HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/15/2015 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
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
September 15, 2015
(Revised 9/14/15)
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring September 17 through 23, 2015 as Constitution Week.
B. Proclamation Declaring September 19, 2015, as "Honoring 20 years of the Cemetery Stroll" Day.
C. Presentation of the Historic Preservation Awards.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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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 may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will buzz again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
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. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
City of Fort Collins Page 3
1. Consideration and Approval of the Minutes of the August 11, 2015 Special Council Meeting and the
August 18, 2015 Regular Council Meeting.
The purpose of this item is to approve the minutes from the August 11, 2015 Special Council
Meeting and the August 18, 2015 Regular Council meeting.
2. Second Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General
Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related
Activities.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, refunds the Payment
in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing
Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income
rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in 2014 under a previously
approved Cooperation Agreement and requests that the City return the PILOT to fund needed
affordable housing related activities. The City may spend the PILOT revenues as it deems
appropriate in accordance with law, including remitting the funds to the Authority if the Council
determines that such remittal serves a valid public purpose. The Council has returned the PILOT
payment to the Authority since 1992.
3. Second Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General
Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort Collins
Public Access Network.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, appropriates funds in
the amount of $49,535 from existing PEG reserves to be spent on additional improvements for FC-
PAN’s television studio in the City’s Carnegie Building.
4. Second Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort
Collins Pertaining to City Service Areas.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, updates Service
Area definitions in City Code to reflect structural adjustments needed to clarify organization roles,
and enhance efficiency and effectiveness of the City organization.
5. Second Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended
the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District
Through March 9, 2016.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes a 6-month
extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will
expire on September 9, 2015. A request has been received by a prospective applicant within the
Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six
months to March 9, 2016.
6. Second Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal
Overflow Shelters and Homeless Shelters.
Ordinance No. 110, 2015, unanimously adopted on First Reading on September 1, 2015, adds two
new uses, Seasonal Overflow Shelters and Homeless Shelters. Article Four will be amended to add
these new uses to various appropriate zone districts and Article Three will be amended to add
supplemental regulations and review criteria for Seasonal Overflow Shelters only.
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7. Second Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer
and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes the
conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland on property
located at 4200 County Road 30, in the Fort Collins-Loveland Community Separator. Loveland’s
Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water
historically associated with the land. In addition, Loveland’s Parks and Recreation Department will
contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will
contribute $1.5M towards the purchase price of $3M.
8. Second Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing
the Zoning Classification for that Certain Property Known as the Salud Family Health Center
Rezoning.
This Ordinance, unanimously adopted on First Reading on September 1, 2015, rezones 22.8 acres
located at 1830 LaPorte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low
Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the
Comprehensive Plan (City Plan).
9. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital
Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and
Capital Improvement Expansion Fees.
ITEM POSTPONED TO OCTOBER 6, 2015
The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward
for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013).
The agreement provides Business Investment Assistance for the relocation of Woodward’s
headquarters, as well as an expansion of its manufacturing and office facilities to a new location at
the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and
1,700 primary jobs in the City.
10. Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement.
A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation in Order for the City to Receive Federal
Transportation Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor
Improvements.
B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue
into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal
grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This
project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street
Corridor between Overland Trail and Riverside Avenue. The proposed actions will enable initiation
of the project. $148,250 in local matching funds are available in the previously appropriated Building
on Basics-Bicycle Plan Implementation.
11. First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated
Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All
Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project.
The purpose of this item is to correct a process issue with the language of previously adopted
Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the
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Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated
existing sub-project Business Units and encumbrances. For proper accounting purposes and
accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all
existing Business Unit funds and encumbrances within each Capital Project. This Ordinance
corrects that oversight.
12. Items Relating to Marijuana Code Amendments.
A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of
Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous
Property.
B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of
the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require
a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by
the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or
Intentional Omissions of Pertinent Information.
C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the
City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use
Buildings and Fraternity and Sorority Houses.
D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of
Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other
Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products
Manufacturing Facilities.
The purpose of this item is to clean up various provisions of the City Code related to marijuana. The
City of Fort Collins and local marijuana businesses are just over a year into the licensing and
operational processes, and over the course of this time, the State has enacted new legislation and
staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments
as this industry matures.
13. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle
Regulations.
A. First Reading of Ordinance No. 120, 2015, Adding Part 21 to the Fort Collins Traffic Code
Regulating Bicycles.
B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort
Collins Regarding the Application of the Traffic Calming Surcharge for Bicycle Traffic Infractions.
The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic
Code (the “FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen
understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently
assessed on bicycle tickets.
Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety
goals established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions
regulating bicycles that are currently dispersed sporadically throughout various sections of the FCTC
into a new Part 21 of the FCTC. Part 21 provides a common, easy to read reference both for bicycle
riders and officers enforcing the bicycle laws.
Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on
bicycle tickets.
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14. First Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code
of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and
Commissions in Ad Hoc Review of Additional Issues on Request.
The purpose of this item is to amend the City Code to allow City boards and commissions, upon
request of the City Council or the City Manager, to participate in review and consideration of
specified matters. This will allow participation at "Super Issue" meetings by board and commission
members.
15. Resolution 2015-084 Submitting a Substantial Modification of the Midtown Urban Renewal Plan to
the City's Planning and Zoning Board and to the Poudre School District.
The purpose of this item is for City Council to consider adopting a resolution submitting two
modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”) to the Planning and Zoning
Board (the “P&Z Board”) to review at a future meeting to determine whether these modifications are
in conformity with City Plan. It also submits the modifications to the Poudre School District to review
in an advisory capacity. This Resolution follows the action taken by the Urban Renewal Authority
Board (the “URA Board”) at its September 8, 2015 meeting. One modification would remove the
territory in the Midtown Plan area that is currently not in either of the Midtown Plan’s two approved
tax increment financing district, Prospect South and Foothills Mall (other than the area preserved in
the plan to connect the two tax increment financing districts). The other modification would amend
wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal
project. Adoption of the Resolution will continue the process of modifying the Midtown Plan, which
will require future action by the Council.
16. Resolution 2015-085 Making Appointments to the Youth Advisory Board.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Youth
Advisory Boards due to term expirations and resignations of current members.
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
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
City of Fort Collins Page 7
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 (three 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.
NO DISCUSSION ITEMS ARE SCHEDULED.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
B. Council will consider a motion to call a special meeting for 6:00 p.m., Tuesday, September 29,
2015.
ADJOURNMENT
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.
A Council work session will be held in the CIC after the Regular Meeting is adjourned.
PROCLAMATION
WHEREAS, it is the privilege and duty of the American people to commemorate the
anniversary of the drafting of the Constitution of the United States of America with appropriate
ceremonies; and
WHEREAS, September 17, 2015 marks the two hundred and twenty-eighth anniversary
of the drafting of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
which will commemorate the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by
the President of the United States of America, designating September 17 through 23 as
Constitution Week.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim September 17 through 23, 2015 to be
CONSTITUTION WEEK
in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in
1787.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, Grandview Cemetery has been the resting place of those who have been
honored by the Fort Collins Cemetery Stroll; and
WHEREAS , the Fort Collins Cemetery Stroll is Fort Collins' longest running living
history event and is sponsored by the Fort Collins Senior Center and Grandview Cemetery; and
WHEREAS, the Cemetery Stroll is celebrating its twentieth year of honoring Fort
Collins citizens who have made a contribution to our City's varied and captivating history; and
WHEREAS, this year's theme for the Cemetery Stroll is: Highlights of the Cemetery
Stroll: 20 Years of Honoring Fort Collins' Past.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim September 19, 2015 as:
HONORING 20 YEARS OF THE CEMETERY STROLL DAY
in the City of Fort Collins and we encourage the citizens of this community to honor those who
went before us, by attending our City's longest running living history event, the Cemetery Stroll,
held at the Grandview Cemetery and sponsored by the Fort Collins Senior Center and Grandview
Cemetery .
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the August 11, 2015 Special Council Meeting and the August 18,
2015 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the August 11, 2015 Special Council Meeting and the
August 18, 2015 Regular Council meeting.
ATTACHMENTS
1. August 11, 2015 (PDF)
2. August 18, 2015 (PDF)
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City of Fort Collins Page 188
August 11, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
CALL TO ORDER
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
COUNCILMEMBER REPORTS
Councilmember Martinez attended an event for Neighborhood Night Out in Buckingham Estates
where backpacks were distributed to students.
Mayor Troxell noted over 100 events were held across the city for Neighborhood Night Out.
Councilmember Cunniff stated a bike forum held on August 6 was well attended with discussion
about the Bike Plan and enforcement of biking regulations.
Executive Session Authorized.
Councilmember Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session pursuant to City Code Section 2-31(a)(1)(d), to consider and discuss strategy
matters relating to negotiations with employee groups, including unions.
RESULT: EXECUTIVE SESSION AUTHORIZED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 7:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: August 11, 2015 (3561 : Minutes-8/11, 8/18)
City of Fort Collins Page 189
August 18, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated the hearing on a ballot language protest filed by Eric Sutherland
will be held at the beginning of Item No. 25, Items Relating to the Special Municipal Election to
be Held in Conjunction with the November 3, 2015, Larimer County Coordinated Election,
Including a Public Hearing to Consider Any Timely Filed Protest Under Code Section 7-156 to
Challenge the Ballot Title or Submission Clause Proposed in Resolution 2015-078.
CITIZEN PARTICIPATION
Christine Hayes, Human Relations Commission, presented a summation of the Commission’s
work regarding mental health issues. Additionally, she stated the Commission is taking award
nominations until October 15.
Mike Pruznick shared his perspective on the triple bottom line and requested that Council
reconsider its position on the triple bottom line.
Eloise Emery, Affordable Housing Board, discussed how development water fees affect
affordable housing and requested Council support uniform development water fees.
Betsy Pruznick opposed unclear advertising regarding MAX service on Sundays for special
events.
Aria Khoscavi discussed moving his hookah business and meeting City standards for its
certificate of occupancy. He requested an amendment to the smoking ordinance to allow indoor
smoking at retail tobacco stores.
Rebecca Sorber discussed the City’s meeting regarding destructive behavior in the downtown
area. She expressed concern regarding the survey presented at the meeting, as any of the
presented solutions will negatively affect the homeless community more than any other.
Avery Franklin stated all individuals deserve a chance to exist throughout the city. He also
discussed the importance of climate justice.
Lynn Thompson, Fort Collins Homeless Coalition, expressed concern regarding the City’s
approach to disruptive behaviors in the downtown area. She opposed the shared public spaces
ordinance. She stated criminalization is not a solution to homelessness.
Sandy Lemburg expressed concern regarding the City’s approach to disruptive behaviors in the
downtown area.
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 190
Cheryl Distaso, Fort Collins Community Action Network, opposed the movement toward a sit-
lie ordinance and requested the City completely disregard the survey.
Brittany Hoaglund opposed the City’s public indecency ordinance stating it is discriminatory.
John Mark expressed disappointment in the dysfunctional relationship the City and Council have
with the city’s homeless population.
William Montgomery opposed the three-unrelated ordinance and the City’s approach to the
homeless community.
Zach Humbert advocated for the homeless population and opposed the City’s approach to the
homeless community.
Kendra Humbert advocated for the homeless population and opposed the sit-lie ordinance.
David Montgomery opposed the three-unrelated ordinance and the City’s approach to the
homeless community.
Joe Rowan stated the City is exacerbating problems regarding the downtown area.
Marlo Owens opposed allowing toplessness in the city.
Damien Diaz opposed allowing toplessness in the city.
Chastity (no last name given) opposed allowing toplessness in the city.
Thomas Edwards, Fort Collins Bicycle Coalition, discussed the increase in poor behavior by
cyclists and discussed the need for additional law enforcement.
Samantha Six supported allowing topless equality in the city.
Michael Cugales opposed the sit-lie ordinance.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez asked about the $71,000 fines mentioned by Mr. Montgomery. City
Manager Atteberry stated Mr. Montgomery could meet with Deputy City Manager Mihelich to
discuss his issue.
Councilmember Stephens stated the meeting regarding disruptive behaviors in the downtown
area provided an opportunity for community members to discuss their thoughts relating to
proposed solutions. None of the options have been decided upon but Council and staff are
committed to working on the issue.
Councilmember Overbeck suggested Mr. Montgomery be directed toward the Special Agency
Court. Additionally, the City is working through a process regarding the homelessness and
harassment issues.
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 191
Councilmember Cunniff requested additional follow-up regarding Mr. Rowan’s comments about
costs for survey preference choices.
Councilmember Campana discussed the importance of the homelessness issue, as well as issues
relating to aggressive behavior in the downtown area, to both Council and staff.
Mayor Pro Tem Horak noted Council directed staff to look into the development water fees as
mentioned by Ms. Emery.
Mayor Troxell thanked the speakers and stated Council is listening to citizen input.
Councilmember Martinez requested information regarding Mr. Khoscavi’s comments. Mayor
Pro Tem Horak replied this issue will be taken care of with Agenda Item No. 14, First Reading
of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Pertaining to Smoking in Public Areas.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items on the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the July 7 and July 21, 2015 Regular Council
Meetings and the July 14 and July 28, 2015 Adjourned Council Meetings. (Adopted)
The purpose of this item is to approve the minutes from the July 7 and July 21, 2015 Regular Council
meetings and the July 14 and July 28 Adjourned Council meetings.
2. Second Reading of Ordinance No. 084, 2015, Appropriating Prior Year Reserves in the Capital
Projects Fund to Award Landscaping Contracts for the Building on Basics (BOB) Intersection
Improvements Project, Specifically for the Horsetooth Road and Timberline Road Intersection
and the Vine Drive and Shields Street Intersection, and Transferring Appropriations to the
Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2015, appropriates $700,000 of
available Building on Basics funds into the Building on Basics Intersection Improvements Project to
award landscaping and irrigation contracts for the Horsetooth/Timberline and Vine/Shields
Intersection Improvements Projects. Initial project budgets for these two intersections were
established in 2012. Both of these intersections are currently under construction. Between
conceptual planning in 2012 and construction in 2015, landscaping and irrigation construction prices
have risen between 30% and 50%. This appropriation will allow staff to make the projects whole by
awarding and constructing the landscape and irrigation packages for both intersections.
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 192
3. Second Reading of Ordinance No. 085, 2015, Authorizing the Transfer of Previously
Appropriated Funds in the Wastewater Fund from the Collection System Replacement Project
to the Water Reclamation Replacement Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2015, transfers $350,000 in the
Wastewater Fund from the Collection System Replacement Project to the Water Reclamation
Replacement Project. This transfer would be used for unanticipated equipment replacement at the
Drake Water Reclamation Facility.
4. Second Reading of Ordinance No. 086, 2015, Amending Chapters 17 and 23 of the Code of
the City of Fort Collins to Create an Exception for the Possession and Discharge of Firearms
for a City-Managed Pronghorn Hunting Program on Soapstone Prairie Natural Area.
(Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2015, amends City Code to
facilitate a limited pronghorn hunting season at Soapstone Prairie Natural Area (SPNA). The
Soapstone Prairie Natural Area Management Plan (2007) identified pronghorn hunting as a potential
recreation activity at SPNA. Over the last few years, Natural Areas has worked in collaboration with
Colorado Parks and Wildlife (CPW) and Larimer County’s Natural Resources Department to explore
and develop a potential approach to pronghorn hunting on Soapstone Prairie Natural Area (SPNA)
and the County’s Red Mountain Open Space (RMOS) that could begin in 2016. Hunting access to
SPNA and RMOS would provide an additional recreation opportunity to the community, assist CPW
in maintaining pronghorn population objectives, and support the respective management plans of the
properties. Changes to City Code are necessary to allow for the carry and discharge of firearms
when participating in the hunting season on City-owned property. The specific program parameters
will be adopted administratively by the Natural Areas Department.
5. Second Reading of Ordinance No. 087, 2015, Vacating Right of Way as Dedicated on the
Timbervine Plat. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2015, vacates right-of-way that
was dedicated on the Timberline plat located west of Timberline Road and north of International
Boulevard. Lager Street, Lambic Street, Bock Street, Macinac Street, Saison Street, Stout Street,
Dunkel Street, and Mexico Way right-of-way is no longer necessary or desirable to retain for street
purposes. The property is proposed to be replatted as Timbervine Second Filing, which was
approved through an Administrative Hearing on June 18, 2015.
6. Second Reading of Ordinance No. 088, 2015, Designating the Ault/Thode Property, 714 West
Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 21, 2015, authorizes landmark
designation for the Ault/Thode Property at 714 West Mountain Avenue. The owner of the property,
Henry Thode III, is initiating this request
7. First Reading of Ordinance No. 091, 2015, Appropriating Unanticipated Grant Revenue into
the Recreation Fund for the Aging Mastery Program at the Fort Collins Senior Center.
(Adopted)
The purpose of this item is to appropriate grant funds in the amount of $7,500 received from the
National Council on Aging to support a yearlong Aging Mastery Program at the Fort Collins Senior
Center. The Aging Mastery Program has been designed by the National Council on Aging and
empowers older adults to make and maintain small but impactful changes in their behaviors. The
Program consists of two components, the Aging Mastery Academy and AMP Clubs, both of which
will be planned and programmed at the Fort Collins Senior Center.
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8. First Reading of Ordinance No. 092, 2015, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities, Tourism Programming, and the Fort Collins Convention and Visitors Bureau.
(Adopted)
The purpose of this item is to appropriate $392,184 of which $123,448 is for 2015 Cultural
Development and Programming Activities (Fort Fund), $38,007 is for 2015 Tourism Programming
(Fort Fund), and $230,729 is for 2015 Fort Collins Convention and Visitors Bureau (CVB) activities
from Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the
General Fund Lodging Tax Reserves. Lodging Taxes for 2014 were estimated at $975,000 and
actual Lodging Tax revenues collected equaled $1,304,612.
9. First Reading of Ordinance No. 094, 2015 Appropriating Unanticipated Grant Revenue in the
General Fund and Appropriating Funds From the Community Development and
Neighborhood Services Operating Budget for the Restorative Justice Program. (Adopted)
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within
Community Development and Neighborhood Services. A grant in the amount of $56,192 has been
received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the
continued operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other
offenses.
10. First Reading of Ordinance No. 095, 2015, Appropriating Grant Revenue into the Light and
Power Fund for the Integrated Utility Services (IUS) Project. (Adopted)
The purpose of this item is to appropriate $125,000 in grant revenues from the American Public
Power Association into Fort Collins Utilities Light and Power Operations fund to pilot an enhanced
delivery structure for energy efficiency and renewable energy projects. The project will be
implemented through the Efficiency Works Home program in collaboration with Platte River Power
Authority. Matching funds will come from existing appropriations in Resource Conservation and
incorporate an additional $25,000 from Platte River.
11. First Reading of Ordinance No. 096, 2015 Amending to Ordinance No. 090, 2010 Relating to
the City of Fort Collins Downtown Development Authority Taxable Tax Increment Revenue
Bonds, Series 2010A, and Tax-Exempt Tax Increment Revenue Bonds, Series 2010B, to
Reduce the Respective Interest Rates on Such Bonds. (Adopted)
The purpose of this item is to amend the Downtown Development Authority’s (DDA) 2010 bond
series reducing the spread on the rate adjustment date. The DDA’s 2010 bond series is set for a rate
adjustment at the 5-year mark in 2015. Great Western Bank, the bond series purchaser, has offered
a rate reduction resulting in an estimated savings of $143,000 in interest expense over the remaining
5-year life of the bonds. This adjustment would be executed through an amendatory ordinance
encompassing each bond, Series 2010A (Taxable Tax Increment Revenue Bonds) and Series
2010B (Tax-Exempt Tax Increment Revenue Bonds). Currently these bonds are to reset at 4.5%
over the 5 year U.S. Treasuries, the amendments would reduce the spread on the two series to 3.5%
over the 5 year U.S. Treasuries on Series 2010A and 4.25% on Series 2010B.
12. First Reading of Ordinance No. 090, 2015, Amending Chapter 23 of the Code of the City of
Fort Collins with Regards to Facility and Property Naming Policies. (Adopted)
The purpose of this item is to consider amendments to the policy for naming City-owned facilities.
Proposed amendments seek to clarify opportunities for public input and the process for selecting
facility names. Staff recommendations include adding a preference for using natural feature names
for City natural areas, removing the City Council ad hoc naming committee and the ability to name
facilities for living people other than donors. In place of a City Council committee, staff recommends
that the department responsible for managing the property or facility to be named conduct a public
input process and that each site receive a historical review to help solicit possible names.
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13. First Reading of Ordinance No. 097, 2015, Amending Provisions in Articles III and IV of City
Code Chapter 25 Concerning the Exemption of Charitable Organizations from the City's Sales
and Use Tax and Lodging Tax. (Adopted)
The purpose of this item is amend the definition of “charitable organization” as used in the City
Code’s sales and use tax and lodging tax provisions in order to mitigate the impact of current
Colorado case law on a substantial number of the City’s current tax exempt charitable organizations.
Colorado case law was recently discovered to have a substantial impact on staff’s interpretation of
the charitable organization definition. Code changes related to the City’s sales and use taxes were
discussed with the Council Finance Committee on June 23, 2015, and the Committee concurred with
the recommendation and supported staff bringing an ordinance to Council.
14. First Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of
the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted)
The purpose of this item is to revise the current Smoking in Public Places Ordinance to include
exemptions for retail tobacco establishments within the Downtown Smoke-Free Zone and for City
facility users who smoke on City premises in a fully enclosed, privately-owned vehicle, as well as
clarification on the City-owned or maintained sidewalks that are intended to be covered by the
provisions in the Ordinance.
15. Items Relating to Traffic Code Amendments Regarding Accommodation of Low-speed
Electric Vehicles and Parking Regulations. (Adopted)
A. First Reading of Ordinance No. 103, 2015, Amending Section 1410.1 of the Fort Collins Traffic
Code Allowing Low-Speed Electric Vehicles.
B. First Reading of Ordinance No. 104, 2015, Amending Section 1205 and 1205.5 of the Fort Collins
Traffic Code Amending Parking Restrictions.
The purpose of this item is to amend several sections of the Fort Collins Traffic Code. The
amendment to Section 1410.1 will permit low speed electric vehicles on certain City streets. Section
1205 is proposed to be amended to permit parking configurations that will accommodate the
potential for parking-protected bike lanes and back-in angle parking.
16. Items Relating to the Kechter Farm Second Filing Annexation and Zoning (Adopted)
A. Resolution 2015-073 Setting Forth Findings of Fact and Determinations Regarding the Kechter
Farm Second Filing Annexation.
B. Hearing and First Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter
Farm Second Filing Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm
Second Filing Annexation to the City of Fort Collins.
The purpose of this item is to annex and zone 78.58 acres platted and approved in Larimer County
as Kechter Farm Second Filing. The Initiating Resolution was adopted on July 7, 2015. There are
three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil
Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N,
Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban
Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area
Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management
Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land
use approval in the County and are then to be annexed prior to the issuance of building permits.
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17. First Reading of Ordinance No. 101, 2015, Amending Ordinance No. 081, 2003, to Rename the
Wiggins House and Garage at 1009 West Mountain Avenue, Fort Collins, Colorado, as the
Wiggins/Taylor Property Pursuant to Chapter 14 of the Code of the City of Fort Collins.
(Adopted)
The purpose of this item is to rename the Landmark property at 1009 West Mountain Avenue,
currently known as the Wiggins House and Garage, to the Wiggins/Taylor Property, in recognition of
long-time owner Patricia Taylor.
18. First Reading of Ordinance No. 102, 2015, Designating the Schlichter/Akin/Smith Property,
1312 South College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins. (Adopted)
The owner of the property, MaOlPh LLC, is initiating this request for Fort Collins Landmark
designation of the Schlichter/Akin/Smith Property at 1312 South College Avenue.
19. Resolution 2015-074 Approving an Exception to the Use of a Competitive Purchasing Process
for a Hydrostatic Tractor with Aerator Manufactured by Brown Bear Corporation for the Fort
Collins Water Treatment Facility. (Adopted)
The purpose of this item is to request an exception to the competitive purchasing process for a
Brown Bear brand 400 Hydrostatic Tractor with Aerator for the Fort Collins Water Treatment Facility.
This specialized equipment is required to process byproduct from the Water Treatment Facility and
will replace a 28-year old machine that has reached the end of its useful life.
Exception to Competitive Bidding Rationale:
City Code Section 8-161(d)(1)(a) authorizes the City’s Purchasing Agent to award a contract without
competition, if there exists only one (1) responsible source.
20. Resolution 2015-075 Authorizing the Execution of a Mineral Non-Development Lease at
Soapstone Prairie Natural Area with the State Land Board. (Adopted)
The purpose of this item is to authorize the Execution of a Mineral Non-Development Lease at
Soapstone Prairie Natural Area with the State Land Board.
21. Resolution 2015-079 Adopting an Updated Economic Health Policy. (Adopted)
The purpose of this item is to approve an update to the Economic Health Policy. The Fort Collins
City Council has adopted Financial Management Policies pursuant to the provisions of Article V,
Section 12 of the City Charter, to guide the administration, management, deposit and investment of
City funds. In addition, City Council and staff have committed to regularly review and update these
Financial Management Policies. The current Economic Development financial policy was last
updated in 1999. Staff presented revisions to Council Finance Committee on May 18 who approved
the changes and recommended bringing the policy to the City Council. The bulk of the new policy
comes from documents previously approved by City Council in recent years. The new financial policy
will replace the existing policy in its entirety.
22. Resolution 2015-076 Authorizing One or More Intergovernmental Agreements With Other
Colorado Cities for Special Legal Counsel Services. (Adopted)
The purpose of this item is to authorize an updated intergovernmental agreement with the Cities of
Loveland and Greeley and the Town of Windsor for special legal services.to be used in the event
that a conflict of interest or other similar circumstance prevents the City Attorney or members of her
office from representing the City in a particular matter. The Resolution also authorizes
intergovernmental agreements in a similar form with other municipalities.
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23. Resolution 2015-077 Appointing Two Representatives to the Colorado Municipal League
Policy Committee. (Adopted)
The purpose of this item is to appoint Councilmember Ray Martinez and City Manager Darin
Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff thanked staff for work on Item No. 12, First Reading of Ordinance No.
090, 2015, Amending Chapter 23 of the Code of the City of Fort Collins with Regards to Facility
and Property Naming Policies. Additionally, he requested additional discussion regarding how
Council’s policy agenda feeds into the Colorado Municipal League policy agenda regarding Item
No. 23, Resolution 2015-077 Appointing Two Representatives to the Colorado Municipal League
Policy Committee.
Councilmember Martinez requested a follow-up memo regarding Item No. 14, First Reading of
Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Pertaining to Smoking in Public Areas.
City Manager Atteberry suggested he and Councilmember Martinez attend a Legislative Review
Committee meeting in order to ensure they are in sync with the Committee in terms of the
Colorado Municipal League Policy Committee.
STAFF REPORTS
Kurt Friesen, Director of Park Planning and Development, provided an update regarding the
City's paved trail construction and showed slides of current and recently completed trail projects.
Repairs are planned for trail areas which have been affected by flooding. Friesen also discussed
the newly completed and relocated English Ranch Community Garden.
Mayor Pro Tem Horak noted the TAP funds are from the North Front Range Transportation Air
Quality Metropolitan Planning Organization. He asked about the height of the trail connection
on the Mulberry bridge. Friesen replied that piece of trail remains under construction.
Councilmember Cunniff asked about the BNSF trail underpass. Friesen replied the underpass is
the first priority; however, approval from the railroad is necessary prior to construction. The cost
of that project will determine how much of the trail segment will be able to be completed.
City Manager Atteberry asked if an interim connection can be made for localized neighborhood
pedestrian and bike traffic. Friesen replied those connections could be examined; however, those
specific connections are not a priority.
Kevin Beach, Adams County IT Director and Colorado Government Association of Information
Technology (CGAIT), presented an Exceptional Customer Service Award to the City's IT
Department for its work order automation system.
City Manager Atteberry commended the efficiency and effectiveness of the City's IT department
and Dan Coldiron's leadership.
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CITY ATTORNEY DAGGETT'S RECOGNITION OF DEPUTY CITY ATTORNEY ECKMAN
City Attorney Daggett stated this will be the final Council meeting for Deputy City Attorney
Eckman who is retiring in September after 35 years of service to the City.
Councilmember Martinez commended Deputy City Attorney Eckman and thanked him for his
service to the City.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on his tour of the new Woodward Governor site with
Councilmember Stephens.
Councilmember Campana reported on a White House conference call regarding “It’s On Us"
which deals with reducing sexual assault at Universities. He discussed his interest in expanding
the initiative communitywide and stated Fort Collins will become the first community in the
United States to be an "It's On Us" community.
Mayor Troxell reported on the first meeting of the Northern Colorado Regional Airport
Commission, which is a more functional organizational structure for the Fort Collins-Loveland
Airport than the previous structure.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
24. Consideration of an Appeal Regarding the Decision of the Administrative Hearing Officer
Decision to Approve the River Modern Project Development Plan. (Administrative Hearing
Officer Decision was upheld, with conditions)
The purpose of this item is to consider an Appeal of the Administrative Hearing Officer’s July 10,
2015 Hearing Decision to Approve the River Modern Project Development Plan. On July 20, 2015,
Max D. Oesterle et al., filed a Notice of Appeal on grounds that the Decision Maker made the
following error:
• Failure to properly interpret and apply relevant provisions of the Land Use Code (“LUC”), and
particularly LUC Sections 3.4.1(E)(2)(a) and (c) and 3.5.1(B),(C), (D) and (E).
Mayor Troxell discussed Council’s role as a quasi-judicial body.
City Attorney Daggett stated this hearing is pursuant to Chapter 2 of the City Code and reviewed
the process for the hearing.
Mayor Troxell reviewed the time allotments and procedures for the hearing.
Tom Leeson, Interim Director of Community Development and Neighborhood Services, stated
this project was previously approved by the Hearing Officer and briefly discussed the project.
He stated the appeal was filed based on the grounds the Hearing Officer failed to properly
interpret relevant Land Use Code provisions. He detailed those provisions, four of which are
related to building standards and compatibility and one of which is related to the placement of a
detention pond within the buffer area.
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Mayor Troxell noted Councilmember Martinez was asked by the appellants to recuse himself
from this discussion. Councilmember Martinez stated he does not perceive a conflict of interest
regarding this project and stated he has no memory of the conversation referenced in the request
submitted by the appellants.
Mayor Troxell requested site visit attendees discuss observations made and discussions held at
the site visit.
Councilmember Cunniff stated he examined the context of the project and held conversations
regarding property lines and grading as well as restoration plans for the settling pond.
Councilmember Overbeck stated he inquired about the settling pond.
Councilmember Campana stated the visitors to the site visit examined property lines and existing
fences and structures and discussed revegetation and water quality pond and connective trail
locations.
Mayor Troxell stated he asked about the connectivity of the trail along Spring Creek. He noted
no additional exhibits for this item were included in the Council agenda packet and asked if any
parties-in-interest have procedural objections or questions.
Kendra Bartley stated she was at the site visit and noted the City Attorney distributed a reminder
of procedures which precluded the applicant, appellants, or members of the public from
speaking, asking questions, responding to questions, or otherwise provide input. She stated that
was violated as several questions were asked of the developer.
Lucia Liley, attorney representing the applicant, stated responses to Council questions were
referred by City staff to one of the applicant’s team members. Additionally, her understanding is
that all of the questions were of a factual nature and not related to the merits of the appeal.
Councilmember Cunniff recalled some questions of a factual nature which were answered by the
applicant.
Max Oesterle stated he was present at the site visit and requested the rules of the site visit be read
for the record. He stated questions were asked related to buffer zone and floodplain boundaries,
the water quality pond and native plantings. He argued City staff did not follow the stated rules
for conducting the site visit as the applicant was asked questions. Additionally, Mr. Oesterle
stated Council was provided with biased information at the site visit and requested a new
unbiased site visit be completed before the hearing is held.
Councilmember Martinez requested City Attorney Daggett address the site visit rules. City
Attorney Daggett replied site visits have occasionally become opportunities for parties-in-interest
to lobby Councilmembers or provide them with additional information; therefore, staff has begun
advising site visit participants that interactions should be limited and the purpose of the site visit
is for Councilmembers to view the site and ask specific questions related to the physical
characteristics of the site.
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Councilmember Campana suggested improvements could be made to the advisement language in
the future; however, the intent of the site visit is to obtain visual facts. He noted every question
and response thereto is in the public record.
Councilmember Cunniff asked the appellants if they could prove biased information was
presented at the site visit. An unidentified appellant replied a bias existed because the developer
was the only party allowed to answer all of the questions. The appellants and members of the
public were told they were not allowed to speak.
Mayor Troxell recommended the appellants continue to address the issue during their
presentation.
Mr. Oesterle objected to Mayor Troxell’s recommendation and requested his objection be part of
the record.
Councilmember Martinez requested the rules which were given to the site visit participants be
read into the record. City Attorney Daggett read the rules which were distributed at the site visit,
after which she expressed her agreement with Ms. Liley stating the purpose of the process is to
avoid inappropriate conversations about the appeal. She stated the questions asked and answered
at the site visit were not a violation of a City ordinance or statute.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Mayor Troxell noted Council has been provided with the language previously read by City
Attorney Daggett.
APPELLANT PRESENTATION
Kendra Bartley discussed the Spring Creek corridor and its wildlife and stated the area must be
protected. She discussed the applicant’s plan for a water quality pond, stating it is within the
buffer zone of Spring Creek and this type of development is not allowed per the Land Use Code.
She stated the Hearing Officer did not address the issue of digging and regrading within the
buffer zone in his decision. She requested Council honor and apply the Land Use Code as
written and intended.
Mr. Oesterle stated relevant law was not properly interpreted and applied with regard to privacy
considerations. A four to six-foot fence and planned balconies will not minimize infringement
on the privacy of adjoining land. No attempt has been made to step down the height of proposed
buildings on the east and west sides and the proposed development lacks compatibility with the
existing neighborhood.
Shen Gruber stated the overriding objection to this project is density and its resulting issues. The
existing neighborhood’s character is neither consistent nor compatible with the proposed
development and cited various Land Use Code sections supporting his argument. Mr. Gruber
showed slides of height comparisons of the proposed buildings to existing structures. He
requested Council not allow the project to move forward until a comprehensive study
establishing existing building heights has occurred and until a defensible determination can be
established regarding the sensible height and massing of the proposed structures.
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Mr. Oesterle stated the appellants did not speak at the site visit, though the applicants did. He
stated thirty-six neighbors have signed a document in opposition to the project.
APPLICANT PRESENTATION
Ms. Liley stated the water quality basin will clean water prior to its entering Spring Creek. The
basin will be approximately three feet deep with graded, natural looking slopes that will mimic a
natural basin. The basin needs to be sited as close as possible to the Spring Creek channel in
order to capture the maximum amount of water coming from the development and the buffer
area itself. The Land Use Code allows exceptions for buffer area disturbances for several
reasons and this project qualifies for two: a stormwater utility installation and in mitigation of
development activities. Three other water quality basins have been approved within the vicinity
of this project, all within the Spring Creek buffer. Ms. Liley noted the existing buffer is
predominately non-native grasses and stated this project will utilize only native plantings.
Ms. Liley discussed allowed uses of the LMN zone district, which include single-family attached
dwellings such as those in this project. Neighborhood meetings were not required for this
project; however, the developer held two such meetings which resulted in various site plan
changes. She detailed the appeal allegations and discussed the ways in which the project meets
the Land Use Code requirements relating to outdoor space, building height and materials, and
privacy.
Justin Larson, architect, stated the materials of the proposed development are varied and the site
includes external circulation in order to bring the buildings to the interior of the site. He showed
slides of the proposed development as it will interact with the existing neighborhood.
Becky Praamsma, Riversong Waldorf School Executive Director, discussed the history of the
school in the neighborhood.
An unidentified audience member objected to the evidence being presented by Ms. Praamsma as
not relevant to the Land Use Code.
Ms. Praamsma stated she is speaking in support of the project.
Ms. Liley stated Ms. Praamsma is a party-in-interest and noted the school will be part of the
project.
Ms. Praamsma discussed the benefits to the school of its movement to the existing home on the
River Modern property.
APPELLANT REBUTTAL
Kendra Bartley argued the Waldorf School evidence was new. The proposal has too much
density which is causing the need to encroach into the buffer zone with the water quality basin.
Linda Vrooman expressed concern regarding parking and traffic impacts resulting from the
proposed development. She opposed the development as proposed.
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Mr. Gruber argued there is an established neighborhood character related to single-family uses
and lower building heights than those proposed.
Mr. Oesterle stated photos shown by the applicants are not adjacent to the property.
Tammy Preston expressed concern regarding traffic in the area.
Kathleen Quinn stated the applicant's slides are misleading.
APPLICANT REBUTTAL
Ms. Liley stated the farther into the site the water quality basin is moved, the less water will be
able to be treated from the development and the upper buffer area. Parking and traffic issues will
not be discussed because those issues were not part of the appeal. In terms of architecture, Ms.
Liley acknowledged there is established architecture; however, there is no consistent architecture
and therefore nothing to mimic in terms of materials or height.
Mr. Larson stated the eclectic nature of the neighborhood provides an opportunity for unique
architectural development per the Land Use Code.
Ms. Liley clarified the tallest building in the development will the 35 feet, 9 inches.
COUNCIL DISCUSSION
Mayor Troxell discussed the issues of the appeal and reminded the audience what Council can
and cannot consider.
Councilmember Cunniff stated the site visit could possibly have been viewed as having involved
ex parte contact with the developer. He asked what the cure for such a situation would be,
should that have been the case. City Attorney Daggett replied there are two concerns relating to
ex parte contacts: that certain parties were hearing the communication and other parties were not
able to hear that same communication, and whether the information that is provided is entered
into the record of the hearing and if that becomes a basis for Council's decision.
Councilmember Overbeck asked where the tallest building will be situated on the site. Mr.
Larson replied it is in the interior of the site on the west side.
Councilmember Overbeck asked if additional trees could be planted to help mitigate the impact
of the taller building. Roger Sherman, BHA Design, replied there is the need for a balance in
terms of blocking sunlight and privacy. Ms. Liley stated the applicant would be willing to plant
additional trees should that be desired by the neighbors.
Councilmember Overbeck asked about the height of the proposed school. Mr. Sherman replied it
is a one and a half story building currently existing on the property and the height will not
change.
Councilmember Cunniff asked about the building closest to the single-family homes and whether
or not that interaction is a concern for the appellants. Mr. Gruber replied that building is a
concern as are the heights of all the proposed buildings.
Councilmember Cunniff asked if the balcony on this particular building is a necessary design
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component. Mr. Larson replied the goal of the project is to provide multiple outdoor spaces. He
stated this unit is unlike any other in the development; therefore, removing the balcony would
not necessarily be a detriment.
Councilmember Cunniff stated the issue related to the water quality basin seems to be rather
straightforward in terms of its compatibility with the Land Use Code. He noted Council is
required to interpret the Code as written, not as Councilmembers may wish it were written.
Additionally, he agreed flexibility regarding building materials is allowable. He expressed
concern regarding privacy and suggested the possibility of a modification to remove the balcony
previously discussed.
Councilmember Campana agreed with Councilmember Cunniff's modification suggestion,
stating the compromise seems to be amenable to both sides.
Mayor Pro Tem Horak asked what else could be done relating to buffering and privacy. Mr.
Larson replied the applicant has offered to meet with neighbors regarding the look of the fencing
and would also be willing to have discussions relating to vegetation and plantings.
Councilmember Campana suggested requiring the applicant to exceed the tree standard by a
certain percentage.
Councilmember Cunniff suggested the language regarding fencing be used to address
landscaping as well.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Mayor Troxell requested staff input regarding typical language for landscaping requirements.
Cameron Gloss, Planning Manager, replied staff suggests a 25% increase in the number of
columnar trees on the east and west property lines.
Councilmember Cunniff asked if such a requirement would be acceptable by the applicant. Ms.
Liley replied in the affirmative.
City Attorney Daggett read a suggested motion: to uphold the decision of the Hearing Officer to
approve the project with the modification to improve compliance with the privacy considerations
of Land Use Code Section 3.5.1(d) to require, in addition to the conditions required by the
Hearing Officer, removal of the high balcony on the west side of building number one, and that
the applicant work with staff to enhance the landscaping plan for the project to increase the
number of columnar trees along the east and west property boundaries by 25%, and further that,
except as so stated, based on the evidence in the record and presented at this hearing, this appeal
is hereby found to be without merit and denied.
Mayor Pro Tem Horak suggested the language should include "the applicant will work with staff
to enhance the landscaping."
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to uphold the
decision of the Hearing Officer to approve the project with the modification, to improve
compliance with the privacy considerations of Land Use Code Section 3.5.1(d), to require, in
addition to the conditions required by the Hearing Officer, removal of the high balcony on the
west side of building number one, and that the applicant, working with staff, enhances the
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landscaping plan for the project to increase the number of columnar trees along the east and west
property boundaries by 25%, and I further move that, except as so stated, based on the evidence
in the record and presented at this hearing, this appeal is hereby found to be without merit and
denied.
Councilmember Cunniff requested clarification regarding the 25% figure. Gloss replied that
would be a 25% increase over the number of trees provided on the approved Project
Development Plan.
Councilmembers Cunniff and Campana added to the motion language relating to the 25% being
in excess of the number of trees provided on the approved plans.
Mayor Pro Tem Horak noted any speakers who spoke previously were allowed to speak;
however, he noted Council only considers information relevant to the appeal itself.
RESULT: HEARING OFFICER DECISION UPHELD, WITH CONDITIONS [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
25. Items Relating to the Special Municipal Election to be Held in Conjunction with the November
3, 2015, Larimer County Coordinated Election, Including a Public Hearing to Consider Any
Timely Filed Protest Under Code Section 7-156 to Challenge the Ballot Title or Submission
Clause Proposed in Resolution 2015-078. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 089, 2015, Calling a Special Municipal Election to Be Held in
Conjunction with the November 3, 2015 Larimer County Coordinated Election.
B. Resolution 2015-078 Submitting to the Registered Electors of the City A Ballot Title and
Submission Clause for a City-Initiated Question Authorizing the City to Provide Directly, and/or
Indirectly with Public and/or Private Sector Partners, High-Speed Internet Services,
Telecommunication Services, and/or Cable Television Services Within the City Of Fort Collin’s
Growth Management Area, as Permitted by Title 29, Article 27 of the Colorado Revised Statutes
(SB05-152), to be Presented at the November 3, 2015 Larimer County Coordinated Election.
Ordinance No. 089, 2015, unanimously adopted on First Reading on July 21, 2015, calls a Special
Municipal Election to be held in conjunction with the November 3, 2015 Larimer County Coordinated
Election, and preserves the opportunity for Council to place initiated or referred issues on the
November ballot. If Council does not take action by ordinance or resolution before the statutory
deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled
and the provisions of this Ordinance will be of no further force and effect.
Resolution 2015-078 seeks voter authorization to permit the City to provide high-speed internet
services, telecommunication services and/or cable television services within the City’s growth
management area, pursuant to §§ 29-27-101 to 304, C.R.S. (SB05-152)
Mayor Troxell stated Council’s rules of procedure allow for a special process to be set in the
case of a protest of a ballot question and stated Council will first take comment on the protest of
the ballot language will then take public input generally regarding the Ordinance and the
Resolution.
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 204
Mayor Troxell opened the hearing on the protest filed August 17, 2015 by Eric Sutherland
related to the form on the ballot language proposed for adoption in Resolution 2015-078.
City Attorney Daggett explained the protest process and stated the Code language requires that
Council hear and consider the protest prior to adoption of the Resolution setting the ballot
language.
City Clerk Winkelmann stated a single protest by Mr. Sutherland has been filed related to the
proposed Resolution. The protest alleges that, because the City’s home rule authority already
permits it to offer telecommunication services, regardless of the provisions of Senate Bill 05-152
which require a vote, submission of the ballot question is misleading and causes public
confusion. The proposed ballot measure fails to comply with the municipal election code CRS
31-11-111-3, which is the applicable standard for this measure based on the assertion that there is
no provision of the State Constitution, City Charter, Ordinance of Council or uniform election
code that deals with the form or content of the ballot question in a manner that conflicts with the
municipal election code, CRS 31-11-111-3.
Mr. Sutherland stated state law has been misinterpreted in terms of its applicability to a home
rule municipality, and misinterpreted in terms of what the statute says and what it requires even
if it was determined applicable. This ballot question purports to declare or create rights to
provide telecommunication services that Fort Collins already enjoys and purports to be expressly
permitted by Senate Bill 152, though no language in that statute would give that interpretation;
rather, Senate Bill 05-152 requires voter approval of certain conditions of services and even then,
the City is required to secure mandates to provide services in particular market segments. He
argued the ballot question is unnecessary and the language is broad and creates general rights
that already exist. Mr. Sutherland stated Council has a responsibility to ensure this ballot
question and its title are not confusing.
Mayor Troxell closed the protest hearing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, that Council find
and determine after having heard and considered the evidence and arguments presented at the
protest hearing that the form of the ballot language proposed in Resolution 2015-078
unambiguously states the principal of the revisions sought to be added and otherwise complies
with any applicable legal requirements.
Councilmember Cunniff asked if this item is referred to the ballot and approved by voters,
whether or not an additional election will occur prior to broadband services being provided. City
Attorney Daggett replied in the affirmative stating if the City itself would chose to form a utility
to provide broadband service, a Charter change and voter approval would be required.
Councilmember Cunniff stated this ballot question should be viewed in terms of Council's ability
to bring any desired question to the voters.
1.2
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 205
RESULT: MOTION DENYING PROTEST OF BALLOT LANGUAGE ADOPTED
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
SeonAh Kendall, Economic Policy and Project Manager, stated SB 152 prohibits local
governments from having any direct or indirect involvement in providing telecommunication
services. If the ballot measure is successful, staff will continue background research. An
independent citizen group has formed to advocate for passage of the measure.
Tim Tillson, Citizens Group in Favor of Community Broadband, stated his group currently has
nine members and he spoke in favor of the ballot language.
Eric Sutherland spoke against the City involving itself in providing broadband service and
opposed the ballot language and the necessity of the vote itself.
Councilmember Stephens asked about the legality of Holly Carroll, Poudre Valley Library
District, participating in the citizens group. City Manager Atteberry stated he would discuss the
issue with Carroll and report back to Council.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 089, 2015, on Second Reading.
RESULT: ORDINANCE NO. 089, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-078.
RESULT: RESOLUTION 2015-078 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
26. Second Reading of Ordinance No. 083, 2015, Adopting a Policy Related to Initiation of
Ordinances and Resolutions and Making Related Clarifying Amendments to Section 2-32(d)
of the Code of the City of Fort Collins. (Adopted as Amended on Second Reading)
This Ordinance, adopted on First Reading by a vote of 4-3 (nays: Cunniff, Overbeck, Stephens)
adopts a policy relating to Council or Councilmember action initiating ordinances and resolutions and
make related clarifying amendments to Section 2.32(d) of the City Code. On First Reading, a
second option was presented that required the support of only three Councilmembers to direct
initiation of resolutions and ordinances under Subsection 1.d of the Ordinance. Leadership Planning
Team has requested that the language be provided for Council’s convenience on Second Reading.
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 206
The following is an updated alternate version for Subsection 1.d (presented on First Reading as
Option B):
d. Three or more individual Councilmembers may direct the City Manager and City
Attorney to initiate and move forward with development and preparation of
resolutions and ordinances not originating from the Council’s Policy Agenda or
initiated by City staff, as described above, by each expressing his or her desire that
such efforts move forward during related discussion of a specifically identified agenda
item or under the “Other Business” portion of the meeting agenda at a regular or
special Council meeting.
Kevin Cross supported including option B, which would allow three individual Councilmembers
rather than four, to direct staff to work on an ordinance or a resolution for consideration by
Council, citing the Resolution which led to the climate task force.
Eric Sutherland stated Council’s powers, as defined by the City Charter, include the ability to
bring an ordinance or resolution forward at any meeting and opposed the Ordinance.
Mayor Pro Tem Horak requested input from City Attorney Daggett. City Attorney Daggett
replied two options were provided at First Reading and she discussed the option which was
adopted at that point, which requires a majority of Councilmembers to be in agreement prior to
directing staff to create an ordinance or resolution for consideration by all of Council.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 083, 2015, with the amendment of Subsection 1.d to allow three or more
individual Councilmembers to direct staff to initiate and move forward with the development and
preparation of ordinances and resolutions.
Mayor Pro Tem Horak noted all Council actions are transparent and occur in a public forum at
regular meetings.
Mayor Pro Tem Horak cited Council’s work to prioritize issues and noted this will allow
complete transparency.
RESULT: ORDINANCE NO. 083, 2015, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
August 18, 2015
City of Fort Collins Page 207
ADJOURNMENT
The meeting adjourned at 10:45 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.2
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Attachment: August 18, 2015 (3561 : Minutes-8/11, 8/18)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Wendy Bricher, Financial Coordinator
Mike Beckstead, Chief Financial Officer
SUBJECT
Second Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be
Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, refunds the Payment in Lieu of
Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2014 with
respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid
the City of Fort Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and
requests that the City return the PILOT to fund needed affordable housing related activities. The City may
spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the
Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned
the PILOT payment to the Authority since 1992.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (PDF)
2. Ordinance No. 105, 2015 (PDF)
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Wendy Bricher, Financial Coordinator
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be
Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities.
EXECUTIVE SUMMARY
The purpose of this item is to return the Payment in Lieu of Taxes (PILOT) for public services and facilities
received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed Public Housing
Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in
2014 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund
needed affordable housing related activities.
The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting
the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The
Council has returned the PILOT payment to the Authority since 1992.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On December 16, 1971, the City and the Authority entered into a Cooperation Agreement which provided that
the Authority must make annual PILOT payments to the City for the public services and facilities furnished by
the City. In 1986, upon request of the Authority, the City Council adopted Resolution No. 1986-177 which
relieved the Authority of its obligation to make the PILOT payments. Based on that resolution, the Authority did
not make PILOT payments from 1987 through 1990. The Authority also received a refund from the City of
PILOT payments for the years 1984, 1985 and 1986.
In 1992, the City Council approved Resolution No. 1992-093 reinstating the requirement that the Authority pay
the annual PILOT payment. The change was made to assure compliance with Department of Housing and
Urban Development regulations. Since that time, the City has returned the annual PILOT payments to the
Housing Authority.
Staff recommends that the 2014 PILOT payments of $7,271 be appropriated as unanticipated revenue in the
General Fund and remitted to the Authority in accordance with a letter agreement between the City and the
Authority requiring the Authority to use the funds for creating or maintaining affordable housing in a manner
consistent with the guidelines of the federal Department of Housing and Urban Development.
ATTACHMENT 1
2.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3550 : SR 105 FCHA PILOT Refund)
Agenda Item 13
Item # 13 Page 2
CITY FINANCIAL IMPACTS
The City received unanticipated revenue from the Fort Collins Housing Authority in the amount of $7,271 as
2014 payments for public services and facilities. The revenue was placed in the General Fund. This
Ordinance will return the funds to the Housing Authority to be used for affordable housing and related
activities.
ATTACHMENTS
1. Fort Collins Housing Authority Letter, June 24, 2015 (PDF)
2.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3550 : SR 105 FCHA PILOT Refund)
- 1 -
ORDINANCE NO. 105, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND TO BE
REMITTED TO THE FORT COLLINS HOUSING AUTHORITY TO FUND
AFFORDABLE HOUSING AND RELATED ACTIVITIES
WHEREAS, the City has received a payment from the Fort Collins Housing Authority
(the “Authority”) of $7,271 as a payment in lieu of taxes (“PILOT”) for public services and
facilities under a Cooperation Agreement dated December 16, 1971, pertaining to a HUD
financed public housing program; and
WHEREAS, since at least 1992, the City has remitted such PILOT payments to the
Authority; and
WHEREAS, the Authority has requested that the 2014 PILOT payments be appropriated
by the City Council for return to the Authority to fund much-needed affordable housing related
activities and to attend to the housing needs of low-income Fort Collins residents; and
WHEREAS, said payment of $7,271 was not projected as a revenue source in the 2014
City budget; and
WHEREAS, the City may spend the PILOT revenues as it deems appropriate in
accordance with law, including remitting the funds to the Authority if Council determines that
such remittal serves a valid public purpose; and
WHEREAS, the City Council has determined that the provision of affordable housing
serves an important public purpose and is an appropriate use of these funds; and
WHEREAS, as a condition of receiving these funds, the City will require the Authority to
sign a letter agreement obligating the Authority to spend the funds for creating or maintaining
affordable housing in a manner consistent with the guidelines of the federal Department of
Housing and Urban 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 Authority PILOT
payment as described herein will not cause the total amount appropriated in the General Fund to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from unanticipated revenue in the General
2.2
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Attachment: Ordinance No. 105, 2015 (3550 : SR 105 FCHA PILOT Refund)
- 2 -
Fund the sum of SEVEN THOUSAND TWO HUNDRED SEVENTY ONE DOLLARS
($7,271) to be remitted to the Fort Collins Housing Authority to fund affordable housing and
related activities for Fort Collins residents consistent with the Federal Department of Housing
and Urban Development guidelines.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.2
Packet Pg. 35
Attachment: Ordinance No. 105, 2015 (3550 : SR 105 FCHA PILOT Refund)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Wendy Bricher, Financial Coordinator
Carson Hamlin, Cable Television Manager
SUBJECT
Second Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the
Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, appropriates funds in the
amount of $49,535 from existing PEG reserves to be spent on additional improvements for FC-PAN’s
television studio in the City’s Carnegie Building.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015 (PDF)
2. Ordinance No. 106, 2015 (PDF)
3
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Wendy Bricher, Financial Coordinator
Carson Hamlin, Cable Television Manager
SUBJECT
First Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the
Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds from PEG reserves to be spent on additional improvements for
FC-PAN’s television studio in the City’s Carnegie Building.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Under its cable television franchise with the City, Comcast collects a monthly fee from all subscribers to be
used, by federal law, solely for capital costs related to public, educational and government access (PEG)
programming. The City in turn contracts with Fort Collins Public Access Network (FC-PAN), a non-profit
organization, to serve as the City’s designated public access television provider. The City designates a portion
of the PEG funds received from Comcast for public access television needs. These funds are to be spent on
capital improvements, such as studio facilities and equipment used to produce programming content, when
requested by FC-PAN. Such assets are purchased and owned by the City. Any funds not used in a given year
go back into the PEG reserves and are available for future purchases.
The City and FC-PAN are in the finishing stages of constructing a new public television studio located in the
basement of the Carnegie Building. FC-PAN has requested that $49,535 in existing PEG reserve funds be
appropriated and spent on completing the new facilities.
CITY FINANCIAL IMPACTS
This request will appropriate funds from PEG Reserves (federally restricted) to be spent on the FC-PAN
television studio.
ATTACHMENT 1
3.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (3551 : SR 106 FC-PAN appropriation)
- 1 -
ORDINANCE NO. 106, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR THE PURPOSE OF COMPLETING THE CONSTRUCTION OF A PUBLIC
TELEVISION STUDIO FOR FORT COLLINS PUBLIC ACCESS NETWORK
WHEREAS, pursuant to the cable television franchise agreement between Comcast and
the City of Fort Collins, Comcast collects a monthly fee from subscribers that, under federal law,
must be spent for capital equipment and infrastructure used to provide public, educational and
governmental (PEG) television programming; and
WHEREAS, the City receives the PEG funds from Comcast and designates a portion of
the funds to be used for providing public access television; and
WHEREAS, through a services agreement, the City has designated Fort Collins Public
Access Network, a 501(c)3 corporation (FC-PAN), as the City’s public access television
provider; and
WHEREAS, the City works with FC-PAN to identify capital needs and spends the PEG
funds on appropriate equipment and facilities to be owned by the City and used by FC-PAN to
provide public access television programming; and
WHEREAS, any funds not spent go back into the City’s PEG reserve account and are
available for future expenditures; and
WHEREAS, the City and FC-PAN are in the finishing stages of constructing a public
television studio located in the basement of the Carnegie Building at 200 Mathews Street, Fort
Collins; and
WHEREAS, funds are needed to complete the studio facilities; and
WHEREAS, restricted PEG reserves are available in the General Fund to pay for
completion of the project; and
WHEREAS, City staff recommends appropriating from prior year reserves in the General
Fund $49,535 to be used for completion of the public television studio; 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 FORTY NINE THOUSAND FIVE HUNDRED THIRTY FIVE
DOLLARS ($49,535) to be used for completion of the public television studio.
Introduced, considered favorably on first reading, and ordered published this 1st day of
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Attachment: Ordinance No. 106, 2015 (3551 : SR 106 FC-PAN appropriation)
- 2 -
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 39
Attachment: Ordinance No. 106, 2015 (3551 : SR 106 FC-PAN appropriation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Kelly DiMartino, Assistant City Manager
SUBJECT
Second Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins
Pertaining to City Service Areas.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, updates Service Area
definitions in City Code to reflect structural adjustments needed to clarify organization roles, and enhance
efficiency and effectiveness of the City organization.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015 (PDF)
2. Ordinance No. 108, 2015 (PDF)
4
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Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Kelly DiMartino, Assistant City Manager
SUBJECT
First Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins
Pertaining to City Service Areas.
EXECUTIVE SUMMARY
The purpose of this item is to update Service Area definitions in City Code to reflect structural adjustments
needed to clarify organization roles, and enhance efficiency and effectiveness of the City organization.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Manager and executive leadership team continue to examine and propose ways to enhance the
efficiency and effectiveness of the City organization. This Ordinance proposes changes to City Code to align
Service Area definitions and associated functions with a desired internal organizational structure. It also
adjusts Division titles to more clearly articulate the functions of these Offices. These changes impact existing
service area definitions, which require corresponding changes to provisions of the City Code.
Proposed changes include:
Article V of the City Code defines Administrative Organization Divisions to include Division 2-
Executive, Legislative and Judicial Offices. This Ordinance changes the name of Division 2 to
"Executive, Legal and Judicial Offices"
Naming the Office of the City Attorney and corresponding services as "Legal”
Naming the Municipal Court and corresponding services as "Judicial".
Additionally, the Ordinance revises Service Area definitions. It removes management information (Information
technology) and legislative services from the Community Services (Sec. 2-502) service area. Information
technology services are added to the Employee & Communication Services (Sec. 2-505) service area and the
service area title is renamed to "Information and Employee Services". These changes consolidate internally
facing services within one service area.
Finally, the Ordinance adds language to the Financial Services service area provision to make it consistent
with language found in other service area descriptions. The proposed Ordinance does not change the number
of service areas and the basic organization structure remains the same.
ATTACHMENT 1
4.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (3554 : SR 108 City Service Areas)
- 1 -
ORDINANCE NO. 108, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS OF THE CODE OF THE CITY OF
FORT COLLINS PERTAINING TO CITY SERVICE AREAS
WHEREAS, Article IV, Section 2 of the of the City Charter provides that the
administrative branch of the City government shall be composed of the offices, service areas and
agencies established by ordinance upon report and recommendation of the City Manager; and
WHEREAS, Article XIII of the City Charter defines “service area” as a major city
administrative unit designated as a service area by the City Council by ordinance; and
WHEREAS, Article V of Chapter 2 of the City Code describes the administrative
organization of the City, including service areas and offices established by the City Council
pursuant to recommendations of the City Manager; and
WHEREAS, the City Manager and his executive leadership team continue to examine
and consider ways to enhance the efficiency and effectiveness of the City organization; and
WHEREAS, portions of Article V of Chapter 2 need to be amended to reflect the
proposed new administrative organization of the City government; and
WHEREAS, such changes will result in the restructuring of two existing service areas;
and
WHEREAS, the City Manager has recommended that the title of Division 2 of Article 5
be changed to refer to “legal” instead of “legislative” and to change titles of offices described in
in Division 2 of Article V to identify the functions of such offices; and
WHEREAS, additional revisions are necessary to edit and create consistency in existing
language ; and
WHEREAS, the City Council believes that the organizational changes recommended by
the City Manager are in the best interests of the City and will further enhance the efficiency and
effectiveness of City operations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the title of Division 2, Article V, Chapter 2 of the Code of the City of
Fort Collins is hereby amended to read as follows:
Division 2 - Executive, Legal and Judicial Offices
4.2
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Attachment: Ordinance No. 108, 2015 (3554 : SR 108 City Service Areas)
- 2 -
Section 2. That the titles of offices described in Division 2, Article 5, Chapter 2 of
the Code of City of Fort Collins in Sections 2-491, 2-492, and 2-493 are hereby amended to read
as follows:
Sec. 2-491. Executive - Office of the city manager; duties of the city manager.
Sec. 2-492. Legal - Office of the city attorney; duties of the city attorney.
Sec. 2-493. Judicial - Municipal court; duties of the municipal judge.
Section 3. That Section 2-501 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-501. - Financial services; duties of director.
Financial Services is hereby created. Financial Services shall be in the charge of a Chief
Financial Officer who shall be directly responsible to the City Manager for the functions
and duties of the Financial Officer as provided in Article V, Part III, Section 22 of the
Charter, and who shall have control and supervision over such agencies, service units,
departments, offices or persons as may be deemed appropriate by the City Manager.
Section 4. That Section 2-502 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-502. - Community and operations services.
Community and Operations Services is hereby created. Community and Operations
Services shall be in the charge of a Director who shall be directly responsible to the City
Manager for the functions and duties necessary to provide cultural, parks, natural areas,
and recreation services, operations services and who shall have control and supervision
over such agencies, service units, departments, offices or persons as may be deemed
appropriate by the City Manager.
Section 5. That Section 2-504 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-504. - Utility services; duties of director.
Utility Services shall be and is hereby created. Utility Services shall be in the charge of a
Director who shall be directly responsible to the City Manager for the functions and
duties of Utility Services, including, without a limitation, the functions and duties
necessary to provide for the design, construction, reconstruction, addition, repair,
replacement, operation and maintenance of the City's electric, water, wastewater and
stormwater utility services, and who shall have control and supervision over such
agencies, service units, departments, divisions, offices or persons assigned by the City
Manager.
4.2
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Attachment: Ordinance No. 108, 2015 (3554 : SR 108 City Service Areas)
- 3 -
Section 6. That Section 2-505 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-505. – Information and employee services.
Information and Employee Services is hereby created. Information and Employee
Services shall be in the charge of a Director who shall be directly responsible to the City
Manager for the functions and duties necessary to provide communications, management
information and human resources services to the City, and who shall have control and
supervision over such agencies, service units, departments, offices or persons as may be
deemed appropriate by the City Manager.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.2
Packet Pg. 44
Attachment: Ordinance No. 108, 2015 (3554 : SR 108 City Service Areas)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Cameron Gloss, Planning Manager
SUBJECT
Second Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land
Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9,
2016.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes a 6-month
extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on
September 9, 2015. A request has been received by a prospective applicant within the Planned Development
Overlay District (PDOD) boundary to extend the pilot for an additional six months to March 9, 2016.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On First Reading, Council asked for the rationale to continue the PDOD, given that only one individual made
the extension request and that no other property owners have expressed interest in the program. From staff’s
perspective, there is little risk in moving forward with a six-month extension, considering that substantial staff
effort went into creating the PDOD and the petitioning individual has made property investments predicated on
the opportunity for his project to take advantage of the design flexibility afforded within the district. The
petitioner has stated that he will not request an additional extension if the pilot expires after six months. It is
noteworthy that the previous one-year extension was based upon a request from the same individual.
Under the Ordinance, the City Council retains the option to extend the PDOD pilot should insufficient projects
submit applications during the six-month timeframe.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015 (PDF)
2. PDOD Boundary map (PDF)
3. Ordinance No. 109, 2015 (PDF)
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Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Cameron Gloss, Planning Manager
SUBJECT
First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land
Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9,
2016.
EXECUTIVE SUMMARY
The purpose of this item is to consider a 6 month extension to the Planned Development Overlay District
(PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has been received by a
prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for
an additional six months.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A request has been received by a prospective applicant within the Planned Development Overlay District
(PDOD) boundary to extend the pilot for an additional six months.
To address the challenges of infill and redevelopment, staff worked collaboratively in 2011-2012 with the
Planning and Zoning Board (P&Z) to develop the PDOD, a unique zoning mechanism that blends the concepts
of Planned Unit Developments and performance-based zoning. The PDOD provides flexibility on certain
development regulations in the Land Use Code without having to use the existing Addition of a Permitted Use
or Modification processes. In return for this flexibility, projects must achieve at least 60 points on a
supplemental performance matrix that is designed to reward projects for going beyond minimum standards.
The PDOD has a defined boundary, which was drawn to be consistent with the City’s targeted infill and
redevelopment areas and Transit Oriented Development (TOD) Overlay District (Attachment 1). One final
characteristic to note is that all PDOD projects are processed as a Type 2 application.
Being an untested concept for the City, the PDOD was proposed first as a pilot to allow for real-world test
cases. The pilot was unanimously recommended by P&Z and ultimately adopted by City Council on February
26, 2013; it provided a six-month window where PDOD submittals could be accepted, but the number of
applications accepted was capped at five. The pilot began immediately after adoption and was set to expire on
September 9, 2013. According to the PDOD Ordinance, City Council had the option to extend the pilot “in the
event that, during the six-month term of its existence, there have been insufficient development proposals
presented to the City within the boundaries of the PDOD map to adequately inform the City Council as to the
viability of the District”.
During citizen participation at the August 14, 2014 P&Z Hearing, three individuals spoke on behalf of the same
potential project and requested that the pilot be extended. After discussion, the Board made a formal
recommendation that Council extend the pilot.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (3552 : SR 109 PDOD)
Agenda Item 17
Item # 17 Page 2
On September 16, 2014, Council adopted Ordinance No. 116, 2014, extending the PDOD Overlay District for a
period of one year.
There have not been any PDOD submittals to date; only one potential project has expressed interest in
participating in the pilot, and this same prospective applicant has recently expressed that an additional six
month extension is necessary to meet their anticipated development plan application submittal date.
The conditions of the pilot district as established by the original pilot ordinance and subsequent amendments
apply to the requested 6-month extension:
Only projects within the defined boundary area are eligible to use the PDOD.
Up to five PDOD submittals will be accepted within the six-month pilot extension.
City staff will collect data on any PDOD projects that submit, and with help from the citizen taskforce,
evaluate how well the PDOD is working and report back to City Council.
Council will continue to have the option to extend the pilot should insufficient projects submit during the
six-month timeframe.
BOARD / COMMISSION RECOMMENDATION
At its August 13, 2015 meeting, the Planning and Zoning Board unanimously (6-0) recommended on its
consent agenda that the six-month PDOD Pilot extension be approved.
ATTACHMENTS
1. PDOD Boundary map (PDF)
5.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (3552 : SR 109 PDOD)
ATTACHMENT 2
5.2
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Attachment: PDOD Boundary map (3552 : SR 109 PDOD)
- 1 -
ORDINANCE NO. 109, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING ORDINANCE NO. 024, 2013, WHICH AMENDED THE
LAND USE CODE BY THE ADDITION OF A TEMPORARY
PLANNED DEVELOPMENT OVERLAY ZONE DISTRICT
THROUGH MARCH 9, 2016
WHEREAS, on February 26, 2013, the City Council adopted on second reading
Ordinance No. 024, 2013, amending the Land Use Code by the addition of a temporary Planned
Development Overlay Zone District (“PDOD”); and
WHEREAS, Ordinance No. 024, 2013, provides that, at the end of the pilot program,
City staff will evaluate the program and report the outcomes to the City Council and, based on
staff's report, the City Council will determine whether the PDOD should be continued, amended
or terminated; and
WHEREAS, on September 2, 2014, City Council adopted Ordinance No. 116, 2014,
extending Ordinance No. 024, 2013 to September 9, 2015; and
WHEREAS, since the adoption of Ordinance No. 024, 2013, no applications have been
filed with the City for the processing of a development proposal under the PDOD and, therefore,
no report has been prepared; and
WHEREAS, on August 13, 2015, the Planning and Zoning Board recommended that the
PDOD be extended for six additional months; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
extend the PDOD adopted by Ordinance No. 024, 2013, for six additional months.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Ordinance No. 024, 2013, amending the Land Use Code by the
addition of a PDOD shall remain in effect until March 9, 2016, whereupon it shall terminate and
be of no further force and effect unless extended by ordinance of the City Council.
Section 2. That Section 4.29 (A)(2) of the Land Use Code is hereby amended to read
as follows:
(2) Applicability. Any property located within the PDOD (Figure 22) shall be
eligible to develop according to the standards set forth in subsection (D) at
the option of the developer. This Division shall be applicable only to an
application for approval of a detailed development plan which has been
filed with the City on or before March 9, 2016, unless said deadline has
been extended by subsequent ordinance of the City Council. No more
than five (5) applications shall be received and accepted for processing
5.3
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Attachment: Ordinance No. 109, 2015 (3552 : SR 109 PDOD)
- 2 -
during the effective term of this ordinance, which term ends March 9,
2016; and the Director may determine to close the acceptance of
applications prior to March 9, 2016, if necessary in order to properly and
adequately process and administer the applications received.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
5.3
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Attachment: Ordinance No. 109, 2015 (3552 : SR 109 PDOD)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Ted Shepard, Chief Planner
Sue Beck-Ferkiss, Social Sustainability Specialist
SUBJECT
Second Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow
Shelters and Homeless Shelters.
EXECUTIVE SUMMARY
Ordinance No. 110, 2015, unanimously adopted on First Reading on September 1, 2015, adds two new uses,
Seasonal Overflow Shelters and Homeless Shelters. Article Four will be amended to add these new uses to
various appropriate zone districts and Article Three will be amended to add supplemental regulations and
review criteria for Seasonal Overflow Shelters only.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (PDF)
2. Ordinance No. 110, 2015 (PDF)
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Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Ted Shepard, Chief Planner
Sue Beck-Ferkiss, Social Sustainability Specialist
SUBJECT
First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow
Shelters and Homeless Shelters.
EXECUTIVE SUMMARY
The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless Shelters, amend
Article Four to add these new uses to various appropriate zone districts and amend Article Three to add
supplemental regulations and review criteria for Seasonal Overflow Shelters only.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Problem Statement
Currently, the Land Use Code lacks a land use, Seasonal Overflow Shelters. There are two existing Homeless
Shelters that have been operating long term in Fort Collins and when these shelters are full during winter, an
overflow shelter is needed for life safety. Since a distinction needs to be made between the two existing
Homeless Shelters and Seasonal Overflow Shelters, two new definitions are offered.
During the winter months in Fort Collins, these two permanent year-round homeless shelters frequently run out
of beds and turn people away. For the past several winters, the City of Fort Collins has worked with Catholic
Charities and local churches (Saint Joseph’s and Community of Christ Church) to operate an overflow
homeless shelter. Each winter, the overflow shelter has targeted different populations. This past winter,
Community of Christ Church operated an overflow shelter for women only. Over the previous winter, this
seasonal overflow shelter was in use every night except one since opening in the fall of 2014 with no
complaints from neighbors.
City Council adopted an emergency ordinance beginning with the onset of inclement weather in 2014 to allow
overnight homeless shelters because such use is not a permitted use in the Land Use Code. Nor is “seasonal
overflow shelter” a defined term in the Land Use Code.
Winter overflow shelter is an anticipated regularly occurring need and shelters will likely see an increased
demand for their services. The issue with having to pass an ordinance annually is timing as neither staff or
City Council can predict when the weather will turn cold. An annual ordinance is a reactive measure that
requires sufficient lead time in order to be placed on Council’s agenda and prevents shelters from operating
when temperatures dip. By adding a definition for “seasonal overflow shelter” to Article Five, and assigning the
use to the appropriate zone districts as a Basic Development Review in non-residential zones and as a Type
ATTACHMENT 1
6.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3555 : SR 110 Seasonal Overflow Shelters)
Agenda Item 18
Item # 18 Page 2
One in three residential zones, the City would no longer have to pass an annual ordinance to allow this
service.
The proposed revisions will allow the City, places of worship and other non-profit organizations to provide more
timely and predictable overflow shelter service to those in the community that need it most. The accompanying
supplementary regulations in Article Three will provide criteria by which to review a Seasonal Overflow Shelter
as a Basic Development Review, or a Type One Project Development Plan, require a neighborhood meeting
and ensure that impacts, if any, are mitigated.
Proposed Solution Overview
The proposed solution is to define two new uses and add these uses to various appropriate zone districts. For
Seasonal Homeless Shelters, placement into three residential zones is recommended, along arterials only. In
addition, new supplemental regulations would be added to Section 3.8 to ensure that operations associated
with Seasonal Overflow Shelters are compatible with surrounding uses.
The selection of the various zone districts is strategically designed to allow locations that are either near
services or provide opportunities for willing partners to open up their facilities and on a citywide basis primarily
along arterial streets.
Public Outreach
Staff is keenly aware that public outreach is an important component in allowing Seasonal Overflow Shelters in
the community. Consequently, one of the proposed standards requires that the City convene a neighborhood
meeting. The standard states:
“The City will convene a neighborhood meeting for each application for approval of a seasonal
overflow shelter preceding each operating season that the shelter is functioning.”
It is important to note that the neighborhood meeting must be held annually if the facility is to be used in
consecutive years or for each year the facility is in use. This requirement is specifically intended to allow for
citizen feedback on all aspects of the previous year’s performance. The standard notification procedure is
established in Section 2.2.6 of the Land Use Code. This requires that the notification area for a neighborhood
meeting is at least 800 feet and staff has the discretion to enlarge this area if necessary. The property is also
posted with a sign to notify renters. Finally, as with all projects that governed by the Basic Development
Review (BDR) or Administrative Hearing (Type One) processes, there is an established appeal procedure.
Selecting an Operator
With the requirement that the operator have shelter management experience, to the extent that staff does not
have a prior relationship with a potential operator, staff would be able to conduct a background check, examine
any history of zoning and nuisance complaints and any building code violations associated with past
experience. Using these tools would be part of staff’s standard operating procedure in evaluating the
management capability of any potential operator.
CITY FINANCIAL IMPACTS
There are no financial impacts associated with this Land Use Code revision.
BOARD / COMMISSION RECOMMENDATION
At its August 13, 2015 meeting, the Planning and Zoning Board voted 6 - 0 to recommend approval of this
item.
6.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3555 : SR 110 Seasonal Overflow Shelters)
Agenda Item 18
Item # 18 Page 3
PUBLIC OUTREACH
Staff conducted two meetings both of which were advertised by press releases. One meeting was held at 215
Mason Street and one was held at the Summitview Church, 1601 West Drake Road. In addition, online
information was posted on the Social Sustainability website. Summaries of these meetings are attached
(Attachment 1).
ATTACHMENTS
1. Public Meeting summaries, June 25 and July 1, 2015 (PDF)
2. Zoning Matrix (PDF)
3. Letters in support of the proposed amendment (PDF)
4. Planning and Zoning Board minutes, August 13, 2015 (draft) (PDF)
6.1
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Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3555 : SR 110 Seasonal Overflow Shelters)
- 1 -
ORDINANCE NO. 110, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE PERTAINING TO
SEASONAL OVERFLOW SHELTERS AND HOMELESS SHELTERS
WHEREAS, during the winter months, the City’s two permanent year-round homeless
shelters have difficulty in supplying beds and accommodation for the homeless in severe
weather; and
WHEREAS, in the past, City staff has worked with various local organizations to provide
seasonal wintertime shelter for those who cannot be accommodated in the City’s homeless
shelters and City staff has reacted to the onset of cold weather by requesting that the City
Council adopt emergency ordinances to exempt the seasonal shelters from the Land Use Code
since the Land Use Code implicitly prohibits them; and
WHEREAS, in order to avoid the necessity to react to impending wintertime extreme
temperatures, the City Council has requested that the staff explore opportunities for a permanent
remedy for the overflow shelter excess demand situation by amending the Land Use Code to
permit such shelters in certain zone districts and under specific conditions designed to protect the
adjacent neighborhoods and in order that the City may proactively address seasonal overflow
shelter needs; and
WHEREAS, the City Council has determined that the Land Use Code should include
definitions for both “Seasonal Overflow Shelters” and “Homeless Shelters” and provide specific
standards and criteria for the establishment of Seasonal Overflow Shelters; and
WHEREAS, after substantial public outreach and upon the favorable recommendation of
the Planning and Zoning Board, the City Council has determined that the proposed regulations
are in the best interests of the City and should be adopted into the Land Use Code for the
placement and regulation of Seasonal Overflow Shelters.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 3.8.25 of the Land Use Code is hereby amended to read as
follows:
3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses
(A) If, after June 25, 1999 (the effective date of the ordinance adopting this Section),
active operations are not carried on in a permitted use during a period of twelve (12)
consecutive months, or with respect to seasonal overflow shelters sixty (60)
consecutive months, the building, other structure or tract of land where such
permitted use previously existed shall thereafter be re-occupied and used only after
the building or other structure, as well as the tract of land upon which such building
or other structure is located, have, to the extent reasonably feasible, been brought into
6.2
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 2 -
compliance with the applicable general development standards contained in Article 3
and the applicable district standards contained in Article 4 of this Code as determined
by the Director. This requirement shall not apply to any permitted use conducted in a
building that was less than ten (10) years old at the time that active operations ceased.
Intent to resume active operations shall not affect the foregoing.
. . .
Section 2. That Article 3 of the Land Use Code is hereby amended by the addition of
a new Section 3.8.33 which reads in its entirety as follows:
3.8.33 Seasonal Overflow Shelters
(A) Applicability. These standards shall apply to all seasonal overflow shelters.
(B) Purpose. The purpose of this section is to allow for the siting and approval of
seasonal overflow shelters while helping to ensure that such shelters are
compatible with the adjacent neighborhoods.
(C) Standards.
(1) General Standards. Seasonal overflow shelters shall be allowed as a
permitted use, provided that all of the following conditions are met:
(a) Occupancy limit. No more than fifty (50) persons may be housed
at any one seasonal overflow shelter.
(b) Operations. An organization with prior homeless shelter
management experience must be designated as the operator
responsible for managing the seasonal overflow shelter.
(c) Operating agreement. An operating agreement must be completed
between the City, the operator and the owner of the real property
upon which the seasonal overflow shelter is located, delineating
the roles of the parties, and, without limitation, shall include
provisions pertaining to parking, hours of operation, site cleanup,
loitering, number of staff and designated contact persons for each
party. The operating agreement shall be executed by all parties
prior to the approval of a seasonal overflow shelter and must be
executed preceding each operating season that the shelter is
functioning.
(d) Transportation. If the seasonal overflow shelter is more than two
(2) miles from a homeless shelter, then transit to and from the
seasonal overflow shelter and the homeless shelter (or other
6.2
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 3 -
locations designated in the Operating Agreement) shall be
provided by the operator of the seasonal overflow shelter.
(e) Neighborhood meeting. The City shall require a neighborhood
meeting for each application for approval of a seasonal overflow
shelter and preceding each operating season that the shelter is
functioning.
(f) Limit. There shall be no more than three (3) seasonal overflow
shelters operating in the City at any given time.
(g) Compliance with other standards. The property upon which the
seasonal overflow shelter is located must continue to comply with
the standards of this Code, at least to the extent of its original
compliance (so as to preclude any greater deviation from the
standards of this Code by reason of a seasonal overflow shelter
being located thereon).
Section 3. That Section 4.4(B)(2)(b) of the Land Use Code, regarding the Low
Density Residential District, is hereby amended by the addition of a new subparagraph 4 which
reads in its entirety as follows:
4. Seasonal overflow shelters.
Section 4. That Section 4.4(D) of the Land Use Code, regarding the Low Density
Residential District, is hereby amended by the addition of a new paragraph (3) which reads in its
entirety as follows:
(3) Seasonal overflow shelters. Seasonal overflow shelters may be
allowed in this zone district only on parcels that abut an arterial
street.
Section 5. That Section 4.5(B)(2)(b) of the Land Use Code, regarding the Low
Density Mixed Use Neighborhood District, is hereby amended by the addition of a new
subparagraph 8 which reads in its entirety as follows:
8. Seasonal overflow shelters.
Section 6. That Section 4.5(D) of the Land Use Code, regarding the Low Density
Mixed-Use Neighborhood District, is hereby amended by the addition of a new paragraph (7)
which reads in its entirety as follows:
(7) Seasonal overflow shelters. Seasonal overflow shelters may be
allowed in this zone district only on parcels that abut an arterial
street.
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 4 -
Section 7. That Section 4.6(B)(2)(b) of the Land Use Code, regarding the Medium
Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new
subparagraph 6 which reads in its entirety as follows:
6. Seasonal overflow shelters.
Section 8. That Section 4.6(D) of the Land Use Code, regarding the Medium Density
Mixed-Use Neighborhood District, is hereby amended by the addition of a new paragraph (4)
which reads in its entirety as follows:
(4) Seasonal overflow shelters. Seasonal overflow shelters may be
allowed in this zone district only on parcels that abut an arterial
street.
Section 9. That Section 4.9(B)(1)(b) of the Land Use Code, regarding the
Neighborhood Conservation Buffer District, is hereby amended by the addition of a new
subparagraph 4 which reads in its entirety as follows:
4. Seasonal overflow shelters.
Section 10. That Section 4.10(B)(1)(d) of the Land Use Code, regarding the High
Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new
subparagraph 2 which reads in its entirety as follows:
2. Seasonal overflow shelters.
Section 11. That Section 4.16(B)(1)(d) of the Land Use Code, regarding the
Downtown District, is hereby amended by the addition of a new subparagraph 2 which reads in
its entirety as follows:
2. Seasonal overflow shelters.
Section 12. That the table contained Section 4.16(B)(2) of the Land Use Code,
regarding the Downtown District, is hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
B. INSTITUTIONAL/CIVIC/PUBLIC
. . . . . . . . . . . .
Homeless shelters (excluding seasonal overflow shelters) Type 2 Type 2 Type 2
. . .
Section 13. That Section 4.17(B)(1)(d) of the Land Use Code, regarding the River
Downtown Redevelopment District, is hereby amended by the addition of a new subparagraph 2
which reads in its entirety as follows:
2. Seasonal overflow shelters.
6.2
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 5 -
Section 14. That Section 4.17(B)(3)(b) of the Land Use Code, regarding the River
Downtown Redevelopment District, is hereby amended by the addition of a new subparagraph 2
which reads in its entirety as follows:
2. Homeless shelters (excluding seasonal overflow shelters).
Section 15. That Section 4.18(B)(1)(d) of the Land Use Code, regarding the
Community Commercial District, is hereby amended by the addition of a new subparagraph 2
which reads in its entirety as follows:
2. Seasonal overflow shelters.
Section 16. That Section 4.18(B)(3)(b) of the Land Use Code, regarding the
Community Commercial District, is hereby amended by the addition of a new subparagraph 4
which reads in its entirety as follows:
4. Homeless shelters (excluding seasonal overflow shelters).
Section 17. That Section 4.19(B)(1)(d) of the Land Use Code, regarding the
Community Commercial – North College District, is hereby amended by the addition of a new
subparagraph 2 which reads in its entirety as follows:
2. Seasonal overflow shelters.
Section 18. That Section 4.20(B)(1)(d) of the Land Use Code, regarding the
Community Commercial – Poudre River District, is hereby amended by the addition of a new
subparagraph 2 which reads in its entirety as follows:
2. Seasonal overflow shelters.
Section 19. That the table contained in Section 4.21(B)(2) of the Land Use Code,
regarding the General Commercial District, is hereby amended to read as follows:
Land Use I-25/SH 392 (CAC)
General Commercial District
(C-G)
A. RESIDENTIAL
. . . . . . . . .
B. INSTITUTIONAL/CIVIC/PUBLIC
. . . . . . . . .
Seasonal overflow shelters Not permitted BDR
Homeless shelters (excluding seasonal overflow
shelters)
Not permitted Type 2
. . . . . . . . .
Section 20. That Section 4.22(B)(1)(d) of the Land Use Code, regarding the Service
Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in
its entirety as follows:
6.2
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
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2. Seasonal overflow shelters.
Section 21. That Section 4.22(B)(3)(b) of the Land Use Code, regarding the Service
Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in
its entirety as follows:
2. Homeless shelters (excluding seasonal overflow shelters).
Section 22. That the table contained in Section 4.24(B)(2) of the Land Use Code,
regarding the Limited Commercial District, is hereby amended to read as follows:
Land Use Riverside Area All Other Areas
A. RESIDENTIAL
. . . . . . . . .
B. INSTITUTIONAL/CIVIC/PUBLIC
. . . . . . . . .
Seasonal overflow shelters BDR BDR
. . . . . . . . .
Section 23. That Section 4.26(B)(1)(d) of the Land Use Code, regarding the Harmony
Corridor District, is hereby amended by the addition of a new subparagraph 2 which reads in its
entirety as follows:
2. Seasonal overflow shelters.
Section 24. That Section 4.26(D)(2) of the Land Use Code, regarding the Harmony
Corridor District, is hereby amended by the addition of a new subparagraph (t) which reads in its
entirety as follows:
(t) Seasonal overflow shelters.
Section 25. That Section 4.27(B)(1)(d) of the Land Use Code, regarding the
Employment District, is hereby amended by the addition of a new subparagraph 2 which reads in
its entirety as follows:
2. Seasonal overflow shelters.
Section 26. That Section 4.27(B)(3)(b) of the Land Use Code, regarding the
Employment District, is hereby amended by the addition of a new subparagraph 8 which reads
in its entirety as follows:
8. Homeless shelters (excluding seasonal overflow shelters).
Section 27. That Section 4.27(D)(2) of the Land Use Code, regarding the Employment
District, is hereby amended by the addition of a new subparagraph (z) which reads in its entirety
as follows:
(z) Homeless shelters (including seasonal overflow shelters).
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 7 -
Section 28. That Section 4.28(B)(3)(a) of the Land Use Code, regarding the Industrial
District, is hereby amended by the addition of a new subparagraph 7 which reads in its entirety as
follows:
7. Homeless shelters (excluding seasonal overflow shelters).
Section 29. That the definition of “Dwelling” contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Dwelling shall mean a building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family dwellings and
multi-family dwellings. The term dwelling shall not include hotels, motels, homeless
shelters, seasonal overflow shelters, tents or other structures designed or used primarily
for temporary occupancy. Any dwelling shall be deemed to be a principal building.
Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Homeless shelters” which reads in its entirety as follows:
Homeless shelters shall mean a fully enclosed building other than a hotel, motel, or
lodging establishment that is suitable for habitation and that provides residency only for
homeless persons at no charge at any time during the year.
Section 31. That the definition of “Hotel/motel/lodging establishment” contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Hotel/motel/lodging establishment shall mean a building other than a homeless shelter or
seasonal overflow shelter intended and used for occupancy as a temporary abode for
individuals who are lodged with or without meals, in which there are five (5) or more
guest rooms.
Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Seasonal overflow shelters” which reads in its entirety as follows:
Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons to
stay on its premises overnight from the beginning of November through the end of April,
unless, because of inclement weather, specific and limited exceptions to such seasonal
limitations are granted by the Director.
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
- 8 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Attachment: Ordinance No. 110, 2015 (3555 : SR 110 Seasonal Overflow Shelters)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Mark Sears, Natural Areas Program Manager
John Stokes, Natural Resources Director
Tawnya Ernst, Real Estate Specialist III
SUBJECT
Second Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right
of First Refusal to the City of Loveland for Property at 4200 County Road 30.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes the conveyance of a
Right of First Offer and Right of First Refusal to the City of Loveland on property located at 4200 County Road
30, in the Fort Collins-Loveland Community Separator. Loveland’s Water & Power Department is purchasing
50 Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition,
Loveland’s Parks and Recreation Department will contribute funds towards the land. In total, Loveland will
contribute $1.5M and Fort Collins will contribute $1.5M towards the purchase price of $3M.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2015, (w/o attachments) (PDF)
2. Ordinance No. 111, 2015 (PDF)
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Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Mark Sears, Natural Areas Program Manager
John Stokes, Natural Resources Director
Tawnya Ernst, Real Estate Specialist III
SUBJECT
Items Relating to the Acquisition of Property at 4200 County Road 30.
EXECUTIVE SUMMARY
A. Resolution 2015-080 Authorizing the Execution of an Intergovernmental Agreement with the City of
Loveland to Acquire and Cooperate Regarding a Parcel of Land and Water Rights at 4200 County Road
30 Within the Fort Collins – Loveland Community Separator.
B. First Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right
of First Refusal to the City of Loveland for Property at 4200 County Road 30.
The purpose of this item is to seek Council approval of an Intergovernmental Agreement with Loveland
outlining the parties’ rights and obligations with respect to a proposed 113-acre acquisition in the Fort Collins-
Loveland Community Separator and approval of the conveyance of a Right of First Offer and Right of First
Refusal on the same parcel to Loveland. The City of Loveland’s Water & Power Department is purchasing 50
Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition,
Loveland’s Parks and Recreation Department will contribute funds towards the land. In total, Loveland will
contribute $1.5M and Fort Collins will contribute $1.5M towards the purchase price of $3M.
STAFF RECOMMENDATION
Staff recommends the adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Natural Areas Department has been working for 20 years in accordance with the 1995 Plan for The
Region between Fort Collins and Loveland to create a community separator by conserving agricultural lands
and open spaces. To date, approximately 5,800 acres of land has been conserved in the separator area; in
cooperation with and in partnership with Loveland and Larimer County. (Attachment 4)
Natural Areas proposes to partner with Loveland on the purchase of a 113-acre property and associated water
rights located at 4300 County Road 30. Natural Areas will contribute $1.5 million to acquire the land and the
ditch company water rights associated with the land (comprising 4 shares of the Louden Irrigating Canal &
Reservoir Company and 4 corresponding shares of the Louden Extension Canal and Reservoir Company
(together, “4 Louden Shares”)). Loveland will contribute $1.5 million to acquire the 50 CBT Units historically
associated with the land (which Fort Collins would have difficulties in acquiring because Fort Collins already
owns the maximum number of units allowed under current policies of the Northern Colorado Water
Conservancy District) and will contribute towards the purchase of the land. Fort Collins will hold the deed to the
land exclusively and own the 4 Louden Shares; and Loveland will own the 50 CBT Units outright. Although
Loveland’s ultimate long-term use of the CBT Units will be for municipal supply, Loveland has agreed to lease
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, September 1, 2015, (w/o attachments) (3557 : SR 111 4200 CR 30 Property Acquisition)
Agenda Item 19
Item # 19 Page 2
back the 50 CBT Units to irrigate the parcel. The lease will continue as long as the site remains as irrigated
farm land, either owned by Fort Collins or subsequent owner of the land with a conservation easement
conserving the land for irrigated farming, and as long as there is no drought or other reason that would require
municipal use.
Staff explored partnering with Larimer County for this acquisition. After much discussion, it was determined
that there were even higher priority acquisitions for Fort Collins and Larimer County to partner on. These
potential projects are good candidates for leveraging local contributions with GOCO grants.
The long term use of the 113 acres has not been determined. There are at least three potential uses that
would allow the property to serve as a community separator: (1) the land could be leased out for irrigated or
dryland farming; (2) the land could be sold with a conservation easement removing development rights and
requiring it to remain in farming; and (3) the land could be restored to native vegetation and potentially opened
up to the public by constructing appropriate trails and parking. For the foreseeable future Natural Areas plans
to keep the land in irrigated agriculture assuming a tenant can be found.
As outlined in the IGA, Fort Collins will own, manage and maintain the property. If Fort Collins decides to sell
the property with a conservation easement preserving it for agricultural purposes, Fort Collins will receive the
entire proceeds from the sale in exchange for co-holding and monitoring the conservation easement and
Loveland will co-hold the conservation easement.
During negotiation of the IGA, Loveland asked the City to grant it the first right to buy the property. The Right
of First Offer and Right of First Refusal (Exhibit A to Ordinance No. 111, 2015,) grants Loveland these rights
relative to the purchase of the property in the unlikely event that Fort Collins decided to sell the land without a
conservation easement; also if sold in fee Loveland would either receive 22.5% of the proceeds and Fort
Collins would receive 77.5% of the proceeds or Loveland could chose to purchase the property for 77.5% of
the agreed upon price.
CITY FINANCIAL IMPACTS
The total purchase price for the 113 acres of land and the associated water rights is $3,000,000. Fort Collins
Natural Areas is contributing $1.5 million to purchase the land and 4 Louden Shares. These funds are already
appropriated and available to spend. Loveland is contributing $1.5 million: $1.1 million to purchase the 50
CBT Units and a $400,000 contribution to the purchase of the land.
Fort Collins will hold the deed and be fully responsible for costs of managing, maintaining and potentially
developing trails and parking on the land.
BOARD / COMMISSION RECOMMENDATION
At its August 12, 2015 meeting, the Land Conservation and Stewardship Board (LCSB) unanimously
recommended Council approve the IGA with Loveland and grant Loveland the Right of First Offer and Right of
First Refusal.
Loveland staff presented this proposed land purchase and partnership to its Open Lands Board on August 12,
where it received Board approval and will present the IGA to the Loveland City Council on September 1.
ATTACHMENTS
1. Loveland Parks and Recreation Commitment Letter, July 30, 2015 (PDF)
2. Loveland Water and Power Commitment Letter, July 31, 2015 (PDF)
3. 4200 CR 30 Vicinity Map (PDF)
4. Fort Collins-Loveland Community Separator Map (PDF)
5. Land Conservation & Stewardship Board minutes, August 12, 2015 (draft) (PDF)
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Attachment: First Reading Agenda Item Summary, September 1, 2015, (w/o attachments) (3557 : SR 111 4200 CR 30 Property Acquisition)
- 1 -
ORDINANCE NO. 111, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A RIGHT OF FIRST
OFFER AND RIGHT OF FIRST REFUSAL TO THE CITY OF
LOVELAND FOR PROPERTY AT 4200 COUNTY ROAD 30
WHEREAS, the City’s Natural Areas Department and the City of Loveland (“Loveland”)
have been negotiating to acquire an agricultural property and associated water interests at 4200
County Road 30 (the “Property”); and
WHEREAS, by separate resolution the City Council is considering a proposed
intergovernmental agreement between the City and Loveland regarding the purchase and future
management of the Property (the “IGA”); and
WHEREAS, under the terms of the IGA Loveland would provide $1,100,000 to purchase
the Colorado-Big Thompson Project (CBT) units associated with the property and $400,000
towards purchase of the land, and the City would provide $1,5000,000 for the purchase of the
land and remaining water interests; and
WHEREAS, the City would own and manage the Property, and Loveland would own the
CBT units and lease them back to the City for irrigation of the Property; and
WHEREAS, in the process of negotiating the terms of the IGA Loveland asked that the
City grant it a right of first offer and right of first refusal on the Property, so that if the City ever
opted to sell all or any portion of the Property (except leases or easements) Loveland would have
the opportunity to purchase the Property first; and
WHEREAS, a proposed Right of First Offer and Right of First Refusal dated August 19,
2015, is attached and incorporated herein as Exhibit “A” (the “ROFO/ROFR”); and
WHEREAS, if approved, the ROFO/ROFR would be conveyed to Loveland when the
City takes title to the Property at closing; and
WHEREAS, City staff is recommending that Loveland not be required to pay the City
additional consideration for the ROFO/ROFR because of the public benefit provided by the
collaboration between the City and Loveland to purchase and manage the Property; Loveland’s
investment in the Property; the shared interest of the City and Loveland in preserving the
Property as a community separator; and the difficulty in calculating a fair market value for a
right of first refusal; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 finds, by ordinance, that such sale or other disposition is in
the best interests of the City; and
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
- 2 -
WHEREAS, Section 23-411 of the City Code requires that the conveyance of a property
interest by the City be for fair market value unless the City Council determines that the sale
serves a bona fide public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the conveyance of the
ROFO/ROFR to Loveland as provided herein is in the best interests of the City.
Section 2. That the City Council additionally finds that conveyance of the
ROFO/ROFR to Loveland without additional compensation serves a bona fide public purpose
because:
(a) Loveland is making a significant contribution to the purchase of the Property, the
intended use of which supports the general welfare, benefits a significant segment
of the citizens of the City, and supports the City’s plan to create community
separators; and
(b) Conveyance of the ROFO/ROFR for less than fair market value will not result in
a direct financial benefit to any private person or entity, and will not interfere with
current City projects or work programs, hinder workload schedules, or divert
resources needed for primary City functions or responsibilities.
Section 3. That the Mayor is hereby authorized to execute the Right of First Offer
and Right of First Refusal in substantially the form attached as Exhibit “A”, with such
modifications or additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City,
including, but not limited to, any necessary changes to the legal description of the Property, as
long as such changes do not materially change the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
- 3 -
Passed and adopted on final reading on this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL
4200 County Road 30
THIS RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL (“Agreement”) is
made and entered into this _______ day of ____________, 2015 (“Effective Date”), by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“Fort
Collins”) and THE CITY OF LOVELAND, COLORADO, a municipal corporation (“Loveland”).
RECITALS
A. Fort Collins is the owner of a parcel of real property as more particularly described
in Exhibit A attached hereto and incorporated herein by reference (the “Property”).
B. The Property and associated water interests were purchased by Fort Collins and
Loveland in accordance with an Intergovernmental Agreement between the parties dated September
____, 2015 (the “IGA”).
C. Fort Collins has agreed to grant to Loveland a right of first offer and a right of first
refusal to purchase the Property, subject to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the terms and conditions of the IGA, and for the
further consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and adequacy of which are hereby confessed and acknowledged by Fort Collins, the parties hereto
agree as follows:
1. Term. All rights and interests created and set forth in this Agreement shall remain in
existence and shall constitute a valid encumbrance upon the Property; except that such rights and
interests shall be extinguished by the occurrence of any one or more of the following events:
(a) a sale of the entire Property to Loveland, its successor in interest or assignee,
upon compliance by Fort Collins with all of the terms and conditions of this
Agreement; or
(b) a sale of the entire Property to any person other than Loveland or its
successor in interest or assignee, pursuant to and upon compliance by Fort Collins
with all of the terms and conditions of this Agreement.
2. Applicability/Exclusions. The right of first offer and right of first refusal described
in this Agreement shall apply to all transactions involving a conveyance of title to the Property, or
any portion thereof, including but not limited to a purchase, an exchange, or any other transfer of
interest in the Property for consideration, other than leases, easements and rights of way.
EXHIBIT A
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
3. Right of First Offer.
(a) If at any time during the Term Fort Collins decides to offer for sale all or any
interest in the Property (the “Sale Property”), Fort Collins shall submit a contract
offering to sell the Sale Property to Loveland at the price (“Sale Price”) and on the
terms set forth in the proposed contract (the “Sale Offer”). The Sale Price shall be
stated as Fort Collins’s asking price for the Sale Property (“Asking Price”) less
twenty two and 5/10 percent (22.5%) in accordance with Loveland’s contribution to
the land purchase as described in the IGA.
(b) Loveland shall have thirty (30) days after receipt of the Sale Offer (the “Offer
Period”) within which to accept the Sale Offer. Acceptance shall be made, if at all, by
Loveland executing the Sale Offer and returning an executed copy to Fort Collins
within the Offer Period.
(c) If Loveland accepts the Sale Offer, Fort Collins and Loveland shall proceed to
close the sale and purchase of the Sale Property on the terms and conditions set forth
in the Sale Offer, along with such other terms and conditions as the parties may agree
to in writing. Notwithstanding the foregoing and notwithstanding anything to the
contrary contained in the Sale Offer, such closing shall occur within sixty (60) days,
but not sooner than thirty (30) days, after the date of acceptance by Loveland of the
Sale Offer, at a time and place mutually acceptable to Fort Collins and Loveland.
(d) If Loveland does not accept the Sale Offer within the Offer Period, then for a
period of two (2) years after the date the Sale Offer was given to Loveland (the “Sale
Period”), Fort Collins shall have the right to sell the Sale Property at a price not less
than 90% of the Asking Price set forth in the Sale Offer, on terms and provisions
materially similar to those set forth in the Sale Offer. On expiration of the Sale
Period Fort Collins may not sell the Sale Property without once again offering the
Sale Property to Loveland pursuant to the foregoing right of first offer.
(e) Upon the closing of the sale pursuant to the terms of subsection (d),
Loveland’s rights under this paragraph 3 and paragraph 4 below shall automatically
terminate as to the Sale Property, without need for further action by any party.
(g) If, during the Sale Period, Fort Collins desires to sell the Sale Property at a
price less than 90% of the Asking Price set forth in the Sale Offer, or on terms
materially different from the terms set forth in the Sale Offer, then Fort Collins shall
once again offer the Sale Property to Loveland in the manner set forth above, which
offer shall remain open for thirty (30) days.
(h) The right of first refusal hereinafter set forth shall not apply to any offer
received by Fort Collins during the Sale Period so long as the offer is at a price at
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
least 90% of the Asking Price and on terms which are not materially different from
the term set forth in the Sale Offer.
4. Right of First Refusal.
(a) If during the Applicable Term Fort Collins receives a bona fide written offer
to purchase (“the Purchase Offer”) all or any portion of Fort Collins's interest in the
Property (“the Purchase Property”), which Fort Collins is willing to accept, Fort
Collins shall deliver to Loveland a copy of the Purchase Offer signed by the
purchaser and shall indicate to Loveland, in writing, that Fort Collins is ready,
willing and able to accept the Purchase Offer.
(b) Loveland shall have thirty (30) days after receipt of the Purchase Offer (the
“Offer Period”) within which to notify Fort Collins in writing that Loveland will
purchase the Purchase Property at the price and on the terms and provisions set forth
in the Purchase Offer, which notice shall be accompanied by cash or certified funds
payable to Fort Collins in the amount of the earnest money deposit, if any, required
by the terms of the Purchase Offer.
(c) If Loveland notifies Fort Collins of Loveland's intent to acquire the Purchase
Property on the terms and conditions set forth in the Purchase Offer, then Fort Collins
and Loveland shall, within fifteen (15) days after such notice, execute an agreement
of purchase and sale at the price, less twenty two and 5/10 percent (22.5%) in
accordance with Loveland’s contribution to the land purchase as described in the
IGA, and on the terms and conditions set forth in the Purchase Offer, along with such
other terms and conditions as the parties may agree in writing. Notwithstanding the
foregoing and notwithstanding anything to the contrary contained in the Purchase
Offer, such closing shall occur within sixty (60) days, but not sooner than thirty (30)
days, after execution of the purchase and sale agreement, at a time and place
mutually acceptable to Fort Collins and Loveland.
(d) If Loveland fails to notify Fort Collins of Loveland's intent to acquire the
Purchase Property within the Offer Period, then Fort Collins may sell the Purchase
Property in accordance with the terms of the Purchase Offer, and Loveland shall have
no further right to purchase the Purchase Property pursuant to the terms of this right
of first refusal or the foregoing right of first offer. Loveland’s failure to exercise its
right to purchase with respect to any transfer of less than all of the Property shall not
be deemed a waiver of such right with respect to that part of the Property owned by
Fort Collins after such transfer.
(e) If Fort Collins does not sell the Purchase Property pursuant to the Purchase
Offer, then the right of first refusal shall not be deemed waived or cancelled but shall
remain in full force and effect. Upon receipt of any subsequent Purchase Offer, Fort
Collins shall once again offer the Purchase Property to Loveland in the same manner
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
as hereinabove provided, and Loveland shall have an additional thirty (30) days
within which to accept such subsequent Purchase Offer.
5. Disposition of Sale Proceeds. If Loveland declines to purchase the Property or
portions of the Property pursuant to its rights listed in paragraphs 3 and 4 above and Fort Collins
sells such interest in the Property or any portion of the Property to a third party, the proceeds of such
disposition shall be divided between Fort Collins and Loveland in accordance with paragraphs 3.b
and 1.e of the IGA.
6. Notice. Any notice required or desired to be given by any party pursuant to this
Contract shall be in writing and may be personally delivered; mailed, certified mail, return receipt
requested; sent by telephone facsimile with a hard copy sent by regular mail; or sent by a nationally
recognized, receipted, overnight delivery service. Any such notice shall be deemed given when
personally delivered; if mailed, three (3) delivery days after deposit in the United States mail,
postage prepaid; if sent by telephone facsimile on the day sent if sent on a business day during
normal business hours of the recipient (8:00 a.m. - 5:00 p.m.) or on the next business day if sent at
any other time; or if sent by overnight delivery service, one (1) business day after deposit in the
custody of the delivery service. The addresses and telephone numbers for the mailing, transmitting,
or delivering of notices shall be as follows:
If to Loveland, to:
Parks and Recreation
Open Lands Manager
500 E. Third Street, Suite 200
Loveland, CO 80537
With a copy to:
City Attorney’s Office
500 E. Third St.
Loveland, CO 80537
If to Fort Collins, to:
City of Fort Collins
Attn: City Manager
300 LaPorte Ave.
P. O. Box 580
Fort Collins, CO 80522
With a copy to:
City of Fort Collins
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
Attn: Real Estate Services
300 LaPorte Ave.
P. O. Box 580
Fort Collins, CO 80522
Notice of a change of address of any party shall be given in the same manner as all other notices as
hereinabove provided.
7. Assignment. This Agreement may not be assigned by Loveland without the prior
written consent of Fort Collins.
8. Binding Effect. This Agreement shall run with the land and shall be binding upon
and inure to the benefit of the parties hereto and their respective successors and assigns.
9. Notice to Buyers. Loveland shall cause this Agreement to be recorded in the real
property records of Larimer County, Colorado, promptly upon execution and delivery of the same.
Fort Collins shall further provide actual notice of the terms of this Agreement to any party seeking
to acquire any interest in or rights to the Property.
10. Remedies. In the event of default by Fort Collins in the performance of its
obligations under this Agreement, Loveland shall have the right to an action for specific
performance or damages, or both. In the event of any litigation arising out of this Agreement, the
court shall award to the party that substantially prevails in such litigation, all costs and reasonable
attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
[Signature pages follow]
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By:
Wade O. Troxell, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF COLORADO )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this day of
__________________ , 2015, by Wade O. Troxell as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires:
______________ ____
Notary Public
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
DRAFT 8-19-15
THE CITY OF LOVELAND, COLORADO
a Municipal Corporation
Date: By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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DRAFT 8-19-15
EXHIBIT A
Legal Description
The W1/2 of the SW1/4 and the SW1/4 of the NW1/4 of Section 22, Township 6 North,
Range 68 West of the 6th P.M., County of Larimer, State of Colorado
EXCEPTING THEREFROM the right of way for County Road as established and/or used;
ALSO EXCEPTING THEREFROM those parcels described in Deeds recorded December 11, 1985,
at Reception No. 85062821 and August 20, 1991, at Reception No. 91039306.
(Street Address: 4200 East County Road 30, Fort Collins, Colorado)
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Attachment: Ordinance No. 111, 2015 (3557 : SR 111 4200 CR 30 Property Acquisition)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Second Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Salud Family Health Center Rezoning.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2015, rezones 22.8 acres located at
1830 LaPorte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low Density Mixed Use
Neighborhood (L-M-N) and Limited Commercial (C-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, September 1, 2015 (w/o attachments) (PDF)
2. Ordinance No. 112, 2015 (PDF)
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Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Jason Holland, City Planner
SUBJECT
First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Salud Family Health Center Rezoning.
EXECUTIVE SUMMARY
The purpose of this item is to rezone 22.8 acres located at 1830 Laporte Avenue (formerly occupied by Forney
Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-
L), in accordance with the Comprehensive Plan (City Plan).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The property was annexed and zoned in October 2012 as the Forney Annexation and was placed in the (T)
Transition zone at that time, as the previous owner was uncertain what zoning designations would be
proposed with future development of the site. 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 T zone unless
approved by City Council. It is typically used to allow property owners and/or the City to consider zoning
alternatives while the property is held in the T zone.
This rezoning request places the property from the T zone into two zoning categories: (a) 12.6 acres within the
(L-M-N) Low Density Mixed Use Neighborhood zone district; and (b) 10.2 acres within the (C-L) Limited
Commercial zone district.
The policy guidance for these zoning designations is described in the Northwest Subarea Plan. The Limited
Commercial portion of the property follows the boundary of the existing commercial buildings on the site and is
consistent with the recommendations of the Northwest Subarea Plan, which designates this location as Limited
Commercial to accommodate existing commercial activities and to encourage reinvestment and
redevelopment within the commercial areas, placing an emphasis on uses and activities that are beneficial to
and compatible with the surrounding neighborhoods. The intent of L-M-N portion to the north is to provide a
transition between the existing surrounding neighborhoods to the north and the proposed Limited Commercial
zoning to the south.
These zoning designations provided by the Northwest Subarea Plan are reflected in City Plan through the City
Structure Plan Map. 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.
CITY FINANCIAL IMPACTS
Staff finds no direct financial or economic impacts resulting from the requested rezoning.
ATTACHMENT 1
8.1
Packet Pg. 78
Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3553 : SR 112 Salud Rezoning)
Agenda Item 20
Item # 20 Page 2
BOARD / COMMISSION RECOMMENDATION
At its August 13, 2015 meeting, 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. Proposed Zoning (PDF)
3. Existing Zoning (PDF)
4. Proposed Zoning Boundary Map (PDF)
5. List of Permitted Uses in the C-L District (PDF)
6. List of Permitted Uses in the L-M-N District (PDF)
8.1
Packet Pg. 79
Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3553 : SR 112 Salud Rezoning)
- 1 -
ORDINANCE NO. 112, 2015
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 SALUD FAMILY HEALTH CENTER REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code 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 considerations 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:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from the Transition (“T”) Zone District, to
the Limited Commercial (“C-L”) Zone District, for the following described property in the City
known as the Salud Family Health Center Rezoning:
A tract of land located in the Northwest Quarter of Section 10, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly described as follows:
Considering the South line of the Northwest Quarter of Section 10 as bearing North 89°
14' 44" West and with all bearings contained herein relative thereto:
BEGINNING at the Southwest corner of the Southeast Quarter of the Northwest Quarter
of Section 10, said point being POINT OF BEGINNING 1; thence, North 00° 38' 54"
East, 435.71 feet; thence, North 00° 38' 53" East, 163.32 feet; thence, South 76° 32' 17"
East, 39.76 feet; thence, South 68° 48' 16" East, 30.68 feet; thence, South 62° 17' 03"
East, 2.34 feet; thence, North 27° 34' 06" East, 386.65 feet; thence, South 62° 25' 54"
East, 458.15 feet; thence, North 90° 00' 00" East, 53.71 feet; thence, South 00° 23' 46"
West, 472.81 feet; thence, North 87° 54' 20" West, 249.40 feet; thence, South 07° 37' 19"
8.2
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Attachment: Ordinance No. 112, 2015 (3553 : SR 112 Salud Rezoning)
- 2 -
East, 72.44 feet; thence, North 89° 14' 44" West, 86.39 feet; thence, North 00° 23' 46"
East, 21.00 feet; thence, North 89° 14' 44" West, 83.00 feet; thence, South 00° 23' 46"
West, 50.00 feet; thence, North 89°14' 30" West, 85.50 feet; thence, South 00° 45' 13"
West, 150.00 feet to the South line of the Northwest Quarter; thence along said South
line, North 89° 14' 44" West, 215.00 feet to Point of Beginning 1.
The above described tract of land contains 442,729 square feet or 10.164 acres, more or
less.
Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from the Transition (“T”) Zone District, to
the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, for the following described
property in the City known as the Salud Family Health Centers Rezoning:
A tract of land located in the Northwest Quarter of Section 10, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly described as follows:
Considering the South line of the Northwest Quarter of Section 10 as bearing North 89°
14' 44" West and with all bearings contained herein relative thereto:
COMMENCING at the Southwest corner of the Southeast Quarter of the Northwest
Quarter of Section 10; thence, North 00° 38' 54" East, 435.71 feet to POINT OF
BEGINNING 2; thence, North 89° 14' 49" West, 330.72 feet; thence, North 00° 42' 46"
East, 656.12 feet; thence, South 89° 24' 33" East, 1320.17 feet; thence, South 00° 23' 46"
West, 377.97 feet; thence, North 89° 14' 44" West, 285.00 feet; thence, North 90° 00' 00"
West, 53.71 feet; thence, North 62° 25' 54" West, 458.15 feet; thence, South 27° 34' 06"
West, 386.65 feet; thence, North 62° 17' 03" West, 2.34 feet; thence, North 68° 48' 16"
West, 30.68 feet; thence, North 76° 32' 17" West, 39.76 feet; thence, South 00° 38' 53"
West, 163.32 feet to Point of Beginning 2.
The above described tract of land contains 551,179 square feet or 12.653 acres, more or
less.
Section 3. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
8.2
Packet Pg. 81
Attachment: Ordinance No. 112, 2015 (3553 : SR 112 Salud Rezoning)
- 3 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D., 2015, and to be presented for final passage on the 15th day of September, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
8.2
Packet Pg. 82
Attachment: Ordinance No. 112, 2015 (3553 : SR 112 Salud Rezoning)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
ITEM POSTPONED TO OCTOBER 6, 2015
STAFF
Peggy Streeter, Senior Sales Tax Auditor
SUBJECT
First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital
Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital
Improvement Expansion Fees.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees
under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement
provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an
expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and
Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Agreement Summary
On April 2, 2013, City Council adopted Ordinance 055, 2013 approving an Economic Development Project
Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The Agreement specifies
Woodward is eligible for a rebate in three areas:
Use Tax on Construction Materials and Eligible Equipment (up to 80%)
Development Fees (100%)
Capital Improvement Expansion Fees and Utility PIF Fees (up to 50%).
Employment Level Requirements
The three rebate categories were offered with the stipulation that employment levels must reach or exceed
1,400 employees within the City by December 31, 2018.
If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the earned rebate
until set employment levels have been met, but will pay Woodward 60% of the earned rebates on the
schedule agreed to by the City and Woodward
If the target employment level is reached after December 31, 2018 but before December 31, 2020,
Woodward will receive the retained 40 percent less $500,000 (combined between use tax and
development fee rebates)
Woodward will not be entitled to the remaining 40 percent if the target level is not reached by December
31, 2020.
Agenda Item 9
Item # 9 Page 2
Rebate Schedule as agreed upon with Woodward
Staff has developed a rebate schedule with Woodward which is consistent with the agreement whereby two
rebate applications will be processed each year.
The two applications per year consist of the following components:
Application 1 includes:
o January through June: Development Review and Capital Improvement Fees
Application 2 includes:
o July through December: Development Review and Capital Improvement Fees
o January through December: Use Tax
Rebate funds will be appropriated by City Council biannually as part of the rebate process.
This rebate application is for fees paid from January through June 2015 and includes development review fees
and capital improvement expansion fees.
For the application period Woodward earned a total of $301,658 in rebates. Of that amount, 40% is held back
pending the aforementioned employee level requirements. The remaining 60% which totals $180,994 is
requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in
recognition of the potential future obligation.
In May 2015, staff proposed two options to Council with regard to backfilling the CIE Fees. Council approved
the CIE Fees be paid out of the corresponding Fund rather than being backfilled by the General Fund. Based
on that decision, payment of the CIE fees is proposed to be paid as follows:
Rebate Payment
Development
Fees
100%
CIE Fees
50%
Utility PIF
50%
Not Eligible
for Rebate
Total
Total Fees Collected
$132,468 $201,572 $136,808 $62,288 $533,136
Rebate Owed
132,468 100,786 68,404 N/A 301,658
Rebate Eligible for
Payment ‐ 60% 79,480 60,472 41,042 N/A 180,994
Rebate Holdback ‐ 40%
52,988 40,314 27,362 N/A 120,664
Backfill
0 0 68,404 N/A 68,404
Agenda Item 9
Item # 9 Page 3
The development review fees and Utility PIF's will be paid from General Fund Reserves.
CITY FINANCIAL IMPACTS
The total rebate amount is $180,994.
The amount of $120,522 will come from prior year General Fund Reserves and the following amounts will
come from the Capital Improvement Expansion Funds:
General Government: $9,741
Police: $2,803
Fire: $4,976
Street Oversizing: $42,952
CIE Fund Fees Paid Rebate Earned
Rebate
Owed 60%
General Government
$32,470 $16,235 $9,741
Police
9,344 4,672 2,803
Fire
16,586 8,293 4,976
Street Oversizing
143,172 71,586 42,952
Total
201,572 100,786 60,472
- 1 -
ORDINANCE NO. 113, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL, CAPITAL EXPANSION
AND STREET OVERSIZING FUNDS TO REIMBURSE WOODWARD, INC. FOR
DEVELOPMENT FEES AND CAPITAL IMPROVEMENT EXPANSION FEES
WHEREAS, the City, the Fort Collins Downtown Development Authority, and
Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.”
dated April 16, 2013 (the “Agreement”), which Agreement provides business investment
assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing
and office facilities in Fort Collins; and
WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from
the City for the following paid by it to the City: (1) Use Tax on Construction Materials and
Eligible Equipment, (2) Development Fees, and (3) Capital Improvement Fees; and
WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually
for Development Review and Capital Improvement Fees and once a year for the Use Tax rebate;
and
WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate
process; and
WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No.
055, 2013, on April 2, 2013; and
WHEREAS, the current reimbursement due to Woodward for the period of January 1,
2015, through June 30, 2015, is $180,994 for eligible fees; and
WHEREAS, in accordance with the terms of the Agreement, staff is requesting
appropriation of the full amount to reimburse Woodward from prior year reserves from the
following funds:
General Fund: $120,522
Capital Expansion Fund
General Government $9,741
Police $2,803
Fire $4,976
Capital Expansion Fund: $17,520
Street Oversizing Fund: $42,952
Total Reimbursement Request: $180,994
Packet Pg. 86
- 2 -
WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED
TWENTY-TWO DOLLARS ($120,522) to reimburse Woodward for Development Fees and
Capital Improvement Expansion Fees as required by the Agreement.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Capital Expansion Fund the sum of SEVENTEEN THOUSAND FIVE HUNDRED
TWENTY DOLLARS ($17,520) to reimburse Woodward for Development Fees and Capital
Improvement Expansion Fees as required by the Agreement.
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Street Oversizing Fund the sum of FORTY TWO THOUSAND NINE HUNDRED
FIFTY-TWO DOLLARS ($42,952) to reimburse Woodward for Street Oversizing Capital
Improvement Expansion Fees as required by the Agreement.
Section 4. That it is the City Council’s intent that this Ordinance and the
appropriations herein shall and do hereby supersede and control over any provisions to the
contrary in City Code Section 7.5.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 87
- 3 -
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 88
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Dan Woodward, Civil Engineer I
SUBJECT
Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement.
EXECUTIVE SUMMARY
A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the City and
the Colorado Department of Transportation in Order for the City to Receive Federal Transportation
Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor Improvements.
B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the
Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with the
Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal grant funds of
$593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and
construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail
and Riverside Avenue. The proposed actions will enable initiation of the project. $148,250 in local matching
funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has recently adopted an updated Bicycle Master Plan. A key goal in the Plan is to serve the
Interested but Concerned bicycle rider. These potential Interested but concerned bicyclists are estimated at
about 60% of the traveling public. To better accommodate this population and increase bicycling, Fort Collins
is dedicated to implementing a network of “Low Stress” bicycle facilities.
The Pitkin Low Stress Bicycle Corridor is an east-west connection across the City for bicyclists, passing
directly through the center of the Colorado State University (CSU) campus. The Corridor makes use of two
existing City streets for approximately 4 miles, and reaches from Overland Trail to Riverside Avenue. The City
and CSU have partnered on this Low Stress Route in order to construct the cross-city portions of the project,
as well as critical improvements to the route through campus.
While the majority of the City’s low stress bicycle network is safe and comfortable for cyclists, the intersections
with major arterials present a significant barrier. There are 4 major crossings that this project focuses on at
Taft Hill Road, Shields Street, College Avenue, and Lemay Avenue. Providing complete and continuous
facilities for bicyclists, including the crossings of major arterials, will significantly increase the safety of this
corridor. Also included in the project will be bicycle wayfinding improvements to help bicyclists navigate the
low stress corridor as part of the FC Moves Bicycle Wayfinding System Plan.
10
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Agenda Item 10
Item # 10 Page 2
A Transportation Alternatives Program (TAP) grant was awarded to the FC Moves Program in the amount of
$593,000. The City has allocated $148,250 as the local match portion for the federal grant (20% of the project)
for a total project budget of $741,250. Staff believes that the grant and matching amount will cover design and
construction of the proposed project. No right-of-way acquisition is currently anticipated, but that will be further
defined as design progresses. The project will incorporate critical aspects of the City’s approved Master
Bicycle Plan.
Staff will continue to coordinate with CSU’s schedule for completing their portion of the work through campus.
Currently, campus can be perceived as a barrier to bicycle commuters passing through the area as it runs
through a dismount zone in campus. The City and CSU intend to eliminate this perception by removing the
dismount zone and providing the Pitkin Low Stress Bicycle Corridor as a unified, branded route that
seamlessly integrates campus with the adjacent neighborhoods. Close coordination with CSU will be critical
throughout the design and construction of the project.
The design phase of this project is projected to begin in December of 2015 with construction in the
Summer/Fall in 2016.
CITY FINANCIAL IMPACTS
The following is a summary of the funding available to design and construct the Pitkin Low Stress Bicycle
Corridor Project:
Funds to be Appropriated per this Action
Federal Funds to be Appropriated
TAP Grant Funds $593,000
Local Matching Funds (existing
appropriations)
BOB Bicycle Plan Implementation $148,250
Total Budgeted Funds per IGA $741,250
The project will contribute to the state and regional economy by connecting the University and the City with a
low-stress bicycle route. Colorado State University is the largest employer in Northern Colorado. The
enhancements to this corridor would serve over 1200 employees and approximately 6500 students within ½
mile of the corridor. Additionally, the corridor opens up opportunities for cyclists to travel to the MAX bus rapid
transit line to connect to downtown and midtown via the Mason Trail.
BOARD / COMMISSION RECOMMENDATION
Staff will provide periodic updates and seek input from the Transportation Board and Bicycle Advisory
Committee as the project moves forward.
PUBLIC OUTREACH
Staff plans on conducting public outreach, including open houses, and regular updates to Colorado State
University. There will be several education outreach sessions to promote awareness of the bicycle route,
wayfinding and upgraded arterial crossings.
Staff has begun coordination with CSU. City staff and CSU will continue to coordinate throughout the project.
Additionally, a detailed Communication Plan will be developed prior to construction. The Plan will highlight
milestone dates, affected interests, and specific outreach tools.
10
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Agenda Item 10
Item # 10 Page 3
ATTACHMENTS
1. Pitkin Corridor map (PDF)
10
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Castlerock Dr
E Pitkin St
C
l
e
arview
A
ve
W Pitkin St
Springfield Dr
W Mulberry St
E Prospect Rd
S College Ave
S Taft Hill Rd
Laporte Ave
S Shields St
Riversi
d
e Ave
W Prospect Rd
S Lemay Ave
N Shields St
9th St
W Laurel St
W Eliz
a
b
e
th St
W Mountain Ave
W Drake Rd
E Mulberry St
W Vine Dr
N
C
ollege Ave
N Lemay Ave
E
Drake Rd
E Mountain Ave
E Lincoln
Ave
E Vine Dr
N Taft Hill Rd
Pitkin Street Corridor
³
Legend
Pitkin Street Corridor
0 0.25 0.5 1 1.5 2
Miles
ATTACHMENT 1
10.1
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Attachment: Pitkin Corridor map (3539 : Pitkin Low Stress Corridor)
- 1 -
RESOLUTION 2015-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE COLORADO
DEPARTMENT OF TRANSPORTATION IN ORDER FOR THE CITY TO RECEIVE
FEDERAL TRANSPORTATION ALTERNATIVE PROGRAM FUNDS FOR THE PITKIN
STREET LOW STRESS BICYCLE CORRIDOR IMPROVEMENTS
WHEREAS, the Colorado Department of Transportation (CDOT) administers the
disbursement of Federal Transportation Alternative Program funds; and
WHEREAS, the proposed Pitkin Low Stress Bicycle Corridor is designed to implement
aspects of the Fort Collins Bicycle Master Plan by creating a safe and comfortable east-west
connection across the City for bicyclists; and
WHEREAS, a Federal Transportation Alternatives Program (TAP) grant has been
awarded to the FC Moves Program in the amount of $593,000.00; and
WHEREAS, in order to receive the TAP grant, the City has appropriated $148,250.00 in
the Capital Projects Fund, FC Moves, BOB Bicycle Plan Implementation, to fulfill the required
20% local match portion for a total project budget of $741,250.00; and
WHEREAS, the proposed intergovernmental agreement between CDOT and the City of
Fort Collins that memorializes the terms and conditions of the TAP grant is attached hereto and
incorporated herein as Exhibit “A”; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with 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, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Pitkin Low Stress Bicycle Corridor improvements be constructed and that the Mayor be
authorized to execute an intergovernmental agreement between the City and CDOT in support
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Mayor to execute an
intergovernmental agreement between the City and CDOT, substantially in the form attached
hereto as Exhibit “A,” together will such modifications and additions as the City Manager, in
Packet Pg. 93
- 2 -
consultation with the City Attorney, determines necessary and appropriate to protect the interests
of the City or further the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 94
EXHIBIT A
1
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Attachment: Exhibit A (3558 : Pitkin Low Stress Corridor RESO)
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ORDINANCE NO. 114, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE CAPITAL
PROJECTS FUND FOR THE PITKIN LOW STRESS BICYCLE CORRIDOR PROJECT
WHEREAS, the City has been awarded a grant from the Colorado Department of
Transportation’s Transportation Alternatives Program for $593,000 (the Grant); and
WHEREAS, the Grant is for the FC Moves Program; and
WHEREAS, based on the recently adopted and updated Bicycle Master Plan, the Pitkin
Low Stress Bicycle Corridor Project (the Project) will incorporate critical aspects of the City’s
Plan; and
WHEREAS, the total estimated cost of the Project is $741,250 which will be funded by
the Grant ($593,000) and existing appropriations of $148,250 in the Capital Projects Fund - FC
Moves - BOB Bicycle Plan Implementation which will meet the required Local Match; and
WHEREAS, the City Council has adopted Resolution 2015-083 authorizing the City to
enter into an intergovernmental agreement with the Colorado Department of Transportation for
the 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 grant funds 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 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 Capital Projects Fund the sum of FIVE HUNDRED NINETY THREE
THOUSAND DOLLARS ($593,000) for expenditure in the Capital Projects Fund for the Pitkin
Low Stress Corridor Project.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 152
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
Phil Ladd, Utilities Customer Accounts Supervisor
SUBJECT
First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the
Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and
Encumbrances, into the Stormwater Basin Improvement Capital Project.
EXECUTIVE SUMMARY
The purpose of this item is to correct a process issue with the language of previously adopted Ordinance No.
074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise.
The language of that Ordinance inadvertently did not include the associated existing sub-project Business
Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system,
JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within
each Capital Project. This Ordinance corrects that oversight.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council adopted Ordinance No. 074, 2015 at its July 7 and July 21 Meetings. The language of that
Ordinance only transferred the unallocated prior appropriations. In order to properly track the overall finances
of the Enterprise fund in the City’s accounting system, it is necessary to include all associated existing
individual sub-project funds (Business Units) and encumbrances within those Capital Project funds. This
preserves the financial integrity of the system and accountability of all associated transactions.
The following reiterates the purpose and need for Ordinance No. 074, 2015, action:
Prior to 1998, monthly stormwater capital improvement fees were collected individually by each separate
drainage basin and could only be used for the basin in which the fees were collected. Ordinance No. 168,
1998 changed the collection and use of monthly stormwater fees from the individual basins to a consolidated
uniform and citywide basis. Since 2006 (Ordinance No. 136, 2005) stormwater plant investment fees have also
been collected on a citywide basis. With the change in funding, prioritization of stormwater capital
improvements is done on a citywide basis for the safety and well-being of all citizens.
Each basin’s capital improvement project retains some unspent funding previously appropriated to that specific
basin. Basin specific projects continued to be funded with these remaining appropriations. Since the adoption
of the 2013-2014 Budget new appropriations are made to the citywide Stormwater Basin Improvements Project
and not to individual basins.
At this time, there are appropriations remaining in each basin project at a level that is either (A) insufficient to
pay for any particular project or (B) the monies remain in basins that do not have immediate capital project
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Agenda Item 11
Item # 11 Page 2
needs. The consolidation of all these appropriations into the citywide Stormwater Basin Improvement Project
will allow staff to fund larger capital projects benefiting the City as a whole, as well as the specific basin for
which the funds were created.
The individual Stormwater Fund Basin accounts for existing sub-projects to be consolidated under this
Ordinance are shown in the following table:
Old Town Basin Improvements $ 125,010
Dry Creek Basin Improvements $ 1,165,001
W. Vine Basin Improvements $ 854,458
Foothills Basin Improvements $ 4,778
Canal Importation Basin Improvements $ 710,859
Cooper Slough Boxelder Basin Improvements $ 4,067,379
Fossil Creek Basin Improvements $ 222,380
Cache La Poudre Drainageway Basin Improvements $ 423,018
Drainage System Replacements $ 289,555
Total Transfer to Stormwater Basin Improvements Capital Project $ 7,862,438
If the Ordinance is adopted, these project account balances will be moved under the Citywide Stormwater
Basin Improvement Capital Project account and all open projects within the specific basins will also be under
the City-wide project for accounting purposes.
CITY FINANCIAL IMPACTS
The Ordinance does not appropriate any new funding. The Ordinance provides for the consolidation of
existing appropriations to improve transparency and flexibility of using the existing stormwater basin
improvement appropriations to fund the highest priority projects. This Ordinance is also consistent with the
objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance,
and improvements to the stormwater system.
Stormwater funds will continue to be spent in alignment with the Stormwater Enterprise requirements and
approved Stormwater Master Plans.
BOARD / COMMISSION RECOMMENDATION
Funding of Stormwater Master Plan projects has been discussed with the Water Board many times over the
past several years. At its June 18, 2015 meeting, the Board recommended consolidation of the remaining
stormwater basin budgets as presented by staff on a vote of 7-1.
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ORDINANCE NO. 115, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE
STORM DRAINAGE FUND FROM INDIVIDUAL STORMWATER BASIN CAPITAL
PROJECTS, INCLUDING ALL SUB-PROJECTS AND ENCUMBRANCES, INTO THE
STORMWATER BASIN IMPROVEMENT CAPITAL PROJECT
WHEREAS, this Ordinance provides for the consolidation of existing appropriations to
improve transparency and flexibility of using the existing stormwater basin improvement
appropriations to fund the highest priority projects, consistent with the objectives stated by City
Council in Ordinance No. 168, 1998, for uniform and Citywide operation, maintenance, and
improvements to the Stormwater system; and
WHEREAS, since the adoption of the 2013-2014 Budget, new appropriations are made to
the Citywide Stormwater Basin Improvements Project and not to individual basins; and
WHEREAS, by adoption of Ordinance No. 074, 2015, existing appropriations were
consolidated into the Citywide Stormwater Basin Improvement Project to allow staff to fund
larger capital projects benefiting the City as a whole, as well as the specific basin for which the
funds were created; and
WHEREAS, this Ordinance is to correct a process issue with the language of previously
approved Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project
funds of the Stormwater Enterprise but inadvertently failed to include funds for associated
existing sub-projects; and
WHEREAS, the Ordinance does not appropriate any new funding; 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, the purpose for which the funds were
initially appropriated no longer exists, or 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; and
WHEREAS, the City Manager has recommended the transfer set forth below and the City
Council finds that such transfer meets the requirements of Article V, Section 10 of the City
Charter because 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:
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Section 1. That the City Council hereby adopts the findings and recommendations set
forth above.
Section 2. That the following funds are hereby authorized for transfer and
appropriated for expenditure for the purposes stated below from these projects and sub-projects
in the Storm Drainage Fund:
Old Town Basin Improvements $ 125,010
Dry Creek Basin Improvements $ 1,165,001
W. Vine Basin Improvements $ 854,458
Foothills Basin Improvements $ 4,778
Canal Importation Basin Improvements $ 710,859
Cooper Slough Boxelder Basin Improvements $ 4,067,379
Fossil Creek Basin Improvements $ 222,380
Cache La Poudre Drainageway Basin Improvements $ 423,018
Drainage System Replacements $ 289,555
TOTAL $ 7,862,438
Appropriation TO this project in the Storm Drainage Fund:
Stormwater Basin Improvements Capital Project $7,862,438
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Items Relating to Marijuana Code Amendments.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins
to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property.
B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City
of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month
Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana
Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions
of Pertinent Information.
C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of
Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity
and Sorority Houses.
D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins
to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations
Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities.
The purpose of this item is to clean up various provisions of the City Code related to marijuana. The City of
Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes,
and over the course of this time, the State has enacted new legislation and staff has identified gaps in the
existing City Code provisions. Staff anticipates periodic amendments as this industry matures.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
This agenda item includes the following recommended amendments:
1. Ordinance No. 116, 2015 – Limiting the number of storefronts to one on the same contiguous property:
When original location language was drafted, efforts were made to generally limit the number of marijuana
storefronts. Existing Code language states, “A retail marijuana store and medical marijuana center held by
the same licensee shall be located on the same legal parcel.” Staff is recommending this be changed to,
“A retail marijuana store and medical marijuana center held by the same licensee shall be contiguous,
located within the same building and under the exclusive control of the licensee.” This change would
prevent having two storefronts within the same strip-retail center.
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Agenda Item 12
Item # 12 Page 2
2. Ordinance No. 117, 2015 – Application renewal corrections:
In the current language, if an applicant has made a false, misleading, or fraudulent statement, or omitted
pertinent information on his or her application, the Marijuana Licensing Authority (the “Authority”) has a
duty to deny the application. However, the only recourse for denial is that the application must be
resubmitted, which could be accomplished immediately after the denial. Staff is recommending the
following two changes:
a. Adding the word “intentionally” to the following Code language: any applicant who has made a false,
misleading or fraudulent statement, or who has intentionally omitted pertinent information, on his or
her application for a license…” This addition gives the Authority discretion to determine whether the
applicant made an unintentional mistake such as a typo or if the applicant was intentionally attempting
to include a false, misleading, or fraudulent statement.
b. Adding a six month waiting period for re-application of a license if an applicant is denied a license by
the Authority for including false, misleading, fraudulent information or for intentionally omitting
information.
3. Ordinance No. 118, 2015 – Prohibiting marijuana cultivation in mixed-use dwellings and in sorority and
fraternity houses:
Current regulations prevent cultivation in areas that would pose a health, safety, or nuisance risk to
residential units. However, existing regulations do not include mixed-use dwellings that could have
residential units on upper floors. This change would prevent any cultivation in mixed-use buildings that
include residential units.
The City Code currently prohibits the cultivation of marijuana in a multi-family dwelling. The definition of
multi-family excludes fraternities and sorority houses, thereby allowing the cultivation of marijuana in such
houses. Staff recommends amending this definition such that fraternity and sorority houses are included,
and therefore, that the prohibition on cultivation of marijuana applies.
4. Ordinance No. 119. 2015 – State extraction regulations:
During the past legislative session, the State passed prohibitions on marijuana extractions limiting the use
of flammable materials. The State did not include alcohol or ethanol in the list of prohibited materials. The
City would like to replace our previously adopted language with the new state regulations. However, we
will maintain our prohibition on the use of alcohol and add a prohibition on the use of ethanol in the
extraction of THC or other cannabinoids in the City based on recommendations from Poudre Fire
Authority.
PUBLIC OUTREACH
These proposed Code amendments are minor changes intended to provide greater clarity to the marijuana
licensing process. No public outreach was conducted as the amendments are considered minor in scope.
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ORDINANCE NO. 116, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-608 OF THE CODE OF THE CITY OF FORT COLLINS
TO LIMIT TO ONE THE NUMBER OF MARIJUANA STORE FRONTS
ON THE SAME CONTIGUOUS PROPERTY
WHEREAS, Article XVII of Chapter 15 of the City Code places limitations on location
and operation of retail marijuana businesses; and
WHEREAS, the Code currently states that a retail marijuana store and medical marijuana
center held by the same licensee shall be on the same legal parcel; and
WHEREAS, this Code provision currently allows for two or more store fronts on one
legal parcel; and
WHEREAS, staff believes that this was not the intent of the City Council upon the
passage of such provision; and
WHEREAS, staff recommends that such provision be amended to only allow one store
front on the same contiguous premises; and
WHEREAS, the City has the authority to enact ordinances which are necessary and
proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent
with the laws of this State; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 15-608 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-608. Retail marijuana stores.
(a) Only a licensed medical marijuana center in good standing with state and local
licensing authorities may be licensed as, or may operate, a retail marijuana store in the
City.
(b) A retail marijuana store and medical marijuana center held by the same licensee
shall be contiguous, located within the same building and under the exclusive control of
the licensee. on the same legal parcel.
(c) All retail marijuana stores shall affix labels to all containers on the licensed
premises that hold retail marijuana or retail marijuana products, which labels shall clearly
display potency profiles and contaminant results from licensed retail marijuana testing
facilities.
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(d) All retail marijuana stores shall prohibit the entrance of persons under the age of
twenty-one (21) to the licensed premises, including that portion of the premises that is
licensed as a medical marijuana center.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 117, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 15-613 AND 15-614 OF THE CODE OF THE CITY OF FORT
COLLINS TO CLARIFY THE STANDARD FOR PERSONS PROHIBITED AS LICENSEES
AND TO REQUIRE A SIX MONTH WAITING PERIOD FOR REAPPLICATION OF A
LICENSE FOR ANY APPLICANT DENIED A LICENSE BY THE MARIJUANA
LICENSING AUTHORITY ON THE BASIS OF FALSE, MISLEADING, OR FRAUDULENT
STATEMENTS OR INTENTIONAL OMISSIONS OF PERTINENT INFORMATION
WHEREAS, Article XVII of Chapter 15 of the City Code limits those individuals
allowed to be licensed to sell retail marijuana; and
WHEREAS, the current language of City Code Section 15-614 in the retail marijuana
provisions states no license shall be issued to, held by or renewed by any applicant who has
omitted pertinent information on his or her application for a license; and
WHEREAS, Article XVI of Chapter 15 of the City Code limits those individuals allowed
to be licensed to sell medical marijuana; and
WHEREAS, the current language of Section 15-474 in the medical marijuana provisions
states no license shall be issued to, held by, or renewed by any applicant who has intentionally
omitted pertinent information on his or her application for a license; and
WHEREAS, staff recommends the Medical and Retail Marijuana licensing provisions be
consistent so that both prohibit persons from being issued licenses for intentionally omitting
pertinent information; and
WHEREAS, staff believes there should be a consequence and a limitation on subsequent
applications when an applicant is denied for such types of intentional omissions; and
WHEREAS, staff recommends that such consequence should be a prohibition on
applying to the Marijuana Licensing Authority (the “Authority”) for a period of six months from
the date of the denial by the Authority; and
WHEREAS, staff believes such a prohibition will encourage compliance with the
application standards and will reduce subsequent fraudulent applications; and
WHEREAS, the City has the authority to enact ordinances which are necessary and
proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent
with the laws of this State; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That Section 15-613 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-613. Denial of application and consequences.
(a) The Authority shall deny any application that does not meet the requirements of
the Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder or
the provisions of this Article.
(b) An applicant that has been denied a license by the Marijuana Licensing Authority
for including a false, misleading or fraudulent statement, or for intentionally omitting
pertinent information on his or her application for a license, in violation of Section 15-
614 (6) of this Article, shall not be permitted by the Authority to submit a subsequent
application for a period of (6) six months from the date of the denial.
Section 2. That Section 15-614 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-614. Persons prohibited as licensees.
No license shall be issued to, held by or renewed by any of the following:
(1) any person who is, at the time of application for a retail marijuana store, not
currently licensed to operate a medical marijuana center and in good standing
under both the Colorado Medical Marijuana Code and the City Code;
(2) any person prohibited pursuant to Section 12-43.4-306, C.R.S;
(3) any natural person who has been released within the ten (10) years immediately
preceding the application from any form of incarceration or court-ordered
supervision, including a deferred sentence resulting from a conviction of any
felony or any crime which under the laws of the State would be a felony; or any
crime of which fraud or intent to defraud was an element, whether in the State or
elsewhere;
(4) any entity whose directors, shareholders, partners or other persons having a
financial interest in said entity have been convicted of any of the offenses set forth
in Paragraph (3) above;
(5) any person whose criminal history renders him or her ineligible under Paragraph
(2) above, or who employs a person at a retail marijuana establishment who has a
criminal history that renders said person ineligible;
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(6) any applicant who has made a false, misleading or fraudulent statement, or who
has intentionally omitted pertinent information, on his or her application for a
license;
(7) any applicant whose license for a medical or retail marijuana establishment in this
State or any other state has been revoked.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 118, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IX OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT
COLLINS TO PROHIBIT MARIJUANA PLANTS TO BE CULTIVATED OR KEPT WITHIN
MIXED USE BUILDINGS AND FRATERNITY AND SORORITY HOUSES
WHEREAS, Article IX of Chapter 12 of the City Code regulates the cultivation of
marijuana; and
WHEREAS, the current regulations limit the cultivation of marijuana to no more than
twelve marijuana plants of any size, or six mature marijuana plants within a single–family
dwelling, and no marijuana plants to be cultivated within two-family, multi-family or single-
family attached dwelling; and
WHEREAS, there is a growing concern among staff concerning the cultivation of an
unlimited amount of marijuana within mixed use dwellings and fraternity and sorority houses
which directly affects the public’s health, safety and welfare; and
WHEREAS, staff recommends applying the same prohibition as set forth within two-
family, multi-family or single-family attached dwellings to mixed use dwellings and fraternity
and sorority houses; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 12-141 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Mixed-use dwelling” to read as follows:
Mixed-use dwelling shall mean a dwelling that is located in the same building as a non-
residential use.
Section 2. That the definition of “Multi-family dwelling” contained in Section 12-141
of the Code of the City of Fort Collins is hereby amended to read as follows:
Multi-family dwelling shall mean a dwelling containing three (3) or more dwelling units,
not including hotels, motels, fraternity houses and sorority houses and similar group
accommodations.
Section 3. That Section 12-142 of the Code of the City of Fort Collins is hereby
amended by the addition of a new paragraph (c) which reads in its entirety as follows:
Sec. 12-142. Marijuana cultivation.
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. . .
(c) Cultivation within mixed used dwellings. No marijuana plants may be cultivated
or kept within, or on the same legal parcel as, any mixed use dwelling.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 119, 2015
BY THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-194 OF THE CODE OF THE CITY OF FORT COLLINS TO
PROHIBIT THE USE OF ALCOHOL OR ETHANOL IN THE EXTRACTION OF THC OR
OTHER CANNABINOIDS IN LOCATIONS OTHER THAN LICENSED MEDICAL AND
RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITIES
WHEREAS, the adoption of Amendment 20 added Section 14 to Article XVIII of the
Colorado Constitution, which created an affirmative defense and a limited exception to state
criminal laws for patients and primary caregivers who possess or produce limited amount of
marijuana concentrate for medical use to treat a debilitating medical condition; and
WHEREAS, Article XVIII, Section 14 of the Colorado Constitution prohibits both
patients and primary caregivers from acquiring or producing marijuana concentrate in a way that
endangers the health and well-being of any person; and
WHEREAS, the adoption of Amendment 64 added a new Section 16 to Article XVIII of
the Colorado Constitution, which allowed persons over the age of twenty-one (21) in Colorado to
claim immunity from prosecution under city or state laws for possessing or processing marijuana
concentrate in a quantity of one ounce or less for personal use or for distribution to others
without compensation; and
WHEREAS, Article XVIII, Section 16 of the Colorado Constitution provides that, in the
interest of the health and public safety of our citizenry, marijuana sold in Colorado will be
subject to additional regulations to ensure that consumers are protected; and
WHEREAS, both of these provisions are silent on the question of how and where
marijuana concentrate may be processed for medical or personal use; and
WHEREAS, on May 29, 2015, the Governor signed House Bill 15-1305 into law; and
WHEREAS, House Bill 15-1305 prohibits the use of inherently hazardous substances,
including any liquid chemical, compressed gas, or commercial product such as butane, propane,
and diethyl ether, from being used during the manufacture of marijuana concentrate; and
WHEREAS, House Bill 15-1305 makes it a level two (2) drug felony to use an inherently
hazardous substance in the manufacture of marijuana concentrate; and
WHEREAS, House Bill 15-1305 specifically excludes all forms of alcohol and ethanol
from the definition of inherently hazardous substances; and
WHEREAS, Staff believes the use of alcohol and ethanol in the marijuana extraction
process in locations other than licensed medical and retail marijuana manufacturing products
facilities is a significant danger to the citizens of the City; and
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WHEREAS, the prohibition of compressed gases and solvents currently in the City Code
is a misdemeanor and staff believes the felony charge of HB 15-1305 will be better suited to
protect the citizens of the City; and
WHEREAS, by removing from the City Code provision the current prohibition of
compressed gases and solvents, while retaining the prohibition of the use of alcohol and ethanol
in the extraction process, under the combined provisions of state and local law the City may
continue to guard against a significant danger to the inhabitants of the City; and
WHEREAS, the City has the authority to enact ordinances which are necessary and
proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent
with the laws of this State; and
WHEREAS, City staff recommends that to better ensure the health, safety and welfare of
the citizens of Fort Collins, the City should replace the current language of the provision
prohibiting flammable gases and solvents with a prohibition against the use of alcohol and
ethanol in the marijuana extraction process in the City other than in licensed medical and retail
marijuana manufacturing facilities; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 17-194 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 17-194. Use of flammable gases, flammable solvents, flammable liquids, and/or
alcohol, including ethanol for extractions prohibited.
No person shall use flammable gases, flammable solvents, flammable liquids and/or
alcohol, including ethanol, in the extraction of THC or other cannabinoids in the City
unless such person is doing so. This Section shall not apply to any person licensed with
the City or State who is extracting or manufacturing THC or other cannabinoids in a
licensed medical marijuana infused products manufacturing facility or in a licensed retail
marijuana products manufacturing facility and in compliance with all applicable state and
city laws, and all rules and regulations promulgated thereunder, including any and all
necessary permits.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Craig Horton, Police Lieutenant
Tessa Greegor, FCBikes Program Manager
SUBJECT
Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New
Part 21 Regulating Bicycles.
B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins
Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions.
The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic Code (the
“FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws,
and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets.
Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety goals
established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions regulating bicycles
that are currently dispersed sporadically throughout various sections of the FCTC into a new Part 21 of the
FCTC. Part 21 provides a common, easy to read reference both for bicycle riders and officers enforcing the
bicycle laws.
Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on bicycle
tickets.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Building on the City’s designation as a Platinum-level Bicycle Friendly Community, the 2014 Bicycle Master
Plan developed a vision and a comprehensive set of recommendations for improving the safety and
accessibility of bicycling for people of all ages and abilities, across the community. The 2014 Bicycle Master
Plan recommends improved bicycle-related enforcement strategies as an integral component of increasing
bicycle safety. Following the adoption of the Bicycle Master Plan, FC Bikes and Police Services partnered to
further develop the recommended bicycle enforcement strategies including identifying improvements to the
FCTC to support bicycle enforcement and education needs. The proposed amendments to the FCTC were
developed by FC Bikes and Police Services and through stakeholder input.
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Agenda Item 13
Item # 13 Page 2
Current Ordinance
Police Services and FC Bikes currently refer to a complicated spreadsheet to educate and enforce provisions
of the FCTC that pertain to bicycles. Attachment 1 is the document police officers refer to when writing
citations into Municipal Court for bicycle violations. The spreadsheet is cumbersome and difficult to read and
therefore, it is difficult to educate officers and the public about its contents. The various citations for common
bike offenses are found in Sections 1412, 221, 224, 802, and by reference 603, 1401 and 1402 of the FCTC.
The fines are disparate, running from $25 to $100. Some charges carry a mandated $35 Traffic Calming
Surcharge but most do not. The most expensive tickets written for bicycle related violations can total $170 in
fines and costs. The least expensive bicycle tickets are $60 inclusive of costs. Aside from the difficulties in
navigating the FCTC’s bicycle provisions is the simple fact that police officers are reluctant to write bicyclists
$170 tickets. Consequently, police officers are less likely to regularly focus on bicycle enforcement efforts.
Attachment 2 is a brochure the FC Bikes Program uses to explain the bike laws when teaching bicycle safety
classes or distributing materials. The information is taken from the police officer’s enforcement manual. For
the same reasons stated above, a bicycle safety instructor or citizen has to parse out from the FCTC the most
important safety messages the City is trying to convey. The City should have a consistent and clear message
for bicycle education and enforcement; however, the materials provided highlight the confusing nature of the
Code as it relates to bicycles.
Proposed Ordinances
Ordinance No. 120, 2015-Amends various portions of Fort Collins Traffic Code and adds Part 21 exclusive to
bicycle provisions.
After careful review of the Traffic Code (FCTC), a new Part 21 is proposed for adoption. Part 21 brings
together all of the FCTC’s provisions specific to bicycles. It is ordered with headings so that the sections are
easy to follow. The new ordinance makes the law accessible to more citizens through its simple layout.
Importantly, the law is ordered to emphasize certain provisions of the FCTC that, when violated, lead to the
most common and most serious crashes involving people on bicycles. The crash information was provided by
the City’s Traffic Operations Department and was used to identify priorities for enforcement. Importantly, no
new language has been added to the FCTC; this is simply a reordering of the FCTC to highlight bicycle safety,
and simplify and streamline education and enforcement. Attachment 3 shows the proposed enforcement
section of the patrol officer’s manual.
The simple design of the new Part 21 allows for more intuitive coordination of the education and enforcement
messages as outlined below. The education message is listed first, followed by the supporting enforcement
section from Part 21:
1. Always stop at a Stop Sign or Red Light
a. FCTC 2101 – Disregarded a Traffic Control Device
2. Don’t ride carelessly or recklessly
a. FCTC 2102 – Reckless and Careless Riding
3. Never ride off of a sidewalk into an intersection or street without looking first and stopping for
cars
a. FCTC 2103 – Suddenly left a place of safety
4. Always ride in the direction of traffic
a. FCTC 2104 – Failed to ride as far right as safely possible
5. Always signal your intent to make a right or left turn
a. FCTC 2105 – Failed to signal a turn
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Agenda Item 13
Item # 13 Page 3
6. Yield and give an audible signal to pedestrians on sidewalks and trails
a. FCTC 2106 – Failed to yield to pedestrian or sign on sidewalk or trail
7. Use a bike light or headlamp at night and have a rear red reflector
a. FCTC 2107 – Headlamp and reflectors required
Ordinance No. 121, 2015-Removes bicycle violations from the Traffic Calming Surcharge ordinance.
On June 15, 2010, Council amended Section 1-15(g) of the City Code to require the $35 Traffic Calming
Surcharge (TCS) be assessed on the small number of bicycle violations that carry a fine of $100 or more.
From 2010-2014, Municipal Court collected approximately $8,250 in Traffic Calming Surcharges (TCS) from
235 defendants, or an average of $1,645 per year. The financial impact of the fine collection is negligible;
however the TCS was only added to the violations that already carry $100 fines. With the addition of the TCS
and court costs, a defendant charged with running a stop sign on a bicycle can pay $170.
The goal of all traffic safety enforcement is to influence motorist and bicyclist behavior. When addressing
motorist violations, officers often receive a “Thank you” from a citizen, even when they have received a ticket.
Positive interactions are more difficult to yield when officers are enforcing bike laws and writing cyclists very
expensive tickets. Combined with the general leveling of the Municipal Court’s fine structure, removing the
TCS will further simplify and increase the fairness of and enforcement of the bike provisions in the Traffic
Code.
Further actions
Staff will recommend that the Municipal Court fine schedule for first offense bicycle violations be modified to a
uniform $50.
This requested action would raise the fine for almost all bicycle violations, which are currently set at $25, but
would lower the highest fines from $100. A flattened fine structure is easy to communicate to the bicycle
community and also to police officers.
Staff has requested that the City Prosecutor consider reduced fines and costs if a defendant timely completes
the City’s Bicycle Traffic Citation Course.
The Bicycle Traffic Citation Course was created in response to the 2011 Bicycle Safety Education Plan and
has proven successful, with documented positive learning outcomes. The class is an option for prosecutors to
offer to defendants receiving bicycle violations. In the event the class is offered and completed, an $85 citation
($50 fine, $35 court fee) can be reduced to $35.
CITY FINANCIAL IMPACTS
Revenues from TCS go directly into TCS dedicated reserves and do not go to the General Fund. Removing
the $35 bicycle violation surcharge will result in an average $1650 per year reduction in the TCS reserves per
year. The impact is very small considering the yearly additions to the reserve balance have averaged nearly
$350,000.
The overall goal of the City Council’s 2014 Bicycle Master Plan is to increase the number of people safely
riding bicycles in the City. Increasing the feeling of safety and security for bicyclists has a positive impact on
the environment through increased ridership and subsequently reduced carbon emissions from motor vehicles.
Consistent and effective education and enforcement pave the way to these goals. Additionally, by improving
the safety of bicycling in Fort Collins, more people will choose to adopt this mode of transportation and
recreation, thereby promoting a healthy community.
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Agenda Item 13
Item # 13 Page 4
BOARD / COMMISSION RECOMMENDATION
Staff presented the enforcement initiative and proposed ordinance changes to the City’s Bicycle Advisory
Committee (BAC) on April 27 and August 24, 2015. The BAC was positive about the changes. A formal
endorsement was not requested from the committee.
PUBLIC OUTREACH
On April 21, 2015 the Coloradoan published a story headlined “Fort Collins bike code to increase enforcement,
safety.” The article highlighted the proposed changes to the FCTC in general terms and also discussed the
restructuring of the fines. The article was shared on Facebook 364 times, commented on 14 times and
retweeted six times.
On August 6, 2015, staff participated with Councilmember Cunniff in a Town Hall meeting about bicycle safety.
Lt. Horton introduced the FCTC ordinance change in general terms as a way to make the bicycle laws more
accessible to everyday people. Over 200 people attended this meeting.
In addition to the City’s BAC, staff met with the following Committees to introduce the ordinance change and
solicit feedback. Many of the suggestions received were worked into the proposal:
Bicycle and Pedestrian Education Coalition:
April 2, 2015 – Initial presentation and listening session
May 5, 2015 – Update
CSU Campus Bicycle Advisory Committee:
April 9, 2015 – Initial presentation and listening session
ATTACHMENTS
1. Police Officer's current reference material regarding bicycle laws (PDF)
2. Citizen's brochure regarding bicycle laws (PDF)
3. Proposed Police Officer reference material and Citizen brochure language (PDF)
4. Bicycle Advisory Committee, April 27 and August 24, 2015 (PDF)
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Current reference material from a police officer’s field manual regarding bicycle laws
BICYCLES
Muni
Code
Muni
Fine
Surcharge Class
Court
Fee
Points
Common
Code
ATTACHING – Self or bicycle to another vehicle 1412(4) 25 0 PAM 35 0 925
BICYCLE PATH – Failed to use 1412(12) 25 0 PAI 35 0 926
BRAKES REQUIRED-Mechanical Brake not
present 221(7)
25 0 PAI 35 0 931
DISMOUNT VIOLATION-rode in dismount area 1412(10) 75 0 PAI 35 0 925
DISREGARDED TRAFFIC CONTROL DEVICE-Stop
Sign 1412(1)
100 35 PAI 35 0 924
DISREGARDED TRAFFIC CONTROL DEVICE-Red
Light 1412(1)
100 35 PAI 35 0 924
FRONT LAMP – Required on bicycle 221(2) 25 0 PAI 35 0 931
HANDS – Failed to ride with at least 1 hand on
handlebar 1412(7)
25 0 PAM 35 0 925
HAND SIGNAL – Failed to use proper 1412(9a) 25 0 PAM 35 0 925
LEFT TURN – Made improper 1412(8) 25 0 PAM 35 0 925
LEFT TURN – FTYROW to oncoming traffic
during 1412(8b)
25 0 PAM 35 0 925
LANE USAGE – Failed to ride in right hand lane 1412(5) 25 0 PAM 35 0 925
LANE USAGE – More than 2 abreast in a lane 1412(6a) 25 0 PAM 35 0 925
PARKING - On sidewalk where prohibited 1412(11a) 25 0 PAM 35 0 924
PARKING – On roadway where prohibited 1412(11c) 25 0 PAM 35 0 924
PARKING – Bike impeded vehicles on roadway 1412(11d) 25 0 PAM 35 0 924
PARKING – Inhibited pedestrians on sidewalk 1412(11b) 25 0 PAM 35 0 924
PROHIBITED SIGN – Rode on divided highway
where 1010(3)
25 0 PAM 35 0 924
RECREATION TRAIL – Failing to give warning
while passing on 1412(14)
25 0 PAM 35 0
RED REFLECTOR – Required on rear of bicycle 221(3) 25 0 PAI 35 0 931
RIDERS – Manner of upon or astride a
permanent or regular 1412(2)
25 0 PAM 35 0 925
RIDERS – Number not to exceed number or
design as equipped 1412(3)
25 0 PAM 35 0 925
ROADWAY/PATHWAY – Rode upon or across
where prohibited by sign 1412(10b)
25 0 PAI 35 0 924
R.O.W. – Failed to yield ROW to pedestrian 1412(10a) 25 0 PAM 35 0 925
SIDE REFLECTIVE – Material or lamp required 221(4) 25 0 PAT 35 0 931
SIDEWALK – Rode where prohibited by sign on 1412(10b) 25 0 PAM 35 0 924
SIREN / WHISTLE – Unlawful use of on bicycle 221(6) 25 0 PAI 35 0 931
Crowding or Threatening a bicyclist 1008.5 100 35 PAI 35 4 141
Current brochure for citizen’s regarding bicycle laws
ATTACHMENT 2
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Attachment: Citizen's brochure regarding bicycle laws (3517 : Bicycle Amendments)
Proposed reference material from a police officer’s field manual regarding bicycle laws
BICYCLES Section Fine Court Surcharge
Disregard a traffic control device 2101 50 35 0
Careless or reckless riding 2102 50 35 0
Suddenly left a place of safety 2103 50 35 0
Failed to ride as far right as safely as possible 2104 50 35 0
Failed to signal a turn 2105 50 35 0
Failed to use audible signal or yield to others or
obey a sign on a sidewalk or trail
2106 50 35 0
Headlamp and reflectors required 2107 50 35 0
Proposed brochure language for citizen’s regarding bicycle laws
1. Always stop at a stop sign or red light
a. FCTC 2101 – Disregarded a traffic control device
2. Don’t ride carelessly or recklessly
a. FCTC 2102 –Careless or reckless riding
3. Never ride off of a sidewalk into the street without looking first and stopping for cars
a. FCTC 2103 – Suddenly left a place of safety
4. Always ride in the direction of traffic
a. FCTC 2104 – Failed to ride as far right as safely possible
5. Always signal your intent to make a right or left turn
a. FCTC 2105 – Failed to signal a turn
6. Yield and give an audible signal before passing on sidewalks and trails
a. FCTC 2106 – Failed to use audible signal or yield to others or obey a sign on a sidewalk or trail
7. Use a bike light or headlamp at night and have a rear red reflector
a. FCTC 2107 – Headlamp and reflectors required
ATTACHMENT 3
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Attachment: Proposed Police Officer reference material and Citizen brochure language (3517 : Bicycle Amendments)
Tom Petrie
Michele Scalva, Recorder
CALL TO ORDER
The meeting was called to order by Chair Cranmer at 6:10 p.m.
AGENDA REVIEW
No changes to the agenda.
PUBLIC COMMENT
No public comment.
APPROVAL OF MINUTES
With incorporating the stated changes, the minutes were approved unanimously.
FOLLOW-UP FROM PRIOR MEETING/FUTURE BUSINESS
New At Large member, Cathy Busch-Kinkaid, introduced herself and shared her interests for joining
the BAC.
Chair Cranmer stated she is continuing on as an At Large member and shared her history, affiliations
and interests with the bike community.
Chair Cranmer thanked Dan Gould and Dee Colombini, out-going At Large members, for their
service.
Chair Cranmer stated Kathryn Grimes, absent, is contacting CDOT and will update the BAC at the
June meeting.
ACTION ITEMS
Bicycle Safety Enforcement Initiative – guest speaker Lieutenant Horton
It is bike enforcement week. Two parts of the initiative are: 1)Increased ridership and 2)Bike safety.
Highlights:
x There has been a decrease in tickets written to bicyclists although bicycle accidents have
increased; 50% of accidents are caused by bikes and 50% by cars.
x A hand-out was provided with diagrams of the top 3 causes for bicyclist-car accidents, which
account for 80% of the accidents.
x In 2014, FC Police wrote 40 tickets for cyclists running stop signs.
x FCPD, with consult from FC Bikes and other groups, is defining five priority bicycle violation codes
based on the most frequent causes of accidents, and education/enforcement will be driven by
these priority codes/violations. Members shared suggestions for ticket violations.
x Wrong-way accidents, legal or illegal, account for 30% of accidents.
Q&A:
x Information about CSU bicycling enforcement was shared.
x It is at an officer’s discretion in evaluating whether a cyclist has stopped properly at a stop sign.
x Issues of a cyclist taking the road when there is not a bike lane were discussed. Officer Horton
shared that a motorist approaching a cyclist taking the lane can pass the cyclist safely by crossing
over double yellow lines if there is not on-coming traffic.
x The bike safety classes may provide a holistic view of safety for all road users.
x Cyclists ages 14 and older can be written a ticket and sent to municipal court.
Bicycle Advisory Committee
April 27, 2015 ATTACHMENT 4
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Attachment: Bicycle Advisory Committee, April 27 and August 24, 2015 (3517 : Bicycle Amendments)
Bicycle Advisory Committee
August 24. 2015
(DRAFT)
Bicycle Safety Enforcement Initiative (Lt. Craig Horton)
Lieutenant Craig Horton of the Fort Collins Police Dept. provided attendees with handout (attached
to minutes) of the proposed City Ordinance to regulate operation of bicycles, electrical assisted
bicycles, and other human‐powered vehicles. (See 13 pages of Ordinance changes, and 4 additional
pages of penalty/fines applied to violators and September 2015 Ride Smart Drive Smart Campaign
details)
Bicycle ordinance changes in the handout are highlighted in blue. This included removal of some
city code sections as they related to bicycles in exchange for a section devoted to bicycles (Part 21).
Craig emphasized the new sections of Part 21 (page 8 – 13).
The top 7 “Codes” (FCTC 2101 – FCTC 2107) are the easiest to inforce.
‐ See Handout to further review basic language (key messages) and FCTC Part 21 reference of
these top 7 Codes.
‐ Craig presented a quick hand out form of these codes that has been used when enforcing
new ordinances and educating others.
‐ All City bicycles fines are being raised from $25 to $50. A couple of fines are being reduced
to $50.
‐ Strengthened fines also include provision for reduced court costs and lessor fines if the
violators will attend a bike safety class.
Craig asked for further suggestions (changes) from BAC members regarding these new ordinances.
Comments are needed by______
The FC Police Departments next Ride Smart Drive Smart Campaign will be Sunday, September 27th
through Saturday October 3rd. Two parts of the initiative are: 1) Increased ridership and 2) Bike safety.
‐ Focus will be on both cars and bikes.
‐ Focus will be on intersections in target locations where more than 80% of bicycle versus
vehicle collisions occur. (See flyer for specific locations.)
Traffic codes cannot be rewritten, but this campaign will provide an incentive … (Tessa, didn’t catch
this)
Q&A:
Question about Code #3 – (Always ride as far to the right of the roadway as you are safely able)
‐ Although this code may sound obvious, Craig explained that the provision is used to
encourage riders to not ride on the wrong side of the road, or facing traffic.
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Attachment: Bicycle Advisory Committee, April 27 and August 24, 2015 (3517 : Bicycle Amendments)
Question about Code #6 ‐ (Yield and give an audible signal to pedestrians on sidewalks and trails)
‐ Could Code #6 be changed to include audible signal when passing, including passing
cyclists?
A. This change will be taken into consideration
‐ Could Code #6 include riding on streets as well?
A. State law discourages inclusion of streets.
Q. Are these FC laws being discussed with Larimer County and CSU organizations?
A. No, this is a city ordinance. The county and CSU have their own ordinances.
Ragan suggested again that collaboration with County and CSU needs to be a focus.
Q. Lt. Horton was asked if the FC Police presence at the August Bike Festival was of value. He
mentioned that he would share lessons learned (by FC Police) at a future meeting.
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Attachment: Bicycle Advisory Committee, April 27 and August 24, 2015 (3517 : Bicycle Amendments)
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ORDINANCE NO. 120, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE AND ADDING TO IT
A NEW PART 21 REGULATING BICYCLES
WHEREAS, bicycles are vehicles pursuant to the Fort Collins Traffic Code and the State
of Colorado; and
WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master
Plan to increase ridership and to improve the safety of bicycle use in the City; and
WHEREAS, the current bicycle provisions are dispersed throughout the Traffic Code
making the provisions difficult to find and potentially confusing; and
WHEREAS, City staff has recommended that the Fort Collins Traffic Code be amended
to include all bicycle laws in a separate part to make it easier both for the citizens and law
enforcement officers to locate such laws and better ensure the health, safety and welfare of the
citizens of Fort Collins; and
WHEREAS, the City Council has the authority to enact ordinances that are necessary and
proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent
with the laws of this State; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are 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 Section 221 of the Fort Collins Traffic Code is hereby amended to
read as follows:
221. Bicycle and personalPersonal mobility device equipment.
(1 ) No other provision of this Part 2 and no provision of Part 3 of this Traffic
Code shall apply to an bicycle, electrical assisted bicycle or EPAMD or to
equipment for use on an bicycle, electrical assisted bicycle or EPAMD
except those provisions in this Traffic Code made specifically applicable
to such a vehicle.
(2) Every bicycle, electrical assisted bicycle or EPAMD in use at the times
described in Section 204 shall be equipped with a lamp on the front
emitting a white light visible from a distance of at least five hundred (500)
feet to the front.
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(3) Every bicycle, electrical assisted bicycle or EPAMD shall be equipped
with a red reflector of a type approved by the State Department of
Revenue, which shall be visible for six hundred (600) feet to the rear when
directly in front of lawful lower beams of headlamps on a motor vehicle.
(4 ) Every bicycle, electrical assisted bicycle or EPAMD when in use at the
times described in Section 204 shall be equipped with reflective material
of sufficient size and reflectivity to be visible from both sides for six
hundred (600) feet when directly in front of lawful lower beams of head
lamps on a motor vehicle or, in lieu of such reflective material, with a
lighted lamp visible from both sides from a distance of at least five
hundred (500) feet.
(5 ) An bicycle, electrical assisted bicycle or EPAMD or its rider may be
equipped with lights or reflectors in addition to those required by
Subsections (2) to (4) of this Section.
(6 ) A bicycle or electrical assisted bicycle shall not be equipped with, nor
shall any person use upon a bicycle or electrical assisted bicycle, any siren
or whistle.
(7) Every bicycle or electrical assisted bicycle shall be equipped with a brake
or brakes that will enable its rider to stop the bicycle or electrical assisted
bicycle within twenty-five (25) feet from a speed of ten (10) miles per
hour on dry, level, clean pavement.
(8) A person engaged in the business of selling bicycles or electrical assisted
bicycles at retail shall not sell any bicycle or electrical assisted bicycle
unless the bicycle or electrical assisted bicycle has an identifying number
permanently stamped or cast on its frame.
Section 2. That Section 224 of the Fort Collins Traffic Code is hereby amended to
read as follows:
224. Horns or warning devices.
. . .
(3) No bicycle, electrical assisted bicycle or low-power scooter shall be
equipped with, nor shall any person use upon such a vehicle, a siren or
whistle.
. . .
Section 3. That Subsection (3) of Section 802 of the Fort Collins Traffic Code is
hereby amended to read as follows:
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802. Pedestrians right-of-way in crosswalks.
. . .
(3) No pedestrian shall suddenly leave a curb or other place of safety and ride a
bicycle, ride an electrical assisted bicycle, walk or run into the path of a moving
vehicle that is so close as to constitute an immediate hazard.
. . .
Section 4. That Section 1401 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1401. Reckless driving.
A person who drives any motor vehicle, bicycle, electrical assisted bicycle or low-
power scooter in such a manner as to indicate either a wanton or a willful
disregard for the safety of persons or property is guilty of reckless driving. A
person convicted of reckless driving of a bicycle or electrical assisted bicycle
shall not be subject to the provisions of Section 42-2-127, C.R.S.
Section 5. That Section 1402 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1402. Careless driving.
A person who drives a motor vehicle, bicycle, electrical assisted bicycle or low-
power scooter in a careless and imprudent manner, without due regard for the
width, grade, curves, corners, traffic and use of the streets and highways and all
other attendant circumstances, is guilty of careless driving. A person convicted of
careless driving of a bicycle or electrical assisted bicycle shall not be subject to
the provisions of Section 42-2-127, C.R.S.
Section 6. That Section 1412 of the Fort Collins Traffic Code is hereby deleted in its
entirety as follows:
1412. Operation of bicycles, electrical assisted bicycles and other human-powered
vehicles. Reserved
(1) Every person riding a bicycle or electrical assisted bicycle upon a roadway
where bicycle and electrical assisted bicycle travel is permitted shall be
granted all of the rights and shall be subject to all of the duties and
penalties applicable to the driver of a vehicle as set forth in this Traffic
Code, except those provisions of this Traffic Code that, by their very
nature, can have no application. Said riders shall also comply with special
rules set forth in this Section and in Section 220(1)(b) and (1)(c) and
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Section 221 and, when using streets and highways within the City, shall be
subject to local ordinances regulating the operation of bicycles and
electrical assisted bicycles as provided in Section 42-4-111, C.R.S.
Whenever the word vehicle is used in any of the driving rules set forth in
this Traffic Code that are applicable to bicycle or electrical assisted
bicycle riders, such term shall include bicycles and electrical assisted
bicycles.
(a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23-
5-106 and 107, C.R.S. shall apply on the campus of the University.
(b) The parent of any child or guardian of any ward shall not authorize
or knowingly permit any child or ward to violate any provision of
this Section.
(2) A person riding a bicycle or electrical assisted bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(3) No bicycle or electrical assisted bicycle shall be used to carry more
persons at one (1) time than the number for which it is designed and
equipped.
(4) No person riding upon any bicycle or electrical assisted bicycle shall
attach the same or himself or herself to any motor vehicle upon a roadway.
(5) (a) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic shall ride in the right-hand lane, subject to
the following conditions:
(I) If the right-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride far enough to the right as is reasonably
prudent to facilitate the movement of such overtaking
vehicle unless other conditions make it unsafe to do so.
(II) A bicyclist may use a lane other than the right-hand lane
when:
(A) preparing for a left turn at an intersection or into a
private roadway or driveway;
(B) overtaking a slower vehicle; or
(C) taking reasonably necessary precautions to avoid
hazards or road conditions.
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(III) Upon approaching an intersection where right turns are
permitted and there is a dedicated right-turn lane, a
bicyclist may ride on the left-hand portion of the dedicated
right-turn lane even if the bicyclist does not intend to turn
right.
(b) A bicyclist shall not be expected or required to:
(I) ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects, parked
or moving vehicles, bicycles, pedestrians, animals, surface
hazards or narrow lanes; or
(II) ride without a reasonable safety margin on the right-hand
side of the roadway.
(c) A person operating a bicycle upon a one-way roadway with two
(2) or more marked traffic lanes may ride as near to the left-hand
curb or edge of such roadway as is reasonably prudent, subject to
the following conditions:
(I) If the left-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride as far to the left as is reasonably prudent
to facilitate the movement of such overtaking vehicles
unless other conditions make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) ride over or through hazards at the edge of a
roadway, including but not limited to fixed or
moving objects, parked or moving vehicles,
bicycles, pedestrians, animals, surface hazards or
narrow lanes; or
(B) ride without a reasonable safety margin on the left-
hand side of the roadway.
(6) (a) Persons riding bicycles upon a roadway shall not ride more than
two (2) abreast except on paths or parts of roadway set aside for
the exclusive use of bicycles.
(b) Persons riding bicycles two (2) abreast shall not impede the normal
and reasonable movement of traffic and, on a laned roadway, shall
ride within a single lane.
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(7) A person operating a bicycle or electrical assisted bicycle shall keep at
least one (1) hand on the handlebars at all times.
(8) (a) A person riding a bicycle or electrical assisted bicycle intending to
turn left shall follow a course described in Sections 901(1), 903
and 1007 or may make a left turn in the manner prescribed in
Paragraph (b) of this Subsection (8).
(b) A person riding a bicycle or electrical assisted bicycle intending to
turn left shall approach the turn as closely as practicable to the
right-hand curb or edge of the roadway. After proceeding across
the intersecting roadway to the far corner of the curb or
intersection of the roadway edges, the bicyclist shall stop, as much
as practicable, out of the way of traffic. After stopping, the
bicyclist shall yield to any traffic proceeding in either direction
along the roadway that the bicyclist had been using. After yielding
and complying with any official traffic control device or police
officer regulating traffic on the highway along which the bicyclist
intends to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding the provisions of Paragraphs (a) and (b) of this
Subsection (8), the City Traffic Engineer may cause official traffic
control devices to be placed on roadways and thereby require and
direct that a specific course be traveled and operators of bicycles or
electrical assisted bicycles shall obey the directions of every such
device.
(9) (a) Except as otherwise provided in this Subsection (9), every person
riding a bicycle or electrical assisted bicycle shall signal his or her
intention to turn or stop in accordance with the provisions of
Section 903; except that a person riding a bicycle or electrical
assisted bicycle may signal a right turn with the right arm extended
horizontally.
(b) A signal of intention to turn right or left when required shall be
given continuously during not less than the last one hundred (100)
feet traveled by the bicycle or electrical assisted bicycle before
turning and shall be given while the bicycle or electrical assisted
bicycle is stopped waiting to turn. A signal by hand and arm need
not be given continuously if the hand is needed in the control or
operation of the bicycle or electrical assisted bicycle.
(10) (a) A person riding a bicycle or electrical assisted bicycle upon and
along a sidewalk or pathway or across a roadway upon and along a
crosswalk shall yield the right-of-way to any pedestrian and shall
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give an audible signal before overtaking and passing such
pedestrian. A person riding a bicycle in a crosswalk shall do so in a
manner that is safe for pedestrians.
(b) A person shall not ride a bicycle or electrical assisted bicycle upon
and along a sidewalk or across a roadway upon and along a
crosswalk where such use of bicycles or electrical assisted bicycles
is prohibited by official traffic control devices or local ordinances.
A person riding a bicycle or electrical assisted bicycle shall
dismount before entering any crosswalk where required by official
traffic control devices or ordinance.
(c) A person riding or walking a bicycle or electrical assisted bicycle
upon and along a sidewalk or across a roadway upon and along a
crosswalk shall have all the rights and duties applicable to a
pedestrian under the same circumstances, including but not limited
to the rights and duties granted and required by Section 802.
(d) Low-power scooters are restricted at all times from riding upon
and along a sidewalk, or across a highway or street upon or along a
cross-walk, except when the low-power scooter operator has
dismounted the low-power scooter and is walking the low-power
scooter under human power.
(e) Motorized bicycles are restricted at all times from riding upon and
along a sidewalk, or across a highway or street upon or along a
crosswalk, except when the motorized bicycle operator has
dismounted the motorized bicycle and is walking the motorized
bicycle under human power.
(11) (a) A person may park a bicycle or electrical assisted bicycle on a
sidewalk unless prohibited or restricted by an official traffic
control device or local ordinance.
(b) A bicycle or electrical assisted bicycle parked on a sidewalk shall
not impede the normal and reasonable movement of pedestrian or
other traffic.
(c) A bicycle or electrical assisted bicycle may be parked on the road
at any angle to the curb or edge of the road at any location where
parking is allowed.
(d) A bicycle or electrical assisted bicycle may be parked on the road
abreast of another such bicycle or electrical assisted bicycle near
the side of the road or any location where parking is allowed in
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such a manner as does not impede the normal and reasonable
movement of traffic.
(e) In all other respects, bicycles or electrical assisted bicycles parked
anywhere on a highway shall conform to the provisions of Part 11
of this Traffic Code regulating the parking of vehicles.
(12) Where suitable bike paths, horseback trails or other trails have been
established on the right-of-way or parallel to and within one-fourth (¼)
mile of the right-of-way of heavily traveled streets and highways, the
Colorado Department of Transportation may, subject to the provisions of
Section 43-2-135, C.R.S., by resolution or order, and the City Traffic
Engineer may, where suitable bike paths, horseback trails or other trails
have been established on the right-of-way or parallel to it within four
hundred fifty (450) feet of the right-of-way of heavily traveled streets, by
ordinance, determine and designate, upon the basis of an engineering and
traffic investigation, those heavily traveled streets and highways upon
which shall be prohibited any bicycle, animal rider, animal-drawn
conveyance or other class or kind of nonmotorized traffic which is found
to be incompatible with the normal and safe movement of traffic, and,
upon such a determination, the Colorado Department of Transportation or
the City shall erect appropriate official signs giving notice thereof; except
that with respect to controlled access highways, the provisions of Section
42-4-1010(3), C.R.S., shall apply. When such official signs are so erected,
no person shall violate any of the instructions contained thereon.
(13) For the sake of uniformity of bicycle or electrical assisted bicycle safety
rules throughout the State, the Colorado Department of Revenue, in
cooperation with the Colorado Department of Transportation, shall
prepare and make available to all local jurisdictions for distribution to
bicycle and electrical assisted bicycle riders therein a digest of state
regulations explaining and illustrating the rules of the road, equipment
requirements and traffic control devices that are applicable to such riders
and their bicycles or electrical assisted bicycles. The City Traffic Engineer
may supplement this digest with a leaflet describing any additional
regulations of a local nature that apply within their respective
jurisdictions.
(14) A person riding a bicycle or electrical assisted bicycle upon and along a
recreational trail shall yield the right-of-way to any pedestrian using the
recreational trail and shall give an audible signal or verbal warning before
overtaking and passing any such pedestrian.
(15) The rider of an electrical assisted bicycle shall not use the electrical motor
on a bike or pedestrian path or on a recreational trail unless otherwise
authorized by the City Code.
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Section 7. That the Fort Collins Traffic Code is hereby amended by the addition of a
new Section 1505 which reads in its entirety as follows:
1505. Sidewalks Restricted.
Low-power scooters are restricted at all times from riding upon and along a sidewalk, or
across a highway or street upon or along a cross-walk, except when the low-power
scooter operator has dismounted the low-power scooter and is walking the low-power
scooter under human power.
Section 8. That the Fort Collins Traffic Code is hereby amended by the addition of a
new Part 21 which reads in its entirety as follows:
PART 21 – OPERATION OF BICYCLES, ELECTRIC ASSISTED
BICYCLES AND OTHER HUMAN-POWERED VEHICLES.
2101. General Provisions.
(1) Every person riding a bicycle or electrical assisted bicycle upon a roadway
where bicycle and electrical assisted bicycle travel is permitted shall be
granted all of the rights and shall be subject to all of the duties and
penalties applicable to the driver of a vehicle as set forth in this Traffic
Code, except those provisions of this Traffic Code that, by their very
nature, can have no application. Said riders shall also comply with special
rules set forth in this Part and when using streets and highways within the
City, shall be subject to local ordinances regulating the operation of
bicycles and electrical assisted bicycles as provided in Section 42-4-111,
C.R.S. Whenever the word vehicle is used in any of the driving rules set
forth in this Traffic Code that are applicable to bicycle or electrical
assisted bicycle riders, such term shall include bicycles and electrical
assisted bicycles.
(a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23-
5-106 and 107, C.R.S. shall apply on the campus of the University.
(b) The parent of any child or guardian of any ward shall not authorize
or knowingly permit any child or ward to violate any provision of
this Part.
2102. Reckless and Careless Riding.
(1) A person who drives any bicycle or electrical assisted bicycle in such a
manner as to indicate either a wanton or a willful disregard for the safety
of persons or property is guilty of reckless riding. A person convicted of
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reckless riding of a bicycle or electrical assisted bicycle shall not be
subject to the provisions of Section 42-2-127, C.R.S.
(2) A person who drives a bicycle or electrical assisted bicycle in a careless
and imprudent manner, without due regard for the width, grade, curves,
corners, traffic and use of the streets and highways and all other attendant
circumstances, is guilty of careless riding. A person convicted of careless
riding of a bicycle or electrical assisted bicycle shall not be subject to the
provisions of Section 42-2-127, C.R.S.
2103. Left Place of Safety
No person shall suddenly leave a curb or other place of safety and ride a bicycle
or electrical assisted bicycle into the path of a moving vehicle that is so close as to
constitute an immediate hazard.
2104. Lane Usage.
(1) (a) Persons riding bicycles upon a roadway shall not ride more than
two (2) abreast except on paths or parts of roadway set aside for
the exclusive use of bicycles.
(b) Persons riding bicycles two (2) abreast shall not impede the normal
and reasonable movement of traffic and, on a laned roadway, shall
ride within a single lane.
(2) (a) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic shall ride in the right-hand lane, subject to
the following conditions:
(I) If the right-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride far enough to the right as is reasonably
prudent to facilitate the movement of such overtaking
vehicle unless other conditions make it unsafe to do so.
(II) A bicyclist may use a lane other than the right-hand lane
when:
(A) preparing for a left turn at an intersection or into a
private roadway or driveway;
(B) overtaking a slower vehicle; or
(C) taking reasonably necessary precautions to avoid
hazards or road conditions.
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(III) Upon approaching an intersection where right turns are
permitted and there is a dedicated right-turn lane, a
bicyclist may ride on the left-hand portion of the dedicated
right-turn lane even if the bicyclist does not intend to turn
right.
(b) A bicyclist shall not be expected or required to:
(I) ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects, parked
or moving vehicles, bicycles, pedestrians, animals, surface
hazards or narrow lanes; or
(II) ride without a reasonable safety margin on the right-hand
side of the roadway.
(c) A person operating a bicycle upon a one-way roadway with two
(2) or more marked traffic lanes may ride as near to the left-hand
curb or edge of such roadway as is reasonably prudent, subject to
the following conditions:
(I) If the left-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride as far to the left as is reasonably prudent
to facilitate the movement of such overtaking vehicles
unless other conditions make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) ride over or through hazards at the edge of a
roadway, including but not limited to fixed or
moving objects, parked or moving vehicles,
bicycles, pedestrians, animals, surface hazards or
narrow lanes; or
(B) ride without a reasonable safety margin on the left-
hand side of the roadway.
2105. Turns.
(1) (a) Except as otherwise provided in this Subsection (1), every person
riding a bicycle or electrical assisted bicycle shall signal his or her
intention to turn or stop in accordance with the provisions of
Section 903; except that a person riding a bicycle or electrical
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assisted bicycle may signal a right turn with the right arm extended
horizontally.
(b) A signal of intention to turn right or left when required shall be
given continuously during not less than the last one hundred (100)
feet traveled by the bicycle or electrical assisted bicycle before
turning and shall be given while the bicycle or electrical assisted
bicycle is stopped waiting to turn. A signal by hand and arm need
not be given continuously if the hand is needed in the control or
operation of the bicycle or electrical assisted bicycle.
(2) (a) A person riding a bicycle or electrical assisted bicycle intending to
turn left shall follow a course described in Sections 901(1), 903
and 1007 or may make a left turn in the manner prescribed in
Paragraph (b) of this Subsection (2).
(b) A person riding a bicycle or electrical assisted bicycle intending to
turn left shall approach the turn as closely as practicable to the
right-hand curb or edge of the roadway. After proceeding across
the intersecting roadway to the far corner of the curb or
intersection of the roadway edges, the bicyclist shall stop, as much
as practicable, out of the way of traffic. After stopping, the
bicyclist shall yield to any traffic proceeding in either direction
along the roadway that the bicyclist had been using. After yielding
and complying with any official traffic control device or police
officer regulating traffic on the highway along which the bicyclist
intends to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding the provisions of Paragraphs (a) and (b) of this
Subsection (2), the City Traffic Engineer may cause official traffic
control devices to be placed on roadways and thereby require and
direct that a specific course be traveled and operators of bicycles or
electrical assisted bicycles shall obey the directions of every such
device.
2106. Sidewalks and Trails.
(1) A person riding a bicycle or electrical assisted bicycle upon and along a
recreational trail shall yield the right-of-way to any pedestrian using the
recreational trail and shall give an audible signal or verbal warning before
overtaking and passing any such pedestrian.
(2) (a) A person riding a bicycle or electrical assisted bicycle upon and
along a sidewalk or pathway or across a roadway upon and along a
crosswalk shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such
Packet Pg. 190
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pedestrian. A person riding a bicycle in a crosswalk shall do so in a
manner that is safe for pedestrians.
(b) A person shall not ride a bicycle or electrical assisted bicycle upon
and along a sidewalk or across a roadway upon and along a
crosswalk where such use of bicycles or electrical assisted bicycles
is prohibited by official traffic control devices or local ordinances.
A person riding a bicycle or electrical assisted bicycle shall
dismount before entering any crosswalk where required by official
traffic control devices or ordinance.
(c) A person riding or walking a bicycle or electrical assisted bicycle
upon and along a sidewalk or across a roadway upon and along a
crosswalk shall have all the rights and duties applicable to a
pedestrian under the same circumstances, including but not limited
to the rights and duties granted and required by Section 802.
(d) Motorized bicycles are restricted at all times from riding upon and
along a sidewalk, or across a highway or street upon or along a
crosswalk, except when the motorized bicycle operator has
dismounted the motorized bicycle and is walking the motorized
bicycle under human power.
(3) The rider of an electrical assisted bicycle shall not use the electrical motor
on a bike or pedestrian path or on a recreational trail unless otherwise
authorized by the City Code.
2107. Lights, Reflectors and Equipment.
(1) Every bicycle or electrical assisted bicycle in use at the times described in
Section 204 shall be equipped with a lamp on the front emitting a white
light visible from a distance of at least five hundred (500) feet to the front.
(2) Every bicycle or electrical assisted bicycle shall be equipped with a red
reflector of a type approved by the State Department of Revenue, which
shall be visible for six hundred (600) feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle.
(3) Every bicycle or electrical assisted bicycle when in use at the times
described in Section 204 shall be equipped with reflective material of
sufficient size and reflectivity to be visible from both sides for six hundred
(600) feet when directly in front of lawful lower beams of head lamps on a
motor vehicle or, in lieu of such reflective material, with a lighted lamp
visible from both sides from a distance of at least five hundred (500) feet.
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(4) Every bicycle or electrical assisted bicycle shall be equipped with a brake
or brakes that will enable its rider to stop the bicycle or electrical assisted
bicycle within twenty-five (25) feet from a speed of ten (10) miles per
hour on dry, level, clean pavement.
(5) A bicycle or electrical assisted bicycle or its rider may be equipped with
lights or reflectors in addition to those required by Subsections (1) through
(3) of this Section.
(6) No bicycle or electrical assisted bicycle shall be equipped with, nor shall
any person use upon such a vehicle, a siren or whistle.
2108. Parking.
(1) (a) A person may park a bicycle or electrical assisted bicycle on a
sidewalk unless prohibited or restricted by an official traffic
control device or local ordinance.
(b) A bicycle or electrical assisted bicycle parked on a sidewalk shall
not impede the normal and reasonable movement of pedestrian or
other traffic.
(c) A bicycle or electrical assisted bicycle may be parked on the road
at any angle to the curb or edge of the road at any location where
parking is allowed.
(d) A bicycle or electrical assisted bicycle may be parked on the road
abreast of another such bicycle or electrical assisted bicycle near
the side of the road or any location where parking is allowed in
such a manner as does not impede the normal and reasonable
movement of traffic.
(e) In all other respects, bicycles or electrical assisted bicycles parked
anywhere on a highway shall conform to the provisions of Part 12
of this Traffic Code regulating the parking of vehicles.
2109. Riding Behavior.
(1) A person riding a bicycle or electrical assisted bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(2) No bicycle or electrical assisted bicycle shall be used to carry more
persons at one (1) time than the number for which it is designed and
equipped.
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(3) No person riding upon any bicycle or electrical assisted bicycle shall
attach the same or himself or herself to any motor vehicle upon a roadway.
(4) A bicycle or electrical assisted bicycle shall not be equipped with, nor
shall any person use upon a bicycle or electrical assisted bicycle, any siren
or whistle.
(5) A person operating a bicycle or electrical assisted bicycle shall keep at
least one (1) hand on the handlebars at all times.
2110. Regulatory.
(1) A person engaged in the business of selling bicycles or electrical assisted
bicycles at retail shall not sell any bicycle or electrical assisted bicycle
unless the bicycle or electrical assisted bicycle has an identifying number
permanently stamped or cast on its frame.
(2) For the sake of uniformity of bicycle or electrical assisted bicycle safety
rules throughout the State, the Colorado Department of Revenue, in
cooperation with the Colorado Department of Transportation, shall
prepare and make available to all local jurisdictions for distribution to
bicycle and electrical assisted bicycle riders therein a digest of state
regulations explaining and illustrating the rules of the road, equipment
requirements and traffic control devices that are applicable to such riders
and their bicycles or electrical assisted bicycles. The City Traffic Engineer
may supplement this digest with a leaflet describing any additional
regulations of a local nature that apply within their respective
jurisdictions.
(3) Where suitable bike paths, horseback trails or other trails have been
established on the right-of-way or parallel to and within one-fourth (¼)
mile of the right-of-way of heavily traveled streets and highways, the
Colorado Department of Transportation may, subject to the provisions of
Section 43-2-135, C.R.S., by resolution or order, and the City Traffic
Engineer may, where suitable bike paths, horseback trails or other trails
have been established on the right-of-way or parallel to it within four
hundred fifty (450) feet of the right-of-way of heavily traveled streets, by
ordinance, determine and designate, upon the basis of an engineering and
traffic investigation, those heavily traveled streets and highways upon
which shall be prohibited any bicycle, animal rider, animal-drawn
conveyance or other class or kind of nonmotorized traffic which is found
to be incompatible with the normal and safe movement of traffic, and,
upon such a determination, the Colorado Department of Transportation or
the City shall erect appropriate official signs giving notice thereof; except
that with respect to controlled access highways, the provisions of Section
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42-4-1010(3), C.R.S., shall apply. When such official signs are so erected,
no person shall violate any of the instructions contained thereon.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 194
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ORDINANCE NO. 121, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE
TO BICYCLE TRAFFIC INFRACTIONS
WHEREAS, bicycles are motor vehicles pursuant to the Fort Collins Traffic Code and
the State of Colorado; and
WHEREAS, in 2005, City Council passed Ordinance No. 167, 2005, which created a
Traffic Calming Surcharge (“TCS”) on certain moving violations, to be used to fund the traffic
calming measures and programs developed and implemented by Transportation Services and
Police Services associated with the traffic calming program; and
WHEREAS, in 2009, City Council passed Ordinance No. 136, which extended the TCS
to bicyclists based on the increasing number of bicycle-involved accidents and bicycle-involved
moving violations, and the resulting increase in the use of the Traffic Enforcement Unit’s
resources; and
WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master
Plan to increase ridership and to improve safety of bicycles in the City while also providing an
opportunity to take the City Bicycle Traffic Citation Course; and
WHEREAS, City staff has recommended the Fort Collins Municipal Court level all fines
for all first-time bicycle violations to $50; and
WHEREAS, the TCS has collected a minimal amount of revenue each year and is a cost
that cannot be eliminated by a municipal prosecutor during a plea bargaining process; and
WHEREAS, staff has concluded that the TCS has not had a positive impact on bicyclist
behaviors and compliance; and
WHEREAS, staff is seeking a more effective means to influence bicyclist behavior and to
increase the level of safety and compliance by bicyclists; and
WHEREAS, by leveling all of the bicycle violation fines and eliminating the TCS on
bicycle violations, the prosecutor in his or her discretion on a case-by-case basis will be able to
offer the City’s Bicycle Traffic Citation Course, when appropriate in lieu of the $50 fine, and in
that circumstance, the total cost will be $35 in court costs; and
WHEREAS, staff believes that the option to enter into this type of plea negotiation would
increase the incentives for bicyclists who receive bicycle violations to participate in the City’s
Bicycle Traffic Citation Course, which is expected to improve bicycle safety in the City; and
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WHEREAS, the City Council has determined that removing bicycles from the ambit of
the TCS is in the best interest of the City and will advance the health, safety and welfare of its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1-15(g)(1) of the Code of the City of Fort Collins Fort Collins is
hereby amended to read as follows:
Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
. . .
(g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars
($35.) shall be assessed by the Municipal Court as set forth in this Section and
shall be in addition to court fines, costs, other surcharges and fees. Said surcharge
shall be assessed against any person who:
(1) after a trial or hearing before the Court, a hearing officer, a referee or a
jury, is found guilty of operating a motor vehicle in violation of any
provision of the Fort Collins Traffic Code for which the Department of
Revenue has assigned a penalty of one (1) or more points, or of
operating a bicycle or electric assisted bicycle in violation of any such
provision, as the same has been made applicable to the operators of
bicycles and electric assisted bicycles through Section 1412(1) of said
Code;
. . .
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 196
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Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 197
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
First Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City
of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc
Review of Additional Issues on Request.
EXECUTIVE SUMMARY
The purpose of this item is to amend the City Code to allow City boards and commissions, upon request of the
City Council or the City Manager, to participate in review and consideration of specified matters. This will allow
participation at "Super Issue" meetings by board and commission members.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Board and commission members attended a meeting on February 24, 2014 to discuss ways to improve the
board and commission system. One suggestion made by the members to improve communication with City
Council was the notion of "Super Issue Meetings," where board and commission members are invited to attend
the same meeting to discuss a topic or issue. Since then, five Super Issue meetings have been held, covering
such topics as Affordable Housing, Nature in the City, and Broadband.
Chapter 2, Article III of Fort Collins' City Code describes the duties of each board or commission. Ordinance
No. 122, 2015 adds a section to City Code to permit board and commission participation in discussions of
specified matters on request of the City Council or City Manager, including Super Issue Meetings.
14
Packet Pg. 198
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ORDINANCE NO. 122, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING DIVISION 1 OF ARTICLE III OF CHAPTER 2
OF THE CODE OF THE CITY OF FORT COLLINS
TO ADD A NEW SECTION TO PROVIDE FOR
PARTICIPATION BY BOARDS AND COMMISSIONS IN
AD HOC REVIEW OF ADDITIONAL ISSUES ON REQUEST
WHEREAS, Article III of Chapter 2 of the Code of the City of Fort Collins (“City
Code”) establishes the basic means of operation of the City’s boards and commissions, and sets
out for each such board and commission an identified list of functions; and
WHEREAS, in discussion of ways to facilitate citizen participation in the City’s boards
and commissions and improve the manner in which those bodies function it has been suggested
that there be a means of inviting members of the various boards and commissions to meet
together to learn about and discuss key topics or issues; and
WHEREAS, in light of the success of such “Super Issue” meetings in engaging a cross-
section of board and commission members in the timely discussion of issues of interest to the
City, staff has recommended that the Code be amended to describe a clear process for inviting
boards and commissions to participate in discussion of matters not specifically identified in their
stated functions; and
WHEREAS, the City Council believes that creating an established process for and
recognition of the engagement of boards and commissions in the discussion of broader policy
issues is in the best interests of the City and will further enhance the efficiency and effectiveness
of City operations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Division 1 of Article III of Chapter 2 of the Code of the City of Fort
Collins is hereby amended to add a new Section 2-75, to read as follows:
Sec. 2-75. board and commission consideration of matters upon request.
In addition to the duties and functions specified in this Article III for any particular board
or commission, each such board or commission is hereby authorized to participate on a
case-by-case basis in the review, discussion and advisement of Council regarding any
policy or program matter, upon the request of the City Council or the City Manager.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 200
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist III
Josh Birks, Economic Health Director
Jeff Mihelich, Deputy City Manager
SUBJECT
Resolution 2015-084 Submitting a Substantial Modification of the Midtown Urban Renewal Plan to the City's
Planning and Zoning Board and to the Poudre School District.
EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider adopting a resolution submitting two modifications of
the Midtown Urban Renewal Plan (the “Midtown Plan”) to the Planning and Zoning Board (the “P&Z Board”) to
review at a future meeting to determine whether these modifications are in conformity with City Plan. It also
submits the modifications to the Poudre School District to review in an advisory capacity. This Resolution
follows the action taken by the Urban Renewal Authority Board (the “URA Board”) at its September 8, 2015
meeting. One modification would remove the territory in the Midtown Plan area that is currently not in either of
the Midtown Plan’s two approved tax increment financing district, Prospect South and Foothills Mall (other than
the area preserved in the plan to connect the two tax increment financing districts). The other modification
would amend wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban
renewal project. Adoption of the Resolution will continue the process of modifying the Midtown Plan, which will
require future action by the Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In May 2015, the Colorado General Assembly passed House Bill 2015-1348 (the “URA Reform Bill”). The URA
Reform Bill will affect the City’s Urban Renewal Authority (the “URA”) in several significant ways. Chief among
them is that on and after January 1, 2016, the City will be required to attempt to negotiate an agreement with all
affected taxing entities, like Larimer County, on the issue of how property tax increment generated under any new
City urban renewal plan or the modification of an existing plan will be allocated and spent under the new plan or
modification. If the City and other taxing entities cannot reach such an agreement, the tax-allocation issue will be
decided through “mediation” by the “mediator.”
There is concern that the City’s two existing urban renewal plans, the North College and Midtown Urban Renewal
Plans, and the urban renewal projects ongoing under them, may be negatively impacted by the URA Reform Bill.
In an effort to avoid and minimize this concern, staff recommends that the Council take the following actions before
January 1, 2016: (1) amend the Midtown Plan to remove all the territory in the Midtown Plan area that is not
currently in the Prospect South or the Foothills Mall tax increment financing (“TIF”) districts and to clarify that the
Midtown Plan authorizes only one urban renewal project (the “Midtown Modification”); and (2) amend the North
College Urban Renewal Plan to clarify that it too only authorizes one urban renewal project.
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Agenda Item 15
Item # 15 Page 2
This Council Resolution continues the Midtown Modification process. Since the Midtown Modification is arguably a
substantial modification of the Midtown Plan, the urban renewal statutes require that this process be, to the extent
applicable, the same process that is required for the approval of a new urban renewal plan. Therefore, this
Resolution submits the Midtown Modification to the P&Z Board for consideration and conformance with the City’s
general plan of development, which is City Plan, and to the Poudre School District to review the Midtown
Modification in an advisory capacity.
The Midtown Modification is likely a substantial modification because it will remove a substantial amount of land
from the Midtown Plan area, which area is currently 658.5 acres in size and shown on the map in Attachment 1
(the “Plan Area”). The land to be removed from the Plan Area would be those properties not currently located in
either of the two tax increment financing districts established in the Midtown Plan, these being the Prospect South
Tax Increment District and the Foothills Mall Tax Increment District (jointly, the “TIF Districts”). However, certain
portions of South College Avenue currently not located in the TIF districts will remain in the Plan Area to connect
the two TIF Districts. The Midtown Modification would exclude approximately 490.7 acres (or approximately 75
percent) of the land from the Plan Area as depicted on the map in Attachment 2 (the “Excluded Area”), thereby
resulting in the new boundaries for the remaining Midtown Plan area consisting of approximately 167.9 acres of
land, which boundaries are also depicted in Attachment 2 (the “New Plan Area”).
The primary rationale for this Midtown Modification is to protect the TIF Districts and their existing and future
undertakings and activities that are part of the urban renewal project authorized in the Midtown Plan, like the
Foothills Mall redevelopment, from some of the potential adverse effects of the URA Reform Bill. For instance, if
the properties in the Excluded Area are not removed from the Plan Area and any future urban renewal
undertakings or activities occur on them, an affected taxing entity might argue that such undertakings or activities
have triggered the URA Reform Bill requiring the City and the URA to negotiate with that taxing entity a tax
allocation agreement for not only the new undertakings or activities, but also with respect to the existing
undertakings and activities in the TIF Districts. By removing the Excluded Area from the Plan Area now, this
should eliminate this argument. Then, if and when the City decides to pursue an urban renewal plan and project
for any property in the Excluded Area, it can do so without concern that such action will adversely affect the
existing and future urban renewal undertakings and activities in the Midtown TIF Districts in light of the URA
Reform Bill.
This process to modify the Midtown Plan involves the following steps:
1. URA resolution proposing the Midtown Modification - September 8, 2015 (OCCURRED - the URA adopted
Resolution No. 077 on September 8, 2015);
2. Council resolution submitting the Midtown Modification to the Planning and Zoning Board to review for
conformity with City Plan and to the Poudre School District - September 15, 2015 (this Resolution);
3. Planning and Zoning Board hearing to consider the Midtown Modification and adoption of a resolution with
its recommendation to Council concerning the Modification’s conformance with City Plan - October 8,
2015;
4. Council resolution scheduling a public hearing on the Midtown Modification - October 20, 2015; and
5. Council public hearing to consider a resolution approving the Midtown Modification - December 1, 2015.
This Resolution continues the above process by submitting the Midtown Modification to the P&Z Board and the
Poudre School District. As specified above, following the P&Z Board review, the City Council will need to take
additional steps to move forward the Midtown Modification culminating in a Council public hearing on
December 1, 2015.
CITY FINANCIAL IMPACTS
This Resolution has no direct financial impact on the City.
BOARD / COMMISSION RECOMMENDATION
The URA Board passed Resolution No. 077 on September 8, 2015, proposing the Midtown Modification. A
copy of the resolution is attached (Attachment 3).
15
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Agenda Item 15
Item # 15 Page 3
PUBLIC OUTREACH
Following the URA Board meeting on September 8, 2015, the City began formal public outreach on the
Midtown Modification as well as others recommended changes to the URA operations which will follow a
different process. The outreach includes letter correspondence to the property owners and taxing entities
within the Midtown Plan, as well as, discussion with key stakeholder (e.g., South Fort Collins Business
Association). For addition detail on the public outreach, please refer to the attached public engagement plan
(Attachment 4).
ATTACHMENTS
1. Midtown Plan Area Map - Existing (PDF)
2. Midtown Plan Area Map - Proposed (PDF)
3. URA Resolution No. 077 (PDF)
4. Midtown Modification - Public Engagment Plan (PDF)
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SHIELDS
COLLEGE
DRAKE
PROSPECT
LEMAY
HORSETOOTH
MASON
HARMONY
BOARDWALK
JOHN F KENNEDY
LANDINGS
REMINGTON
TROUTMAN
LEMAY
SWALLOW
STOVER
LAKE
CENTRE
COLUMBIA
OAKRIDGE
WHEATON
WABASH
MEADOWLARK
TROUTMAN
COLONY
SENECA
BOARDWALK
HINSDALE
STANFORD
BROOKWOOD
STUART
MANHATTAN
KEENLAND
PITKIN
WHALERS
CENTENNIAL
PARKWOOD
WELCH
RICHMOND
RESEARCH
STARFLOWER
MONROE
CENTER
MATHEWS
TICONDEROGA
HIGHCASTLE
WINDMILL
SPRING PARK
ATTACHMENT 2
ATTACHMENT 3
15.3
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Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
15.3
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Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
15.3
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Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
15.3
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Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
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SHIELDS
COLLEGE
DRAKE
PROSPECT
LEMAY
HORSETOOTH
MASON
HARMONY
BOARDWALK
JOHN F KENNEDY
LANDINGS
REMINGTON
TROUTMAN
LEMAY
SWALLOW
STOVER
LAKE
CENTRE
COLUMBIA
OAKRIDGE
WHEATON
WABASH
MEADOWLARK
TROUTMAN
COLONY
SENECA
BOARDWALK
HINSDALE
STANFORD
BROOKWOOD
STUART
MANHATTAN
KEENLAND
PITKIN
WHALERS
CENTENNIAL
PARKWOOD
WELCH
RICHMOND
RESEARCH
STARFLOWER
MONROE
CENTER
MATHEWS
TICONDEROGA
HIGHCASTLE
WINDMILL
SPRING PARK
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COLLEGE
DRAKE
PROSPECT
LEMAY
HORSETOOTH
MASON
HARMONY
BOARDWALK
JOHN F KENNEDY
LANDINGS
TROUTMAN
REMINGTON
LEMAY
PUBLIC ENGAGEMENT SUMMARY
PROJECT TITLE: MIDTOWN URBAN RENEWAL PLAN MODIFICATION
OVERALL PUBLIC INVOLVEMENT LEVEL: Inform & Consult
BOTTOM LINE QUESTION:
Should City Council modify the Midtown Urban Renewal Plan to provide protection to the existing
Midtown TIF Districts and their existing and planned urban renewal project undertakings and
activities (e.g., Foothills Mall redevelopment)?
KEY STAKEHOLDERS:
1. Property owners, residents, and business owners in the Midtown Urban Renewal Plan Area
2. South Fort Collins Business Association
3. Affected Taxing Entities (e.g., Larimer County)
TIMELINE:
August 31, 2015 to December 1, 2015
Phase 1: Increase Awareness of Proposed Modification
Timeframe: August 31, 2015 to October 8, 2015
Key Messages:
1. There are two existing tax increment financing (TIF) districts within the Midtown Plan Area – South
Prospect and Foothills Mall
2. State legislature passed HB 2015-1348 (the “URA Reform Bill”) that affects the manner in which
an Urban Renewal Authority (URA) can operate
3. The URA Reform Bill necessitated a change to the Midtown Plan Area to protect the existing and
planned undertakings and activities within the existing Midtown TIF District
4. City remain committed to redevelopment along the community’s spine and the Midtown Plan Area
plays a crucial role in that commitment
5. City desires to honor the changes of the URA Reform Bill and follow the process and procedure
for future TIF districts in the Midtown area
Tools and Techniques:
1. Required notice letter sent to property owners within the Midtown Plan Area
2. Meet with SFCBA to discuss proposed modification of plan
3. Inform affected taxing entities of the proposed change – either informally (meeting) or formally
(letter)
PHASE 2: Required Public Hearing
Timeframe: October 9, 2015 to December 1, 2015
Key Messages:
1. Same as above
Tools and Techniques:
1. Send formal notice to all residents, business owners, and property owners in the affected area 30
days prior to public hearing
2. Publish date of required public hearing with notice in the Coloradoan 30 days prior to the public
hearing
3. Conduct a public hearing as required by statute
ATTACHMENT 4
15.4
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Attachment: Midtown Modification - Public Engagment Plan (3541 : Midtown Plan Changes)
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RESOLUTION 2015-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A SUBSTANTIAL MODIFICATION OF THE MIDTOWN
URBAN RENEWAL PLAN TO THE CITY’S PLANNING AND ZONING BOARD
AND TO THE POUDRE SCHOOL DISTRICT
WHEREAS, on January 5, 1982, the Council of the City of Fort Collins ("Council")
adopted Resolution 82-10 establishing the Fort Collins Urban Renewal Authority (the
"Authority") and designating the Council to serve as the Authority’s Board of Commissioners
(the “Authority Board”); and
WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011-081
approving the Midtown Urban Renewal Plan (the “Plan”) in accordance with the
Colorado Urban Renewal Law, C.R.S. Sections 31-25-101 , et seq. (the "Act"); and
WHEREAS, the Plan identifies and legally describes approximately 658.5 acres of land
as being within the Plan’s boundaries as depicted on the map attached as Exhibit “A” (the “Plan
Area”); and
WHEREAS, the Plan also established a tax increment financing district within the Plan
Area known as "Prospect South,” which district is depicted on Exhibit “A” (the “Prospect TIF
District”); and
WHEREAS, on May 7, 2013, the Council adopted Resolution 2013-043 in which the
Council ratified and reaffirmed the Plan and amended the Plan (the “First Amended Plan”) to
establish within the Plan Area a second tax increment financing district known as “Foothills
Mall,” which district is depicted on Exhibit “A” (the “Mall TIF District”); and
WHEREAS, the Prospect TIF District and the Mall TIF District shall be jointly referred
to as the “TIF Districts;” and
WHEREAS, on September 8, 2015, the Authority Board adopted Resolution No. 077
submitting to the Council for its future consideration a substantial modification of the First
Amended Plan under the Act (the “Authority Resolution”); and
WHEREAS, the substantial modification of the First Amended Plan proposed in the
Authority Resolution would modify the First Amended Plan in two respects; and
WHEREAS, the first modification would amend the wording of the First Amended Plan
to clarify that the First Amended Plan identifies and authorizes only one urban renewal project
(the “First Modification”); and
WHEREAS, under C.R.S. Section 31-25-107(7) the First Modification is not a
substantial modification of the First Amended Plan because it will not result in any substantial
change in the land area, land use, design, building requirements, timing or procedure of the First
Amended Plan; and
Packet Pg. 213
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WHEREAS, the second modification would exclude from the Plan Area the
approximately 490.7 acres of land that are currently not located in either of the TIF Districts,
which excluded land is depicted on the attached Exhibit “B” (the “Excluded Area”), except that
certain portions of South College not in the TIF Districts will remain in the Plan Area in order to
connect the two TIF Districts as depicted on Exhibit “B” (the “Second Modification”); and
WHEREAS, as a result of the Second Modification, the new area of the First Amended
Plan will be reduced to approximately 167.8 acres of land, which area is depicted on Exhibit “B”
(the “New Plan Area”); and
WHEREAS, since the Second Modification results in a substantial change in the First
Amended Plan’s land area, although it will be a decrease and not an increase in land area, under
Section 31-25-107(7) the Second Modification is arguably a substantial modification of the First
Amended Plan that is subject to the notice and hearing requirements in Section 31-25-107; and
WHEREAS, if the First Modification and the Second Modification (jointly, the
“Modification”) are together a substantial modification of the First Amended Plan, Section 31-
25-107(2) requires the Council to submit the Modification to the City’s Planning and Zoning
Board prior to the Council approving the Modification so that the Planning and Zoning Board
can review the Modification and provide its written recommendation to the Council on the sole
question of whether the Modification is in conformity with the City’s general plan for
development of the City as a whole, which is the City’s comprehensive plan titled “City Plan –
Fort Collins” and dated February 15, 2011 (“City Plan”); and
WHEREAS, since the New Plan Area includes within it multiple-family residences,
Section 31-25-107(9)(d) arguably permits the Poudre School District (the “School District”) to
participate in an advisory capacity concerning the proposed Modification.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS as follows:
Section 1. The City Manager is hereby directed to submit the Modification to the
City’s Planning and Zoning Board in accordance with C.R.S. Section 31-25-107(2) by providing
the Planning and Zoning Board with this Resolution, the Authority Resolution, and a written
staff report addressing the Modification’s conformity with City Plan. The Modification is to be
submitted to the Planning and Zoning Board in time for it to so consider the Modification at its
October 8, 2015, regular meeting. In deciding and making its recommendation to Council under
Section 31-25-107(2), the Planning and Zoning Board is to consider the sole question of whether
the Modification is in conformity with City Plan.
Section 2. The City Manager is hereby directed to promptly submit the Modification
to the School District by providing it with this Resolution and the Authority Resolution so that
the School District can, if it desires to do so, review and comment on the Modification in its
advisory capacity as permitted by C.R.S. Section 31-25-107(9)(d).
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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SHIELDS
COLLEGE
DRAKE
PROSPECT
LEMAY
HORSETOOTH
MASON
HARMONY
BOARDWALK
JOHN F KENNEDY
LANDINGS
REMINGTON
TROUTMAN
LEMAY
SWALLOW
STOVER
LAKE
CENTRE
COLUMBIA
OAKRIDGE
WHEATON
WABASH
MEADOWLARK
TROUTMAN
COLONY
SENECA
BOARDWALK
HINSDALE
STANFORD
BROOKWOOD
STUART
MANHATTAN
KEENLAND
PITKIN
WHALERS
CENTENNIAL
PARKWOOD
WELCH
RICHMOND
RESEARCH
STARFLOWER
MONROE
CENTER
MATHEWS
TICONDEROGA
HIGHCASTLE
WINDMILL
SPRING PARK
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JOHN F KENNEDY
LANDINGS
TROUTMAN
REMINGTON
LEMAY
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2015-085 Making Appointments to the Youth Advisory Board.
EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Youth Advisory
Boards due to term expirations and resignations of current members.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Vacancies currently exist on the Youth Advisory Board due to expiration of terms for certain members and
resignations. Applications were solicited during June and July. Councilmembers Ray Martinez and Bob
Overbeck interviewed applicants for vacancies on August 18 and September 2, 2015.
The interview team is recommending the following named individuals be appointed to fill current vacancies on
the Youth Advisory Board, with terms to begin immediately, and expire as listed with each name:
Justin Moritz May 31, 2016
Naitra Ramchander May 31, 2017
Nicholas Lin May 31, 2017
Bekki Nord May 31, 2019
Vivian Bear May 31, 2019
Katie Ko May 31, 2019
16
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RESOLUTION 2015-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE
YOUTH ADVISORY BOARD
WHEREAS, vacancies currently exist on the Youth Advisory Board due to the expiration
of terms and resignations of certain members; and
WHEREAS, the City Council desires to make appointments to fill the vacancies.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following named persons are hereby appointed to fill the current
vacancies on the Youth Advisory Board, with a term to begin immediately and to expire as set
forth after the name:
Youth Advisory Board Expiration of Term
Justin Moritz May 31, 2016
Naitra Ramchander May 31, 2017
Nicholas Lin May 31, 2017
Bekki Nord May 31, 2019
Vivian Bear May 31, 2019
Katie Ko May 31, 2019
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September A.D. 2015.
Mayor
ATTEST:
City Clerk
Packet Pg. 219
City of Fort Collins Page 1
Wade Troxell, Mayor Council Information Center (CIC)
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
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.
City Council Work Session
September 15, 2015
After the Regular Council Meeting, which begins at 6:00 p.m.
CALL TO ORDER.
1. 2016 Budget Revisions. (staff: Lawrence Pollack, Darin Atteberry, Mike Beckstead; 10 minute
staff presentation; 90 minute discussion)
The purpose of this agenda item is to familiarize and seek feedback from City Council on the City
Manager’s Recommended Revisions to the 2016 Budget before the 2016 Annual Appropriation
Ordinance goes to First Reading on November 3 and Second Reading on November 17.
OTHER BUSINESS.
ADJOURNMENT.
DATE:
STAFF:
September 15, 2015
Lawrence Pollack, Budget & Performance Measurement
Manager
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
2016 Budget Revisions.
EXECUTIVE SUMMARY
The purpose of this agenda item is to familiarize and seek feedback from City Council on the City Manager’s
Recommended Revisions to the 2016 Budget before the 2016 Annual Appropriation Ordinance goes to First
Reading on November 3 and Second Reading on November 17.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Staff is seeking Council feedback on the City Manager’s Recommended Revisions to the 2016 Budget.
2. Staff also seeks direction on whether or not to include the two Offers needing further discussion for First
Reading of the 2016 Annual Appropriation Ordinance
BACKGROUND / DISCUSSION
Citywide, supplemental appropriations being recommended total $29.5 million. The General Fund share is
$4.6M, $1.4M is from the Keep Fort Collins Great Fund, $9.1M is from Utility funds, $8.0M is from Transportation,
and the remaining $6.5M is from other various funds. A complete packet of requests is attached. (Attachment 1)
Following are key objectives which the recommendations are intended to address:
Council priorities
Projected revenue from the renewal of the ¼ Cent Street Maintenance Tax
Capital project and other needs not known at the time of the adoption of the 2015-16 Budget (e.g. Climate
Action Plan)
Fiduciary responsibilities in the Self Insurance Fund and the Benefits Fund
Maintaining fund balances to support future needs and economic uncertainty
The recommended 2016 Budget Revisions meet these goals.
Sales and use tax, as well as property tax revenues are expected to be higher than originally anticipated for 2015
and 2016. 2015 sales tax collections are now forecasted to be $3.9M higher while use tax collections are
anticipated to be $7.1M higher. Those amounts are then split into the General Fund (approximately 60%), and
the dedicated voter approved taxes (e.g. Keep Fort Collins Great, OpenSpace Yes!, etc.). The City has been
notified by Larimer County that property taxes are anticipated to be nearly $1.0M higher in 2015 than previously
forecasted.
Looking ahead to 2016, sales tax is forecasted to grow 3.0% over the new 2015 base and use tax is being held
flat to the $17.0M originally forecasted due to the significant volatility of that revenue stream. 2016 property tax is
forecasted to be 10% over the 2015 base, although two-thirds of that increase will go to PFA in 2017, per our IGA.
For the Budget Revision process, only major revenue sources are updated. Any additional revenues that are not
used to fund budget offers will increase the various fund balances.
1
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September 15, 2015 Page 2
Summary of Available Funding
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Sales & Use Tax $ 2.4 $ 6.6 $ 3.0 $ 11.9
Property Tax 0.7 1.0 1.7
Street Maintenance 1/4 Cent 7.7 7.7
Utilities - Use of Reserves 9.1 9.1
Unassigned 2014 1.3 6.8 7.5 8.2 23.8
BCC Excess 1.6 1.6
Benefits Fund Revenue Depts 2.7 2.7
TOTAL $ 3.1 $ 8.9 $ 9.8 $ 15.2 $ 12.5 $ 9.1 $ 58.5
The attached materials have previously been reviewed by the Council Finance Committee during the August 24,
2015 meeting. The following changes were made since then:
Adjusted 2015 Sales Tax growth downward based on the last 3 months of actual collections. The reason
for this is that the later months of 2014 had significant growth over 2013, which challenges growth in the
second half of 2015 over the second half of 2014.
Increased the cost of the Prospect and College Intersection Offer by $300K. The reason for this is to
include a dedicated eastbound to southbound right turn lane. This addition will result in a significant
improvement to the operation of the intersection and staff recommends doing it at the same time as the
other proposed improvements for efficiency.
For the 2016 Budget Revision Requests, staff recommends using $15.3 million from reserves and available one-
time revenue. The requests include use of reserves of $12.3M from the Capital Expansion – Community Parks,
Capital Projects, Light and Power, Wastewater, and General Funds for large capital projects. $0.9M is coming
from Keep Fort Collins Great reserves with the remainder of the reserves primarily coming from the General Fund
for various one-time uses. Descriptions of the recommended requests are included in the 2016 Budget Revision
document (Attachment 1).
Recommended Revisions
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Self Funded Requests $ 0.5 $ 0.1 $ 0.6
Large Capital Projects 1.1 7.8 2.7 5.0 16.6
Climate Action Projects 0.0 0.1 0.1 3.6 3.9
Human Resoures / Benefits 1.1 0.3 0.2 0.2 3.6 0.4 5.8
Other Recommended Programs 0.3 1.6 0.6 0.1 2.6
TOTAL $ 1.5 $ 3.1 $ 1.4 $ 8.0 $ 6.5 $ 9.1 $ 29.5
Offers Needing Further Discussion
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Community Recycle Center O&M 0.4 0.4
Regional Training Facility Design 0.8 0.8
TOTAL $ 0.4 $ 0.8 $ - $ - $ - $ - $ 1.2
September 15, 2015 Page 3
Summary of 2016 Revisions
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Revenue Update $ 3.1 $ 8.9 $ 9.8 $ 15.2 $ 12.5 $ 9.1 $ 58.5
Recommended Budget Revisions 1.5 3.1 1.4 8.0 6.5 9.1 29.5
Net Impact $ 1.6 $ 5.8 $ 8.4 $ 7.2 $ 6.0 $ 0.0 $ 29.0
Discussion Offers 0.4 0.8 - - - - 1.2
Total Net Impact Fund Balance $ 1.2 $ 5.0 $ 8.4 $ 7.2 $ 6.0 $ 0.0 $ 27.8
The mid-cycle revision process is different from the biennial Budgeting for Outcomes process. There was no
review by BFO Results Teams or Boards and Commissions. However, the Executive Leadership Team and City
Manager conducted a comprehensive review to determine which requests should be forwarded on for Council's
consideration. Revised revenue projections and anticipated fund reserves were carefully considered when
making these recommendations.
ATTACHMENTS
1. 2016 Revision Summaries and Items (PDF)
2. Powerpoint presentation (PDF)
1
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Council Work Session
2016 Budget Revision
Requests
September 15, 2015
Attachment 1
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 BUDGET REVISION REQUESTS
TABLE OF CONTENTS
SUMMARY OVERVIEWS
Revision Request Summary ................................................................................................. 1
Revision Request Summary by Funding Source ................................................................. 3
SELF FUNDED OFFERS AND PFA KFCG
Harmony Park and Ride - Parking Enforcement Officer ..................................................... 6
Design Funds - Mail Creek Stream Restoration ................................................................. 7
Emergency Services Dispatcher ....................................................................................... 10
KFCG - Fire Reserves for PFA ......................................................................................... 11
LARGE CAPITAL PROJECTS FUNDED BY RESERVES OR DEDICATED 1/4 CENT
TAX
Southeast Community Park - Water Rights & Construction ............................................. 12
Major Duct Banks and Circuits Funding Increase ............................................................. 13
Prospect Road and College Avenue Intersection Improvements ..................................... 14
Renewal of 1/4 Cent Street Maintenance Tax .................................................................. 16
CLIMATE ACTION PLAN (CAP) OFFERS
Climate Action Plan: Water Reclamation Biogas to Co-Gen ............................................ 17
Climate Action Plan: Business Planning for Strategic Initiatives and
Public-Private Partnership................................................................................................. 18
Climate Action Plan: Energy Code Performance Program
(Including Contractual 1.0 FTE) ........................................................................................ 20
Climate Action Plan: Communication and Engagement Platform Design and
Implementation .................................................................................................................. 22
HUMAN RESOURCE OFFERS
Chief Human Resources Officer Position ......................................................................... 24
Total Rewards Strategy: Career Architecture and Pay Structure……… ......................... .25
Cost Adjustments to the Benefits Fund (Benefits cost) .................................................... 27
Cost Adjustments to the Benefits Fund (cost to Departments) ......................................... 31
OTHER RECOMMENDED 2016 BUDGET REVISION OFFERS
Neighborhood Services Strategic Plan and Implementation of Neighborhood
Districts………………………… ......................................................................................... 34
Nature in the City Implementation (Contractual FTE) ....................................................... 35
Homelessness Initiative - Street Outreach Pilot Program ................................................. 37
Parks Division Competitive Hourly Wages ........................................................................ 39
Spring Canyon Playground Surfacing Replacement ........................................................ 40
Collindale Golf Course Irrigation Control Software Upgrade ............................................ 41
Downtown Parking Structure - Debt Service..................................................................... 42
Increase to Claims Settlement Account within the Self Insurance Fund .......................... 43
IT Open Data Portal - First Phase Implementation ........................................................... 44
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
City Clerk Licensing Coordinator (Contractual FTE) ......................................................... 45
Police Property and Evidence Technician ........................................................................ 46
Additional Bus Stop Improvements for ADA Accessibility (Contractual FTE) ................... 47
OFFERS NEEDING FURTHER DISCUSSION
Annual Operations for the Community Recycling Center (CRC) ...................................... 48
Design Funding for the Police Regional Training Campus ............................................... 50
CAP OFFERS NOT RECOMMENDED FOR 2016 REVISIONS
Energy Services Program Funding ................................................................................... 51
Peak Partners Demand Response Program..................................................................... 52
Solar Renewable Energy .................................................................................................. 53
Climate Action Plan - Flexible Transit Service Pilot Project .............................................. 54
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Requests
Proposed Related
Page Outcome Funding Source Service Area Offer # Adjustment Requested FTE Ongoing $ One-Time $ TOTAL $
Self Funded Offers and PFA KFCG
6 ECON Parking PDT N/A Harmony Park and Ride - Parking Enforcement Officer 0.75 $60,000 $0 $60,000
7ENV Not Applicable Utilities N/A Design Funds - Mail Creek Stream Restoration 000
10 SAFE General Fund Police Services N/A Emergency Services Dispatcher 1.00 70,475 0 70,475
11 SAFE KFCG - Fire PFA N/A KFCG - Fire Reserves for PFA 0 483,219 483,219
Sub-Total 1.75 $130,475 $483,219 $613,694
Large Capital Projects Funded by Reserves or Dedicated 1/4 Cent Tax
12 C&R Capital Expansion Comm & Op Svcs 8.3 Southeast Community Park - Water Rights & Construction
Costs
$0 $1,100,000 $1,100,000
13 ECON Light & Power Utilities N/A Major Duct Banks and Circuits Funding Increase 0 5,000,000 5,000,000
14 TRAN GF = $800K
BCC = $1.6M
PDT N/A Prospect Road and College Avenue Intersection
Improvements
0 2,700,000 2,700,000
16 TRAN Transportation PDT 25.15 Renewal of 1/4 Cent Street Maintenance Tax 7,786,500 0 7,786,500
Sub-Total 0.00 $7,786,500 $8,800,000 $16,586,500
Climate Action Plan (CAP) Offers
17 ENV Wastewater Utilities 174.1 Climate Action Plan: Water Reclamation Biogas to Co-Gen $0 $3,500,000 $3,500,000
18 ENV General Fund,
L&P, Wastewater
Sustainability Svcs N/A Climate Action Plan: Business Planning for Strategic
Initiatives and Public-Private Partnership
0 150,000 150,000
20 ENV General Fund
Light & Power
Utilities N/A Climate Action Plan: Energy Code Performance Program
(including Contractual 1.0 FTE)
1.0 74,000 60,000 134,000
22 ENV General Fund Sustainability Svcs N/A Climate Action Plan: Communication and Engagement
Platform Design & Implementation
0 125,000 125,000
Sub-Total 1.00 $74,000 $3,835,000 $3,909,000
Human Resource Offers
24 HPG General Fund
Benefits Fund
Emp & Comm Svcs N/A Chief Human Resources Officer Position 1.0 $121,276 $21,000 $142,276
25 HPG General Fund Emp & Comm Svcs N/A Total Rewards Strategy: Career Architecture and Pay
Structure
0 275,000 275,000
27 HPG Benefits Fund Emp & Comm Svcs N/A Cost Adjustments to the Benefits Fund (Benefits cost) 2,700,000 0 2,700,000
31 HPG Multiple Funds Emp & Comm Svcs N/A Cost Adjustments to the Benefits Fund (cost to
Departments)
2,720,789 0 2,720,789
Sub-Total 1.00 $5,542,065 $296,000 $5,838,065
Other Recommended 2016 Budget Revision Offers
34 CNL General Fund Comm & Op Svcs 77.1 Neighborhood Services Strategic Plan and Implementation
of Neighborhood Districts
$0 $67,000 $67,000
35 CNL General Fund PDT N/A Nature in the City Implementation (Contractual FTE) 1.0 78,089 0 78,089
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Requests
Proposed Related
Page Outcome Funding Source Service Area Offer # Adjustment Requested FTE Ongoing $ One-Time $ TOTAL $
37 CNL KFCG - Other
Comm. Priorities
Sustainability Svcs 48.7 Homelessness Initiative - Street Outreach Pilot Program 0 80,000 80,000
39 C&R General Fund Comm & Op Svcs 98.1 Parks Division Competitive Hourly Wages 110,000 0 110,000
40 C&R KFCG - Parks &
Rec
Comm & Op Svcs 98.1 Spring Canyon Playground Surfacing Replacement 0 208,000 208,000
41 C&R Golf Comm & Op Svcs 76.1 Collindale Golf Course Irrigation Control Software Upgrade 0 30,000 30,000
42 ECON General Fund Financial Svcs N/A Downtown Parking Structure - Debt Service 0 900,000 900,000
43 HPG General Fund Financial Svcs N/A Increase to Claims Settlement Account within the Self
Insurance Fund
0 600,000 600,000
44 HPG Data & Comm Comm & Op Svcs 9.1 IT Open Data Portal - First Phase Implementation 60,000 40,000 100,000
45 HPG General Fund ELJS 116.3 City Clerk Licensing Coordinator (Contractual FTE) 1.0 68,917 5,700 74,617
46 SAFE KFCG - Police Police Services 56.4 Police Property and Evidence Technician 1.0 73,726 0 73,726
47 TRAN KFCG - Other Tran PDT N/A Additional Bus Stop Improvements for ADA Accessibility
(Contractual FTE)
1.0 275,000 0 275,000
Sub-Total 4.00 $665,732 $1,930,700 $2,596,432
Grand Total 7.75 $14,198,772 $15,344,919 $29,543,691
Offers Needing Further Discussion
48 ENV KFCG - Other
Comm. Priorities
Sustainability Svcs 47.5 Annual Operations for the Community Recycling Center
(CRC)
$380,000 $0 $380,000
50 SAFE General Fund Police Services 56.32 Design Funding for the Police Regional Training Campus $0 $810,000 $810,000
Sub-Total 0.00 $380,000 $810,000 $1,190,000
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2016 Budget Revision Requests - BY FUNDING SOURCE
Total Fund
Related Ongoing &
Fund OutcomeService Area Offer # Adjustment Requested FTE Ongoing $ One-Time $ One-Time $
General Fund CNL Comm & Op Svcs 77.1 Neighborhood Services Strategic Plan and
Implementation of Neighborhood Districts
$0 $67,000 $67,000
CNL Comm & Op Svcs N/A Nature in the City Implementation (Contractual FTE) 1.0 78,089 0 78,089
C&R Comm & Op Svcs 98.1 Parks Division Competitive Hourly Wages 110,000 0 110,000
ECON Financial Svcs N/A Downtown Parking Structure - Debt Service 0 900,000 900,000
ENV Sustainability Svcs N/A Climate Action Plan - Energy Code Performance
Program
37,000 30,000 67,000
ENV Sustainability Svcs N/A Climate Action Plan: Business Planning for Strategic
Initiatives and Public-Private Partnership
0 75,000 75,000
SAFE Police N/A Emergency Services Dispatcher 1.0 70,475 0 70,475
TRAN PDT N/A Prospect Road and College Avenue Intersection
Improvements
0 1,100,000 1,100,000
HPG Financial Svcs N/A Increase to Claims Settlement Account within the Self
Insurance Fund
0 600,000 600,000
HPG ELJS 116.3 City Clerk Licensing Coordinator 1.0 68,917 5,700 74,617
HPG Emp & Comm Svcs N/A Total Rewards Strategy: Career Architecture and Pay
Structure
0 275,000 275,000
HPG Emp & Comm Svcs N/A Chief Human Resources Officer Position 1.0 92,957 21,000 113,957
HPG Emp & Comm Svcs N/A Benefits Adjustments 1,033,806 0 1,033,806
Total General Fund 4.0 $1,491,244 $3,073,700 $4,564,944
KFCG Fund
Fire & Emergency
SAFE PFA KFCG - Fire Reserves for PFA $0 $483,219 $483,219
Sub-Total Fire & Emergency $0 $483,219 $483,219
Parks & Recreation
C&R Comm & Op Svcs 98.1 Spring Canyon Playground Surfacing Replacement $0 $208,000 $208,000
Sub-Total Parks & Recreation $0 $208,000 $208,000
Police
SAFE Police 56.4 Police Property and Evidence Technician 1.0 $73,726 $0 $73,726
Sub-Total Police 1.0 $73,726 $0 $73,726
Other Community Priorities
CNL Sustainability Svcs 48.7 Homelessness Initiative - Street Outreach Pilot
Program
$0 $80,000 $80,000
ENV Sustainability Svcs N/A Climate Action Plan - Communication and
Engagement Platform Design & Implementation
0 125,000 125,000
Sub-Total Other Community Priorities $0 $205,000 $205,000
Other Transportation
TRAN PDT N/A Additional Bus Stop Improvements for ADA
Accessibility (contractual FTE)
1.0 $275,000 $0 $275,000
Sub-Total Police 1.0 $275,000 $0 $275,000
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Requests - BY FUNDING SOURCE
Total Fund
Related Ongoing &
Fund OutcomeService Area Offer # Adjustment Requested FTE Ongoing $ One-Time $ One-Time $
Other KFCG Designations
HPG Emp & Comm Svcs N/A Benefits Adjustments $171,265 $0 $171,265
Sub-Total Other KFCG Designations $171,265 $0 $171,265
Total KFCG Fund 2.0 $519,991 $896,219 $1,416,210
TRAN PDT 25.15 Renewal of 1/4 Cent Street Maintenance Tax $7,786,500 $0 $7,786,500
HPG Emp & Comm Svcs N/A Benefits Adjustments 208,117 0 208,117
Total Transportation Services Fund $7,994,617 $0 $7,994,617
Parking ECON PDT N/A Harmony Park and Ride - Parking Enforcement
Officer
0.75 $60,000 $0 $60,000
HPG Emp & Comm Svcs N/A Benefits Adjustments 10,279 0 10,279
Total Other Funds 0.75 $70,279 $0 $70,279
Benefits HPG Emp & Comm Svcs N/A Chief Human Resources Officer Position $28,319 $0 $28,319
HPG Emp & Comm Svcs N/A Benefits Adjustments 2,700,000 0 2,700,000
Total Benefits Funds $2,728,319 $0 $2,728,319
ECON Utilities N/A Major Duct Banks and Circuits Funding Increase $0 $5,000,000 $5,000,000
ENV Utilities N/A Climate Action Plan - Energy Code Performance
Program
1.0 37,000 30,000 67,000
ENV Utilities N/A Climate Action Plan: Business Planning for Strategic
Initiatives and Public-Private Partnership
0 50,000 50,000
HPG Emp & Comm Svcs N/A Benefits Adjustments 226,568 0 226,568
Total Light & Power Fund 1.0 $263,568 $5,080,000 $5,343,568
Water HPG Emp & Comm Svcs N/A Benefits Adjustments $113,481 $0 $113,481
Total Stormwater Fund $113,481 $0 $113,481
Wastewater ENV Utilities 174.1 Climate Action Plan - Water Reclamation Biogas to
Co-Gen
$0 $3,500,000 $3,500,000
ENV Utilities N/A Climate Action Plan: Business Planning for Strategic
Initiatives and Public-Private Partnership
0 25,000 25,000
HPG Emp & Comm Svcs N/A Benefits Adjustments 44,920 0 44,920
Total Wastewater Fund $44,920 $3,525,000 $3,569,920
Stormwater ENV Utilities 174.1 Design Funds - Mail Creek Stream Restoration (self-
funded)
$0 $0 $0
HPG Emp & Comm Svcs N/A Benefits Adjustments 64,597 0 64,597
Total Stormwater Fund $64,597 $0 $64,597
Transportation
Light & Power
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Requests - BY FUNDING SOURCE
Total Fund
Related Ongoing &
Fund OutcomeService Area Offer # Adjustment Requested FTE Ongoing $ One-Time $ One-Time $
Other Funds
Capital Expansion C&R Comm & Op Svcs 8.3 Southeast Community Park - Water Rights &
Construction Costs
$0 $1,100,000 $1,100,000
Golf C&R Comm & Op Svcs 76.1 Collindale Golf Course Irrigation Control Software
Upgrade
0 30,000 30,000
Capital Projects
(BCC)
TRAN PDT N/A Prospect Road and College Avenue Intersection
Improvements
0 1,600,000 1,600,000
Data and Comm HPG Comm & Op Svcs 9.1 IT Open Data Portal - First Phase Implementation 60,000 40,000 100,000
Various HPG Emp & Comm Svcs N/A Benefits Adjustments 847,756 0 847,756
Total Other Funds $907,756 $2,770,000 $3,677,756
Total All Funds 7.75 $14,198,772 $15,344,919 $29,543,691
Offers Needing Further Discussion
ENV Sustainability Svcs 47.5 Annual Operations for the Community Recycling
Center (CRC)
$380,000 $0 $380,000
SAFE Police Services 56.32 Design Funding for the Police Regional Training
Campus
0 810,000 810,000
Sub-Total 0.00 $380,000 $810,000 $1,190,000
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Mark Jackson
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $60,000
One-time: $0
TOTAL Amount: $60,000
FTE Requested: 0.75 FTE -
Description:
Performance Measures:
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=771
8&object=measure&objectID=109926
TRAN 45. % of citizens responding very good/good - Ease of traveling by public transportation in
Fort Collins
HPG 68. % of citizens responding very good/good to the City's performance in - Managing and
planning for growth
2016 BUDGET REVISION REQUEST
Harmony Park and Ride - Parking Enforcement Officer
294 - PARKING FUND
Economic Health
294 - Parking Fund (grant)
Parking Enforcement Officer
The City of Fort Collins Parking Services Department is entering into a funding agreement with the
Colorado Department of Transportation (CDOT) to contract for daily parking enforcement at the
Harmony Transfer Center (Park and Ride). This provides parking enforcement for CDOT's new inter-
regional bus service, "Bustang". All costs for parking enforcement are borne by CDOT. One .75
hourly parking enforcement position is included in this offer. The budget revision provides the
funds for 2016 enforcement activities.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=771
8&object=measure&objectID=109978
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Revision Title:
Outcome: Contact: Jon Haukaas
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $0
FTE Requested: None TOTAL Amount: $0
Description:
Performance Measure:
ENV 106 Stream Rehabilitation - Number of Linear Feet of Stream Constructed
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=8326&obj
ect=measure&objectID=121038
The Stormwater Utility will be completing an update to our Master Plan Summary documents prior to the
beginning of next year's work on the 2017-2018 BFO process. Those documents will provide the Council
the information necessary to update the prioritization of future Stormwater projects as we move into
that next budgeting cycle.
Please see following pages for additional information requested from the Council Finance Committee
2016 BUDGET REVISION REQUEST
Design Funds - Mail Creek Stream Restoration
504 - STORMWATER FUND
Environmental Health
N/A - self funded
The Fossil Creek Meadows Home Owner's Association (FCMHOA) was annexed in 2009 as part of the
Southwest Annexation process. A section of Mail Creek is severely eroded through FCMHOA property
and is identified in the Mail Creek Basin Master Plan as being in need of repairs.
The prioritization of stormwater projects presented to City Council in 2012 identified this section of Mail
Creek as the third priority stream restoration project after Fossil Creek upstream of Lemay Ave
(completed in the spring of 2015) and Spring Creek through Edora Park (currently in final design).
It has been requested that the Stormwater Utility advance the design of the Mail Creek project to fully
understand the costs, impact, benefits, and layout of a solution to the erosion concerns on the FCMHOA
property.
This will be a complex project for a variety of reasons beyond the steep eroded banks. The site has
limited access and will require easements for access, construction, and maintenance from the FCMHOA.
The New Mercer Irrigation Company runs a significant amount of water through this section and will need
to be involved in the design to ensure the project continues to meet their water delivery needs. The
South Fort Collins Sanitation District has existing easements and infrastructure through this section that
will be impacted by a project. Finally, the environmental study and Corps of Engineers permitting that
has been initiated over the past year will need to be completed.
The impact of advancing this project is it removes construction funding of the Spring Creek project that
staff is coordinating with the replacement of the Riverside Ave bridge leading to EPIC. Final construction
funding will need to come from future appropriations.
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Design Funds – Mail Creek Stream Restoration Offer - UCouncil Finance Committee - 2016 Budget
Revisions Review Follow-up
1.a.
The 2015-2016 BFO process appropriated funds for Stream Rehabilitation as follows:
2015 2016
Spring Creek Stream Restoration & BMPS $600,000 $650,000
Stream Rehab Maintenance Projects $ 50,000 $ 50,000
To date, we have encumbered or spent approximately $200,000 on the Environmental investigation and
permitting for both Spring Creek and Mail Creek, plus the design of the Spring Creek restoration project.
We anticipate having final design completed by October. Taking the longer design time allowed us to
coordinate with Engineering for the proposed replacement of the Riverside Ave bridge leading into EPIC
and for the potential Parks project to replace the pedestrian bridge in this area.
1.b.
Initial estimates place the construction phase costs for the Spring Creek project at $700,000. Any excess
appropriation (in the range of $300,000) will be used for the next Stream Rehabilitation project –
currently identified as the Mail Creek project.
We do not have a clear estimate of what it would take to rehabilitate the Mail Creek segment since no
design work has been completed on the project. We have obviously held a few high level discussions of
potential alternative solutions. At this level of detail our best guess is that the costs will be in the range
of $1.5M-$2.5M, or possibly more.
These types of projects must be constructed between late October and the beginning of April to avoid
the irrigation season as several Irrigation Companies have rights to use the creeks for delivery. We are
in a position to be able to complete the Spring Creek project over the 2015-2016 winter season. The
Mail Creek project will need to wait for the 2016-2017 winter season regardless of funding availability in
order to determine a finalize a designed solutions plus allow for outreach and coordination with the
residents and affected Irrigation Companies.
Due to this uncertainty and timing, we feel it is important to re-allocate the funds to initiate a design as
soon as possible. Having a solid construction plan and cost proposal will allow us to accurately evaluate
the priority for construction versus other stormwater fund needs.
Staff is finalizing the construction proposal for Spring Creek and will develop a design proposal for the
Mail Creek project. Staff intends to complete both actions if sufficient funds are available.
1.c.
Current Stormwater Master Plan identify project needs in excess of $234M based on plans completed or
updated between 2004 and 2012. Funds available for Capital Project construction is approximately $4M
per year. With the various needs and completing priorities for these funds, prioritization becomes
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
extremely important to implementing an efficient and effective program. Staff presented a funding
scenario to the City Council in April of 2012 that proposed to allocate dedicated funds to Stream
Rehabilitation projects. This was driven by the overall Stormwater Repurposing which moved away
from prioritizing projects purely on a public safety perspective and began to consider the other triple
bottom line importance of water quality and habitat improvements. Due to the difficulty of quantifying
a dollar value on comparing water quality improvements to protecting human life, a cost split was
proposed that would allow the City to begin addressing all concerns.
Prioritization looked at three primary needs:
1. Flood Protection & Mitigation projects,
2. Stream Rehabilitation projects, and finally,
3. for previously lower ranked, unranked, or unidentified projects that were generally driven by
emergencies, City Infrastructure needs in coordination with partners, availability of grant
funding, and timing of other projects.
The selected scenario was to allocate the $4M approximately as follows:
x $2,550,000 per year for prioritized flood protection and mitigation projects.
x $650,000 per year for stream rehabilitation projects.
x $850,000 per year for unanticipated project needs.
Examples of this third category have been Poudre River flood repairs, the North East College Corridor
Outfall (NECCO) project to provide infrastructure for the North College URA, outfall improvements made
necessary by the reconstruction of Lincoln Ave, River District storm sewer needs, etc.
An update of the Stormwater Capital Improvement Plan needs assessment and prioritization is being
done over the next few months. We anticipate having this completed prior to entering into the 2017-
2018 BFO process next spring to help guide our requests.
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Revision Title:
Outcome: Contact: Carol Workman
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $70,475
One-time: $0
TOTAL Amount: $70,475
FTE Requested: 1.0 FTE -
Description:
Performance Measure:
SAFE 50. % of citizens responding very good/good quality of - Police services overall in Fort Collins
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7718&
object=measure&objectID=109973
Emergency Services Dispatcher
Earlier this year Poudre Fire Authority completed contract negotiations with University
Health/Poudre Valley Hospital (PVH) for dedicated ambulance services for the City of Fort Collins and
the Poudre Fire Authority district. Within this agreement emergency dispatching services with Fort
Collins 911 was outlined and an additional agreement between The City of Fort Collins and PVH was
completed. Currently the agreement for dispatch services is being circulated for signatures.
In the agreement, PVH has agreed to fund a 1.0 FTE Emergency Services Dispatcher beginning in
2016. This agreement will automatically renew each succeeding year through December 31, 2021 or
until modified.
The 1.0 FTE is necessary for the dispatch center to continue to maintain service levels for PVH and
the community. The position of Emergency Services Dispatcher is critical to the organization as this
position is responsible for handling and triaging incoming 911 telephone calls, non-emergency
telephone calls as well as dispatching field units to calls for service. Additionally, the Emergency
Services Dispatcher is trained in CPR and can provide emergency medical instructions to citizens via
the Emergency Medical Dispatch (EMD) program and protocols. This provides additional medical
related information to responding EMS and Fire personnel based on the condition of the patient.
2016 BUDGET REVISION REQUEST
Emergency Services Dispatcher
100 - GENERAL FUND
Safe Community
100 - General Fund - grant
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Revision Title:
Outcome: Contact: Kirsten Howard
Fund: Package/Offer #: None
Funding Source: Ongoing: 0
One-time: $483,219
TOTAL Amount: $483,219
FTE Requested: None
Description:
PFA staff is requesting the KFCG Reserve for Fire held by the City of Fort Collins. Chief DeMint will
be discussing the budget priorities and targeted outcomes with his staff and the PFA Board of
Directors for allocation of these funds in the PFA 2016 budget. Examples of what these one-time
funds could be used for include a new station alerting system, fire apparatus, self-contained
breathing apparatus, and/or radios. Benefits of these items include response time improvements,
improved citizen and firefighter safety, and communications improvements.
2016 BUDGET REVISION REQUEST
KFCG - Fire Reserves for PFA
840 - POUDRE FIRE AUTHORITY
Safe Community
KFCG Emergency & Fire - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Kurt Friesen
Expense Fund: Package/Offer #: 8.3
Funding Source: Total Amount: $1,100,000
FTE Requested: None
Description:
Performance Measure:
CR 61 - Acres of Park/1,000 Population
Southeast Community Park is a proposed 54 acre community park located at the intersection of
Ziegler and Kechter. The park is currently scheduled to be constructed in 2016 with an anticipated
opening in 2017. Construction costs remain very volatile, and have increased dramatically over the
last few years, resulting in the need for more funding for the project. This request is for an
appropriation of 1.1 million from the Capital Expansion Fund/ Community Parkland reserves to
provide the necessary funding for the park and additional irrigation water shares. There is
approximately 4.3 million currently in Community Parkland reserves.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6288&
object=measure&objectID=109708
2016 BUDGET REVISION REQUEST
Southeast Community Park - Water Rights & Construction
400 - CAPITAL PROJECTS FUND
Culture & Recreation
Capital Expansion Fund - Community
Parkland Reserve
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Travis Walker
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $5,000,000
TOTAL Amount: $5,000,000
FTE Requested: None
Description:
The backbone of the distribution infrastructure required to serve all commercial and residential
customers of the City is a system of primary circuits that are housed in duct banks. While new
developments must cover the costs of the infrastructure required to serve them through electric
development fees, it is necessary to install duct banks ahead of specific developments because the
duct banks serve both existing and new customers. Once a new development requests electric
service, the excess capacity of existing cables installed in the duct banks is assessed to determine if it
is necessary to add another primary cable to serve the new demand. Installing the duct banks
themselves ahead of other utilities being installed ensures adequate space is available in the right of
ways.
Recent assessments have determined the need to install several new duct banks so that there is
availability to add primary cables to serve anticipated new demands.* These conduit systems, or duct
banks, can cost $425,000 per mile in open or "greenfield" development, and can be close to $1M per
mile in established areas such as the Harmony corridor. Light and Power operations personnel have
identified the need for an additional $5M worth of duct banks to be installed in 2016.
* Focus areas for the new duct banks will include the downtown area and east Harmony Road from
Timberline to I-25.
2016 BUDGET REVISION REQUEST
Major Duct Banks and Circuits Funding Increase
501 - LIGHT & POWER FUND
Economic Health
501 - LIGHT & POWER FUND - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Dean Klingner
Expense Fund: Package/Offer #: None
Funding Source #1: Funding Amount #1: $1,600,000
Funding Source #2: Funding Amount #2: 1,100,000
Total Amount: $2,700,000
Ongoing: $0
One-time: 2,700,000
FTE Requested: None TOTAL Amount: $2,700,000
Description:
General Fund - Reserves
This offer proposes to correct the existing deficiencies at the Prospect Road and College Avenue (State
Highway 287) intersection during the same time that CSU will be making required improvements to the
west side of the intersection in order to align the intersection lanes, improve safety, and reduce
congestion.
This project is proposed in addition to, and coordinated with, improvements planned by Colorado State
University (CSU). The full intersection improvements will be cost-shared with CSU based on proportional
traffic demand.
(1) As a part of the Inter-Governmental Agreement (IGA) between CSU and the City, CSU has agreed to
make improvements to the Prospect and College intersection in proportion to the predicted increase in
traffic related to multiple on-campus infrastructure projects.
(2) This presents an opportunity for the City to add complete improvements to the intersection to
address existing problems and increase the citywide benefits of the project.
(3) The 2011 Arterial Intersection Prioritization Study identified College Avenue and Prospect Road as
one of the City’s top ranked locations for needed safety and operational improvements.
Complete expansion and improvement of the intersection may have significant property impacts to
existing businesses located in the vicinity. This offer proposes to explore design alternatives for
improvements that:
• (1) result in significant improvement to existing safety and congestion problems
• (2) could be built along with CSU’s improvements
• (3) have additional elements that could be done in the future and/or phased in with redevelopment of
the adjacent properties, if that opportunity arises.
• (4) include opportunities to improve bicycle and pedestrian flow along the Mason trail, adjacent to
Prospect Road
2016 BUDGET REVISION REQUEST
Prospect Road and College Avenue Intersection Improvements
292 - TRANSPORTATION SERVICES FUND
Transportation
Capital Project Fund (BCC) - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Performance Measure:
TRAN 21. Transportation Capital Projects On-Time and On-Budget
Total City cost including design, right of way acquisition and construction is $2.7M. Additional info:
• CSU does not participate in the Street Oversizing program; therefore Street Oversizing funds would not
generally be allocated for these improvements.
• The City has several recent examples of funding road improvements through the General Fund
including the Lincoln Avenue Improvements and the North College Improvements.
• CDOT has told the City they do not have funds to contribute, but this project could be eligible for grant
funds if they become available in the future.
• With projected traffic growth between now and the fall of 2017 (estimated 80% CSU and 20% City),
and no improvements Level of Service (LOS) goes from D to E. If we implement dual lefts for EB and WB,
LOS goes back to D which is what we have today. If only the EB dual lefts are implemented, we predict
about 1/3 of the congestion-relief compared to the proposed joint project (both EB and WB dual lefts).
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7268&obj
ect=measure&objectID=104446
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Darren Moritz
Expense Fund: Package/Offer #: 25.15
Funding Source: Ongoing: $7,786,500
One-time: $0
TOTAL Amount: $7,786,500
FTE Requested: None
Description:
Performance Measure:
TRAN 3. Cumulative Lane Miles of Roadway Pavement Improved
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6351&obj
ect=measure&objectID=91507
2016 BUDGET REVISION REQUEST
Renewal of 1/4 Cent Street Maintenance Tax
292 - TRANSPORTATION SERVICES FUND
Transportation
Transportation - Street Maintenance 1/4 Cent Tax
In 2005, Fort Collins voters approved a ¼ cent street maintenance tax to help maintain our overall street
network level of service “B” or “Good” rating. This tax was set to expire on 12/31/2015. The Keep Fort
Collins Great (KFCG) tax (dedicated 33% towards street maintenance & repair) doesn’t expire until
12/31/2020. With the combination of the ¼ cent street maintenance tax revenue and KFCG revenue,
the Street Maintenance Program (SMP) has been fully funded from 2011 through 2015.
In April of 2015, voters approved the continuation of the 1/4 cent street maintenance tax. The new tax
expiration date is now 12/31/2025. This dedicated tax revenue shall be used to pay the costs associated
with the repair and renovation of City Streets, including, but not limited to, curbs, gutters, bridges,
parkways, shoulders and medians. The use of these funds will allow for the resurfacing and
maintenance of approximately 65 additional lane miles per year.
This budget revision is an appropriation request for the amount of sales tax that will be collected in
2016.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Jason Graham
Expense Fund: Package/Offer #: 174.1
Funding Source: Ongoing: $0
One-time: $3,500,000
FTE Requested: None TOTAL Amount: $3,500,000
Description:
Performance Measure:
ENV 38. Energy consumption efficiency for wastewater treatment
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6345
&object=measure&objectID=109733
2016 BUDGET REVISION REQUEST
Climate Action Plan: Water Reclamation Biogas to Co-Gen
This budget revision request for 2016 is for the design/build of a cogeneration and gas conditioning
system at the Drake Water Reclamation Facility (DWRF).
Purpose of Offer and Why:
This request is one of four offers responding to City Council and City manager requests for Climate
Action Plan (CAP) implementation strategies. The purpose of these offers is to develop or expand
City programs that will aid in or directly affect the reduction of the community’s greenhouse gas
emissions. This project is scalable with future possible opportunities in community resource
recover initiatives and compressed natural gas for fleet use. This offer also provides an opportunity
to pilot the utilization of third party financing options.
How it Will Work:
Biogas generated from the wastewater treatment process through anaerobic digestion can be fed
to a cogeneration system to generate energy and waste heat. Generated electricity would be used
on-site, potentially reducing the facility’s electrical consumption by approximately 22%. Waste heat
generated would be recovered from the system and could be used to offset fuel used for boilers
and process systems. In addition recovered heat could be chilled and used for facility cooling which
would further reduce our energy consumption and costs.
Expected Outcomes:
This project has been estimated by a third party consultant with a conservative 15 year payback
through reduced electrical and natural gas costs. According to the EPA GHG equivalence tables, the
estimated annual savings from this project of 2100 metric tons of carbon is equivalent to offsetting
the GHG emissions of 300 City of Fort Collins households. If implemented in 2015, this project
would move the reduction dial for GHG emissions from 11.5% to 15% for all City municipal
operations. It will also move the reduction dial for the City’s operational electricity usage from 7%
to 13% on the path towards the 20% reduction by 2020. Financially, when implemented, this
project will reduce the overall City’s municipal operational electricity costs by 5%. This project is
aligned with 2014-2015 BFO Pkg. Offer 174.1 and could access funds from this to help minimize
financial impact.
503 - WASTEWATER FUND
Environmental Health
503 - Wastewater - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Josh Birks
Expense Fund: Package/Offer #: None
Funding Source #1: Funding Amount #1: $75,000
Funding Source #2: Funding Amount #2: $50,000
Funding Source #3: Funding Amount #3: $25,000
Total Amount: $150,000
Ongoing: $0
One-time: $150,000
FTE Requested: None Total Amount: $150,000
Description:
Waste Water
This offer is among four offers responding to City Council and City Manager requests for Climate
Action Plan (CAP) implementation strategies. The purpose of these interdepartmental offers is to
develop or expand City programs and projects that will aid or directly affect the reduction of the
community’s greenhouse gas emissions.
Purpose of Offer & Why:
The primary focus of this offer is to engage external expertise on developing innovative mechanisms
for public and private programs and projects, including but not limited to, public private partnerships
(PPP) to achieve carbon reduction within Fort Collins.
A major aspect of achieving CAP objectives is developing effective programs to support the capital
investment required by the public and private sector. Many of these programs and the associated
funding sources will be consumer oriented and come from the private market. However, a number of
regulatory, policy, and market barriers exist to achieving the Climate Action Plan objectives. These
barriers must be eliminated and/or reduced to develop effective programs for the City, its residents
and its business. Of particular interest are PPPs, where both City and private sector resources can be
leveraged to varying degrees.
Staff will also be seeking outside funding sources and partners (e.g., Clinton Global Initiative, etc.) to
pair with these requested funds enabling additional work and thus a more detailed financing
framework.
Light & Power
2016 BUDGET REVISION REQUEST
Climate Action Plan: Business Planning for Strategic Initiatives and Public-
Private Partnership
Environmental Health
100 - GENERAL FUND
General Fund
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Performance Measure:
ENV 9. Percent decrease in community Greenhouse Gas (GHG) emissions from 2005 baseline
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6282&
object=measure&objectID=91345
Expected Outcomes:
The anticipated outcome(s) of this offer include:
• Identification of, and if possible, solutions for any barriers to existing and new programs
• A report of the potential financing tools to leverage for both public sector and private sector
initiatives or projects
• A matrix comparing potential programs and tools to the four key CAP outcome areas (Buildings,
Transportation, Energy Supply and Waste Reduction)
• If possible an estimate of the funding capacity and approval criteria associated with the programs
and tools
• Assistance developing business plans, marketing plans, and operational plans for existing and
proposed City projects.
Together these deliverables will become an innovative program and funding framework to
accompany the CAP implementation framework.
How It Will Work:
• These funds will be used to obtain external expertise to aid in the evaluation, development and
implementation of innovative programs and the associated funding sources. It is anticipated that the
contractor(s) or consultant(s) will have experience developing similar programs elsewhere in the
Country.
• In addition, the funds will be used to support internal/external education and outreach regarding
potential programs, identifying and minimizing regulatory or policy barriers to carbon reduction,
facilitating connections with existing and/or new capital markets, attracting and fostering private
sector investment, optimizing the City’s role in PPPs, and consultation on any immediate
demonstration projects.
• The funds will be used to further expand the list of other programs and associated funding sources
that are either public or private only in nature.
• Finally, the funds will be used to seek external expertise in the development of business plans,
marketing plans, and operational plans for proposed projects funded with general fund or utility
dollars.
• The City’s Innovative Finance CAP Implementation Team (Team) will develop evaluation criteria and
processes for use of internal funding mechanisms (i.e., use of General Fund or Utilities dollars). The
outside expertise obtained by this budget request may provide input to those criteria and processes
at the discretion of the Team.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
John Phelan
Outcome: Contacts: Tom Leeson
Lucinda Smith
Expense Fund:
501 - LIGHT & POWER FUND Package/Offer #: None
Funding Source #1: Funding Amount #1: $67,000
Funding Source #2: Funding Amount #2: $67,000
Total Amount: $134,000
Ongoing: $74,000
One-time: $60,000
Total Amount: $134,000
FTE Requested: 1.0 FTE -
Description:
Contractual
This offer is among four offers responding to City Council and City Manager requests for Climate
Action Plan (CAP) implementation strategies. The purpose of these interdepartmental offers is to
develop or expand City programs and projects that will aid or directly affect the reduction of the
community’s greenhouse gas emissions.
Purpose of Offer and Why
Fort Collins has a strong history adopting current model building codes and has added local
amendments specifically targeting energy performance and green building. While the prescriptive
requirements are appropriate, the expected performance is not always achieved in practice, for a
variety of reasons. Closing the gap between what the code requires and what is designed and built is
critically important for utility planning and attaining community goals.
The purpose of this offer is to provide resources to verify expected performance levels are achieved
as the Fort Collins building code is implemented. The offer will provide resources targeting energy
code and related building performance compliance at several stages:
• Education (web resources, education and training);
• Permit application review (plans and related submittals);
• Verification of field testing and inspection requirements prior to final approval.
How It Will Work
Building energy performance is critical to the goals of the Climate Action Plan Framework, Energy
Policy and Green Built Environment initiative. Recent editions of the model codes have increasingly
incorporated building science principles; local amendments have strengthened those changes. This is
positive but – with increasingly technical requirements and advanced technologies – the code has
become more challenging to enforce.
501 - LIGHT & POWER FUND
2016 BUDGET REVISION REQUEST
Climate Action Plan: Energy Code Performance Program
100 - GENERAL FUND
Environmental Health
100 - GENERAL FUND
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Background charts on construction activity trend
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6290&
object=measure&objectID=91396
This offer would help to plug the gap by providing additional expertise and related resources. Expert
staff would be added and given separate signoff authority for more technical energy- and building
performance-related aspects of permit applications and final approvals. This approach is analogous to
existing development and building code processes for stormwater, fire safety and water-conserving
landscape requirements.
Expected Outcomes
• Verification of expected performance levels as the Fort Collins building code is implemented.
Assuming an overall 5% improvement in building energy performance of new construction (at 2014
levels), this offer would support a reduction of over 700 metric tons of CO2 annually. This would
support reaching 45% of the 2020 reduction estimate for new construction in the CAP Framework
Plan.
• Updating of City information resources with current information regarding code requirements
related to energy and building performance;
• Education and training of internal and external stakeholders regarding energy and building
performance aspects of the codes;
• Maintaining and formalizing the credentialing program for residential mechanical systems design
and testing.
Performance Measure:
ENV 23: Annual energy efficiency and conservation program savings of greater than or equal to 1.5%
of community electricity use
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Packet Pg. 29
Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome:
Contact:
Wendy Bricher,
Lucinda Smith
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $125,000
FTE Requested: None TOTAL Amount: $125,000
Description:
This request is among four offers responding to City Council and City Manager requests for
Climate Action Plan (CAP) implementation strategies. The purpose of these offers is to develop
or expand City programs that will aid in or directly affect the reduction of the community’s
greenhouse gas emissions.
Purpose of Offer & Why:
• Successful community engagement and clear expansion of financing opportunities including
how they align with our community have long been recognized as keys to meeting the goals of
the 2015 CAP Framework.
• This offer will develop a Climate Action Engagement Plan, pilot test it, and begin full
implementation.
How it Will Work:
The offer will provide four elements of deliverables:
1) A one-stop, easily accessible web interface to:
• keep citizens, stakeholders, and City Council informed of CAP progress and ways to get
involved
• feature a progress-tracking dashboard
• feature the latest news on CAP implementation and engagement programs and strategies.
2) Community Engagement Plan will be developed through discussions with key segments of
the community to identify opportunities for engagement and address barriers to engagement,
including:
• City staff,
• the Fort Collins business community, with special emphasis on key accounts and those
already involved in City and Utility conservation programs, and
• those challenged by issues such as socioeconomic inequities, housing affordability,
disabilities and age.
2016 BUDGET REVISION REQUEST
Climate Action Plan: Communication and Engagement Platform Design &
Implementation
Environmental Health
100 - GENERAL FUND
General Fund - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Performance Measure:
ENV 9: Percent decrease in Community GHG emissions from 2005 baseline.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=
6282&object=measure&objectID=91345
Expected Outcomes:
• Easy to understand web platform for community and Council to keep track of progress and
link to opportunities to get involved in reducing emissions
• City staff can serve as informed ambassadors to advance CAP implementation
• Increased engagement in City programs that reduce GHG emissions through overcoming
misperceptions and addressing values barriers
• Improved equity in access to programs
• Reduction of barriers to engagement faced by underserved or disadvantages segments of
our community
• Increased awareness of and engagement in business opportunities that support GHG
reduction
• Reduction of misconceptions around costs for CAP implementation
• Increased understanding of need and political support for policy and regulatory actions
3) Pilot test Plan with City employees as proxy for a broader community by:
• testing CAP messaging that addresses:
o What is the CAP
o Why Fort Collins is taking on these aspirational CAP goals
o Why Fort Collins is the best place to succeed
o What each individual can do at work and home to help achieve CAP goals?
• helping employees understand how to effectively articulate the CAP's ambitious goals to
others
• helping employees understand how their daily work tasks, projects and programs are
positioned to help succeed in reaching these goals;
• communicate what employees can expect as an employee and a resident as we move the
CAP goals forward;
• understand the interrelatedness of City’s programs, projects and policies with CAP goals.
4) Begin implementing the Plan in neighborhoods, with the business community, and with
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Kelly DiMartino
Expense Fund: Package/Offer #: None
Funding Source #1:
Funding Source #2:
2016 Cost: 2017 and future year costs:
Funding Amount #1: $113,957 Funding Amount #1: $120,945
Funding Amount #2: $28,319 Funding Amount #2: $30,055
Total Amount: $142,276 Total Amount: $151,000
Ongoing: $121,276 Ongoing: $151,000
One-time: $21,000 One-time: $0
Total Amount: $142,276 Total Amount: $151,000
FTE Requested: 1.0 FTE -
Description:
Performance Measure:
HPG 38. HR performance based on Internal Services survey
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6284&obje
ct=measure&objectID=91358
Chief Human Resources Officer
Benefits Fund
2016 BUDGET REVISION REQUEST
Chief Human Resources Officer Position
100 - GENERAL FUND
High Performing Government
General Fund
The City is a service-delivery organization, and as such, managing our human capital is critical to our
overall success. Traditionally, Human Resource Directors have been responsible for the administration of
Human Resources (HR) functions. In recent years, organizations have found the need for HR leaders to
evolve into more of a strategic influencer role. The City of Fort Collins is no exception.
Currently one of the Assistant City Managers (ACM) is serving in a duel capacity as ACM and acting Chief
Human Resources Officer (CHRO). There is no HR Director. Rather, those responsibilities are shared
between the acting CHRO and an Assistant HR Director. This model does not provide adequate resource
and attention to carry out key HR leadership functions, including:
- Serving as strategic advisor that provides human capital information to help the City achieve its strategic
objectives and counsels executive leaders on talent management strategies
- Developing and executing strategic direction for succession planning, talent management, change
management, organizational and performance management, training and development, compensation
and benefits.
- Providing leadership to ensure that all major HR systems and programs are run efficiently and
effectively, and that plans and policies remain in compliance with ever-changing federal, state and local
laws.
This position has been identified as a high priority by the Executive Lead Team, as well as Human
Resources and City staff. This offer provides funding to hire this critical position, as well as one-time
resources for an executive recruiter to assist in finding a highly qualified candidate. This Offer assumes a
start date of April 1, 2016. Starting in 2017, ongoing costs for Salary and Benefits will start at
approximately $151,000 rather than $113,276.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Jamie Heckman
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $275,000
FTE Requested: None TOTAL Amount: $275,000
Description:
Per Objective 7.2 of the City Strategic Plan, the City is working to improve core Human Resource
Systems and develop a total rewards strategy which articulates the value proposition of
employment with the City. The Total Rewards vision is that every employee perceives the City as a
great place to work and to be known as the employer of choice to attract, retain, engage, develop
and reward employees. Employee attraction and retention is critical in order to deliver quality
services to the community. City turnover is being watched carefully as experts predict rates to climb
as high as 23%. The increase is attributed to confidence in the economy and an uptick in Baby
Boomer retirements. Approx. 16% of City employees are 60+ years old; average retirement age is 64
yrs. 2014 annual turnover of 9.2% exceeded the 8% target and surpassed trend for previous
reporting years (2011-2013) which ranged from 5.0 to 6.7%. Total turnover from 2013 to 2014
increased by 56% (75 in 2013; 117 in 2014). Resignations increased from 40 in 2013 to 72 in 2014,
an 80% jump. Exit survey data indicates much of this is a reflection more job and career mobility
options.
2016 BUDGET REVISION REQUEST
Total Rewards Strategy: Career Architecture and Pay Structure
High Performing Government
100 - GENERAL FUND
General Fund - Reserves
Career Architecture - This is well-defined and cross-organizationally related jobs with a set of
guidelines that show employees how they can move into and across jobs. The career framework is
highly responsive to an organization’s needs and supports overall employee career development
and progression readiness.
Performance Management Process - The City is transitioning to a quarterly performance
management process that provides timely and meaningful feedback while at the same time
decreases the overall amount of effort required on the part of employees and managers. This should
be completed in September 2015.
In 2014, the City completed a Compensation & Career Progression Study which identified a need to
make significant adjustments to the City’s compensation, job analysis and career progression
systems, as well as the performance management process. This offer seeks to continue the multi-
year project in partnership with a consultant who will:
- Design Career Architecture
- Build Job Leveling Guides
- Market Analysis and Pricing
-Design Base Pay Program
- Design Incentive Pay Program
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Performance Measure:
HPG 6. City Employee Cumulative Turnover Rate
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6284
&object=measure&objectID=91357
Compensation Target Market - Once the career architecture is in place, each role will be
benchmarked to a target market rate. Currently the organization has more than 400 individual job
descriptions. An assessment performed in 2014 indicated an extremely low benchmark match rate
to market surveys. An updated approach is required to ensure accountability and good stewardship
of community resources, and to restore organizational credibility regarding the market-based pay
system.
Career Management - Career Management is an important element of the Total Rewards Strategy.
Recognizing that traditional career “ladders” with step-by-step progression don’t work in most
organizations today, the City would like to create more dynamic career paths that allow flexibility for
employees to choose how they want to focus their career, while at the same time providing
concrete guidance for employees on how they can develop in a path. The career paths would align
to different types of future leadership roles within the City, and would also include a path for those
who want to increase their skills and contribution as an individual contributor.
Implementation Approach - The Career Architecture and Compensation Target Market sub-projects
are interrelated and therefore should be addressed concurrently. It is anticipated that these will
take two years to complete organization-wide; this Offer would fund the first half of those sub-
projects.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome:
Contact:
Steve Engemoen &
Jamie Heckman
Expense Fund: Package/Offer #: None
Funding Source: Funding Amount:
Total Amount: $2,700,000
FTE Requested: None
Description:
Please see attached Memo
2016 BUDGET REVISION REQUEST
Cost Adjustments to the Benefits Fund (Benefits cost)
604 - BENEFITS FUND
High Performing Government
Various
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Offer
Benefits Fund Unanticipated Expenditures
This Budget Revision Offer requires citywide adjustments to various funds in order to address a significant
shortfall in the City’s self-insured Benefits Fund which has accumulated over the past few years due to
increasingly high medical claims and the addition of approximately 240 employees to our medical plan as a
result of the Affordable Care Act (ACA). The budget request is for a total of $5.4M broken into two $2.7M
offers; the first offer reflects adjustments to the Benefits Fund, and the second reflects the adjustments to
departmental budgets to cover increased charges.
Cost Adjustment to the Benefits Fund (Benefits Cost) = $2.7M
The City’s Benefit Consultant (Hays Consulting) completed a Benefit Fund actuarial analysis for the first 6 months
of 2015. As a result of the analysis, an additional appropriation, totaling $2.7 million, is necessary to cover
projected 2016 expenditures in the Benefits Fund. The additional claims expense is driven by:
1. 2014 claims greater than budget of $1.8M. The additional costs in 2014 required a supplemental
appropriation in 2014 to cover these expenses; however, the 2015 and 2016 budget does not reflect the
higher claims experienced in 2014. Reference Chart A.
2. Benefit costs are increasing greater than anticipated driven by both additional staff covered by the
Affordable Health Care Act in 2015/16 and claims cost continuing to grow at a greater rate than
forecasted. Reference Chart A.
3. The Benefits Fund had reserves greater than needed in 2012. Prior budgets have intentionally been
created utilizing a portion of the benefits fund in an effort to draw down the Benefits Fund to a level
required per policy (minimum fund balance of $5.3M is required at year end 2014). With the rising
claims cost, the Benefits Fund has been reduced faster than anticipated and can no longer subsidize
future benefits cost. Reference Chart B.
Chart A:
$21.9 $23.7 $24.4 $26.3 $25.3 $28.0
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
2014 2015 2016
Expenses (millions)
Year
BudgetExpenses Benefit Fund
Actual/Forecast
$1.8
$1.9
$2.7
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Chart B:
Appropriations in Various City Funds for Employer-Paid Premiums (cost to Departments) to Cover
Unanticipated Benefits Fund Costs = $2.7M
Funds to pay benefit claims from the Benefits Fund come from departmental charges for the City portion and
staff payroll deductions for the staff portion of benefit costs. This creates another offer for $2.7M that provides
funds to cover the departmental premiums for the employees covered by ACA, as well as funds to cover overall
departmental premium increases, which will be paid to the Benefits Fund.
Historically the City has provided multiple plan options for staff to choose from. The City is taking action to
address increasing medical trends by consolidating to a single medical plan, eliminating the lower cost plan
because it does not generate enough premium revenue to support the value of the plan being offered.
Additionally, the City will adjust both employer and employee-paid premiums.
The City targets a medical and dental premium sharing of City costs and employee costs of 70%/30% for
employees with dependents or a spouse and 85%/15% for employee only. Consolidating to a single plan will
cause a roughly 30% premium cost increase to approximately 500 employees, a 10% increase to approximately
600 employees, a 0% increase to roughly 450 employees and an 11% increase to the City departmental charges
for the City’s portion of benefits costs.
The proposed budget reflects a 71.5%/28.5% sharing of premium cost for employees with dependents and an
83%/13% sharing of premium costs for employee only. Because of the significant percent increase to a large
group of employees, staff proposes to phase into the 70%/30% premium share target over two years.
0.000
2.000
4.000
6.000
8.000
10.000
12.000
14.000
2012 2013 2014 2015 2016
Fund Balance (millions)
Year
Fund Balance
Planned
Actual/Forecast
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
The City also monitors the Total Benefits cost sharing relationship. Historically the City’s share of total benefit
costs has ranged from 70.4% to 74% and the staff share of total benefit costs has ranged from 26% to 29.6%.
The shared costs vary each year because the employee share is largely fixed based on premiums set for the year
and charged to staff while the City portion varies based on the actual claims experience. When actual claims
come in under projections, the City share declines and when claims come in over projects the City’s share
increases. This 2016 Budget Offer anticipates the City and staff share of total benefit costs to be 72.5% and
27.5% respectively. Chart C provides historical detail on the staff share of total benefit costs. A 1% change in
total cost sharing equals approximately $235k.
Chart C:
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome:
Contact:
Steve Engemoen & Jamie
Heckman
Fund: Package/Offer #: None
Funding Source: Funding Amount: $2,720,789
Total Amount: $2,720,789
FTE Requested: None
Description:
Please see attached Memo
2016 BUDGET REVISION REQUEST
Cost Adjustments to the Benefits Fund (cost to Departments)
604 - BENEFITS FUND
High Performing Government
Various
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revision Offer
Department Charges – Medical Premiums
As outlined, medical premium adjustments are needed to cover increasing Benefits costs.
Request for Appropriations in Various City Funds for Employer-Paid Premiums to Cover Unanticipated
Benefits Fund Costs = $2,720,789
The City is taking action to address increasing medical trends by consolidating to a single medical plan, and
adjusting both employer-paid and employee premiums.
This Budget Revision Request presumes the following plan changes:
- Consolidate to a single PPO plan
- Employer share of premiums increase by 8%
- Employee contributions increase between 0-31%, depending on the coverage elected
The budgeted annual employer-paid premium for full-time employees is $9,300. The recommended annual
employer-paid premium is $9,930. The cost associated with the recommended change for Classified and
Unclassified employees totals $862,949, and is spread across all City funds in which employees are budgeted.
See Fund Detail for the recommended appropriation by fund.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Fund Detail
Fund
Total
Appropriation
by Fund
100 - GENERAL FUND $1,033,806
254 - KEEP FORT COLLINS GREAT FUND $171,265
270 - NEIGHBORHOOD PARKLAND FUND $2,331
271 - CONSERVATION TRUST FUND $1,229
272 - NATURAL AREAS FUND $180,318
273 - CULTURAL SERVICES & FACILITIES $32,302
274 - RECREATION FUND $82,472
275 - CEMETERIES FUND $23,577
277 - MUSEUM FUND $12,566
280 - COMMUNITY DEVELOPMENT BLOCK
GR $3,929
290 - TRANSIT SERVICES FUND $89,084
291 - STREET OVERSIZING FUND $945
292 - TRANSPORTATION SERVICES FUND $208,117
294 - PARKING FUND $10,279
400 - CAPITAL PROJECTS FUND $315
500 - GOLF FUND $117,294
501 - LIGHT & POWER FUND $226,568
502 - WATER FUND $113,481
503 - WASTEWATER FUND $44,920
504 - STORMWATER FUND $64,597
601 - EQUIPMENT FUND $32,988
602 - SELF INSURANCE FUND $14,340
603 - DATA AND COMMUNICATIONS FUND $107,884
604 - BENEFITS FUND $9,296
605 - UTILITY CUSTOMER SRV & ADM $136,886
$2,720,789
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Delynn Coldiron
Expense Fund: Package/Offer #: 77.1
Funding Source: Ongoing: $0
One-time: $67,000
FTE Requested: None TOTAL Amount: $67,000
Description:
Performance Measure:
CNL 64. % of citizens responding very good/good - Your neighborhood as a place to live
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7718&
object=measure&objectID=109864
2016 BUDGET REVISION REQUEST
Neighborhood Services Strategic Plan and Implementation of Neighborhood District
100 - GENERAL FUND
Community & Neighborhood Livability
General Fund - Reserves
A person’s place of residence is a fundamental contributor to a person’s well-being. Communities
that work to create a unique sense of place, foster strong social relationships, care about and treat
residents fairly, and share decision-making and collaborate with residents on the items of importance
to them, are highly effective in creating cities that people love.
As our community transitions due to pace and density of development, growth in population,
changing demographics, increased student enrollment and campus growth, and social pressures, it is
imperative that the City find ways to successfully navigate related challenges.
In an effort to respond to direction given from the City Manager's office to implement a best-practice
neighborhood districts/associations model, as well as to support the City's Strategic Objectives
related to Community and Neighborhood Livability, this offer funds efforts that will result in a city-
wide 5-year Strategic Plan for city neighborhoods that will focus on fostering positive and respectful
neighbor relationships, open communication, conflict resolution, and on maintaining and enhancing
attractive neighborhoods through city services. Individual components of this effort will include:
1) A city-wide community engagement study to identify how community members currently engage
with the City and to define any gaps that exist in how citizens would prefer to engage or in under-
served or under-represented populations that do not or minimally engage (best practice identified as
part of our travel and research done for the neighborhood districts project);
2) A review of the existing Neighborhood Services division to explore current programs and services
delivered and to identify areas of change and/or improvement needed;
3) Definition of and implementation strategies for a best-practice neighborhood districts model; and
4) A work plan and action steps for moving forward to accomplish the goals identified through these
efforts.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Lindsay Ex
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $78,089
One-time: $0
TOTAL Amount: $78,089
FTE Requested: 1.0 FTE -
Description:
To successfully implement the Nature in the City Strategic Plan, this offer requests a contractual
Environmental Planner position. In concert with the Planning Department’s Senior Environmental
Planner, this position will be responsible for leading the implementation of the 49 action items outlined in
the Plan and for developing a strategy and initial implementation of the $3 million approved by the voters
in 2014 entitled “Nature in the City Implementation.”
Background: In 2015, Council adopted the Nature in the City Strategic Plan, which has a vision of a
connected open space network accessible to the entire community that provides a variety of experiences
and functional habitat for people, plants, and wildlife. The Plan contains 49 action items, all of which
require a collaborative, interdisciplinary coordination to implement. In addition, the voters approved $3
million in the 2014 ballot to implement Nature in the City over the next ten years, but this funding can
not be used for staff. An anticipated 1.0 FTE was identified in the Implementation section of the plan as
nessecary to implement many of the action items.
Currently, only one Environmental Planning position exists in the Planning Department. The majority of
this position’s workload is focused on development review, as these workloads are currently at
unprecedented levels. To successfully implement the vision and policies outlined in the Plan, additional
staffing is needed.
2016 BUDGET REVISION REQUEST
Nature in the City Implementation
100 - GENERAL FUND
Neighborhood Livability
General Fund
Contractual Environmental Planner
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
The contractual Environmental Planner position and the Senior Environmental Planner will achieve the
following outcomes:
• Initiating the implementation of the $3 million in capital funds to begin acquisition and restoration of
properties throughout the City;
• Furthering the public/private partnerships outlined in the Plan, e.g., Poudre and Thompson School
Districts, the business sector, Homeowner Associations, etc.
• Working with the interdisciplinary staff team and Colorado State University to begin implementation of
the 49 action items outlined in the Plan, including updates to the Land Use Code, installing pilot Nature in
the City demonstration projects, completing the connectivity analysis for people and wildlife, etc.
• With our partners within the City and at CSU, the Audubon Society, Rocky Mountain Bird Observatory,
and others, we will seek outside funding to leverage City dollars.
Performance Measure:
CNL 40. Percentage of the City that has access to nature within a 10 minute walk. NOTE: The 10 minute
walk analysis is currently being reviewed by staff and a baseline assessment for this metric will be
completed by Q4. A key driver for this contractual position is to assess and track this metric throughout
the implementation of the 1/4 cent sales tax funding.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Beth Sowder
Expense Fund: Package/Offer #: 48.7
Funding Source: Ongoing: $0
One-time: $80,000
FTE Requested: None TOTAL Amount: $80,000
Description:
2016 BUDGET REVISION REQUEST
Homelessness Initiative - Street Outreach Pilot Program
254 - KEEP FORT COLLINS GREAT FUND
Community & Neighborhood Livability
KFCG - Other Community Priorities Reserves
As we continue to work with Homeward 2020 and other community service agencies , we recognize the
need for collaborative and innovative programs to address ongoing homeless issues.
Purpose of Offer & Why:
• Pilot program for a collaborative Street Outreach Program.
• Specific partners include: Fort Collins Police Services and Social Sustainability Department, Downtown
Development Authority, Homeward 2020, Homeless Gear, Catholic Charities, and SummitStone Mental
Health Partners.
• Best practice model identified as a priority strategy by Homeward 2020.
• Part of a multi-pronged approach to provide services to those in need while effectively decreasing the
issues and concerns in downtown business areas.
How It Will Work:
• City funding would provide "seed money" to get the program up and running as a pilot. If successful,
the City would be a partner - not sole funder - of this program. Funding from the other partners,
through stakeholder contributions and fundraising, would be expected for ongoing operation.
• Homeward 2020 would conduct a selection process to identify the administrator of the program.
• Funding would cover two full-time administrators who would oversee volunteers and coordinate with
the partners (employed by administrator, not the City).
• The Outreach Team would be available 7 days per week, and would proactively go out to areas where
people experiencing homelessness spend time (especially downtown) and respond to calls from
businesses or citizens, saving Police resources for criminal issues.
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Performance Measures:
SAFE 31. % of citizens responding always safe/usually safe - Downtown Fort Collins during the day
SAFE 32. % of citizens responding always safe/usually safe - Downtown Fort Collins at night
• The Team would provide a range of services to people with a focus on assisting persons with
psychiatric disabilities, individuals dealing with substance abuse, homelessness, and other unmet social
service needs including assessment, support, and active referral.
Expected Outcomes:
• Staff and partners are planning to use the best practices from the Burlington, VT model and modify
them to meet the specific needs in Fort Collins.
• Specific data/outcomes seen in Burlington and expected in Fort Collins include:
o Decrease in calls for service to Police
o Decrease in call frequency for high-use individuals
o Decrease in new charges for top users
o "Cost-avoidance" benefits (less Police calls for services, emergency room visits, and jail visits)
o Positive impact on other systems like court and corrections
o Greater coordination and efficiency
Additionally, the program directly supports: reducing anxiety of merchants, increasing communication,
connecting people with services, building relationships, and monitoring status of services (how many
beds available at the shelters, etc.),
The ultimate vision of the Outreach Program is:
1. A proactive, solution-oriented and collaborative approach to reduce incidents in downtown by
referring people to available and appropriate services
2. A safe downtown for everyone
3. Health and welfare of individuals and community
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7718&o
bject=measure&objectID=109954
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7718&o
bject=measure&objectID=109955
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Dawna Gorkowski
Expense Fund: Package/Offer #: 98.1 and 100.1
Funding Source: Ongoing: $110,000
One-time: $0
TOTAL Amount: $110,000
FTE Requested: None
Description:
Performance Measure:
CR 23 - Trained Observe Program – Parks, Trails and Recreations Facility Grounds
The Parks Division hourly staff is a necessity for maintaining the City's parks, trails, facilities and
downtown core area. Hourly staff contributes approximately 110,000 hours per year in labor or 58%
of total hours worked for the Parks Division. The starting wage for a Parks hourly worker is $9.00 per
hour. During 2015 the number of applicants and quality workers applying for positions has
diminished significantly. There has been a 54% decrease in applicants, the number of failed drug tests
has increased from 5 failed tests so far in 2015 compared to 6 failures over the previous two years.
The number of hourly employees returning has decreased by 31% in 2015. Hourly employees are
leaving Parks for full time positions with other City departments, PSD, and private businesses. The
wage rate Parks is able to pay is not keeping up with other departments within the City or the
business community. Natural Areas Maintenance Worker has a starting wage of $11.00/hour and
Utility Grounds Worker has a starting wage of $9.50/ hour. Walmart's starting wage is now
$10.00/hour, McDonald's average wage is over $10.00/hour and Costco's average wage is
$20.00/hour. With all the new retail businesses and the new mall being completed later in 2015, the
competition for hourly employees will only increase. This offer requests additional funding to raise
the starting wage within the Parks Division to $10.00/hour in order to attract and retain quality hourly
staff.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6286&o
bject=measure&objectID=91332
2016 BUDGET REVISION REQUEST
Parks Division Competitive Hourly Wages
100 - GENERAL FUND
Culture & Recreation
General Fund
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Dawna Gorkowski
Expense Fund: Package/Offer #: 98.1
Funding Source: Ongoing: $0
One-time: $208,000
TOTAL Amount: $208,000
FTE Requested: None
Description:
Performance Measure:
CR 23 - Trained Observe Program – Parks, Trails and Recreations Facility Grounds
Spring Canyon playground, Fort Collins' premier play space, was built in 2007. Part of what makes this
playground so unique is the accessible poured-in-place surfacing throughout the playground. In a
typical playground, poured-in-place surfacing has a life span of approximately 10 years. However, with
Spring Canyon being our most popular playground in the city, the surfacing is reaching the end of its life
span much earlier than expected. The high use has accelerated the wear of the surfacing causing cracks
and holes to form in the surfacing. The areas where the cracks and holes have formed are subject to an
increase in the amount of vandalism to the surfacing itself. This unforeseen wear and vandalism are
currently affecting proper and safe impact attenuation of the surfacing. Parks has patched the worn and
vandalized spots in many places, but this is causing inconsistencies in the surfacing which also
contributes to a decline in the impact attentuation. The wet weather this spring along with some
localized flooding in the area has also caused some of the subsurface to move and wash away
contributing to a decline in the impact attenuation in some areas. Proper impact attenuation is
important in preventing serious head injuries in playgrounds. This request is for funding to remove and
replace existing sub-base where necessary and complete removal and replacement of the poured-in-
place surfacing in both play areas.
Funding for the Parks lifecycle program has not increased for new park development since Fossil Creek
Community Park was opened in 2003. The current lifecycle budget cannot absorb a project of this
magnitude because current funding is needed to address deficiencies in older parks.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6286&ob
ject=measure&objectID=91332
2016 BUDGET REVISION REQUEST
Spring Canyon Playground Surfacing Replacement
100 - GENERAL FUND
Culture & Recreation
KFCG - Parks and Recreation Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Dawna Gorkowski
Expense Fund: Package/Offer #: 76.1
Funding Source: Ongoing: $0
One-time: $30,000
TOTAL Amount: $30,000
FTE Requested: None
Description:
Performance Measure:
CR. 20 Collindale Golf Course 18 – Hole Rounds
This offer requests the use of an unanticipated increase in reserves in the Golf Fund at the end of
2014 to be used to upgrade the Collindale irrigation control software system. The new system will
save 6 to 8 million gallons of water per year, save wear and tear on pumps, reduce electricity costs
and increase control over the irrigation system.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6286&
object=measure&objectID=120191
2016 BUDGET REVISION REQUEST
Collindale Golf Course Irrigation Control Software Upgrade
500 - GOLF FUND
Culture & Recreation
Golf Fund Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: M Beckstead
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $900,000
FTE Requested: None TOTAL Amount: $900,000
Description:
A Public/Private partnership with the Bohemian Foundation is planned to support a new parking
structure adjacent to the planned downtown hotel. The parking structure is anticipated to be three
stories in height and include approximately 320 parking spaces. The project will be reviewed with the
Council Finance Committee in September and the entire Council later this year after a full review by the
Planning and Zoning Board. It is anticipated the Bohemian Foundation will build the parking structure
in 2016 and after construction is complete, the City will purchase approximately 2/3 of the spaces for
public use while the hotel partners will own the remaining 1/3 of the spaces. A condo type ownership
structure is anticipated with shared costs based on ownership percentages for the operations and
maintenance of the garage. It is anticipated the City will need to borrow approximately $7.5M to
$8.0M for the property purchase of 2/3 of the parking spaces. Staff is evaluating the risks and tradeoffs
of borrowing in late 2015 to avoid a rise in interest rates anticipated in late 2015 and 2016 even though
the purchase is not anticipated until late 2016. In the event the bond is issued in 2015, staff requests
funding for the annual debt service on a 10 year bond of approximately $900k. Funding is considered
one-time because long term funding starting in 2019 is anticipated with 1) the payoff of current debt
for the Civic Center Parking garage in 2018 freeing up $1.1M of General Fund debt service capacity that
can be used to fund this debt in 2019. Staff is also working on an agreement with the DDA to provide
$275K a year in debt service support starting in 2019 that is also tied to the payoff of the Civic Center
Parking Structure debt.
2016 BUDGET REVISION REQUEST
100 - GENERAL FUND
General Fund - One Time
Downtown Parking Structure - Debt Service
Economic Health
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Kelly Bernish
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: 0
One-time: $600,000
TOTAL Amount: $600,000
FTE Requested: None
Description:
2016 BUDGET REVISION REQUEST
Increase to Claims Settlement Account within the Self Insurance Fund
During 2015, we experienced higher than anticipated payouts on claims incurred over this and
previous years that resulted in payment of substantial legal fees and claims settlements. The
Colorado Oil & Gas (COGA) case at $184,000, ACLU Case at $134,000, a recent citizen settlement of
$113,000, the deductible on two trucks, and several high dollar workers compensation cases from
previous years paid in 2014 and 2015 are examples. The budgeted amount of $1,275,000 in 2016,
based upon our experience in 2015 and previous years, will not be adequate to cover 2016 losses
and all claim payments incurred in 2016 regardless of their year of occurrence. The projection is
based upon a review of 5 years plus current year to date claims information as well as external
actuarial reports. As an internal services department, revenue in the form of department
allocations, is not adequate to cover claim payments which will be addressed in the next budget
cycle. In 2014, a supplemental appropriation late in the year of $610,000 was required and it is
anticipated a similar supplemental appropriation may be required in 2015.
Historically, additional appropriations for claims has been supported by available fund balance within
the Self Insurance Fund. An increase in the actuarial liability performed by Milliman of $750,000
due to higher claims in previous years’ experience, the prior year supplemental appropriation and
the additional legal and claims settlements over the past several years has reduced the Risk fund to
the point that there is no longer available fund balance to support the higher claims we are
experiencing.
In the 2013 and 2014 budget, funding from the General Fund to the Self Insurance Fund was reduced
by $500,000 given the fund balance available within the Self Insurance Fund. Given the recent high
level of claims payments, the funding from the General Fund needs to be restored. It is anticipated
the inter-department rates will be adjusted to generate enough revenue to maintain the Self
Insurance Fund.
100 - GENERAL FUND
Economic Health
General Fund - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Dan Coldiron
Expense Fund: Package/Offer #: 9.1
Funding Source: Ongoing: $60,000
One-time: $40,000
TOTAL Amount: $100,000
FTE Requested: None
Description:
The expectations for expanded transparency and improved access to data for the public necessitates
that the City improve its online offerings. In addition, there has been significant maturation in the
technology available to meet the increasing demands for transparency and data access, which has
also resulted in growing expectations for the City's data to be available through a variety of means,
devices and formats, internally as well as externally.
This request would provide the City with the opportunity to implement the first phase of an Open
Data Portal that could be expanded to meet the full expectations and needs of the community. The
software subscription/licensing costs are estimated to be approximately $60,000 per year for an
Open Data Portal platform. An additional $40,000 is requested to facilitate the implementation of
the portal platform, which would include consulting services to train and assist staff in the process of
configuration of the portal and initial data preparation and loading.
The implementation of the first phase of an Open Data Portal platform is expected to be
accomplished with existing staff and would target data sets that have already been prepared and
developed for sharing with the public, such as the data used within the City's OpenBook
environment. Development of the platform to share a large number of data sets from across the
organization and to fully exploit the advanced features and modules available in robust open data
platforms will likely require further licensing and maintenance costs and possibly additional staff
resources.
2016 BUDGET REVISION REQUEST
IT Open Data Portal - First Phase Implementation
100 - GENERAL FUND
High Performing Government
Data and Communications
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Rita Knoll
Expense Fund: Package/Offer #: 116.3
Funding Source: Ongoing: $68,917
One-time: $5,700
TOTAL Amount: $74,617
FTE Requested: 1.0 FTE - Contractual Licensing Coordinator
Description:
2016 BUDGET REVISION REQUEST
City Clerk Licensing Coordinator
This position is requested to adequately resource medical/retail marijuana licensing functions, and to
supplement resources currently devoted to liquor licensing.
Medical marijuana licensing was added to the duties of the Chief Deputy City Clerk in 2010. Retail
marijuana licensing was added in 2014. Both are extremely time consuming, and have severely
impacted the essential duties of the Chief Deputy. This position would relieve the Chief Deputy of
the majority of the tasks associated with marijuana licensing, with oversight and review by the Chief
Deputy.
As workload allows, this position will also assist with liquor licensing functions and be fully trained to
handle liquor licensing in the absence of the Deputy City Clerk. Currently, there is no backup for the
Deputy City Clerk on liquor licensing processes. Liquor licensing tasks will be supervised by the
Deputy City Clerk.
Funding this position will improve service to marijuana business owners who are currently waiting as
much as nine months to have their applications processed and approved. It will provide applicants
and licensees with a staff person dedicated to their needs -- one that is more accessible than the Chief
Deputy. The new FTE will be able to focus on becoming familiar with the multitude of laws and
regulations, streamlining and documenting licensing processes, and participating in staff teams. The
new FTE will also be able to develop a strong relationship with the Police Services officer assigned to
marijuana, which will come on board in late 2015.
2014 revenue from marijuana application and licensing fees exceeded $84,000. Sales tax revenue
for medical marijuana was over $227,000 in 2014. Retail marijuana generated over $138,000 in sales
tax revenue in the last two quarters of 2014.
100 - GENERAL FUND
High Performing Government
General Fund
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Greg Yeager
Expense Fund: Package/Offer #: 56.4
Funding Source: Ongoing: $73,726
One-time: $0
TOTAL Amount: $73,726
FTE Requested: 1.0 FTE -
Description:
Performance Measure:
SAFE 50. % of citizens responding very good/good quality of - Police services overall in Fort Collins
Property Evidence Technician
The deployment of over 60 body-worn video recorders on police officers produces over 200
gigabytes of data per month with retained storage exceeding 2 terabytes. In line with a national
movement for safety and accountability, the agency plans to expand the camera program in 2016
and into 2017 with the eventual goal of outfitting every uniformed officer. However, that will cause
an immediate need for increased hardware/software support and evidence handling. Body-worn
video has an immediate positive impact on safety, accuracy of reporting, and accountability for
actions (both officers and citizens).
The Property & Evidence Unit has an immediate need to increase civilian staffing to address this
swell of digital evidence (body-worn video, audio, photographs) that must be taken in, labeled,
audited, copied, and transferred to other organizations such as the district attorney's office. Hiring
and training a technician can take up to one year. Currently, 15,275 of the 81,570 items of FCPS'
property/evidence are digital video and one P&E Technician is kept busy with that data. Without
this increase in staffing, the proposed expansion of the camera program will have no support.
The Police Property and Evidence Technician costs were obtained from Human Resources. A hiring
process for another vacancy will establish an eligibility list, so the position could be filled
immediately. This position was requested during the BFO process for the current budget, but fell
below the line.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=7718&
object=measure&objectID=109973
2016 BUDGET REVISION REQUEST
Police Property and Evidence Technician
100 - GENERAL FUND
Safe Community
KFCG - Police
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Emma Belmont
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $275,000
One-time: $0
FTE Requested: 1.0 FTE - Contractual TOTAL Amount: $275,000
Description:
Performance Measure:
Tran 2 – Cumulative Transfort Fixed Route Ridership
This offer is being submitted to accelerate Transfort's planned implementation of ADA-accessible bus
stops under Building on Basics II from a combined 20 stops per year to 40 stops per year. Based on
Community and City Council feedback, implementation of ADA-accessible bus stops need to be
prioritized and this offer lays out the framework to accomplish this task.
Based on recent estimates, approximately 330 bus stops in Transfort’s service area are not compliant
with ADA standards and many of these are located in areas with limited neighborhood sidewalks. Bus
stop improvements alone range between $2,500 to $30,000 depending on the available public right-of-
way (ROW) and other site specific characteristics (an average is estimated at $10,000 for each stop).
Stops on the low end are generally within public ROW and have adjacent neighborhood sidewalks to
connect with. Stops on the higher end are in areas with no neighborhood sidewalks and often require
negotiations with private property owners before any accessible infrastructure can be installed. The
current Capital Improvement Plan assumes the City/Transfort will upgrade 10 of the 20 bus stops
planned to be improved each year, which would cost approximately $100,000. The remaining 10 stops
would be upgraded by either private development or by Lamar Advertising Company. The 10 City stop
improvements can be accomplished through existing staffing levels for both Transfort Project
Management and Engineering’s Inspector Staff workloads.
This offer provides funding to increase the number of bus stop improvements to approximately 40
stops in 2016 - a 50% increase to the current Capital Improvement Plan. Funding would flow directly
to infrastructure improvements and to the hiring of a full-time contractual engineer to manage and
provide design & property acquisition planning support for the project as current resources are limited.
This offer is scalable in both infrastructure and personnel expenditures. If funded, wholly or partially,
planned improvements will be somewhat dependant upon vendor scheduling. This will reduce the
timeline for completing the ADA bus stop improvements from 18 years to 9 as long as the existing
(original funding) remains and this supplemental funding continues each year. Engineering will be
contracting the work out.
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6350&obj
ect=measure&objectID=91506
2016 BUDGET REVISION REQUEST
Additional Bus Stop Improvements for ADA Accessibility
290 - TRANSIT SERVICES FUND
Transportation
KFCG - Other Transportation Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
OFFERS NEEDING FURTHER
DISCUSSION
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Lucinda Smith
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $380,000
One-time: $0
TOTAL Amount: $380,000
FTE Requested: None
Description:
A public collection site for a Community Recycling Center (CRC) for hard-to-recycle-materials is one of
the City's strategies for achieving its goal of Zero Waste. A “full-fledged” CRC would entail the
following elements:
• Develop CRC at Timberline site
• Move Rivendell Recycling Center to the new location
• Open full-fledged hard-to-recycle-materials collection area with on-site staffing
• Establish funding source for ongoing operations and maintenance expenses
Funding has already been identified and secured to construct the site, should City Council decide to
move forward with it.
This mid-cycle budget offer requests funding to support part of the operational costs of a full-fledged
Community Recycling Center. In 2015, staff and the potential site operator developed a Profit & Loss
(P&L) analysis that applies a set of key assumptions (e.g., number of visits, volume of material
collected) and forecasts costs to run the facility. Based on these assumptions, the net annual
operating expenses could be in the range of $200-$300K per year. It was originally envisioned that a
private contractor would be able to operate the site and cover operational expenses by charging a
small gate fee. However, the market for recyclable commodities has changed recently. It is likely that a
small gate fee will not cover all the operational expenses, and City support will be needed to provide
this innovative service to the community.
2016 BUDGET REVISION REQUEST
Annual Operations for the Community Recycling Center (CRC)
100 - GENERAL FUND
Environmental Health
KFCG - Other Community Priorities
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Performance Measure:
ENV 10. Community solid waste diversion rate
https://www.clearpointstrategy.com/publish/direct.cfm?linkID=BFO&view=drill&scorecardID=6282&o
bject=measure&objectID=91346
This offer requests $300,000 in 2016 to cover conservative estimates of net annual operational
funding support needed from the City to fund operation of the site.
Providing annual funding for operating the CRC will:
• provide social benefits to the community,
• support the culture of recycling that is critical to achieving progress on zero waste goals and the
Climate Action Plan Framework,
• preserve the site for the unique opportunities it presents for future development of small scale
waste-to-energy or expanded resource recovery,
• support Road to Zero Waste goals - If the CRC conservatively diverts 1512 tons from the landfill
(above Rivendell), and usage of the site grows by 50% each year through 2020, it would divert an
estimated 7655 tons of material in 2020. This represents 16% of the total 47,000 estimated tons of
additional tons of waste diversion needed to achieve the 2020 goal of 75% waste diversion, and
• avoid a conservatively estimated 2,350 metric tons GHG in the first year, above the current Rivendell
GHG benefits. If usage of the site grows by 50% each year through 2020, it would divert an estimated
7655 tons in 2020 and avoid 11,830 MTCO2 in 2020. This represents 3% of the total MTCO2 reduction
outlined for 2020 in the CAP Framework.
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: Cory Christensen
Expense Fund: Package/Offer #: None
Funding Source: Ongoing: $0
One-time: $810,000
TOTAL Amount: $810,000
FTE Requested: None
Description:
2016 BUDGET REVISION REQUEST
Design Funding for the Police Regional Training Campus
Fort Collins Police Services has been working in partnership with Loveland Police to bring a
Regional Training Campus (RTC) to Northern Colorado. This campus will provide a venue
necessary to handle a variety of training needs for both agencies. The campus will include a
venue for firearms and emergency driving training. The amount requested here will cover 50%
of the total desgin costs for the project. There is a possibility of adding Larimer County as a
third capital partner which would reduce the designs costs due to a 1/3rd split for the design
costs. The design portion of the project will take place in 2016 with construction of the facility
possibly happening in late 2016 to early 2017.
Safe Community
100 - GENERAL FUND
General Fund - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
CAP OFFERS NOT RECOMMENDED
FOR 2016 REVISIONS
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: John Phelan
Expense Fund: Package/Offer #: 58.1
Funding Source: On-going: $0
One-time: $688,000
TOTAL Amount: $688,000
FTE Requested: None
Description:
2016 BUDGET REVISION REQUEST
Energy Services Program Funding
This offer provides funding for energy services programs in an effort to meet customer interest in
efficiency project implementation and for anticipated incentives for large projects through the
Integrated Design Assistance Program (IDAP). The request represents a 16% increase in the overall
budget for offer 58.1 for 2016. The Energy Services Budgeting For Outcomes offers in 2015/2016 were
at the same level as the prior budget cycle of 2013/2014. The offer supports the criteria established
for mid-cycle offers characterized as “significantly impacting the delivery of that program or service”
because the amount of funding is not meeting the demand of customers expressing interest to
participate.
The base offer for Energy Services (58.1) includes the staffing and resources to deliver annual
efficiency and conservation program savings which meet the targets of the Energy Policy, which is in
alignment with the Climate Action Plan. Programs include consumer product rebates, home energy
reports and business and home efficiency initiatives. This offer takes into account proposed increases
in funding for energy efficiency by Platte River Power Authority, who contributes over $1M as part of
Efficiency Works. Approximately 90% of the proposed funding will provide direct rebates or services to
customers. The additional funding is anticipated to increase electricity savings in 2016 by 3100
megawatt-hours and reduce annual Green House Gas emissions by over 2500 metric tons achieving an
additional 10% in GHG savings from the efficiency programs portfolio.
Business customer participation has been steadily increasing for the last several years (50% in 2013,
5% in 2014, and 9% as of May 2015). This funding is estimated to support the momentum of customer
interest through 2016. In addition, a number of incentives are anticipated to be paid out for large new
construction projects in 2016 through IDAP.
The proposed offer supports the City’s goals from the Energy Policy and Climate Action Plan (CAP)
Framework. Green House Gas savings from improved efficiency in buildings is 27% of the CAP 2020
reduction framework. The ability to participate in Utilities energy programs and services is available to
households and businesses, and is one of the most tangible ways with which our citizens can engage
in the CAP strategy titled “Building.”
501 - LIGHT & POWER FUND
Environmental Health
501 - LIGHT & POWER FUND - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: John Phelan
Expense Fund: Package/Offer #: 58.2
Funding Source: On-going: $0
One-time: $421,000
FTE Requested: None TOTAL Amount: $421,000
Description:
2016 BUDGET REVISION REQUEST
Peak Partners Demand Response Program
This offer increases funding for the Peak Partners (demand response) program to support an additional
1,000 residential WiFi thermostats, and for software support from the vendor to maintain business
customer participation during the transition to the new Demand Response Management System (DRMS).
An analysis has estimated deploying the 1,000 additional thermostats as an addendum to the current
scope of work will save approximately $100,000 or over 20% in deployment costs as compared to
restarting the deployment at a later date.
The Peak Partners DRMS is operational and able to forecast load, plus dispatch and manage residential air
conditioning and electric water heaters for residential customers. It also provides inventory management
and work orders for installation with maintenance. The DRMS is replacing a legacy load management
system which has been in operation since 1982. The DRMS is supporting new residential customers with
thermostats and water heater control units. However, the legacy system continues to support business
customers participating in demand response, pending a transition to new communications protocols.
Implementation of the Peak Partners is ahead of the initial schedule, with residential installations to be
completed by the end of the first quarter of 2016. The installation vendor can accommodate additional
scope in 2016, such that the addition of the 1,000 thermostats to the system can be accomplished in a
more cost-effective manner than could be done in future years. The proposed 1,000 additional
thermostats will provide approximately 1 megawatt of additional dispatch capacity to the system. Based
on current wholesale and retail electricity rates, staff estimates savings of approximately $50,000
annually to purchase power costs through the additional thermostats.
The legacy software system which supports business customers demand response needs requires a
software migration to a new operating system. This offer also includes $25,000 for the required software
migration to continue uninterrupted support business customers until the DRMS protocols are in place in
late 2016.
The proposed offer supports the City’s goals from the Energy Policy and 2015 Climate Action Plan
Framework because demand response is an enabling strategy for higher penetration of renewable energy
and future electricity storage. The ability to participate in Utilities energy programs and services is
available to households and businesses, and provides one of the most tangible ways with which our
citizens can engage in responding to electric demands during peak periods.
501 - LIGHT & POWER FUND
Environmental Health
501 - LIGHT & POWER FUND - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Contact: John Phelan
Expense Fund: Package/Offer #: 58.1
Funding Source: On-going: $0
One-time: $325,000
TOTAL Amount: $325,000
FTE Requested: None
Description:
2016 BUDGET REVISION REQUEST
Solar Renewable Energy
The offer provides funding to expand solar rebates for small-scale solar systems by $300,000 for
calendar year 2016. The offer supports the criteria established for mid-cycle offers characterized as
“significantly impacting the delivery of that program or service”, attributed to being sold out each
year, even with a decrease in the per watt funding from $1.50 in 2014 to $1.00 in 2015. The
$300,000 additional funding would bring the total small-scale solar rebate funding amount to
$675,000 in 2016.
The solar photovoltaic (PV) rebate program offers a dollar-per-watt incentive for residential and
commercial projects. The rebate amount will reduce to $0.75 per watt in 2016 (currently at $1.00
per watt in 2015). The combination of additional funding and reduced rebate amount will provide
funding for approximately 2-2.5 times the number customer projects as in 2015 (depending on size
and mix of residential and commercial projects). The offer also includes $25,000 to support the
staffing needs (via a part-time hourly position) to manage the application and field inspection
requirements of the 2016 program of this increased number.
The residential incentive is capped at 3 kilowatts (kW) per project and the business incentive is
capped at 20 kW per project. Based on calendar year budget appropriations, Utilities offers solar
rebates in the first quarter of each year as rebates are typically allocated to customers within three
months. This additional funding is expected to more closely match the demonstrated customer
interest on an annual basis.
The base and enhancement offers support the City’s goals from the Energy Policy (existing and draft
revision) and Climate Action Plan (CAP) Framework. Green House Gas (GHG) savings from increased
local renewable is 18% of the CAP 2020 reduction framework. Solar funding for 2016 will also be
able to take advantage of the last year of the federal investment tax credit. The ability to participate
in Utilities energy programs and services is available to households and businesses, and is one of
the most tangible ways with which our citizens can engage in achieving CAP goals under the
“Building” strategy.
501 - LIGHT & POWER FUND
Environmental Health
501 - LIGHT & POWER FUND - Reserves
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
Revision Title:
Outcome: Transportation Contact:
Timothy Wilder,
Lucinda Smith
Fund: Package/Offer #: None
Funding Source: On-going: $0
One-time: $465,000
FTE Requested: None TOTAL Amount: $465,000
Description:
2016 BUDGET REVISION REQUEST
Climate Action Plan - Flexible Transit Service Pilot Project
This request is one of five offers responding to City Council and City Manager requests for Climate Action
Plan (CAP) implementation strategies. The purpose of these offers is to develop or expand City programs
that will aid in or directly affect the reduction of the community’s greenhouse gas emissions.
This pilot project would introduce a new, flexible type of transit service that uses smaller, alternative fuel
vehicles on an existing low-density transit corridor. Significant operations cost savings would be achieved,
and transit funds would be re-invested in a higher ridership transit route.
The flexible transit service, called “deviated fixed-route”, would be implemented on Horsetooth Road
from Zeigler to Spring Canyon Park, replacing Route 12. In order to provide more customer
responsiveness, passengers along the corridor would be able to request a limited number of door-to door
pickups through a web portal and mobile app, in addition to waiting at a standard bus stop. The route
would use smaller alternative fuel vehicles which offer more routing flexibility and lower GHG emissions.
Fares for service would remain the same as the rest of the Transfort system.
This offer provides funding for one-time costs to include the purchase of 3 ADA-accessible, alternative fuel
vans with advanced traveler technology hardware and routing software. Operating costs, including labor,
support service, maintenance, etc. would be accommodated within Transfort’s existing budget. Significant
cost savings are expected, which will be reinvested in a more productive transit corridor, resulting in
ridership gains, while maintaining current levels of ridership on Horsetooth Road.
Key Benefits and Outcomes:
• Addresses the Climate Action Plan Framework tactic of “Coordinate and expand local and regional mass
transportation options for commuters.”
• Climate Action goals for transportation will be addressed through 1) re-investment of transit funding
into transit route that will provide higher ridership than the current Route 12; and 2) investment in
alternative fuel vans. The pilot will report on the specific ridership gains, and subsequent
C02 emission reductions, achieved by the pilot project.
• Web and mobile app will be able to provide flexible transit service in other areas of the community.
• Better alignment with the Council adopted Transfort Service Philosophy: Focus on productivity, meaning
an emphasis on frequency and bus routes in areas with higher ridership potential, as opposed to dispersed
coverage and lower ridership.
• Operational cost savings would be realized through the use of more efficient service and smaller vans.
• Additional service for ADA-eligible passengers.
• Transit service that is more responsive to customer needs in a low density transportation corridor.
• The pilot program will be evaluated after years 1 and 2 against Transfort’s service standards and
performance metrics.
292 - TRANSPORTATION SERVICES FUND
General Fund
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Attachment: 2016 Revision Summaries and Items (3567 : 2016 Budget Revisions)
2016 Budget Revisions
September 15, 2015 Mike Beckstead - CFO
ATTACHMENT 2
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
2016 Budget Revision Objectives
2
The recommended 2016 Budget Revisions are
intended to address:
• Council priorities
• Projected revenue from the renewal of the ¼ cent street
maintenance tax
• Capital project and other needs not known at the time of the
adoption of the 2015-16 Budget (e.g. Climate Action Plan)
• Fiduciary responsibilities in the Self Insurance Fund and the
Benefits Fund
• Maintaining fund balances to support future needs and economic
uncertainty
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
2016 Budget Revision Changes
3
The following changes were made based on
feedback from the Council Finance Committee:
• Adjusted 2015 Sales Tax growth downward based on the last 3
month of actual collections (the later months of 2014 had
significant growth over 2013 which challenges growth of 2015
over 2014 in the second half of 2015).
• Increased the cost of the Prospect and College Intersection Offer
by $300K (details in AIS)
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
2016 Available Funding
4
• Updated Major Revenue Elements Only:
• Sales Tax – 2015 updated to reflect 4.9% growth over 2014, 2016 growth of 3.0%
• Use Tax – 2015 updated to reflect additional $7.1M, no change to 2016
• Property Tax – 2015 updated to reflect additional $1.0M, 2016 additional ongoing of $0.7M
• No changes to other major revenue sources
• Unassigned 2014 Reflects year end available fund balances across multiple funds
• Utilities Reflects Only Fund Balance Used to fund Offers –
• Total L&P and Wastewater Fund 2014 Unassigned balance is $18.4M & $20.4M, respectively
Slightly More Aggressive 2015 Forecast & Conservative 2016…..
Additional Revenue Will Flow to Fund Balance
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Sales & Use Tax $ 2.4 $ 6.6 $ 3.0 $ 11.9
Property Tax 0.7 1.0 1.7
Street Maintenance 1/4 Cent 7.7 7.7
Utilities - Use of Reserves 9.1 9.1
Unassigned 2014 1.3 6.8 7.5 8.2 23.8
BCC Excess 1.6 1.6
Benefits Fund Revenue Depts 2.7 2.7
TOTAL $ 3.1 $ 8.9 $ 9.8 $ 15.2 $ 12.5 $ 9.1 $ 58.5
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
Utility Rates
5
PRPA Increasing Wholesale Rates Greater Then Anticipated
Original Revised
Light & Power 1.9% 3.0%
Water 0.0% 0.0%
Waste Water 3.0% 3.0%
Storm Water 0.0% 0.0%
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
Offer Summary
6
Several Large Offers Associated with Capital,
Climate Action Plan and Benefits
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Self Funded Requests $ 0.5 $ 0.1 $ 0.6
Large Capital Projects 1.1 7.8 2.7 5.0 16.6
Climate Action Projects 0.0 0.1 0.1 3.6 3.9
Human Resoures / Benefits 1.1 0.3 0.2 0.2 3.6 0.4 5.8
Other Recommended Programs 0.3 1.6 0.6 0.1 2.6
TOTAL $ 1.5 $ 3.1 $ 1.4 $ 8.0 $ 6.5 $ 9.1 $ 29.5
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
7
Offer Summary
Strategic
Objective
Tran 6.6
Env 5.8
Safe 5.8
Safe 5.9
C&R 2.5
Econ 3.6
Tran 6.4
Tran 6.4
Env 4.4
Env 4.4
Env 4.4
Env 4.4
Budget Revision FTE Ongoing $ One-Time $ TOTAL $
Self Funded Offers and PFA KFCG
Harmony Park and Ride - Parking Enforcement Officer 0.75 $60,000 $0 $60,000
Design Funds - Mail Creek Stream Restoration - - -
Emergency Services Dispatcher 1.00 70,475 - 70,475
KFCG Reserve for PFA - 483,219 483,219
Sub-Total 1.75 $130,475 $483,219 $613,694
Large Capital Projects Funded by Reserves or Dedicated 1/4 Cent Tax
Southeast Community Park - Water Rights & Construction Costs - 1,100,000 1,100,000
Major Duct Banks and Circuits Funding Increase - 5,000,000 5,000,000
Prospect Road and College Avenue Intersection Improvements - 2,700,000 2,700,000
Renewal of 1/4 cent Street Maintenance Tax 7,786,500 - 7,786,500
Sub-Total 0.00 $7,786,500 $8,800,000 $16,586,500
Climate Action Plan (CAP) Offers
Climate Action Plan - Water Reclamation Biogas to Co-Gen - 3,500,000 3,500,000
Climate Action Plan Implementation - Program Business Planning - 150,000 150,000
Climate Action Plan - Energy Code Performance Program (contractual) 1.0 74,000 60,000 134,000
Climate Action Plan - Communication and Engagement Platform
Design & Implementation
- 125,000 125,000
Sub-Total 1.00 $74,000 $3,835,000 $3,909,000
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
8
Offer Summary
Strategic
Objective
HPG 7.2
HPG 7.3
CNL 1.3
CNL 1.4
CNL 1.7
C&R 2.3
C&R 2.4
C&R 2.4
Econ 3.10
HPG 7.12
HPG 7.9
Safe 5.2
Tran 6.1
Budget Revision FTE Ongoing $ One-Time $ TOTAL $
Human Resource Offers
Chief Human Resources Officer Position 1.0 121,276 21,000 142,276
Total Rewards Strategy: Career Architecture and Pay Structure - 275,000 275,000
Cost Adjustments to the Benefits Fund (Benefits cost) 2,700,000 - 2,700,000
Cost Adjustments to the Benefits Fund (cost to Departments) 2,720,789 - 2,720,789
Sub-Total 1.00 $5,542,065 $296,000 $5,838,065
Other Recommended 2016 Budget Revision Offers
Neighborhood Srvcs Strategic Plan & Impl of Neighborhood Districts - 67,000 67,000
Nature in the City Implementation (Contractual FTE) 1.0 78,089 - 78,089
Homelessness Initiatives - Street Outreach Pilot Program - 80,000 80,000
Parks Division Competitive Hourly Wages 110,000 - 110,000
Spring Canyon Playground Surfacing Replacement - 208,000 208,000
Golf Course Irrigation Improvements - 30,000 30,000
Debt Payment on new Parking Structure - 900,000 900,000
Increase Claims Settlement within the Self Insurance Fund - 600,000 600,000
IT: Open Data Portal - First Phase Implementation 60,000 40,000 100,000
City Clerk Licensing Coordinator (Contractual FTE) 1.0 68,917 5,700 74,617
Police Property and Evidence Technician 1.0 73,726 - 73,726
Additional Bus Stop Improvements for ADA Accessibility (contractual
FTE)
1.0 275,000 - 275,000
Sub-Total 4.00 $665,732 $1,930,700 $2,596,432
Grand Total 7.75 $14,198,772 $15,344,919 $29,543,691
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
Offers Needing Further Discussion
9
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Community Recycling Center
Operations and Maintenance 0.4 0.4
Police Regional Training Facility
Design 0.8 0.8
TOTAL $ 0.4 $ 0.8 $ - $ - $ - $ - $ 1.2
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
Benefits Cost
10
y
Claims Cost Increase Greater Than Anticipated….
Benefit Fund Subsidy Exhausted
• Benefits Cost Offer of $5.4M Includes:
• Department charges that generate revenue to the Benefits Fund - $2.7M
• Benefit cost payments from the benefits fund greater than budget - $2.7M
• Drivers of Benefit Cost Increases
1. 2014 claims greater than budget of $1.8M – required supplemental appropriation
• Claims cost in the 2015/16 budget does not reflect the higher base
2. Benefit Costs Increasing greater than anticipated
• Additional staff covered by the Affordable Health Care Act in 2015/16
• Claims costs growth at a greater rate than forecasted in 2015/16
3. Planned draw down of benefit fund reserves– faster than expected
• Department billings intentionally lower than needed in 2013-2015
• Expect benefits fund reserve will be at minimum level at the end of 2015
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Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
Benefits – Total Cost Share Data
11
gg g
Rising Claims Cost Above Forecast Increase City Share….
Budget Proposal Begins to Rebalance Cost Sharing
With 71.5% / 28.5% Premium Cost Share
A 1% increase in the Employer Total Cost Share is about $235K for the City
1.2
Packet Pg. 76
Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
2016 Budget Revision Summary
12
City Manager’s Recommended Budget Maintains Healthy Fund Balance
$ in Millions General
Fund
Ongoing
General
Fund One-
Time KFCG
Transport
ation Other Utililities Total
Revenue Update $ 3.1 $ 8.9 $ 9.8 $ 15.2 $ 12.5 $ 9.1 $ 58.5
Recommended Budget Revisions 1.5 3.1 1.4 8.0 6.5 9.1 29.5
Net Impact $ 1.6 $ 5.8 $ 8.4 $ 7.2 $ 6.0 $ 0.0 $ 29.0
Discussion Offers 0.4 0.8 - - - - 1.2
Total Net Impact Fund Balance $ 1.2 $ 5.0 $ 8.4 $ 7.2 $ 6.0 $ 0.0 $ 27.8
1.2
Packet Pg. 77
Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
2016 Budget Revision Summary
13
Guidance Requested:
1) CFC feedback on the City Manager’s Recommended
revisions to the 2016 Budget?
2) CFC direction on the two offers reviewed for Council
consideration?
1.2
Packet Pg. 78
Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
14
Back-Up
1.2
Packet Pg. 79
Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
15
Other Climate Action Plan (CAP) Offers
The following CAP Offers were evaluated, but not
included in the recommended 2016 Revisions:
• CAP - Flexible Transit Service Pilot Project - $465K
• CAP - Energy Services Program Funding - $688K
• CAP - Solar Renewable Energy - $325K
• CAP - Peak Partners Demand Response Program - $421K
These and other innovative ideas will be evaluated for the best return
on investment and compete in the 2017-18 BFO process
1.2
Packet Pg. 80
Attachment: Powerpoint presentation (3567 : 2016 Budget Revisions)
1
Packet Pg. 3
STOVER
SWALLOW
LAKE
STUART
CENTRE
COLUMBIA
OAKRIDGE
WHEATON
WABASH
MEADOWLARK
TROUTMAN
COLONY
HINSDALE
STANFORD
BOARDWALK
BROOKWOOD
MANHATTAN
WHALERS
CENTENNIAL
PARKWOOD
WELCH
RICHMOND
RESEARCH
STARFLOWER
MONROE
CENTER
MATHEWS
TICONDEROGA
WINDMILL
SPRING PARK
STOVER
STOVER
STUART
PARKWOOD
Streets
Midtown Urban Renewal Plan Area (the "Plan Area")
Foothills Mall
I
Legend
####
####New Plan Area
Excluded Area
Fort Collins Urban Renewal Authority
Proposed Plan Area Boundry - Midtown
EXHIBIT B
Packet Pg. 28
Attachment2: Exhibit B (3540 : URA-Modify Midtown Plan Area RESO)
STOVER
STUART
STOVER
Streets
Midtown Urban Renewal Plan Area (the "Plan Area")
Foothills Mall
I
Legend
Foothills Mall Boundary
!!!!
!!!!Prospect South Boundary
Fort Collins Urban Renewal Authority
Existing Plan Area Boundry - Midtown
EXHIBIT A
STOVER
SWALLOW
LAKE
STUART
CENTRE
COLUMBIA
OAKRIDGE
WHEATON
WABASH
MEADOWLARK
TROUTMAN
COLONY
HINSDALE
STANFORD
BOARDWALK
BROOKWOOD
MANHATTAN
WHALERS
CENTENNIAL
PARKWOOD
WELCH
RICHMOND
RESEARCH
STARFLOWER
MONROE
CENTER
MATHEWS
TICONDEROGA
WINDMILL
SPRING PARK
STOVER
STOVER
STUART
PARKWOOD
Streets
Midtown Urban Renewal Plan Area (the "Plan Area")
Foothills Mall
I
Legend
####
####New Plan Area
Excluded Area
Fort Collins Urban Renewal Authority
Proposed Plan Area Boundry - Midtown
EXHIBIT B
Packet Pg. 28
Attachment2: Exhibit B (3540 : URA-Modify Midtown Plan Area RESO)
15.3
Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
STOVER
STUART
STOVER
Streets
Midtown Urban Renewal Plan Area (the "Plan Area")
Foothills Mall
I
Legend
Foothills Mall Boundary
!!!!
!!!!Prospect South Boundary
Fort Collins Urban Renewal Authority
Existing Plan Area Boundry - Midtown
EXHIBIT A
15.3
Attachment: URA Resolution No. 077 (3541 : Midtown Plan Changes)
STOVER
STUART
STOVER
Streets
Midtown Urban Renewal Plan Area (the "Plan Area")
Foothills Mall
I
Legend
Foothills Mall Boundary
! ! ! !
! ! ! !
! ! ! ! Prospect South Boundary
Existing Fort Collins Plan Urban Area Boundary Renewal Authority - Midtown
ATTACHMENT 1
Overtaking Bicyclist-Failed to give 3 feet of
separation when 1003(1)(b)
75 35 PAI 35 3 193
ATTACHMENT 1
13.1
Packet Pg. 173
Attachment: Police Officer's current reference material regarding bicycle laws (3517 : Bicycle Amendments)