HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/21/2014 - COMPLETE AGENDACity of Fort Collins Page 1
Karen Weitkunat, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
Interim City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
October 21, 2014
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring October 20-26, 2014 as Colorado Cities & Towns Week.
B. Proclamation Declaring October 21, 2014 as United Way of Larimer County's Give, Advocate, and
Volunteer Day.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish
to address the Council on items not specifically scheduled on the agenda must first be recognized by
the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the
room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer
will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more
than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual.
● State your name and address for the record
● Applause, outbursts or other demonstrations by the audience is not allowed
● Keep comments brief; if available, provide a written copy of statement to City Clerk
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. 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.
1. Consideration and Approval of the Minutes of the September 23, 2014 Adjourned Council Meeting
and the October 7, 2014 Regular Council Meeting.
The purpose of this item is to approve the minutes from the September 23, 2014 Adjourned Council
meeting and the October 7, 2014 Regular Council meeting.
2015 BUDGET-RELATED CONSENT ITEMS
2. First Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015
Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport.
The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport
operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each
City), and interest earnings. This Ordinance authorizes the City of Loveland to appropriate the City
of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265.
City of Fort Collins Page 3
This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the
Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport
General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete
major Airport improvements including the second phase of the construction of a snow removal
equipment storage facility, and the rehabilitation of roadways.
3. First Reading of Ordinance No. 139, 2014 Being the Annual Appropriation Ordinance for the Fort
Collins Downtown Development Authority Relating to the Annual Appropriations for Fiscal Year 2015
and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2015.
The purpose of this item is to set the Downtown Development Authority (“DDA”) 2015 Operations
and Maintenance Budget amount of $744,084 to be appropriated for fiscal year 2015 for the
administrative operations budget, appropriate the 2015 Line of Credit Draw in the amount of
$1,000,000, set the amount of $3,191,396 for debt service payments to be appropriated for fiscal
year 2015 and set the 2015 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority’s financial plan for
2015.
NON-BUDGET RELATED CONSENT ITEMS
4. Postponement of First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons
Cultivating Marijuana in Non-Residential Structures Indefinitely.
Staff requests postponement of this item indefinitely to allow time to review suggestions brought
forward by caregivers and to ensure regulations are consistent with the Fire Code, Building Code,
and the intent of the regulations.
5. Second Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the
Colorado Department of Transportation into the Capital Projects Fund - City Bridge Program Project
for the West Mulberry Street Bridge Replacement.
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates grant
funds received from the federally funded Colorado Off-System Bridge Program in the amount of
$700,000. This funding is for the replacement of the West Mulberry Street Bridge over the New
Mercer Ditch, a structurally deficient bridge owned by the City.
6. Items Relating to the Clydesdale Park First and Second Annexations.
A. Second Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park
First Annexation.
B. Second Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for
Zoning Purposes the Property included in the Clydesdale Park First Annexation.
C. Second Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park
Second Annexation.
D. Second Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for
Zoning Purposes the Property included in the Clydesdale Park Second Annexation.
These Ordinances, unanimously adopted on First Reading on October 7, 2014, annex and zone the
existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East
Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on
approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested
annexation. The requested zoning for these annexations is the Low Density Mixed-Use
Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan.
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7. Second Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the General
Fund and Authorizing the Transfer of Existing Appropriations From the General Fund to the Capital
Projects Fund for the Woodward Related Transmission Line Relocation Project.
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates an
additional $254,000 for the Transmission Line Relocation portion of the Woodard Public
Improvements Project.
8. Items Relating to Appropriating Prior Year Reserves and Unanticipated Revenue in Various City
Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects.
A. First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between
Funds or Projects.
B. First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits
Fund for Unanticipated Expenditure Increases.
C. First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the
Transportation Services Fund to be Used to Cover Snow Removal Expenses.
D. First Reading of Ordinance No. 143, 2014, Appropriating Prior Year Reserves in the Self-
Insurance Fund for Insurance Expenses.
The purpose of this item is for the Annual Year-End Adjustment. This year it is comprised of 4
separate ordinances. Ordinance No. 140, 2014, is for the appropriation of non-controversial
expenses related to unanticipated revenue, grants, and unforeseen costs that had not previously
been budgeted. Ordinance No. 141, 2014, appropriates funds from the Benefits Fund to cover
unanticipated expenditures and employee benefits. Ordinance No. 142, 2014, appropriates funds for
snow removal for the remainder of 2014 as the entire snow removal budget has been spent.
Ordinance No. 143, 2014, appropriates prior year reserves for property and liability claims that are
expected to exceed budget.
9. Items Relating to Ethics Review Board Code Changes
A. First Reading of Ordinance No. 144, 2014, Amending Section 2-569 of the City Code Pertaining
to Procedures of the Ethics Review Board.
B. First Reading of Ordinance No. 145, 2014, Amending Section 2-568(a) of the City Code
Pertaining to Definitions Applicable to Ethical Rules of Conduct.
The purpose of the first ordinance is to adopt revisions to the City Code to simplify and expedite the
process of initiating Ethics Review Board review of ethics complaints and to update provisions
related to alternative composition of the Board in the event members of the Board are themselves
the subject of a complaint. The second ordinance is intended to incorporate into the City Code the
definitions related to conflicts of interest that are specified in the City Charter, and to add new
definitions to assist in the interpretation and application of the conflicts of interest provisions in the
City Charter and City Code.
10. First Reading of Ordinance No. 146, 2014, Revising Chapter 26 of the City Code Regarding
Payments in Lieu of Taxes and Franchise Fees, and Specifying that the Operation and Maintenance
of the Street Lighting System is an In Kind Payment by the Light & Power Fund in Lieu of Taxes and
Franchise Fees.
The purpose of this item is to codify the longstanding City policy and practice whereby the Light &
Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the
General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. The
Ordinance also revises the language related to the Water and Wastewater Funds’ required 6%
payment to the General Fund to clarify that this is a payment in lieu of taxes and franchise fees (as
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the City Charter and with the wording used in City Code to reference the same fee paid by the Light
& Power Fund.
11. Items Relating to City Code Clarifications for Plant Investment Fees.
A. First Reading of Ordinance No. 147, 2014, Amending Chapter 26 of the City Code to Revise
Water Plant Investment Fees, Excess Water Surcharge Rates and Raw Water Requirements for
Meters Larger Than Two Inches in Size.
B. First Reading of Ordinance No. 148, 2014, Amending Section 26-284 of the City Code to Clarify
the Calculation of Infiltration and Inflow in Determining Sewer Plant Investment Fees.
The purpose of this item is to address several sections of Chapter 26 of the City Code relating to
how plant investment fees are calculated and when the Excess Water Use Surcharge is applicable.
These changes do not impact the amount charged for plant investment fees or the Excess Water
Use Surcharge but rather seek to clarify the exact calculation of the fees.
12. First Reading of Ordinance No. 149, 2014 Approving a First Amendment to the Agreement with
Woodward, Inc.
The purpose of this item is to amend the Agreement with Woodward, Inc. and the Fort Collins
Downtown Development Authority by changing a key date in the requirement of the City Manager to
present City Council with a package to renew the Building on Basics dedicated sales tax including
funding for Lincoln Boulevard Improvements.
On April 2, 2013, City Council approved (6-1; Nays: Ohlson) on Second Reading the “Agreement
with Woodward, Inc.” relating to the relocation and construction of the company’s headquarters and
expanding its manufacturing and office facilities (the “Agreement”). The Fort Collins Downtown
Development Authority (“DDA”) is also a party to the Agreement. The Agreement authorized a
business assistance package that includes the reimbursement and rebate of taxes and contemplates
construction of several public improvement projects.
One aspect of the Agreement (Section 4.1(d)) relates specifically to improvements to Lincoln
Boulevard. The Agreement contemplates that the City Manager will submit a package for City
Council’s consideration that would help fund these improvements “by a renewal of the Building on
Basics dedicated sales tax…on a schedule to allow consideration of that measure by voters no later
than November 2014.” The current schedule contemplates consideration of a renewal of the Building
on Basics dedicated sales tax in April 2015. Therefore, the Agreement requires amendment to reflect
the new schedule and date.
13. First Reading of Ordinance No. 150, 2014, Vacating a City Trail Easement and Any Associated
Rights on Colorado State University Property Between Centre Avenue and Bay Road.
The purpose of this item is to vacate a trail easement, located between Centre Avenue and Bay
Road, that was obtained from Colorado State University Research Foundation (CSURF) in 1979
(including any prescriptive rights that may exist). This segment of the Spring Creek trail was
replaced with a new and superior alignment in 2013 from an additional trail easement obtained from
Colorado State University (CSU) and Colorado State University Research Foundation.
14. Resolution 2014-096 Adopting an Updated Process for City Council Evaluation of the Performance
of the City Manager, City Attorney and Municipal Judge.
The purpose of this item is to modify the performance evaluation process for the City Manager, City
Attorney and Municipal Judge (Employees) to allow for flexibility in the methods used to gather input
from Councilmembers for the annual performance review and to remove the requirement for a
separate meeting with the Mayor, Mayor Pro Tem and each Employee to discuss the Employee’s
compensation and benefits.
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END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A, Police Accreditation Award.
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (five minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
NON-BUDGET RELATED DISCUSSION ITEMS
15. Items Relating to the Disposable Bags Referendum Petition. (staff: Wanda Nelson; 5 minute staff
presentation; 45 minute discussion)
A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 099, 2014, Amending
Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags. (No Action
Needed)
AND
B. First Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending
Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags.
OR
C. First Reading of Ordinance No. 152, 2014, Calling a Special Election for the Purpose of
Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 099, 2014
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Amending Chapter 12 of the Code of the City of Fort Collins Establishing Regulations Regarding
Disposable Bags
OR
D. Resolution 2014-097 Referring Ordinance No. 099, 2014, Amending Chapter 12 of City Code to
Establish Regulations Regarding Disposable Bags to a Vote of the Registered Electors of the City
at the Next Regular Municipal Election on April 7, 2015.
On September 29, 2014, a referendum petition was filed with the City Clerk’s Office seeking to
repeal Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations
Regarding Disposable Bags. On October 10, 2014, the City Clerk determined that the referendum
petition was sufficient, absent a protest being filed by the October 9 deadline.
Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of
the ordinance in question is automatically suspended pending repeal by the Council or final
determination by the voters. If the ordinance is not repealed, the Council must refer the ordinance to
a vote of the registered electors at the next regular or special City election scheduled for any other
purpose.
If the Council chooses to refer the measure to the voters, the Council may call a special election for
this specific purpose. The earliest practical opportunity for a special election would be January
2015.
If the Council chooses to wait until April 2015 to have the voters consider this issue, Resolution
2014-097 is presented to place the issue on the ballot and set the ballot language. If Council opts
for a special election on another date, a revised Resolution will be presented to Council on
November 4 in conjunction with Second Reading of the Ordinance calling the special election.
16. Resolution 2014-098 Establishing Priority Actions to Create Zero Waste in Fort Collins. (staff:
Susie Gordon; 10 minute staff presentation; 20 minute discussion)
The purpose of this item is to present a resolution that expresses commitment to Fort Collins’ goal of
Zero Waste by 2030. The resolution enumerates strategic actions for the City to take now and in
coming years, which were developed for the Road to Zero Waste Plan to deliberately and
systematically drive progress forward over the next decades.
17. Second Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and
Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the
Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program, for the Construction of a New Utilities Administration Building in Block 32 on LaPorte
Avenue and Renovation of 700 Wood Street. (staff: Mike Beckstead, Kevin Gertig, Ken Mannon,
Wendy Williams; no staff presentation; 20 minute discussion)
This Ordinance, unanimously adopted on First Reading on October 14, 2014, provides funding for
the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well
as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project
costs are $23,411,000 with $4,500,000 already appropriated from Light and Power reserves, leaving
$18,911,000 to be appropriated with this ordinance.
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2015 BUDGET-RELATED DISCUSSION ITEMS
18. First Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the
Annual Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning
January 1, 2015, and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015.
(staff: Darin Atteberry, Mike Beckstead; 5 minute staff presentation; 45 minute discussion)
The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This
Ordinance sets the City Budget for the two-year period (2015–16) which becomes the City’s
financial plan for the next two fiscal years. This Ordinance sets the amount of $552,694,350 to be
appropriated for fiscal year 2015. Including the 2015 adopted budgets for the General
Improvement District (GID) #1 of $1,193,565 and General Improvement District (GID) #15
(Skyview) of $1,000 as well as the Urban Renewal Authority (URA) of $2,408,457 the total City
operated appropriations amount to $556,297,372.
This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991.
19. Items Relating to Utility Rates, Fees and Charges for 2015. (staff: Lance Smith; 5 minute staff
presentation; 20 minute discussion)
A. First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise
Electric Rates, Fees and Charges.
B. First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise
Electric Development Fees and Charges.
C. First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise
Wastewater Rates, Fees, and Charges.
The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one
Ordinance adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015
City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric
rate increase is necessary due to increased operation and maintenance costs associated with the
generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet
long term capital improvement needs due to anticipated regulatory changes and aging infrastructure.
The table above shows the overall changes in the operational revenues for each utility due to the
proposed rate increases. In the discussion below the rate class specific adjustments are given for
electric service. The proposed wastewater rate increase would be the same for all rate classes
based on the wastewater cost of service study adjustments which were made for 2014.
2015 Proposed Rate Adjustments
Utility
Proposed
Adjustment
Development Fees
to Be Adjusted?
Electric 1.9% Yes
Water - -
Wastewater 3.0% -
Stormwater - -
City of Fort Collins Page 9
Electric development fee changes are proposed due to changes in material costs. Water and
wastewater plant investment fees were updated for 2014 and will not be updated again until 2016.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday October 28, 2014
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, municipal government is the level of government closest to most citizens
and the one with the most direct daily impact upon residents; and
WHEREAS, municipal government is administered for and by the people and is
dependent upon public commitment to and understanding of its many responsibilities; and
WHEREAS, the City of Fort Collins provides high quality, efficient services in the areas
of safety, transportation, culture and recreation opportunities, environmental health,
neighborhood livability, economic health and a high performing government organization; and
WHEREAS, the Colorado Municipal League’s member cities and towns have joined
together to recognize the important role played by municipal government in our daily lives; and
WHEREAS, Colorado Cities & Towns Week offers an opportunity to convey to all
Colorado residents that they can shape and influence government through their civic
involvement.
NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim October 20-26, 2014 to be
COLORADO CITIES & TOWNS WEEK
and encourage all Fort Collins residents to learn about the services the City provides, and engage
with their municipal government.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, for over 50 years United Way of Larimer County has strived to ensure that
our community’s important health & human service needs are met in an atmosphere of mutual
respect and trust; and
WHEREAS, the historic roles of United Way include providing leadership in identifying
and prioritizing health and human service issues in Larimer County, and conducting major
fundraising campaigns to support solutions for those needs in our communities; and
WHEREAS, the partnership role between the community-at-large and United Way of
Larimer County is broadening to include an emphasis on long-lasting community solutions,
charitable giving and volunteer contributions; and
WHEREAS, United Way of Larimer County strives to improve our local community
through their community impact initiatives, nationally recognized Make a Difference Day as
well as through the annual fundraising campaign.
NOW THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim October 21, 2014 as
United Way of Larimer County’s
Give, Advocate, and Volunteer Day
in Fort Collins and I urge all citizens of Larimer County to become actively involved in
supporting United Way, through its campaign and volunteer initiatives.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 23, 2014 Adjourned Council Meeting and the
October 7, 2014 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 23, 2014 Adjourned Council meeting
and the October 7, 2014 Regular Council meeting.
ATTACHMENTS
1. September 23, 2014 (PDF)
2. October 7, 2014 (PDF)
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City of Fort Collins Page 405
September 23, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff present: Atteberry, Daggett, Jensen
1. Public Hearing on the 2015-2016 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the first official public hearing on the City Manager’s 2015-2016 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2015-2016 budget.
In an effort to receive further public input, a second public hearing is scheduled for the Tuesday,
October 7, 2014 Council meeting. Public input will also be taken during the budget adoption
meetings on Tuesday, October 21 and Tuesday, November 18, 2014 at 6:00 p.m. in the Council
Chambers.
The City Manager’s 2015-2016 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, Council Tree Library, or the City Clerk’s Office. The recommended budget
can also be viewed online at www.fcgov.com/budget <http://www.fcgov.com/budget>.
Chrissy Krumm, People First of Larimer County, discussed the importance of employment and
transportation. Specifically, she requested funding for additional evening and Sunday Transfort
service.
Nancy York, 130 South Whitcomb, supported evening, Sunday and holiday Transfort service
and suggested the budget should be evaluated, per offer, for carbon footprint impacts.
Betsy Craig, 815 Courtenay Circle, Menu Nutrition Information, supported funding for small
business services in the community.
Bruce Henderson, Bike Fort Collins, supported funding for various bicycle-related offers
necessary to implement the Low Stress Network. Additionally, he supported funding for two
recreation offers.
Shannell Sedgwick, Fort Collins Public Access Network President, supported funding for the
FC-PAN Network.
Mona Mazer, Fort Collins resident, supported funding for the Fort Collins Public Access
Network.
(Unintelligible name), Fort Collins resident, supported funding for the Fort Collins Public Access
Network.
Meghan Belaski, 1212 Southridge Drive, expressed concern regarding safety and cultural issues
in the Avery Park neighborhood.
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Attachment1.1: September 23, 2014 (2501 : Minutes-9/23, 10/7)
City of Fort Collins Page 406
April Johansen, Fort Collins Symphony musician, played her instrument in support of funding
for the Symphony.
Wes Kenney, 1033 Pinnacle Place, Fort Collins Symphony Director, supported funding for the
Symphony.
Rudy Burns, 914 Ridge Runner Drive, Babette's Feast, supported funding for the Larimer
County Small Business Development Center and Fort Collins Symphony.
Tina Mooney, The Fox and the Crow owner, supported funding for the Small Business
Development Center.
Glenn Plagens, Larimer Small Business Development Center Senior Director, supported funding
for the Small Business Development Center.
Mayor Weitkunat thanked the speakers and stated the second public hearing on the budget will
be October 7th.
RESULT: HEARING WAS HELD
2. Resolution 2014-082 Directing the Interim City Attorney and the City's Special Counsel to File
an Appeal with the Colorado Court of Appeals in the Colorado Oil and Gas Association v. City
of Fort Collins Lawsuit. (Adopted)
The purpose of this item is to request Council’s direction to file an appeal with the Colorado Court of
Appeals regarding the District Court’s recent decision in the Colorado Oil and Gas Association’s
(COGA) lawsuit against the City. That decision declared the voter-approved five-year moratorium on
hydraulic fracturing to be preempted by state law. This item also asks the Council for direction to file
with the District Court, and the Court of Appeals if necessary, a motion to “stay” the effect of the
Order pending the outcome of the appeal.
Laurie Kadrich, Community Development and Neighborhood Services Director, stated this
Resolution would direct staff to file an appeal regarding the District Court’s decision with the
Colorado Oil and Gas Association’s lawsuit against the City. Additionally, the item would direct
staff to ask for a stay, which would delay the effect of the District Court Judge’s ruling until such
time that the appeal is heard. Kadrich went on to discuss the moratorium approved by voters and
the subsequent lawsuit filed against the City by the Colorado Oil and Gas Association.
The following citizens spoke in support of the appeal:
Janice Lynne, Fort Collins resident
Evelyn Carpenter, Fort Collins resident
Tom Hoehn, 218 South Washington
Tonya (no last name given)
Stephen Wallace, Fort Collins resident,
Dolores Williams, 415 Mason Court
Harry Michaels, 5620 Fossil Creek Parkway
Sharon Bringleson, Fort Collins resident
Nancy York, 130 South Whitcomb
Kelly Giddens, Citizens for a Healthy Fort Collins
Kevin Cross, Fort Collins Sustainability Group
Debra (no last name given), Fort Collins resident
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Attachment1.1: September 23, 2014 (2501 : Minutes-9/23, 10/7)
City of Fort Collins Page 407
Patrick Padden, 3342 Pepperwood Lane
Meghan Belaski, 1212 Southridge Drive
Carolyn Carpenter, Liberty Commons student
Elaine Branjord, 4720 Prairie Vista Drive
J.D. Roybal, Windsor resident
Claire Pratt, Fort Collins resident
Jim Vassallo, Fort Collins resident
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2014-082.
Councilmember Troxell asked about the status of the health study which was put in place as a
result of the oil and gas operator agreement. Kadrich replied a third party was hired to examine
the operator agreement and the operator was found to be in compliance. Additionally, Kadrich
stated preliminary air quality and water baseline sampling are being completed, related to the
operator agreement.
Councilmember Troxell asked about the studies which were to be completed as part of the
moratorium. Kadrich replied a preliminary analysis has been completed with regard to property
values and the health impact report is in its draft stage; both of which are still occurring
regardless of the Court action.
Troxell asked if the City is participating with the real-time monitoring regarding oil and gas
operations with the Colorado Water Watch. Kadrich replied she would report back.
RESULT: RESOLUTION 2014-082 ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Troxell
3. Second Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline
Easement, Access Easement, and Temporary Construction Easement on City property to the
City of Greeley. (Adopted)
This Ordinance, adopted on September 2, 2014, by a vote of 5-1 (Nays: Overbeck; Poppaw absent)
authorizes the conveyance of easements to the City of Greeley across the City property known as
the City Ditch. The City of Greeley is acquiring necessary easements for its Greeley Bellvue
Pipeline Project. Greeley has requested easements for its project across a strip of property owned
by the City’s Utility Department extending south from the Poudre River. The property lies outside
City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company
utilizes this ditch through an existing easement agreement with the City. The easements requested
by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808
square feet) temporary construction easement, and an access easement across the existing ditch
access road.
Lindsay Kuntz, Real Estate Specialist, stated this item would convey several easements on City
property to the City of Greeley. She discussed the location of the property and easements and
reviewed the history of the easement request. Additionally, Kuntz discussed the land dispute
issue and stated the title of the property was acquired by means of a rule in order in 1883, which
was later recorded in the Larimer County public records in 1892. She noted the property
owner’s deed, recorded in 1977, includes language excepting a tract to the City of Fort Collins.
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Councilmember Cunniff asked if the basic issue is the City of Greeley’s request to place a
pipeline through Fort Collins’ property. Kuntz replied Greeley is requesting an easement, not a
right-of-way.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 123, 2014, on Second Reading.
Councilmember Overbeck discussed his visit to the site and expressed concern the easement lies
close to the Poudre River.
Councilmember Cunniff expressed concern regarding the interests of the Brinks' property.
Councilmember Troxell thanked staff for preparing the site visit and requested information.
Mayor Weitkunat noted site visits were held several years ago and supported the motion.
RESULT: ORDINANCE NO. 123, 2014 ADOPTED ON SECOND READING [5 TO 2]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Poppaw, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
ADJOURNMENT
The meeting adjourned at 7:15 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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October 7, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended postponement of Item No. 20, First Reading of
Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power,
Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program, for the Construction of a New Utilities Administration Building in Block 32 on
LaPorte Avenue and Renovation of 700 Wood Street, to the adjourned meeting scheduled for
October 14.
CITIZEN PARTICIPATION
Deborah Young, Women’s Commission, expressed appreciation for work done by the Social
Sustainability Office.
Lew Gaiter, Larimer County Commissioner, expressed appreciation for Council’s consideration
of a Resolution supporting the jail sales tax extension.
Lawrence Budd, 1436 Glen Haven, discussed the “water refugee” situation with regard to
incoming residents from drought-stricken California.
Cheryl Distaso, Fort Collins Community Action Network, discussed widening income gaps in
Fort Collins, particularly related to the mall redevelopment, and requested Police stop ticketing
homeless individuals. Additionally, she requested Council consider funding for lockers for
homeless individuals.
Devin Hirning, Fort Collins resident, presented a petition, signed by 977 Fort Collins residents,
to reinstate aquatics in the southeast recreation and arts center.
The following citizens spoke in favor of the inclusion of aquatics in the southeast recreation
center:
Emily Land, 637 Sandreed Court
Heidi Early, 6314 Tilden Street
Jenny McElwain, 2303 Chandler Street
Josie McElwain, 2303 Chandler Street
Jillian McElwain, 2303 Chandler Street
Janelle McElwain, 2303 Chandler Street
Matt Phillips, 6408 Tilden Street
Marcus Phillips, 6408 Tilden Street
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Mark Morehouse, 2216 Vassar
Jenna Lee, 1406 Twin Oak Drive
Marty Jaskin, 2442 Hollingbourne Drive
Desiree Fisk, Fort Collins Homeless Coalition, supported better solutions for the city’s homeless
crisis and supported funding for lockers.
Kim Larson, Catholic Charities, expressed appreciation for the Social Sustainability Department
and stressed the need for winter shelter for homeless residents.
Susan Wymer, Fort Collins resident, stated she is homeless and stressed the need for affordable
housing in the city.
Kristianne Gale, 1301 Cherry Street, stressed the need for affordable housing in the city.
Tino Shiscler, 242 Conifer, stressed the need for affordable housing in the city.
Jeff Baumgardner, FoCo Café, provided a brief update on the status of the café and commended
City employees for their assistance.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff stated he does not currently support the inclusion of a pool at the
southeast recreation center as pool budgets do not include funding for major renovations and
maintenance. He stated the expectation that the City would be the only source of funding for a
new pool facility is not practical.
Councilmember Overbeck discussed the living wage and part-time employees in the community.
Councilmember Troxell thanked Commissioner Gaiter and Jeff Baumgardner for their
comments.
Councilmember Campana thanked those who spoke regarding the pool.
Mayor Weitkunat asked what will occur internally with the presented citizen petition regarding
the pool. City Manager Atteberry replied the ultimate decision rests with Council, which will be
considering projects to be placed before voters for the Building on Basics 2.0 tax.
Mayor Pro Tem Horak noted there has been no approval of any type of plan for a southeast
recreation facility. Additionally, he noted the creation of EPIC was started as a citizen initiative.
He also requested follow-up regarding Ms. Wymer’s comments and concerns.
Councilmember Poppaw noted Homeward 2020 and the Housing Authority have been funded to
provide advocacy for homeless residents.
Councilmember Campana asked if the southeast community center is already part of a plan to be
located at Fossil Creek Park. City Manager Atteberry replied there will be many conversations
upcoming regarding this issue.
CONSENT CALENDAR
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RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the September 16, 2014 Regular Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 16, 2014 Regular Council
meeting.
2. Second Reading of Ordinance No. 124, 2014, Appropriating Unanticipated Grant Revenue in
the General Fund and Transferring and Appropriating Funds from the Community
Development and Neighborhood Services Operating Budget for the Restorative Justice
Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, appropriates grant
money 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.
3. Second Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code
to Conform the Text to Previously Adopted Revisions. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, expands prohibited
uses in Section 1.3.4 of the Land Use Code to include the full scope of retail and medical marijuana
uses that was defined in Ordinance No. 042 that were not included in Ordinance No. 086, 2014.
4. Second Reading of Ordinance No. 126, 2014, Designating the Bode Property, 220 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, designates the
Bode Property at 220 Remington Street a Fort Collins Landmark. The owner of the property, Colleen
Scholz, initiated this request.
5. Second Reading of Ordinance No. 127, 2014, Designating the Juan and Mary Barraza
Property, 412 Wood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 16, 2014, designates the
Juan and Mary Barraza Property at 412 Wood Street as a Fort Collins Landmark. The owner of the
property, Mary Barraza, initiated this request.
6. Items Relating to the West Mulberry Street Bridge Replacement Project. (Adopted)
A. Resolution 2014-083 Authorizing the Mayor to Enter into a Contract with the Colorado
Department of Transportation for the Construction of the West Mulberry Street Bridge
Replacement.
B. First Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the
Colorado Department of Transportation into the Capital Projects Fund - City Bridge Program
Project for the West Mulberry Street Bridge Replacement.
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The City has been awarded a grant from the federally funded Colorado Off-System Bridge Program
in the amount of $700,000. This funding contract between the City and Colorado Department of
Transportation is for the replacement of a structurally deficient bridge owned by the City. The bridge
is the West Mulberry Street Bridge over the New Mercer Ditch.
7. Items Relating to the Clydesdale Park First and Second Annexations. (Adopted)
A. Resolution 2014-084 Setting Forth Findings of Fact and Determinations Regarding the
Clydesdale Park First Annexation.
B. Hearing and First Reading of Ordinance No. 131, 2014, Annexing Property Known as the
Clydesdale Park First Annexation.
C. First Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park First Annexation.
D. Resolution 2014-085 Setting Forth Findings of Fact and Determinations Regarding the
Clydesdale Park Second Annexation.
E. Hearing and First Reading of Ordinance No. 133, 2014, Annexing Property Known as the
Clydesdale Park Second Annexation.
F. First Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park Second Annexation.
The purpose of this item is to consider the annexation of the existing Clydesdale Park subdivision
located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway.
Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of
the Clydesdale Park neighborhood have requested annexation.
Residents are also requesting a 5 year “phase-in” of the storm water utility fee for Clydesdale Park
upon annexation. The stormwater fee phase-in request was brought to the Water Board on
September 18, 2014 for its consideration. Stormwater utility staff and the Water Board are
recommending denial of the request for a “phased-in” stormwater fee.
8. Resolution 2014-086 Expressing the City Council's Support for the Passage of Larimer
County Proposition 100 Regarding Funding for Construction of a New Animal Shelter for
Larimer County and Urging the Citizens of Fort Collins to Vote "Yes" on this Proposition.
(Adopted)
The purpose of this item is for the City Council to express its support of the passage of Larimer
County Proposition 200 and urging the citizens of the City of Fort Collins to vote “yes” on this
proposition supporting Larimer Humane Society and the construction of a new animal shelter for
Larimer County.
9. Resolution 2014-087 Expressing the City Council's Support for the Passage of Larimer
County Ballot Issue 1B Extending a Fifteen One-Hundredths of One Percent County-Wide
Sales and use Tax for the Operation of the Larimer County Jail and Urging the Citizens of
Fort Collins to Vote "YES" on this Ballot Issue. (Adopted)
The purpose of this item is for City Council to express its support of the passage of the countywide
jail tax renewal and to encourage the citizens of the City of Fort Collins to vote “yes” on this measure.
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10. Resolution 2014-088 Requesting That the Colorado Municipal League Sponsor Legislation
Before the Colorado General Assembly That Would Provide Local Emergency Responders
with Advance Information Regarding Hazardous Materials Shipments Being Made on Rail
Freight Routes Within the State. (Adopted)
The purpose of this item is to seek the Colorado Municipal League to sponsor legislation in the
Colorado General Assembly that would provide local emergency responders with information about
railroad hazardous material shipments. The City's 2014 Legislative Policy Agenda does not
explicitly call for Fort Collins to take a leadership role on this issue and so the Legislative Review
Committee has asked staff to present this Resolution for Council consideration. Fort Collins has
many freight trains traveling through the community that carry hazardous materials. The proposed
legislation would seek information from railroads for emergency in advance of shipments of
hazardous materials so that they are best able to protect the community.
11. Resolution 2014-089 Adopting the 2014 Natural Areas Master Plan to Replace the "Land
Conservation and Stewardship Master Plan" as a Component of the City's Comprehensive
Plan. (Adopted)
The purpose of this item is to seek Council adoption of the Natural Areas Master Plan (Plan).
Council reviewed the draft Plan at its August 12, 2014 Work Session and staff has completed the
changes to the Plan that were suggested by Council at that time. This ten-year Plan will replace the
current “Land Conservation and Stewardship Master Plan” which was adopted by Council in 2004.
Natural Areas staff spent the last two years gathering input from the citizens of Fort Collins and
Larimer County as to the future of the City’s natural areas. The results of that research indicated a
high level of community enthusiasm and satisfaction with the City’s land and habitat conservation
and outdoor recreation efforts. In survey data and in public forums, citizens clearly expressed a
desire for the City to continue its efforts to conserve diverse lands and to provide outdoor recreation
opportunities, in particular opportunities for walking, hiking, and biking. The proposed Plan identifies
a series of priorities that align with citizen desires, the foundational language of the citizen-initiated
sales taxes, City Plan Principles and Policies, and the Department’s core conservation mission.
12. Resolution 2014-094 Approving the Midtown in Motion, College Avenue Transportation Study.
(Adopted)
The purpose of this item is to seek City Council approval of the Midtown in Motion, College Avenue
Transportation Study. The limits of the Midtown in Motion study are College Avenue from Prospect
Road to Harmony Road. The study addressed circulation for College Avenue, the adjacent frontage
roads, and east/west connections to the MAX Bus Rapid Transit (BRT) stations. This study is the
culmination of a year-long effort that included in-depth review of existing conditions and a
comprehensive development of a variety of alternatives, ultimately resulting in recommendations for
improved roadway, bicycle and pedestrian facilities for College Avenue. The study was conducted
with extensive public input and feedback, and is a reflection of guidance from the community on the
preferred future for College Avenue.
13. Resolution 2014-090 Approving an Exception to the Use of a Competitive Process for the
Purchase of ESRI GIS Software Enterprise License Agreement. (Adopted)
The purpose of the item is to request an exception to the competitive bid process for the purchase of
a three year Enterprise License Agreement (ELA) from ESRI, as the alternative is contrary to the
City’s interests. ESRI’s suite of Geographic Information System (GIS) software products are used
throughout the organization by many departments. The software and its data are integral to several
other software solutions. The ELA is a cost effective approach that allows for an unlimited number of
users to make use of this software and also provides for access to future upgrades, updates and
patches. ESRI’s software is proprietary and is only available through them; they do not work with
resellers.
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14. Resolution 2014-091 Authorizing the Purchasing Agent to Enter Into a Professional Services
Agreement With a Search Firm to Participate in the Recruitment and Selection of a City
Attorney. (Adopted)
The purpose of this resolution is for the Council Committee to identify its preferred option regarding
the search firm to be chosen by the City Council and for the City Council to authorize the Purchasing
Agent to enter into a professional services agreement with that search firm.
15. Resolution 2014-092 Reappointing Teresa Ablao as Temporary Judge and Authorizing the
Execution of an Employment Agreement. (Adopted)
The purpose of this item is to reappoint Teresa Ablao as the temporary judge for the Fort Collins
Municipal Court. The City Charter provides for the appointment of a temporary judge (commonly
referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Teresa
Ablao has served in this capacity since mid-2012. Municipal Judge Kathleen M. Lane recommends
that Ms. Ablao be reappointed as the Assistant Municipal Judge.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Horak suggested supplementing the storm drainage fund with dollars from the
Clydesdale Park residents, regarding Item No. 7, Items Relating to the Clydesdale Park First and
Second Annexations. Additionally, he noted Council’s support for Item Nos. 8 and 9, Resolution
2014-086 Expressing the City Council's Support for the Passage of Larimer County Proposition
200 Regarding Funding for Construction of a New Animal Shelter for Larimer County and
Urging the Citizens of Fort Collins to Vote "Yes" on this Proposition and Resolution 2014-087
Expressing the City Council's Support for the Passage of Larimer County Ballot Issue 1B
Extending a Fifteen One-Hundredths of One Percent County-Wide Sales and use Tax for the
Operation of the Larimer County Jail and Urging the Citizens of Fort Collins to Vote "YES" on
this Ballot Issue.
Mayor Pro Tem Horak also discussed and commended the passage of Item No. 12, Resolution
2014-094 Approving the Midtown in Motion, College Avenue Transportation Study.
STAFF REPORTS
Rick Richter, Infrastructure Manager, briefly discussed the Mulberry bridge replacement project.
Jim Hoffman, Colorado Department of Transportation, discussed the need for the bridge
replacement and stated the project is being funded by Colorado Bridge Enterprise. He detailed
the sidewalk, bike lane, travel lane, and median plans; additionally, he discussed the detour
routes for eastbound traffic and public relations regarding the project and detours.
Councilmember Cunniff asked if a link to the information has been provided on the City’s
website. Hoffman replied in the affirmative.
Councilmember Cunniff asked if there is a proactive means of communicating with truckers
regarding the closure. Hoffman replied the Wyoming Department of Transportation has been
contacted; however, they have not agreed to place a message up regarding the detour.
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Councilmember Overbeck encouraged the use of public service announcements via various
media sources.
Mayor Pro Tem Horak commended the use of double turn lanes from Riverside and suggested
additional signage indicating those lanes. Hoffman replied signage will be added.
COUNCILMEMBER REPORTS
Mayor Pro Tem Horak reported on the North Front Range Transportation Air Quality
Metropolitan Planning Organization meeting regarding the possibility of adding a third lane to I-
25.
DISCUSSION ITEMS
16. Public Hearing on the 2015-2016 Recommended Biennial Budget for the City of Fort Collins.
(Hearing was Held)
This is the second official public hearing on the City Manager’s 2015-2016 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2015-2016 Budget. Public input will also be taken during the budget adoption meetings on Tuesday,
October 21 and Tuesday, November 18, 2012 at 6:00 p.m. in the Council Chambers.
The City Manager’s 2015-2016 Recommended Budget can be reviewed at the Old Town Library, the
Harmony Library, Council Tree Library, or the City Clerk’s Office. The recommended budget can
also be viewed online at www.fcgov.com/budget.
Stacy Poncelow, 620 Gilgalad Way, supported funding for Poudre School District’s after-school
enrichment programs.
Stacy Clark, Can Do, supported funding for the FC Walks program.
Maria Ortiz, 3808 Celtic Lane, supported funding for Poudre School District’s after-school
enrichment programs.
Bruce Walthers, Front Range Community College, supported funding for the Small Business
Development Center.
Kevin Cross, Fort Collins Sustainability Group, supported funding for the LED street light
replacement program and the community engagement and vision for a fossil-free future program.
Bob Flynn, Green Ride Airport Shuttle, supported funding for the Small Business Development
Center.
Jeff Baumgardner, FoCo Café, supported additional funding for the Social Sustainability
Department.
Evan Rau, 2929 Ross Drive, Crankenstein owner, supported funding for the Small Business
Development Center.
Michael Murphy, Magic Bus Tours, supported funding for the Small Business Development
Center.
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Michael O’Connell, Small Business Development Center Director, supported funding for the
Small Business Development Center.
Rob Cagen, Buttonwood Drive, supported funding for the Keep Fort Collins Great enhancement
for Sustainability Services item.
Bevin Campbell, 504 Duke Lane, supported funding for the Safe Routes to School budget offers.
Irene Vernon, Northside Atzlan Advisory Community Board Chair, supported funding for
Poudre School District’s after-school enrichment programs.
Nancy York, 130 South Whitcomb, supported funding for Sunday MAX service and transit
expansion. She suggested funding could be pulled from downtown landscaping and
maintenance, convention and visitor’s services, and the utilities demand response program.
Cheryl Distaso, Fort Collins Community Action Network, supported funding for the Poudre
School District’s after-school enrichment programs, Sunday and evening transit service, the
integrated pest management program for West Nile mitigation, the LED street light replacement
program, the community engagement fossil-free future coordinator, and lockers for homeless
individuals.
Chris Winslow, 126 Sylvan Court, supported funding for the Executive Director position for the
Fort Collins Public Access Network (FCPAN).
Julian Wang, People First President, supported funding for Dial-a-Ride, Sunday and evening
transit, and additional Harmony park-n-ride service.
Eric Sutherland, 3520 Golden Currant, requested a budget book be placed in Council Chambers
and questioned how the School District's budget would be affected given the existing use of tax
increment financing. Additionally, he questioned the mall finance package.
Liz Prussner, NRAB representative on the West Nile Virus Technical Advisory Committee,
supported funding for the integrated pest manager position.
Louis Sharp, Birky Place, spoke on behalf of Mike Devereaux, supported funding for Oak Street
bathroom renovations.
Phillip Mayer, Loveland resident, supported funding for FCPAN.
Mayor Pro Tem Horak questioned the funding source options for the Poudre School District
after-school enrichment programs.
RESULT: HEARING WAS HELD
17. Resolution 2014-093 Adopting the 2014 Poudre River Downtown Master Plan. (Adopted as
Amended)
The purpose of this item is to review the final draft of the Poudre River Downtown Master Plan and to
seek Council adoption by resolution.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
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John Stokes, Natural Resources Director, discussed the major themes of the Poudre River
Downtown Master Plan, including transitions, reconnecting habitat, sustainable river access,
parking, and flood mitigation.
Liz Prussner, Fort Collins resident, expressed support for the Plan and staff’s efforts.
Councilmember Cunniff commended the improvements made to the Plan and asked if improved
pedestrian access along College was considered rather than the construction of a new bridge
structure. Stokes replied it was considered; however, was not chosen as a preferred alternative as
the College bridge is not a particularly pleasant pedestrian experience.
Councilmember Cunniff suggest placement of the pedestrian bridge as an option.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-093.
Councilmember Troxell asked if the hydrology meets the needs of the proposed kayak park.
Stokes replied in the affirmative.
Councilmember Troxell expressed support for the pedestrian bridge.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to modify the
language to allow a pedestrian bridge option, but to give more planning flexibility as to the
design. He suggested language changes to lessen the importance of the bridge and focus more
on its connection.
Councilmember Poppaw stated she has no problem with the wording changes, although it may
not appreciably change the intent.
Mayor Weitkunat commended the inclusion of people and the utilization of the river as a place
for community access and recreation.
Councilmember Poppaw commended the Plan's balance.
Mayor Pro Tem Horak accepted the proposed language changes as a friendly amendment;
however, Councilmember Troxell did not.
The vote on the motion to amend was as follows: Yeas: Weitkunat, Poppaw, Cunniff, Overbeck
and Horak. Nays: Troxell.
THE MOTION CARRIED.
Mayor Pro Tem Horak commended the overall Plan.
Councilmember Troxell commended staff work and the Plan.
Councilmember Cunniff commended staff work, the community, and Boards and Commissions'
input.
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RESULT: RESOLUTION 2014-093 ADOPTED AS AMENDED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
18. First Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Existing Appropriations From the General Fund
to the Capital Projects Fund for the Woodward Related Transmission Line Relocation Project.
(Adopted)
The purpose of this item is to appropriate an additional $254,000 for the Transmission Line
Relocation portion of the Woodard Public Improvements Project.
Mike Beckstead, Chief Financial Officer, discussed the need for the appropriation.
Councilmember Cunniff stated he would like to ensure cost overruns are accounted for in future
agreements so as to avoid the use of general funds.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 135, 2014, on First Reading.
Mayor Pro Tem Horak noted the original figures were estimates only.
Councilmember Troxell expressed appreciation for the complexities of the project and for the
explanation provided.
RESULT: ORDINANCE NO. 135, 2014, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
(Secretary's note: The Council took a brief recess at this point in the meeting.)
19. First Reading of Ordinance No. 136, 2014, Amending Chapter 26 of the City Code Regarding
Calculation and Collection of Development Fees Imposed for the Construction of New or
Modified Electric Service Connections. (Option A or B) (Postponed to November 18, 2014)
The purpose of this item is to revise (Option A) or clarify (Option B) the City Code provisions relating
to Electric Development Fees, in particular, Electric Capacity Fee Charges. The Ordinances clarify
that the fees due are based on the rates effective on the date of final payment but Council is
presented with two options on how the fee is to be collected.
Option A: Option A is a timing change from current Code requirements. This option requires
that 100% the Electric Capacity Fee (ECF) to be payable prior to the Utility initiating construction
of the electric distribution system. Rates in effect at the time of payment would apply. Currently
only 50% of the fee is payable prior to construction with the remainder due prior to the electric
system being energized. Option A also addresses how invoices issued prior to the adoption of
this ordinance would be addressed.
Option B: Option B does not change the timing of current Code requirements. It requires at
least 50% of the Electric Capacity Fee (ECF) to be paid as a deposit prior to the Utility initiating
construction of the electric distribution system. The remaining ECF (final payment) would be due
prior to the system being energized. Rates in effect at the time of final payment would apply to
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the entire development. Because Option B is not a change from current practice or intent of the
current code, it would apply to all invoices issued before or after the adoption.
No changes to the Electric Development Fee amounts are proposed as part of this ordinance. The
ordinance changes the verbiage only. 2015 Electric Development Fee rate amounts will be
presented to City Council for first reading on October 21, 2014 as a separate item.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Lance Smith, Utilities Strategic Financial Planning Manager, discussed the current City policy
and detailed the options for Council consideration to adjust the policy. He stated the Energy
Board expressed support for Option A.
Councilmember Cunniff stated Option A has the benefit of simplicity; however, he questioned
whether this option would result in a rush of fees being paid prior to a coming fee increase.
Smith replied the fees are updated annually; therefore, each year does not have a substantial
increase.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 136, 2014, Option A, on First Reading.
Councilmember Troxell asked what type of time delays would occur under Option B. Janet
McTague, Utility Project Engineering Supervisor, replied Xcel is typically right behind the City
in terms of installation, within a week.
Councilmember Troxell asked about the current 50/50 payment policy. McTague replied the
City installs its infrastructure once a developer pays the first 50% and the transformers are not
energized until the second 50% is paid, which is typically within a week. She stated the
proposed up-front 100% payment will likely be a convenience to most developers.
Councilmember Cunniff expressed support for Option A.
Mayor Weitkunat stated she would not support the motion stating she does not believe 100% up-
front payments are the way to do business.
Mayor Pro Tem Horak asked if any other development fees are paid in parts. McTague replied
the only other fee paid in parts is the cost to run the secondary service from the transformer to
the meter in a residential development. Interim City Attorney Daggett noted impact fees are
generally paid in full for a building permit.
Councilmember Troxell asked when the 100% payment would be due. Smith replied it would be
due prior to scheduling the infrastructure construction.
Councilmember Troxell asked what the expectation from developers should be in terms of
timing of construction. McTague stated the 100% would not be expected to be paid until shovels
are ready to be used based on the mutually-accepted design.
Councilmember Troxell asked about the timeline between the beginning of construction and
energizing. McTague replied projects are most always taken through to completion once they
begin and will be energized as soon as they are complete.
Packet Pg. 27
Attachment1.2: October 7, 2014 (2501 : Minutes-9/23, 10/7)
City of Fort Collins Page 420
Councilmember Troxell stated he would like the Ordinance to include language relating to level
of service expectations.
City Manager Atteberry suggested possible changes could be made prior to Second Reading.
Councilmember Poppaw asked if any developers have expressed concern regarding the proposed
100% payment. Additionally, she asked if there has ever been a concern relating to the City
Utilities not delivering as promised.
Mayor Pro Tem Horak appreciated Councilmember Troxell’s concerns and encouraged
additional public outreach prior to Second Reading.
Councilmember Cunniff asked if Council would have the purview to change from Option A to
Option B between readings.
Councilmembers and Mayor Weitkunat discussed the need for additional public outreach.
Councilmember Poppaw made a motion, seconded by Councilmember Overbeck, to postpone
First Reading of Ordinance No. 136, 2014 to November 18, 2014.
RESULT: ORDINANCE NO. 136, 2014 POSTPONED TO NOVEMBER 18, 2014 [6 TO 0]
MOVER: Lisa Poppaw, District 2
SECONDER: Bob Overbeck, District 1
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
20. First Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light
and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing
the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in
Public Places Program, for the Construction of a New Utilities Administration Building in
Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Postponed to October 14,
2014)
The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility
Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing
Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with
$4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be
appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked
with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to
address the current building performance and space issues facing Fort Collins Utilities’ ongoing and
future business operations. Balancing the city-wide goal to have high-performing office buildings
with the need to be fiscally prudent has led the Building Team to recommend the two-pronged
funding process proposed in this appropriation ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share
the costs of the projects. All appropriations will come from the existing reserves in these four funds.
Packet Pg. 28
Attachment1.2: October 7, 2014 (2501 : Minutes-9/23, 10/7)
City of Fort Collins Page 421
RESULT: ORDINANCE NO. 137, 2014, POSTPONED TO OCTOBER 14, 2014
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to the
end of the Council work session on Tuesday, October 14, 2014, to consider such matters as may
come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 9:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
Packet Pg. 29
Attachment1.2: October 7, 2014 (2501 : Minutes-9/23, 10/7)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Jason Licon, Airport Director
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015 Operating and
Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport.
EXECUTIVE SUMMARY
The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport operating
revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest
earnings. This Ordinance authorizes the City of Loveland to appropriate the City of Fort Collins contribution,
which is a 50% share of the 2015 Airport budget and totals $422,265.
This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the Airport from
federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of
the 2014 Airport capital funds, totaling $885,000, will be used to complete major Airport improvements
including the second phase of the construction of a snow removal equipment storage facility, and the
rehabilitation of roadways.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment of a regional aviation
facility and became owners and operators of the Fort Collins-Loveland Municipal Airport, located approximately
16 miles southeast of downtown Fort Collins, just west of Interstate 25 on Earhart Road. The Airport is
operated as a joint venture between the City of Fort Collins and the City of Loveland, with each City retaining a
50% ownership interest, sharing equally in policy-making and management, and with each assuming
responsibility for 50% of the capital and operating costs associated with the Airport.
The Airport’s mission is to provide a safe and efficient air transportation airport facility to the general public and
aviation community by providing airport facilities that meet Federal Aviation Administration (FAA) safety
standards and to implement a plan that ensures the efficient development of the Airport to meet the needs of
the Fort Collins and Loveland communities.
Airport revenues cover operating costs and capital projects. Each city contributes equal funding for Airport
operating and capital costs. Airport development and improvement funds are also received, for eligible
projects, from the FAA and the Colorado Department of Transportation, Division of Aeronautics.
The annual operating costs for 2015 for the Airport are $844,530, and the City of Fort Collins contribution is
$177,500. In addition, the Airport Manager is recommending additional capital expenditures and has identified
the following funding sources:
Packet Pg. 30
Agenda Item 2
Item # 2 Page 2
FAA Entitlement Grant $150,000
State Grant 400,000
Airport Revenues 335,000
Total $885,000
The additional capital expenditures will be used to complete major Airport improvement projects, such as the
second phase of construction of a snow removal equipment storage facility, and the rehabilitation of roadways
estimated at $885,000. Thus, the City of Fort Collins appropriation for the capital expenditures identified above
is $442,500 (50% of the total). The Fort Collins - Loveland Airport Steering Committee, the Mayors and City
Managers from each City, has reviewed and approved these recommendations for the 2015 Airport operational
and capital improvement budget at its regularly scheduled meeting on May 22, 2014.
FINANCIAL / ECONOMIC IMPACTS
This Ordinance appropriates the City’s 50% share ($864,765) of the annual appropriation for fiscal year 2015
for the Fort Collins-Loveland Municipal Airport budget. The City of Loveland manages the Airport’s budget and
finances; however, since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to
appropriate its 50% portion of the Airport budget.
Packet Pg. 31
- 1 -
ORDINANCE NO. 138, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE APPROPRIATION OF 2015 FISCAL YEAR
OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR
THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the “Cities”)
agreed to establish a regional general aviation facility and became owners and operators of the
Fort Collins-Loveland Municipal Airport (the “Airport”); and
WHEREAS, the Airport is operated as a joint venture between the Cities, with each city
retaining a 50% ownership interest, sharing equally in policy-making and management, and each
assuming responsibility for 50% of the Airport’s capital and operating costs; and
WHEREAS, in accordance with the Intergovernmental Agreement, dated May 16, 2000,
between the Cities for joint operation of the Airport (the “IGA”), the Airport Manager is
responsible for preparing the Airport’s annual operating budget and submitting it to the Cities for
their approval; and
WHEREAS, under the IGA, the City’s share of existing and unanticipated Airport
revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the Cities,
since the City of Loveland provides finance and accounting services for the Airport; and
WHEREAS, in accordance with Article V, Section 8(b), of the City Charter, any expense
or liability entered into by an agent of the City on behalf of the City, shall not be made unless an
appropriation for the same has been made by the City Council; and
WHEREAS, the Airport Manager has submitted for City Council consideration a 2015
Airport operating budget totaling $844,530, of which the City’s share is $422,265; and
WHEREAS, it is the desire of the City Council to authorize the City of Loveland to
appropriate the City’s share of the necessary funds for the Airport’s operating costs, totaling
$422,265, for the fiscal year beginning January 1, 2015, and ending December 31, 2015; and
WHEREAS, the Airport Manager also recommends capital expenditures totaling
$885,000 to complete major Airport improvement projects in 2015, including the rehabilitation
of roadways and, the second phase of the construction of a snow removal equipment storage
facility; and
WHEREAS, funding for the 2015 capital improvements has been identified as follows:
FAA Entitlement Grant $150,000
State Grant 400,000
Airport Revenue 335,000
Total $885,000
Packet Pg. 32
- 2 -
WHEREAS, the City’s 50% share of the 2015 capital improvement costs is $442,500.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby adopts the 2015 Airport operating budget.
Section 2. That the City Council hereby authorizes the appropriation of FOUR
HUNDRED TWENTY-TWO THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS
($422,265) to be expended to defray the 2015 operating costs of the Fort Collins-Loveland
Municipal Airport.
Section 3. That the City Council hereby authorizes the appropriation of FOUR
HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($442,500) to be used
for 2015 capital improvements at the Fort Collins-Loveland Municipal Airport.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 33
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Jennifer Hensley, Finance Coordinator
Matt Robenalt, Executive Director
SUBJECT
First Reading of Ordinance No. 139, 2014 Being the Annual Appropriation Ordinance for the Fort Collins
Downtown Development Authority Relating to the Annual Appropriations for Fiscal Year 2015 and Fixing the
Mill Levy for the Downtown Development Authority for Fiscal Year 2015.
EXECUTIVE SUMMARY
The purpose of this item is to set the Downtown Development Authority (“DDA”) 2015 Operations and
Maintenance Budget amount of $744,084 to be appropriated for fiscal year 2015 for the administrative
operations budget, appropriate the 2015 Line of Credit Draw in the amount of $1,000,000, set the amount of
$3,191,396 for debt service payments to be appropriated for fiscal year 2015 and set the 2015 Mill Levy for the
Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the
Downtown Development Authority’s financial plan for 2015.
STAFF RECOMMENDATION
The Downtown Development Authority Board of Directors and staff recommend adoption of the Ordinance on
First Reading.
BACKGROUND / DISCUSSION
The Downtown Development Authority (DDA) was created in 1981 with the purpose, according to Colorado
state statute, of planning and implementing projects and programs within the boundaries of the DDA. By state
statute the purpose of the ad valorem tax levied on all real and personal property in the downtown
development district, not to exceed five (5) mills, shall be for the budgeted operations of the authority. The
DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would
undertake. In order to carry out the purposes of the state statute and the Plan of Development the City, on
behalf of the DDA, has issued various tax increment bonds, which require debt servicing.
The City Council is also required by Section 31-25-807(3)(a)(IV)(B) of the Colorado Revised Statutes to certify
to the Larimer County Assessor by August 1st of each calendar year the property tax distribution percentages
for all affected governmental entities whose property taxes are to be allocated to the DDA tax increment fund.
A resolution will be presented to Council in January for this certification.
FINANCIAL / ECONOMIC IMPACTS
The Fort Collins Downtown Development Authority is requesting approval of the DDA Operations and
Maintenance budget for fiscal year 2015 in the amount of $744,084. It is requesting appropriation of up to
$1,000,000 for the 2015 Line of Credit draw. It is also requesting approval of the DDA debt payment
commitments in the amount of $3,191,396 for 2015 obligations.
Packet Pg. 34
Agenda Item 3
Item # 3 Page 2
The 2015 Line of Credit draw, whose debt service payment will be made from the debt service fund, is
projected to fund up to $1,000,000.
Uses:
Museum of Discovery $ 500,000
Multi-Year Reimbursement Payments 131,036
Future Public/Private Investments and Programs 368,214
Annual Line of Credit Financing Cost 750
Total $1,000,000
The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments
for 2015.
BOARD / COMMISSION RECOMMENDATION
At its October 9, 2014 meeting, the Downtown Development Authority Board of Directors adopted its proposed
budget for 2015 totaling $4,935,480 and determined the mill levy necessary to provide for payment of
administrative costs incurred by the DDA.
ATTACHMENTS
1. DDA Boundary Map (PDF)
2. Resolution 2014-01 Determining and Fixing the Mill Levy (PDF)
3. Resolution 2014-02 Budget of the Estimated Amounts Required to Pay the Expenses of Conducting
Business (PDF)
4. Resolution 2014-03 2015 Revolving Line of Credit (PDF)
5. Resolution 2014-04 for Payment of Debt Service (PDF)
Packet Pg. 35
Cache La Poudre River
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E Vine Dr
Riverside Ave
N College Ave
E Lincoln Ave
S Lemay Ave
Remington St
S College Ave
9th St
S Mason St
S Howes St
E Mulberry St
W Laurel St
Laporte Ave
W Mulberry St
N Lemay Ave
W Mountain Ave
Jefferson St
N Mason St
N Howes St
E Mountain Ave
N
L
e
may
A
v
e
Smith St
E Elizabeth St
Mathews St
Locust St
Peterson St
E Myrtle St
Stover St
Whedbee St
Linden St
12th St
Maple St
Cherry St
Conifer St
E Plum St
W Oak St
E Olive St
W Olive St
W Myrtle St
Willow St
Buckingham St
E Oak St
S Meldrum St
Hemlock St
1st St
Redwood St
3rd St
S Whitcomb St
2nd St
N Sherwood St
W Magnolia St
ATTACHMENT 2
Packet Pg. 37
Attachment3.2: Resolution 2014-01 Determining and Fixing the Mill Levy (2433 : DDA Budget)
ATTACHMENT 3
Packet Pg. 38
Attachment3.3: Resolution 2014-02 Budget of the Estimated Amounts Required to Pay the Expenses of Conducting Business (2433 : DDA
ATTACHMENT 4
Packet Pg. 39
Attachment3.4: Resolution 2014-03 2015 Revolving Line of Credit (2433 : DDA Budget)
ATTACHMENT 5
Packet Pg. 40
Attachment3.5: Resolution 2014-04 for Payment of Debt Service (2433 : DDA Budget)
- 1 -
ORDINANCE NO. 139, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING THE ANNUAL APPROPRIATION ORDINANCE FOR THE FORT COLLINS
DOWNTOWN DEVELOPMENT AUTHORITY RELATING TO THE ANNUAL
APPROPRIATIONS FOR FISCAL YEAR 2015 AND FIXING THE MILL LEVY FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2015
WHEREAS, the Fort Collins Downtown Development Authority (the “DDA”) has been
duly organized in accordance with the Colorado Revised Statutes (C.R.S) 31-25-804, 1973 as
amended; and
WHEREAS, on October 9, 2014 DDA Board of Directors (the “DDA Board”), acting
under the provisions of Colorado Revised Statutes Section 31-25-816, 1973, as amended,
adopted a budget for the fiscal year beginning January 1, 2015 which included appropriation of
the 2015 Line of Credit draw, and determined the mill levy necessary to provide for payment
during fiscal year 2015 of properly authorized operational and maintenance expenditures to be
incurred by the DDA; and
WHEREAS, it is the desire of the Council to appropriate the sum of FOUR MILLION
NINE HUNDRED THIRTY FIVE THOUSAND FOUR HUNDRED EIGHTY DOLLARS
($4,935,480) in the DDA Operation and Maintenance Fund and the Debt Service Fund for the
fiscal year beginning January 1, 2015 and ending December 31, 2015, to be used as follows:
DDA Operations & Maintenance $ 744,084
2015 Revolving Line of Credit Draw 1,000,000
DDA Debt Service Fund 3,191,396
$ 4,935,480
WHEREAS, the DDA Board has recommended to the Council a mill levy of five (5)
mills upon each dollar of assessed valuation on all taxable property within the DDA District,
such levy representing the amount of taxes for DDA purposes necessary to provide for payment
during the ensuing fiscal year for all properly authorized operational and maintenance
expenditures to be incurred by the DDA; and
WHEREAS, Section 39-5-128(1), C.R.S., requires certification of any tax levy to the
Board of County Commissioners no later than December 15, 2014.
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 the Downtown
Development Authority Operations and Maintenance Fund the sum of SEVEN HUNDRED
FORTY FOUR THOUSAND, EIGHTY FOUR DOLLARS ($744,084), to be expended for the
authorized purposes of the DDA.
Packet Pg. 41
- 2 -
Section 2. That there is hereby appropriated for expenditure from the Downtown
Development Authority 2015 Line of Credit draw the sum of up to ONE MILLION DOLLARS
($1,000,000), to be used to finance DDA projects or programs in accordance with the DDA Plan
of Development including the 2015 Museum of Discovery payment and multi-year
reimbursement payments.
Section 3. That there is hereby appropriated for expenditure from the Downtown
Development Authority Debt Service Fund the sum of THREE MILLION, ONE HUNDRED
NINTY ONE THOUSAND, THREE HUNDRED AND NINETY SIX DOLLARS ($3,191,396),
for payment of debt service on previously issued and outstanding bonds, to pay the City’s
investment service charge, for payment on the 2015 Line of Credit draw, and to be used to cover
the DDA’s one-third share of payment on the Civic Center Parking Structure.
Section 4. That the 2015 mill levy rate for the taxation upon each dollar of the
assessed valuation of all taxable property within the DDA District as of December 31, 2014 shall
be five (5) mills, which levy represents the amount of taxes for the District purposes to provide
for payment during the aforementioned fiscal year of properly authorized expenditures to be
incurred by the DDA. Said mill levy shall be certified to the County Assessor and the Board of
County Commissioners of Larimer County, Colorado, by the City Clerk as provided by law.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 42
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Postponement of First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons Cultivating
Marijuana in Non-Residential Structures Indefinitely.
EXECUTIVE SUMMARY
Staff requests postponement of this item indefinitely to allow time to review suggestions brought forward by
caregivers and to ensure regulations are consistent with the Fire Code, Building Code, and the intent of the
regulations.
STAFF RECOMMENDATION
Staff recommends postponement of First Reading of this Ordinance indefinitely.
Packet Pg. 43
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Jin Wang, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Second Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the Colorado
Department of Transportation into the Capital Projects Fund - City Bridge Program Project for the West
Mulberry Street Bridge Replacement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates grant funds received
from the federally funded Colorado Off-System Bridge Program in the amount of $700,000. This funding is for
the replacement of the West Mulberry Street Bridge over the New Mercer Ditch, a structurally deficient bridge
owned by the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (PDF)
2. Ordinance No. 129, 2014 (PDF)
Packet Pg. 44
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 7, 2014
City Council
STAFF
Jin Wang, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Items Relating to the West Mulberry Street Bridge Replacement Project.
EXECUTIVE SUMMARY
A. Resolution 2014-083 Authorizing the Mayor to Enter into a Contract with the Colorado Department of
Transportation for the Construction of the West Mulberry Street Bridge Replacement.
B. First Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the Colorado
Department of Transportation into the Capital Projects Fund - City Bridge Program Project for the West
Mulberry Street Bridge Replacement.
The City has been awarded a grant from the federally funded Colorado Off-System Bridge Program in the
amount of $700,000. This funding contract between the City and Colorado Department of Transportation is for
the replacement of a structurally deficient bridge owned by the City. The bridge is the West Mulberry Street
Bridge over the New Mercer Ditch.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Bridges are an important element of the roadway network. An inadequate bridge can cause various capacity
and safety problems on roadways. A road will not be able to function if it is disconnected because of a bridge
that has failed. Based on federal bridge inspection standards, the West Mulberry Street Bridge is identified as
structurally deficient. This means that the bridge is progressing toward deterioration and does not have the
desired load carrying capacities.
FINANCIAL / ECONOMIC IMPACTS
Financial Impact
The City was awarded a grant from federally funded Colorado Off-System Bridge Program in the amount of
$700,000. The grant is for replacement of a qualifying bridge, West Mulberry Street Bridge near City Park. The
federal grant award has presented the opportunity to offset the cost of this bridge replacement, and free up the
offset funds for the design other high priority bridge projects.
The estimated total cost of West Mulberry Street Bridge Replacement Project is $1,200,000, which is to be
funded as follows:
Federal Funds $ 700,000
ATTACHMENT 1
Packet Pg. 45
Attachment5.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2494 : SR 129 W Mulberry Bridge)
Agenda Item 6
Item # 6 Page 2
Local Agency Matching Funds (City Bridge Program) $ 175,000
Local Agency Overmatch Funds (City Bridge Program) $ 325,000
Total Project Funds $ 1,200,000
Economic Impact
The bridge is classified as structurally deficient. It is failing and need to be replaced. If allowed to fail, an
emergency bridge replacement can cost up to 50% more than a planned bridge replacement. The proactive
completion of the bridge replacement will provide continued accessibility to businesses, parks and residences.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long term air quality. Vehicles that are currently restricted by the
bridge weight limit posted will be able to drive over the replacement bridge, instead of using a longer
alternative route, thus reducing greenhouse gas emission.
PUBLIC OUTREACH
The Project Team has met with property owners adjacent to the bridge. They are also working with utility
companies that have services over or under the existing bridge. Public outreach will be intensified prior to and
during construction of the replacement bridge.
ATTACHMENTS
1. Location map (PDF)
Packet Pg. 46
Attachment5.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2494 : SR 129 W Mulberry Bridge)
- 1 -
ORDINANCE NO. 129, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE CAPITAL
PROJECTS FUND FOR THE WEST MULBERRY STREET BRIDGE REPLACEMENT
PROJECT
WHEREAS, the City has been awarded a grant from the Colorado Department of
Transportation’s Off-System Bridge Program for $700,000 (the Grant); and
WHEREAS, the Grant is for the replacement of the West Mulberry Street Bridge near
City Park; and
WHEREAS, based on federal bridge inspection standards, the West Mulberry Street
Bridge has been identified as structurally deficient because it is progressing toward deterioration
and does not have the desired load carrying capacities; and
WHEREAS, the total estimated cost of the West Mulberry Street Bridge Replacement is
$1,200,000 which will be funded by the Grant ($700,000) and existing appropriations of
$500,000 in the Keep Fort Collins Great Fund - City Bridge Program which will meet the
required Local Match and Local Overmatch Funds; and
WHEREAS, the City Council has adopted Resolution 2014-083 authorizing the City to
enter into a contract with the Colorado Department of Transportation for the construction of the
West Mulberry Street Bridge Replacement; 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 have 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 SEVEN HUNDRED THOUSAND DOLLARS
($700,000) for expenditure in the Capital Projects Fund for the West Mulberry Bridge
Replacement Project.
Packet Pg. 47
Attachment5.2: Ordinance No. 129, 2014 (2494 : SR 129 W Mulberry Bridge)
- 2 -
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 48
Attachment5.2: Ordinance No. 129, 2014 (2494 : SR 129 W Mulberry Bridge)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Items Relating to the Clydesdale Park First and Second Annexations.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park First
Annexation.
B. Second Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park First Annexation.
C. Second Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park Second
Annexation.
D. Second Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning
Purposes the Property included in the Clydesdale Park Second Annexation.
These Ordinances, unanimously adopted on First Reading on October 7, 2014, annex and zone the existing
Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and
Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres.
Residents of the Clydesdale Park neighborhood have requested annexation. The requested zoning for these
annexations is the Low Density Mixed-Use Neighborhood District (L-M-N), which is in compliance with the City
of Fort Collins Structure Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
Refunding the Public Improvement District #50 (PID) balance to the Clydesdale Park property owners
Ordinance No. 131, 2014 and Ordinance No. 133, 2014, have been revised between first and second reading
to include direction to City staff to work with Larimer County staff to accomplish the fair and equitable refunding
to the property owners in the property of all funds presently held in the County’s Public Improvement District
No. 50.
City staff is working with County staff to provide the City with the option of refunding the PID balance to the
Clydesdale Park property owners. After discussions with County staff, the County does believe that the City
can provide refunds to the owners, once the City automatically becomes the governing body for the P.I.D.
upon completion of the annexation.
Once the annexation is final, County staff will then determine the final account balance for the PID and can
work with City staff to issue refunds to the 217 lot owners that are part of the PID. The current balance is
Packet Pg. 49
Agenda Item 6
Item # 6 Page 2
approximately $85,500.00, but may be adjusted based on final accrued interest and expenses. The refunds
could likely be distributed to the owners of record by a mailed refund, with a letter from the City explaining the
details of the refund. Some variations in the refund amounts should be expected, as the payments are
determined by the assessed value of each property and the mill levy for the PID. Once the PID balance is
expended, the City can work with the County to dissolve the PID.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (PDF)
Packet Pg. 50
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 7, 2014
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Items Relating to the Clydesdale Park First and Second Annexations.
EXECUTIVE SUMMARY
A. Resolution 2014-084 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park
First Annexation.
B. Hearing and First Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park
First Annexation.
C. First Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning Purposes
the Property included in the Clydesdale Park First Annexation.
D. Resolution 2014-085 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park
Second Annexation.
E. Hearing and First Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park
Second Annexation.
F. First Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning Purposes
the Property included in the Clydesdale Park Second Annexation.
The purpose of this item is to consider the annexation of the existing Clydesdale Park subdivision located east
of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park
includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park
neighborhood have requested annexation.
Residents are also requesting a 5 year “phase-in” of the storm water utility fee for Clydesdale Park upon
annexation. The stormwater fee phase-in request was brought to the Water Board on September 18, 2014 for
its consideration. Stormwater utility staff and the Water Board are recommending denial of the request for a
“phased-in” stormwater fee.
These annexation requests are in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of Resolutions and Ordinance on First Reading.
Staff recommends denial of the request for a “phased-in” stormwater fee. Should a “phased-in” approach be
proposed, staff recommends that the stormwater fee begin at an annual rate of $75 per lot and be increased to
the full fee over a three year period.
ATTACHMENT 1
Packet Pg. 51
Attachment6.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2495 : SR 131-134 Clydesdale Park 1st and 2nd
Agenda Item 7
Item # 7 Page 2
BACKGROUND / DISCUSSION
Annexation and Zoning
The Clydesdale Park development was approved by the Larimer County Board of Commissioners in 2001. In
accordance with Larimer County’s standard development approval procedures, an annexation agreement was
recorded with the original development approval. This Annexation Agreement is typically required during the
County development review process to facilitate annexations that may happen sometime in the future that
don’t have the requisite amount of contiguity to the city limits to meet state requirements. This is the case with
Clydesdale Park. When the Clydesdale Park subdivision was planned and approved, it could not be annexed
into the city because it did not share a common boundary with the city limits at the time. Now that a common
boundary does exist, the City may now initiate the annexation process through the Annexation Agreement.
The approval of the annexations will enable the neighborhood’s streets, including Carriage Parkway, to be
accepted into the City of Fort Collins' Street Maintenance Program. Clydesdale Park’s streets are currently
maintained by the residents of Clydesdale Park through their Public Improvement District (PID). The
establishment of the PID was necessary because Larimer County does not typically maintain roads that are
developed as part of a residential subdivision.
Carriage Parkway currently dead-ends at the southwest corner of the neighborhood and carries traffic
predominantly for Clydesdale Park’s residents. With the new Fox Grove residential development proposed to
the southwest, within the city limits, it now seems imminent that this parkway will be extended and serve as
access for additional residents who have no obligation to pay into the Clydesdale Park PID.
Residents have expressed concern that their continued maintenance responsibility for the existing portion of
Carriage Parkway is no longer reasonable if the parkway is extended and used by future development to the
south. Carriage Parkway is designated as a collector street on the City Master Street Plan, and will eventually
be extended south to East Prospect Road. All portions of the future Carriage Parkway extension are within the
city limits and will therefore be maintained by the City once constructed and accepted. Because all of
Clydesdale Park’s streets are currently in good condition, the City Streets and Engineering Departments are in
agreement that the streets can be accepted into the City of Fort Collins' Street Maintenance Program, should
the annexations be approved.
These annexations are located within the Growth Management Area (GMA). According to policies and
agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City
will agree to consider annexation of property in the GMA when the property is eligible for annexation,
according to state law.
In order to gain the 1/6 contiguity with a municipal boundary as required by state law, a series of two
annexations are needed to annex the Clydesdale Park neighborhood. The Clydesdale Park First Annexation
gains the required 1/6 contiguity to existing city limits from a common boundary with the City of Fort Collins
through the Fox Grove property to the west, which was annexed in 2005. The Clydesdale Park Second
Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the
Clydesdale Park First Annexation, thus satisfying the requirement that no less than one-sixth of the perimeter
boundaries be contiguous to the existing city boundary.
The requested zoning for these annexations is the Low Density Mixed-Use Neighborhood District
(L-M-N), which is in compliance with the City of Fort Collins Structure Plan.
Stormwater Fee Phase-in
The Clydesdale Park Homeowner’s Association (HOA) has requested annexation into the City of Fort Collins
(City). The HOA is requesting that the City’s stormwater service fees be phased-in over 5 years. Review of the
development plans and aerial photos confirm that the overall impervious surface area of Clydesdale Park falls
within the limits of residential development (“light” category) as outlined in City Code.
Packet Pg. 52
Attachment6.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2495 : SR 131-134 Clydesdale Park 1st and 2nd
Agenda Item 7
Item # 7 Page 3
Section 26-514 (b) of City Code provides for (but does not require) City Council consideration of a temporary
reduction in the stormwater utility fee if justified in order to mitigate the economic impacts to annexed
properties in light of relevant circumstances. This could be accomplished through a “phased-in” approach. Staff
does not generally support the concept of a “phased-in” stormwater service fee.
The only time this has been used was with the Southwest Area Annexation in 2006. All other annexations
(both voluntary and enclaves) have had full fees charged upon annexation. The Clydesdale Park subdivision is
one of several within the Fort Collins Growth Management Area (GMA) that have a pre-annexation agreement
in place (signed at the time of development) that allows annexation without the current residents’ approval. It
helps to have neighborhood support but the annexation is City-initiated and does not require resident approval.
In this case, the Clydesdale Park HOA is specifically requesting annexation.
The Clydesdale Park HOA states there will be approximately $80,000 in the PID fund balance that will be
transferred to the City of Fort Collins to use for maintenance of the road rights-of-way in the subdivision. The
HOA had requested the reduction in stormwater fees as a way to offset that loss of funding. Staff has informed
the Clydesdale Park HOA that Colorado State finance rules prohibit the comingling of taxes and utility service
fees.
The Clydesdale Park HOA currently pays approximately $75 annually per lot to Larimer County for stormwater
fees associated with the Boxelder Basin Regional Stormwater Authority (BBRSA). If a phased implementation
is approved, the stormwater service fee should start at approximately $75 or existing ratepayers would in effect
be subsidizing this development for a period of time not just for the portion of stormwater fees that go toward
maintaining the City-wide infrastructure but more specifically for the fees the City will be paying to the BBRSA.
Should the Council approve a phase in of the fees, it is staff’s recommendation that this be over a three year
period. Under current City rates, each lot in the subdivision would pay approximately $210-$240 annually
depending on actual lot size with 2014 stormwater rates.
FINANCIAL / ECONOMIC IMPACTS
Because the neighborhood's streets are in good condition, significant initial financial / economic impacts are
not anticipated. The annexations will allow this portion of the City Growth Management Area to be more
integrated into the City Master Street Plan. The provision of water and wastewater utility services will not
change. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power over a
period of several years.
Stormwater Fee Phase-in Impacts
There are 217 single-family residences. Based on an average of $225 per lot, annual stormwater service fees
collected by the City of Fort Collins through its stormwater utility will be approximately $48,825.
3 Year Phase-In (Starting at $75)
Loss of stormwater service fee revenue of approximately $61,845
5 Year Phase-In (Starting at $75)
Loss of stormwater service fee revenue of approximately $92,225
ENVIRONMENTAL IMPACTS
There are no significant environmental impacts anticipated with these annexations.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing on the annexation and zoning requests on
September 11, 2014 and voted 6-0 to recommend approval of the annexation and zoning. The minutes from
the September 11, 2014 Planning and Zoning Board Hearing are attached.
Packet Pg. 53
Attachment6.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2495 : SR 131-134 Clydesdale Park 1st and 2nd
Agenda Item 7
Item # 7 Page 4
The storm water utility fee phase-in request was brought to the Water Board on September 18, 2014 for their
consideration. The City Stormwater Utility does not generally support and finds no appropriate justification to
recommend a phased-in approach to the stormwater service fees. Staff’s recommendation is to deny the
request for a phased-in stormwater fee. Should a phased-in approach be proposed, staff recommends that the
stormwater fee begin at an annual rate of $75 per lot and be increased to the full fee over a three year period.
The Water Board made two motions:
First Motion:
The Water Board, having reviewed and discussed the Clydesdale Park HOA annexation request, support the
staff recommendation to deny the request for a “phased-in” stormwater fee unless the Stormwater Fund is
reimbursed.
Second Motion:
The Water Board recommends City Council consider other means to reimburse the homeowners of the
Clydesdale Park HOA for the balance of the PID funds accepted by the City during annexation.
Both motions passed unanimously.
PUBLIC OUTREACH
Planning staff has coordinated with the residents of Clydesdale Park over the past year to explain the
annexation process and answer questions about how annexation into the City will affect the neighborhood’s
taxes, fees, street maintenance and services. A letter from the Clydesdale Park Homeowner’s Association in
support of annexation is attached (Attachment 6). A letter of notification for the Planning and Zoning Board
public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the
September 11, 2014 hearing.
ATTACHMENTS
1. Clydesdale Park First Annexation Vicinity Map (PDF)
2. Clydesdale Park Second Annexation Vicinity Map (PDF)
3. Clydesdale Park Annexations Zoning Map (PDF)
4. Clydesdale Park Annexations Structure Plan Map (PDF)
5. City Master Street Plan (PDF)
6. Letter From Clydesdale Park HOA (PDF)
7. County Letter -- Clydesdale Park Annexations (PDF)
8. Timnath Letter -- Clydesdale Park Annexations (PDF)
9. P&Z Clydesdale Hearing Minutes - September 11, 2014 (PDF)
10. Water Board Meeting Minutes for Clydesdale stormwater fee phase-in (PDF)
Packet Pg. 54
Attachment6.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2495 : SR 131-134 Clydesdale Park 1st and 2nd
- 1 -
ORDINANCE NO. 131, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
CLYDESDALE PARK FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2014-067 finding substantial compliance and initiating
annexation proceedings for the Property (as described below), has heretofore been adopted by
the City Council; and
WHEREAS, the City Council hereby has determined that it is in the best interests of the
City to annex the Property to the City; and
WHEREAS, the Property is located within the County’s Public Improvement District No.
50 (the “PID”) which was established for the maintenance of streets in the Property and which
presently possesses approximately $85,000; and
WHEREAS, the City will, upon annexation, accept the streets in the Property for
maintenance; and
WHEREAS, the City Council has determined that the funds being held in the PID should,
following annexation, be refunded to the property owners in the Property in a fair and equitable
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby incorporates the findings of Resolution
2014-084 and further finds that it is in the best interests of the City to annex the Property to the
City.
Section 2. That the following described property (the “Property”), to wit:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
Packet Pg. 55
- 2 -
THENCE ALONG THE EAST AND NORTH BOUNDARY OF THE STATE
HIGHWAY 14 – EAST FRONTAGE ROAD ANNEXATION, THE FOLLOWING
TWO (2) COURSES:
1. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15, N00°07'27"E, A DISTANCE OF 612.47 FEET;
2. N89°40'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS
DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT
RECEPTION NO. 20070021108, N62°53'42"E, A DISTANCE OF 235.56 FEET;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE
AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE
FOLLOWING TWO (2) COURSES:
1. N62°53'02"E, A DISTANCE OF 516.51 FEET;
2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD
WHICH BEARS N46°02'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE
EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA
DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND
FILING;
THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND
EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX
(6) COURSES:
1. S58°06'23"E, A DISTANCE OF 440.40 FEET;
2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD
WHICH BEARS S28°55'02"E A DISTANCE OF 260.43 FEET;
3. S00°16'18"W, A DISTANCE OF 342.91 FEET;
4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD
WHICH BEARS S09°14'14"E A DISTANCE OF 70.37 FEET;
5. S18°44'45"E, A DISTANCE OF 26.75 FEET;
6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD
WHICH BEARS S03°45'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST
CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE S20°31'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 62;
THENCE S19°41'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH
CORNER OF SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 15, N89°43'41"W, A DISTANCE OF 1,320.70 FEET TO
THE POINT OF BEGINNING.
Packet Pg. 56
- 3 -
CONTAINING 1,182,485 SQUARE FEET (27.146 ACRES), MORE OR LESS
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Clydesdale Park First Annexation, which annexation shall become effective upon completion of
the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required
filings for recording with the Larimer County Clerk and Recorder.
Section 3. That, in annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service
lines, streets or any other services or utilities in connection with the Property hereby annexed
except as may be provided by ordinances of the City.
Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Section 5. That City staff is directed to work with the Larimer County staff to
accomplish the fair and equitable refunding to the property owners in the Property of all funds
presently held in the County’s Public Improvement District No. 50.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 57
- 1 -
ORDINANCE NO. 132, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE CLYDESDALE PARK FIRST ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes
the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property (as described below) and has determined that the Property should be
zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended
by including the property known as the Clydesdale Park First Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District,
which property (the “Property”) is more particularly described as:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE EAST AND NORTH BOUNDARY OF THE STATE
HIGHWAY 14 – EAST FRONTAGE ROAD ANNEXATION, THE FOLLOWING
TWO (2) COURSES:
1. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15, N00°07'27"E, A DISTANCE OF 612.47 FEET;
2. N89°40'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
Packet Pg. 58
Attachment1: Ordinance No. 132, 2014 (2508 : SR 131 Clydesdale Park First Annex - ORD)
- 2 -
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS
DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT
RECEPTION NO. 20070021108, N62°53'42"E, A DISTANCE OF 235.56 FEET;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE
AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE
FOLLOWING TWO (2) COURSES:
1. N62°53'02"E, A DISTANCE OF 516.51 FEET;
2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD
WHICH BEARS N46°02'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE
EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA
DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND
FILING;
THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND
EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX
(6) COURSES:
1. S58°06'23"E, A DISTANCE OF 440.40 FEET;
2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD
WHICH BEARS S28°55'02"E A DISTANCE OF 260.43 FEET;
3. S00°16'18"W, A DISTANCE OF 342.91 FEET;
4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD
WHICH BEARS S09°14'14"E A DISTANCE OF 70.37 FEET;
5. S18°44'45"E, A DISTANCE OF 26.75 FEET;
6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD
WHICH BEARS S03°45'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST
CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE S20°31'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 62;
THENCE S19°41'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH
CORNER OF SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 15, N89°43'41"W, A DISTANCE OF 1,320.70 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,182,485 SQUARE FEET (27.146 ACRES), MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the
Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the
Property is included in the Residential Neighborhood Sign District.
Packet Pg. 59
Attachment1: Ordinance No. 132, 2014 (2508 : SR 131 Clydesdale Park First Annex - ORD)
- 3 -
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 60
Attachment1: Ordinance No. 132, 2014 (2508 : SR 131 Clydesdale Park First Annex - ORD)
- 1 -
ORDINANCE NO. 133, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
CLYDESDALE PARK SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2014-068, finding substantial compliance and initiating
annexation proceedings for the Property (as described below), has heretofore been adopted by
the City Council; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the Property to the City; and
WHEREAS, the Property is located within the County’s Public Improvement District No.
50 (the “PID”) which was established for the maintenance of streets in the Property and which
presently possesses approximately $85,000; and
WHEREAS, the City will, upon annexation, accept the streets in the Property for
maintenance; and
WHEREAS, the City Council has determined that the funds being held in the PID should,
following annexation, be refunded to the property owners in the Property in a fair and equitable
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby incorporates the findings of Resolution
2014-085 and further finds that it is in the best interests of the City to annex the Property to the
City.
Section 2. That the following described property (the “Property”), to wit:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN
THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15,
AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
Packet Pg. 61
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THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF
SECTION 15, N00°07'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, N00°07'27"E, A DISTANCE
OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL
DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533
IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89°11'19"E, A
DISTANCE OF 83.00 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, N00°07'27"E, A DISTANCE
OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 14;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE
(5) COURSES:
1. N89°10'59"W, A DISTANCE OF 58.00 FEET;
2. N00°07'27"E, A DISTANCE OF 10.00 FEET;
3. N89°10'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER OF SECTION 15;
4. ALONG SAID WEST LINE, S00°07'27"W, A DISTANCE OF 10.00 FEET;
5. N89°10'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST
LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO
THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES:
1. N00°37'00"E, A DISTANCE OF 109.15 FEET;
2. N00°48'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89°10'59"E, A
DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION
OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST
LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00°08'19"W, A
DISTANCE OF 383.37 FEET;
THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND
FILING, S89°23'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST
LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15;
THENCE ALONG SAID EAST LINE, S00°08'19"W, A DISTANCE OF 2,312.90 FEET
TO THE EAST SIXTEENTH CORNER OF SECTION 15;
THENCE N19°41'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST
CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE N20°31'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST
CORNER OF SAID LOT 62;
THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY
LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION,
THE FOLLOWING SIX (6) COURSES:
Packet Pg. 62
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1. 11.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00",
AND A CHORD WHICH BEARS N03°45'15"E A DISTANCE OF 11.48 FEET;
2. N18°44'45"W, A DISTANCE OF 26.75 FEET;
3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD
WHICH BEARS N09°14'14"W A DISTANCE OF 70.37 FEET;
4. N00°16'18"E, A DISTANCE OF 342.91 FEET;
5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD
WHICH BEARS N28°55'02"W A DISTANCE OF 260.43 FEET;
6. N58°06'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE
FOLLOWING TWO (2) COURSES:
1. 337.75 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53",
AND A CHORD WHICH BEARS S46°02'12"W A DISTANCE OF 331.56 FEET;
2. S62°53'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,281,869 SQUARE FEET (52.385 ACRES), MORE OR LESS
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Clydesdale Park Second Annexation, which annexation shall become effective upon completion
of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all
required filings for recording with the Larimer County Clerk and Recorder.
Section 3. That, in annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service
lines, streets or any other services or utilities in connection with the Property hereby annexed
except as may be provided by ordinances of the City.
Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Section 5. That City staff is directed to work with the Larimer County staff to
accomplish the fair and equitable refunding to the property owners in the Property of all funds
presently held in the County’s Public Improvement District No. 50.
Packet Pg. 63
- 4 -
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 64
- 1 -
ORDINANCE NO. 134, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE CLYDESDALE PARK SECOND ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes
the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property (as described below) and has determined that the Property should be
zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended
by including the property known as the Clydesdale Park Second Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District,
which property (the “Property”) is more particularly described as:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN
THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15,
AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF
SECTION 15, N00°07'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, N00°07'27"E, A DISTANCE
OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL
Packet Pg. 65
Attachment1: Ordinance No. 134, 2014 (2509 : SR 133 Clydesdale Park Second Annex - ORD)
- 2 -
DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533
IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89°11'19"E, A
DISTANCE OF 83.00 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, N00°07'27"E, A DISTANCE
OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 14;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE
(5) COURSES:
1. N89°10'59"W, A DISTANCE OF 58.00 FEET;
2. N00°07'27"E, A DISTANCE OF 10.00 FEET;
3. N89°10'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER OF SECTION 15;
4. ALONG SAID WEST LINE, S00°07'27"W, A DISTANCE OF 10.00 FEET;
5. N89°10'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST
LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO
THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES:
1. N00°37'00"E, A DISTANCE OF 109.15 FEET;
2. N00°48'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89°10'59"E, A
DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION
OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST
LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00°08'19"W, A
DISTANCE OF 383.37 FEET;
THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND
FILING, S89°23'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST
LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15;
THENCE ALONG SAID EAST LINE, S00°08'19"W, A DISTANCE OF 2,312.90 FEET
TO THE EAST SIXTEENTH CORNER OF SECTION 15;
THENCE N19°41'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST
CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE N20°31'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST
CORNER OF SAID LOT 62;
THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY
LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION,
THE FOLLOWING SIX (6) COURSES:
1. 11.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00",
AND A CHORD WHICH BEARS N03°45'15"E A DISTANCE OF 11.48 FEET;
2. N18°44'45"W, A DISTANCE OF 26.75 FEET;
3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
Packet Pg. 66
Attachment1: Ordinance No. 134, 2014 (2509 : SR 133 Clydesdale Park Second Annex - ORD)
- 3 -
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD
WHICH BEARS N09°14'14"W A DISTANCE OF 70.37 FEET;
4. N00°16'18"E, A DISTANCE OF 342.91 FEET;
5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD
WHICH BEARS N28°55'02"W A DISTANCE OF 260.43 FEET;
6. N58°06'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE
FOLLOWING TWO (2) COURSES:
1. 337.75 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53",
AND A CHORD WHICH BEARS S46°02'12"W A DISTANCE OF 331.56 FEET;
2. S62°53'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,281,869 SQUARE FEET (52.385 ACRES), MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the
Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the
Property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 67
Attachment1: Ordinance No. 134, 2014 (2509 : SR 133 Clydesdale Park Second Annex - ORD)
- 4 -
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 68
Attachment1: Ordinance No. 134, 2014 (2509 : SR 133 Clydesdale Park Second Annex - ORD)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
John Voss, Controller/Assistant Financial Officer
Mike Beckstead, Chief Financial Officer
SUBJECT
Second Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the General Fund and
Authorizing the Transfer of Existing Appropriations From the General Fund to the Capital Projects Fund for the
Woodward Related Transmission Line Relocation Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates an additional
$254,000 for the Transmission Line Relocation portion of the Woodard Public Improvements Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (PDF)
2. Ordinance No. 135, 2014 (PDF)
Packet Pg. 69
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY October 7, 2014
City Council
STAFF
John Voss, Controller/Assistant Financial Officer
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the General Fund and
Authorizing the Transfer of Existing Appropriations From the General Fund to the Capital Projects Fund for the
Woodward Related Transmission Line Relocation Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate an additional $254,000 for the Transmission Line Relocation portion
of the Woodard Public Improvements Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Woodward Agreement defined 3 public improvement projects that were to be funded by DDA Tax
Increment Financing (TIF) at an estimated cost of $6.05M plus an additional $0.5M from Natural Areas
specifically to support the NA project. Individual project funding included:
Project ($ millions) Original Est Current Est
Transmission Line Relocation (TL) $1.30 $1.55
Right of Way Improvements (ROW) 1.75 1.75
Natural Areas Restoration (NA) 3.50 3.30
Total $6.55 $6.60
The natural area (NA) and right-of-way (ROW) improvements are estimated to come in at or under budget.
The transmission line (TL) work is complete and the cost is over budget by $254k. The cost overrun on the TL
was the result of additional costs associated with the footings/foundations of the towers of $332K.
Contingencies and savings in other areas of the project offset the additional funding needed to only $254K.
The original estimate on the TL was developed by Platte River Power Authority (PRPA); however, the
agreement specified that the City bears the risk of any additional costs. Section 4 of the Agreement with Platte
River Power Authority includes the following statement:
“Subject to the limitations set forth herein, Fort Collins is responsible for the reimbursement of
all reasonable costs incurred by Platte River to carry out the Work.”
Staff has worked to identify offsets in other areas of the Public Improvement projects. Early in the year, cost
savings anticipated in the NA and ROW would provide an offset to the Transmission Line additional cost;
however, the spring flood plus construction cost escalation eliminated the possible offsets. Prior to the flood in
May of 2014, the NA total cost was estimated at approximately $2.8M providing approximately $200k to offset
ATTACHMENT 1
Packet Pg. 70
Attachment7.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2496 : SR 135 Woodward appropriation)
Agenda Item 18
Item # 18 Page 2
the TL. Staff anticipated the remaining $54K would possibly be available after final bids for the ROW work had
been received. Final bids have been received and no savings are available.
Underspend anticipated in NA cannot be used to cover the cost overrun on the TL because the final $0.5M is
from NA dedicated revenue. Section 1.4 of the IGA between the City and DDA reads as follows:
“In the event that the total actual cost for the Transmission Line Relocation and/or the Right of
Way Improvements exceeds the estimated cost for such Improvement Projects as described
in Section I.I above, any such shortfall shall come from bond proceeds allocated to pay for the
cost of the Open Space Improvements, and the amount of bond proceeds funding available for
the Open Space Improvements will then be accordingly limited by the $6,050,000 cap on
funding of the Improvement Projects. However, to the extent that the amount of bond
proceeds to fund the Open Space Improvements is less than $3,000,000, the City has
agreed to provide the additional funding necessary to complete the Open Space
Improvements. The City will backfill any shortfall in the bond proceeds available for the Open
Space Improvements using funds that are not dedicated to natural areas.”
In the agreement with Woodward dated April 16, 2013 Section 4.1 states that Improvement Projects shall be
funded in the following order; (a) Relocation of Transmission Lines, (b) Right of Way Improvements and (c)
Open Space Improvements. In effect, the cost overruns in TL are resulting in a shortage of funds needed for
NA. In the agreement with DDA dated September 16, 2013 the City agreed to backfill any shortfall in the $3M
in bond proceeds if at least $3M were needed to complete the NA Project. Therefore, this appropriation is
simply anticipating and covering now the shortfall in funds that would likely occur for the NA funding as a result
of the actual costs for the TL relocation exceeding the original budget.
Because of these requirements, the bond proceeds of $6.05M need to be reallocated as follows:
Project ($ millions)
New Funding Allocations
Bonds
General
Fund
Natural
Areas Total
Transmission Line Relocation (TL) $1.55 $1.55
Right of Way Improvements (ROW) 1.75 1.75
Natural Areas Restoration 2.75 0.25 0.30 3.30
Total $6.05 $0.25 $0.30 $6.60
FINANCIAL / ECONOMIC IMPACTS
The appropriation increases the budget on the Transmission Line Relocation portion of the Woodward Public
Improvement project by $254,000 in the Capital Projects Fund. The funding source is unanticipated revenue in
the General Fund.
ATTACHMENTS
1. Powerpoint presentation (PDF)
Packet Pg. 71
Attachment7.1: First Reading Agenda Item Summary, October 7, 2014 (w/o attachments) (2496 : SR 135 Woodward appropriation)
- 1 -
ORDINANCE NO. 135, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND AND
AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE
GENERAL FUND TO THE CAPITAL PROJECTS FUND FOR THE WOODWARD
RELATED TRANSMISSION LINE RELOCATION PROJECT
WHEREAS, pursuant to Ordinance No. 055, 2013, the City, the Downtown Development
Authority (“DDA”), and Woodward Inc. (“Woodward”) entered into an agreement which
provides that Woodward will advance up to $6.05 million to the DDA to fund certain public
improvements, to be made on or near the former Link-N-Greens Golf Course in connection with
the redevelopment of that property (the “Woodward Site”) and the City will act as either the
project manager or construct the public improvements; and
WHEREAS, the public improvements include the following projects: (1) the relocation
and installation of a Platte River Power Authority transmission line ($1,297,080) that currently
crosses the Woodward Site, (2) right-of-way improvements ($1,750,000), and (3) open space
restoration ($3,500,000), for a total cost of $6,547,080; and
WHEREAS, Woodward has agreed to advance funds in the amount of $6,047,080 for
these public improvements in the priority order stated above, and the Natural Areas Fund is
providing an additional $500,000 for the open space restoration; and
WHEREAS, the relocation and installation of the power transmission line has been
completed and the actual cost is higher than the original estimate by $254,000; and
WHEREAS, the agreements for funding the public improvements related to Woodward
specify that the City bears the risk of any additional costs for them and that in the event of any
shortfall in funding for these projects, the shortfall is not to reduce the budgeted funding for the
open area restoration; and
WHEREAS, this appropriation is therefore for the purpose of anticipating and covering
now the shortfall in funding for the open space restoration that will likely occur as a result of the
actual costs for the transmission line relocation exceeding the original budget; and
WHEREAS, the General Fund has unanticipated sales and use tax revenue that is
available to fund the additional transmission line cost; 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
Packet Pg. 72
Attachment7.2: Ordinance No. 135, 2014 (2496 : SR 135 Woodward appropriation)
- 2 -
WHEREAS, City staff has determined that the appropriation of the revenue 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 the General Fund during any fiscal
year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the sum of TWO HUNDRED FIFTY-FOUR THOUSAND DOLLARS
($254,000) from unanticipated revenue in the General Fund is hereby appropriated for transfer to
the Capital Projects Fund - Woodward Public Improvements-Transmission Line Project and
appropriated therein.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 73
Attachment7.2: Ordinance No. 135, 2014 (2496 : SR 135 Woodward appropriation)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Mike Beckstead, Chief Financial Officer
Darin Atteberry, City Manager
SUBJECT
Items Relating to Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and
Authorizing the Transfer of Appropriated Amounts between Funds or Projects.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated Revenue
in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects.
B. First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits Fund for
Unanticipated Expenditure Increases.
C. First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the Transportation
Services Fund to be Used to Cover Snow Removal Expenses.
D. First Reading of Ordinance No. 143, 2014, Appropriating Prior Year Reserves in the Self-Insurance Fund
for Insurance Expenses.
The purpose of this item is for the Annual Year-End Adjustment. This year it is comprised of 4 separate
ordinances. Ordinance No. 140, 2014, is for the appropriation of non-controversial expenses related to
unanticipated revenue, grants, and unforeseen costs that had not previously been budgeted. Ordinance No.
141, 2014, appropriates funds from the Benefits Fund to cover unanticipated expenditures and employee
benefits. Ordinance No. 142, 2014, appropriates funds for snow removal for the remainder of 2014 as the
entire snow removal budget has been spent. Ordinance No. 143, 2014, appropriates prior year reserves for
property and liability claims that are expected to exceed budget.
BACKGROUND / DISCUSSION
Summary of Ordinances
A. First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between
Funds or Projects.
The annual Budget Adjustment Ordinance allows for the appropriation of expenses related to unanticipated
revenue, grants and unforeseen costs that had not previously been budgeted.
The purpose of this annual Budget Adjustment Ordinance is to combine dedicated and unanticipated revenues
or reserves that need to be appropriated before the end of the year to cover the related expenses that were not
anticipated and, therefore, not included in the 2014 budget appropriation. The unanticipated revenue is
primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset
specific expenses. Prior year reserves are primarily being appropriated for unanticipated operational
expenses.
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The table below is a summary of the expenses in each fund that make up the increase in requested
appropriations:
Funding
Unanticipated
Revenue Reserves
Increase to
City Approp.
General Fund $1,342,821 $446,826 $1,789,647
Capital Expansion Fund $60,000 $0 $60,000
Capital Projects Fund $481,297 $0 $481,297
Conservation Trust $190,000 $510,000 $700,000
Cultural Services & Facilities Fund $41,411 $1,019,793 $1,061,204
Golf Fund $98,000 $0 $98,000
KFCG Fund $0 $215,096 $215,096
Light & Power Fund $0 $100,000 $100,000
Natural Areas Fund $618,070 $0 $618,070
Recreation Fund $27,242 $0 $27,242
Sales & Use Tax Fund $0 $985,192 $985,192
Stormwater Fund $0 $106,125 $106,125
Timberline/Prospect SID #94 $60,048 $0 $60,048
Transit Services Fund $657,531 $0 $657,531
Transportation Fund $10,667 $0 $10,667
Wastewater Fund $0 $100,000 $100,000
Water Fund $0 $100,000 $100,000
Annual Year-End Adjustment Total $3,587,087 $3,583,032 $7,170,119
Note: This table summarizes the details of Ordinance No. 140, 2014. It does not
include the amounts from the other 3 ordinances in this combined AIS.
This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, and
authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to
provide, by ordinance, for payment of any expense from prior year reserves. The Charter also permits the
City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue
sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from
one fund to another upon recommendation of the City Manager, provided that the purpose for which the
transferred funds are to be expended remains unchanged; the purpose for which they 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.
The other three ordinances are for significant cost overruns greater than the original 2014 budget appropriation
as follows. These were reviewed with the Council Finance Committee on September 15, 2014:
B. First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits Fund
for Unanticipated Expenditure Increases.
C. First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the Transportation
Services Fund to be Used to Cover Snow Removal Expenses.
D. First Reading of Ordinance No. 143, 2014, Appropriating Prior Year Reserves in the Self-Insurance
Fund for Insurance Expenses.
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Funding
Unanticipated
Revenue Reserves
Increase to City
Appropriations
Benefits Fund $0 $1,850,000 $1,850,000
Self-Insurance Fund $0 $610,000 $610,000
Transportation Fund $0 $800,000 $800,000
Additional Year-End Adjustments Total $0 $3,260,000 $3,260,000
APPROPRIATION DETAILS
First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between
Funds or Projects.
A. GENERAL FUND
1. Fort Collins Police Services (FCPS) has received revenue from various sources which need to be
appropriated to cover the related expenditures. A listing of these items follows:
a. $28,800 - Chemical Test Fees & Driving w/o Insurance Penalty Assessments - Pursuant to C.R.S. 16-
11-501(2) (j), the costs of chemical tests (blood/breath tests) shall be reimbursed directly by the
defendant to the law enforcement agency which administered and paid for the test. The driving
without insurance law provides revenue to the law enforcement agency issuing the citation. It is
projected that by the end of 2014, $28,800 will have been collected by the courts and passed on to
Police Services under these provisions. The revenue is used to directly offset the actual cost of
blood/breath testing for DUI and DUID (driving under the influence of drugs). Charges from local
hospitals and the Colorado Bureau of Investigations laboratory total $27,000 thus far in 2014.
b. $38,870 - High Intensity Drug Trafficking Area Grant - In 2014, the Rocky Mountain High Intensity
Drug Trafficking Area increased the award of the 2013 FY grant by $38,870. The grant funds will be
used by the Northern Colorado Drug Task Force to upgrade outdated equipment. No City match is
required.
c. $12,709 - Internet Crimes Against Persons Grant - In 2012-2013, Police Services was the subrecipient
of grant funds from the Internet Crimes Against Persons Grant (ICAC). The grant paid for investigator
training and software to assist in ICAC investigations. This item is to appropriate grant revenue in the
amount of $12,709. No City match is required.
d. $20,000 - 2014 Northern Colorado Drug Task Force Reserve Request - Fort Collins Police Services is
the fiduciary agency for the Northern Colorado Drug Task Force. The multi-agency task force is a
collaborative effort staffed by Fort Collins and Loveland law enforcement personnel. The budget for
the task force was appropriated early in 2014. Since then, a computer server had to be replaced. This
item appropriates money from the Task Force reserve the money to cover the expense.
e. $2,600 - K-9 Donation - In 2014, a generous Fort Collins resident donated $2,600 to the Police K-9
program. City policy requires the donation be appropriated via this ordinance for transparency
purposes. The money was used for handler travel and training to pick up a new K-9 that was
purchased late in 2013.
f. $172,839 - Police Overtime and Straight Time Reimbursement - In 2014, Police Services received
reimbursement from various entities for overtime expenses. The different activities include: CSU
football traffic control, Tour De Fat, Brew Fest, New West Fest, regional auto theft case investigations,
Poudre School District school board meetings, MAX implementation, and noise ordinance violation
workshops. Additionally, in 2014 FCPS partnered with Larimer County to staff events at The Ranch.
Police receives reimbursement from Larimer County for officer hours worked at Ranch events.
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Additionally, Police Services implemented a new CAD system in conjunction with Larimer County
where a significant amount of overtime was incurred to install the system, troubleshoot problems and
train staff.
g. $52,529 - Poudre Valley Hospital Dispatch Contract Revenue - In the beginning of 2013, Fort Collins
Police Services renegotiated the contract for providing dispatching services for Poudre Valley Health
Systems. This resulted in more revenue than was originally projected for 2014. In addition, the
hospital reimbursed Police Services for a dispatch console that was replaced as part of the 800 MHz
project late in 2013.
h. $35,171 - Police Report Fees - Police reports purchased by the public and insurance agencies
generate revenue of approximately $7.50 a report. For 2014, it is estimated that $35,170 will be
collected. The revenue from this fee is used to subsidize the cost of copy machine rental expenses.
i. $90,997 - Vehicle Loss Reimbursement - In 2013, Police vehicles were damaged in motor vehicle
collisions. The cost recovered by insurance claims is used to offset the cost of repair and replace
totaled vehicles.
j. $3,290 - Miscellaneous Vendor Refunds - Police Services received $3,290 from miscellaneous
sources for the reimbursement of lost employee gate FOB's, cancelled training, and other vendor
refunds. The reimbursement of funds goes to offset the cost of the original items/services purchased
and subsequently returned/cancelled.
k. $3,250 - SWAT Training Fees - In 2014, the Fort Collins Police SWAT team hosted training for other
agencies and charged attendees a fee. Fort Collins Police Services is proudly the home of nationally
recognized trainers who are experts in their field. By hosting training, revenue is generated for the
SWAT program and FCPS SWAT members get to train without incurring travel expenses. The
registration revenue offsets the cost of the training materials for the class.
l. $90,424 - Sale of Retired 800 MHz Radio Equipment - In early 2013, Police Services replaced portable
and mobile radios. Police sold the old radios to Jefferson County for $78,600. Also in 2014, other City
departments purchased equipment for Transit Officers. This revenue will be used to offset the cost of
new computer and communications equipment.
m. $15,000 - Sale of Traffic Unit Motorcycles to Larimer County Sheriff's Office - The revenue received
from Larimer County needs to be returned to the Camera Radar fund since the original purchase came
from that account. New motorcycles were purchased in 2014 and this revenue will offset the cost of
the new units and equipment.
n. $6,988 - 2014 Seatbelt Grant - In 2014, Fort Collins Police received a grant from the Colorado
Department of Transportation for two waves of Seatbelt Grant Enforcement. The grant paid for
officers to work overtime to conduct enforcement activities.
o. $11,597 - DUI Enforcement Grant - In 2014, Fort Collins Police received $11,597 in grant funds from
the Colorado Department of Transportation to pay for overtime for DUI enforcement. No City match is
required.
FROM: Unanticipated Revenue (Miscellaneous Police) $463,220
FROM: Prior Year Reserves - No. Colorado Drug Task Force $20,000
FROM: Prior Year Reserves - Police CAD $31,680
FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $38,870
FROM: Unanticipated Revenue (Internet Crimes Against Persons Grant) $12,709
FROM: Unanticipated Revenue (DUI Enforcement Grant) $11,597
FROM: Unanticipated Revenue (Seatbelt Grant) $6,988
FOR: Police Services $514,900
FOR: High Intensity Drug Traffic Grant $38,870
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FOR: Internet Crimes Against Persons Grant $12,709
FOR: DUI Enforcement Grant $11,597
FOR: Seatbelt Grant $6,988
2. The Community Development & Neighborhood Services (CDNS) department has received revenue from
various sources which needs to be appropriated to cover the related expenditures. A listing of these items
follows:
a. $3,000 - National Alliance for Preservation Conference Grant - Request for an appropriation of $1,500
in Certified Local Government (CLG) funding and $1,500 of matching grant funds from existing City of
Fort Collins appropriations. The $1,500 City match was previously appropriated, but per the City
Charter the transfer of these funds to a grant project must be authorized by City Council. The grant
awarded authorized sending two Landmark Preservation Commission members to this national
conference in Philadelphia for training and education. A requirement of retaining CLG funding is
continual education for commission members.
b. $62,000 - CDNS Development Hourly and Overtime Reimbursement - This is a request for hourly and
overtime expenses that have been and are expected to be incurred throughout this year in an effort to
keep up with current Development Review and inspection service levels. The department covered as
much as possible through existing personal services budgets but anticipate needing an additional
$62,000 to fully cover additional expenses incurred. Development Review revenues that have come in
over projections (in excess of $1M as of August 31, 2014) are the suggested funding source.
c. $19,800 - Loomis Addition Grant - This request is for an appropriation of $9,900 in Certified Local
Government (CLG) funding and $9,900 of matching grant funds from existing City of Fort Collins
appropriations. The $9,900 City match was previously appropriated, but per the City Charter the
transfer of these funds to a grant project must be authorized by City Council. The grant authorized the
hiring of a professional consultant to develop a historic context for the Westside's Loomis Addition.
This context development is the prelude to a historic property survey.
d. $63,785 - Paramount Cottage III Grant - Request for an appropriation of $27,109 in Certified Local
Government (CLG) funding, $26,676 of matching grant funds from the owner and $10,000 of matching
grant funds from existing City of Fort Collins appropriations. The $10,000 City match was previously
appropriated, but per the City Charter the transfer of these funds to a grant project must be authorized
by City Council. The grant awarded authorized the final phase of rehabilitation of the Paramount
Cottage Camp located at 1544 West Oak Street.
e. $6,528 - Restorative Justice Accountability Incentive Block Grant - This is an appropriation request for
$6,528 in grant funding from the Colorado Division of Criminal Justice, Juvenile Accountability
Incentive Block Grant. No City match was required. The grant funds were awarded to Restorative
Justice Services (RJS) to purchase the equipment and supplies needed to establish the processes
and procedures for administering a new screening tool and making appropriate referrals for youth
referred to RJS from the DAs Office. The implementation of this screening tool is intended to assure
youth will receive the mental health and substance abuse help they need to deal with issues that likely
underlie their criminal behavior. It is our hope that this support will help youth stay out of the justice
system and lead productive lives.
FROM: Unanticipated Revenue (Miscellaneous CDNS) $88,676
FROM: Unanticipated Revenue (National Alliance Preservation Grant) $1,500
FROM: Unanticipated Revenue (Loomis Addition Grant) $9,900
FROM: Unanticipated Revenue (Paramount Cottage III Grant) $27,109
FROM: Unanticipated Revenue (Restorative Justice Grant) $6,528
FROM: Transfer from Existing Operating Budgets $21,400
FOR: CDNS Hourly and Overtime Reimbursement $62,000
FOR: National Alliance Grant $3,000
FOR: Loomis Addition Grant $19,800
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FOR: Paramount Cottage III Grant $63,785
FOR: Restorative Justice Accountability Incentive Block Grant $6,528
3. Operation Services is requesting to complete the Arthur ditch rehabilitation project at the Mulberry Pool
site. Previously, $500,000 was appropriated based on initial design and construction estimates.
However, after completion of the final design, it was determined that an additional $200,000 was
necessary to complete the project.
FROM: Unanticipated Revenue $200,000
FOR: Arthur Ditch Rehabilitation Project $200,000
4. Operations Services is requesting to appropriate $60,000 to perform minor building renovations including
an ADA restroom and some HVAC replacements at the Carnegie building (old museum) located at 220
Mathews.
FROM: Unanticipated Revenue $60,000
FOR: Carnegie Building Renovations $60,000
5. This request is to appropriate $100,000 to upgrade to LED lighting fixtures at the following facilities: Senior
Center Gym, Northside Atzlan Center Gym and Parking Lot, 215 Mason Parking Lot, and Gardens at
Spring Creek Parking Lot. Operation Services anticipates to complete all upgrades before the close of
2014.
FROM: Unanticipated Revenue $100,000
FOR: LED Light Fixture Upgrades $100,000
6. The Forestry Department request to appropriate unanticipated revenue from reimbursement claims for
damages to trees caused by accidents.
FROM: Unanticipated Revenue $3,514
FOR: Forestry Maintenance $3,514
7. The Parks department is requesting the appropriation of $25,000 that was donated by Blue Ocean
Enterprises / Richardson Foundation to the 4th of July celebration. This request appropriates these funds
for this specified purpose.
FROM: Unanticipated Revenue (Donations) $25,000
FOR: 4th of July Expenses $25,000
8. This is a request to appropriate $1,800 to help fund the acquisition of portable ramps in a joint effort with
the Downtown Development Authority (DDA). The City and DDA have been asked by a number of Fort
Collins residents to help find a solution to afford disabled access to businesses in the Old Town Historic
District. Although front door wheelchair access to many of the historic buildings within the District is not
required by federal law (Americans with Disabilities Act) or City land use code, there is a desire to make
the downtown businesses more accessible to people in wheelchairs. Business owners will voluntarily pay
$75 for a ramp, remote doorbell and accessibility sticker, the City and DDA will split the remaining costs
and delivery fee. Ramps will be portable and each business will be able to deploy a ramp when needed
and store it discreetly when not in use.
FROM: Unanticipated Revenue $1,800
FOR: Portable Downtown Ramps Acquisition $1,800
9. The Social Sustainability department requests the appropriation of $51,086 to cover expenses related to
Land Bank property maintenance needs for 2014. As expenses vary from year-to-year, funding is
requested annually mid-year to cover these costs. This Land Bank reserve request will cover the
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expenses for 2014 including general maintenance of properties, raw water and sewer expenses, and
property appraisals.
FROM: Prior Year Reserves (Land Bank Reserve) $51,086
FOR: Land Bank Expenses $51,086
10. The Fort Collins Convention Center and Visitor's Bureau (FCCVB) has been awarded an $87,764 grant
from the Colorado Welcome Center through the State of Colorado. These funds will be disbursed by the
State of Colorado and directed through the City of Fort Collins, pursuant to State of Colorado
requirements, then paid to the FCCVB. The grant period will run from July 1, 2014 through June 30, 2015.
FROM: Unanticipated Revenue (Grants) $87,764
FOR: Fort Collins Convention and Visitors Bureau $87,764
11. Economic Development requests the appropriation of $344,060 to cover payment of rebates made in
2014. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebates
were paid out in March 2014 for the 2012 rebate program. The rebate program was established to
encourage investment in new manufacturing equipment by local manufacturing firms. Vendors have until
December 31st of the following year to file for the rebate. This item appropriates the use tax funds to cover
the payment of the rebates.
FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $344,060
FOR: Manufacturing Use Tax Rebates $344,060
12. Environmental Services sells radon test kits at cost as part of its program to reduce lung cancer risk from
in-home radon exposure. This appropriation would recover kit sales revenue for the purpose of restocking
radon test kits.
FROM: Unanticipated Revenue $4,146
FOR: Radon Test Kits $4,146
13. The Gardens requests appropriations of unanticipated revenues resulting from increased programs and
popularity of the Gardens. Appropriations are needed for the additional cost of expanded programs and
needed improvements at the gardens.
FROM: Unanticipated Revenue $40,500
FOR: Gardens on Spring Creek Programs and Operations $40,500
B. CAPITAL EXPANSION FUND
1. This item appropriates administrative fee revenue earned in the Capital Expansion Fund for transfer to the
General Fund. The 2014 Budget appropriated $39,000 in administrative fees and through August over
$65,000 has actually been received. Development review revenues are currently higher than 2013 year-
end actual revenues when the actual 2013 administrative fee revenue was over $80,000. Staff is
requesting the appropriation of an additional $60,000 of unanticipated revenue to enable the full amount of
administrative fees received in 2014 to be transferred to the General Fund.
FROM: Unanticipated Revenue (Administrative Fees) $60,000
FOR: Transfer to the General Fund $60,000
C. CAPITAL PROJECTS FUND
1. As part of the Harmony Road and Shields Street Intersection Improvements Project, funds were received
from the Fort Collins Loveland Water District for necessary waterline improvements. This project has been
completed and the contributed funds are needed to cover the remaining expenses.
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FROM: Unanticipated Revenue (Contributions in Aid) $63,590
FOR: Harmony & Shields Intersection Improv. Project $63,590
2. As part of the Linden Street Streetscape Improvements Project, funds have been received from the
developer as a repay agreement for construction of local street improvements adjacent to their
development. The address of the developers contributing to the project is 350 Linden and the amount
contributed is $21,654. This project has been completed and the contributed funds are needed to cover
the remaining expenses.
.
FROM: Unanticipated Revenue $21,654
FOR: Linden Street Improvements Project $21,654
3. As part of the Willow Street River District Improvements Project, funds have been received from
developers as payment to construct the local street improvements adjacent to their development project.
The addresses or names of the developers contributing to the projects are 405 Linden ($9,833), Feeder
Supply ($96,928), Wolverine Farm Letterpress & Public House ($13,310), and Willow Street Lofts ($2,689).
FROM: Unanticipated Revenue (Developer Contribution) $122,760
FOR: Willow Street River District Enhancements Project $122,760
4. Ridgeview Classical School has paid the City of Ft. Collins for the future installation of sidewalk along
Welch Street in front of the school. The project is currently planned for late summer or early fall of 2015
pending any unforeseen circumstances. This item appropriates the revenue to fund the project.
FROM: Unanticipated Revenue (Developer Charges) $3,375
FOR: BOB-Pedestrian Plan & ADA Improvements Project $3,375
5. Savings from operating budgets were identified at the end of 2013 in the Transportation Services Fund
and deposited in the Capital Projects Fund. These savings are requested for appropriation to partially
cover charges identified by the FTA as ineligible for reimbursement by the Federal grant for the MAX
project. It is expected that at the close of the project, City matching funds will be available to provide for
any expenses deemed ineligible. This appropriation ensures there are additional funds available if
needed. If they are not needed, they will be returned to the Transportation Services Fund.
FROM: Unanticipated Revenue (Transfer from Transportation) $110,846
FOR: MAX Ineligible Project Expenses $110,846
6. City residents approved a 0.25 cent tax to be used to finance projects identified in the Building Community
Choices - Natural Areas and Park Improvement Capital Improvement Plan that went into effect on January
1, 1998, and expired on December 31, 2005. Per Ordinance No. 29, 1997 “Any excess revenues
generated by the tax shall be used for natural areas and trails.” All projects in the plan have been
completed and this item transfers the remaining interest earnings from the Capital Projects Fund to the
Natural Areas Fund.
FROM: Unanticipated Revenue (Interest) $125,474
FOR: Transfer to Natural Areas Fund $125,474
7. This item appropriates unanticipated revenue received for park construction projects. The City received
unanticipated revenue from Larimer County Park Development Fees related to 2013 development that
were received in 2014. This revenue will be applied towards the construction of the Southeast Community
Park.
FROM: Unanticipated Revenue (Development Fees) $33,598
FOR: Southeast Community Park Project $33,598
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D. CONSERVATION TRUST FUND
1. Due to increases in constructions costs in northern Colorado over the last two years, two trail projects are
over initial budget estimates. The Trilby Underpass was estimated to cost $900,000, but actual costs are
$1,300,000 (increase of $400,000). The Poudre Trail at Lemay and Mulberry Project was originally
estimated to be $900,000, but is now estimated to be $1,200,000 (increase of $300,000). The
Conservation Trust Fund has approximately $1,000,000 in reserves. This item requests appropriating
$510,000 of reserves and $190,000 of unanticipated revenue for these projects and to cover these
additional construction costs. .
FROM: Unanticipated Revenue (Lottery Proceeds) $190,000
FROM: Prior Year Reserves $510,000
FOR: Trail Acquisition and Development (Trilby Underpass, Poudre Trail) $700,000
2. This item transfers unused appropriations in the Conservation Trust Open Space Acquisitions Project,
Fossil Creek Trail Project and Tri-City Trail Project to the Trail Acquisition /Development Project. The
Open Space Acquisitions Project will be closed at year end. Transferred funds in the Trail Acquisition and
Development Project will be used to cover unanticipated design and construction expenses for the Poudre
Trail Project.
FROM: Open Space Acquisitions Project unused appropriation $57,461
FROM: Fossil Creek Trail Project unused appropriation $90,000
FROM: Tri-City Trails Project unused appropriation $380,000
FOR: Trail Acquisition and Development Project $527,461
E. CULTURAL SERVICES AND FACILITIES FUND
1. This item appropriates $31,411 for two Art in Public Places (APP) projects: the Transformer Cabinet
Project in the Light & Power Fund ($3,982) and the Pianos About Town Project in the Cultural Services
Fund ($27,429). Funding has been received from the Bohemian Companies - $38,492, Downtown
Development Authority - $8,000, and Downtown Business Association - $2,900. This revenue was also for
the administration of the projects ($17,981), but additional administration appropriations are not needed in
2014.
FROM: Unanticipated Revenue (Contributions - Cultural Services
& Facilities Fund) $27,429
FROM: Unanticipated Revenue (Contributions-Light & Power Fund) $ 3,982
FOR: Art in Public Places Project (Cultural Services & Facilities Fund) $27,429
FOR: Art in Public Places Project (Light & Power Fund) $ 3,982
2. The Downtown Fort Collins Creative District was accepted as a Candidate District into the Colorado
Creative Districts Program. Creative districts are accepted into this program as "candidates" and work
toward certification for two years. This incubator-style program offers Candidate Creative Districts benefits
in the form of direct funding and professional assistance, training, and networking with peers. Candidate
districts can apply for certification at the end of two years. Each candidate district is awarded a $5,000
grant from both the Colorado Creative Industries and the Boettcher Foundation. This item appropriates the
$10,000 in grant revenue for the District expenses.
FROM: Unanticipated Revenue (Grants) $10,000
FOR: Downtown Creative District $10,000
3. The Museum Fund was created in 2013 to segregate the City’s revenue and expenditures for the Fort
Collins Museum of Discovery which opened in November 2012. Final Museum revenue, expenditures,
and reserve balances were determined at the end of 2013. This appropriates the Museum reserves from:
Donations ($46,079), BOB Operations ($559,346), and Unassigned ($414,368), for a total of $1,019,793
for transfer from the Cultural Services and Facilities Fund to the Museum Fund.
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FROM: Prior Year Reserves (Cultural Services & Facilities Fund) $1,019,793
FOR: Transfer to the Museum Fund $1,019,793
F. GOLF FUND
1. This item is to appropriate unanticipated revenue in the Golf Fund from restructured golf concessionaire
contracts. Through the restructuring, additional revenue came into the City, but a portion of that revenue
needs to be paid to the Golf Pro concessionaires.
FROM: Unanticipated Revenue (Golf Fees) $98,000
FOR: Golf Expenses $98,000
G. KEEP FORT COLLINS GREAT FUND
1. Following approval of the Amended and Restated Intergovernmental Agreement and Revenue Allocation
Formula on July 15, 2014, it was decided that PFA would participate in the City's Annual Year-End
Adjustment Ordinance at the end of each year to appropriate the remaining KFCG balance from the end of
the prior year. Therefore, Poudre Fire Authority requests the balance in the City's KFCG reserve fund
dedicated to fire protection and other emergency services. These funds are requested to purchase fire
apparatus in 2015.
FROM: Prior Year Reserves - Fire Reserve $215,096
FOR: Poudre Fire Authority Operations $215,096
H. LIGHT AND POWER FUND
1. The 2013 appropriation which funded the Computerized Maintenance Management System (CMMS) was
based on a preliminary implementation scope and assumed that the mapping interface would be handled
after the initial implementation. As the work on CMMS has proceeded, the system requirements grew and
it became clear that the mapping interface should be an integral part of the initial implementation. These
changes have resulted in a more comprehensive CMMS implementation, however, they have impacted the
projected project cost. In order to realize all of the benefits associated with the full implementation of
CMMS along with the GIS interface an additional appropriation is being requested for 2014. It is expected
that the additional $400,000 appropriation, consisting of $100,000 from each of the four utility Enterprise
Funds, will complete the implementation in the Water Field Operations area and the GIS connections, and
result in a projected savings of at least $200,000 from less consulting for the on-going asset management
program with the Utilities Customer Service and Administration Fund in 2014.
FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
I. NATURAL AREAS FUND
1. The sales and use tax revenue received in 2013 was higher than projected and the existing appropriations
were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund
for the one quarter cent Natural Areas tax. (See Sales & Use Tax Fund Item #1) This item appropriates
additional funds in the amount of $492,596 transferred from the Sales and Use Tax Fund to the Natural
Areas Fund for Land Conservation expenses.
FROM: Unanticipated Revenue (Transfer In) $492,596
FOR: Natural Areas Expenses $492,596
2. City residents approved a 0.25 cent tax to be used to finance projects identified in the Building Community
Choices - Natural Areas and Park Improvement Capital Improvement Plan that went into effect on January
1, 1998, and expired on December 31, 2005. (See Capital Project Fund item #6) This item appropriates
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the transfer from the Capital Projects Fund into the Natural Areas Fund for trail expenses.
FROM: Unanticipated Revenue (Transfer In) $125,474
FOR: Natural Areas Trails Expense $125,474
J. RECREATION FUND
1. Adult Fitness and Child Development programs at the North Aztlan Center have seen a significant
participation increase in 2014. An increase in demand for the number of programs offered results in
increased cost, off-set by revenue generated by registrations and drop-in fees.
FROM Unanticipated Revenue $27,242
FOR: Recreation Programs $27,242
K. SALES AND USE TAX FUND
1. The sales and use tax revenue received in 2013 was higher than projected and the existing appropriations
were not adequate to make the full transfer from the Sales and Use Tax Fund to the Capital Projects Fund
for the one quarter cent Building on Basics tax, and to the Natural Areas Fund for the one quarter cent
Natural Areas tax. Adjustments to the General Fund, the Keep Fort Collins Great Fund and the
Transportation Services Fund are not needed because the tax revenues are recorded directly into those
funds. This item appropriates additional funds in the amount of $985,192 from prior year reserves to
increase the transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the Building on
Basics tax by $492,596, and to increase the transfer to the Natural Areas Fund for the Natural Areas tax by
$492,596.
FROM: Prior Year Reserves (Sales & Use Tax Fund) $985,192
FOR: Transfer to Capital Projects - Building on Basics $492,596
FOR: Transfer to Natural Areas Fund $492,596
L. STORMWATER FUND
1. This item appropriates 1% of the West Vine Channel Outfall project in the amount of $6,125 for Art in
Public Places. The total capital project was appropriated in November, 2013 Ordinance No. 156 but did
not include the Art in Public Places appropriation. Of the $6,125, 78% remains in the Stormwater Fund for
the artwork ($4,778) and 22% is transferred to the Cultural Services and Facilities Fund for operations
($1,225) and for maintenance ($122). This is funded from the Stormwater Fund Reserves.
FROM: Prior Year Reserves $6,125
FOR: Art in Public Places Project - Stormwater Fund $4,778
FOR: APP Project - Transfer to Cultural Services & Facilities Fund $1,347
2. The 2013 appropriation which funded the Computerized Maintenance Management System (CMMS) was
based on a preliminary implementation scope and assumed that the mapping interface would be handled
after the initial implementation. As the work on CMMS has proceeded, the system requirements grew and
it became clear that the mapping interface should be an integral part of the initial implementation. These
changes have resulted in a more comprehensive CMMS implementation, however, they have impacted the
projected project cost. In order to realize all of the benefits associated with the full implementation of
CMMS along with the GIS interface an additional appropriation is being requested for 2014. It is expected
that the additional $400,000 appropriation, consisting of $100,000 from each of the four utility Enterprise
Funds, will complete the implementation in the Water Field Operations area and the GIS connections, and
result in a projected savings of at least $200,000 from less consulting for the on-going asset management
program with the Utilities Customer Service and Administration Fund in 2014.
FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
Packet Pg. 84
Agenda Item 8
Item # 8 Page 12
M. TIMBERLINE/PROSPECT SID #94 FUND
1. The SID was established in 2007 and payments are being made over 10 years. The City bills annually and
forwards payments to a developer who fronted initial capital for the improvements. In 2014 revenues
exceeded projects due to early payoffs made by property owners thus an appropriation is needed to
forward payment to the developer
FROM: Unanticipated Revenue $60,048
FOR: Timberline/Prospect SID #94 Expenses $60,048
N. TRANSIT SERVICES FUND
1. The City of Fort Collins has entered into agreements with each of its three Transportation Management
Area (TMA) partners (Loveland, Berthoud, & the NFRMPO) to transfer local funds to the partners in
exchange for the partner's allocation of federal formula funding. These agreements are specific to Federal
Fiscal Year (FFY) 2013 FTA Section 5307 and Section 5339 formula grants. This request for additional
appropriations to match the sum of the agreed-upon local funds exchange is fully funded with additional
federal funding.
FROM: Unanticipated Revenue (Grants) $657,531
FOR: Pass-Thru Funding to Transportation Management Area $657,531
O. TRANSPORTATION SERVICES FUND
1. FC Moves was awarded a $10,667 grant from The Denver Foundation (Kaiser Permanente) for the Fort
Collins Walk and Wheel Demonstration Project. This funding will be used to design and implement a
temporary protected bike lane demonstration project in 2015. Project site selection and planning will occur
in late 2014. Funding will also be used for project evaluation to help inform future bikeway design across
the City. This item appropriates the funds that have been received by the City.
FROM: Unanticipated Revenue (Contribution) $10,667
FOR: FC Moves Program $10,667
P. WASTEWATER FUND
1. The 2013 appropriation which funded the Computerized Maintenance Management System (CMMS) was
based on a preliminary implementation scope and assumed that the mapping interface would be handled
after the initial implementation. As the work on CMMS has proceeded, the system requirements grew and
it became clear that the mapping interface should be an integral part of the initial implementation. These
changes have resulted in a more comprehensive CMMS implementation, however, they have impacted the
projected project cost. In order to realize all of the benefits associated with the full implementation of
CMMS along with the GIS interface an additional appropriation is being requested for 2014. It is expected
that the additional $400,000 appropriation, consisting of $100,000 from each of the four utility Enterprise
Funds, will complete the implementation in the Water Field Operations area and the GIS connections, and
result in a projected savings of at least $200,000 from less consulting for the on-going asset management
program with the Utilities Customer Service and Administration Fund in 2014.
FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
Q. WATER FUND
1. The 2013 appropriation which funded the Computerized Maintenance Management System (CMMS) was
based on a preliminary implementation scope and assumed that the mapping interface would be handled
after the initial implementation. As the work on CMMS has proceeded, the system requirements grew and
Packet Pg. 85
Agenda Item 8
Item # 8 Page 13
it became clear that the mapping interface should be an integral part of the initial implementation. These
changes have resulted in a more comprehensive CMMS implementation, however, they have impacted the
projected project cost. In order to realize all of the benefits associated with the full implementation of
CMMS along with the GIS interface an additional appropriation is being requested for 2014. It is expected
that the additional $400,000 appropriation, consisting of $100,000 from each of the four utility Enterprise
Funds, will complete the implementation in the Water Field Operations area and the GIS connections, and
result in a projected savings of at least $200,000 from less consulting for the on-going asset management
program with the Utilities Customer Service and Administration Fund in 2014.
FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits Fund
for Unanticipated Expenditure Increases.
Medical claims grew approximately 6% a year from 2009 through 2012. In 2013, claims increased 9% over
2012. In looking at the first eight months of 2014, the growth in medical claims is trending toward another
increase of 9% or more, compared to 2013. Claims expenditures are anticipated to exceed budgeted
appropriations by $1.3M Additional appropriations are also needed to cover unanticipated increases in other
employee benefits, including Long-Term Disability, Life Insurance premiums, FPPA premiums and increased
participation by employees in Flex Spending accounts (medical & daycare).
An additional appropriation of approximately $1,850K is requested from reserves in the Benefits Fund. The
Benefits Fund ended 2013 with a balance of $10.5M, above the targeted minimum balance of $6M. Similar to
the Transportation Fund, if the additional appropriations requested are not expended, it will accrue to the
Benefits Fund reserves.
FROM: Prior Years Reserves $1,850,000
FOR: Benefit Fund Expenses $1,850,000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the Transportation
Services Fund to be Used to Cover Snow Removal Expenses.
The budget for snow removal is based on the historical average annual cost of snow removal which is $1.5M.
A contributing factor to the shortfall in 2014 is the 2013 calendar year snow and ice season. Deicing product
was purchased in 2013 for the 2013-2014 snow season. The supply was depleted due to the severity and
number of storms in winter 2013. The first quarter of 2014 was an above average snow season and many of
the storms were multi-day and/or weekend events which added to the total cost of snow removal. The entire
snow removal budget of $1.3M for 2014 has been spent.
As is anticipated in heavy snow years, additional funding is being requested within the Annual Year-End
Adjustment Ordinance using existing Transportation Fund reserves. The Transportation Fund ended 2013
with a balance of $15M of which $5.1M is available for additional costs such as this. If there are remaining
funds, they will return to the Transportation Fund reserves.
FROM: Prior Years Reserves $800,000
FOR: Snow removal in the Transportation Fund $800,000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
First Reading of Ordinance No. 143, 2014, Appropriating Prior Year Reserves in the Self-Insurance
Fund for Insurance Expenses.
Packet Pg. 86
Agenda Item 8
Item # 8 Page 14
Workers Compensation claims and Property Liability claims are budgeted based on the average claims over
the past several years. As the attached charts illustrate, claims vary significantly from year to year.
Property and Liability payments year to date of $322K compare to a full year budget of $450K. Because of
several events during the year, Staff anticipates total payments will be approximately $596K and exceed
budget by $274K. Property & Liability claims are expected to exceed budget driven by:
$195K loss on two large dump trucks that were totaled in 2014
$150K from oil & gas litigation costs that were not included in the budget
$70K loss from two police vehicles that were totaled in 2014
Workers Compensation payments year to date are essentially at the full year budget of $750K. The average
annual payment over the past 5 years is $733k. Forecasting claims payments is difficult, as illustrated by
$447K of the year to date payments are for claims from prior years and the historical volatility in annual
payments. Staff anticipates total payments for workers compensation will be approximately $1,122K and
exceed budget by $336K.
The Self Insurance Fund ended 2013 with a $3.6M fund balance of which $2.8M is surplus. Additional funding
of approximately $610K will be requested from the Self Insurance Fund and if not expended will be returned at
year end.
FROM: Prior Years Reserves $610,000
FOR: Workers Compensation $336,000
FOR: Property and Liability $274,000
FINANCIAL / ECONOMIC IMPACTS
Ordinance No. 140, 2014, increases total City 2014 appropriations by $7,017,119. Of that amount, this
Ordinance increases General Fund 2014 appropriations by $1,636,647 including the use of $446,826 in prior
year reserves. Funding for the total City appropriations is $2,705,171 from additional revenue, $3,583,032
from prior year reserves, and $728,916 transferred from other funds.
In addition, $21,400 is being transferred from an operating budget to a grant project and another $527,461 is
being transferred from one project to another project. These transfers, however, do not increase overall City
appropriations.
Ordinance No. 141, 2014, increases Benefits Fund 2014 appropriations by $1,850,000. That amount is
coming solely from Benefit Fund reserves.
Ordinance No. 142, 2014, increases Transportation Fund 2014 appropriations by $800,000. That amount is
coming solely from Transportation Fund reserves.
Ordinance No. 143, 2014, increases Self Insurance Fund 2014 appropriations by $610,000. That amount is
coming solely from Self Insurance Fund reserves.
The table below is a summary of the items requesting prior year reserves.
Item # Fund Use Amount
Citywide (Ordinance No. 140, 2014)
A.1.d. General 2014 Northern Colorado Drug Task Force Reserve
Request
20,000
A.1.f. General Overtime & Straight Time Reimbursement
31,680
Packet Pg. 87
Agenda Item 8
Item # 8 Page 15
A.9. General Land Bank Property Maintenance
51,086
A.11. General Manufacturing Equipment Use Tax Rebate $344,060
D.1. Conservation
Trust
Appropriation of Reserves and Unanticipated
Conservation Trust Revenue for Trail Construction
510,000
E.3. Cultural Services Transfer of Museum Reserves to Museum Fund
1,019,793
G.1. KFCG - Fire Poudre Fire Authority
215,096
H.1. Light and Power CMMS Maintenance Management
100,000
K.1. Sales & Use Tax Transfer to BOB & Natural Areas
985,192
L.1. Stormwater West Vine Channel Outfall project APP
6,125
L.2. Stormwater CMMS Maintenance Management
100,000
P.1. Wastewater CMMS Maintenance Management
100,000
Q.1. Water CMMS Maintenance Management
100,000
Benefits Ordinance (Ordinance No. 141, 2014)
Benefits Unanticipated Benefit Expenditure Increases $1,850,000
Transportation (Ordinance No. 142, 2014)
Transportation Snow Removal 800,000
Self Insurance (Ordinance No. 143, 2014)
Self Insurance Workers Compensation and Property Liability Claims 610,000
Total Use of Prior Year Reserves: $6,843,032
* The table above includes all Ordinances for this Agenda Item Summary
If these transfers and appropriations are not approved, the City will have to reduce budgetary expenditures
even though adequate revenue and reimbursements are actually available to cover those expenditures.
ATTACHMENTS
1. Graphs depicting Workers Compensation and Property & Liability Claim Payments (PDF)
Packet Pg. 88
Property & Liability Claim Payments
Workers Compensation Claim Payments
ATTACHMENT 1
Packet Pg. 89
Attachment8.1: Graphs depicting Workers Compensation and Property & Liability Claim Payments (2490 : Annual Budget Adjustment)
- 1 -
ORDINANCE NO. 140, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS
AND AUTHORIZING THE TRANSFER OF APPROPRIATED
AMOUNTS BETWEEN FUNDS OR PROJECTS
WHEREAS, the City has prior year reserves, excess revenue, and unanticipated revenue
available to appropriate; and
WHEREAS, in accordance with Article V, Section 8(b) of the City Charter, any expense
or liability entered into by an agent of the City, on behalf of the City, shall not be made unless an
appropriation therefor shall have been made by the City Council; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to
make supplemental appropriations by ordinance at any time during the fiscal year, provided that
the total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered amount or portion thereof from one
fund or capital project to another fund or capital project, provided the purpose for which the
transferred funds are to be expended remains unchanged; and
WHEREAS, the City wishes to provide for the expenditures listed below and the City
Manager recommends that these expenditures be made.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following funds are hereby authorized for transfer and appropriated for
expenditure for the purposes stated below:
A. GENERAL FUND
1. APP. FROM: Unanticipated Revenue (Miscellaneous Police) $463,220
APP. FROM: Prior Year Reserves - No. Colorado Drug Task Force $20,000
APP. FROM: Prior Year Reserves - Police CAD $31,680
APP. FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $38,870
APP. FROM: Unanticipated Revenue (Internet Crimes Against Persons Grant) $12,709
Packet Pg. 90
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APP. FROM: Unanticipated Revenue (DUI Enforcement Grant) $11,597
APP. FROM: Unanticipated Revenue (Seatbelt Grant) $6,988
FOR: Police Services $514,900
FOR: High Intensity Drug Traffic Grant $38,870
FOR: Internet Crimes Against Persons Grant $12,709
FOR: DUI Enforcement Grant $11,597
FOR: Seatbelt Grant $6,988
2. APP. FROM: Unanticipated Revenue (Miscellaneous CDNS) $88,676
APP. FROM: Unanticipated Revenue (National Alliance Preservation Grant) $1,500
APP. FROM: Unanticipated Revenue (Loomis Addition Grant) $9,900
APP. FROM: Unanticipated Revenue (Paramount Cottage III Grant) $27,109
APP. FROM: Unanticipated Revenue (Restorative Justice Grant) $6,528
FROM: Transfer from Existing Operating Budgets $21,400
FOR: CDNS Hourly and Overtime Reimbursement $62,000
FOR: National Alliance Grant $3,000
FOR: Loomis Addition Grant $19,800
FOR: Paramount Cottage III Grant $63,785
FOR: Restorative Justice Accountability Incentive Block Grant $6,528
3. APP. FROM: Unanticipated Revenue $200,000
FOR: Arthur Ditch Rehabilitation Project $200,000
4. APP. FROM: Unanticipated Revenue $60,000
FOR: Carnegie Building Renovations $60,000
5. APP. FROM: Unanticipated Revenue $100,000
FOR: LED Light Fixture Upgrades $100,000
6. APP. FROM: Unanticipated Revenue $3,514
FOR: Forestry Maintenance $3,514
7. APP. FROM: Unanticipated Revenue (Donations) $25,000
FOR: 4th of July Expenses $25,000
8. APP. FROM: Unanticipated Revenue $1,800
FOR: Portable Downtown Ramps Acquisition $1,800
9. APP. FROM: Prior Year Reserves (Land Bank Reserve) $51,086
FOR: Land Bank Expenses $51,086
10. APP. FROM: Unanticipated Revenue (Grants) $87,764
FOR: Fort Collins Convention and Visitors Bureau $87,764
11. APP. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $344,060
FOR: Manufacturing Use Tax Rebates $344,060
Packet Pg. 91
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12. APP. FROM: Unanticipated Revenue $4,146
FOR: Radon Test Kits $4,146
13. APP. FROM: Unanticipated Revenue $40,500
FOR: Gardens on Spring Creek Programs and Operations $40,500
B. CAPITAL EXPANSION FUND
1. FROM: Unanticipated Revenue (Administrative Fees) $60,000
FOR: Transfer to the General Fund $60,000
C. CAPITAL PROJECTS FUND
1. APP. FROM: Unanticipated Revenue (Contributions in Aid) $63,590
FOR: Harmony & Shields Intersection Improvements Project $63,590
2. APP. FROM: Unanticipated Revenue $21,654
FOR: Linden Street Improvements Project $21,654
3. APP. FROM: Unanticipated Revenue (Developer Contribution) $122,760
FOR: Willow Street River District Enhancements Project $122,760
4. APP. FROM: Unanticipated Revenue (Developer Charges) $3,375
FOR: BOB-Pedestrian Plan & ADA Improvements Project $3,375
5. APP. FROM: Unanticipated Revenue (Transfers from Transportation) $110,846
FOR: MAX Ineligible Project Expenses $110,846
6. APP. FROM: Unanticipated Revenue (Interest) $125,474
FOR: Transfer to Natural Areas Fund $125,474
7. APP. FROM: Unanticipated Revenue (Development Fees) $33,598
FOR: Southeast Community Park Project $33,598
D. CONSERVATION TRUST FUND
1. APP. FROM: Unanticipated Revenue (Lottery Proceeds) $190,000
APP. FROM: Prior Year Reserves $510,000
FOR: Trail Acquisition and Development (Trilby Underpass, Poudre Trail) $700,000
2. FROM: Open Space Acquisitions Project unused appropriation $57,461
FROM: Fossil Creek Trail Project unused appropriation $90,000
Packet Pg. 92
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FROM: Tri-City Trails Project unused appropriation $380,000
FOR: Trail Acquisition and Development Project $527,461
E. CULTURAL SERVICES AND FACILITIES FUND
1. APP. FROM: Unanticipated Revenue (Contributions-Cultural Services &
Facilities Fund) $27,429
APP. FROM: Unanticipated Revenue (Contributions-Light & Power Fund) $3,982
FOR: Art in Public Places (Cultural Services & Facilities Fund) $27,429
FOR: Art in Public Places (Light & Power Fund) $3,982
2. APP. FROM: Unanticipated Revenue (Grants) $10,000
FOR: Downtown Creative District $10,000
3. APP. FROM: Prior Year Reserves (Cultural Services & Facilities Fund) $1,019,793
FOR: Transfer to the Museum Fund $1,019,793
F. GOLF FUND
1. APP. FROM: Unanticipated Revenue (Golf Fees) $98,000
FOR: Golf Expenses $98,000
G. KFCG
1. APP. FROM: Prior Year Reserves (Fire Services) $215,096
FOR: Poudre Fire Authority $215,096
H. LIGHT AND POWER FUND
1. APP. FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
I. NATURAL AREAS FUND
1. APP. FROM: Unanticipated Revenue (Transfer In) $492,596
FOR: Natural Areas Expenses $492,596
2. APP. FROM: Unanticipated Revenue (Transfer In) $125,474
FOR: Natural Areas Trails Expense $125,474
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J. RECREATION FUND
1. APP. FROM: Unanticipated Revenue (Recreation Fees) $27,242
FOR: Recreation Programs $27,242
K. SALES AND USE TAX FUND
1. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $985,192
FOR: Transfer to Capital Projects - Building on Basics $492,596
FOR: Transfer to Natural Areas Fund $492,596
L. STORMWATER FUND
1. APP. FROM: Prior Year Reserves $6,125
FOR: Art in Public Places Project - Stormwater Fund $4,778
FOR: APP Project - Transfer to Cultural Services & Facilities Fund $1,347
2. APP. FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
M. TIMBERLINE/PROSPECT SID #94 FUND
1. APP. FROM: Unanticipated Revenue $60,048
FOR: Timberline/Prospect SID #94 Expenses $60,048
N. TRANSIT SERVICES FUND
1. APP. FROM: Unanticipated Revenue (Grants $657,531
FOR: Pass-Thru Funding to Transportation Management Area $657,531
O. TRANSPORTATION SERVICES FUND
1. APP. FROM: Unanticipated Revenue (Contribution) $10,667
FOR: FC Moves Program $10,667
P. WASTEWATER FUND
1. APP. FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
Packet Pg. 94
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Q. WATER FUND
1. APP. FROM: Prior Year Reserves $100,000
FOR: CMMS Maintenance Management $100,000
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 95
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ORDINANCE NO. 141, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE BENEFITS FUND FOR
UNANTICIPATED EXPENDITURE INCREASES
WHEREAS, the City of Fort Collins, through the Benefits Fund, provides employees
with a full flexible benefit package including choices in insurance plans for health, life, vision,
dental, long-term disability, and accidental death and dismemberment insurance; health care and
dependent care reimbursement accounts; employee assistance program; and other employee
benefits; and
WHEREAS, the City is self-insured for employee health care benefits, collecting revenues
associated with providing medical, dental, and employee-paid vision benefits to employees and
budgets for the payment of all medical insurance claims, including administration costs for claims
processing; and
WHEREAS, the City’s Benefits Fund is sufficiently funded to cover claims and
administration costs, and adequate reserves are maintained for use in the event that fund
expenditures exceed the revenues received in the fund; and
WHEREAS, staff projects the need for additional appropriations, totaling $1.85 million, to
cover unanticipated expenditure increases for employee benefits, including medical claims, flex
spending reimbursements, long-term disability, life insurance premiums and Fire & Police
Pension Association (“FPPA”) contributions; and
WHEREAS, an appropriation of $1,850,000 from prior year reserves within the Benefits
Fund will still leave a reserve balance above the targeted minimum balance of $6 million; 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
Benefits Fund the sum of ONE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS
($1,850,000) for unanticipated Benefits Fund expenditures.
Packet Pg. 96
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 97
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ORDINANCE NO. 142, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION SERVICES
FUND TO BE USED TO COVER SNOW REMOVAL EXPENSES
WHEREAS, the Transportation Services Fund budgets for snow removal expenses based
on the historical average annual cost; and
WHEREAS, due to the number and severity of winter storms in 2013 and the above
average snow season in the first quarter of 2014, the entire 2014 snow removal budget has been
spent; and
WHEREAS, funds in the amount of $800,000 are requested from Transportation Services
Fund prior year reserves for snow removal costs for the remainder of 2014 and any unspent
appropriations at the end of the year will be returned to reserves; and
WHEREAS, the Transportation Services Fund has $15 million in reserves at year-end
2013 and $5.1 million of the total is available for additional costs such as snow removal; 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
Transportation Services Fund the sum of EIGHT HUNDRED THOUSAND DOLLARS
($800,000) for snow removal expenditures.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 98
- 2 -
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 99
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ORDINANCE NO. 143, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE SELF INSURANCE FUND
FOR INSURANCE EXPENSES
WHEREAS, property, liability and workers compensation claims are budgeted based on
average claims over the past several years; and
WHEREAS, City staff anticipates total property and liability payments for 2014 to be
approximately $596,000, which is $274,000 over and above the 2014 budget for these payments;
and
WHEREAS, staff also anticipates total payments for workers compensation for 2014 to
be $1.12M, which is approximately $336,000 over and above the 2014 budget for these
payments; and
WHEREAS, the request of $610,000 from prior years reserves in the Self Insurance Fund
will fund the unforeseen expenditures from both the workers compensation and property and
liability claims; 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 SIX HUNDRED TEN THOUSAND DOLLARS ($610,000) to fund
property, liability, and workers compensation payments for 2014.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 100
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Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 101
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Carrie Daggett, Interim City Attorney
SUBJECT
Items Relating to Ethics Review Board Code Changes
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 144, 2014, Amending Section 2-569 of the City Code Pertaining to
Procedures of the Ethics Review Board.
B. First Reading of Ordinance No. 145, 2014, Amending Section 2-568(a) of the City Code Pertaining to
Definitions Applicable to Ethical Rules of Conduct.
The purpose of the first ordinance is to adopt revisions to the City Code to simplify and expedite the process of
initiating Ethics Review Board review of ethics complaints and to update provisions related to alternative
composition of the Board in the event members of the Board are themselves the subject of a complaint. The
second ordinance is intended to incorporate into the City Code the definitions related to conflicts of interest that
are specified in the City Charter, and to add new definitions to assist in the interpretation and application of the
conflicts of interest provisions in the City Charter and City Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Introduction
The Ethics Review Board (the “Board”) met on June 11, 2014, to discuss possible amendments to City Code
Sections 2-568 and 2-569. It met again on September 19, 2014, and voted to recommend to Council the
amendments to Section 2-568 and 2-569 as set out in the proposed ordinances.
Code Section 2-568 establishes certain “ethical rules of conduct” that apply to the City’s councilmembers,
board and commission members, and employees. Subparagraph (a) of Section 2-568 defines several of the
words and terms used in both Sections 2-568 and 2-569.
Code Section 2-569 creates the Board and defines its duties and procedures in providing advisory opinions
concerning conflicts of interest and other ethical matters that pertain to councilmembers and board and
commission members that arise under the City’s Charter and Code and under state law. The Board does not
hear complaints related to employees.
Proposed Amendments
A. First Reading of Ordinance No. 144, 2014, Amending Section 2-569 of the City Code Pertaining to
Procedures of the Ethics Review Board.
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Agenda Item 9
Item # 9 Page 2
The amendments proposed for Section 2-569 relate primarily to changing the Board’s procedures for
considering an ethics complaint and how that process would be initiated:
The proposed process would eliminate the currently required review of each complaint by the City
Council prior to consideration by the Board. Instead, the City Clerk would notify the chairperson of the
Board, the persons (Councilmembers or board and commission members) named in the complaint,
and the City Council of the complaint.
Then the Board would meet (after notice of at least three days to the complainant and subjects of the
complaint, and after required public notice of the meeting) within ten days to determine whether to
formally investigate the complaint, based on whether the allegations, if true, would constitute an ethics
violation, the reliability and sufficiency of the supporting facts, and any other relevant facts or
circumstances.
If the Board determines that an investigation is not warranted, written notice of the determination and
the Board’s reasoning for it would be provided to the complainant, the subjects of the complaint, and
the City Council.
If the Board determines that a formal investigation is warranted, the Board would proceed to review
and investigate the complaint as in the past.
Ordinance No. 144 also adds a clear statement of the Board’s power to compel by subpoena the attendance
and testimony of witnesses and production of documents. It also provides for the appointment of an alternate
Board in the event that members of the Board are the subject of an ethics complaint.
B. First Reading of Ordinance No. 145, 2014, Amending Section 2-568(a) of the City Code Pertaining to
Definitions Applicable to Ethical Rules of Conduct.
The amendments proposed for Section 2-568 add several new definitions to subparagraph (a) of the section.
These new definitions will help clarify and facilitate the enforcement of the conflicts-of-interest provisions in
Section 9 of Article IV of the City Charter. More specifically, they are intended to reduce the difficulty the
Board and Council have experienced in the past in understanding and applying the term “personal interest” as
it is used in Section 9(b)(3) of Charter Article IV. It is therefore also being proposed that Code Section 2-568
be amended to expressly provide that the new and existing definitions in Section 2-568(a) be applied to the
conflicts-of-interest provisions in Section 9 of Charter Article IV.
Personal Interest
Section 9(b)(3) of Charter Article IV makes it a misdemeanor offense for any councilmember, board or
commission member, or City employee to vote on, attempt to influence, or otherwise participate in any manner
as a City official in any decision of any City body or office of which he or she is member or to which he or she
makes recommendations if he or she, or a “relative”, has a “personal interest” in that decision. If convicted
under Section 9(b)(3), the maximum penalties are a $2,650 fine or 180 days imprisonment, or both such fine
and imprisonment. In addition, the convicted City official is deprived of his or her office or employment and is
ineligible for any City office or employment for two years after conviction.
“Personal interest” is defined in Section 9(a) of Charter Article IV to mean “any interest . . . by reason of which
an officer or employee, or a relative of such officer or employee, would, in the judgment of a reasonably
prudent person, realize or experience some direct and substantial benefit or detriment different in kind
from that experienced by the general public.” The words and terms in this definition in bold that have
created the difficulty in understanding and applying Section 9(b)(3). Consequently, it is for these words and
terms that definitions have been proposed for adoption in Section 2-568(a).
It should also be noted that two of the new definitions are terms used in the second of the three exceptions to a
“personal interest” as set out in Section 9(a). This second exception excludes from the definition of “personal
interest” the interest a City official, or his or her relative, “has in the receipt of public services when such
services are generally provided by the City on the same terms and conditions to all similarly situated citizens.”
Approach To Drafting Definitions
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Agenda Item 9
Item # 9 Page 3
The approach that has been followed in drafting the proposed definitions has been to give the defined words
and terms the meaning that the Colorado courts are likely to give them. Since the newly defined words and
terms from the “personal interest” definition that are being proposed are words and terms used, but not
defined, in the City Charter, the meaning given to them are hopefully consistent with how the Colorado courts
would interpret and apply them. In other words, the proposed amendments define these words and terms in
the “personal interest” definition in a way consistent with how the courts would likely define or use them.
Recommended Definitions
Based on the foregoing, the Board and the City Attorney’s Office are recommending the following new
definitions be added to Code Section 2-568(a). (Because “public services” and “similarly situated citizens,” are
the key terms used in the second exception to the “personal interest” definition, definitions for these terms
have also been recommended.)
• Benefit shall mean an advantage or gain.
• Different in kind from that experienced by the general public shall mean of a different type or nature
not shared by the public generally and that is not merely different in degree from that experienced by the public
generally.
• Direct shall mean resulting immediately and proximately from the circumstances and not from an
intervening cause.
• Detriment shall mean disadvantage, injury, damage or loss.
• Public services shall mean city services provided to or made available for the public’s benefit.
• Similarly situated citizens shall mean citizens in like circumstances having comparable legal rights and
obligations.
• Substantial shall mean more than nominal in value, degree, amount or extent.
ATTACHMENTS
1. Ethics Review Board minutes, June 11, 2014 (PDF)
2. Ethics Review Board minutes, September 9, 2014 (PDF)
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ATTACHMENT 1
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Attachment9.1: Ethics Review Board minutes, June 11, 2014 (2484 : Ethics Review Board Code Changes)
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Attachment9.1: Ethics Review Board minutes, June 11, 2014 (2484 : Ethics Review Board Code Changes)
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Attachment9.1: Ethics Review Board minutes, June 11, 2014 (2484 : Ethics Review Board Code Changes)
ATTACHMENT 2
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Attachment9.2: Ethics Review Board minutes, September 9, 2014 (2484 : Ethics Review Board Code Changes)
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Attachment9.2: Ethics Review Board minutes, September 9, 2014 (2484 : Ethics Review Board Code Changes)
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Attachment9.2: Ethics Review Board minutes, September 9, 2014 (2484 : Ethics Review Board Code Changes)
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Attachment9.2: Ethics Review Board minutes, September 9, 2014 (2484 : Ethics Review Board Code Changes)
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ORDINANCE NO. 144, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-569 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO PROCEDURES OF THE ETHICS REVIEW BOARD
WHEREAS, Section 2-569 of the Code of the City of Fort Collins establishes the Ethics
Review Board (the “Review Board”) and establishes the procedures under which the Review
Board operates, including the process for considering and making advisory recommendations to
the City Council regarding ethics complaints; and
WHEREAS, the Review Board has met and discussed the process for initiating and
considering complaints pursuant to Section 2-569, and has developed recommendations for
modifying the process for initiating complaints to expedite and simplify the initial review to
determine whether a Review Board investigation of the complaint is warranted, along with other
process improvements; and
WHEREAS, the Review Board discussed specific revisions to Section 2-569 at meetings
on June 11, 2014, and September 19, 2014, and on both occasions recommended that the Council
adopt the proposed amendments to the City Code, as set forth herein; and
WHEREAS, the City Council therefore finds and intends that these amendments be
adopted to further the purposes of Section 9 and to facilitate the enforcement of its provisions
and the provisions of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-569 of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 2-569. Board of ethics.
(a) In order to assist the Councilmembers and board and commission members in
interpreting and applying the definitions, rules and procedures pertaining to ethics
established by the Charter and Code and by the applicable provisions of state statute,
there is hereby created a Board of the City to be known as the Ethics Review Board,
hereafter referred to in this Division as the "Review Board."
(b) The Review Board shall consist of three (3) Councilmembers elected by the City
Council, one (1) of whom shall be elected by the Review Board to serve as a chairperson.
One (1) alternate shall also be appointed elected by the City Council to serve in the event
that a regular member of the Review Board is unavailable or in the event that any
particular complaint or inquiry is directed towards a member of the Review Board.
(c) Subject to the provisions of Subsection (d) below, the duties and responsibilities
of the Review Board shall be as follows:
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(1) To review and investigate complaints of unethical conduct filed against
Councilmembers or board and commission members by any person;
(2) To review and investigate actual or hypothetical situations involving
potential conflicts of interest presented by individual Councilmembers or board
and commission members;
(3) After review and investigation, to render advisory opinions or
interpretations pertaining to such complaints or inquiries under the relevant
provisions of the Charter and Code and the applicable provisions of state law, if
any, and to make written recommendations to the City Council and any affected
board or commission concerning the same; and
(4) To propose any revisions to the provisions of the Charter or Code or other
regulations, rules or policies of the City pertaining to ethical conduct as the
Review Board may deem necessary and appropriate in the best interests of the
City.
(d) Complaints and inquiries shall be submitted to the Review Board only according
to the following procedures:
(1) Complaints.
a. Any person who believes that a Councilmember or board and
commission member has violated any provision of state law or the Charter
or Code pertaining to ethical conduct may file a complaint with the City
Clerk, Mayor, who shall immediately notify the chairperson of the Review
Board, the Councilmembers or board and commission members named in
the complaint and the City Council. The complaint shall be promptly
scheduled for consideration by the Review Board. placed on the agenda
for the next special or regular City Council meeting for review and
possible action by the City Council. No more than ten (10) working days
after the date of filing of the complaint, the Review Board shall meet and
consider the complaint. All Councilmembers or board and commission
members named in the complaint, as well as the complainant, shall be
given written notice of such meeting at least three (3) working days prior
to the meeting. A notice of the complaint, including the identity of the
complainant shall be posted along with the meeting notice.
b. Upon receipt of any such complaint, the Review Board shall, after
consultation with the City Attorney, City Council shall decide by majority
vote whether to submit the complaint to the Review Board for an advisory
opinion as to formally investigate whether the violation alleged in the
complaint. In making such determination, the Review Board shall
consider the following: (1) whether the allegations in the complaint, if
true, would constitute a violation of state or local ethical rules; (2) the
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reliability and sufficiency of any facts asserted in support of the
allegations; and (3) any other facts or circumstances that the Review
Board may consider relevant. If the Review Board determines that the
complaint does not warrant investigation, the Review Board shall send
written notice to the complainant of its determination and the reasoning
behind that determination, and shall provide a copy of such notice,
together with a copy of the complaint, to all Councilmembers or board or
commission members named in the complaint, as well as the City Council.
has occurred and, if so, the action, if any, that should be taken with regard
to such violation. In the event that such complaint is not submitted to the
Review Board, the City Council may decide what, if any, other action
pertaining to the same is appropriate.
c. In the event that a complaint is filed with the City Clerk Mayor
under the provisions of this Subsection which alleges a violation on the
part of two (2) or more members of the Review Board (including the
alternate), four (4) or more Councilmembers, such complaint shall not be
referred to the regular Review Board City Council for review but shall
instead be submitted to an alternate Review Board consisting . Said Board
shall consist of all any remaining Councilmembers who are not named in
the complaint; provided, however, that if five (5) or more
Councilmembers are named in the complaint, and the alternate Review
Board shall also include as many members of City boards and
commissions as are necessary to constitute a seven-member board. Said
bBoard and commission members shall be selected at random by the City
Clerk within ten (10) working days of the date upon which the complaint
is filed with the City Clerk Mayor. Any board and commission members
selected by the City Clerk who elect not to serve on the alternate Review
Board shall immediately so notify the City Clerk, who shall thereafter
select as many additional board and commission members as are necessary
to constitute the seven-member alternate Review Board. The procedures
utilized by the alternate Review Board for reviewing and investigating the
complaint and rendering an advisory opinion and recommendation shall be
as provided in Subsections (b) and (e) of this Section below, except that:
(i) the opinion and recommendation of such Board shall be final and shall
not be submitted to the City Council for review or adoption by the City
Council unless at least three (3) Councilmembers remain available,
without a conflict of interest, and are able to consider and take action on
the opinion and recommendation; and (ii) the City Council and City staff
shall, upon request by the alternate Review Board, make available to such
Board all information in the possession of the city that is relevant to the
bBoard's investigation, including, without limitation, tape recordings of
any relevant executive sessions, unless the release of said information is
prohibited by state or federal law; and, in reviewing and discussing such
information, the Board shall abide by any local, state or federal
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confidentiality requirements that might limit or prohibit the release of such
information to third parties.
(2) City Council inquiries. Any Councilmember may present directly to the
Review Board any inquiry or complaint regarding the application of ethical rules
of conduct under state statute or the Charter or Code to any actual or hypothetical
situation of a Councilmember or board and commission member.
(e) In performing its review and investigation of any complaint or inquiry submitted
in accordance with Subsection (d) hereof, the Review Board shall afford all
affected Councilmembers or board and commission members an opportunity to
present their interpretations of the facts at issue and of the applicable provisions
of law before rendering its opinion and recommendation. The Review Board may
also request such additional materials or information from City staff or members
of the public which it considers reasonably necessary or helpful to its
deliberations. In addition, in the case of a complaint, the Review Board shall have
the power to compel by subpoena the attendance and testimony of witnesses and
the production of such documents as the Review Board may consider necessary to
its investigation. After investigation, the Review Board shall forthwith issue an
advisory opinion and recommendation to the City Council, which shall
immediately thereafter be filed with the City Clerk and be available for public
inspection. Said opinion and recommendation shall be placed on the agenda for
the next special or submitted to city Council at a regular City Council meeting, at
which time the City Council shall determine whether to adopt the same. Any
Councilmember having a personal or financial interest in whose conduct or
circumstance is the subject of the opinion shall refrain from participating in any
deliberations of the City Council regarding the same opinion.
(f) The City Attorney shall provide legal advice to the Review Board and shall
prepare and execute all advisory opinions and recommendations of the review
board.
(g) Compliance with the applicable provisions of the Charter and Code and the
provisions of state law, as well as decisions regarding the existence or
nonexistence of conflicts of interest and the appropriate actions to be taken in
relation thereto, shall be the responsibility of each individual Councilmember or
board and commission member, except as provided in Subparagraph 2-
568(c)(1)(g). An opinion adopted by the City Council under Subsection (e) of this
Section shall constitute an affirmative defense to any civil or criminal action or
any other sanction against a Councilmember or board or commission member
acting in reliance thereon.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 145, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-568(a) OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO DEFINITIONS APPLICABLE TO ETHICAL RULES OF CONDUCT
WHEREAS, Section 2-568(a) of the City Code currently defines a number of words and
terms as they are used in the ethical rules of conduct set out in Section 2-568(c) and as they are
used in City Code Section 2-569, which establishes the Ethics Review Board (the “Review
Board”) and sets out the procedures under which the Review Board operates; and
WHEREAS, after reviewing the definitions contained in Section 2-568 of the City Code,
the Review Board believes that several new definitions should be added to this Section to clarify
the meaning of “personal interest” as this term is used in Section 9(a) of Article IV of the City
Charter and in Section 2-569; and
WHEREAS, the City Council therefore finds and intends that these new definitions be
applied to and used in Section 9 of Article IV of the City Charter to further the purposes of
Section 9 and to facilitate the enforcement of its provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-568(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-568. Ethical rules of conduct.
(a) Definitions. The following words, terms and phrases, when used in this Section,
Section 2-569 and in Section 9 of the Charter Article IV, shall have the following
meanings:
(1) Benefit shall mean an advantage or gain.
(12) Board and commission member shall mean a member of any appointive
board or commission of the City.
(23) Confidential information or information received in confidence shall
mean:
a. Information contained in any writing that may properly be
withheld from public inspection under the provisions of the Colorado
Open Records Act and that is marked "confidential" when provided to the
officer or employee;
b. All information exchanged or discussed in any executive session
properly convened under § 2-31 or 2-71 of the Code, except to the extent
that such information is also contained in a public record available to the
general public under the provisions of the Colorado Open Records Act; or
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c. All communications between attorneys representing the City and
officers or employees of the City that are subject to the attorney-client
privilege, whether oral or written, unless the privilege has been waived.
(34) Councilmember shall mean a member of the City Council.
(5) Different in kind from that experienced by the general public shall mean of
a different type or nature not shared by the public generally and that is not merely
different in degree from that experienced by the public generally.
(6) Direct shall mean resulting immediately and proximately from the
circumstances and not from an intervening cause.
(7) Detriment shall mean disadvantage, injury, damage or loss.
(8) Financial interest shall have the meaning given to this term in Section 9(a)
of Charter Article IV, which states:
Financial interest means any interest equated with money or its
equivalent. Financial interest shall not include:
a. the interest that an officer, employee or relative has as an employee
of a business, or as a holder of an ownership interest in such business, in a
decision of any public body, when the decision financially benefits or
otherwise affects such business but entails no foreseeable, measurable
financial benefit to the officer, employee or relative;
b. the interest that an officer, employee or relative has as a
nonsalaried officer or member of a nonprofit corporation or association or
of an educational, religious, charitable, fraternal or civic organization in
the holdings of such corporation, association or organization;
c. the interest that an officer, employee or relative has as a recipient
of public services when such services are generally provided by the city on
the same terms and conditions to all similarly situated citizens, regardless
of whether such recipient is an officer, employee or relative;
d. the interest that an officer, employee or relative has as a recipient
of a commercially reasonable loan made in the ordinary course of business
by a lending institution, in such lending institution;
e. the interest that an officer, employee or relative has as a
shareholder in a mutual or common investment fund in the holdings of
such fund unless the shareholder actively participates in the management
of such fund;
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f. the interest that an officer, employee or relative has as a
policyholder in an insurance company, a depositor in a duly established
savings association or bank, or a similar interest-holder, unless the
discretionary act of such person, as an officer or employee, could
immediately, definitely and measurably affect the value of such policy,
deposit or similar interest;
g. the interest that an officer, employee or relative has as an owner of
government-issued securities unless the discretionary act of such owner, as
an officer or employee, could immediately, definitely and measurably
affect the value of such securities; or
h. the interest that an officer or employee has in the compensation
received from the city for personal services provided to the city as an
officer or employee.
(49) Officer or employee shall mean any person holding a position by election,
appointment or employment in the service of the City, whether part-time or full-
time, including any member of the City Council and any member of any
authority, board, committee or commission of the City, other than an authority
that is:
a. Established under the provisions of the Colorado Revised Statutes;
b. Governed by state statutory rules of ethical conduct; and
c. Expressly exempted from the provisions of Article IV of the City
Charter by ordinance of the City Council.
(10) Personal interest shall have the meaning given to this term in Section 9(a)
of the Charter Article IV, which states:
Personal interest means any interest (other than a financial interest) by
reason of which an officer or employee, or a relative of such officer or
employee, would, in the judgment of a reasonably prudent person, realize
or experience some direct and substantial benefit or detriment different in
kind from that experienced by the general public. Personal interest shall
not include:
a. the interest that an officer, employee or relative has as a member of
a board, commission, committee, or authority of another governmental
entity or of a nonprofit corporation or association or of an educational,
religious, charitable, fraternal, or civic organization;
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b. the interest that an officer, employee or relative has in the receipt
of public services when such services are generally provided by the city on
the same terms and conditions to all similarly situated citizens; or
c. the interest that an officer or employee has in the compensation,
benefits, or terms and conditions of his or her employment with the city.
(11) Public body shall have the meaning given to this term in Section 9(a) of
Charter Article IV, which states:
Public body means the Council or any authority, board, committee,
commission, service area, department or office of the city.
(12) Public services shall mean city services provided to or made available for
the public’s benefit.
(13) Relative shall have the meaning given to this word in Section 9(a) of
Charter Article IV, which states:
Relative means the spouse or minor child of the officer or employee, any
person claimed by the officer or employee as a dependent for income tax
purposes, or any person residing in and sharing with the officer or
employee the expenses of the household.
(14) Similarly situated citizens shall mean citizens in like circumstances having
comparable legal rights and obligations.
(15) Substantial shall mean more than nominal in value, degree, amount or
extent.
. . .
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Ellen Switzer, Utilities Financial Operations Manager
Lance Smith, Strategic Financial Planning Manager
Kevin Gertig, Utilities Executive Director
SUBJECT
First Reading of Ordinance No. 146, 2014, Revising Chapter 26 of the City Code Regarding Payments in Lieu
of Taxes and Franchise Fees, and Specifying that the Operation and Maintenance of the Street Lighting
System is an In Kind Payment by the Light & Power Fund in Lieu of Taxes and Franchise Fees.
EXECUTIVE SUMMARY
The purpose of this item is to codify the longstanding City policy and practice whereby the Light & Power Fund
has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part
of the Electric Utility’s payment in lieu of taxes and franchise fees. The Ordinance also revises the language
related to the Water and Wastewater Funds’ required 6% payment to the General Fund to clarify that this is a
payment in lieu of taxes and franchise fees (as opposed to just a payment in lieu of taxes). This change is
consistent with Article V, Section 23 of the City Charter and with the wording used in City Code to reference
the same fee paid by the Light & Power Fund.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Prior to 1986 the operation and maintenance costs related to street lighting were paid by the City’s General
Fund. In 1986, City Council determined that the Electric Utility should assume fiscal responsibility for operating
and maintaining the street lighting system. Ordinance No. 095, 1986 deleted the municipal street lighting rate
schedule from the City Code and street lighting costs were no longer billed to the General Fund. The City
Council in 1986 deemed this change to be consistent with the then-current Charter, which stated that the utility
was responsible for the “designing, construction, reconstruction, addition, repair, replacement, maintenance,
supervision, and operation of the water and light plants, and the street lighting system and equipment.” The
Agenda Item Summary presented with Ordinance No. 095, 1986 referenced this expense as an additional
payment in lieu of taxes.
In 1987, voters approved changes to the City Charter which eliminated the specific duties of many
departments. At that time, all references to which department or fund bore the responsibility for street lighting
were removed from the Charter. The Charter change was not intended to change the Electric Utility’s
responsibility for the street lighting system, but rather to remove the specific codified list of duties and
responsibilities for various funds and departments from the Charter to allow more administrative flexibility. The
Charter has been silent on street lighting since 1987.
The Light & Power Fund has maintained fiscal responsibility for the street lighting system since 1986. In
addition, City Council has set the Light & Power Fund’s cash payment in lieu of taxes and franchise fees at 6%
of the Fund’s operating revenues. (The cash payment was increased from 5% in 1989.) The proposed
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Agenda Item 10
Item # 10 Page 2
Ordinance codifies the current practice of requiring the Electric Utility to maintain fiscal responsibility for the
operation and maintenance of the street lighting system in addition to payment of taxes and franchise fees. No
changes are proposed for the cash payment of 6% of operating revenues. The Ordinance is consistent with
the direction given by City Council when adopting Ordinance No. 095, 1986 and does not change any current
practice or policy. Since the costs of street lighting have been built into the electric rates since 1986 there will
be no rate impact to rate payers related to the Ordinance.
The Light & Power Fund, Water Fund, and Wastewater Fund each pay 6% of operating revenues to the
General Fund. In the City Code this payment is referred to as a “payment in lieu of taxes and franchise” in the
Light and Power Fund, but as a “payment in lieu of taxes” in the Water and Wastewater Funds. The City
Charter at Article V, Section 23 characterizes the payments as “payment to the general fund in lieu of taxes
and franchise fees”. The omission of the reference to franchise fees appears to have been inadvertent. This
Ordinance also changes the wording in the Water and Wastewater Funds to be consistent with the Charter and
with similar references to the same payments by the Light & Power Fund in the City Code. The Stormwater
Fund is not subject to a payment in lieu of taxes and franchise fees, so no corresponding update is required to
that portion of the City Code.
FINANCIAL / ECONOMIC IMPACTS
In 2013, the cost of operating and maintaining the street light system totaled $1.3 million. The costs of street
lighting have been built into the electric cost of service and electric rates since 1986, and the current request to
amend the City Code under this Ordinance will have no rate impact.
Payments in lieu of taxes and franchise fees vary among Colorado cities and throughout the country as do in
kind services. The amounts paid to the General Fund by the Light & Power, Water, and Wastewater Funds
are within normal ranges. A 2012 survey of the fees and free services is attached for reference.
ENVIRONMENTAL IMPACTS
None identified.
BOARD / COMMISSION RECOMMENDATION
Since there are no policy changes proposed, and this Ordinance substantially addresses issues of clarification
of existing practices, this item was not reviewed by the Energy or Water Boards.
PUBLIC OUTREACH
Out-of-city customers were notified of the proposed ordinance and a public notice was issued in the
Coloradoan.
ATTACHMENTS
1. Survey of Municipalities (PDF)
2. Ordinance No. 095, 1986 (PDF)
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ATTACHMENT 1
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Attachment10.1: Survey of Municipalities (2435 : PILOTs / Street Lighting Revision)
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Attachment10.1: Survey of Municipalities (2435 : PILOTs / Street Lighting Revision)
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Attachment10.1: Survey of Municipalities (2435 : PILOTs / Street Lighting Revision)
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Attachment10.1: Survey of Municipalities (2435 : PILOTs / Street Lighting Revision)
ATTACHMENT 2
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Attachment10.2: Ordinance No. 095, 1986 (2435 : PILOTs / Street Lighting Revision)
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Attachment10.2: Ordinance No. 095, 1986 (2435 : PILOTs / Street Lighting Revision)
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Attachment10.2: Ordinance No. 095, 1986 (2435 : PILOTs / Street Lighting Revision)
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ORDINANCE NO. 146, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REVISING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING PAYMENTS IN LIEU OF TAXES AND FRANCHISE FEES, AND
SPECIFYING THAT THE OPERATION AND MAINTENANCE OF THE STREET
LIGHTING SYSTEM IS AN IN KIND PAYMENT BY THE LIGHT & POWER FUND IN
LIEU OF TAXES AND FRANCHISE FEES
WHEREAS, prior to July 1, 1986, the operation and maintenance costs related to the
City’s street lighting system were paid by the City’s General Fund; and
WHEREAS, on July 1, 1986, City Council adopted Ordinance No. 095, 1986, which
removed the municipal street lighting rate schedule from City Code and stopped internal billing
of street lighting costs to the General Fund; and
WHEREAS, City Council at the time determined it was consistent with Article IX,
Section 2 (B) of City Charter, as it existed in 1986, for the Electric Utility to assume fiscal
responsibility for operating and maintaining the street lighting system; and
WHEREAS, the agenda materials accompanying Ordinance No. 095, 1986, characterized
the shift in fiscal obligation as an additional payment by the Electric Utility in lieu of taxes; and
WHEREAS, voters in the City approved City Charter revisions in 1987 that eliminated
the specific duties of many City departments and created broader administrative flexibility in
fund and department management; and
WHEREAS, in streamlining the statements of department’s duties, the 1987 Charter
revisions also removed any reference to which department(s) or fund(s) bore responsibility for
street lighting costs; and
WHEREAS, since 1987, the Light & Power Fund has maintained fiscal responsibility for
the street lighting system, and the costs of street lighting have been incorporated into the electric
rates paid by customers of the Electric Utility; and
WHEREAS, City Council has established, pursuant to Article V, Section 23 and Article
XII, Section 6 of the City Charter, that an annual cash payment in lieu of taxes and franchise fees
is owed by the Light & Power Fund, Water Fund, and Wastewater Fund in the amount of 6% of
the operating revenues in each fund; and
WHEREAS, staff recommends clarifying descriptions of the annual operating revenues
payment made by the Water Fund in Article III, Chapter 26 of the City Code, and by the
Wastewater Fund in Article IV, Chapter 26 to be consistent with how the annual Light & Power
Fund payment is described in Article VI, Chapter 26, to reflect that such funds are collected in
lieu of taxes and franchise fees; and
WHEREAS, staff also recommends updating the City Code to codify the longstanding
custom and practice of the Electric Utility bearing fiscal responsibility for the operation and
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maintenance of the street lighting system in addition its annual payment in lieu of taxes and
franchise fees; and
WHEREAS, this revision to the City Code will not affect the rates paid by customers of
the Electric Utility nor increase the amount of operating revenues paid by the Light & Power
Fund in lieu of taxes and franchise fees.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That updating descriptions in the City Code to reflect the consistent
purposes for which the Light & Power Fund, Water Fund, and Wastewater Fund designate a
portion of operating revenues for payments in lieu of taxes and franchise fees is in the best
interest of the customers of the respective utility services and of the City.
Section 2. That amending the City Code to reflect the custom and practice of
providing street lighting system operation and maintenance as an additional in-kind component
of the franchise fee paid by the Electric Utility in its annual payments in lieu of taxes and
franchise fees is in the best interest of the customers of the Electric Utility and of the City.
Section 3. That Section 26-118(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-118. Determination of user rates.
. . .
(c) In addition to the monthly service charges set forth in §§ 26-126 and 26-127,
there shall be a charge for payments in lieu of taxes and franchise. The charge shall
be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant
to said §§ 26-126 and 26-127.
. . .
Section 4. That Section 26-277(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-277. Determination of user rates; annual adjustment.
. . .
(c) In addition to the monthly service charges set forth in §§ 26-279, 26-280 and 26-
282, there shall be a charge for payments in lieu of taxes and franchise. The charge
shall be six and zero-tenths (6.0) percent of said monthly service charges billed
pursuant to said §§ 26-279, 26-280 and 26-282.
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Section 5. That Section 26-392 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (e) to read as follows:
Sec. 26-392. Utility considered a City-owned enterprise.
(e) The enterprise shall annually operate and maintain the City street lighting system
as an additional payment in lieu of franchise fees otherwise paid by the enterprise
pursuant to Article V, Section 23 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Lance Smith, Strategic Financial Planning Manager
SUBJECT
Items Relating to City Code Clarifications for Plant Investment Fees.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 147, 2014, Amending Chapter 26 of the City Code to Revise Water Plant
Investment Fees, Excess Water Surcharge Rates and Raw Water Requirements for Meters Larger Than
Two Inches in Size.
B. First Reading of Ordinance No. 148, 2014, Amending Section 26-284 of the City Code to Clarify the
Calculation of Infiltration and Inflow in Determining Sewer Plant Investment Fees.
The purpose of this item is to address several sections of Chapter 26 of the City Code relating to how plant
investment fees are calculated and when the Excess Water Use Surcharge is applicable. These changes do
not impact the amount charged for plant investment fees or the Excess Water Use Surcharge but rather seek
to clarify the exact calculation of the fees.
STAFF RECOMMENDATION
Staff recommends adoption of these ordinances on First Reading.
BACKGROUND / DISCUSSION
A. Proposed Changes on Water Plant Investment Fees, Excess Water Use Surcharge Rates, and Raw
Water Requirements for Meters Larger than Two Inches
The current City Code Section 26-128 (5) paragraph (b) suggests that plant investment fees for water
connections larger than two inches are negotiated with the Utilities Executive Director. Plant investment fees
are not negotiated but rather determined by a cost allocation method. The plant investment fees are
determined based on the peak day demand of the connection and a gallon per day charge of $4.43. The
change proposed here makes this explicit in the Code so that a customer may calculate the fee independently
and does not reflect any change in the current plant investment fee charge.
The current City Code Section 26-129 paragraph (c) refers to the “surcharge” which may not be descriptive
enough to a customer to understand what surcharge is being referenced. The proposed changes make it clear
that the surcharge is the Excess Water Use surcharge. The same clarification is being proposed for Sec 26-
149 paragraphs (d) and (e).
In 2013 a change was made to the City Code to recognize that water taps larger than two inches are unique
enough to the development that the fees and allotments associated with such taps should be determined on a
development specific basis using a standard allocation methodology. The three inch meter size was
eliminated from the table in Sec. 26-128 paragraph (5) at that time. The three inch meter size should have
also been eliminated from the table in Sec. 26-129 paragraph (c) (3) and Sec. 26-149 paragraph (b) at that
time. This ordinance addresses these issues. Sec. 26-149 paragraph (c) should have been modified as well.
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Agenda Item 11
Item # 11 Page 2
Modification of Sec. 26-149 paragraph (c) may change the amount of raw water required for service from the
fixed amount currently listed in the table. The new amount may be higher or lower than the current fixed
requirement depending on the specific development needs for water.
B. Clarifying the Calculation of Infiltration and Inflow in Sewer Plant Investment Fees
The current City Code Section 26-284 paragraph (d) presents a formula for calculating the plant investment
fees associated with Category H non-residential development. The formula references the infiltration and
inflow (I&I flow) but does not state what that value is for purposes of the calculation. This Ordinance will allow
a customer to calculate the associated plant investment fees directly by stating that the I&I Flow is equal to
46.5% of the site flow.
FINANCIAL / ECONOMIC IMPACTS
The proposed changes will not have any financial impact on customers as these changes are only intended to
clarify how current charges are calculated.
ENVIRONMENTAL IMPACTS
The proposed changes will not have any environmental impacts.
BOARD / COMMISSION RECOMMENDATION
Because these ordinances are only intended to clarify existing language these ordinances were not presented
to any Boards for their consideration.
PUBLIC OUTREACH
No public outreach has been done with respect to these ordinances.
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ORDINANCE NO. 147, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE WATER PLANT INVESTMENT FEES, EXCESS WATER
SURCHARGE RATES, AND RAW WATER REQUIREMENTS
FOR METERS LARGER THAN TWO INCHES IN SIZE
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the water utility, as set forth therein; and
WHEREAS, City Code Section 26-120 provides for water plant investment fees to be
based on and used for growth-related capital expansion costs of water supply, storage,
transmission, treatment and distribution facilities, and related factors; and
WHEREAS, City Code Section 26-120 further requires that the City Manager annually
review the parameters and rates of the water plant investment fees and also requires that the City
Manager present such fees to the City Council for approval no less frequently than biennially;
and
WHEREAS, City Code Sections 26-128, 26-129, and 26-149 concern various fees, rates,
and requirements applicable to water service with meters larger than two inches in size; and
WHEREAS, it would be beneficial to revise certain portions of the City Code with
respect to two-inch and three-inch meters so that the City Code is consistent in this respect; and
WHEREAS, it would be beneficial to set forth a specific calculation for the water plant
investment fee for meters larger than two inches in size to ensure equal application of the fee;
and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes be made.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. Schedule C, water plant investment fees.
The water plant investment fee prescribed in § 26-120 shall be payable by users both inside
and outside of the City, as follows:
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…
(5) Nonresidential service:
a. Service to all nonresidential taps, including, but not limited to, taps for
commercial and industrial service, shall be charged according to the size of the
meter pursuant to the following schedule:
Meter Size
(inches)
Nonresidential
Plant
Investment Fee
¾ $ 7,000
1 19,050
1½ 41,600
2 64,410
b. The fee for all meters larger than two (2) inches shall negotiated with the
Utilities Executive Director and shall be based on estimated peak day demand, be
calculated by multiplying the estimated peak demand by $4.43 / gallons per day,
but shall not be less than the charge for a two-inch meter.
Section 2. That Section 26-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-129. Schedule D, miscellaneous fees and charges.
…
(c) The fees and requirements for raw water shall be as follows:
(1) To satisfy raw water requirements (RWR) with in-lieu cash payments, the
rate per acre-foot of RWR is sixty-five hundred dollars ($6,500).
(2) The surcharge for water used Excess Water Use Surcharge assessed on
commercial and irrigation taps when water use is in excess of the applicable
annual allotment shall be three dollars and six cents ($3.06) per one thousand
(1,000) gallons.
(3) The annual water allotment without surcharge, based on the minimum
RWR shall be as follows:
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Meter Size
(inches)
Annual Allotment
(gallons/year)
¾ 293,270
1 977,550
1½ 1,955,110
2 3,128,170
3 4,692,250
Above 32 325,851 gallons
per acre foot RWR
. . .
Section 3. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-149. Raw water requirement; nonresidential service.
…
(b) The minimum RWR for water meters up to threetwo and zero tenths (32.0) inches
in diameter are as follows:
Meter Size
(inches)
RWR
(acre-feet)
¾ .90
1.0 3.00
1.5 6.00
2.0 9.60
3.0 14.40
(c) The RWR for customers requiring a meter larger than threetwo and zero tenths
(32.0) inches, and for customers requiring two (2) or more meters, shall be determined by
multiplying the applicant's estimate of peak annual use, or the total annual allotment for
the meter or meters, whichever is greater, by one and ninety-two one-hundredths (1.92),
provided that such estimate is first approved and accepted by the Utilities Executive
Director.
(d) Upon application for a water service permit after March 1, 1984, each applicant
who is a nonresidential user shall be assigned an annual allotment of water equal to the
greater of the RWR as determined pursuant to this Section and any RWR that was
satisfied at the time of application for nonresidential water service. Further, in the event
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that, pursuant to Subsection (f) below, a nonresidential user submits more raw water than
required under the provisions of this Subsection, then the annual allotment shall be
determined pursuant to said Subsection (f). When a user uses more water than the annual
allotment, as determined by monthly billing records in a given calendar year, a raw water
surchargean Excess Water Use Surcharge in the amount prescribed in § 26-129 will be
assessed on the volume of water used in excess of the annual allotment.
(e) In the event an applicant applying for a nonresidential water service permit has,
prior to March 1, 1984, surrendered water rights or otherwise satisfied the requirements
of the City under an earlier water development program, then the minimum RWR for that
property shall be considered satisfied under this Section. However, such nonresidential
user shall be subject to the raw water surchargeExcess Water Use Surcharge when the
annual allotment is exceeded.
…
Section 4. That the amendments to Chapter 26 of the Code of the City of Fort Collins
contained herein shall go into effect on January 1, 2015.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 148, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-284 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE CALCULATION OF INFILTRATION AND INFLOW
IN DETERMINING SEWER PLANT INVESTMENT FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the water utility, as set forth therein; and
WHEREAS, City Code Sections 26-284 concerns sewer plant investment fees, which are
to be based on and used for growth-related capital expansion costs of wastewater collection,
transmission and treatment facilities; and
WHEREAS, it would be beneficial to clarify the manner in which the infiltration and
inflow factor is calculated for the purpose of sewer plant investment fees in the City Code; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes to Section 26-284 be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-284 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-284. Sewer plant investment fees and surcharges established.
…
(d) The amount of the plant investment fee and surcharge for each nonresidential
surcharged user, users in Category H and any user that is expected to generate greater
than its proportionate share of peak day flow at the treatment plant for the applicable
category (including both contributed wastewater volume and volume related to
infiltration and inflow), shall be calculated utilizing the following formula:
SPIF = Site Flow x [Flow$ + (BOD x BOD$
) + (TSS x TSS$)] + I&I Flow x [Flow$
+ (200
mg/l x BOD$) + (250 mg/l x TSS$
)]
Where:
SPIF = Plant investment fee for Category H users and users discharging wastewater
with average concentrations of BOD and/or TSS which exceed those
average concentrations which are set forth in § 26-282(b) under Category E-
34
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Site
Flow
= The user's proportionate share of peak day flow at the treatment plant based
on site flow discharge from user’s site
I&I
Flow
= That proportionate share of peak day flow due to infiltration and inflow as
allocated to user's site flow discharge. I&I Flow is calculated to be 46.5% of
Site Flow.
Flow$ = $6.26 per gallon (unit cost of facilities attributable to treating wastewater
flow)
BOD = Average BOD concentration for user category or measured BOD
concentration for the user as determined in accordance with Subsection (c)
of this Section, but not less than 200 mg/l
BOD$ = $0.0152 per mg/l (unit cost of facilities attributable to treating BOD)
TSS = Average TSS concentration for user category or measured TSS
concentration for the user as determined in accordance with Subsection (c)
of this Section, but not less than 250 mg/l
TSS$ = $0.0122 per mg/l (unit cost of facilities attributable to treating TSS)
…
Section 2. That the amendments to Section 26-284 of the Code of the City of Fort
Collins contained herein shall go into effect on January 1, 2015.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Josh Birks, Economic Health Director
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 149, 2014 Approving a First Amendment to the Agreement with Woodward,
Inc.
EXECUTIVE SUMMARY
The purpose of this item is to amend the Agreement with Woodward, Inc. and the Fort Collins Downtown
Development Authority by changing a key date in the requirement of the City Manager to present City Council
with a package to renew the Building on Basics dedicated sales tax including funding for Lincoln Boulevard
Improvements.
On April 2, 2013, City Council approved (6-1; Nays: Ohlson) on Second Reading the “Agreement with
Woodward, Inc.” relating to the relocation and construction of the company’s headquarters and expanding its
manufacturing and office facilities (the “Agreement”). The Fort Collins Downtown Development Authority
(“DDA”) is also a party to the Agreement. The Agreement authorized a business assistance package that
includes the reimbursement and rebate of taxes and contemplates construction of several public improvement
projects.
One aspect of the Agreement (Section 4.1(d)) relates specifically to improvements to Lincoln Boulevard. The
Agreement contemplates that the City Manager will submit a package for City Council’s consideration that
would help fund these improvements “by a renewal of the Building on Basics dedicated sales tax…on a
schedule to allow consideration of that measure by voters no later than November 2014.” The current schedule
contemplates consideration of a renewal of the Building on Basics dedicated sales tax in April 2015. Therefore,
the Agreement requires amendment to reflect the new schedule and date.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Woodward is a global company and has been in Fort Collins since 1955. It has continued to experience growth
in sales and breadth of market of its products. The company serves two major market sectors including
aerospace and energy. It is Woodward’s intent to expand their facilities to meet the growing demand for their
products and to expand in northern Colorado. Over time, the Link-N-Greens site will be home to its
international headquarters and for the global headquarters of up to two of its businesses: Industrial
Turbomachinery Systems (ITS) and Engine Systems (ES).
Woodward has outgrown its Drake facility and needs to expand its overall facilities to accommodate continued
growth. Woodward is developing a campus of office, manufacturing, and testing facilities on the Link-N-Greens
site. The campus will include a collection of buildings with parking areas served by private drives. In
Agenda Item 12
Item # 12 Page 2
conjunction with the campus, a retail and commercial center is proposed to be located in the southeast corner
of the site. Approximately 70,000 square feet of office and commercial development is planned for this area.
The combined building footprint of the industrial/manufacturing facility is projected to be 600,500 square feet in
buildings ranging from one to three stories. A future phase of construction will contain an unknown amount of
commercial development including service based restaurant, retail and office for the benefit of the general
public and Woodward employees.
On April 2, 2013, City Council approved the Agreement on Second Reading (6-1, Nays: Ohlson). The
Agreement authorizes a business assistance package that includes the reimbursement and rebate of taxes
and contemplates construction of several public improvements.
One aspect of the Agreement (Section 4.1(d)) relates specifically to improvements to Lincoln Boulevard. The
intent of the improvements is to transform the standard street cross section into a boulevard similar to
Mountain Avenue west of Old Town. The specific details of these improvements are not set but may include
construction of new or improved street and intersections, sidewalks and benches, bicycle lanes and racks,
trees and other landscaping, gateway features, transit related infrastructure, storm water improvements,
directional signage, public art and other project for a positive neighborhood image, and interpretive features of
culture and history relevant to the area. The Agreement stipulates that the City must use reasonable best
efforts to complete a study of possible designs for the Lincoln Boulevard Improvements no later than April 30,
2014. This study has been completed and a final design was reviewed by City Council during work session on
April 22, 2014 and approved as elements of the comprehensive plan of the City on May 20, 2014.
In addition, the Agreement contemplates the City Manager submitting a package for City Council’s
consideration that would fund the Lincoln Boulevard Improvements “by renewal of the Building on Basics
dedicated sales tax…on a schedule to allow consideration of that measure by voters no later than November
2014.” The current schedule contemplates consideration of a renewal of the Building on Basics dedicated
sales tax to be submitted for voter consideration in April 2015. The proposed amendment changes the
“November 2014” deadline to “April 2015” to reflect the current schedule.
FINANCIAL / ECONOMIC IMPACTS
None.
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ORDINANCE NO. 149, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH WOODWARD, INC.
WHEREAS, the City, the Fort Collins, Colorado Downtown Development Authority (the
“Authority”), and Woodward, Inc. (“Woodward”) previously entered into that certain
“Agreement with Woodward, Inc.,” dated April 16, 2013 (the “Agreement”); and
WHEREAS, the Agreement was approved by the City Council by Ordinance No. 055,
2013, on second reading on April 2, 2013; and
WHEREAS, the Agreement authorizes a business assistance package from the City and
the Authority to Woodward relating to Woodward’s relocation and construction of its company
headquarters and the expansion of its manufacturing and office facilities on a new corporate
campus site within Fort Collins; and
WHEREAS, in Section 4(d) of the Agreement the City agreed to consider in the future
the construction of significant public improvements to Lincoln Avenue, which avenue abuts and
is adjacent to the campus site Woodward is now developing, referred to as the “Lincoln
Boulevard Improvements” in the Agreement (the “Lincoln Boulevard Improvements”); and
WHEREAS, in connection with the City’s future consideration of the Lincoln Boulevard
Improvements, Section 4(d) of the Agreement also provides that the City Manager will “. . .
present a package to the City Council of improvements to be funded by a renewal of the Building
on Basics dedicated sales tax, including a portion of the Lincoln Boulevard Improvements valued
at approximately $8 million, on a schedule to allow consideration of that measure by the voters
no later than November 2014.”; and
WHEREAS, the City, the Authority and Woodward now agree that the City Manager
does not need to submit the Building on Basics ballot measure to the Council for its
consideration until the time needed to place the measure before the voters at the City’s next
regular election on April 7, 2015; and
WHEREAS, the City, the Authority and Woodward therefore desire to enter into the
“First Amendment to Agreement with Woodward, Inc.” attached and incorporated herein as
Exhibit “A” (the “First Amendment”) to so amend the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the First Amendment is hereby approved and the Mayor and City Manager
are hereby authorized to execute the First Amendment, with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purpose of this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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1
FIRST AMENDMENT
TO AGREEMENT WITH WOODWARD, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT WITH WOODWARD, INC.
(the “First Amendment”) is entered into this ___ day of ________, 2014, by and among the City
of Fort Collins, Colorado, a home rule municipal corporation (the “City”), the Fort Collins,
Colorado Downtown Development Authority, a duly organized and existing downtown
development authority under the Constitution and laws of the State of Colorado, including,
particularly, Title 31, Article 25, Part 8, Colorado Revised Statutes, as amended (the
“Authority”), and Woodward, Inc., a Delaware corporation (“Woodward”).
RECITALS
WHEREAS, the City, the Authority and Woodward have previously entered into that
certain “Agreement with Woodward, Inc.” dated April 16, 2013 (the “Agreement”); and
WHEREAS, the Agreement was approved by the Fort Collins City Council (the
“Council”) by Ordinance No. 055, 2013, on second reading on April 2, 2013; and
WHEREAS, the Agreement authorizes a business assistance package from the City and
the Authority to Woodward relating to Woodward’s relocation and construction of its company
headquarters and the expansion of its manufacturing and office facilities on a new corporate
campus site in Fort Collins; and
WHEREAS, included in the Agreement is the City’s agreement in Section 4(d) of the
Agreement to consider in the future the construction of significant public improvements to
Lincoln Avenue, which avenue abuts and is adjacent to the campus site Woodward is now
developing, referred to as the “Lincoln Boulevard Improvements” in the Agreement (the
“Lincoln Boulevard Improvements”); and
WHEREAS, in connection with the City’s future consideration of the Lincoln Boulevard
Improvements, Section 4(d) of the Agreement also provides that the City Manager will “. . .
present a package to the City Council of improvements to be funded by a renewal of the Building
on Basics dedicated sales tax, including a portion of the Lincoln Boulevard Improvements valued
at approximately $8 million, on a schedule to allow consideration of that measure by the voters
no later than November 2014.”; and
WHEREAS, the City, the Authority and Woodward now agree that the City Manager
does not need to submit the Building on Basics ballot measure to the Council for its
consideration until the time needed to place the measure before the voters at the City’s next
regular election on April 7, 2015; and
WHEREAS, the City, the Authority and Woodward therefore desire to enter into this
First Amendment to so amend the Agreement.
EXHIBIT A
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Attachment1: Exhibit A (2480 : Woodward Agreement Amendment ORD)
2
NOW, THEREFORE, in consideration of the promises contained in this First
Amendment, and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto agree as follows:
Section 1. That the first sentence of the second paragraph in Section 4(d) of the
Agreement is hereby amended to read in full as follows:
“In addition, the City Manager agrees to present a package to the City Council of
improvements to be funded by a renewal of the Building on Basics dedicated sales tax, including
a portion of the Lincoln Boulevard Improvements valued at approximately $8 million, on a
schedule to allow consideration of that measure by the voters at the City’s next regular municipal
election on April 7, 2015.”
Section 2. That the City, the Authority and Woodward agree that, except as amended
herein, all other provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City, the Authority and Woodward have executed this
First Amendment as of the date first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _______________________________
Karen Weitkunat, Mayor
By: _______________________________
Darin A. Atteberry, City Manager
Attest:
_____________________________
City Clerk
Approved as to form:
_____________________________
Senior Assistant City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing First Amendment to Agreement with Woodward, Inc. was executed before me
this ____ day of _____________, 2014, by Karen Weitkunat, as Mayor, by Wanda Nelson, as
City Clerk, and by Darin Atteberry, City Manager, of the CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
Packet Pg. 148
Attachment1: Exhibit A (2480 : Woodward Agreement Amendment ORD)
3
WITNESS my hand and official seal.
My commission expires: ______________
____________________________________
Notary Public
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT AUTHORITY
________________________________________
Wynne Odell, Chairperson
(SEAL)
Attest:
___________________________
Janet Bramhall, Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing First Amendment to Agreement with Woodward, Inc. was executed before me
this ____ day of _____________, 2014, by Wynne Odell, as Chairperson, and by Janet Bramhall
as Secretary of THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT
AUTHORITY.
WITNESS my hand and official seal.
My commission expires: ______________
____________________________________
Notary Public
WOODWARD, INC. a Delaware corporation
By: __________________________________
Tom Gendron, Chairman and CEO
Packet Pg. 149
Attachment1: Exhibit A (2480 : Woodward Agreement Amendment ORD)
4
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The First Second Amendment to Agreement with Woodward, Inc. was executed before me this
____ day of _____________, 2014, by Tom Gendron as Chairman and CEO of WOODWARD,
INC. a Delaware corporation.
WITNESS my hand and official seal.
My commission expires: ______________
____________________________________
Notary Public
Packet Pg. 150
Attachment1: Exhibit A (2480 : Woodward Agreement Amendment ORD)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Patrick Rowe, Real Estate Specialist
Kurt Friesen, Director of Park Planning & Development
SUBJECT
First Reading of Ordinance No. 150, 2014, Vacating a City Trail Easement and Any Associated Rights on
Colorado State University Property Between Centre Avenue and Bay Road.
EXECUTIVE SUMMARY
The purpose of this item is to vacate a trail easement, located between Centre Avenue and Bay Road, that
was obtained from Colorado State University Research Foundation (CSURF) in 1979 (including any
prescriptive rights that may exist). This segment of the Spring Creek trail was replaced with a new and
superior alignment in 2013 from an additional trail easement obtained from Colorado State University (CSU)
and Colorado State University Research Foundation.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2013, the City obtained an easement for a new trail alignment from CSU and CSURF between Centre Avenue
and Bay Road south of Prospect Road. This alignment replaced a previous trail easement that was obtained from
CSURF in 1979, though a majority of the old trail was built outside of the area specified by the easement
agreement.
A different alignment was selected for the replacement trail in order to place the trail closer to Spring Creek and
provide a superior connection to the Mason Trail. Additionally, the previous trail was constructed of asphalt and
was inferior in its condition and size as compared to current City trail standards; thus the new trail provided an
opportunity to reconstruct the trail according to current standards.
In the course of replacing the previous 1979 trail, City staff agreed to seek the vacation of the City’s prior
alignments, both the legal easement and the alignment as actually constructed (again, as the prior trail was not
constructed within its easement).
No utilities were permitted within the prior trail easement, thus none were notified of the proposed vacation.
FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts associated with the vacation of this trail easement.
Additionally, no consideration was paid for the replacement trail easements: only a nominal, $550
administrative charge was paid to CSU.
Agenda Item 13
Item # 13 Page 2
ENVIRONMENTAL IMPACTS
There are no environmental impacts associated with the vacation of the trail alignments.
ATTACHMENTS
1. Location Map (PDF)
ATTACHMENT 1
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Attachment13.1: Location Map (2364 : Vacation of Trail Easement on CSU)
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ORDINANCE NO. 150, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A CITY TRAIL EASEMENT AND ANY ASSOCIATED RIGHTS
ON COLORADO STATE UNIVERSITY PROPERTY BETWEEN CENTRE AVENUE
AND BAY ROAD
WHEREAS, in 1979 the CSU Research Foundation (“CSURF”) granted the City an
easement for open space use, including installation and maintenance of bike and pedestrian trails
(the “1979 Easement”), on property owned by CSURF between Centre Avenue and Bay Road
(the “CSURF Property”); and
WHEREAS, a copy of the 1979 Easement is attached and incorporate herein as Exhibit
“A”; and
WHEREAS, the City then constructed a section of the Spring Creek Trail on the CSURF
Property, but most of the trail was built outside the 1979 Easement; and
WHEREAS, in 2013 CSURF conveyed the CSURF Property to the Board of Governors
of the Colorado State University System, acting by and through Colorado State University
(“CSU”); and
WHEREAS, in 2013, the City acquired a new trail easement from CSU and CSURF in a
different location to provide a better connection between the Spring Creek Trail and the Mason
Trail, and the old trail improvements were removed; and
WHEREAS, the City has no further need for the 1979 Easement; and
WHEREAS City staff is recommending that the 1979 Easement be vacated, and that the
City also vacate and abandon any associated rights in the CSURF Property that the City may
have acquired through construction of the former trail alignment outside the 1979 Easement; and
WHEREAS, such vacation is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the 1979 Easement, more particularly described on Exhibit “A”, is
hereby vacated, terminated and abandoned, along with any easement or other property rights the
City may have acquired through construction of the former trail alignment pursuant to the 1979
Easement but outside the area described in the 1979 Easement.
Section 2. That the Mayor is hereby authorized to execute such documents as the
City Manager, in consultation with the City Attorney, determines to be reasonable and
appropriate to further document the vacation, termination and abandonment of the easement and
other property rights as described in this Ordinance.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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EXHIBIT A
Packet Pg. 156
Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
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Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
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Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
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Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
Packet Pg. 160
Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
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Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
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Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
Packet Pg. 163
Attachment1: Exhibit A (2407 : Vacation of Trail Easement on CSU - ORD)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Janet Miller, Human Resources Director
SUBJECT
Resolution 2014-096 Adopting an Updated Process for City Council Evaluation of the Performance of the City
Manager, City Attorney and Municipal Judge.
EXECUTIVE SUMMARY
The purpose of this item is to modify the performance evaluation process for the City Manager, City Attorney
and Municipal Judge (Employees) to allow for flexibility in the methods used to gather input from
Councilmembers for the annual performance review and to remove the requirement for a separate meeting
with the Mayor, Mayor Pro Tem and each Employee to discuss the Employee’s compensation and benefits.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Each year, Council conducts a formal performance evaluation of the City Manager, City Attorney and Municipal
Judge (Employees). The current process is outlined in Resolution 2012-091 and requires that a “form” be
developed and distributed to Councilmembers, that the “form” be returned to the Human Resources Director
and summarized prior to the performance evaluation discussion with each Employee.
The proposed modification to the process used by the City Manager and City Attorney allows for a designated
facilitator to interview each Councilmember, gather input and provide a summary report to all Councilmembers
and to the City Manager and the City Attorney.
Additionally, it eliminates the requirement that the Mayor and Mayor Pro Tem hold a separate meeting to
discuss compensation and benefits with the Employees prior to Council’s discussion of these items.
Finally, this Resolution removes specific reference to the Human Resources “Director” as the individual who
provides support throughout this process and changes this reference to the Human Resources “Department”.
This allows appropriate staff within the department to assist with this process.
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RESOLUTION 2014-096
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AN UPDATED PROCESS FOR CITY COUNCIL
EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER,
CITY ATTORNEY AND MUNICIPAL JUDGE
WHEREAS, the City Manager, City Attorney and Municipal Judge are appointed by the
City Council under the provisions of the City Charter; and
WHEREAS, the Municipal Judge is appointed for a two-year term, and the City Manager
and City Attorney serve terms of indefinite duration; and
WHEREAS, the City Council is responsible for supervising the performance of all three
of these employees and fixing their compensation; and
WHEREAS, it is essential that these employees perform their duties with integrity,
professionalism and effectiveness; and
WHEREAS, the City Council meets with these employees semi-annually in executive
session to review their performance; and
WHEREAS, the more formal review of these employees’ performance (the “Annual
Review”) takes place in November of each year; and
WHEREAS, the City Council has by resolution developed and approved a process for
conducting the annual reviews, which Council has from time to time updated and revised; and
WHEREAS, the City Council wishes to supersede all prior resolutions establishing such
review procedures, and adopt the procedures set forth below, which revise that process to allow
the use of facilitation services to assist with the gathering and exchange of information related to
the Annual Reviews.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the annual, formal evaluation of the City Manager, City Attorney and
Municipal Judge shall be conducted in accordance with the following guidelines:
Section 1. The annual, formal evaluation of the City Manager and City Attorney (the
“Employees”) shall be conducted as follows:
A. Each year, a form for evaluation of each Employee’s performance, based on the
Employee’s job duties, shall be prepared by the Human Resources
DirectorDepartment in consultation with the Mayor, Mayor Pro Tem and the
Employees. That form shall be distributed to each Councilmember no less than
twenty (20) days prior to the date of the Employee's annual review. Alternatively,
if the Employee has designated a facilitator to assist with the review process, the
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Employee shall work with the facilitator to prepare questions to be used as the
basis for the facilitator’s interview with each Councilmember, which questions
shall be provided to each Councilmember no less than twenty (20) days prior to
the date of the Employee’s annual review.
B. Not later than twenty (20) days prior to the annual review, the Employees shall
provide their self-evaluations and additional information they may consider
appropriate to the Council. with their self-evaluations, using the form that has
been provided to Councilmembers, together with such additional information as
they may consider appropriate, and The Employees shall also provide their
compensation requests for the ensuing year and any proposed contract revisions.
C. No later than ten (10) days prior to the annual review, all Councilmembers shall
submit completed evaluation forms to the Human Resources DirectorDepartment.
Alternatively, if the Employee has designated a facilitator to assist with the
review process, the facilitator shall meet with each Councilmember individually
to obtain evaluation input, to allow for completion of a summary report.
D. Not later than five (5) days prior to the annual review, the Human Resources
DirectorDepartment or designated facilitator, if applicable, shall distribute to all
Councilmembers and the appropriate Employee: (1) copies of each completed
evaluation form; (2) a composite of all such forms; and (3) any additional
information requested by a Councilmember or considered pertinent information
regarding the total compensation paid to the persons holding comparable positions
of employment in other comparable Colorado Front Range cities; and (4) any
other information that may be considered pertinent by the Human Resources
DirectorDepartment, the designated facilitatorCouncil or the Employees.
E. Prior to Council’s discussion of the proposed compensation and benefits of the
Employees, the Mayor and Mayor Pro Tem shall meet with each Employee to
discuss the Employee’s compensation request.
F. Any change in the compensation of the Employees for the ensuing calendar year
shall be approved by the Council by ordinance. That ordinance shall be adopted
by the Council in sufficient time for the change in compensation to take effect as
of the first full pay period of the ensuing year. In the event that the Council and
either Employee agree upon any revisions to the Employee’s employment
contract for the ensuing year, a resolution approving such revision(s) shall be
adopted upon first or second reading of the ordinance.
GF. All Councilmembers, irrespective of their evaluation of the Employees, are
encouraged to meet individually with the Employees to discuss their performance.
Section 2. The annual, formal evaluation of the Municipal Judge shall be conducted
in accordance with the following guidelines:
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A. A form for evaluation of the Municipal Judge’s performance shall be prepared by
the Human Resources DirectorDepartment in consultation with the Mayor, Mayor
Pro Tem and Municipal Judge and distributed to each Councilmember no less
than twenty (20) calendar days prior to the Municipal Judge’s annual review. The
form shall address the Municipal Judge’s judicial duties, administrative duties and
Liquor Licensing Authority duties.
B. On or before October 15 of each year in which the Municipal Judge is requesting
reappointment, Municipal Court prosecutors, defense attorneys who have worked
on Municipal Court cases, and attorneys who have appeared at Liquor Licensing
Authority meetings shall be provided with copies of an evaluation form and asked
to evaluate the performance of the Municipal Judge. The form shall be prepared
by the Municipal Judge and the Human Resources DirectorDepartment in
consultation with the Mayor and Mayor Pro Tem. The names of all persons
submitting completed forms shall be provided to the Municipal Judge, together
with a composite of the ratings and comments on the completed forms.
C. Not later than twenty (20) days prior to the annual review, the Municipal Judge
shall provide to the City Council a self-evaluation containing such information as
he or she may consider appropriate, together with his or her compensation request
for the ensuing year and any proposed contract revisions.
D. Not later than ten (10) days prior to the annual review of the Municipal Judge, all
completed evaluation forms and supplemental materials referenced in Section A
and B above shall be submitted to the Human Resources DirectorDepartment for
distribution to the Council and the Municipal Judge together with: (1) a composite
of the forms completed by the Councilmembers; (2) pertinent information
regarding the total compensation paid to the municipal judges of other
comparable Colorado Front Range cities; and (3) any other information that may
be considered pertinent by the Human Resources DirectorDepartment, the
Council or the Municipal Judge.
E. Throughout each year, “customer comment” forms shall also be made available,
through means recommended by the Municipal Judge, to defendants, prosecution
and defense witnesses, attorneys and other participants in the Municipal Court and
liquor licensing processes. The forms for this purpose shall be prepared by the
Municipal Judge in consultation with the Human Resources DirectorDepartment,
Mayor and Mayor Pro Tem. All persons completing such forms shall be asked to
sign their names if they wish to have their comments forwarded to the City
Council for its use in reviewing the performance of the Municipal Judge. They
shall also be told that the Human Resources DirectorDepartment and the members
of the City Council will be provided with copies of their signed, completed forms,
and that the Municipal Judge will receive a composite of all completed forms,
together with the names of those persons submitting the forms. A copy of each
signed, completed form shall be provided to the City Council on a quarterly basis.
At the same time, the Municipal Judge shall receive a composite of the ratings
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and comments contained in such forms, together with the names of the persons
submitting the forms.
F. Prior to Council’s discussion of the proposed compensation and benefits of the
Employees, the Mayor and Mayor Pro Tem shall meet with the Municipal Judge
to discuss the Judge’s compensation request.
G. Any change in the compensation of the Municipal Judge for the ensuing calendar
year shall be approved by the Council by ordinance. That ordinance shall be
adopted by the Council in sufficient time for the change in compensation to take
effect as of the first full pay period of the ensuing year. In the event that the
Council and the Municipal Judge agree upon any revisions to the Municipal
Judge’s employment contract for the ensuing year, a resolution approving such
revision(s) shall be adopted upon first or second reading of the ordinance.
HG. All Councilmembers, irrespective of their evaluation of the Municipal Judge, are
encouraged to meet individually with the Municipal Judge to discuss the
Municipal Judge's performance.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of October, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Items Relating to the Disposable Bags Referendum Petition.
EXECUTIVE SUMMARY
A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 099, 2014, Amending Chapter 12 of
City Code to Establish Regulations Regarding Disposable Bags. (No Action Needed)
AND
B. First Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending Chapter 12 of
City Code to Establish Regulations Regarding Disposable Bags.
OR
C. First Reading of Ordinance No. 152, 2014, Calling a Special Election for the Purpose of Submitting to the
Registered Electors a Citizen Referendum of Ordinance No. 099, 2014 Amending Chapter 12 of the Code
of the City of Fort Collins Establishing Regulations Regarding Disposable Bags
OR
D. Resolution 2014-097 Referring Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish
Regulations Regarding Disposable Bags to a Vote of the Registered Electors of the City at the Next
Regular Municipal Election on April 7, 2015.
On September 29, 2014, a referendum petition was filed with the City Clerk’s Office seeking to repeal
Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable
Bags. On October 10, 2014, the City Clerk determined that the referendum petition was sufficient, absent a
protest being filed by the October 9 deadline.
Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of the
ordinance in question is automatically suspended pending repeal by the Council or final determination by the
voters. If the ordinance is not repealed, the Council must refer the ordinance to a vote of the registered
electors at the next regular or special City election scheduled for any other purpose.
If the Council chooses to refer the measure to the voters, the Council may call a special election for this
specific purpose. The earliest practical opportunity for a special election would be January 2015.
If the Council chooses to wait until April 2015 to have the voters consider this issue, Resolution 2014-097 is
presented to place the issue on the ballot and set the ballot language. If Council opts for a special election on
another date, a revised Resolution will be presented to Council on November 4 in conjunction with Second
Reading of the Ordinance calling the special election.
Packet Pg. 169
Agenda Item 15
Item # 15 Page 2
STAFF RECOMMENDATION
Staff recommends Council select among the options provided.
FINANCIAL / ECONOMIC IMPACTS
The cost for a special election would exceed $100,000.
ATTACHMENTS
1. Certification of Referendum Petition (PDF)
2. Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding
Disposable Bags (PDF)
3. Powerpoint presentation (PDF)
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ATTACHMENT 1
Packet Pg. 171
Attachment15.1: Certification of Referendum Petition (2455 : Disposable Bags Referendum)
ATTACHMENT 2
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Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
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Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
Packet Pg. 174
Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
Packet Pg. 175
Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
Packet Pg. 176
Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
Packet Pg. 177
Attachment15.2: Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags (2455 :
1
Timeline
Disposable Bag Ordinance
Aug Sep Oct 2014
Presentation
of Certified
Petition
Oct. 21
Petition
Found Sufficient
Oct. 6
Referendum
Petition Filed
Sep. 29
Form of
Petition
Approved
Sep. 9
Notice of
Protest Filed
Aug. 26
Adoption of
Ord. 99
Aug. 19
ATTACHMENT 3
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Attachment15.3: Powerpoint presentation (2455 : Disposable Bags Referendum)
2
City Council Options
• Repeal Ordinance No. 099, 2014
• Refer the Ordinance to the April 7 Regular City
election
• Refer the Ordinance to a Special Election
Packet Pg. 179
Attachment15.3: Powerpoint presentation (2455 : Disposable Bags Referendum)
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ORDINANCE NO. 151, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 099, 2014, AMENDING CHAPTER 12
OF THE CODE OF THE CITY OF FORT COLLINS TO
ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS
WHEREAS, on August 19, 2014, the City Council adopted on second reading Ordinance
No. 099, 2014, Amending Chapter 12 of the Code of the City of Fort Collins Regarding
Disposable Bags (the “Ordinance”); and
WHEREAS, on August 26, 2014, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on September 9, 2014, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on September 29, 2014, the Referendum Petition was filed with the City
Clerk; and
WHEREAS, on October 10, 2014, the City Clerk determined that the Referendum
Petition did contain the requisite number of signatures (at least 2,604) to warrant further action
by the City Council and that such petition was sufficient within the meaning of Article X,
Section 5(f) of the City Charter; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the
City Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the ordinance in question pending repeal by the Council or final
determination by the electors; and
WHEREAS, Council has determined that the Ordinance should be repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Ordinance No. 099, 2014, Amending Chapter 12 of the Code of the City
of Fort Collins to Establish Regulations Regarding Disposable Bags, is hereby repealed in its
entirety.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 181
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ORDINANCE NO. 152, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING
TO THE REGISTERED ELECTORS A CITIZEN REFERENDUM OF ORDINANCE NO. 099,
2014, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS
ESTABLISHING REGULATIONS REGARDING DISPOSABLE BAGS
WHEREAS, on August 19, 2014, the City Council adopted on second reading Ordinance
No. 099, 2014, Amending Chapter 12 of the Code of the City of Fort Collins Establishing
Regulations Regarding Disposable Bags (the “Ordinance”); and
WHEREAS, on August 26, 2014, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on September 9, 2014, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on September 29, 2014, the Referendum Petition was filed with the City
Clerk; and
WHEREAS, on October 10, 2014, the City Clerk determined that the Referendum
Petition contained the requisite number of signatures (at least 2,604) to warrant further action by
the City Council, and;
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the
City Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular
or special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, the Council has, this same date, determined that the Ordinance should not be
repealed by the Council but should instead be referred to the registered electors; and
WHEREAS, the Council has further determined that it would be in the best interest of the
City to call a special municipal election on the date specified below in order to submit the
Ordinance to a vote of the registered electors of the City at such special election.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That a Special Municipal Election in the City is hereby called for Tuesday,
_________________.
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Section 2. That the use of an electronic system to record the votes at said election is
hereby authorized.
Section 3. That, no later than November 4, 2014, the City Manager shall present for
Council’s consideration a resolution specifying the form of the ballot language for the above-
described referred measure.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 183
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RESOLUTION 2014-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING ORDINANCE NO. 099, 2014, AMENDING CHAPTER 12 OF
THE CODE OF THE CITY OF FORT COLLINS
TO ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS,
TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
AT THE NEXT REGULAR MUNICIPAL ELECTION ON APRIL 7, 2015
WHEREAS, on August 19, 2014, the City Council adopted on second reading Ordinance
No. 099, 2014, Amending Chapter 12 of the Code of the City of Fort Collins to Establish
Regulations Regarding Disposable Bags (the “Ordinance”); and
WHEREAS, on August 26, 2014, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on September 9, 2014, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on September 29, 2014, the Referendum Petition was filed with the City
Clerk; and
WHEREAS, on October 10, 2014, the City Clerk determined that the Referendum
Petition contained the requisite number of signatures (at least 2,604) to warrant further action by
the City Council; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the
City Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular
or special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, the City Council has determined that the Ordinance should not be repealed
by the Council but should instead be referred to the registered electors at the next regular City
election.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Ordinance No. 099, 2014, Amending Chapter 12 of the Code of the
City of Fort Collins to Establish Regulations Regarding Disposable Bags, is hereby referred to
the registered electors of the City of Fort Collins at the next regular city election to be held on
Tuesday, April 7, 2015, in the following form:
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CITIZEN-REFERRED ORDINANCE
On August 19, 2014, the City Council adopted on second reading Ordinance No.
099, 2014, Amending Chapter 12 of the Code of the City of Fort Collins to
Establish Regulations Regarding Disposable Bags (the “Ordinance”), which
established certain regulations regarding the use of disposable bags, including
disposable bag charge requirements, and the retention and administration of the
disposable bag charge. A petition signed by a sufficient number of registered
electors was submitted to the City Clerk seeking the repeal of the Ordinance. On
October 21, 2014, the City Council referred the Ordinance to the registered
electors of the City at this election, as permitted by the City Charter. Shall the
Ordinance be repealed?
YES _____
NO _____
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of October, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 185
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Susie Gordon, Senior Environmental Planner
SUBJECT
Resolution 2014-098 Establishing Priority Actions to Create Zero Waste in Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to present a resolution that expresses commitment to Fort Collins’ goal of Zero
Waste by 2030. The resolution enumerates strategic actions for the City to take now and in coming years,
which were developed for the Road to Zero Waste Plan to deliberately and systematically drive progress
forward over the next decades.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since 1996, the City has measured the amount of waste diverted from landfill disposal through citizens’ efforts
to reduce, reuse, recycle, and compost, documenting a gradual increase from 17% to a communitywide level
of 64.6% diversion in 2013. Getting to the ultimate goal of Zero Waste will become possible only by laying
groundwork now for the type of infrastructure, policies, and incentives that will create a major shift away from
outmoded ways of managing waste.
Communitywide awareness about reducing waste will be critical in stemming the flow of materials into local
landfills. A culture change is called for in the resolution, using education and information to help citizens
establish alternative practices in their lives that will help shrink the waste stream and reroute it to beneficial end
uses.
A priority will be placed on completing the construction of a new Community Recycling Center by early 2016,
where a one-stop-shop service will be available to the public for a range of recyclables, including electronic
waste, certain household hazardous wastes, and other “hard to recycle” materials.
Sustainable Materials Management (SMM) principles developed by the Environmental Protection Agency will
be applied to create a systems approach for new regional pathways for discarded materials to take. Among
techniques intrinsic to SMM that will be evaluated and applied in Fort Collins, where appropriate, are materials
substitution, cleaner technologies, reuse systems, redesigning to reduce toxics pollution and waste, in-situ
treatment, waste conversion to clean energy, and reduction of transport in the supply chain.
In the process of creating new ways of handling waste materials as commodities, economic opportunities will
emerge for job creation and increased local income and sales revenues. By developing a forward-thinking,
model SMM environment, Fort Collins can become a destination for advanced companies to become
established where Zero Waste standards can be met by local services and programs. The resolution
recognizes the valuable role that can be played by the City’s Economic Health program in assisting industrial
symbiosis to occur, such as by-product exchange/reuse within regional business clusters.
Packet Pg. 186
Agenda Item 16
Item # 16 Page 2
Additional policy measures are called for in the resolution. The City will pursue adoption of a Universal
Recycling Ordinance, which will re-tool Fort Collins’ highly successful pay-as-you-throw structure in order to
give all residents and businesses access to recycling and organics composting that is convenient and
affordable, as well as further prohibitions on types of materials that may be placed in the waste stream.
Actions will be explored for programs to recycle disposable containers and packaging materials, including
potential requirements for some retailers to offer on-site collection.
Critical infrastructure that was identified in 2013’s Road to Zero Waste planning are prioritized for construction
in the resolution, starting with a facility that will intercept organic materials (clean lumber discards, food scraps,
yard debris, tree limbs, soiled paper products, compostable food ware, manure, brewery by-products, and
agricultural trimmings). The City will collaborate with Larimer County and neighboring communities such as
the City of Loveland, as well as private-sector stakeholders, to develop an implementation plan for capturing as
much organic material as feasible based on recognition of the fact that approximately 2/3 of the waste going
into local landfills is comprised of bio-degradable materials. Creating a collection/diversion system for organics
will provide substantial results in reducing the amount of trash that accumulates in our landfills. Once systems
are in place for source-separated organics to be collected, various technologies for processing it to obtain
highest-and-best-use will be employed, including but not limited to anaerobic digestion, clean energy
conversion, or landscape materials manufacturing (mulch, compost, “bio-char” soil amendments).
Other types of infrastructure are recognized in the resolution as playing pivotal roles in optimal waste
management systems for Fort Collins and the region, to be funded and constructed as quickly as they become
feasible. They include pilot projects with Colorado State University supported by federal grants that
demonstrate waste-to-clean-energy technology innovations, a construction/demolition-waste sorting facility,
and a reuse warehouse.
Finally, the resolution calls for new sources of funding or revenues to be evaluated that will enable the City to
pursue new initiatives in waste diversion and financially support ongoing projects.
Staff sent a draft of Resolution 2014-098 to Council on Monday, October 13. The Resolution with the revisions
suggested by Councilmember Cunniff is provided as Attachment 1.
FINANCIAL / ECONOMIC IMPACTS
This Resolution indicates an intention to take action and to seek funding, resources and partnerships to enable
actions. The implementation schedule will be dependent on budget and resource availability.
ENVIRONMENTAL IMPACTS
This Resolution clarifies key steps in making progress on the ultimate goal of achieving Zero Waste by 2030.
ATTACHMENTS
1. Resolution 2014-098 with Councilmember Cunniff's revisions (PDF)
Packet Pg. 187
- 1 -
RESOLUTION 2014-098
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING PRIORITY ACTIONS TO CREATE
ZERO WASTE IN FORT COLLINS
WHEREAS, on December 17, 2013, the City Council adopted Resolution 2013-011,
establishing a waste diversion policy with the ultimate goal of achieving zero waste (“Zero
Waste goals”); and
WHEREAS, the City Council recognizes the importance of prolonging the life span of
the Larimer County Landfill, now estimated at 10 years, through waste diversion measures to
further delay its closure; and
WHEREAS, the City Council further recognizes that increased and sustained waste
reduction and recycling have direct economic and environmental benefits to the local and global
community; and
WHEREAS, the City Council wishes to proceed with implementing waste reduction
strategies that systematically address the flow of waste materials in the community; and
WHEREAS, waste streams, and facilities for managing them, are regional in nature, and
thus, regional partnerships and systems are important to create; and
WHEREAS, City Plan policy ENV 15.5 calls for applying a systems-based approach to
managing waste materials that flow into the community, as well as their post-consumer
destinations, in order to establish alternatives to landfill disposal; and
WHEREAS, City Plan policy ENV 15.6 calls for an analysis of life-cycle costs and
benefits by viewing the generation of discards, by-products, and waste materials, and techniques
for managing these resources as an integrated system in order to put materials to their highest
and best reuse; and
WHEREAS, the City Council wishes to operationalize the vision articulated in the Zero
Waste goals and sketched out in the Road to Zero Waste plan by taking a three-pronged
approach to: a) identify near-term concrete steps towards Fort Collins’ zero waste objectives for
2030; b) foster regional discussions and partnerships; and c) further investigate waste stream
flows and energy-related opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby directs the City Manager to take specific
short-term steps toward reducing and preventing waste by December 31, 2016, by:
Packet Pg. 188
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a. Expanding communitywide awareness of measures to prevent waste from
being created;
b. Subject to funding approval, beginning construction on a Community
Recycling Center that offers a one-stop shop for recycling and addresses hard-to-
recycle materials;
c. Presenting for Council consideration a “universal recycling ordinance”
that would improve access to recycling and organics (compostable materials)
collection for all residents and businesses; and
d. Advancing the organizational readiness of the City to engage in waste-to-
clean energy practices.
Section 2. That the City Council hereby directs the City Manager to take steps
toward reducing and preventing regional waste generation by:
a. Convening a regional materials management roundtable group to discuss
regional treatment facilities and systems;
b. Assisting Colorado State University’s efforts to research and develop
innovative waste conversion systems/facilities; and
c. Working through the City’s Economic Health and Environmental Services
Departments with regional businesses to:
i. Support by-product reuse within regional business clusters; and
ii. Help evaluate and assess the potential for industrial symbiosis in
Fort Collins and Northern Colorado.
Section 3. That the City Council hereby directs the City Manager to systematically
evaluate waste materials using Sustainable Materials Management (“SMM”) principles by:
a. Applying the U.S. Environmental Protection Agency’s newly emerging
SMM principles as part of a systems approach in order to evaluate and prioritize a
variety of new programs for the City to implement; and
b. Identifying specific sub-streams of materials being generated in the
community to evaluate optimal waste management systems and specific types of
technology to be developed.
Packet Pg. 189
- 3 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of October, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 190
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Lance Smith, Strategic Financial Planning Manager
Kevin Gertig, Utilities Executive Director
Mike Beckstead, Chief Financial Officer
Wendy Williams, Assistant City Manager
SUBJECT
Second Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power,
Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the
Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of 700
Wood Street.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 14, 2014, provides funding for the
construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well as renovation
of the existing Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000
with $4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be appropriated
with this ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (PDF)
2. Ordinance No. 137, 2014 (PDF)
Packet Pg. 191
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 14, 2014
City Council
STAFF
Lance Smith, Strategic Financial Planning Manager
Kevin Gertig, Utilities Executive Director
Mike Beckstead, Chief Financial Officer
Wendy Williams, Assistant City Manager
SUBJECT
Items Relating to the Construction of a New Utilities Administration Building and Renovation of 700 Wood
Street.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power,
Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the
Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of
700 Wood Street.
B. Resolution 2014-095 Directing the City Manager to Review Funding for Utilities Capital Improvements,
Including Utilities Plant Investment Fees and Other Related Matters, and Report the Results of that Review
for Further Council Consideration.
The purpose of this item is to provide funding for the construction of a new Utility Administration Building within
Block 32 on LaPorte Avenue, as well as renovation of the existing Utility Service Center at 700 Wood Street.
The total combined project costs are $23,411,000 with $4,500,000 already appropriated from Light and Power
reserves, leaving $18,911,000 to be appropriated with this ordinance.
A Utility Building Team comprised of internal staff and external subject matter experts has worked with the
architectural firm RNL and Adolfson and Peterson Construction to assess the best way to address the current
building performance and space issues facing Fort Collins Utilities’ ongoing and future business operations.
Balancing the city-wide goal to have high-performing office buildings with the need to be fiscally prudent has
led the Building Team to recommend the two-pronged funding process proposed in this appropriation
ordinance.
The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share the costs of
the projects. All appropriations will come from the existing reserves in these four funds.
A Resolution is also being presented directing staff to investigate the use of development fees for additional
types of capital needs such as facilities, modifying the information provided on customer utility bills to increase
transparency and to evaluate the long term rate impacts of capital improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENT 1
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 2
BACKGROUND / DISCUSSION
Staff has discussed this project twice previously within the last year with the City Council Finance Committee,
and with the whole City Council at its November 19, 2013 Work Session and most recently at the September
30, 2014 City Council Work Sessions, each time providing information regarding the Utility Service Center
(USC) at 700 Wood Street and the proposed Utility Administration Building (UAB).
During the September 30, 2014 Work Session, Council asked questions that required additional
research. The first Attachment is a historical timeline that identifies key dates and decisions related to
the recommended improvements to 700 Wood Street and the proposed new Utility Administration
Building. A Resolution is included that directs staff to:
1. investigate the options for modifying the Utilities development fees to fund additional types of capital
needs for the operation of Utilities, including administrative facilities and other facilities not currently
included, and to report the results of this investigation to the City Council no later than March 24, 2015;
2. investigate the options for modifying the Utilities billing system so as to increase the transparency
associated with Utilities capital expenses by including additional information on customer utility bills,
and to report the results of this investigation to the City Council no later than April 28, 2015;
3. evaluate the expected future rate impacts of funding the long-term capital improvements plans for
each of the Utilities, and to report the results of this evaluation to the City Council no later than April
28, 2015.
So far, the City of Fort Collins has spent $874,697 and encumbered another $1,413,159 under the
Capital Project 501.5010020000
Questions from September 30, 2014 Work Session
When did City Council authorize the use of funds to begin the design of a new building?
Answer: The City Council authorized the use of such funds in the 2008-09 City Budget. The attached pages
(Attachment 2) are taken from the 2008-09 Operating and Capital Improvement Budget documents which
reflect the budget approved by the City Council. The offer summary on page 58 of the Capital Improvement
Budget document describes the use of the $4,957,977 for “a capital project to replace the existing Light and
Power crew building, construct covered line truck parking, and to build a wash-down area for service
vehicles. Also included are Light and Power’s portion of the funds needed for energy improvements to the
existing service center and initial funds for the purchase of a new customer service center.” [emphasis
added]
Also attached (Attachment 3) please find the Agenda Item Summary and Ordinance No. 149, 2006, from the
September 19, 2006 City Council meeting authorizing the transfer of properties between the General Fund and
the Wastewater Fund. One of the properties being exchanged was the Police Annex on LaPorte for a future
Utilities Customer Information Services office.
How are Stormwater Capital Projects prioritized?
Utilities uses a long range Master Planning process to determine the Capital Project needs for the Stormwater
Enterprise. This is our guide for what is requested each cycle in the Budgeting for Outcomes process. As a
result of the Stormwater Repurposing work conducted from 2009-2012, this Master Planning process
incorporated a three pronged approach to project prioritization: (1) the existing flood protection and mitigation
ranking, (2), the addition of Stream Restoration/Rehabilitation funding, and (3) Unranked projects such as
cooperative projects, redevelopment, or Council directives. The amount of revenue requested each cycle
varies to allow the Stormwater Enterprise to build up the unappropriated reserves and fund larger multi-million
dollar projects in future years.
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 3
How did the Utility Administration Building fit into this prioritization?
The Utility Administration Building (UAB) would be funded under the third criteria – Unranked Redevelopment
Projects. The September 30, 2014 AIS regarding this item showed that the Stormwater Enterprise had
approximately $6.9M in unappropriated reserves (working capital) from which staff is requesting the use of
$2.9M for construction of the UAB.
How are Stormwater Reserve funds prioritized?
Utilities Master Planning process identifies unappropriated reserves to be requested in a future budget cycle
for the completion of the next highest priority projects, namely completion of the North East College Corridor
Outfall (NECCO), the Jefferson St/Lincoln St Drainage system to serve the River District, or the Magnolia St
Outfall the serve the southern portion of Old Town. The Mail Creek project is ranked as number 3 under the
second criteria – Stream Restoration/Rehabilitation. Based on our Master Planning process, we would request
funds in the 2017-18 BFO process to construct this project.
Council Options
Council certainly has the discretion to change the timing or amounts of any of these projects. Staff can provide
any requested information on how such change would impact the completion of the overall system needs.
The USC has grown through seven additions to its current 108,000 square foot capacity over the past 45
years. Key drivers that support the renovation of the USC and addition of a new building to house Customer
Service are:
Space needs – Space is in poor condition and inadequate for growing business operations necessary
to support current Fort Collins community service delivery expectations;
Energy Efficiency – The USC building is one of the least energy efficient buildings owned by the City;
HVAC system replacement and building envelop improvements are necessary;
Customer Service - Customer Service has been located in leased space for over 20 years; customer
parking is inadequate at current location.
Initially, to address the immediate need for additional crew space and to provide some funding for a new office
space for customer service, the Light and Power Enterprise Fund appropriated $4.5M. Recognizing ongoing
space needs will impact Fort Collins Utilities’ effectiveness to maintain current levels for customer service and
customer satisfaction in the near future, it was determined as far back as at least 2006 that it is highly
desirable to relocate several external customer-focused departments at a single location downtown. A
comparison of the costs associated with the USC addition to the costs of new construction led to the
recommendation of a more limited renovation at 700 Wood Street and building a new Utilities Administration
Building downtown as part of the development of Block 32 on LaPorte Avenue as discussed at the November
19, 2013 Work Session.
Capital projects are prioritized within each utility. Ten year capital improvement plans have been updated in
2014 for three of the four utilities with Light & Power scheduled for 2015. This project has the distinction
among capital projects of spanning all four utilities. While it is possible to build part of the buildings now to
meet the immediate needs of Light and Power and then part of it in a few years to meet the Water utility’s
anticipated space needs, and then later for Wastewater and Stormwater, such a piece mill approach is not
optimal. This infrastructure project will not require redeployment of utility staff from other capital projects to
complete. Based on historical and anticipated capital spending, staff anticipates that all other capital projects
will proceed as planned.
The ratepayers of the four utilities will benefit from this appropriation as this project provides:
Office space owned by the utilities to house the entire Customer Service department in a single
location thereby allowing for efficient and effective customer service
Adequate, more modern facilities for utility personnel to perform front office and back office duties
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 4
necessary to maintain and operate utility infrastructure to meet customer service level expectations
An opportunity for the utilities to demonstrate to the community how the City is meeting Green Building
initiatives
The vision for both the UAB construction and the USC renovation is one that will demonstrate how facilities
can serve as a model in environmental stewardship to the Fort Collins community. Sustainability for the 21st
Century is a defining focus of Utilities core services; delivering a level of service our customers expect and in
an environmentally and socially responsible way while making the best economic choices for the long-term.
The Building Team recommended the two projects be combined into one design and funding process in order
to align the vision and results of both projects and optimize economies of scale.
These projects present an excellent opportunity for Utilities to “walk the talk” by demonstrating best practices in
high performance new construction and retrofit projects. Based on energy studies at the USC and what is
being accomplished in new construction, it is proposed that these two facilities be designed to be “net zero
energy ready.” This means that the buildings will be designed and constructed to have very low energy use,
such that the addition of on-site renewable energy would result in net zero energy consumption on an annual
basis. The new UAB will achieve a LEED Gold certification at a minimum.
Utility Administration Building (UAB)
This new building would house the entire Customer Connections Department and some senior management of
Fort Collins Utilities. At 37,500 square feet, this building will meet the long term space requirements of the
Customer Connections department and administrative functions that would be relocated from the Utility
Service Center and space currently leased by Fort Collins Utilities from the City’s General Fund at 117 North
Mason. Space initially unused by Utility staff would be leased in this building to the City’s Sustainability
Services Area until it is needed by Fort Collins Utilities.
The construction of the 37,500 square foot Utility Administration Building is expected to cost $14.1M as shown
in the table below:
The $14.1M provides sufficient funding for the new construction and providing a rooftop solar photovoltaic
system to make the UAB at or near a Net Zero building. There may be an opportunity in the future to add a
ground source geo-thermal heat exchange system within Block 32 which would also improve the energy
efficiency of this building.
This appropriation request, however, does not provide sufficient funding to also install high efficiency fiberglass
windows, implement a ground source geothermal heat pump, or furnishings for an external plaza area. The
costs associated with these additional energy efficiency improvements are:
UAB Budget $14,100,000
Includes…
Capacity for staff through 2028
Water source heat pump system
Open office environment
LEED Gold certification
PV system on roof for Net Zero building
1% for Art in Public Places
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 5
Diagonal and parallel parking has been added along Howes Street increasing the number of spaces available
by 25 spaces between LaPorte Avenue and Cherry Street. Most of the employees who will be occupying this
building already work downtown at 117 North Mason. It is anticipated there will be 41 employees relocating
from 700 Wood Street to this building. Parking Services has indicated there is sufficient capacity in the parking
garages during business hours for these 41 employees.
Utility Service Center (USC)
The new building on LaPorte Avenue would relieve some of the space needs at the USC. However, there
remain operational needs which would best be met by also renovating the existing space at the USC. Such a
renovation would modify some existing space to meet the Light & Power crew needs as well as improve the
building’s security and energy efficiency. The current HVAC system is at the end of its life and will require
significant investment over the next few years even without this renovation. Incorporating the HVAC
investment into a more comprehensive renovation of the entire building envelope will substantially improve the
energy efficiency of the building.
The renovation of existing space at the USC is expected to cost $9.3M as shown in the table below:
The budget provides sufficient funding to fully address the Light & Power crew space needs, replace the
current HVAC system, renovate the entrance area, improve building security, and provide extensive building
envelope improvements. Building envelope improvements include replacing the current exterior windows,
repairing the existing skylights, and adding roof insulation. Making these improvements will result in a lower
cost HVAC system and long-term energy savings as well as move the building closer to being a net zero
energy building. There may be an opportunity in the future to add a ground sourced geo-thermal heat
exchange system within Block 32 that would improve the energy efficiency of this building even more.
This appropriation request, however, does not provide sufficient funding to also implement a geothermal heat
exchange system, remove existing interior walls to create an open office environment, acquire new furnishings
or provide a solar array to achieve net zero energy consumption. The costs associated with these additional
energy efficiency improvements are:
Additional Energy Efficiency Improvements Added Cost…
Install Alpen 725 Series fiberglass windows $220,000
Ground Source Geo-thermal system for heat pumps $300,000
Add additional site furnishings for exterior plaza area $120,000
$640,000
USC Budget $9,311,000
Includes…
L&P Crew Space
HVAC Replacement to water source heat pump
Renovated entrance area
Security Enhancements
Window replacement
Skylight repair & solatubes
Additional roof insulation
1% for Art in Public Places
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 6
The baseline budgets for both projects include all permit and development fees, deconstruction costs and
sufficient contingency funding for reasonable contingencies. Combining the two projects into the single
appropriation being requested herein of $18.9M includes the associated 1% appropriation for Art in Public
Places.
The appropriation request is allocated to the four utilities as follows:
A memorandum dated January 23, 2014 to the Council Finance Committee outlined the rationale behind
recommending that the appropriation be made from the cash reserves of the four utility Enterprise Funds
rather than through a debt issuance as had been previously discussed with the City Council. Funding with
available cash is preferred based on the collective healthy balance of the utility Enterprise Fund Reserves,
consistency with historical facility improvement funding, consistency with the City’s “pay as you go” philosophy,
the relatively low yield of these cash reserves compared to the current borrowing rate, and the complication of
issuing debt across the four utilities. Council Finance Committee was supportive of using cash at the January
27, 2014 committee meeting.
Additional Energy Efficiency Improvements Added Cost…
Lake GeoExchange system * $150,000
Open office environment, new finishes $2,300,000
PV system for Net Zero $2,000,000
$4,450,000
* Does not include lease agreement for access to the pond
Combined Projects Summary
Staff Recommendation for new UAB: $14,100,000
Staff Recommendation for USC Renovation: $9,311,000
Total Construction Budget $23,411,000
Less Prior Appropriation $4,500,000
Proposed Appropriation $18,911,000
Enterprise Fund
Project
Share
Share of Projects
Cost
Less Existing
Appropriation
Funds Being
Requested Here
Light & Power 50.0% $11,705,500 $4,500,000 $7,205,500
Water 25.0% $5,852,750 $5,852,750
Wastewater 12.5% $2,926,375 $2,926,375
Storm Drainage 12.5% $2,926,375 $2,926,375
100.0% $23,411,000 $4,500,000 $18,911,000
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Agenda Item 1
Item # 1 Page 7
FINANCIAL / ECONOMIC IMPACTS
The financial impact of this appropriation on the short term financial health of the four utility Enterprise Funds
will be to reduce the amount of unappropriated cash reserves held by each utility. These reserves are used for
capital projects associated with aging infrastructure replacement and renewal, growth, and new regulatory
requirements. The reserves grow through development fees and operating revenues in excess of actual
operating expenses. Higher than projected development fee revenues in 2013 allowed three of the four
utilities to increase reserves in 2013. The Water Enterprise Fund reserves decreased from $67.0M at the end
of 2012 to $65.5M through 2013. However, higher than budgeted development fees, along with additional
revenue from the sale of excess treatment capacity, should increase the working capital for the Water Fund by
$5-8M in 2014. No capital projects identified and submitted for consideration in the 2015-16 Budgets are being
impacted by this appropriation.
Plant Investment Fee Revenue
Chapter 26 of the City Code contains three sections that define the purpose for which PIF revenue can be
used. In summary, the Water, Wastewater and Stormwater PIFs are essentially “used for growth-related
capital expansion costs” related to operational facilities and infrastructure and not office facilities. Light and
Power fees cover the cost of extending infrastructure to the specific development that paid the fees.
Because office facility and building needs are not specifically included in any of the PIF calculations, based on
the stated purposes within the City Code, PIF revenues are not to be used to finance the construction of a new
UAB. Staff understood from the September 30th Work Session that Council may be interested in changing the
City Code to allow for PIF revenues to be used for such purposes in the future.
Reserve Balances
The table below summarizes the reserve balances for these Enterprise Funds at the end of 2013 and after this
appropriation.
Fort Collins Utilities has historically used cash reserves to fund facility improvements. The USC was initially
acquired and built using cash reserves and multiple remodels and additions have occurred over the past 45
years at a total cost of $18.2M with funding from cash reserves. Several of these expansions were funded
across multiple utilities when expansion needs occurred simultaneously.
Use of these reserves will not trigger a rate increase for customers of any of the four utilities. The projected
increases in Light and Power rates in 2015 and 2016 are driven entirely by the increased costs associated with
generating the power from Platte River Power Authority. The proposed rate increases of 3% in 2015 and 2016
in the Wastewater Enterprise Fund have been planned ahead of the decision to recommend this appropriation.
Enterprise Fund
Cash &
Investments
(12/31/13)
Available
Working Capital
(12/31/13)
Funds Being
Requested
Here
Available Working
Capital After This
Appropriation
Light & Power $55.3 $26.6 $7.2 $19.4
Water $65.5 $8.5 $5.8 $2.7
Wastewater $33.1 $17.8 $2.9 $14.9
Storm Drainage $17.2 $6.9 $2.9 $4.0
$171.1 $59.8 $18.9 $40.9
$ in millions
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 8
The increased revenues from the proposed increases to the Wastewater utility are consistent with the long
term financial requirements and strategic planning based on the 10 year capital improvement plan for this
utility. It is anticipated that gradual, moderate rate increases may be required for some of the utilities over the
next few years which may be delayed by a year or two without this appropriation but the need for any such rate
increase will persist even without the appropriation, as it is driven by a longer term perspective of revenue
requirements and capital project planning.
ENVIRONMENTAL IMPACTS
Currently, energy use at the USC is responsible for over 1,000 tons/year CO2e in greenhouse gas emissions.
With efficiency upgrades at the USC (envelope and HVAC improvements) and high performance design at the
UAB, energy modeling shows the combined emissions for the two buildings at 850 tons/year CO2e, lower than
current emissions at the USC alone. The addition of solar PV systems will further lower these emissions.
Attention to water efficient design elements at UAB will optimize water use inside and out.
Energy and water systems for the UAB are being designed in context with the future build-out of the Civic
Center complex. As such, the potential exists for developing campus-wide energy and water systems. For
example, heat pumps in the building will be able to tie into a campus wide GeoExchange well field to exchange
energy with the earth and adjacent buildings. PV systems on one building or a parking garage can share
energy with all Civic Center buildings, or possibly a larger energy district.
BOARD / COMMISSION RECOMMENDATION
At its August 7, 2014 meeting, the Energy Board (Attachment 7) unanimously approved the following motion:
“The Energy Board recommends to City Council approval of the Utility Buildings Appropriation
Ordinance scheduled for City Council First Reading on August 19, 2014 appropriating capital
project funding from the Light & Power, Water, Wastewater, and Stormwater Funds, for
construction of a new Utilities Administration Building at the corner of Laporte and Howes and
renovation of 700 Wood Street.”
At its August 21, 2014 meeting, the Water Board (Attachment 8), 2014 unanimously approved the following
motion:
“In response to Staff’s request for consideration of the Appropriation Ordinance regarding the
Utility Buildings Appropriation Ordinance, being presented to City Council on September 2,
2014, I move that the Water Board communicate to City Council that the expenditure proposed
does not appear to compromise Utilities’ financial position.
Based on the lack of information provided to the Board regarding needs, alternatives, and
implications, a lack of time to consider what has been presented, the Board cannot comment
on the wisdom of the course forward despite their trust in staff. Because this appropriation
was not part of the Budgeting for Outcomes process, the Water Board is concerned about the
lack of transparency in the public process.”
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 1
Item # 1 Page 9
ATTACHMENTS
1. Proposed Utilities Customer Service Building Timeline (PDF)
2. 2008-09 Operating and Capital Improvement Budget documents (PDF)
3. Agenda Item Summary and Ordinance No. 149, 2006, September 19, 2006 (PDF)
4. Council Finance Committe minutes, September 16, 2013 (PDF)
5. Council Finance Committee minutes, January 27, 2014 (PDF)
6. Staff Memo re: Building Funding - Cash vs. Bonds, January 23, 2014 (PDF)
7. Energy Board minutes, August 7, 2014 (draft) (PDF)
8. Water Board minutes, August 21, 2014 (draft) (PDF)
9. Triple Bottom Line Analysis (PDF)
10. Council Work Session Summary, November 19, 2013 (PDF)
11. November 19, 2013 Work Session Agenda Materials (PDF)
12. Powerpoint presentation (PDF)
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Attachment17.1: First Reading Agenda Item Summary, October 14, 2014 (w/o attachments) (2497 : SR 137 Utilities Building Appropriation)
- 1 -
ORDINANCE NO. 137, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES PROJECT FUNDING IN THE LIGHT AND
POWER, WATER, WASTEWATER, AND STORM DRAINAGE FUNDS, AND
AUTHORIZING THE TRANSFER OF APPROPRIATIONS TO THE CULTURAL
SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM,
FOR THE CONSTRUCTION OF A NEW UTILITIES ADMINISTRATION BUILDING IN
BLOCK 32 ON LAPORTE AVENUE AND A RENOVATION OF THE UTILITIES SERVICE
CENTER AT 700 WOOD STREET
WHEREAS, the Utility Service Center (USC) at 700 Wood Street has grown over its
lifetime through seven major additions to its current 108,000 square foot capacity, resulting in an
energy inefficient building that lacks sufficient security; and
WHEREAS, a new 37,500 square foot Utilities Administration Building (UAB), to be
located in Block 32 on LaPorte Avenue downtown, has been proposed to house the entire
Customer Connections Department and some senior management of Fort Collins Utilities,
satisfying the long term space requirements of the Customer Connections Department and
administrative functions to be relocated from the Utility Service Center and space currently
leased by Fort Collins Utilities from the City’s General Fund at 117 North Mason; and
WHEREAS, space initially unused by Utility staff in the UAB would also be leased to
the City’s Sustainability Services Area until it is needed by Fort Collins Utilities; and
WHEREAS, there remain operational needs for Utilities that would best be met by also
renovating the existing space at the USC, including modification of existing space to meet the
Light & Power crew needs, improving the building’s security and energy efficiency, and
replacing the current HVAC system, which is at the end of its life and its replacement will
substantially improve the energy efficiency of the building; and
WHEREAS, the total cost of the construction of the new UAB is $14,100,000; and
WHEREAS, the total cost of the renovation of the USC is $9,311,000, which includes
$4,500,000 previously appropriated in the 2011-2012 budget from Light & Power reserves to
address growth and space needs of the Electric Utility and $45,000 that was transferred to the
Cultural Services and Facilities Fund for the Art in Public Place (APP) projects; and
WHEREAS, of the total remaining $18,911,000 appropriation, $189,111 represents the
additional appropriation for the two projects that must be transferred into the Cultural Services
and Facilities Fund for the APP projects from the four utility funds; $41,604 (22%) of which will
be transferred to the Cultural Services Fund for reserve for the maintenance of the artwork and
operations of the APP program; and
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Attachment17.2: Ordinance No. 137, 2014 (2497 : SR 137 Utilities Building Appropriation)
- 2 -
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, 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.
WHEREAS, City staff recommends appropriating from prior year reserves in the Light &
Power Fund $7,205,500, the Water Fund $5,852,750, the Wastewater Fund $2,926,375, and the
Storm Drainage Fund $2,926,375 for a total amount of $18,911,000 to be used for the
construction of a new Utilities Administration Building in Block 32 on LaPorte Avenue, a
renovation of the Utilities Service Center at 700 Wood Street, and the required funding for Art in
Public Places.
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 Light & Power Fund the sum of $7,205,500 as follows:
New Utilities Administration Building and renovation of 700 Wood
Street Project
$7,133,445
Art in Public Places Project 72,055
TOTAL $7,205,500
Section 2. That there is hereby appropriated for expenditure from prior year reserves in
the Water Fund the sum of $5,852,750 as follows:
New Utilities Administration Building and renovation of 700 Wood
Street Project
$5,794,222
Art in Public Places Project 58,528
TOTAL $5,852,750
Section 3. That there is hereby appropriated for expenditure from prior year reserves in
the Wastewater Fund the sum of $2,926,375 as follows:
New Utilities Administration Building and renovation of 700 Wood
Street Project
$2,897,111
Art in Public Places Project 29,264
TOTAL $2,926,375
Section 4. That there is hereby appropriated for expenditure from prior year reserves in
the Storm Drainage Fund the sum of $2,926,375 as follows:
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Attachment17.2: Ordinance No. 137, 2014 (2497 : SR 137 Utilities Building Appropriation)
- 3 -
New Utilities Administration Building and renovation of 700 Wood
Street Project
$2,897,111
Art in Public Places Project 29,264
TOTAL $2,926,375
Section 5. That the unexpended appropriated amount of FORTY-ONE THOUSAND,
SIX HUNDRED AND FOUR DOLLARS ($41,604) is authorized for transfer in the Art in
Public Places Projects from the Light & Power, Water, Wastewater and Storm Drainage Funds to
the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Maintenance and Operations and transferred as follows:
Light & Power $15,852
Water 12,876
Wastewater 6,438
Storm Drainage 6,438
TOTAL $41,604
Introduced, considered favorably on first reading, and ordered published this 14th day of
October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment17.2: Ordinance No. 137, 2014 (2497 : SR 137 Utilities Building Appropriation)
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Lawrence Pollack, Budget & Performance Measurement Manager
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the Annual
Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning January 1, 2015,
and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015.
EXECUTIVE SUMMARY
The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance
sets the City Budget for the two-year period (2015–16) which becomes the City’s financial plan for the next two
fiscal years. This Ordinance sets the amount of $552,694,350 to be appropriated for fiscal year 2015.
Including the 2015 adopted budgets for the General Improvement District (GID) #1 of $1,193,565 and General
Improvement District (GID) #15 (Skyview) of $1,000 as well as the Urban Renewal Authority (URA) of
$2,408,457 the total City operated appropriations amount to $556,297,372.
This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
For the sixth time the City has used a budgeting process called Budgeting for Outcomes (BFO). This process
is a recommended best practice by the Government Finance Officers Association (GFOA). It is a systematic
process driven by goals and performance, to provide information that relates budgeting to planning and results.
Its purpose is to better align the services delivered by the City with the things that are most important to the
community.
The 2015-16 City Manager’s Recommended Budget was delivered to Council in August. The Recommended
Budget strengthens key services related to transportation, police, fire, parks and recreation and other
community priorities such as the environment, economic development and social sustainability, delivering on
the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010. The
budget reflects community needs and council priorities as identified in the 2014 Strategic Plan.
City Council reviewed the Recommended Budget during four Council Work Sessions. In addition, citizens have
been able to provide input to Councilmembers through two public hearings. From these discussions and
additional information provided by staff, City Council has provided direction and guidance for changes to be
incorporated into 1st reading of the 2015-16 Biennial Budget. The following table summarizes the Offers not
originally included in the Recommended Budget.
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Agenda Item 18
Item # 18 Page 2
Outcome Offers Funded per Council Direction 2015 2016 Funding Sources
CNL 17.1 - Green Street Implementation: Remington Greenway Extension $150 $0 GF - One Time Revenue
CNL 101.4 - Additional Medians and Streetscapes Maintenance 200 200 GF - Reserves
C&R 22.1 - Trees along Paved Recreational Trails 95 30 Con Trust - Reduced Offer 8.1
C&R 83.6 - Poudre School District (PSD) After School Enrichment 70 70 GF - One Time Revenue
C&R 160.7 - EPIC Pool Improvements (previously in BOB 2.0) 1,500 0 GF - Reserves
ECON 46.15 - Support CSU Ventures - Advanced Industries Proof of Concept Prog. 50 50 GF - One Time Revenue
ECON 46.17 - Fort Collins Public Access Network Expanded Support 40 40 KFCG Other Comm. - Reserves
ECON 46.7 - Support Larimer Small Business Development Center 40 40 GF - One Time Revenue
ECON 100.6 - Downtown Bathrooms (previously in BOB 2.0) 350 0 GF - Reserves
ECON 62.X - Alta Vista Sub-area Plan 40 0 GF - Reserves
ENVIRO 47.7 - Enviro Planner & Meeting the Challenge of Zero Waste - 0.5 FTE 53 51 GF - Ongoing
ENVIRO 47.9 - Municipal Sustainability Projects - Green to Gold 20 20 GF - Reserves
ENVIRO 174.1 - Advanced Waste Stream Optimization 58 350 GF - Ongoing & Res./Utility Res.
SAFE 42.4 - Environmental Project Consultant for Stormwater Projects 0 0 Not Applicable
TRANS 2.18 - Bicycle Infrastructure Investments 75 75 GF - Reserves
TRANS 25.24 - MAX/BRT Snow Removal 200 200 GF - Ongoing
TRANS 141.1 - Transportation Air Quality Impacts Guidance Manual 35 10 GF - Reserves
TRANS 165.3 - Safe Routes to School Strategic Traffic Infrastructure Program 100 100 GF - Ongoing
TRANS 169.3 - W. Elizabeth Enhanced Travel Corridor Master Plan (previously 18.3) 300 0 GF - Reserves
HPG 49.3 - Grant Development Specialist - 1.0 FTE 84 84 GF - Ongoing
HPG 53.2 - Telling our Story Offer Video Outreach 35 35 GF - Ongoing
$3,495 $1,355
Note: $ in thousands and GF = General Fund
To fund these Offers requires a combination of funding sources. The first prudent place to evaluate is Offers
that have a lower priority from Council’s perspective and, thus, should not be funded or should have the
amount reduced. The table below lists Offers that were eliminated or modified.
Eliminations and Modifications 2015 Amount 2016 Amount
Offers Unfunded per Council Direction
- 46.3 Economic Health Reserve Fund $ (50) $ (50)
- 106.2 USA Pro Cycling Challenge (50) -
Offers Reduced per Council Direction
17.1 - Green Street Implementation: Remington Greenway Extension (180) (500)
8.1: Paved Recreational Trail Development (95) (30)
46.17 - Fort Collins Public Access Network Expanded Support (10) (10)
47.9 - Municipal Sustainability Projects - Green to Gold (80) (30)
2.18 - Bicycle Infrastructure Investments (45) (45)
53.2: KFCG ENHANCEMENT: Telling Our Stories Strategic Video (100) (96)
63.6: ENHANCEMENT: On-Street Pay Parking 50 (750)
Total Eliminations and Modifications $ (560) $ (1,511)
Note: $ in thousands
The gap between Offers funded per Council direction and Offers eliminated or modified is addressed by other
funding sources. As the table below indicates, the gap was addressed through increased use of General Fund
one-time revenue, reserves, increased 2015-16 Sales Tax projections, and a small amount of other funding.
The increase of the Sales Tax forecast is based on the strong results we continue to see through the end of
the third quarter of 2014 and the increased base upon which the 2015 and 2016 forecasts are based. Some of
the Offers, either unfunded or modified, offset the need for additional funding.
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Agenda Item 18
Item # 18 Page 3
Changes to Funding Assumptions 2015 Amount 2016 Amount
- Use of General Fund 1-time Funding & Reserves 2,830 715
- Use of Increased Sales Tax Forecast 472 470
- Other 193 170
Utilized Changes to Funding Assumptions $ 3,495 $ 1,355
This annual Appropriation Ordinance sets the amount of $552,694,350 to be appropriated for fiscal year 2015.
Including the 2015 adopted budgets for the General Improvement District (GID) No.1 of $1,193,565 and
General Improvement District (GID) No. 15 (Skyview) of $1,000 as well as the Urban Renewal Authority (URA)
of $2,408,457 the total City operated appropriations amount to $556,297,372. Below is a summary of the
proposed 2015-16 City budget:
City Budget (in $ million) Adopted 2015 Adopted 2016
Operations $490.0 $477.8
Debt Service 21.2 21.4
Capital 45.1 36.2
Total City Operated Appropriations * $556.3 $535.4
Less General Improvement District (GID) No.1 (1.2) (0.2)
Less General Improvement District (GID) No. 15 (Skyview)** (0.0) (0.0)
Less Urban Renewal Authority (URA) (2.4) (4.9)
Total City of Fort Collins Appropriation $552.7 $530.3
* This includes GID No. 1, Skyview South GID No. 15 and URA which are appropriated in separate
ordinances
** The appropriation for Skyview South GID No. 15 is $1,000 which rounds to $0 in millions
FINANCIAL / ECONOMIC IMPACTS
This Ordinance sets the annual appropriation for fiscal year 2015 in the amount of $552,694,350. The
Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991.
ENVIRONMENTAL IMPACTS
The Budget contains multiple offers that will have positive environmental impacts, particularly those funded by
the Environmental Health Result Area.
PUBLIC OUTREACH
In preparation for First Reading of the 2015-16 Budget, City Council held two public hearings. Additionally,
during the budget development, there were 2 citizens on each BFO Teams; as well as significant public
outreach conducted to gather citizen feedback from a broad demographic of our community. During a 6-week
period, over 20 community events or meetings were conducted at locations across the City. Additional input
was obtained from online tools. All data was then shared with the BFO Teams to assist with their evaluation of
Offers.
ATTACHMENTS
1. BFO Letters for Council (PDF)
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Council Appointed Boards & Commissions
Affordable Housing Board ...............................1
Air Quality Advisory Board ...........................2-4
Downtown Development Authority ................5-6
Energy Board ..................................................7
Fort Collins Housing Authority .........................8
Human Relations Commission ........................9
Natural Resources Advisory Board .................10
Parking Advisory Board ............................11-12
Parks & Recreation Board .............................13
Planning and Zoning Board ....................14-15
Transportation Board ...............................16-18
Water Board .............................................19-22
Community Organizations
CanDo University of Colorado Health .......23-35
Downtown Fort Collins
Business Association ....................................36
Foothills Gateway ....................................37-38
Old Town North HOA Board .......................39-40
BFO Letters for Council
ATTACHMENT 1
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
To: Fort Collins City Council
From: Troy Jones, Chairman, Affordable Housing Board (AHB)
Date: 10/7/2014
Re: BFO Items 48.1 and 48.8 - City Budget for Affordable Housing
At our October 2, 2014 Affordable Housing Board meeting, the board voted 7-0 to support the
funding of item 48.8 on the Budgeting For Outcomes (BFO) consideration list, the $200,000
Enhancement to Affordable Housing Fund, with the following clarification offered by the board:
The AHB acknowledges that all city departments necessarily had to tighten their belts
when the recent economic downturn so drastically affected our City’s budget, and
therefore, when the City’s contribution to the Affordable Housing Fund (AHF) went from
a high of $883,962 in 2002, to a 2014 budget of $333,047, we on the AHB understood
why such a reduction was necessary. As you know, a lot of positive things have happened
to the economy since the 2013-2014 budget cycle was approved, and we are so happy to
see that City is finally in a position to have a little more money in the coffers to work
with. We at the AHB are happy to see that the Council will be considering increasing the
AHF by $200,000 for both 2015 and 2016, and we would like to whole heartedly support
the inclusion of this item in the current budget cycle. We do, however, want to take this
opportunity to suggest that as the City’s financial picture continues to improve, that
Council might be well served to strive toward the goal of substantially increasing the
City’s contribution to the AHF in the very near future. Furthermore, the AHB would like
to suggest , that because the Fort Collins citizens identified affordable housing as their
most critical issue in the 2013 Citizen Survey, we would like to encourage the Council to
consider adopting a goal to meet and even exceed the 2002 level of AHF funding as soon
as possible.
Additionally, the Affordable Housing Board acknowledges the important work of the Social
Sustainability Department and supports their on-going budget offer for current programs and
services, item 48.1.
Thank you for your consideration on these items.
Sincerely,
Troy W. Jones
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
Environmental Services
215 North Mason
PO Box 580
Fort Collins, CO 80522
970.221.6600
970.224.6177 Fax
fcgov.com/environmental services
MEMORANDUM
DATE: July 30, 2014
TO: Budget Lead Team
CC: Lawrence Pollack, Budget and Performance Measurement Manager
Michael Beckstead, Chief Financial Officer
Ross Cunniff, Council Liaison to AQAB
FROM: Tom Moore, Chair
Air Quality Advisory Board
RE: 2015-2016 BFO Process and Proposed Offers
The Air Quality Advisory Board (AQAB) welcomes the opportunity provided by the City
Council to provide input to the Budget Lead Team and inform the development of the 2015-16
budget that the Team will propose to the Council.
At our July 21, 2014 meeting, the AQAB reviewed the budget enhancement offers that we felt
were the most likely offers to have an impact on air quality. The AQAB subsequently voted 6 to
0 to approve this memorandum to identify priority offers which we recommend the Budget Lead
Team address and include as it develops a proposed budget.
To begin with, the AQAB believes that the entire budgeting process – and not just the review of
specific budget enhancement offers – should proceed with an eye toward serious, ongoing air
quality issues that substantially impact the health, economic well-being, and quality of life of
Fort Collins residents, businesses, and visitors. The AQAB is concerned that air quality in
Colorado’s northern Front Range, including in the City of Fort Collins, currently fails to meet
National Ambient Air Quality Standards (NAAQS). In particular, air quality monitors within the
City limits continue to register “exceedances” of the 75 parts per billion (ppb) NAAQS for ozone
pollution (aka “smog”).
Although we believe City leaders are well aware of our city’s current “nonattainment” status for
ozone pollution, they may not be aware that the United States Environmental Protection Agency
(EPA) is under a court order to decide by December 1, 2014 whether to propose revisions to the
Ozone NAAQS. EPA’s decision will be informed by the findings of an independent Clean Air
Scientific Advisory Committee (CASAC). On June 26, 2014, CASAC sent a letter to the EPA
Administrator advising EPA that, “based on the scientific evidence, a level of 70 ppb provides
little margin of safety for the protection of public health... Thus, our policy advice is to set the
level of the standard lower than 70 ppb within a range down to 60 ppb.”
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
The AQAB recognizes that ozone pollution is a regional problem that is not entirely caused by,
and cannot be completely solved by, activities that occur in Fort Collins. However, given the
strong evidence that the ozone standard which our City already exceeds is not protecting public
health with an adequate margin of safety, and the distinct possibility that federal regulatory
requirements may be made even more stringent in the future, the AQAB feels that the City of
Fort Collins should refrain to the greatest possible extent from including in its budget any public
investments or expenditures that will directly or indirectly increase air pollution, particularly the
types of pollution that contribute to smog (e.g., motor vehicle emissions).
We recommend that the City enhance its investments in infrastructure and programs that directly
or indirectly reduce air pollution. Foremost among those investments should be those that reduce
emissions from the City’s own infrastructure projects, equipment, and operations. We can’t
control everything, but it makes sense to control what we can. In particular, transportation-
related actions which lead to fewer and cleaner motor vehicle trips will reduce ozone-forming
emissions and reduce greenhouse gas emissions. The AQAB also wishes to express a strong
preference for direct action over additional planning activities.
With those over-arching recommendations in mind, the AQAB offers its support for the
following budget offers (sorted by offer #, not priority):
• (8.1) Paved Recreational Trail Development: These trails encourage greater use of
bicycles as a transportation alternative and thus reduce emissions. It will also enable travel
that exposes riders to less vehicle exhaust.
• (17.1) KFCG Green Street Implementation Project: The AQAB feels that the value of this
approach is as yet unproven but is worthy of testing/demonstrating. If successful, it will
encourage greater use of bicycles as a transportation alternative to vehicles and thus reduce
emissions.
• (25.1) Alleys Improvement Program: This program would directly reduce fugitive dust
emissions in densely developed neighborhoods.
• (47.4) Healthy Sustainable Homes Program Expansion: This program is a proven success
and directly addresses indoor air quality, which can have even greater impacts on public
health than outdoor air quality.
• (47.11) Air Quality Program Support: The AQAB has first-hand experience with the
unforeseeable nature of air quality programs and appreciates the need for City staff to have
more resources at their disposal to address urgent, unforeseen air quality issues without
detracting from important planned and ongoing work.
• (47.13) KFCG Municipal Energy Efficiency Fund: The AQAB feels that this program is
especially important because it can directly reduce emissions from buildings (mostly due to
natural gas space heating), indirectly reduce power plant emissions by reducing electricity
demand, and do so in a way that reduces the long term energy bills for City operations.
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
• (47.16) Regional Air Quality Council: Fort Collins needs to be part of regional air quality
discussions. This is the forum for those discussions and we need to fund this to have a seat at
the table.
• (59.2) Utilities Community Renewables: This is another example of our preference for
action over planning. This offer would accelerate the deployment of renewables that can
indirectly reduce emissions from regional fossil fuel power plants.
• (63.6) 1.0 FTE - Program Manager, On-Street Pay Parking: The AQAB feels that
parking in congested parts of the City is provided as a public service but it should be paid for
by users. Free parking encourages the use of vehicles for short trips that could be taken via
alternative, less polluting modes of transportation.
• (141.1) Transportation Air Quality Impacts Guidance Manual: This has been a high
priority for the AQAB for some time. When our Board hears presentations about
transportation projects, the presenters are invariably unable to discuss the expected air quality
impacts in anything other than vague, qualitative terms. We believe it is essential for City
staff to develop the ability to assess transportation air quality impacts in a more rigorous and
(ideally) quantitative way.
The items listed above were identified by the AQAB as high priority items. The Board at this
time is not taking a position in support or opposition to any other budget offers.
If you have any questions concerning the AQAB’s recommendations, please don’t hesitate to
contact me at 970.988.4055 or tmoore@westar.org. We appreciate the opportunity from the
Council to provide input to the Budget Lead Team input and look forward to continued public
discussion of the City’s budget and priorities.
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
Agenda Item #1
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
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Attachment18.1: BFO Letters for Council (2505 : 2015 Annual Appropriation AIS)
The Natural Resources Advisory Board has discussed the preliminary proposals
that have been submitted to the Budgeting for Outcomes process and would like
to endorse the following offers:
148.2 NISP Analysis
148.4 In-stream Flow Specialist
21.1 Downtown Poudre Project
47.8 Integrated Pest Manager
47.5 Phase 2 of Integrated Recycling Facility
47.6 Regional Organics Transfer Station
47.7 Zero Waste Planning Staff
148.1 Poudre River Restoration
22.1 Trees Along Paved Recreation Trails
47.2 Climate Adaptation Planning
120.1 Sustainable Theatrical Lighting
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!
From: Mike Short [mailto:mike@downtownfortcollins.com]
Sent: Tuesday, October 14, 2014 10:35 AM
To: City Leaders
Subject: BFO offers affecting Downtown
Dear Mayor, City Manager, and City Council members,
As a representative of the Downtown Fort Collins Business Association, we endorse the
inclusion of the following BFO offers into the final 2015/2016 Budget:
Program Manager for On-Street Pay Parking
Daytime Specialized Police Resources
Poudre River Downtown Project
General Improvement District Old Town Square
We believe that these initiatives will greatly enhance the success of Downtown and member
businesses and will ultimately enrich the quality of life for every member of the Fort Collins
community.
Please feel free to call me with any questions at 970-372-8800.
Thank you for your support of Downtown.
Sincerely,
Michael Short
Executive Director
Downtown Fort Collins Business Association
--
Michael Short
Downtown Fort Collins Business Association
19 Old Town Square Suite 230
Fort Collins, Colorado 80524
Phone (970)484-6500
Direct (970)419-4384
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Old Town North HOA Board
749 Jerome Street
Fort Collins, CO 80524
970-482-1014
August 15, 2014
Dear Mr. Overbeck, Madame Mayor, and Fellow City Council Members,
We represent the community of Old Town North Homeowners Association, and are writing in
support of the current Draft Plan for significant improvements along the Poudre River. Of
particular interest to us is the section closest to our neighborhood, Reach 3 of the Draft Plan.
We feel these improvements would have a major, positive impact and broad benefit to the
city, the downtown area, and the residents in our area’s new and old neighborhoods.
We would like to encourage the initiation of Reach 3’s first stage, the removal of the Coy
Ditch diversion, narrowing and deepening the channel, as well as providing improved access
to the water. These improvements will reinforce the North College Sub Area Plan by
softening the perceived barrier between Old Town and the North College Area. These
improvements would have the added benefit of providing flood mitigation for the area.
Thankfully, our homes have survived the recent Poudre River flooding in part due to the city’s
$10 million investment in the Dry Creek Drainage Improvement project. We see the
proposed improvements for Reach 3 (and 4) as a continuation of the 2004 vision that spurred
that investment.
With the flood mitigation, the vision for an urban river park east of College between Vine and
the river has potential to be realized. We understand the business owners along this reach
would be willing to relocate, provided they are given alternate facilities, as the city has
suggested.
These river improvements would have a significant impact on commercial and residential
development in the blighted North College Area. Since Old Town North’s original developer’s
bankruptcy, primarily two new developers are purchasing and building on the properties in
the neighborhood. FR plans to build out most of the single-family residential lots by 2015.
RMH has acquired most of the commercial property and several residential lots. RMH is
considering expanding commercial acquisitions beyond the property, west to College, so they
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can develop a compatible commercial “front door” to Old Town North. The vision includes
denser commercial along College and mixed use (similar to Penny Flats) along the new
east/west streets as proposed in the city’s subarea plan that would connect our
neighborhood to College Avenue. We are optimistic that the Reach 3 river improvements will
further motivate developers to invest in North College, accelerating it’s transformation into a
destination community near downtown.
Lastly, the pedestrian bridge in Reach 3 would provide an important link to the Poudre trail
for all the north Fort Collins bike commuters and would further support north Fort Collins
development.
Thank you for your time. Please let us know if we can do anything to help promote the
initiation of renovations to the river, especially in Reach 3.
Sincerely,
OTN Homeowners Association Board of Directors
Jim Beal
Christine Dianni
Michael Bello
David Jones
Todd Parker
Andrew Rauch
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ORDINANCE NO. 153, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING THE ANNUAL APPROPRIATION ORDINANCE
RELATING TO THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2015; ADOPTING THE BUDGET FOR
THE FISCAL YEARS BEGINNING JANUARY 1, 2015, AND ENDING
DECEMBER 31, 2016; AND FIXING THE MILL LEVY FOR FISCAL YEAR 2015
WHEREAS, the City Manager has, prior to the first Monday in September, 2014,
submitted to the City Council a proposed budget for the next ensuing budget term, along with an
explanatory and complete financial plan for each fund of the City, pursuant to the provisions of
Article V, Section 2, of the City Charter; and
WHEREAS, within ten days after the filing of said budget estimate, the City Council set
September 23rd and October 7th, 2014, as the dates for the public hearings thereon and caused
notice of such public hearings to be given by publication pursuant to Article V, Section 3, of the
City Charter; and
WHEREAS, the public hearings were held on those dates and persons were given the
opportunity to appear and object to any or all items and estimates in the proposed budget; and
WHEREAS, Article V, Section 4, of the City Charter requires that, before the last day of
November of each fiscal year, the City Council adopt the budget for the ensuing term by
ordinance and appropriate such sums of money as the Council deems necessary to defray all
expenditures of the City during the ensuing fiscal year; and
WHEREAS, Article V, Section 5, of the City Charter provides that the annual
appropriation ordinance shall also fix the tax levy upon each dollar of the assessed valuation of
all taxable property within the City, such levy representing the amount of taxes for City purposes
necessary to provide for payment during the ensuing fiscal year for all properly authorized
expenditures to be incurred by the City; and
WHEREAS, Article XII, Section 6, of the City Charter permits the City Council to fix,
establish, maintain, and provide for the collection of such rates, fees, or charges for water and
electricity, and for other utility services furnished by the City as will produce revenues sufficient
to pay into the General Fund in lieu of taxes on account of the City-owned utilities such amount
as may be established by City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Budget
a. That the City Council has reviewed the City Manager's 2015-2016
Recommended Budget, a copy of which is on file with the office of the City
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Clerk, and has approved certain amendments thereto.
b. That the City Manager’s 2015-2016 Recommended Budget, as amended
by the Council, is hereby adopted, in accordance with the provisions of Article V,
Section 4, of the City Charter and incorporated herein by reference; provided,
however, that the comparative figures contained in the adopted budget may be
subsequently revised as deemed necessary by the City Manager to reflect actual
revenues and expenditures for the fiscal year 2014.
c. That the adopted budget, as amended, shall be maintained in the office of
the City Clerk and identified as "The Budget for the City of Fort Collins for the
Fiscal Years Ending December 31, 2015, and December 31, 2016, as Adopted by
the City Council on November 18, 2014."
Section 2. Appropriations. That there is hereby appropriated out of the revenues of
the City of Fort Collins, for the fiscal year beginning January 1, 2015, and ending December 31,
2015, the sum of FIVE HUNDRED FIFTY TWO MILLION SIX HUNDRED NINETY FOUR
THOUSAND THREE HUNDRED FIFTY DOLLARS ($552,694,350) to be raised by taxation
and otherwise, which sum is deemed by the City Council to be necessary to defray all
expenditures of the City during said budget year, to be divided and appropriated for the
following purposes, to wit:
GENERAL FUND $129,738,228
ENTERPRISE FUNDS
Golf $3,246,424
Light & Power
Operating Total $132,127,984
Capital Projects:
Art in Public Places 87,642
Computerized Maintenance Mgmt System 163,000
Emergency Operations Center 18,750
Utilities Vehicle Storage Building 1,868,614
Capital Projects Total 2,138,006
Total Light & Power $134,265,990
Storm Drainage
Operating Total $11,272,324
Capital Projects:
Art in Public Places 47,636
Computerized Maintenance Mgmt System 40,750
Cooper Slough and Boxelder Basins 330,000
Crushing & Recycling Facility 100,000
Emergency Operations Center 18,750
Stormwater Basin Improvements 3,500,000
Stormwater Developer Repayments 100,000
Stormwater Drainage System Improvements 360,000
Stormwater Master Planning 275,000
Stream Restoration 650,000
Utilities Vehicle Storage Building 253,593
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Capital Projects Total 5,675,729
Total Storm Drainage $16,948,053
Wastewater
Operating Total $18,000,232
Capital Projects:
Art in Public Places 74,456
Computerized Maintenance Mgmt System 40,750
Crushing & Recycling Facility 75,000
Drake Water Reclamation Facility Improvements 5,400,000
Emergency Operations Center 18,750
Utilities Vehicle Storage Building 253,593
Wastewater Collection System Replacement 1,492,000
Water Reclamation Facility Replacement 300,000
Capital Projects Total 7,654,549
Total Wastewater $25,654,781
Water
Operating Total $26,289,608
Capital Projects:
Art in Public Places 44,298
Chlorine Contact Basin 1,000,000
Computerized Maintenance Mgmt System 81,500
Crushing & Recycling Facility 125,000
Emergency Operations Center 18,750
Utilities Vehicle Storage Building 253,593
Water Distribution System Replacement 500,000
Water Meter Replacement & Rehabilitation 800,000
Water Production - Energy Optimization 285,000
Water Production Replacement Program 1,091,205
Water Source of Supply Replacements 500,000
Capital Projects Total 4,699,346
Total Water $30,988,954
TOTAL ENTERPRISE FUNDS $211,104,202
INTERNAL SERVICE FUNDS
Benefits $24,429,049
Data & Communications 9,125,113
Equipment 11,566,546
Self Insurance 3,405,515
Utility Customer Service & Administration 17,197,847
TOTAL INTERNAL SERVICE FUNDS $65,724,070
SPECIAL REVENUE & DEBT SERVICE FUNDS
Capital Improvement Expansion $9,135,412
Capital Leasing Corporation 4,636,235
Cemeteries 645,940
Cultural Services & Facilities
Operating Total $3,933,058
Capital Projects - Art in Public Places 162,016
Total Cultural Services & Facilities $4,095,074
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General Employees' Retirement $3,827,763
Keeping Fort Collins Great
Operating Total $22,838,192
Capital Projects:
City Bridge Program 2,022,700
Lincoln Neighborhood Projects 380,000
Mulberry Bridge Urban Design 750,000
Pedestrian Sidewalk & ADA Improvements 150,000
Vine & Lemay Intersection 500,000
Capital Projects Total 3,802,700
Total Keeping Fort Collins Great $26,640,892
Museum $1,038,186
Natural Areas 11,147,489
Parking 2,523,660
Perpetual Care 17,428
Recreation 6,667,881
Sales & Use Tax 14,098,200
Street Oversizing 2,636,576
Timberline/Prospect SID 56,000
Transit Services 13,562,429
Transportation Services 24,444,203
SPECIAL REVENUE & DEBT $125,173,368
SERVICE FUNDS
CAPITAL PROJECTS FUND
General City Capital Projects:
Arthur Ditch Master Plan Alternative Analysis $185,000
City Bridge Program 277,300
Community Recycling Facility 1,000,000
Downtown Poudre River Improvements 1,000,000
Epic Pool Improvements 1,500,000
Green Street Implementation 150,000
Linden Street - Walnut to Jefferson 300,000
Northeast Community Park 250,000
Oak Street Public Restroom Replacement 350,000
Railroad Crossing Replacement 150,000
Southeast Community Park 7,900,000
Total General City Capital Projects $13,062,300
1/4 Cent Building on Basics
Operating - Administrative Charge $59,900
Capital Projects:
Bicycle Plan Implementation 125,000
Intersection Improvements & Traffic Signals 2,220,000
Park Improvements 1,703,622
Pedestrian Sidewalk and ADA Improvements 300,000
Capital Projects Total 4,348,622
Total 1/4 Cent Building on Basics $4,408,522
Conservation Trust
Operating Total - Administration & Parks Maint $275,649
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Capital Projects:
Trail Acquisition/Development 1,191,694
Capital Projects Total 1,191,694
Total Conservation Trust $1,467,343
Neighborhood Parkland Fund
Operating Total - Administration $488,317
Capital Projects:
Golden Meadows Park 250,000
Lee Martinez Park Improvements 350,000
New Park Site Development 100,000
New Site Acquisition 320,000
Side Hill Neighborhood Park 200,000
Trailhead Park 8,000
Waterfield Nieghborhood Park 300,000
Capital Projects Total 1,528,000
Total Neighborhood Parkland $2,016,317
TOTAL CAPITAL PROJECTS FUNDS $20,954,482
TOTAL CITY FUNDS $552,694,350
Section 3. Mill Levy
a. That the 2015 mill levy rate for the taxation upon each dollar of the assessed
valuation of all the taxable property within the City of Fort Collins as of December 31, 2014,
shall be 9.797 mills, which levy represents the amount of taxes for City purposes necessary to
provide for payment during the aforementioned budget year of all properly authorized
expenditures to be incurred by the City.
b. That the City Clerk shall certify this levy of 9.797 mills to the County Assessor
and the Board of Commissioners of Larimer County, Colorado, in accordance with the
applicable provisions of law, as required by Article V, Section 5, of the Charter of the City of
Fort Collins.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 18th day of November, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Lance Smith, Strategic Financial Planning Manager
SUBJECT
Items Relating to Utility Rates, Fees and Charges for 2015.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric
Rates, Fees and Charges.
B. First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric
Development Fees and Charges.
C. First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater
Rates, Fees, and Charges.
The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one Ordinance
adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015 City Budget includes
small rate increases in the electric and wastewater utilities. The 1.9% electric rate increase is necessary due
to increased operation and maintenance costs associated with the generation and transmission of the energy.
The 3.0% wastewater rate increase is necessary to meet long term capital improvement needs due to
anticipated regulatory changes and aging infrastructure.
2015 Proposed Rate Adjustments
Utility
Proposed
Adjustment
Development Fees
to Be Adjusted?
Electric 1.9% Yes
Water - -
Wastewater 3.0% -
Stormwater - -
The table above shows the overall changes in the operational revenues for each utility due to the proposed
rate increases. In the discussion below the rate class specific adjustments are given for electric service. The
proposed wastewater rate increase would be the same for all rate classes based on the wastewater cost of
service study adjustments which were made for 2014.
Electric development fee changes are proposed due to changes in material costs. Water and wastewater plant
investment fees were updated for 2014 and will not be updated again until 2016.
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Agenda Item 20
Item # 20 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
A. Proposed Monthly Utility Rate Adjustments
The recommended 2015 rate changes are consistent with the City Manager’s Recommended 2015-16 Budget.
Individual customer changes will vary by rate class and season for electricity rates and be the same for all
wastewater customers. All proposed rates would be effective for meter readings on or after January 1, 2015.
Electric Rates - First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to
Revise Electric Rates, Fees and Charges.
Staff proposes a 1.9% increase in electric rates. This increase is due to Platte River Power Authority passing
on higher operation costs associated with the generation and transmission of electricity. Fuel costs are
expected to increase and there will be 60 MW of new wind power added to the base generation portfolio. The
increased costs for purchased power are passed through to all customer classes in the energy charge of each
rate schedule with no change in the associated demand charges. In addition, the 2015 increase varies by rate
class to reflect the updated Cost of Service Study. The significant decrease in the residential demand rate is
attributable to the changing demographics of this rate class following a change in the City Code in 2013
making this rate class available only to all electric households and the availability of actual customer demand
data through the Advanced Metering Infrastructure for the 2014 Cost of Service Study. This new data is also
behind the cost shift seen in the chart between the small and medium commercial rate classes which had been
a single rate class until 2012. The Advanced Metering Infrastructure has decreased the cost of meter reading,
which is reflected in lower fixed charges for the commercial rate classes. The following graph shows the
proposed retail rate change for each customer class.
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Agenda Item 20
Item # 20 Page 3
Wastewater Rates - First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to
Revise Wastewater Rates, Fees, and Charges.
The 3.0% overall rate increase being proposed here for wastewater is necessary to ensure sufficient revenues
are being collected for the long term capital costs associated with renewing the wastewater collection system
and anticipated treatment plant modifications that will be necessary due to changing regulatory requirements in
the near future. The City Manager’s Recommended 2015-16 Budget includes these higher capital investments
and the rate increase proposed herein. The Cost of Service Study was updated for 2014 so the proposed
3.0% increase will be consistent across all rate classes in 2015.
Water Rates
No changes are being proposed for 2015 water monthly rates.
Stormwater Rates
No changes are being proposed for 2015 stormwater monthly rates.
B. Proposed Utility Development Fee Changes
Electric Development Fees - First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the
City Code to Revise Electric Development Fees and Charges
The annual review of the Electric Development Fees indicates that small fee adjustments are necessary to
ensure that development costs are reimbursed fairly and fully by development in 2015.
Current 2014 Proposed 2015 $ Change % Change
$3,366 $3,389 $23 0.68%
Current 2014 Proposed 2015 $ Change % Change
$32,895 $32,624 ($271) -0.82%
Single Family Lot
8,600 square feet, 70 feet of street frontage, 150 amp service, 4/0 secondary service
Model Commercial Development
82,000 sq feet, 190 ft of street frontage, 250 ft primary service, 600 amps, 208 Volt, 3-phase, 1 transformer
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Agenda Item 20
Item # 20 Page 4
Category 2014 2015 % Change
Per square foot $ 0.05036 $ 0.05121 1.7%
Per lineal front foot $ 10.35 $ 10.36 0.1%
150 amp Single Family
(non electric heat)
200 amp Single Family
(electric heat 150 amp)
150 amp Multi-Family
(non electric heat)
200 amp Multi-Family
(electric heat 150 amp)
1/0 $ 672 $ 680 1.2%
4/0 $ 810 $ 819 1.1%
350 kCM $ 903 $ 919 1.8%
Residential
$ 1,398 $ 1,404 0.4%
$ 1,638 $ 1,643 0.3%
$ 936 0.3%
Charge
Charge per Dwelling Unit
Electric
Capactity Fee
Building Site
Charges
Secondary
Service
$ 933
$ 2,329 $ 2,334 0.2%
Category 2014 2015 % Change
Per square foot $ 0.05036 $ 0.05121 1.7%
Per lineal front foot $ 41.25 $ 40.21 -2.5%
Utility Owned
Transformers
Customer Owned
Transformers
$ 9.53 $ 9.55 0.2%
$ 18.33 $ 18.38 0.3%
$ 1,372 $ 1,389 1.2%
$ 2,442 $ 2,458 0.7%
Charge
Commercial
Electric
Capactity Fee
Service Entrance
(per kilowatt-
amp)
$ 64.32 $ 63.53 -1.2%
$ 53.87 $ 54.35 0.9%
Transformer Install 1 phase
Transformer Install 3 phase
Building Site
Charges
Primary Circuit 1 phase
Primary Circuit 3 phase
An additional clarification relating to Residential Building Site Charges is also being made. The Secondary
Service Charge, which provides the electric service line from the primary system in street right of way to the
customer’s meter is collected on the building permit. This was previously the only building site charge listed for
residential development. The proposed change now more clearly labels this charge as Secondary Service
Agenda Item 20
Item # 20 Page 5
Current Estimated $ %
2014 2015 Increase Increase
Electric
700 kWh/mo
Stormwater
8,600 sq.ft. lot, light runoff
Wastewater
4,800 gal/mo
WQA
Water
15,000 gal/mo
Total Estimated Average
Monthly Utility Bill
$176.43 $178.04 $1.61 0.9%
Current Estimated $ %
2014 2015 Increase Increase
Electric
700 kWh/mo
Stormwater
8,600 sq.ft. lot, light runoff
Wastewater
4,800 gal/mo $33.21 $34.21
WQA
Water
5,000 gal/mo
Total Estimated Average
Monthly Utility Bill
$139.66 $141.77 $2.12 1.5%
$0.00
$0.60 0.9%
$0.00 0.0%
$1.00 3.0%
$0.00 0.0%
1.8%
$1.00 3.0%
$0.00
$63.21
$71.40
$1.11
$33.21 $34.21
$14.26
Typical Residential Customer – Monthly Utility Bill
0.0%
$28.98 $28.98 0.0%
$14.26
$58.16
SUMMER
WINTER
$64.32
$14.26 $14.26
$58.16
$70.80
The next two tables provide some comparison of the utility bills for customers of Fort Collins Utilities with the
proposed 2015 rate adjustments and neighboring communities based on the current 2014 rates in those
communities.
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Agenda Item 20
Item # 20 Page 6
FINANCIAL / ECONOMIC IMPACTS
The proposed rate ordinances will increase costs of the typical residential customer receiving electric service
by $0.60 per month in the Summer and $1.11 per month for the remainder of the year. The Summer increase
is less than the non-Summer increase because the wholesale demand charges which are higher in the
Summer are not changing in 2015. The typical residential customer receiving wastewater service will see an
increase of $1.00 per month for this service.
In general, more frequent and modest rate adjustments minimize the financial impacts of such adjustments to
the community. Fort Collins Utilities strives to have such rate adjustments through intermediate and long term
financial planning so as to avoid larger or more intermittent rate adjustments which can have more severe
impacts to commercial customers on non-calendar fiscal years and residential customers on fixed incomes.
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Agenda Item 20
Item # 20 Page 7
ENVIRONMENTAL IMPACTS
Funding from the proposed electric rate increase will directly increase the amount of wind energy utilized in
Fort Collins and allow the Utilities to continue programs and services aimed at meeting the goals and
objectives of the Energy Policy and Climate Action Plan. Wastewater rate increases provide funding for
environmental regulatory compliance.
BOARD / COMMISSION RECOMMENDATION
At its September 18, 2014 meeting, the Water Board voted to recommend approval of the proposed 2015
wastewater rate increase. The draft Board minutes are attached.
At its September 4, 2014, meeting, the Energy Board voted unanimously to support the 2015 Electric rate and
development fee increases. The approved Board minutes are attached.
PUBLIC OUTREACH
Notice of the proposed electric rate changes was published in the Coloradoan, and a mailing was sent to all
city electric customers residing outside of the city limits in accordance with state requirements. Commercial
customers have been advised of the proposed increases through community presentations and individual
meetings and communications.
Staff plans to conduct outreach to all customers following the adoption of the Ordinances. Each customer’s
rate class specific adjustments will be presented along with the system average adjustment through social
media, print media, and meetings. Commercial customers may contact customer service for specifically their
estimated rate adjustments. Residential customers may do a rate comparison through the utility website.
A public meeting was held in September for commercial Key Accounts.
ATTACHMENTS
1. Energy Board minutes, September 4, 2014 (PDF)
2. Water Board minutes (draft), September 18, 2014 (PDF)
3. Powerpoint presentation (PDF)
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Excerpt from Approved Energy Board Minutes September 4, 2014
2015 Utility Rates
(Attachments available upon request)
Rate Analyst Randy Reuscher presented information on the 2015 Electric Rate Increase. An
electric rate increase is required in 2015 due to an increase in purchase power rates from Platte
River Power Authority. The average increase projected for Fort Collins Utilities customers is
1.9%. Over a three-year period (2015-17), the operations and maintenance expense will increase
and estimated $10.1 million for Platte River, which is partially driving the needed increase.
Staff completed the 2014 cost of service study, including updating the usage history for all rate
classes.
The Residential Demand (RD) rate is for all electric customers. Mr. Catanach stated the goal of
the cost of service rate structure is to be completely fair, which is attainable because we now
have better data, and a more accurate representation across the different classes.
Strategic Financial Planning Manager Lance Smith stated the fixed charge should be close to
$20; one reason for a low fixed charge is that lower income does indicate to some extent lower
consumption, and a lower fixed charge may benefit this group, as well as encourage energy
conservation overall.
Mr. Smith stated ordinances are required for the rate increase and for the development fee.
Board Member Moore moved to prepare a letter to council in advance of first reading of
“Utility Rate Ordinances” on Oct. 21, 2014, stating the Energy Board’s position on the
proposed 2015 electric rate increases and the electric development fees.
Chairperson Behm suggested a friendly amendment, which Board Member Moore agreed to:
revise the language from the Energy Board’s “position on” to “support of.”
Board Member Moore moved to prepare a letter to council in advance of first reading of
“Utility Rate Ordinances” on Oct. 21, 2014, stating the Energy Board’s support of the
proposed 2015 electric rate increases and the electric development fees. Board Member
Baumgarn Stacy seconded the motion.
A board member inquired about whether there were any complaints about the rate
increase at the Key Accounts meeting today. Mr. Reuscher stated there were none.
A board member inquired if a 2% rate increase is typical. Mr. Reuscher stated that
compared to last five to six years, it’s a minimal increase. Mr. Phelan stated the half
percent increase each year over that period was for the Fort Collins Community Solar
Garden.
Vote on the motion: It passed unanimously.
ATTACHMENT 1
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Attachment20.1: Energy Board minutes, September 4, 2014 (2489 : Utility Rates, Fees and Charges for 2015)
ATTACHMENT 2
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Attachment20.2: Water Board minutes (draft), September 18, 2014 (2489 : Utility Rates, Fees and Charges for 2015)
Packet Pg. 263
Attachment20.2: Water Board minutes (draft), September 18, 2014 (2489 : Utility Rates, Fees and Charges for 2015)
1
2015 Utility Rates
City Council
October 21, 2014
1st
Reading
ATTACHMENT 3
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
2
2015 Rates and Fee Ordinances
§ Ordinance No. , 2014 increases electric rates
by 1.9% overall for 2015
§ Ordinance No. , 2014 adjusts electric
development fees slightly
§ Ordinance No. ,2014 increases wastewater
rates by 3.0% overall in 2015
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
3
Electric Rate Increase for 2015
• Increased costs associated with generation and
transmission require a 1.9% overall rate increase
– O&M increase of $10.1 million for transmission
expenses and planned outages
– Purchase Power increase of $6.2 million
• Spring Canyon PPA (60 MW wind)
• Western Hydro rate increases
§ Fuel costs to increase by $2.7 million
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
4
Electric Adjustments by Rate Class
1.6%
-11.3%
6.5%
-0.2%
2.0% 1.8% 1.6%
Residential Residential
Demand
Small
Commercial
Medium
Commercial
Large
Commercial
Industrial Substation
% Rate Increase
2015 Proposed Electric Rate Changes
Based on the 2014 Cost of Service Study
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
5
CAMU Residential
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
6
CAMU Small Commercial
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
7
CAMU Large Commercial
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
8
CAMU Industrial
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
9
Proposed Utility Development
Fee Changes
Current 2014 Proposed 2015 $ Change % Change
$3,366 $ 3,389 $23 0.68%
Current 2014 Proposed 2015 $ Change % Change
$32,895 $ 32,624 ($271) -0.82%
Single Family Lot
8,600 square feet, 70 feet of street frontage, 150 amp service, 4/0 secondary service
Model Commercial Development
82,000 sq feet, 190 ft of street frontage, 250 ft primary service, 600 amps, 208 Volt, 3-phase, 1 transformer
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
10
Wastewater Rate Increase
§ Proposed 3% increase for 2015
§ Driven by Capital Improvement Plan
§ Cost of service updated in 2013
§ Increase is the same for all rate classes
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
11
No 2015 Rate Changes
§ Water Rates
§ Stormwater Rates
§ PIFs
ØWater
ØWastewater
ØStormwater
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
12
Typical Residential Utility Bill
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
13
Typical Residential Summer Utility Bill
Current Estimated $ %
2014 2015 Increase Increase
Electric
700 kWh/mo
Stormwater
8,600 sq.ft. lot, light
runoff
Wastewater
4,800 gal/mo
WQA
Water
15,000 gal/mo
Total Estimated Average
Monthly Utility Bill $176.43 $178.04 $1.61 0.9%
$0.60 0.9%
$0.00 0.0%
$1.00 3.0%
$0.00 0.0%
$71.40
$33.21 $34.21
$14.26
Typical Residential Customer – Monthly Utility Bill
$14.26
$58.16
SUMMER
$58.16
$70.80
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
14
Typical Residential Winter Utility Bill
Current Estimated $ %
2014 2015 Increase Increase
Electric
700 kWh/mo
Stormwater
8,600 sq.ft. lot, light
runoff
Wastewater
4,800 gal/mo $33.21 $34.21
WQA
Water
5,000 gal/mo
Total Estimated Average
Monthly Utility Bill $139.66 $141.77 $2.12 1.5%
$0.00
1.8%
$1.00 3.0%
$0.00
$63.21 $1.11
Typical Residential Customer – Monthly Utility Bill
0.0%
$28.98 $28.98 0.0%
WINTER
$64.32
$14.26 $14.26
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
15
Thank You
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Attachment20.3: Powerpoint presentation (2489 : Utility Rates, Fees and Charges for 2015)
- 1 -
ORDINANCE NO. 154, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26
OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE ELECTRIC RATES, FEES AND CHARGES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses and other obligations of the electric utility, as set forth therein; and
WHEREAS, the City purchases bulk wholesale electric power from Platte River Power
Authority (“PRPA”) pursuant to an Amended Contract for Supply of Electric Power and Energy,
dated September 1, 2010; and
WHEREAS, PRPA costs are increasing due to reduced wholesale market prices and
surplus sales, increased costs for coal, and increased operating costs for aging plants; and
WHEREAS, PRPA will increase the City’s wholesale cost of power approximately 2.5%
in 2015; and
WHEREAS, the increased wholesale power costs will require an average 1.9% increase
in the City’s electric rates; and
WHEREAS, the proposed rate increase will vary by customer class based on the cost of
service to each class; and
WHEREAS, the Energy Board considered the proposed electric rates, fees and changes
for 2015 at its September 4, 2014, meeting and recommended approval of the rate changes by
an unanimous vote; and
WHEREAS, the City Manager and staff have recommended to the City Council the
following electric rate adjustments for all billings issued with meter readings on or after January
1, 2015; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
26 of the City Code to revise the electric rates, fees and charges.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Sections 26-464(c), (d), (p) and (r) of the Code of the City of Fort
Collins are hereby amended to read as follows:
Sec. 26-464. Residential energy service, schedule R.
(c) Monthly rate. The monthly rates for this schedule are as follows:
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(1) Fixed charge, per account: four five dollars and forty-eightseven cents
($4.48$5.07).
(2) Distribution facilities charge, per kilowatt-hour: two and sixty-twothirty-
eight one-hundreds cents ($0.0262$0.0238).
(3) Energy and demand charge, during the summer season billing months of
June, July and August, with the summer season billing month determined by the
month the meter is read, and provided that no customer shall be billed more than
three (3) full billing cycles at the summer rate. The energy and demand charge
shall be billed as follows:
a. For the first five hundred (500) kilowatt hours per month, per
kilowatt hour: five six and eighty-threefive one-hundredths cents
($0.0583$0.0605).
b. For the next five hundred (500) kilowatt hours per month, per
kilowatt hour: seven and forty-onesixty-nine one-hundredths cents
($0.0741$0.0769).
c. For all additional kilowatt hours per month, per kilowatt hour: ten
and fifty-sevenninety-seven one-hundredths cents ($0.1057$0.1097).
(4) Energy and demand charge, during the non-summer season billing months
of January through May and September through December:
a. For the first five hundred (500) kilowatt hours per month, per
kilowatt hour: five and fifteenforty-five one-hundredths cents
($0.0515$0.0545).
b. For the next five hundred (500) kilowatt hours per month, per
kilowatt hour: five and fifty-threeeighty-five one-hundredths cents
($0.0553$0.0585).
c. For all additional kilowatt hours per month, per kilowatt hour: six
and thirty-sixseventy-three one-hundredths cents ($0.0636$0.0673).
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(d) Medical assistance program.
(1) The rates described in Subsection (c) above shall be discounted for those
electric customers to whom this rate schedule applies and who apply for such
discount, as long as:
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a. the applicant's annual household income falls below sixty (60)
percent of the Larimer County Area Median Income (as determined by the
Federal Housing Authority); and
b. the application is accompanied by a certified, signed statement from a
licensed physician that electrical durable medical equipment used at the
residential premises is medically necessary and that such medical
equipment has been assigned a Healthcare Common Procedure Coding
System number; and/or
c. a certified, signed statement from a licensed physician that air
conditioning at the residential premises is medically necessary for a
resident thereof who, in the absence of the air conditioning, may suffer
medical deterioration due to a severe immune-compromising medical
condition, including, but not limited to, multiple sclerosis, quadriplegia,
paraplegia, scleroderma or hemiplegia; and
d. the application is accompanied by a sworn affidavit from the
applicant verifying that all information contained in the application,
including, if applicable, the representation that air conditioning will be
operational at the applicant's address during the summer billing months, is
true and correct.
(2) Applications for rate discounts under this Section must be submitted
annually in accordance with an administratively established schedule.
(3) The discounted rates for customers with electrical durable medical
equipment only shall be calculated as follows:
a. Fixed charge, per account: fourfive dollars and forty-eightseven
cents ($4.48$5.07).
b. Distribution facilities charge, per kilowatt hour: two and sixty-
twothirty-eight one-hundredths cents ($0.0262$0.0238).
c. Energy and demand charge, during the summer season billing
months of June, July and August, with the summer season billing month
determined by the month the meter is read, and provided that no customer
shall be billed more than three (3) full billing cycles at the summer rate.
The energy demand charge shall be billed as follows:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: three and twenty-nineforty-two one-hundredths
cents ($0.0329$0.0342).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: seven and forty-onesixty-nine one-hundredths
cents ($ 0.0741$0.0769).
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3. For all additional kilowatt hours per month, per kilowatt
hour: ten and fifty-sevenninety-seven one-hundredths cents:
($0.1057$0.1097).
d. Energy and demand charge, during the non-summer season billing
months of January through May and September through December:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: two and eighty-twoninety-eight one-hundredths
cents ($0.0282$0.0298).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: five and fifty-threeeighty-five one-hundredths
cents ($0.0553$0.0585).
3. For all additional kilowatt hours per month, per kilowatt
hour: six and thirty-sixseventy-three one-hundredths
($0.0636$0.0673).
e. In lieu of taxes and franchise: a charge at the rate of six and zero-
tenths (6.0) percent of all monthly service charges billed pursuant to this
Section.
(4) The discounted rates for customers with medical needs requiring air
conditioning only shall be calculated as follows:
a. Fixed charge, per account: fourfive dollars and forty-eightseven
cents ($4.48$5.07).
b. Distribution facilities charge, per kilowatt hour: two and sixty-
twothirty-eight one-hundredths cents ($0.0262$0.0238).
c. Energy and demand charge, during the summer season billing
months of June, July and August, with the summer season billing month
determined by the month the meter is read, and provided that no customer
shall be billed more than three (3) full billing cycles at the summer rate.
The energy and demand charge shall be billed as follows:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: three and twenty-twothirty-five one-hundredths
cents ($0.0322$0.0335).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: four and tentwenty-five one-hundredths cents
($0.0410$0.0425).
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3. For all additional kilowatt hours per month, per kilowatt
hour: ten and fifty-sevenninety-seven one-hundredths cents
($0.1057$0.1097).
d. Energy and demand charge, during the non-summer season billing
months of January through May and September through December:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: five and fifteenforty-five one-hundredths cents
($ 0.0515$0.0545).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: five and fifty-threeeighty-five one-hundredths
cents ($0.0553$0.0585).
3. For all additional kilowatt hours per month, per kilowatt
hour: six and thirty-sixseventy-three one-hundredths cents
($0.0636$0.0673).
e. In lieu of taxes and franchise: a charge at the rate of six and zero-
tenths (6.0) percent of all monthly service charges billed pursuant to this
Section.
(5) The discounted rates for customers with electrical durable medical
equipment and medical needs requiring air conditioning shall be calculated as
follows:
a. Fixed charge, per account: fourfive dollars and forty-eightseven
cents ($4.48$5.07).
b. Distribution facilities charge, per kilowatt hour: two and sixty-
twothirty-eight one-hundredths cents ($0.0262$0.0238).
c. Energy and demand charge, during the summer season billing
months of June, July and August, with the summer season billing month
determined by the month the meter is read, and provided that no customer
shall be billed more than three (3) full billing cycles at the summer rate.
The energy and demand charge shall be billed as follows:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: two and elevennineteen one-hundredths cents
($0.0211$0.0219).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: two and sixty-eightseventy-eight one-hundredths
cents ($ 0.0268$0.0278).
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3. For all additional kilowatt hours per month, per kilowatt
hour: ten and fifty-sevenninety-seven one-hundredths cents
($0.1057$0.1097).
d. Energy and demand charge, during the non-summer season billing
months of January through May and September through December:
1. For the first five hundred (500) kilowatt hours per month,
per kilowatt hour: two and eighty-twoninety-eight one-hundredths
cents ($0. 0.0282$0.0298).
2. For the next five hundred (500) kilowatt hours per month,
per kilowatt hour: five and fifty-threeeighty-five one-hundredths
cents ($ 0.0553$0.0585).
3. For all additional kilowatt hours per month, per kilowatt
hour: six and thirty-sixseventy-three one-hundredth cents ($
0.0636$0.0673).
e. In lieu of taxes and franchise: a charge at the rate of six and zero-
tenths (6.0) percent of all monthly service charges billed pursuant to this
Section.
(6) Notwithstanding the foregoing, no rate established under this Subsection
shall reflect a discount exceeding an amount consistent with the use of one
hundred fifty (150) kilowatt hours per month for the operation of electrical
durable medical equipment or, if applicable, an additional amount consistent with
the use of three hundred fifty (350) kilowatt hours per month for air conditioning.
(7) A decision that an applicant does not qualify to participate in this program
for a medical or financial reason may be appealed to the Utilities Executive
Director, who shall, prior to making his or her decision, and as he or she deems
appropriate, confer with one (1) or more medical or financial experts in reviewing
such appeal.
…
(p) Net metering.
(1) Net metering service is available to a customer-generator producing
electric energy exclusively with a qualifying facility using a qualifying renewable
technology when the generating capacity of the customer-generator's qualifying
facility meets the following two (2) criteria:
a. the qualifying facility is sized to supply no more than one hundred
twenty (120) percent of the customer-generator's average annual electricity
consumption at that site, including all contiguous property owned or
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leased by the customer-generator, without regard to interruptions in
contiguity caused by easements, public thoroughfares, transportation
rights-of-way or utility rights-of-way; and
b. the rated capacity of the qualifying facility does not exceed the
customer-generator's service entrance capacity.
(2) The energy generated by an on-site qualifying facility and delivered to the
utility's electric distribution facility shall be used to offset energy provided by the
utility to the customer-generator during the applicable billing period.
(3) The customer-generator and electric service arrangements shall be subject
to the requirements and conditions described in the City of Fort Collins Utility
Services Interconnection Standards for Generating Facilities Connected to the
Fort Collins Distribution System.
(4) A customer-generator who receives approval from the electric utility to
obtain net metering service shall be subject to the monthly rates described above
in this rate schedule section.
(5) The customer-generator's consumption of energy from the utility and
production of energy that flows into the utility's distribution system shall be
measured on a monthly basis. The energy consumed from the utility by the
customer-generator shall be billed at the applicable seasonal tiered rate as outlined
in Subsection (c) of this Section. The energy produced by the customer-generator
shall be credited to the customer as follows:
a. Distribution facilities charge, per kilowatt-hour: two and sixty-
twothirty-eight one-hundredths cents ($0.0262$0.0238).
b. The energy and demand credit, per kilowatt-hour: fivesix and
eighty-threefive one-hundredths cents ($0.0583$0.0605).
…
(r) Net metering-community solar projects.
(1) Net metering service is available to a customer who holds an exclusive
interest in a portion of the electric energy generated by a community solar project
when the generating capacity of the customer’s interest is sized to supply no more
than one hundred twenty (120) percent of the customer's average annual
electricity consumption at the customer’s point of service, including all
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contiguous property owned or leased by the customer, without regard to
interruptions in contiguity caused by easements, public thoroughfares,
transportation rights-of-way or utility rights-of-way.
(2) The community solar project-generator and electric service arrangements
shall be subject to the requirements and conditions described in the City of Fort
Collins Utility Services Interconnection Standards for Generating Facilities
Connected to the Fort Collins Distribution System.
(3) Both the customer's consumption of energy from Fort Collins Utilities and
interest in the production of energy that flows into Fort Collins Utilities’
distribution system shall be measured on a monthly basis. The energy consumed
from Fort Collins Utilities by the customer shall be billed at the applicable
seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The
energy produced by the customer’s portion of the qualifying facility shall be
credited to the customer as follows:
1. Distribution facilities charge, per kilowatt-hour: one and
thirty-onenineteen one-hundredths cents ($0.0131$0.0119).
2. The energy and demand credit, per kilowatt-hour: fivesix
and eighty-threefive one-hundredths cents ($0.0583$0.0605).
Section 2. That Sections 26-465 (c), (f), (q), and (r) of the Code of the City of Fort
Collins are hereby amended to read as follows:
Sec. 26-465. Residential demand service, schedule RD
(c) Monthly rate. The monthly rates are as follows:
(1) Fixed charge, per account: sevenfive dollars and twenty-fourseven cents
($7.24$5.07).
(2) Demand charge, per kilowatt: two dollars and fiftytwenty-six cents
($2.50$2.26).
(3) Distribution facilities charge, per kilowatt-hour: two and ninety-foureleven
one-hundredths cents ($ 0.0294$0.0211).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: four and threesixteen one-hundredths cents ($ 0.0403$0.0416).
b. During the non-summer season billing months of January through
May and September through December: threefour and eighty-sevenzero
one-hundredths cents ($ 0.0387$0.0400).
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c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of monthly service charges billed pursuant to this Section.
…
(f) Standby service charges. Standby service, if available, will be provided on an
annual contract basis at a level at least sufficient to meet probable service demand (in
kilowatts) as determined by the customer and approved by the utility according to the
following:
(1) The monthly standby distribution charge shall be onetwo dollars and
twenty-threethirty-three cents ($1.23$2.33) per kilowatt of contracted standby
service. This charge shall be in lieu of the distribution facilities charge. For all
metered kilowatts in excess of the contracted amount, the standby distribution
charge shall be threesix dollars and seventy-oneninety-nine cents ($3.71$6.99)
per kilowatt.
(2) In the event the contractual kilowatt amount is exceeded, the beginning
date of the contract period will be reset. The first month of the new contract
period will become the current billing month and such month's metered demand
shall become the minimum allowable contract demand for the standby service.
Requests for standby service may be subject to a waiting period. An operation and
maintenance charge may be added for special facilities required to provide
standby service.
…
(q) Net metering.
(1) Net metering service is available to a customer-generator producing
electric energy exclusively with a qualifying facility using a qualifying renewable
technology when the generating capacity of the customer-generator's qualifying
facility meets the following two (2) criteria:
a. the qualifying facility is sized to supply no more than one hundred
twenty (120) percent of the customer-generator's average annual electricity
consumption at that site, including all contiguous property owned or
leased by the customer-generator, without regard to interruptions in
contiguity caused by easements, public thoroughfares, transportation
rights-of-way or utility rights-of-way; and
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b. the rated capacity of the qualifying facility does not exceed the
customer-generator's service entrance capacity.
(2) The energy generated by an on-site qualifying facility and delivered to the
utility's electric distribution facility shall be used to offset energy provided by the
utility to the customer-generator during the applicable billing period.
(3) The customer-generator and electric service arrangements shall be subject to
the requirements and conditions described in the City of Fort Collins Utility
Services Interconnection Standards for Generating Facilities Connected to the
Fort Collins Distribution System.
(4) A customer-generator who receives approval from the electric utility to obtain
net metering service shall be subject to the monthly rates described above in this
rate schedule section.
(5) The customer-generator's consumption of energy from the utility and
production of energy that flows into the utility’s distribution system shall be
measured on a monthly basis. The energy consumed from the utility by the
customer-generator shall be billed at the applicable seasonal tiered rate as outlined
in Section Subsection (c) of this Section. The energy produced by the customer-
generator shall be credited to the customer as follows:
a. Distribution facilities charge, per kilowatt hour: two and sixty-
twothirty-eight one-hundredths cents ($0.0262$0.0238).
b. The energy and demand credit, per kilowatt-hour: fivesix and eighty-
threefive one-hundredths cents ($0.0583$0.0605).
…
(r) Net metering-community solar projects.
(1) Net metering service is available to a customer who holds an exclusive
interest in a portion of the electric energy generated by a community solar project
when the generating capacity of the customer’s interest is sized to supply no more
than one hundred twenty (120) percent of the customer's average annual
electricity consumption at the customer’s point of service, including all
contiguous property owned or leased by the customer, without regard to
interruptions in contiguity caused by easements, public thoroughfares,
transportation rights-of-way or utility rights-of-way.
(2) The community solar project-generator and electric service arrangements
shall be subject to the requirements and conditions described in the City of Fort
Collins Utility Services Interconnection Standards for Generating Facilities
Connected to the Fort Collins Distribution System.
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(3) Both the customer's consumption of energy from Fort Collins Utilities and
interest in the production of energy that flows into Fort Collins Utilities’
distribution system shall be measured on a monthly basis. The energy consumed
from Fort Collins Utilities by the customer shall be billed at the applicable
seasonal tiered rate as outlined in Subsection (c) of this Section. The energy
produced by the customer’s portion of the qualifying facility shall be credited to
the customer as follows:
1. Distribution facilities charge, per kilowatt-hour: one and thirty-
onenineteen one-hundredths cents ($0.0131$0.0119).
2. The energy and demand credit, per kilowatt-hour: fivesix and
eighty-threefive one-hundredths cents ($0.0583$0.0605).
Section 3. That Section 26-466 (c) and (r) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 26-466. General service, schedule GS.
(c) Monthly rate. The monthly rates for this schedule are as follows:
(1) Fixed charge, per account:
a. Single-phase, two-hundred-ampere service: three dollars and sixty-
eighttwenty-six cents ($3.68$3.26).
b. Single-phase, above two-hundred-ampere service: tennine dollars
and eighty-threesixty cents ($10.83$9.60).
c. Three-phase, two-hundred-ampere service: fivefour dollars and
fifty-nineninety-six cents ($5.594.96).
d. Three-phase, above two-hundred-ampere service: thirteeneleven
dollars and twenty-fourseventy-four cents ($13.24$11.74).
(2) Demand charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: two and eighty-nineseventy-seven one-hundredths cents
($0.0289$0.0277).
b. During the non-summer season billing months of January through
May and September through December: one and fortyforty-nine one-
hundredths cents ($0.0140$0.0149).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
Packet Pg. 289
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(3) Distribution facilities charge, per kilowatt-hour: OneTwo and eighty-
seventwenty-seven one-hundredths cents ($0.0187$0.0227).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: four and threesixteen one-hundredths cents ($0.0403$0.0416).
b. During the non-summer season billing months of January through
May and September through December: threefour and eighty-sevenzero
one-hundredths cents ($0.0387$0.0400).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(r) Net metering-community solar projects.
(1) Net metering service is available to a customer who holds an exclusive
interest in a portion of the electric energy generated by a community solar project
when the generating capacity of the customer’s interest is sized to supply no more
than one hundred twenty (120) percent of the customer's average annual
electricity consumption at the customer’s point of service, including all
contiguous property owned or leased by the customer, without regard to
interruptions in contiguity caused by easements, public thoroughfares,
transportation rights-of-way or utility rights-of-way.
(2) The community solar project-generator and electric service arrangements
shall be subject to the requirements and conditions described in the City of Fort
Collins Utility Services Interconnection Standards for Generating Facilities
Connected to the Fort Collins Distribution System.
(3) Both the customer's consumption of energy from Fort Collins Utilities and
interest in the production of energy that flows into Fort Collins Utilities’
distribution system shall be measured on a monthly basis. The energy consumed
from Fort Collins Utilities by the customer shall be billed at the applicable
seasonal tiered rate as outlined in Subsection (c) of this Section. The energy
produced by the customer’s portion of the qualifying facility shall be credited to
the customer as follows:
1. Distribution facilities charge, per kilowatt-hour: ninety-fourone and
Packet Pg. 290
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fourteen one-hundredths one-thousandths cents ($0.0094$0.0114).
2. The energy and demand credit, per kilowatt-hour: four and threesixteen
one-hundredths cents ($0.0403$0.0416).
Section 4. That Sections 26-467 (c) and (f) of the Code of the City of Fort Collins are
hereby amended to read as follows:
Sec. 26-467. General service 25, schedule GS25.
(c) Monthly rate. The monthly rates for this schedule are as follows:
(1) Fixed charge, per account:
a. Single-phase, two-hundred-ampere service: three dollars and sixty-
eighttwenty-six cents ($3.68$3.26).
b. Single-phase, above two-hundred-ampere service: tennine dollars
and eighty-threesixty cents ($10.83$9.60).
c. Three-phase, two-hundred-ampere service: fivefour dollars and
fifty-nineninety-six cents ($5.59$4.96).
d. Three-phase, above two-hundred-ampere service: thirteeneleven
dollars and twenty-fourseventy-four cents ($13.24$11.74).
(2) Demand charge, per kilowatt:
a. During the summer season billing months of June, July and
August: seven dollars and sixty-fourfifty-two cents ($7.64$7.52).
b. During the non-summer season billing months of January through
May and September through December: four dollars and thirty-eightthirty-
seven cents ($4.38$4.37).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(3) Distribution facilities charge, per kilowatt-hour: one and eighty-
sevenseventy-six one-hundredths cents ($0.0187$0.0176).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: four and threesixteen one-hundredths cents ($0.0403$0.0416).
Packet Pg. 291
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b. During the non-summer season billing months of January through
May and September through December: threefour and eighty-sevenzero
one-hundredths cents ($ 0.0387$0.0400).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(f) Standby service charges. Standby service, if available, will be provided on an
annual contract basis at a level at least sufficient to meet probable service demand (in
kilowatts) as determined by the customer and approved by the utility according to the
following:
(1) The monthly standby distribution charge shall be fourthree dollars and
forty-threeeighty-two cents ($4.43$3.82) per kilowatt of contracted standby
service. This charge shall be in lieu of the distribution facilities charge. For all
metered kilowatts in excess of the contracted amount, the standby distribution
charge shall be thirteeneleven dollars and twenty-nineforty-five cents
($13.29$11.45) per kilowatt.
(2) In the event the contractual kilowatt amount is exceeded, the beginning
date of the contract period will be reset. The first month of the new contract
period will become the current billing month and such month's metered demand
shall become the minimum allowable contract demand for the standby service.
Requests for standby service may be subject to a waiting period. An operation and
maintenance charge may be added for special facilities required to provide
standby service.
Section 5. That numbered Section 26-468 (c), (f) and (g) of the Code of the City of
Fort Collins are hereby amended to read as follows:
Sec. 26-468. General service 50, schedule GS50.
(c) Monthly rate. The monthly rates for this schedule are as follows:
(1) Fixed charge, per account: twenty-onenine dollars and twoforty-five cents
($21.02$9.45). An additional charge of forty dollars and zero cents ($40.) may be
assessed if telephone communication service is not provided by the customer.
(2) Coincident demand charge, per kilowatt:
a. During the summer season billing months of June, July and
August: eleven and eighteen cents ($11.18).
Packet Pg. 292
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b. During the non-summer season billing months of January through
May and September through December: seven dollars and eighty cents
($7.80).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(3) Distribution facilities demand charge, per kilowatt: five dollars and
seventy-eightninety cents ($5.78$5.90).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: four and threesixteen one-hundredths cents ($0.0403$0.0416).
b. During the non-summer season billing months of January through
May and September through December: threefour and eighty-sevenzero
one-hundredths cents ($0.0387$0.0400).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(f) Standby service charges. Standby service, if available, will be provided on an
annual contract basis at a level at least sufficient to meet probable service demand (in
kilowatts) as determined by the customer and approved by the utility according to the
following:
(1) Standby distribution charge.
a. The monthly standby distribution charge shall be four dollars and
seventyseventy-two cents ($4.70$4.72) per kilowatt of contracted standby
service. This charge shall be in lieu of the distribution facilities charge.
For all metered kilowatts in excess of the contracted amount, the standby
distribution charge shall be fourteen dollars and eightsixteen cents
($14.08$14.16) per kilowatt.
b. In the event the contractual kilowatt amount is exceeded, the
beginning date of the contract period will be reset. The first month of the
new contract period will become the current billing month and such
month's metered demand shall become the minimum allowable contract
Packet Pg. 293
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demand for the standby service. Requests for standby service may be
subject to a waiting period. An operation and maintenance charge may be
added for special facilities required to provide standby service.
(2) Standby generation and transmission charge. All charges incurred by the
utility under Platte River Power Authority's applicable tariffs, as may be amended
from time to time, will be billed to the customer as a standby generation and
transmission charge.
…
(g) Excess circuit charge. In the event a utility customer in this rate class desires
excess circuit capacity for the purpose of controlling the available electric capacity of a
backup circuit connection, this service, if available, will be provided on an annual
contract basis at a level at least sufficient to meet probable backup demand (in kilowatts)
as determined by the customer and approved by the utility according to the following:
(1) The excess circuit charge shall be ninety-nineeighty-six cents ($0.99$0.86)
per contracted kilowatt of backup capacity per month. For any metered kilowatts
in excess of the contracted amount, the excess circuit charge shall be two dollars
and ninety-ninefifty-eight cents ($2.99$2.58) per kilowatt.
(2) In the event the contractual kilowatt limit is exceeded, a new annual
contract period will automatically begin as of the month the limit is exceeded. The
metered demand in the month of exceedance shall become the minimum
contracted demand level for the excess circuit charge.
Section 6. That numbered Sections 26-469 (c), (f) and (g) of the Code of the City of
Fort Collins are hereby amended to read as follows:
Sec. 26-469. General service 750, schedule GS750.
(c) Monthly rate. The monthly rates for this schedule are as follows:
(1) Fixed charge, per account: sixty-onefifteen dollars and ninety-sixtwenty-
four cents ($61.96$15.24).
a. Additional charge for each additional metering point: fifty-
fournine dollars and seventy-fourfifty cents ($54.74$9.50).
b. An additional charge of forty dollars and zero cents ($40.) for each
metering point may be assessed if telephone communication service is not
provided by the customer.
(2) Coincident demand charge, per kilowatt:
a. During the summer season billing months of June, July and
August: eleven and one cent ($11.01).
Packet Pg. 294
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b. During the non-summer season billing months of January through
May and September through December: seven dollars and sixty-nine cents
($7.69).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(3) Distribution facilities demand charge, per kilowatt:
a. First seven hundred fifty (750) kilowatts: sixfive dollars and
twoeighty-five cents ($6.02$5.85).
b. All additional kilowatts: three dollars and fifty-nineforty-eight
cents ($3.59$3.48).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: threefour and ninety-seventen one-hundredths cents
($0.0397$0.0410).
b. During the non-summer season billing months of January through
May and September through December: three and eighty-oneninety-four
one-hundredths cents ($0.0381$0.0394).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(f) Standby service charges. Standby service, if available, will be provided on an
annual contract basis at a level at least sufficient to meet probable service demand (in
kilowatts) as determined by the customer and approved by the utility according to the
following:
(1) Standby distribution charge.
a. The monthly standby distribution charge shall be three dollars and
seventy-sixfifty-two cents ($3.76$3.52) per kilowatt of contracted standby
service. This charge shall be in lieu of the distribution facilities charge.
For all metered kilowatts in excess of the contracted amount, the standby
Packet Pg. 295
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distribution charge shall be eleventen dollars and twenty-ninefifty-six
cents ($11.29$10.56) per kilowatt.
b. In the event the contractual kilowatt amount is exceeded, the
beginning date of the contract period will be reset. The first month of the
new contract period will become the current billing month and such
month's metered demand shall become the minimum allowable contract
demand for the standby service. Requests for standby service may be
subject to a waiting period. An operation and maintenance charge may be
added for special facilities required to provide standby service.
(2) Standby generation and transmission charge. All charges incurred by the
utility under the Platte River Power Authority's applicable tariffs, as may be
amended from time to time, will be billed to the customer as a standby generation
and transmission charge.
…
(g) Excess circuit charge. In the event a utility customer in this rate class desires
excess circuit capacity for the purpose of controlling the available electric capacity of a
backup circuit connection, this service, if available, will be provided on an annual
contract basis at a level at least sufficient to meet probable backup demand (in kilowatts)
as determined by the customer and approved by the utility according to the following:
(1) The excess circuit charge shall be eightysixty-four cents ($0.80$0.64) per
contracted kilowatt of backup capacity per month. For any metered kilowatts in
excess of the contracted amount, the excess circuit charge shall be twoone dollars
and forty-oneninety-two cents ($2.41$1.92) per kilowatt.
(2) In the event the contractual kilowatt limit is exceeded, a new annual
contract period will automatically begin as of the month the limit is exceeded. The
metered demand in the month of exceedance shall become the minimum
contracted demand level for the excess circuit charge.
Section 7. That 26-470 (b), (c) and (e) of the Code of the City of Fort Collins are
hereby amended to read as follows:
Sec. 26-470. Substation service, schedule SS.
(b) Applicability. This schedule applies to customers served directly from a City
substation who do not utilize any part of the City's electric distribution circuitssystem
(including, but not limited to, duct banks, circuits or conduits) to receive service. This
schedule applies only to individual services with an average metered demand of seven
hundred fifty (750) kilowatts or greater.
…
(c) Monthly rate. The monthly rates for this schedule are as follows:
Packet Pg. 296
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(1) Fixed charge, per account: sixty-onethirty-nine dollars and ninety-sixforty-
seven cents ($61.96$39.47).
(2) Coincident demand charge, per kilowatt:
a. During the summer season billing months of June, July and
August: ten dollars and eighty-four cents ($10.84).
b. During the non-summer season billing months of January through
May and September through December: seven dollars and fifty-seven
cents ($7.57).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(3) Distribution facilities demand charge, per kilowatt: two dollars and
seventy-fivefifty cents ($2.75$2.50).
(4) Energy charge, per kilowatt-hour:
a. During the summer season billing months of June, July and
August: threefour and ninety-onefour one-hundredths cents
($0.0391$0.0404).
b. During the non-summer season billing months of January through
May and September through December: three and seventy-fiveeighty-
eight one-hundredths cents ($0.0375$0.0388).
c. The meter reading date shall generally determine the summer
season billing months; however, no customer shall be billed more than
three (3) full billing cycles at the summer rate.
(5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths
(6.0) percent of all monthly service charges billed pursuant to this Section.
…
(e) Standby service charges. Standby service, if available, will be provided on an
annual contract basis at a level at least sufficient to meet probable service demand (in
kilowatts) as determined by the customer and approved by the utility according to the
following:
(1) Standby distribution charge.
a. The monthly standby distribution charge shall be two dollars and
fiftytwenty-two cents ($2.50$2.22) per kilowatt of contracted standby
service. This charge shall be in lieu of the distribution facilities charge.
Packet Pg. 297
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For all metered kilowatts in excess of the contracted amount, the standby
distribution charge shall be sevensix dollars and fortysixty-six cents
($7.40$6.66) per kilowatt.
b. In the event the contractual kilowatt amount is exceeded, the
beginning date of the contract period will be reset. The first month of the
new contract period will become the current billing month and such
month's metered demand shall become the minimum allowable contract
demand for the standby service. Requests for standby service may be
subject to a waiting period. An operation and maintenance charge may be
added for special facilities required to provide standby service.
(2) Standby generation and transmission charge. All charges incurred by the
utility under the Platte River Power Authority's applicable tariffs, as may be
amended from time to time, will be billed to the customer as a standby generation
and transmission charge.
Section 8. That the amendments herein are effective shall go into effect for all bills
issued with meter readings on or after January 1, 2015.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 298
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ORDINANCE NO. 155, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE ELECTRIC DEVELOPMENT FEES AND CHARGES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses and other obligations of the electric utility, as set forth therein; and
WHEREAS, the City Council has determined that it is appropriate for new development
to contribute its proportionate share of providing capital improvements; and
WHEREAS, Section 26-471 of the City Code requires the electric development fees to be
reviewed annually by the City Manager and presented to the City Council for approval no less
than biennially; and
WHEREAS, on November 5, 2013 the City Council adopted Ordinance No. 147, 2013,
which established the electric development fees in effect for 2014; and
WHEREAS, Electric Utility staff has determined that capital improvement costs required
to meet the demands of anticipated new development will increase in 2015; and
WHEREAS, the City Manager and Electric Utilities staff have recommended to the City
Council adjustments to the electric development fees and charges for all invoices paid on or after
January 1, 2015; and
WHEREAS, Electric Utilities staff have recommended to the City Council that the
description of the Building Site Charge (“BSC”) at Section 26-474 of the City Code be amended
to distinguish between the charge applicable when connection to an on-site transformer is
required to serve a residential structure and the charge when an on-site transformer is not
required for electric service; and
WHEREAS, based on the foregoing, the City Council has determined that amending
Chapter 26 of the City Code to revise electric development fees and charges for 2015 is in the
best interests of the customers of the Electric Utility and the City in general.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-474 (b) and (c), “Residential electric development fees
and charges” of the Code of the City of Fort Collins is hereby amended to read as follows:
Sec. 26-474. Residential electric development fees and charges.
. . .
Packet Pg. 299
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(b) The ECF shall be the total of the site footage charge, dwelling charge and systems
modification charge, to be determined as follows:
(1) The site footage charge shall be the combined total of:
a. five and thirty-sixone hundred twenty-one thousandths cents
($0.05036$0.05121) per square foot of developed site square footage,
including all applicable tracts but excluding the area of dedicated public
rights-of-way and excluding areas dedicated to the city as parkland,
however, specific areas within city owned parks that require electric
service will be charged; and
b. ten dollars and thirty-fivethirty-six cents ($10.35$10.36) per lineal
foot of the developed site abutting a dedicated street or roadway.
(2) The dwelling unit charge shall be as follows:
a. For a single-family panel size with one-hundred-fifty-amp service
(nonelectric heat), one thousand three four hundred and ninety-eightfour
dollars ($1,398.$1,404) per dwelling unit;
b. For a single-family panel size with two-hundred-amp service or
with one-hundred-fifty-amp service (electric heat), two thousand three
hundred twenty-nine thirty-four dollars ($2,329.$2,334) per dwelling unit;
c. For a multi-family panel size with one-hundred-fifty-amp service
(nonelectric heat), nine hundred thirty-threethirty-six dollars ($933.$936)
per dwelling unit;
d. For a multi-family panel size with two-hundred-amp service or
with one-hundred-fifty-amp service (electric heat), one thousand six
hundred thirty-eightforty-three dollars ($1,638.$1,643) per dwelling unit.
(3) A system modifications charge will apply when a new or modified service
will require infrastructure in addition to or different from the standard base
electrical system model. The differential costs associated with such system
modifications will be included in the calculated ECF.
(c) A Building Site Charge ("BSC") for any new or modified residential service shall
consist of the total of the applicable charges as described in this subsection (c), and shall
be paid as specified hereinprior to issuance of a building permit for the related
construction or modification.
(1) When any new or modified multi-family service requires extending
primary circuitry to an on-site transformer, this component of the BSC charge
shall be invoiced and paid in the same manner and at the same time as the ECF is
Packet Pg. 300
- 3 -
invoiced and paid pursuant to Subsection (a) of this Section, and. The BSC shall
be the total of the primary circuit charge, transformer installation charge and any
additional charges. The amounts shall be the same as the BSC for nonresidential
development, as shown in Section 26-475 (c).
(2) When any new or modified residential service requires installation by the
Utility of secondary service,. Thethe BSC shall include a secondary service
charge (SSC), and shall be paid at the time of building permit and based upon the
current rates as of the time of issuance of the building permit. The BSCSSC shall
be the total of the secondary service charges, and any additional charges,
determined as follows:
(1)a. The secondary service charge shall be as follows:
Secondary Service
Size
Charge (up to 65 feet)
Plus Per Foot Charge For Each
Foot Over 65
1/0 service $ 672.00$ 680.00 $4.93$4.98/Foot
4/0 service $ 810.00$ 819.00 $5.68$5.72/Foot
350 kCM Service $ 903.00$ 919.00 $7.24$7.29/Foot
1/0 Mobile Home
Service $ 524.00$ 531.00 N/A
4/0 Mobile Home
Service $ 640.00$ 647.00 N/A
(23) Actual special costs to the utility of installation of primary or secondary
service resulting from site conditions shall be included in the BSC as additional
charges. Such conditions may include, but are not limited to, frozen or rocky soil,
concrete cutting and asphalt replacement.
Section 2. That Section 26-475 (b) and (c), “Nonresidential electric development fees
and charges” of the Code of the City of Fort Collins is hereby amended to read as follows:
Sec. 26-475. Nonresidential electric development fees and charges.
(b) The ECF shall be the total of the site footage charge, kVA service charge and
systems modification charge, to be determined as follows:
Packet Pg. 301
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(1) The site footage charge shall be the combined total of:
a. five and thirty-sixone hundred twenty-one thousandths cents
($0.05036$0.05121) per square foot of developed site square footage,
including all applicable tracts but excluding the area of dedicated public
rights-of-way and excluding areas dedicated to the city as parkland,
however, specific areas within city owned parks that require electric
service will be charged; and
b. forty-one forty dollars and twenty-five twenty-one cents
($41.25$40.21) per lineal foot of the developed site abutting a dedicated
street or roadway.
(2) The kVA service charge shall be determined as follows.
a. For customer electric loads served by the utility the kVA service
charge shall be:
1. Utility-owned transformers: the kVA service charge shall
be sixty-foursixty-three dollars and thirty-twofifty-three cents
($64.32$63.53) per kilovolt-amp (kVA) of service load rating.
2. Customer owned transformers: the kVA service charge
shall be fifty-threefifty-four dollars and eighty-seventhirty-five
cents ($53.87$54.35) per kilovolt-amp (kVA) of service load
rating.
b. For the utility to receive customer generation in excess of the
customer’s electric service provided by the utility, the following KVA
service charge will also apply:
1. Utility-owned transformers: the kVA service charge shall
be fifty-threefifty-four dollars and eighty-seventhirty-five cents (
$53.87$54.35) per kilovolt-amp (kVA) of generation service rating
in excess of the service load rating as paid per subparagraph (2)a.1.
above. Such ratings shall be determined by the Utilities Executive
Director.
2. Customer owned transformers: the kVA service charge
shall be forty-three dollars and thirty-seveneighty-five cents
($43.37$43.85) per kilovolt-amp (kVA) of generation service
rating in excess of the service load rating paid per subparagraph
(2)a.2. above. Such ratings shall be determined by the Utilities
Executive Director.
Packet Pg. 302
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(3) A system modifications charge will apply when a new or modified service
will require infrastructure in addition to or different from the standard base
electrical system model. The differential costs associated with such system
modifications will be included in the calculated ECF.
(c) A Building Site Charge ("BSC") for extending primary circuitry to the
transformer for any new or modified nonresidential service shall be invoiced and paid in
the same manner and at the same time as the ECF is invoiced and paid pursuant to
Subsection (a) of this Section. The BSC shall be the total of the primary circuit charge,
transformer installation charge and any additional charges, determined as follows:
(1) The primary circuit charge for service from the utility source to the
transformer shall be as follows:
a. for single-phase service, a charge of nine dollars and fifty-three
fifty-five cents ($9.53$9.55) per foot of primary circuit;
b. for three-phase service, a charge of eighteen dollars and thirty-
threethirty-eight cents ($18.33$18.38) per foot of primary circuit.
(2) The transformer installation charge shall be as follows:
a. for single-phase service, a charge of one thousand three hundred
seventy-twoeighty-nine dollars ($1,372$1,389) per transformer;
b. for three-phase service, a charge of two thousand four hundred
forty-twofifty-eight dollars ($2,442$2,458) per transformer.
(3) Actual special costs to the utility of installation of service resulting from
site conditions shall be included in the BSC as additional charges. Such
conditions may include, but are not limited to, frozen or rocky soil, concrete
cutting and asphalt replacement.
Section 3. That the amendments to Chapter 26 of the City Code contained herein
shall go into effect for all invoices paid on or after January 1, 2015.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 303
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Passed and adopted on final reading on the 18th day of November, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 304
- 1 -
ORDINANCE NO. 156, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE WASTEWATER RATES, FEES, AND CHARGES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses, and other obligations of the wastewater utility, as set forth therein; and
WHEREAS, City Code Section 26-277 requires that the City Manager analyze the
operating and financial records of the wastewater utility during each calendar year and
recommend to the City Council the user rate fees or adjustments to be in effect for the following
year; and
WHEREAS, City Code Section 26-277 further requires that the user rates be revised as
necessary to assure equity of the rate system established and to assure that sufficient funds are
obtained to adequately operate and maintain the wastewater system; and
WHEREAS, the Water Board considered the proposed wastewater rates, fees, and
changes for 2015 at its September 18, 2014 meeting and recommended approval of the changes
by unanimous vote; and
WHEREAS, the City Manager has recommended to the City Council that the following
wastewater rates be imposed for the billing year beginning January 1, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-280 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-280. Service charges established by category.
The schedule of rates for each category described in § 26-279 shall be as follows:
Category Class of Customer Rate
A Single-family residential
user (flat rate)
$36.2937.38 per month
Single-family residential
user (metered water use)
$16.2116.70 per month plus $3.1503.245 per 1,000
gallons of either winter quarter water use or 3,000
gallons, whichever is greater. For single family
Packet Pg. 305
- 2 -
customers who have not established a winter quarter
water use at the service address, a system average of
4,800 gallons per month shall be billed.
B Duplex (two-family)
residential users (flat
rate)
$49.7151.20 per month
Duplex (two-family)
residential users
(metered water use)
$18.4218.97 per month plus $2.7642.847 per 1,000
gallons of either winter quarter water use or 4,000
gallons, whichever is greater. For duplex customers
who have not established a winter quarter water use
at the service address, a system average 7,200
gallons shall be billed.
C Multi-family residential
user (more than two
dwelling units including
mobile home parks) and
winter quarter based
nonresidential user
$3.0513.143 per 1,000 gallons of winter quarter
water use, plus a base charge of $2.402.47 per
month per dwelling unit served. For multi-family
customers who have not established a winter quarter
water use at the service address, a system average of
3,400 gallons per living unit shall be billed.
However, Category D rates will apply to multi-
family residential units under construction during
the period of service from the installation of the
water meter to the date the certificate of occupancy
is issued.
D Minor nonresidential
user
$2.8232.908 per 1,000 gallons of water use,
measured sewage flow or winter quarter water use,
whichever is applicable, plus the following
applicable base charge:
Size of water meter (inches)
Base
charge
¾ or smaller $8.158.39
1 18.8119.37
1½ 37.8538.99
2 64.7766.71
3 103.48106.58
4 163.43168.33
6 716.42737.91
8 827.20852.02
Packet Pg. 306
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E and F Intermediate
nonresidential user and
Significant industrial
user
$2.8232.908 per 1,000 gallons of water use,
measured wastewater flow or winter quarter water
use, whichever is applicable; plus a surcharge of
$3.1203.214 per million gallons for each milligram
per liter of suspended solids in excess of 235
milligrams per liter; plus a surcharge of
$2.5992.677 per million gallons for each milligram
per liter of BOD in excess of 265 milligrams per
liter or a surcharge of $1.6411.690 per million
gallons for each milligram per liter of COD in
excess of 400 milligrams per liter, or a surcharge of
$4.8575.003 per million gallons for each milligram
per liter of TOC in excess of 130 milligrams per
liter, whichever is applicable. The user shall pay this
calculated amount plus the applicable base charge
set forth below:
Size of water meter (inches)
Base
charge
¾ or smaller $ 8.158.39
1 18.8119.37
1½ 37.8538.99
2 64.7766.71
3 103.48106.58
4 163.43168.33
6 716.42737.91
8 827.20852.02
G User outside City limits The rate for users outside the City limits shall be the
same as for like service inside the City limits as is
specified in Categories A—F and H in this Section
H Special with agreement The rate pursuant to a special wastewater services
agreement approved by the City Council pursuant to
§ 26-290 shall be set forth in said agreement.
Section 2. That Section 26-282 (a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 26-282. Wastewater strength or industrial surcharges and categories established.
(a) The schedule of wastewater strength surcharge for customers located
either inside or outside the City limits shall be as follows:
Parameter Excess over (mg/l) Rate per gallon
BOD 265 $ 0.0025990.002677
COD 400 0.0016410.001690
TOC 130 0.0048570.005003
TSS 235 0.0031200.003214
. . .
Section 3. That the amendments to the Chapter 26 of the City Code contained herein
shall go into effect for all bills issued on or after January 1, 2015.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 308
City of Fort Collins Page 1
Karen Weitkunat, President City Council Chambers
Gerry Horak, District 6, Vice President City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
Interim City Attorney Executive Director Secretary
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.
General Improvement District No. 1 Meeting
October 21, 2014
(after the Regular Council Meeting)
CALL MEETING TO ORDER
ROLL CALL
1. First Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General
Improvement District No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify
such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015
Annual Appropriation (staff: Mike Beckstead; 3 minute staff presentation; 5 minute discussion)
The sum of $276,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year
2015 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue
for GID No. 1 from automobile specific ownership taxes, ad valorem taxes, and interest earnings are
anticipated to total $38,000 resulting in an expected revenue total of $314,000 for 2015.
In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute
to the $3 million makeover of Old Town Square that is being led by the Downtown Development
Authority (DDA).
OTHER BUSINESS
ADJOURNMENT
GENERAL IMPROVEMENT
DISTRICT NO. 1 BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 21, 2014
General Improvement District No. 1 Board
STAFF
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General Improvement District
No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify such Levy to the Board of
Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation
EXECUTIVE SUMMARY
The sum of $276,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2015 imposed
within the General Improvement District No. 1 (GID) boundaries. Additional revenue for GID No. 1 from
automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated to total $38,000
resulting in an expected revenue total of $314,000 for 2015.
In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute to the $3
million makeover of Old Town Square that is being led by the Downtown Development Authority (DDA).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The recommended appropriations for this amount are as follows:
Capital Improvement Projects:
$1,000,000 to contribute to the $3 million makeover of Old Town Square
$ 26,000 to be used for other capital improvements in the downtown area
$1,026,000 Total
Other GID Expenses:
$ 14,005 for staffing
$ 11,500 for the Larimer County Treasurer's fee for collecting the property tax
$ 23,000 for property tax rebate program
$ 2,500 for estimated electrical costs for downtown lighting and water
$ 1,560 for miscellaneous expenses
$115,000 for transfer to other funds
$167,565 Total
Packet Pg. 2
Agenda Item 1
Item # 1 Page 2
FINANCIAL / ECONOMIC IMPACTS
This Ordinance includes the annual appropriation for 2015 at $1,193,565. This item also sets the GID No. 1
mill levy at 4.924 mills, which will generate approximately $276,000 for fiscal year 2015. The mill levy remains
unchanged from previous years. Additional 2015 revenue includes automobile specific ownership taxes, ad
valorem taxes, and interest which together are projected to be $38,000 in fiscal year 2015.
ATTACHMENTS
1. Boundary map (PDF)
Packet Pg. 3
ATTACHMENT 1
Packet Pg. 4
Attachment1.1: Boundary map (2439 : GID No.1 2015 Mill Levy and Budget Appropriation)
- 1 -
ORDINANCE NO. 066
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT
DISTRICT NO. 1, DETERMINING AND FIXING THE MILL LEVY FOR THE GENERAL
IMPROVEMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2015;
DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY
TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY;
AND MAKING THE FISCAL YEAR 2015 ANNUAL APPROPRIATION
WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort
Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the
statutes of the State of Colorado; and
WHEREAS, the GID staff has considered the amount of money to be raised by a levy on
the taxable property in the GID and recommends that a levy of 4.924 mills upon each dollar of
the assessed valuation of all taxable property within the limits of the GID is required during 2015
to pay the cost of operating the GID; and
WHEREAS, the GID staff estimates a levy of 4.924 mill will result in $276,000 of
revenue; and
WHEREAS, the amount of this proposed mill levy is not an increase over prior years so
that prior voter approval of the levy is not required under Article X, Section 20 of the State
Constitution; and
WHEREAS, Section 39-5-128(1) of the Colorado Revised Statutes requires certification
of any tax levy to the Board of County Commissioners no later than December 15; and
WHEREAS, additional revenue is collected by the GID from such sources as the
automobile ownership tax, ad valorem taxes, and interest earnings and that revenue for 2015 is
anticipated to be $38,000; and
WHEREAS, the City Council, acting as the ex-officio Board of Directors of the GID,
desires to appropriate the necessary funds for operating costs and capital improvements of the
GID for the fiscal year beginning January 1, 2015, and ending December 31, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, Ex-Officio the Board of Directors of City of Fort Collins General
Improvement District No. 1, as follows:
Section 1. That, for the purpose of providing the necessary funds to meet the
expenses to be incurred in the General Improvement District No. 1 in 2015, 4.924 mills is hereby
levied upon each dollar of the assessed valuation of all taxable property within the General
Improvement District No.1 as of December 31, 2014.
Packet Pg. 5
- 2 -
Section 2. That the City Clerk is hereby designated as the Secretary of the General
Improvement District No. 1 and is hereby authorized and directed to certify such levy to the
Board of Larimer County Commissioners as provided by law.
Section 3. That the City Council, acting ex-officio as the Board of Directors of City
of Fort Collins General Improvement District No. 1, hereby appropriates out of the revenues of
General Improvement District No. 1 for the fiscal year beginning January 1, 2015, and ending
December 31, 2015, the sum of TWO HUNDRED SEVENTY THREE THOUSAND FIVE
HUNDRED SIXTY FIVE DOLLARS ($273,565) to be raised by taxation and additional
revenue to be expended for the authorized purposes of the General Improvement District No.1.
Section 4. That the City Council, acting ex-officio as the Board of Directors of City
of Fort Collins General Improvement District No. 1, hereby appropriates out of prior year
reserves of the General Improvement District No. 1 for the fiscal year beginning January 1, 2015,
and ending December 31, 2015, the sum of NINE HUNDRED TWENTY THOUSAND
DOLLARS ($920,000) for authorized purposes of the General Improvement District No.1.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Passed and adopted on final reading on the 18th day of November, A.D. 2014.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Packet Pg. 6
City of Fort Collins Page 1
Karen Weitkunat, President City Council Chambers
Gerry Horak, District 6, Vice President City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
Interim City Attorney Executive Director Secretary
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.
Skyview South General Improvement District No. 15
Meeting
October 21, 2014
(after the General Improvement District No. 1 Meeting)
CALL MEETING TO ORDER
1. First Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South
General Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District
to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year
2015 Annual Appropriation. (staff: Mike Beckstead; 3 minute staff presentation; 5 minute
discussion)
This Ordinance includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is
anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for
the General Improvement District (GID) No. 15 ("GID No. 15") from interest earnings is anticipated to
generate $370. The total 2015 revenue for GID No. 15 is expected to be $25,070. The total amount
will be used in the future to maintain and repair roads in the Skyview subdivision.
OTHER BUSINESS
ADJOURNMENT
SKYVIEW SOUTH GENERAL
IMPROVEMENT DISTRICT NO. 15
BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 21, 2014
Skyview South General Improvement District No. 15 Board
STAFF
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South General
Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District to Certify Such
Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual
Appropriation.
EXECUTIVE SUMMARY
This Ordinance includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is anticipated to be
collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for the General Improvement
District (GID) No. 15 ("GID No. 15") from interest earnings is anticipated to generate $370. The total 2015
revenue for GID No. 15 is expected to be $25,070. The total amount will be used in the future to maintain and
repair roads in the Skyview subdivision.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2009, the City annexed Phase 3 of the Southwest Enclave Annexation. The area annexed included the
entire Larimer County Skyview South General Improvement District No. 15 (GID No.15). A map of the GID No.
15 is attached. Larimer County organized GID No. 15 in 1997. Pursuant to Section 31-25-603, C.R.S., since
the annexation area included the entire area within the improvement district boundaries, upon annexation, GID
No.15 became a City-operated district and Council has thereafter acted as the ex officio Board of Directors of
the District. Under State law, the City is required to set the annual mill levy for the GID No. 15 and to certify
the amount of the levy to the Board of County Commissioners for Larimer County. This Ordinance continues
the establishment, as in years past, of a mill levy of 10.0.
FINANCIAL / ECONOMIC IMPACTS
This Ordinance sets the Skyview South General Improvement District No. 15 mill levy at 10.0 mills, which will
generate approximately $24,700 for fiscal year 2015. Additional 2015 revenue for the GID No. 15 includes
interest earnings, which are projected to be $370 in fiscal year 2015.
In addition the 2015 Budget will include the use of $1,000 for the Larimer County Treasurer’s fee for collecting
the property tax.
ATTACHMENTS
1. Boundary map (PDF)
Packet Pg. 2
W TRILBY RD
S COLLEGE AVE
W SKYWAY DR
CONSTELLATION DR
MARS DR
VENUS AVE
ARAN ST
ORBIT WAY
DEBRA DR
H
OLYOKE C
T
P
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S
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A
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W
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AV
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NDALE R
D
RAMA
H
D
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E
P
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D
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GALA
X
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W
A
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URANUS ST
F
LA
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- 1 -
ORDINANCE NO. 006
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF SKYVIEW
SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15,
DETERMINING AND FIXING THE MILL LEVY FOR THE SKYVIEW SOUTH
GENERAL IMPROVEMENT DISTRICT NO. 15 FOR THE FISCAL YEAR 2015;
DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY
TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE
FISCAL YEAR 2015 ANNUAL APPROPRIATION
WHEREAS, the Skyview South General Improvement District No. 15 (the “GID”) was
created by Larimer County in 1997 and annexed into the City by Phase Three of the Southwest
Enclave Annexation in 2009; and
WHEREAS, pursuant to Sections 31-25-603 and 37-25-609, C.R.S., as a result of the
annexation of the entire GID into the City, the GID is now a district of the City and the City
Council is to act as the ex-officio board of directors of the GID; and
WHEREAS, GID staff has considered the amount of revenue to be raised by a levy on
the taxable real property within the GID boundaries, and recommends imposing a levy of 10.0
mills upon each dollar of the assessed valuation of all such taxable real property for 2015; and
WHEREAS, GID staff estimates a levy of 10.0 mills will result in $24,700 of revenue;
and
WHEREAS, the amount of this proposed mill levy is not an increase over prior years; as
such, prior voter approval of the proposed levy is not required under Article X, Section 20 of the
State Constitution; and
WHEREAS, Section 39-5-128(1) of the Colorado Revised Statutues requires certification
of any tax levy to the Board of Commissioners of Larimer County no later than December 15;
and
WHEREAS, additional revenue totaling $370 for 2015 is expected to be collected by the
GID from interest earnings; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, acting ex-officio as the Board of Directors of the City of Fort Collins Skyview
South General Improvement District No. 15, as follows:
Section 1. That the 2015 mill levy rate for taxation upon each dollar of the assessed
valuation of taxable real property within the GID boundaries shall be 10.0 mills.
Section 2. That the City Clerk is hereby designated as the Secretary for the GID and
shall certify this levy of 10.0 mills to the County Assessor and the Board of Larimer County
Commissioners as provided by law.
Packet Pg. 4
- 2 -
Section 3. That the City Council, acting ex-officio as the Board of Directors of the
City of Fort Collins General Improvement District No. 15, hereby appropriates out of the
revenues of the GID for the fiscal year beginning January 1, 2015, and ending December 31,
2015, the sum of ONE THOUSAND DOLLARS ($1,000).
Section 4. That revenue to be raised by taxation and additional revenue of the GID
will be reserved in fund balance until such future time as authorized by the Board of Directors
for the purposes of the General Improvement District No. 15.
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D.
2014.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Passed and adopted on final reading on the 18th day of November, A.D. 2014.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Packet Pg. 5
IDALIA DR
Y
U
M
A CT
I
D
A
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I
A CT
RICK DR
SOLAR CT
M
E
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C
U
R
Y
D
R
W SATURN DR
F
O
S
S
IL CREST DR
E TRILBY RD
E SATURN DR
G
A
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A
X
Y
CT
E SKYWAY DR
PLATEAU CT
AURORA WAY
LEO CT
OR
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PLUTO CT
SUNDOWN CT
FL
A
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RD
General Improvement Skyview South District No. 15
Legend
General Improvement District #15
Parcels 1 inch = 600 feet
ATTACHMENT 1
Packet Pg. 3
Attachment1.1: Boundary map (2449 : Skyview GID 15 Mill Levy)
Charge. In addition, some multi-family developments require an internal primary service system (cable, conduit
and transformers) within the development on private property. These costs are calculated in the same manner
as for non-residential Building Site Charges. The proposed change makes this clarification for Residential
Building Site Charges. There are no changes in practice or policy as a result of these clarifications.
C. Utility Bill Comparisons
The standard residential customer’s bill will increase in 2015 under the proposed rate changes by 0.9% in the
summer. During the rest of the year the increase is 1.5%. The tables below show the impacts of each of the
proposed rate changes on the overall utility bill.
Packet Pg. 257
N Whitcomb St
C
a
j
e
tan
S
t
10th St
Canyon Ave
O
s
i
a
nde
r
S
t
Cowan St
N Meldrum St
S Mason St
Jerome St
Colorado St
Main St
Walnut St
H
o
ffm
an Mil
l
Rd
P
a
scal
S
t
O
v
al
D
r
Endicott St
S Sherwood St
11th St
Mull
e
i
n
D
r
Sycamore St
Bellflower Dr
East Dr
Frontage Rd
E Laurel St
Woo
d
l
awn
D
r
Lesser Dr
West Dr
Pine St
E Magnolia St
Lilac Ln
Duff Dr
Lupine Dr
Martinez St
N Mason St
El
m
St
W Plum St
Trujillo St
Mas
o
n
Ct
Rivend
a
l
Dr
Lopez Ct
Eastdal
e
D
r
Poudre River Dr
Li
n
d
e
n
Ce
n
ter Dr
Rembrandt Dr
Locust Ct
Baum St
Kenroy Ct
Pine St
Frontage Rd
E Laurel St
E Magnolia St
Downtown Development Authority Boundary
Parcels
DDA Boundary Amended: September 17, 2013
Printed: November 07, 2013
1 inch = 1,320 feet
.
0 0.125 0.25 0.5
Miles
ATTACHMENT 1
Packet Pg. 36
Attachment3.1: DDA Boundary Map (2433 : DDA Budget)