HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/15/2019 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Regular Meeting
October 15, 2019
(Amended 10/14/19)
Persons wishing to display presentation materials using the City’s display equipment under the Citizen
Participation portion of a meeting or during discussion of any Council item must provide any such materials
to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2)
hours prior to the beginning of the meeting at which the materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which
the item will be considered. See Council Rules of Conduct in Meetings for details.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Proclamations and Presentations
5:15 p.m.
A. Proclamation Declaring October 2019 as Indoor Air Quality Month.
B. Proclamation Declaring October 15, 2019 as Empowerment through Creative Technology Day.
C. Proclamation Recognizing October 15, 2019 as the 70th Anniversary of the Fort Collins Symphony.
D. Proclamation Declaring October 2019 as National Disability Employment Awareness Month.
E. Proclamation Declaring October 2019 as Local Literary Arts Month.
City of Fort Collins Page 2
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and
considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
PUBLIC COMMENT
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking
time remain, and will beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
PUBLIC COMMENT FOLLOW-UP
City of Fort Collins Page 3
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.
If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens
is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer
may declare that the following process will be used to simplify consideration of the Citizen-Pulled
Consent Items:
(1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading
“Consideration of Citizen-Pulled Consent Items.”
(2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all
of the items that have been moved to that part of the agenda.
(3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled
Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council
will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote.
(4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will
then be considered using the regular process for considering discussion items.
1. Consideration and Approval of the Minutes of the September 3 and September 17, 2019 Regular
Council Meetings and the September 24, 2019 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the September 3 and September 17, 2019
Regular Council meetings and the September 24, 2019 Adjourned Council meeting.
2. Second Reading of Ordinance No. 115, 2019, Appropriating Prior Year Reserves and Unanticipated
Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts of Funds or
Projects.
This Ordinance, unanimously adopted on First Reading on October 1, 2019, combines 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 2019 annual budget
appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions
3. Items Relating to Objects Obscuring Traffic Control Devices.
A. Second Reading of Ordinance No. 117, 2019, Amending the Code of the City of Fort Collins as it
Relates to Objects Obscuring Traffic Control Devices.
B. Second Reading of Ordinance No. 118, 2019, Amending the Fort Collins Traffic Code as it Relates
to Objects Obscuring Traffic Control Devices.
City of Fort Collins Page 4
These Ordinances, unanimously adopted on First Reading on October 1, 2019, amend the City Code
and the City Traffic Code as they relate to the responsibilities for pruning private trees, shrubs or other
plants that overhang or otherwise encroach on the public right-or-way. The changes will make the
requirements in the two Codes consistent and provide a level of flexibility for City staff to immediately
address issues of safety in the public right-of-way at its own expense, if needed.
4. Second Reading of Ordinance No. 120, 2019, Appropriating Prior Year Reserves, Unanticipated
Revenue and Authorizing Transfer of Funds for the Small Business Revolving Loan Fund Program.
This Ordinance, unanimously adopted on First Reading on October 1, 2019, authorizes the transfer of
funds from the Keep Fort Collins Great Fund to the General Fund and appropriate therein and to
appropriate reserves and current year revenue from Platte River Power Authority (PRPA) Economic
Development Program funds in the General Fund to create the City of Fort Collins Revolving Loan
Fund for small businesses and startup companies operating in Fort Collins. The City will use the funds
to support access to capital for small businesses in Fort Collins, which have historically not had access
to traditional financial capital markets (“under banked” or “non-bankable”) The demographic focus of
this program will be low-income, minority, veteran, and women-owned small businesses.
5. First Reading of Ordinance No. 121, 2019, Adopting the 2020 Budget and Appropriating the Fort
Collins Share of the 2020 Fiscal Year Operating and Capital Improvements Funds for the Northern
Colorado Regional Airport.
The purpose of this item is to adopt the 2020 budget for the Northern Colorado Regional Airport and
appropriate Fort Collins’ share of the 2020 fiscal year operating and capital funds for the Airport. The
City’s 50% share of the 2020 Airport operating budget is $646,445 and 50% share of the 2020 capital
budget is $740,500, for a total City appropriation of $1,386,945.
6. First Reading of Ordinance No. 122, 2019, Being the Annual Appropriation Ordinance for the Fort
Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year
2020 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2020.
The purpose of this item is to set the Downtown Development Authority (DDA) Budget.
The following amounts will be appropriated:
DDA Public/Private Investments and Programs $3,918,409
DDA Operations & Maintenance $ 959,165
Revolving Line of Credit Draws $6,400,000
DDA Debt Service Fund $8,256,548
The Ordinance sets the 2020 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
2020.
7. First Reading of Ordinance No. 123, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Spring Creek Sanitary Trunk Sewer Project and Related Art in Public Places.
The purpose of this appropriation request of $656,500 from the Wastewater Fund cash reserves is to
allow for the replacement of a section of sewer main that is at risk of imminent failure. On July 14,
2019, a section of the Spring Creek Trunk Sewer, located between Stover and Ukiah Lane, collapsed
and needed an emergency repair on a 20-foot section of the pipeline. Subsequent televising of the
rest of the 500-foot section of pipeline has found that it is structurally compromised and should be
replaced. In addition, significant longitudinal cracks were found in the 100-foot section of pipe just
downstream. This section of pipe is the original 24-inch clay. Staff is recommending lining this section
of pipe at the same time. This appropriation will allow for these sections of pipe to be replaced this
winter rather than through the next budget cycle in 2021.
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8. First Reading of Ordinance No. 124, 2019, Amending Chapter 26 of the Code of the City of Fort Collins
Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under an Income-
Qualified Assistance Program.
The purpose of this item is to adopt a routine revision to Section 26-724 of City Code Chapter 26
pertaining to Utility Services.
9. Resolution 2019-103 Supporting the Grant Application for a Local Park and Outdoor Recreation Grant
from the State Board of Great Outdoors Colorado to Develop a Link from the Colorado State University
Main Campus to the Spring Creek Trail.
The purpose of this item is to request City Council support for an application toward and municipal
sponsorship for the 2019 Great Outdoors Colorado (GOCO) Local Park and Outdoor Recreation
(LPOR) Grant. If awarded the grant will partially fund construction of the Phemister Trail, consisting
of a paved trail and bridge connecting the bicycle and pedestrian underpass of Prospect Road at
Center Avenue to the City of Fort Collins Spring Creek Trail and Center Bikeway. Colorado State
University (CSU) will manage and fund the project and has requested the City of Fort Collins act as
the required municipal sponsor and fiscal agent for the project. GOCO requires a resolution of support
from City Council as part of the grant application package.
10. Resolution 2019-104 Making Appointments to the Youth Advisory Board of the City of Fort Collins.
The purpose of this item is to fill vacancies on the Youth Advisory Board due to resignations that
occurred on May 31, 2019, as a result of graduations.
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. Staff Report: Teaching Tree (staff: Adam Molzer)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
City of Fort Collins Page 6
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
11. Items Relating to 2020 Utility Rates. (staff: Randy Reuscher, Lance Smith; 10 minute staff
presentation; 20 minute discussion)
A. First Reading of Ordinance No. 125, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Electric Rates, Fees and Charges.
B. First Reading of Ordinance No. 126, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Rates, Fees and Charges.
C. First Reading of Ordinance No. 127, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Wastewater Rates, Fees and Charges.
D. First Reading of Ordinance No. 128, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Rates, Fees and Charges.
The purpose of this item is for Council to consider adjusting monthly charges for electric, water,
wastewater, and storm water services in 2020. The revenue requirements to support the 2020 budget
will require increasing monthly charges for electric service by 5.0% and stormwater service by 2.0%.
While there is no overall percentage increase planned for the Water or Wastewater Funds, there are
minor rate class adjustments proposed based on recent cost-of-service model updates. Upon
adoption, these rates would be effective January 1, 2020.
12. First Reading of Ordinance No. 129, 2019, Being the Annual Appropriation Ordinance Relating to the
Annual Appropriations for the Fiscal Year 2020; Amending the Budget for the Fiscal Year Beginning
January 1, 2020 and Ending December 31, 2020; and Fixing the Mill Levy for Property Taxes Payable
in 2020. (staff: Darin Atteberry, Mike Beckstead, Lawrence Pollack; 10 minute staff presentation;
30 minute discussion)
The purpose of this item is to amend the adopted 2020 Budget. This Ordinance sets the amount of
$632,403,387 to be appropriated for fiscal year 2020. This appropriated amount does not include what
is also being appropriated by separate Council/Board of Director actions to adopt the 2020 budgets
for the General Improvement District (GID) No. 1 of $352,000, the 2020 budget for GID No. 15
(Skyview) of $1,000, the Urban Renewal Authority (URA) 2020 budget of $5,952,249 and the
Downtown Development Authority 2020 budget of $19,534,122. The sum of these ordinances results
in City-related total appropriations of $658,242,758 in 2020. This Ordinance also sets the 2020 City
mill levy at 9.797 mills, unchanged since 1991.
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CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
B. Linden Street Project.
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, the majority of people spend 90% or more of their time indoors; and
WHEREAS, indoor air quality is typically up to 5 times worse than outdoor air quality;
and
WHEREAS, one in four households in Fort Collins report they have family member with
a respiratory problem; and
WHEREAS, mold, carbon monoxide, pests, and allergens cause or contribute to a wide
range of illnesses and diseases, including asthma, and other respiratory issues; and
WHEREAS, radon is the second leading cause of lung cancer in the U.S.; and
WHEREAS, chemical exposure from improper storage and use in the home can pose a
danger to children and others; and
WHEREAS, many families and households are unaware that their homes can have
serious health hazards related to indoor air quality and chemical safety; and
WHEREAS, climate change may worsen indoor air quality environments due to
infiltration of outdoor air quality issues such as wildfire smoke; and
WHEREAS, education and awareness about simple steps to improve indoor air quality
can improve health and well-being.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins do hereby
proclaim the month of October 2019 as
NATIONAL INDOOR AIR QUALITY MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, the activation of public spaces can create positive experiences for all
members of our community and visitors, and the combined use of art and technology as a
“placemaking” element in an outdoor setting is an emerging form of urban design; and
WHEREAS, the Fort Collins Downtown Development Authority’s Downtown Alley
Master Plan provides a vision for converting key alleys into a system of vibrant, engaging
walkways that stimulate businesses to create new storefronts that open on to the alleys, enhance
the visual and physical pedestrian experience, and improve safety and cleanliness; and
WHEREAS, in 2018, the Downtown Development Authority completed the Old
Firehouse Alley East/Seckner Alley with an interactive wall mural painted by Peeta and brought
to life by Alt Ethos; and
WHEREAS, Alt Ethos, founded by Ethan Bach in 2016, melds various forms of light,
sound, interactivity and creative technology into memorable interactive experiences that amplify
stories through expressions of creative technology to form memorable immersive experiences;
and
WHEREAS, the City of Fort Collins recognizes that arts celebrate innovation and are an
economic driver in Fort Collins; and
WHEREAS, all the offerings the creative sector provides are valued for the authentic
experience and diversity they bring and are also proven to be an economic multiplier, drawing
significant economic value.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim October 15, 2019 as
EMPOWERMENT THROUGH CREATIVE TECHNOLOGY DAY
and I encourage citizens to enjoy and appreciate effective use of immersive, interactive
technology for arts and cultural experiences in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of October, A.D. 2019.
__________________________________
ATTEST: Mayor
________________________________
City Clerk
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PROCLAMATION
WHEREAS, the Fort Collins Symphony, Larimer County’s oldest arts organization, has
been in operation since 1949 when Maestro Will Schwartz founded the then all-volunteer
orchestra and served as the conductor for 50 years until his retirement in 1999; and
WHEREAS, the Fort Collins Symphony, heralded as a premier arts organization in the
region is now a professional orchestra, employing more than 60 musicians and is guided by the
leadership of a volunteer board of directors and under the baton of award-winning conductor
Maestro Wes Kenney; and
WHEREAS, the Fort Collins Symphony and its partner organization, Friends of the
Symphony, host educational programs including the Youth Education Series concerts for all 4
th
and 5
th
grade students in the Larimer County, composer lectures, pre-concert talks, Artist in the
Schools programs, Musical Zoo for children, and informational podcasts and radio shows; and
WHEREAS, the Fort Collins Symphony is a leader in making concerts accessible with
such initiatives as the B Sharp Program for people living with dementia and their care providers,
and the Open Notes Program for underserved and at-risk youth; and
WHEREAS, the Fort Collins Symphony celebrates and showcases the talents of its
musicians to encourage future musicians and build community pride in their level of artistry; and
WHEREAS, the Fort Collins Symphony, now in its 70
th
Season, is fulfilling Maestro
Will Schwartz’s dream to present spectacular live orchestral music and educational events that
are inspirational, inclusive, and nurturing for all residents and visitors to Northern Colorado.
NOW, THEREFORE, I Wade Troxell, Mayor of the City of Fort Collins, do hereby
recognize October 15, 2019 as the 70
th
anniversary of the
FORT COLLINS SYMPHONY
and encourage residents to attend a Fort Collins Symphony performance during its 70
th
Anniversary season, October 5, 2019 through May 9, 2020.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of October, A.D. 2019.
__________________________________
ATTEST: Mayor
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, workplaces welcoming of the talents of all people, including people with
disabilities, are a critical part of our efforts to build an inclusive community and strong economy;
and
WHEREAS, being employed is a critical piece of being a full participant in the
community; and
WHEREAS, individuals with disabilities have value and talent to add to our workplaces
and community; and
WHEREAS, employing individuals with disabilities has numerous benefits to
employers, individuals, and our society as a whole; and
WHEREAS, the City of Fort Collins is committed to building such an inclusive
community and workforce, including encouraging employers to hire a diverse workforce that
includes people with disabilities.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare October as
NATIONAL DISABILITY EMPLOYMENT
AWARENESS MONTH
in Fort Collins and call this observance to the attention of our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 11
PROCLAMATION
WHEREAS, books and storytelling have the power to connect people together, broaden
perspectives, and transform communities; and
WHEREAS, the Fort Collins community recognizes and appreciates the myriad ways
which books and writers enrich our lives through their words, ideas, and stories; and
WHEREAS, community programs like Fort Collins Book Fest engage readers, support
writers, and inspire the community with great literature, poetry, and books; and
WHEREAS, Fort Collins businesses, individuals, and organizations like Poudre River
Public Library District and Colorado State University Morgan Library work to build a thriving
literary ecosystem, amplify the voices of local writers, foster a love of reading, and inspire future
storytellers.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare October 2019, as
LOCAL LITERARY ARTS MONTH
to recognize the strength and spirit of our poets, writers, and storytellers and the meaningful
impact their work has on the community. This month symbolically serves to encourage all
citizens to discover local authors and to experience Fort Collins’ literary creativity.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 12
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 3 and September 17, 2019 Regular Council
Meetings and the September 24, 2019 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 3 and September 17, 2019 Regular
Council meetings and the September 24, 2019 Adjourned Council meeting.
ATTACHMENTS
1. September 3, 2019 (PDF)
2. September 17, 2019 (PDF)
3. September 24, 2019 (PDF)
1
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City of Fort Collins Page 233
September 3, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: None
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated he is requesting a continuance of Item No. 13, Resolution 2019-092
Approving the Northfield Metro District Nos. 1 through 3 Consolidated Service Plan, to September
17 to allow staff time to work with the developer to gain additional energy efficiency options for
the development.
• PUBLIC COMMENT
Eric Sutherland discussed the lawsuit brought against the City by the Colorado Oil and Gas
Commission striking down a citizen-initiated ordinance. He stated the City Attorney's Office
should well understand the reality of preemption of local laws and opposed the Office's
interpretation of the open meetings law.
Kathleen Benedict, Poudre Heritage Alliance Executive Director, thanked Council for its
partnership in the federally designated National Heritage Area. She announced the emeritus dinner
honoring individuals who have played key roles in the designation of the Area.
Susan Wilmer, Old Firehouse Books, stated many business owners object to the Linden Street
redevelopment plan that removes on-street parking spaces. This parking loss will negatively
impact the businesses in the area as people do not want to use parking garages.
Hannah Little, Women's Commission Chair, recognized September as National Recovery Month.
Manny Sanistivan, ASCSU, introduced Ben Amundson, ASCSU President, and McCay Armbrust,
Deputy Director of Governmental Affairs. Mr. Amundson thanked Council for attending the
community welcome walk and discussed the year's ASCSU initiatives including scooter safety,
communication about the City's broadband program, and housing policy.
Patricia Miller discussed a vigil her organization and others organized to speak out against the
detention centers at the border. She requested Council raise its voice for current detainees and she
read a resolution she would like Council to adopt.
Ray Martinez congratulated Council and the City on the beginning of the Connexion broadband
service.
Sue McFadden, Partners in Climate Action (PICA), requested Council adopt PICA's guidelines
for metro districts related to energy efficiency and affordable housing.
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Attachment: September 3, 2019 (8375 : Minutes-9/3, 9/17, 9/24)
September 3, 2019
City of Fort Collins Page 234
Meg Dunn thanked CSU for installing the Shields underpass at Elizabeth and commended the
Pitkin bikeway crossing on Shields.
Deborah James opposed bus schedule changes on South College Avenue and stated lower ridership
numbers are due to lower population numbers.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers noted Mr. Sutherland already left the meeting but stated the executive
sessions to which he referred have not yet taken place and none are planned. Additionally, he
recognized Recovery Month and Mental Health Awareness Month and stated he would be hosting
a community conversation on mental health and substance abuse later in the month.
Mayor Pro Tem Stephens thanked the ASCSU representatives and stated scooter safety is
paramount. She stated she would support a resolution as mentioned by Ms. Miller; however, a
decision was made by the Legislative Review Committee to have a facilitated dialogue prior to
taking action. She noted Council is still concerned about this issue.
Councilmember Cunniff stated the Legislative Review Committee met twice about the resolution
opposing conditions at the border; however, the feeling of the committee as whole was that there
were some more impactful things that could be done in the interim. He stated Council would also
like to receive an update on the community trust resolution.
Councilmember Cunniff thanked the ASCSU representatives and stated he would like to set up a
meeting to hear more about the proposed initiatives. He noted overall housing affordability is a
Council priority and requested an update related to when this conversation will occur during the
Council term and when it will occur relative to other metro district applications. Deputy City
Manager Jeff Mihelich replied the conversation around affordable housing is expected to be
brought before Council in the next several months and recommended a separate worksession
should Council want to dive more deeply into the conversation as related to metro districts.
Councilmember Cunniff asked if the Linden Street project is considered City-initiated with a
complete review process, including a review by Council. City Manager Atteberry replied the
scope for the project does not currently include an additional review by Council. The current
schedule calls for a mid-October decision to move into the request for proposal process to select a
contractor in time for a spring and summer build. City Manager Atteberry stated there will be an
additional memo to Council outlining the process thus far and staff will be meeting specifically
with business owners who are opposed to the option that is emerging as the preferred option.
Councilmember Gorgol asked if the work session on metro district affordable housing will take
place before or after the review of Northfield. Josh Birks, Economic Health and Redevelopment
Director, replied the work session is not currently on the calendar, and in order for Northfield to
make the November election, it will need to be considered by Council on September 17. He stated
he will give Council’s feedback to the developer.
Councilmember Gorgol stated she believes Council can both have a resolution and community
conversation related to conditions at the border and the impact to immigrants in Fort Collins.
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Attachment: September 3, 2019 (8375 : Minutes-9/3, 9/17, 9/24)
September 3, 2019
City of Fort Collins Page 235
Councilmember Gutowsky stated she was glad to hear there will be additional talks with concerned
business owners on Linden Street.
Mayor Pro Tem Stephens thanked Ms. Jones for her comments on changing bus routes and asked
for a memo on which routes have changed. She asked if there is a phone number individuals can
call to get updated information. Dean Klinger, Interim Planning, Development, and Transportation
Director, replied the best information is on ridetransfort.com, including a contact phone number.
Councilmember Pignataro stated she would also support a resolution as well as a community
conversation relating to conditions at the border and the impact to immigrants in Fort Collins.
• CONSENT CALENDAR
Councilmember Summers withdrew Item Nos. 9, First Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, and 10,
Resolution 2019-093, Affirming that Digital Billboard Regulations Are Not a Council Priority,
from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Second Reading of Ordinance No. 101, 2019, Making Appropriations and Authorizing Transfers
of Appropriations for the Safe Routes to School Program and Grant From the Colorado
Department of Transportation and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, requests an appropriation
of $495,851 in unappropriated funds received through a grant for the Safe Routes to School program
(part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has
awarded a $495,851 grant for design and construction of a new bicycle and pedestrian crossing at
West Drake Road and Hampshire Road recommended in the City’s 2014 Bicycle Master Plan. This
project will provide a crossing for K-8 students connecting to nearby Blevins Middle School and
Olander Elementary, while also supporting the completion of the low-stress Hampshire Bikeway. This
project requires a 20% local match ($123,963), which will be paid from funds already appropriated in
the Engineering Department’s Pedestrian Program and the FC Moves Department’s CCIP - Bike Plan
Implementation fund. A total of $4,959 is provided for Art in Public Places for the Project.
2. Second Reading of Ordinance No. 102, 2019, Amending Section 2-569 of the Code of the City
of Fort Collins Regarding the Ethics Review Board. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, changes City Code
Section 2-569(d)(1) to extend the time for initial screening of an ethics complaint by the Ethics Review
Board from ten working days to thirty working days, plus an additional fourteen days in the event of
extenuating circumstances.
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3. Second Reading of Ordinance No. 103, 2019, Adding a New Article XII to Chapter 12 of the Code
of the City of Fort Collins Relating to the Cultivation and Extraction of Hemp. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, regulates the personal
cultivation of hemp within the City of Fort Collins in the same manner that marijuana cultivation is
regulated.
4. Second Reading of Ordinance No. 104, 2019, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, makes amendments to
the Land Use Code. The proposed revisions, clarifications and additions to the Code that address
specific subject areas that have arisen since the last update was initiated in the spring of 2019.
5. Second Reading of Ordinance No. 105, 2019, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with
the Realigned Lemay Avenue Bridge over Vine Drive and Burlington Northern Santa Fe
Railroad Tracks. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, seeks authorization from
City Council to use eminent domain, if necessary, to acquire property interests along Realigned Lemay
Avenue. The acquisitions will include purchase of rights-of-way and permanent easements from three
property owners. To meet project construction timelines, timely acquisition of the property interests is
necessary. Staff fully intends to negotiate in good faith with the affected owners and is requesting
authorization to use eminent domain only if project staff and the City Attorney’s office believe such
action is necessary after reasonable efforts to negotiate an acquisition.
This action would ensure the City can secure all the right-of-way required to build the entire project
and complete the right-of-way acquisition phase of the project. There may still be a need for acquisition
of future temporary construction easements, but no additional permanent right-of-way acquisition.
6. Second Reading of Ordinance No. 106, 2019, Authorizing the Termination of the Declaration of
Covenants, Conditions, Restrictions and Easements for Inverness Innovation Park. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, authorizes the termination
of a restrictive covenant that is obsolete and no longer beneficial to property on East Vine Drive.
7. First Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
The purpose of this item is to move $51,275 accumulated during 2018 in the Waste Innovation Fund
account into the City's General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
8. First Reading of Ordinance No. 110, 2019, Increasing the Current Loan Fund Available for the
Epic Loan Program and Appropriating Funds for the Program From Reserves in the Light and
Power Fund. (Adopted)
The purpose of this item is consideration of an Ordinance to increase from $1.6 million to $2,488,350
the revolving loan fund available in the Utilities’ Light and Power Fund to provide loans to Utilities’
customers under the Epic Loan Program (Program) and to appropriate these funds for the Program.
This increase in the loan fund is the result of the City recently receiving for the Program a grant of
$200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg Philanthropies.
The Program, formerly known as the On-Bill Utility Financing Program, provides low-cost financing to
Utilities’ customers for energy efficiency, water efficiency, and renewable energy improvements.
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The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City’s Electric Utility Enterprise from third-party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
at this September 3rd meeting), and (iii) up to a $1.5 million loan from either the Colorado Clean Energy
Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise Borrowings are approved
by the Enterprise Board, the revolving loan fund for the Program will be increased under the Ordinance
to $7,488,350.
This item was discussed at the July 15, 2019, Council Finance Committee meeting with support to
bring forward the included ordinance for full Council consideration.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens mentioned Item No. 8, First Reading of Ordinance No. 110, 2019,
Increasing the Current Loan Fund Available for the Epic Loan Program and Appropriating Funds
for the Program From Reserves in the Light and Power Fund, stating these funds will enable
people to borrow money to help make their homes more energy efficient and will allow owners of
multi-family buildings the opportunity to make them more energy efficient. She noted this will
aid in meeting climate action goals and provides lower interest loans that can be paid back on
utility bills.
City Manager Atteberry noted the Utilities homepage of fcgov.com contains information about the
Epic Loan Program.
• STAFF REPORTS
A. Actual Cumulative Revenue Compared to Budget & Accuracy of Cumulative Budgeting Expenses.
Lawrence Pollack, Budget Director, stated he will be discussing the cumulative revenue compared
to the budget and the accuracy of cumulative budget expenses. Both metrics fall within the High
Performing Government Outcome Area and link to two specific strategic objectives: providing
world-class municipal services to residents and business and leveraging data technology and
metrics in helping evaluate the performance delivery to the community.
Pollack stated all major revenue sources are on track for 2019; however, there are implications for
2020 that will be discussed at next week's worksession. He stated expenses do not include large
capital projects and detailed the expenses versus revenue noting the main part of the underspend
is the result of timing differences.
B. Wood Recycling Program.
Kendra Boot, City Forester, discussed the mission of the Forestry division noting its focus on
safety, customer service, stewardship of the canopy cover, and collaboration. Material for the
program is produced from tree care maintenance operations and the residential Christmas tree
recycling program. She discussed the history of the wood recycling program, noting it aligns with
the Culture, Recreation, and Environmental Health Outcome Areas.
Boot detailed the amount of wood diverted from the landfill and associated costs over the last
several years. The price per cubic yard to recycle the material is less than the price to take it to the
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landfill. Boot discussed the wood recycling process and success of the free mulch giveaway days.
Mayor Troxell asked how staff ensures contaminated wood is not recycled. Boot replied there is
currently a federally mandated quarantine around Boulder County related to the Emerald Ash
Borer Beetle.
Councilmember Cunniff asked if the only source of wood for this program is the City's own tree
canopy and community Christmas trees. Boot replied in the affirmative.
Councilmember Cunniff asked what resources are available for private tree canopy maintenance
and prevention. Boot replied there are some resources on the Forestry Department's webpage and
any of the 16 certified arborists on staff can answer questions.
Councilmember Pignataro asked about the best way for the public to find out about the free mulch
giveaway dates. Boot replied there is social media outreach, an alert on the webpage, and posters
hung around town.
Councilmember Pignataro requested input regarding when the City will aid in branch removal
after a major storm. City Manager Atteberry replied that is determined on a case-by-case basis
based on the severity of the storm, the time of year, and the amount of branches in the right-of-
way. Mike Calhoon, Director of Parks, replied there is a pre-defined plan and set of criteria. A
crew from Forestry and Streets will complete a post-storm inspection using those criteria to
determine the level of assistance to be provided by the City.
Councilmember Pignataro commended the wood recycling program.
Mayor Pro Tem Stephens commended Boot on her work and requested information about the plan
for dealing with the Emerald Ash Borer Beetle. Boot replied the City does have a dynamic
management plan and stated there are approximately 7,700 ash trees on public property but close
to 67,000 throughout the community, or about 1/3 of the total canopy cover. Baseline information
has been collected on the trees to help in creating a plan moving forward.
Councilmember Summers asked if there is a preemptive tree planting program in place. Boot
replied in the affirmative and stated there are always attempts to diversify the urban forest. She
stated recent budget funds have aided in replacing ash trees and staff has been working with
developers to determine the best time to replace existing trees and avoid planting ash trees on new
developments.
Mayor Pro Tem Stephens asked about the treatment process for the Emerald Ash Borer Beetle.
Boot replied treatment cost the City of Boulder around $5-7 per diameter inch and it must be
completed every three years in perpetuity.
Councilmember Gutowsky asked about the City's liability should trees in developments die due to
lack of water. Boot replied it depends on who planted the tree. She discussed the possibility of a
warranty period for trees that will be inherited by the City. She noted trees must be watered
thoroughly for the first two to three years.
Councilmember Gutowsky asked about developments with large swaths of dead grass due to lack
of water, particularly along Ziegler Road. City Manager Atteberry replied some of those cases
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involve the landowners changing from bluegrass to natural grasses, which can take three to ten
years to establish, but will ultimately be more sustainable.
• COUNCILMEMBER REPORTS
Councilmember Gorgol reported on the Community Welcome at CSU, Tour de Fat, and the
Fortitude 10K event.
Mayor Pro Tem Stephens reported on the Black and White Ball, a fundraiser for the Museum of
Discovery.
Councilmember Pignataro reported on the Black and White Ball which raised $65,000. She also
reported on the Urban Renewal Authority Board retreat.
Councilmember Gutowsky reported on the Pacific American Culture Center and El Centro event
at Lee Martinez Park.
Mayor Troxell reported on the launch of Connexion, the City-owned municipal broadband service.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 111, 2019, Amending Section 17-142 of the Code of the City of
Fort Collins Regarding Public Nudity. (Adopted on First Reading)
The purpose of this item is to amend the public nudity City Code provisions to make them consistent
with the permanent injunction issued by the United States District Court and agreed to by the City.
Councilmember Summers stated he pulled this item, given its extensive history.
Jason Medina recommended Council oppose this ordinance.
Dave Pierce opposed the ordinance.
Ray Martinez opposed the ordinance and stated he would like to see the item referred to the
Supreme Court.
Michelle Medina opposed the ordinance.
Paul Vencel questioned where his rights to not see nudity are being considered.
Rich Stave opposed public shaming stating this ordinance is a step in the right direction.
Craig Fortunato opposed the ordinance.
Lynn Gombos opposed the ordinance.
Armond Ribara opposed the ordinance.
Councilmember Summers thanked the speakers and noted the item was originally on the Consent
Agenda as it was a follow-up from a previous Council decision. His concerns align with some of
those mentioned; however, this item strikes language from the existing ordinance that the court
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has deemed indefensible and unenforceable. The state statute related to public indecency remains
in effect.
Councilmember Cunniff asked if private businesses, churches, and schools have the ability to set
their own dress codes. John Duvall, Deputy City Attorney, replied in the affirmative, stating
people could be asked to leave private property and could be cited or arrested if they do not do so.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 111, 2019, on First Reading.
Councilmember Gutowsky agreed with Councilmember Summers that Council is bound by the
decision of the 10
th
Circuit U.S. Court of Appeals; however, she agreed with former
Councilmember Martinez that she wanted this to be referred to the Supreme Court. It is
unfortunate the ordinance that reflected the city's values now has to be amended because of a few
people.
Mayor Pro Tem Stephens noted there was no guarantee the Supreme Court would have heard this
case. The City did pursue legal action and the result was the ordinance being overturned.
Mayor Troxell stated this has been a difficult issue for the community and concurred with
Councilmember Gutowsky's comments. He, too, would have liked to see the item referred to the
Supreme Court.
Councilmember Summers noted schools are mentioned both as public places and not public places.
He suggested the ordinance be amended to strike the reference to schools being public places. City
Attorney Daggett requested staff be allowed to review the language and provide feedback at
Second Reading.
Councilmembers discussed appropriate language related to public places.
Councilmember Gutowsky requested clarification on how the amended ordinance would affect
public schools. City Attorney Daggett replied this provision would make it a violation of the City's
laws to be nude in certain places. Schools and other entities are in control of their own facilities
and this does not interfere with their ability to be so.
RESULT: ORDINANCE NO. 111, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
10. Resolution 2019-093 Affirming that Digital Billboard Regulations Are Not a Council Priority.
(Adopted)
The purpose of this item is to limit further consideration of new digital billboard regulations.
Councilmember Summers stated he withdrew this item in order to determine whether there should
be any further deliberation.
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Sarah Mercer, attorney representing Lamar Advertising, discussed Lamar's participation in Sign
Code updates and the billboard reduction program. She requested the opportunity for this
conversation to continue.
Rich Stave stated it will be difficult for most citizens to understand what is going on with this
particular issue if standards are not developed.
Councilmember Summers suggested keeping dialogue ongoing.
Councilmember Cunniff asked if the annexation and redevelopment of East Mulberry properties
will result in the removal of off-premise billboards. Noah Beals, Zoning Services, replied they
would need to be removed if the business did not want them to count toward its sign allowance.
Councilmember Cunniff stated he supports the resolution as written, noting it is important to
provide clarity to staff on how to allocate resources.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-093.
Mayor Troxell noted this item could come back before Council at any time.
Mayor Pro Tem Stephens stated she would have liked to have worked on a billboard removal
program which would provide guidance over where the new digital billboards would be located.
RESULT: RESOLUTION 2019-093 ADOPTED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
• DISCUSSION ITEMS
11. Second Reading of Ordinance No. 107, 2019, Approving a Settlement Agreement in the Fort
Collins Mennonite Fellowship v. City of Fort Collins Lawsuit and, as Contemplated Under the
Agreement, Amending the Conditions Previously Imposed in City Council Resolution 2018-104
that Approved the Fort Collins Mennonite Fellowship's External Storage Lockers Minor
Amendment. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 6-1 (Nays: Gutowsky)
approves a lawsuit the Fort Collins Mennonite Fellowship (Fellowship) and its pastor Steve Ramer
filed last year in federal district court against the City and City Council. The Fellowship and Pastor
Ramer sued the City and Council challenging the four conditions the Council imposed in October 2018
on the Fellowship’s installation and operation of outdoor lockers at its 300 East Oak Street church
building it wished to make available to individuals experiencing homelessness (Locker Program).
These four conditions were imposed as part of the Council upholding on appeal the Planning and
Zoning Board’s previous approval of the Fellowship’s application for a minor amendment under the
City’s Land Use Code to allow the Locker Program.
Under the proposed settlement, the existing four conditions will be replaced with ten new conditions,
the City will pay $60,000 to reimburse the Fellowship and Pastor Ramer for the attorney fees and costs
they have incurred in the lawsuit and the lawsuit will be dismissed with prejudice.
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Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 107, 2019, on Second Reading.
Mayor Pro Tem Stephens stated she wanted to ensure neighbors understand their concerns were
heard and she encouraged the church to reach out and work with the neighborhood. She stated she
has always supported the locker program.
Councilmember Gutowsky stated she would not support the motion as she does not feel enough
has been done to safeguard residents and ensure them conditions will be enforced. She also urged
the church and neighborhood to attempt to find some common ground.
Mayor Troxell encouraged the Mennonite Fellowship and Pastor Ramer to work with the
neighbors in a constructive fashion.
RESULT: ORDINANCE NO. 107, 2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
NAYS: Gutowsky
12. Second Reading of Ordinance No. 108, 2019, Amending Article XVII, Section 15 of the Code of
the City of Fort Collins Relating to Short Term Rentals. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 5-2 (Nays: Pignataro,
Summers) codifies regulations addressing existing short-term rental (STR) licenses in multi-family
buildings, to decriminalize short-term rental offenses, and to clarify that the thirty-day limit in Section
15-646 was intended to be calendar days. These actions come after multiple work sessions and
outreach.
Kathryn Dubiel requested an explanation of addition of the phrase “non-primary” and asked
whether Council feels transient lodging is compatible with long-term residential use in multi-
family buildings. She also questioned using self-certification as a compliance method and asked
if the level of review on occupancy in short-term rentals is acceptable to Council.
Councilmember Cunniff requested a staff response to Ms. Dubiel's questions. Ginny Sawyer,
Policy and Project Manager, replied the change to “non-primary” was completed to ensure a
license was required in all scenarios. She stated inspectors actually measure windows for
compliance with egress standards; homeowners tend to look at windows to determine whether or
not they can get out. At this point, resources do not allow inspections of all properties; therefore,
some level of self-certification is necessary.
Councilmember Cunniff asked if the license fees could be raised to cover the inspection of all
short-term rentals. Sawyer replied that could possibly be done.
Councilmember Cunniff asked how occupancy is enforced. Sawyer replied there is not currently
an occupancy limit on short-term rentals; however, staff could bring forth a proposal to place
maximum occupancy numbers on advertisements.
Councilmember Cunniff asked if short-term rentals are subject to the occupancy ordinance.
Sawyer replied the occupancy ordinance requires a 30-day stay in the calendar year; therefore, it
does not apply to short-term rentals.
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Councilmember Cunniff stated he does not view non-primary short-term rentals as a housing use
but as a commercial lodging use and those should be treated as separate policies.
Councilmember Summers requested information about the number of multi-family short-term
rentals. Sawyer replied this ordinance will prevent any future short-term rentals in multi-family
buildings unless they meet R1 standards. Prior to this consideration, 60 licenses of this type were
issued, and a certain number were inspected. She stated every unit will need to be inspected prior
to being issued a new license; a new owner will not be eligible for a license; and no license will
be issued once a license has been expired for 30 or more days; therefore, there will be an attrition
process.
Councilmember Summers asked if the ordinance decriminalizes short-term rental offenses.
Sawyer replied staff had originally talked about decriminalizing, and upon further clarification and
work with the City Attorney's Office, determined that was not beneficial.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 108, 2019, on Second Reading.
Councilmember Pignataro requested staff inform Council as soon as the IBC takes some type of
stance on short-term rentals.
Mayor Pro Tem Stephens stated significant safety concerns with short-term rentals have led her to
support this ordinance. She also supported requiring maximum occupancy information in short-
term rental advertisements.
Councilmember Summers stated occupancy is an issue and minor safety measures are prudent and
well advised; however, he stated some of the R1 requirements are not minor in nature and will
require undue hardship to address.
Councilmember Gutowsky stated safety is of primary concern.
Mayor Troxell stated he would support the motion though not without some consternation.
RESULT: ORDINANCE NO. 108, 2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
13. Resolution 2019-092 Approving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Postponed to September 17, 2019)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the “Service Plan”). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to-be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed-use center
that will offer light commercial use on the first floor, residential for-rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
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for-sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
The public hearing for this Service Plan was previously noticed in accordance with Council’s Metro
District Policy to be conducted at Council’s August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council’s Rules of Procedure, to continue this matter to
the Council’s next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee-title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
City Manager Atteberry stated staff is requesting this item be continued to September 17 to allow
additional time to work with the developer.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to continue the
consideration of Resolution 2019-092 to September 17, 2019.
Rich Stave suggested a list be made of what both the City and Metro District are going to provide
and for how long. He questioned how the citizens of Fort Collins interact with this type of entity.
Josh Birks, Economic Health Director, replied he would provide a more detailed written response
for the September 17 meeting, but in general, there will be some ongoing operations and
maintenance that the Northfield Metro District will continue to provide and there are other
facilities, such as streets, that are being built to City standard and are usually turned over to the
City for ongoing maintenance despite the upfront capital coming from the metro district.
Councilmember Gorgol asked how the City voices its goals for attainable and affordable housing
when approached by a developer about a metro district. Birks replied the developer will be able
to provide more details on September 17; however, the service plan includes a commitment for 65
units at 80% or less of the area median income. He stated he will continue to share Council's desire
for affordable units with the developer.
Councilmember Gorgol stated there are specific questions related to energy standards and she
would like to see more specific questions for affordable housing. Birks replied there is currently
a two-step process that occurs before the Council Finance Committee sees the first view of the
service plan. The first step involves the submission of a letter of intent by a developer to form a
metro district which is reviewed by a core staff group and the second step involves the submission
of a draft service plan based on the City's model service plan, which is fully vetted by staff.
Councilmember Gorgol asked if changes can be made between the service plan and development
plan stages. Birks replied the service plan does not bind Council to approving the development
agreement; however, if there is a desire to change some fundamentals of the promise made in the
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service plan, it should be amended. The reason changes have not typically been made between
service plan and development agreement is because the development agreement involves
following through on promises made.
Mayor Troxell noted part of the service agreement development includes the triple bottom line
analysis and there is a clear discussion about the public benefits that will be provided through the
metro district mechanism.
Councilmember Summers asked about the City's annual affordable housing goals. Birks replied
the City would ultimately like 10% of its housing stock to be affordable, and the current annual
target is about 180 units per year.
Councilmember Summers noted the Northfield development includes 14.7% affordable units and
51% under $350,000. He questioned why that is seen as not enough affordable housing and noted
energy efficiency requirements drive up costs. The City needs to be fair with developers who are
attempting to not only meet but exceed affordable and attainable housing goals and are doing an
adequate job with energy efficiency.
Councilmember Pignataro stated there may need to be a broader conversation about metro districts.
City Attorney Daggett noted the motion on the table is to continue this item.
Councilmember Cunniff stated he was prepared to vote against this application because the
definition of extraordinary outcomes is vague. The metro district policy needs to be reexamined
and made more specific. He also expressed concern about the inclusion of things like a pool which
are not public amenities. He would like to see more work done on the triple bottom line analysis
prior to September 17 and expressed concern population growth is counteracting climate action
efforts.
Councilmember Cunniff stated he would support the motion to continue the item but expressed
concern about the metro district policy.
Councilmember Pignataro asked if a metro district has ever been denied. Birks replied there have
been a few that were continued and additional changes requested.
Councilmember Pignataro asked what would happen if one were to be denied. Birks replied there
is no longer an opportunity for the metro district to move forward with its target election date at
some point which may or may not impact the fundamental feasibility of the developer to be able
to move forward with the project. He noted the September 17
th
meeting would be the last meeting
that this developer would have the opportunity to request Council consider the service plan before
this year's November election.
City Attorney Daggett noted Council is not required to approve metro districts.
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RESULT: RESOLUTION 2019-092 POSTPONED TO SEPTEMBER 17, 2019 [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Pignataro noted the state has recently provided municipalities the option to set
their own minimum wage and stated she would like to explore what it would take to do a study to
determine how to answer certain questions, such as how many community members a minimum
wage increase would affect; how the business community feels about the issue; and the results of
a wage increase in other similarly sized municipalities. She requested and received support to
investigate this possibility.
Mayor Pro Tem Stephens asked if there was a timeline enacted by the state on the ability for
municipalities to enact their own minimum wage. City Attorney Daggett replied the statute
includes an unusual limitation on the percentage of local governments that can adopt a local
minimum wage; therefore, timing will be affected by that.
Councilmember Gorgol requested Council support to direct staff to bring forth a resolution related
to welcoming immigrants and immigrant trust.
Mayor Pro Tem Stephens suggested getting some clarification between the community trust
ordinance and this potential resolution which could perhaps be more focused on local rather than
national issues.
Councilmember Summers stated there are far more important issues than this in terms of Council
priorities. He stated there is no reason for Council to be the caretaker of every individual's feelings
and questioned why immigrants who have been living in Fort Collins for years are suddenly
frightened.
Mayor Pro Tem Stephens stated the goal is to care about people in the community and suggested
a community conversation occur in October to garner the perspectives of residents.
Councilmember Gorgol noted equity and inclusion are Council priorities and not all residents feel
included or safe. She supported having a community conversation prior to drafting a resolution.
Councilmember Gutowsky stated she supports both the community conversation and some type of
written statement of trust for the community.
Councilmember Cunniff agreed a statement about the community's values should be made.
Councilmember Gutowsky stated she would like the scope of the statement to be limited to Fort
Collins.
Mayor Troxell stated Council should listen and create relationships through the community
conversation.
Councilmember Pignataro stated the community conversation will be valuable in determining from
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residents what needs to be resolved and how.
Councilmember Summers stated he would like to see non-critical boards and commissions meet
every other month unless Council business requires otherwise, beginning in 2020.
Councilmember Cunniff noted board and commission members, with a few exceptions, are not
being replaced and some boards are at risk of not having a quorum. The existing structure should
be fully resourced and staffed until a new structure is formulated.
City Manager Atteberry noted there will be a work session item on reimagining boards and
commissions on September 24.
Councilmember Pignataro asked if it would be prudent to place a moratorium on metro districts
until this Council's priorities are adequately placed in the metro district policy. Councilmember
Cunniff replied he would support that.
Josh Birks, Economic Health Director, stated Northfield is pending and staff has received
indication that an amendment to Block 23, which predates this policy, will be forthcoming. He
also noted the next available election for metro districts to be formed would be November 2020.
Councilmember Gutowsky asked how Council provides input to staff regarding revisions to the
Northfield plan prior to September 17. City Manager Atteberry replied staff will be meeting with
the developer and PICA representatives and will rely on past policy direction, which he
acknowledged is advisory and not regulatory.
Deputy City Manager Mihelilch mentioned some of the items that will be discussed with the
developer.
Mayor Pro Tem Stephens discussed the importance of having some flexibility in the metro district
policy.
City Attorney Daggett suggested staff could return with a suggested process for reviewing the
metro district policy. Councilmembers agreed.
• ADJOURNMENT
The meeting adjourned at 10:16 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Cheryl Distaso, Fort Collins Community Action Network, expressed concern about the use of
permethrin, a known carcinogen, for mosquito control. She questioned whether there is any
research that spraying permethrin reduces the incidents of West Nile Virus and expressed concern
regarding the execution of spraying on September 8.
Rich Shannon requested the subject of improved Medicare for all be included in Council's
legislative policy agenda.
June Hyman Cisnoski, League of Women Voters of Larimer County, supported a national health
insurance plan financed by general taxes to provide universal healthcare. She discussed the City's
goals that related to universal healthcare and requested Council include the topic in its legislative
policy agenda.
Forrest Carlson expressed concern about the use of permethrin-based pesticides as well as
herbicide and pesticide spraying in general.
Howard Wasserman supported the Linden Street renovation project that maintains as many
diagonal parking spaces as possible.
Eric Sutherland requested Council pledge to ensure none of the tax revenues coming from a
proposed School District tax increase would be diverted to the Downtown Development Authority
or Urban Renewal Authority.
Reverend Andrew Boesenecker requested the subject of universal healthcare be included in
Council's legislative policy agenda.
Jamie Stein expressed concern about the use of permethrin for mosquito control. She stated there
are better alternatives.
Nadia Hare expressed concern about the removal of parking as part of the Linden Street
redevelopment.
Liz Tufte expressed concern about the use of permethrin for mosquito control.
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Vicky McLane, Larimer Alliance, urged Council to reinstate the City's moratorium on oil and gas
development.
Janice Lynne expressed concern about the negative health effects of ozone resulting from oil and
gas development in the area. She urged Council to revisit the City's moratorium on oil and gas
development.
Debbie Bjork urged Council to reinstate the City's moratorium on oil and gas development.
Susan Wilmer expressed concern about the removal of parking as part of the Linden Street
redevelopment. She supported the plan which will maintain the most diagonal parking spaces.
Wally VanSickle supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
George Grossman supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Cynthia Scarpa requested the animal noise ordinance be updated to put parameters around the
terms “excessive, continuous, and untimely” and requested consistency in how complaints are
handled by animal control.
Shirley White opposed allowing fracking in the city.
Myles Crane, Senior Advisory Board, announced an event called Intergenerational Conversations
at the Senior Center.
Marta Acree supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Nicky (no last name given) expressed concern about the use of permethrin for mosquito control.
Linda Roth supported the Linden Street redevelopment plan which will maintain the most diagonal
parking spaces.
Viv (no last name given) read a letter from a student regarding the lack of education about climate
change in schools. She expressed concern about the use of permethrin for mosquito control.
Janelle Williams supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Jarrel Klaver expressed concern about the Linden Street redevelopment project.
Virginia McAulife stated an alternative to make no changes to Linden Street was not presented
and stated she would support the option preserving the most parking.
Hugh Kapong expressed concern about the use of permethrin for mosquito control.
Susan McFadden requested Council use its leadership to protect future generations from the
harmful effects of climate change. She requested Council support PICA's metro district policy
framework.
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Ted Walkup, Poudre Canyon Group of the Sierra Club, requested Council mandate greater energy
efficiency and more affordable housing in metro districts.
Nick Francis, Partners in Climate Action, PICA, questioned why staff has yet to meet with
representatives from his organization regarding the co-creation of metro district policy.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff requested an update as to when Council will be addressing the mosquito
spraying issue. City Manager Atteberry replied the conversation should begin in the winter and
be completed in mid-spring. Mike Calhoon, Director of Parks, replied a conversation with the
technical advisory committee will occur at the end of the year and a discussion around what was
learned from this season will occur resulting in recommendations to Council in the spring.
Mayor Pro Tem Stephens thanked the speakers and noted most discussed topics are on upcoming
agendas. She stated Council may consider adding healthcare to its legislative policy agenda at
some point.
Councilmember Pignataro thanked the speakers and requested assurance that the public will be
made aware of mosquito spraying discussions over the winter. She stated she would consider
bringing up Medicare for all under Other Business as it does touch on four City priorities. She
questioned why the PICA representatives have yet to be granted a meeting with City staff. City
Manager Atteberry replied he will look into the issue and inform Council.
Councilmember Gorgol requested an overview of the communication between PICA
representatives and City staff. City Manager Atteberry replied he would return with information
quickly.
Councilmember Gutowsky thanked the small business owners who expressed concern about losing
parking on Linden Street. She stated she would like to revisit the topic under Other Business.
Councilmember Cunniff noted the Legislative Policy Committee could also opt to consider the
inclusion of universal healthcare on its agenda.
City Manager Atteberry stated conversations have occurred with Linden Street area businesses and
more are planned, including an open house on September 30. An administrative recommendation
will be coming in the first couple weeks of October and following that, Council will have the
opportunity to weigh in.
• CONSENT CALENDAR
Councilmember Summers withdrew Item No. 4, Second Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, from
the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the August 20, 2019 Regular Council Meeting
and the August 27, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 20, 2019 Regular Council Meeting
and the August 27, 2019 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, moves $51,275
accumulated during 2018 in the Waste Innovation Fund account into the City's General Fund account
for approved projects to develop new organizational processes that enable departments to divert more
waste material from landfill disposal.
3. Second Reading of Ordinance No. 110, 2019, Increasing the Current Loan Fund Available for
the Epic Loan Program and Appropriating Funds for the Program from Reserves in the Light
and Power Fund. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019 increases from $1.6
million to $2,488,350 the revolving loan fund available in the Utilities’ Light and Power Fund to provide
loans to Utilities’ customers under the Epic Loan Program (Program) and to appropriate these funds
for the Program. This increase in the loan fund is the result of the City recently receiving for the
Program a grant of $200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg
Philanthropies. The Program, formerly known as the On-Bill Utility Financing Program, provides low-
cost financing to Utilities’ customers for energy efficiency, water efficiency, and renewable energy
improvements.
The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City’s Electric Utility Enterprise from third-party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
on Second Reading at this September 17 meeting), and (iii) up to a $1.5 million loan from either the
Colorado Clean Energy Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise
Borrowings are approved by the Enterprise Board, the revolving loan fund for the Program will be
increased under the Ordinance to $7,488,350.
4. First Reading of Ordinance No. 112, 2019, Appropriating Prior Year Reserves in the Data and
Communications Fund for Implementation of Electronic Plan Review. (Adopted)
The purpose of this item is to appropriate funds from the reserves of the Data and Communications
Fund for implementation of electronic plan review as part of the building permit process.
5. First Reading of Ordinance No. 113, 2019, Amending the City of Fort Collins District-Precinct
Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting
Requirement of Section 7-87(d) of the City Code. (Adopted)
The purpose of this item is to align City precinct boundaries with County precinct boundaries as
required by Section 7-66 of the City Code. None of the divided precincts affect Council district
boundaries.
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6. First Reading of Ordinance No. 114, 2019, Vacating Portions of Rights-of-Way Dedicated on the
Waterfield Third Filing Plat. (Adopted)
The purpose of this item is to vacate various rights-of-way dedicated on the Waterfield Third Filing plat
that are no longer necessary or desirable to retain for roadway purposes. The rights-of-way vacation
includes various public road rights-of-way within the Waterfield development. The property is being
sold to a new developer who is proposing a revised project layout. The existing on-site road rights-of-
way need to be vacated prior to recording the new plat. The vacation will not impact any existing
rights-of-way of adjacent public streets (North Timberline Road, East Vine Drive, East Suniga Road,
Merganser Drive (south of Suniga Road), Turnberry Road or Conifer Street). The property is currently
proposed to be replatted as Waterfield Fourth Filing.
• STAFF REPORTS
A. Long-Term Homelessness Entries and Exits (staff: Beth Sowder)
Beth Sowder, Social Sustainability Director, discussed the City's priority on making homelessness
rare, short-lived, and non-recurring. She discussed the metric which is related to long-term
homelessness, or homelessness of six months or longer. The City's goal is to have more exits than
entries into long-term homelessness per quarter. Sowder detailed the homelessness initiatives in
the community and noted a new supportive housing complex, Mason Place, will begin construction
this month and Council will receive an update from Homeward 2020 in February.
Mayor Pro Tem Stephens commended the presentation and data collection efforts. She requested
information on the Myrtle Street single-occupancy project. Sowder replied there are 15 single-
room units in a converted home and it is specifically for people exiting incarceration.
Mayor Pro Tem Stephens thanked David Ruth, Homeward Alliance and Murphy Center Executive
Director, for his work in the community and asked about the success of the evening hour programs
at the Murphy Center. Mr. Ruth replied 725 people were served during evening hours last year
from December through April 30. Evening hours will begin in November this year. He discussed
the positive impact of the evening hours on the community.
Mayor Pro Tem Stephens asked if there are statistics available regarding where individuals exiting
homelessness went. Mr. Ruth replied approximately one-third moved out of Fort Collins and the
vast majority of those who received housing in Fort Collins did so through Housing Catalyst or
another affordable housing program.
Councilmember Summers asked about the growth in active long-term homelessness from the
second quarter of 2018 through the second quarter of 2019. Mr. Ruth replied the main reason is
better data collection. Entry and exit numbers are more significant.
Councilmember Summers asked about the criteria that determines the success of Redtail Ponds.
Sowder replied the project has been award-winning and there is a low level of turnover and a great
deal of support. She could provide additional details from Housing Catalyst at another time.
Mayor Pro Tem Stephens discussed the success of Redtail Ponds.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on a visit to Harmony Cottages celebrating Poudre High
School building its fourth home for Habitat for Humanity.
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Councilmember Pignataro reported on the Election Code Committee and Futures Committee
meetings and on the La Familia fundraiser.
Mayor Pro Tem Stephens reported on the North Front Range Metropolitan Planning Organization
and I-25 coalition meetings. She stated the area has recently been downgraded to a serious non-
attainment area for ozone.
Mayor Troxell reported on a Rotary Club breakfast with three former mayors and a Boys and Girls
Club fundraiser.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
7. Second Reading of Ordinance No. 111, 2019, Amending Section 17-142 of the Code of the City
of Fort Collins Regarding Public Nudity. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, amends the public
nudity City Code provisions to make them consistent with the permanent injunction issued by the
United States District Court and agreed to by the City.
In response to Council questions during First Reading about the definition of “public place” in Section
17-142(a)(3), staff has made changes to the Ordinance on Second Reading to clarify the exception for
protected activities, to ensure it is clear and includes those activities that would be protected, and to
move the exception into Section 17-142(b) with the other exceptions to the prohibition on public nudity.
The Ordinance was published on the City website on Tuesday, September 10.
Councilmember Summers stated he pulled the item in order to discuss possible pending Supreme
Court action.
Wes Moore stated he does not believe allowing public nudity is beneficial for the community and
stated the proposed changes could potentially cause a more expensive legal battle than would
moving forward with a possible Supreme Court case.
David Pierce opposed Council's adoption of the Ordinance on First Reading and requested Council
oppose it on Second Reading.
Ray Martinez stated there is a likely chance the Supreme Court will hear this type of case, which
is being brought forth by New Hampshire, and questioned the rush to pass an Ordinance that is
redundant of the court-issued injunction.
Rich Stave opposed treating individuals differently and stated this has nothing to do with
pornography. He stated personal liberty should not be governed.
Councilmember Summers discussed how the Supreme Court selects cases and stated there is a
very good chance it would take up this issue. There is no need to rush to adopt this Ordinance on
Second Reading.
Mayor Troxell requested details regarding the New Hampshire case. City Attorney Daggett
replied a town in New Hampshire had a law similar to the toplessness provision currently on the
books in Fort Collins. The town was sued by the same organization as was Fort Collins; however,
the town succeeded in court and the toplessness advocates are seeking Supreme Court review in
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the case. There is less likelihood the Supreme Court would take the case as it is not necessarily in
conflict with much of the other case law that has been decided on the issue.
City Attorney Daggett noted Fort Collins' time for seeking Supreme Court review has passed and,
pursuant to Council direction in May, the City moved forward to negotiate a settlement with the
plaintiffs in the case and a permanent injunction keeping the City from enforcing this part of the
Code has been issued. If there were to be action at the Supreme Court level that would modify the
state of the law on the issue, the City would have the opportunity to reopen the issue. There are
also practical benefits to removing unenforceable language from the Code.
Councilmember Summers asked when the Supreme Court would need to accept the New
Hampshire case. City Attorney Daggett replied it would be difficult to peg a date; therefore, should
Council not wish to adopt the Ordinance on Second Reading, she recommended it be postponed
indefinitely.
Councilmember Gutowsky stated she would favor a postponement.
Councilmember Summers made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of Ordinance No. 111, 2019, indefinitely.
Councilmember Cunniff stated he would not support the motion as it causes enforcement
confusion to have unenforceable laws on the books. Existing state law covers his concerns.
Mayor Pro Tem Stephens agreed and stated she would not support the motion.
Mayor Troxell stated he would support the motion citing the fact this lawsuit was brought forth by
non-community members.
Councilmember Gutowsky stated the Ordinance on the books reflects the city's values and it is
worth holding onto and waiting to see if another legal process will allow its reinstatement.
The vote on the motion was as follows: Yeas: Troxell, Gutowsky and Summers. Nays: Stephens,
Gorgol, Pignataro and Cunniff.
THE MOTION FAILED.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 111, 2019, on Second Reading.
Mayor Troxell stated he would support the motion given its unanimous vote on First Reading.
Councilmember Summers stated equal treatment is a matter of sociology, not biology and he will
therefore oppose the motion.
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RESULT: ORDINANCE NO. 111, 2019 ADOPTED ON SECOND READING [5 TO 2]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Stephens, Troxell, Cunniff
NAYS: Gutowsky, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
8. Resolution 2019-092 Approving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Defeated)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the “Service Plan”). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to-be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed-use center
that will offer light commercial use on the first floor, residential for-rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
for-sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
The public hearing for this Service Plan was previously noticed in accordance with Council’s Metro
District Policy to be conducted at Council’s August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council’s Rules of Procedure, to continue this matter to
the Council’s next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee-title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
At its September 3, 2019 meeting, the Council adopted a motion to again continue the hearing,
rescheduling the hearing for this September 17, 2019 meeting.
Mayor Troxell outlined the process for the hearing.
Jason Sherrill, Landmark Homes, introduced himself as the applicant representative and
introduced members of his group.
Mayor Troxell requested individuals come forward with procedural issues.
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Councilmember Cunniff stated he has had conversations with community members about metro
districts in general, though not in particular, and he does not believe that has any affect on his
ability to participate.
Councilmembers Pignataro, Gutowsky, and Gorgol and Mayor Pro Tem Stephens stated they are
in the same position.
Robert Rogers, White Bear and Ankele, stated he was made aware of some email communications
from PICA to Council and had some conversations with staff members about those messages
though he will not reference them in his presentation.
Josh Birks, Economic Health Director, discussed the project, located west of Lemay Avenue north
of the Alta Vista neighborhood. The current plan is for a multi-year, master-planned and phased
project to include 442 residential units. The service plan calls for 65 of the units to be affordable
at an 80% AMI level through a minimum of 20 years and complies with all key technical
provisions of the current policy and model service plan. Birks detailed those provisions and
discussed the stretch goals upon which this plan touches. The triple bottom line scans for metro
districts involve comparing the metro district proposal and service plan against a code-based
development, not against no development.
Mr. Sherrill discussed Landmark Homes’ focus on quality and providing home-ownership
opportunities. The location of this project is ideal and will create those opportunities. Mr. Sherrill
described the project noting it contains 47% green space. The combined mils for homeowners in
this development are lower than other Front Range metro district projects his company has built
and detailed the affordability, accessibility, energy efficiency, and connectivity aspects of the
project.
Nick Francis expressed concern about the process, stating the applicant, despite having a solid
presentation, did not hear concerns early enough. He questioned solar aspects of the project, why
so many of the energy efficiency components are only available for the market-rate units, whether
the pool and clubhouse are truly a public benefit, and whether the affordable units will be available
for purchase.
Rich Stave asked how the proposal complies with the Colorado Revised Statutes and questioned
the affordability and maintenance requirements of the project.
Mr. Sherrill stated the affordable component of the project has been discussed with Mercy
Housing, which is predominantly a for-rent provider. The units will be for rent but will be
available at 60% AMI. The clubhouse will be available for rent for other neighboring areas.
Ryan Moore, Green Insight, discussed the energy efficiency modeling for the project.
Councilmember Cunniff asked if some of the items on the public improvements list are funded by
the metro district mill levy. Birks replied the items listed in the service plan are those upon which
the capital mill levy can be spent.
Councilmember Cunniff asked if these items still must be completed on projects without metro
districts. Birks replied in the affirmative.
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Councilmember Cunniff asked if development impact fees are collected on these units. Birks
replied in the affirmative and stated the improvement cost estimates are net any sort of credit the
development might get as a result of items being funded by those fees.
Councilmember Cunniff asked when the last housing unit was constructed in a metro district in
Fort Collins. Birks replied the last units were the 400 apartments at Foothill Mall, which was the
first metro district in decades.
Councilmember Cunniff argued the city does not need metro districts in order for development to
occur given that fact. He asked why a calculation in the staff report shows a higher mortgage
payment for a house not in a metro district versus one in a metro district. Rachel Rogers, Economic
Health, replied the number indicates owners of metro district homes have less available income to
spend on their mortgage payment given the impact of metro district mill levies. Birks noted the
metro district tax burden is taken into account in setting the sales price for affordable units.
Councilmember Cunniff asked if metro districts are the only tool available to Colorado home-rule
cities for affordable housing purposes. Birks replied in the negative.
Mayor Pro Tem Stephens asked if the affordable housing units will all be rental units. Birks replied
there is a commitment to provide 65 units at or below 80% AMI with a 20-year commitment for
affordability. That commitment is not specific to rental or purchase units. Mr. Sherrill stated the
agreement with Mercy Housing may result in more than 65 rental units, but they could be available
for 60% AMI.
Mayor Pro Tem Stephens asked why the affordable units do not possess the same energy efficiency
options. Mr. Sherrill replied the letter of intent with Mercy Housing involves Landmark Homes
selling them the parcel at a significant discount for them to construct the affordable housing
products. He stated Mercy Housing has a standard of “green enterprise community”.
Councilmember Gorgol asked if the service plan can require the affordable housing to have the
same level of energy efficiency as the market-rate units. Birks replied that would be possible. Sue
Beck-Ferkiss, Social Policy and Housing Program Manager, replied it will be difficult to commit
a partnering organization, such as Mercy Housing, to the same standards. Mercy Housing usually
uses low income housing tax credit funding which requires enterprise green environmental
standards. While going above those standards is possible, it adds cost and costs must be kept low
in order to access tax credit funding. Ultimately, Mercy Housing would need to be asked if they
could accommodate additional energy efficiency components.
Mayor Pro Tem Stephens asked if much of the affordable housing in the community is built to the
enterprise green standards. Beck-Ferkiss replied in the affirmative and stated the standards are
similar to LEED silver standards.
Mayor Troxell asked about the wastewater system that needs to be replaced. Birks replied it is
within the Fort Collins system and it needs to be upgraded and upsized. The residents of the metro
district would not be paying the bill for the entire length of time; however, it will allow for the
infrastructure to be put into place and have the costs later reimbursed by the City.
Mayor Troxell asked what the impact fees will fund. Birks replied those funds will help offset the
impact of this project on various pieces of infrastructure.
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Mayor Troxell asked if there is any overlap between what the impact fees and metro district fund.
Birks replied in the negative.
Councilmember Cunniff stated homeowners in metro district developments are not able to
capitalize on property taxes that would have otherwise been considered as part of the value of the
house.
Mayor Troxell asked about the proposed landscaping of the green space. Mr. Sherrill replied there
will be a combination of more drought-tolerant plantings and other treatments that will be irrigated
with raw water.
Councilmember Gorgol asked about the pricing of the units. Mr. Sherrill replied the projected
pricing is $290,000 to $440,000 in today's dollars.
Councilmember Gorgol requested additional affordability components from the applicant and
suggested language related thereto. Mr. Sherrill replied the language is acceptable.
Councilmember Gutowsky asked about the distinct advantages to the developer for using a metro
district. Mr. Sherrill replied this project would look very differently without the benefit of a metro
district. The energy efficiency commitments and affordable housing component would not be
included.
Mayor Pro Tem Stephens made a motion, seconded by Mayor Troxell, to adopt Resolution 2019-
092.
Mayor Pro Tem Stephens stated she would like the language related to a 60% AMI for the rental
units included in her motion. Mayor Troxell accepted that as the seconder of the motion.
City Attorney Daggett read the exact language change into the record.
Councilmember Summers stated he was unsure the change is wise to impose on the developer.
Mr. Sherrill stated he is relying upon Mercy Housing which has stated it can make the 60% AMI
number work.
Mayor Pro Tem Stephens stated the 60% AMI number is common among affordable rental units
in Fort Collins.
Councilmember Summers asked if the 80% AMI units, per the service plan, are deed restricted.
Birks replied they would need to be deed restricted for a minimum of 20 years.
Councilmember Summers stated buying a deed restricted property is essentially the same as
renting as the resale price is so much lower and there are no benefits of appreciation.
Mayor Pro Tem Stephens requested input from staff. Beck-Ferkiss replied she would not equate
purchasing a deed restricted unit to renting. It does not provide the full benefit of home ownership
in the market for wealth appreciation, but there is generally some appreciation split and equity,
which does not occur in a rental situation.
Councilmember Summers stated purchasing deed restricted units does not help anyone move from
subsidized housing to non-subsidized housing. Beck-Ferkiss replied there has been a great deal of
appreciation benefit for owners in Provincetowne.
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Mayor Pro Tem Stephens thanked staff for working with the developers in getting additional
energy efficiency and thanked the developers for working with Mercy Housing in getting
affordable units. She stated this project will help deliver missing middle market housing in an area
close to Old Town and transportation hubs.
Councilmember Gutowsky expressed concern this project does not deliver extraordinary public
benefits and requested the applicant address that concern. Mr. Sherrill replied the extraordinary
public benefits include the expanded energy efficiency standards, affordability, a clubhouse
offered for attainable homeowners, as well as the construction of Suniga and other capital projects.
Councilmember Gutowsky asked if buyers are well informed of the additional metro district taxes
at the time of purchase. Mr. Sherrill replied in the affirmative and discussed the ongoing operations
and maintenance commitments of metro districts which aid residents.
Councilmember Pignataro stated her definition of extraordinary public benefit involves citizens
living beyond the neighborhood and includes Fort Collins as a whole. She thanked the applicants
for their work and stated she would like to see Council further detail its expectations in upcoming
metro district discussions.
Councilmember Cunniff expressed concern regarding the definition of extraordinary benefits in
the metro district policy. This project does not provide extraordinary projects, citing other
affordable housing projects with clubhouses. He also discussed Fort Collins' growth rate and the
lack of metro districts' participation in that growth rate. He would prefer to leave the mill levy
flat, or have metro districts for very specific outcomes, and leave the ability for the school district,
county, or other entity to assess a wider mill levy that would be evenly spread across the city.
Mayor Pro Tem Stephens stated there is a public benefit in gaining attainable and affordable
housing and current developers are not making room for that type of housing. She supported the
middle housing provided by this development and stated its ability to provide affordable housing
and meet stretch goals are important.
Councilmember Summers agreed with Mayor Pro Tem Stephens and thanked the developers for
their work on the development. The existing metro district policy needs to be used to evaluate the
project and there are commendable public benefits for the targeted population. He would support
the motion.
Councilmember Gorgol expressed concern about the prices of the units being attainable,
particularly given the additional metro district tax. Those taxes place an increased burden on the
attainable housing units and she opposed the separation of the affordable housing physically and
by energy efficiency options.
Mayor Troxell stated he would support the motion and stated that while Council will address the
metro district criteria, the applicant effectively met the existing criteria. Opposing this will go
against existing City objectives of various types. He expressed concern that discarding metro
districts as a tool would make it more difficult to accomplish community stretch goals and this
proposal deserves approval.
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Councilmember Gutowsky expressed concern regarding not extending energy efficiency
expectations to the affordable housing component and stated she is unsure of the extraordinary
public benefit the project provides.
RESULT: RESOLUTION 2019-092 DEFEATED [3 TO 4]
MOVER: Kristin Stephens, District 4
SECONDER: Wade Troxell, Mayor
AYES: Summers, Stephens, Troxell
NAYS: Pignataro, Gorgol, Gutowsky, Cunniff
City Attorney Daggett noted there was some discussion regarding staff bringing forth a resolution
about the reasons for disapproval of the metro district at the next meeting and suggested Council
may make a motion to do so.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to direct staff to
return with a resolution explaining the reasons for denial to include the insufficient public benefits
compared to the desire for extraordinary benefits, the unequal application of the energy benefits to
the affordable portions of the development, the unequal factor of the high mill assessment, and the
fact that other developments are occurring in Fort Collins without the benefit of a metro district.
Mayor Troxell questioned where the proposal fell short on affordability and energy efficiency.
Councilmember Cunniff replied it fell short on expanding the energy efficiency components to the
affordable units and stated there were missed opportunities on extraordinary benefits in terms of
replacing natural gas heating with other options.
Councilmember Pignataro disagreed with the applicant's assessment of the number of citizens who
may be able to afford this housing and stated the proposed pool is not a public amenity.
Mayor Troxell noted this resolution would be explanatory in nature.
The vote on the motion was as follows: Yeas: Gutowsky, Cunniff, Stephens, Troxell, Gorgol and
Pignataro. Nays: Summers.
THE MOTION CARRIED.
RESULT: MOTION RETURN WITH A RESOLUTION EXPLAINING THE REASONS FOR
DENAL [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Stephens, Troxell, Pignataro, Gorgol, Gutowsky, Cunniff
NAYS: Summers
Motion to continue past 10:30 PM
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, to continue the
meeting past 10:30 PM to consider any additional business as may come before Council and to
consider the Electric Enterprise Utility agenda.
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RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
• OTHER BUSINESS
Mayor Pro Tem Stephens requested and received Council support to request additional
examination of the noise ordinance code related to animal noise.
Councilmember Cunniff requested additional information regarding the downtown parking plan.
City Manager Atteberry replied data is being gathered and briefly discussed the idea of long-term
parking being located in the parking structures and short-term turnover parking being located on
street.
• ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, September 24, 2019.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn this meeting to 6:00 p.m., on Tuesday, September 24, for consideration of a possible
executive session and for such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 11:05 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: September 17, 2019 (8375 : Minutes-9/3, 9/17, 9/24)
City of Fort Collins Page 262
September 24, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: Pignataro
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of a motion to adjourn into executive session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City’s Attorneys and City
management staff to discuss the following matters as permitted under City Charter Article II,
Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-
402(4)(b):
1. Specific legal questions related to potential litigation regarding the City’s responsibility for
environmental remediation of conditions at the Larimer County Landfill; and
2. Specific legal questions related to a draft Compliance Order on Consent pertaining to
environmental remediation of conditions at the Larimer County Landfill.
Eric Sutherland questioned why Council believes it can receive accurate information from the City
Attorney given the routine examples of misinformation given to Council by the City Attorney. He
argued Council should never have considered the service plan for Northfield Metro District at its
last meeting and stated citizens cannot trust the City Attorney nor should Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ABSENT: Pignataro
• OTHER BUSINESS
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
suspend its rules of procedure to consider a motion from any Councilmember to reconsider the
motion by which it voted down Resolution 2019-092 and conduct a rehearing on the Consolidated
Service Plan for the Northfield Metropolitan District Nos. 1-3 at Council's October 1, 2019
meeting.
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RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
ABSENT: Pignataro
Jason Sherrill, Landmark Homes, thanked Council for considering a rehearing.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council
reconsider the motion by which it voted down Resolution 2019-092 and conduct a rehearing on
Consolidated Service Plan for the Northfield Metropolitan District Nos. 1-3 at Council's October
1
st
, 2019 meeting.
Councilmember Cunniff stated he understands the desire of fellow Councilmembers to make some
progress on affordable housing, but this is the wrong way to go about it. He opposed the process
of suspending Council's rules and rushing through the process to meet a deadline not imposed by
Council. This is a corruption of the process that benefits one development and expressed concern
there are no guarantees for Council to receive the benefits it is requesting. He would prefer to see
Council tighten its metro district policies to define extraordinary benefits.
Mayor Troxell stated this action shows Council is supporting its processes and the trust it has
developed throughout the community. He agreed metro district policies need to be addressed;
however, this project meets existing objectives and metro district stretch goals.
Councilmember Gutowsky stated there were several issues that concerned her which is why she
opposed the Resolution initially.
Councilmember Gorgol requested staff input regarding Councilmember Cunniff's concerns prior
to the next meeting.
Councilmember Summers agreed with Mayor Troxell and stated the service plan complies with
the existing metro district policy. The policy needs to be honored as it is.
Mayor Pro Tem Stephens stated it is important for the community to have affordable and attainable
housing.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
ABSENT: Pignataro
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Attachment: September 24, 2019 (8375 : Minutes-9/3, 9/17, 9/24)
City of Fort Collins Page 264
• ADJOURNMENT
The meeting adjourned at 7:25 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: September 24, 2019 (8375 : Minutes-9/3, 9/17, 9/24)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget Director
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 115, 2019, Appropriating Prior Year Reserves and Unanticipated Revenue
in Various City Funds and Authorizing the Transfer of Appropriated Amounts of Funds or Projects.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 1, 2019, combines 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 2019 annual budget appropriation. The
unanticipated revenue is primarily from fees, charges, rents, contributions
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (PDF)
2. Ordinance No. 115, 2019 (PDF)
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Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY October 1, 2019
City Council
STAFF
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 115, 2019, Appropriating Prior Year Reserves and Unanticipated Revenue in
Various City Funds and Authorizing the Transfer of Appropriated Amounts of Funds or Projects.
EXECUTIVE SUMMARY
The purpose of this Annual 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 2019 annual budget appropriation. The unanticipated revenue is
primarily from fees, charges, rents, contributions, donations and grants that have been paid to City departments
to offset specific expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Ordinance appropriates as supplemental appropriations unanticipated revenue and prior year reserves in
various City funds and authorizes the transfer of appropriated amounts between funds and/or projects. The City
Charter permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases
or new revenue sources, such as grants and reimbursements. The City Charter also permits the City Council to
provide, by ordinance, for payment of any expense from prior year reserves. 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 (i) the purpose for which the transferred funds are to be expended remains
unchanged, (ii) the purpose for which they were initially appropriated no longer exists, or (iii) 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 (Transfer Criteria).
If these appropriations are not approved, the City will have to reduce expenditures even though revenue and
reimbursements have been received to cover those expenditures.
The City Manager recommends all the supplemental appropriations and transfers in the Ordinance. The City
Manager has also determined that the proposed supplemental appropriations are available and previously
unappropriated in the funds designated in Section 2 of the Ordinance and that each appropriation will not cause
the total amount appropriated in each named fund to exceed the current estimate of actual and anticipated
revenues to be received in each such fund during the fiscal year. The City Manager has further determined that
all transfers of funds in the Ordinance satisfy one or more of the Transfer Criteria.
The table below is a summary of the expenses in each fund that make up the increase in requested
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 2
appropriations. Also included are transfers between funds and/or projects which do not increase net
appropriations, but per the City Charter, require City Council approval to make the transfer. A table with the
specific use of prior year reserves appears at the end of the agenda item summary.
A. GENERAL FUND
1. Sponsorships - Love the Fort Fund
This adjustment is to repurpose $12,500 of money originally set up to support new and creative initiatives
focusing on resident engagement around the uniqueness and original attributes of Fort Collins with an
external partner. After review of the initial funds that were expended, staff believes the funds are better
brought in house to be used for similar purposes, such as the Lateral Labs pop up event that was hosted
by the City and the Music District in July 2019. Any expenditures of these funds will be spent on other
things that support a uniquely Fort Collins approach to engagement and creativity.
FROM: Unanticipated Revenue $12,500
FOR: Community Engagement Activities $12,500
2. Land Bank Operational Expenses
This request is intended to cover expenses related to the land bank property maintenance needs for
2019. As expenses vary from year to year, funding is requested annually mid-year to cover these costs.
Expenses for 2019 include general maintenance of properties, raw water and sewer expenses,
electricity, prairie dog mitigation, and other as applicable.
FROM: Prior Year Reserves (Land Bank reserve) $45,693
FOR: Land Bank Expenses $45,693
3. Manufacturing Equipment Use Tax Rebates
Finance requests the appropriation of $405,437 to cover the amount due for the 2018 Manufacturing
Equipment Use Tax Rebate program as established in Chapter 25, Article II, Division 5, of the City Code.
The rebate program was established to encourage investment in new manufacturing equipment by local
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.
Funding Unanticipated
Revenue
Prior Year
Reserves Transfers TOTAL
General Fund $4,779,190 $884,527 $5,800 $5,669,517
Capital Projects Fund 190,125 0 249,377 439,502
Cultural Services Fund 70,930 0 40,000 110,930
Equipment Fund 289,165 0 0 289,165
Light & Power Fund 4,533 0 0 4,533
KFCG Fund (PFA) 0 136,419 0 136,419
Self Insurance Fund 0 410,000 410,000 820,000
Transportation Fund 468,163 900,000 0 1,368,163
Transportation CEF Fund 39,261 210,116 0 249,377
Water Fund 70,000 0 0 70,000
Wastewater Fund 10,000 0 0 10,000
Stormwater Fund 10,000 0 0 10,000
GRAND TOTAL $5,931,367 $2,541,062 $705,177 $9,177,606
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FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $405,437
FOR: Manufacturing Use Tax Rebates $405,437
4. Host Compliance - Short-Term Rentals Annual Subscription
In response to a steady stream of online platforms that advertise short term rentals (STRs), City staff
has had to fund technology that will monitor the occurrence of unlicensed short-term rentals (STR). Host
Compliance has developed a proprietary system to scan the internet to find active STR advertisements
and match them against licensed agencies, thereby allowing City staff to focus on noncompliant issues
by providing the documentation needed to pursue enforcement and to investigate proactively. The cost
of this software was not budgeted in CDNS and has been paid consistently by the City for 2 years.
FROM: Prior Year Reserves $17,129
FOR: Short-term rentals software license $17,129
5. Historic Structure Assessment (HSA) of the Fort Collins Water Treatment Plant No. 1 at Gateway
Park
The City has been awarded a $22,835 grant from History Colorado, to be matched by $15,000 of
Operations Services funds. This grant will fund professional structural engineering and architectural
services to provide a comprehensive assessment of the condition of the Water Treatment buildings and
filtration site features. As the facility has been offline since 1987, this HSA is the critical first step towards
a solution for the treatment plant that will balance the preservation and ecological needs of this defunct
water treatment plant with a functional use.
FROM: Unanticipated Revenue (grant) $22,835
FROM: Previously Appropriated Funds (Non-grant business unit) $15,000
FOR: Historic Structure Assessment (Grant business unit) $37,835
6. Juvenile Diversion Grant 2019-20
These grant funds support Restorative Justice Services in providing alternatives to the justice system
for youth who commit crimes in our community. Due to changes in state legislation, only half the grant
award was awarded this year (July 1-December 31, 2019.) Changes in the state process are why the
funds are being appropriated through the annual adjustment ordinance rather than the normal
appropriation process. The other half will be awarded in January 2020.
FROM: Unanticipated Revenue (grant) $33,809
FOR: Alternative sentencing for youth $33,809
7. College Downtown Survey
The City has been awarded a $25,000 grant from History Colorado to be matched by $15,000 of City
funds, to survey and document 50 buildings along College Avenue. This survey project furthers Council's
direction for proactive survey of Fort Collins' older building stock to guide development and is a
requirement for Fort Collins to retain its historic preservation certification through the Federal Certified
Local Government Program. The matching funds were previously appropriated in the Keep Fort Collins
Great (KFCG) Fund through the 2019-2020 Budgeting for Outcomes (BFO) process for anticipated
grants such as this.
FROM: Unanticipated Revenue (grant) $25,000
FOR: Historic survey $25,000
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 4
8. Harmony Gateway Illustration Project
This request is administrative in nature; staff is requesting that the budget that was originally carried
forward in the General Improvement District (GID) fund be transferred to the correct business unit. The
original budget was in the Downtown General Improvement District (GID #1) and should have been in
the General Fund. No new spending will occur as a result of this change.
FROM: Unanticipated Revenue (GID #1) $5,800
FOR: Harmony Gateway Illustration Project $5,800
9. Emergency Preparedness and Security (previously the Office of Emergency Management) FEMA
Grant
This is an administrative change that does not increase net appropriations. A portion of the budget for
the 2019-20 Emergency Preparedness and Security (EPS - previously the Office of Emergency
Management) needs to be recorded in a Grant business unit per City Charter.
FROM: Previously Appropriated Funds (Non-grant business unit) $130,000
FOR: Emergency Preparedness and Security (Grant business unit) $130,000
10. Forestry tree donations and miscellaneous revenue
This item appropriates unanticipated revenue from Forestry tree donations and miscellaneous revenue
(this includes the Christmas tree recycling program and fees collected to replace damaged trees).
FROM: Unanticipated Revenue (donations & miscellaneous revenue) $45,000
FOR: Forestry work & tree plantings $45,000
11. Fort Collins Police Services (FCPS) has received revenue from various sources and is also requesting
the use of reserves, to be appropriated to cover the related expenditures. A listing of these items follows:
a. $5,631 - Police Battle Grant 2018-2019 Supplemental-the Beat Auto Theft Through Law
Enforcement [BATTLE] Grant is a state funded grant for overtime for officers to reduce auto theft
and bring those who steal automobiles to justice. This grant pays for overtime on a reimbursable
basis. The original 2018-2019 grant was appropriated in the 2018 Annual Adjustment Ordinance
and this request is for additional funds awarded after the first round of awards.
b. $9,072 - Police Battle Grant 2019-2020-the Beat Auto Theft Through Law Enforcement [BATTLE]
Grant is a state funded grant for overtime for officers to reduce auto theft and bring those who steal
automobiles to justice. This grant pays for overtime on a reimbursable basis.
c. $33,033 - Black and Gray Market Marijuana Grant 2019 - The Black and Gray Market Marijuana
grant was administered by the District Attorney's Office funded through state marijuana sales taxes.
This grant is used to pay for overtime and equipment associated with the enforcement of black-
market marijuana criminals.
d. $5,384 - 2019 Click it or Ticket Grant - In 2019 Police Services was awarded a Click it of Ticket
Grant from the Colorado Department of Transportation to pay for officers to work overtime to conduct
enforcement activities.
e. $31,505 - State of Colorado Peace Officer Standards and Training (COPOST) Grant 2018-2019-
COPOST reimburses agencies within Colorado Police training and training equipment on a
reimbursement basis.
f. $11,000 - High Visibility Impaired Driving Enforcement Grant 2019-2020 - In 2019 Police Services
was awarded a High Visibility Impaired Driving Enforcement grant from the Colorado Department of
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
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Transportation to pay for overtime for DUI enforcement during specific holiday time periods.
g. $128,051 - Sale of Police records and other miscellaneous revenue - FCPS received revenue from
the sale of Police reports along with other miscellaneous revenue.
h. $307,249 - Police Overtime Reimbursement - Police Services help schedule security and traffic
control for large events. Since these events are staffed by officers outside of their normal duties,
officers are paid overtime. The organization that requested the officer presence is billed for the costs
of the officers' overtime. The different activities include, but not limited to, CSU football games, Tour
De Fat, Brew Fest, New West Fest and other events. Additionally, FCPS partners with Larimer
County to staff events at The Ranch. Police receives reimbursement from Larimer County for
officers’ hours worked at Ranch events.
i. $11,030 - Police City Give Donations-Unanticipated philanthropic revenue for the Police Explorer
Unit, K9 division and general Police use.
j. $2,500 - Shop with a Cop Grant - The program pairs volunteers from regional emergency services
with local children whose families are facing severe financial difficulties and limited/no housing.
Children selected by the McKinney Foundation (through the Poudre School District), are given gift
cards to purchase gifts for their immediate family members. Emergency personnel shop with them,
building bonds and providing assistance.
k. $20,428 - Movement of Funds Associated with the Northern Colorado Drug Task Force - As a part
of the movement of the of the Northern Colorado Drug Task Force (NCDTF) over to Larimer County
as a part of them being the fiscal agent, this transfer would account for the remaining amount of
State Asset Forfeiture and other funds for which Larimer County will now be the fiscal agent. This
includes an ancillary payment to the NCDTF from County court fines and fees of $14,160 previously
paid to the City for NCDTF and $6,268 is the remaining NCDTF reserves from asset forfeitures.
TOTAL APPROPRIATION
FROM: Unanticipated Revenue (2018 BATTLE Grant) $5,631
FROM: Unanticipated Revenue (2019 BATTLE Grant) $9,072
FROM: Unanticipated Revenue (Black & Gray Market MJ Grant) $33,033
FROM: Unanticipated Revenue (2019 Click it or Ticket Grant) $5,384
FROM: Unanticipated Revenue (COPOST Grant 2018-19) $31,505
FROM: Unanticipated Revenue (HVE Grant) $11,000
FROM: Unanticipated Revenue (Miscellaneous) $128,051
FROM: Unanticipated Revenue (Overtime Reimbursement) $307,249
FROM: Unanticipated Revenue (City Give Donations) $11,030
FROM: Unanticipated Revenue (Shop with a Cop Grant) $2,500
FROM: Unanticipated Revenue (County court fines and fees) $14,160
FROM: Prior Year Reserves (Asset forfeitures) $6,268
FOR: 2018 BATTLE Grant $5,631
FOR: 2019 BATTLE Grant $9,072
FOR: Black & Gray Market MJ Grant $33,033
FOR: 2019 Click it or Ticket Grant $5,384
FOR: COPOST Grant 2018-19 $31,505
FOR: 2019 HVE Grant $11,000
FOR: Police Services Operations $128,051
FOR: Police Services Operations $307,249
FOR: Police Services Operations $11,030
FOR: Shop with a Cop Grant $2,500
FOR: Transfer of NCDTF funding to Larimer County $20,428
12. Radon Kits
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Agenda Item 5
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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 for the purpose of restocking
radon test kits.
FROM: Unanticipated Revenue (radon kit sales) $3,960
FOR: Radon Test Kits $3,960
13. Radon Grant 2018-19 Addendum
City staff was invited to present on local initiatives at the International Radon Symposium in Denver. To
cover the costs of travel, stay, and registration, the Colorado Department of Public Health and
Environment (CDPHE) increased the purchase order of the radon grant. A 40% match is included from
previously appropriated money.
FROM: Unanticipated Revenue (grant) $1,328
FROM: Previously Appropriated Funds (Non-grant business unit) $531
FOR: International Radon Symposium (Grant business unit) $1,859
14. Roof Hail Damage Insurance Appropriation
These funds are intended to repair roof hail damage on 36 buildings resulting from the June 19, 2018
hailstorm. The City of Fort Collins has received $2,713,458 Insurance proceeds and expects to recover
another $1,362,685 in losses. All work is expected to be completed by August 2020.
FROM: Unanticipated Revenue (insurance proceeds) $4,076,143
FOR: Roof repair $4,076,143
15. Safety and Risk Management (SRM) Premium and Claims Adjustment (see Item #H1 for additional
information)
This Annual Adjustment is for the unanticipated increase of insurance premiums caused by 2018 hail
damage and increase claim amount realized in 2019. The amount from the General Fund Reserves will
be transferred to the Self-Insurance Fund.
FROM: Prior Year Reserves $410,000
FOR: Transfer to Self-Insurance Fund for increased insurance costs $410,000
B. CAPITAL PROJECTS FUND
1. Gardens Visitor Center Expansion
Unanticipated revenues received as donations for the visitor center expansion.
FROM: Unanticipated Revenue (City Give donations) $21,715
FOR: Gardens Visitor Center Expansion $21,715
2. Gardens Visitor Center Expansion transfer to reimburse Gardens on Spring Creek
Donations for the Visitor's Center expansion to be transferred to General Fund to reimburse the Gardens
on Spring Creek reserve fund in the General Fund for money previously provided from that reserve fund
to get the Gardens on Spring Creek project started. These donations flowed through City Give.
FROM: Unanticipated Revenue (City Give donations) $30,000
FOR: Reimburse Gardens on Spring Creek reserve in the General Fund $30,000
3. Poudre River Reach 4 Study Donation
2.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 7
This item appropriates a donation received for the feasibility study/design for the Reach 4 phase of the
Poudre River Downtown Master Plan. This item is linked to BFO Offer #32.7 ENHANCEMENT: Poudre
River Downtown Master Plan Reach 4 Feasibility Study.
FROM: Unanticipated Revenue (City Give donation) $25,000
FOR: Poudre River Downtown Master Plan $25,000
4. Nature in the City
Nature in the City gives out small grants for nature related projects. A grant was given to Front Range
Community College (FRCC) for a pollinator garden. FRCC returned the remaining unused funds of
$1,197, which needs to be appropriated for expenditure.
FROM: Unanticipated Revenue (return of unused funds) $1,197
FOR: Future use $1,197
5. College and Trilby Intersection Improvements
6520 South College Avenue-Vintage Marketplace. Approved minor amendment for dedication of right of
way and public sidewalk improvements requested of applicant. Capital Projects (CP) has improvements
scheduled at nearby intersection of College/Trilby and will be completing the project in 2021. As project
has not been designed and to avoid having the developer make improvements that may need to be
changed after project design, a payment in lieu of construction was requested from the applicant and
will be applied as a funding source to the project.
FROM: Unanticipated Revenue (payment in lieu of construction) $38,163
FOR: Public sidewalk improvements $38,163
6. Prospect Road and 1-25
Paradigm Properties, LLC is one of the property owners at the I-25 Prospect interchange. As part of the
overall project, property owners who benefit from the enhanced interchange are contributing right-of-
way with a total value of $500,000 to the overall project. This $32,500 is the amount Colorado
Department of Transportation paid Paradigm Properties for its right-of-way and is required to be paid to
the City for the right-of-way credit it has granted Paradigm Properties. These funds will be used by the
City for the project.
FROM: Unanticipated Revenue (right of way contribution) $32,500
FOR: I-25 and Prospect interchange improvements $32,500
7. Vine and Timberline Intersection Improvements
With new development the City can request that a developer build enhancements or pay the City to
construct them; this is termed a payment-in-lieu (PIL) of construction. This request appropriates a PIL
collected during the year to the Vine and Timberline Intersection Project; the project outcome will
signalize the intersection and remove the current four way stop.
FROM: Unanticipated Revenue (payment in lieu of construction) $38,950
FOR: Intersection improvements $38,950
8. CCIP Pedestrian Sidewalk-ADA
Engineering staff had requested a developer, by letter, make concrete repairs in accordance with an
acceptance walk-through on a recently developed property. The developer did not respond to numerous
requests; therefore, staff initiated a request to the financial company for issuance to the City the
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 8
remaining funds on their letter of credit so that the City could complete the necessary repairs. This is
being bundled with Sidewalk CCIP as this is the group who will execute the repairs and the sidewalk is
being brought up to current standards by the development.
FROM: Unanticipated Revenue (insurance payment) $2,600
FOR: Sidewalk repair $2,600
9. Payments in Lieu of Construction (see item #J1 for additional information)
With new development the City can request a developer to build enhancements or pay the City to
construct them; this is termed a Payment-in-lieu (PIL) of construction. This request appropriates PILs
collected during the year to various projects across the City. $210,116 to the Lemay and Vine
Intersection, $1,300 to the College and Trilby Intersection and $37,961 to the North Mason Street
Design. These funds will be transferred to the Capital Projects Fund in order to complete the projects.
FROM: Transfer from Transportation Capital Expansion Fees $249,377
FOR: Lemay and Vine Intersection $210,116
FOR: College and Trilby Intersection $1,300
FOR: North Mason Street Design $37,961
10. Art In Public Places - Poudre Whitewater Park (see item #D1 for additional information)
Transfer funding from Parks for Art in Public Places for additional artwork at Poudre Whitewater Park.
The $40,000 is matching funds from Parks per Resolution 2019-080.
FROM: Previously Appropriated Funds $40,000
FOR: Transfer to Cultural Services Fund $40,000
C. CULTURAL SERVICES FUND
1. Art in Public Places - Poudre Whitewater Park (see item #B10 for additional information)
Transfer funding from Parks for Art in Public Places for additional artwork at Poudre Whitewater Park,
$28,000 is from donations and $40,000 is matching funds from Parks per Resolution 2019-080.
FROM: Unanticipated Revenue (City Give donations) $28,000
FROM: Transfer from Capital Projects Fund (matching funds) $40,000
FOR: Art in Public Places (artwork & O&M) $68,000
2. Art in Public Places - Pianos About Town
Pianos About Town is a collaborative project between the City of Fort Collins Art In Public Places
Program, Bohemian Foundation, and the Downtown Development Authority. The project combines art
and music for the enjoyment of the community. Pianos are painted from May through October in Old
Town Square, where the public can interact with the artists as they work. Pianos are also painted in the
winter months, in various public indoor locations. The completed pianos then rotate to various locations
throughout Fort Collins, inviting people to admire the artwork and play a tune.
FROM: Unanticipated Revenue (City Give donation) $42,930
FOR: Pianos About Town (artwork & O&M) $42,930
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 9
D. EQUIPMENT FUND
1. State Compressed Natural Gas (CNG) Vehicle and Electric Charging Infrastructure Grants
This revenue is from the Alt Fuels Colorado ($262,880) and Charge Ahead ($26,285) grant programs
administered by the State Energy Office and the Regional Air Quality Council. Alt Fuels Colorado
provides 80% reimbursement on the incremental cost of natural gas vehicles, while Charge Ahead
provides infrastructure for vehicle charging stations.
FROM: Unanticipated Revenue (grants) $289,165
FOR: Natural Gas Vehicles and Charging stations $289,165
E. LIGHT AND POWER FUND
1. Art in Public Places - Sponsored Transformer Cabinets
Transformer Cabinet Mural Project Sponsorship. Donations were received by three entities to have the
transformer cabinets in their areas painted through the Art in Public Places (APP) Project to decrease
the prevalence of graffiti. Donators: Our Saviour's Lutheran Church $2,234, Observatory Village Master
Home Owners Association (HOA) $1,143 and Observatory Village Master HOA $1,156. Operations and
Maintenance costs are not applicable on painting projects at this small scale.
FROM: Unanticipated Revenue (donations) $4,533
FOR: Transformer Cabinet Mural Project $4,533
F. KEEP FORT COLLINS GREAT FUND (Poudre Fire Authority)
1. KFCG Reserve for Fire
Requesting the Keep Fort Collins Great Reserve for Fire to pay for Poudre Fire Authority's share of
regional fire command post (a vehicle that is used as the command center during major incidents, fully
equipped with communication devices).
FROM: Prior Year Reserves (KFCG PFA) $136,419
FOR: Regional fire command post $136,419
G. SELF INSURANCE FUND
1. Safety and Risk Management (SRM) Premium and Claims Adjustment (see Item #A15 for
additional information)
This Annual Adjustment is for the unanticipated increase of insurance premiums caused by 2018 hail
damage and increase claim amount realized in 2019. The amount from the General Fund Reserves will
be transferred to the Self-Insurance Fund.
FROM: Prior Year Reserves $410,000
FROM: Transfer from General Fund $410,000
FOR: Increase in Insurance costs $820,000
H. TRANSPORTATION FUND
1. Snow and Ice Removal
The 2019 snow budget has nearly been consumed. Appropriated budget in BFO is $1.3M and YTD
spending is $870K. The salt supply was intentionally depleted in early 2019 so maintenance and repair
work could be performed on the salt barn; therefore 6000 tons of salt will be purchased in final months
2.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 10
of the year. Additional funding of $900,000 is requested to ensure there is enough budget appropriated
to provide snow removal services from September through December 2019. The breakdown of the
request: $525,000 for salt and $375,000 for removal service and equipment maintenance.
FROM: Prior Year Reserves $900,000
FOR: Snow & Ice removal costs $900,000
2. Streets Work for Others Program
The Planning, Development and Transportation Work for Others is a self-supported program for all
“Work for Others” activities within Streets. Expenses are tracked and billed out to other City
departments, Poudre School District, CSU, CDOT, Larimer County, developers and other public
agencies. The original budget of $3.2M was an estimate based on scheduled projects. Additional
unanticipated projects were added in 2019. This additional appropriation of $300,000 is requested to
cover projects through the end of 2019. Revenue for performing the work will offset the expense (note -
expense will not be incurred without offsetting revenue).
FROM: Unanticipated Revenue (work to be billed) $300,000
FOR: Work for Others Program $300,000
3. Street Maintenance Program
The City took ownership of Saber Cat Drive from Poudre School District (PSD). PSD signed an
agreement to contribute $105,000 towards the cost to bring the Saber Cat to the standards in City Code
Section 24-98. In addition, Xcel Energy forfeited $8,858 from an escrow account for street repairs related
to Xcel's gas line/services improvements on Debra Drive and Rick Drive. The work was performed by
Connell Resources on behalf of the City and this revenue will offset a portion of those costs.
FROM: Unanticipated Revenue (contributions) $113,858
FOR: Street Maintenance Program $113,858
4. FC Bikes Program
FC Bikes received funding from the following sources: People For Bikes Big Jump Network Donation
($40,000); and Open Streets sponsorship, donations and vendor fees ($11,625). Funding from the
People for Bikes grant will support bicycle and pedestrian improvements along West Vine Drive and
Lancer Drive. Open Streets revenue is used to offset 2019 Open Streets event costs.
FROM: Unanticipated Revenue (People for Bikes City Give donation) $40,000
FROM: Unanticipated Revenue (Open Streets sponsorship, vendor fees) $11,625
FOR: Bicycle and Pedestrian improvements W. Vine/Lancer Dr $40,000
FOR: 2019 Open Streets event costs $11,625
5. Safe Routes to School
This funding was donated to the Safe Routes to School (SRTS) program by Scheels (an outdoor
equipment store) and the FoCo Fondo Fest (an annual recreational cycling event) to encourage more
kids to participate in the outdoor activity of bicycling. The funds must be used to support SRTS-sponsored
after-school biking clubs and other bicycle education targeted at local K-8 students.
FROM: Unanticipated Revenue (City Give donations) $2,680
FOR: Safe Routes to School Program $2,680
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 11
I. TRANSPORATION CEF FUND
1. Payments in Lieu of Construction (see item #B9 for additional information)
With new development the City can request a developer to build enhancements or pay the City to
construct them; this is termed a Payment-in-lieu (PIL) of construction. This request appropriates PILs
collected during the year to various projects across the City. $210,116 to the Lemay and Vine
Intersection, $1,300 to the College and Trilby Intersection and $37,961 to the North Mason Street Design.
These funds will be transferred to the Capital Projects Fund in order to complete the projects.
FROM: Prior Year Reserves (payment in lieu of construction) $210,116
FROM: Unanticipated revenue (payment in lieu of construction) $39,261
FOR: Transfer to the Capital Projects Fund $249,377
J. WATER FUND
1. Water Efficiency Grant (Colorado Water Conservation Board Water Plan Grant)
Fort Collins Utilities customers are facing increasing costs for water and are motivated to explore
waterwise landscapes. Also, a warming climate means that the community needs more successful,
waterwise, drought-tolerant landscapes. This grant allows Water Conservation staff to provide education
around and incentives for commercial-scale waterwise landscape transformation projects (e.g., turf-to-
native grass or other low-water-use landscapes). This grant from the Colorado Water Conservation
Board will help fund approximately six commercial and HOA landscape conversion projects that will save
an estimated 1.5 million gallons. This effort was selected for its value in meeting the goals of the
Colorado Water Plan and the projects will serve as case studies for others in Fort Collins and across
Colorado. Staff anticipate awarding between $5,000-$15,000 per project. These case studies will
increase knowledge about implementation, maintenance, cost, and community acceptance of landscape
conversion projects in HOA and commercial settings. This research will support complimentary regional
efforts lead by Northern Water and Colorado State University (CSU) Extension. Funding can also provide
additional support to customers affected by increases in the Excess Water Use surcharge and
compliments the Allotment Management Program (AMP), Ordinance No. 050, 2019.
FROM: Unanticipated Revenue (grant) $70,000
FOR: Water Efficiency training $70,000
K. WASTEWATER FUND
1. Supplement to Bacteriological Water Quality Monitoring Study
Northern Water Conservancy District has entered into an agreement with the City to participate in the
Bacteriological Water Quality Monitoring study and has contributed $20,000 towards the study. This
funding will be split evenly between the Wastewater Fund and Stormwater Fund. It will supplement the
current study and enable the City to conduct molecular analyses in 2019 to help identify human-related
source contributions of E. coli in the Poudre River and its tributaries. The study is primarily funded by
2019-2020 BFO enhancement offer 9.69.
FROM: Unanticipated Revenue $10,000
FOR: Bacteriological Water Quality Monitoring study $10,000
2.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
Agenda Item 5
Item # 5 Page 12
L. STORMWATER FUND
1. Supplement to Bacteriological Water Quality Monitoring
Northern Water Conservancy District has entered into an agreement with the City to participate in the
Bacteriological Water Quality Monitoring study and has contributed $20,000 towards the study. This
funding will be split evenly between the Wastewater Fund and Stormwater Fund. It will supplement the
current study and enable the City to conduct molecular analyses in 2019 to help identify human-related
source contributions of E. coli in the Poudre River and its tributaries. The study is primarily funded by
2019-2020 BFO enhancement offer 9.69.
FROM: Unanticipated Revenue $10,000
FOR: Bacteriological Water Quality Monitoring study $10,000
CITY FINANCIAL IMPACTS
This Ordinance increases total City 2019 appropriations by $9,177,606. Of that amount, this Ordinance
increases General Fund 2019 appropriations by $5,669,517 including use of $884,527 in prior year reserves.
Funding for the total City appropriations is $5,937,167 from unanticipated revenue, $2,541,062 from prior year
reserves and $699,377 from transfers between Funds.
The following is a summary of the items requesting prior year reserves:
ATTACHMENTS
1. PowerPoint Presentation (PDF)
Item # Fund Use Amount
A2 General Land Bank Operational Expenses $45,693
A3 General Manufacturing Equipment Use Tax Rebates 405,437
A4 General Host Compliance - Short-Term Rentals Annual
Subscription
17,129
A11k General Movement of Funds Associated with the Northern Colorado
Drug Task Force
6,268
A15 General SRM Premium and Claims Adjustment 410,000
G1 KFCG KFCG Reserve for Fire 136,419
H1 Self Insurance SRM Premium and Claims Adjustment 410,000
I1 Transportation Snow & Ice Removal 900,000
J1 Transportation CEF Payments in Lieu of Construction 210,116
Total Use of Prior Year Reserves: $2,541,062
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8376 : SR 115 Annual Adjustment)
-1-
ORDINANCE NO. 115, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE
AND AUTHORIZING TRANSFERS IN VARIOUS CITY FUNDS
WHEREAS, the City has received unanticipated revenue this fiscal year and has prior year
reserves available for appropriation; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, 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, do not exceed the current estimate
of actual and anticipated revenues to be received for that fiscal year and such appropriations may
include funds available for expenditure from reserves accumulated in prior years, notwithstanding
that such reserves were not previously appropriated; and
WHEREAS, the City Manager is recommending the supplemental appropriations
described herein and has determined that these appropriations are available and previously
unappropriated in the funds named within Section 2 of this Ordinance and that each appropriation
will not cause the total amount appropriated in each named fund to exceed the current estimate of
actual and anticipated revenues to be received in each such fund during this fiscal year; and
WHEREAS, Article V, Section 10(b) of the City Charter authorizes the City Council
during any fiscal year, upon recommendation of the City Manager, to transfer by ordinance any
unexpended and unencumbered appropriated amount or portion thereof from one fund or capital
project to another fund or capital project, provided that at least one of the following criteria is
satisfied: (i) the purpose for which the transferred funds are to be expended remains unchanged,
(ii) the purpose for which the funds were initially appropriated no longer exist, or (iii) the proposed
transfer is from a fund or capital project in which the amount appropriated exceeds the amount
needed to accomplish the purpose specified in the appropriation ordinance (collectively, the
“Transfer Criteria”); and
WHEREAS, the City Manager has recommended all the transfers described herein and
determined that they each satisfy one or more of the Transfer Criteria; and
WHEREAS, the City Council finds and determines that the adoption of this Ordinance is
necessary for the public’s health, safety and welfare and, therefore, wishes to authorize the
expenditures described in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
-2-
Section 2: That there is hereby appropriated from the following funds the amounts of
unanticipated revenue and prior year reserves and authorizes transfers set forth below to be
expended for the purposes stated below.
A. GENERAL FUND
1. FROM: Unanticipated Revenue (return of unused funds) $12,500
TO: Community Engagement Activities $12,500
2. FROM: Prior Year Reserves (Land Bank reserve) $45,693
TO: Land Bank Expenses $45,693
3. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $405,437
TO: Manufacturing Use Tax Rebates $405,437
4. FROM: Prior Year Reserves $17,129
TO: Short-term rentals software license $17,129
5. FROM: Unanticipated Revenue (grant) $22,835
FROM: Previously Appropriated Funds (Non-grant business unit) $15,000
TO: Historic Structure Assessment (Grant business unit) $37,835
6. FROM: Unanticipated Revenue (grant) $33,809
TO: Alternative sentencing for youth $33,809
7. FROM: Unanticipated Revenue (grant) $25,000
TO: Historic survey $25,000
8. FROM: Unanticipated Revenue (GID #1) $5,800
TO: Harmony Gateway Illustration Project $5,800
9. FROM: Previously Appropriated Funds (Non-grant business unit) $130,000
TO: Emergency Preparedness and Security (Grant business unit) $130,000
10. FROM: Unanticipated Revenue (donations & miscellaneous revenue) $45,000
TO: Forestry work & tree plantings $45,000
11a. FROM: Unanticipated Revenue (grant) $5,631
TO: Police Battle Grant 2018-2019 Supplemental $5,631
11b. FROM: Unanticipated Revenue (grant) $9,072
TO: Police Battle Grant 2019-2020 $9,072
11c. FROM: Unanticipated Revenue (grant) $33,033
2.2
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
-3-
TO: Black and Gray Market Marijuana Grant 2019 $33,033
11d. FROM: Unanticipated Revenue (grant) $5,384
TO: 2019 Click it or Ticket Grant $5,384
11e. FROM: Unanticipated Revenue (grant) $31,505
TO: State of Colorado Peace Officer Standards and Training
(COPOST) Grant 2018-2019
$31,505
11f. FROM: Unanticipated Revenue (grant) $11,000
TO: High Visibility Impaired Driving Enforcement Grant 2019-2020 $11,000
11g. FROM: Unanticipated Revenue (miscellaneous revenue) $128,051
TO: Police Services Operations $128,051
11h. FROM: Unanticipated Revenue (miscellaneous revenue) $307,249
TO: Police Services Operations $307,249
11i. FROM: Unanticipated Revenue (Police City Give Donations) $11,030
TO: Police Services Operations $11,030
11j. FROM: Unanticipated Revenue (grant) $2,500
TO: Shop with a Cop Grant $2,500
11k. FROM: Unanticipated Revenue (Asset Forfeiture) $14,160
FROM: Prior Year Reserves (Northern Colorado Drug Task Force) $6,268
TO: Northern Colorado Drug Task Force $20,428
12. FROM: Unanticipated Revenue (radon kit sales) $3,960
TO: Radon Test Kits $3,960
13. FROM: Unanticipated Revenue (grant) $1,328
FROM: Previously Appropriated Funds (Non-grant business unit) $531
TO: International Radon Symposium (Grant business unit) $1,859
14. FROM: Unanticipated Revenue (insurance proceeds) $4,076,143
TO: Roof repair $4,076,143
15. FROM: Prior Year Reserves $410,000
TO: Transfer to Self-Insurance Fund for increased insurance costs $410,000
B. CAPITAL PROJECTS FUND
1. FROM: Unanticipated Revenue (City Give donations) $21,715
2.2
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
-4-
TO: Gardens Visitor Center Expansion $21,715
2. FROM: Unanticipated Revenue (City Give donations) $30,000
TO: Reimburse Gardens on Spring Creek reserve in the General Fund
(transfer to General Fund)
$30,000
3. FROM: Unanticipated Revenue (City Give donations) $25,000
TO: Poudre River Downtown Master Plan $25,000
4. FROM: Unanticipated Revenue (return of unused funds) $1,197
TO: Future use by Nature in the City $1,197
5. FROM: Unanticipated Revenue (payment in lieu of construction) $38,163
TO: Public sidewalk improvements $38,163
6. FROM: Unanticipated Revenue (right of way contribution) $32,500
TO: I-25 & Prospect interchange improvements $32,500
7. FROM: Unanticipated Revenue (payment in lieu of construction) $38,950
TO: Vine & Timberline Intersection improvements $38,950
8. FROM: Unanticipated Revenue (insurance payment) $2,600
TO: Sidewalk repair $2,600
9. FROM: Transfer of Payments in Lieu of Construction from
Transportation CEF Fund
$249,377
TO: Lemay & Vine Intersection $210,116
TO: College & Trilby Intersection $1,300
TO: North Mason Street Design $37,961
10. FROM: Previously Appropriated Funds (Poudre Whitewater Park) $40,000
TO: Transfer to Cultural Services Fund $40,000
C. CULTURAL SERVICES FUND
1. FROM: Unanticipated Revenue (City Give donations) $28,000
FROM: Transfer from Capital Projects Fund (matching funds) $40,000
TO: Art in Public Places (artwork & O&M) $68,000
2. FROM: Unanticipated Revenue (City Give donation) $42,930
TO: Pianos About Town (artwork & O&M) $42,930
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
-5-
D. EQUIPMENT FUND
1. FROM: Unanticipated Revenue (grants) $289,165
TO: Natural Gas Vehicles & Charging stations $289,165
E. LIGHT & POWER FUND
1. FROM: Unanticipated Revenue (donations) $4,533
TO: Transformer Cabinet Mural Project $4,533
F. KEEP FORT COLLINS GREAT FUND
1. FROM: Prior Year Reserves (KFCG PFA) $136,419
TO: Regional fire command post $136,419
G. SELF INSURANCE FUND
1. FROM: Prior Year Reserves $410,000
FROM: Transfer from General Fund $410,000
TO: Increase in Insurance costs $820,000
H. TRANSPORTATION FUND
1. FROM: Prior Year Reserves $900,000
TO: Snow & Ice removal costs $900,000
2. FROM: Unanticipated Revenue (work to be billed) $300,000
TO: Work for Others Program $300,000
3. FROM: Unanticipated Revenue (contributions) $113,858
TO: Street Maintenance Program $113,858
4. FROM: Unanticipated Revenue (People for Bikes City Give donation) $40,000
FROM: Unanticipated Revenue (Open Streets sponsorship, vendor fees) $11,625
TO: Bicycle & Pedestrian improvements W. Vine/Lancer Dr $40,000
TO: 2019 Open Streets event costs $11,625
5. FROM: Unanticipated Revenue (City Give donations) $2,680
TO: Safe Routes to School Program $2,680
I. TRANSPORTATION CEF FUND
1. FROM: Prior Year Reserves (Payment in Lieu of Construction) $210,116
FROM: Unanticipated revenue (Payment in Lieu of Construction) $39,261
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
-6-
TO: Transfer to the Capital Projects Fund $249,377
J. WATER FUND
1. FROM: Unanticipated Revenue (grant) $70,000
TO: Water Efficiency training $70,000
K. WASTEWATER FUND
1. FROM: Unanticipated Revenue $10,000
TO: Bacteriological Water Quality Monitoring study $10,000
L. STORMWATER FUND
1. FROM: Unanticipated Revenue $10,000
TO: Bacteriological Water Quality Monitoring study $10,000
Introduced, considered favorably on first reading, and ordered published this 1st day of
October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 115, 2019 (8376 : SR 115 Annual Adjustment)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Martina Wilkinson, Assistant City Traffic Engineer
Joe Olson, City Traffic Engineer
Kendra Boot, Forestry Senior Manager
Ingrid Decker, Legal
SUBJECT
Items Relating to Objects Obscuring Traffic Control Devices.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 117, 2019, Amending the Code of the City of Fort Collins as it Relates
to Objects Obscuring Traffic Control Devices.
B. Second Reading of Ordinance No. 118, 2019, Amending the Fort Collins Traffic Code as it Relates to
Objects Obscuring Traffic Control Devices.
These Ordinances, unanimously adopted on First Reading on October 1, 2019, amend the City Code and the
City Traffic Code as they relate to the responsibilities for pruning private trees, shrubs or other plants that
overhang or otherwise encroach on the public right-or-way. The changes will make the requirements in the
two Codes consistent and provide a level of flexibility for City staff to immediately address issues of safety in
the public right-of-way at its own expense, if needed.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 1, 2019 (PDF)
2. Ordinance No. 117, 2019 (PDF)
3. Ordinance No. 118, 2019 (PDF)
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 1, 2019
City Council
STAFF
Martina Wilkinson, Assistant City Traffic Engineer
Joe Olson, City Traffic Engineer
Kendra Boot, Forestry Senior Manager
Ingrid Decker, Legal
SUBJECT
Items Relating to Objects Obscuring Traffic Control Devices.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 117, 2019, Amending the Code of the City of Fort Collins as it Relates to
Objects Obscuring Traffic Control Devices.
B. First Reading of Ordinance No. 118, 2019, Amending the Fort Collins Traffic Code as it Relates to Objects
Obscuring Traffic Control Devices.
The purpose of this item is to consider revisions to the Fort Collins City Code and the City Traffic Code as they
relate to the responsibilities for pruning private trees, shrubs or other plants that overhang or otherwise encroach
on the public right-or-way. The changes will make the requirements in the two Codes consistent and provide a
level of flexibility for City staff to immediately address issues of safety in the public right-of-way at its own
expense, if needed.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Fort Collins City Code and Traffic Code have each historically addressed the importance of the visibility of
traffic control devices, including signs and signals. The Codes generally note that trees or shrubs planted on
private property with limbs that overhang the public right-of-way and create visibility issues must be pruned.
However, differences in the language of the two Codes currently creates ambiguity regarding who is responsible
for addressing safety concerns.
The Ordinances propose changes in both Codes to make them current and consistent. The general approach
has three components:
1. The responsibility for pruning private trees and shrubs rests with the property owner, except that the City will
prune as needed to prevent interference with City utility lines.
2. The City may notify an owner that vegetation must be pruned, or after proper notification the City may choose
to undertake the pruning at the owner’s expense.
3. In a case where the obstruction is creating an immediate safety concern and/or hazard, the City may remove
the obstruction in the public right-of-way without notice at the City’s expense.
ATTACHMENT 1
3.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (8378 : SR 117 118 Trees in Public ROW)
Agenda Item 6
Item # 6 Page 2
Summary of the Proposed Changes
The following City Code and Traffic Code changes are proposed. The full set of changes are included in the
Ordinances.
City Code Section 27-57 - Duty of Property Owner to Prune or Remove Trees or Shrubs
Current Text:
Requires owners to remove or prune trees or shrubs to ensure safe and convenient use of the public right-
of-way.
Notes that the City will prune as related to City utility lines.
Allows City to do the work after notice.
Proposed Changes:
Clarifies that vegetation, not just trees and shrubs, must not obscure traffic control devices (in addition to
street name signs).
Notes that City responsibility for pruning is only related to utilities (such as electric lines).
Adds a provision that the City may immediately address a right-of-way hazard at its own expense without
prior notice to the owner.
Traffic Code Section 114 - Removal of Traffic Hazards
Current Text:
Requires the property owner to address hazards.
Allows City to address hazards at owner’s expense after notification.
Proposed Changes:
Simplifies the description of affected vegetation to be consistent with City Code.
Clarifies how notice can occur, to be consistent with City Code.
Adds a provision that the City may immediately address a right-of-way hazard at its own expense without
prior notice to the owner.
3.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (8378 : SR 117 118 Trees in Public ROW)
-1-
ORDINANCE NO. 117, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS AS IT
RELATES TO OBJECTS OBSCURING TRAFFIC CONTROL DEVICES
WHEREAS, on February 18, 2003, the City Council adopted Ordinance 016, 2003
adopting and separately codifying the Fort Collins Traffic Code (“Traffic Code”); and
WHEREAS, Section 114 of the Traffic Code, regarding removal of traffic hazards, states
in part that the City’s Traffic Engineer may require a property owner to prune or remove any tree
limb or any shrub, vine, hedge or other plant that obscures any traffic control device; and
WHEREAS, it has recently come to the attention of City staff that Section 114 of the
Traffic Code may conflict with Section 27-57 of the City Code, last updated in 2006, regarding
the duty of property owners to prune or remove trees or shrubs; and
WHEREAS, Section 27-57 only requires property owners to trim or remove trees or shrubs
that obscure street name signs, and says the City will prune or remove trees or shrubs that interfere
with traffic control devices; and
WHEREAS, the difference between these two Code sections makes it ambiguous whether
responsibility to trim trees, bushes, and other plants that obscure traffic control devices lies with
the citizen or with the City; and
WHEREAS, it is critically important for the safety of the transportation system that traffic
control devices are clearly visible to motorists; and
WHEREAS, the City Council finds that the Traffic Engineer should be able to immediately
address any object obscuring a traffic control device; and
WHEREAS, City staff is recommending amendments to Section 27-57 of the City Code
and, by a separate ordinance, Section 114 of the Traffic Code, to make them consistent and give
the Traffic Engineer clear authority to remove, at the City’s expense, any object that is obscuring
a traffic control device; and
WHEREAS, the City Council finds that such amendments are in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Attachment: Ordinance No. 117, 2019 (8378 : SR 117 118 Trees in Public ROW)
-2-
Section 2. That Section 27-57 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 27-57. - Duty of property owner to prune or remove trees, shrubs, or other vegetation.
(a) It shall be the duty of the owner of any property within the City to cut, trim, prune or remove
as necessary any trees, shrubs, or other vegetation located upon the property of such owner in order
to provide for the safe and convenient use of streets, sidewalks, alleys or other City-owned property
in accordance with the following requirements:
(1) Vegetation growth must not encroach upon the plane of a public sidewalk or street.
(2) Tree branch growth must be maintained at a height no lower than eight (8) feet over a
public sidewalk and not less than fourteen (14) feet over the travel lanes of a street or alley.
(3) To ensure the safety of motorists on adjacent streets, sight distance triangles must be
maintained to protect visual clearances as required by the Traffic Engineer.
(4) Branches, trees, shrubs and other vegetation must not obscure street name signs or
official traffic control devices.
(5) Branches or trees that are broken, hanging, decayed or otherwise defective in any way
that threatens public property or the safe use thereof must be removed.
(b) Nothing in this Division shall be construed as requiring the owner of a private property to
trim or remove any trees or shrubs when such trimming or removing is required to prevent
interference with City utility lines. It shall be the duty of the City to do any cutting, trimming,
pruning or removing of trees or shrubs necessary for the safe use of City utilities.
(c) Should a property owner fail to maintain trees, shrubs or other vegetation in the manner
required by Subsection (a) of this Section, the City Forester may require that such work be done
by notice served upon the owner of such property in accordance with § 27-59. Such work must be
performed within the time period specified in such notice.
(d) If the Traffic Engineer reasonably determines a branch, tree, shrub or other vegetation, or
any other object on private property obscures an official traffic control device or traffic or
directional sign or view of traffic within a sight distance triangle, or otherwise constitutes a hazard
to drivers or pedestrians, the Traffic Engineer may, in his or her reasonable discretion and at the
City’s expense, work with the City Forester to immediately remove such obstruction within the
public right-of-way without notice to the property owner.
3.2
Packet Pg. 69
Attachment: Ordinance No. 117, 2019 (8378 : SR 117 118 Trees in Public ROW)
-3-
Introduced, considered favorably on first reading, and ordered published this 1st day of
October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 70
Attachment: Ordinance No. 117, 2019 (8378 : SR 117 118 Trees in Public ROW)
-1-
ORDINANCE NO. 118, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE AS IT RELATES
TO OBJECTS OBSCURING TRAFFIC CONTROL DEVICES
WHEREAS, on February 18, 2003, the City Council adopted Ordinance 016, 2003
adopting and separately codifying the Fort Collins Traffic Code (“Traffic Code”); and
WHEREAS, Section 114 of the Traffic Code, regarding removal of traffic hazards, states
in part that the City’s Traffic Engineer may require a property owner to prune or remove any tree
limb or any shrub, vine, hedge or other plant that obscures any traffic control device; and
WHEREAS, it has recently come to the attention of City staff that Section 114 of the
Traffic Code may conflict with Section 27-57 of the City Code, last updated in 2006, regarding
the duty of property owners to prune or remove trees or shrubs; and
WHEREAS, Section 27-57 only requires property owners to trim or remove trees or shrubs
that obscure street name signs, and says the City will prune or remove trees or shrubs that interfere
with traffic control devices; and
WHEREAS, the difference between these two Code sections makes it ambiguous whether
responsibility to trim trees, bushes and other plants that obscure traffic control devices lies with
the citizen or with the City; and
WHEREAS, it is critically important for the safety of the transportation system that traffic
control devices are clearly visible to motorists; and
WHEREAS, the City Council finds that the Traffic Engineer should be able to immediately
address any object obscuring a traffic control device; and
WHEREAS, City staff is recommending amendments to Section 114 of the Traffic Code
and, by a separate ordinance, to Section 27-57 of the City Code to make them consistent and give
the Traffic Engineer clear authority to remove, at the City’s expense, any object that is obscuring
a traffic control device; and
WHEREAS, the City Council finds that such amendments are in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Attachment: Ordinance No. 118, 2019 (8378 : SR 117 118 Trees in Public ROW)
-2-
Section 2. That Section 114 of the Fort Collins Traffic Code is hereby amended to read
as follows:
114. - Removal of traffic hazards.
(1) The Traffic Engineer or other local authority may by written notice require the owner
of real property abutting on the right-of-way of any highway, sidewalk or other public
way to trim or remove, at the expense of said property owner, any tree limb, shrub,
or other vegetation that projects beyond the property line of such owner onto or over
the public right-of-way and thereby obstructs the view of traffic, obscures any official
traffic control device or otherwise constitutes a hazard to drivers or pedestrians. Such
notice shall be personally served upon such person or, if not personally served,
conspicuously posted upon the property and also deposited in the United States mail,
addressed to the owner of record at the address on the assessment roll of the County
Assessor, or at such other, more recent, address as may be available to the City.
(2) In the event that any property owner fails or neglects to trim or remove any such tree
limb, shrub, or other vegetation within ten (10) days after receipt of written notice
from the City to do so, the City may do or cause to be done the necessary work
incident thereto, and said property owner shall reimburse the City for the cost of the
work performed.
(3) Nothing in this provision shall prohibit the City from enforcing Section 27-57(d) of
the Code enabling the City, in its discretion and at the City’s expense, to remove
anything that obstructs the view of traffic or official traffic control devices, or
otherwise constitutes a hazard to drivers or pedestrians, without providing notice to
any property owner.
Introduced, considered favorably on first reading, and ordered published this 1st day of
October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.3
Packet Pg. 72
Attachment: Ordinance No. 118, 2019 (8378 : SR 117 118 Trees in Public ROW)
-3-
Passed and adopted on final reading on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.3
Packet Pg. 73
Attachment: Ordinance No. 118, 2019 (8378 : SR 117 118 Trees in Public ROW)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
SeonAh Kendall, Economic Health Manager
Shannon Hein, Economic Health Business Specialist
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 120, 2019, Appropriating Prior Year Reserves, Unanticipated Revenue and
Authorizing Transfer of Funds for the Small Business Revolving Loan Fund Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 1, 2019, authorizes the transfer of funds
from the Keep Fort Collins Great Fund to the General Fund and appropriate therein and to appropriate
reserves and current year revenue from Platte River Power Authority (PRPA) Economic Development Program
funds in the General Fund to create the City of Fort Collins Revolving Loan Fund for small businesses and
startup companies operating in Fort Collins. The City will use the funds to support access to capital for small
businesses in Fort Collins, which have historically not had access to traditional financial capital markets
(“under banked” or “non-bankable”) The demographic focus of this program will be low-income, minority,
veteran, and women-owned small businesses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (PDF)
2. Ordinance No. 120, 2019 (PDF)
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Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 1, 2019
City Council
STAFF
SeonAh Kendall, Economic Health Manager
Shannon Hein, Economic Health Business Specialist
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 120, 2019, Appropriating Prior Year Reserves, Unanticipated Revenue and
Authorizing Transfer of Funds for the Small Business Revolving Loan Fund Program.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the transfer of funds from the Keep Fort Collins Great Fund to the General
Fund and appropriate therein and to appropriate reserves and current year revenue from Platte River Power
Authority (PRPA) Economic Development Program funds in the General Fund to create the City of Fort Collins
Revolving Loan Fund for small businesses and startup companies operating in Fort Collins. The City will use the
funds to support access to capital for small businesses in Fort Collins, which have historically not had access to
traditional financial capital markets (“under banked” or “non-bankable”) The demographic focus of this program
will be low-income, minority, veteran, and women-owned small businesses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A revolving loan fund (RLF) is a gap financing tool used for the development and expansion of small businesses
and startup companies. This Ordinance will support the first step in the development of the City’s RLF that over
time will become an “evergreen” source of capital for underserved and disadvantaged borrowers in the
community. “Evergreen” is the term used to refer to a self-replenishing pool of money through interest and
principal payments from previous loans to be used for new loans as budgeted and appropriated in future years.
Businesses with 1-100 employees make up 98% of all firms in Fort Collins. These businesses employ 47% of
the workforce and provide 40% of the total wages in our community.
Demonstrated need:
Data from the small business needs assessment deployed in 2018 demonstrated the need and interest
for capital resources from women-owned businesses, specifically women-owned businesses in the
revenue band of $100,000 - $499,000.
A report by Minority Business Development Agency <http://www.mbda.gov/sites/default
/files/DisparitiesinCapitalAccessReport.pdf>, found that, “Among firms with gross receipts under
$500,000, loan denial rates for minority firms were about three times higher, at 42 percent, compared to
those of non-minority-owned firms, 16 percent.”
The City’s Economic Health Office (EHO) has identified access to capital as a barrier to the small business
ATTACHMENT 1
4.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8379 : SR 120 Small Business Loans)
Agenda Item 4
Item # 4 Page 2
community within the Economic Health Strategic Goal, B.4, Increase Capital to Support Startup
Companies and Entrepreneurs. As such, EHO believes a revolving loan fund can support in meeting
Strategic Objective B.4.
Goals
The goals of the RLF include:
A. Encouraging business starts, strengthening and/or expansion of businesses through self-employment. This
in turn facilitates job creation as a means of economic self-sufficiency for low-and moderate-income
individuals.
B. Helping bridge the financial gap for small businesses which might eventually qualify for bank financing and
preparing the small business owner for traditional bank relationships.
C. Foster diversity in the business community by encouraging business ownership among traditionally
underserved minorities, women, and the disabled.
D. Promote entrepreneurship and business innovation as a means of harnessing the creative potential of small
businesses and investing in the economic success of the community.
Contributions to this RLF comes from two sources:
Platte River Power Authority (PRPA) support of economic development efforts (2017, 2018, 2019 and
beyond)
2019 City of Fort Collins Cluster Funding (one-time contribution)
Since 1982, Platte River has granted funds annually to support economic development efforts. Prior to 2017,
these contributions received by the City of Fort Collins were directed toward Rocky Mountain Innosphere
(Innosphere). In August 2017, the City requested PRPA to remit the funds directly to our organization in order to
support the development of a small business lending program. These funds were received in 2017 and 2018
and are in the City’s General Fund reserve available for appropriation. Funds to be appropriated are as follows:
Source Fund Amount
2017 PRPA Contribution General Fund $21,878
2018 PRPA Contribution General Fund 21,916
2019 PRPA Contribution General Fund 36,436
City of Fort Collins Cluster Contribution KFCG (transfer to General Fund) 98,500
Total RLF Appropriation and Transfer $178,730
Summer 2019, the City issued Request for Proposal (RFP) #8963 seeking a qualified, licensed and accredited
capital vendor to manage and administer the revolving loan fund on the City’s behalf (Attachment 1).
Term loans would be available to eligible small businesses for up to $50,000 for the following purposes:
Working capital
Equipment
Inventory
Business purchase
4.1
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8379 : SR 120 Small Business Loans)
Agenda Item 4
Item # 4 Page 3
Oversight
A representative from the selected vendor will meet with City of Fort Collins staff at least semi-annually to review
the program, lending data, and to provide updates. Staff will provide updates to City Council annually.
City Manager Recommendations
The City Manager is recommending the supplemental appropriations in this Ordinance. He has determined that
these appropriations, together with all other previous appropriations for this fiscal year, will not exceed the City’s
current estimate of actual and anticipated revenues for this fiscal year.
The City Manager is also recommending the transfer in this Ordinance of the $98,500 in the Keep Fort Collins
Fund to the General Fund. He has determined that these transferred funds, which were previously appropriated
this fiscal year for expenditure in the City’s Cluster Program to support small business, will continue to be used
for the same purpose in the RLF.
CITY FINANCIAL IMPACTS
Total PRPA contribution of $80,230 was received and earmarked for this program in 2017, 2018, and 2019.
Additional PRPA contributions from 2020 and beyond may also be used to expand this program. The remaining
$98,500 is from the strategic redeployment of 2019 appropriated cluster funds to support small businesses as
the Economic Health Office re-evaluates the City’s cluster program.
The City intends to work with a vendor who can leverage these dollars up to ten times the initial investment,
creating a larger loan pool for small businesses and creating a true evergreen fund in Fort Collins.
ATTACHMENTS
1. Request for Proposal Revolving Loan Fund (PDF)
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Attachment: First Reading Agenda Item Summary, October 1, 2019 (w/o attachments) (8379 : SR 120 Small Business Loans)
-1-
ORDINANCE NO. 120, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES, UNANTICIPATED REVENUE
AND AUTHORIZING TRANSFER OF FUNDS FOR THE SMALL BUSINESS
REVOLVING LOAN FUND PROGRAM
WHEREAS, the purpose of this Ordinance is to appropriate funds to be used to establish a
revolving loan fund program to provide a source of capital for underserved and disadvantaged
small businesses and start-up companies in Fort Collins that have historically not had access to
financial capital markets, such as those owned by women and minorities (the “RLF Program”);
and
WHEREAS, the RLF Program is intended to provide an “evergreen” source of funding,
meaning it will be a self-replenishing fund to be annually appropriated from the principal and
interest payments received from earlier loans to be used to fund new loans; and
WHEREAS, the RLF Program is consistent with and will further Goal B.4 in the City’s
Economic Health Strategic Plan adopted by City Council in Resolution 2015-059 (“Goal B.4”);
and
WHEREAS, Goal B.4 calls for increased capital to support start-up companies and
entrepreneurs by supporting the development of new and enhanced capital access tools, like the
RLF Program; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation in
combination with all previous appropriations for the fiscal year does not exceed the current
estimate of the actual and anticipated revenues to be received by the City during the fiscal year
and such appropriations may include funds available for expenditure from reserves accumulated
in prior years, notwithstanding that such reserves have not previously been appropriated; and
WHEREAS, the City Manager has recommended the supplemental appropriations
described herein and determined that these appropriations are available and previously
unappropriated from the General Fund and will not cause the total amount appropriated in the
General Fund for this fiscal year to exceed the current estimate of actual and anticipated revenues
to be received in the General Fund during this fiscal year; and
WHEREAS, Article V, Section 10(b) of the City Charter authorizes the City Council
during any fiscal year, upon recommendation of the City Manager, to transfer by ordinance any
unexpended and unencumbered appropriated amount or portion thereof from one fund or capital
project to another fund or capital project, provided that at least one of the following criteria is
satisfied: (i) the purpose for which the transferred funds are to be expended remains unchanged,
(ii) the purpose for which the funds were initially appropriated no longer exists, or (iii) the
4.2
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Attachment: Ordinance No. 120, 2019 (8379 : SR 120 Small Business Loans)
-2-
proposed transfer is from a fund or capital project in which the amount appropriated exceeds the
amount needed to accomplish the purpose specified in the appropriation ordinance; and
WHEREAS, the City Manager has recommended the transfer of funds from the Keep Fort
Collins Fund to the General Fund as described herein and determined that the purpose for which
the transferred funds are to be expended remains unchanged; and
WHEREAS, the RLF Program and the appropriations and fund transfer described herein
to establish it will benefit the public’s health, safety and welfare and will serve the public purposes
of furthering Goal B.4, improving the community’s economic health, and making capital available
to underserved and disadvantaged small businesses and start-up companies in Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FORTY-THREE THOUSAND SEVEN HUNDRED NINETY-FOUR
DOLLARS ($43,794) for expenditure in the RLF Program.
Section 3. That there is hereby appropriated from anticipated revenue budgeted in the
General Fund for this fiscal year, but not previously appropriated in the General Fund, the sum of
TWENTY-TWO THOUSAND DOLLARS ($22,000) for expenditure in the RLF Program.
Section 4. That there is hereby appropriated from unanticipated revenue in the General
Fund the sum of FOURTEEN THOUSAND FOUR HUNDRED THIRTY-SIX DOLLARS
($14,436) for expenditure in the RLF Program.
Section 5. That the unexpended appropriated amount of NINETY-EIGHT
THOUSAND FIVE HUNDRED DOLLARS ($98,500) in the Keep Fort Collins Great Fund is
hereby transferred to the General Fund and appropriated therein for expenditure in the RLF
Program.
Introduced, considered favorably on first reading, and ordered published this 1st day of
October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
Packet Pg. 79
Attachment: Ordinance No. 120, 2019 (8379 : SR 120 Small Business Loans)
-3-
Passed and adopted on final reading on the 15th day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
Packet Pg. 80
Attachment: Ordinance No. 120, 2019 (8379 : SR 120 Small Business Loans)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Jason Licon, Airport Director
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 121, 2019, Adopting the 2020 Budget and Appropriating the Fort Collins Share
of the 2020 Fiscal Year Operating and Capital Improvements Funds for the Northern Colorado Regional
Airport.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the 2020 budget for the Northern Colorado Regional Airport and
appropriate Fort Collins’ share of the 2020 fiscal year operating and capital funds for the Airport. The City’s
50% share of the 2020 Airport operating budget is $646,445 and 50% share of the 2020 capital budget is
$740,500, for a total City appropriation of $1,386,945.
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 Northern Colorado Regional Airport, located ten miles
southeast of downtown Fort Collins, just west of Interstate 25. 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 policymaking and management, and with each assuming responsibility for 50% of the capital
and operating costs associated with the Airport. Airport governance and management is set forth in the
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Airport dated January 22,
2015, as amended June 7, 2016 between the Cities (IGA).
The Airport’s mission is to provide a fiscally sustainable airport to the region with facilities that meet the highest
FAA standards for safety and efficiency while ensuring the long-term ability of the Airport to serve Northern
Colorado as a transportation hub and a global gateway for commerce. According to a 2013 State of Colorado
study, the Northern Colorado Airport provides a regional economic impact of approximately $129.4 million
annually.
All revenues derived from the Airport are applied to both operating and capital expenditures. Each City
contributes equal funding, when necessary, for Airport operating and capital needs as defined in the IGA.
External funding is also received through grants that are applied for and received by the Airport for eligible
projects from the Federal Aviation Administration and the Colorado Department of Transportation Division of
Aeronautics.
The 2020 Airport budget reflects a change in the way the City of Fort Collins provides funding to cover
operational costs of the Airport. In 2019 direct contributions by the City were discontinued and revenues are
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Agenda Item 5
Item # 5 Page 2
now being received by the Airport in the form of rent paid by the City under a land lease for a portion of jointly-
owned Airport property now being used for the Northern Colorado Regional Law Enforcement Training Center
(Training Center Lease).
This Ordinance appropriates the City of Fort Collins 50% share ($646,445) of the 2020 Airport operating
budget ($1,292,890) and 50% share ($740,500) of the 2020 capital budget ($1,481,000), for a total
appropriation of $1,386,945 by the City. The City of Loveland will be appropriating the other 50% of the total
2020 Airport budget ($2,773,890). The Airport’s operating budget is used to maintain and operate the facility in
compliance with all regulatory standards for safety and security and to achieve goals set by the Northern
Colorado Regional Airport Commission. The Airport’s capital budget will be used to complete improvement
projects, including the design for a new commercial terminal building and associated support infrastructure,
and the repaving of an existing aircraft taxiway.
Below are the external financial resources and required grant matches that are expected through federal and
state grants, and from airport revenues to fund the 2020 capital budget:
FAA Grants $835,000
State Grants $87,000
Airport Revenues $59,000
Airport Reserves $500,000
Total $1,481,000
The $500,000 item is an appropriation for use by the Northern Colorado Regional Airport Commission
consistent with the approved 2020 Budget for high priority projects. This Airport Reserve appropriation does
not require any additional funding from the Cities.
The Northern Colorado Regional Airport Commission approved the proposed 2020 Airport Budget and
recommended it for approval by the Fort Collins and Loveland City Councils on August 15, 2019. The City of
Loveland’s City Council will consider the 2020 Airport budget concurrently, with First Reading scheduled for
October 15, 2019 and Second Reading scheduled for November 5, 2019.
CITY FINANCIAL IMPACTS
This Ordinance appropriates the City’s 50% share of the annual budget for fiscal year 2020 for the Northern
Colorado Regional Airport, which totals $1,386,945 and is 50% of the $2,773,890 total combined 2020 Airport
operating and capital budget. The proposed budget does not include financial contributions from the City’s
General Fund as it has in previous years, as the anticipated Airport revenues will increase in 2020, primarily as
a result of the Training Center Lease payments by both Cities. The City of Loveland manages the Airport’s
budget and finances under the IGA; however, each City Council must approve the annual budget under the
IGA and, since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its
50% portion of the total Airport budget.
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ORDINANCE NO. 121, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2020 BUDGET AND APPROPRIATING THE FORT COLLINS
SHARE OF THE 2020 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT
FUNDS FOR THE NORTHERN COLORADO REGIONAL 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, now known as the Northern Colorado Regional
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 policymaking and management, and each
assuming responsibility for 50% of the Airport’s capital and operating costs; and
WHEREAS, pursuant to the Amended and Restated Intergovernmental Agreement for
the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015, and
the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint
Operation of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado
Regional Airport dated June 7, 2016, (collectively, the “IGA”), the Airport Manager prepares the
Airport’s annual operating budget and submits 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, under the IGA, each City’s share of the Airport’s annual operating budget
and the Airport capital improvement plan shall be appropriated by each City and transferred or
otherwise paid into the designated account to be used for Airport funding on an annual basis; 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 2020
Airport budget totaling $2,773,890, of which the City’s 50% share is $1,386,945 ($646,445 for
operations and $740,500 for capital); and
WHEREAS, the City Council is in the process of considering the City’s 2020 budget and
Ordinance No 129, 2019, which appropriates $177,500 in City funds to be transferred to the
Airport operating fund in payment of the City’s share of the rent due under the Lease of a portion
of the Airport property for construction and operation of the Northern Colorado Regional Law
Enforcement Training Center, which amount is included in the Land Lease revenues set forth in
the 2020 Airport Budget; and
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WHEREAS, pursuant to the IGA, the City of Loveland holds on behalf of both Cities the
revenues of, and other financial contributions to, the Airport in a fund, which includes
unappropriated and unencumbered, reserves (the “Airport Fund”); and
WHEREAS, the City’s 50% share of the 2020 Airport operating costs, to be held in the
Airport Fund, is $646,445; and
WHEREAS, funding for the 2020 capital improvements has been identified as follows:
FAA Grant $835,000
State Grant 87,500
Airport Revenues 59,000
Airport Reserves 500,000
Total $1,481,000; and
WHEREAS, the City’s 50% share of the 2020 Airport capital improvement costs, to be
held in the Airport fund, is $740,500; and
WHEREAS, the Airport Reserves item is an appropriation for use by the Northern
Colorado Regional Airport Commission for discretionary Airport projects; and
WHEREAS, City Finance staff has reviewed the financial statements for the Airport and
determined that the requested appropriation of Airport Reserves in the 2020 Airport Budget
meets the required limits set forth in the IGA; and
WHEREAS, this appropriation will not require additional funding from the Cities and is
consistent with the IGA.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves and adopts the 2020 Airport
operating and capital budget totaling $2,773,890 ($1,292,890 for operations and $1,481,000 for
capital), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference.
Section 3. That the City Council hereby appropriates in the Airport Fund $646,445 to
be expended to defray the City’s 50% share of the 2020 operating costs of the Airport.
Section 4. That the City Council hereby appropriates in the Airport Fund $740,500 to
be expended to defray the City’s 50% share of the 2020 capital costs of the Airport.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 85
1
RESOLUTION # R-6-2019
A RESOLUTION APPROVING THE 2020 AIRPORT BUDGET AND
RECOMMENDING APPROVAL BY THE CITY COUNCILS OF FORT COLLINS
AND LOVELAND
WHEREAS, the City of Fort Collins (“Fort Collins”) and the City of Loveland
(“Loveland”) jointly own and operate the Northern Colorado Regional Airport (the
“Airport”) pursuant to that Amended and Restated Intergovernmental Agreement for the
Joint Operation of the Fort Collins-Loveland Municipal Airport (the “IGA”), dated January
22, 2015, as amended; and
WHEREAS, pursuant to the IGA, the two Cities formed the Northern Colorado
Regional Airport Commission (“Commission”) and granted the Commission certain
authority, including the authority to develop the Airport budget; and
WHEREAS, the two Cities reserved to themselves the authority to approve the annual
Airport budget and the authority to approve each Cities’ annual contributions to and
appropriation of the Airport budget; and
WHEREAS, Airport staff has prepared the annual Airport budget for fiscal year 2020
(the “2020 Airport Budget”) and the Commission has reviewed the 2020 Airport Budget,
which is attached hereto as “Exhibit A” and incorporated herein; and
WHEREAS, after such review, the Commission approves the 2020 Airport Budget, and
recommends approval by the two City Councils along with appropriation of the necessary
funds for such 2020 Airport Budget.
NOW THEREFORE BE IT RESOLVED BY THE NORTHERN COLORADO
REGIONAL AIRPORT COMMISSION AS FOLLOWS:
Section 1. That the 2020 Airport Budget attached hereto as “Exhibit A” is hereby
approved.
Section 2. That the Commission recommends that the Fort Collins City Council and the
Loveland City Council each approve the 2020 Airport Budget. The Commission further
recommends that the City Councils approve each City’s annual contributions to and
appropriation of the 2020 Airport Budget.
Section 3. That this Resolution shall be effective as of the date and time of its adoption.
EXHIBIT A
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Attachment: Exhibit A (8377 : Airport 2020 Budget - ORD)
ADOPTED this ( 6'^ay ofAu
Wade Troxell, Chair of the
Northern Colorado Regional Airport Commission
ATTEST:
Secretary
APPROVED AS XO FORM
distant Citv Attorney
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Attachment: Exhibit A (8377 : Airport 2020 Budget - ORD)
2015 Actual 2016 Actual 2017 Actual 2018 Actual 2019 Budget 2020 Budget
OPERATING REVENUES
Hangar Rental 103,211 109,066 115,834 117,155 122,000 150,000
FBO Rent 69,486 78,216 78,216 98,060 88,250 88,250
Gas and Oil Commissions 148,955 119,168 152,779 199,017 155,000 180,000
State & County Aircraft Fuel Tax 70,292 88,103 107,181 112,080 112,000 113,000
Land Lease 185,497 207,553 193,554 232,541 235,000 644,000
Terminal Lease and Landing Fees 6,157 12,682 11,087 8,342 11,000 9,000
Parking 12,850 10,595 13,595 12,850 12,000 10,000
Miscellaneous 20,385 15,953 31,585 31,168 21,500 18,900
TOTAL OPERATING REVENUES 616,833 641,336 703,831 811,213 756,750 1,213,150
OPERATING EXPENSES
Personal Services 383,813 443,315 549,856 552,509 649,532 703,430
Supplies 38,162 41,753 41,130 55,943 63,000 74,500
Purchased Services 323,364 363,855 364,460 1,111,515 557,882 514,960
TOTAL OPERATING EXPENSES 745,339 848,923 955,446 1,719,967 1,270,414 1,292,890
OPERATING GAIN (LOSS) (128,506) (207,587) (251,615) (908,754) (513,664) (79,740)
NONOPERATING
REVENUES (EXPENSES)
City Conributions 355,000 405,000 520,000 485,000 355,000 0
Passenger Facility Charge 878 0 0 0 0 0
Interest Income 22,177 8,584 25,965 31,930 20,000 20,000
Capital Expenditures (1,100,931) (1,187,394) (878,970) (986,124) (989,250) (1,481,000)
TOTAL NONOPERATING
REVENUES (EXPENSES) (722,876) (773,810) (333,005) (469,194) (614,250) (1,461,000)
NET INCOME (LOSS) BEFORE
CAPITAL CONTRIBUTIONS (851,382) (1,292,271) (584,620) (1,377,948) (1,127,914) (1,540,740)
Capital Contributions 863,207 985,995 831,535 986,124 892,500 922,000
CHANGE IN NET POSITION 11,825 (306,276) 246,915 (391,824) (235,414) (618,740)
Reserve Appropriation 335,000 335,000 500,000 500,000
2020 Airport Budget
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Attachment: Exhibit A (8377 : Airport 2020 Budget - ORD)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Matt Robenalt, Executive Director
Kristy Klenk, Financial Coordinator
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 122, 2019, Being the Annual Appropriation Ordinance for the Fort Collins
Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2020 and Fixing
Mill Levy for the Downtown Development Authority for Fiscal Year 2020.
EXECUTIVE SUMMARY
The purpose of this item is to set the Downtown Development Authority (DDA) Budget.
The following amounts will be appropriated:
DDA Public/Private Investments and Programs $3,918,409
DDA Operations & Maintenance $ 959,165
Revolving Line of Credit Draws $6,400,000
DDA Debt Service Fund $8,256,548
The Ordinance sets the 2020 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 2020.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The 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.
CITY FINANCIAL IMPACTS
The DDA is requesting approval of the DDA Public/Private Investments and Programs budget for fiscal year
2020 in the amount of $3,918,409 and DDA Operation and Maintenance budget for fiscal year 2020 in the
amount of $959,165. It is requesting appropriation of up to $6,400,000 for the 2020 Line of Credit draws. It is
also requesting approval of the DDA debt payment commitments in the amount of $8,256,548 for 2020
obligations.
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Agenda Item 6
Item # 6 Page 2
Uses:
Alley Operations $ 106,870
Alley Capital Reserve Replacement 159,048
Downtown Wayfinding 40,000
Elks Lot Pre-Development 1,028,034
Elks Lot Construction Capital 1,839,941
Façade Grant Program 315,518
Gateway Entrances 55,000
Nighttime Economy Economic Impact Study 35,000
Old Town Square Operations 28,152
Old Town Square Capital Reserve Replacement 70,078
Urban Micro-Space Design Plan 105,814
Warehouse Operations 15,220
Other Public/Private Investments & Programs 119,734
Total $3,918,409
The 2020 Operations and Maintenance budget is projected as follows:
Uses:
Personnel Services $642,502
Contractual Professional Services 270,902
Purchased Supplies and Commodities 22,367
Other 23,394
Total $959,165
The 2020 Line of Credit draws, whose debt service payment will be made from the debt service fund, is
projected to fund up to $6,400,000.
Uses:
Old Firehouse Alley Parking Garage IGA Payment $ 300,000
Multi-Year Reimbursement Payments 621,361
Project Management Fees 111,092
Capital Asset General Maintenance 551,400
Capital Asset Reserve 186,058
Capital Asset Reserve & Replacement Annual Program 70,150
Future Public/Private Investments & Programs 4,559,939
Total $6,400,000
The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments
for 2020.
Uses:
Debt Payment: 2020 $8,256,548
BOARD / COMMISSION RECOMMENDATION
At its September 12, 2019 meeting, the Downtown Development Authority Board of Directors adopted its
proposed budget for 2020 totaling $19,534,122 and determined the mill levy necessary to provide for payment
of administrative costs incurred by the DDA.
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Agenda Item 6
Item # 6 Page 3
ATTACHMENTS
1. Boundary Map (PDF)
2. DDA Resolution 2019-03 Determining and Fixing the Mill Levy (PDF)
3. DDA Resolution 2019-04 Determining and Recommending the 2020 Budget (PDF)
4. DDA Resolution 2019-05 Appropriation of the 2020 Line of Credit Draw Service (PDF)
5. DDA Resolution 2019-06 Appropriation for Debt Service (PDF)
6. DDA Resolution 2019-07 Appropriation of Public-Private Investments & Programs (PDF)
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Cache La Poudre River
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E Vine Dr
Riverside Ave
N College Ave
S Lemay Ave
S College Ave
9th St
E Lincoln Ave
S Mason St
S Howes St
E Mulberry St
W Laurel St
Laporte Ave
Remington St
W Mulberry St
N Lemay Ave
W Mountain Ave
Jefferson St
N Mason St
N Howes St
E
S
un
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g
a
R
d
E Mountain Ave
Remington St
N
L
e
may
A
v
e
Smith St
E Elizabeth St
Mathews St
Peterson St
Locust 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
Willow St
W Myrtle St
Buckingham St
E Oak St
ATTACHMENT 2
6.2
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Attachment: DDA Resolution 2019-03 Determining and Fixing the Mill Levy (8337 : DDA Budget 2020)
ATTACHMENT 3
6.3
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Attachment: DDA Resolution 2019-04 Determining and Recommending the 2020 Budget (8337 : DDA Budget 2020)
ATTACHMENT 4
6.4
Packet Pg. 95
Attachment: DDA Resolution 2019-05 Appropriation of the 2020 Line of Credit Draw Service (8337 : DDA Budget 2020)
ATTACHMENT 5
6.5
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Attachment: DDA Resolution 2019-06 Appropriation for Debt Service (8337 : DDA Budget 2020)
ATTACHMENT 6
6.6
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Attachment: DDA Resolution 2019-07 Appropriation of Public-Private Investments & Programs (8337 : DDA Budget 2020)
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ORDINANCE NO. 122, 2019
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 THE FISCAL
YEAR 2020 AND FIXING THE MILL LEVY FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2020
WHEREAS, the Fort Collins Downtown Development Authority (the “DDA”) has been
duly organized in accordance with the Colorado Revised Statutes (“C.R.S.”) Section 31-25-804;
and
WHEREAS, on September 12, 2019, DDA Board of Directors (the “DDA Board”),
acting under the provisions of C.R.S. Section 31-25-816, adopted a proposed and recommended
DDA budget for the fiscal year beginning January 1, 2020, as reflected in DDA Board
Resolutions 2019-04, 2019-05, 2019-06 and 2019-07 (the “Budget”), and determined the mill
levy necessary to provide for payment during fiscal year 2020 of properly authorized operational
and maintenance expenditures to be incurred by the DDA; and
WHEREAS, it is the desire of the City Council to appropriate the sum of NINETEEN
MILLION, FIVE HUNDRED THIRTY-FOUR THOUSAND, ONE HUNDRED TWENTY-
TWO DOLLARS ($19,534,122) from the DDA Operation and Maintenance Fund and the DDA
Debt Service Fund for the fiscal year beginning January 1, 2020, and ending December 31, 2020,
to be used as follows;
DDA Public/Private Investments & Programs (O&M Fund) $3,918,409
DDA Operations & Maintenance (O&M Fund) 959,165
2020 Revolving Line of Credit Draws 6,400,000
DDA Debt Service Fund 8,256,548
Total $19,534,122
WHEREAS, the DDA Board, as reflected in DDA Board Resolution 2019-03, has
recommended to the Council that pursuant to C.R.S. Section 31-25-817 the Council set a mill
levy of five (5) mills, unchanged since 2002, upon each dollar of assessed valuation on all
taxable property within the DDA District, such levy representing the amount of taxes necessary
to provide for payment during the 2020 fiscal year for all properly authorized operational and
maintenance expenditures to be incurred by the DDA; and
WHEREAS, C.R.S. Section 39-5-128(1) requires certification of this mill levy to the
Larimer County Board of County Commissioners no later than December 15, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the City Council hereby approves the Budget established under
C.R.S. Section 31-25-816(1).
Section 3. That there is hereby appropriated for fiscal year 2020 for expenditure from
the DDA Operation and Maintenance Fund for the Downtown Development Authority
Public/Private Investments and Programs the sum of THREE MILLION NINE HUNDRED
EIGHTEEN THOUSAND FOUR HUNDRED NINE DOLLARS ($3,918,409), to be expended
to fund the payment of the DDA-related obligations that have been entered into or will be
entered into in furtherance of the DDA’s approved plan of development.
Section 4. That there is also hereby appropriated for fiscal year 2020 for expenditure
from the DDA Operation and Maintenance Fund for the Downtown Development Authority
Operation and Maintenance the sum of NINE HUNDRED FIFTY-NINE THOUSAND ONE
HUNDRED SIXTY-FIVE DOLLARS ($959,165), to be expended for the authorized purposes of
the DDA.
Section 5. That there is hereby appropriated for fiscal year 2020 for expenditure from
the Downtown Development Authority 2020 Line of Credit draws the sum of up to SIX
MILLION FOUR HUNDRED THOUSAND DOLLARS ($6,400,000), to be used to finance
DDA projects or programs in accordance with the DDA Plan of Development, including the
multi-year reimbursement payments and capital asset maintenance obligations.
Section 6. That there is hereby appropriated for the fiscal year 2020 for expenditure
from the Downtown Development Authority Debt Service Fund the sum of EIGHT MILLION
TWO HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS
($8,256,548), for payment of debt service on previously issued and outstanding bonds, and for
payment on the 2020 Line of Credit draws.
Section 7. That the DDA’s mill levy rate for the taxation upon each dollar of the
assessed valuation of all taxable property within the DDA District shall be five (5) mills to be
imposed on the assessed value of such property as set by state law for property taxes payable in
2020, which levy represents the amount of taxes necessary to provide for payment during fiscal
year 2020 of all properly authorized operational and maintenance expenditures to be incurred by
the DDA, as appropriated herein. The City Clerk shall certify said mill levy to the County
Assessor and the Board of County Commissioners of Larimer County, Colorado, no later than
December 15, 2019.
Packet Pg. 99
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Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 100
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Theresa Connor, Water Engineering Field Operations Mrg
Lance Smith, Utilities Strategic Finance Director
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 123, 2019, Making Appropriations and Authorizing Transfers of Appropriations
for the Spring Creek Sanitary Trunk Sewer Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this appropriation request of $656,500 from the Wastewater Fund cash reserves is to allow for
the replacement of a section of sewer main that is at risk of imminent failure. On July 14, 2019, a section of
the Spring Creek Trunk Sewer, located between Stover and Ukiah Lane, collapsed and needed an emergency
repair on a 20-foot section of the pipeline. Subsequent televising of the rest of the 500-foot section of pipeline
has found that it is structurally compromised and should be replaced. In addition, significant longitudinal
cracks were found in the 100-foot section of pipe just downstream. This section of pipe is the original 24-inch
clay. Staff is recommending lining this section of pipe at the same time. This appropriation will allow for these
sections of pipe to be replaced this winter rather than through the next budget cycle in 2021.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On Sunday, July 14, 2019, Fort Collins Utilities on-call crews responded to a citizen call and found that a
section of the 24-inch Spring Creek Trunk Sewer had collapsed in a farm field just south of Prospect Avenue.
They quickly recognized that contractor assistance would be needed and called in assistance with bypass
pumping and construction of the repair. As the repair was underway, it was found that the 24-inch clay sewer
was completely gone and all that remained was a 21-inch fiberglass pipe liner. The liner had a date stamp of
1988 on it. There was no record of the pipe liner within Utilities databases. A repair was made on the 21-inch
pipe liner for an approximate 20-foot section of pipe. Subsequent televising of the pipe has found that the
entire 500-foot section of pipeline is in compromised condition. Staff recommends replacement. Staff also
recommends using Cured In Place Pipe lining in a 100-foot section of pipe where there is significant cracking
in the original 24-inch clay trunk sewer to restore structural integrity of that pipe section. Staff recommends
an off-cycle offer to complete the work this winter instead of waiting to put in a BFO offer for 2021.
CITY FINANCIAL IMPACTS
The impact of this $656,500 appropriation from cash reserves is not significantly detrimental to the long- term
financial resiliency of the Fund for the following reasons:
1. The 2019-20 Budgeting for Outcomes effort set aside $2.2M of anticipated revenues for future capital
improvements to the existing infrastructure.
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Packet Pg. 101
Agenda Item 7
Item # 7 Page 2
2. At the end of 2018, the Wastewater Fund held $42.8M in cash of which $22.2M is not required for
minimum reserves or prior appropriations making it available for appropriation.
This appropriation includes $6,500, or 1%, for Art in Public Places.
BOARD / COMMISSION RECOMMENDATION
At its September 19, 2019 meeting, the Water Board recommended City Council approve the appropriation to
fund the renewal of the Spring Creek Truck Sanitary Sewer from Stover Street to Ukiah Lane.
ATTACHMENTS
1. Location map (PDF)
2. Water Board minutes, September 19, 2019 (draft) (PDF)
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Packet Pg. 102
Sewer Renewal
1
Stover St.
Ukiah Ln
30-inch Trunk
24-inch Trunk
Section A Section B
Section A:
- Replace ~460 ft of
21-inch fiberglass liner
with 24-inch sewer.
Section B:
- Line ~100 ft of 24-
inch sewer w/ CIPP.
ATTACHMENT 1
7.1
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Attachment: Location map (8346 : Spring Creek Sanitary Trunk Sewer Appropriation)
Excerpt from Unapproved DRAFT MINUTES - WATER BOARD
REGULAR MEETING
September 19, 2019, 5:30 p.m.
222 Laporte Avenue, Colorado River Community Room
09/19/2019 – Excerpt from Unapproved DRAFT MINUTES Page 1
Off Cycle Budget Offer, 24-inch Trunk Sewer Replacement
(Attachments available upon request)
Utilities Deputy Director for Water Engineering & Field Services Theresa Connor
summarized staff’s request. On July 14, a section of the Spring Creek Trunk Sewer
collapsed and needed an emergency repair on a 20-foot section of the pipeline.
Subsequent televising of the rest of the 500-foot section of pipeline has found that it is
structurally compromised and should be replaced. In addition, significant longitudinal
cracks were found in the 100-foot section of pipe just downstream. This section of pipe is
the original 24-inch clay. Staff is recommending lining this section of pipe.
Discussion Highlights: Board members commented on and inquired about various related
topics including the material of the pipe replacement (PVC); reasons why the collapse was
a surprise if staff has a televised monitoring system (Ms. Connor replied that with the new
asset management system that has been in place for a year, staff will be able to better
predict when infrastructure needs to be replaced; Water Systems Engineering Division
Director Matt Fater commented that the amount of flow contributed to the failure; pipe
lining; budget; asset management system; timeframe of infrastructure replacement; Mr.
Fater commented that the Master Plan is moving toward a five-year update cycle to help
with planning infrastructure replacement; collection lines and trunk lines, and whether rate
of financing is keeping up with emergency situations (staff replied this would be part of the
discussion on Capital Improvement Projects at the board’s October 3 work session).
Vice Chairperson JasonTarry moved that Water Board recommend City Council approve
an off-cycle budget appropriation not to exceed $650,000 for renewal (including
replacement and lining) of approximately 600-foot section of the Spring Creek 24-inch
Trunk Sewer Line.
Board Member Jim Kuiken seconded the motion.
Discussion on the motion: None
Vote on the motion: it passed unanimously, 8-0
ATTACHMENT 1
7.2
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Attachment: Water Board minutes, September 19, 2019 (draft) (8346 : Spring Creek Sanitary Trunk Sewer Appropriation)
-1-
ORDINANCE NO. 123, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE SPRING CREEK SANITARY TRUNK
SEWER PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which
includes a Wastewater Utility that provides wastewater service; and
WHEREAS, the Wastewater Utility includes a wastewater collection system, which
includes the Spring Creek Trunk Sanitary Sewer, a 24-inch pipe that conveys wastewater; and
WHEREAS, Utilities completed emergency repairs on a portion of the Spring Creek
Trunk Sanitary Sewer in July 2019, and subsequent analyses have identified nearby sections of
the Spring Creek Trunk Sanitary Sewer between Stover Street and Ukiah Lane that are at risk of
imminent failure; and
WHEREAS, Utilities staff has recommended that such repairs be made as soon as
practicable and before the winter, rather than waiting for the next budgetary cycle; and
WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens
of Fort Collins and serves the public purpose of controlling wastewater in a sanitary manner and
in compliance with all applicable laws and rules and regulations; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the
Wastewater Fund and will not cause the total amount appropriated in the Wastewater Fund to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year; 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 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 or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, this Project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to
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be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places program; and
WHEREAS, in accordance with Article V, Section 10 of the City Charter, the
appropriation of reserves for the Project from the Wastewater Fund and the transfer of a portion
of those unexpended and unencumbered appropriated funds to the Art in Public Places program
established by City Code Section 23-304(a) will be used for Wastewater purposes and
improvements in connection with the Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Wastewater Fund the sum of SIX HUNDRED FIFTY-SIX THOUSAND FIVE
HUNDRED DOLLARS ($656,500) for the Spring Creek Sanitary Trunk Sewer Project and
appropriated therein as follows:
• Spring Creek Sanitary Trunk Sewer Project $650,000
• Art in Public Places Project (Artwork) 5,070
• Art in Public Places Project (transfer to Cultural Services
Fund for APP Operations)
1,300
• Art in Public Places Project (transfer to Cultural Services
Fund for APP Maintenance)
130
TOTAL $656,500
Section 3. That the unexpended appropriated amount of ONE THOUSAND THREE
HUNDRED DOLLARS ($1,300) in the Wastewater Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Operations.
Section 4. That the unexpended appropriated amount of ONE HUNDRED THIRTY
DOLLARS ($130) in the Wastewater Fund is authorized for transfer to the Cultural Services and
Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Theresa Connor, Water Engineering Field Operations Mrg
Lisa Rosintoski, Utilities Deputy Director, Customer Connections
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 124, 2019, Amending Chapter 26 of the Code of the City of Fort Collins
Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under an Income-Qualified
Assistance Program.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a routine revision to Section 26-724 of City Code Chapter 26 pertaining to
Utility Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
After one year of administering IQAP, Utilities staff has identified the following routine changes needed to
achieve inclusivity for low-income customer participation and address certain barriers recognized by qualifying
low income customers during the original IQAP roll-out. These changes do not affect low income customer
rates; they focus only on qualification criteria and program description language.
The specific City Code changes focus on:
• Adding customer qualification for any one utility service; and
• Removing exception language to qualify customers residing in multi-family properties and accommodate
residential arrangements where customers are not able to hold utility water service accounts in their
names; and
• Adding language that allows enrollment into IQAP in both the preceding and current LEAP program year.
BOARD / COMMISSION RECOMMENDATION
Both the Fort Collins Utilities Water Board and Fort Collins Energy Board were provided a memo that was sent
to City Council on July 19, 2019, at their August board meetings providing details on the recommended
updates to IQAP.
ATTACHMENTS
1. IQAP Staff Update memo, July 19, 2019 (PDF)
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Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: July 19, 2019
TO: Mayor Troxell and Councilmembers
FROM: Lisa Rosintoski, Utilities Deputy Director, Customer Connections
THROUGH: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Kevin R. Gertig, Utilities Executive Director
RE: Utilities Affordability Portfolio Update
The purpose of this memo is to provide an update on the Utilities Affordability Portfolio programs and the
Income Qualified Assistance Program results for year one.
Bottom Line
The Utilities Affordability Portfolio (UAP) was implemented to assist low-income Fort Collins Utilities
customers, that receive either water, wastewater or electric services, through a variety of programs. The
UAP consists of the following programs:
UAP Portfolio Direct Assistance Programs:
x Medical Assistance Program: Qualifying households that require medically necessary electrical equipment
or air conditioning may receive a discounted electric rate.
x Payment Assistance Fund: Households with a current past due notice may receive financial assistance once
per 12-month cycle on their electric and/or water bill.
x Income Qualified Assistance Program (IQAP): A 23% rate discount on electric, water and/or wastewater
charges for customers who receive LEAP. The program also facilitates efficiency and conservation
opportunities to further lower bills.
x Solar Affordability Program: Annual credit applied to qualifying households from aggregated credit
received by solar generation. 25 customers enrolled in 2018; more than 600 will receive credit at the end of
2019.
DocuSign Envelope ID: 3A555CF2-EAD2-4A17-ACE7-BBD1484CD045
ATTACHMENT 1
8.1
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Attachment: IQAP Staff Update memo, July 19, 2019 (8345 : IQAP)
All annual results for 2019 are year-to-date and may have a delay in reporting time and program enrollment
periods may fall later in the year.
UAP Portfolio Indirect Assistance Programs:
x Larimer County Conservation Corp: Free home efficiency assessments and product installations through
Larimer County Conservation Corps. Equipment installed includes LED bulbs, sink aerators, showerheads
and toilets.
DocuSign Envelope ID: 3A555CF2-EAD2-4A17-ACE7-BBD1484CD045
8.1
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Attachment: IQAP Staff Update memo, July 19, 2019 (8345 : IQAP)
x Various supporting partnerships: Colorado Affordable Residential Energy (CARE) Program,
Weatherization Assistance Program (WAP), Larimer Home Improvement Program (LHIP), Nonprofit Energy
Efficiency Program (NEEP)
Below is a summary of the outreach tactics, current portfolio participation stats, planned engagement
strategies and proposed revisions to the IQAP for the program’s second season.
Utilities Affordability Portfolio Summary:
Utilities staff has worked diligently with local service providers, regional partners and community members
to provide education, resources and utility bill assistance through several program offerings. Utilities staff
also leads a regional collaborative meeting with other municipalities, departments and stakeholders.
Programs have been designed to address previously identified barriers to increase participation, including
transportation, accessibility, convenience and access to trusted resources. A comprehensive communication,
outreach and engagement strategy is the cornerstone of residential awareness and participation and we strive
to “bring service offerings” to the residents through several tactics.
Outreach has included:
x City-owned media
x Earned media through community and statewide partnerships
x Paid media
x Community events
x Partnership outreach with nonprofits and businesses
x Social media marketing
DocuSign Envelope ID: 3A555CF2-EAD2-4A17-ACE7-BBD1484CD045
8.1
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Attachment: IQAP Staff Update memo, July 19, 2019 (8345 : IQAP)
The UAP leverages statewide partnerships including Energy Outreach Colorado and Colorado’s Department
of Human Services. Local outreach includes:
x Senior living associations
x Mobile home parks
x Nonprofits (i.e. La Familia, United Way and Discover Goodwill)
x Senior Advisory Boards
x Energy and Water Boards
x Professional for Seniors network
Utilities staff also has worked with the City Manager’s Office and Sustainability Department, and multiple
City departments, to provide integrated resources, streamlined applications, and continues to work together
to consolidate eligibility criteria between City low-income programs.
Outreach type and reach:
x Bill insert/City News – 10 occurrences to ~49,000 customers each time
x Community events – 22 events/presentations
x Direct mail/email – 10 mailings/emails to ~3,000 customers
x General outreach – 16 general outreach awareness and promotions
x Lobby presence (222 Laporte) –17.75 staff hours over 2-month period
x Partnerships – 60 agencies/partners contacted
x Social media – 10 social media ads/promos reaching 16,176 people
x Utilities website updates, seasonal promotions
Customer Participation in 2018-2019
Direct Assistance: Funds are given directly to customers designed to provide bill payment relief.
Indirect Assistance includes materials or services designed to reduce use and/or increase energy or
water efficiency for the dwelling and has potential long-term Utility bill reduction for current and
future dwelling occupants.
*most current available data for 2019
Income Qualified Assistance Program Status
Average
Monthly
Participation
723
Total Utility Bill
Savings
$ 36,637
Average
Household
Savings
$ 50.71
DocuSign Envelope ID: 3A555CF2-EAD2-4A17-ACE7-BBD1484CD045
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Attachment: IQAP Staff Update memo, July 19, 2019 (8345 : IQAP)
IQAP began in October 2018 and continuous enrollment in UAP programs, including the IQAP, remains in
effect. All participants are required to complete efficiency education hours. This season, 10% completed a
free home energy assessment through the Larimer County Conservation Corp. The re-enrollment period for
IQAP will begin in late summer 2019.
As part of the Citywide low-income benefits/rebates streamlining and consolidation efforts, Utilities staff
will be providing direct, targeted and centralized outreach in conjunction with other City departments in
August. We continue to increase outreach and visibility through increased partnership activity, community
education and targeted outreach strategies.
Staff will provide a detailed first year analysis in late 2019. Key activities for this year include:
x Update Minor Municipal Codes for consistency and enrollment equity with UAP administrative and
operational processes
x Provide enrollment opportunity to 1,200–2,000 residents identified as currently residing in income
qualified properties that meet the LEAP criteria/AMI limits
x Continue to explore, through the Low-Income Application Working Group, expanded eligibility
criteria (e.g., other City low-income and discount programs)
x Distribute Solar Affordability Program credits annually to currently enrolled IQAP participants
cc: Gretchen Stanford, Community Engagement Manager
Crystal Shafii, Senior Project Manager
Lisa Schroers, Affordability Portfolio Specialist
DocuSign Envelope ID: 3A555CF2-EAD2-4A17-ACE7-BBD1484CD045
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Attachment: IQAP Staff Update memo, July 19, 2019 (8345 : IQAP)
-1-
ORDINANCE NO. 124, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
RELATED TO WATER, WASTEWATER AND ELECTRIC RATES, FEES, AND
CHARGES APPLIED UNDER AN INCOME-QUALIFIED ASSISTANCE PROGRAM
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time 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 as set forth
therein; and
WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services set forth
herein shall be used to defray the costs of providing such utility services as required by the
Charter and the City Code; and
WHEREAS, as presented at the January 30, 2018, City Council work session, staff has
identified benefits available through an Income-Qualified Assistance Program (“IQAP”) that
improves adoption of conservation practices by qualifying low-income ratepayers who “opt-in”
to receive discounts that produce reasonable utility bill affordability; and
WHEREAS, based on direction provided by the City Council on January 30, 2018, staff
developed optimal program components, requirements, and utility service discounts for
residential water, wastewater, and electric services, as further set forth in Ordinance No. 054,
2018, as adopted by Council on May 1, 2018; and
WHEREAS, Articles III, IV, and VI of Chapter 26 of the City Code establish the water,
wastewater, and electric utilities as utility services furnished by and respective enterprises of the
City; and
WHEREAS, such provisions require periodic updating and modification for purposes of
clarification and to ensure that the Code remains a dynamic document capable of responding to
issues identified by staff, customers, and citizens and changing technology for and manner of
delivering utility services; and
WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the
Code where clarification of IQAP qualification and program practices are required to better
inform customers and align with current utility practices; and
WHEREAS, the Water Board considered proposed water and wastewater-related rate
adjustments for IQAP at its September 19, 2019, regular meeting, and recommended approval of
the proposed adjustments; and
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WHEREAS, the Energy Board considered proposed electric-related rate adjustments for
IQAP customers at its August 8, and September 12, 2019, regular meetings, and supported
approval of the proposed adjustments; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the scope and rate of the electric and water-related rates, fees, and charges as
set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-724 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-724. - Residential income-qualified assistance program.
. . .
(b) Qualification. As set forth in this Section, a discount on certain components of City utility
service rates applied under this Chapter shall be available for qualified customers who satisfy the
following criteria:
(1) Maintain an account in the customer's name directly for City residential electric
and/or water and/or wastewater utility services, except that customers residing in multi-
family properties with more than two (2) dwelling units must hold water service accounts
in their own names to satisfy this criterion; and
(2) Have an annual household income that qualifies for the Larimer County Low-
Income Energy Assistance Program (LEAP); and
(3) One or more users at the account address apply for and enroll in LEAP during the
preceding or current LEAP program year (November 1 through April 30), and when
LEAP qualification is based on a member of the household other than the customer, the
customer produces proof of lawful presence in the U.S. in the valid forms accepted by
LEAP; and
(4) Exercise reasonable efforts to improve the water and energy efficiency of the
account premise, participate in Active Energy Management Education sessions, and meet
program milestones determined according to guidelines established by the Utilities
Executive Director, which guidelines may include procedures for disenrollment.
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(c) Applications. Applications for discounts under this Section must be submitted annually in
accordance with an administratively established schedule available from the Fort Collins
Utilities.
(d) Rates. The discounts applied to monthly base and volumetric rates for qualified IQAP
customers shall be as set forth in Sections 26-127(a), 26-280, 26-464(c), and 26-465(c) of this
Code on meter readings during the period of August 1 through July 31 (beginning October 1,
2018 and ending July 31, 2021).
(e) Appeal of decision. A decision that an applicant does not qualify to participate in this
program, except when the decision is based on lack of qualification for LEAP, 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 financial experts in reviewing such appeal,
including LEAP officials.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Suzanne Bassinger, Civil Engineer III
Cyril Vidergar, Legal
SUBJECT
Resolution 2019-103 Supporting the Grant Application for a Local Park and Outdoor Recreation Grant from the
State Board of Great Outdoors Colorado to Develop a Link from the Colorado State University Main Campus to
the Spring Creek Trail.
EXECUTIVE SUMMARY
The purpose of this item is to request City Council support for an application toward and municipal sponsorship
for the 2019 Great Outdoors Colorado (GOCO) Local Park and Outdoor Recreation (LPOR) Grant. If awarded
the grant will partially fund construction of the Phemister Trail, consisting of a paved trail and bridge connecting
the bicycle and pedestrian underpass of Prospect Road at Center Avenue to the City of Fort Collins Spring
Creek Trail and Center Bikeway. Colorado State University (CSU) will manage and fund the project and has
requested the City of Fort Collins act as the required municipal sponsor and fiscal agent for the project. GOCO
requires a resolution of support from City Council as part of the grant application package.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property
at the Gardens on Spring Creek to Colorado State University, Exhibit B, illustrated the contemplated
improvements within the easement, including the location of a future trail connection to the existing Spring
Creek Trail. The Fort Collins 2013 Paved Recreational Trail Master Plan also identified and anticipated the
completion of this connector trail (Phemister Trail) by others. CSU secured partial funding for the construction
of the Phemister Trail project from a private donor and parking permit revenue. In addition, CSU is seeking
two grants to complete project funding: a Colorado State Parks and Wildlife State Trails Grant and the subject
GOCO Local Park and Outdoor Recreation Grant (GOCO Grant). The GOCO grant must be submitted by a
municipal sponsor, which GOCO requires to act as fiscal agent for grant administration. CSU has requested
the City of Fort Collins submit the GOCO grant as the municipal sponsor. If the GOCO grant is awarded, CSU
and the City of Fort Collins will enter into an Intergovernmental Agreement (IGA) specifying responsibilities of
both parties, to be approved separately by Council or the City Manager. A draft IGA is attached. (Attachment
2)
CSU estimates the entire project budget at approximately $600,000, to include approximately 1,000 lineal feet
of 12-foot wide paved trail and a bridge crossing Spring Creek. The GOCO grant application total funding
request is approximately $297,000. If approved, the City will sponsor and administer the GOCO grant award
sum of $297,000 only. CSU plans to fund the remainder of the project through the State Trails Grant, with the
required matching funds for both grants being provided by CSU.
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Agenda Item 9
Item # 9 Page 2
The Phemister Trail will provide an off-street connection between the CSU main campus and bike network, the
Fort Collins Center Bikeway, and the Spring Creek Trail. In 2018 a trail counter at the north end of the
proposed Phemister Trail averaged 1,400 bicyclists and pedestrians per day. The trail will also enhance the
safe use of the existing underpass at Prospect Road. Currently northbound bicyclists and pedestrians must
enter traffic on Center Avenue, frequently during rush hour congestion, to utilize the underpass. Alternately,
bicyclists have been frequently observed riding the wrong way on the west Center Avenue sidewalk to avoid a
mid-block crossing. Construction of the Phemister Trail will allow bicyclists and pedestrians to access the
Center Avenue underpass at Spring Creek, cross Spring Creek at a new bridge, and continue along the off-
street trail to the Prospect underpass. This trail will help connect employees and students to CSU from
residences in south Fort Collins and provide a safe route for all Fort Collins residents and visitors to travel to
the Gardens at Spring Creek, CSU stadium and campus events, and through campus to downtown.
CITY FINANCIAL IMPACTS
Obtaining this grant will allow Colorado State University to fully fund the construction of the Phemister Trail.
No financial contribution for this construction is requested from the City of Fort Collins and no funds have been
appropriated. Colorado State University is requesting a permanent trail easement through the City’s partially
developed Lilac Park. Final location and compensation for the easement is yet to be determined and will be
separately presented to the City Council for approval, along with the grant agreement with GOCO and
subgrant agreement with CSU.
BOARD / COMMISSION RECOMMENDATION
This matter was not considered by the Parks and Recreation Board.
ATTACHMENTS
1. Grant Project Map (PDF)
2. Project Agreement (PDF)
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ATTACHMENT 1
9.1
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Attachment: Grant Project Map (8351 : Colorado State University Phemister Trail Grant Sponsorship)
PROJECT AGREEMENT
(City of Fort Collins, Colorado and Colorado State University)
This Agreement is made this ________ day of ______________, 2019 between
the City of Fort Collins, Colorado (City) and The Board of Governors of The
Colorado State University System, acting by and through Colorado State University, an
institution of higher education of the State of Colorado (“CSU”);
Recitals
A. City applied (as a co-applicant with CSU) for and received a grant from Great
Outdoors Colorado, (GOCO) for the Phemister Trail connection between the CSU main
campus, the Fort Collins Center Bikeway, and the Spring Creek Trail in Fort Collins;
B. CSU is an ineligible recipient of the grant and the parties intend by this
agreement for the City to be the conduit through which CSU will receive grant benefits;
C. The Grant Agreement is attached to this agreement as Exhibit “A”;
D. CSU intends to bind itself to the City for all City obligations stated in the
Grant Agreement;
E. CSU intends to convey to the City a limited interest in the real property
described in Exhibit “B” which limited property interest shall be for the purposes of
satisfying the terms and conditions of the Grant Agreement;
Agreement
1. City shall use diligent efforts to fulfill all conditions precedent to obtaining the
grant stated in the Grant Agreement. CSU will cooperate with City and provide all
documents necessary for City to fulfill the conditions precedent. CSU further assumes all
other City liabilities and binds itself to City for all City obligations to GOCO, contained
in the Grant Agreement.
2. City does not assume any obligation to CSU to construct, operate, or maintain the
improvements contemplated by the grant.
3. Unless a claim by GOCO arises out of the negligence or other wrongful act of City,
CSU shall be responsible to City for any claim under the Grant Agreement, in the same
manner and extent as City may be responsible to GOCO.
4. CSU shall operate and maintain the improvements contemplated by the Grant
Agreement, in accordance with established CSU and City policies for bike network
maintenance. Should any claim for personal injuries, property damage or wrongful death
be asserted as a result of the construction, operation, maintenance, or use of the
ATTACHMENT 2
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Attachment: Project Agreement (8351 : Colorado State University Phemister Trail Grant Sponsorship)
improvements contemplated by the Grant Agreement, the parties shall be responsible for
such claim in the manner provided by the Colorado Governmental Immunity Act and the
Colorado law concerning pro-rata liability.
5. By executing this Agreement the parties do not waive any immunity or limit
liability contained in the Colorado Governmental Immunity Act; do not create a multi-
year fiscal obligation; and do not create any other financial obligation not supported by a
current appropriation.
6. This Agreement does not create any rights in any individual not a party to this
agreement.
7. This document, and exhibits, shall constitute the entire agreement of the parties.
8. CSU hereby grants to City a limited license in, and right of entry to, the property
described in Exhibit “B” for the purposes stated in the Grant Agreement, Exhibit “A”,
and for no other purpose. Such license and right of entry shall be exercised only in the
event CSU has failed to comply with the requirements of the Grant Agreement and shall
include all rights reasonably necessary, as determined by the City, for City to enter upon
the property and perform its obligations to GOCO under the Grant Agreement. This right
includes the ability of City to use its employees, agents or outside contractors. This
license and right of entry further include the right to enter upon the property with any
equipment or vehicles.
9. This Agreement, including the limited right of entry and license, shall terminate
simultaneously with the termination of all City obligations under the Grant Agreement.
10. No waiver of any breach of any provision of this Agreement shall operate as a
waiver of any other or subsequent breach thereof or of any other provision. No provision
of this Agreement shall be deemed to have been waived unless such waiver is in writing
and signed by the waiving Party. If any provision of this Agreement is determined to be
invalid or unenforceable in whole or in part, such invalidity or unenforceability shall
attach only to such provision or part thereof and the remaining part of such provision and
all other provisions hereof shall continue in full force and effect.
11. Except as set forth herein, City certifies no officer, employee, student or agent of
CSU has been employed, retained, or paid a fee, or has otherwise received or will receive
during the term of this Agreement any personal compensation or consideration by or
from City or any City director, officer, employee, or agent in connection with obtaining,
arranging, negotiating or conducting this Agreement without advance, written
notification to CSU.
12. Headings. Paragraph headings are for reference and convenience only and shall
not be determinative of the meaning or the interpretation of the language of this
Agreement.
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Attachment: Project Agreement (8351 : Colorado State University Phemister Trail Grant Sponsorship)
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day
and year written above.
ATTEST: BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY
SYSTEM, acting by and through Colorado
State University:
________________________ By:_________________________________
[Title]
Printed Name:
[Title]:
ATTEST: CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
________________________ By:________________________
[Title]
Printed Name:
[Title]:
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Attachment: Project Agreement (8351 : Colorado State University Phemister Trail Grant Sponsorship)
-1-
RESOLUTION 2019-103
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARK AND
OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF GREAT
OUTDOORS COLORADO TO DEVELOP A LINK FROM THE COLORADO
STATE UNIVERSITY MAIN CAMPUS TO THE SPRING CREEK TRAIL
WHEREAS, the City created a Paved Recreation Trail Master Plan in 2013 (the “Plan”)
and has already completed 40-plus miles of recreational trails under the Plan; and
WHEREAS, the Plan provides policy guidance for three City departments: Parks,
Recreation, and Park Planning & Development; and
WHEREAS, Colorado State University (“CSU”) recently approached Park Planning &
Development with an opportunity to sponsor a State grant for a portion of the construction of the
Phemister Trail -- a segment of the remaining 25+ miles of trail system described in the Plan,
linking the Spring Creek Trail with the main CSU campus at Prospect Road (the “Project”); and
WHEREAS, the Project will remove bicycles and pedestrians from a high traffic area and
enhance the use of the existing grade separated crossing of Prospect Road, a major arterial
adjacent to and serving the main CSU campus; and
WHEREAS, CSU is applying for partial Project funding through a Colorado State
Recreational Trails grant from Colorado Parks & Wildlife in the amount of $215,722, to which
CSU is required to provide a 20% cash match ($53,930); and
WHEREAS, CSU also desires to work with the City to pursue a Local Park and Outdoor
Recreation grant from the State Board of Great Outdoors Colorado (“GOCO”) for additional
Project funding, and has requested the City serve as a municipal sponsor/co-applicant for the
grant application; and
WHEREAS, GOCO Local Park and Outdoor Recreation grants help local governments
execute a range of park development efforts, including new park development, enhancing
existing park facilities, and park land acquisition, with grant amounts up to $350,000; and
WHEREAS, if awarded, grant revenues will be used to help fund easement acquisition,
trial and bridge construction, and ADA-compliant enhancements for the City’s Lilac Park, the
Phemister Trail, and a connection to the Spring Creek Trail north of the Gardens on Spring
Creek and west of Center Avenue; and
WHEREAS, the entire cost of the Project is approximately $706,000, and the GOCO-
funded portion the Project is approximately $370,000, comprised of $297,068 in requested grant
revenues and a 20% ($74,267) financial match required of CSU; and
WHEREAS, as a municipal sponsor, the City will not be required to make a direct
financial contribution toward the Project; however, it will need to enter into agreements with
Packet Pg. 123
-2-
GOCO and CSU to receive and disperse the grant funds when awarded, and to provide in-kind
grant administration through existing City staff resources, the funding sources for which have
already been appropriated; and
WHEREAS, as part of its grant application process, GOCO requires the governing body
of any municipal sponsor on a grant application pass a resolution to show the local government is
aware of and supports the Project and recognizes the financial and other obligations the grant
creates.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals above.
Section 2. That the City Council strongly supports collaborating with CSU in
application for a GOCO Local Park and Outdoor Recreation grant and will provide any required
in-kind contributions as a municipal sponsor/co-applicant on the Project.
Section 3. That if the grant is awarded, the City Council strongly supports the
completion of the Project and authorizes the expenditure of funds necessary to meet the City’s
obligations under the terms of any grant awarded.
Section 4. That when the grant is awarded, staff will present to City Council for
review and approval a project agreement and an easement agreement with CSU for the Project,
and a grant agreement with GOCO on terms and conditions consistent with and as necessary or
appropriate to protect the interests of the City and effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of October, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie M. Daggett, Legal
SUBJECT
Resolution 2019-104 Making Appointments to the Youth Advisory Board of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to fill vacancies on the Youth Advisory Board due to resignations that occurred on
May 31, 2019, as a result of graduations.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution appoints five new members to the Youth Advisory Board to fill vacancies from the resignations
of members who have graduated and left for college.
On October 1, 2019, Mayor Pro Tem Kristin Stephens and Councilmember Julie Pignataro held interviews for
open positions on the Youth Advisory Board. Both Councilmembers recommend Xinyu Wu, Doha Shahba,
Louise Holland, Rahul Ghosh, and Jai Ramchander for appointment.
These terms will begin immediately on October 16, 2019. Names of those individuals recommended to fill
vacancies have been inserted in the Resolution with the expiration date following the names.
ATTACHMENTS
1. Applications (PDF)
10
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APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Zip:
Name: Doha Shahba
Mailing Address:
Residence: Zip:
Home Phone: Cell Phone:
Yes No
E-Mail Address:
Are you under 21 years of age: Yes No
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 5 Are you a registered voter? Yes No
If you are a student, which school do you attend? Poudre High School Current Grade Level: 12th Grade
If you have a job, where do you work and what do you do?
I work with a state-wide coalition called UpRise. We lead conferences and events that educate about substance
abuse among youth. We also advocate for youth at other state-wide events and have spoken at the capital with representatives
about changes weâ d like to see in the community.
Volunteer Work: (please include dates)
I am one of the presidents of my schools service club, in which I have run a peanut butter and jelly sandwich
drive for the homeless since sophomore year. Each year we elaborate on the project to make it better such as providing
full lunches instead of just sandwiches, and this year we plan to hand out popsicles as well because of the recent
Are you currently serving on a City board or commission? Yes No
If so, which one?
Can you commit to meeting one day a month for at least 1 year? Yes No
Will you be able to provide your own transportation to meetings? Yes No
If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s)
or guardian(s)? Yes No
Why do you want to become a member of this particular board or commission? I would like to become a member
of this board because I want to improve my community through advocacy.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I presented with the Youth Action for Health about the idea for a new youth center in Fort Collins. The advice from the
group was extremely professional and mature. I am also friends with Katie Ko who highly recommended the group.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I have experience in marketing to youth through my other coalitions, as well as lots of experience in leading groups through
my leadership positions at school.
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Attachment: Applications (8361 : YAB Appt)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) Substance abuse: I believe that this issue is important because youth perceive the use of substances
to be much more common than it is, leading to an increase in its use.
2) Mental Health: Mental health is not taught in schools like math or English is. It is often ignored,
causing mental health disorders among youth.
3) Stress Management: As you make the transition from childhood to adulthood in your teenage years, there
are so many stressors that come into your life. Knowing how to handle them is an important skill that
is not taught.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
My Wednesday nights are usually free. I have boxing but the class times are very flexible.
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed,
whether the sentence has been completed, and any other information you consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to
attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear
or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Doha Shahba Date: Sep-14-2019
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert) Website
Other (please specify) Myra Shanks and Katie Ko
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Attachment: Applications (8361 : YAB Appt)
APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Zip:
Zip:
Name: Jai Ramchander
Mailing Address:
Residence:
Home Phone: Cell Phone
E-Mail Address:
Are you under 21 years of age: Yes No
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in? Outside City Limits Are you a registered voter? Yes No
If you are a student, which school do you attend? Current Grade Level: 12th Grade
If you have a job, where do you work and what do you do?
I have never had a formal job; however, I mow neighbors lawns in my neighborhood, and try to help out in any way
possible. Although I never had a formal job, I think that I still am getting the working experience by understanding
that it takes hard work and commitment.
Volunteer Work: (please include dates)
I have volunteer at SAVA Center (Sexual Assault Victim Advocacy Center) since 2017. I spread awareness for sexual
assault by giving presentations around the city. I also volunteer for Boys and Girls Club (since 2017) where I
help kids out with any academic struggles. I also volunteer at KidsPak, where I help collect and pack food for
Are you currently serving on a City board or commission? Yes No
If so, which one?
Can you commit to meeting one day a month for at least 1 year? Yes No
Will you be able to provide your own transportation to meetings? Yes No
If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s)
or guardian(s)? Yes No
Why do you want to become a member of this particular board or commission? For me, I think it is extremely
important for students to have a voice in their community. The Youth Advisory Board gives me the perfect opportunity
to have a leadership position in the community and have the ability to create positive change.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
Everyone who I have talked to about the Youth Advisory Board had said nothing but good things about it. My sister was on
the board and she really appreciated having a voice and she felt like she had the ability to create real and positive change.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I am trained to be a SART (Sexual Assault Resource Team) presenter and give awareness presentations around Fort Collins.
In terms of my skills, I work very well with other people and I can always bring a positive attitude to the table.
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Attachment: Applications (8361 : YAB Appt)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) One main issue facing the youth of our society currently is the vaping epidemic. Vaping has drastically
spread throughout high schools and even middle schools across Fort Collins and even the United States.
This is an extremely harmful and dangerous thing, and it definitely needs to be addressed. In fact,
over 20 percent of high school students have vaped or still do. I think that this board can address
this issue by creating a presentation that can be given in schools or in places where students are there.
It can even be something as simple as creating posters for anti-vape and putting them around schools
or in the community. There needs to be some action taken on this issue within our community.
2) With the rapid spread and current popularity of social media, there has been a major problem of cyber-bullying.
Basically every single high school students have a phone, which most likely has social media applications
on it. Everyone can see what is going on in your life and they can spread rumors and other things to
harm a certain person. This has created a major sense of insecurity among high school students because
they feel as though they have to look "their best" at all times. This can be addressed by the board
by holding discussion sessions with high school students who have been affected by cyber-bullying or
who are just passionate about preventing it. This could help students talk about it and form a positive
community within Fort Collins.
3) An important issue facing teens today is stress. As students get into high school, there is a large
amount of work which is required. Also many students are getting more involved within their schools
as well as extracurricular activities. Students lives are just getting busier. Because of many different
things that students need to focus on, they get very stressed. This often causes them to under-perform
in many aspects of their lives because of the stress in their minds. One way the Fort Collins Youth
Advisory Board can address this issue is by just holding fun and positive team-building events which
would bring the community together.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I do play soccer for my high school, but I would definitely be willing to miss a practice for a Board
meeting.
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed,
whether the sentence has been completed, and any other information you consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to
attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear
or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Jai Ramchander Date: Jun-19-2019
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert) Website
Other (please specify)
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Attachment: Applications (8361 : YAB Appt)
APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Zip:
Zip:
Name: Louise Holland
Mailing Address:
Residence:
Home Phone: Cell Phone:
Yes No
E-Mail Address:
Are you under 21 years of age: Yes No
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 4 Are you a registered voter? Yes No
If you are a student, which school do you attend? Rocky Mountain High School Current Grade Level: 10th Grade
If you have a job, where do you work and what do you do?
Volunteer Work: (please include dates)
I do several volunteering jobs through my 4-H club and school. Most recently I have volunteered to help run the
4-H carnival. Every summer I help my 4-H sell cold drinks at the farmers market to help raise money for my club.
Through my school, I have also volunteered to help run the several speech and debate tournament my school has
Are you currently serving on a City board or commission? Yes No
If so, which one?
Can you commit to meeting one day a month for at least 1 year? Yes No
Will you be able to provide your own transportation to meetings? Yes No
If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s)
or guardian(s)? Yes No
Why do you want to become a member of this particular board or commission? I would like to take of apart
making an impact on the local fort collins community. I care about where I live and I want Fort Collins the
best city it can be.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Through 4-H have I learned several leadership skills. I also enjoy and find that I am good at public speaking and presenting.
I have good communication skills and I love meeting and talking with new people.
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
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Attachment: Applications (8361 : YAB Appt)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) I truly believe that diversity is an issue. In Fort Collins as a whole is not very diverse, because
of this I believe that as the board it needs to reach out and find those diverse voices. Through lifting
up voices I believe that the community can become a more welcoming place for everyone. I truly believe
that the only way to solve this issue is to reach out and find the diverse voices in our community.
2) I believe that the board is very closed off from the wider community. The only reason I am applying
to the board and know about the board is that my mom works for the city. I truly believe that the board
needs to be more in the eye of the youth. It is important to give the younger population a voice and
the only way to truly do that is to reach out to young people in Fort Collins.
3) I believe the third issue this board faces is taking ownership of its accomplishments. I think that
one way to attract more people to the board is by telling the young community how they can effect Fort
Collins. In my opinion, all three of the issues I see are just outreach issues. I think by talking
more about what the board is doing for the community it will have a greater impact.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed,
whether the sentence has been completed, and any other information you consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to
attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear
or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Louise Holland Date: Mar-29-2018
Optional: How did you learn of a vacancy on this board or commission:
Newspaper
Other (please specify)
Cable 14 City News (Utility Bill Insert) Website
My mom told me
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Attachment: Applications (8361 : YAB Appt)
APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Name: Xinyu Wu
Mailing Address:
Residence:
Phone: Cell Phone
/
E-Mail Address:
Are you under 21 years of age: )( Yes DNo
Have you resided in the Fort Collins Growth Management Area for at least one year? )( Yes D No
Which Council District do you live in? District 2 Are you a registered voter? DYes D No
If you are a student, which school do you attend? Poudre High School
If you have a job, where do you work and what do you do?
Current Grade Level: 11th Grade
Volunteer Work: (please include dates)
-Youth Action for Health (2013-2014, 2018)-Huaxing Chinese School (2014-2018)-Habitat for Humanity (2018)-Larimer
County Food Bank (2018)-HomelessGear (2017-2018-)Poudre HS SeNice Club (2017-2018)-PoudreHS Feed Our Families
Food Drive (2016-2018)
Are you currently serving on a City board or commission? D Yes )(No
If so, which one?
Can you commit to meeting one day a month for at least 1 year? )( Yes DNo
Will you be able to provide your own transportation to meetings? )( Yes D No
If you are under age of 21 and still in school, have you discussed your participation on this board with your parent(s)
or guardian(s)? JM1. Yes D No
Why do you want to become a member of this particular board or commission? I would love to be a part of the
Youth Advisory Board because I really want to be a part of something that can impact the youth in this community.
I think that this community has provided me with so many great experiences and resources and I believe that it
is my duty to give back to it. Also, I really enjoy helping improve the lives of people in this community even
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
)(Yes D No
If yes, please share your experience:
I talked to Katie Ko. She told me that she really loves serving on the Youth Advisory Board and encouraged me to apply.
Also, I have attended a meeting of the Youth Advisory Board in the past when I was very young because my sister was a part
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
-Highly organized and motivated-Great at time management-Have been a leader of many groups such as sports and music-Can
create professional presentations such as posters, powerpoints, and speeches-Very good at public speaking (have been part
of Speech and Debate club at school)
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Attachment: Applications (8361 : YAB Appt)
Br iefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) The issue that I am most passionate about is helping improve the mental health of teenagers. Often,
I think that this is an issue that is unnoticeable by the families of youth. Mental health could include
anything from depression to everyday stress. I believe that many teensmay not recognize that mental
health is just as important as physical health. Many times, we just swallow the problems and try to
forget about it. The Youth Advisory Board could help this issue by organizing educational events that
teaches teenagers about mental health and givesthem guidance on how to cope with different mental problems.
Another possibility is that the Youth Advisory Board could create a peer counseling program that targets
mental health.
2) An issue that I feel strongly about is financial stability. I have seen organizations that help out
the financially unstable adults in our community. However,I have never seen any program that helps
with the youth of those unstable families. Although I believe that food drives and similar events are
great, I think that that they do not make a lasting impact on students. To truly help teens and families
who are financially unstable, it is necessary to teach them life skills that could improve their financial
situation, including helping students create resumes, teaching them about job interviews, or even just
providing them with guidance on handling money. These skills would definitely be more beneficial in
the long run.
3) One particular concern that I am enthusiastic about is US politics in youth education. Many students
in school shape their political ideology around their parents' opinions, and often just whatever they
hear around them. I think that this is bad because as we transition into adulthood, it is necessary
for our generation to be educatedon politics. Althoughunavoidable,it is best for teens and youth
today to shape their beliefs around what they truly conceive as individuals rather than just conforming
to those aroundthem. A possibility to help this situation is to hold discussions that are open to any
youth where they learnabout what is happening in our country's current government and they can discuss
with peers who they may not typically talk to.
Please specify any activitieswhich might create a serious conflict of interestif you should be appointed to this board
or commission:
I don't believe there would be any serious conflicts of interest if I were appointed.
Have you ever been convicted of a crime (exceptfor minor traffic offenses that resulted only in a fine)? DYes )( No
If yes, please explain in completedetail. State the nature and approximate date of the conviction, the sentence imposed,
whether the sentencehas been completed, and any other information you consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to
attend meetings. If appointed , frequent nonattendancemay result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear
or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirement s of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: - - ---X'""i".;..;.Lnu.". -1'-.M:...;u"-- - - - - - - - - - - - - - - - - - - - Date:
_;S;;..;eccp_;-2:c..:8'----2=0:...,;1....;cB
Optional: How did you learn of a vacancy on this board or commission:
D Newspaper
Other (pleasespecify)
D Cable 14 D City News (Utility Bill Insert) D Website
Current Member (Katie Ko)
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Attachment: Applications (8361 : YAB Appt)
APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Zip:
Zip:
Name: Rahul Ghosh
Mailing Address: .
Residence:
Home Phone: Cell Phone:
E-Mail Address:
Are you under 21 years of age: Yes No
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in? District 3 Are you a registered voter? Yes No
If you are a student, which school do you attend? Fossil Ridge High School Current Grade Level: 9th Grade
If you have a job, where do you work and what do you do?
Volunteer Work: (please include dates)
2017: NJHS work in Lari Co Humane Soc. Work in KidsPack, Nappie Project, Homeless Gear. Work in Redeemer Church
garden, Fox Meadows Assisted Living|2018: NJHS Treasurer starting projects funding UNICEF, CARE|2019: NJHS funding
Adopt a Family. Global Leadership Kinard work in Cans Around the Oval, orphanages, work in farms in Costa Rica.
Are you currently serving on a City board or commission? Yes No
If so, which one?
Can you commit to meeting one day a month for at least 1 year? Yes No
Will you be able to provide your own transportation to meetings? Yes No
If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s)
or guardian(s)? Yes No
Why do you want to become a member of this particular board or commission? I have been interested in serving
the community for a long time, especially with problems pertaining to youth. I firmly believe that listening
to the perspective of youth is helpful in shaping the community.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I know people on the board(Suhaas Narayanan and Koustubh Kaushik), but I have not talked to them about this board. Looking
forward to talking to them.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Good with computers/spreadsheets. Was treasurer of NJHS. Good communicator, worked well as a facilitator in Give Next Club
in Kinard.
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Attachment: Applications (8361 : YAB Appt)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1) Suicide and Depression: For most of history, life expectancy has gone up due to technology and other
developments. For the first time in many years, life expectancy has gone down due to suicide in America.
Suicide is almost accepted as a part of life and society in America. Kids often joke about suicide and
the level of seriousness about the issue is not at all where it should be. Most people don't understand
how to deal with mental health issues, and it is frowned upon in society to seek help. Often people
don't realize that they are hiding deep emotional issues inside of them. I believe this board should
not just address this issue through distributing flyers and posters, but through educating youth on
warning signs, ways to communicate to others, and resources for this problem.
2) Financial Literacy among youth: While the education system in the United States mandates some sort of
"Personal Financial Literacy" class, most youth don't know much about interest, investing, balancing
budgets, credit cards, or saving. Based on research data by the Financial Industry Regulatory Authority,
63% of Americans are financially illiterate. Telling kids to just, "go to college and get a degree that
is in demand" is not good enough. We need to improve Personal Financial Literacy classes and education
to give youth a thorough understanding of finances. This will in turn improve and alleviate other issues
that are sure to come up in any society.
3) Drug Addiction: Another issue that has helped life expectancy plummet is drug overdose. According to
Monitoring the Future(MTF), 17.6 percent of 8th graders, 32.3 percent of 10th graders, and 37.3 percent
of 12th graders have reported past-year vaping. To an outsider coming into an American high school,
it is plainly obvious how many kids are vaping or doing marijuana, and how many kids don't understand
its effects on a youth's brain. A juul cartridge contains more nicotine than an average pack of cigarettes.
Most kids will roll their eyes at drug education and mental health, yet the effects of nicotine and
addictive substances is clear on an adolescent brain. Drug education should include this data and sharing
real life stories from people who have had addictions.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None.
Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No
If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed,
whether the sentence has been completed, and any other information you consider to be relevant
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to
attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear
or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Rahul Ghosh Date: Aug-25-2019
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert) Website
Other (please specify) Family Friend
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Attachment: Applications (8361 : YAB Appt)
-1-
RESOLUTION 2019-104
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE YOUTH ADVISORY BOARD
OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on the Youth Advisory Board due to the
resignation of Sam Hammock, Joel Warne, Katie Ko, Emily Winn, and Milan Khoslas; and
WHEREAS, the City Council desires to make appointments to fill these vacancies on the
Youth Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following named persons are hereby appointed to fill current
vacancies on the boards and commissions hereinafter indicated, with terms to begin immediately
and to expire as set forth after each name:
Youth Advisory Board Expiration of Term
Xinyu Wu May 31, 2020
Doha Shahba May 31, 2021
Louise Hollan May 31, 2022
Rahul Ghosh May 31, 2023
Jai Ramchander May 31, 2023
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of October, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Teaching Tree Childcare Center Expansion
Adam Molzer – Social Sustainability Department
10-15-2019
STAFF REPORT: TEACHING TREE EXPANSION
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Attachment: Staff report-Teaching Tree (8384 : Staff report: Teaching Tree)
Childcare Expansion at 424 Pine Street
2
• City-Owned Land & Building
• Reduced Rate Lease Approved by Council
• United Way of Larimer County Relocation
• Teaching Tree Expansion at Existing Site
Overview of Partnership
STAFF REPORT: TEACHING TREE EXPANSION
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Attachment: Staff report-Teaching Tree (8384 : Staff report: Teaching Tree)
Childcare Expansion at 424 Pine Street
3
STRATEGIC
ALIGNMENT
Council Priority -
Childcare
Economic Health 3.3
SSD Strategic Plan
BUDGET
2017/2018 Childcare
Support Offer
$49,835
RESULTS
6 New Classrooms
101 à 215 Spots
Modernized Facility
STAFF REPORT: TEACHING TREE EXPANSION
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Attachment: Staff report-Teaching Tree (8384 : Staff report: Teaching Tree)
Childcare Expansion at 424 Pine Street
4
Video
STAFF REPORT: TEACHING TREE EXPANSION
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Attachment: Staff report-Teaching Tree (8384 : Staff report: Teaching Tree)
Childcare Expansion at 424 Pine Street
5
Questions
STAFF REPORT: TEACHING TREE EXPANSION
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Attachment: Staff report-Teaching Tree (8384 : Staff report: Teaching Tree)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Randy Reuscher, Utility Rate Analyst
Lance Smith, Utilities Strategic Finance Director
Eric Potyondy, Legal
Cyril Vidergar, Legal
SUBJECT
Items Relating to 2020 Utility Rates.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 125, 2019, Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Electric Rates, Fees and Charges.
B. First Reading of Ordinance No. 126, 2019 Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Water Rates, Fees and Charges.
C. First Reading of Ordinance No. 127, 2019 Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Wastewater Rates, Fees and Charges.
D. First Reading of Ordinance No. 128, 2019 Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Stormwater Rates, Fees and Charges.
The purpose of this item is for Council to consider adjusting monthly charges for electric, water, wastewater,
and storm water services in 2020. The revenue requirements to support the 2020 budget will require
increasing monthly charges for electric service by 5.0% and stormwater service by 2.0%. While there is no
overall percentage increase planned for the Water or Wastewater Funds, there are minor rate class
adjustments proposed based on recent cost-of-service model updates. Upon adoption, these rates would be
effective January 1, 2020.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Electric Fund
The electric rate ordinance proposed for 2020 rates includes the following items:
• A proposed 5% increase for the Electric Fund in 2020, which was included as part of the 2019-2020 City
Manager’s Recommended Budget
• Changes to retail rates driven by proposed wholesale rate structure changes
• The residential solar credit rate for excess generation proposed to remain at the current amount for 2020
• Reducing the Green Energy subscription price by 30% to account for non-carbon resources in the overall
electricity mix.
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Agenda Item 11
Item # 11 Page 2
Staff is proposing a 5% overall rate increase for the Electric Fund in 2020 to increase operating revenues
enough to offset operating expenses, so that reductions in reserves stop and funds can be set aside for future
capital improvements.
The electric cost-of-service (COS) model is updated every two years, with the last update occurring in 2018.
The resulting rate class impacts being proposed for 2020 are not tied to model updates, and instead are due to
a combination of varying levels to which customers classes use the distribution system, as well as structure
and component changes in wholesale rates. As shown in the table below, the impacts are greater on a
percentage basis for the residential and small commercial classes and less for industrial and substation
customers.
2020
% Increase
Residential 5.2%
Small Commercial 4.4%
Mid-sized Commercial 3.1%
Large Commercial 2.7%
Industrial 0.6%
Substation 0.0%
Rate Class
The ten-year rate forecast recognizes the increased cost of operations along with investments in
environmental initiatives and system infrastructure renewal. The increase in 2020 would generate additional
revenue that remains within the distribution utility of the City and will result in positive operating income being
generated for this Enterprise. Implementing these increases in 2020 compensates for the reduction in
Reserves which has occurred over the previous three budget cycles (2013-2018).
Changes in Wholesale Costs
Platte River Power Authority (Platte River) has proposed changes to the wholesale rate structure for 2020
related to recent updates to the wholesale rate model. While the proposed wholesale structure is a departure
from having only a basic energy charge and a coincident peak charge, the changes will not impact how retail
rates are structured for billing Fort Collins’ retail customers in 2020. However, these changes will have financial
implications as to how it affects various customer rate classes, mostly dependent on load factors.
Existing wholesale rates are based on two components:
• a seasonal energy charge, per kilowatt-hour (kWh) and
• a seasonal coincident peak demand charge, per kilowatt (kW)
The proposed wholesale rates for 2020 will include the following charges:
• Fixed monthly owner charge, based on the percentage of average annual energy sales
• transmission charge, per kW, based on non-coincident peak
• seasonal generation charge, per kW, based on coincident peak
• energy charge, per kWh (no longer seasonal)
o based on a dispatchable fixed charge for all energy supplied,
o plus, a weighted ratio of
▪ variable dispatchable energy
▪ variable intermittent energy
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Agenda Item 11
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Additional Platte River changes include:
• adding the month of September to the “summer” season, in addition to the months of June, July, and
August.
• Implementing a 75% demand ratchet for both the non-coincident peak charge (NCP) and coincident peak
(CP) charge, which will increase demand costs in non-summer months of the year, but is driven by peaks
that occur during the summer months
Without making an adjustment to demand costs at the retail level, the wholesale demand ratchet would drive a
~$1.5M revenue shortfall. While these costs are incurred during the non-summer months, staff is proposing
the summer demand charge for retail customers be increased to offset this amount because the cause of the
increased cost is higher summer peak demands. The impact would be an increase in the summer months
from $11.98 / kW to $13.27 / kW.
The Electric Rates Ordinance changes the Code to match Platte River’s change in the summer season and
extend the summer period for commercial customers to include the month of September. Residential
customers will continue with a five-month summer season, as previously established for time-of-day (TOD)
pricing, which already includes September as a summer month.
The wholesale energy component will no longer be seasonal, therefore eliminating the need for seasonal
energy charges at the retail level, other than in cases where wholesale demand charges are collected via an
energy charge (i.e. TOD pricing will continue to have a seasonal on-peak charge, but not a seasonal off-peak
charge)
The mix of wholesale costs will shift slightly higher (~2%) for demand and slightly lower for energy, therefore
having varying effects for retail rate classes. Generally, higher load factor customers (i.e. large commercial
and industrial) will benefit from this shift, while other rate classes will be negatively impacted.
The table below shows how the component charges will change for 2020 for residential TOD customers, given
the changes to distribution and wholesale costs that comprise each charge.
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Agenda Item 11
Item # 11 Page 4
6 percent
c. Fixed Charge Per account $ 6.40 17.9% $ 7.55 $ 8.00
b. Distribution facilities charge
(included in each component below for billing purposes)
d. Energy and demand charge
1. Summer
(a) On-Peak Per kWh $ 0.2055 6% $ 0.2183 $ 0.2585
(b) Off-Peak Per kWh $ 0.0437 -5% $ 0.0414 $ 0.0710
2. Non-summer.
(a) On-Peak Per kWh $ 0.1824 0% $ 0.1815 $ 0.2195
(b) Off-Peak Per kWh $ 0.0419 -1% $ 0.0414 $ 0.0710
e. Energy efficiency tier charge, for total consumption over 700
kWh in a billing month
Per kWh $ 0.0183 17.9% $ 0.0216 $ 0.0229
2020
Billed
Charge
Description Unit
2019
Component
Charge
2020 %
Change
2020
Component
Rate
a. Payment in lieu of taxes (PILOT)
Per kWh $ 0.0217 17.9% $ 0.0256
Green Energy Program
Platte River provides renewable energy in the general resource mix (formerly Tariff 1) through the
supplemental Tariff 7, which is based on individual member City commitments. Tariff 7 will continue through
2020 based upon the current structure. All renewable energy sources are expected to be included in the
primary wholesale tariff starting in 2021, and Tariff 7 will be eliminated.
The Green Energy Program provides an option for customers to subscribe to renewable electricity, in
predetermined “blocks” or up to 100% of their usage. The price premium has been based upon the tariff 7 cost,
which in 2019 is 2.5 cents per kWh. The retail price premium is currently 2.65 cents per kWh after the inclusion
of PILOTs.
The current program does not account for the amount of non-carbon resources provided to customers as part
of the overall resource mix. Given that non-carbon resources make up at least 30% of electricity, customers
who pay the total premium on 100% of their monthly kilowatt-hour use are buying more than 100% renewable
energy. Staff is recommending the Green Energy Rate be modified to account for the base resource mix. The
proposed approach adjusts the amount of renewable energy purchased by a factor of 70% of kWh use. This
adjustment means the current premium charge of 2.65 cents per kWh would be reduced in 2020 to 1.9 cents
per kWh. The overall decrease in revenue to the utility, at the current participation rate related to this
adjustment, is ~$125,000, but may be partially offset by increased participation in the program.
Staff has also determined that as a consequence of this change in program logic, the Green Energy program
will no longer be eligible for certification under the Green-e® Energy Program (green-e.org/programs/energy).
The primary reason is that some of the non-carbon resources in the base mix do not quality as Green-e®
certifiable sources (e.g. the hydro and older wind). Green-e® has provided a valuable external certification for
the Green Energy (and previously Wind Power) Program. However, it’s structure will be limiting to Utilities
options to provide renewable choices for customers moving forward. Several key points related to this change
include:
• Staff has no evidence that Green-e certification remains an important factor for customers. Annual letters
are sent out to subscribers regarding Green-e® certification with no feedback from customers and staff
has discussed this topic with key accounts and business subscribers.
• Utilities will save approximately $3,500 annually to not have to go through the certification process.
• There is a requirement to notify existing subscribers that the program is no longer certified. Staff will be
communicating the lower pricing to existing customers and can incorporate this requirement into the same
Agenda Item 11
Item # 11 Page 5
• Utilities will be able to provide customers with detailed accounting of their sources of electricity as a Green
Energy program subscriber, in a similar fashion to that required by Green-e®.
Staff is recommending this pricing change for 2020 as an interim step prior to a more comprehensive revisions
for the Green Energy Program for 2021. By 2021, the new Roundhouse wind and Rawhide Prairie solar
projects will be operational, and the legacy Tariff 7 commitments may be absorbed into the primary wholesale
tariff. These major changes to the renewable energy sources for Fort Collins customers will necessitate an
overhaul of the Green Energy Program. Staff will incorporate this effort into 2020 work plans with the intent
being to provide customers with options to achieve 100% renewable energy from local and utility scale sources
as the overall resource mix evolves towards the 2030 goal of 100% renewable electricity.
Residential Solar Net Export Credit
Residential solar customers currently receive full retail credit rate for solar energy which they generate and
consume within their home and for solar energy generated in excess of what their home is consuming (net
export). Retail electricity rates include approximately 2.2 cents per kWh related to the cost of service for
operations and maintenance of the distribution system.
Fort Collins customers’ increasing adoption of solar energy systems provides long-term opportunities and
challenges for Utilities, for customers and for the community’s climate and energy goals. While Fort Collins
remains in the early phases of solar adoption, it is important to recognize that the current financial structures
are not sustainable if continued indefinitely. Staff is recommending a multi-step process with the objectives of:
• Continuing to support a robust local solar adoption rate and solar industry presence, and
• Providing a glide path for residential rate structures which aligns with the community’s goal to achieve
100% renewable electricity by 2030.
The analysis required to review the goals, targets, rates, pricing, policies and business models for solar and
distributed energy resources will be incorporated into the Our Climate Future planning process to update the
City’s energy and climate plans. The outcome for the effort will be to establish a sustainable financial model for
distributed energy resources and a predictable path and timeline for customers and trade allies which
recognizes the value of both the distribution grid system and individual assets to create Fort Collins energy
future.
As an initial step, staff is recommending that the effective residential solar credit rate for net excess generation
be maintained at the current amount for 2020. This proposed change in approach does not affect the customer
value for self-consumed solar energy. Because Fort Collins’ advanced electric meters measure and record the
net electricity consumption or net electricity export every 15 minutes, all self-consumed solar is always credited
at the full retail rate. It is only the excess solar energy that is returned to the distribution system that is
impacted by this proposal.
By holding the effective solar net export credit flat in 2020, the rate begins to address the inequity caused by
solar customers not contributing to the distribution system annual costs. The approach of holding the net
export compensation flat creates a gradual shift where the expected increases in wholesale costs will
approach the solar net export rate in the future. Note that other factors, including strategies related to fixed (or
base) charges for all customers may impact this approach in future years.
The initial impact on solar customers in 2020 is relatively small, as the average impact is expected to be
approximately $1.10 less compensation per month. This is approximately 2% of the annual system value. With
simplified modeling, this approach would reduce the cost recovery of a typical solar system by approximately
$450 over ten years. From the Utilities perspective, implementation of this strategy would have an impact of
approximately $2M over ten years.
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Agenda Item 11
Item # 11 Page 6
Rate Strategy Overview: The rate strategy that was developed as part of the Strategic Financial Plan in 2016
provides for objective rate adjustments based on financial metrics. This strategy is included in the stochastic
financial modeling for the plan and serves as the basis of the rate projections presented to Council since 2016.
The following criteria objectively determine when, why and how much rates should be adjusted to maintain the
financial health of each utility:
1. Adjust electric rates sufficient to meet Platte River Power Authority wholesale rate adjustments.
2. If the previous 3 years have averaged negative operating income, raise rates next year to the lesser of 5%
or the level sufficient to have offset the average operating loss.
3. If debt coverage is less than 2.0, increase rates the lesser of 5% and a level sufficient to raise the debt
coverage ratio to 2.1 the next year.
4. If the Available Reserve fund balance is projected to be negative at the end of any year, increase rates the
lesser of 5% and an amount sufficient to increase reserves to the minimum required reserve.
5. Add up all the previous criteria driven rate adjustments and take the lesser of 5% and the sum as the
recommended rate adjustment.
The table below shows how the criteria led to the requested rate adjustments for this budget cycle:
Oct '18 CURRENT
Criteria 2019 2020 2020 2021
1.4% 1.4% 0.3%
1. PRPA wholesale energy costs 1.4% 1.4% 1.4%
2. 3 yr ave Operating Income < 0 5.0% 3.0% 3.9% TBD
3. Debt Coverage Ratio < 2.0 TBD
4. Available Reserves less Capital Need < 0 TBD
Sum of Above 6.4% 5.8% 5.3%
5. Lesser of 5.0% or the sum of above 5.0% 5.0% 5.0% TBD
Increase Carried Forward 1.4% 0.8% 0.3% TBD
TBD - to be determined in the 2021-22 Budget cycle
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Agenda Item 11
Item # 11 Page 7
Electric Rate Trend: Below are charts for these two utilities showing the adjustments to rates that have been
implemented since 2007, along with the forecasted rate adjustments being proposed in this budget. The table
below each chart shows the rate adjustments that are anticipated to be necessary over the next 10 years to
provide adequate revenues to maintain the financial health as determined by the bond rating agencies criteria
for assessing new debt issuances.
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
10%
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027
% Rate Increase
Electric Monthly Rates
Purchased Power
Distribution System
Energy Services
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Rate Increase 3.5% 1.8% 5.0% 5.0% 2-3% 1-3% 1-3% 1-3% 1-3% 1-3%
Debt Issuance $M $20.0
$165M of capital work is expected to be needed between 2017 and 2026 in addition to the current capital appropriations.
Stormwater Fund
The 2% stormwater increase for 2019 is intended to raise operating revenues modestly to increase the debt
capacity of the Enterprise. This is in anticipation of significant debt being needed for the capital improvements
necessary to complete the initial buildout of the stormwater infrastructure. Similar, modest adjustments of less
than 3% may be necessary over the coming decade depending on the timing and scale of the necessary
capital investments.
Criteria 2019 2020
1. 3 yr ave. Operating Income < $0 - -
3. Debt Coverage Ratio < 2.0 - -
4. Available Reserves less Capital Need < 0 * 2.0% 2.0%
Sum of Above 2.0% 2.0%
5. Lesser of 5.0% or the sum of above 2.0% 2.0%
* This is an estimate in lieu of the capital improvement plan
being prioritized. It will be necessary to increase revenues
to support the significant capital needs for this utility
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Agenda Item 11
Item # 11 Page 8
The graph below shows the rate history and forecast for the Stormwater Fund. There was a 5% increase in
2017, no increase in 2018, and 2% in 2019, along with 2% proposed for 2020. The forecast for future years
includes a 1%, or less, increase each year.
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
10%
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027
% Rate Increase
Stormwater Monthly Rate Changes
Water and Wastewater Funds
Staff is proposing no changes in total revenue for the Water and Wastewater Funds for 2020. While there are
no overall changes to these funds, staff recently updated the cost-of-service models for each fund, which is
done every two years. These model updates are driving some minor rate class adjustments. The proposed
adjustments consider variations over the past two years in customer counts, consumption data, and costs
related to operating and maintenance, as well as capital projects.
The graph below shows the proposed rate class adjustments by customer class for the Water Fund. The
adjustments range from (1.3%) to 0.9%. The biggest driver is related to variations in overall consumption,
generally during the summer months when outdoor irrigation occurs. The peaking factor (peak day
consumption compared to average day consumption) for the residential class has increased, on average,
thereby driving an increase in the allocation of water production expenses to this class of customers, albeit
minor. The residential class is proposed to increase 0.4%, the duplex class is proposed to increase 0.8%, and
the multi-family class is proposed to increase 0.9%. The commercial class has decreased peak day flows
slightly, which along with other minor changes, is reflected in the proposed 1.3% rate decrease for 2020.
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Agenda Item 11
Item # 11 Page 9
The graph below shows the rate history and forecast for the Water Fund. No change occurred for 2019 and no
overall change is proposed for 2020. Future year proposals are for a 3% rate increase each year.
0%
2%
4%
6%
8%
10%
12%
14%
16%
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027
% Rate Increase
Water Fund Annual Rate Changes
The graph below shows the proposed rate class adjustments by customer class for the Wastewater Fund,
which range from (0.6%) to 1.5%. While wastewater billing is tied to indoor water consumption, there are other
factors that play into wastewater utility costs. One example is effluent charges, which includes surcharges for
biochemical oxygen demand and total suspended solids, which are collected from commercial customers that
exceed certain thresholds. The biggest drivers in the wastewater changes are related to a combination of the
variability in the wastewater flows, and associated strengths of that waste, since the last model update. The
outcome of the recent model update shows the residential class decreasing 0.6%, the duplex class increasing
0.1%, the multi-family class increasing 1.4%, and the commercial class increasing 1.5%, for 2020.
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Agenda Item 11
Item # 11 Page 10
The graph below shows the rate history and forecast for the Wastewater Fund. No change occurred for 2019
and no overall change is proposed for 2020. Future year proposals are for a 2% increase each year.
0%
2%
4%
6%
8%
10%
12%
14%
16%
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027
% Rate Increase
503 - Wastewater Fund Rate Changes
Typical Residential Utility Bill
The typical residential customer’s total utility bill will increase in 2020, under the proposed rate changes, by
2.3% on average, per month. The table below shows the impacts of all the proposed rate changes on the
utility bill of a typical residential customer.
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Agenda Item 11
Item # 11 Page 11
Utility 2019 2020 $ Change % Change
Electric $ 74.64 $ 78.37 $ 3.73 5.0%
Water $ 47.88 $ 48.07 $ 0.19 0.4%
Wastewater $ 34.45 $ 34.24 $ (0.21)-0.6%
Stormwater $ 15.73 $ 16.04 $ 0.31 2.0%
Total Average Bill $ 172.70 $ 176.73 $ 4.03 2.3%
Average Residential Monthly Bill
Fort Collins Utilities
CITY FINANCIAL IMPACTS
Electric Rate Ordinance - In 2020, the proposed 5.0% increase would add an estimated $6.5M to operating
revenues which will partially address the ongoing operating loss. The attached one-page budget summary for
the Light and Power Enterprise Fund shows the budget assuming this proposed 5.0% rate increase is adopted.
Because reserves have been drawn down already any reduction in the proposed 5.0% rate increase would
need to be offset by a corresponding amount in the accepted budget Offers.
Stormwater Rate Ordinance - In 2020, the proposed 2.0% increase would add an estimated $0.3M to
operating revenues. In the near term this modest rate increase will allow the utility to build up reserves to
strengthen the utility’s financial position ahead of anticipated debt issuances. The attached one-page budget
summary for the Stormwater Enterprise Fund shows a contribution to reserves in both years. In the long term
this will increase the debt capacity necessary to finance the remaining stormwater infrastructure.
BOARD / COMMISSION RECOMMENDATION
At its September 12, 2019 meeting, the Energy Board voted unanimously to support the 2020 electric
rate increase and changes as proposed by staff.
At its September 19, 2019 meeting the Water Board voted unanimously that City Council approve the
proposed 2% increase to Stormwater as well as the rate class adjustments for Water and Wastewater for
2020, as proposed by staff.
PUBLIC OUTREACH
Key Accounts have been communicating the 5.0% overall electric rate increase, 2% stormwater increase, and
the rate class adjustments to water and wastewater rates being proposed for 2020.
ATTACHMENTS
1. Energy Board minutes, September 12, 2019 (draft) (PDF)
2. Water Board minutes, September 19, 2019 (draft) (PDF)
3. Powerpoint presentation (PDF)
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ENERGY BOARD
REGULAR MEETING - ABRIDGED
September 12, 2019 – 5:30 pm
222 Laporte Ave.; Colorado Room
ENERGY BOARD MEETING |09/12/2019
ROLL CALL
Board Members Present: Chairperson Nick Michell, Vice Chairperson Amanda Shores, Alan Braslau,
Bill Becker, Dan Gould, Jeremy Giovando, John Fassler, Stacey Baumgarn
Board Members Absent: None
OTHERS PRESENT
Staff Members Present: Christie Fredrickson, Cyril Vidergar, Brian Tholl, Tim McCollough, Molly Saylor,
Michael Authier, Lance Smith, Rhonda Gatzke, Mark Cassalia
Platte River Power Authority: Paul Davis
Members of the Public: Rick Coen
2020 ELECTRIC RATES, INCLUDING GREEN ENERGY & SOLAR
EXPORT
Lance Smith, Director, Financial Planning & Assets
(attachments available upon request)
Mr. Smith summarized the proposed rate increases for 2020, which includes a 5% increase in electric
rates, and a 2% increase in stormwater rates. Water and wastewater do not have a proposed increase in
2020. In 2019, Platte River raised the cost of wholesale energy by 1.4%, but the Utility’s three-year
average operating income was negative, so staff requested a 5% electric rate increase to improve the
operating income and carried forward the 1.4% increase from Platte River to 2020. Mr. Smith said in
2020, finance staff identified a 3.9% electric rate increase as necessary to bring the operating income
above zero, and the 1.4% wholesale rate increase carried over from 2019 (totaling 5.3%). So as not to
exceed the 5% increase threshold, staff is proposing a 5% increase in 2020 and carrying over the
remaining 0.3% to 2021.
Chairperson Michell said it would be helpful to see and & understand exactly what the Light and Power
fund looks like. Mr. Smith said staff is currently awaiting the completion of the updated Capital
Improvement Plan, which will help them understand a rate forecast after they run it through the long-term
financial model. By the by end of year Mr. Smith expects to have a clear picture of the Utility’s financial
health and would be happy to come back to the Board with that information.
Chairperson Michell asked if the increased costs for the Halligan expansion will affect the request for a
5% electric rate increase, and Mr. Smith said no, they won’t be asking for Halligan funding in 2020 and he
tries to stagger the utility rate increases so the customer’s bill doesn’t have a drastic increase all at once.
In addition to the 5% overall electric rate increase, staff is also proposing to hold the solar credit flat for
energy returned to the grid. The intent behind that proposal is to create a smooth path to merge with
Platte River’s 100% renewable energy goal by 2030. Commercial customers’ summer season will be
extended to four months in 2020 (June through September), and wholesale energy will no longer be
seasonal (wholesale demand charges will remain seasonal, with a 75% ratchet implemented).
Without making an adjustment to demand costs at the retail level, the wholesale demand ratchet would
drive an approximate $1.5 million revenue shortfall. While these costs are incurred during the non-
summer months, staff is proposing the summer demand charge for retail customers be increased to offset
ATTACHMENT 1
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Attachment: Energy Board minutes, September 12, 2019 (draft) (8363 : Utility Rates)
ENERGY BOARD
REGULAR MEETING
ENERGY BOARD MEETING | 09/12/2019
this amount because the cause of the increased cost is higher summer peak demands. The impact
would be an increase in the summer months from $11.98 per kW to $13.27 per kW.
Staff is also looking to modify the Green Energy Program. The current green energy price is 2.65 cents
per kWH, but because 30% of our resource mix is non-carbon, staff is proposing to reduce the green
energy price to 1.9 cents per kWh in 2020. This is expected to reduce the Utility revenue by
approximately $125,000 for 2020, but it’s possible the reduction in charge could encourage participation.
Chairperson Michell asked if there will still be a Green Energy Program in 2021, or if it’s possible it will go
away along with Tariff 7? Mr. McCollough said the plan for Tariff 7 beyond 2020 has not been finalized
yet. He added it would be good for Fort Collins to roll everything into the base tariff portfolio, because we
have a disproportionate share of Tariff 7 energy and cost.
Mr. Smith displayed a chart showing the current solar retail credit and wholesale cost forecast over the
next 10 years. By flattening the retail credit from 2020 to 2030, the distribution delta gap will decrease as
we approach the goal of 100% renewable energy by 2030. Board member Braslau asked what the
Colorado law is regarding solar energy buy-back rates. Mr. McCollough said there is no statewide
specification for net-metering buy-back rates. Mr. Vidergar added that the City’s Electric Utility is exempt
from many of the PUC’s regulations, including specifics on the setting of rates and the state’s renewable
energy standards. The City uses the PUC regulations as a benchmark or best practices but is not
required to comply with them.
Chairperson Michell said from a financial standpoint he understands why staff would propose to flatten
the retail credit, but as a customer, he would prefer to see something structured about how the City puts a
value on solar because now the flattening of the credit could appear as devaluing solar and renewable
energy practices. Mr. McCollough added that the 5% rate increase benefits self-consumption solar
customers because they are avoiding that cost. Chairperson Michell asked Mr. Coen his opinion about
the flattened retail credit. Mr. Coen said residential homeowners purchase homes for a variety of
reasons, so the impact might be minimal, but said it will be important to work thoroughly on the
messaging so that it doesn’t inadvertently discourage the use and adoption of solar.
Vice Chairperson Shores asked for clarification regarding Mr. Smith’s rate smoothing process. Mr. Smith
said Council focuses on the overall impact to the utility bill, so they provide general direction about rate
increase ceilings and balancing which or how many of the utilities can increase rates in a calendar year.
Mr. McCollough said staff can also ask for higher rate increases in years when a utility doesn’t really need
it, to help build for needs in the future.
Board member Giovando said he understood from the presentation that there is a need to increase
revenue, and the majority of the rate increase will be imposed upon the peak-usage charge; however, the
Utility is also encouraging customers to curb their usage during those peak-hour rate periods. He asked if
staff is anticipating that many customers won’t change their usage behaviors so the Utility can hit the
revenue mark, or do they think customers have changed their behaviors and the Utility will still come up
short on the revenue? Mr. Smith said the majority of the increase is coming through increasing the fixed
charge and the distribution facility charge, which has nothing to do with when a customer uses uses
energy.
Board member Baumgarn said he understands the necessity of the rate increase, but he believes the
storytelling of the increase is unsettling.
Chairperson Michell moved the Energy Board support the 2020 electric rate increase and
11.1
Packet Pg. 154
Attachment: Energy Board minutes, September 12, 2019 (draft) (8363 : Utility Rates)
ENERGY BOARD
REGULAR MEETING
ENERGY BOARD MEETING | 09/12/2019
changes, as proposed by staff.
Vice Chairperson Shores seconded the motion.
Discussion:
Board member Braslau said it’s important for the communications to justify the increase in residential
fixed rate charges. Chairperson Michell said if Council will approve these rates increases, it would be a
step in the right direction because the Board has asked for base rate increases for at least five years.
Vote on the Motion: It passed 7-0, with 1 abstention.
Board member Giovando said he abstained from voting because he feels uncomfortable encouraging
customers to reduce their energy usage while also raising rates and the Utility’s revenue.
11.1
Packet Pg. 155
Attachment: Energy Board minutes, September 12, 2019 (draft) (8363 : Utility Rates)
Excerpt from Unapproved DRAFT MINUTES - WATER BOARD
REGULAR MEETING
September 19, 2019, 5:30 p.m.
222 Laporte Avenue, Colorado River Community Room
09/19/2019 – Excerpt from Unapproved DRAFT MINUTES Page 1
2020 Utility Rates
(Attachments available upon request)
Utilities Strategic Finance Director Lance Smith summarized the proposed rates that
staff will take to City Council on October 15 for first reading and November 5 for
second reading: 5% increase in electric rates by 5%, 2% stormwater increase to
raise operating revenues modestly to increase the enterprise’s debt capacity; 0%
increase in rates for to the Water Fund and Wastewater Fund with variation by rate
class.
Wastewater rates contain small rate class specific adjustments; staff has seen an
increase in wastewater treated at the plant and slight decrease in single family use,
which is reflective of the trend of overall decrease in use; didn’t increase in 2019
and 2020, but forecasting a 2% increase on average. Customers will receive
information with their first bill in January and information will be available at
www.fcgov.com.
Discussion Highlights: Board members commented on and inquired about various
related topics including the need to clarify the messaging on rate increases and
suggestion that staff give context, such as annual increase per customer totals;
elevator speech on why rates are increasing; whether customers in different rate
classes receive different messages (staff confirmed they do); messaging on Water
Supply Requirement increase due to excessive use (The proposed change to the
Water Supply Requirement increases the cost of 1 acre-foot of required raw water
from $17,300 to $21,500, or 24%); whether there will be an increase in 2022 (Mr.
Smith replied he expects an increase; Ms. Webb mentioned developers installing
water taps of inadequate size at the time of construction and then later having to
pay for larger taps); impacts of a hypothetical scenario in which a homeowners
association (HOA) chooses to not pay the excess water use fee and lets the grass
die, and it’s not counted as revenue; whether staff is examining landscaping plans
as part of development review process to ensure adequate water will be supplied
(staff confirmed outreach to HOAs and developers); Rigden Farm landscaping (staff
stated the HOA decided to install drought-tolerant landscaping and is therefore
allowing the grass to die as recommended by staff as the most cost effective and
efficient preparation for the transition); upcoming Council discussion on changes in
the community’s look as high-water landscaping is phased out and replaced by
drought tolerant landscaping.
ATTACHMENT 2
11.2
Packet Pg. 156
Attachment: Water Board minutes, September 19, 2019 (draft) (8363 : Utility Rates)
WATER BOARD
REGULAR MEETING
09/19/2019 – Excerpt from Unapproved DRAFT MINUTES Page 2
Board Member Steve Malers moved that Water Board recommend to City Council
approval of the proposed 2% increase to Stormwater as well as the rate class
adjustments for Water and Wastewater for 2020, as proposed by staff.
Board Member Phyllis Ortman seconded the motion.
Discussion on the motion: None
Vote on the Motion: it passed unanimously, 8-0
Discussion after the vote: A board member commented on similarities between
Connecticut and Colorado water prices; moved from Connecticut because monthly
water bill went from $100 per month to $1,000 per month over 25 years. Mr. Smith
replied that rates will not increase by more than 5% at a time. Another board
member commented on past Southern California Edison bills; understood that at
one point in summer the monthly bill would be as high as $400.
11.2
Packet Pg. 157
Attachment: Water Board minutes, September 19, 2019 (draft) (8363 : Utility Rates)
2020
October 15, 2019
City Council – First Reading
ATTACHMENT 3
11.3
Packet Pg. 158
Attachment: Powerpoint presentation (8363 : Utility Rates)
2020 Rate Summary
2
UTILITY 2020 PROPOSED
INCREASE NOTES
ELECTRIC 5% Varies by rate class
WATER 0% Varies by rate class
WASTEWATER 0% Varies by rate class
STORMWATER 2% Same for all classes
11.3
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Attachment: Powerpoint presentation (8363 : Utility Rates)
Financial Criteria for Rate Adjustments
3
Electric
Criteria 2019 2020 2021
1.4% 0.3%
1. PRPA wholesale energy costs 1.4% 1.4%
2. 3 yr ave Operating Income < 0 5.0% 3.9% TBD
3. Debt Coverage Ratio < 2.0 TBD
4. AvailableReserves less Capital Need < 0 TBD
Sum of Above 6.4% 5.3%
5. Lesser of 5.0% or the sum of above 5.0% 5.0% TBD
Increase Carried Forward 1.4% 0.3% TBD
TBD - to be determined in the 2021-22 Budget cycle
11.3
Packet Pg. 160
Attachment: Powerpoint presentation (8363 : Utility Rates)
2020 Electric Rates
• Wholesale Rate Changes for PRPA
• Implementation of an Owner Charge
• Energy charges will no longer be seasonal
• Changes to demand charges
• 4-month summer season to include September (Jun – Sep)
• Proposed Retail Rate Changes
• Lower renewable energy premium by 30%
• Proposal to hold solar credit flat for energy returned to grid (less than 20% of distributed
generation would be impacted)
11.3
Packet Pg. 161
Attachment: Powerpoint presentation (8363 : Utility Rates)
2020 Water Rates
Shifts in peaking
factors (ratio of
peak day
demand to the
average day
demand) are
driving these
adjustments
11.3
Packet Pg. 162
Attachment: Powerpoint presentation (8363 : Utility Rates)
2020 Wastewater Rates
Changes in
flow volumes
and associated
strengths of
that waste are
driving shifts in
costs between
rate classes
11.3
Packet Pg. 163
Attachment: Powerpoint presentation (8363 : Utility Rates)
Financial Criteria for Rate Adjustments
7
Criteria 2019 2020
1. 3 yr ave Operating Income < 0
2. Debt Coverage Ratio < 2.0
3. Available Reserves less Capital Need < 0 2.0% 2.0%
Sum of Above 2.0% 2.0%
4. Lesser of 5.0% or the sum of above 2.0% 2.0%
Stormwater
11.3
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Attachment: Powerpoint presentation (8363 : Utility Rates)
2019 - 2020 Residential Average Bill
Utility 2019 2020 $ Change % Change
Electric $ 74.64 $ 78.37 $ 3.73 5.0%
Water $ 47.88 $ 48.07 $ 0.19 0.4%
Wastewater $ 34.45 $ 34.24 $ (0.21)-0.6%
Stormwater $ 15.73 $ 16.04 $ 0.31 2.0%
Total Average Bill $ 172.70 $ 176.73 $ 4.03 2.3%
Average Residential Monthly Bill
Fort Collins Utilities
11.3
Packet Pg. 165
Attachment: Powerpoint presentation (8363 : Utility Rates)
2019 Residential Average Bill
Electric Water Wastewater Stormwater Total
2019 2019 2019 2019 2019
Longmont $ 65.25 $ 49.43 $ 33.38 $ 13.05 $ 161.11
Greeley $ 79.39 $ 57.05 $ 20.24 $ 11.76 $ 168.44
Loveland $ 77.08 $ 44.84 $ 32.33 $ 17.60 $ 171.84
Ft Collins $ 74.64 $ 47.88 $ 34.45 $ 15.73 $ 172.70
Boulder $ 79.39 $ 47.13 $ 36.87 $ 16.39 $ 179.78
Colorado Springs $ 86.43 $ 88.87 $ 29.41 N/A $ 204.71
11.3
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Attachment: Powerpoint presentation (8363 : Utility Rates)
Utilities Affordability Portfolio
11.3
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Attachment: Powerpoint presentation (8363 : Utility Rates)
11
11.3
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Attachment: Powerpoint presentation (8363 : Utility Rates)
-1-
ORDINANCE NO. 125, 2019
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
AND UPDATING RELATED PROVISIONS
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 rates, fees or charges for utility services set forth herein are necessary to
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, revenues from the rates, fees or charges for utility services set forth herein
shall be used to defray the costs of providing such utility services as required by the Charter and
the City Code; 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 May 30, 2019; and
WHEREAS, Utilities staff has determined the increased local distribution costs will
require an additional average 5% rate increase in 2020 in order to remain consistent with Article
XII, Section 6, of the City Charter; and
WHEREAS, in addition to adjusting electric rates, Utilities staff has identified formatting
and maintenance updates to Chapter 26 of the City Code necessary to improve the clarity with
which electric rates are stated; and
WHEREAS, the Energy Board considered the proposed electric rates and methods of
application at its September 12, 2019 regular meeting, and provided recommendations of
approval of proposed rate sets to City Council; and
WHEREAS, the City Manager and staff have recommended to the City Council the
following electric rate adjustments and City Code rate language clarifications for all billings
issued with meter readings on or after January 1, 2020; 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 as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That Section 26-391 (a) of the Code of the City of Fort Collins is hereby
amended by addition of two new definitions to read as follows:
…
Component energy charge/credit shall mean the base rate for energy consumption or net-metered
generation, which is combined with the PILOT and distribution facilities charge (where
indicated) for the “billed charge” or “bill credit” reflected on a customer’s utility bill.
…
Billed charge shall mean the charge appearing on a residential or small commercial customer’s
utility bill, reflecting the combined total of PILOT, component energy charge, and distribution
facilities charge (where indicated). For other commercial services, this charge adds only PILOT
to the designated component charge, as indicated in the respective rate table for the service class.
Bill credit shall mean the credit appearing on a residential customer’s bill, reflecting the
combined total of component energy credit and distribution facilities credit (where indicated).
…
Section 3. That Sections 26-464 (c), (d), (e), (f), (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.
Tiered Rate - Limited-Term. The monthly rates for this schedule shall be the sum of
the following charges, applied to all remote-read meter readings on or after January 1,
2019. Customers enrolled in manual meter reading services as of August 31, 2018 shall
remain on the tiered rates below until the date meter upgrades necessary to serve such
customers on time-of-day rates are completed, as which time the time-of-day rates
under subsection (2) of this Section shall apply.
a. Fixed Charge Per account $6.40
b. Distribution facilities charge Per kWh $0.0283
c. Energy and demand charge
1. Summer. For billings based on meter readings during the months of June, July and August,
provided that no customer shall be billed more than three (3) full billing cycles at the summer
rate.
a) Tier 1 - for the first five hundred (500) kilowatt hours per
month
Per kWh $0.0660
b) Tier 2 - for the next five hundred (500) kilowatt hours per
month
Per kWh $0.0839
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c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.1196
2. Non-summer. For billings based on meter readings during the months of January through
May and September through December.
a) Tier 1 - for the first five hundred (500) kilowatt hours per
month, per kWh
Per kWh $0.0607
b) Tier 2 - for the next five hundred (500) kilowatt hours per
month, per kWh
Per kWh $0.0651
c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0744
d. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed pursuant to this Section
6 percent
e. Income-qualified assistance program ("IQAP") discount. Discount applied to
monthly charges in "a.", "b.", and "c." for IQAP participating residential customers,
as further described in Section 26-724 of the Code.
23 percent
(2) Time-of-day. The monthly rates for this schedule shall be the sum of the
following charges applied to all energy consumption on or after January 1, 201920. Customers
enrolled in manual meter reading services as of August 31, 2018 shall be billed based on time-of-
day rates as of the date meter upgrades necessary to serve such customers on time-of-day rates
are completed.
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
a. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant
to this Section
6 percent
ab. Fixed Charge
Per
account
$6.40 $7.55
$8.00
bc. Distribution facilities charge (applied to energy
charges in d.1. and d.2. below)
Per kWh
$0.0217
$0.0256
cd. Wholesale Energy Charge (combined eEnergy and demand costs) charge
1. Summer. For billings based on consumption during the months of May, June, July, August,
and September
(a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding
holidays)
Per kWh
$0.2055
$0.2183
$0.2585
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(b) Off-Peak Per kWh
$0.0437
$0.0414
$0.0710
2. Non-summer. For billings based on consumption during the months of January through April
and October through December.
(a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh
$0.1824
$0.1815
$0.2195
(b) Off-Peak Per kWh
$0.0419
$0.0414
$0.0710
de. Energy efficiency tier charge, per kilowatt hour
for total consumption over 700 kWh in a billing
month (regardless of on-peak or off-peak)
Per kWh
$0.0183
$0.0216
$0.0229
e. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed pursuant to
this Section
6 percent
f. Income-qualified assistance discount. Discount applied to
effective monthly charges in "a.", "b.", and "c." and “d.” for
IQAP participating residential customers, as further described in
Section 26-724 of the Code.
23 percent
(d) Medical assistance program.
. . .
(3) a. Durable Medical Equipment (DME) Time-of-day. The discounted monthly rates for
customers with electrical durable medical equipment only shall be the sum of the
following charges, applied to all energy consumption on or after January 1, 201920:
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
1. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this
Section
6 percent
12. Fixed Charge
Per
account
$6.40 $7.55
$8.00
3. Distribution facilities charge (applied to energy
charges in 4.a) and 4.b) below)
Per kWh
$0.0217
$0.0256
2. Distribution facilities charge Per kWh $0.0217
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34. Energy and demand charge
a) Summer. For billings based on consumption during the months of May, June, July, August, and
September
(i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding
holidays)
Per kWh
$0.1439
$0.1528
$0.1891
(ii) Off-Peak Per kWh
$0.0306
$0.0290
$0.0578
b) Non-summer. For billings based on consumption during the months of January through April
and October through December.
(i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh
$0.1277
$0.1271
$0.1618
(ii) Off-Peak Per kWh
$0.0294
$0.0290
$0.0578
45. Energy efficiency tier charge, per kilowatt
hour for total consumption over 700 kWh in a
billing month (regardless of on-peak or off-peak)
Per kWh
$0.0183
$0.0216
$0.0229
5. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed pursuant to
this Section
6 Percent
(4) a. Air Conditioning (A/C) Time-of-day. The discounted monthly rates for customers with
medical needs requiring air conditioning only shall be the sum of the following charges, applied
to all energy consumption on or after January 1, 201920:
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
1. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this
Section
6 percent
12. Fixed Charge
Per
account
$6.40 $7.55
$8.00
3. Distribution facilities charge (applied to
energy charges in 4.a) and 4.b) below)
Per kWh $0.0217 $0.0256
2. Distribution facilities charge Per kWh $0.0217
34. Energy and demand charge
-6-
holidays)
(ii) Off-Peak Per kWh $0.0437 $0.0414 $0.0710
b) Non-summer. For billings based on consumption during the months of January through
April and October through December.
(i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh $0.1824 $0.1815
$0.2195
(ii) Off-Peak Per kWh $0.0419 $0.0414 $0.0710
45. Energy efficiency tier charge, per kilowatt
hour for total consumption over 700 kWh in a
billing month (regardless of on-peak or off-peak)
Per kWh $0.0183 $0.0216
$0.0229
5. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed
pursuant to this Section
6 percent
(5) a. Durable Medical Equipment (DME) & A/C Time-of-day. The discounted monthly
rates for customers with electrical durable medical equipment and medical needs
requiring air conditioning shall be the sum of the following charges, applied to all
energy consumption on or after January 1, 201920:
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
1. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to
this Section
6 percent
12. Fixed Charge
Per
account
$6.40 $7.55
$8.00
3. Distribution facilities charge (applied to
energy charges in 4.a) and 4.b) below)
Per kWh
$0.0217
$0.0256
2. Distribution facilities charge Per kWh $0.0217
34. Energy and demand charge
a) Summer. For billings based on consumption during the months of May, June, July, August,
and September
(i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding
holidays)
Per kWh
$0.0437
$0.0414
$0.0710
(ii) Off-Peak Per kWh
$0.0306
$0.0290
$0.0578
b) Non-summer. For billings based on consumption during the months of January through
April and October through December.
Packet Pg. 174
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(i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh
$0.1277
$0.1271
$0.1618
(ii) Off-Peak Per kWh
$0.0294
$0.0290
$0.0578
45. Energy efficiency tier charge, per kilowatt
hour for total consumption over 700 kWh in a
billing month (regardless of on-peak or off-
peak)
Per kWh
$0.0183
$0.0216
$0.0229
5. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed
pursuant to this Section
6 percent
. . .
(e) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (e). The utility may establish and offer
voluntary programs designed to increase and enhance the use of energy generated by
renewable energy resources in support of Council-adopted policy applicable to the utility.
Unit
Component
Charge
Billed
Charge
(including
PILOT)
Per kWh
$0.025
$0.0175
$0.019
(f) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (f)
may be added to the above charges for service to intermittent loads in accordance with the
provisions of the Electric Service Standards.
Unit
Component
Charge
Billed
Charge
(including
PILOT)
Per kW $2.21 $2.32 $2.46
. . .
(p) Net metering.
. . .
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-8-
(5) a. Tiered Rate - Limited Term. 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 from the utility consumed by the
customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of
this Section. The energy produced by the customer-generator shall be credited to the
customer monthly as follows, applied to all manual-read meter readings on or after
January 1, 2019. Customers enrolled in manual meter reading services as of August 31,
2018 shall remain on the tiered rates below until the date meter upgrades necessary to
serve such customers on time-of-day rates are completed, at which time the time-of-day
rates under subsection b. of this Section shall apply.
1. Distribution facilities credit Per kWh $0.0283
2. Energy and demand credit Per kWh $0.0660
b. Time-of-day. For The customer-generator’s on a "time-of-day" (TOD) rate,
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 from
the utility consumed by the customer-generator shall be billed at the applicable
rates under Subsection (c) of this Section. The energy produced by the customer-
generator shall be credited to the customer monthly as follows, applied to all
generation returned to the grid on or after January 1, 201920. Customers enrolled in
manual meter reading services as of August 31, 2018 shall be credited based on
time-of-day rates as of the date meter upgrades necessary to serve such customers
on time-of-day rates are completed.
Description Unit
Component
Credit
Bill Credit
1. Distribution facilities credit (applied to credits in 2. and
3. below)
Per kWh $0.0217
2. Energy and demand credit - For billings based on generation during the months
of May, June, July, August and September
a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh
$0.2055
$0.2183
$0.2400
b) Off-Peak Per kWh
$0.0437
$0.0414
$0.0631
3. Energy and demand credit - For billings based on generation during the months
of January through April and October through December
a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh
$0.1824
$0.1815
$0.2032
b) Off-Peak Per kWh
$0.0419
$0.0414
$0.0631
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. . .
(r) Net metering—Community solar projects.
. . .
(3) a. Tiered Rate - Limited Term. Both the customer's consumption of energy from the
utility and interest in the production of energy that flows into the utilities' distribution
system shall be measured on a monthly basis. The energy from Fort Collins Utilities
consumed by the customer shall be billed at the applicable rate as outlined in Subsection
(c) of this Section. The method used to measure energy produced and issue credits
under this Section shall be the same for subscriber-owned facilities and dedicated
program-managed facilities. The energy produced by the customer's portion of the
qualifying facility shall be credited to the customer monthly as follows, applied to all
remote-read meter readings on or after January 1, 2019. Customers enrolled in manual
meter reading services as of August 31, 2018 shall remain on the tiered rates below until
the date meter upgrades necessary to serve such customers on time-of-day rates are
completed, at which time the time-of-day rates under Subsection b. of this Section shall
apply.
1. Distribution facilities credit Per kWh $0.0141
2. Energy and demand credit Per kWh $0.0660
b. Time-of-day. For customer-generators on a "time-of-day" rate, tThe customer's
consumption of energy from the utility and interest in the production of energy that
flows into the utilities' distribution system shall be measured on a monthly basis.
The energy from the utility consumed by the customer-generator shall be billed at
the applicable rates under Subsection (c) of this Section. The method used to
measure energy produced and issue credits under this Section shall be the same for
subscriber-owned facilities and dedicated program-managed facilities. The energy
produced by the customer-generator shall be credited to the customer monthly as
follows, applied to all generation returned to the grid on or after January 1, 201920.
Customers enrolled in manual meter reading services as of August 31, 2018 shall
be credited based on time-of-day rates as of the date meter upgrades necessary to
serve such customers on time-of-day rates are completed.
Description Unit
Component
Credit
Bill Credit
1. Distribution facilities credit (applied to credits in 2.
and 3. below)
Per kWh $0.0109
2. Energy and demand credit - For billings based on generation during the months of May,
June, July, August and September
a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding
holidays)
Per kWh
$0.2055
$0.2183
$0.2292
b) Off-Peak Per kWh $0.0437 $0.0523
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$0.0414
3. Energy and demand credit - For billings based on generation during the months of January
through April and October through December
a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh
$0.1824
$0.1815
$0.1924
b) Off-Peak Per kWh
$0.0419
$0.0414
$0.0523
c. The Utilities Executive Director shall have authority to extend issuance of credits
under Subsection (3)a. until December 31, 2018, as needed to comply with
requirements of power supply or purchase agreements with project owners.
Section 4. That Sections 26-465 (c), (e), (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 All-electric residential service, schedule RED.
. . .
(c) Monthly rate.
(1) Tiered Rate - Limited Term. The monthly rates shall be the sum of the following
charges, applied to all manual-read meter readings on or after January 1, 2019.
Customers enrolled in manual meter reading services as of August 31, 2018 shall
remain on the tiered rates below until the date meter upgrades necessary to serve such
customers on time-of-day rates are completed, at which time the time-of-day rates in
subsection (2) of this Section shall apply.
a. Fixed Charge Per account $6.40
b. Demand charge Per kW $2.50
c. Distribution facilities charge Per kWh $0.0249
d. Energy charge
1. Summer. For billings based on meter readings in
the months of June, July and August
Per kWh $0.0461
2. Non-summer. For billings based on meter
readings in the months of January through May and
September through December
Per kWh $0.0443
3. 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
e. Payment in lieu of taxes (PILOT) and franchise. 6 percent
Packet Pg. 178
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A charge based on all monthly service charges billed pursuant to this
Section
f. Income-qualified assistance program ("IQAP") discount. Discount
applied to monthly charges in "a.", "b.", and "c." above for IQAP
participating residential customers, as further described in Section 26-
724 of the Code
23 percent
(2) Time of day. The monthly rates for this schedule shall be the sum of the following
charges, applied to all energy consumption on or after January 1, 201920. Customers
enrolled in manual meter reading services as of August 31, 2018 shall be billed based
on time-of-day rates as of the date meter upgrades necessary to serve such customers on
time-of-day rates are completed.
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
a. Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this
Section
6 percent
ab. Fixed Charge Per account $6.40 $7.55 $8.00
c. Distribution facilities charge (applied to
charges in d.1. and d.2. below)
Per kWh $0.0330
b. Distribution facilities charge Per kWh $0.0280
cd. Energy and demand charge
1. Summer. For billings based on consumption during the months of May, June, July and
August, and September
a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding
holidays)
Per kWh
$0.2055
$0.2183
$0.2664
b) Off-Peak Per kWh
$0.0437
$0.0414
$0.0789
2. Non-summer. For billings based on consumption during the months of January through April
and October through December.
a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding
holidays)
Per kWh
$0.1824
$0.1815
$0.2274
b) Off-Peak Per kWh
$0.0419
$0.0414
$0.0789
3. 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
e. Payment in lieu of taxes (PILOT) and franchise. 6 percent
Packet Pg. 179
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A charge based on all monthly service charges billed pursuant
to this Section
fe. Income-qualified assistance program ("IQAP") discount.
Discount applied to monthly charges in "a.", "b.", and "c." and
“d” above for IQAP participating residential customers, as
further described in Section 26-724 of the Code
23 percent
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer
voluntary programs designed to increase and enhance the use of energy generated by renewable
energy resources in support of Council-adopted policy applicable to the utility.
Unit
Component
Charge
Billed Charge
(including
PILOT)
Per kWh $0.025 $0.0175 $0.019
(e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection
(e) may be added to the above charges for service to intermittent loads in accordance with
the provisions of the Electric Service Standards.
Unit
Component
Charge
Billed Charge
(including
PILOT)
Per kW $2.21 $2.32 $2.46
(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) Monthly standby distribution charge:
Description Unit
Component
Charge
Billed Charge
(including
PILOT)
Contracted standby service, this charge shall be
in lieu of the distribution facilities charge
Per kW $2.23 $2.34 $2.48
For all metered kilowatts in excess of the
contracted amount
Per kW $6.67 $7.00 $7.42
. . .
Packet Pg. 180
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(q) Net metering.
. . .
(5) a. Tiered Rate - Limited Term. 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 from the utility consumed 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 monthly as follows, applied to all manual-read meter readings
on or after January 1, 2019. Customers enrolled in manual meter reading services as of
August 31, 2018 shall remain on the tiered rates below until the date meter upgrades
necessary to serve such customers on time-of-day rates are completed, at which time the
time-of-day rates in subsection b. of this Section shall apply.
1. Distribution facilities credit Per kWh $0.0283
2. Energy and demand credit Per kWh $0.0660
b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, 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 from the utility consumed by the customer-generator
shall be billed at the applicable rates under Subsection (c) of this Section. The
energy produced by the customer-generator shall be credited to the customer
monthly as follows, applied to all generation returned to the grid on or after January
1, 201920. Customers enrolled in manual meter reading services as of August 31,
2018 shall be credited based on time-of-day rates as of the date meter upgrades
necessary to serve such customers on time-of-day rates are completed.
Description Unit
Component
Credit
Bill
Credit
1. Distribution facilities credit (applied to credits in 2. and
3. below)
Per kWh $0.0279
2. Energy and demand credit - For billings based on generation during the months of May,
June, July, August and September
a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh
$0.2055
$0.2183
$0.2462
b) Off-Peak Per kWh
$0.0437
$0.0414
$0.0693
3. Energy and demand credit - For billings based on generation during the months of January
through April and October through December
a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh
$0.1824
$0.1815
$0.2094
b) Off-Peak Per kWh $0.0419 $0.0693
Packet Pg. 181
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$0.0414
(r) Net metering—community solar projects.
...
(3) a. Tiered Rate - Limited Term. Both the customer's consumption of energy from the
utility and interest in the production of energy that flows into the utilities' distribution
system shall be measured on a monthly basis. The energy from Fort Collins Utilities
consumed by the customer shall be billed at the applicable seasonal tiered rate as
outlined in Subsection (c) of this Section. The method used to measure energy produced
and issue credits under this Section shall be the same for subscriber-owned facilities and
dedicated program-managed facilities. The energy produced by the customer's portion
of the qualifying facility shall be credited to the customer monthly as follows, applied to
all manual-read meter readings on or after January 1, 2019. Customers enrolled in
manual meter reading services as of August 31, 2018 shall remain on the tiered rates
below until the date meter upgrades necessary to serve such customers on time-of-day
rates are completed, at which time the time-of-day rates under Subsection b. of this
Section shall apply.
a. Distribution facilities credit Per kWh $0.0141
b. Energy and demand credit Per kWh $0.0660
b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, The
customer's consumption of energy from the utility and interest in the production of
energy that flows into the utilities' distribution system shall be measured on a
monthly basis. The energy from the utility consumed by the customer-generator
shall be billed at the applicable rates under Subsection (c) of this Section. The
method used to measure energy produced and issue credits under this Section shall
be the same for subscriber-owned facilities and dedicated program-managed
facilities. The energy produced by the customer-generator shall be credited to the
customer monthly as follows, applied to all generation returned to the grid on or
after January 1, 201920. Customers enrolled in manual meter reading services as of
August 31, 2018 shall be credited based on time-of-day rates as of the date meter
upgrades necessary to serve such customers on time-of-day rates are completed.
Description Unit
Component
Credit
Bill
Credit
1. Distribution facilities credit (applied to credits in 2. and
3. below)
Per kWh $0.0141
2. Energy and demand credit - For billings based on generation during the months of May,
June, July, August and September
a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.2055 $0.2324
Packet Pg. 182
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$0.2183
b) Off-Peak Per kWh
$0.0437
$0.0414
$0.0555
3. Energy and demand credit - For billings based on generation during the months
of January through April and October through December
a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh
$0.1824
$0.1815
$0.1956
b) Off-Peak Per kWh
$0.0419
$0.0414
$0.0555
. . .
Section 5. That Sections 26-466 (c), (d), (e), (q), and (r) of the Code of the City of
Fort Collins are hereby amended to read as follows:
Sec. 26-466. - General service, schedule GS.
. . .
(c) Monthly rate. The monthly rates for this schedule shall be the sum of the following
charges:
(1) Fixed charge
a. Single-phase, two-hundred-ampere service Per account $4.05
b. Single-phase, above two-hundred-ampere service Per account $11.95
c. Three-phase, two-hundred-ampere service Per account $6.17
d. Three-phase, above two-hundred-ampere service Per account $14.62
(2) Demand charge
a. Summer. For billings based on meter readings in the
months of June, July, and August
Per kWh $0.0278
b. Non-summer. For billings based on meter readings in
the months of January through May and September through
December
Per kWh $0.0170
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 kWh $0.0275
(4) Energy charge
a. Summer. For billings based on meter readings in the Per kWh $0.0461
Packet Pg. 183
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months of June, July, and August
b. Non-summer. For billings based on meter readings in
the months of January through May and September through
December
Per kWh $0.0443
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) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed
pursuant to this Section
6 percent
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
(1) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this Section
6 percent
(2) Fixed Charge
a. Single-phase, two-hundred-ampere service Per account $4.77 $5.63
b. Single-phase, above two-hundred-ampere
service
Per account $14.09
$16.61
c. Three-phase, two-hundred-ampere service Per account $7.27 $8.58
d. Three-phase, above two-hundred-ampere
service
Per account $17.24
$20.32
(3) Distribution facilities charge (added to
demand and energy charges below for “Billed
Charge” shown in (5))
Per kWh $0.0324
(4) Demand charge
a. Summer. For billings based on meter
readings in the months of June, July, August,
and September
Per kWh $0.0314
b. Non-summer. For billings based on meter
readings in the months of January through May
and October through December
Per kWh $0.0192
c. The meter reading date shall generally
determine the summer season billing months;
however, no customer shall be billed more than
four (4) full billing cycles at the summer rate
Packet Pg. 184
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(5) Energy charge
a. Summer. For billings based on meter
readings in the months of June, July, August,
and September
Per kWh $0.0414
$0.1115
b. Non-summer. For billings based on meter
readings in the months of January through May
and October through December
Per kWh $0.0414
$0.0986
c. The meter reading date shall generally
determine the summer season billing months;
however, no customer shall be billed more than
four (4) full billing cycles at the summer rate
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (d). The utility may establish and
offer voluntary programs designed to increase and enhance the use of energy generated by
renewable energy resources in support of Council-adopted policy applicable to the utility.
Unit Component Charge
Billed Charge
(including PILOT)
Per kWh $0.025 $0.0175 $0.019
(e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this
Subsection (e) may be added to the above charges for service to intermittent loads in accordance
with the provisions of the Electric Service Standards.
Unit Component Charge
Billed Charge
(including PILOT)
Per kW $2.21 $2.32 $2.46
. . .
(q) Net metering.
. . .
(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 from the utility consumed by the customer-generator shall be billed at
the applicable rate as outlined in Subsection (c) of this Section. The energy produced by
the customer-generator shall be credited to the customer monthly as follows:
Packet Pg. 185
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Description Unit Component Credit
a. Energy credit for billings based on generation
during the months of June, July and August, and
September
Per kWh $0.0461 $0.0414
(r) Net metering—community solar projects.
. . .
(3) Both the customer's consumption of energy from the utility and interest in the
production of energy that flows into the utilities' distribution system shall be measured
on a monthly basis. The energy from Fort Collins Utilities consumed 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 monthly as follows:
Description Unit
Component
Credit
a. Distribution facilities credit Per kWh $0.0137
ba. Energy and demand credit Per kWh $0.0461 $0.0414
Section 6. That Sections 26-467 (c), (d), (e), (f) and (r) 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 shall be the sum of the following
charges:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
1.Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this Section
6 percent
12. Fixed Charge
a. Single-phase, two-hundred-ampere service Per account $4.23 $4.99 $5.29
b. Single-phase, above two-hundred-ampere
service
Per account
$12.48
$14.71
$15.60
c. Three-phase, two-hundred-ampere service Per account $6.45 $7.60 $8.06
d. Three-phase, above two-hundred-ampere service Per account
$15.27
$18.00
$19.08
Packet Pg. 186
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3. Distribution facilities charge (applied to energy
charges in 5. below)
Per kWh $0.0257
24. Demand charge
a. Summer. For billings based on meter readings
in the months of June, July, and August, and
September
Per kW $8.48 $9.69
$10.27
b. Non-summer. For billings based on meter
readings in the months of January through May
and September October through December
Per kW $4.86 $5.53
$5.86
c. The meter reading date shall generally
determine the summer season billing months;
however, no customer shall be billed more than
three (3) four (4) full billing cycles at the summer
rate
3. Distribution facilities charge Per kWh $0.0275
45. Energy charge
a. Summer. For billings based on meter readings
in the months of June, July, and August, and
September
Per kWh
$0.0461
$0.0414
$0.0711
b. Non-summer. For billings based on meter
readings in the months of January through May
and September October through December
Per kWh
$0.0443
$0.0414
$0.0711
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. Payment in lieu of taxes (PILOT) and
franchise.
A charge based on all monthly service charges
billed pursuant to this Section
6 percent
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (d). The utility may establish and
offer voluntary programs designed to increase and enhance the use of energy generated by
renewable energy resources in support of Council-adopted policy applicable to the utility.
Unit Component Charge
Billed Charge
(including PILOT)
Per kWh $0.025 $0.0175 $0.019
Packet Pg. 187
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(e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection
(e) may be added to the above charges for service to intermittent loads in accordance with the
provisions of the Electric Service Standards.
Unit Component Charge
Billed Charge
(including PILOT)
Per kW $2.21 $2.32 $2.46
(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) Monthly standby distribution charge
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted standby service, this charge shall be in
lieu of the distribution facilities charge
Per kW $4.05 $4.25 $4.51
For all metered kilowatts in excess of the
contracted amount
Per kW
$12.16
$12.77
$13.53
. . .
(r) Net metering .
. . .
(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 from the utility consumed by the customer-generator shall be billed at
the applicable rate as outlined in Subsection (c) of this Section. The energy produced by
the customer-generator shall be credited to the customer monthly as follows:
Description Unit Bill Credit
a. Energy credit for billings based on generation during the months of
June, July and August, and September
Per kWh
$0.0461
$0.0414
Section 7. That Sections 26-468 (c), (d) through (g), and (u) of the Code of the City
of Fort Collins are hereby amended to read as follows:
Sec. 26-468. - General service 50, schedule GS50.
Packet Pg. 188
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. . .
(c) Monthly rate. The monthly rates for this schedule shall be the sum of the following
charges:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
(1) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this Section
6 percent
(12). Fixed Charge Per account
$10.70
$12.62
$13.37
An additional charge may be assessed if telephone
communication service is not provided by the
customer
Per account $47.16
(23) Coincident demand charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and September
Per kW
$12.15
$13.68
$14.50
b. Non-summer. For billings based on meter readings
in the months of January through May and September
October through December
Per kW $9.26 $10.39
$11.01
c. The meter reading date shall generally determine
the summer season billing months; however, no
customer shall be billed more than three (3) four (4)
full billing cycles at the summer rate
(34) Distribution facilities charge Per kW $7.37 $8.69 $9.21
(45) Energy charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and September
Per kWh
$0.0461
$0.0414
$0.0439
b. Non-summer. For billings based on meter readings
in the months of January through May and September
October through December
Per kWh
$0.0443
$0.0414
$0.0439
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) Payment in lieu of taxes (PILOT) and franchise
A charge based on all monthly service charges billed
6 percent
-22-
pursuant to this Section
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (d). The utility may establish and
offer voluntary programs designed to increase and enhance the use of energy generated by
renewable energy resources in support of Council-adopted policy applicable to the utility.
Unit
Component
Charge
Billed Charge
(including
PILOT)
Per kWh $0.025 $0.0175 $0.019
(e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this
Subsection (e) may be added to the above charges for service to intermittent loads in
accordance with the provisions of the Electric Service Standards.
Unit
Component
Charge
Billed Charge
(including
PILOT)
Per kW $2.21 $2.32 $2.46
(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. Monthly standby distribution charge shall be the sum of the following charges:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted standby service, this charge shall be in lieu
of the distribution facilities charge
Per kW $5.20 $5.46 $5.79
For all metered kilowatts in excess of the contracted
amount
Per kW
$15.61
$15.92
$16.87
. . .
(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
Packet Pg. 190
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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) Monthly charge shall be the sum of the following charges:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted backup capacity per month Per kW $1.06 $1.11 $1.18
Metered kilowatts in excess of the contracted amount Per kW $3.20 $3.36 $3.56
. . .
(u) Net metering.
. . .
(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 from the utility consumed by the customer-generator shall be billed at
the applicable rate as outlined in Subsection (c) of this Section. The energy produced by
the customer-generator shall be credited to the customer monthly as follows:
Description Unit Bill Credit
a. Energy credit for billings based on generation during the months of
June, July, and August and September
Per kWh
$0.0461
$0.0414
Section 8. That Sections 26-469 (c), (d) through (g) and (v) 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 shall be the sum of the following
charges:
Packet Pg. 191
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Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
(1) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this Section
6 percent
(12) Fixed Charge Per account
$20.77
$24.49
$25.96
a. Additional charge for each additional metering
point
Per account
$12.67
$14.94
$15.83
b. An additional charge may be assessed if
telephone communication service is not provided
by the customer
Per account $53.39
(23) Coincident demand charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and
September
Per kW
$11.97
$13.47
$14.28
b. Non-summer. For billings based on meter
readings in the months of January through May and
September October through December
Per kW $9.13 $10.23
$10.84
c. The meter reading date shall generally determine
the summer season billing months; however, no
customer shall be billed more than three (3) four (4)
full billing cycles at the summer rate
(34) Distribution facilities charge
a. First seven hundred fifty (750) kilowatts Per kW $8.01 $9.44 $10.01
b. All additional kilowatts Per kW $4.73 $5.58 $5.91
(45) Energy charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and
September
Per kWh
$0.0454
$0.0407
$0.0431
b. Non-summer. For billings based on meter
readings in the months of January through May and
September October through December
Per kWh
$0.0436
$0.0407
$0.0431
-25-
(5) Payment in lieu of taxes (PILOT) and franchise
A charge based on all monthly service charges
billed pursuant to this Section
6 percent
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at the
premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer
voluntary programs designed to increase and enhance the use of energy generated by
renewable energy resources in support of Council-adopted policy applicable to the utility.
Unit
Component
Charge
Billed
Charge
(including
PILOT)
Per kWh
$0.025
$0.0175
$0.019
(e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this
Subsection (e) may be added to the above charges for service to intermittent loads in
accordance with the provisions of the Electric Service Standards.
Unit
Component
Charge
Billed
Charge
(including
PILOT)
Per kW $2.21 $2.32 $2.46
(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. Monthly standby distribution charges shall be paid in the following amounts
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted standby service, this charge shall be in lieu
of the distribution facilities charge.
Per kW $3.59 $3.77 $4.00
For all metered kilowatts in excess of the contracted Per kW $10.80 $12.02
Packet Pg. 193
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amount $11.34
. . .
(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 at the following rates:
(1) Monthly charge.
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted backup capacity per month Per kW $0.74 $0.78 $0.82
Metered kilowatts in excess of the contracted amount Per kW $2.22 $2.33 $2.47
. . .
(v) Net metering.
. . .
(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 rate as outlined in Subsection (c) of this Section. The energy produced by
the customer-generator shall be credited to the customer monthly as follows:
Description Unit Bill Credit
a. Energy credit for billings based on generation during the months of
June, July and August, and September
Per kWh
$0.0454
$0.0407
Section 9. That Sections 26-470 (c), (d), (e), and (s) of the Code of the City of Fort
Collins are hereby amended to read as follows:
Sec. 26-470. - Substation service, schedule SS.
. . .
(c) Monthly rate. The monthly rates for this schedule shall be the sum of the following
charges:
Description Unit Component Billed
Packet Pg. 194
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Charge Charge
(including
PILOT)
(1) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all component charges pursuant to this Section.
6 percent
(12) Fixed Charge Per account
$49.36
$58.20
$61.69
(23) Coincident demand charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and September
Per kW
$11.79
$13.27
$14.07
b. Non-summer. For billings based on meter
readings in the months of January through May and
September October through December
Per kW $8.99 $10.08
$10.68
c. The meter reading date shall generally determine
the summer season billing months; however, no
customer shall be billed more than three (3) four (4)
full billing cycles at the summer rate
(34) Distribution facilities charge Per kW $4.00 $4.72 $5.00
(45) Energy charge
a. Summer. For billings based on meter readings in
the months of June, July, and August, and September
Per kWh
$0.0448
$0.0401
$0.0425
b. Non-summer. For billings based on meter
readings in the months of January through May and
September October through December
Per kWh
$0.0428
$0.0401
$0.0425
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) Payment in lieu of taxes (PILOT) and franchise.
A charge based on all monthly service charges billed pursuant to
this Section
6 percent
(d) Renewable resource. Renewable energy resources, including, but not limited to, energy
generated by the power of wind, may be offered on a voluntary basis to customers at a
premium per kilowatt hour. The utility may establish and offer voluntary programs designed
to increase and enhance the use of energy generated by renewable energy resources in
support of Council-adopted policy applicable to the utility.
Packet Pg. 195
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Unit
Component
Charge
Billed
Charge
(including
PILOT)
Per kWh
$0.025
$0.0175
$0.019
(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 at the following rates:
(1) Standby distribution charge.
a. Monthly standby distribution charge:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
Contracted standby service, this charge shall be in
lieu of the distribution facilities charge.
Per kW $2.68 $2.81 $2.98
For all metered kilowatts in excess of the contracted
amount
Per kW $8.03 $8.43 $8.94
. . .
(s) Net metering.
...
(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 rate as outlined in Subsection (c) of this Section. The energy produced by
the customer-generator shall be credited to the customer monthly as follows:
Description Unit
Bill
Credit
a. Energy credit for billings based on generation during the months of
June, July and August, and September
Per
kWh
$0.0448
$0.0401
Section 10. That Section 26-471 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Packet Pg. 196
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Sec. 26-471. - Special area floodlighting, schedule FL.
. . .
(b) Monthly rate. The monthly rates (including a six (6) percent charge in lieu of taxes and
franchise) are as follows:
(1) Charge per lamp, mercury vapor:
Description
Component
Charge
Billed Charge
(including
PILOT)
a. One hundred seventy-five (175) watt $17.78 $18.67 $19.79
b. Two hundred fifty (250) watt $20.94 $21.99 $23.31
c. Four hundred (400) watt $27.45 $28.82 $30.55
(2) Charge per lamp, high-pressure sodium:
Description
Component
Charge
Billed Charge
(including
PILOT)
a. Seventy (70) watt $7.51 $7.89 $8.36
b. One hundred (100) watt $10.63 $11.16 $11.83
c. One hundred fifty (150) watt $16.81 $17.65 $18.71
d. Two hundred fifty (250) watt $21.43 $22.50 $23.85
e. Four hundred (400) watt $28.31 $29.73 $31.51
(3) Charge per lamp, LED:
Description
Component
Charge
Billed Charge
(including
PILOT)
a. Fifty-four (54) watt $7.37 $7.74 $8.20
b. Seventy-two (72) watt $8.57 $9.00 $9.54
Section 11. That Section 26-472 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-472. - Traffic signal service, schedule T.
Packet Pg. 197
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. . .
(c) Monthly rate. The monthly rates (including a six (6) percent charge in lieu of taxes and
franchise) shall be the sum of the following charges:
Description Unit
Component
Charge
Billed
Charge
(including
PILOT)
(1) Fixed charge Per account $76.82 $80.66 $85.50
(2) Energy charge Per kWh
$0.0714
$0.0750
$0.0795
(3) Service extensions and signal installations
made by the utility shall be paid for by the City
General Fund, subject to material and
installation costs at the time of installation
Section 12. That the modifications set forth above shall be effective for all energy
consumption on or after January 1, 2020.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 198
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ORDINANCE NO. 126, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO REVISE WATER RATES, FEES, AND
CHARGES AND UPDATING RELATED PROVISIONS
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time 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 as set forth
therein; and
WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services set forth
herein shall be used to defray the costs of providing such utility services as required by the
Charter and the City Code; and
WHEREAS, Article III, Chapter 26 of the City Code establishes the water utility as a
utility service furnished by and an enterprise of the City; and
WHEREAS, City Code Sections 26-126 and 26-127 concern various water-related rates,
fees, and charges; and
WHEREAS, City Code Section 26-118 requires that the City Manager analyze the
operating and financial records of the utility during each calendar year and recommend to the
City Council user rates or adjustments to be in effect for the following year; and
WHEREAS, the City Manager and City staff have recommended to the City Council
adjustment of the water-related rates, fees, and charges as set forth herein to be effective January
1, 2020; and
WHEREAS, this Ordinance does not increase water rates for the fund as a whole,
although there are variations for individual customer rates classes based on recent cost-of-service
model updates;
WHEREAS, the Water Board considered the proposed water-related rates, fees, and
charges adjustments for 2019 at its meeting on September 19th, 2019, and recommended
approval of the proposed adjustments by a unanimous vote; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth
herein.
Packet Pg. 199
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. 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 (PILOT). 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 3. That Section 26-126 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-126. - Schedule A, flat rates for unmetered construction water use.
For residential and nonresidential premises under construction with a planned meter size greater
than one (1) inch, no flat unmetered water service will be provided. For residential and
nonresidential premises under construction with a planned meter size of one (1) inch or less, the
following flat rates will apply per month until the permanent meter is set:
Category
Component
Charge
Billed Charge
(with PILOT)
¾-inch construction service, flat charge per month $29.44 $29.56 $31.33
1-inch construction service, flat charge per month $56.14 $56.36 $59.75
Section 3. That Section 26-127 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-127. - Schedule B, meter rates.
(a) Residential rates.
(1) Residential customers with one (1) dwelling unit shall pay the sum of the following
changes:
Packet Pg. 200
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Category
Component
Charge
Billed
Charge (with
PILOT)
a. Base monthly charge for residential customers with one (1)
dwelling unit
$16.86 $16.93
$17.94
b. Quantity monthly charge for residential customers with one
(1) dwelling unit (volumetric)
Tier 1 - For the first seven thousand (7,000) gallons used per
month, per one thousand (1,000) gallons
$2.611 $2.621
$2.779
Tier 2 - For the next six thousand (6,000) gallons used per
month, per one thousand (1,000) gallons
$3.000 $3.012
$3.193
Tier 3 - For all additional gallons used per month, per one
thousand (1,000) gallons
$3.451 $3.465
$3.673
c. Income-qualified assistance discount. Discount applied to
monthly base and Tier 1 volumetric charges for IQAP
participating residential customers in properties with one (1)
dwelling unit, as further described in Section 26-724 of the
Code.
23 percent
(2) Residential customers with two (2) dwelling units shall pay the sum of the following
charges:
Category
Component
Charge
Billed Charge
(with PILOT)
a. Base monthly charge for residential customers with two (2)
dwelling units
$17.74 $17.88
$18.95
b. Quantity monthly charge for residential customers with
two (2) dwelling units (volumetric)
Tier 1 - For the first nine thousand (9,000) gallons used per
month, per one thousand (1,000) gallons
$2.253 $2.271
$2.407
Tier 2 - For the next four thousand (4,000) gallons used per
month, per one thousand (1,000) gallons
$2.589 $2.610
$2.766
Tier 3 - For all additional gallons used per month, per one
thousand (1,000) gallons
$2.979 $3.003
$3.183
c. Income-qualified assistance discount. Discount applied to
monthly base and Tier 1 volumetric charges for IQAP
participating residential customers in properties with two (2)
dwelling units, as further described in Section 26-724 of the
-4-
(3) Residential customers with more than two (2) dwelling units shall pay the sum of the
following charges:
Category
Component
Charge
Billed Charge
(with PILOT)
a. Base monthly charge for residential customers with more
than two (2) dwelling units
First dwelling unit $12.75 $12.86 $13.64
Second and each additional dwelling unit $4.24 $4.28 $4.53
b. Quantity monthly charge for residential customers with
more than two (2) dwelling units (volumetric)
Winter - per one thousand (1,000) gallons used in the winter
season months of November through April
$1.853 $1.870
$1.982
Summer - per one thousand (1,000) gallons used in the
summer season months of May through October
$2.316 $2.337
$2.477
The meter reading date shall generally determine the seasonal
monthly quantity charge; however, no customer shall be
billed more than six (6) full billing cycles at the summer
quantity charge.
c. Income-qualified assistance discount. A discount applied
to the monthly base and volumetric charges above for IQAP
participating residential customers in properties with more
than two (2) dwelling units who hold water and wastewater
service accounts in their own names, subject to Section 26-
724 of the Code.
23 percent
(b) Nonresidential rates.
(1) Base charge. Nonresidential, except for special users as described in Subsection 26-
127(c) below, customers shall pay a base monthly charge based on meter size as
follows:
Meter Size (inches)
Monthly Base
Charge
Billed Charge (with
PILOT)
¾ $15.26 $15.06 $15.97
1 $42.57 $42.02 $44.54
1½ $115.75 $114.25 $121.10
2 $174.44 $172.17 $182.50
3 $266.06 $262.60 $278.36
Packet Pg. 202
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4 $417.69 $412.26 $437.00
6 $810.27 $799.74 $847.72
8 $1,431.42$1,412.81 $1,497.58
(2) Quantity charges. Nonresidential customers shall pay monthly charges as follows:
Category
Component
Charge
Billed Charge
(with PILOT)
Winter - per one thousand (1,000) gallons used in the winter
season months of November through April
$2.123 $2.095
$2.221
Summer - per one thousand (1,000) gallons used in the
summer season months of May through October
$2.653 $2.619
$2.776
The meter reading date shall generally determine the
seasonal monthly quantity charge; however, no customer
shall be billed more than six (6) full billing cycles at the
summer quantity charge.
(3) Charges for excess use. Nonresidential customers shall also pay monthly water use
charges in excess of the amounts specified in the following table:
Category
Component
Charge
Billed Charge
(with PILOT)
Winter - per one thousand (1,000) gallons used in the winter
season months of November through April
$3.050 $3.010
$3.191
Summer - per one thousand (1,000) gallons used in the
summer season months of May through October
$3.815 $3.765
$3.991
The meter reading date shall generally determine the seasonal
monthly quantity charge; however, no customer shall be
billed more than six (6) full billing cycles at the summer
quantity charge.
. . .
(c) High volume industrial rates. High volume industrial rates apply to any customer with an
average daily demand in excess of two million (2,000,000) gallons per day. The specific rate
for any qualifying customer shall be based upon the applicable peaking factor for that
customer as follows:
Peaking Factor
Monthly Charge per
Thousand Gallons
Billed Charge (with
Packet Pg. 203
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PILOT)
1.00—1.09 $1.66 $1.64 $1.74
1.10—1.19 $1.72 $1.70 $1.80
1.20—1.29 $1.78 $1.76 $1.86
1.30—1.39 $1.83 $1.81 $1.91
1.40—1.49 $1.89 $1.87 $1.98
1.50—1.59 $1.94 $1.91 $2.03
1.60—1.69 $2.00 $1.97 $2.09
1.70—1.79 $2.06 $2.03 $2.16
1.80—1.89 $2.11 $2.08 $2.21
1.90—1.99 $2.18 $2.15 $2.28
> 2.00 $2.23 $2.20 $2.33
(d) Service outside the City. The monthly charge for water taken through a meter by a user
outside the City limits shall be the same as for like service within the City limits as specified
in Subsections (a) and (b) of this Section.
(e) Rates by special water services agreement. The rate structure and associated charges for
water service pursuant to a special water services agreement approved by the City Council
pursuant to Section 26-130 shall be as set forth in said agreement.
Section 4. That the modifications set forth above shall be effective for meter readings
on or after January 1, 2020, and in the case of fees not based on meter readings, shall be effective
for all fees paid on or after January 1, 2020.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 204
-7-
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 205
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ORDINANCE NO. 127, 2019
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
Charter of the City of Fort Collins, to by ordinance from time to time 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 as set forth
therein; and
WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services set forth
herein shall be used to defray the costs of providing such utility services as required by the
Charter and the City Code; and
WHEREAS, Article IV, Chapter 26 of the City Code establishes the wastewater utility as
a utility service furnished by and an enterprise of the City; and
WHEREAS, City Code Sections 26-280 and 26-282 concern various wastewater-related
rates, fees, and charges; and
WHEREAS, City Code Section 26-277 requires that the City Manager analyze the
operating and financial records of the utility during each calendar year and recommend to the
City Council user rates or adjustments to be in effect for the following year; and
WHEREAS, the City Manager and City staff have recommended to the City Council
adjustment of the wastewater-related rates, fees, and charges as set forth herein to be effective
January 1, 2020; and
WHEREAS, this Ordinance does not increase wastewater rates for the fund as a whole,
although there are variations for individual customer rates classes based on recent cost-of-service
model updates; and
WHEREAS, the Water Board considered the proposed wastewater-related rates, fees, and
charges adjustments for 2020 at its meeting on September 19, 2019, and recommended approval
of the proposed adjustments by a unanimous vote; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth
herein.
Packet Pg. 206
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. 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 (PILOT). 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.
Section 3. 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 Component
Charge
Billed
Charge
(with
PILOT)
A
Single-family
residential user (flat
rate)
Per month $40.05$39.81 $42.20
Single-family
residential user
(metered water use)
1. Per month (base) $17.90$17.79 $18.86
2. Plus, per 1,000 gallons per month
(volumetric)
$3.477$3.456
$3.664
3. Income-qualified assistance discount.
Discount applied to monthly base and volumetric
charges for IQAP participating residential
23 percent
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customers, as further described in Section 26-
724 of the Code.
Note:
1. For single family customers who have not yet established a
winter quarter water use at the service address, a system
average of 4,000 gallons per month shall be billed.
2. After establishment of a winter quarter water use at the
service address, the monthly amount billed shall be based on a
minimum of 3,000 gallons per month.
B
Duplex (two-family)
residential users (flat
rate)
1. Per month (base)
$55.41
$55.47
$58.79
2. Income-qualified assistance discount.
Discount applied to monthly base charge for
IQAP participating residential customers, as
further described in Section 26-724 of the Code.
23 percent
Duplex (two-family)
residential users
(metered water use)
1. Per month (base)
$20.52
$20.54
$21.77
2. Plus, per 1,000 gallons per month, to be
calculated on a monthly basis (volumetric)
$3.081
$3.084
$3.269
3. Income-qualified assistance discount.
Discount applied to monthly base and volumetric
charges for IQAP participating residential
customers, as further described in Section 26-
724 of the Code.
23 percent
Note:
1. For duplex customers who have not yet established a winter quarter
water use at the service address, a system average 6,200 gallons shall be
billed.
2. After establishment of a winter quarter use at the service address, the
monthly amount billed shall be based on a minimum of 4,000 gallons per
month.
Packet Pg. 208
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C
Multi-family
residential user (more
than two dwelling
units including mobile
home parks) and
winter quarter based
nonresidential user
1. Base charge per month per dwelling unit
served (base)
$2.75 $2.79
$2.96
2. Plus, per 1,000 gallons per month
(volumetric)
$3.498
$3.547
$3.760
3. Income-qualified assistance discount.
Discount applied to monthly base and volumetric
charges for IQAP participating residential
customers in properties with more than two (2)
dwelling units who hold water and wastewater
service accounts in their own names, subject to
Section 26-724 of the Code.
23 percent
Note:
1. For multi-family customers who have not yet established a winter quarter
water use at the service address, a system average of 3,200 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.
2. After establishment of a water quarter use at the service address, the
monthly amount billed shall be per 1,000 gallons of winter quarter water
use, calculated on a monthly basis.
D
Minor nonresidential
user
1. Per 1,000 gallons of water use, measured
sewage flow or winter quarter water use,
whichever is applicable, to be calculated on a
monthly basis, plus the following applicable
base charge:
$3.293
$3.342
$3.543
2. Size of water meter (inches) Base charge
¾ or smaller $9.50 $9.64 $10.22
1
$21.93
$22.26
$23.59
1½
$44.14
$44.80
$47.49
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2
$75.53
$76.66
$81.26
3
$120.69
$122.50
$129.85
4
$190.60
$193.46
$205.07
6
$835.55
$848.08
$898.97
8
$964.76
$979.23
$1,037.99
E and F
Intermediate
nonresidential user and
Significant industrial
user
User shall pay an amount calculated to include:
1. Rate per 1,000 gallons of water use, measured
wastewater flow or winter quarter water use per
month, whichever is applicable;
$3.293
$3.342
$3.543
2. PLUS a surcharge per million gallons for
each milligram per liter of suspended solids in
excess of 235 milligrams per liter;
$3.830
$3.887
$4.121
3. PLUS a surcharge for the following:
a. per million gallons for each milligram per
liter of BOD in excess of 265 milligrams per
liter; or
$3.191
$3.239
$3.433
b. per million gallons for each milligram per
liter of COD in excess of 400 milligrams per
liter; or
$2.014
$2.044
$2.167
c. per million gallons for each milligram per
liter of TOC in excess of 130 milligrams per
liter,
$5.963
$6.052
$6.416
whichever is applicable.
The user shall pay the calculated amount based
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on 1, 2 and 3 above, plus the applicable base
charge set forth below:
Size of water meter
(inches)
Base charge
¾ or smaller $9.50 $9.64 $10.22
1
$21.93
$22.26
$23.59
1½
$44.14
$44.80
$47.49
2
$75.53
$76.66
$81.26
3
$120.69
$122.50
$129.85
4
$190.60
$193.46
$205.07
6
$835.55
$848.08
$898.97
8
$964.76
$979.23
$1,037.99
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.
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Section 4. That Section 26-282(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-282. - Wastewater strength or industrial surcharges and categories established.
(a) A monthly wastewater strength surcharge shall be paid by customers located either inside or
outside the City limits in accordance with the following schedule:
Parameter Excess over (mg/l)
Rate per thousand
gallons
Billed Charge (with PILOT)
BOD 355 $0.003452 $0.003504 $0.003714
COD 540 $0.002269 $0.002303 $0.002441
TOC 170 $0.007208 $0.007316 $0.007755
TSS 365 $0.003474 $0.003526 $0.003738
. . .
Section 5. That the modifications set forth above shall be effective for meter readings
on or after January 1, 2020, and in the case of fees not based on meter readings, shall be effective
for all fees paid on or after January 1, 2020.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
ATTEST: Mayor
_______________________________
City Clerk
Packet Pg. 212
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ORDINANCE NO. 128, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO REVISE STORMWATER RATES, FEES, AND CHARGES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
City Charter, to by ordinance from time to time 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 as set forth therein; and
WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services set forth
herein shall be used to defray the costs of providing such utility services as required by the
Charter and the City Code; and
WHEREAS, Article VII, Chapter 26 of the City Code establishes the stormwater utility
as a utility service furnished by and an enterprise of the City; and
WHEREAS, City Council has adopted stormwater basin and citywide master plans
recommending stormwater facilities necessary to provide for proper drainage and control of
flood and surface waters within Fort Collins; and
WHEREAS, in 1998, City Council adopted Ordinance No. 168, 1998, determining that
all lands within the city benefit by the installation of such stormwater facilities; and
WHEREAS, City Code Section 26-513 imposes stormwater utility fees on all parcels of
land within the city to pay for the operation, maintenance, administration and routine functions
of the existing and future City stormwater facilities established within the city; and
WHEREAS, City Code Section 26-514 sets forth the manner in which stormwater utility
fees are to be determined; and
WHEREAS, the proposed stormwater utility fee adjustment reflects an increase of 2.0%;
and
WHEREAS, the Water Board considered the proposed stormwater utility fee adjustments
at its meeting on September 19th, and recommended approval of the proposed adjustments; and
WHEREAS, pursuant to City Code Section 26-511, the City Manager recommends the
proposed stormwater utility fee for 2020; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the scope and rate of the stormwater utility fee as set forth herein.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-514(a)(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-514. - Determination of stormwater utility fee.
(a) The stormwater utility fee shall be determined as set forth in this Section and shall be
based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel.
For the purposes of this Section, the total lot or parcel area shall include both the actual square
footage of the lot or parcel and the square footage of open space and common areas allocated to
such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover
the costs of both operations and maintenance and a portion of capital improvements. The
Utilities Executive Director shall determine the rates that shall apply to each specific lot or parcel
of land within the guidelines herein set forth and shall establish the utility fee in accordance with
the rate together with the other factors set forth as follows:
. . .
(3) The base rate for the stormwater utility fee shall be $0.00444 $0.00453 per square
foot per month for all areas of the City.
. . .
Section 3. That the modifications set forth above shall be effective for all fees
accruing on or after January 1, 2020.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 215
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY October 15, 2019
City Council
STAFF
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 129, 2019, Being the Annual Appropriation Ordinance Relating to the Annual
Appropriations for the Fiscal Year 2020; Amending the Budget for the Fiscal Year Beginning January 1, 2020
and Ending December 31, 2020; and Fixing the Mill Levy for Property Taxes Payable in 2020.
EXECUTIVE SUMMARY
The purpose of this item is to amend the adopted 2020 Budget. This Ordinance sets the amount of
$632,403,387 to be appropriated for fiscal year 2020. This appropriated amount does not include what is also
being appropriated by separate Council/Board of Director actions to adopt the 2020 budgets for the General
Improvement District (GID) No. 1 of $352,000, the 2020 budget for GID No. 15 (Skyview) of $1,000, the Urban
Renewal Authority (URA) 2020 budget of $5,952,249 and the Downtown Development Authority 2020 budget
of $19,534,122. The sum of these ordinances results in City-related total appropriations of $658,242,758 in
2020. This Ordinance also sets the 2020 City mill levy at 9.797 mills, unchanged since 1991.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council previously adopted the 2019-2020 Biennial Budget and appropriated monies for expenditure in
fiscal year 2019. State statutes and the City Charter both require an annual appropriation to cover expenses
for the ensuing year (2020) based upon the adopted budget. The Second Reading must occur before the last
day of November and is currently scheduled for November 5, 2019.
The Net City Budget, as amended, is broken down as follows:
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Agenda Item 12
Item # 12 Page 2
Original Revised
2020 2020 Change
Operating $609.2 $615.7 6.5
Debt 14.9 14.6 (0.3)
Capital 27.4 28.0 0.5
Total City Appropriations* $651.6 $658.2 $6.6
Less
Internal Service Funds ($85.6) ($85.2) 0.4
Transfers to Other Funds (51.5) (52.8) (1.3)
GIDs (0.2) (0.4) (0.2)
URAs (6.0) (6.0) 0.0
DDA (14.5) (19.5) (5.0)
Total ($157.7) ($163.8) ($6.1)
Net City Budget $493.9 $494.4 $0.5
* Includes GID #1, GID #15, URA and DDA all of which are appropriated in separate ordinances
TOTAL BUDGET (in millions)
This Ordinance also sets the 2020 City mill levy at 9.797 mills, unchanged since 1991.
2020 Revenue Update
Overall, most significant City revenues are coming in at, or above, the 2019 budget except for Sales Tax.
Although total revenue for 2019 is on track to support 2019 expenses, the 2019 Sales Tax base, upon which
2020 growth is calculated, is now expected to be lower than budget. Based on 2019 YTD sales tax growth of
2.1% and increasing talk of a possible recession, the growth of 2020 Sales Tax is now conservatively being
estimated at 1.5%, compared to 3.0% in the 2020 Budget.
Thus, it is necessary for the City to reduce ongoing expenses in 2020 to align with the reduced forecast for
2020 Sales Tax revenue. The decreased forecast for Sales Tax revenue primarily impacts the General Fund
and Keep Fort Collins Great (KFCG) Fund; but also impacts the funds associated with the three dedicated
quarter-cent sales tax initiatives (Street maintenance, Natural Areas and CCIP). The total reduction of
anticipated revenue from Sales Tax in 2020 is about $1.8M, with the General Fund portion being just under
$1.1M.
Fund balances are also strong with non-restricted reserves available to fund one-time expenses. The $2.2M
contingency reserve in the General Fund remains untouched. Overall, modest revenue growth is still
forecasted for 2020.
Recommended 2020 Ongoing Expense Reductions
There are a few different opportunities that helped align ongoing expenses to the reduced Sales Tax revenue
projections. First, there is the interest rate favorability associated with the debt offering for the Police Regional
Training Facility and the I-25/Prospect Interchange projects in the amount of $350k in the General Fund.
Second, there is ongoing fuel and maintenance savings within Transfort which will reduce the contribution from
the General Fund by $200k. And third, significant underspend and rising reserve balances in the Benefits Fund
allows for the ongoing expense reduction to departments based on reduced contributions to the Benefits Fund.
This third opportunity reduced the 2020 appropriation in most City funds and equates to just over $1.2M
savings in the General Fund.
Additionally, some funds had residual, unused ongoing revenue in 2020 that can be applied to offset
expenses. Lastly, 2018 fund balances are available in some funds to offset one-time expenses. These
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Agenda Item 12
Item # 12 Page 3
changes to revenue and available reserves are summarized in the table below. The ‘Subtotal of Funding
Changes’ line at the bottom of Table #1 indicates the estimated Sales Tax shortfalls are covered and displays
the amount of funding available by fund for the 2020 Revision requests.
Table #1 - Summary of 2020 Revenue Changes and Available Reserves (values in $k)
Description
General
Fund -
Ongoing
General
Fund -
1-Time
Capital
Expan-
sion KFCG CCIP
Natural
Areas
Trans-
porta-
tion Water
Wastew
ater
Storm-
water
Self
Insur-
ance
Broad-
band
Summary of Funding Changes
- Reduced 2020 Sales Tax (ongoing) ($1,052) ($397) ($117) ($117) ($117)
- Debt service favorability (ongoing) 350
- Fuel Savings (ongoing) 200
- Benefits Fund (ongoing) 1,224
- Unused 2020 Ongoing Revenue 70 398 15 5,300 1,700 165 195
- New Broadband PILOT Revenue 195
- Available Reserves 2,700 11,100 2,400 2,700 1,900 8,300
- Less: 2019 Reappropriation (1-Time) (340) (28) (584)
- Less: 2019 Supplementals (1-Time) (62) (20)
Subtotal of Funding Changes 987 2,298 11,100 1,975 2,583 281 1,194 5,300 1,700 8,300 165 195
The revenue and reserves shown in Table #1 above are available to fund the recommended additions to the
2020 Budget. Table #2 below summarizes those proposed additions per the City Council work sessions on
September 10 and 24.
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Agenda Item 12
Item # 12 Page 4
Table #2 - Summary of 2020 Recommended Additions:
Fund / Revision Requested FTE Ongoing $ One-Time $ Total
General Fund
Developing Equity Gaps Analysis, Indicators, and Principles - - 120,000 120,000
East Mulberry Corridor Plan Update and Annexation Assessment - - 175,000 175,000
Park Improvement Project Support - - 50,000 50,000
Continued Voluntary Compliance Support for Outdoor Residential Wood Burning - 0.25 FTE 0.25 18,638 - 18,638
Chief Privacy Officer with Records Management Responsibility (start date of 1 Mar 2020) 1.00 93,750 17,962 111,712
Ongoing Agreements from 2018 Collective Bargaining - 585,000 - 585,000
Sales Tax Technician - 1 FTE 1.00 50,585 - 50,585
Affordable Housing Impact Fee Study - - 75,000 75,000
Connexion Digital Equity Program - 195,000 - 195,000
Mobile Home Park Neighborhood Improvement and Community Building Grant Fund - - 50,000 50,000
Mobile Home Park Public Engagement and Owner-Renter Handbook - - 10,200 10,200
Childcare Access and Affordability Funding - - 25,000 25,000
Reduce Plastic Pollution-Outreach and Data Collection - - 35,000 35,000
Effective, Innovative and High Performing Board - - 30,000 30,000
Total General Fund 2.25 942,973 588,162 1,531,135
Capital Expansion Fund (General Government)
New Block 32 Parking Structure Design - - 1,515,000 1,515,000
Block 32 & 42 Plan Refresh - - 300,000 300,000
Total Capital Expansion Fund - $0 $1,815,000 $1,815,000
Self Insurance Fund
Security Specialist - 1.0 FTE 1.00 113,400 - 113,400
Total Self Insurance Fund 1.00 $113,400 $0 $113,400
Water/Wastewater Funds
Evaluation of Microplastics and Impact on River Health - - 35,000 35,000
Emerging Contaminants-Public Education and Outreach to Protect River Health - - 15,000 15,000
Urban Lakes Water Quality Management Policy & Guidance Development - - 100,000 100,000
Total Water/Wastewater Funds - $0 $150,000 $150,000
Stormwater Fund
Northeast College Corridor Outfall A4 (Lemay) Stormwater Lateral Design and Construction - - 959,500 959,500
Total Stormwater Fund - $0 $959,500 $959,500
Broadband Fund
Connexion Digital Equity Program - PILOT to the General Fund - 195,000 - 195,000
Total Broadband Fund - $195,000 $0 $195,000
TOTAL ALL FUNDS 3.25 $1,251,373 $3,512,662 $4,764,035
Table #3 below summarizes the available funding (displayed at the bottom of Table #1 above). The 2020
Budget Revision Offers are then summarized into ongoing/one-time expenses and then subtracted from the
available funding. In all cases, there is enough available funding to support the proposed 2020 Budget
Revision Offers. Additionally, fund balances remain strong and well above minimum fund balance
requirements.
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Agenda Item 12
Item # 12 Page 5
Table #3 - Available Revenue and Reserves net of the additional 2020 Revisions (Values in $k)
Description
General
Fund -
Ongoing
General
Fund -
1-Time
Capital
Expan-
sion Water
Wastew
ater
Storm-
water
Self
Insur-
ance
Broad-
band TOTAL
Available Revenue and Reserves 987 2,298 11,100 5,300 1,700 8,300 165 195 36,078
2020 Budget Revision Requests
Ongoing Requests (943) (113) (195) (1,251)
One-Time Requests (588) (1,815) (75) (75) (960) (3,513)
Total of 2020 Revisions (943) (588) (1,815) (75) (75) (960) (113) (195) (4,764)
Net Impact (positive = available) $44 $1,710 $9,285 $5,225 $1,625 $7,341 $52 $0
Note
: This table only displays funds supporting the 2020 Budget Revision Offers
The 2020 Budget Revisions allow the City to align ongoing expenses with reduced revenue forecasts from
Sales Tax. Conversely, the City is also able to fund a small number of additions to the 2020 Budget, which
address Council priorities and other capital projects and design work that benefit our community.
CITY FINANCIAL IMPACTS
This Ordinance amends the City Budget for fiscal year 2020 and represents the annual appropriation for fiscal
year 2020 in the amount of $632,403,387, excluding the GID’s, URA’s and DDA’s. The Ordinance also sets
the City mill levy at 9.797 mills, unchanged since 1991.
BOARD / COMMISSION RECOMMENDATION
Boards and commissions were engaged during the development of the original 2019-20 Budget. The only
changes to the 2020 appropriations are the 2020 Revision Offers, which do not go through the Budgeting for
Outcomes (BFO) process. Rather, those items that met the specific criteria for the 2020 Revision process
were thoroughly vetted by City staff, the executive management team, and by Council at a Council Finance
Committee meeting on August 19 and then at City Council Work Sessions conducted on September 10 and
24.
PUBLIC OUTREACH
Significant public outreach was conducted as part of the development of the original 2019-20 Budget.
ATTACHMENTS
1. Powerpoint presentation (PDF)
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1
1st Reading of the 2020 Annual Appropriation
Darin Atteberry, Mike Beckstead and Lawrence Pollack
2020 ANNUAL APPROPRIATION
City of Fort Collins Council Meeting - October 15, 2019
Attachment 1
12.1
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
Values:
- Collaboration - Excellence - Integrity
- Outstanding Service - Safety & Well-being - Stewardship
Mission: Exceptional service
for an exceptional community
Vision: To provide world-class
municipal services through
operational excellence and a
culture of innovation
City of Fort Collins Leadership System
2
12.1
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2018 Strategic Plan
– Driving the 2019-20 Budget
The 2019-20 Budget Reflects Community Needs and Council
Priorities as Identified in the 2018 Strategic Plan 3
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Supporting Council and
Community Priorities
4
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Investing in Public Safety
and Police Staffing
5
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Maintaining
Commitments to Voters
with KFCG and
Community Capital
Improvement Program
6
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Launching New
Broadband Utility
7
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Being Good Stewards of
City Assets
8
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Sustaining the current level of services,
balanced with available resources
9
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Continued energy efficiency efforts to support
the City’s Climate Action Plan goals, as well as
community water efficiency initiatives
10
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2019-20 Budget Themes
Investing in our workforce
with training, leadership
development and technology
11
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
BFO: Spring / Summer 2018:
• City continued use of the Budgeting for Outcomes (BFO) process
BFO: November 2018:
• City Council approved the City’s 2019-20 Biennial Budget
Revisions: August / September 2019:
• The 2018 Budget Revisions were reviewed by the Council Finance Committee
on August 19th and the full City Council at the work sessions on September
10th and 24th
Budget Process Overview
12
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2020 Budget Revision Objectives
13
The 2020 Budget Revisions are intended to address:
• Adjust ongoing expenditures to match current ongoing revenue estimates
• Council priorities and high-priority projects/needs not known during last BFO
• Fiduciary responsibilities & fund balance
The primary criteria for a 2020 Budget Request was that it was
specifically directed by the City Manager or City Council
The Budget Revision process it not Budgeting for Outcomes:
• No ‘call for Offers’ to support the Strategic Plan
• No vetting and comparison of Offers by BFO Teams
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2020 Proposed Net City Budget
14
Original Revised
2020 2020 Change
Operating $609.2 $615.7 6.5
Debt 14.9 14.6 (0.3)
Capital 27.4 28.0 0.5
Total City Appropriations* $651.6 $658.2 $6.6
Less
Internal Service Funds ($85.6) ($85.2) 0.4
Transfers to Other Funds (51.5) (52.8) (1.3)
GIDs (0.2) (0.4) (0.2)
URAs (6.0) (6.0) 0.0
DDA (14.5) (19.5) (5.0)
Total ($157.7) ($163.8) ($6.1)
Net City Budget $493.9 $494.4 $0.5
* Includes GID #1, GID #15, URA and DDA all of whichare appropriated in separate ordinances
TOTAL BUDGET (in millions)
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2020 Budget Revision Summary
15
Citywide* 2020 Recommended Budget Revisions (in $M)
Reductions Additions Net
Ongoing ($3.8) $1.3 ($2.5)
One-Time $0.0 $3.2 $3.2
($3.8) $4.5 $0.7
General Fund 2020 Recommended Budget Revisions (in $M)
Reductions Additions Net
Ongoing ($1.8) $0.9 ($0.8)
One-Time $0.0 $0.4 $0.4
($1.8) $1.4 ($0.4)
* The amounts above only represent the 2020 Revision Offers and
exclude the GID's, URA, DDA, transfers and revenue changes
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
2020 Proposed Budget by Outcome
Note: The total of $559.6M excludes $47.5M for transfers between funds and $52.7M for items like debt service, payments to
retirees, insurance costs, etc.
16
- Police ($48.2M)
- Fire ($30.8M)
- Stormwater
- Water
- Wastewater
- Natural Areas
- Environmental Services
- Development Review
- Economic Programs
- L&P/Purchased Power ($144.9M)
- Broadband
- Internal Services
- Administration
- Benefits
- Equipment Fund
Outcome Total
$559.6M Economic Health
$160.9
High Performing
Government
Safe Community $116.5
$93.8
Transportation
$72.7
Environmental Health
$62.0
Culture and Recreation
$40.1
Neighborhood Livability & Social Health
$13.6
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
• Adopted 2019-20 Budget: www.fcgov.com/budget
• Financial Transparency: www.fcgov.com/openbook
• Various Financial Reports: www.fcgov.com/finance
• Community Dashboard: www.fcgov.com/dashboard
Online Financial Resources
17
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Attachment: Powerpoint presentation (8350 : 2020 Annual Appropriation Ordinance)
-1-
ORDINANCE NO. 129, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL
APPROPRIATIONS FOR THE FISCAL YEAR 2020; AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020;
AND FIXING THE MILL LEVY FOR PROPERTY TAXES PAYABLE IN 2020
WHEREAS, on November 20, 2018, the City Council adopted on second reading
Ordinance No. 133, 2018, approving the biennial budget for the years beginning on January 1,
2019, and January 1, 2020 (the “Biennial Budget”); and
WHEREAS, the City Manager has submitted to the City Council proposed amendments
to the 2020 budget adopted as part of the Biennial Budget approved by the City Council in
Ordinance No. 133, 2018; 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 shall appropriate, on a fund basis and by
individual project for capital projects and federal or state grant projects, such sums of money as
it deems necessary to defray all expenditures of the City during the ensuing fiscal year, based
upon the budget as approved by the City Council; and
WHEREAS, Article V, Section 5 of the City Charter provides that the annual
appropriation ordinance shall also fix the tax levy in mills upon each dollar of the assessed
valuation of all taxable real 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, including interest and principal of
general obligation bonds; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
the City Manager’s recommendation, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided: (i) that the purpose for which the transferred funds are
to be expended remains unchanged, (ii) the purpose for which the funds were initially
appropriated no longer exists; or (iii) the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose specified
in the appropriation ordinance (collectively, the “Transfer Criteria”); and
WHEREAS, the City Manager has recommended all the transfers described herein and
determined that they each satisfy one or more of the Transfer Criteria; and
WHEREAS, the City Council finds and determines that the adoption of this Ordinance is
necessary for the public’s health, safety and welfare and, therefore, wishes to authorize the
expenditures described in this Ordinance.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council, having reviewed the City Manager's recommended
changes to the 2020 Proposed Appropriations section of the Biennial Budget, as shown on pages
43 through 48 thereof, a copy of which is on file with the office of the City Clerk, and as shown
in the 2020 Budget Revisions also on file with the City Clerk, hereby amends the Biennial
Budget to reflect the following changes and adopts said Biennial Budget as amended:
Existing Additions Reductions As Amended
GENERAL FUND $157,588,615 $1,842,035 $2,653,593 $156,777,057
ENTERPRISE FUNDS
Golf $3,682,166 $0 $22,893 $3,659,273
Light & Power
Operating Total $141,592,003 $0 $195,853 $141,396,150
Capital Projects:
Art in Public Places 14,076 0 0 14,076
Dist. System Impr. & Replacement 1,584,100 0 0 1,584,100
L&P Vehicle Storage Building 170,000 0 170,000 0
Service Center - L&P 950,000 170,000 0 1,120,000
Substation Cap Project 624,000 0 0 624,000
Capital Projects Total 3,342,176 170,000 170,000 3,342,176
Total Light & Power $144,934,179 $170,000 $365,853 $144,738,326
Storm Drainage
Operating Total $10,972,178 $0 $104,973 $10,867,205
Capital Projects:
2017 - Remington St Storm Sewer 2,546,200 0 0 2,546,200
2018 - Mail Crk Palmer Passway 1,408,900 0 0 1,408,900
North College Corridor Outfall A4 (Lemay) 0 950,000 0 950,000
Art in Public Places 25,462 9,500 0 34,962
CMMS - Maintenance Management 152,000 0 0 152,000
Developer Repays 100,000 0 0 100,000
Master Planning 450,000 0 0 450,000
Stormwater Flood Warning System 1,500,000 0 0 1,500,000
Utility Service Center Phase 2 100,000 0 0 100,000
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Stormwater Basin Improvements 17,500 0 0 17,500
Capital Projects Total 6,300,062 959,500 0 7,259,562
Total Storm Drainage $17,272,240 $959,500 $104,973 $18,126,767
Wastewater
Operating Total $18,455,218 $50,000 $117,425 $18,387,793
Capital Projects:
Art in Public Places 19,560 0 0 19,560
2019 - DWRF Carbon Add Phase 1 500,000 0 0 500,000
2019 - North College WW Improvement 711,000 0 0 711,000
Service Center Improvements 17,500 0 0 17,500
CMMS - Maintenance Management 221,500 0 0 221,500
Collection System Small Projects 1,500,000 0 0 1,500,000
Cured in Place Pipe 600,000 0 0 600,000
Polution Control Cap Replacement 50,000 0 0 50,000
Water Reclamation Replacement Program 2,456,000 0 0 2,456,000
Capital Projects Total 6,075,560 0 0 6,075,560
Total Wastewater $24,530,778 $50,000 $117,425 $24,463,353
Water
Operating Total $25,704,618 $100,000 $163,149 $25,641,469
Capital Projects:
Service Center Improvement 35,000 0 0 35,000
2019 - Environmental Learning Center Dam 250,000 0 0 250,000
CMMS - Maintenance Management 346,750 0 0 346,750
Distribution System Repl Small Projects 1,540,000 0 0 1,540,000
Water Production Replacement Program 1,000,000 0 0 1,000,000
Water Quality Cap Replacement 50,000 0 0 50,000
Watershed Protection 80,000 0 0 80,000
Capital Projects Total 3,301,750 0 0 3,301,750
Total Water $29,006,368 $100,000 $163,149 $28,943,219
Broadband
Operating Total $6,685,000 $195,000 $0 $6,880,000
Capital Projects:
Broadband Capital Interest 5,827,788 0 0 5,827,788
Capital Projects Total 5,827,788 0 0 5,827,788
Total Broadband $12,512,788 $195,000 $0 $12,707,788
TOTAL ENTERPRISE FUNDS $231,938,519 $1,474,500 $774,293 $232,638,726
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INTERNAL SERVICE FUNDS
Benefits $39,162,216 $0 $14,971 $39,147,245
Data & Communications 10,901,337 0 88,836 10,812,501
Equipment 14,394,169 0 63,136 14,331,033
Self Insurance 4,789,061 113,400 15,849 4,886,612
Utility Customer Service & Administration 19,138,390 0 211,462 18,926,928
TOTAL INTERNAL SERVICE FUNDS $88,385,173 $113,400 $394,254 $88,104,319
SPECIAL REVENUE & DEBT SERVICE
FUNDS
Capital Improvement Expansion $4,015,000 $1,815,000 $0 $5,830,000
Capital Leasing Corporation 5,138,351 0 347,819 4,790,532
Cemeteries 729,126 0 10,038 719,088
Conservation Trust
Operating Total $548,507 $0 $2,642 $545,865
Capital Projects:
Trail Acquisition/Development 1,010,547 0 0 1,010,547
Capital Projects Total 1,010,547 0 0 1,010,547
Total Conservation Trust $1,559,054 $0 $2,642 $1,556,412
Cultural Services & Facilities
Operating Total $4,870,458 $5,390 34,247 $4,841,601
Capital Projects:
Art in Public Places 41,969 11,700 0 53,669
Capital Projects Total 41,969 11,700 0 53,669
Total Cultural Services & Facilities $4,912,427 $17,090 $34,247 $4,895,270
General Employees' Retirement $6,029,250 $0 $0 6,029,250
Keep Fort Collins Great
Operating Total $26,252,462 $0 $110,806 $26,141,656
Capital Projects:
City Bridge Program 1,700,000 0 0 1,700,000
Capital Maintenance 2,141,298 0 0 2,141,298
Transportation Small Capital 125,000 0 0 125,000
Capital Projects Total 3,966,298 0 0 3,966,298
Total Keep Fort Collins Great $30,218,760 $0 $110,806 $30,107,954
Museum $1,110,377 $0 $16,063 $1,094,314
Natural Areas 12,795,748 0 78,540 12,717,208
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Neighborhood Parkland Fund $408,634 0 9,686 $398,948
Parking $2,858,577 0 29,859 $2,828,718
Perpetual Care 36,035 0 0 36,035
Recreation 7,938,947 0 64,277 7,874,670
Sales & Use Tax 8,452,062 0 103,900 8,348,162
Transportation CEF 3,509,919 0 2,642 3,507,277
Transit Services
Operating Total $18,127,640 $0 $1,314,658 $16,812,982
Capital Projects:
5307 Pass-Thru 1,271,040 1,271,040
CMAQ CNG BUS CO-2019-0010-00 937,500 500,000 1,437,500
Capital Projects Total 2,208,540 500,000 0 2,708,540
Total Transit Services $20,336,180 $500,000 $1,314,658 $19,521,522
Transportation Services 27,872,174 0 210,662 27,661,512
SPECIAL REVENUE & DEBT SERVICE
FUNDS
$137,920,621 $2,332,090 $2,335,839 $137,916,872
CAPITAL PROJECTS FUNDS
Capital Projects Fund
Operating Total $82,805 $500,000 $0 $582,805
General City Capital Projects:
Arterial Intersection Imprvmnt - CCIP 400,000 0 0 400,000
Bicycle Infrastructure Im - CCIP 350,000 0 0 350,000
Bus Stop Improvements - CCIP 100,000 0 0 100,000
City Bridge Program 600,000 0 0 600,000
Block 32 Redevelopment 0 300,000 0 300,000
Block 32 Redevelopment - Parking 0 1,515,000 0 1,515,000
Linden Street Renovation - CCIP 2,898,000 0 0 2,898,000
Mountain Avenue Reshaping 100,000 0 0 100,000
Nature in the City - CCIP 185,608 0 0 185,608
Pedestrian Sidewalk - ADA - CCIP 1,100,000 0 0 1,100,000
North Mason Street 200,000 0 0 200,000
Northeast Community Park 3,550,000 0 0 3,550,000
Transfort Bus Replacements - CCIP 0 0 500,000 -500,000
Total General City Capital Projects $9,483,608 $1,815,000 $500,000 $10,798,608
Total Capital Projects Fund $9,566,413 $2,315,000 $500,000 $11,381,413
Community Capital Improvement Fund
General City Capital Projects:
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Affordable Housing Capital Program 400,000 0 0 400,000
Arterial Intersection Imprvmnt - CCIP 400,000 0 0 400,000
Bicycle Infrastructure Im - CCIP 350,000 0 0 350,000
Bus Stop Improvements - CCIP 100,000 0 0 100,000
Gardens Visitor Ctr Expansion - CCIP 40,000 0 0 40,000
Lincoln Avenue Bridge 36,000 0 0 36,000
Nature in the City - CCIP 200,000 0 0 200,000
Pedestrian Sidewalk - ADA - CCIP 1,100,000 0 0 1,100,000
Poudre River Project 50,000 0 0 50,000
Linden Street Renovation - CCIP 2,898,000 0 0 2,898,000
Willow Street Improvements - CCIP 11,000 0 0 11,000
Total Community Capital Improvement Fund $5,585,000 $0 $0 $5,585,000
TOTAL CAPITAL PROJECTS FUNDS $15,151,413 $2,315,000 $500,000 $16,966,413
TOTAL CITY FUNDS $630,984,341 $8,077,025 $6,657,979 $632,403,387
Section 3. That there is hereby appropriated out of the revenues of the City, for the
fiscal year beginning January 1, 2020, and ending December 31, 2020, the sum of SIX
HUNDRED THIRTY-TWO MILLION FOUR HUNDRED THREE THOUSAND THREE
HUNDRED EIGHTY-SEVEN DOLLARS ($632,403,387) 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 purposes shown in
Section 2 above.
Section 4. Mill Levy.
a. That the mill levy rate for the taxation upon each dollar of the assessed valuation of
all the taxable real property within the City of Fort Collins shall be 9.797 mills to be imposed on
the assessed value of such property as set by state law for property taxes payable in 2020, which
levy represents the amount of taxes for City purposes is necessary to provide for payment during
the 2020 budget year of all properly authorized expenditures to be incurred by the City, including
interest and principal of general obligation bonds.
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 City Charter and no later than
December 15, 2019.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 244
City of Fort Collins Page 1
Wade Troxell, President City Council Chambers
Kristin Stephens, District 4, Vice President City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV, Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
General Improvement District No. 1 Regular Meeting
October 15, 2019
(after the Regular Council Meeting)
• CALL MEETING TO ORDER
• ROLL CALL
1. First Reading of Ordinance No. 072 Determining and Fixing the Mill Levy for the General
Improvement District No. 1 for the Fiscal Year 2020; Directing the Secretary of the District to Certify
Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2020
Annual Appropriation (staff: Josh Birks; 5 minute staff presentation; 5 minute discussion)
The purpose of this item is to set the mill levy of 4.924 and authorize the fiscal year 2020
appropriation for General Improvement District No. 1 (GID). The sum of $314,160 is anticipated to
be collected from the mill levy of 4.924 mills for fiscal year 2020 imposed within the General
Improvement District No. 1 (GID) boundaries. Additional revenue for the GID from automobile
specific ownership taxes and interest earnings are anticipated in 2020 to total $59,965 resulting in an
expected revenue total of $374,125 for 2020. The Ordinance appropriates funds in the amount of
$352,000 from ongoing revenue for the operation of the GID in 2020.
• OTHER BUSINESS
• ADJOURNMENT
GENERAL IMPROVEMENT
DISTRICT NO. 1 BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 15, 2019
General Improvement District No. 1 Board
STAFF
Josh Birks, Economic Health Director
SeonAh Kendall, Economic Health Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 072 Determining and Fixing the Mill Levy for the General Improvement District
No. 1 for the Fiscal Year 2020; Directing the Secretary of the District to Certify Such Levy to the Board of
Commissioners of Larimer County; and Making the Fiscal Year 2020 Annual Appropriation
EXECUTIVE SUMMARY
The purpose of this item is to set the mill levy of 4.924 and authorize the fiscal year 2020 appropriation for
General Improvement District No. 1 (GID). The sum of $314,160 is anticipated to be collected from the mill levy
of 4.924 mills for fiscal year 2020 imposed within the General Improvement District No. 1 (GID) boundaries.
Additional revenue for the GID from automobile specific ownership taxes and interest earnings are anticipated
in 2020 to total $59,965 resulting in an expected revenue total of $374,125 for 2020. The Ordinance
appropriates funds in the amount of $352,000 from ongoing revenue for the operation of the GID in 2020.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This budget is part of the proposed refresh and repositioning of the Downtown GID management -
management of the GID shifted to the Economic Health Office (EHO) in 2019 and utilization of GID funds to be
assessed by an interdisciplinary team.
The objectives of the program are:
• Overall enhanced management of the GID with an interdisciplinary team will allow for greater transparency
and coordination of GID funds and projects.
• Reassessment of GID funds - the Downtown GID capital improvement plan (CIP) was last updated in
2011. An evaluation of the CIP accomplishments and updated prioritization, as well as a Plan-Do-Check-
Act.
• Improved communication with property owners, ELT and City Council. (Attachment 2)
The recommended appropriations are as follows and include funding based on the prioritization of capital work
to be done in the GID area to ensure the safety of our residents and businesses, specifically in regard to
sidewalk and curb construction and tree removal:
1
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Agenda Item 1
Item # 1 Page 2
GID Expenses
$150,000 to be used for priority sidewalk and curb replacements in the downtown area
$45,000 to be used for work related to capital improvements in the downtown area
$55,000 to be used for forestry and parks work, including tree replacement in the downtown area
$30,000 for residential property tax rebate program
$6,500 for Larimer County Treasurer's fee for collecting the property tax
$10,500 for estimated operating costs, including utilities and stakeholder engagement, in the
downtown area
$55,000 for payment to Parks for downtown Holiday Lighting
$352,000 TOTAL GID Expenses
Priority sidewalk and curb replacements
Engineering analyzed intersections in the GID area to identify which ones are damaged and/or not accessible.
In 2020, Engineering plans to begin repairing intersection corners ranked with the highest risk and greatest
need for repair. Following are the highest priority intersections/corners that are planned for repair:
• Mason and Mountain - All corners (4)
• College and Olive - Northwest and Northeast corners (2).
• Mason and Laporte - Northeast, Southeast and Northwest corners (3).
• College and Mountain - All corners (4).
The funds will be put into a capital project business unit and will be available for up to two years to ensure that
any delays to this work that are due to weather or other events do not impact the availability of funding and
ability to get the work done.
Forestry and Parks work and tree replacement
Forestry and Parks identified items in the GID area which are safety concerns and are in the most need of
repair. In 2020, these include:
• Flagpole replacement on Oak and College median.
• Repainting of traffic light pole and light poles.
• Tree removal and replacement.
• Tree cutout expansion and grate replacement.
GID Public Engagement Plan
The Downtown GID Project Plan includes improved communications with stakeholders as one of the three
program objectives. The Public Engagement Plan (Attachment 3) identifies the tools and techniques that staff
intends to incorporate in both internal and external communications, including:
• Outreach, including open house/engagement for updated GID Capital Improvement Plan - Q4/2019
(education) and Q1/2020 (reassess CIP list)
• GID website management and regular, timely updates
• Materials featuring Historic Projects
• Materials featuring 2018/2019 Accomplishments and Upcoming Projects
• Social media and press releases on projects.
CITY FINANCIAL IMPACTS
This Ordinance includes the GID’s annual appropriation for 2020 at $352,000. This item also sets the GID mill
levy for 2019 at 4.924 mills for taxes payable in 2020, which will generate approximately $314,160 for fiscal
1
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Agenda Item 1
Item # 1 Page 3
year 2020. The mill levy remains unchanged from previous years. Additional 2020 revenue includes
automobile specific ownership taxes, ad valorem taxes, and interest which together are projected to be
$59,965 in fiscal year 2020. As of December 31, 2018, the GID’s reserve balance is $731,231 (2018 CAFR).
ATTACHMENTS
1. Boundary map (PDF)
2. Downtown GID Project Plan (PDF)
3. GID Communications Plan Draft (PDF)
4. Powerpoint presentation (PPTX)
1
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ATTACHMENT 1 1.1
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Attachment: Boundary map (8355 : GID No 1 2020 Mill Levy and Budget)
City of Fort Collins
Program/Project Plan
Rev. 1.0, 09-29-2017
PROGRAM/PROJECT CHARTER OR PLAN
Program/Project Name: Downtown General Improvement District (GID)
Prepared by: SeonAh Kendall
Date (MM/DD/YYYY): 05/15/2019
Department: Economic Health
Program/Project Sponsor: Jeff Mihelich (Wendy Williams)
Program/Project Decision-
Maker:
Program/Project
Description:
1. What is the purpose of the program or project? Why is it being initiated?
The Downtown GID is a property tax district initiated by Downtown property owners in 1976 for the
purpose of funding parking, pedestrian and street beautification improvement projects to enhance the
Downtown as a business and commercial area.
The project is a proposed refresh and repositioning of the Downtown GID management – management
of the GID shifted to the Economic Health Office (EHO) and utilization of GID funds to be assessed by
an interdisciplinary team. Additional communication opportunities to the Downtown GID stakeholders,
City Executive Lead Team (ELT) and City Council (Board of Directors of the Downtown GID).
2. What are the objectives for the program or project? What will be accomplished?
• Overall enhanced management of the GID with an interdisciplinary team will allow for greater
transparency and coordination of GID funds and projects.
• Reassessment of GID funds – the Downtown GID capital improvement plan (CIP) was last
updated in 2011. An evaluation of the CIP accomplishments and prioritization, as well as a
PDCA.
• Improved communication with property owners, ELT and City Council.
3. What are the deliverables (or output) of the program or project?
• Formation of Interdisciplinary Team
o Project oversight and decision-making
o Enhanced coordination
• Enhanced Financial Transparency
o Evaluation of budget-to-actual
o Pro forma financial statements
• Creation of Communication Plan
o Biennial report
o Stakeholder engagement on accomplishments and CIP prioritization
o Executive leadership reporting
ATTACHMENT 2 1.2
Packet Pg. 6
Attachment: Downtown GID Project Plan (8355 : GID No 1 2020 Mill Levy and Budget)
City of Fort Collins
Program/Project Plan
Rev. 1.0, 09-29-2017
4. What are the expected outcomes of the program or project? What will change if
the program or project is successful?
Enhanced coordination w/in City departments, greater transparency on GID funding and greater
stakeholder satisfaction.
5. Describe the Current State.
Describe direct, objective and thorough attributes of what is currently happening: What work (if any) is currently being done?
How much money is being spent, if any? How much staff time is spent, if any? Are errors (or rework) happening? How
many participants? What are the other features of the current state?
6. Describe the Future State.
Now describe your vision of the Future State—What will be the features and how will it improve? Are outcomes better?
Would you foresee being able to reduce staff time? Error Reduction? Increase participants? Can you estimate by how
much?
7. Which of the city’s strategic objectives does this program or project address or
support?
8. Who is/are the target population(s) for this program or project? Who will benefit
from the program or project? Will any group be negatively impacted?
9. Who are the stakeholders for this program or project, i.e., who has a stake in
the program or project results and outcomes? How will you communicate with
stakeholders?
• Downtown property owners
• Downtown Development Authority
• Downtown Business Association
• City Council/Downtown GID Board of Directors
1.2
Packet Pg. 7
Attachment: Downtown GID Project Plan (8355 : GID No 1 2020 Mill Levy and Budget)
City of Fort Collins
Program/Project Plan
Rev. 1.0, 09-29-2017
A Communication Plan will be developed to communicate more frequently with stakeholders. Additional
communication tools: biennial report; annual ELT and City Council staff reports/memos; business
listening sessions and outreach; and website/social media updates.
10. What is the timeline (start and end dates) for this program or project and what
are the key milestones (dates when phases will be completed)?
11. What metrics will be used to measure the progress and performance of this
program or project (see also Program or Project Metrics document)?
12. What is the budget for this program or project?
Annual revenues are projected to be stable around $300,000 - $500,000, depending on property
values. Approximately $50,000 is committed annually for ongoing, routine disbursements including
residential rebates, Larimer County Treasurer Services, and water and electric billing.
13. What is/are the funding source(s) for this program or project ?
This is a dedicated enterprise fund used solely for the downtown GID
14. What other resources will you need, either within or outside of the city, and how
have you planned for those resources?
Resources needed include staff time and outreach materials. The outreach materials can be covered
through GID General Administrative costs.
15. Who are the team members on this program or project and what are their roles
and responsibilities (see also Team Roles Worksheet)?
Name: Title: Role:
SeonAh Kendall Sr. Economic Health Manager Co-Project Manager
Rob Mosbey Civil Engineer III Co-Project Manager
Mike Calhoon/Mike Brunkhardt Director of Parks Team Member
Jan Sawyer Lead Specialists, Special Events Team Member
Jill Marx Communications Specialist Team Member
Chad Crager City Engineer Team Member
Derek Getto Project Manager, DDA Team Member
Rachel Rogers Sr. Economic Health Specialist Team Member
Clark Mapes City Planner Team Member
1.2
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Attachment: Downtown GID Project Plan (8355 : GID No 1 2020 Mill Levy and Budget)
City of Fort Collins
Program/Project Plan
Rev. 1.0, 09-29-2017
Theresa Connor Utilities Deputy Director Team Member
Jennifer Selenske Sr Accountant Team Member
Susan Kirkpatrick Citizen/Taxpayer
Holli Wright Citizen/Taxpayer
16. What are the risks and constraints associated with this program or project (see
also Program or Project Risks document, and Risk Matrix)? What are you doing
to mitigate the risks?
17. What additional information about your program/project should be shared, e.g.,
what assumptions have been made, what is your communication plan, public
engagement plan (if needed), is it part of a BFO offer (and if so which one), etc.?
1.2
Packet Pg. 9
Attachment: Downtown GID Project Plan (8355 : GID No 1 2020 Mill Levy and Budget)
PUBLIC ENGAGEMENT PLAN
PROJECT TITLE: DOWNTOWN GENERAL IMPROVEMENT DISCTRICT (GID)
TIMELINE: September 2019 – Ongoing
OVERALL PUBLIC INVOLVEMENT LEVEL: Inform
KEY MESSAGES
What is the GID and What does it pay for?
The Downtown GID is a property tax district formed by property owners in 1976 for the purpose of
funding parking, pedestrian, and street beautification improvements. See the map in the Downloads box
for the specific boundaries. The GID is managed by City staff, and City Council sits as the governing
Board. Examples of past projects include College Avenue corner plazas, medians and street trees; Oak
Street Plaza with its fountains; Linden Street streetscape; recent sidewalk replacements; and on a smaller
scale, the sidewalk bike dismount signs and decals.
Current Projects: 2019 College Avenue Downtown Tree Pruning, Removal & Replacement Project, Opera
Galleria (in conjunction with DDA)
Previous Projects: Opera Galleria sidewalk, Old Town Square, sidewalk replacements
KEY STAKEHOLDERS: Council (as Board of Directors for the GID #1) and City Staff, DDA, DBA,
Downtown Business Owners/Employees, General Public
NOTE: Residents that live within the GID #1 boundaries are rebated their property tax
assessment
Tools and Techniques: Internal and External Communication
• Website Management & Updates
• Collateral Piece Featuring Historic Projects
• Collateral Piece Featuring 2018/2019 Accomplishments and Upcoming Projects
• PPT for Internal and External Presentations
o What is a GID? How is it different than a BID? Difference of SID?
o Role of DDA and DBA
o History
o Current Projects
o Next Steps – broader GID resource assessment, discussion and recommendation
• Spotlights on fcgov.com homepage
• City News Feature
• Cityview story
• Social Media and Press Releases on project by project basis
• Outreach
o Open House/Engagement for Updated GID Capital Improvement Plan – Q4/2019
(education) and Q1/2020 (reassess CIP list)
• Council Regular Session (once broader assessment of GID use has been evaluated)
ATTACHMENT 3
1.3
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Attachment: GID Communications Plan Draft (8355 : GID No 1 2020 Mill Levy and Budget)
October 15, 2019
Downtown GID #1
Josh Birks
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
Downtown GID #1 - Management and Refresh
2
October 2018
Memo to City Manager on GID #1 management proposal, focusing on:
o Transfer of GID #1 management to Economic Health Office (EHO);
o Formation of interdisciplinary team to guide investment of GID #1 funds;
o Planned reassessment of how the City uses GID funds to support
downtown operations and businesses.
May 2019
GID #1 Program/Project Plan finalized. Deliverables are:
o Formation of Interdisciplinary Team (complete)
o Enhanced Financial Transparency (ongoing)
o Creation of Communication Plan (in process)
June-Sept.
2019 Coordination and identification of capital project and maintenance priorities.
October 2019 Presentation of 2020 Budget to GID #1 Board
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
Downtown GID #1 - Engagement Plan and Next Steps
3
Oct.-Dec. 2019 Outreach and education on Capital Improvement Plan (CIP) for GID #1
stakeholders.
Jan.-Mar. 2020 Assess CIP recommendations and work with team to prioritize projects.
Apr.-Sept. 2020
• Coordination and identification of capital project and maintenance priorities
based on stakeholder input and financial opportunities.
• Create outreach and website materials on historical GID #1 projects and
accomplishments.
October 2020 Presentation of updated CIP to GID #1 Board.
Ongoing Website management; social media; press releases
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
Downtown GID #1 - Expenses for 2020
4
Expense Description
$150,000 Sidewalk and curb replacements in the downtown area
$45,000 Additional work related to capital improvements in the downtown area
$55,000 Forestry and parks work, including tree replacement in the downtown area
$30,000 Residential property tax rebate program
$6,500 Larimer County Treasurer's fee for collecting the property tax
$10,500 Estimated operating costs, including utilities and stakeholder engagement, in
the downtowwn area
$55,000 Downtown Holiday Lighting
$352,000 TOTAL GID Expenses
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
October 15, 2019
Downtown GID #1
BACKUP SLIDES
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
Historical Budget and Actual Spending
6
Year Actual Budget
Underspend/
(Overspend) Description
2011 287,434 1,004,523 717,089 Sidewalk replacement, downtown wayfinding sign system project
2012 263,978 931,546 667,568 Sidewalk replacement, downtown wayfinding sign system project
2013 312,252 721,022 408,769 Holiday lighting, carry forward of downtown wayfinding funds
2014 208,942 410,653 201,711 Holiday lighting, carry forward of funds
2015 1,089,493 1,199,450 109,957 Old Town Square renovations
2016 158,909 193,877 34,968
2017 109,946 158,107 48,161
2018 465,907 568,107 102,200 DDA Alley Enhancements, Opera Galleria funding
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
Forecast
7
Actual Actual Budget Forecast BART
Budget
Proposal
2017 2018 2019 2019 2020 2020
Revenue
Property Tax Increment 288,646 297,068 308,000 308,000 314,160 314,160
Shared Revenue (Auto Specific Ownership Tax) 47,788 48,579 45,000 45,000 45,000 45,000
Interest on Balances 7,067 14,582 14,342 14,342 14,965 14,965
Other Miscellaneous 1,615 156 0 0 0 0
Total Revenue (Cash Inflow) $345,116 $360,385 $367,342 $367,342 $374,125 $374,125
Expense
Operating 1,310 2,489 10,500 15,500 10,500 10,500
Property Tax Rebates 29,683 30,769 30,000 30,000 30,000 30,000
Larimer County Fees 5,773 5,942 11,500 6,500 11,500 6,500
Transfers to Other Funds (holiday lights) 55,000 55,000 55,000 55,000 55,000 55,000
Sub-total Operating 91,766 94,200 107,000 107,000 107,000 102,000
Capital/Construction Project Contributions
Construction Services/Concrete Work 18,180
Engineering Work 45,000
Forestry Work 55,000
DDA Alley Improvements 350,000
Opera Galleria (actual 2018, budget remianing 2019) 1,131 58,869 58,869
Other Repairs (Capital Infrastructure) - non-lapsing 576 65,800 65,800 60,000 150,000
Sub-total Capital 18,180 351,707 124,669 124,669 60,000 250,000
Total Cash Outflow $109,946 $445,907 $231,669 $231,669 $167,000 $352,000
Net Change in Cash 235,170 (85,522) 135,673 135,673 207,125 22,125
GAAP Adjustments
Accounts payable, accruals, and other 20,000
Prior year ending cash position 601,584 836,754 731,232 731,232 866,905 866,905
Ending Cash $836,754 $731,232 $866,905 $866,905 $1,074,030 $889,030
1.4
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Attachment: Powerpoint presentation (8355 : GID No 1 2020 Mill Levy and Budget)
-1-
ORDINANCE NO. 072
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 2020;
DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY
TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND
MAKING THE FISCAL YEAR 2020 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 2020
to pay the cost of operating the GID; and
WHEREAS, the GID staff estimates a levy of 4.924 mill will result in $314,160 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 Colorado
Constitution; and
WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 39-5-128(1) requires
certification of any tax levy to the Board of County Commissioners no later than December 15 of
each year; and
WHEREAS, additional revenue is collected by the GID from such sources as the
automobile ownership tax and interest earnings and that revenue for 2020 is anticipated to be
$59,965; 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, 2020, and ending December 31, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, acting Ex-Officio as the Board of Directors of City of Fort Collins General
Improvement District No. 1, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the mill levy rate for taxation upon each dollar of the assessed
valuation of all taxable property within the GID’s boundaries shall be 4.924 mills imposed on the
assessed valuation of all taxable property as set by state law for the GID’s property taxes payable
in 2020.
Section 3. That the City Clerk acting ex-officio for the GID shall certify this levy of
10.0 mills to the Board of Larimer County Commissioners as provided by law no later than
December 15, 2019.
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 the anticipated
revenues of General Improvement District No. 1 for the fiscal year beginning January 1, 2020,
and ending December 31, 2020, the sum of THREE HUNDRED FIFTY-TWO THOUSAND
DOLLARS ($352,000) to be raised by taxation and additional revenue to be expended for the
authorized purposes of the General Improvement District No.1, including, without limitation,
for:
$150,000 to be used for priority sidewalk and curb replacements in the downtown area
$45,000 to be used for work related to capital improvements in the downtown area
$55,000 to be used for forestry and parks work, including tree replacement, in the downtown
area
$30,000 for residential property tax rebate program
$6,500 for Larimer County Treasurer's fee for collecting the property tax
$10,500 for estimated operating costs, including utilities, in the downtown area
$55,000 for payment to Parks for Downtown Holiday Lighting
$352,000 TOTAL GID Expenses
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D. 2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
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Passed and adopted on final reading on the 5th day of November, A.D. 2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
____________________________
City Clerk, Ex Officio Secretary
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City of Fort Collins Page 1
Wade Troxell, President City Council Chambers
Kristin Stephens, District 4, Vice President City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV, Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Skyview South General Improvement District No. 15 Meeting
October 15, 2019
(after the General Improvement District No. 1 Meeting)
• CALL MEETING TO ORDER
• ROLL CALL
1. First Reading of Ordinance No. 012 Determining and Fixing the Mill Levy for the Skyview South
General Improvement District No. 15 for the Fiscal Year 2020; Directing the Secretary of the District
to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year
2020 Annual Appropriation. (staff: Lawrence Pollack, Darren Moritz; 2 minute staff presentation; 5
minute discussion)
This Ordinance includes the annual appropriation for 2020 of $1,000 for the expenses of the
Skyview South General Improvement District No. 15 (GID No. 15). The sum of $33,439 is
anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2020. Additional
miscellaneous revenue for GID No. 15 of $6,136 is anticipated to generated from auto specific
ownership fees and interest income. The total 2020 revenue for GID No. 15 is expected to be
$39,575. The total amount will be used in the future to maintain and repair roads in the Skyview
subdivision.
2. First Reading of Ordinance No. 013, Appropriating Prior Year Reserves in the Skyview South
General Improvement District No. 15 Fund for Transfer to the Transportation Fund for the Skyview
South Asphalt Overlay Project. (staff: Darren Moritz; 2 minute staff presentation; 5 minute
discussion)
The purpose of this item is to appropriate reserves to cover an expense that was not anticipated
and, therefore, not included in the 2019 annual budget appropriation for the Skyview South General
Improvement District No. 15. This new expense is the Skyview South Asphalt Overlay Project.
• OTHER BUSINESS
• ADJOURNMENT
SKYVIEW SOUTH GENERAL
IMPROVEMENT DISTRICT NO. 15
BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 15, 2019
Skyview South General Improvement District No. 15 Board
STAFF
Lawrence Pollack, Budget Director
Darren Moritz, Pavement Management Program Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 012 Determining and Fixing the Mill Levy for the Skyview South General
Improvement District No. 15 for the Fiscal Year 2020; Directing the Secretary of the District to Certify Such
Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2020 Annual
Appropriation.
EXECUTIVE SUMMARY
This Ordinance includes the annual appropriation for 2020 of $1,000 for the expenses of the Skyview South
General Improvement District No. 15 (GID No. 15). The sum of $33,439 is anticipated to be collected from the
mill levy of 10.0 mills for fiscal year 2020. Additional miscellaneous revenue for GID No. 15 of $6,136 is
anticipated to generated from auto specific ownership fees and interest income. The total 2020 revenue for
GID No. 15 is expected to be $39,575. 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 GID No. 15. (Attachment 1) Larimer County organized GID No. 15 in 1997. Pursuant to Colorado
Revised Statutes Section 31-25-609, 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 by December 15. This Ordinance continues the establishment, as in years
past, of a mill levy of 10.0.
CITY FINANCIAL IMPACTS
This Ordinance sets the GID No. 15 mill levy at 10.0 mills, which will generate approximately $33,439 for fiscal
year 2020. Additional 2020 revenue for GID No. 15 is projected to be $6,136 in fiscal year 2020.
In addition, the 2020 Budget will include the appropriation of $1,000 for the Larimer County Treasurer’s fee for
collecting the property tax.
ATTACHMENTS
1. Boundary map (PDF)
1
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W TRILBY RD
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VENUS AVE
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ORDINANCE NO. 012
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 2020; DIRECTING THE SECRETARY OF THE DISTRICT
TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER
COUNTY; AND MAKING THE FISCAL YEAR 2020 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, 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
as provided in Colorado Revised Statutes (“C.R.S.”) Section 31-25-609; 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 2020; and
WHEREAS, GID staff estimates a levy of 10.0 mills will result in $33,439 of revenue;
and
WHEREAS, the amount of this proposed mill levy is not an increase over prior years
and, as such, prior voter approval of the proposed levy is not required under Article X, Section
20 of the Colorado Constitution; and
WHEREAS, C.R.S. Section 39-5-128(1) requires certification of any tax levy to the
Board of Commissioners of Larimer County no later than December 15 of each year; and
WHEREAS, additional revenue totaling $6,136 for 2020 is expected to be collected by
the GID from auto specific ownership fees and interest earnings; and
WHEREAS, an appropriation of $1,000 is needed from the GID’s revenue to pay the
$1,000 fee owed to Larimer County for the 2020 collection of the GID’s taxes.
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 City Council, acting ex-officio as the Board of Directors of the
City of Fort Collins General Improvement District No. 15, hereby makes and adopts the
determinations and findings contained in the recitals set forth above.
Section 2. That the 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 imposed on the
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assessed value of taxable property as set by state law for the GID’s property taxes payable in
2020.
Section 3 That the City Clerk acting ex-officio as the Secretary for the GID shall
certify this levy of 10.0 mills to the Board of Larimer County Commissioners as provided by law
no later than December 15, 2019.
Section 4. 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
anticipated revenues of the GID for the fiscal year beginning January 1, 2020, and ending
December 31, 2020, the sum of ONE THOUSAND DOLLARS ($1,000) for payment to Larimer
County for its collection of GID property taxes in 2020.
Section 5. That the remainder of the GID revenue to be received in 2020 from
taxation and other sources, shall be reserved in fund balance until such future time as the Board
of Directors authorizes, by appropriation, such revenue to be used for the purposes of the GID.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Packet Pg. 5
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY October 15, 2019
Skyview South General Improvement District No. 15 Board
STAFF
Darren Moritz, Pavement Management Program Manager
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 013, Appropriating Prior Year Reserves in the Skyview South General
Improvement District No. 15 Fund for Transfer to the Transportation Fund for the Skyview South Asphalt
Overlay Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate reserves to cover an expense that was not anticipated and,
therefore, not included in the 2019 annual budget appropriation for the Skyview South General Improvement
District No. 15. This new expense is the Skyview South Asphalt Overlay Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Ordinance appropriates prior year reserves in the amount of $125,000 in the Skyview South General
Improvement District (GID) No. 15 Fund for payment to the Transportation Fund for the Skyview South Asphalt
Overlay project. Work is scheduled to take place in November 2019.
Concrete work in the Skyview GID was completed in December 2018 in anticipation of asphalt work in 2019.
Due to GID projects classification as Work for Others, it was unknown earlier in the year whether this project
could be completed in 2019, given other workload within the Streets Department. Staff is confident all work will
be completed by end of year.
CITY FINANCIAL IMPACTS
This Ordinance increases the Skyview South General Improvement District No. 15 Fund 2019 appropriation by
$125,000. Streets Work for Others revenue will increase by the same amount. It is anticipated that there is
enough budget in the Work for Others expense line to cover the additional amount.
ATTACHMENTS
1. Location Map (PDF)
2. Powerpoint presentation (PDF)
2
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W SKYWAY DR
CONSTELLATION DR
POLARIS DR
AURORA WAY
GALAXY WAY
LEO CT
ORION CT
PLUTO CT
SUNDOWN CT
MARS DR
VENUS AVE
Revised Oct 7, 2019
Project Year STREET Skyway South MAINTENANCE GID No.15 PROGRAM (SMP).
2019 Overlay Area
ATTACHMENT 1
2.1
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Attachment: Location Map (8357 : Skyview GID 15 Asphalt)
October 15, 2019
Skyview South General Improvement District (GID) No. 15
Darren Moritz, Streets Maintenance Program Manager
ATTACHMENT 2
2.2
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Attachment: Powerpoint presentation (8357 : Skyview GID 15 Asphalt)
Project Location
2
2.2
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Attachment: Powerpoint presentation (8357 : Skyview GID 15 Asphalt)
Skyview South GID No. 15 Asphalt Overlay Project
• Appropriation of $125,000 of GID Funds to perform asphalt overlay of
six (6) streets within the GID.
• Concrete work was performed in 2018 in preparation for asphalt.
• Overlaying of the streets will be performed in November.
3
2.2
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Attachment: Powerpoint presentation (8357 : Skyview GID 15 Asphalt)
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ORDINANCE NO. 013
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS
OF SKYVIEW SOUTH ENERAL IMPROVEMENT DISTRICT NO. 15
APPROPRIATING PRIOR YEAR RESERVES IN THE SKYVIEW SOUTH
GENERAL IMPROVEMENT DISTRICT NO. 15 FUND FOR TRANSFER
TO THE TRANSPORTATION FUND FOR THE SKYVIEW
SOUTH ASPHALT OVERLAY PROJECT
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, 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
as provided in Colorado Revised Statutes Section 31-25-603; and
WHEREAS, the GID has prior year reserves available for appropriation; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, 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, provided that the amount of
the appropriation, in combination with all previous appropriations for that fiscal year, will not
exceed the then current estimate and actual revenues to be received by the City during that fiscal
year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Skyview
South General Improvement District No. 15 Fund and will not cause the total amount
appropriated in the Skyview South General Improvement District No. 15 Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during the 2019
fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, 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 from prior year reserves
in the Skyview South General Improvement District No. 15 Fund the sum of ONE HUNDRED
TWENTY-FIVE THOUSAND DOLLARS ($125,000) for payment in 2019 to the City’s
Transportation Fund as a reimbursement for the Skyview South Sidewalks project.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2019, and to be presented for final passage on the 5th day of November, A.D.
2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Passed and adopted on final reading on the 5th day of November, A.D. 2019.
_________________________________
Mayor, Ex Officio President
ATTEST:
_____________________________
City Clerk, Ex Officio Secretary
Packet Pg. 12
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Skyview South
General Improvement District No. 15
Legend
General Improvement District #15
Parcels 1 inch = 600 feet
ATTACHMENT 1
1.1
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Attachment: Boundary map (8348 : Skyview South GID 15 2020 Budget)
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Code.
23 percent
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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
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a) Summer. For billings based on consumption during the months of May, June, July, August,
and September
(i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding Per kWh $0.0437 $0.0414 $0.0710
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mailing.
11
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S Meldrum St
Hemlock St
1st St
Redwood St
3rd St
S Whitcomb St
2nd St
Duff Dr
Lupine Dr
W Magnolia St
N Sherwood St
N Whitcomb St
C
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tan
S
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10th St
Canyon Ave
O
s
i
a
nde
r
S
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Cowan St
N Meldrum St
Woo
d
war
d
Wa
y
S Mason St
Jerome St
Colorado St
Main St
Gold Dr
Walnut St
P
a
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S
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H
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an Mill
Rd
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D
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Endicott St
S Sherwood St
11th St
Mull
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D
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Sycamore St
Blue Spruce Dr
Bellflower Dr
East Dr
Frontage Rd
E Laurel St
Woo
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Lesser Dr
Pine St
Cordova Rd
E Magnolia St
Lilac Ln
Martinez St
N Mason St
El
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St
W Plum St
L
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gleaf Ln
Trujillo St
Mas
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Ct
Rivend
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Dr
Lopez Ct
Eastdal
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D
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Poudre River Dr
Li
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ter Dr
Rembrandt Dr
Locust Ct
La Garita Ln
Baum St
Sangre De Cristo Ln
Kenroy Ct
E Magnolia St
E Laurel St
Frontage Rd
E Laurel St
Pine St
Downtown Development Authority Boundary
Parcels
DDA Boundary Printed: October 01, 2017
1 inch = 1,320 feet
.
0 0.125 0.25 0.5 Miles Amended: March 7, 2017
ATTACHMENT 1
6.1
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Attachment: Boundary Map (8337 : DDA Budget 2020)