: Inter- Governmental Agreement – Colorado Information Sharing Consortium
Date: March 3, 2014
Background
The Colorado Information Sharing Consortium (CSIC) began in 2007 by eleven law enforcement
agencies as core partners. At that time, CSIC consisted of Adams County Sheriff, Arapahoe
County Sheriff, Jefferson County Sheriff, Mesa County Sheriff, Douglas County Sheriff,
Colorado Department of Public Safety, Aurora Police Department, Colorado Springs Police
Department, Commerce City Police Department, Denver Police Department, and Grand Junction
Police Department. Since then, the Consortium consists of 93 agencies in the State of Colorado.
CSIC was formed in order to address the need to link law enforcement agencies with each
other’s records management and computer-aided dispatch data systems and share sensitive law
enforcement information for law enforcement related purposes. As a result, CSIC contracted a
product known as Coplink. Officers can access this system through desktops, cell phones, or
laptop computers and gain valuable information regarding suspects, suspect vehicles, and other
related information.
Police Services entered into a Memorandum of Understanding in January, 2010 and have
actively utilized this service since. In 2013, nearly 6500 queries were made in the Coplink
system by officers of Police Services. It is a tool that helps officers and detectives solve crimes.
Benefits of an Inter-Governmental Agreement for CISC
CISC is seeking to create a more formal and sound governing structure by requiring each
participating agency to enter into this Inter-Governmental Agreement. The following benefits
are:
Allows for the protections of governmental immunity;
Allows for the Consortium to enter into enforceable contracts, hire employees, and apply
for and accept grant funding;
Allows for the institution of an Executive Director;
ATTACHMENT 1
Packet Pg. 161
Attachment14.1: Staff Memo to Council, March 3, 2014 (1757 : Colorado Information Sharing Consortium)
As a governmental Authority, is subject to the Open Meetings Act and Colorado Open
Records Act.
Financial Impact
This agreement does not create any specific financial obligation for any agency. All agencies
retain the same obligation to pay their reasonable share of costs for the consortium. Any
participating agency always has the option to opt out.
Estimated annual cost to Police Services: $5,182
Packet Pg. 162
Attachment14.1: Staff Memo to Council, March 3, 2014 (1757 : Colorado Information Sharing Consortium)
- 1 -
RESOLUTION 2014-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
MEMBERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
WHEREAS, the Colorado Information Sharing Consortium (“CISC”) began in 2007 with
an information sharing computer software, known as Coplink, for law enforcement agencies
throughout the State of Colorado; and
WHEREAS, the purpose of Coplink is for Colorado law enforcement agencies to share
their records and computer-aided dispatch data information with member agencies; and
WHEREAS, effective April 14, 2008, the City, through Fort Collins Police Services
(“FCPS”) entered into a Memorandum of Understanding (the “MOU”) with the CISC to become
a member agency and to participate in Coplink; and
WHEREAS, the value of this information sharing technology has been a useful and vital
crime fighting tool; and
WHEREAS, FCPS believes that is in the best interests of the City and the citizens of the
City for FCPS to continue as a member agency and to participate in Coplink; and
WHEREAS, the CISC began in 2007 with eleven (11) member agencies, and has grown
to include 93 member agencies in 2014; and
WHEREAS, with its rapid growth of member agencies, the CISC determined that it was
in the public’s best interest to formalize the CISC into a legal entity in order to permit the CISC
to enter into contracts and utilize economies of scale for the purchase of future services,
products, and maintenance and to enter into information sharing agreements with jurisdictions
outside the State of Colorado; and
WHEREAS, the CISC has drafted the “Intergovernmental Agreement of the Colorado
Information Sharing Consortium,” attached hereto as Exhibit “A” (the “Agreement”), to replace
and supersede all previously existing MOU’s; and
WHEREAS, FCPS recommends the City become a party to the Agreement, which will
replace and supersede the 2008 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute the Agreement in
substantially the form attached hereto as Exhibit “A,” together with such modifications and
additions as the City Manager, in consultation with the City Attorney, determines necessary and
appropriate to protect the interests of the City or further the purposes of this Resolution.
Packet Pg. 163
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Packet Pg. 164
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
EXHIBIT A
Packet Pg. 165
Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
ii
TABLE OF CONTENTS
RECITALS
DEFINITIONS
01. Definitions ........................................................................................................ 2
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
02. Creation of the CISC ......................................................................................... 2
03. Principal Place of Business ............................................................................... 2
04. CISC Purpose ................................................................................................... 3
DATA SHARING AGREEMENT
05. Data Sharing ..................................................................................................... 3
06. Data Use ........................................................................................................... 3
07. Personnel Authorized to Access Data ................................................................ 3
08. Data Security .................................................................................................... 3
09. Data Custody and Control ................................................................................. 3
10. Data Accuracy .................................................................................................. 3
11. Intelligence Information .................................................................................... 3
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
12. Powers of the CISC ........................................................................................... 4
13. Restrictions on Powers of the CISC ................................................................... 4
BOARD OF DIRECTORS
14. Board of Directors............................................................................................. 5
15. Number of Directors, Term, and Term Limits ................................................... 5
16. Eligibility, Appointment, Removal, and Vacancies............................................ 5
17. Compensation ................................................................................................... 5
18. Action of the Board at a Meeting....................................................................... 5
19. Committees ....................................................................................................... 6
20. Alternates and Absentee Voting ........................................................................ 6
21. Representative’s Right to Attend Meetings ........................................................ 6
MANAGEMENT OF THE CISC
22. CISC Manager .................................................................................................. 6
23. Additional Assistance from Assigned Employees .............................................. 7
FINANCIAL
24. Deposits and Expenditures ................................................................................ 8
25. Fiscal Agent ...................................................................................................... 8
26. Fiscal Year ........................................................................................................ 8
27. No Multiple Year Fiscal Obligations ................................................................. 8
RIGHTS OF PARTIES
28. No Duty to Pay Membership, Annual, or Other Fees ......................................... 8
29. Voluntary Assumption of Debts ........................................................................ 8
30. Financial Responsibility .................................................................................... 8
Packet Pg. 166
Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
iii
31. Examination of Records .................................................................................... 8
32. Addition of New Parties .................................................................................... 9
33. Right to Terminate Participation........................................................................ 9
GENERAL PROVISIONS
34. Amendments ..................................................................................................... 9
35. Construction and Interpretation ......................................................................... 9
36. Duplicate Counterparts ...................................................................................... 9
37. Entire Agreement ............................................................................................ 10
38. Governing Law ............................................................................................... 10
39. Indemnification ............................................................................................... 10
40. Mediation ........................................................................................................ 10
41. No Third-Party Beneficiaries........................................................................... 10
42. Severability ..................................................................................................... 10
43. Term ............................................................................................................... 10
44. Termination .................................................................................................... 10
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 1 of 16
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is effective as of
the [ ] day of [ ], 2014 (the “Effective Date,” as further
defined below) by and between the Adams County Sheriff’s Office, the Arapahoe County
Sheriff’s Office, the City of Aurora, the Colorado Department of Public Safety of the State of
Colorado, the City of Colorado Springs, the City of Commerce City, the City and County of
Denver, the Douglas County Sheriff’s Office, the City of Grand Junction, the Board of County
Commissioners of the County of Jefferson, the Board of County Commissioners of the County of
Mesa, and all other entities or agencies that sign this Agreement consistent with the requirements
herein (individually a “Party” and collectively the “Parties”).
RECITALS
WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain, and
operate law enforcement services;
WHEREAS, Part 2 of Article 1, Title 29 of the Colorado Revised Statutes (the “C.R.S.”)
encourages and authorizes intergovernmental agreements for the joint and cooperative provision
of public services;
WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate and contract with one
another to provide any function, service, or facility lawfully authorized to each and to establish a
separate legal entity to do so;
WHEREAS, 21 U.S.C. § 873 and regulations promulgated thereunder authorize certain
agencies within the Federal government to cooperate with local, state, tribal, and Federal
agencies for the purpose of exchanging certain information;
WHEREAS, the Parties, along with other Colorado law enforcement entities, have
previously entered into a nonbinding and voluntary memorandum of understanding (the “MOU”)
to jointly develop the statewide Colorado Information Sharing Consortium (the “CISC”) with the
purpose and intent of sharing law enforcement information, primarily through a software product
known as COPLINK;
WHEREAS, the Parties, along with the other signatories of the MOU, have determined that
it is in the public’s best interest to formalize the CISC into a legal entity in order to permit the
CISC to enter into contracts and utilize economies of scale for the purchase of future services,
products, and maintenance and to enter into information sharing agreements with jurisdictions
outside the State of Colorado;
WHEREAS, the Parties and other signatories of the MOU have agreed to organize and
operate a separate legal entity pursuant to C.R.S. § 29-1-203(4), which shall be known as the
Colorado Information Sharing Consortium; and
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 2 of 16
WHEREAS, the Parties intend for other entities or agencies to join as Parties to this
Agreement by signing a separate signature page to this Agreement consistent with the
requirements herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties hereby agree as follows:
DEFINITIONS
1. Definitions. In addition to the above defined terms, the following terms shall have the
meaning ascribed to them.
a. “Assigned Employee” shall mean a Party’s employee assigned to work full- or
part-time on behalf of the CISC.
b. “Board” shall mean the Board of Directors of the CISC.
c. “Data” shall mean facts, detailed information, police report narratives,
supplemental report narratives, other text-related information as determined and released
by each Party’s internal information sharing policy, and other materials provided by a
Party to the CISC. “Data” shall not mean Intelligence Information (defined below).
d. “Director” shall mean a director on the Board of the CISC.
e. “Effective Date” shall be the date written in the preamble, which shall be the date
on which the sixth Party signed this Agreement.
f. “Intelligence Information” shall mean evaluated data relevant to the identification
of criminal activity engaged in by an individual or organization reasonably suspected of
involvement in criminal activity that meets criminal intelligence system submission
criteria as set forth in Part 23 of Title 28 of the Code of Federal Regulations. Intelligence
Information is a criminal justice record pursuant to C.R.S. § 24-72-302(4).
g. “Manager” shall mean a person who is assigned to manage the day-to-day
operations of the CISC.
h. “Representative” shall mean the chief law enforcement officer of each Party or
the person designated by the chief law enforcement officer of each Party.
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
2. Creation of the CISC. Pursuant to C.R.S. § 29-1-203(4), the Parties hereby create a
separate legal entity known as the Colorado Information Sharing Consortium, or CISC, which
shall have the powers, authorities, duties, privileges, immunities, rights, and responsibilities as
set forth herein.
3. Principal Place of Business. The principal place of business of the CISC shall be 15001
East Alameda Parkway, Aurora, CO 80012, unless and until otherwise established from time to
time by the Board.
Packet Pg. 169
Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 3 of 16
4. CISC Purpose. The purpose of the CISC is to facilitate the sharing of Data and
Intelligence Information between the Parties and non-Party governmental entities and agencies
authorized by the Board.
DATA SHARING AGREEMENT
5. Data Sharing. Each Party shall share Data with the Parties and with non-Party
governmental entities or agencies authorized by the Board.
6. Data Use. Shared Data shall only be used for law enforcement purposes consistent with
the welfare and protection of the general public.
7. Personnel Authorized to Access Data. Only the Parties’ employees and employees of
non-Party governmental entities or agencies authorized by the Board shall be allowed to access
the Data. All persons with access to the Data must first pass an adequate background screen. The
Board shall determine what constitutes an adequate background screen for the purpose of access
to Data.
8. Data Security. The Parties and any non-Party governmental entities or agencies
authorized by the Board shall maintain, enforce, and follow security requirements for the Data as
specified by the Board, including requirements on network configuration and network access.
9. Data Custody and Control. Each Party shall retain custody and control and shall remain
the official custodian of any Data shared by that Party. The CISC shall not have custody and
control and shall not be the official custodian of any Data. The CISC shall not release any Data
pursuant to a request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a
subpoena unless specifically ordered to do so by a court of competent jurisdiction.
10. Data Accuracy. The Parties understand that the Data shared by the Parties may not be
accurate. The Board may set standards and requirements for Parties to correct inaccurate Data.
11. Intelligence Information.
a. No Obligation to Share. No Party shall be required to share Intelligence
Information and may deny a request to share Intelligence Information for any reason.
b. Standard for Sharing. When Intelligence Information is disseminated through the
CISC, it shall be disseminated consistent with Part 23 of Title 28 of the Code of Federal
Regulations.
c. Policies and Procedures. The Board may set policies and procedures regarding
Intelligence Information use, receipt, maintenance, security, and dissemination not
inconsistent with Part 23 of Title 28 of the Code of Federal Regulations.
d. Intelligence Information Custody and Control. All Intelligence Information shall
remain the sole proprietary information of the Party contributing that Intelligence
Information. Each Party shall retain custody and control and shall remain the official
custodian of any Intelligence Information shared by that Party. The CISC shall not have
custody and control and shall not be the official custodian of any Intelligence
Information. The CISC shall not release any Intelligence Information pursuant to a
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 4 of 16
request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a subpoena
unless specifically ordered to do so by a court of competent jurisdiction.
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
12. Powers of the CISC. In order to enable the CISC to carry out its functions and provide the
services described herein, the CISC shall have the power:
a. Acquire Property. To acquire, hold, lease (as lessor or lessee), sell, or otherwise
dispose of any legal or equitable interest in real or personal property;
b. Add Parties. To approve other governmental entities or agencies authorized to
lawfully provide, establish, maintain, or operate law enforcement services to join the
CISC on the conditions determined by the Board;
c. Adopt Rules and Regulations. To adopt rules and regulations regarding the
exercise of its powers and the carrying out of its purposes;
d. Apply for Grants. To apply for and receive grants in its own name;
e. Conduct Business. To conduct its business and affairs for the benefit of the Parties
and their residents;
f. Contract. To enter into, make, and perform contracts of every kind;
g. Engage Agents. To engage, employ, or appoint agents, including but not limited
to accountants, architects, attorneys, consultants, employees, engineers, and managers
and to pay the direct and indirect reasonable costs of such agents for services rendered to
the CISC;
h. Fees and Charges. To assess, fix, maintain, and revise fees and charges for
functions, services, or facilities provided by the CISC or to cover the cost of operating
and managing the CISC; however, pursuant to paragraph 28, neither the CISC nor any
Party shall have the power to compel a Party to pay any fees, rates, or charges;
i. Incur Debt. To incur debts and obligations, deliver bonds or notes for monies
borrowed or other obligations of the CISC, and to secure the payment of such bonds or
obligations, except that no party shall be liable for any debts or obligations of the CISC;
j. Legal Process. To litigate, arbitrate, or mediate in its own name;
k. Receive Contributions. To receive contributions of gifts, grants, or services; and
l. Terminate a Party’s Participation in this Agreement. To terminate or limit a
Party’s participation in this Agreement.
13. Restrictions on Powers of the CISC. The CISC shall not have the power:
a. Eminent Domain. To take property by eminent domain;
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 5 of 16
b. Obligate Payment. To obligate a Party to pay any money to the CISC or to
another Party, except that the CISC may enter into contracts with Parties for the payment
of money; or
c. Tax. To impose taxes.
BOARD OF DIRECTORS
14. Board of Directors. The governing body of the CISC shall be the Board, in which all
administrative and legislative power of the CISC is vested. The purpose of the Board is to set
policy for the CISC and decide important issues of the CISC.
15. Number of Directors, Term, and Term Limits. There shall be eleven (11) Directors on the
Board. Six (6) Directors shall have terms that expire on March 31 of every even numbered year.
Five (5) Directors shall have terms that expire on March 31 of every odd numbered year. There
shall be no limit to the number of terms an individual may serve as a Director.
16. Eligibility, Appointment, Removal, and Vacancies. Each Director must be an employee
of a Party. If a Director is no longer employed by a Party, the Director shall no longer be a
Director. A Director may resign at any time and for any reason by giving two weeks prior written
notice to the Board. A vacant Director position shall be filled by majority vote of the
Representatives as soon as practicable.
a. Initial Appointment. The initial Directors shall be appointed by the
Representatives of the eleven named Parties listed in the preamble of this Agreement.
The Representatives of the first six (6) named Parties that agree to and sign this
Agreement shall each appoint one Director, whose terms shall expire on March 31, 2016.
The Representatives of the next five (5) named Parties that agree to and sign this
Agreement shall each appoint one Director, whose terms shall expire on March 31, 2015.
b. Subsequent Appointment. After the initial Directors’ terms expire, all subsequent
Directors shall be appointed by a majority vote of the Representatives.
17. Compensation. A Director shall not receive compensation for the Director’s service to the
CISC. The Board may provide for reimbursement to a Director, Representative, or other person
for actual and reasonable expenses incurred while performing duties for the CISC. At no time
shall a Director or a Representative be considered an employee of the CISC.
18. Action by the Board at a Meeting. Meetings of the Board may be held at any place that a
majority of the Directors on the Board may determine. Directors may attend the meeting in
person or by conference telephone or similar communications equipment, and such participation
at a meeting shall constitute attendance. The following rules shall apply.
a. Quorum. The attendance of at least a majority of the Directors of the Board shall
constitute a quorum for the transaction of business.
b. Voting. The affirmative vote of a majority of the Directors on the Board that are
present at any meeting at which there is a quorum shall be an act of the Board, unless a
supermajority is specified herein or by rules adopted by the Board.
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 6 of 16
c. Minutes. Minutes of each meeting and a record of each decision shall be kept by
the Board.
19. Committees. The Board may designate one or more committees that shall serve at the
pleasure of the Board. Any committees shall have the powers and responsibilities granted by the
Board to that committee.
20. Alternates and Absentee Voting. A Director may appoint an alternate who will have the
same voting rights as the Director when participating in Board meetings in the absence of the
Director. Alternates must be employed by a Party. Absentee voting, where a Director votes
without attending a meeting (whether in person or by other communications equipment) or
without appointing an alternate, is not allowed.
21. Representative’s Right to Attend Meetings. Each Representative, or an alternate, shall
have the right to attend, whether in person or by conference telephone or similar communications
equipment, any meeting of the Board and to voice opinions on any matter concerning the CISC.
MANAGEMENT OF THE CISC
22. CISC Manager.
a. Appointment. Upon request from the Board, the Representatives shall jointly
nominate one or more persons to be the Manager and submit those persons’ names to the
Board. Based on those nominations, the Board shall select one or more persons to be the
Manager. The appointment of a Manager shall be contingent upon the approval of the
Representative of the Party employing the Manager.
b. CISC Manager. The Manager shall manage the day-to-day operations of the CISC
and undertake and execute the Board’s instructions and directions. The Manager shall
have the administrative authority necessary to perform the tasks and responsibilities
assigned pursuant to this Agreement. The Board may grant to the Manager any additional
administrative authority as the Board deems necessary. The Manager shall attend all
meetings of the Board and follow the Board’s instructions and directions.
c. Eligibility and Employment. The person(s) serving as the Manager must be an
employee of a Party at all times during that person’s tenure as the Manager. The Manager
shall not be considered an employee of the CISC. The Board may hire an employee of the
CISC under terms written and negotiated by the Board to perform the duties of the
Manager under the supervision and direction of the Board.
d. Term. The Manager’s term is expected to last for two (2) years, but the actual
length (whether longer or shorter) shall be determined by agreement between the Board
and the Representative of the Party employing the Manager. Whether the Manager works
full- or part-time on CISC matters shall be determined by agreement between the Board
and the Representative of the Party employing the Manager. The Board may remove the
Manager at any time and for any reason. The Representative of the Party employing the
Manager may recall the Manager at any time and for any reason by giving sixty (60) days
prior written notice to the Board, unless the Representative and the Board agree to other
notification requirements.
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 7 of 16
e. Compensation. The Party employing the Manager shall bear the full cost of the
Manager. The CISC shall not be obligated to reimburse the Party employing the Manager
for the cost of the Manager. However, the Board may assess an annual fee on the Parties
to reimburse the Party employing the Manager (or the CISC, if the CISC hires an
employee to perform the duties of the Manager) for all or part of the costs associated with
employing the Manager. As is stated in paragraph 28 of this Agreement, and consistent
with that paragraph, no Party is obligated to pay any annual fees but may be denied
access to the CISC or face other non-monetary penalties.
23. Additional Assistance from Assigned Employees.
a. Appointment. The Board may seek an Assigned Employee from the Parties. Upon
request from the Board, any Representative may volunteer one or more Assigned
Employees to work full- or part-time on behalf of the CISC. The Board may accept or
decline the person volunteered to become an Assigned Employee.
b. Assigned Employees. Each Assigned Employee shall work under the supervision
and direction of the Manager. Each Assigned Employee shall have the administrative
authority necessary to undertake and execute the tasks and responsibilities assigned by
the Manager and the Board. The Board may grant to any Assigned Employee any
additional administrative authority as the Board deems necessary. An Assigned
Employee shall attend meetings of the Board if and when the Board or the Manager
requests that Assigned Employee’s presence.
c. Eligibility and Employment. Any person serving as an Assigned Employee must
be an employee of a Party at all times during that person’s tenure as an Assigned
Employee. The Assigned Employee shall not be considered an employee of the CISC.
The Board may hire one or more full- or part-time employees of the CISC under terms
written and negotiated by the Board to work under the supervision and direction of the
Manager and the Board.
d. Term. The Assigned Employee’s term shall be determined by agreement between
the Board and the Representative of the Party employing the Assigned Employee.
Whether the Assigned Employee works full- or part-time on CISC matters shall be
determined by agreement between the Board and the Representative of the Party
employing the Assigned Employee. The Board may remove the Assigned Employee at
any time and for any reason. The Representative of the Party employing the Assigned
Employee may recall the Assigned Employee at any time and for any reason by giving
thirty (30) days prior written notice to the Board, unless the Representative and the Board
agree to other notification requirements.
e. Compensation. The Party employing an Assigned Employee shall bear the full
cost of that Assigned Employee. The CISC shall not be obligated to reimburse the Party
employing the Assigned Employee for the cost of the Assigned Employee. However, the
Board may assess an annual fee on the Parties to reimburse the Party employing the
Assigned Employee (or the CISC, if the CISC employs an employee to perform the
duties of the Assigned Employee) for all or part of the costs associated with employing
the Assigned Employee. As is stated in paragraph 28 of this Agreement, and consistent
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 8 of 16
with that paragraph, no Party is obligated to pay any annual fees but may be denied
access to the CISC or face other non-monetary penalties.
FINANCIAL
24. Deposits and Expenditures. All funds of the CISC shall be deposited to the credit of the
CISC in an interest bearing account. No payments or withdrawals of such funds in an amount
over five hundred dollars ($500) shall be allowed without prior approval of the Board and the
written authorization of two (2) Directors. Payments or withdrawals of such funds in amounts up
to and including five hundred dollars ($500) may be authorized by the Manager.
25. Fiscal Agent. The Board may request that a Party or other entity be the fiscal agent for
the CISC.
26. Fiscal Year. The fiscal year of the CISC shall be January 1 through December 31 of each
year.
27. No Multiple Year Fiscal Obligations. The Parties do not intend to create a multiple year
fiscal obligation for any Party by virtue of this Agreement. The Parties acknowledge that any
future monetary obligations of any Party are subject to sufficient appropriations by each Party
and such appropriations are not guaranteed to be made.
RIGHTS OF PARTIES
28. No Duty to Pay Membership, Annual, or Other Fees. No Party shall be required by this
Agreement to pay any membership, annual, or other fees or charges imposed by the Board. The
sole remedy for the failure of a Party to pay any fees or charges shall be, at the Board’s
discretion, (a) exclusion from the CISC, (b) denial of Data and Intelligence Information sharing
with other Parties through the CISC, (c) loss of any or all of the privileges and rights of a Party,
(d) termination of the non-paying Party’s participation in this Agreement, or (e) any combination
of the foregoing as determined by the Board.
29. Voluntary Assumption of Debts. A Party may voluntarily elect to be liable, in whole or in
part, for any or all of the debts, liabilities, or obligations of the CISC at the sole discretion of that
Party.
30. Financial Responsibility. The CISC shall not be required to pay any Party’s costs
associated with acquiring or maintaining any hardware or licensed software necessary for that
Party to participate in the CISC. The Board may agree to pay for expenses incurred by a Party
that, in furtherance of the CISC’s purposes, (a) maintains goods for use by other Parties or
(b) provides services to other Parties.
31. Examination of Records. Any authorized agent of a Party, including an authorized auditor
or his or her representative, has the right to access and the right to examine any pertinent fiscal
books, documents, papers, and records of the CISC involving fiscal transactions for three (3)
years after the date of the fiscal transaction.
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 9 of 16
32. Addition of New Parties.
a. Law Enforcement Requirement. All Parties, and any entity or agency that
becomes a Party, must be governmental entities or agencies that are authorized to
lawfully provide, establish, maintain, and operate law enforcement services.
b. Signatories of the MOU. All entities and agencies that signed the MOU prior to
the Effective Date are vested with approval to become Parties by signing a separate
signature page to this Agreement that states that the new Party agrees to the terms and
conditions of this Agreement. Upon delivery of the signed signature page to the Manager,
satisfaction of any conditions imposed by the Board, and payment of any CISC
membership fees, if applicable, such entity or agency shall be a Party.
c. Non-Signatories of the MOU. Any entity or agency that did not sign the MOU
prior to the Effective Date may become a Party by (i) gaining approval of the Board and
(ii) signing a separate signature page to this Agreement that states that the new Party
agrees to the terms and conditions of this Agreement. Upon delivery of the signed
signature page to the Manager, satisfaction of any conditions imposed by the Board, and
payment of any CISC membership fees, if applicable, such entity or agency shall be a
Party.
d. CISC Membership Fee. Any entity or agency that signed the MOU prior to the
Effective Date and paid a CISC membership fee at that time shall not be required to pay
an additional membership fee in order to join the CISC. Any entity or agency that
(i) signed the MOU prior to the Effective Date but did not pay a CISC membership fee at
the time or (ii) did not sign the MOU prior to the Effective Date may be required to pay a
CISC membership fee in an amount determined by the Board as a condition of becoming
a Party.
33. Right to Terminate Participation. A Party may terminate its participation in this
Agreement by giving written notice to the Board at least sixty (60) days prior to the date of
termination, unless the Board and a specific Party have agreed on a different notice period.
GENERAL PROVISIONS
34. Amendments. This Agreement shall not be amended unless seventy-five percent (75%) of
the Representatives approve such amendment in writing. The sole remedy for any Party that
disagrees with any amendments is to terminate its participation in this Agreement.
35. Construction and Interpretation. The table of contents and the section and other headings
and subheadings contained in this Agreement are solely for the purpose of reference, are not part
of the agreement of the Parties, and shall not in any way affect the meaning or interpretation of
this Agreement.
36. Duplicate Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be considered an original. The signature of any Party to any counterpart shall
be deemed a signature to, and may be appended to, any other counterpart.
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 10 of 16
37. Entire Agreement. This Agreement embodies the entire understanding and agreement
among the Parties concerning the CISC and supersedes any and all prior negotiations,
understandings, or agreements, including the MOU.
38. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of Colorado to the extent not inconsistent with Federal law.
39. Indemnification. Without waiving the protections, limitations, and requirements of the
Colorado Governmental Immunity Act in Article 10, Title 24, C.R.S., each Director,
Representative, Manager, Assigned Employee, officer, agent, and volunteer shall be provided
with a legal defense and indemnification as provided by that person’s employer to the extent not
inconsistent with Federal law.
40. Mediation. In the event of a dispute between the Parties regarding the interpretation of
this Agreement or regarding any issue arising under this Agreement, the Parties hereby agree to
the following mediation procedure. First, the disagreeing Parties will submit the issue to the
Representatives, who will mediate the disagreement and try to devise an acceptable solution. If
that process fails, the disagreeing Parties will submit the issue to the highest elected officials of
each Party (e.g., the Mayor of a city or the County Commissioners of a county) who will mediate
the disagreement and try to devise an acceptable solution. The highest elected official of each
Party may approve a designee to mediate on behalf of that Party. The Parties agree to mediate in
good faith. If any disagreeing Party requests a mediator, the disagreeing Parties shall jointly
select a mediator and share the cost of the mediator equally. Decisions by the Board are not
subject to mediation. This paragraph shall apply to the extent not inconsistent with Federal law.
41. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
third-party benefits or beneficiaries or create a right or cause of action for the enforcement of this
Agreement’s terms in any entity or person not a Party to this Agreement including any agents,
employees, officers, or volunteers of any Party or any entity with whom the CISC contracts.
42. Severability. In the event that any of the terms, covenants, or conditions of this
Agreement or their application shall be held invalid as to any Party, entity, or person by a court
of competent jurisdiction, (a) the remainder of this Agreement shall not be affected thereby,
(b) such determination shall not affect or impair the validity or enforceability of any other
provision, and (c) the remaining provisions shall be interpreted and applied so far as possible to
reflect the original intent and purpose of this Agreement.
43. Term. The term of this Agreement shall be unlimited and shall extend until terminated as
provided herein.
44. Termination. This Agreement may be terminated upon agreement in writing of seventy-
five percent (75%) of the Representatives. Upon termination of the CISC, any monetary funds
held by the CISC shall be distributed, after paying the debts and obligations of the CISC, to the
Parties proportionate with the number of sworn law enforcement officers employed by each
Party. Additionally, upon termination of the CISC, any non-monetary assets shall become the
property of the Party in possession of those assets.
[SIGNATURE PAGES TO FOLLOW]
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 11 of 16
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
Effective Date.
The Adams County Sheriff’s Office
By:
Name: Doug Darr
Title: Adams County Sheriff
Date:
Attest: ________________________________
Name: ________________________________
The Arapahoe County Sheriff’s Office
By:
Name: David C. Walcher
Title: Arapahoe County Sheriff
Date:
Attest: ________________________________
Name: ________________________________
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 12 of 16
The City of Aurora
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
The Colorado Department of Public Safety
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 13 of 16
The City of Colorado Springs
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
The City of Commerce City
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 14 of 16
The City and County of Denver
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
The Douglas County Sheriff’s Office
By:
Name: David Weaver
Title: Douglas County Sheriff
Date:
Attest: ________________________________
Name: ________________________________
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 15 of 16
The City of Grand Junction
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
The Board of County Commissioners of the County of Jefferson
By:
Name:
Title:
Date:
Attest: ________________________________
Name: ________________________________
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
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Attachment1: Exhibit A (2109 : Colorado Informatoin Sharing Consortium RESO)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Jim Byrne, Police Lieutenant
SUBJECT
Resolution 2014-060 Authorizing the City Manager to Enter Into an Agreement With the Poudre School
District R-1 for the School Resource Officer Program.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental Agreement (IGA)
between the Poudre School District R-1 (District) and the City of Fort Collins, on behalf of Fort Collins Police
Services (FCPS) which updates, replaces and supersedes the previous IGA and continues the School
Resource Officer Program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The previous IGA between the City and the District had not been updated since 2004. Both FCPS and PSD agree
that the program has been very successful, and wanted to focus on updating language to conform with current
practices. The operational foundations of the program are basically unchanged, with the successful model of
SRO/Principal partnership remaining intact. Staffing selection, training, and supervision of the School Resource
Officer (SRO) Program remains within the purview of FCPS with input from PSD.
At the request of PSD, the program was increased by one SRO in 2014. This increase allowed for a SRO to be
assigned to each high school and middle school in the district. Coverage of elementary schools is provided by
SROs assigned to middle schools. The program now has eleven SROs and one sergeant. Any future growth will
likely require an additional police supervisor for the program.
In 2014 FCPS and PSD staff teamed up to provide training for over 130 school administrators in response to
critical incidents. The very successful training was developed and coordinated through the SRO staff and is
expected to be the foundation for annual training between FCPS and PSD staff.
For the last five years, SROs have averaged writing over 600 police reports annually. They are also formally
involved in mentoring partnerships, community outreach programs, crisis intervention, safety assessments, and
staff trainings. The current partner-based relationship used by FCPS and PSD to manage the SRO program is
recognized by others as a model for other agencies and districts.
The Intergovernmental Agreement was vetted by City staff, including the City Attorney’s Office. It was approved
unanimously by the PSD School Board on June 10, 2014.
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Agenda Item 15
Item # 15 Page 2
FINANCIAL / ECONOMIC IMPACTS
Funding for the operation of the SRO program is currently based on the base operating costs for each officer
and the supervisor. The rate is based on 225 operating days of the program, with SRO officers being solely
dedicated to FCPS operations for about 5 weeks during the summer of each year.
For the agreed upon 225 operating days that the officers are dedicated to SRO duties, PSD and FCPS split the
basic operating costs 50/50. The new contract allows for PSD to pay FCPS on a quarterly basis for services
provided in the previous quarter. This is a change from the 2004 IGA in which PSD paid annually for services
to be provided in the upcoming year. Such change was requested by PSD for business purposes and does not
impact FCPS operations or budgeting.
In the event that an SRO position is vacated, and FCPS is unable to immediately fill the vacancy, the amount
paid by PSD will be pro-rated.
The amount owed is subject to change annually, depending on FCPS personnel costs, and both parties agree
to update numbers annually to allow for those changes. For the current 2014/2015 year the cost per officer is
$124,572, and the cost for the sergeant is $146,687. Allowing for the 225 contractual days equates to PSD
paying FCPS approximately $57,653 annually per SRO and $66,291 for the sergeant. The Resolution
authorizes the City Manager to enter into up to four, one-year extensions to the term of the Agreement, which
extensions may include such modifications and additions as the City Manager determines necessary and
appropriate to protect the interests of the City or further the purpose of the Resolution.
Although the contract language has changed a little to accommodate current business practices, the
functionality and financial contribution shared by PSD and FCPS remains consistent with past agreements and
practices.
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RESOLUTION 2014-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
POUDRE SCHOOL DISTRICT R-1 FOR THE SCHOOL RESOURCE OFFICER PROGRAM
WHEREAS, effective July 6, 2004, the Poudre School District R-1 (the “District”) and
the City entered into an Intergovernmental Agreement (the “2004 IGA”) for The School
Resource Officer Program (the “Program”); and
WHEREAS, the goals of the program are to:
1. Provide a safe learning environment and help reduce school violence;
2. Improve school law enforcement collaboration; and
3. Improve perceptions and relations between students, staff and law enforcement
officials; and
WHEREAS, the District and the City both recognize that over the years, the program has
provided outstanding benefits for the citizens of the City, the District and particularly for the
students of the District’s schools located within the City; and
WHEREAS, the parties agree that it is in the best interests of the District, the City and the
citizens of the City for the District and the City to continue with the program; and
WHEREAS, the parties recommend updating the Agreement to conform to current
practices and to allow for pay on a quarterly basis as set forth in the proposed “Agreement
Between the Poudre School District R-1 and the City of Fort Collins for the School Resource
Officer Program” which is attached hereto as Exhibit “A” (the “Agreement”); and
WHEREAS, it is the intent of the District and the City that the Agreement replace and
supersede in all respects the 2004 IGA; and
WHEREAS, the term of the Agreement is for a period of one-year; and
WHEREAS, the District and the City may wish to amend the Agreement in the future to
address among other things, changes in current practices, funding and/or the addition of new
positions, or to extend the term of the Agreement with or without amendments for up to four
additional one-year terms.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Manager is hereby authorized to execute the Agreement in
substantially the form attached hereto as Exhibit “A,” together with such modifications and
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additions as the City Manager, in consultation with the City Attorney, determines necessary and
appropriate to protect the interests of the City or further the purposes of this Resolution.
Section 2. That the City Manager is hereby authorized to enter into up to four, one-
year extensions to the term of the Agreement, which extensions may include such modifications
and additions as the City Manager, in consultation with the City Attorney, determines necessary
and appropriate to protect the interests of the City or further the purpose of this Resolution,
including updated dollar amounts to reflect changes in related salaries, staff time and the number
of positions funded.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
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EXHIBIT A
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
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Attachment1: Exhibit A (2108 : School Resource Officer RESO)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Jill Stilwell, Cultural Services and Facilities Director
SUBJECT
Resolution 2014-061 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund
Grant Disbursements.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to disburse Fort
Fund grants to community events from the Cultural Development and Programming and Tourism Programming
Accounts.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Fund grant program, established in 1989, disburses funds from the City’s Cultural Development and
Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-
244 of the City Code, where 25% of the revenue from the lodging tax funds is applied to the Cultural
Development and Programming Account to support cultural events; an additional 5% of revenue from lodging
tax is dedicated to the Tourism Programming Account to support tourism events and activities. Local non-profit
organizations may apply to the Fort Fund for cultural and/or tourism event support. The City Council appointed
the Cultural Resources Board to review grant applications based on approved guidelines and make
recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 028, 1992 and
Section 2-203 (3) of the City Code.
Fort Fund grants support events that enrich the cultural life of the community, promote local heritage and
diversity, provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist
destination, have wide appeal for a significant part of the community, and promote the general welfare of the
City’s inhabitants.
Fort Fund consists of a three-tiered funding system:
Tier #1 was established as an annual programming tier for organizations whose primary purpose is to present
three or more public events annually. These groups may apply for funding from Tier #1 each April.
Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events. Applications
for support from Tier #2 are accepted each January and June.
The Cultural Innovation Tier #3 was established to further the goal of making Fort Collins a cultural center and
destination. The Cultural Innovation Tier #3 grants address a need in the cultural activity of Fort Collins,
perpetuate the Tourism Account by generating overnight stays in local hotels, and/or develop new arts,
cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic
growth. Organizations may apply for funding from the Cultural Innovation Tier #3 each April.
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Agenda Item 16
Item # 16 Page 2
June 2014 Funding Session
At its June 25, 2014 regular meeting, the Cultural Resources Board reviewed 24 Tier #2 applications, with total
requests equaling $81,150.
The following table summarizes the amount and sources of available funds in 2014:
FY 2014 AVAILABLE FUNDING
AMOUNT SOURCE
$215,973 FY 2014 Cultural Development and Programming Account (CDP)
$48,750 FY 2014 Tourism Programming Account (TP)
$46,969 Unspent Appropriations 2013 (CDP)
$36,923 Unanticipated Lodging Tax 2013 (CDP)
$1,592 Unspent Appropriations 2013 (TP)
$7,385 Unanticipated Lodging Tax 2013 (TP)
$357,319 Total Funding Available for 2014
FUNDS ALLOCATED TO June 2014 FUNDING SESSION
$61,719 Amount from Cultural Development and Programming Account (CDP)
$26,527 Amount from Tourism Programming Account (TP)
$88,246 Total amount allocated to June 2014 Session
25% % of Total FY2014 Funds allocated to June 2014 Session
The Cultural Resources Board scored each application using the Funding Criteria outlined in the Fort Fund
Guidelines (attached) and discussed each application at the June 25, 2014, meeting. The Board discussion is
outlined in the draft minutes (attached). The Board is recommending disbursement of $56,500 from the City’s
Cultural Development and Programming Account and $5,000 from the Tourism Programming Account, totaling
$61,600 to 24 applicants as outlined in Exhibit A to the Resolution. Of the total amount requested by
applicants, 76% is being recommended for funding from available funds.
The following table summarizes the utilization of funds from all sources.
Recommended Funding % of Total Category
$56,500 64% Cultural Development and Programming Account
$5,000 6% Tourism Account
$26,746 30% Unallocated
$88,246 100.0% Funds Allocated to April 2014 Session
The $26,746 of unallocated funds and the additional $36,923 of unanticipated 2013 Lodging Tax revenue will
be carried forward to the 2015 funding session.
FINANCIAL / ECONOMIC IMPACT
The Fort Fund grant program, established in 1989, disburses funds from the City’s Cultural Development and
Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244
of the City Code. This Resolution would distribute $56,500 from the Cultural Development and Programming
Account and $5,000 from the Tourism Programming Account to local non-profit organizations. Each
organization must provide funds to match the grant amount. These funds were budgeted and appropriated in
the 2014 budget.
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Agenda Item 16
Item # 16 Page 3
BOARD / COMMISSION RECOMMENDATION
The Cultural Resources Board (CRB) is presenting these recommendations to City Council on events that
should receive funding and the amounts from the available Cultural Development and Programming Account
and Tourism Programming Account.
Exhibit A to Resolution 2014-061 presents the allocations recommended by the CRB to the City Council for
Tier #2.
ATTACHMENTS
1. Fort Fund Guidelines (PDF)
2. Cultural Resources Board Draft Minutes, June 25, 2014 (PDF)
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The Cultural Development & Programming and Tourism Accounts (Fort Fund) is funded by an
allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board
of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins
City Council for final approval.
The objective of Fort Fund is to provide funds to foster, encourage, and promote 1) cultural
development and programming, and 2) economic and tourism development. The overarching
goal for Fort Fund is to serve as a catalyst in making Fort Collins a cultural center and
destination.
Fort Fund supports events that:
• Enrich the cultural life of the Fort Collins community
• Promote local heritage and diversity
• Provide opportunities for community members to participate in, create, learn from or
experience arts and culture
• Help to define Fort Collins as a destination for arts and culture
• Elevate the community and broaden perspectives
• Have wide appeal for a significant part of the community
• Promote the general welfare of the inhabitants of the City.
The following will not be considered for funding:
• Applications for funds solely to print brochures, magazines or promotional materials, or
for capital improvements.
• Any event in which the net proceeds or profit from the event is donated by the sponsor
to another organization and/or individual.
Funds will not be disbursed directly after each funding session. Organizations recommended for
grant monies by the Cultural Resources Board must first be approved by the City Council.
ATTACHMENT 1
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Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Funding Tiers & Application Deadlines
An organization and/or event may receive funding from one or more of the following three tiers
as described below. Specific application deadlines are listed immediately following each tier.
Requests must be for a minimum of $500. Funding is subject to the amount of available funds
per funding session. The Cultural Resources Board reserves the right to not fund an organization
if it does not fully meet the criteria.
Fort Fund will now only accept one application per organization per funding session.
Colorado State University organizations are required to submit their applications
through the Sponsored Programs Office.
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner at
(970) 221-6737.
TIER # 1: Annual Programming Fund
Organizations are eligible to apply for funding from Tier #1 if they meet the following criteria:
1. The primary purpose of the organization is to present three or more different public
performances, events or exhibits per year.
2. The organization has proven annual program success for three previous years.
Organizations that meet the criteria may apply for up to $15,000 per year (July 1 - June 30). The
organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having presented three or more performances, events, or
exhibits for three previous years; submit financial statements for the three most recently
completed fiscal years; provide a list of the organization's current Board of Directors, their
business/organizational affiliations, the date they were elected to the Board and their term limit
date; and submit a Tourism Impact form. Fort Fund will only accept one Tier #1 application per
organization per calendar year. Organizations that apply for this level of funding would have to
show that no more than 35% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #1: First Tuesday of April, 5:00 p.m.
Requests must be for a minimum of $500 and a maximum of $15,000
Request amount cannot exceed 35% of the total projected expenses
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Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
TIER # 2: Special Events Fund
Organizations that present event(s) may apply for up to $5,000 for a single event or series of
events per funding session. Events would have to be held within one year of the funding session.
Fort Fund will only accept one Tier #2 application per organization per funding session at which
Tier #2 applications are accepted. The organization must submit a financial statement from the
most recently completed fiscal year and submit a Tourism Impact form. Organizations funded
under Tier #1 could apply one time per calendar year for up to $5,000 under Tier 2, but the
event cannot also be funded under Tier 1. Organizations that apply for this level of funding would
have to show that no more than 50% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #2: First Tuesday of January, 5p.m.; First
Tuesday of June, 5p.m.
Requests must be for a minimum of $500 and a maximum of $5,000
Request amount cannot exceed 50% of the total event expenses
Cultural Innovation Fund (CIF) - Formerly Tier #4
Organizations are eligible to apply for up to $25,000 from the CIF if they seek funding for an
activity or event that will increase Fort Collins' identity as a cultural center and tourist destination.
The term 'activity' can mean event, projects, products, exhibits, festivals, programs, etc. and can
be in the area of arts, nature, heritage, recreation, science, and /or humanities. The event or
activity must meet the eligibility requirements and the strategies outlined below:
CIF Strategies: Proposals should address specific strategies to increase Fort Collins' identity as a
cultural center and tourism destination, resulting in at least one of the following benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have the
potential to impact Fort Collins cultural and economic growth.
These events or activities should enrich the cultural life available in the city because they will
serve as an attraction to visitors, represent new cultural offerings or can be described as unique,
innovative or inventive.
The organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having been in existence for at least three years; submit
financial statements for the three most recently completed fiscal years; provide a list of current
Board members; and submit a Tourism Impact form. CIF applicants may also be required to
present an oral presentation to the Cultural Resources Board.
Packet Pg. 207
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Fort Fund will only accept one CIF application per organization per calendar year. Request
amount cannot exceed 50% of the total activity expenses. Request amount requires a dollar-for-
dollar cash match. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match. Activities funded under the CIF shall
not be simultaneously funded under Tiers #2 of Fort Fund. CIF funded activities can only apply
for a maximum of three years and must compete each time.
Proposal Deadline for the CIF: First Tuesday of April, 5:00p.m.
Requests must be for a minimum of $500 and a maximum of $25,000
Request amount cannot exceed 50% of the total activity expenses
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner,
(970) 221-6737.
Packet Pg. 208
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Eligibility Requirements
Organizations chartered in Colorado with IRS non-profit status may submit an application for
consideration. Written proof of this status must accompany all applications. All organizations that
fall under the same IRS non-profit tax status will be considered the same unit for funding.
• For all Tiers, Fort Fund will only accept one application per organization per funding
session. Colorado State University organizations are required to submit their
applications through the Sponsored Programs office.
• Applications must be submitted on the forms provided at www.fcgov.com/fortfund and
must arrive at the Lincoln Center administration office by the date/time listed as the
deadline. Postmarks are not valid. Late applications will not be reviewed.
• Events must be held in Fort Collins or in the Fort Collins Growth Management Area.
• Events must be open to the general public and efforts must be made to advertise and
make the public aware of the opportunity to attend and/or participate in the event.
• Events or activities must provide a direct public benefit of a reasonably general character
to a significant number of City residents.
• Events may occur no earlier than 45 days after the application deadline.
• Events funded under Tier #1 must be completed by June 30th of the year following the
date of funding. Events funded under Tier #2 must be completed within one year of the
date of the funding session. Events funded under the CIF must be completed within 18
months of the funding session.
• The applicant organization must be in good standing with the Fort Fund program. The
applicant must not be delinquent on any previous mid-year or final Fort Fund reports;
must have used the new Fort Fund logo on promotional materials; and must have listed
the funded event on the Fort Collins Convention and Visitors Bureau website calendar.
Organizations not in good standing will not be considered for funding for one calendar
year.
• Religious, sectarian or faith-based organizations may apply for funding, but only for
events which are secular (non-religious) in nature. Fort Fund money may not be used for
events that promote religion.
• Fort Fund does not consider applications for funds solely to print brochures, magazines
or promotional materials, or for general operating support or capital improvements.
Additional Eligibility Requirements for Tier #1 and the CIF:
• The organization must have and submit an officially adopted mission statement
expressing their primary purpose.
• The organization has been in existence for a minimum of three years, and provides
financial statements for the previous three completed fiscal years prior to the application
date.
• For Tier #1, the organization must show evidence of having presented three or more
performances, events, or exhibits for three previous years.
Packet Pg. 209
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Criteria For Funding
The following criteria are used by the Cultural Resourced Board to evaluate applications that have
met all the eligibility requirements. Funding is based on how well an event or activity meets
these criteria. Funding is subject to the amount of available funds per funding session. The
Cultural Resources Board reserves the right to not fund an organization if it does not fully meet
the criteria.
Fort Fund supports events that:
1. Are of the highest quality;
2. Bring awareness of the arts to the local community;
3. Aspire to bring regional and national recognition to Fort Collins;
4. Are engaging and innovative and/or original;
5. Build a wide range of arts and culture offerings;
6. Raise arts and culture quality and participation to a new level;
7. Have an impact on the community economically, culturally or both;
8. Present strong evidence of leveraging other funding sources;
All applicants are required to submit the Tourism Impact form. The information provided on the
form will be reviewed as part of the application.
Packet Pg. 210
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Grant Requirements
Organizations applying for Tier #1 funding cannot apply for more than 35% of their total
projected annual expenses. Organizations applying for funding from Tier #2 may request funding
for no more than 50% of the total projected expenses for any event. Organizations applying for
the CIF cannot apply for more than 50% of their total projected expenses.
• The amount requested under Tiers #1 and #2 must be matched with either cash or a
combination of cash and in-kind services. At least one-half of the matching funds must
be cash. For example, if an event is projected to cost $2,000, the amount requested from
Fort Fund may not exceed $1,000. A $1,000 request would have to be matched with
either $1,000 in projected cash revenues or at least $500 in cash and no more than $500
of in-kind services. The CIF requires the requested amount be matched dollar-for-dollar
in cash. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match for the CIF.
• Contracts for services with the City of Fort Collins must be signed prior to the issuance of
funds.
• All funds must be used for direct costs of the event(s) within the time frame as required
by contract, or returned immediately to the Cultural Development and Programming
Account. If the event changes significantly, the Cultural Resources Board must be
notified in writing. Funding for the event may be re-evaluated at that time.
• Organizations that receive funding must recognize the support of the City. All publicity
and advertisements (including posters, programs, banners, flyers, newspaper ads and
postcards) of the funded event must include the City's Fort Fund logo. If there is no
printed material, a Fort Fund banner must be exhibited at the event. Organizations must
also list the funded event on the Fort Collins Convention and Visitors Bureau website
calendar at www.visitftcollins.com/events.
• Organizations funded under Tier #1 must submit a financial mid-year and annual report
by the date required in their contract. Organizations funded under Tier #2 and the CIF
must submit a written report within sixty (60) days of the completion of an event. These
reports, which evaluate estimated attendance, promotional materials, in-kind services,
actual cash expenses and actual revenues must be submitted to the Cultural Resources
Board through the Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy. Records
of the event need to be available for inspection upon request of the Cultural Resources
Board. If the financial reports are not completed as required by contract, your
organization's future funding may be effected. All organizations must provide a final
report for previously granted funds before the contract for any new funding will be
processed.
• A member of the Cultural Resources Board may be assigned to each event to act as a
liaison between funded organizations and the Board. If tickets are required for admission
to an event and are not extended to the liaison as a courtesy, tickets will be purchased
from the Cultural Development and Programming Account.
• If the activity or event changes significantly from what was proposed in the original
application, including date, location, or content, the organization must notify the Cultural
Resources Board in writing at 417 W. Magnolia St., Fort Collins, CO 80521. Funding, even
if already distributed, may be reevaluated at that time.
Packet Pg. 211
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
FORT FUND OVERVIEW
Fort Fund, the City of Fort Collins’ Cultural Development & Programming and Tourism
Accounts, is funded by an allocation of the lodging tax revenues collected within the city
limits of Fort Collins. Applications are reviewed three times a year by the City of Fort
Collins Cultural Resources Board and recommendations for funding are submitted to the
Fort Collins City Council for final approval.
The objective of Fort Fund is to foster, encourage, and promote cultural and/or tourism
activities in Fort Collins.
Fort Fund offers three tiers. Tiers 1 and 2 primarily fund events that are artistic, ethnic,
historic, educational or recreational in nature and reflect the values and traditions of Fort
Collins. Events of this type will have wide appeal for a significant part of the
community, thereby advancing the good of all. The resulting economic and noneconomic
benefits of these events will promote the general welfare of the inhabitants of
Fort Collins.
FORT FUND (FORMERLY TIER 4)
CULTURAL INNOVATION FUND
The Cultural Innovation Fund embodies the above, and is primarily focused on activities that will
increase Fort Collins’ identity as a cultural center and tourist destination. The term
“activity” can mean events, projects, products, exhibits, festivals, programs, etc. These activities
can be in the area of arts, nature, heritage, recreation, science, and/or humanities and shall be
designed to develop new arts, culture or heritage tourism activities and products that have the
potential to impact Fort Collins’ economic and cultural growth and perpetuate the Tourism Fund
by generating over night stays in the city’s hotels and lodges. These activities should enrich the
cultural life available in the city because they will serve as an attraction to visitors, represent new
cultural offerings or can be described as unique, innovative or inventive. The activities should be
designed to meet the strategies and criteria as listed below.
CIF ELIGIBILITY REQUIREMENTS:
1. The applicant organization must be a non-profit organization, or the governmental
equivalent. Written proof of this status must accompany all applications. All
organizations that fall under the same IRS non profit tax status will be considered the
same unit for funding.
2. The organization has an officially adopted mission statement expressing their
primary purpose.
3. The organization has been in existence for a minimum of three years.
4. The organization can provide financial statements for the previous three
completed fiscal years from their application date.
5. Activities funded under the CIF shall not be simultaneously funded under Tier 2
of Fort Fund.
6. Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
7. Applicants must submit a completed Tourism Impact form with their application.
8. Activities must be held in Fort Collins or in such other location as will accomplish
the CIF strategies.
9. The activities may not commence prior to thirty days following the funding
session date (funding session is the fourth Wednesday of April).
Packet Pg. 212
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
10. Activities funded under the CIF must be completed within 18 months of the funding
session date (the fourth Wednesday of April).
11. Activities must benefit and be accessible and/or open to the general public.
12. Religious, sectarian or ‘faith-based’ organizations may apply for funding for
activities which are secular (non-religious) in nature. Fort Fund monies
may not be used to promote religion.
13. Activities must provide a direct public benefit of reasonably general character to a
significant number of Fort Collins’ residents and meet the strategies as outlined
below.
STRATEGIES:
Proposals should address specific strategies to increase Fort Collins’ identity as a
cultural center and tourism destination, resulting in at least two of the following
benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have
the potential to impact Fort Collins cultural and economic growth.
Fort Fund will not fund capital improvements or projects, or any activity in which the
net profit or proceeds from the activity is donated by the sponsor to another
organization and/or individual.
CIF GRANT REQUEST AMOUNT
• Maximum Request Amount: $25,000 (a higher amount may be considered)
• Minimum Request Amount: $500
• Funding is subject to the amount available per funding session. The Cultural
Resources Board reserves the right to not fund any organization if it does not
fully meet the criteria.
• Request amount cannot exceed 50% of the total activity expenses.
• Request amount requires a dollar-for-dollar cash match.
• In-kind contributions may not be used in calculating the organization’s match.
• Fort Fund monies, from current or previous funding sessions, may not be used in
calculating the organization’s match.
• Activities funded under the CIF cannot be simultaneously funded under Tier 2
of Fort fund.
• Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
CIF APPLICATIONS DUE: First Tuesday of April by 5:00 p.m.
To the Lincoln Center Administration Office
417 West Magnolia Street, Fort Collins
LATE APPLICATIONS WILL NOT BE ACCEPTED
Packet Pg. 213
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Notification of Award: The Cultural Resources Board will review applications on the
fourth Wednesday of April, provide a recommendation for funding to City Council, who
will then approve the recommendation at a regularly scheduled Council meeting in May.
Applicants will be notified by mail after the Council meeting.
GRANT AWARD REQUIREMENTS
• Contracts for services with the City of Fort Collins must be signed prior to the
issuance of funds. The funds must be spent on the activity within 18 months of the
funding session.
• All funds must be used for direct costs of the activity within the time frame as
required by contract, or returned immediately to the Cultural Development and
Programming Account.
• If the activity changes significantly, the Cultural Resources Board must be notified
in writing. Funding, even if already distributed to the organization, may be re-evaluated
at that time.
• Organizations that receive funding must recognize the support of the City. All
publicity and advertisement of the funded activity must include the Fort Fund
logo. Downloadable images are available on the Fort Fund website at
www.fcgov.com/fortfund and a Fort Fund banner to exhibit at the activity is available through
the Lincoln Center Administration Office. Organizations must also list the funded activity on
the Fort Collins Convention and Visitors Bureau website calendar at
www.visitftcollins.com/events.
• Organizations funded under the CIF must submit a written report within sixty (60)
days of the completion of an activity. These reports, which evaluate estimated
attendance, promotional materials, in-kind services, actual cash expenses and
actual revenues, must be submitted to the Cultural Resources Board through the
Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy.
Records of the activity need to be available for inspection upon request of the
Cultural Resources Board.
• A member of the Cultural Resources Board may be assigned to each organization
receiving a CIF Grant to act as liaison between funded organizations and the
Board. If tickets are required for admission to an activity and are not extended to the
liaison as a courtesy, tickets will be then purchased from the Cultural Development and
Programming Account.
Packet Pg. 214
Attachment16.1: Fort Fund Guidelines (2123 : Fort Fund June 2014)
Cultural Resources Board
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.221-6735
970.221-6373 – fax
.
DRAFT
CULTURAL RESOURCES BOARD MINUTES
Regular Meeting – Wednesday, June 25, 2014
5:00 p.m.
Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521
Council Liaison: Wade Troxell Staff Liaison: Jill Stilwell
Chairperson: Maggie Dennis Phone: 590-3790 (cell)
Vice-Chair: Chris Clemmer
A regular meeting of the Cultural Resources Board was held on Tuesday, June 25, 2014 at 5:00 p.m.
The following members were present:
Board Members present: Janet Gilligan, Maggie Dennis, Jesse Solomon
Francisco Gutierrez, Tedi Cox, Chris Clemmer
Board Members absent: none
Staff Members present: Jill Stilwell, Gail Budner
Guests Present: Katy Schneider, Visit Fort Collins
I. Call to Order: p.m. – 5:11 Ms. Dennis
II. Consideration of agenda/Hot Topics: none
III. Consideration and approval of the minutes from May 29, 2014.
Ms. Gilligan made a motion to accept the minutes as amended.
Mr. Solomon seconded the motion.
The motion passed unanimously.
IV. Public input: None
V. Fort Fund - Discussion and funding recommendations:
Prior to reviewing and awarding grant monies to the Fort Fund Tier 2 applicants, the Board
discussed the eligibility and the quality of the applications and the available budget for this
session. The Board then reviewed 24 applications and developed their recommendations for
funding as outlined below and on the attached spreadsheet. Ms. Dennis disclosed her conflict of
interest and abstained from scoring and deliberating on the Poudre Landmarks Foundation, Inc.
and the Poudre River Public Library application. Mr. Solomon disclosed his conflict of
interest and abstained from scoring and deliberating on the HalfMoon Arts application.
ARCINDA: JAVA & Indonesian Gamelan Music, Songs and Dance
Location and Date: CSU International House; September 12, 2014
Amount Requested: $1,000 Amount Recommended: $500
BAS BLEU THEATRE COMPANY: 2014-2015 Readers’ Theatre Series
Location and Date: Bas Bleu Theatre Company; September 2014 – June 2015
ATTACHMENT 2
Packet Pg. 215
Attachment16.2: Cultural Resources Board Draft Minutes, June 25, 2014 (2123 : Fort Fund June 2014)
Amount Requested: $5,000 Amount
Recommended: $4,000
CANYON CONCERT BALLET: Dancing with the Stars of Fort Collins 2015
Location and Date: The Agave Room; February 21, 2015
Amount Requested: $750 Amount Recommended: $750
CENTER FOR FINE ART PHOTOGRAPHY: Shootapalooza
Location and Date: The Center of Fine Art Photography; October 3-10, 2014
Amount Requested: $3,000 Amount Recommended: $2,000
DISABLED RESOURCE SERVICES: Colorado Person-First Festival
Location and Date: Civic Center Park, September 13, 2014
Amount Requested: $1,000 Amount Recommended: $1,000
ETHOS WEST CHAMBER MUSIC: The Colorado of Jazz – Gardens Concert
Location and Date: The Gardens on Spring Creek; August 24, 2014
Amount Requested: $900 Amount Recommended: $900
FORT COLLINS CHILDREN’S THEATRE: Fall Production
Location and Date: Lincoln Center Performance Hall; November 21-23, 2014
Amount Requested: $5,000 Amount Recommended: $5,000
FORT COLLINS FIGURE SKATING CLUB: 2015 Southwestern Regional Figure Skating
Championships and 2014 Southwestern Nine States Championships
Location and Date: Edora Pool & Ice Center; October 16-21, 2014
Amount Requested: $5,000 Amount Recommended: $5,000
FORT COLLINS MUSEUM OF ART: Marilyn: Celebrating an American Icon Exhibition
Location and Date: Fort Collins Museum of Art; November 1 – December 27, 2014
Amount Requested: $5,000 Amount Recommended: $5,000
FORT COLLINS MUSEUM OF DISCOVERY: FCMoD’s Discovery DASH!
Location and Date: Fort Collins Museum of Discovery; September 13, 2014
Amount Requested: $5,000 Amount Recommended: $3,000
FORT COLLINS PUBLIC ACCESS NETWORK: Downtown FC Historical Video Project
Location and Date: Downtown Fort Collins; Week-ends in July, August or September, 2014
Amount Requested: $2,000 Amount Recommended: $500
FORT COLLINS SYMPHONY ASSOCIATION: Outside the Box 2014-2015 Series
Location and Date: 4 local venues; October 5, 2014 – March 26, 2015
Amount Requested: $5,000 Amount Recommended: $5,000
FORT COLLINS SYMPHONY GUILD: 2015 Musical Zoo
Location and Date: Timberline Church; February 15, 2015
Amount Requested: $5,000 Amount Recommended: $5,000
FRIENDS OF LARIMER COUNTY OPEN LANDS: NoCo Nature Festival
Location and Date: Nix Farm Natural Areas Department Headquarters; September 27, 2014
March 29 and May 24, 2014
Amount Requested: $3,000 Amount Recommended: $2,000
Packet Pg. 216
Attachment16.2: Cultural Resources Board Draft Minutes, June 25, 2014 (2123 : Fort Fund June 2014)
GLBT COMMUNITY CENTER OF COLORADO: Fort Collins Pride-Fest 2014
Location: Avogadro’s Number, September 27-28, 2014
Amount Requested: $1,500 Amount Recommended: $750
GELLER CENTER: Xaniscape
Location and Date: Geller Center Lawn; September 13, 2014
Amount Requested: $3,500 Amount Recommended: $2,000
HALFMOON ARTS: Music in the Gallery
Location and Date: Community Creative Center, Carnegie Building; August 23, 2014
Amount Requested: $3,000 Amount Recommended: $1,500
HIGH PERFORMANCE DANCE THEATRE: Shimmy & Shakes / New Visions Dance
Competition 2015
Location and Date: Lincoln Center Magnolia Theatre; October 10-11, 2014 / February 6-7, 2015
Amount Requested: $4,000 Amount Recommended: $2,500
HORSETOOTH PRODUCTIONS: Fort Collins Fringe Festival
Location and Date: Community Creative Center, Carnegie Building; September 5-6, 2014
Amount Requested: $1,000 Amount Recommended: $700
NOCO CHAPTER OF THE COLORADO ARCHAEOLOGICAL SOCIETY: Lindenmeier
Symposium
Location and Date; Northside Aztlan Center; Fort Collins Museum of Discovery; Soapstone Prairie
Natural Areas; October 19-22, 2014
Amount Requested: $5,000 Amount Recommended: $4,000
OPERA FORT COLLINS GUILD: Songs in Summer
Location and Date: The Hixon Residence; August 7, 2014
Amount Requested: $1,500 Amount Recommended: $1,500
POUDRE LANDMARKS FOUNDATION, INC: Time Travelers Ball: Celebrating the 150th
Anniversary of Fort Collins
Location and Date: Fort Collins Masonic Temple; October 18, 2014
July 25 - November 21, 2014
Amount Requested: $5,000 Amount Recommended: $3,500
POUDRE RIVER PUBLIC LIBRARY DISTRICT: Authors Alive!
Location and Date: Local Libraries and the Hilton Fort Collins; September 2014 – April 2015
Amount Requested: $5,000 Amount Recommended: $5,000
SPOKESBUZZ FORT COLLINS: SpokesBUZZ 5th Annual CD Release
Location and Date: Hodi’s Half Note; December 2014
Amount Requested: $5,000 Amount Recommended: $500
Packet Pg. 217
Attachment16.2: Cultural Resources Board Draft Minutes, June 25, 2014 (2123 : Fort Fund June 2014)
Total Funding Requested by Applicants: $81,150
Total Funding Recommended for disbursement by CRB: $61,600
Total Unfunded Balance: $19,550
% of Requests Funded: 76%
Ms. Gilligan made a motion to submit these recommendations for Fort Fund disbursements to
City Council for their approval.
Mr. Solomon seconded the motion.
The motion passed unanimously.
Liaisons will be assigned by the Board for recently funded events at the scheduled meeting in
July.
VI. Other Business:
The Board requested that the meeting next month be moved up a week from July 31st to
July 24th. The time and room will remain the same. Ms. Budner will amend the date on the
City’s Boards and Commissions website.
VII. Adjournment: 6:47 p.m.
Respectfully submitted,
Gail Budner
Administrative Clerk II
Packet Pg. 218
Attachment16.2: Cultural Resources Board Draft Minutes, June 25, 2014 (2123 : Fort Fund June 2014)
- 1 -
RESOLUTION 2014-061
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE RECOMMENDATIONS OF THE CULTURAL RESOURCES BOARD
REGARDING FORT FUND GRANT DISBURSEMENTS
WHEREAS, the City disburses funds from the City’s Cultural Development and
Programming Account and Tourism Programming Account in accordance with Section 25-244
of the City Code through its Fort Fund Program; and
WHEREAS, the City’s Cultural Resources Board reviews applications from the
community for Fort Fund monies and makes recommendations to the City Council in accordance
with Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for
the Fort Fund program (the “Fort Fund Guidelines”); and
WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural
Development and Programming Account was established for the purpose of funding cultural
development and programming activities, and the Tourism Programming Account was
established for the purpose of funding tourist-related special events; and
WHEREAS, at its regular meeting on June 25, 2014, the Cultural Resources Board
recommended funding for various proposals as set forth on Exhibit “A”, attached hereto and
incorporated herein by this reference, based upon the criteria and considerations set forth in
Section 2-203 of the City Code and the Fort Fund Guidelines; and
WHEREAS, the proposals recommended by the Cultural Resources Board provide a
public benefit to the Fort Collins community by supporting cultural development and
programming activities within the City and promoting the use of public accommodations within
the City; and
WHEREAS, the City Council wishes to adopt the recommendations of the Cultural
Resources Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the distribution of funds through
the Fort Fund program, as recommended by the Cultural Resources Board on June 25, 2014,
serves a public purpose that benefits the community.
Section 2. That funds in the total amount of FIFTY SIX THOUSAND FIVE
HUNDRED DOLLARS ($56,500) in the City’s Cultural Development and Programming
Account and FIVE THOUSAND DOLLARS ($5,000) in the Tourism Programming Account,
are hereby approved for distribution in accordance with the recommendations of the Cultural
Resources Board as set forth on Exhibit “A”.
Packet Pg. 219
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Packet Pg. 220
EXHIBIT A
FORT FUND GRANT PROGRAM
June 2014
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
ARCINDA JAVA & Indonesian Gamelan Music
Location: CSU International House September 12, 2014
This event showcases a highlight of Indonesia as a part of Asian culture and presents a collaboration $1,000 $500 $0 $500 50%
between their tratitional and modern music.
Bas Bleu Theatre Company 2014-2015 Readers' Theatre Series
Location: Bas Bleu Theatre Company September 2014 - June 2015
The Reader's Theatre series is unique to the area, allowing the audience to re-discover the imaginative $5,000 $4,000 $0 $1,000 80%
thrill of 'seeing' a play by hearing it skillfully read.
Canyon Concert Ballet Dancing with the Stars Fort Collins 2015
Location: The Agave Room February 21, 2015
This event will feature performances by local 'celebrities' and their professional dance partners. $750 $750 $0 $0 100%
Center for Fine Art Photography Shootapalooza
Location: The Center of Fine Art Photography October 3-10, 2014
Shootapalooza is a week long photography festival that highlights the work of alternative / historic process $3,000 $2,000 $0 $1,000 67%
artists.
Disabled Resource Services Colorado Person-First Festival
Location: Civic Center Park September 13, 2014
This event consists of a parade followed by an outdoor music festival affirming the value of people with $1,000 $1,000 $0 $0 100%
disabilities.
Ethos West Chamber Orchestra The Colors of Jazz - Gardens Concert
Location: The Gardens on Spring Creek August 24, 2014
Ethos West is joining with the Gardens on Spring Creek to present an evening outdoor concert, featuring $900 $900 $0 $0 100%
jazz musicians.
Fort Collins Childre's Theatre Fall Production
Location: Lincoln Center Performance Hall November 21-23, 2014
This production features a fully staged musical, a professional staff, talented young and experienced adult $5,000 $5,000 $0 $0 100%
actors, and a live orchestra appealing to families with children of all ages
Fort Collins Figure Skating Club 2015 SW Regional Skating Championships
Location: Edora Pool & Ice Center 2014 SW Nine States Championships
October 16-21, 2014
The first 'qualifying' event will provide an opportunity to watch a high level of figure skating. The 'non-qualifying' $5,000 $0 $5,000 $0 100%
competition will also bring quality skaters to the area, giving them the opportunity to compete on a regional level.
Fort Collins Museum of Art Marilyn: Celebrating an American Icon Exhibit
CULTURAL RESOURCES BOARD
RECOMMENDATION
Fort Fund Tier 2: Special Events Fund
Packet Pg. 221
Attachment1: Exhibit A (2151 : Fort Fund June 2014-RESOLUTION)
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
CULTURAL RESOURCES BOARD
RECOMMENDATION
Location: Fort Collins Museum of Art November 1 - December 27, 2014
Featuring more than 100 paintings, photographs and videos of the starlet by more than 50 artists, the exhibition $5,000 $5,000 $0 $0 100%
examines the imageof Marilyn Monroe that still electrifies the world half a century after her death.
Fort Collins Museum of Discovery FCMoD's Discovery DASH!
Location: Fort Collins Museum of Discovery September 13, 2014
Discovery DASH! is a costumed, team-based scavenger hunt and triva contest held at the Museum & throughout $5,000 $3,000 $0 $2,000 60%
Old Town with elements of the Amazing Race, trivia questions and a barbeque in the Musuem's back yard.
Fort Collins Public Access Network Downtown FC Historical Video Project
Location: Downtown Fort Collins Week-ends in July, August or September
This project would chronicle the history of downtown Fort Collins during the 1800's and focus on the historical $2,000 $500 $0 $1,500 25%
buildings, the railroad, and some interesting 'founding fathers.'
Fort Collins Symphony Association Outside the Box 2014-2015 Series
Location: 4 Local Venues October 5, 2014 - March 26, 2015
Outside the Box is now an established series of events sponsored by the Symphony that are specifically $5,000 $5,000 $0 $0 100%
designed to introduce classical music to diverse audiences in our community.
Fort Collins Symphony Guild 2015 Musical Zoo
Location: Timberline Church February 15, 2015
Guests will experience a program with a carnival-like atmosphere brimming with a large variety of musical artists. $5,000 $5,000 $0 $0 100%
Patrons, ranging from the community's very youngest to it's very oldest, can try out the instruments of their choice.
Friends of Larimer County Open Lands NoCo Nature Festival
Location: Nix Farm Natural Areas Dept. Headquarters September 27, 2014
The festival is a free day of fun and learning opportunities celebrating the local environment and wildlife. $3,000 $2,000 $0 $1,000 67%
GLBT Community Center of Colorado Fort Collins PrideFest 2014
Location: Avogadro's Number September 27-28, 2014
This event will feature live entertainment, including musical, comedy and drag performances and family-friendly $1,500 $750 $0 $750 50%
activities to celebrate and promote the heritage and culture of the GLBT community in Northern Colorado.
Geller Center Xaniscape
Location: Geller Center Lawn September 13, 2014
Local bands and musicians of diverse genres - representing the whole of the Fort Collins community - perform $3,500 $2,000 $0 $1,500 57%
throughout the day at an outdoor concert. Pariticipation is encouraged.
Halfmoon Arts Music in the Gallery
Location: Community Creative Center August 23, 2014
This musical performance event will feature local Colorado junior high and high school youth performing blue $3,000 $1,500 $0 $1,500 50%
grass, folk, classical and pop music while spotlighting and encouraging youth participation in the arts.
High Performance Dance Theatre Shimmy & Shakes / New Visions Competition 2015
Location: Lincoln Center Magnolia Theatre October 10-11, 2014 & February 6-7, 2015
Shimmy & Shakes is inspired by great musical artists and dances from the 50's through today. The Dance $4,000 $2,500 $0 $1,500 63%
Competition will showcase dancers from age 6-18 years old, giving them a chance to perform in front of judges.
Horsetooth Productions Fort Collins Fringe Festival
Packet Pg. 222
Attachment1: Exhibit A (2151 : Fort Fund June 2014-RESOLUTION)
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
CULTURAL RESOURCES BOARD
RECOMMENDATION
Location: Community Creative Center/Carnegie Bldg. September 5-6, 2014
Fringe' is theatre that is off the beaten path and gives a fresh, new opportunity to performing artists, writers, $1,000 $700 $0 $300 70%
directors, audiences, local businesses and organizations to collaborate, explore and present new work.
NOCO Chapter of the Colorado Lindenmeier Symposium
Archaeological Society October 19-22, 2014
Location: Northside Aztlan Center; FC Museum of Discovery; Soapstone Prairie Natural Areas
This four day symposium is honoring the 8th anniversary of the first Smithsonian archaeologist's visit to $5,000 $4,000 $0 $1,000 80%
Lindenmeir, one of the most significant Ice Age American Indian sites in North America.
Opera Fort Collins Guild Songs in Summer
Location: The Hixon Residence August 7, 2014
Featured artists will take the stage in a garden setting along with a trio of younger singers during a time of year $1,500 $1,500 $0 $0 100%
when the community offers many musical opportunities but none of the semi-classical variety.
Poudre Landmarks Foundation, Inc. Time Travelers Ball: Celebrating the
Location: Fort Collins Masonic Temple 150th Anniversary of Fort Collins
October 18, 2014
This event will focus community attention on the 150th anniversary of Fort Collins. Local history will be $5,000 $3,500 $0 $1,500 70%
celebrated throughout this fundraising event.
Poudre River Public Library District Authors Alive!
Location: Local libraries and the Hilton Fort Collins September 2014 - April 2015
Authors Alive! will bring under one umbrella the many author and literary programs sponsored or co-sponsored $5,000 $5,000 $0 $0 100%
by the Library District. Presentations include discussions of an author's latest work and their writing process.
SpokesBUZZ Fort Collins SpokesBUZZ 5th Annual CD Release
Location: Hodi's Half Note December 2014
The event is a showcase of all of the talent from the class of 2015 bands. Twelve bands will perform 3-song sets $5,000 $500 $0 $4,500 10%
selected to give the patrons a connetion to their style.
Total Funding Requested by Applicants $81,150
Total Funding Recommended for disbursement by CRB $56,600 $5,000
Total Unfunded Balance $19,550
% of Requested Amounts Funded 76%
Scores are based on application materials and Fort Fund's "Criteria for Funding."
Packet Pg. 223
Attachment1: Exhibit A (2151 : Fort Fund June 2014-RESOLUTION)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Resolution 2014-062 Making Appointments to Various Boards and Commissions of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to make appointments to various boards and commissions created through
resignations or unfulfilled during the annual recruitment process.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes nine appointments to seven boards and commissions to fill current vacancies which
currently exist with terms to begin immediately. Names of those individuals recommended to fill current
vacancies have been inserted in the Resolution with the expiration date following the names.
Packet Pg. 224
- 1 -
RESOLUTION 2014-062
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS
BOARDS AND COMMISSIONS
OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on various boards, commissions, and authorities of
the City due to resignations by board members or positions unfulfilled at the time of term
expirations.
WHEREAS, the City Council desires to make appointments to fill the vacancies which
exist on the various boards, commissions, and authorities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
That the following named persons are hereby appointed to fill current vacancies on the
boards and commissions hereinafter indicated, with terms to begin immediately and to expire as
set forth after each name:
Air Quality Advisory Board Expiration of Term
Gregory Miller December 31, 2017
Art in Public Places Board
Renee Sherman December 31, 2015
Carol Ann Hixon December 31, 2017
Citizen Review Board
Dennis Hanno December 31, 2016
Senior Advisory Board
Patricia Housley December 31, 2016
Suzanne King December 31, 2017
Transportation Board Expiration of Term
Gary Thomas December 31, 2015
Water Board
Alex Maas December 31, 2016
Packet Pg. 225
- 2 -
Women’s Commission
Heather Zoccali December 31, 2015
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Packet Pg. 226
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Clark Mapes, City Planner
SUBJECT
Second Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Harmony/I-25 Rezoning.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on July 1, 2014 by a vote of 6-0 (Campana recused), rezones 264
acres located at the southwest corner of Harmony Road and Interstate 25 from Transition (T) to Harmony
Corridor (H-C) and Rural Lands (R-U-L), in accordance with the Comprehensive Plan (City Plan).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 095, 2014 (PDF)
Packet Pg. 227
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Clark Mapes, City Planner
SUBJECT
First Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Harmony/I-25 Rezoning.
EXECUTIVE SUMMARY
The purpose of this item is to rezone 264 acres located at the southwest corner of Harmony Road and
Interstate 25 from Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-L), in accordance with the
Comprehensive Plan (City Plan).
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The property was annexed and zoned on October 6, 2009 as the Riverwalk Annexation. The property was
held in the T, Transition zone district at the time of annexation, as the former owner was continuing to explore
possible alternative land use and zoning concepts.
The T zone is a holding zone for properties where there are no specific or imminent plans for development. No
additional development is permitted in the zone. It is typically used to allow property owners and the City to
consider zoning alternatives while the property is held in the T zone.
Any rezone request for property in the T zone is treated differently than other rezone requests, because the T
zone specifies requirements for the City to process the request quickly. Section 4.12(B)(2) of the Land Use
Code states:
“The owner of any property in the T District may at any time petition the City to remove the property
from this zone district and place it in another zone district. Unless the following time limitations are
waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be
considered at the next regular meeting of such board which is scheduled at least thirty (30) days from
the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is
considered by the Board, the City Council shall change the zoning for the property in question to
another zone district authorized under this Article.”
The current request was received April 4, 2014; the Planning and Zoning Board considered the item at its May
8 Hearing. The Board forwarded a recommendation of approval to City Council, on the Board’s consent
agenda.
Typically, requests to rezone property out of the T zone into zone districts that are in accordance with the City
Structure Plan, are routine procedural matters.
ATTACHMENT 1
Packet Pg. 228
Attachment18.1: First Reading Agenda Item Summary (w/o attachments) (2139 : SR 095 Harmony/I-25 Rezoning)
Agenda Item 13
Item # 13 Page 2
Subject Area
The subject area extends one mile southward from Harmony Road to Kechter Road, and ½ mile westward
from Interstate 25 to Strauss Cabin Road. This area is divided into a north half and a south half for zoning
purposes.
The adopted Harmony Corridor Plan provides policy guidance for land use in the north half of the subject area.
It shows a land use designation of “Basic Industrial Non-Retail Employment Activity Center”, which is a specific
designation that is implemented by H-C, Harmony Corridor zoning; thus, the requested zoning is consistent
with the plan. The Harmony Corridor Plan further describes this area as a community gateway with special
opportunities to emphasize the Poudre River valley landscape setting in any future land use and development.
This policy guidance from the Harmony Corridor Plan is reflected in City Plan, with its map of future land uses
called the City Structure Plan. The specific terminology on the City Structure Plan map is slightly different from
the Harmony Corridor Plan, but the meaning of the designations is consistent.
City Plan provides the policy guidance for land use in the south half of the subject area. The City Structure
Plan shows a designation of Rural Lands, to which the requested zoning corresponds.
FINANCIAL / ECONOMIC IMPACTS
Staff finds no direct financial or economic impacts resulting from the requested rezoning.
The rezoning would implement the Harmony Corridor Plan and City Plan, which both reflect community
consideration of economic issues as part of balanced comprehensive planning.
ENVIRONMENTAL IMPACTS
The physical environment will not be directly impacted by the requested rezoning. Rezoning will enable
ensuing submittal of development applications, and development plans are required to comply with Land Use
Code standards for development, including Environmental and Natural Area Protection standards to address
potential environmental impacts.
BOARD / COMMISSION RECOMMENDATION
On May 8, 2014, the Planning and Zoning Board voted unanimously to support a recommendation to City
Council to approve the proposed rezoning. The recommendation was part of the Planning and Zoning Board
Consent Calendar and was not discussed.
PUBLIC OUTREACH
No neighborhood meeting was required for this rezoning. No known controversy or neighborhood impacts are
involved with the rezoning. Any subsequent development applications are required to comply with Land Use
Code standards for public involvement in development review.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Harmony Corridor Plan Map (PDF)
3. Structure Plan Map (PDF)
4. Proposed Zoning Map (PDF)
5. Existing T Zoning Map (PDF)
Packet Pg. 229
Attachment18.1: First Reading Agenda Item Summary (w/o attachments) (2139 : SR 095 Harmony/I-25 Rezoning)
- 1 -
ORDINANCE NO. 095, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE HARMONY/I-25 REZONING
WHEREAS, Division 1.3 of the Land Use Code of the City establishes the Zoning Map
and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City establishes procedures and
criteria for reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
rezoning of the property that is the subject of this Ordinance, and has determined that said
property should be rezoned as hereafter provided; and
WHEREAS, the City Council has further determined that the proposed rezoning is
consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within
the neighborhood surrounding and including the subject property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
rezoning against the consideration as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City be, and the same hereby is, amended by changing the zoning classification from Transition
(“T”) Zone District to Harmony Corridor (“H-C”) and Rural Lands (“R-U-L”) zone districts for
the following described properties in the City known as the Harmony/I-25 Rezoning:
Property to be Rezoned to the Harmony Corridor Zone District:
A PARCEL OF LAND LOCATED IN NORTHWEST QUARTER SECTION 3, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; IN THE CITY OF
FORT COLLINS, AND LARIMER COUNTY, COLORADO; BEING A PORTION OF THE
RIVERWALK ANNEXATION, AS RECORDED AT THE LARIMER COUNTY CLERK
AND RECORDER'S OFFICE. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, FROM WHENCE
THE NORTH QUARTER (1/4) CORNER OF SECTION 3 BEARS N 89°29'55” E A
DISTANCE OF 2640.37 FEET ON THE NORTH LINE OF SAID SECTION 3; AND
CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO;
Packet Pg. 230
Attachment18.2: Ordinance No. 095, 2014 (2139 : SR 095 Harmony/I-25 Rezoning)
- 2 -
THENCE ON THE WEST LINE OF SAID SECTION 3 S0144'18”E A DISTANCE OF 2649.34
FEET TO THE WEST QUARTER (1/4) CORNER OF SECTION 3, TOWNSHIP 6 NORTH,
RANGE 68 WEST, IN THE RIGHT OF WAY OF STRAUSS CABIN ROAD, AND THE
POINT OF BEGINNING;
THENCE S 87°52'12" E A DISTANCE OF 2388.22 FEET;
THENCE N 2°02'35" W A DISTANCE OF 61.06 FEET;
THENCE N 2°02'35" W A DISTANCE OF 1172.05 FEET;
THENCE N 2°02'35" W A DISTANCE OF 613.34 FEET;
THENCE N 24°15'59" W A DISTANCE OF 793.35 FEET;
THENCE N 56°56'01" W A DISTANCE OF 82.86 FEET;
THENCE N 89°36'28" W A DISTANCE OF 265.38 FEET;
THENCE S 0°30'05" W A DISTANCE OF 80.15 FEET;
THENCE S 0°30'05" W A DISTANCE OF 93.75 FEET;
THENCE N 89°29'55" W A DISTANCE OF 200.00 FEET;
THENCE N 0°30'05" E A DISTANCE OF 5.00 FEET;
THENCE N 89°29'55" W A DISTANCE OF 25.40 FEET;
THENCE NORTH A DISTANCE OF 227.62 FEET;
THENCE N 83°44'43" W A DISTANCE OF 156.80 FEET;
THENCE N 83°57'55" W A DISTANCE OF 29.18 FEET;
THENCE S 72°49'06" W A DISTANCE OF 56.60 FEET;
THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 32.81 FEET, A CENTRAL ANGLE OF 24°18'57", AN ARC
LENGTH OF 13.92 FEET, AND A CHORD THAT BEARS S 60°39'40" W A DISTANCE OF
13.82 FEET;
THENCE S 48°30'14" W A DISTANCE OF 98.38 FEET;
THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 51°11'22", AN ARC
LENGTH OF 82.97 FEET, AND A CHORD THAT BEARS S 74°05'55" W A DISTANCE OF
80.24 FEET;
THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 77°31'59", AN ARC
LENGTH OF 125.67 FEET, AND A CHORD THAT BEARS N 41°32'24" W A DISTANCE
OF 116.30 FEET;
THENCE N 84°57'34" W A DISTANCE OF 86.41 FEET;
THENCE N 89°18'55" W A DISTANCE OF 245.96 FEET;
THENCE N 89°47'25" W A DISTANCE OF 670.81 FEET;
THENCE N 1°44'18" W A DISTANCE OF 20.01 FEET;
THENCE N 89°47'25" W A DISTANCE OF 30.01 FEET;
THENCE S 1°44'18" E A DISTANCE OF 2618.34 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 138.55 ACRES (6,035,140 SQUARE FEET) MORE OR LESS.
Property to be Rezoned to the Rural Lands Zone District:
A PARCEL OF LAND LOCATED IN SOUTHWEST QUARTER SECTION 3, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; IN THE CITY OF
Packet Pg. 231
Attachment18.2: Ordinance No. 095, 2014 (2139 : SR 095 Harmony/I-25 Rezoning)
- 3 -
FORT COLLINS, AND LARIMER COUNTY, COLORADO; BEING A PORTION OF THE
RIVERWALK ANNEXATION, AS RECORDED AT THE LARIMER COUNTY CLERK
AND RECORDER'S OFFICE. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, FROM WHENCE
THE NORTH QUARTER (1/4) CORNER OF SECTION 3 BEARS N 89°29'55” E A
DISTANCE OF 2640.37 FEET ON THE NORTH LINE OF SAID SECTION 3; AND
CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ON THE WEST LINE OF SAID SECTION 3 S0144'18”E A DISTANCE OF 2649.34
FEET TO THE WEST QUARTER (1/4) CORNER OF SECTION 3, TOWNSHIP 6 NORTH,
RANGE 68 WEST, IN THE RIGHT OF WAY OF STRAUSS CABIN ROAD, AND THE
POINT OF BEGINNING;
THENCE S 87°52'12" E A DISTANCE OF 2388.22 FEET;
THENCE S 2°02'35" E A DISTANCE OF 2339.03 FEET;
THENCE ALONG THE ARC OF A CURVE, CONVEX TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 0°41'19", AN ARC
LENGTH OF 135.77 FEET, AND A CHORD THAT BEARS S 01°43'13" E A DISTANCE OF
135.77 FEET;
THENCE S 84°55'54" W A DISTANCE OF 574.58 FEET;
THENCE S 0°55'24" W A DISTANCE OF 30.00 FEET;
THENCE N 89°04'36" W A DISTANCE OF 1274.18 FEET;
THENCE N 9°16'32" W A DISTANCE OF 324.41 FEET;
THENCE N 1°46'32" W A DISTANCE OF 289.41 FEET;
THENCE N 32°46'32" W A DISTANCE OF 144.50 FEET;
THENCE N 23°39'02" W A DISTANCE OF 631.96 FEET;
THENCE N 1°50'02" E A DISTANCE OF 208.47 FEET;
THENCE N 17°13'48" W A DISTANCE OF 746.06 FEET;
THENCE N 46°09'32" W A DISTANCE OF 10.66 FEET;
THENCE N 1°49'14" W A DISTANCE OF 384.29 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 125.91 ACRES (5,484,422 SQUARE FEET) MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the
Land Use Code of the City is hereby changed and amended by showing that the above-described
property to be rezoned into the Harmony Corridor zone district is not included in the Residential
Neighborhood Sign District, and that the property to be rezoned into the Rural Lands zone
district is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Packet Pg. 232
Attachment18.2: Ordinance No. 095, 2014 (2139 : SR 095 Harmony/I-25 Rezoning)
- 4 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 233
Attachment18.2: Ordinance No. 095, 2014 (2139 : SR 095 Harmony/I-25 Rezoning)
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Beth Sowder, Neighborhood Services Manager
SUBJECT
Second Reading of Ordinance No. 098, 2014, Amending Article III of Chapter 12 of the City Code Pertaining to
Smoking in Public Areas.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Weitkunat) expands the City’s Smoking
Ordinance to include electronic smoking devices and 100% smoke-free hotel/motel rooms.
This item proposes two City Code amendments to expand the City’s Smoking Ordinance:
1. Prohibit the use of electronic smoking devices in all places where conventional smoking is prohibited.
2. Require 100% of hotel/motel rooms to be smoke-free.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 098, 2014 (PDF)
Packet Pg. 234
Agenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Beth Sowder, Neighborhood Services Manager
SUBJECT
First Reading of Ordinance No. 098, 2014, Amending Article III of Chapter 12 of the City Code Pertaining to
Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to propose expansions to the City’s Smoking Ordinance to include electronic
smoking devices and 100% smoke-free hotel/motel rooms.
This item proposes two City Code amendments to expand the City’s Smoking Ordinance:
1. Prohibit the use of electronic smoking devices in all places where conventional smoking is prohibited.
2. Require 100% of hotel/motel rooms to be smoke-free.
This item provides background information, community feedback, and information about actions taken in other
communities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
History
In 1984, Fort Collins was the first city in Colorado to pass a comprehensive smoking ordinance. The ordinance
limited smoking in public buildings and required restaurants to have no-smoking sections. In 2003, Fort Collins
was one of the first communities in Colorado to designate bars, restaurants, and workplaces as smoke-free.
The Fort Collins’ Smoking Ordinance was amended in 2006 to conform to the Colorado Indoor Clean Air Act
which helped the community regulate smoking in all indoor public places. Fort Collins expanded the smoking
ordinance in 2013 to prohibit smoking in outdoor dining areas, bar patios, and Transfort’s public transit
facilities.
During the April 8, 2014 City Council Work Session regarding additional smoking ordinance expansion options,
Council directed staff to move forward with the following:
1. Prohibit the use of electronic cigarettes and vaporizing devices in all places where conventional smoking is
prohibited
2. Require 100% hotel/motel rooms to be smoke-free.
3. Ban smoking in all parks, trails, and natural areas.
4. Prohibit smoking at public events and festivals.
5. Make Old Town/Downtown area smoke-free.
ATTACHMENT 1
Packet Pg. 235
Attachment19.1: First Reading Agenda Item Summary (w/o attachments) (2145 : SR 098 Smoking)
Agenda Item 21
Item # 21 Page 2
This item focuses on the first two items - electronic cigarettes and vaporizing devices and 100% hotel/motel
rooms. The other items are scheduled for City Council consideration on October 7, 2014.
1. Electronic Smoking Devices
Electronic smoking devices are not currently regulated within the city. This proposal adds electronic smoking
devices to the smoking ordinance banning their use from all areas where conventional smoking is prohibited.
This includes bars, restaurants, workplaces, outdoor dining areas, bar patios, and transit facilities.
The Food and Drug Administration (FDA) is beginning to consider regulation of electronic smoking devices.
They have recently proposed regulations that would require registration with the FDA, not allowing free
samples, minimum age requirements, and ingredient disclosure. They are currently in a 75 day public
comment period.
Electronic cigarettes or vaporizers are devices that vaporize and deliver to the lungs of the user a chemical
mixture composed of nicotine, propylene glycol and other chemicals. (See Attachment 1) Some e-devices are
offered without nicotine, and some are offered in candy or fruit flavors that can be attractive to youth. When
users inhale, a battery operated vaporizer heats a liquid solution into a vapor. E-devices are also being used
with highly concentrated marijuana oil or wax, and may provide a discreet way of using marijuana in public
settings. While vapor from electronic devices likely contain fewer toxins and carcinogens than those found in
traditional tobacco smoke, this alone does not mean that breathing e-cigarette vapor is “safe.” One recent
study examined secondhand emissions from several e-cigarette brands and found that e-cigarette users not
only ingest but also emit toxins and harmful ultrafine and fine particles, posting potential health risks to those
nearby.
Although the long-term effects of electronic smoking devices require further study, the FDA has found that
some devices contain toxins and carcinogens and has expressed concerns about their safety. Use of
electronic devices and vaporizers, particularly in places where conventional smoking is prohibited, may
interfere with smokers’ attempts to quit by making it easier for them to maintain their nicotine addiction.
Children and youth who experiment with electronic devices may become addicted to nicotine and ultimately
switch to smoking cigarettes. Even small amounts of liquid nicotine used in refillable devices can be
poisonous to children.
The use of electronic smoking devices may be visually similar to the smoking of cigarettes, and has already
been observed in locations where smoking is prohibited, creating concern and confusion. The use of
electronic smoking devices where smoking is prohibited may increase the social acceptability and appeal of
smoking, particularly for youth. Staff has spoken with several bar and restaurant managers who have
confirmed electronic smoking devices being used in their establishments. Some have decided not to allow
their use in their establishment, while others are waiting for direction from the City.
Several state and local governments have decided to regulate the use of electronic smoking devices
(Attachment 2):
• Utah, New Jersey, and North Dakota - passed legislation prohibiting e-cigarettes wherever regular
smoking is banned
• 10 States (including Colorado) - passed legislation regulating e-cigarette use in certain places such as
school property and State workplaces
• Nationally, 172 municipalities (including large metropolitan cities like New York and Chicago) include e-
cigarettes in their local smoking ordinances.
The Fort Collins smoking survey conducted in March 2014 (See Attachment 3) had more than 2,100
respondents and asked: Do you think electronic smoking devices should be regulated in the same manner as
regular smoking products? The results show:
Packet Pg. 236
Attachment19.1: First Reading Agenda Item Summary (w/o attachments) (2145 : SR 098 Smoking)
Agenda Item 21
Item # 21 Page 3
• Yes 48%
• No 30%
• No Opinion 22%
Additionally, the City hosted a public open house to gather more input. Approximately, 35 people provided
input either in person or in writing. (See Attachment 4) The input regarding electronic smoking devices were
mixed with some people in favor of regulating them while others opposed regulation because of the lack of
evidence showing negative health impacts to bystanders.
The TobacNO Youth Coalition provided a statement of support to limit public use of e-cigarettes (Attachment
5).
Additionally, the Larimer County Board of Health voted to support adding electronic smoking devices to the
city’s smoking ordinance (Attachment 6).
2. 100% Hotel/Motel Rooms
The current Fort Collins Smoking Ordinance aligns with the Colorado Clean Indoor Air Act, requiring at least
75% of hotel or motel rooms to be non-smoking. Additionally, the City’s smoking ordinance prohibits smoking
within 20 feet of any entryway; all other outdoor areas are not required to be smoke-free. If Council chooses to
adopt it, this proposal would require 100% of hotel/motel rooms be smoke-free. The primary benefit of this
requirement would be to protect hospitality industry workers who may have considerable exposure as well as
other patrons.
In 2006, the U.S. Surgeon General’s report determined there was no risk-free level of secondhand smoke.
The 2014 Surgeon General’s report expanded the list of diseases and adverse health effects caused by
secondhand smoke and, for the first time, linked secondhand smoke exposure to strokes in adults. Tobacco
smoke exposure is especially dangerous for the health of children, pregnant women, and persons with chronic
diseases who might visit local hotels/motels as well as hospitality workers who may have considerable
exposure during work.
Of recent concern is third-hand smoke, the tobacco residue from cigarettes, cigars, and other combustible
tobacco products that is left behind after smoking and built up on surfaces and furnishings. These sticky,
highly toxic particulates, like nicotine, can cling to walls and ceilings and be absorbed into carpets, draperies,
and other upholsteries. Nicotine remains on surfaces for days and weeks, so carcinogens continue to be
created over time, which are then inhaled, absorbed, or ingested. Though the effects of third-hand smoke are
not yet clear, a 2013 study in hotels found that when a hotel allows smoking in any of its rooms, the smoke
gets into all of its rooms.
Nationally, the following have 100% smoke-free hotel/motel room requirements (Attachment 7):
• 98 municipalities (none in Colorado)
• 5 states (Indiana, Michigan, Nebraska, North Dakota, and Wisconsin)
• Many large hotel chains (including Marriott, Westin, and Comfort Inn).
The Fort Collins smoking survey (Attachment 3) asked: Do you think 100% of hotel/motel rooms in the City of
Fort Collins should be smoke-free? The results show:
• Yes 56%
• No 34%
• No Opinion 10%
Additionally, input received at the public open house was mixed on this topic. Some believe that hotels/motels
should be 100% smoke-free while others believe it should be up to the business owner to decide (Attachment
4).
Packet Pg. 237
Attachment19.1: First Reading Agenda Item Summary (w/o attachments) (2145 : SR 098 Smoking)
Agenda Item 21
Item # 21 Page 4
The Larimer County Board of Health voted to support adding the requirement that all hotel/motel rooms in the
City of Fort Collins city limits be 100% smoke-free inside (Attachment 6).
There are currently five hotels/motels in Fort Collins that allow smoking in their guest rooms. Staff reached out
individually to each of them and spoke with the owner and/or manager in an effort to understand their
concerns, what could make it easier for them, and what timeframe they would need to make the transition to
100% smoke-free rooms if Council chooses to adopt this ordinance. The responses were:
• One motel is currently moving toward converting its smoking rooms to non-smoking rooms. They only
have one more room to convert, so they do not believe this will be a problem for them. They would not like
the City to ban smoking on their entire property as they would like to provide an outdoor smoking place for
patrons.
• One motel is planning to use the fall to convert their smoking rooms to non-smoking rooms (they would like
to do this while the North College road construction is occurring). They did not have concerns about the
ordinance, but they would like to have until January 1st before the ordinance becomes effective.
• One motel stated that they are fine with the changes happening and it doesn’t matter to them what the
timing is. Their longer-term guests usually stay in their smoking rooms, but they have cleaned up their
motel a lot in the past couple of years and are continuing to make improvements. The owner would be
happy to go smoke-free because she has health issues that are further impacted by smoke. They are
more concerned about the North College road construction and lack of parking than a smoking ban.
• One of the motels is a national chain specifically marketed for extended stays. They would need to comply
with their corporate policies if they are required to go 100% smoke-free. They have a lengthy process to
get approvals to build an outdoor structure for smokers which they would want to provide. A delayed
implementation date would be helpful.
• One motel is extremely concerned and believes his business would not survive if Council approves this
ordinance. Most of his customers are extended stay (more than a couple nights) and are smokers. He
believes that this should be his decision; not the City’s.
Based on this input, staff recommends an implementation date of January 1, 2015 if Council chooses to adopt
the 100% hotel/motel smoke-free rooms amendment.
FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts to the City. Enforcement will be done in the same manner with the same staff
as it is currently done for both of these potential amendments. Education and outreach will be conducted by
current staff.
There may be some financial/economic impact to the five (5) hotels/motels that currently allow smoking. The
impact could be negative or positive.
ENVIRONMENTAL IMPACTS
There would be improved air quality in hotels/motels that currently allow smoking.
PUBLIC OUTREACH
The City engaged in public outreach in an effort to understand the level of community support for expanding
the smoking ordinance to include prohibiting electronic smoking devices in all places where conventional
smoking is prohibited and require 100% of hotel/motel rooms to be smoke-free (Attachment 8).
Public engagement efforts included:
Packet Pg. 238
Attachment19.1: First Reading Agenda Item Summary (w/o attachments) (2145 : SR 098 Smoking)
Agenda Item 21
Item # 21 Page 5
• On-line informal survey - February-March 2014 - over 2,100 responses
• Public Open House - May 22, 2014
• Email communications in response to public open house
• One-on-one meetings with hotel/motel owners/managers
• Site visits
• Social media, press release, and website.
ATTACHMENTS
1. E-cigarettes and Vapor Photo Glossary (PDF)
2. U.S. State and Local Laws Regulating Use of Electronic Cigarettes (PDF)
3. Fort Collins Smoking Survey 2014 (PDF)
4. Smoking Expansion Options Public Open House Summary of Input, May 22, 2014 (PDF)
5. TobacNO Youth Coalition Statement of Support (PDF)
6. Larimer County Board of Health Statement of Support (PDF)
7. State and Local 100% Smokefree Hotel and Motel Guest Room Laws (PDF)
8. Public Engagement Plan (PDF)
9. City Council Work Session Summary April 8, 2014 (PDF)
10. PowerPoint Presentation (PDF)
Packet Pg. 239
Attachment19.1: First Reading Agenda Item Summary (w/o attachments) (2145 : SR 098 Smoking)
- 1 -
ORDINANCE NO. 098, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS
WHEREAS, Chapter 12, Article III of the City Code currently prohibits conventional
smoking in public places; and
WHEREAS, electronic smoking devices are not currently regulated within the City Code;
and
WHEREAS, although electronic smoking devices do not contain tobacco, the users of
such devices inhale vaporized liquid nicotine or other liquids created by heat through an
electronic ignition system and exhale the vapor in a way that simulates conventional smoking;
and
WHEREAS, the United States Food and Drug Administration has conducted laboratory
tests on numerous brands of electronic smoking devices and have found that they contain toxic
chemicals and carcinogens in addition to nicotine; and
WHEREAS, the City Council has previously found and determined that there is no safe
level of exposure to secondhand smoke; and
WHEREAS, the concern over the health impacts of secondhand, and now third-hand
smoke, continues to rise among the citizens of Fort Collins; and
WHEREAS, the use of electronic smoking devices in public places and in places of
employment returns smoking to the public consciousness and complicates enforcement of the
laws governing conventional smoking in public places; and
WHEREAS, under the current City Code, hotel and motel owners may permit smoking in
twenty-five (25) percent of hotel and motel rooms; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the
City of Fort Collins be amended to require one hundred (100) percent of all hotel and motel
rooms be smoke-free and to require that electronic smoking devices be regulated similarly to
conventional smoking.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 12-56 of the Code of the City of Fort Collins is hereby
amended to add new definitions and amend existing definitions, to read as follows:
Electronic smoking device shall mean an electric or battery-operated device, the use of
which resembles conventional smoking, which can be used to deliver substances,
Packet Pg. 240
Attachment19.2: Ordinance No. 098, 2014 (2145 : SR 098 Smoking)
- 2 -
including, but not limited to, nicotine, tobacco, or marijuana, to the person using such
device. Electronic smoking device shall include, without limitation, an electronic
cigarette, cigar, cigarillo, pipe, or hookah. Electronic smoking device shall not include
any product approved by the food and drug administration as a drug or medical device
that is used in accordance with its purpose.
. . .
Smoke or smoking shall mean:
(1) Carrying or placing of a an electronic smoking device, lighted cigarette,
lighted cigar, lighted pipe, or any other lighted smoking equipment in one's mouth
for the purpose of inhaling or exhaling smoke or vapor or blowing smoke rings;
(2) Placing of an electronic smoking device, lighted cigarette, lighted cigar,
lighted pipe, or any other lighted smoking equipment in an ashtray or other
receptacle, and allowing smoke or vapor to diffuse in the air;
(3) Carrying or placing of an electronic smoking device or lighted cigarette or
lighted cigar or lighted pipe or any other lighted smoking equipment in one's
hands or any appendage or device and allowing smoke or vapor to diffuse in the
air; or
(4) Inhaling or exhaling smoke or vapor from an electronic smoking device,
lighted cigarette, lighted cigar, lighted pipe, or any other lighted smoking
equipment.
. . .
Tobacco shall mean cigarettes, cigars, cheroots, stogies and periques; granulated, plug
cut, crimp cut, ready rubbed and other smoking tobacco; snuff and snuff flour, cavendish,
plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps,
clippings, cuttings, and seepings of tobacco; and other kinds and forms of tobacco,
prepared in such manner as to be suitable for both chewing or for smoking in a cigarette,
pipe, electronic smoking device or otherwise, or both for chewing and
smoking. Tobacco also includes cloves, marijuana, and any other plant matter or product
that is packaged for smoking.
Section 2. That Section 12-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Notwithstanding any other provision of this Article to the contrary, retail tobacco
businesses shall be exempt from the smoking prohibition set forth in § 12-59 above,
provided that the following conditions shall apply:
Packet Pg. 241
Attachment19.2: Ordinance No. 098, 2014 (2145 : SR 098 Smoking)
- 3 -
(1) The business must be designed, constructed and operated in such fashion
as to prevent smoke originating on its premises from entering any smoke-free
area. It must be also physically separated from other establishments and
independently ventilated as prescribed by the most current building and
mechanical codes adopted by the City and as administered by the Building
Official.
(2) The business must, prior to allowing smoking on the premises, first obtain
a certificate of occupancy from the Building Official allowing such smoking in or
on the premises of the store depicting floor space used for retail sales and floor
space used for other purposes. Any certificate of occupancy allowing smoking
shall be conditioned upon compliance with these regulations and conformance to
the floor plan approved by the Building Official as the basis for issuance of the
certificate of occupancy. Failure to comply with these regulations and any other
laws applicable to the sale and consumption of tobacco products shall be cause for
revocation of the certificate of occupancy.
(3) A violation of any of the conditions or limitations of a certificate of
occupancy for a retail tobacco business, whether by the store owner, proprietor,
manager, employee, agent or otherwise, or violation of the requirements for
operation of a retail tobacco business set forth in this Article, shall be the
responsibility of the business owner and shall be grounds for revocation of the
certificate of occupancy, in addition to any other penalties imposed by the
provisions of § 12-67.
(4) Persons under eighteen (18) years of age shall not be permitted on the
premises of the business, and proof of age shall be required for all persons
entering the business. The retail tobacco business shall be responsible for
providing adequate staffing and training so as to ensure an effective system for
preventing persons under eighteen (18) years of age from entering the business.
(5) In addition to other signs required to be posted pursuant to this Article,
any retail tobacco business shall post and maintain a sign at all public entrances
thereto, in a conspicuous position clearly visible upon entry, stating the
phrase "Persons under the age of 18 not permitted". In addition, the sign, or
another similarly posted sign, shall state the phrase "Surgeon General's Warning:
Smoking Can Cause Lung Cancer, Heart Disease, Emphysema, and May
Complicate Pregnancy". Any sign required hereunder shall meet the size and
location requirements of Subsection 12-63(b).
Section 3. That the amendments made by Section 2 of this Ordinance shall not take
effect until 12:01 am, January 1, 2015.
Packet Pg. 242
Attachment19.2: Ordinance No. 098, 2014 (2145 : SR 098 Smoking)
- 4 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 243
Attachment19.2: Ordinance No. 098, 2014 (2145 : SR 098 Smoking)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Mike Beckstead, Chief Financial Officer
Tom DeMint, PFA Fire Chief
SUBJECT
Resolution 2014-045 Approving an Amended and Restated Intergovernmental Agreement Between the City of
Fort Collins and the Poudre Valley Fire Protection District Establishing the Poudre Fire Authority.
EXECUTIVE SUMMARY
The purpose of this item is to approve the revised Intergovernmental Agreement (IGA) which forms the Poudre
Fire Authority and the associated Revenue Allocation Formula (RAF) which allocates a share of City revenue
toward the provision of fire and rescue services within Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since 1981, the City of Fort Collins (City) and the Poudre Valley Fire Protection District (PVFPD) have had an
intergovernmental agreement to provide joint fire protection and rescue services within their respective
boundaries. The two “parent” entities jointly govern Poudre Fire Authority (PFA) through representation on the
PFA Board of Directors. The overall purpose of the joint service model has been to consolidate two existing
fire departments into one Fire Authority which would provide timely, efficient and cost-effective service within
the combined boundaries of the two entities. The RAF was designed to “pass through” a predictable revenue
stream from each entity to the PFA for its operations and capital needs. The PFA Board of Directors is
charged with administering that funding stream for the benefit of both partners.
Over the past nine months, City staff and PFA staff have worked together to update the current IGA between
the PVFPD and City. While some changes are recommended in the general terms of the IGA (see below), the
primary issue under review has been the RAF, which details the financial contributions of each party to the
operation of the Poudre Fire Authority.
The basic components of both the original and the proposed new RAF include the following factors:
Cost Sharing between City and District
The original formula was based on an 80%/20% split in the total costs of operating PFA between the City
of Fort Collins and PVFPD. The split was calculated based on the relative share of call volume and
assessed value of properties protected.
Packet Pg. 244
Agenda Item 20
Item # 20 Page 2
City Contribution Calculation
The City has calculated its share of the funding formula based on a share of its general sales and use tax
revenue, plus a share of its property tax revenue. In 2010, the City also added a dedicated funding stream
from its Keep Fort Collins Great voter approved sales and use tax.
District Contribution
The District contributes its entire property tax mill levy revenues (less minimal District expenses) directly to
PFA. The mill levy rate has fluctuated through the years based on the amount of revenue it needed to
generate to meet its share of the cost of PFA operations. In 2010, the District increased its mill levy to
10.595 mills to match the increase in City contributions through KFCG. In addition, the Town of Timnath
contributes a share of its Urban Renewal Authority tax increment in lieu of the District property taxes that
the URA properties would have otherwise paid to the District.
In 2014, the City’s actual contributions to PFA totaled $20.1 Million (RAF at $17.8M and KFCG at $2.3M).
With the preliminary budgeted City revenue of $21.7M in 2015, PFA will see an increase in City funding of
$1.4M or approximately 7%. This represents normal revenue growth (approximately 3%) PLUS the first step in
closing the City’s funding gap with first year of the phase-in (approximately $0.5M).
District revenue projections for 2015 will be developed in the near future as property tax projections from
Larimer and Weld Counties become available.
Intergovernmental Agreement Update
In addition to discussions regarding the funding formula, City staff and PFA staff have met regularly over the
past several months to review the details of the IGA document. Key changes in the terms of the agreement
have included such provisions as:
Appointment of the “5th Member” of the Board (this language remains the same as the original agreement);
Impact of annexations on the financial agreement;
Appointment of a legal advisor to the Authority;
Inclusion of specific references to “Rescue” services as part of the scope of PFA’s services;
Elimination of language which distinguishes between an “Administrative Chief” and “Executive Chief;”
Clarification of the PFA’s role in contracting for EMS Ambulance Services within the jurisdiction; and
Additions regarding TABOR limitations.
April 2, 2014 Joint Meeting Recap
On April 2, City Council and the PVFPD Board met in joint session to review the proposed IGA and Revenue
Allocation Formula. Comments and suggestions from that meeting led to the following adjustments to the final
IGA document presented with this Resolution:
1. The City’s RAF has been simplified to include three components instead of four—.29 cents of sales and
use tax, 67.5% of Property Tax and the KFCG revenue dedicated to Fire emergency services. Previous
versions of the IGA had distinguished between property taxes for operations and maintenance and those
dedicated to capital. Under the proposed IGA, all City contributions are provided to PFA to be distributed
between O&M and capital needs, as determined by the PFA Board and PFA staff.
2. Language regarding the phase-in period for the City’s increased contribution was clarified.
3. Exhibit A, “Funding Formula and Revenue Allocation Formula” was amended to include a description of
“Other Revenues” which PFA generates itself, without contribution from the City or the District. These
revenues consist primarily of fees generated in the development review process, but also include grants,
Packet Pg. 245
Agenda Item 20
Item # 20 Page 3
reimbursements, investment income and miscellaneous revenue. Language in this Exhibit was also
modified to better express the City’s commitment of revenues affected by Urban Renewal Authorities.
4. PFA’s ability to incur bonded debt was clarified to reinforce that PFA does not have the legal authority to
issue General Obligation bonds, but does have the ability to incur some other types of debt with approval
of the PFA Board.
5. Section 2.2 N of the Agreement was modified to provide more detailed direction regarding PFA annual
performance report to the City and the District.
6. The description of the ambulance related service authorized in the IGA was modified to be in line with state
law and the PFA’s intention to contract for ambulance services dispatched through the City’s public safety
answering point (PSAP), known as the dispatch center.
Changes from the current IGA are highlighted in yellow in the proposed IGA. Changes from the draft IGA
presented at the joint meeting on April 2nd are highlighted with double underlining in the proposed IGA.
City Council also asked for a cost estimate for the in-kind services provided by the City to the PFA. These in-
kind services, detailed in Exhibit B of the IGA, reduce the overall cost of providing fire service. PFA utilizes
City support services in order to take advantage of the economies of scale created by not duplicating basic
administrative functions. City staff estimates that the total annual cost of these services is approximately
$400,000. These estimates were determined by calculating a pro rata share of the City’s total cost for each
service and allocating those costs to PFA. For example, administration of benefits programs for all City, PFA
and Library District employees was calculated to be approximately $500,000 per year, including City staff,
consultants, actuaries, etc. Since PFA employees represent approximately 10% of the total employees
served, the PFA’s share would be calculated at $50,000 per year. However, as part of this analysis, the City
considered whether any of its actual costs would be reduced if PFA no longer participated in the City’s benefits
program, and concluded that the cost savings would be minimal since virtually all of the same staff and
contracted work would be done each year, with or without PFA employees being covered. The use of
automated systems for much of the “per employee” work results in very little marginal cost for the addition of
200 employees. In each case, City staff has concluded that no staff positions could be eliminated if PFA were
no longer served, and minimal marginal costs are actually incurred.
After many months of work between the City and the District, the final approval of the IGA will take place in two
stages. On May 12, the District Board approved the final IGA by unanimous vote. At the July 15, 2014
Regular Meeting, City Council will consider the same resolution. The overall schedule for consideration of the
financial proposal and the IGA update has been:
City Council Finance Committee review (Financial issues) March 17
PVFPD Board briefing and discussion (Financial Implications and
provisions of IGA)
March 24
PFA Board discussion (Update to Board on PVFPD and City discussions) March 25
PVFPD and City Council Joint Meeting (Review terms of IGA and RAF;
develop consensus on terms to prepare for formal consideration)
April 2
PVFPD Consideration of Resolution 2014 - 03 to Approve IGA and RAF May 12
City Council Consideration of Resolution to Approve IGA and RAF July 15
Incorporation of RAF into City Budget Process Summer 2014
FINANCIAL / ECONOMIC IMPACTS
Three components—Cost Sharing between District and City, City Contribution Calculation, and the District
Contribution—were applied to develop a new proposed Funding Agreement and RAF for future contributions.
The components of the proposed formula include:
Packet Pg. 246
Agenda Item 20
Item # 20 Page 4
Total Cost
Current Budget Level of Service 2014 $24.7 million
Adequate Funding for Level of Service, 2014 $27.5 million
Split (based on the five- year average blend of service calls & assessed value)
City 82.5% $22.7 million
District 17.5% $ 4.8 million
City Funding Shortfall
City 2014 Contribution $20.1 million
City Funding Shortfall $ 2.6 million
City Contribution
Sales and Use Tax .29 cents of one cent of 2.25% Base Sales and Use Tax
Property Tax 67.5% of Property Tax
KFCG As defined in ballot language
District Contribution
Property Tax 10.595 Mills
Timnath URA Tax Increment in lieu of District Property Tax
The proposed City RAF variables (29% of one cent of sales tax and 67.5% of property tax) were determined
based on the City’s 2014 revenue forecasts and the targeted $22.7M for the City contribution. At $22.7M, the
City’s contribution equals 82.5% of the PFA Level of Service Budget and requires an additional $2.6M of
funding over the budgeted 2014 funding of $20.1M. The 82.5% allocation of costs reflects a blend of service
calls and assessed value between the City and the District. City staff is proposing that the $2.6M funding gap
be closed over a five-year period. Going forward, the RAF will utilize the City’s Sales, Use & Property Tax
revenue forecasts to develop PFA funding, and during the next five years, a declining portion of the $2.6M
shortfall will be deducted from the RAF calculated PFA funding.
Budget Projections: The table below reflects how the phase-in will work. The City RAF amount in the 2015
Budgeted and 2016 Budgeted columns reflect the City’s current estimates of revenue that will be provided to
PFA in 2015 and 2016. Calculation for the remaining years in the table below assumes the previously used
3% per year growth assumption for illustration purposes only.
Packet Pg. 247
Agenda Item 20
Item # 20 Page 5
City Contribution Projections, 2015 – 2020
(millions of dollars)
2014
2015
Budgeted
2016
Budgeted
2017 2018 2019
2020
City RAF Amount $20.4 $21.2 $21.9 $22.5 $23.3 $24.1 $25.0
+ KFCG $2.3 $2.6 $2.7 $2.6 $2.6 $2.7 $2.8
City Calculated
Contribution
$22.7 $23.8 $24.6 $25.1 $26.0 $26.8 $27.8
Phase-in Adjustment
Yrs Total = 5 80% 60% 40% 20% 0%
- Phase-in Adjustment
Amount
($2.6) ($2.1) ($1.6) ($1.0) ($0.5) $0.00
City Actual Contribution $20.1 $21.7 $23.0 $24.1 $25.4 $26.8 $27.8
ATTACHMENTS
1. History of Poudre Fire Authority (PDF)
2. IGA between City and District (redline/strikeout version) (PDF)
3. Powerpoint presentation (PDF)
Packet Pg. 248
1
ATTACHMENT 1
Poudre Fire Authority History
June 3, 2014
In 1981, the City of Fort Collins and the Poudre Valley Fire Protection District developed an
intergovernmental agreement to provide joint fire protection and rescue services within their
respective boundaries. The two entities entered into a “trial period” of consolidation and then
entered into the current Intergovernmental Agreement (IGA) in 1987. The Poudre Fire
Authority is a consolidated fire service model which combined the City Fire Department with
the District Fire Department to provide service in both the District and the City.
The District surrounds the City of Fort Collins, and also encompasses the Town of Timnath,
LaPorte, Bellvue, Horsetooth and Redstone Canyon for a total of 235 square miles of Northern
Colorado. It is a Special District under Colorado law, governed by a five-member Board of
Directors elected by residents of the District. Prior to the consolidation, the District was
serving areas on all sides of the City, and often crossing through the City to reach calls in
various parts of its service area. In addition, each entity provided mutual aid within the other’s
boundaries. The combination of the two departments created a much more efficient service
plan, saved resources by using existing and future stations to serve both urban and rural
settings, and reduced overhead costs.
Other service models were considered, including mutual aid contracts, contracts for service
and creation of a Special District which encompassed both the City limits and the existing
District boundaries. Changes in State law created an opportunity for a Fire Authority to be
establish which would take advantage of the assets of both existing departments, maintain the
relationship between the City and the District, and provide an efficient response system. The
consolidated departments brought together staff, facilities, equipment, dispatch services and
administration to provide services in the PFA boundaries.
At the time of consolidation, the participants estimated that the creation of the PFA would
result in a cost savings of over $1 million per year for the City and the District because of
shared resources and shared stations. Over the years, these savings have increased. A 2007
estimate concluded that the savings to the City alone resulting from the PFA would have been
over $2 million. If the partnership with PVFPD did not exist the City would likely need to
increase its O&M funding by $2,400,000 to maintain existing services, plus some portion of a
capital cost to replace facilities and apparatus that now jointly serve both areas. These figures
were calculated based on the cost of replacing stations and staff located in the District but with
current response areas substantially within the City limits. The District would also likely see
cost increases as it relocated or revised its service plan to provide services to areas on all sides
of the City. Since this analysis, annual savings have continued to increase through the shared
model.
The joining of forces created by PFA have resulted in improved insurance ratings, lower long-
term costs to the taxpayer, enhanced ability to respond to large scale emergencies, and
coordinated strategic planning.
Packet Pg. 249
Attachment20.1: History of Poudre Fire Authority (2121 : PFA IGA)
2
Governance of the PFA was established as an independent Board of Directors. The Board was
established to include two members appointed from the City Council, two members appointed
from the PVFPD Board, and one member appointed by the other members. This 5th member
has typically been the Fort Collins City Manager. A set of Bylaws was adopted in 1987 which
sets forth the structure and timing of the PFA Board meetings and the process for selection of
officers of the Board. The PFA relies on the City, Town of Timnath, Larimer and Weld Counties,
or the District to adopt any policy or regulation which requires the force of law, since PFA does
not have any regulatory power separate from those entities.
Growth of Poudre Fire Authority
When the PFA was created in 1981, the combined City and District population was
approximately 91,400. It provided service from seven paid fire stations with 104 paid
employees. Calls for service totaled 3,141 in 1981.
As both the City and the District have grown over time, so has the PFA. The PFA population has
grown to the current 185,000 residents. Employees have increased to 185 full-time employees,
plus 30 volunteer firefighters. Calls for service are 5.5 times higher than in 1981, and since
1993 calls per line fire staff member have nearly doubled. This increase in demand and
workload reflects both the growth of the communities and the increasing call for more types of
services than were provided in the past. The addition of technical rescue services, swift water
rescue, hazardous materials response and other types of services reflect the expectations of the
community for emergency services response well beyond fire response alone.
Other measures of growth in the PFA include the addition of six stations, additional crews for
truck companies within existing stations, and the development of the Training Center. Over
time, a greater percentage of growth in several measures is attributable to the City. A greater
percentage of assessed valuation of protected structures is within the City, as are a larger
percentage of calls. These facts are consistent with a gradual growth of the City through
annexations of District properties into the City limits.
Original PFA Revenue Allocation Formula
The City and PVFPD have shared in the funding of PFA through a model outlined in the 1987
Intergovernmental Agreement. Each partner has its own method for providing funding for its
share of operations and maintenance and capital needs.
CITY OF FORT COLLINS: The funding formula agreement for the City’s share of PFA was
established as a fixed sum contract each year. The formula was developed to provide a
relatively stable funding source, but which would follow the growth and decline of City
revenues in both sales and use taxes and property taxes. The fixed sum was to be estimated
during the budget process to be the equivalent of .303 of one cent of the existing 2.25%
sales and use tax, and 67.09% of the City’s property tax mill levy. This amount was to be
appropriated as a part of the City’s annual budget. The PFA’s appropriation was not to vary
based on actual year end collections, whether they were higher or lower than the budget
projection. Early documents from the City note that in a downturn in the economy, the City
“may approach the Authority to accept a lesser amount than what has been budgeted. The
City could not require the Authority to cut back.” These funds were directed to the
Operation and Maintenance needs of PFA.
Packet Pg. 250
Attachment20.1: History of Poudre Fire Authority (2121 : PFA IGA)
3
In 1993, City Council acknowledged that it needed to provide additional funding to PFA for
capital needs and increased its mill levy to provide a dedicated 1 mill allocation to PFA’s
capital fund. In 1996 the dedicated 1 mill usage was expanded to include operations and
maintenance costs in addition to apparatus replacement and capital needs not funded.
In the 1990’s, the City applied TABOR limits to its allocations to PFA and made adjustments
(increases or decreases) for items such as annexations, economic downturns, etc. After
2008, the City began to allocate funds to PFA based on a percentage increase over previous
years, rather than a calculation of the previous Revenue Allocation Formula.
In 2010, City voters approved the Keep Fort Collins Great sales and use tax package
including dedicated funds for new fire services.
POUDRE VALLEY FIRE PROTECTION DISTRICT: The District’s financial commitment to
the PFA for each year is based on property tax receipts as projected by Larimer and Weld
Counties in December of each year. The District’s mill levy has fluctuated between 4.75
mills and 11.81 mills since 1981. The highest rate was in place in 1987 as the District
raised revenues to pay off a bond for Station 7 in LaPorte.
In 2010, District voters approved a mill levy increase from 9.301 to 10.595 mills, to provide
PFA with additional funds matching the increase in revenue provided by the City in the
Keep Fort Collins Great (KFCG) program. The District’s increase did not include a sunset
provision similar to the one included in the KFCG program.
Each year, the District Board allocates most of its revenue directly to PFA, holding back
enough revenue to cover the District’s operating costs and projected capital needs. Over
recent years, the District has built up a capital fund dedicated to the construction of Station
8 in Timnath. The District is expected to transfer $1.4 million from these funds to PFA’s
capital budget in either 2014 or 2015 for the planned construction of Station 8.
PFA BOARD: The IGA requires the City Council and the District to annually approve their
PFA budget contribution as an appropriation prior to the end of each year. After the
allocation is set, the funds are turned over to PFA to be budgeted by the PFA Board. All
funds are transferred to PFA, which receives its expenditure authorization from the PFA
Board. Under the terms of the IGA, PFA is authorized to retain any unexpended funds in
reserve, without further approval of the City or the District.
Packet Pg. 251
Attachment20.1: History of Poudre Fire Authority (2121 : PFA IGA)
4
Poudre Fire Authority Revenue Allocation Formula History
1987-2014
City of Fort Collins PVFPD
Sales and
Use Tax
Property
Tax
Capital
Mill levy
Keep Fort
Collins Great
Property Tax
1987- 1990 .303 of one
cent of the
City’s
2.25% base
sales tax
rate
67.09% of
City
Property
Tax
N/A N/A 11.81 Mills (varied
with debt service
level)
1991 – 2006 .303 of one
cent of the
City’s
2.25% base
sales tax
rate
67.09% of
City
Property
Tax
1 mill N/A 9.301 Mills
2007-2010 Fixed percent increase
over previous year
1 mill N/A 9.301 Mills
2010-2014 Fixed percent increase
over previous year
1 mill 11% of .85%
KFCG sales and
use tax
10.595 Mills
Proposed 2015 .29 of one
cent of the
City’s
2.25% base
sales tax
rate
67.5% of
City
Property
Tax
N/A 11% of .85%
KFCG sales and
use tax
10.595 Mills plus
ATTACHMENT 2
Packet Pg. 253
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 254
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 255
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 256
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 257
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 258
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 259
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 260
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 261
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 262
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 263
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 264
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 265
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 266
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 267
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 268
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 269
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 270
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 271
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 272
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
Packet Pg. 273
Attachment20.2: IGA between City and District (redline/strikeout version) (2121 : PFA IGA)
1
PFA IGA
July 15, 2014
ATTACHMENT 3
Packet Pg. 274
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
2
IGA History
IGA Agreement and Revenue Allocation Formula has met the needs
of the Authority and City for over 30 years
• Current IGA established in 1987
• Defined authority of the PFA Board & Fire Chief
• Governing Board
• Personnel
• Purchases & Disposition of Assets
• Described funding mechanism for the District and the City
• District – Mill Levy based
• City – Revenue Allocation Formula
o Original approximately 50%/50% Property Tax & Sales tax
o Recent data 2/3 Property Tax, 1/3 Sales Tax (w/o KFCG)
• Objective of revising the IGA:
• Update authority levels & services provided by City
• Update Revenue Allocation Formula
Packet Pg. 275
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
3
Revenue
Revenue Growth from the District is Greater than from the City…
City’s Contribution has Grown at a Rate Greater than City Revenue
0
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
1997 - 2014 PFA City and District Revenue
City Contribution District Contribution
Growth Rates
4.99% = City Revenue (Sales, Use,
Property Tax, & KFCG)
5.03% = City Contribution to PFA
5.45% = District Contribution to PFA
5.12% = PFA Revenue
Packet Pg. 276
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
4
Calls Per Firefighter/Captain
Average 3% Annual Improvement in Productivity
67.20
75.63
72.32
74.88 74.23 74.04
81.54
86.10
92.69
95.89
98.83
102.86
92.84
95.43
99.88
105.09
110.54
114.90
117.77 118.04
50
60
70
80
90
100
110
120
130
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Packet Pg. 277
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
5
Level of Service Based Budget Analysis
PFA Level of Service Budget requires an additional $2.8M
over current 2014 budget of $24.7M
2014
O&M Capital Total
Current Budget (w/o fees & review) $23.8 $0.9 $24.7
Personnel Net 0.7 0.7
Other Costs .4 0.4
Legal costs .1 0.1
Funding to restore Capital 1.6 1.6
Level of Service Budget Target $25.0 $2.5 $27.5
Packet Pg. 278
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
6
Funding Mechanism
Phase in of Additional City Contribution Over Five Years….
Provides PFA Certainty of Revenue Growth
District Revenue - $4.6M 2014 revenue:
• Property Taxes at 10.595 mills
• TIF Revenue for Station 8 from Town of Timnath
City Revenue – $22.7M 2014 revenue:
• Sales Tax - 29% of one cent of 2.25% GF Sales and Use Tax
revenue
• 1 mill of City property tax for Capital
• 67.5% of remaining City property tax revenue
• 11% of KFCG revenue
Phase in of City’s additional $2.6M
• Phased in over 5 years
Packet Pg. 279
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
7
IGA Terms Updated
All IGA Changes Have Been Reviewed by Both the
City and District Attorneys
• Updated to reflect previously approved amendments
• Reaffirm selection of “5th” member of Board
• Update authorities of Chief
• Purchases
• Asset Disposition
• Update to reflect current services provided by City
• See Exhibit B of the IGA
• RAF formula and worksheet included as attachment to IGA
• Future transparency and consistency – Exhibit A in the IGA
• Impact of Annexations and URA’s included with IGA
• Large annexations – adjust RAF variables to be revenue neutral
• URA/TIF – discussion to understand implications
Packet Pg. 280
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
8
BACK-UP
Packet Pg. 281
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
9
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
1997 - 2014 PFA Expenses
Personnel Exp Non-Personnel Exp Capital Exp
Expenditures
Personnel Cost Consistently at 87% of O&M….
Capital Funding has Been Used to Support O&M
Growth Rates
4.57% = Non-Personnel Expense
4.94% = Personnel Expense
5.73% = Total Expense (Incl Capital)
86% of
O&M
14% of
O&M
87% of
O&M
13% of
O&M
Packet Pg. 282
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
10
Staffing Analysis
Line, Command & Uniform Staffing has Declined Since 1998
From 93.8% to 89.7% of Total Staffing
0
20
40
60
80
100
120
140
160
180
200
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Employee count by category
Line and Command Staff 40 hour Uniformed Professional/Technical Support Clerical Admin Support
93.8%
6.2%
10.3%
89.7%
Packet Pg. 283
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
11
Required Funding Adjustments
2014 Level of Service Budget Calculates $2.6M
Shortfall from City Contribution
District City
Average 5 yr Calls 16.1% 83.9%
Average 5 yr Assessed Value 18.8% 81.2%
Blended 17.5% 82.5%
Budget Share $4.8M $22.7M
2014 Current Contributions $4.6M $20.1M
2014 Funding Shortfall $0.2M $2.6M
Packet Pg. 284
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
12
City Funding over Time
Proposed New RAF Goes Into Effect in 2015.
Packet Pg. 285
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
13
Station 5 and 7
Kitchen Wear
and Tear
Packet Pg. 286
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
14
Deferred
Maintenance
Station 5
Roof
Packet Pg. 287
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
15
Station 7
inadequate
facilities for male
and female
firefighters
working together
Bathroom privacy
issues and single
dorm room for all
firefighters
Packet Pg. 288
Attachment20.3: Powerpoint presentation (2121 : PFA IGA)
- 1 -
RESOLUTION 2014-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF FORT COLLINS AND THE POUDRE VALLEY FIRE PROTECTION DISTRICT
ESTABLISHING THE POUDRE FIRE AUTHORITY
WHEREAS, on November 3, 1987, the City of Fort Collins (the “City”) and the Poudre
Valley Fire Protection District (the “District”) entered into an intergovernmental agreement (the
“Agreement”) providing for the continuation of an independent governmental entity known as
the Poudre Fire Authority (the “PFA”) which was originally formed in 1981, for the purpose of
providing fire protection services within the City and the District; and
WHEREAS, since 1987, the City and the District have entered into three addenda to the
Agreement; and
WHEREAS, the City and the District have recognized the need to amend and restate the
Agreement and have worked cooperatively to identify and address issues of mutual interest,
including the establishment of a new revenue allocation formula to help ensure a predictable
revenue stream for the PFA for its operations and capital needs; and
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201,
Colorado Revised Statutes, encourage governments to make the most efficient and effective use
of their powers and responsibilities by cooperating and contracting among themselves; and
WHEREAS, the City and the District have a history of successful cooperation in the
provision of fire protection services in their respective jurisdictions through the creation of the
PFA, which will be continued by the adoption of an amended and restated Agreement; and
WHEREAS, City staff recommends that the City Council approve and authorize the
execution of the Amended and Restated Intergovernmental Agreement Establishing the Poudre
Fire Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Mayor is hereby authorized to enter into the Amended and Restated
Intergovernmental Agreement Establishing the Poudre Fire Authority in substantially the form
attached hereto as Exhibit “A” and incorporated herein by this reference, with such modifications
or additional terms and conditions as the Mayor, in consultation with the City Manager and City
Attorney, determines to be necessary or appropriate to protect the interests of the City and
effectuate the purposes of this Resolution.
Packet Pg. 289
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of July, A.D. 2014.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Packet Pg. 290
Packet Pg. 291
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 292
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 293
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 294
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 295
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 296
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 297
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 298
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 299
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 300
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 301
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 302
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 303
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 304
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 305
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 306
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 307
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 308
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 309
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Packet Pg. 310
Attachment1: Exhibit A (2122 : PFA IGA - RESO)
Agenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Amy Sharkey, Benefits & HRIS Manager
SUBJECT
First Reading of Ordinance No. 105, 2014 Amending Section 2-581 of the City Code and Setting the
Compensation of the Interim City Attorney.
EXECUTIVE SUMMARY
The purpose of this item is to establish the salary and compensation provided the interim City Attorney while
she serves in this capacity.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council appointed Carrie Daggett as interim City Attorney, effective immediately, via Resolution 2014-057
on July 8, 2014. City Council appointed her to this position with the understanding that her compensation
would be adjusted and that the compensation increase would be made effective with the date of her
appointment as interim City Attorney. The Mayor and Mayor Pro Tem have discussed compensation terms
with her, in consultation with Human Resources Department staff, and each recommend adoption of the
proposed compensation, as set forth in the Ordinance.
Packet Pg. 311
- 1 -
ORDINANCE NO. 105, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS
AND SETTING THE COMPENSATION OF THE INTERIM CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Attorney; and
WHEREAS, the City is committed to compensating its employees in a manner which is
fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, City Attorney, Stephen J. Roy passed away suddenly on July 3, 2014; and
WHEREAS, the City Council, through adoption of Resolution 2014-057, has appointed
Carrie Daggett as the interim City Attorney; and
WHEREAS, this interim appointment will continue in effect until such time as the City
Council officially appoints the new City Attorney or such earlier time as the Council may
subsequently determine to be in the best interest of the City; and
WHEREAS, the City Council agrees that at such time as the interim City Attorney is
relieved of her duties as interim City Attorney, she will be returned to the position of Deputy
City Attorney unless the City Council appoints her as the new City Attorney; and
WHEREAS, the City Council believes, based upon the added responsibilities placed on
the Deputy City Attorney, that the base salary of the interim City Attorney should be established
at the amount of $145,367, per annum, effective July 8, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the interim City Attorney shall be one hundred seventy-
nine thousand ninety-threeone hundred forty five thousand three hundred and sixty
seven dollars ($179,093145,367.) per annum, payable in biweekly installments. Sixty
(60) percent of such sum shall be charged to general government expense, twenty (20)
percent to the City water utility and twenty (20) percent to the City electric utility.
Packet Pg. 312
- 2 -
Section 2. That the effective date of the salary adjustment referred to in Section 1
above shall be July 8, 2014.
Section 3. That the interim City Attorney shall be entitled to compensation at the end
of payroll year 2014 for accrued but unused vacation time in excess of the maximum rollover
limit of 340 hours, not to exceed a total of 120 hours, at a rate of sixty nine dollars and eighty
nine cents ($69.89) per hour, for a maximum payment of eight thousand three hundred eighty
seven dollars ($8,387.).
Section 4. That at such time as the interim City Attorney is relieved of her duties as
interim City Attorney, she will be returned to the position of Deputy City Attorney unless the
City Council appoints her as the new City Attorney.
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 313
Town of Timnath
TIF revenue in lieu
of property tax
Packet Pg. 252
Attachment20.1: History of Poudre Fire Authority (2121 : PFA IGA)
Formatted: Left, Indent: Left: 0.5"
Formatted: Indent: Left: 0"
Formatted: Left, Indent: Left: 0.5"
Formatted: Font: Bold, Underline
Packet Pg. 139
Attachment13.2: Current Fund Balances Policy, with redline and strike through (2027 : Financial Policies Updates)
182+00
183+00
184+00
HORIZONTAL DEFLECTION
STA. 178+72.99,
N 1462757.92
E 3110091.92
HORIZONTAL DEFLECTION
STA. 178+92.99,
N 1462758.66
E 3110111.90
HORIZONTAL DEFLECTION
STA. 179+12.99,
N 1462759.92
E 3110131.86
HORIZONTAL DEFLECTION
STA. 179+32.99,
N 1462761.71
E 3110151.78
42"~22 1/2° BEND
STA. 179+52.99,
N 1462764.02
E 3110171.65
42"~45° BEND
STA. 182+84.37,
N 1462925.30
E 3110461.13
COMBINATION AIR VALVE
WITH VAULT - 12"
(SEE DETAIL SHEET CD3)
STA. 177+66.62,
N 1462758.31
E 3109985.55
HORIZONTAL DEFLECTION
STA. 183+58.14,
N 1462905.12
E 3110532.09
BLOWOFF
(SEE DETAIL SHEET CD2)
STA. 174+38.92,
N 1462759.51
E 3109657.85
5010
5006
5006
5012
5012
5006
5010
5010
5010
A A
B
B
STA: 182+84.37
42"~45° HORIZONTAL BEND
EXISTING GRADE
AT PIPE CENTERLINE
42" PIPE
42" PIPE
PROPOSED GRADE
AT PIPE CENTERLINE
(FILL EXISTING TRENCH AREA TO
PROPOSED GRADE SHOWN.
USE DIRT FROM NEW TRENCH
AREA DESIGNATED ON PLAN VIEW)
STA: 174+38.92
BLOWOFF
STA: 177+66.62
COMBINATION AIR VALVE WITH VAULT - 12"
ARTHUR
DITCH
SEE SHEET C18 FOR
CROSSING DETAIL
CROSSING TO INCLUDE
CONSTRUCTION OF PERMANENT
CONCRETE BOX CULVERT
STA: 179+52.99
42"~22 1/2° HORIZONTAL BEND
STA: 179+70.65
EXISTING TELEPHONE LINE
(ELEVATION UNKNOWN)
TYPE 3
TRENCH
(FOR DIP)
TYPE 3
TRENCH
(FOR DIP)
TYPE 4
TRENCH
(FOR DIP)
FLOW FILL
TOP STA 177+66.62 TRENCH
ARTHUR DITCH
CROSSING BID ITEM
180+75 TO 181+50
5032.87
5031.16
5028.88
5026.58
5025.04
5023.83
5024.44
5026.31
5029.36
5032.47
5033.92
5032.78
5030.28
5036.10
5031.12
5027.15
5021.34
5017.44
5010.99
5014.75
5006.31
5005.04
5003.48
5007.59
5006.70
5005.61
172+00 173+00 174+00 175+00 176+00 177+00 178+00 179+00 180+00 181+00 182+00 183+00 184+00
5010
5020
5030
5040
5
5
5
5
5021.00
5021.00
5021.00
5021.00
5021.00
5021.00
5023.26
1+00 2+00 3+00 4+00 4+70
EXISTING GRADE
PROPOSED GRADE
TRENCH AREA SECTION A
SCALE: 1" = 50'
5010
5020
5030
5040
5010
5020
5030
5040
5029.48
5021.00
5019.44
5+00 6+00 6+63
EXISTING GRADE
PROPOSED GRADE
TRENCH AREA SECTION B
SCALE: 1" = 50'
Reviewed:
Book No.:
Date:
Design/Drawn:
# Date: Description:
Field:
WATER TRANSMISSION
PLAN & PROFILE
172+00 - 184+50
RL
RCS
C15
- -
0
SCALE: 1"=50'
25 50 100
GROUP
www.f-w.com
Engineers | Architects | Surveyors | Scientists
1612 SPECHT POINT ROAD, SUITE 105
FORT COLLINS, COLORADO 80525
(970) 484-7477 / info@f-w.com
Project No.:
05-29-2014
0131430.00
NORTH WELD COUNTY
WATER DISTRICT /
NEWT II WATER
TRANSMISSION
PIPELINE
KEY MAP
EAST LARMIER COUNTY
WATER DISTRICT
4970
4980
5000
4990
5010
5020
5030
5040
4970
4980
5000
4990
5010
5020
5030
5040
MATCHLINE 184+50
SEE SHEET C16
MATCHLINE 172+00
SEE SHEET C14
MATCHLINE 172+00
SEE SHEET C14
MATCHLINE 184+50
SEE SHEET C16
NOTES:
1. CONTRACTOR TO PLACE ONE-FOOT (1') OF COMPACTED CLAY ON
SMALL LATERAL DITCH SIDES AND BOTTOMS TO EXTENTS OF DISTURBED
AREA DUE TO PIPELINE CONSTRUCTION.
2. CONTRACTOR SHALL PLACE TWELVE INCHES (12") OF CLASS 6
AGGREGATE BASE COURSE ON ALL GRAVEL ROAD/DRIVEWAY
CROSSINGS. COMPACTION REQUIREMENTS IN SPECIFICATIONS SHALL BE
MET OR EXCEEDED.
3. CONTRACTOR SHALL MAINTAIN DRAINAGE IN SMALL LATERAL DITCHES
DURING CONSTRUCTION, AND RECONSTRUCT AFTER WATERLINE
CONSTRUCTION. THIS INCLUDES WORKING WITH CULVERTS.
4. ALL MONITORING WELLS SHALL NOT BE DISTURBED DURING
CONSTRUCTION.
DISPOSAL AREA
BID ITEM
ARTHUR DITCH
CROSSING BID
ITEM
"UUBDINFOU1BHFPG
Packet Pg
The lips of all stairs should be highlighted with black and
florescent yellow non-skid tape. High Ops Services
To be completed through
Recreation
$15,000
Atzlan Community
Center
The playground on the East Side of the Center is
approximately 75% fenced. Given the age of the children
using this playground, and its proximity to the Poudre
River, the railroad tracks and the walking / bike trail,
consideration should be given to completely enclosing
the playground and adding two gates on the West side.
High $2,500 Ops Services
7
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Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
Kathy
Henggeler
Option II - VOIP system only $25
per phone extension.
PA
Streets Department
A public address (PA) system should be installed in the
main office, the maintenance facilities and the
maintenance yard, and integrated into the VOIP
telephone system.
High $875
Ops Services /
Kathy
Henggeler
Option II - VOIP system only $25
per phone extension.
PA
City Park Shop
Install a public address (PA) system through out the
building, and in the maintenance yard, integrating it with
the VOIP telephone system..
High $925
Ops & Kathy
Henggeler
Option II - VOIP system only $25
per phone extension.
$6,350
Remodel
RMDL
215 North Mason
Muni Court
A door with an electro magnetic lock should be installed
between the Judges bench and the wall
High $5,000 Ops Services
4
Packet Pg. 81
Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
The Receptionist desks should be equipped with
panic/duress alarms. Camera Call-Up software should be
integrated into the Panic/Duress alarm, so that if the
alarm is activated, it would actuate the closest CCTV
camera which would automatically display the situation
on 5 Staff computers, as well as actuate strobe lights in
those offices.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
$75,200
Public Address Systems
3
Packet Pg. 80
Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
Traffic Department
Panic/duress alarms should be installed at both positions
at the Reception Desk. When activated, the alarm should
activate strobe lights in at least 3-5 offices of Staff
members who are normally on site.
High $5,000 Ops Services
Option II - Panic button
installation to monitoring company
without call-up to camera or
strobe systems.
ALM
Streets Department
Panic/duress alarms should be installed at both
Receptionist positions, which when activated would
activate 3-5 strobe lights in offices of Staff members
normally on site.
High $5,000 Ops Services
2
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Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)
AC = Access Control
ALM = Alarms
PA = Public Address Sys.
PCD = Procedural
SC = Security Camera (CCTV)
SFTY = Safety
More detailed descriptions
of line items are available in
departmental security
assessment available upon
request from Risk
Management.
1
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Attachment8.1: Security High Priority List (2099 : Funding High Priority Security Enhancements)