HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/03/2019 - 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
December 3, 2019
(amended 12/2/2019)
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
5:30 p.m.
A. Proclamation Declaring December 10, 2019, as International Human Rights Day.
B. Proclamation Declaring December 1-7, 2019, as Homelessness Awareness Week.
C. Proclamation Declaring November 25-December 10 as 16 Days of Activism Against Gender
Violence.
D. Proclamation Recognizing the First United Methodist Church for its partnership with the City to benefit
Eastside Park.
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 October 15 and November 5, 2019 Regular Council
Meetings and the November 12, 2019 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the October 15 and November 5, 2019 Regular
Council meetings and the November 12, 2019 Adjourned Council meeting.
2. Second Reading of Ordinance No. 139, 2019, Appropriating Prior Year Reserves for the Purchase of
Property on West Vine Drive.
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates prior
year reserves in the Storm Drainage Fund to purchase a portion of the property at 1337 West Vine
Drive. This parcel is needed in order to construct the West Vine Outfall, which is part of the approved
West Vine Basin Master Drainage Plan.
3. Second Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City
Funds to Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees Waived
for the Mason Place Affordable Housing Project.
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates funds
from the Affordable Housing Capital Fund in the Community Capital Improvement Program and
General Fund reserves to reimburse certain City departments and Housing Catalyst for fees that were
waived for the Mason Place affordable housing project.
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4. Items Relating to Purchase of Vehicles.
A. First Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of Life
Diesel Vehicles and Associated Charging Equipment.
B. First Reading of Ordinance No. 142, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body-on-Chassis Style
Buses.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through
the Clean Air Act Settlement program administered by Colorado Department of Public Health and
Environment (CDPHE) and to reappropriate lapsing funds. Transfort was awarded funding through
CDOT’s Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alternatively
fueled vehicles and two depot chargers. Settlement funds can be used to cover 110% of the
incremental cost of purchasing an alternatively fueled vehicle compared with a new diesel vehicle.
Transfort plans to replace two end-of-life diesel revenue transit buses with two new zero-emission
vehicles (ZEV), purchase two depot chargers, and replace three end-of-life diesel cutaway buses with
three alternative fuel vehicles. Settlement funds do not require a local match.
5. First Reading of Ordinance No. 143, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Horsetooth Outlet Project and Related Art in Public Places.
The purpose of this item is to request an appropriation of $3.2 million from Water Fund Reserves to
design and construct a project to provide a temporary backup water supply pumping system during a
planned October-November 2020 closure by Northern Water of the Soldier Canyon Dam Outlet
pipeline from Horsetooth Reservoir (Horsetooth Outlet Project). The pipeline provides water to the two
drinking water treatment plants serving the City of Fort Collins and surrounding areas, serving about
250,000 people. The pumping system is intended as an emergency backup supply system to the
primary Cache la Poudre River (Poudre River) water supply during the 60-day planned outage of the
Soldier Canyon Dam Outlet pipeline. The City will be reimbursed 58% of the project costs by the project
partners at the conclusion of construction. The City’s final contribution will be $1.4 million of the $3.2
million total project cost.
6. First Reading of Ordinance No. 145, 2019, Adopting the 2020 Classified Employees Pay Plan.
The purpose of this item is to recommend the 2020 City Classified Employee Pay Plan. Classified jobs
are grouped according to job functions, a business practice commonly used by both the public and
private sectors. Pay ranges are developed by career group (management, professional,
administrative, operations & trades) and level for each job function. The result of this work is a City
Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the
level, within each career group and function. Actual employee pay increases are awarded through a
separate administrative process in accordance with the budgeted amount approved by Council.
7. First Reading of Ordinance No. 146, 2019, Adopting the 2020 Larimer County Regional Transportation
Capital Expansion Fee Schedule.
The purpose of this item is to adopt the 2020 Larimer County Regional Transportation Capital
Expansion Fee schedule.
8. First Reading of Ordinance No. 147, 2019, Authorizing the Exchange of Stormwater Easements
Between the City of Fort Collins and John C. Graham and Ginger L. Graham.
The purpose of this item is to authorize an exchange of stormwater easements across portions of
property located in the Southwest Quarter of Section 6, Township 7 North, Range 68 West of the 6th
P.M: a stormwater easement from the City of Fort Collins to John C. Graham and Ginger L. Graham
(consisting of 5,749 square feet located on City property) and a stormwater easement from John C.
Graham and Ginger L. Graham to the City of Fort Collins (consisting of 34,885 square feet) and a
City of Fort Collins Page 5
temporary construction easement (consisting of 22,235 square feet) would be exchanged. As
consideration for the easements on the Graham property the City would convey the easement across
City property and the Stormwater Utility would agree to apply the balance of the difference between
the value of the two easements to Stormwater Plant Investment Fees (PIF) and monthly stormwater
fees for a hay barn built by the Grahams within the City limits, instead of additional cash consideration.
The City’s receipt of the easements across the Graham property is consideration for the easement
across City property and the credited stormwater fees.
9. Resolution 2019-108 Approving the Midtown Business Improvement District 2020 Budget and
Operating Plan.
The purpose of this item is to approve the Midtown Business Improvement District (BID) 2020 budget
and operating plan. The Midtown BID includes parcels fronting South College Avenue from Drake
Road in the north to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway
between East Swallow Road and South College Avenue.
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. Trail and Roadway Improvements Benefiting K-12 Students in Northwest Fort Collins. (staff:
Nancy NIchols, Tessa Greegor)
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (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.
City of Fort Collins Page 6
10. Resolution 2019-109 Adopting the City's 2020 Legislative Policy Agenda. (staff: Tyler Marr; 5 minute
staff presentation; 15 minute discussion)
The purpose of this item is to consider and adopt the City's 2020 Legislative Policy Agenda. Each year
the Legislative Review Committee develops a legislative agenda to assist in the formation, analysis,
and advocacy of pending legislation and regulation. The Legislative Policy Agenda is used as a guide
by Council and staff to determine positions on legislation and regulation pending at the state and
federal levels and as a general reference for state legislators and the City’s congressional delegation.
The Legislative Review Committee recommended adoption of the 2020 agenda at its November 5
meeting.
11. Resolution 2019-110 Creating a Council Committee to Make Selection Process Recommendations to
the Council, Commencing the Process to Select a Search Firm, and Adopting a Plan and Target
Schedule for the Recruitment and Selection of a Chief Judge. (staff: Jamie Heckman, Kelly DiMartino;
10 minute discussion)
The purpose of this item is to begin the Chief Judge recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the Chief Judge Selection Process Committee
to develop recommendations to the Council for the recruitment and selection of a Chief Judge.
11. Consideration of a motion to adjourn into executive session. (Rescheduled to January 7, 2020)
"I move that the City Council go into executive session, as permitted under Article Two, Section Eleven
of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(roman number one), for the purpose of continuing the annual reviews of the Chief Judge,
City Manager and City Attorney."
12. First Reading of Ordinance No. 148, 2019, Amending Section 2-606 of the Code of the City of Fort
Collins and Setting the Salary of the Chief Judge. (staff: Jamie Heckman; 2 minute staff presentation;
5 minute discussion)
RESCHEDULED TO JANUARY 7, 2020
The purpose of this item is to establish the 2020 salary of the Chief Judge. City Council met in
executive sessions on November 12 and 19, 2019 and may meet in another executive session on
December 3, 2019, to conduct the performance review of Chief Judge Kathleen Lane. This Ordinance
sets the 2020 salary of the Chief Judge.
13. First Reading of Ordinance No. 149, 2019. Amending Section 2-581 of the Code of the City of Fort
Collins and Setting the Salary of the City Attorney. (staff: Jamie Heckman; 2 minute staff
presentation; 5 minute discussion)
RESCHEDULED TO JANUARY 7, 2020
The purpose of this item is to establish the 2020 salary of the City Attorney. City Council met in
executive sessions on November 12 and 19, 2019, and may meet in another executive session on
December 3, 2019, to conduct the performance review of Carrie Daggett, City Attorney. This
Ordinance sets the 2020 salary of the City Attorney.
14. First Reading of Ordinance No. 150, 2019. Amending Section 2-596 of the Code of the City of Fort
Collins and Setting the Salary of the City Manager. (staff: Jamie Heckman; 2 minute staff
presentation; 5 minute discussion)
RESCHEDULED TO JANUARY 7, 2020
The purpose of this item is to establish the 2020 salary of the City Manager. City Council met in
executive sessions on November 12 and 19, 2019 and may meet in another executive session on
December 3, 2019, to conduct the performance review of Darin Atteberry, City Manager. This
Ordinance sets the 2020 salary of the City Manager.
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CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Consideration of a motion to select a second alternate for the Northern Front Range Metropolitan
Planning Organization (NFRMPO) Committee.
B. Consideration of a motion to adjourn into executive session.
“I move 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 manner in which particular policies, practices
or regulations of the City related to the use of email may be affected by existing or proposed
provisions of federal, state or local law, as permitted under City Charter Article II (Roman Numeral
Two), Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-
402(4)(b).
C. 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.)
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 Universal Declaration of Human Rights was adopted by the United
Nations on December 10, 1948; and
WHEREAS, it was the first time a document declaring human rights and fundamental
freedoms was adopted by an international organization, and it continues to have universal value
in defending and advancing people’s rights; and
WHEREAS, America’s commitment to individual freedom and democracy provides the
foundation for our society and the Bill of Rights serves to guide our people and our government
to ensure basic human rights and liberties; and
WHEREAS, as a community, we are committed to upholding these principles and
making Fort Collins a place where all citizens have the opportunity to voice their opinions,
practice their faith, and enjoy the blessings of freedom; and
WHEREAS, our community will find encouragement in rallying together to defend
human rights. By working together to advance the rights of all people, we will help to build
mutual trust and harmony for all individuals in our community.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim December 10, 2019, as
INTERNATIONAL HUMAN RIGHTS DAY
in the city of Fort Collins and hereby encourage all residents, businesses, and institutions to
recognize International Human Rights Day 2019 by observing our nation’s Bill of Rights and
pledging to uphold the universal principles of liberty and justice that define our dreams and
shape our hopes as we face the challenges of a new era.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, thousands of individuals experience homelessness in Fort Collins each
year, including more than 1,000 students in the Poudre School District. Right now, more than
300 of our residents are sleeping outside, in shelters or in their vehicles; and
WHEREAS, homelessness is a complex, community crisis and people become homeless
for many reasons, including a lack of affordable housing, unemployment or underemployment,
physical disabilities, substance-use disorders, mental health issues, domestic violence and more;
and
WHEREAS, the City of Fort Collins is committed to a future in which homelessness is
rare, short-lived and non-recurring. We can solve this crisis if we collaborate across sectors and
invest wisely in best-practice interventions that help people secure and retain housing; and
WHEREAS, the City actively fosters this vision through its support of local nonprofits
and other key stakeholders in government, business, education, the faith community and
elsewhere who collaborate and implement evidence-based solutions each day; and
WHEREAS, the Murphy Center for Hope, operated by Homeward Alliance, is the hub
of services for people who are homeless or-at risk in Fort Collins, hosting 20 independent
nonprofits that collectively provide more than 40 services to thousands of individuals each year;
and
WHEREAS, in its ongoing effort to expand community awareness about the issue of
homelessness, promote critical dialogue, inspire solution-oriented action and unite the
community-those with housing and those without-the Murphy Center is hosting multiple events
during the first week of December, including two feature events: the Murphy Center Community
Dinner on December 6 and the Mission to Hope Walk on December 7.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare the week of December 1 through December 7, 2019 as
HOMELESSNESS AWARENESS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 9
PROCLAMATION
WHEREAS, the Zonta Club of Fort Collins, along with citizens of our community,
recognizes the worldwide problem of violence against women occurs even here in Fort Collins;
and
WHEREAS, gender violence is traumatic to the body, mind, and spirit and can prevent
people from being fully active participants at home and in their communities; and
WHEREAS, gender violence costs the US billions of dollars annually in medical
expenses, police and court costs, shelters and foster care, sick leave, absenteeism and non-
productivity; and
WHEREAS, despite progress, we need only read newspapers, watch a television
newscast, or view social media to see the unfortunate truth that gender violence has not yet been
eliminated here or around the world; and
WHEREAS, we support efforts of individuals and organizations to raise awareness,
stimulate discussion, and advocate for local solutions that will curb gender violence; and
WHEREAS, the right of women and men to be free of violence is a fundamental human
right; and
WHEREAS, Zonta Club of Fort Collins collaborates with other non-profits in Fort
Collins to bring about awareness and advocate to eliminate violence against the person.
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim November 25-December 10 as
16 DAYS OF ACTIVISM AGAINST GENDER VIOLENCE
and urge citizens to join with the Zonta Club of Fort Collins in supporting efforts to end gender
violence and to eliminate the detrimental consequences gender violence has on the well-being of
our community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 10
PROCLAMATION
WHEREAS, the City of Fort Collins has long been the beneficiary of philanthropic
partnerships in a commitment to expand and deepen City programs and services; and
WHEREAS, First United Methodist Church sought to celebrate its founding in 1869 and
150 years of service to Fort Collins through a lasting investment in our community; and
WHEREAS, First United Methodist Church forged a partnership with the City of Fort
Collins to identify Eastside Park as the recipient of park improvements that will increase the
neighborhood’s use of the park and improve park functions including increased lighting, soft
surface paths, game tables, and ongoing neighborhood events; and
WHEREAS, First United Methodist’s leadership brought together the City of Fort
Collins, neighboring businesses, community groups and a passionate, talented fundraising
committee; and
WHEREAS, First United Methodist Church championed the refurbishment of Eastside
Park, hosted neighborhood meetings and events, worked with community partners and many
generous church members to raise $245,000 in charitable support; and
WHEREAS, this partnership exemplifies community co-creation which makes this city
one of the nation’s most desirable places to live and work.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
recognize
FIRST UNITED METHODIST CHURCH
for its commitment and contribution of $245,000 to Eastside Park and the City of Fort Collins.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 11
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 15 and November 5, 2019 Regular Council
Meetings and the November 12, 2019 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the October 15 and November 5, 2019 Regular
Council meetings and the November 12, 2019 Adjourned Council meeting.
ATTACHMENTS
1. October 15, 2019 (PDF)
2. November 5, 2019 (PDF)
3. November 12, 2019 (PDF)
1
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City of Fort Collins Page 284
October 15, 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
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda and noted the Linden
Street renovation project conversation will occur under Other Business.
• PUBLIC COMMENT
Stacy Lynne complained about a City employee’s actions.
Amber Mornes, Whaler's Cove, expressed concern about the safety of the Lemay and Whaler's
Way intersection and requested a study be completed to examine the intersection.
Susie Wilmer, Old Firehouse Books, opposed the loss of parking that may result from the Linden
Street redevelopment project and opposed the late communication with area businesses regarding
the project.
Shay Murphy, Whaler's Cove, expressed concern about the safety of the Lemay and Whaler's Way
intersection.
Todd Lentz, Whaler's Cove, requested a study be done on the Lemay and Whaler's Way
intersection, noting many students cross the intersection daily.
Renee Walkup commended Council and discussed the Hughes Stadium property rezoning. She
suggested Council wait on making a recommendation for the zoning until after the December and
January Land Use Code amendment meetings.
Eric Sutherland discussed Municipal Court proceedings and stated City Attorney Daggett routinely
misinforms Council about legal matters.
Pastor Newhall questioned why the County mental health facility has yet to be built, why services
there will not be free of charge, and why Fort Collins is not contributing more funds.
Holly Wright expressed support for the A1 alternative for the Linden Street renovation and
discussed the reasons it is the best option.
Jerell Clover, Salus Bath and Body Care, opposed the proposed Linden Street renovation project
that will eliminate parking spaces stating it will negatively affect economic vitality of downtown.
Adam Eggleston stated he has heard no public support for the proposed Linden Street renovation
project that will eliminate diagonal parking.
1.1
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Attachment: October 15, 2019 (8496 : minutes-10/15, 11/5, 11/12)
October 15, 2019
City of Fort Collins Page 285
Rich Stave questioned the public notice requirements for boards, noting he received notice of a
joint board and commission meeting 24 hours prior to the meeting with no location information.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers discussed Pastor Newhall's comments and stated there are mental health
issues that need to be addressed in the community. He commented on the Imagine Zero meeting
he attended.
Councilmember Pignataro requested staff input regarding the Lemay and Whaler's Way
intersection. City Manager Atteberry replied staff will respond in writing shortly and encouraged
the citizens who spoke about the issue to talk to Martina Wilkinson, Assistant City Traffic
Engineer.
Councilmember Cunniff requested staff input regarding the Hughes Stadium property rezoning
timeline. City Attorney Daggett replied the rezoning process requires notice be provided and any
change to the process would need to be examined for compliance with statutes. She suggested
Council hold its hearing on November 5.
Mayor Pro Tem Stephens commented on the mental health tax funding issues noting $2 million
has already been put into the community for that work. The mental health facility is proceeding
as planned and services can be covered for individuals who are struggling to pay.
• CONSENT CALENDAR
Eric Sutherland withdrew Item No. 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, from the Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
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. (Adopted)
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.
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Attachment: October 15, 2019 (8496 : minutes-10/15, 11/5, 11/12)
October 15, 2019
City of Fort Collins Page 286
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. (Adopted)
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. (Adopted)
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.
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. (Adopted)
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. (Adopted)
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. 123, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Spring Creek Sanitary Trunk Sewer Project and Related Art in Public
Places. (Adopted)
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
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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.
7. 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. (Adopted)
The purpose of this item is to adopt a routine revision to Section 26-724 of City Code Chapter 26
pertaining to Utility Services.
8. 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. (Adopted)
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.
9. Resolution 2019-104 Making Appointments to the Youth Advisory Board of the City of Fort
Collins. (Adopted)
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
• STAFF REPORTS
A. Teaching Tree (staff: Adam Molzer)
Adam Molzer, Lead Specialist, Social Sustainability, discussed the Teaching Tree Childcare
expansion at 424 Pine Street that was made possible in part by the City granting the facility an
extended lease for $50 per month and funding pre-construction costs. He showed a video produced
by United Way that speaks to the collaboration that led to the formation of the facility.
Mayor Pro Tem Stephens commended the partnership and project.
• COUNCILMEMBER REPORTS
Councilmember Cunniff reported Councilmembers met with state legislators, the Colorado
Municipal League Policy Committee, and the Legislative Review Committee regarding the 2020
Legislative Policy Agenda. Platte River Power Authority Board wanted Council to be notified of
its resolution related to Board representation.
Councilmember Pignataro reported on the Winning with Women event in Denver and mentioned
the whitewater park grand opening event.
Councilmember Gorgol reported on a housing conference in Keystone related to affordable and
attainable housing in the state.
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Mayor Pro Tem Stephens reported on the Interfaith Council's 40
th
anniversary celebration, the
Walk for Down's Syndrome, her service on a renewable energy panel at CSU, her talk at a
Soroptimist's meeting, and the whitewater park opening.
Councilmember Gutowsky reported on the Timberline Recycling Center's third anniversary
celebration, the whitewater park opening and the ARC of Larimer County town hall meeting.
Mayor Troxell reported on the whitewater park opening, the 30
th
anniversary celebration of the
Abyssinian Community Church, a visit to Harvest Farm, a visit by the Society of Environmental
Journalists to Fort Collins, and the dedication of Poudre Fire Authority's ossuary at Grandview
Cemetery.
• DISCUSSION ITEMS
10. Items Relating to 2020 Utility Rates. (Adopted on First Reading)
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.
Randy Reuscher, Utility Rate Analyst, stated this item consists of four rate ordinances: electric,
water, wastewater, and stormwater. There is an overall 5% rate increase for electric, a 2% increase
for stormwater, and no overall change for water and wastewater. He discussed the criteria used
for determining rate changes and stated an average customer's bill will increase about $4 per month
with all four services. He noted there are several programs available for customers who need
financial assistance.
Rick Coen stated the City needs a paradigm shift in the way it approaches rates, especially within
the context of the Climate Action Plan goals. He suggested solar customers should be thanked for
their assistance in reaching those goals and stated true net metering should be utilized.
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Adam Eggleston asked about the effects of time of use rates on average customers' bills and
expressed concern about the gradual increase in Fort Collins' cost of living.
Polly Nol stated the increasing overall rates do not correspond to the net metering credit rates for
residential solar and are devaluing efforts to contribute to the City's Climate Action Plan goals.
Rich Stave expressed concern regarding the equitability of the rate structures and stated a report
on time of use rates should have occurred prior to a rate increase.
Pete Eberle, Northern Colorado Renewable Energy Society, commented on the compromise
reached on the solar export rate and the creation of the distributed energy resource working group.
Mayor Troxell stated the distributed energy resource planning endeavor is just beginning and noted
Platte River Power Authority must work with all four member communities. He agreed rate classes
have been obscure and not aligned with the desired system benefit outputs.
Councilmember Cunniff asked if a large portion of the electric rate increase is due to the fact that
previous years’ increases were capped per policy, resulting in a carryover. Reuscher replied a rate
strategy has been adopted wherein rate increases are limited to no more than 5%. The 2020
increase includes a certain amount of increase that was needed in 2019. Reserves have been slowly
brought down over the past decade rather than passing rate increases on to customers and this
increase is intended to address the operating income shortfall.
Councilmember Cunniff asked if this rate increase is independent of the rate structure
encompassed by time of day/tiered rates. Reuscher replied in the affirmative.
Councilmember Cunniff noted a full report on the time of use rate structure will be forthcoming.
He expressed concern that the equitability of the rate classes is not obvious to the layperson and
stated more effort may need to be put into educating individual consumers. He requested
additional information prior to Second Reading and also requested information regarding the
impact of the rate changes to customers who are not part of the City's water utility.
Councilmember Cunniff asked if there is some type of device available for customers to look at
their energy use in real time. John Phelan, Energy Services Manager, replied there is a rental
program through the library and similar devices can be purchased.
Councilmember Gorgol asked if the discounted rate for the Income Qualified Assistance Program
will be increased. Reuscher replied the discounted rate for the program is 23% if the household
qualifies for LEAP and that percentage will not change for 2020.
Councilmember Gutowsky asked when the report on time of day rates will be presented. Lance
Smith, Utilities Financial Planning and Accounting Director, replied that report will be presented
during the first quarter of 2020.
Councilmember Pignataro requested a brief description of the compromise reached regarding
solar. Smith replied a number of meetings with the Colorado Solar and Storage Association have
occurred, resulting in the presented proposal.
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Mayor Troxell stated the time of day rate is having a measurable impact on reducing the peak load
on the entire system thereby reducing the need for the requirements of meeting peak load. He also
discussed his participation in a panel conversation entitled “Grid Forward”.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 125, 2019, on First Reading.
Mayor Pro Tem Stephens noted this was part of the recommended budget and was therefore
expected. She noted the utilities are not for-profit entities and stated she would support changes
to the Income Qualified rates.
Councilmember Cunniff agreed with Mayor Pro Tem Stephens’ comments and asked if annual use
differences will soon be available on customers’ bills. Lisa Rosintoski, Utilities Customer
Connections, replied that type of utility bill history should be available in the second quarter of
2020 with the new utility billing system. Additionally, a new user portal should be created as well.
Councilmember Gutowsky asked if there is a possibility of averaging bills across months on an
annual basis. Rosintoski replied in the affirmative.
RESULT: ORDINANCE NO. 125, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 126, 2019, on First Reading
RESULT: ORDINANCE NO. 126, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 127, 2019, on First Reading.
RESULT: ORDINANCE NO. 127, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 128, 2019, on First Reading.
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RESULT: ORDINANCE NO. 128, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
11. 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. (Adopted on First Reading)
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.
Mike Beckstead, Chief Financial Officer, discussed the integration of the budget and the City’s
leadership system which works to align the budget and operating plan with community needs and
Council priorities. He stated this item would provide minor adjustments to the 2020 budget.
Lawrence Pollack, Budget Director, detailed the budget revision process and revision offers. He
noted the revision process is not the magnitude of the full budgeting for outcomes process which
is why there is less public outreach.
Eric Sutherland asked about a reduction in the operating total for transit services and stated there
is a need for additional support of commuter transit. He requested an explanation of the $5.6
million charge for capitalized interest for the Connexion broadband fund. He questioned why the
business plan could not be optimized to reduce that large expense.
Mayor Troxell requested staff input regarding Mr. Sutherland’s questions. Beckstead replied there
are no adjustments to transit in this 2020 revision process so he would need to research the details
of the overall 2-year budget to answer that question. Pollack replied the budget reduction relates
to medical premiums, fuel charges, and the shifting of a bus purchase. He clarified there is no
reduction in transit service for 2020.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 129, 2019, on First Reading.
Councilmember Cunniff commended the updates to the mid-cycle budget revision process.
Mayor Pro Tem Stephens agreed and commended the aspect of the process that begins to
implement the priorities of the new Council.
Mayor Troxell commended the budget process and the coherent approach to aligning resources
with community outcomes.
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RESULT: ORDINANCE NO. 129, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
12. 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. (Adopted on First Reading)
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.
Eric Sutherland questioned the interaction of the DDA budget with the tax increase proposed by
Poudre School District on the November ballot. He requested the DDA return additional funds it
might receive as the result of a favorable vote on the tax increase back to the school district. He
stated the DDA tax increment finance diversions have no basis in law.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 122, 2019, on First Reading.
Councilmember Cunniff requested a memo from the DDA regarding processes in the case of
subsequent tax increases prior to Second Reading.
RESULT: ORDINANCE NO. 122, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmember Cunniff received Council support to bring forward any necessary action for
Council to enable it to add clarification around various open meetings questions to the Colorado
Municipal League policy agenda.
Councilmember Cunniff stated he wanted to provide some clarity around Council's opinions
related to the Linden Street revisions. He expressed concern no data analysis or policy making
has yet to occur around downtown parking issues.
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Mayor Pro Tem Stephens expressed support for the 1A plan and stated the future of city design is
to pull cars away from the city center. The plan would make the area very pedestrian and multi-
modal friendly and additional wayfinding to parking garages could be beneficial in many ways.
Councilmember Pignataro stated it appears no compromise was made at all. A robust crossing
plan for Jefferson Street needs to be put in place if this is to be a gateway to the River District.
City Manager Atteberry stated there has been significant coordination between the Colorado
Department of Transportation (CDOT) and the City related to Jefferson Street.
Chad Crager, Planning, Development and Transportation Acting Deputy Director, discussed the
history of the Linden Street project, its proposed design, and public outreach. He noted the A1
alternative was a direct result of meetings with Linden Street businesses and property owners. The
City will work with CDOT to continue pavers across Jefferson and create bulb-outs to reduce the
crosswalk distance. Regarding parking loss mitigation, Crager stated 17 of the 30 spaces have
been relocated nearby, there is the potential for additional parking on Jefferson, and the fee
structure for the Old Firehouse Alley will be changed. Additionally, wayfinding and an overall
downtown parking marketing campaign will be implemented prior to the construction of the
project.
Mayor Troxell expressed support for the A1 alternative and stated there will hopefully be other
options regarding existing private parking lots.
Councilmember Gutowsky stated the local businesses are fragile and expressed concern that this
plan does not support them. She also expressed concern about the availability of handicapped
parking and parking for those with mobility needs.
Mayor Pro Tem Stephens stated this plan looks more appealing for pedestrian shoppers and is a
more attractive space for the businesses.
Mayor Troxell discussed the success of city center and pedestrian mall developments in Europe.
Councilmember Summers commended staff on their public outreach efforts but expressed concern
the time it will take to accomplish may be detrimental to the businesses.
Councilmember Cunniff suggested design not start until no net loss of on-street parking spaces
within a 2-block radius has been identified. He discussed a failed attempt at a pedestrian-only area
in Los Cruces, New Mexico. He supported the overall vision; however, he noted vehicles are the
primary mode of transportation and people do not like parking structures or the electronic check-
out process.
Councilmember Summers asked about the construction timeline. Crager replied this is a
conceptual design; the next step is to design to around 30% and bring on a contractor to work with
the designer. The hope is to begin construction in late spring 2020 with a planned completion by
late summer or fall 2020.
City Manager Atteberry asked Crager about the possibility of arriving at a net zero loss solution.
Crager replied it would likely take a conversation with CDOT about allowing parking on Jefferson
to make that happen within a 2-block radius.
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City Manager Atteberry stated he would not want to lose the project over 13 parking spaces and a
delay of a year would result in construction inflation of 5-8%; however, it is Council's prerogative
to opt for a different solution.
Mayor Troxell encouraged the inclusion of private parking in the discussion.
(Secretary's Note: Mayor Troxell left the meeting at 8:56 p.m.)
Councilmember Summers suggested making parking garages free for 2 hours during the transition
time of getting people more familiar with the garages and suggested employee parking be
incentivized in garages.
Councilmember Cunniff supported the ideas of incorporating private parking and changing the
policy discussion around the parking garages. He expressed concern about the businesses directly
around the corner from Linden Street that will not benefit from the improvements. He would be
willing to accept a no net loss of free and easy to access parking spaces for customers specifically.
Councilmember Summers asked about the possibility of a Downtown Development Authority
(DDA) partnership. Matt Robenault, DDA Executive Director, replied there are always
partnership opportunities. He noted the DDA has supported on-street paid parking and that will
be considered if a partnership request is formally structured.
City Manager Atteberry stated he is optimistic this feedback can lead to a no net zero parking loss.
Councilmember Gorgol requested and received Council support to direct the City Manager to have
a plan put together regarding policy direction prior to the March work session on affordable
housing. City Manager Atteberry replied with some details as to what staff will present, including
information related to inclusionary zoning, impact fees, down payments, and the land trust.
• ADJOURNMENT
The meeting adjourned at 9:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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November 5, 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
Staff present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Ken Christensen requested Council adopt City Park Master Plan 2 with scenario B for safety
improvements. He discussed the public process leading to the recommendation.
Eric Sutherland commented on Item No. 11, Resolution 2019-105 Expressing Support for
Legislation by the Colorado General Assembly Regarding Executive Sessions for Matters
Pertaining to Issues of Competition in Providing Local Telecommunications Facilities and
Services, stating its adoption illustrates a lack of knowledge about American government on the
part of the City. He claimed Council is being misinformed about legal matters.
Kevin Cross, Fort Collins Sustainability Group, stated the City ignores the emissions of fluorinated
gases when it reports communitywide greenhouse gas emissions are 14% below 2005 levels. He
urged the City to do everything it can to track and reduce the emission of fluorinated gases.
Kimberly Chambers thanked the City and Council for requiring respectful workplace training and
for its proclamations related to LGBTQIA issues. She requested the City provide some leadership
in providing space for LGBTQIA non-profit organizations.
Forrest Carlson discussed a circuit court case brought by homeless residents in Boise, Idaho. The
court ruled to overturn the City’s camping ban in that case. He opposed the treatment of homeless
individuals in Fort Collins.
William Cutcher thanked Council and law enforcement for their work. He announced a run for
the U.S. House of Representatives for the 2
nd
District of Colorado.
William Montgomery stated he was wrongfully convicted of being in a park in 2015 when he was
actually on a sidewalk. He stated he is collecting signatures on a petition related to the issue.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted Item No. 11, Resolution 2019-105
Expressing Support for Legislation by the Colorado General Assembly Regarding Executive
Sessions for Matters Pertaining to Issues of Competition in Providing Local Telecommunications
Facilities and Services, ensures transparency related to Council emails.
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Councilmember Cunniff asked about Mr. Cross’ comments related to fluorinated gases and
suggested their output could be tracked in current inventories or in a separate parallel inventory.
He asked if the City Manager would need direction from Council to do that. Jackie Kozak-Thiel,
Chief Sustainability Officer, replied the last direction received from Council was to ensure
transparent reporting of this data; fluorinated gases will be listed as a specific sector of industrial
emissions in the upcoming report though it will be presented separately from the general
community inventory.
Mayor Pro Tem Stephens requested additional background information about fluorinated gases.
Kozak-Thiel replied these gases are more potent than other greenhouse gases and are therefore
regulated at a federal and state level.
• CONSENT CALENDAR
An unidentified citizen withdrew Item No. 6, Items Relating to 2020 Utility Rates, from the
Consent Agenda.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the October 1, 2019 Regular Council Meeting and
the October 8, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the October 1, 2019 regular Council meeting
and the October 8, 2019 adjourned Council meeting.
2. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, adopts 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.
3. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, sets the 2020 Downtown
Development Authority (DDA) Budget.
The following amounts will be appropriated:
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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.
4. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, appropriates $656,500
from the Wastewater Fund cash reserves to replace 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.
5. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends Section 26-724
of City Code, Chapter 26, pertaining to Utility Services to provide inclusivity for low-income customers,
focusing on qualification criteria and program descriptions.
6. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends the adopted
2020 Budget and 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.
7. Items Relating to the 2019 Fee Update. (Adopted)
A. First Reading of Ordinance No. 130, 2019, Amending Chapter 7.5 of the Code of the City of Fort
Collins to Implement the Phase III Increases for the Capital Expansion Fees and Increase for
Inflation the Capital Expansion Fees and the Transportation Expansion Fee.
B. First Reading of Ordinance No. 131, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 132, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Sewer Plant Investment Fees.
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D. First Reading of Ordinance No. 133, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Stormwater Plant Investment Fees.
E. First Reading of Ordinance No. 134, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Plant Investment Fees.
F. First Reading of Ordinance No. 135, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Water Supply Requirements Fee.
The purpose of this item is to review fee updates associated with Electric Capacity Fees, Water Supply
Requirement Fees, Wet Utility Plant Investment Fees (PIFs) and Step III of the 2017 Capital Expansion
Fees (CEFs). Fee updates have been reviewed by Council Finance Committee twice, and at the
November 8th Council Work Session Council was fully supportive of brining fees forward for Council
adoption. Staff met with nine organizations across the City in the summer of 2019 and overall
organizations were supportive of the approach and cadence.
Coordination of Council approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2019 fee
update, fee phasing will be complete with regular two and four-year cadence updates beginning in
2021.
2019 fee updates include: Electric Capacity Fees, Water Supply Requirement Fees, Wet (Water,
Wastewater and Stormwater) Utility Plant Investment Fees and Step III of the 2017 Capital Expansion
Fees.
Staff proposes the following fee changes:
• Wet Utility PIFs as proposed
• Electric Capacity Fees as proposed
• Water Supply Requirement Fee as proposed
• 100% of proposed 2017 Capital Expansion Fees (Step III)
• Transportation Capital Expansion Fees (inflation only)
Development Review/Building Fees were initially planned to be part of the 2019 update but have been
decoupled and will come forward once finalized.
8. First Reading of Ordinance No. 136, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify the Application of Certain Water-Related Fees to Different Forms of Fraternity
and Sorority Housing. (Adopted)
The purpose of this item is to amend Chapter 26 of the City Code to clarify the application of certain
water-related fees to different forms of fraternity and sorority housing.
9. First Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to
Facilitate the Replatting of the Lot on which the City's Foothills Activity Center is Located.
(Adopted)
This item approves the exchange of deeds between the City, the developer of the Foothills Mall (the
“Mall”) and the owner of the Macy’s store in the Mall. This exchange of deeds is needed to replat the
lot on which the City’s Foothills Activity Center (the “FAC”) is now located to eliminate small
encroachments that currently exist between the City’s FAC lot and adjacent properties owned by the
Mall developer and Macy’s. This replatting will remove these encroachments and ensure that the FAC,
as built, is located entirely and correctly within the City’s replatted lot.
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10. Resolution 2019-105 Expressing Support for Legislation by the Colorado General Assembly
Regarding Executive Sessions and Electronic Communications Under the Colorado Open
Meetings Law. (Adopted)
The purpose of this item to consider a resolution requested by the City Council supporting potential
legislation by the General Assembly supporting potential legislation by the Colorado General Assembly
that confirms and expressly permits the City and other cities, town, or municipalities to hold executive
sessions to consider matters pertaining to issues of competition in providing telecommunications
facilities and services. These matters could include negotiations, strategic planning, pricing, sales and
marketing, development phasing in addition to any other matter allowed under the Colorado Open
Meetings Law or the Colorado Open Records Act. The Resolution also supports potential legislation
clarifying the extent to which use of electronic mail by elected officials to discuss pending legislation
or other public business among themselves is considered a “meeting” under that Law so that elected
officials can effectively use this now common-place communication technology within appropriate
transparency requirements and other reasonable limitations.
• END CONSENT
• STAFF REPORTS
A. Staff Report: Fort Collins Utilities Smart Energy Provider Designation (Staff: John Phelan)
John Phelan, Energy Services Senior Manager, discussed Fort Collins' official designation as a
Smart Energy Provider by the American Public Power Association. The designation supports the
City's strategic alignment regarding climate and high performing government goals. Fort Collins
was one of 60 utilities that received the inaugural designation this year.
Mayor Troxell and Councilmember Cunniff congratulated Mr. Phelan and the utility.
• COUNCILMEMBER REPORTS
Mayor Troxell reported on Councilmembers who met with Congressional leaders in Washington,
D.C. He participated in a Drone Advisory Committee meeting during that trip.
Mayor Pro Tem Stephens reported on the Read-a-Thon event at Shepardson Elementary School,
the Board and Commission appreciation event, and the upcoming “Reimagining Boards and
Commissions” work. She also reported on attending the Eye Ball, which benefits the Insight
Vision Program and noted the downtown lights have been lit for the holiday season.
Councilmember Gorgol reported on the Health District's input sessions for the top health issues in
the region.
Councilmember Gutowsky reported on attending the Health District’s key leaders and seniors’
meetings, as well as the White House Roundtable meeting about the opioid epidemic.
Mayor Troxell thanked the Downtown Business Association and Downtown Development
Authority for their contribution to the downtown lights.
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• DISCUSSION ITEMS
11. First Reading of Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property Known as the Hughes Stadium
Site Rezoning and Approving Corresponding Changes to the Residential Neighborhood Sign
District Map. (Adopted on First Reading)
The purpose of this item is to rezone 164.55 acres located on the west side of Overland Trail and north
of CR32 (parcel # 9720100913) with one condition and to place the property into the Residential Sign
District. City Council initiated the rezoning on July 16, 2019 and directed City staff to prepare a
rezoning application and make a recommendation regarding the appropriate zoning. The site is
currently zoned Transition (T) and staff recommends placement into the Residential Foothills (RF) and
Low-Density Mixed-Use Neighborhood (LMN) zone districts. A recommended condition of the rezone
requires that future development in the portion zoned Residential Foothills district meet the
requirements of a Cluster Plan pursuant to Land Use Code Section 4.3(E)(2). The request places the
property into the Residential Sign District. The Planning and Zoning Board on a 4-2 vote
recommended that City Council not adopt the staff proposed zoning and instead zone the property
entirely Residential Foothills.
Mayor Troxell requested information as to any possible conflicts of interest.
Councilmember Cunniff stated he lives in the notification area for this project; however, he did
not believe he has any financial interest that is different from others and that it will not bias his
examination of the issue.
Mayor Pro Tem Stephens stated she is an employee of Colorado State University; however, she
has neither financial nor personal interest in the outcome of this item and feels she can give an
unbiased opinion.
Mayor Troxell stated he is an employee of Colorado State University and he also has no financial
interest in this project which is at the system level of the University. He noted he received an
advisory opinion from the Ethics Review Board regarding a stadium issue indicating there was no
conflict with his participation.
Mayor Troxell addressed procedural issues and identified speakers.
Tom Leeson, Community Development and Neighborhood Services Director, outlined the staff
recommendation for the property zoning, stating it is based on a number of factors and input from
various stakeholders.
Cameron Gloss, Long-Range Planning Manager, outlined the history of the property and discussed
its physical characteristics. He detailed various plans and policies that influenced the staff
recommendation and outlined various scenarios that were presented. The Planning and Zoning
Board disagreed with the staff recommendation and recommended a Residential Foothills zone for
the entirety of the property, with the condition that the development would be clustered consistent
with Land Use Code requirements.
Gloss discussed the public input process, including the neighborhood meeting. Primary comments
received involved increasing the amount of open space on the site and dealing with traffic and air
quality impacts. He outlined the differences between the staff recommendation and Planning and
Zoning Board recommendation and discussed both in relation to the triple bottom-line analysis.
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Mike Hooker, Colorado State University System, read a letter from Tony Frank, CSU System
Chancellor, in support of Lennar Homes’ proposal for development and a zoning decision that will
allow that proposal to move forward.
Kevin Jones, Fort Collins Area Chamber of Commerce, discussed the need for attainable and
affordable housing in the community, noting this site provides an opportunity for that type of
development. The Chamber requested Council not zone any portion of the site Residential
Foothills.
Mark DiGregorio, Save Our Stadium, supported the Planning and Zoning Board’s
recommendation to zone the entire property Residential Foothills with a different clustering
requirement.
Nick Fry noted there is no requirement for affordable or attainable housing on this site.
Bonnie Ayer questioned whether there is capacity for additional students in the Poudre School
District schools in the area, stating class size is a key factor in school outcomes.
Sean Dougherty stated a Residential Foothills zoning would provide no opportunity for affordable
or attainable housing on the site and made suggestions related to transit opportunities. He
questioned why the City is superseding the normal development process by initiating this zoning.
Tom Farnsworth supported the Planning and Zoning Board recommendation.
Reilly Snider discussed the importance of natural areas and stated they should be prioritized above
inequitable housing.
Adam Eggleston, Fort Collins Board of Realtors, encouraged Council to take a forward-thinking
approach to this zoning. Any zoning that would set density below medium-density, mixed-use
neighborhood would go against the stated position of improving affordability and attainability of
housing options throughout the community.
Joe Rowan discussed the importance of equity, inclusion, and justice and stated Council does not
have the authority to zone this property.
Rebecca LaPole suggested the possibility of using a portion of the land for a wildlife rehabilitation
center and opposed higher density zoning.
Tom Schipper opposed the staff recommendation.
Lindsay Morgan stated Council should focus on saving this rare and special place in the
community.
George Bishop stated CSU has been a bad corporate neighbor.
Layla Smith stated the Hughes site is special and there is not enough infrastructure to handle the
existing population and approved developments.
Susan Wannamaker expressed safety concerns related to foothills fires and supported the Planning
and Zoning Board recommendation.
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Karen Collabity stated the debt incurred by moving the stadium is being funded by taking away
this state-owned land. Lennar Homes is not a reputable homebuilder.
Colleen Silan stated she moved here in part because of the continuous nature of the open space
and requested Council take ecology into account.
Patricia Babbitt expressed concern about the lack of foresight regarding development and read a
statement from CSU acknowledging the land is the traditional ancestral homelands of the Arapaho,
Cheyenne, and Ute nations.
John Mercer stated he moved to Fort Collins because of its open space buffers and he supported
the Planning and Zoning Board recommendation.
Martha Zook discussed the public support of maintaining the land as open space and discussed the
ongoing developments in the city. She expressed concern about traffic and air pollution.
Ted Walkup stated his concern about this redevelopment centers around livability and
sustainability. Citizens do not want a dense development on the site and are concerned about
degraded air quality, overconsumption of water, marginalization of natural areas, safety,
congestion and traffic.
Lisa Baughn stated she does not believe this housing will be developed as affordable for CSU
employees. Lennar Homes is not honoring the public outcry on nature and social issues and
suggested Council approach CSU with an offer to purchase the property with funds from the state
and Natural Areas.
Barbara Denny supported the Planning and Zoning Board recommendation.
Melissa Rosas stated there has been large support for keeping the area as open space and she
submitted two petitions related to that support. The contracted sales price between CSU and
Lennar Homes is $10 million and a Natural Resources Department staff member admitted there is
more than enough funding available to purchase the site as a natural area for that same price.
Renee Walkup stated there is much speculation that there are protected species on this land;
however, an environmental impact study has yet to occur. A School Board representative indicated
existing schools in the area are at capacity for K-5
th
grade students. She requested Council
represent the citizens in this matter.
Mary Grant requested Council agree to keep the Hughes property in Transition zoning until either
the state agrees to abide by the zoning established by the City, or the property is sold, and the state
no longer has any interest in the property. She supported a Residential Foothills zoning and
opposed the process to this point.
Doug McAllister stated this development, along with others, will have a negative effect on traffic.
Liz Donovan stated a low-density development feels highly exclusionary and contrary to the
feeling of an open and inclusive community. Fort Collins has an opportunity to strive toward
housing equity by leaning in to propose creative solutions.
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Marc McKee commented on housing density on the west side of Overland Trail and stated the
staff-recommended density is not in keeping with the precedent set by historical zoning in the area.
Zoning the property 90% Residential Foothills is consistent with the rest of the property west of
Overland Trail.
Rachel Shoemaker stated schools in this area are already overcrowded and expressed concern
about the extra traffic the development would bring. She supported leaving the site as open space.
Rex Miller stated the proposed zoning is an effort to push the value of the property over the
artificial $10 million threshold. The zoning has no relationship to existing area developments.
Tamra Muere commented on the number of homes that could be allowed with the proposed zoning
and expressed concern that CSU can ultimately do what it wants with the property. She would
like CSU to follow zoning recommendations and requested Council listen to its constituents.
Yvonne Bias expressed concern about losing the ecology and beauty of the area and supported
only low-density development on the east side of the property.
Kent Pedersen, Lennar Homes, stated his organization will continue to work with CSU to provide
a structure that will result in attainable housing for the community. They would like to work with
the City to help make this a great community.
Lonna Miller stated she and her husband have lived just north of the property for 47 years and she
talked about the variety of wildlife on the site.
Pam Jones stated Lennar Homes is a national builder and suggested the characteristics of the sales
agreement are much more transactional than the comments that have been made about the value
of the site. She supported the Planning and Zoning Board recommendation.
Barbara Heffington stated that while she would prefer the land be left as an open space, she could
support the Residential Foothills non-cluster development.
Rory Heath stated this property has a rich history and suggested additional assurances the public
outreach is heard should be made.
Rich Stave questioned who owns the land and why an immediate decision regarding zoning needs
to be made.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Gloss clarified there is a requirement for four housing types as part of low-density mixed-use
neighborhood zoning; however, that does not change the density limit which is between 4-9 units
per acre with a maximum of up to 12 units per acre if the project is certified as affordable housing.
He also clarified the proposed zoning would only allow up to 800 homes at the very maximum.
Regarding natural habitat comments, an ecological characterization study would be required upon
the submittal of any development application. The study would identify habitat, special features,
protected species, or species of concern. The result of that study could very well impact the
footprint and nature of any development that would occur.
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Martina Wilkinson, Assistant City Traffic Engineer, stated there is not yet a submittal of a traffic
impact study as a development has yet to be submitted. If and when a submittal is made to the
City, it must prove the development meets level of service standards for vehicular, bicycle, and
pedestrian travel as well as the adequate public facilities standards.
Councilmember Pignataro thanked citizens for input on this item. She asked if the next iteration
of MAX will be on West Elizabeth. Gloss replied in the affirmative, stating CSU is also currently
working on a transit center at the intersection of Elizabeth and Overland Trail.
Councilmember Pignataro asked if there is any way to mandate the location of the clustering.
Gloss replied there are no provisions in the Land Use Code for regulating that; however, it may be
possible to add that as a condition. City Attorney Daggett replied Council could more specifically
define the clustering that is suggested and the condition in the ordinance as presented. She
cautioned that it would be beneficial to ensure any modification has been carefully reviewed.
Councilmember Pignataro asked if the clustering must occur in one cluster or if it can occur in
multiple clusters. Gloss replied there are no specific mandates for a certain pattern of clustering.
Councilmember Pignataro asked what tools are available to ensure the inclusion of affordable
housing. Gloss replied zoning cannot guarantee affordable housing.
Councilmember Pignataro asked if this is the only large piece of vacant land in the Growth
Management Area that is serviced by City Utilities. Gloss replied the number of parcels is
gradually becoming more limited, but he would not make that general statement.
Councilmember Summers noted the likely price point for a house on 2 acres as would be
recommended by the Residential Foothills zoning is high. He requested a review of the existing
open spaces and trails. John Stokes, Natural Resources Director, replied there are over 800 acres
of publicly owned open space, not including water, and 14 miles of trail within a one-mile radius
of the Hughes Stadium site.
Councilmember Summers asked if the proposed zoning will impact access to those areas or trails.
Stokes replied the Lennar proposal shows a connection to Maxwell Natural Area on the northwest
corner of the property. It is likely there would be additional use of the area, but not likely additional
parking pressure.
Mayor Troxell asked how the staff recommendation relates to the July 16 recommendation. Gloss
replied Council directed staff to prepare a recommendation and it developed options based largely
on City Plan.
Councilmember Gorgol asked about the ecological impacts of a non-clustered Residential
Foothills development versus a Low-Density Mixed-Use Neighborhood development. Gloss
replied a detailed analysis has not been conducted; however, water consumption for attached
housing is significantly lower than it is for larger single-family lots and there might be slightly less
solid waste with smaller units.
Councilmember Gorgol asked about the number of proposed homes for a South College
development. Rebecca Everette, Development Review Manager, replied there was an article in
the Coloradoan that referenced an additional 1,800 units potentially proposed in that area which
could result in an additional population of 5,000 new residents. She noted the majority of the
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development projects referenced in the article are still in the conceptual stage and in most cases
have yet to submit formal applications for review.
Councilmember Gorgol asked if Council would have more room to address affordable housing
goals after the submittal of a development plan. Gloss replied the development would go before a
hearing officer or the Planning and Zoning Board and staff would consider affordability as an
element of the review. He noted a qualified affordable housing project could result in up to 12
units per acre within the LMN portion of the site.
Mayor Pro Tem Stephens asked if there is any type of commitment from CSU related to affordable
housing. Gloss replied there has been mention of attainable housing.
Mayor Pro Tem Stephens requested staff confirmation that a development would not remove any
natural areas. Stokes replied in the affirmative.
Mayor Pro Tem Stephens asked about the value of the land and whether purchasing it would be a
good use of resources for the Natural Areas Department. Stokes replied a variety of factors are
considered, including connectivity to other conserved lands and the portfolio of existing conserved
lands in an area. Staff decided quite some time ago to not pursue purchasing the land given the
amount of publicly owned open space in the area and other conservation opportunities and
priorities as defined in the Natural Areas Master Plan.
Mayor Pro Tem Stephens requested staff input regarding safety. Poudre Fire Authority Chief Tom
DeMint replied the first review of a development involves an evaluation of points of access and
this project has six points of access. Additionally, there is access to the Maxwell Open Space for
wildfire suppression. He stated fully sprinkling the development would make it quite safe and
would lessen the potential for wildfire.
Mayor Pro Tem Stephens asked how the lines were drawn between the staff proposed zoning
districts. Gloss replied that decision was based on the original Foothills Plan.
Mayor Troxell asked if the stormwater detention is inside or outside the proposed development.
Gloss replied it is internal to the site and any development would have to accommodate those
flows. The existing detention is large enough to serve the development.
Councilmember Gutowsky requested an estimate of the number of units that would result from the
staff recommended zoning. Gloss replied it would be between 450 and 650 units, with the likely
number being 550 or fewer given site constraints.
Councilmember Gutowsky asked about the $10 million figure. Leeson replied that number is a
contractual agreement between CSU and Lennar and the City is not privy to how that number was
generated.
Councilmember Gutowsky asked if there is a certain number of homes that need to be promised
to Lennar for them to commit to the project. Leeson replied staff is not aware of the answer to that
question.
Councilmember Cunniff asked if there is any way to require affordable or attainable housing under
the Land Use Code. Leeson replied there is no way to require it.
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Councilmember Cunniff asked if it is true to state the median house price has increased as the
population has increased. Leeson replied he believes that statement is true.
Councilmember Cunniff commented on high housing costs in densely populated areas and stated
housing near the city's natural areas tends to be priced higher. Stokes agreed.
Councilmember Cunniff stated he does not believe this housing could be attainable as the market
will drive costs up.
Councilmember Cunniff asked if it is true that around 8,000 units have been roughly planned for
the northeast part of town. Leeson replied in the affirmative.
Councilmember Cunniff noted 10-15% of those units will be affordable as enforced through the
metro district mechanism on some developments. He stated his belief that factors outside of
Council’s control will dictate whether this housing is attainable or affordable.
Mayor Troxell stated supply does influence price and discussed the importance of providing all
types of housing in the community. Councilmember Cunniff replied this is a desirable community;
therefore, demand continues to outstrip supply.
Mayor Troxell stated he does not want to make the community less desirable and discussed the
importance of balancing a very desirable place with a place people can afford to live.
Councilmember Gorgol asked about the timeline for the buildout of the aforementioned 8,000
homes. Leeson replied it will be decades before those are built out.
Councilmember Gorgol asked about the estimated population growth during that time. Leeson
replied the annual population growth has been just under 2% annually; therefore, the likely
population will be about 250,000 over the next 30 years.
Councilmember Gorgol asked what type of zoning would allow the City more leverage in gaining
affordable or attainable housing. Leeson replied the LMN zone would allow greater opportunity
for attainable housing.
Councilmember Gorgol noted one of the goals of City Plan was to provide a wider variety of
housing types. Leeson replied in the affirmative, noting one goal is to fulfill the missing middle
housing type.
Councilmember Gutowsky asked if there is any plan to widen Overland Trail. Wilkinson replied
the level of service will be evaluated if and when a proposal is submitted and noted pinch points
tend to be intersections; therefore, at this point, the Master Street Plan shows Overland Trail as
being appropriately classified.
Councilmember Pignataro questioned how additional density would provide leverage for
affordable housing. Leeson replied additional density would not provide leverage but the LMN
zoning would provide additional opportunity for attainable housing as it requires four different
housing types. There are no requirements in the zoning code for deed-restricted affordable housing
nor for attainable housing.
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Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 138, 2019, on First Reading.
Councilmember Cunniff stated he does not agree with the zoning designation but commended the
community process. He believes it is better for Council to be involved in the zoning of Transition
zones. He discussed concerns with the urban wildland interface and the possibility of purchasing
the connector between Maxwell and Pineridge at some point in the future. He would like the
development to be worthy of the site.
Mayor Pro Tem Stephens stated Council participating in this zoning decision makes sense, given
the site and discussed the benefits of the scaling and clustering in the staff recommendation.
Councilmember Gorgol stated she will support the motion as staff's recommendation is a good
compromise. She stated low-density zoning is exclusive and higher density supports things like
transit.
Councilmember Pignataro discussed the community's feelings about this site and noted there are
no tools available to guarantee attainable housing.
Councilmember Gutowsky discussed the community's feelings around protecting the open space
and commented on visiting the area. CSU could create a legacy and donate the land for open
space. She did not support the motion.
Mayor Pro Tem Stephens pleaded with CSU to commit to providing affordable housing.
Mayor Troxell stated he would support the motion given the staff recommendation's basis in City
Plan.
RESULT: ORDINANCE NO. 138, 2019, ADOPTED ON FIRST READING [4 TO 3]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Gorgol, Summers, Stephens, Troxell
NAYS: Pignataro, Gutowsky, Cunniff
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
12. Items Relating to 2020 Utility Rates. (Adopted on Second Reading)
A. Second 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. Second 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. Second 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. Second 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.
These Ordinances, unanimously adopted on First Reading on October 15, 2019, adjust monthly
charges for electric, water, wastewater, and storm water services in 2020. The revenue requirements
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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.
Melinda Armstrong, Clean Energy Collective, discussed concerns related to the proposed electric
rate changes and discussed a 2014 contract between the Fort Collins Utility and the Clean Energy
Collective called the Renewable Generator Power Purchase Agreement. The proposed rate
change, if applied to the agreement, would negatively change how bill credits are calculated in
breach of the agreement. She requested clarification that the rights of Clean Energy Collective
and its Fort Collins customers under the agreement will not be negatively affected by the proposed
2020 rate changes.
Rich Stave commented on the time of day rates and asked where any resulting monetary benefit
would get priced into the rate increase. He also questioned why rate information is not available
on the Utility web page and stated he was unable to get the energy monitor from the library to
work.
R. Cook Cloninger stated she lives in a totally electric home and commented on the unfairness of
time of use rates for all electric homes. The form that is required to be completed for all electric
homes does not accurately reflect the amount paid and she opposed the proposed increase.
Councilmember Pignataro asked when the time of day rates presentation will come before Council.
Lance Smith, Utilities Strategic Finance Director, replied the time of use began last October and
customers are now receiving their 12
th
bill. After data analysis, a report will be brought before
Council in the first quarter of 2020.
Councilmember Pignataro requested that report be presented as early in the quarter as possible.
City Manager Atteberry replied that will occur.
Councilmember Pignataro asked if this rate increase involves catching up. Smith replied he would
not characterize it that way; however, over the past several years, the Electric Enterprise Fund has
run with an operating loss and the 5% increase is intended to generate enough operating revenue
to offset operating expenses.
Councilmember Pignataro asked if the operating loss was ever a result of Council not supporting
a rate increase. Smith replied in the negative and stated cash reserves were being used to offset
the loss.
Councilmember Summers asked about a special rate for all electric homes. Smith replied there is
a tiered time of use rate that applies to most residential customers. Residential customers in all
electric housing are also subject to a time of use rate, but not to the 700-kilowatt hour tier.
Councilmember Summers asked if it would be possible to look at instituting a special rate for all
electric homes. Smith replied there is a separate rate and staff will provide an analysis of the
comparison.
Councilmember Cunniff noted the time of use rates were somewhat of a pilot program and the
results of the study will provide information related to disproportionate impacts. He asked for
staff clarification regarding the Clean Energy Collective agreement. John Phelan, Energy Services
Manager, replied the staff recommendation is that Council would proceed with the adoption of the
1.2
Packet Pg. 37
Attachment: November 5, 2019 (8496 : minutes-10/15, 11/5, 11/12)
November 5, 2019
City of Fort Collins Page 309
rate ordinance as proposed and adopted under First Reading and the issues with the Clean Energy
Collective concerning differences in the interpretation of the power purchase agreement will be
dealt with on a separate track.
Councilmember Cunniff requested staff provide options to help customers understand their hourly
use even if they are not technologically savvy.
Mayor Pro Tem Stephens asked if staff is available to work with customers who are concerned
about their bills. Lisa Rosintoski, Utilities Customer Connections, replied in the affirmative.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 125, 2019, on Second Reading.
RESULT: ORDINANCE NO. 125, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 126, 2019, on Second Reading.
RESULT: ORDINANCE NO. 126, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 127, 2019, on Second Reading.
RESULT: ORDINANCE NO. 127, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 128, 2019, on Second Reading. Yeas: Troxell, Cunniff, Gorgol, Gutowsky,
Summers, Pignataro and Stephens. Nays: none.
THE MOTION CARRIED.
RESULT: ORDINANCE NO. 128, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
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Attachment: November 5, 2019 (8496 : minutes-10/15, 11/5, 11/12)
November 5, 2019
City of Fort Collins Page 310
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support to examine decriminalizing
Election Code offenses.
• ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, November 12, 2019, for the annual evaluations
of the City Manager, City Attorney and Chief Judge.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on Tuesday, November 12, 2019, in order to consider a motion to go into executive session
to conduct annual performance reviews of Council's direct report employees 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 10:16 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.2
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Attachment: November 5, 2019 (8496 : minutes-10/15, 11/5, 11/12)
City of Fort Collins Page 311
November 12, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• CALL MEETING TO ORDER
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
A. Consideration of a Motion to Adjourn Into Executive Session.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to go into
executive session for the purpose of conducting annual performance evaluations of the Chief
Judge, City Attorney, and City Manager.
Mike Pruznick shared concerns about the City's solar program and related obstacles, various issues
the City has faced over the years and new ones that have surface, failed sustainability efforts, the
City stealing money from his spouse in relation to Utility rates, being denied the opportunity to sit
on an advisory committee, and the City Manager's performance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Councilmembers discussed what has been done in response to a fatal accident that killed a student
in a crosswalk near Lopez Elementary School. A zero-death resolution from 2017 was mentioned
as was the possibility of public outreach related to slowing down and being more aware. Council
requested a memo on the issue and encouraged collaboration with Poudre School District.
Councilmembers discussed a request from neighbors for speed bumps on Wabash Street and
requested staff follow up.
Councilmembers decided to hold the executive session at the end of the November 19 meeting
rather than at 5:00 p.m. as was originally planned.
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Attachment: November 12, 2019 (8496 : minutes-10/15, 11/5, 11/12)
November 12, 2019
City of Fort Collins Page 312
• ADJOURNMENT
The meeting adjourned at 10:12 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.3
Packet Pg. 41
Attachment: November 12, 2019 (8496 : minutes-10/15, 11/5, 11/12)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Theresa Connor, Water Engineering Field Operations Mgr
Lance Smith, Utilities Strategic Finance Director
Shane Boyle, Civil Engineer III
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 139, 2019, Appropriating Prior Year Reserves for the Purchase of Property
on West Vine Drive.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates prior year
reserves in the Storm Drainage Fund to purchase a portion of the property at 1337 West Vine Drive. This
parcel is needed in order to construct the West Vine Outfall, which is part of the approved West Vine Basin
Master Drainage Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (PDF)
2. Ordinance No. 139, 2019 (PDF)
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Packet Pg. 42
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY November 19, 2019
City Council
STAFF
Theresa Connor, Water Engineering Field Operations Mgr
Lance Smith, Utilities Strategic Finance Director
Shane Boyle, Civil Engineer III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 139, 2019, Appropriating Prior Year Reserves for the Purchase of Property on
West Vine Drive.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate prior year reserves in the Storm Drainage Fund to purchase a portion
of the property at 1337 West Vine Drive. This parcel is needed in order to construct the West Vine Outfall, which
is part of the approved West Vine Basin Master Drainage Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Much of the West Vine Basin, located in western Fort Collins generally along West Vine Drive and Laporte
Avenue, was developed in the County prior to stormwater and floodplain regulations being adopted. For this
reason, there is significant potential for flooding in the basin during a large rainstorm event. The City’s
Stormwater Master Drainage Plan for the West Vine Basin identifies improvements that would help to mitigate
and convey flood flows through the basin to the Poudre River while minimizing the flooding potential to residents,
businesses, and major roadways. The West Vine Outfall project is a vital component of that master plan and
would limit the extents of the mapped floodplain to the proposed outfall channel and regional detention pond.
A portion of the property at 1337 West Vine Drive lies within the proposed alignment for the West Vine Outfall
project and is currently for sale. (Attachment 1) The purpose of this Ordinance is to appropriate funds for the
purchase of the portion of the property that is needed in order to construct the West Vine Outfall project. If the
City does not purchase the property, it may be sold to a third party and developed, which would hinder the City’s
ability to construct this important Stormwater project. The approach to flood mitigation in the West Vine Basin
would need to be altered to utilize large culverts under Vine Drive and would not allow an opportunity to create
a connective trail and greenway.
Recent projects and property acquisition in the area that are part of the West Vine Outfall include construction
of a portion of the West Vine Outfall from Vine Drive to the Poudre River in 2013-2014 and acquisition of the
future regional detention pond property in 2012.
ATTACHMENT 1
2.1
Packet Pg. 43
Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8492 : SR 139 Stormwater Property Acquisition-Vine
Agenda Item 4
Item # 4 Page 2
CITY FINANCIAL IMPACTS
This off-cycle request is for $255,000 from Stormwater Reserves. Current balance in Stormwater Reserves is
$3,800,000.
BOARD / COMMISSION RECOMMENDATION
At its September 19, 2019 meeting, the Water Board voted unanimously (8-0) to recommend approval of the off-
cycle budget offer not to exceed $280,000 for the acquisition of a portion of the property at 1337 West Vine Drive
for the West Vine Basin Master Drainage Plan.
ATTACHMENTS
1. Location Map (PDF)
2. Water Board minutes, September 19, 2019 (PDF)
2.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8492 : SR 139 Stormwater Property Acquisition-Vine
-1-
ORDINANCE NO. 139, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE
PURCHASE OF PROPERTY ON WEST VINE DRIVE
WHEREAS, the City’s Stormwater Master Drainage Plan for the West Vine Basin
identifies improvements needed to mitigate and convey flood flows through that basin to the
Poudre River, reducing the flooding potential to residents, businesses and major roadways; and
WHEREAS, the West Vine Outfall Project (the “Project”) is a major component of the
Master Drainage Plan; and
WHEREAS, the City has entered into an agreement to purchase approximately 1.5 acres
of a larger parcel of land located at 1337 West Vine Drive for the Project, contingent on
appropriation by the City Council of sufficient funds to purchase the property by January 29, 2020;
and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of helping to protect lives and public and private
property from flood hazards; 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, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Storm
Drainage Fund and will not cause the total amount appropriated in the Storm Drainage Fund to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS 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 Storm
Drainage Fund the sum of TWO HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($255,000)
for expenditure in the Storm Drainage Fund for the purchase of a portion of the property at 1337
West Vine Drive.
2.2
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Attachment: Ordinance No. 139, 2019 (8492 : SR 139 Stormwater Property Acquisition-Vine Drive)
-2-
Introduced, considered favorably on first reading, and ordered published this 19th day of
November, A.D. 2019, and to be presented for final passage on the 3rd day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.2
Packet Pg. 46
Attachment: Ordinance No. 139, 2019 (8492 : SR 139 Stormwater Property Acquisition-Vine Drive)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City Funds to
Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees Waived for the Mason
Place Affordable Housing Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 19, 2019, appropriates funds from the
Affordable Housing Capital Fund in the Community Capital Improvement Program and General Fund reserves
to reimburse certain City departments and Housing Catalyst for fees that were waived for the Mason Place
affordable housing project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (PDF)
2. Ordinance No. 140, 2019 (PDF)
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Packet Pg. 47
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY November 19, 2019
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City Funds to
Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees Waived for the Mason
Place Affordable Housing Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate funds from the Affordable Housing Capital Fund in the Community
Capital Improvement Program and General Fund reserves to reimburse certain City Departments and Housing
Catalyst for fees that were waived for the Mason Place affordable housing project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council approved percentage-based Affordable Housing fee waivers for the Mason Place permanent
supportive housing project being developed by Housing Catalyst on First Reading on July 16, 2019 and on
Second Reading on August 20, 2019. This development will offer 60 units targeted to residents making no more
than 30% area median income. The 2019 income limits published by the U. S. Department of Housing and Urban
Development for 30% of the Fort Collins AMI is $18,350 for a household of 1 and $20,950 for a household of 2.
The units at Mason Place will be primarily one-bedroom units with a few two-bedroom units. Households at this
income level are some of the City’s most vulnerable residents. Most of the residents will be escaping
homelessness and have disabilities. This development will be located at 3750 South Mason Street, the site of
the former Midtown Arts Theatre. See attachment 1 for map of location.
In addition to fee waivers, Mason Place received more than $1.1M of HOME and Community Development Block
Grant funding from the City’s Competitive Process and almost $900,000 in direct capital assistance from the
Affordable Housing Capital Fund from the Community Capital Improvement program. Here is a summary of the
City’s investment in this project:
Project Total City
Investment
Total Development
costs
% City
Support
Total Waiver
Amount
Waiver per
qualifying unit
Mason Place (60:60) $2,326,081 $18.7 M 12% $326,081 $5,435
The percentage of units qualifying for the waiver, in this case 100%, was approved by Council before the fee
amounts were finalized. Council approved fee waivers not to exceed $330,000. The amounts are now final, and
the amount of the total fee waiver is $326,081.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8493 : SR 140 Mason Place Fee Waivers)
Agenda Item 5
Item # 5 Page 2
Details of foregone revenue due to fee waivers:
Fee Amount
Building Permit Fees $31,977
Demo Permit Fees $50
Total foregone revenue $32,027
Details of fees received to be refunded to Housing Catalyst:
Fee Amount
Development Review Fees $5,000
Major Amendment Fees $3,206
Mailing Fees $204
Sign Posting Fees $50
Plan Check Fees $15,397
Total refund to developers $23,857
It is the City’s practice to reimburse the fee accounts for capital expansion and utility fees that are waived. For
Mason Place, a total of $270,197 is needed to reimburse capital expansion and utility fee funds. A breakdown
of that amount follows:
Fee Amount
Fire Capital Expansion $13,695
General Government Capital Expansion $4,271
Parkland: Community $139,560
Parkland Neighborhood $98,820
Police Capital Expansion $7,698
Sewer Development Review Fee $2,580
Stormwater Development Review Fee $993
Water Development Review Fee $2,580
Total reimbursement amount to departments $270,197
Historically, the City has used unrestricted funds to reimburse the appropriate fee funds for affordable housing
fee waivers. Traditionally the reimbursement of capital expansion fees has come from General Fund reserves.
Funds from the Affordable Housing Capital Fund (AHCF) approved by the voters as part of the City Capital
Improvements Program have also been used to partially match the general fund reserves to reimburse waived
fees. This fund will accumulate $4 million over ten years. While most of the current balance in the AHCF is
already committed to this project, $100,000 was withheld for the purpose of matching general fund reserves for
fee waiver reimbursements. The Council Finance Committee recommended that $100,000 be used from the
AHCF for this reimbursement and that the balance be paid from General Fund reserves.
CITY FINANCIAL IMPACTS
The total fee waiver amount is $326,081. Of that amount, $32,027 is foregone revenue. The remaining $294,054
is comprised of $23,857 to be refunded to Housing Catalyst and $270,197 to be reimbursed to departments as
detailed above. The $294,054 will be funded through an existing $100,000 appropriation in the AHCF within
CCIP, $3,500 will come from an appropriation of reserves in the Transportation Fund and the remaining $190,554
will come from an appropriation of reserves in the General Fund.
BOARD / COMMISSION RECOMMENDATION
At its June 6, 2019 meeting, the Affordable Housing Board supported granting the original waiver request.
(Attachment 2)
3.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8493 : SR 140 Mason Place Fee Waivers)
Agenda Item 5
Item # 5 Page 3
At its June 17, 2019 meeting the Council Finance Committee supported granting the original waiver request.
(Attachment 3)
ATTACHMENTS
1. Location Map (PDF)
2. Affordable Housing Board Minutes, June 6, 2019 (PDF)
3. Council Finance Committee Minutes, June 17, 2019 (PDF)
3.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8493 : SR 140 Mason Place Fee Waivers)
-1-
ORDINANCE NO. 140, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN VARIOUS CITY
FUNDS TO REIMBURSE CAPITAL EXPANSION AND UTILITY
FEE FUNDS AND HOUSING CATALYST FOR FEES WAIVED FOR
THE MASON PLACE AFFORDABLE HOUSING PROJECT
WHEREAS, the Fort Collins Housing Authority, doing business as Housing Catalyst, is
currently developing the Mason Place permanent supportive housing project (the “Project”) in Fort
Collins; and
WHEREAS, on August 20, 2019, the City Council adopted Ordinance No. 096, 2019,
approving the waiver of eligible development review fees, building fees, and capital improvement
expansion fees, in an amount not to exceed $330,000, for the Project; and
WHEREAS, Ordinance No. 096, 2019 also directed the City Manager, once the Project
fees were finalized, to bring forward an ordinance appropriating funds to reimburse the appropriate
funds for the fees waived; and
WHEREAS, historically the City has reimbursed utility funds for utility development
review fees waived, and reimbursed funds for waived capital improvement expansion fees; and
WHEREAS, the final amount of the fees has been calculated and the total amount waived
is $326,081, with $270,197 of that amount being utility fees and capital expansion fees and
$23,857 being fees already paid to be refunded to Housing Catalyst; and
WHEREAS, the City Council desires to appropriate funds to reimburse various Capital
Expansion and Utility Fee funds for waived fees in the following amounts:
Fire Capital Expansion $ 13,695
General Government Capital Expansion 4,271
Parkland: Community 139,560
Parkland: Neighborhood 98,820
Police Capital Expansion 7,698
Sewer Development Review Fee 2,580
Stormwater Development Review Fee 993
Water Development Review Fee 2,580
TOTAL $270,197; and
WHEREAS, the City Council further desires to appropriate funds to refund to Housing
Catalyst the following fees already paid by Housing Catalyst, in the following amounts:
Development Review Fees $ 5,000
Major Amendment Fees 3,206
Mailing Fees 204
3.2
Packet Pg. 51
Attachment: Ordinance No. 140, 2019 (8493 : SR 140 Mason Place Fee Waivers)
-2-
Sign Posting Fees 50
Plan Check Fees 15,397
TOTAL $23,857; and
WHEREAS, building fees in the amount of $32,027 would not be reimbursed; 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, this appropriation benefits public health, safety, and the welfare of the citizens
of Fort Collins; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that these appropriations are available and previously unappropriated from the
Community Capital Improvement Program Fund, the General Fund and the Transportation Fund,
as applicable, and will not cause the total amount appropriated in the Community Capital
Improvement Fund Fund, the General Fund or the Transportation Fund, as applicable, to exceed
the current estimate of actual and anticipated revenues to be received in these funds during the
fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the 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 reserves in the
Affordable Housing Capital Fund within the Community Capital Improvement Program Fund the
sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) to cover a portion of the waived
fees for the Mason Place Affordable Housing Project.
Section 3. That there is hereby appropriated for expenditure from reserves in the
General Fund the sum of ONE HUNDRED NINETY THOUSAND FIVE HUNDRED FIFTY-
FOUR DOLLARS ($190,554) to cover a portion of the waived fees for the Mason Place
Affordable Housing Project.
Section 4. That there is hereby appropriated for expenditure from reserves in the
Transportation Fund the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) to
cover a portion of the waived fees for the Mason Place Affordable Housing Project.
3.2
Packet Pg. 52
Attachment: Ordinance No. 140, 2019 (8493 : SR 140 Mason Place Fee Waivers)
-3-
Introduced, considered favorably on first reading, and ordered published this 19th day of
November, A.D. 2019, and to be presented for final passage on the 3rd day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 53
Attachment: Ordinance No. 140, 2019 (8493 : SR 140 Mason Place Fee Waivers)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr
Drew Brooks, Director of Transit
Chris Van Hall, Legal
SUBJECT
Items Relating to Purchase of Vehicles.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of Life Diesel
Vehicles and Associated Charging Equipment.
B. First Reading of Ordinance No. 142, 2019, Appropriating Unanticipated Grant Revenue from the
Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body-on-Chassis Style Buses.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through the Clean
Air Act Settlement program administered by Colorado Department of Public Health and Environment (CDPHE)
and to reappropriate lapsing funds. Transfort was awarded funding through CDOT’s Consolidated Call for
Capital Projects in 2018 for the purchase of a total of five alternatively fueled vehicles and two depot chargers.
Settlement funds can be used to cover 110% of the incremental cost of purchasing an alternatively fueled
vehicle compared with a new diesel vehicle. Transfort plans to replace two end-of-life diesel revenue transit
buses with two new zero-emission vehicles (ZEV), purchase two depot chargers, and replace three end-of-life
diesel cutaway buses with three alternative fuel vehicles. Settlement funds do not require a local match.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Volkswagen Group of America and certain related entities (collectively Volkswagen or VW) have admitted that
they violated the federal Clean Air Act from 2009 to 2016 by selling vehicles with diesel engines that emitted
more air pollution than the Clean Air Act allows and by cheating on federal emission tests to hide the excess
pollution. VW partially settled its civil liability for these violations of the Clean Air Act by entering two judicial
consent decrees which required VW to pay more than $2.9 billion into an environmental mitigation trust fund,
to be administered by an independent trustee. In Colorado, these funds are overseen by CDPHE and CDOT.
Eligible transit agencies were able to apply, through a competitive process, for these Settlement Funds to
replace diesel vehicles with alternative fueled vehicles.
To better align with the City’s Climate Action Plan goal of becoming carbon neutral by 2050, Transfort began
pursuing funding to replace rolling stock vehicles past their useful life with alternative fuel vehicles. In 2018
Transfort was awarded Congestion Mitigation and Air Quality (CMAQ) funding in the amount of $775,000 by
the North Front Range Metropolitan Planning Organization (NFRMPO) for the purchase of one (1) ZEV and
one (1) charging unit. These funds, along with a local match of $105,000, were appropriated in the 2019/2020
4
Packet Pg. 54
Agenda Item 4
Item # 4 Page 2
Budget in a lapsing business unit. Due to the timing of the awarding of additional funding, the purchase for this
offer will be delayed until 2020; thereby necessitating the re-appropriation of this $880,000 to a non-lapsing
business unit. Transfort applied for Settlement funds in 2018 leveraging these previously awarded CMAQ
funds in order to purchase two (2) ZEVs and two (2) depot chargers. There is no local matching requirement
for Settlement Funds.
Transfort will purchase these ZEVs and depot chargers from an existing state purchasing schedule. This
procurement method will meet all federal and state purchasing guidelines while expediting the process. In
conjunction with Operation Services, Transfort has already begun the planning and engineering design
process to upgrade the Transfort Maintenance and Operations Facility’s (TMF) electrical infrastructure in order
to accommodate the electricity demands of depot charging.
EV manufacturers have indicated to Transfort that manufacturing times are currently estimated at 12 - 18
months from time of order. With the goal of executing a contract with a vendor by December 2020, Transfort
would expect to see delivery of its first revenue rolling stock EVs by second or third quarter of 2022.
Transfort was also awarded FASTER (Funding Advancements for Surface Transportation and Economic
Recovery Act of 2009) funding in 2018 in the amount of $197,220 by CDOT to be used to purchase three (3)
cutaway style vehicles. This award is for the “guaranteed” amount of FASTER funding that Transfort receives
from CDOT each year; therefore, the award amount and local match has been budgeted and is in place in the
current Transfort budget in a non-lapsing business unit. Transfort applied for Settlement funds in 2018
leveraging the “guaranteed” amount of FASTER funding that Transfort receives from CDOT each year in order
to upgrade the replacement vehicles from diesel fuel to alternative fuel (propane). There is no local matching
requirement for Settlement Funds. These vehicles are leased to Transfort’s fixed route service contractor to
provide service for Route 33 and the late-night Gold Route.
Transfort will meet all federal and state purchasing guidelines in the procurement of these vehicles and
expects to be able to execute a contract by 3rd quarter of 2020, with expected delivery of vehicles in mid-2021.
There are multiple propane fueling stations available throughout Fort Collins; therefore, Transfort does not
anticipate a risk with contractors having convenient access to fuel.
Settlement Funds stipulate that the end of life diesel vehicles being replaced are scrapped, which includes
cutting the frame rails in half and drilling a three-inch (3”) hole through the engine block. This ensures the air
quality improvements that are pivotal to the funding program are realized, as the vehicles will no longer be
drivable. Transfort has a plan in place for scrapping all five (5) identified vehicles.
CITY FINANCIAL IMPACTS
The following is a summary of the project funding and estimated budgets:
Project 1: ZEV Purchase and Associated Charging Infrastructure
Prior Appropriated Lapsing Funds (19/20 BFO - Offer 45.11)
Prior Appropriated Federal Funds (CMAQ Grant) $775,000
Prior Appropriated Local Matching Funds $105,000
Total Prior Lapsing Appropriation $880,000
Prior Appropriated Non-Lapsing Funds
Prior Appropriated CCIP funds $25,012
Funds to be Appropriated with this Action
Settlement Funds to be Appropriated - ZEVs $937,640
Settlement Funds to be Appropriated - Chargers $200,000
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Agenda Item 4
Item # 4 Page 3
Total Funds to be Appropriated per this Action $1,137,640
Total Current Project Funding $2,042,652
Estimated Project Budget Price, Each Ext Price
2x 35’ Zero-Emission Transit Buses $875,911 $1,751,822
2x 150 kWh sequential depot chargers $145,415 $290,830
Total Current Project Budget $2,042,652
Project 2: Alternative Fuel Cutaway Purchase
Prior Appropriated Non-Lapsing Funds (19/20 BFO)
Prior Appropriated State Funds (FASTER) $197,220
Prior Appropriated Local Matching Funds $49,308
Total Prior Appropriation $246,528
Funds to be Appropriated with this Action
Settlement Funds to be Appropriated - Cutaways $116,268
Total Funds to be Appropriated per this Action $116,268
Total Current Project Funding $362,796
Estimated Project Budget Price, Each Ext Price
3x Cutaway Vehicle $120,932 $362,796
Total Current Project Budget $362,796
ATTACHMENTS
1. Scope of Work-Two Electric Bus Settlement and Chargers (draft) (PDF)
2. Scope of Work Settlement Cutaway Vehicles (draft) (PDF)
4
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Statement of Work Page 1 of 8
EXHIBIT A: STATEMENT OF WORK AND CONDITIONS
Project Description 2020-Settlement: Two (2) 35' Battery Electric Bus Replacements
Project End Date December 31, 2023
Subrecipient City of Fort Collins DUNS # 078362597
Contact Name Kaley Zeisel Vendor # 2000023
Address PO Box 580
Fort Collins, CO 805220580
U.S.
Phone # 970-224-6067
Email kzeisel@fcgov.com Indirect Rate N/A
WBS* ALI 11.12.02
11.52.20
Total Project Budget $1,137.640
Settlement Program Funds $1,137,640
Other Grant Program Funds $0.00
Local Funds $0.00
Total Project Amount Encumbered via this Grant Agreement $1,137,640
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Definitions
1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the
qualifying vehicle(s) of like size, capacity, and class.
2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation
Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions
Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary,
including the certain categories of eligible mitigation actions determined appropriate to achieve
the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP.
3. Charging equipment: Devices specifically associated with and required for the operation of the
electric vehicle(s) purchased with Settlement Program funds.
4. Equipment installation: Work and materials associated with and required for the installation of
eligible charging equipment.
5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size,
capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the
incentive formula defined in the BMP.
6. Project Components: All the specifically-identified items that are eligible for purchase with
Settlement Program funding, which may include acquisition vehicle(s), charging equipment, and
equipment installation.
7. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement
which is drivable and has been registered, insured, and operated in Colorado for the previous two
(2) years.
ATTACHMENT 1
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 2 of 8
a. Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit
revenue service miles OR 1,250 or more transit revenue service hours amassed during the
previous two (2) years.
8. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by
the Trust and BMP.
9. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the
qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program
funds be rendered inoperable and available for recycle,, which includes cutting the vehicle(s)
chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1
10. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the
BMP.
B. Project Description
City of Fort Collins shall use 2020 Settlement Program funds to purchase: Two (2) 35' Battery Electric Bus
Replacements and two (2) Electric Chargers as more fully described below. The purchase will support the goals of
the Statewide Transit Plan and the BMP.
1. City of Fort Collins shall use Settlement Program funds to purchase the following Project
Components:
a. Acquisition vehicle(s):
ALI Name QTY Fuel Type Description Amount ADA Compliance
11.12.02 2 Electric (2) ADA Electric 35' Bus
Replacements
$937,640.00 ADA Compliant
b. Charging equipment and equipment installation:
ALI Name QTY Description Amount
11.52.20 2 Two (2) Electric Chargers with Installation $200,000.00
2. The acquisition vehicle(s) identified above shall be purchased to replace two (2) existing,
qualifying vehicle(s) from the list below, subject to CDOT approval, which shall be scrapped
in accordance with this Grant Agreement and the DTR Scrapping Guide:
VIN COTRAMS Inventory # Year Model Make
15GGE181611090424 INV-00006605 2001 Low Floor GIL - Gillig
Corporation
15GGE181811090425 INV-00006606 2001 Low Floor GIL - Gillig
Corporation
C. Performance Standards
1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the
qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant
Agreement.
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 3 of 8
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
6/30/2020
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
12/31/2020
Take Delivery of (First) Vehicle/Equipment/Project Property 6/30/2022
Take Delivery of and Accept All Vehicles/Equipment/Project Property 9/30/2022
Submit Reimbursement Request in COTRAMS 3/31/2023
Scrap The Last Qualifying Vehicle 9/30/2023
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement requests)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2023.
2. City of Fort Collins shall use the Project Components purchased in its transit operations and shall
perform regularly recurring maintenance with specific performance measures tied to City of Fort
Collins’s written maintenance plans, and to those included in manufacturer’s recommendations
and warranty program(s). City of Fort Collins will measure whether this project is successful and
improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agreement. City of Fort
Collins shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met or are anticipated to not be met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. City of Fort Collins must comply and submit all reimbursements and reports associated, including
the assignment of “Colorado Department of Transportation” as the lienholder on the acquisition
vehicle(s) as a condition of project closeout.
5. City of Fort Collins will report the expected date of scrapping of each qualifying vehicle to the
CDOT Project Manager via email or Disposition Authorization (DA) Form in COTRAMS no
less than fourteen (14) calendar days prior to such date.
6. Performance Reporting Requirements:
a. City of Fort Collins agrees to report, to CDOT or its designee, the vehicle metrics used to
measure resulting project air quality benefits at the request of CDOT, which may include
vehicle mileage, usage, charging, or other data readily available through the operation of
the acquisition vehicle(s). City of Fort Collins will be required to report data at a
minimum of annually or at a maximum of quarterly for a period of no less than five (5)
years following the acceptance of each acquisition vehicle.
b. City of Fort Collins further agrees to collaborate with CDOT to support research and
analytical initiatives related to the project that mutually benefit the successful
implementation and operation of the project, which may include, among other things,
sharing with or providing access to CDOT or its designee to telemetric data generated by
the Project Components.
D. Project Budget
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 4 of 8
1. The Total Project Budget is $1,137,640.00. The State will pay no more than the eligible, actual
project costs, up to the maximum amount of $1,137,640.00. The State will retain any remaining
balance of the Settlement Program funds. City of Fort Collins shall be solely responsible for all
costs incurred in the project in excess of the amount paid by the State from Settlement Program
funds for eligible, actual costs. For CDOT accounting purposes, the Settlement Program funds of
$1,137,640.00 will be encumbered for this Grant Agreement.
2. Per the terms of this Grant Agreement, the State shall have no obligation to provide state funds for
use on this project. The State will administer Settlement Program funds for this project under the
terms of this Grant Agreement, provided that the share of Settlement Program funds to be
administered by the State are made available and remain available.
E. Procurement
Procurement of the Project Components will comply with state procurement procedures and the DTR Quick
Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of each of
the Project Components must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain Independent Cost Estimates (ICE) for:
a. the acquisition vehicle(s);
b. the conventional-fueled bus(es) of like size, capacity, and class to the qualifying
vehicle(s) identified for replacement, and
c. the non-vehicle Project Components.
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, City of Fort Collins shall
request a Purchase Authorization (PA), and submit a vendor quote for the Project Components in
COTRAMS.
4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Project
Components is/are ordered, the CDOT Project Manager shall be notified by City of Fort Collins in
COTRAMS of the agreed upon delivery date.
5. Upon delivery, City of Fort Collins shall be responsible for having the Project Components
inspected and accepted within ninety (90) calendar days of delivery. If defects prevent
acceptance of the Project Components, City of Fort Collins will contact the vendor to resolve any
defects and notify CDOT.
6. City of Fort Collins shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the Project Components.
F. Reimbursement Eligibility
Reimbursement for eligible project costs incurred will be paid to City of Fort Collins according to the schedule and
requirements below for those eligible costs incurred during the Grant Agreement effective dates.
Acquisition vehicle(s) component reimbursements:
Phase 1: Request for reimbursement shall be made following City of Fort Collins’s acceptance of and
payment for the acquisition vehicle(s). 80% of final, eligible acquisition vehicle(s) costs will be reimbursed
upon City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each acquisition
vehicle that includes the following completed documents:
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 5 of 8
Independent Cost Estimates (ICE) for the acquisition vehicle and a conventional-fueled bus of like
size, capacity, and class to the qualifying vehicle
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA) with anticipated qualifying vehicle scrapping date
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the lienholder
Invoice
Acquisition Vehicle Cost Reimbursement Worksheet (see Exhibit B, attached hereto)
Proof of registration, insurance, and operation (e.g. preventative maintenance records,
mileage/service hour records) for the previous two (2) years for the specific, identified qualifying
vehicle being replaced by the acquisition vehicle
Proof of Payment
Post Delivery Certifications
Phase 2: Request for reimbursement shall be made within fourteen (14) calendar days of scrapping of the
qualifying vehicle(s). 20% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of
Fort Collins’s submission in COTRAMS of a secondary reimbursement packet for each acquisition vehicle
that includes the following completed documents:
Disposition Concurrence Request (DCR) for the qualifying vehicle
Copy of clean title for the qualifying vehicle
Disposition Authorization (DA) for the qualifying vehicle
Notice of Disposition (ND)
Proof of scrapping, which includes photographs of the scrapped vehicle, certificate of destruction,
or bill of sale from the entity that conducted the scrapping, or other pertinent documents that
substantiate scrapping was completed, as determined by CDOT
Non-vehicle component reimbursements (e.g., charging equipment, installation, etc.):
Request for reimbursement shall be made following City of Fort Collins’s acceptance of and payment for
the non-vehicle Project Component(s). 100% of final, eligible non-vehicle costs will be reimbursed upon
City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each non-vehicle project
component that includes the following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Invoice
Proof of Payment
City of Fort Collins must submit the final invoice within sixty (60) calendar days of December 31, 2021, and submit
a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the
final reimbursement payment.
G. State Interest-Service Life
The State (CDOT) maintains a share of the remaining value of state assisted property upon disposition before the
end of its useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the
provisions of the State Management Plan.
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 6 of 8
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
City of Fort Collins shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any
other party while there is remaining state interest without approval from the CDOT Project Manager.
City of Fort Collins is responsible for making the request to the CDOT Project Manager in a timely manner,
providing appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to
process the release of a lien.
CDOT and City of Fort Collins will work in conjunction with Department of Revenue (DOR) to assure the lien is
released according to state rules.
H. Training
In an effort to enhance transit safety, City of Fort Collins and any subrecipients and subcontractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that
personnel are up to date in appropriate certifications. In particular, City of Fort Collins shall ensure that driving
personnel are provided professional training in defensive driving and training on the handling of mobility devices
and transporting older adults and individuals with disabilities.
I. Safety Data
City of Fort Collins and any subrecipients shall maintain and submit, as requested, data related to bus safety. This
may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth
by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
J. Special Conditions
1. City of Fort Collins will comply with all requirements imposed by CDOT on City of Fort Collins
so that the Settlement Program grant is used in accordance with BMP, state statutes, regulations,
and the terms and conditions of this Grant Agreement.
2. City of Fort Collins must permit CDOT and their auditors to have access to City of Fort Collins’s
records and financial statements as necessary, with reasonable advance notice.
3. City of Fort Collins must scrap one (1) qualifying vehicle for each acquisition vehicle accepted,
and shall complete the scrapping no later than twelve (12) months following the date of
acceptance of the acquisition vehicle replacing it. City of Fort Collins may scrap any qualifying
vehicle(s) at any time prior to acceptance of any acquisition vehicle(s), but shall not scrap any
qualifying vehicle(s) prior to execution of this Grant Agreement.
4. Except as provided in this Grant Agreement, City of Fort Collins shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to execution of this Grant
Agreement.
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 7 of 8
5. City of Fort Collins shall ensure that it does not exclude from participation in, deny the benefits of,
or subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
6. City of Fort Collins shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements for FTA
Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular
4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also
facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by
incorporating the principles of environmental justice in planning, project development and public
outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for
Federal Transit Administration Recipients.”
7. City of Fort Collins will provide transportation services to persons with disabilities in accordance
with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. City of Fort Collins shall develop and maintain an ADA Program in accordance with 28 CFR Part
35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
9. City of Fort Collins shall ensure that it will comply with the Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid,
City of Fort Collins shall require its subrecipients and/or contractors to provide a statement of
written assurance that they will comply with Section 504 and not discriminate on the basis of
disability.
10. City of Fort Collins shall agree to produce and maintain documentation that supports compliance
with the Americans with Disabilities Act to CDOT upon request.
K. Acquisition Vehicle Reimbursement Calculation
The Total Project Amount Encumbered via this Grant Agreement listed above is based on estimated costs known at
the time of execution of this Grant Agreement. Reimbursement for the cost of purchasing the acquisition vehicle(s)
will be made on 110% of the incremental cost, or the difference between the cost of a conventional-fueled bus of
like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and the acquisition vehicle(s).
Thus, the final amount to be reimbursed for the acquisition vehicle(s) will be recalculated prior to reimbursement,
based on eligible, actual costs incurred using the Acquisition Vehicle Cost Reimbursement Worksheet (Worksheet)
attached hereto as Exhibit B. The Worksheet shall be completed and submitted by City of Fort Collins in
COTRAMS as part of the Phase 1 acquisition vehicle(s) reimbursement packet. Once recalculated, the reimbursable
amount of project costs may be less than the Total Project Amount Encumbered via this Grant Agreement, but in no
case shall it be more than such amount.
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 8 of 8
EXHIBIT B: ACQUISITION VEHICLE COST REIMBURSEMENT WORKSHEET
This Worksheet must be completed and submitted by the Subrecipient in COTRAMS with each Phase 1 acquisition
vehicle reimbursement request.
Subrecipient:
Purchase Order #:
Vehicle # (e.g. 1, 2): Reimbursement Request # (e.g. 1, 2)
Cost Reimbursement Calculator:
A Total Eligible Actual Acquisition Vehicle Cost $
B Estimated Cost of a Conventional-Fueled Bus of Like Size, Capacity, and Class to the
Qualifying Vehicle from the ICE
$
C Incremental Cost [A – B] $
D Eligible Actual Acquisition Vehicle Reimbursable Amount [C x 110%] $
E Total Project Amount Encumbered via the Grant Agreement $
F FINAL Total Acquisition Vehicle Reimbursement Amount [lesser of D and E] $
G Phase 1 Acquisition Vehicle Reimbursement Amount (80%) $
H Phase 2 Acquisition Vehicle Reimbursement Amount (20%) $
4.1
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Attachment: Scope of Work-Two Electric Bus Settlement and Chargers (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 1 of 8
EXHIBIT A: STATEMENT OF WORK AND CONDITIONS
Project Description 2020-Settlement: Three (3) 33' ADA LPG BOC Replacements
Project End Date December 31, 2021
Subrecipient City of Fort Collins DUNS # 078362597
Contact Name Kaley Zeisel Vendor # 2000023
Address PO Box 580
Fort Collins, CO 805220580
U.S.
Phone # 970-224-6067
Email
kzeisel@fcgov.com
Indirect Rate N/A
WBS* ALI 11.12.03
Total Project Budget $362,793.00
Settlement Program Funds $116,268.00
FASTER Grant Program Funds $197,220.00
Local Funds $49,305.00
Total Project Amount Encumbered via this Grant Agreement $116,268.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Definitions
1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the
qualifying vehicle(s) of like size, capacity, and class.
2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation
Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions
Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary,
including the certain categories of eligible mitigation actions determined appropriate to achieve
the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP.
3. Charging equipment: Devices specifically associated with and required for the operation of the
electric vehicle(s) purchased with Settlement Program funds.
4. Equipment installation: Work and materials associated with and required for the installation of
eligible charging equipment.
5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size,
capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the
incentive formula defined in the BMP.
6. Project Components: All the specifically-identified items that are eligible for purchase with
Settlement Program funding, which may include acquisition vehicle(s), charging equipment, and
equipment installation.
7. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement
which is drivable and has been registered, insured, and operated in Colorado for the previous two
(2) years.
ATTACHMENT 2
4.2
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Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 2 of 8
a. Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit
revenue service miles OR 1,250 or more transit revenue service hours amassed during the
previous two (2) years.
8. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by
the Trust and BMP.
9. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the
qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program
funds be rendered inoperable and available for recycle, which includes cutting the vehicle(s)
chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1
10. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the
BMP.
B. Project Description
City of Fort Collins shall use 2020 Settlement Program funds to purchase: Three (3) 33' ADA LPG BOC
Replacements as more fully described below. The purchase will support the goals of the Statewide Transit Plan and
the BMP.
1. City of Fort Collins shall use Settlement Program funds to purchase the following Project
Components:
a. Acquisition vehicle(s):
ALI Name QTY Fuel Type Description Amount ADA Compliance
11.12.03 3 LPG Three (3) ADA LPG 33'
BOC Replacement
$116,268.00 ADA Compliant
2. The acquisition vehicle(s) identified above shall be purchased to replace three (3) existing,
qualifying vehicle(s) from the list below, subject to CDOT approval, which shall be scrapped
in accordance with this Grant Agreement and the DTR Scrapping Guide:
VIN COTRAMS Inventory # Year Model Make
4DRASAAL09H042756 INV-00017591 2009 MaxForce INT - International
4DRASAAL29H042757 INV-00017592 2009 MaxForce INT - International
4DRASAAL49H042758 INV-00006620 2009 MaxForce INT - International
C. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
3/31/2020
1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the
qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant
Agreement.
4.2
Packet Pg. 66
Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 3 of 8
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
6/30/2020
Take Delivery of (First) Vehicle/Equipment/Project Property 2/28/2021
Take Delivery of and Accept All Vehicles/Equipment/Project Property 3/31/2021
Submit Reimbursement Request in COTRAMS 5/31/2021
Scrap The Last Qualifying Vehicle 12/31/2021
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement requests)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2021.
2. City of Fort Collins shall use the Project Components purchased in its transit operations and shall
perform regularly recurring maintenance with specific performance measures tied to City of Fort
Collins’s written maintenance plans, and to those included in manufacturer’s recommendations
and warranty program(s). City of Fort Collins will measure whether this project is successful and
improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agreement. City of Fort
Collins shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met or are anticipated to not be met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. City of Fort Collins must comply and submit all reimbursements and reports associated, including
the assignment of “Colorado Department of Transportation” as the lienholder on the acquisition
vehicle(s) as a condition of project closeout.
5. City of Fort Collins will report the expected date of scrapping of each qualifying vehicle to the
CDOT Project Manager via email or Disposition Authorization (DA) Form in COTRAMS no
less than fourteen (14) calendar days prior to such date.
6. Performance Reporting Requirements:
a. City of Fort Collins agrees to report, to CDOT or its designee, the vehicle metrics used to
measure resulting project air quality benefits at the request of CDOT, which may include
vehicle mileage, usage, charging, or other data readily available through the operation of
the acquisition vehicle(s). City of Fort Collins will be required to report data at a
minimum of annually or at a maximum of quarterly for a period of no less than five (5)
years following the acceptance of each acquisition vehicle.
b. City of Fort Collins further agrees to collaborate with CDOT to support research and
analytical initiatives related to the project that mutually benefit the successful
implementation and operation of the project, which may include, among other things,
sharing with or providing access to CDOT or its designee to telemetric data generated by
the Project Components.
D. Project Budget
1. The Total Project Budget is $362,793.00. The State will pay no more than the eligible, actual
project costs, up to the maximum amount of $116,268.00 in this grant agreement. The State will
retain any remaining balance of the Settlement Program funds. City of Fort Collins shall be solely
responsible for all costs incurred in the project in excess of the amount paid by the State from
Settlement Program funds for eligible, actual costs. For CDOT accounting purposes, the
Settlement Program funds of $116,268.00 will be encumbered for this Grant Agreement.
4.2
Packet Pg. 67
Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 4 of 8
2. Per the terms of this Grant Agreement, the State shall have no obligation to provide state funds for
use on this project. The State will administer Settlement Program funds for this project under the
terms of this Grant Agreement, provided that the share of Settlement Program funds to be
administered by the State are made available and remain available.
E. Procurement
Procurement of the Project Components will comply with state procurement procedures and the DTR Quick
Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of each of
the Project Components must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain Independent Cost Estimates (ICE) for:
a. the acquisition vehicle(s);
b. the conventional-fueled bus(es) of like size, capacity, and class to the qualifying
vehicle(s) identified for replacement, and
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, City of Fort Collins shall
request a Purchase Authorization (PA), and submit a vendor quote for the Project Components in
COTRAMS.
4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Project
Components is/are ordered, the CDOT Project Manager shall be notified by City of Fort Collins in
COTRAMS of the agreed upon delivery date.
5. Upon delivery, City of Fort Collins shall be responsible for having the Project Components
inspected and accepted within fifteen (15) calendar days of delivery. If defects prevent
acceptance of the Project Components, City of Fort Collins will contact the vendor to resolve any
defects and notify CDOT.
6. City of Fort Collins shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the Project Components.
F. Reimbursement Eligibility
Reimbursement for eligible project costs incurred will be paid to City of Fort Collins according to the schedule and
requirements below for those eligible costs incurred during the Grant Agreement effective dates.
Acquisition vehicle(s) component reimbursements:
Phase 1: Request for reimbursement shall be made following City of Fort Collins’s acceptance of and
payment for the acquisition vehicle(s). 80% of final, eligible acquisition vehicle(s) costs will be reimbursed
upon City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each acquisition
vehicle that includes the following completed documents:
Independent Cost Estimates (ICE) for the acquisition vehicle and a conventional-fueled bus of like
size, capacity, and class to the qualifying vehicle
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA) with anticipated qualifying vehicle scrapping date
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the lienholder
4.2
Packet Pg. 68
Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 5 of 8
Invoice
Acquisition Vehicle Cost Reimbursement Worksheet (see Exhibit B, attached hereto)
Proof of registration, insurance, and operation (e.g. preventative maintenance records,
mileage/service hour records) for the previous two (2) years for the specific, identified qualifying
vehicle being replaced by the acquisition vehicle
Proof of Payment
Post Delivery Certifications
Phase 2: Request for reimbursement shall be made within fourteen (14) calendar days of scrapping of the
qualifying vehicle(s). 20% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of
Fort Collins’s submission in COTRAMS of a secondary reimbursement packet for each acquisition vehicle
that includes the following completed documents:
Disposition Concurrence Request (DCR) for the qualifying vehicle
Copy of clean title for the qualifying vehicle
Disposition Authorization (DA) for the qualifying vehicle
Notice of Disposition (ND)
Proof of scrapping, which includes photographs of the scrapped vehicle, certificate of destruction,
or bill of sale from the entity that conducted the scrapping, or other pertinent documents that
substantiate scrapping was completed, as determined by CDOT
City of Fort Collins must submit the final invoice within sixty (60) calendar days of December 31, 2021, and submit
a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the
final reimbursement payment.
G. State Interest-Service Life
The State (CDOT) maintains a share of the remaining value of state assisted property upon disposition before the
end of its useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the
provisions of the State Management Plan.
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
City of Fort Collins shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any
other party while there is remaining state interest without approval from the CDOT Project Manager.
City of Fort Collins is responsible for making the request to the CDOT Project Manager in a timely manner,
providing appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to
process the release of a lien.
CDOT and City of Fort Collins will work in conjunction with Department of Revenue (DOR) to assure the lien is
released according to state rules.
H. Training
4.2
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Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 6 of 8
In an effort to enhance transit safety, City of Fort Collins and any subrecipients and subcontractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that
personnel are up to date in appropriate certifications. In particular, City of Fort Collins shall ensure that driving
personnel are provided professional training in defensive driving and training on the handling of mobility devices
and transporting older adults and individuals with disabilities.
I. Safety Data
City of Fort Collins and any subrecipients shall maintain and submit, as requested, data related to bus safety. This
may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth
by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
J. Special Conditions
1. City of Fort Collins will comply with all requirements imposed by CDOT on City of Fort Collins
so that the Settlement Program grant is used in accordance with BMP, state statutes, regulations,
and the terms and conditions of this Grant Agreement.
2. City of Fort Collins must permit CDOT and their auditors to have access to City of Fort Collins’s
records and financial statements as necessary, with reasonable advance notice.
3. City of Fort Collins must scrap one (1) qualifying vehicle for each acquisition vehicle accepted,
and shall complete the scrapping no later than twelve (12) months following the date of
acceptance of the acquisition vehicle replacing it. City of Fort Collins may scrap any qualifying
vehicle(s) at any time prior to acceptance of any acquisition vehicle(s), but shall not scrap any
qualifying vehicle(s) prior to execution of this Grant Agreement.
4. Except as provided in this Grant Agreement, City of Fort Collins shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to execution of this Grant
Agreement.
5. City of Fort Collins shall ensure that it does not exclude from participation in, deny the benefits of,
or subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
6. City of Fort Collins shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements for FTA
Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular
4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also
facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by
incorporating the principles of environmental justice in planning, project development and public
outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for
Federal Transit Administration Recipients.”
7. City of Fort Collins will provide transportation services to persons with disabilities in accordance
with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. City of Fort Collins shall develop and maintain an ADA Program in accordance with 28 CFR Part
35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
9. City of Fort Collins shall ensure that it will comply with the Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid,
4.2
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Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 7 of 8
City of Fort Collins shall require its subrecipients and/or contractors to provide a statement of
written assurance that they will comply with Section 504 and not discriminate on the basis of
disability.
10. City of Fort Collins shall agree to produce and maintain documentation that supports compliance
with the Americans with Disabilities Act to CDOT upon request.
K. Acquisition Vehicle Reimbursement Calculation
The Total Project Amount Encumbered via this Grant Agreement listed above is based on estimated costs known at
the time of execution of this Grant Agreement. Reimbursement for the cost of purchasing the acquisition vehicle(s)
will be made on 110% of the incremental cost, or the difference between the cost of a conventional-fueled bus of
like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and the acquisition vehicle(s).
Thus, the final amount to be reimbursed for the acquisition vehicle(s) will be recalculated prior to reimbursement,
based on eligible, actual costs incurred using the Acquisition Vehicle Cost Reimbursement Worksheet (Worksheet)
attached hereto as Exhibit B. The Worksheet shall be completed and submitted by City of Fort Collins in
COTRAMS as part of the Phase 1 acquisition vehicle(s) reimbursement packet. Once recalculated, the reimbursable
amount of project costs may be less than the Total Project Amount Encumbered via this Grant Agreement, but in no
case shall it be more than such amount.
4.2
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Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
Statement of Work Page 8 of 8
EXHIBIT B: ACQUISITION VEHICLE COST REIMBURSEMENT WORKSHEET
This Worksheet must be completed and submitted by the Subrecipient in COTRAMS with each Phase 1 acquisition
vehicle reimbursement request.
Subrecipient:
Purchase Order #:
Vehicle # (e.g. 1, 2): Reimbursement Request # (e.g. 1, 2)
Cost Reimbursement Calculator:
A Total Eligible Actual Acquisition Vehicle Cost $
B Estimated Cost of a Conventional-Fueled Bus of Like Size, Capacity, and Class to the
Qualifying Vehicle from the ICE
$
C Incremental Cost [A – B] $
D Eligible Actual Acquisition Vehicle Reimbursable Amount [C x 110%] $
E Total Project Amount Encumbered via the Grant Agreement $
F FINAL Total Acquisition Vehicle Reimbursement Amount [lesser of D and E] $
G Phase 1 Acquisition Vehicle Reimbursement Amount (80%) $
H Phase 2 Acquisition Vehicle Reimbursement Amount (20%) $
4.2
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Attachment: Scope of Work Settlement Cutaway Vehicles (draft) (8446 : Vehicle Replacement Appropriation)
-1-
ORDINANCE NO. 141, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
VOLKSWAGEN SETTLEMENT FUNDS FOR THE PURCHASE OF
TWO ELECTRIC VEHICLES TO REPLACE END OF LIFE DIESEL
VEHICLES AND ASSOCIATED CHARGING EQUIPMENT
WHEREAS, Volkswagen Group of America and certain related entities (collectively,
“Volkswagen” or “VW”) have admitted that they violated the federal Clean Air Act from 2009
to 2016 by selling vehicles with diesel engines that emitted more air pollution than the Clean Air
Act allows and by cheating on federal emission tests to hide the excess pollution; and
WHEREAS, VW partially settled its civil liability for these violations of the Clean Air
Act by entering into two judicial consent decrees which required VW to pay more than $2.9
billion into an environmental mitigation trust fund to be administered by an independent trustee
(the “Settlement Funds”); and
WHEREAS, in Colorado, such Settlement Funds are overseen by Colorado Department
of Public Health and Environment (“CDPHE”) and Colorado Department of Transportation
(“CDOT”) and eligible transit agencies were able to apply for the Settlement Funds through a
competitive process; and
WHEREAS, Transfort applied to receive Settlement Funds by leveraging previously
awarded Congestion Mitigation and Air Quality (“CMAQ”) grant funds in the amount of
$775,000 and previously appropriated local matching funds in the amount of $105,000 to
purchase two new zero-emission vehicles (“ZEV”) and depot chargers; and
WHEREAS, Transfort was awarded $1,137,640 in Settlement Funds toward the two
ZEVs and depot chargers and this Ordinance will appropriate the funds related to the acquisition
of the two ZEVs and depot chargers into a non-lapsing fund to be used to acquire the two ZEVs
and depot chargers; and
WHEREAS, the City Charter provides that all appropriations unexpended or
unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund,
except that appropriations for capital projects shall not lapse until the completion of the capital
project; and
WHEREAS, the abovementioned CMAQ funds and local matching funds for the ZEV
and depot chargers were previously appropriated in the 2019/2020 Budgeting For Outcomes
process into a fund that will lapse at the end of this year and so this Ordinance will also re-
appropriate these previously appropriated funds into a non-lapsing capital fund to be used to
acquire the two ZEVs and depot chargers; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of providing low-emission public transportation to
citizens of Fort Collins.
Packet Pg. 73
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WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Transit
Services Fund and will not cause the total amount appropriated in the Transit Services 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 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.
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 unanticipated revenue in the
Transit Services Fund the sum of ONE MILLION ONE HUNDRED THIRTY-SEVEN
THOUSAND SIX HUNDRED FORTY DOLLARS ($1,137,640) for expenditure in the Transit
Services Fund for the purchase of two zero emission buses and associated charging
infrastructure.
Section 3. That the unexpended appropriated amount of EIGHT HUNDRED
EIGHTY THOUSAND DOLLARS ($880,000) in a lapsing business unit within the Transit
Services Fund is authorized for transfer to a non-lapsing business unit within the Transit Services
Fund and appropriated therein for expenditure for the purchase of two zero emission buses and
associated charging infrastructure.
Packet Pg. 74
-3-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 75
-1-
ORDINANCE NO. 142, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
VOLKSWAGEN SETTLEMENT FUNDS FOR THE PURCHASE OF
THREE ALTERNATIVE FUEL BODY-ON-CHASSIS STYLE BUSES
WHEREAS, Volkswagen Group of America and certain related entities (collectively,
“Volkswagen” or “VW”) have admitted that they violated the federal Clean Air Act from 2009
to 2016 by selling vehicles with diesel engines that emitted more air pollution than the Clean Air
Act allows and by cheating on federal emission tests to hide the excess pollution; and
WHEREAS, VW partially settled its civil liability for these violations of the Clean Air
Act by entering into two judicial consent decrees which required VW to pay more than $2.9
billion into an environmental mitigation trust fund to be administered by an independent trustee
(the “Settlement Funds”); and
WHEREAS, in Colorado, such Settlement Funds are overseen by Colorado Department
of Public Health and Environment (“CDPHE”) and Colorado Department of Transportation
(“CDOT”) and eligible transit agencies were able to apply for the Settlement Funds through a
competitive process; and
WHEREAS, Transfort was previously awarded $197,220 in Funding Advancements for
Surface Transportation and Economic Recovery Act of 2009 (“FASTER”) funds for three
cutaway style buses and there is currently an appropriated local match of $49,308 for that
purchase; and
WHEREAS, the City leveraged the previously awarded FASTER funds to apply for
Settlement Funds and was awarded $116,268 to upgrade the cutaway buses from diesel fuel to
propane; and
WHEREAS, these alternative fuel cutaway buses are leased to Transfort’s fixed route
service contractor to provide service for Route 33 and the late-night Gold Route; and
WHEREAS, this Ordinance will appropriate the $116,268 in Settlement Funds for the
alternative fuel cutaway buses; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of providing alternate fuel public transportation to
citizens of Fort Collins.
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
Packet Pg. 76
-2-
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Transit
Services Fund and will not cause the total amount appropriated in the Transit Services Fund to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS 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 unanticipated revenue in the
Transit Services Fund the sum of ONE HUNDRED SIXTEEN THOUSAND TWO HUNDRED
SIXTY-EIGHT DOLLARS ($116,268) for expenditure in the Transit Services Fund for the
purchase of three alternative fuel chassis-on-body style buses.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 77
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Mark Kempton, Water Production Manager
Eric Potyondy, Legal
Liesel Hans, Water Conservation Manager
SUBJECT
First Reading of Ordinance No. 143, 2019, Making Appropriations and Authorizing Transfers of Appropriations
for the Horsetooth Outlet Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $3.2 million from Water Fund Reserves to design and
construct a project to provide a temporary backup water supply pumping system during a planned October-
November 2020 closure by Northern Water of the Soldier Canyon Dam Outlet pipeline from Horsetooth
Reservoir (Horsetooth Outlet Project). The pipeline provides water to the two drinking water treatment plants
serving the City of Fort Collins and surrounding areas, serving about 250,000 people. The pumping system is
intended as an emergency backup supply system to the primary Cache la Poudre River (Poudre River) water
supply during the 60-day planned outage of the Soldier Canyon Dam Outlet pipeline. The City will be
reimbursed 58% of the project costs by the project partners at the conclusion of construction. The City’s final
contribution will be $1.4 million of the $3.2 million total project cost.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Water, which operates the 54-inch diameter Soldier Canyon Dam Outlet pipeline from Horsetooth
Reservoir to the City's Fort Collins Water Treatment Facility and the Tri-Districts’ (Fort Collins-Loveland, East
Larimer County, and North Weld County water districts) Soldier Canyon Water Treatment Plant, is planning to
perform necessary maintenance on the pipeline in October and November 2020. This maintenance, named the
Horsetooth Outlet Project, will require a full closure of the pipeline for up to 60 days, which will result in both
treatment plants relying on the Poudre River as the sole water source for the City's and the Tri-Districts’
respective water service areas. Platte River Power Authority’s (PRPA) Rawhide Plant also receives process
water from the Soldier Canyon Dam Outlet pipeline and could be affected by a long-term loss of water. The
City has approximately 30 hours of treated water storage and can manage short term water supply
interruptions of up to 8 hours before having to implement longer term water supplies such as the proposed
pumping system.
Historically, the Poudre River has been a reliable source of high-quality water; however, it can be susceptible
to water quality impairing incidents such as forest fires, vehicle crashes, chemical spills, and other incidents
that may cause the treatment plants to shut off the water intakes from the River. If one or more of these such
incidents were to occur and cause a prolonged shutdown of the Poudre River intakes during the planned
shutdown of the Soldier Canyon Dam Outlet pipeline, the City and the Tri-Districts could be at risk of a drinking
water shortage. PRPA’s Rawhide Plant could also be affected by a longer-term water outage shortage and is a
working partner in this project. The City has sufficient treated water storage to withstand short term outages
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Agenda Item 5
Item # 5 Page 2
(up to 8 hours); however, the Tri-Districts do not have similar storage and may be susceptible to water
shortages during a short loss of the Poudre River supply.
To mitigate the risk of the Poudre supply being unavailable for more than 8 hours, the City, the Tri-Districts,
and PRPA are proposing to construct a temporary emergency water supply project, known as the Hansen
Canal Pump System. The project will allow for Horsetooth water to be released to the Hansen Canal, pumped
into the Pleasant Valley Pipeline (PVP) via a temporary pump station and new piping. The pumped water will
then be delivered through the PVP to the Fort Collins and Soldier Canyon treatment plants to serve the City’s
and the Tri-Districts’ customers, as well as PRPA. The pipelines and appurtenances to the PVP will be
permanent connections, though, at this time, the pumps associated with the pump station will be temporary
and will be removed from the site at the completion of the Hansen Canal Pump System Project.
Low cost, operational mitigation measures will also be implemented to help mitigate risks associated with the
Poudre River supply. Examples include stockpiling additional water treatment chemicals, installing containment
booms in the River, and increased spill response training. Additional risk reduction measures such as
restricting truck traffic in the Poudre Canyon during the shutdown are being discussed with the Colorado
Department of Transportation (CDOT).
The anticipated total cost of the project of $3.2 million and is to be shared between the City, the Tri-Districts,
and PRPA as outlined in separate Intergovernmental Agreements.
A location map for the Hansen Canal Pump System is shown in Attachment 1.
A preliminary schematic of the Hansen Canal Pump System is shown in Attachment 2.
Water Conservation
The Horsetooth Outlet Project is an opportunity to share information about:
• the importance of proactive maintenance to sustain high quality, reliable water supplies;
• the source of our water supply;
• the collective responsibility to use our water resources wisely; and
• the value of a community-owned water utility.
The Horsetooth Outlet Project will provide 15 to 20 million gallons per day (MGD) of water to Fort Collins.
Typical demands in early October are approximately 20 to 22 MGD and typically drop to 15 MGD toward the
middle-to-end of October as irrigation and other seasonal uses end. Staff suggests the following water demand
management approach to mitigate risk:
• Goal: Reduce water demand to typical winter levels (15 MGD) by October 1st and sustain this winter level
throughout the Horsetooth Outlet Project.
1. Perform extensive public outreach and education in the months leading up to and throughout the
project.
o Tactics may include, but is not limited to, utility bill inserts, direct mailers, local articles/ads,
emails, newsletters, staff presence/activities at a variety of events throughout the year,
community presentations (targeted and upon request), posters, promotion of
programs/services and rebates, collaboration with City, commercial, and key accounts,
etc.
2. Implement short term outdoor water restrictions for all customers to end all irrigation by October 1,
with limited exceptions.
With proactive outreach, communication and engagement, staff believes the community will do its part to
minimize some of the necessary risk of the project. Many communities across the nation only have one water
supply and the city is fortunate to have two reliable, high-quality sources. It is our responsibility to protect the
community by protecting and proactively managing our water resources. Water is an essential ingredient to the
many activities and businesses that make Fort Collins special. Investments we make today in our water
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Item # 5 Page 3
resources, infrastructure, and community education help maintain clean, reliable water resources and protect
the very thing our community was built upon – and continues to thrive upon.
While the goal is to achieve temporary water reductions, this effort stands to drive lasting efficiency and
conservation impacts, benefiting our utility and residents alike. Additionally, the Water Supply Shortage
Response Plan (WSSRP) update project identified the need to develop an approach for water shortages
outside of the typical summer irrigation season. The Horsetooth Outlet Project provides an opportunity to
collect information that will inform that approach for the next WSSRP update, currently slated for after the
recently kicked-off Water Supply and Demand Management Policy update. Outreach will be performed in
cooperation with the Tri-Districts where feasible, and these conversations have already started.
This appropriation includes $32,000, or 1%, for Art in Public Places.
CITY FINANCIAL IMPACTS
The total cost of the Hansen Canal Pump System project is estimated to be $3.2 million which will be shared
between the City, the Tri-Districts, and PRPA. Adequate funds exist in the Water Fund reserves to cover this
appropriations request. The Water Fund reserve has a current balance of $70.2 million, $28.6 million of which
are unencumbered funds. It is proposed that the City will initially fund and manage the construction of the
project. The Tri-Districts and PRPA will reimburse the City at appropriate milestones for their portion of the
project costs, with full reimbursement occurring by project completion. The City will be reimbursed
approximately 58% of the project costs by our project partners at the conclusion of construction. The City’s
final contribution will be $1.4 million of the $3.2 million total project cost.
BOARD / COMMISSION RECOMMENDATION
At its November 21, 2019 meeting, the Water Board voted to recommend approval of the appropriation.
(Attachment 3)
At its November 18, 2019 meeting, the Council Finance Committee unanimously approved the proposed
appropriation. (Attachment 4)
PUBLIC OUTREACH
Extensive public outreach will be performed in the months prior to the shutdown with the goal of reducing water
demand to historical winter levels. Outreach efforts will include requests and incentives to eliminate outdoor
watering by October 1, 2020, engage with key customer accounts, and educate City water customers about
the potential impacts of the project. The outreach will also serve to inform and share conservation benefits, in
addition to working with customers to reduce usage. Outreach will be performed in cooperation with the Tri-
Districts where feasible. Additional risk reduction measures such as restricting truck traffic in the Poudre
Canyon during the shutdown are being discussed with the Colorado Department of Transportation.
ATTACHMENTS
1. Location Map Hansen Pump System (PDF)
2. Hansen Canal Pump System Schematic (PDF)
3. Water Board minutes, November 21, 2019 (draft) (PDF)
4. Council Finance Committee minutes, November 18, 2019 (draft) (PDF)
5
Packet Pg. 80
Project Location Map
Teds Place
Noosa Dairy
Poudre River/HWY 14
Project Site
ATTACHMENT 1
5.1
Packet Pg. 81
Attachment: Location Map Hansen Pump System (8300 : Horsetooth Outlet Project Appropriation)
ATTACHMENT 2
5.2
Attachment: Hansen Canal Pump System Schematic (8300 : Horsetooth Outlet Project Appropriation)
Excerpt from Unapproved DRAFT MINUTES - WATER BOARD
REGULAR MEETING
November 21, 2019, 5:30 p.m.
222 Laporte Avenue, Colorado River Community Room
11/21/2019 – Excerpt from Unapproved DRAFT MINUTES Page 1
Funding Appropriations for Horsetooth Supply Line Shutdown Emergency Water
Supply Projects
(Attachments available upon request)
Water Production Manager Mark Kempton summarized the project and Water
Conservation Specialist Alice Conovitz summarized the demand management strategy to
reduce water demand to typical winter levels (15 million gallons per day)(MGD) by October
1, 2020 and the opportunity for local residents to contribute to community-wide resiliency.
Northern Colorado Water Conservancy District (“Northern Water”) and U.S. Bureau of
Reclamation are planning to shut down the Soldier Canyon water line from Horsetooth
Reservoir to the Fort Collins and Soldier Canyon water treatment plants in October 2020
for maintenance and repairs. The work will start approximately October 15 and last up to
60 days. The City and Tri-Districts (Soldier Canyon Plant owners) will rely solely on the
Poudre River supply. To ensure that the City has adequate water supplies during the
planned shutdown, the City and the Tri-Districts have agreed to build an emergency water
supply pumping station for alternate emergency water supplies in case the Poudre River is
compromised during the shutdown. The City is also investigating the construction of a
finished water interconnect with Greeley near Lemay Avenue and Vine Drive that will
supplement water supplies in an emergency situation.
The projects will require an appropriation of Water Fund reserves to ensure the completion
of design and construction of the projects by late summer 2020. Staff seeks the Water
Board’s recommendation for approval before taking the request to City Council.
Discussion Highlights: Board members commented on and inquired about various related
topics including surprise the reservoir was not designed with redundancy (single outlet; as
the pipeline ages, shutdowns will continue as necessary for maintenance and repairs);
resiliency; source of water to pumping station (Horsetooth reservoir); reason for goal of
reducing water demand to winter levels by October 1 rather than a couple of days before
the project begins on October 15 (preparation, safety, consistency with seasonal
messaging), which a board member found insulting to community members’ intelligence;
another board member commented that October 1 is reasonable given that some
ATTACHMENT 3
5.3
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Attachment: Water Board minutes, November 21, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
WATER BOARD
REGULAR MEETING
11/21/2019 – Excerpt from Unapproved DRAFT MINUTES Page 2
customers would wait until just before the deadline to blow out their sprinklers; plans for
education and outreach; suggestion on messaging (encourage residents to stop irrigating
rather than pressure them to blow out sprinklers by October 1); timeframe for vendors
shutting down customers’ sprinkler systems (incentives include coupons, etc); impact of
messaging on water demand the last week of September; impact of a possible deep freeze
(staff would turn on pumps).
1PU
st
UPU motionU
Board Member Brett Bovee moved that the Water Board recommend to City Council
the appropriation of $3.2 million from Water Fund reserves to develop a backup water
supply system during the planned repair of the Horsetooth Outlet water supply line in fall
2020.
Board Member Steve Malers made a friendly amendment “of which approximately 58%
percent will be reimbursed by project partners.”
Board Member Phyllis Ortman seconded the motion.
Vote on the Motion: it passed unanimously, 10-0
Discussion before the 2P
nd
P motion: Board Member Kent Bruxvoort made a friendly
recommendation outside of the motion regarding the possibility that a customer does not
comply (staff stated the City has not historically fined customers for this reason; possibility
of warning, citation, etc. and staff would visit customer to provide educational information);
clarifying voluntary and mandatory restrictions (staff stated that ther mandatory irrigation
restriction beginning October 1, 2020 with some exceptions for sports fields and new
plantings; City uses raw water (a different water source) for parks and fields [CHECK].
2PU
nd
UPU motionU
Board Member Brett Bovee moved that the Water Board recommend to City Council
the implementation of mandatory outdoor water use reduction measures to lower water
demands to typical winter levels of 15 million gallons per day on October 1, 2020 or after
for the planned repair of the Horsetooth Outlet water supply line in Fall 2020.
Discussion on the motion: Board members commented “or after” is confusing and that
staff knows how long a message takes to get out (messaging will begin in spring 2020).
There was no second or vote on the motion. The motion failed.
5.3
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Attachment: Water Board minutes, November 21, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
WATER BOARD
REGULAR MEETING
11/21/2019 – Excerpt from Unapproved DRAFT MINUTES Page 3
Board Member Brett Bovee moved that the Water Board recommend to City Council
the implementation of mandatory outdoor water use reduction measures on October 1,
2020 in order to lower water demands to typical winter levels of 15 million gallons per day
for the planned repair of the Horsetooth Outlet water supply line in Fall 2020.
Board Member Phyllis Ortman seconded the motion.
Discussion on the motion: None
Vote on the motion: the motion passed, 9-1, with Board Member Jim Kuiken dissenting
due to disagreement with the lead time of 15 days, which he found excessive. Staff plans
to impose a deadline of October 1 for mandatory outdoor water restrictions (irrigation); the
project is scheduled to begin October 15.
5.3
Packet Pg. 85
Attachment: Water Board minutes, November 21, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Meeting Minutes
11/18/19
10 am - noon
CIC Room - City Hall
Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers
Staff: Darin Atteberry, Jeff Mihelich, Kelly DiMartino, Mike Beckstead, Travis Storin, Blaine
Dunn, Jennifer Poznanovic, Dave Lenz, Zach Mozer, Mark Kempton, Liesel Hans, Victoria
Shaw, Carol Webb, Lance Smith, Dean Klingner, Noelle Currell, Cody Forst, Jennifer
Selenske, Kerri Ishmeal, Renee Callas, John Duval, Tyler Marr, Jo Cech, Katie Ricketts,
Carolyn Koontz
Others: Kevin Jones, Chamber of Commerce
Dale Adamy, R1st.org
______________________________________________________________________________
Meeting called to order at 10:02 am
Approval of Minutes from the October 21, 2019 Council Finance Committee Meeting. Ken Summers moved for
approval of the minutes as presented. Mayor Troxell seconded the motion. Minutes were approved unanimously.
B. Water – Horsetooth Shutdown
Mark Kempton, Director of Plant Operations
Liesel Hans, Water Conservation Manager
Lance Smith, Director Utilities Finance
SUBJECT FOR DISCUSSION
Appropriation of $3.2 million of reserve funds from the Water Fund for the construction of a temporary
emergency backup drinking water supply system associated with the Horsetooth Outlet Project.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $3.2 million from Water Fund Reserves to design and
construct a project to provide a temporary backup drinking water supply pumping system during a planned
October-November 2020 closure of the Soldier Canyon Dam Outlet pipeline from Horsetooth Reservoir. The
pipeline provides drinking water to the two drinking water treatment plants serving the City of Fort Collins and
surrounding areas, serving about 250,000 people. The pumping system is intended as an emergency backup
supply system to the primary Cache la Poudre River water supply during the 60-day long planned outage of the
Horsetooth Reservoir water supply line. The City will be reimbursed approximately 40 to 50% of the project
costs by our project partners at the conclusion of construction.
ATTACHMENT 4
5.4
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Attachment: Council Finance Committee minutes, November 18, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
2
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does the Committee support the appropriation of Water Fund reserves to construct an emergency backup
water supply system for the City and our partners, the Tri-Districts and Platte River Power Authority (PRPA)?
Does the Committee support implementation of water use reduction measures to lower water demands to
typical winter levels of 15 million gallons per day for the duration of the project?
BACKGROUND
Northern Water, which operates the 54-inch Soldier Canyon Dam Outlet pipeline from Horsetooth Reservoir to
the City's Fort Collins Water Treatment Facility and the Tri-District's (Fort-Collins Loveland, East Larimer County,
and North Weld County water districts) Soldier Canyon Water Treatment Plant, is planning to perform necessary
maintenance on the water line in October and November of 2020. This maintenance will require a full closure of
the line for up to 60 days, which will result in both treatment plants relying on the Cache la Poudre River
("Poudre River") as the sole water source for the City's and the Tri-District's respective water service areas.
Platte River Power Authority’s (PRPA) Rawhide Plant also receives process water from the Horsetooth line and
could be affected by a long-term loss of water.
Historically, the Poudre River has been a reliable source of high-quality water; however, it can be susceptible to
water quality impairing incidents such as forest fires, vehicle crashes, chemical spills, and other incidents that
may cause the treatment plants to shut off the water intakes from the River. If one or more of these such
incidents were to occur and cause a prolonged shutdown of the Poudre River intakes during the planned outlet
project, the City and the Tri-Districts could be at risk of a drinking water shortage. PRPA’s Rawhide Plant could
also be affected by a longer-term water outage shortage and is a working partner in this project. The City has
sufficient treated water storage to withstand short term outages (up to 8 hours); however, the Tri-Districts do
not have similar storage and may be susceptible to water shortages during a short loss of the Poudre supply.
To mitigate the potential water supply risk, the City, the Tri-Districts, and PRPA are proposing to construct a
temporary emergency water supply project. Low cost, operational mitigation measures will also be
implemented to help mitigate risks associated with the Poudre supply. Examples include stockpiling additional
water treatment chemicals, installing containment booms in the river etc.
The Hansen Supply Canal project includes a temporary backup emergency pump station on the Hansen Canal
that both the City and the Tri-Districts have agreed to design and construct as an alternative supply of
Horsetooth Reservoir water to both treatment plants in the case of a loss of water supply from the Poudre River.
The anticipated total cost of the project of $3.2 million is to be shared between the City, the Tri-Districts, and
PRPA as outlined in separate Inter Governmental Agreements (IGAs).
In the case of a sustained loss of the Poudre River supply (in excess of 8 hours), water will be pumped from the
Hansen Supply Canal (the canal that flow out the north end of Horsetooth Reservoir) via a new temporary pump
station to be constructed by summer 2020. Water will then be pumped into the existing Pleasant Valley Pipeline
(PVP) or to the City’s two existing Poudre River pipelines through a newly constructed pipeline connection that
will transport water to both treatment plants to serve the City’s and the Tri-District’s customers, as well as PRPA.
COST SHARING & PARTNERING STATUS
The anticipated cost share percentages, based on million gallons per day (MGD) of flow to each partner for the
project are approximately as follows;
• NWCWD - 12 MGD (34%) - $1.1 million
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Attachment: Council Finance Committee minutes, November 18, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
3
• ELCO - 3 MGD (8.5%) - $0.25 million
• FCLWD – 5 MGD (14.2%) - $0.45 million
• Fort Collins – 15 MGD (winter use; 42.4%) - $1.4 million
• PRPA - 0.3 MGD (0.9%) - $0.03 million
• Total needed = 35.3 MGD (100%)
Based on the percentages above, the net cost to the City upon completion of the project is estimated to be $1.4
million to $1.6 million. There are some items in the project cost that do not pertain to all parties e.g. water
conservation measures within the City will not apply to NWCWD.
To date both ELCO, NWCWD, and PRPA have verbally committed to paying for their portions of the project.
FCLWD has also indicated interest in the project but has not formally approved their participation in the project.
An Intergovernmental Agreement (IGA) has been developed between the City and the Tri-Districts which
outlines the general ownership, operation, and payment terms for the project. The final details of percentages
will be added to the IGA closer to selection of a final design alternative for the project.
DEMAND MANAGEMENT
The Horsetooth Outlet Project is an opportunity to share information about:
• the importance of proactive maintenance to sustain high quality, reliable water supplies;
• the source of our water supply;
• the collective responsibility to use our water resources wisely;
• and, the value of a community-owned water utility.
The proposed back-up supply project will provide 15 to 20 million gallons per day (MGD) of water to Fort Collins.
Typical demands in early October are approximately 20 to 22 MGD and typically drop to 15 MGD toward the
middle-to-end of October as irrigation and other seasonal uses end. Staff suggests the following water demand
management approach to mitigate risk:
• Goal: Reduce water demand to typical winter levels (15 MGD) by October 1st and sustain this winter level
throughout the Horsetooth Outlet Project.
1. Perform extensive public outreach and education in the months leading up to and throughout the
project.
o Tactics may include, but is not limited to, utility bill inserts, direct mailers, local articles/ads,
emails, newsletters, staff presence/activities at a variety of events throughout the year,
community presentations (targeted and upon request), posters, promotion of
programs/services and rebates, collaboration with City, commercial, and key accounts, etc.
2. Mandatory or voluntary requirement for all customers to end all irrigation by October 1st, with limited
exceptions.
With proactive outreach, communication and engagement, we believe the community will do their part to
minimize some of the necessary risk of the project. Many communities across the nation only have one water
supply and we are fortunate to have two reliable, high-quality sources. It is our responsibility to protect our
community by protecting and proactively managing our water resources. Water is an essential ingredient to the
many activities and businesses that make Fort Collins special. Investments we make today in our water
resources, infrastructure, and community education help maintain clean, reliable water resources and protect
the very thing our community was built upon – and continues to thrive upon.
5.4
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Attachment: Council Finance Committee minutes, November 18, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
4
While the goal is to achieve temporary water reductions, this effort stands to drive lasting efficiency and
conservation impacts, benefiting our utility and residents alike. Additionally, the Water Supply Shortage
Response Plan (WSSRP) update project identified the need to develop an approach for water shortages outside
of the typical summer irrigation season. The Horsetooth Outlet Project provides an opportunity to collect
information that will inform that approach for the next WSSRP update, currently slated for after the recently
kicked-off Water Supply and Demand Management Policy update. Outreach will be performed in cooperation
with the Tri-Districts where feasible, and these conversations have already started. Additional risk reduction
measures such as restricting truck traffic in the Poudre Canyon during the shutdown are being discussed with
the Colorado Department of Transportation (CDOT).
The City will initially fund and manage the construction of the project. The Tri-Districts and PRPA will reimburse the
City at appropriate milestones for their portion of the project costs. The pipelines and appurtenances will be
permanent connections, though, at this time, the pumps associated with the pump station will be temporary and
will be removed from the site at the completion of the Horsetooth Outlet Repair Project.
DISSCUSSION / NEXT STEPS:
Work is scheduled to start on October 15, 2020 and is scheduled to last 60 days – no flow during that time -
mitigating loss of supply
Will restrict large trucks and smaller trucks carrying toxic chemicals
Winter demand = 15 MGD (Million Gallons per Day)
Weather controls October demand
Irrigation restrictions - mandatory vs voluntary - mandatory has 4x greater impact / effectiveness
Darin Atteberry; our intent is to fund the project and then we will get 100% reimbursed from our partners once
the project is completed
5.4
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Attachment: Council Finance Committee minutes, November 18, 2019 (draft) (8300 : Horsetooth Outlet Project Appropriation)
-1-
ORDINANCE NO. 143, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS
FOR THE HORSETOOTH OUTLET PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, Horsetooth Reservoir is a water storage reservoir operated by the Northern
Colorado Water Conservancy District (“Northern Water”), which is created by the Soldier
Canyon Dam and other infrastructure; and
WHEREAS, the Soldier Canyon Outlet is a pipe and related infrastructure that conveys
water from Horsetooth Reservoir under and through Soldier Canyon Dam; and
WHEREAS, water delivered through the Soldier Canyon Outlet is ultimately delivered
to, among other locations: the City’s Water Treatment Facility and the Soldier Canyon Filter
Plant, which is owned and operated by the East Larimer County Water District, the Fort Collins-
Loveland Water District, and the North Weld County Water District (collectively, “Tri-
Districts”) through the Soldier Canyon Water Treatment Authority (together, “Horsetooth Water
Treatment Plants”); and
WHEREAS, Northern Water intends to temporarily shut down the Soldier Canyon Outlet
during 2020 for approximately 45 to 60 days for inspection, maintenance, and related purposes,
which will result in a water supply disruption for the City and the Tri-Districts and a potential
need to convey water in Horsetooth Reservoir (“Horsetooth Water”) to the Horsetooth Water
Treatment Plants by a means other than the Soldier Canyon Outlet; and
WHEREAS, the City and the Tri-Districts are likewise interested by developing
supplemental infrastructure to deliver their Horsetooth Water to the Horsetooth Water Treatment
Plants in order to build redundancy and resiliency into their water treatment and delivery
systems; and
WHEREAS, pursuant to Resolution 2019-055 and the Agreement Between the City of
Fort Collins, the East Larimer County Water District, the Fort Collins-Loveland Water District,
and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown
of the Horsetooth Reservoir Soldier Canyon Outlet, dated May 24, 2019 (“Study IGA”), Fort
Collins and the Tri-Districts investigated ways to address this water supply disruption and
alternative ways to deliver their Horsetooth Water to the Horsetooth Water Treatment Plants; and
WHEREAS, following the completion of the study under the Study IGA, the City and the
Tri-Districts, in consultation with other stakeholders including Northern Water and the City of
Greeley, have concluded that a project involving the use of existing and some new infrastructure
(“Horsetooth Outlet Project”) would best address these objectives; and
WHEREAS, the Horsetooth Outlet Project involves Horsetooth Water being delivered
out of Horsetooth Reservoir and into the Charles Hansen Supply Canal, then through a headgate
on that canal and through certain new pipes, then through certain wet wells and pumps, then
Packet Pg. 90
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through new pipes and into the Pleasant Valley Pipeline to the Horsetooth Water Treatment
Plants; and
WHEREAS, pursuant to Resolution 2019-096, Resolution 2019-097, and Resolution
2019-098, the City is pursuing agreements necessary for the completion of the Horsetooth Outlet
Project; and
WHEREAS, the Horsetooth Outlet Project will provide a redundancy in the water supply
for the Horsetooth Water Treatment Plants during the temporary shutdown of the Soldier Canyon
Outlet, which will benefit the ratepayers of the water utility by significantly reducing the risk of
treated water service disruptions;
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, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Water
Fund and will not cause the total amount appropriated in the Water 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 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
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 XII, Section 6 of the City Charter, the
appropriation of reserves for the Project from the Water 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 Water 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.
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Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Water Fund the sum of THREE MILLION TWO HUNDRED THIRTY-TWO
THOUSAND DOLLARS ($3,232,000) for the Horsetooth Outlet Project and appropriated
therein as follows:
• Horsetooth Outlet Project $3,200,000
• Art in Public Places Project (Artwork) 24,960
• Art in Public Places Project (transfer to Cultural Services
Fund for APP Operations)
6,400
• Art in Public Places Project (transfer to Cultural Services
Fund for APP Maintenance)
640
TOTAL $3,232,000
Section 3. That the unexpended appropriated amount of SIX THOUSAND FOUR
HUNDRED DOLLARS ($6,400) in the Water 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 SIX HUNDRED FORTY
DOLLARS ($640) in the Water Fund is authorized for transfer to the Cultural Services and
Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 92
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 145, 2019, Adopting the 2020 Classified Employees Pay Plan.
EXECUTIVE SUMMARY
The purpose of this item is to recommend the 2020 City Classified Employee Pay Plan. Classified jobs are
grouped according to job functions, a business practice commonly used by both the public and private sectors.
Pay ranges are developed by career group (management, professional, administrative, operations & trades)
and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the
minimum, midpoint and maximum of pay ranges for the level, within each career group and function. Actual
employee pay increases are awarded through a separate administrative process in accordance with the
budgeted amount approved by Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Open Pay Ranges
The City of Fort Collins utilizes a common compensation methodology to assess jobs, combine them into job
functions and establish pay range structures. The result of this work is to set the minimum, midpoint and
maximum of pay ranges for the levels within each career group and function.
Pay ranges are reviewed annually as part of a comprehensive market pricing analysis. Pay ranges are
grouped and driven by job functions, that are based upon findings of a recruiting analysis conducted to
determine where positions are typically sourced. Pay range midpoints are determined by looking at aggregate
market data for positions or groups of positions and rolled up to a median of the market for functional
groupings, with high and low outliers removed.
Jobs for which there is no external benchmark are evaluated and placed in the Pay Plan using a job evaluation
system that is calibrated against benchmark jobs.
Individual salary placement in a pay range is based on an employee’s knowledge, skills, abilities, performance,
and experience, paired with internal equity considerations and budget availability to ensure horizontal
alignment across the City.
Market Data Sources
• Employers Council - Colorado Benchmark Compensation Survey
• Employers Council - Information Technology Survey
6
Packet Pg. 93
Agenda Item 6
Item # 6 Page 2
• Employers Council - Public Employers Compensation Survey
• Willis Towers Watson - General Industry Compensation Survey
Recommended Open Pay Range Structure Adjustments
As a result of the market analysis, staff is recommending changes to open pay ranges, varying from 0%-6%
depending upon job function and career group. Additionally, some supervisor level bands are recommended to
be restructured to more closely align to the market, resulting in a 14%-16% structure change. Actual employee
salary increases are determined administratively within the Council-adopted employee pay increase budget.
Step Plan
The City has 16 jobs that are part of a Step Plan, a pay system in which pay progression is directly linked to
skills acquisition rather than to general pay increases applicable to employees in Open Pay Ranges.
Employees in Step Plan jobs may receive labor market adjustments as determined by the annual market
analysis.
Market Data Sources
• Employers Council - Colorado Benchmark Compensation Survey
• Employers Council - Public Employers Compensation Survey
• Employers Council - Rural Electric Association Survey
• Willis Towers Watson - General Industry Compensation Survey
Recommended Step Plan Adjustments
As a result of the market analysis, staff is recommending changes to Step Plan jobs, varying from 0% - 6%.
Employees in Step Plan jobs will receive a market adjustment consistent with the analysis.
Collective Bargaining Unit
Police collective bargaining unit positions are included in the Pay Plan to establish pay for such positions until
market data is collected and pay is established according to the collective bargaining agreement. It is
anticipated that an amended Pay Plan will be brought to Council for approval in January.
CITY FINANCIAL IMPACTS
The estimated net cost for the adjustments to the Step Plan jobs is approximately $50,000 and will be
absorbed within the 2020 operating budgets adopted by City Council.
6
Packet Pg. 94
-1-
ORDINANCE NO. 145, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2020 CLASSIFIED EMPLOYEES PAY PLAN
WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified
employees of the City shall be established by ordinance of the City Council; and
WHEREAS, the City is committed to compensating employees in a manner that is fair,
competitive and understandable; and
WHEREAS, the annual market analysis conducted by the Human Resources Department
includes public and private employer salary survey information, including Colorado public
employers and national general industry compensation, providing clear benchmark information
for approximately 300 benchmark positions; and
WHEREAS, the pay plan recommended by the City Manager is consistent with City
Council objectives, including the philosophy of establishing pay ranges by using the median
salaries for benchmark positions to set the mid-point of pay ranges for those positions; and
WHEREAS, the City Council believes that the adoption of the recommended pay plan is
in the best interests of the City and further believes that the allocation of individual salaries
within the pay plan should be related to employee performance.
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 adopts the 2020 City of Fort Collins
Classified Employees Pay Plan (the “Plan”), a copy of which is attached hereto as Exhibit “A”
and incorporated herein by this reference.
Section 3. That the effective date of the Plan is January 13, 2020.
Section 4. That the City Manager shall fix the compensation levels of all classified
employees within the established job functions and pay range structure described in the Plan
except to the extent that the City Manager determines, due to performance or other extraordinary
circumstances, that the pay level of a particular employee should remain below the minimum or
be fixed above the maximum for that employee’s job title.
Section 5. That the City Manager shall fix the salary for newly created positions or
positions that are modified due to changes in job duties within the approved pay structure based
on results of an objective job analysis.
Packet Pg. 95
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 96
CITY OF FORT COLLINS
PAY PLAN INDEX
JOB TITLE LEVEL JOB FUNCTION JOB FAMILY TABLE
Accountant II P2 FINANCE & ACCOUNTING ACCOUNTING 4
Administrator I, Systems P1 TECHNOLOGY SYSTEMS 3
Analyst I, Apps Software P1 TECHNOLOGY APPLICATIONS SOFTWARE 3
Analyst I, Benefits P1 HUMAN RESOURCES BENEFITS 4
Analyst I, Budget P1 FINANCE & ACCOUNTING BUDGET 4
Analyst I, Data P1 TECHNOLOGY DATA ANALYSIS 3
Analyst I, Finance P1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Analyst I, GIS P1 TECHNOLOGY GIS 3
Analyst I, HRIS P1 HUMAN RESOURCES HRIS 4
Analyst II, Apps Software P2 TECHNOLOGY APPLICATIONS SOFTWARE 3
Analyst II, Apps Software Dev P2 TECHNOLOGY APPLICATIONS SOFTWARE 3
Analyst II, Benefits P2 HUMAN RESOURCES BENEFITS 4
Analyst II, Compensation P2 HUMAN RESOURCES COMPENSATION 4
Analyst II, Finance P2 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Analyst II, GIS P2 TECHNOLOGY GIS 3
Analyst III, GIS P3 TECHNOLOGY GIS 3
Architect, IT Security P4 TECHNOLOGY INFORMATION SECURITY 3
Architect, Landscape P2 PLANNING PARK PLANNING 1
Architect, Technology P4 TECHNOLOGY TECHNOLOGY 3
Asst Superintendent, Parks OT6 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Auditor II, Sales Tax P2 FINANCE & ACCOUNTING REVENUE 4
Bailiff A2 LEGAL JUDICIAL 4
Business Support I A2 ADMINISTRATION ADMINISTRATION 4
Business Support II A3 ADMINISTRATION ADMINISTRATION 4
Business Support III A4 ADMINISTRATION ADMINISTRATION 4
Buyer I P1 FINANCE & ACCOUNTING PURCHASING 4
Buyer II P2 FINANCE & ACCOUNTING PURCHASING 4
Chemist P1 SCIENCES & ENGINEERING SCIENCES 3
Chief Deputy City Clerk P2 ADMINISTRATION MUNICIPAL ADMINISTRATION 4
City Clerk M3 ADMINISTRATION MUNICIPAL ADMINISTRATION 4
City Clerk Administrator A4 ADMINISTRATION MUNICIPAL ADMINISTRATION 4
City Engineer M3 SCIENCES & ENGINEERING ENGINEERING 3
City Traffic Engineer M3 SCIENCES & ENGINEERING ENGINEERING 3
Civil Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3
Civil Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3
Civil Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3
Community Service Officer OT4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5B
Coordinator, AR / Billing A4 FINANCE & ACCOUNTING ACCOUNTING 4
Coordinator, Accounting A4 FINANCE & ACCOUNTING ACCOUNTING 4
Coordinator, Accounts Payable A4 FINANCE & ACCOUNTING ACCOUNTING 4
Coordinator, Bldg & Dev Review A4 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Coordinator, Communications A4 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Coordinator, Cultural Services A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Coordinator, Customer Support A4 CUSTOMER SERVICE CUSTOMER SERVICE 4
Coordinator, Finance A4 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Coordinator, HRIS A4 HUMAN RESOURCES HRIS 4
Coordinator, Outreach A4 PROTECTIVE SERVICES INVESTIGATION 5
Coordinator, Payroll A4 FINANCE & ACCOUNTING ACCOUNTING 4
Coordinator, Public Engagement A4 CUSTOMER SERVICE OUTREACH 4
Court Security Officer OT4 PROTECTIVE SERVICES OPERATIONS 5
Crew Chief, Electric Dist S1 OPERATIONS ELECTRIC UTILITIES 2
Crew Chief, Facilities S1 OPERATIONS FACILITIES & FLEET 2
Crew Chief, Forestry S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Crew Chief, Natural Areas S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Crew Chief, Parks S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Crew Chief, Transportation Ops S1 OPERATIONS TRANSPORTATION 2
EXHIBIT A
Crew Chief, Water Field Ops S1 OPERATIONS WATER UTILITIES 2
Crime Analyst A5 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Criminalist A6 PROTECTIVE SERVICES INVESTIGATION 5
Curator P1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Deputy City Clerk A5 ADMINISTRATION MUNICIPAL ADMINISTRATION 4
Deputy Court Administrator S1 LEGAL JUDICIAL 4
Deputy Court Clerk I A3 LEGAL JUDICIAL 4
Deputy Court Clerk II A4 LEGAL JUDICIAL 4
Dir, Economic Sustainability M3 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Dir, Electric Distribution M3 OPERATIONS ELECTRIC UTILITIES 2
Dir, Environ Sustainability M3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Dir, Social Sustainability M3 SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Dir, Transportation Operations M3 OPERATIONS TRANSPORTATION 2
Dir, Workforce Safety Security M3 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4
Director, Accounting M3 FINANCE & ACCOUNTING ACCOUNTING 4
Director, Budget M3 FINANCE & ACCOUNTING BUDGET 4
Director, Civil Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3
Director, Civil Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3
Director, Communications M3 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Director, Cultural Services M3 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Director, Elec Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3
Director, FP&A M3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Director, Facilities & Fleet M3 OPERATIONS FACILITIES & FLEET 2
Director, Human Resources M3 HUMAN RESOURCES TALENT MANAGEMENT 4
Director, Information Services M3 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Director, Park Planning M3 PLANNING PARK PLANNING 1
Director, Parks M3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Director, Plant Operations M3 OPERATIONS PLANT OPERATIONS 2
Director, Purchasing M3 FINANCE & ACCOUNTING PURCHASING 4
Director, Recreation M3 CULTURE, PARKS & RECREATION RECREATION 1
Director, Sciences M3 SCIENCES & ENGINEERING SCIENCES 3
Director, Transit M3 OPERATIONS TRANSPORTATION 2
Director, Water Field Ops M3 OPERATIONS WATER UTILITIES 2
Electrical Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3
Electrical Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3
Electrical Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3
Electrician OT4 OPERATIONS FACILITIES & FLEET 2
Emergency Commun Dispatcher OT4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A
Engineer I, Fiber P1 TECHNOLOGY FIBER 3
Engineer I, Network P1 TECHNOLOGY NETWORK 3
Engineer II, Network P2 TECHNOLOGY NETWORK 3
Engineer II, Systems P2 TECHNOLOGY SYSTEMS 3
Exec Assistant To The City Mgr P1 ADMINISTRATION ADMINISTRATION 4
Executive Admin Assistant A5 ADMINISTRATION ADMINISTRATION 4
Inspector, Code Compliance OT3 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Investigative Aide A5 PROTECTIVE SERVICES INVESTIGATION 5
Lab Assistant OT1 SCIENCES & ENGINEERING SCIENCES 3
Lead Analyst, Utility Rate P4 FINANCE & ACCOUNTING UTILITY 4
Lead Coord, Communications A6 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Lead Coord, Utility Rate/Fee A6 FINANCE & ACCOUNTING UTILITY 4
Lead Inspector, Construction OT6 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Lead Park Ranger S1 PROTECTIVE SERVICES OPERATIONS 5
Lead Rep, Customer Support A5 CUSTOMER SERVICE CUSTOMER SERVICE 4
Lead Spc, Cultural Services P3 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Lead Spc, Employee Relations P3 HUMAN RESOURCES TALENT MANAGEMENT 4
Lead Spc, Env Sustainability P3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Lead Spc, Process Improvement P3 ADMINISTRATION PROJECT MANAGEMENT 4
Lead Spc, Soc Sustainability P3 SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Lead Spc, Special Events P3 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1
Lead Specialist, Compliance P3 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Lead Sr Facilities Project Mgr M1 ADMINISTRATION PROJECT MANAGEMENT 4
Lead Tech, Graphic Design A6 MARKETING & CREATIVE SERVICES MEDIA 4
Lead Technician, Sciences A6 SCIENCES & ENGINEERING SCIENCES 3
Lead Technician, Video Prod A6 MARKETING & CREATIVE SERVICES MEDIA 4
Legal Assistant A3 LEGAL LEGAL 4
Locator, Elec Dist - Field Ops OT3 OPERATIONS ELECTRIC UTILITIES 2
Manager, Active Modes M1 PLANNING TRANSPORTATION PLANNING 1
Manager, Applications Software M1 TECHNOLOGY APPLICATIONS SOFTWARE 3
Manager, Apps Software Dev M1 TECHNOLOGY APPLICATIONS SOFTWARE 3
Manager, Broadband M1 OPERATIONS BROADBAND 2
Manager, City Planning M1 PLANNING CITY PLANNING 1
Manager, Civil Engineering M1 SCIENCES & ENGINEERING ENGINEERING 3
Manager, Client Services M1 TECHNOLOGY CLIENT SERVICES 3
Manager, Construction Inspect M1 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Manager, Cultural Services M1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Manager, Customer Support M1 CUSTOMER SERVICE CUSTOMER SERVICE 4
Manager, Econ Sustainability M1 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Manager, Elec Distr Hi Voltage M1 OPERATIONS ELECTRIC UTILITIES 2
Manager, Env Sustainability M1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Manager, Environ Planning M1 PLANNING ENVIRONMENTAL PLANNING 1
Manager, FP&A M1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Manager, GIS M1 TECHNOLOGY GIS 3
Manager, Graphic Design M1 MARKETING & CREATIVE SERVICES MEDIA 4
Manager, Historic Preservation M1 PLANNING CITY PLANNING 1
Manager, Marketing M1 MARKETING & CREATIVE SERVICES MARKETING 4
Manager, Payroll M1 FINANCE & ACCOUNTING ACCOUNTING 4
Manager, Plant Operations M1 OPERATIONS PLANT OPERATIONS 2
Manager, Public Engagement M1 CUSTOMER SERVICE OUTREACH 4
Manager, Real Estate M1 OPERATIONS FACILITIES & FLEET 2
Manager, Recreation M1 CULTURE, PARKS & RECREATION RECREATION 1
Manager, Sciences M1 SCIENCES & ENGINEERING SCIENCES 3
Manager, Systems Admin M1 TECHNOLOGY SYSTEMS 3
Manager, Systems Engineering M1 TECHNOLOGY SYSTEMS 3
Manager, Talent Acquisition M1 HUMAN RESOURCES TALENT MANAGEMENT 4
Manager, Talent Development M1 HUMAN RESOURCES TALENT MANAGEMENT 4
Manager, Technical Proj Mgmt M1 ADMINISTRATION PROJECT MANAGEMENT 4
Manager, Traffic Engineering M1 SCIENCES & ENGINEERING ENGINEERING 3
Manager, Transportation Ops M1 OPERATIONS TRANSPORTATION 2
Manager, Transportation Plng M1 PLANNING TRANSPORTATION PLANNING 1
Manager, Video Production M1 MARKETING & CREATIVE SERVICES MEDIA 4
Manager, Water Field Ops M1 OPERATIONS WATER UTILITIES 2
Manager, Wellness M1 HUMAN RESOURCES BENEFITS 4
Master Electrician OT6 OPERATIONS FACILITIES & FLEET 2
Mechanical Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3
Mechanical Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3
Municipal Court Administrator S2 LEGAL JUDICIAL 4
Municipal Court Case Worker A5 LEGAL JUDICIAL 4
Natural Areas Trail Ranger OT4 PROTECTIVE SERVICES OPERATIONS 5
Officer I, Enforcement OT2 PROTECTIVE SERVICES OPERATIONS 5
Officer I, Transportation Ops OT2 OPERATIONS TRANSPORTATION 2
Officer II, Enforcement OT3 PROTECTIVE SERVICES OPERATIONS 5
Operator I, Transit OT2 OPERATIONS TRANSPORTATION 2
Operator I, Transportation Ops OT2 OPERATIONS TRANSPORTATION 2
Operator II, Transit OT3 OPERATIONS TRANSPORTATION 2
Operator II, Transportation Op OT3 OPERATIONS TRANSPORTATION 2
Paralegal A6 LEGAL LEGAL 4
Park Ranger OT4 PROTECTIVE SERVICES OPERATIONS 5
Partner, Human Resources P2 HUMAN RESOURCES TALENT MANAGEMENT 4
Planner, City P2 PLANNING CITY PLANNING 1
Planner, Environmental P2 PLANNING ENVIRONMENTAL PLANNING 1
Police Officer OT6 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C
Police Psychologist P4 PROTECTIVE SERVICES INVESTIGATION 5
Police Sergeant S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C
Probation Officer A5 LEGAL JUDICIAL 4
Project Analyst P1 ADMINISTRATION PROJECT MANAGEMENT 4
Project Coordinator A5 ADMINISTRATION PROJECT MANAGEMENT 4
Project Manager P2 ADMINISTRATION PROJECT MANAGEMENT 4
Rep I, Customer Support A2 CUSTOMER SERVICE CUSTOMER SERVICE 4
Rep II, Customer Support A3 CUSTOMER SERVICE CUSTOMER SERVICE 4
Rep II, Police Records A3 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Specialist, Active Modes P1 PLANNING TRANSPORTATION PLANNING 1
Specialist, City Planning P1 PLANNING CITY PLANNING 1
Specialist, Communications P1 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Specialist, Customer Support P1 CUSTOMER SERVICE CUSTOMER SERVICE 4
Specialist, Econ Sustainabilty P1 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Specialist, Env Sustainability P1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Specialist, Facilities P1 OPERATIONS FACILITIES & FLEET 2
Specialist, Outreach P1 PROTECTIVE SERVICES INVESTIGATION 5
Specialist, Public Engagement P1 CUSTOMER SERVICE OUTREACH 4
Specialist, Safety P1 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4
Specialist, Sales P1 MARKETING & CREATIVE SERVICES SALES 4
Specialist, Sciences P1 SCIENCES & ENGINEERING SCIENCES 3
Specialist, Social Sustain P1 SUSTAINABILITY SOCIAL SUSTAINABILITY 1
Specialist, Talent Acquisition P1 HUMAN RESOURCES TALENT MANAGEMENT 4
Specialist, Talent Development P1 HUMAN RESOURCES TALENT MANAGEMENT 4
Specialist, Wellness P1 HUMAN RESOURCES BENEFITS 4
Sr Accountant P3 FINANCE & ACCOUNTING ACCOUNTING 4
Sr Administrator, Database P3 TECHNOLOGY DATABASE 3
Sr Administrator, Systems P3 TECHNOLOGY SYSTEMS 3
Sr Analyst, Apps Software P3 TECHNOLOGY APPLICATIONS SOFTWARE 3
Sr Analyst, Apps Software Dev P3 TECHNOLOGY APPLICATIONS SOFTWARE 3
Sr Analyst, Budget P3 FINANCE & ACCOUNTING BUDGET 4
Sr Analyst, Business Systems P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, Compensation P3 HUMAN RESOURCES COMPENSATION 4
Sr Analyst, Finance P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4
Sr Analyst, HRIS P3 HUMAN RESOURCES HRIS 4
Sr Analyst, IT Security P3 TECHNOLOGY INFORMATION SECURITY 3
Sr Analyst, Systems P3 TECHNOLOGY SYSTEMS 3
Sr Analyst, Treasury P3 FINANCE & ACCOUNTING TREASURY / INVESTMENT 4
Sr Architect, Landscape P3 PLANNING PARK PLANNING 1
Sr Buyer P3 FINANCE & ACCOUNTING PURCHASING 4
Sr Coord, Sales Tax Audit Rev A5 FINANCE & ACCOUNTING REVENUE 4
Sr Coordinator, AP A5 FINANCE & ACCOUNTING ACCOUNTING 4
Sr Coordinator, Active Modes A5 PLANNING TRANSPORTATION PLANNING 1
Sr Coordinator, Benefits A5 HUMAN RESOURCES BENEFITS 4
Sr Coordinator, Communications A5 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Sr Coordinator, Cultural Svcs A5 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Sr Coordinator, Forestry A5 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Coordinator, HRIS A5 HUMAN RESOURCES HRIS 4
Sr Coordinator, Marketing A5 MARKETING & CREATIVE SERVICES MARKETING 4
Sr Coordinator, Payroll A5 FINANCE & ACCOUNTING ACCOUNTING 4
Sr Coordinator, Public Engage A5 CUSTOMER SERVICE OUTREACH 4
Sr Coordinator, Recreation A5 CULTURE, PARKS & RECREATION RECREATION 1
Sr Coordinator, Risk Mgmt A5 FINANCE & ACCOUNTING RISK MANAGEMENT 4
Sr Coordinator, Safety A5 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4
Sr Coordinator, Talent Dev A5 HUMAN RESOURCES TALENT MANAGEMENT 4
Sr Coordinator, Wellness A5 HUMAN RESOURCES BENEFITS 4
Sr Engineer, Network P3 TECHNOLOGY NETWORK 3
Sr Engineer, Systems P3 TECHNOLOGY SYSTEMS 3
Sr Facilities Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Manager, Accounting M2 FINANCE & ACCOUNTING ACCOUNTING 4
Sr Manager, Apps Software M2 TECHNOLOGY APPLICATIONS SOFTWARE 3
Sr Manager, Benefits M2 HUMAN RESOURCES BENEFITS 4
Sr Manager, Bldg & Dev Review M2 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Sr Manager, Civil Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Manager, Compensation M2 HUMAN RESOURCES COMPENSATION 4
Sr Manager, Cultural Services M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Sr Manager, Cultural Services M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Sr Manager, Customer Support M2 CUSTOMER SERVICE CUSTOMER SERVICE 4
Sr Manager, Econ Sustainabilty M2 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Manager, Elec Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Manager, Emergency Comms M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A
Sr Manager, Env Sustain M2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Manager, Facilities & Fleet M2 OPERATIONS FACILITIES & FLEET 2
Sr Manager, Forestry M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Manager, Information Svcs M2 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Sr Manager, Mechanical Engr M2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Manager, Natural Areas M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Manager, Neighborhood Svcs M2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1
Sr Manager, Network Engineerng M2 TECHNOLOGY NETWORK 3
Sr Manager, OEM M2 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Manager, Parks M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Manager, Sales Tax/Revenue M2 FINANCE & ACCOUNTING REVENUE 4
Sr Manager, Sciences M2 SCIENCES & ENGINEERING SCIENCES 3
Sr Manager, Technology M2 TECHNOLOGY TECHNOLOGY 3
Sr Manager, Traffic Engr M2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Manager, Transit M2 OPERATIONS TRANSPORTATION 2
Sr Manager, Transportation Pln M2 PLANNING TRANSPORTATION PLANNING 1
Sr Manager, Water Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Planner, City P3 PLANNING CITY PLANNING 1
Sr Planner, Environmental P3 PLANNING ENVIRONMENTAL PLANNING 1
Sr Planner, Transportation P3 PLANNING TRANSPORTATION PLANNING 1
Sr Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Rep, Cultural Svcs A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Sr Spc, Neighborhood Svcs P2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1
Sr Spc, Process Improvement P2 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Specialist, Communications P2 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4
Sr Specialist, Cust Support P2 CUSTOMER SERVICE CUSTOMER SERVICE 4
Sr Specialist, Econ Sustain P2 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1
Sr Specialist, Env Compliance SUSTAINABILITY COMPLIANCE 1
Sr Specialist, Enviro Sustain P2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1
Sr Specialist, Outreach P2 PROTECTIVE SERVICES INVESTIGATION 5
Sr Specialist, Parks P2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Specialist, Public Engage P2 CUSTOMER SERVICE OUTREACH 4
Sr Specialist, Real Estate P2 OPERATIONS FACILITIES & FLEET 2
Sr Specialist, Recreation P2 CULTURE, PARKS & RECREATION RECREATION 1
Sr Specialist, Sciences P2 SCIENCES & ENGINEERING SCIENCES 3
Sr Supervisor, AR / Billing S2 FINANCE & ACCOUNTING ACCOUNTING 4
Sr Supervisor, Administration S2 ADMINISTRATION ADMINISTRATION 4
Sr Supervisor, Bldg & Dev Rev S2 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Sr Supervisor, CSO S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5B
Sr Supervisor, Code Compliance S2 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Sr Supervisor, Cultural Svcs S2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Sr Supervisor, Cust Support S2 CUSTOMER SERVICE CUSTOMER SERVICE 4
Sr Supervisor, Electric Dist S2 OPERATIONS ELECTRIC UTILITIES 2
Sr Supervisor, Emergency Comms S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A
Sr Supervisor, Facilities S2 OPERATIONS FACILITIES & FLEET 2
Sr Supervisor, Fleet S2 OPERATIONS FACILITIES & FLEET 2
Sr Supervisor, Forestry S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Supervisor, HRIS S2 HUMAN RESOURCES HRIS 4
Sr Supervisor, Parks S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Supervisor, Plant Ops S2 OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Plant Ops S2 OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Process Support S2 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Sr Supervisor, Project Mgmt S2 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Supervisor, Public Engage S2 CUSTOMER SERVICE OUTREACH 4
Sr Supervisor, Recreation S2 CULTURE, PARKS & RECREATION RECREATION 1
Sr Supervisor, Sciences S2 SCIENCES & ENGINEERING SCIENCES 3
Sr Supervisor, Transit S2 OPERATIONS TRANSPORTATION 2
Sr Supervisor, Transportn Ops S2 OPERATIONS TRANSPORTATION 2
Sr Tech, Processing Support A5 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Sr Tech, Transportation Ops OT5 OPERATIONS TRANSPORTATION 2
Sr Technical Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4
Sr Technician, Client Services A5 TECHNOLOGY CLIENT SERVICES 3
Sr Technician, Facilities OT5 OPERATIONS FACILITIES & FLEET 2
Sr Technician, Fiber OT5 TECHNOLOGY FIBER 3
Sr Technician, Maintenance OT5 OPERATIONS PLANT OPERATIONS 2
Sr Technician, Network Engr A5 TECHNOLOGY NETWORK 3
Sr Technician, Police Admin A5 PROTECTIVE SERVICES POLICE ADMINISTRATION 5
Sr Technician, Traffic Engr OT5 SCIENCES & ENGINEERING ENGINEERING 3
Sr Technician, Video Prod A5 MARKETING & CREATIVE SERVICES MEDIA 4
Sr Technician, Water Field Ops OT5 OPERATIONS WATER UTILITIES 2
Supervisor, Administration S1 ADMINISTRATION ADMINISTRATION 4
Supervisor, Bldg & Dev Rev S1 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Supervisor, Civil Engineering S1 SCIENCES & ENGINEERING ENGINEERING 3
Supervisor, Client Services S1 TECHNOLOGY CLIENT SERVICES 3
Supervisor, Cultural Services S1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Supervisor, Customer Support S1 CUSTOMER SERVICE CUSTOMER SERVICE 4
Supervisor, Energy Services S1 OPERATIONS FACILITIES & FLEET 2
Supervisor, Enforcement S1 PROTECTIVE SERVICES OPERATIONS 5
Supervisor, Facilities S1 OPERATIONS FACILITIES & FLEET 2
Supervisor, Fleet S1 OPERATIONS FACILITIES & FLEET 2
Supervisor, Network Engr S1 TECHNOLOGY NETWORK 3
Supervisor, Plant Operations S1 OPERATIONS PLANT OPERATIONS 2
Supervisor, Plant Operations S1 OPERATIONS PLANT OPERATIONS 2
Supervisor, Transit S1 OPERATIONS TRANSPORTATION 2
Tech II, Processing Support A4 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Tech II, Sales Tax Audit & Rev A4 FINANCE & ACCOUNTING REVENUE 4
Tech II, Transportation Ops OT4 OPERATIONS TRANSPORTATION 2
Technician I, Bldg Dev Review A3 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Technician I, Civil Engr OT3 SCIENCES & ENGINEERING ENGINEERING 3
Technician I, Customer Support OT3 CUSTOMER SERVICE CUSTOMER SERVICE 4
Technician I, Facilities OT3 OPERATIONS FACILITIES & FLEET 2
Technician I, Fiber OT3 OPERATIONS FIBER 2
Technician I, Fleet OT3 OPERATIONS FACILITIES & FLEET 2
Technician I, Forestry OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Technician I, Natural Areas OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Technician I, Parks OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Technician I, Police Admin A3 PROTECTIVE SERVICES POLICE ADMINISTRATION 5
Technician I, Water Field Util OT3 OPERATIONS WATER UTILITIES 2
Technician II, Apps Software A4 TECHNOLOGY APPLICATIONS SOFTWARE 3
Technician II, Civil Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3
Technician II, Client Services A4 TECHNOLOGY CLIENT SERVICES 3
Technician II, Energy Services OT4 OPERATIONS FACILITIES & FLEET 2
Technician II, Facilities OT4 OPERATIONS FACILITIES & FLEET 2
Technician II, Fiber OT4 TECHNOLOGY FIBER 3
Technician II, Fleet OT4 OPERATIONS FACILITIES & FLEET 2
Technician II, Forestry OT4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Technician II, GIS A4 TECHNOLOGY GIS 3
Technician II, Graphic Design A4 MARKETING & CREATIVE SERVICES MEDIA 4
Technician II, Video Prod A4 MARKETING & CREATIVE SERVICES MEDIA 4
Technician II, Water Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3
Technician II, Wtr Field Util OT4 OPERATIONS WATER UTILITIES 2
Victim Advocate A4 PROTECTIVE SERVICES INVESTIGATION 5
Water Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3
Worker I, Facilities OT1 OPERATIONS FACILITIES & FLEET 2
Worker I, Parks OT1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Worker I, Recreation OT1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Worker I, Transit OT1 OPERATIONS TRANSPORTATION 2
Worker I, Transportation Ops OT1 OPERATIONS TRANSPORTATION 2
Worker II, Cultural Services OT2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1
Worker II, Facilities OT2 OPERATIONS FACILITIES & FLEET 2
Worker II, Fleet OT2 OPERATIONS FACILITIES & FLEET 2
1
Packet Pg. 103
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE
1
2.00 MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
1.00 M3
$3,393.08 $4,524.08 $5,655.12
$7,351.67 $9,802.17
$88,220.00 $117,626.00 $147,033.00
$12,252.75
BIWEEKLY
MONTHLY
ANNUAL
2.00 M2
$3,098.92 $4,131.88 $5,164.85
$6,714.33 $8,952.42
$80,572.00 $107,429.00 $134,286.00
$11,190.50
BIWEEKLY
MONTHLY
ANNUAL
3.00 M1
$2,804.77 $3,739.69 $4,674.62
$6,077.00 $8,102.67
$72,924.00 $97,232.00 $121,540.00
$10,128.33
BIWEEKLY
MONTHLY
ANNUAL
4.00 S2
$2,302.65 $3,070.19 $3,837.73
$4,989.08 $6,652.08
$59,869.00 $79,825.00 $99,781.00
$8,315.08
BIWEEKLY
MONTHLY
ANNUAL
5.00 S1
$2,026.35 $2,701.77 $3,377.23
$4,390.42 $5,853.83
$52,685.00 $70,246.00 $87,808.00
$7,317.33
BIWEEKLY
MONTHLY
ANNUAL
5.00 PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
2.00 P3
$2,281.04 $3,041.38 $3,801.73
$4,942.25 $6,589.67
$59,307.00 $79,076.00 $98,845.00
$8,237.08
BIWEEKLY
MONTHLY
ANNUAL
3.00 P2
$2,007.31 $2,676.42 $3,345.54
$4,349.17 $5,798.92
$52,190.00 $69,587.00 $86,984.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE
6.00 ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
1.00 A6
$2,008.73 $2,510.92 $3,013.12
$4,352.25 $5,440.33
$52,227.00 $65,284.00 $78,341.00
$6,528.42
BIWEEKLY
MONTHLY
ANNUAL
2.00 A5
$1,826.15 $2,282.65 $2,739.19
$3,956.67 $4,945.75
$47,480.00 $59,349.00 $71,219.00
$5,934.92
BIWEEKLY
MONTHLY
ANNUAL
3.00 A4
$1,660.12 $2,075.15 $2,490.19
$3,596.92 $4,496.17
$43,163.00 $53,954.00 $64,745.00
$5,395.42
BIWEEKLY
MONTHLY
ANNUAL
4.00 A3
$1,494.12 $1,867.65 $2,241.15
$3,237.25 $4,046.58
$38,847.00 $48,559.00 $58,270.00
$4,855.83
BIWEEKLY
MONTHLY
ANNUAL
5.00 A2
$1,344.69 $1,680.88 $2,017.08
$2,913.50 $3,641.92
$34,962.00 $43,703.00 $52,444.00
$4,370.33
BIWEEKLY
MONTHLY
ANNUAL
7.00 OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
1.00 OT6
$2,156.92 $2,696.15 $3,235.38
$4,673.33 $5,841.67
$56,080.00 $70,100.00 $84,120.00
$7,010.00
BIWEEKLY
MONTHLY
ANNUAL
2.00 OT5
$1,941.23 $2,426.54 $2,911.85
$4,206.00 $5,257.50
$50,472.00 $63,090.00 $75,708.00
$6,309.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 2 OPERATIONS
2
2.00 MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
1.00 M3
$4,186.00 $5,581.31 $6,976.65
$9,069.67 $12,092.83
$108,836.00 $145,114.00 $181,393.00
$15,116.08
BIWEEKLY
MONTHLY
ANNUAL
2.00 M2
$3,558.08 $4,744.12 $5,930.12
$7,709.17 $10,278.92
$92,510.00 $123,347.00 $154,183.00
$12,848.58
BIWEEKLY
MONTHLY
ANNUAL
3.00 M1
$3,024.38 $4,032.50 $5,040.62
$6,552.83 $8,737.08
$78,634.00 $104,845.00 $131,056.00
$10,921.33
BIWEEKLY
MONTHLY
ANNUAL
4.00 S2
$2,412.54 $3,216.69 $4,020.88
$5,227.17 $6,969.50
$62,726.00 $83,634.00 $104,543.00
$8,711.92
BIWEEKLY
MONTHLY
ANNUAL
5.00 S1
$2,123.00 $2,830.69 $3,538.35
$4,599.83 $6,133.17
$55,198.00 $73,598.00 $91,997.00
$7,666.42
BIWEEKLY
MONTHLY
ANNUAL
5.00 PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
3.00 P2
$1,909.62 $2,546.15 $3,182.69
$4,137.50 $5,516.67
$49,650.00 $66,200.00 $82,750.00
$6,895.83
BIWEEKLY
MONTHLY
ANNUAL
4.00 P1
$1,680.46 $2,240.62 $2,800.77
$3,641.00 $4,854.67
$43,692.00 $58,256.00 $72,820.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 2 OPERATIONS
7.00 OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
1.00 OT6
$2,180.38 $2,725.46 $3,270.58
$4,724.17 $5,905.17
$56,690.00 $70,862.00 $85,035.00
$7,086.25
BIWEEKLY
MONTHLY
ANNUAL
2.00 OT5
$1,982.15 $2,477.69 $2,973.23
$4,294.67 $5,368.33
$51,536.00 $64,420.00 $77,304.00
$6,442.00
BIWEEKLY
MONTHLY
ANNUAL
3.00 OT4
$1,801.96 $2,252.46 $2,702.96
$3,904.25 $4,880.33
$46,851.00 $58,564.00 $70,277.00
$5,856.42
BIWEEKLY
MONTHLY
ANNUAL
4.00 OT3
$1,638.15 $2,047.69 $2,457.23
$3,549.33 $4,436.67
$42,592.00 $53,240.00 $63,888.00
$5,324.00
BIWEEKLY
MONTHLY
ANNUAL
5.00 OT2
$1,489.23 $1,861.54 $2,233.85
$3,226.67 $4,033.33
$38,720.00 $48,400.00 $58,080.00
$4,840.00
BIWEEKLY
MONTHLY
ANNUAL
6.00 OT1
$1,353.85 $1,692.31 $2,030.77
$2,933.33 $3,666.67
$35,200.00 $44,000.00 $52,800.00
$4,400.00
BIWEEKLY
MONTHLY
ANNUAL
Page 11 of 17
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Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY
3
2.00 MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
1.00 M3
$4,106.35 $5,475.15 $6,843.92
$8,897.08 $11,862.83
$106,765.00 $142,354.00 $177,942.00
$14,828.50
BIWEEKLY
MONTHLY
ANNUAL
2.00 M2
$3,570.77 $4,761.00 $5,951.27
$7,736.67 $10,315.50
$92,840.00 $123,786.00 $154,733.00
$12,894.42
BIWEEKLY
MONTHLY
ANNUAL
3.00 M1
$3,105.00 $4,140.00 $5,175.00
$6,727.50 $8,970.00
$80,730.00 $107,640.00 $134,550.00
$11,212.50
BIWEEKLY
MONTHLY
ANNUAL
4.00 S2
$2,700.00 $3,600.00 $4,500.00
$5,850.00 $7,800.00
$70,200.00 $93,600.00 $117,000.00
$9,750.00
BIWEEKLY
MONTHLY
ANNUAL
5.00 S1
$2,376.00 $3,168.00 $3,960.00
$5,148.00 $6,864.00
$61,776.00 $82,368.00 $102,960.00
$8,580.00
BIWEEKLY
MONTHLY
ANNUAL
5.00 PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
1.00 P4
$3,336.62 $4,448.81 $5,561.00
$7,229.33 $9,639.08
$86,752.00 $115,669.00 $144,586.00
$12,048.83
BIWEEKLY
MONTHLY
ANNUAL
2.00 P3
$2,936.23 $3,914.96 $4,893.69
$6,361.83 $8,482.42
$76,342.00 $101,789.00 $127,236.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY
7.00 OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
2.00 OT5
$2,129.50 $2,661.85 $3,194.23
$4,613.92 $5,767.33
$55,367.00 $69,208.00 $83,050.00
$6,920.83
BIWEEKLY
MONTHLY
ANNUAL
3.00 OT4
$1,953.65 $2,442.08 $2,930.50
$4,232.92 $5,291.17
$50,795.00 $63,494.00 $76,193.00
$6,349.42
BIWEEKLY
MONTHLY
ANNUAL
4.00 OT3
$1,758.31 $2,197.88 $2,637.46
$3,809.67 $4,762.08
$45,716.00 $57,145.00 $68,574.00
$5,714.50
BIWEEKLY
MONTHLY
ANNUAL
5.00 OT2
$1,582.46 $1,978.08 $2,373.69
$3,428.67 $4,285.83
$41,144.00 $51,430.00 $61,716.00
$5,143.00
BIWEEKLY
MONTHLY
ANNUAL
6.00 OT1
$1,424.23 $1,780.27 $2,136.35
$3,085.83 $3,857.25
$37,030.00 $46,287.00 $55,545.00
$4,628.75
BIWEEKLY
MONTHLY
ANNUAL
Page 13 of 17
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Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL
4
2.00 MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
1.00 M3
$3,842.88 $5,123.88 $6,404.85
$8,326.25 $11,101.75
$99,915.00 $133,221.00 $166,526.00
$13,877.17
BIWEEKLY
MONTHLY
ANNUAL
2.00 M2
$3,341.69 $4,455.54 $5,569.46
$7,240.33 $9,653.67
$86,884.00 $115,844.00 $144,806.00
$12,067.17
BIWEEKLY
MONTHLY
ANNUAL
3.00 M1
$2,905.81 $3,874.38 $4,843.00
$6,295.92 $8,394.50
$75,551.00 $100,734.00 $125,918.00
$10,493.17
BIWEEKLY
MONTHLY
ANNUAL
4.00 S2
$2,223.00 $2,999.62 $3,705.00
$4,816.50 $6,499.17
$57,798.00 $77,990.00 $96,330.00
$8,027.50
BIWEEKLY
MONTHLY
ANNUAL
5.00 S1
$1,956.23 $2,608.31 $3,260.38
$4,238.50 $5,651.33
$50,862.00 $67,816.00 $84,770.00
$7,064.17
BIWEEKLY
MONTHLY
ANNUAL
5.00 PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
1.00 P4
$2,715.38 $3,620.54 $4,525.65
$5,883.33 $7,844.50
$70,600.00 $94,134.00 $117,667.00
$9,805.58
BIWEEKLY
MONTHLY
ANNUAL
2.00 P3
$2,424.46 $3,232.62 $4,040.77
$5,253.00 $7,004.00
$63,036.00 $84,048.00 $105,060.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL
6.00 ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
1.00 A6
$1,925.08 $2,406.31 $2,887.58
$4,171.00 $5,213.67
$50,052.00 $62,564.00 $75,077.00
$6,256.42
BIWEEKLY
MONTHLY
ANNUAL
2.00 A5
$1,750.04 $2,187.58 $2,625.08
$3,791.75 $4,739.75
$45,501.00 $56,877.00 $68,252.00
$5,687.67
BIWEEKLY
MONTHLY
ANNUAL
3.00 A4
$1,590.96 $1,988.69 $2,386.42
$3,447.08 $4,308.83
$41,365.00 $51,706.00 $62,047.00
$5,170.58
BIWEEKLY
MONTHLY
ANNUAL
4.00 A3
$1,431.85 $1,789.81 $2,147.77
$3,102.33 $3,877.92
$37,228.00 $46,535.00 $55,842.00
$4,653.50
BIWEEKLY
MONTHLY
ANNUAL
5.00 A2
$1,288.69 $1,610.85 $1,933.00
$2,792.17 $3,490.17
$33,506.00 $41,882.00 $50,258.00
$4,188.17
BIWEEKLY
MONTHLY
ANNUAL
7.00 OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
3.00 OT4
$1,609.23 $2,011.54 $2,413.85
$3,486.67 $4,358.33
$41,840.00 $52,300.00 $62,760.00
$5,230.00
BIWEEKLY
MONTHLY
ANNUAL
4.00 OT3
$1,448.31 $1,810.38 $2,172.46
$3,138.00 $3,922.50
$37,656.00 $47,070.00 $56,484.00
$4,707.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 5 PROTECTIVE SERVICES (non-CBU)
5
2.00 MANAGERIAL
MINIMUM MIDPOINT MAXIMUM
1.00 M3
$3,547.35 $4,729.77 $5,912.23
$7,685.92 $10,247.83
$92,231.00 $122,974.00 $153,718.00
$12,809.83
BIWEEKLY
MONTHLY
ANNUAL
2.00 M2
$3,015.23 $4,020.31 $5,025.38
$6,533.00 $8,710.67
$78,396.00 $104,528.00 $130,660.00
$10,888.33
BIWEEKLY
MONTHLY
ANNUAL
3.00 M1
$2,562.96 $3,417.27 $4,271.58
$5,553.08 $7,404.08
$66,637.00 $88,849.00 $111,061.00
$9,255.08
BIWEEKLY
MONTHLY
ANNUAL
4.00 S2
$2,065.69 $2,754.23 $3,442.81
$4,475.67 $5,967.50
$53,708.00 $71,610.00 $89,513.00
$7,459.42
BIWEEKLY
MONTHLY
ANNUAL
5.00 S1
$1,817.81 $2,423.73 $3,029.65
$3,938.58 $5,251.42
$47,263.00 $63,017.00 $78,771.00
$6,564.25
BIWEEKLY
MONTHLY
ANNUAL
5.00 PROFESSIONAL
MINIMUM MIDPOINT MAXIMUM
1.00 P4
$2,569.46 $3,425.92 $4,282.42
$5,567.17 $7,422.83
$66,806.00 $89,074.00 $111,343.00
$9,278.58
BIWEEKLY
MONTHLY
ANNUAL
2.00 P3
$2,234.31 $2,979.08 $3,723.85
$4,841.00 $6,454.67
$58,092.00 $77,456.00 $96,820.00
CITY OF FORT COLLINS
2020 PAY PLAN
TABLE: 5 PROTECTIVE SERVICES (non-CBU)
6.00 ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
1.00 A6
$2,262.85 $2,828.54 $3,394.23
$4,902.83 $6,128.50
$58,834.00 $73,542.00 $88,250.00
$7,354.17
BIWEEKLY
MONTHLY
ANNUAL
2.00 A5
$2,057.12 $2,571.38 $3,085.69
$4,457.08 $5,571.33
$53,485.00 $66,856.00 $80,228.00
$6,685.67
BIWEEKLY
MONTHLY
ANNUAL
3.00 A4
$1,870.08 $2,337.62 $2,805.15
$4,051.83 $5,064.83
$48,622.00 $60,778.00 $72,934.00
$6,077.83
BIWEEKLY
MONTHLY
ANNUAL
4.00 A3
$1,700.08 $2,125.12 $2,550.12
$3,683.50 $4,604.42
$44,202.00 $55,253.00 $66,303.00
$5,525.25
BIWEEKLY
MONTHLY
ANNUAL
5.00 A2
$1,530.08 $1,912.58 $2,295.12
$3,315.17 $4,143.92
$39,782.00 $49,727.00 $59,673.00
$4,972.75
BIWEEKLY
MONTHLY
ANNUAL
7.00 OPERATIONS & SKILLED TRADE
MINIMUM MIDPOINT MAXIMUM
3.00 OT4
$1,683.15 $2,103.92 $2,524.69
$3,646.83 $4,558.50
$43,762.00 $54,702.00 $65,642.00
$5,470.17
BIWEEKLY
MONTHLY
ANNUAL
4.00 OT3
$1,514.81 $1,893.54 $2,272.23
$3,282.08 $4,102.67
$39,385.00 $49,232.00 $59,078.00
$4,923.17
Job Title 12345678910
LINE GROUNDWORKER $49,404 $51,775 $54,261 $56,865 $59,596 $62,456 $65,516 $68,783
ELECTRIC LINEWORKER $68,878 $72,768 $74,935 $77,172 $79,513 $81,890 $84,337 $87,377 $90,610 $96,099
LINE CREW CHIEF $100,424 $104,808
ELECTRIC METER TECH $55,515 $61,060 $65,209 $69,326 $73,411 $77,455
ELECTRONIC TECHNICIAN II $64,979 $72,640 $78,673 $84,641 $90,659
SUBSTATION SPECIALIST $70,558 $78,876 $85,427 $91,908 $98,443
SUBSTATION ELEC/COMM SPEC $80,249 $88,478 $96,356 $103,902 $111,963
ELECTRIC SYSTEMS OPERATOR $68,878 $73,415 $77,951 $82,488 $87,025 $91,562 $96,099
PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132
LEAD PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132 $78,888 $82,645
WATER UTILITY MAINT OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854
WATER METER SYSTEMS OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854
WATER METER TECHNICIAN $43,617 $47,420 $50,269 $53,279 $56,484 $60,854
MECHANIC $49,419 $54,779 $56,946 $59,246 $61,613 $64,081 $66,647 $68,951
BUILDING INSPECTOR $56,415 $61,933 $64,424 $67,295 $69,926 $72,727 $75,633 $78,710
LEAD BUILDING INSPECTOR $62,056 $68,141 $70,869 $74,039 $76,970 $80,038 $83,208 $86,581
CITY OF FORT COLLINS
2020 PAY PLAN
Step Ladders
Step
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Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Chad Crager, PDT Interim Deputy Director
Dan Woodward, Civil Engineer I
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 146, 2019, Adopting the 2020 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the 2020 Larimer County Regional Transportation Capital Expansion Fee
schedule.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2000, the City of Fort Collins (City) and Larimer County (County) entered into an intergovernmental
agreement (IGA) authorizing the City to collect Larimer County Regional Capital Expansion Fees (Regional
TCEF) on behalf of the County. The Regional TCEF generates revenue for capacity related improvements to
regionally significant roadways that are necessitated by new development. The Regional TCEF are only used
on improvements that mutually benefit both the City and County. The Regional TCEF are collected at the
issuance of a building permit.
Per the agreement, the County serves as the Regional TCEF administrator and is responsible to develop
project recommendations for fee utilization. The County’s recommendations are typically based on the
County’s Transportation Master Plan, a document which identifies regionally significant roadways. Once a
project has been identified, City and County staff work together to determine Regional TCEF funding
allocations. Regional TCEF are frequently leveraged with other funds to support larger scale capital projects
and can fully support small scale capacity related improvements.
The City and County have previously partnered to design and construct several projects along regionally
significant roadways using the Regional TCEF; including improvements to Taft Hill Road, Shields Street, and
the Shields Street/Vine Drive intersection. City and County staff continue to plan for future improvements,
recognizing opportunities for additional improvements along regionally significant corridors.
The Larimer County Land Use Code specifies that its Regional TCEF must be updated annually to reflect
changes in road construction costs during the previous year. In July, the County adopted a revised fee
schedule which increased the Regional TCEF by 3.1%. The County’s fee adjustment is based on a two-year
moving average calculated from the Colorado Construction Cost Index data compiled by the Colorado
Department of Transportation. A copy of the adoption memo has been included with this item. The revised
fees are as follows:
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Agenda Item 7
Item # 7 Page 2
Development Type 2020 Regional
Road Fee
2019 Regional
Road Fee
Increase or
Decrease
Residential (per dwelling) by Finished Square Foot of Living Space
900 or less $168 $163 $5
901 to 1300 $235 $228 $7
1301 to 1800 $284 $275 $9
1801 to 2400 $332 $322 $10
2401 to 3000 $372 $361 $11
3001 to 3600 $405 $393 $12
3601 or more $433 $420 $13
Non-Residential (per 1000 Square Feet of Floor Area)
Industrial $103 $100 $3
Commercial $435 $422 $13
Office & Other Services $256 $248 $8
Under the IGA, revisions to the Regional TCEF do not take effect in the City until City Council approves a new
fee schedule.
CITY FINANCIAL IMPACTS
The fees are collected on behalf of Larimer County and the program. Revenues from the fees will pass through
City accounts and will not affect City revenue limits under Article X, Section 20. The City does retain a 2%
administration fee. Adoption will result in an increase to development fee payers.
BOARD / COMMISSION RECOMMENDATION
City staff did not present this item to any boards and commissions as the fees are being adjusted for inflation
only.
PUBLIC OUTREACH
As these fees are managed and administered by Larimer County, City staff did not participate in scheduled
public outreach.
ATTACHMENTS
1. Larimer County Fee Revision Adoption Memo (PDF)
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LARIMER COUNTY | ENGINEERING DEPARTMENT
P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org
MEMORANDUM
TO: Board of County Commissioners
FROM: Mark Peterson, County Engineer
DATE: May 31, 2019
RE: Transportation Capital Expansion Fee Adjustments for 2019
This is intended as notification to the Board of County Commissioners that Larimer County’s
Transportation Capital Expansion Fees (TCEFs) for 2019 will increase by 3.1% from their 2018
values. As an example of what this change means, the total TCEF on a new single family home
(between 1,801 SF – 2,400 sf) will increase by $129, from $4,168 to $4,297. The updated table showing
the 2019 TCEFs is below.
The Land Use Code specifies an effective date for the annually updated fees as July 1st. A July 1st
effective date is consistent with the effective date that the Planning and Building Department is
implementing for their cost of living increases to their fees.
The Land Use Code also specifies that the TCEFs shall be updated annually to reflect changes in road
construction costs during the previous year. The methodology for such adjustments is based on an 8-
quarter moving average calculated from Colorado Construction Cost Index quarterly data compiled and
reported by the Colorado Department of Transportation (CDOT).
No further action is needed from the Board of County Commissioners (BCC) for this this year’s increase
of 3.1%. The procedure spelled out in the Land Use Code states that, if the change in fees is less than
5%, then the new fees become effective without further action by the BCC. In the event that the
change exceeds 5% in the future, the Land Use Code specifies that we would need to come to the BCC
for review and approval.
As a reminder, the TCEFs were last updated as part of the updated Larimer County Transportation
Capital Expansion Fee Study done by the Consulting Firm, TischlerBise, which was approved by the BCC
in the Spring of 2018. The 2018 update simplified the fee calculation and the benefit districts from the
previous study that was done in 2006. Larimer County began collecting transportation capital
expansion fees Impact Fee since 1998.
Please let us know if you have any questions.
ATTACHMENT 1
7.1
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Attachment: Larimer County Fee Revision Adoption Memo (8481 : Larimer County Regional Road Fee Schedule)
May 31, 2019
Transportation Capital Expansion Fee Adjustments
Page 2
2019 Residential TCEF
Finished Living Space per Dwelling
(Square Feet)
Regional Road Fee County Road Fee Total TCEF
($) ($) ($)
900 or less $168 $2,006 $2,174
901-1300 $235 $2,812 $3,047
1301-1800 $284 $3,386 $3,670
1801-2400 $332 $3,965 $4,297
2401-3000 $372 $4,449 $4,821
3001-3600 $405 $4,845 $5,250
3601 or more $433 $5,176 $5,609
2019 Commercial TCEF
Commercial Use per 1,000 SF of Floor
Area
Regional Road Fee County Road Fee Total TCEF
($) ($) ($)
Industrial $103 $1,233 $1,336
Commercial $435 $5,195 $5,630
Office & Other Services $256 $3,057 $3,313
7.1
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Attachment: Larimer County Fee Revision Adoption Memo (8481 : Larimer County Regional Road Fee Schedule)
-1-
ORDINANCE NO. 146, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2020 LARIMER COUNTY REGIONAL
TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE
WHEREAS, the City and Larimer County (the “County”) previously entered into an
intergovernmental agreement, as amended from time to time, whereby the City collects a
Regional Transportation Capital Expansion Fee (also known as a “regional road impact” fee) on
behalf of Larimer County at the time of issuance of building permits, which fee raises revenue
for road improvements on regionally significant roadways that are necessitated by new
development (the “IGA”); and
WHEREAS, the City and the County have established a procedure pursuant to City Code
Section 7.5-82(c)(1) for the City Council to consider and approve any County-proposed changes
to the Regional Transportation Capital Expansion Fee schedule in order to reflect changes in
construction costs, or other relevant factors (the “Regional TCEF Schedule”); and
WHEREAS, the last changes to the Regional TCEF Schedule were formally adopted by
the City in 2018 and the County is now proposing a revised fee schedule that increases the
Regional TCEF by 3.1%, which increase reflects changes in road construction costs and is based
on a two-year moving average calculated from the Colorado Construction Cost Index data
compiled by the Colorado Department of Transportation; and
WHEREAS, under the terms of the IGA, revisions to the Regional TCEF Schedule do not
take effect in the City until City Council approves the new fee schedule; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the County’s proposed changes to the Regional TCEF Schedule be adopted in order to further the
public interest of adequately funding road improvements that are necessitated by new
developments along regionally significant roadways that impact 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.
Section 2. That the 2020 Larimer County Regional Transportation Capital Expansion
Fee Schedule attached hereto as Exhibit “A” and incorporated herein by reference is hereby
adopted and approved, and shall go into effect in Fort Collins upon the effective date of this
Ordinance.
Packet Pg. 119
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 120
2020 LARIMER COUNTY REGIONAL TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE
Development Type 2020 Regional
Road Fee
2019 Regional
Road Fee
Increase or
Decrease
Residential (per dwelling) by Finished Square Foot of Living Space
900 or less $168 $163 $5
901 to 1300 $235 $228 $7
1301 to 1800 $284 $275 $9
1801 to 2400 $332 $322 $10
2401 to 3000 $372 $361 $11
3001 to 3600 $405 $393 $12
3601 or more $433 $420 $13
Non-Residential (per 1000 Square Feet of Floor Area)
Industrial $103 $100 $3
Commercial $435 $422 $13
Office & Other Services $256 $248 $8
EXHIBIT A
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Attachment: Exhibit A (8483 : Larimer County Regional Road Fee Schedule ORD)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Kerri Allison, Real Estate Specialist II
Theresa Connor, Water Engineering Field Operations Mgr
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 147, 2019, Authorizing the Exchange of Stormwater Easements Between the
City of Fort Collins and John C. Graham and Ginger L. Graham.
EXECUTIVE SUMMARY
The purpose of this item is to authorize an exchange of stormwater easements across portions of property
located in the Southwest Quarter of Section 6, Township 7 North, Range 68 West of the 6th P.M: a stormwater
easement from the City of Fort Collins to John C. Graham and Ginger L. Graham (consisting of 5,749 square
feet located on City property) and a stormwater easement from John C. Graham and Ginger L. Graham to the
City of Fort Collins (consisting of 34,885 square feet) and a temporary construction easement (consisting of
22,235 square feet) would be exchanged. As consideration for the easements on the Graham property the
City would convey the easement across City property and the Stormwater Utility would agree to apply the
balance of the difference between the value of the two easements to Stormwater Plant Investment Fees (PIF)
and monthly stormwater fees for a hay barn built by the Grahams within the City limits, instead of additional
cash consideration. The City’s receipt of the easements across the Graham property is consideration for the
easement across City property and the credited stormwater fees.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Grahams requested a stormwater easement from the City in order to facilitate their desire to bring flow
from the Lindenmeir Channel to the NECCO Channel and eliminate existing overland flow on their property.
The City needs a permanent easement and a temporary construction easement from the Grahams for the
construction of the NECCO A4 lateral, which is designed to eliminate a failing pump station that was placed on
the property as a temporary structure in the 1980s. The A4 lateral will remove the pump station and allow more
efficient drainage from the north and west.
The value of the easement the City would grant to the Grahams is approximately $2,150, while the value of the
easements from the Grahams to the City is approximately $26,700, a difference of $24,550.
The Grahams have obtained a building permit for a hay barn on their eastern pasture that triggers a
stormwater Plant Investment Fee (PIF) of $4,722.11 and approximately $82.20 per month in stormwater fees
at current rates. Rather than the City paying cash for the difference in value between the easements, the
Grahams have asked that the City credit the difference to the stormwater PIF and fees as consideration for the
easements they are granting to the City until the total difference of $24,550 has been reached. The value of
the easement being provided by the Grahams to the City adequately covers the value of the easement the City
is proposing granting to the Grahams, as well as the value of the stormwater PIF and monthly fees for almost
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Agenda Item 8
Item # 8 Page 2
20 years. The Stormwater Utility’s agreement to credit the monthly stormwater fees would apply only while the
property the barn is on is owned by a member of the Graham family or an entity controlled by a member of the
Graham family, and is only for the hay barn permitted under Building Permit #B1903339. Future
improvements on the property within the City may result in other stormwater fees that would not be affected by
this arrangement.
The Utilities department has been working closely with the Grahams to assure the easements and project
goals align.
CITY FINANCIAL IMPACTS
Because the value of the easements the City is receiving from the Grahams exceeds the value of the
easement the Grahams are receiving from the City, City staff is recommending that the City not charge the
Grahams for their easement from the City.
ATTACHMENTS
1. Location map (PDF)
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10TH ST
CONIFER ST
MAIN ST
9TH ST
TRUJILLO ST
LOPEZ CT
N LEMAY AVE
VISTA ALTA ST
E VINE DR
Easement from Jack Graham to City ±
Easement from City to Jack Graham
Easement Conveyance-Location City/Map Graham Properties
ATTACHMENT 1 8.1
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Attachment: Location map (8267 : Stormwater Easement conveyance - Grahams)
-1-
ORDINANCE NO. 147, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXCHANGE OF STORMWATER EASEMENTS BETWEEN
THE CITY OF FORT COLLINS AND JOHN C. GRAHAM AND GINGER L. GRAHAM
WHEREAS, the City is the owner of a parcel of land located in in the Southwest Quarter
of Section 6, Township 7 North, Range 68 West of the 6
th
P.M., Larimer County, Colorado, as
more particularly described on Exhibit “A”, attached and incorporated herein by reference (the
“City Property”); and
WHEREAS, John C. Graham and Ginger L. Graham (the “Grahams”) are the owners of
several parcels of land located in the Southwest Quarter of Section 6, Township 7 North, Range
68 West of the 6
th
P.M., Larimer County, Colorado, as more particularly described on Exhibit
“B”, attached and incorporated herein by reference (the “Graham Property”); and;
WHEREAS, the City has requested a drainage and utility easement (consisting of 34,885
square feet), as well as a temporary construction easement (consisting of 22,235 square feet) (the
“City Easements”), on and across a portion of the Graham Property to facilitate the construction
of the NECCO A4 lateral, which is designed to eliminate a failing pump station that was placed
on the property as a temporary structure in the 1980s; and
WHEREAS, the new A4 lateral will remove the pump station and allow more efficient
drainage from the north and west; and
WHEREAS, the proposed City Easements are more particularly described and shown on
Exhibits “C” and “D”, attached and incorporated herein by reference; and
WHEREAS, the Grahams have requested a drainage easement (consisting of 5,749
square feet) on and across the City Property to bring flow from the Lindenmeir Channel to the
NECCO Channel and eliminate existing overland flow on their property (the “Graham
Easement”); and
WHEREAS, the proposed Graham Easement is more particularly described and shown
on Exhibit “E”, attached and incorporated herein by reference; and
WHEREAS, the value of the City Easements (approximately $26,700) exceeds the value
of the Graham Easement (approximately $2,150) by $24,550; and
WHEREAS, the Grahams have obtained a City building permit for a hay barn (Building
Permit #B1903339) on their eastern pasture, a parcel of land identified in the records of the
Larimer County Assessor as Parcel No. 80706400001 (the “Barn Parcel”), which triggers a
stormwater PIF of $4,722.11 and approximately $82.20 per month in City stormwater fees at
current rates; and
Packet Pg. 125
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WHEREAS, as additional consideration for the easements they are granting to the City
the Grahams have asked that the City credit the difference in value between the easements,
which the City would otherwise owe to the Grahams, to the PIF and stormwater fees until the
difference in values has been reached or the Barn Parcel is transferred to someone other than a
Graham family member or a legal entity controlled by a Graham family member, whichever
comes first; and
WHEREAS, the credit would apply only to the fees triggered by construction of the barn,
and not additional fees for future development activities on the Barn Parcel or other property
owned by the Grahams; and
WHEREAS, Article XII, Section 6 of the City Charter allows the Council to approve the
proposed fee-credit arrangement so long as the Council determines that it provides a betterment
to the stormwater utility or serves another specific utility purpose that is beneficial to the
ratepayers of such utility; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Graham
Easement, on the terms and conditions described herein, is in the best interests of the City.
Section 3. That the City Council hereby recognizes that the value of the easements
the City is receiving from the Grahams exceeds the value of the easement the Grahams are
receiving from the City; therefore, the PIF and stormwater fees triggered by Building Permit
#B1903339 are to be treated as additional consideration for the Graham’s conveyance of the City
Easements so long as the Grahams own the Barn Parcel and the City Council hereby finds that
such arrangement provides a betterment to the stormwater utility.
Section 4. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Graham Easement to the Grahams on terms and conditions consistent
with this Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the easement, as long as such changes do not materially increase the size or change the
character of the interest to be conveyed.
Packet Pg. 126
-3-
Section 5. That the City Manager is hereby authorized to execute such documents as
are necessary to accept the City Easements from the Grahams, and to document the credit of the
PIF and stormwater fees as additional consideration for the City Easements, on terms and
conditions consistent with this Ordinance, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 127
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
1
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Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
Resolution 2019-108 Approving the Midtown Business Improvement District 2020 Budget and Operating Plan.
EXECUTIVE SUMMARY
The purpose of this item is to approve the Midtown Business Improvement District (BID) 2020 budget and
operating plan. The Midtown BID includes parcels fronting South College Avenue from Drake Road in the
north to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway between East Swallow
Road and South College Avenue.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On December 5, 2017, City Council adopted Ordinance No. 165, 2017, creating and establishing the Midtown
Business Improvement District (BID), approving the BID’s initial budget and operating plan, and appointing the
BID’s initial board of directors. On November 6, 2018, a TABOR election regarding the formation of the BID
passed unanimously.
The City Council created the BID under, and in accordance with, the Business Improvement District Act in Part
12 of Article 25 in Title 31 of the Colorado Revised Statutes. Section 31-25-1211 of the Act requires that the
Council review and either approve or disapprove by December 5th the BID’s budget and operating plan for
each upcoming fiscal year. The BID has submitted its proposed 2020 Budget and Operating Plan for Council’s
consideration and approval. The Resolution, if adopted by Council, approves the BID’s 2020 Budget and
Operating Plan. The 2020 Budget and Operating Plan are attached to Resolution 2019-108 as Exhibit A.
The BID’s Vision for Midtown
Midtown has recently seen significant change. With the opening of the new Foothills Mall and significant
investment taking place throughout the corridor, stakeholders envision a refreshed future for the District, one
that continues to invigorate the area with destination retail, higher-density development, commercial
opportunities and unique urban living opportunities. A distinctive identity, placemaking, events, activities and
people-oriented uses will create a new shopping and entertainment hub in the heart of Fort Collins, providing
distinctive options and opportunities for locals and visitors to the community.
The BID’s Role in Midtown
The development of the Midtown BID provides an opportunity to create a sustainable funding source to
leverage public sector investments and provide private sector stakeholders in the area with a stronger platform
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Agenda Item 9
Item # 9 Page 2
through which to advocate for-and directly fund-needed improvements as Midtown comes into a new era. The
Midtown BID aims to:
• Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the
neighborhood, and champion the vision of Midtown.
• Serve as the activator of the Midtown neighborhood, providing programming, marketing and activities year-
round.
• Purposefully improve and advance Midtown and facilitate economic growth and overall increased vitality in
Midtown.
• Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it to life.
• Create synergistic relationships with the City of Fort Collins to create an accessible and desirable place for
locals and visitors.
• Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the
economy, thus diversifying the mix and adding new business opportunities.
• Provide awareness, recognition, promotion and education about Midtown.
• Keep Midtown safe, clean and welcoming.
• Be an administrative umbrella that brings the neighborhood together and maximizes funding opportunities
for the future of Midtown.
BID Boundaries
The Midtown BID includes parcels fronting South College Avenue from Drake Road in the north to Boardwalk
Drive in the south, as well as those fronting East Foothills Parkway between East Swallow Road and South
College Avenue in the City of Fort Collins, County of Larimer, State of Colorado.
BID Assessment Method and Budget
The BID utilizes an assessment method that is based upon linear frontage of a property on College Avenue
and Foothills Parkway within the BID boundary. The initial assessment is $10 per linear foot, annually. Only
commercially assessed properties are included. The BID will raise approximately $159,747 in 2020.
2020 Proposed BID Budget and Services
The following table lays out the proposed 2020 budget for the Midtown BID:
Table 1
2020 Midtown BID Budget
Expenditure Budget Amount
Management and Business Support
Hiring effective staff or consultants to support the board and administer
the programs and projects is critical for the BID.
$15,000
Branding and Identity
In 2020, focus will continue to be the development of a brand identity,
brand standards, and an implementation plan.
$25,000
Wayfinding Strategy/Plan
In 2020, the BID will continue work towards developing a design plan for
district wayfinding signage, as well as a siting plan. Implementation won’t
likely be able to begin until late 2020/early 2021 (unless other funds can
be leveraged), but this plan will aim to build off of the branding plan.
$33,000
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Agenda Item 9
Item # 9 Page 3
Events
No events were held in year one. However, going forward, a focus will
be on consolidating events into one calendar, supporting and helping
to brand existing events as BID events, and leveraging fundraising
and other financial support to develop new events as deemed
appropriate.
$10,000
Placemaking
Investing in placemaking in 2020 will make a critical visible impact on
the district, and be a good way to demonstrate to stakeholders that the
BID is advancing projects with their investment. This is also a good
place for the BID to leverage City and other funding to implement
notable urban projects. 2020 projects will focus on identifying and
implementing quick win projects and identifying longer-term needs that
can be delivered in future years of the BID operations.
$95,000
Other Expenditures
These may include:
• Legal costs
• Accounting
• Insurance
• Repayment of start-up expenses
• Web site
$25,700
TOTAL 2020 BUDGET $203,700
Exhibit A to the Resolution provides a comprehensive overview of the BID’s finances.
BID Bonding
As allowed by law, the BID may issue bonds or other multiple-year financial obligations only if the BID is
authorized to do so by its operating plan, budget and its voters in a future election. The election must comply
with all applicable state requirements, including the TABOR Amendment, and would limit the amount of debt
that may be issued to no more than the amount that is approved by the BID voters.
BID Board Members
Per Ordinance No. 165, 2017, the Midtown BID Board consists of nine members appointed by the Mayor and
confirmed by City Council. The Board presents the following members for Council’s consideration as part of
this resolution:
a. John Hoxmeir for a term ending December 31, 2021,
b. Rayno Seaser for a term ending December 31, 2020,
c. Mike Dellenbach for a term ending December 31, 2020,
d. David Fritzler for a term ending December 31, 2020,
e. Spiro Palmer for a term ending December 31, 2020,
f. Luke McFetridge for a term December 31, 2021,
g. Patrick Bunyard for a term ending December 31, 2021,
h. Lauren DeRosa for a term ending December 31, 2020, and
i. Carrie Baumgart for a term ending December 31, 2020
CITY FINANCIAL IMPACTS
The Resolution has no impact on the City’s financials.
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Agenda Item 9
Item # 9 Page 4
ATTACHMENTS
1. Midtown BID Boundary Map (PDF)
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E Swallow Rd
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9725308010
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9725222007
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9725222010
9725222012
9725222015
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RESOLUTION 2019-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE MIDTOWN BUSINESS IMPROVEMENT
DISTRICT 2020 BUDGET AND OPERATING PLAN
WHEREAS, on December 5, 2017, the City Council adopted Ordinance No. 165,
2017, creating the Midtown Business Improvement District (the “District”) in accordance with
the provisions of the Business Improvement District Act in Part 12 of Article 25 in Title 31 of
the Colorado Revised Statutes (the “Act”); and
WHEREAS, the City Council also appointed the District’s initial board of directors
(the “District Board”) in Ordinance No. 165, 2017; and
WHEREAS, the District Board has approved and submitted to the City Clerk the
District’s 2020 Operating Plan and Proposed Budget, which is attached hereto as Exhibit “A”
and incorporated herein by reference (the “2020 Budget and Operating Plan”); and
WHEREAS, Section 31-25-1211 of the Act provides that the City Council shall either
approve or disapprove the 2020 Budget and Operating Plan by December 5, 2019 and, if
approved, the District’s services, improvements and financial arrangements for 2020 are to
conform as far as practicable to the 2020 Budget and Operating Plan unless amended with the
City Council’s prior approval; and
WHEREAS, the City Council has reviewed the 2020 Budget and Operating Plan and
finds and determines that it satisfies the requirements of the Act and should be approved.
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 District’s 2020 Budget and Operating Plan is hereby approved
and, as required by the Act, the District’s 2020 services, improvements and financial
arrangements shall conform as far as practicable with the 2020 Budget and Operating Plan.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of December, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 143
Midtown Business Improvement District
City of Fort Collins, Colorado
2020 Operating Plan and Proposed Budget
BID NAME
Midtown Business Improvement District (BID).
LEGAL AUTHORITY
A BID in Colorado is organized pursuant to the Business Improvement District Act, Section 31-25-
1201 et seq., Colorado Revised Statutes. A BID is legally created via the following process:
Stakeholders acquire petition signatures of commercial property owners representing a
majority of the total assessed value and a majority of the total acreage of the proposed
BID area.
The City adopts an ordinance establishing the district, following notice and a public
hearing.
ABOUT MIDTOWN
Midtown is a growing, thriving hub in central Fort Collins. The properties adjacent to College
Avenue, from approximately Drake south to Boardwalk, as well as the Foothills Mall, make up
Midtown. In total, the corridor spans slightly over one and a half miles. Today, Midtown is an
active place with a wide range of commercial activities and a limited amount of residential and
institutional uses. Automobile dealerships make up a significant portion of the business mix, while
big box retailers, and in-line strip retail characterize the shopping offer. Within the last few years,
there has been renewed commitment to and interest in supporting a revitalized Midtown with a
focus on a long-term strategy to support the strength of the district, both physically and
economically.
THE VISION FOR MIDTOWN
Midtown has recently seen significant change. With the opening of the new Foothills Mall and
significant investment taking place throughout the corridor, stakeholders envision a refreshed
future for the district, one that continues to invigorate the area with destination retail, higher-
density development, commercial opportunities, and unique urban living. A distinctive identity,
placemaking, sub-district identity development, events, activities and people-oriented uses will
create multiple new shopping and entertainment areas in the heart of Fort Collins, providing
distinctive options and opportunities for locals and visitors to the community. Historically
characterized as the strip retail corridor of Fort Collins, the emerging vision of Midtown will
incorporate urban redevelopment, urban design, and enhanced pedestrian spaces to begin a long
term transition to a place where citizens need to go for services but want to stay once they arrive.
Continuous BID and City investment in revitalization will ensure the City’s Comprehensive Plan
(City Plan) of the corridor will be realized and the retail core of the community will be stable.
EXHIBIT A
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Attachment: Exhibit A (8485 : Midtown BID 2020 Operating Plan RES)
Midtown Business Improvement District
2020 Operating Plan and Proposed Budget
Page 2 of 7
THE BID’S ROLE IN MIDTOWN
The development of the Midtown BID provides an opportunity to create a sustainable funding
source to leverage public sector investments and provide private sector stakeholders in the area
with a stronger platform through which to advocate for – and directly fund – needed
improvements as Midtown comes into a new era. The Midtown BID aims to:
Create a collective voice to accomplish the goals of the neighborhood, provide leadership
for the neighborhood, and champion the vision of Midtown.
Serve as the activator of the Midtown neighborhood, providing programming, marketing
and activities year-round.
Purposefully improve and advance Midtown urban design to facilitate economic growth
and overall increased vitality in Midtown.
Develop and establish Midtown’s character and personality, communicate it succinctly,
and bring it to life. A custom logo is being developed and specific character elements are
being added to enhance the sense of place. Working with the City’s previously developed
Midtown Plan and Midtown in Motion Plan, various improvements are envisioned over
the next 10-15 years that will transform the Midtown Corridor from classic suburban strip,
to vital exciting urban form.
Create synergistic relationships with the City of Fort Collins to create an accessible and
desirable place for locals and visitors.
Find interesting, active and creative uses for shops, sidewalks and open spaces that can
boost the economy, thus diversifying the mix and adding new business opportunities.
Provide awareness, recognition, promotion and education about Midtown.
Keep Midtown safe, clean and welcoming.
Be an administrative umbrella that brings the neighborhood together and maximizes
funding opportunities for the future of Midtown.
BID BOUNDARIES
The Midtown BID includes parcels fronting South College Avenue from Drake Road in the north
to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway between East
Swallow Road and South College Avenue in the City of Fort Collins, County of Larimer, State of
Colorado.
BID SERVICES
The specific types of services that the BID will fund were developed and prioritized by the business
and property owners of Midtown, and include:
A. Midtown Promotion, Management, and Business Support: The BID aims to be the go-to
resource for Midtown, providing leadership and business support, while championing
stakeholders’ needs to create an environment that’s welcoming to the larger community and
visitors. Projects to support the stakeholders will include:
Administrative support to help manage Midtown, advocate for Midtown needs, and focus
on leveraging resources and improvements for the area.
Promotion of Midtown commercial sector development that supports strategic economic
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Midtown Business Improvement District
2020 Operating Plan and Proposed Budget
Page 3 of 7
growth and creates a vibrant environment in which Midtown businesses can thrive.
Supplementing the BID budget and identifying strategic funding opportunities to leverage
and enhance the base assessments collected from year to year.
Building partnerships and developing strategies to increase community participation,
leadership and coordination, including (but not limited to) partnerships with the City of
Fort Collins, the Fort Collins Downtown Development Authority, and the Downtown Fort
Collins Business Association.
Providing business support for Midtown businesses, serving as the “concierge” for all
things Midtown and helping businesses succeed by providing them with useful tools and
resources, including tracking policies, data, and other useful information.
Shaping the retail, restaurant and overall storefront experience in Midtown by developing
and implementing a strategy for strengthening the offer on the ground level and
enhancing the existing business mix in Midtown.
Growing the base of Midtown to lengthen the urban influence area.
B. Midtown Branding, Marketing, and Activation: The BID aims to develop and deliver a
unique experience that encourages locals and visitors to explore Midtown, and to establish a
strong identity that is recognizable and highlights the distinctive Midtown offer. Projects may
include:
Development of an authentic, compelling and clear brand for Midtown that uniquely
identifies its offer and potential.
Producing targeted marketing and messaging to the community and visitors.
Developing year-round programming, events and activities that draw in diverse
demographic groups to experience and explore Midtown and give them a reason to stay,
explore and spend money in the district.
Facilitating events that attract customers into businesses and leveraging partnerships with
Midtown stakeholders.
Public and community relations in support of growing the Midtown corridor that help
promote why Midtown is a destination in its own right.
C. Midtown Placemaking and Maintenance: The BID will work to activate the public realm in
Midtown and develop a clean, safe and friendly environment, offering enhancements and
amenities that create a welcoming destination and support larger-scale infrastructure projects
proposed for the area. Projects will include:
Creation of a unique Midtown ambiance and sense of place that is safe, accessible,
walkable and easy to park.
Development of a unifying aesthetic for Midtown’s public spaces and right of way through
the addition of public realm amenities throughout Midtown, including more benches, bike
racks, public art and trash/recycling cans.
Investments in unique Midtown wayfinding signage and gateways that create a sense of
place and help guests explore the area whether by car, by bicycle, or on foot.
Adding color and vibrancy to the district by funding banners, holiday lighting and public
art.
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2020 Operating Plan and Proposed Budget
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BID ASSESSMENT METHOD AND BUDGET
The BID will utilize an assessment method that is based upon linear frontage of a property on
College Avenue and Foothills Parkway within the BID boundary. The initial assessment will be $10
per linear foot, annually. Only commercially-assessed properties will be included.
Additionally, the BID will have the ability to raise the assessment annually not to exceed the
Consumer Price Index for all Urban Consumers (CPI-U) for the Denver-Boulder-Greeley, Colorado
metropolitan area. This decision will be at the discretion of the BID board.
Bringing in revenue and contributions in addition to the BID assessment will increase impact and
help the organization to best leverage investments into Midtown. To that end, the BID will work
to procure supporting funding from the City of Fort Collins as well as grants, donations,
sponsorships, memberships, fee-for-service projects, crowdsourcing and partnerships on top of
the BID special assessment. The BID Board, with City approval, would determine the annual
operating budget each year of BID operations, based upon the priorities set out in this plan.
Properties adjacent to, but not within the BID boundaries, may elect to participate in the BID.
Upon request, the BID would provide technical assistance to help. To do so, the owners of such
properties would be required to file a written petition with the City of Fort Collins, requesting that
their property be included in the BID. The petition shall be accompanied by a deposit of money
sufficient to pay all costs of the inclusion or exclusion proceedings. Public notice will be given, a
public hearing will be held and an ordinance may be adopted by Fort Collins City Council. The
determination of assessment for properties joining the BID which do not have frontage on either
College Avenue or Foothills Parkway shall be assessed the same frontage rate as the rest of the
BID for their particular frontage on the street they are located.
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2020 Operating Plan and Proposed Budget
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2020 PROPOSED BUDGET
The BID’s accomplishments in the first several years will inform future year’s investment and
projects. The BID is in a formative stage, similar to the place the Downtown Development
Authority was 40 years ago. The startup is small but anticipated to increase over future years.
Demonstrating success in the early years will enable the BID to attract more participants and
grow the base. With revenues being spent on marketing, urban design, and promotion, the visual
influence and future revenue potential will grow much as it has in downtown.
BID BONDING
As allowed by law, the BID may issue bonds or other multiple-year financial obligations only if the
BID is authorized to do so by its operating plan, budget and its voters in a future election. The
election must comply with all applicable state requirements, including the TABOR Amendment,
and would limit the amount of debt that may be issued to no more than the amount that is
approved by the BID voters.
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Midtown Business Improvement District
2020 Operating Plan and Proposed Budget
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BID GOVERNANCE
The BID statute allows for a board of 5 to 11 members who are BID electors. The Midtown BID
Board consists of the following nine appointed members from the Midtown BID area:
Steve Taylor
Rayno Seaser
Mike Dellenbach
David Fritzler
Spiro Palmer
Luke McFetridge
Patrick Bunyard
Lauren DeRosa
Carrie Baumgart
The terms of office shall be staggered to encourage continuity in BID governance. The maximum
length of a term is three (3) years and the consecutive term limit shall be two (2) terms. After a
member has fulfilled two consecutive terms, that person may not be a member of the Midtown
BID governing body for three (3) years before being reappointed.
BID MANAGEMENT STRUCTURE
The Midtown BID expects to work with the South Fort Collins Business Association (SFCBA) to
deliver its services and hire staff. The SFCBA is a 501(c)(6) organization that supports the
development of Midtown Fort Collins.
BID TERM
BIDs in Colorado may be perpetual. However, the Midtown BID has an initial ten-year term. This
will allow for property and business owners to evaluate the BID’s effectiveness at the end of the
term. If the BID is deemed successful, the BID Board will request that the City Council renew the
BID by ordinance after the initial period. If the BID is not considered to be successful, it will sunset
at the end of the initial term.
CITY SERVICES
BID services will be designed to supplement existing City services and will be in addition to City
services that are currently provided in Midtown. BID services will not replace any existing City
services.
The Midtown BID will provide a number of benefits to the City of Fort Collins, including:
A collective leader and champion for the vision of Midtown, and clear partner with which
the City can work
Help the City of Fort Collins advance its key strategic objectives
Clear economic benefits, including but not limited to:
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Midtown Business Improvement District
2020 Operating Plan and Proposed Budget
Page 7 of 7
o Increased sales revenue through the activation, marketing and promotion of
Midtown creating more visitors and more spending in the area
o Development of Midtown as an entertainment and shopping hub
o Interesting, active and creative uses for shops, sidewalks and open spaces
Opportunity to further demonstrate the commitment to Midtown outlined in the City’s
Midtown Plan
Create a second activity center in Fort Collins and a “place” beyond downtown in Fort
Collins for visitors and locals
Beautification of the City through a refreshed and invigorated area
ANNUAL REVIEW
The BID Act requires the BID to file an annual operating plan and budget with the City on or before
September 30 of each year. The City will review and approve the operating plan and budget as
provided by law.
DISSOLUTION
Under Colorado law, the BID may be dissolved following a public hearing if property owners
representing at least 50% of acreage within the BID and at least 50% of total assessed value within
the BID submit petitions for dissolution to City Council. City Council also retains discretion to
initiate dissolution proceedings if the BID fails to submit an operating plan and budget for two
successive years.
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Trail and Roadway Improvements
Benefiting K-12 Students in Northwest Fort Collins
Tessa Greegor and Nancy Nichols, FC Moves Department
12-3-19
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Strategic Alignment
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Culture & Recreation
• 2.1 Plan, Design, implement
and maintain the City’s parks
and trails systems
Transportation
• 6.1 Improve safety for all
modes of travel
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Project Background
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• Adopted Plans
City Plan, Bicycle Master Plan,
Trails Master Plan
• Project Outdoors
Plug in to Nature in Northwest
Fort Collins
• Safety, Connectivity and
Equity
Before: W. Vine Drive looking east from Lancer Drive
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Connecting Northwest Fort Collins
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• Nearly two miles of new
separated bicycle and
pedestrian routes
• Two new or upgraded
arterial crossings
• Connecting schools, Boys
& Girls Club, Poudre Trail
and Natural Areas
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Collaboration
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• FC Moves
• Park Planning & Development
• Natural Areas
• Engineering
• Traffic Operations
• Streets
• Poudre School District
• Larimer County
• People For Bikes
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Youth to Benefit from Project
Putnam Elementary After-school Walking Club 6
• 3,000 K-12 Students
Putnam, Irish, Lincoln
& Poudre
• Boys & Girls Club
• Safe Routes to
School Programming
• Community
Celebration in 2020
STAFF REPORT
Trail and Roadway Improvements Benefiting K12 Students in Northwest Fort Collins
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Tyler Marr, Deputy Director, Information & Employee Services
Carrie M. Daggett, Legal
SUBJECT
Resolution 2019-109 Adopting the City's 2020 Legislative Policy Agenda.
EXECUTIVE SUMMARY
The purpose of this item is to consider and adopt the City's 2020 Legislative Policy Agenda. Each year the
Legislative Review Committee develops a legislative agenda to assist in the formation, analysis, and advocacy
of pending legislation and regulation. The Legislative Policy Agenda is used as a guide by Council and staff to
determine positions on legislation and regulation pending at the state and federal levels and as a general
reference for state legislators and the City’s congressional delegation. The Legislative Review Committee
recommended adoption of the 2020 agenda at its November 5 meeting.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Legislative Policy Agenda (LPA) is a guiding document meant to reflect issues that affect the quality of life
and governance of our community. It also reflects strategic goals of the City and areas of specific focus based
on recent Council and staff policy efforts. It is used as a guide by Council and staff to determine positions on
pending or introduced legislation, and as a general reference for citizens, community organizations, state
legislators, and members of Congress.
The Legislative Policy Agenda also makes reference to the City’s partners in the legislative space, which
include the Colorado Municipal League, the National League of Cities, the Colorado Association of Municipal
Utilities, and Colorado Communities for Climate Action.
The 2020 LPA was developed with direction from City Council and input from City staff, then reviewed and
edited by the Legislative Review Committee (LRC), which is currently comprised of Councilmembers Cunniff,
Gutowsky, and Summers. Significant changes in this year’s version include the following areas:
• Immigration
• Gun Violence
• Healthcare (Medicare for All)
• Continued refinement of policy statements related to broadband
• Vaping
City Council has given direction over the last year, or has already adopted legislative positions, on each of
these five focus areas. Other changes are the result of specific staff suggestions or refinements based on
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Agenda Item 10
Item # 10 Page 2
legislation that was recently passed. All changes from 2019 are noted in red text in the attached LPA.
(Attachment 1)
In regard to healthcare, the LRC wished to highlight for City Council an option to either:
a. Keep the four statements currently in the draft LPA that reflect support for a wide range of possible health
care policies, including a statement which supports a single-payer model such as Medicare for All, or;
b. Strike all but the first policy statement, and reword it to read “Supports Medicare for All”
City Council gave direction specifically to consider Medicare for All within the LPA. Staff developed and the
LRC reviewed and suggested edits to the four policy statements currently in the draft LPA. These statements
are independent of one another but complementary, addressing a broad range of issues that may improve
various aspects of the health care system and that also reflect the Council’s direction to support a single-payer
system like Medicare for All.
ATTACHMENTS
1. 2020 Legislaitve Policy Agenda (redlined to show changes) (PDF)
2. Powerpoint presentation (PDF)
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2020
City of Fort Collins
Legislative Policy Agenda
ADOPTED DECEMBER
ATTACHMENT 1
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TABLE OF CONTENTS
Table of Contents ............................................................................... 2
Home Rule and Local Control ................................................................. 6
Affordable Housing .............................................................................. 7
Air Quality ........................................................................................ 7
Beer and Liquor ................................................................................. 8
Broadband and Cable ........................................................................... 8
Climate ........................................................................................... 9
Development Review and Land Use Planning ............................................. 10
Elections ........................................................................................ 10
Energy .......................................................................................... 11
Finance ......................................................................................... 12
Hazardous Materials Management .......................................................... 12
Human Resources ............................................................................. 13
Marijuana ....................................................................................... 14
Municipal Court ................................................................................ 15
Oil and Gas ..................................................................................... 15
Open Records and Data Management ...................................................... 16
Parks and Natural Areas ...................................................................... 17
Public Health .................................................................................. 17
Public Safety ................................................................................... 18
Recycling and Solid Waste Reduction ...................................................... 19
Risk Management and Liability .............................................................. 20
Transportation ................................................................................. 21
Urban Renewal and Downtown Development ............................................. 22
Water, Wastewater, and Stormwater ...................................................... 22
City of Fort Collins Legislative Contacts ................................................... 24
INTRODUCTION
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Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City
has grown to become the commercial, educational and cultural hub of Northern
Colorado. The City adopted a home rule charter in 1954 and operates under a
Council-Manager form of government.
The City is a data-driven municipal organization that strives to fulfill its mission,
“Exceptional service for an exceptional community”, through a vision of providing
world-class municipal services through operational excellence and a culture of
innovation. City leaders seek innovative solutions to issues facing the community
and are often willing to leverage emerging technologies.
The Fort Collins City Council annually adopts a Policy Agenda ahead of the
upcoming Colorado general Assembly session for the purpose of guiding legislators
and staff in supporting community goals.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It is
structured to address areas of local concern and to also reflect the strategic
planning that guides City of Fort Collins organizational resource allocation and
decision making.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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CITY OF FORT COLLINS
LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee (LRC) is a representative group of Council
members that reviews and reacts to proposed legislation on behalf of City Council
and the City. In taking a position on bills, the LRC interprets and applies the
various policies that are included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Ross Cunniff, Chair
• Councilmember Ken Summers
• Councilmember Susan Gutowsky
LEGISLATIVE REVIEW PROCESS
In 2020, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and the Colorado Communities for Climate Action
organizations for the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas. The City influences both groups’ policy
agendas, and while not perfectly consistent with our own, both generally advance
and protect the City’s interests.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff. Bills,
regulations and rules that are identified as having a potential impact on the City will
be brought to the LRC for discussion. If LRC adopts a position, staff will convey that
information to the appropriate state or federal representative and advocate for the
adopted position.
Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is
explicitly addressed in this Policy Agenda, staff will proactively work with state and
federal representatives to advance the City’s position as expressed in this legislative
policy agenda and other Council-adopted plans and policies. Staff will provide regular
updates to the LRC and the full City Council regarding bills of consequence to the City
and will consult with the LRC regarding bills for which direction under the adopted
policy is unclear.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The City Attorney’s Office also reviews selected bills and may provide
confidential legal analysis. Fort Collins also works with community partners to support
local projects and staff collaborates with representatives of other municipalities on
mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage
positive outcomes for residents.
The City works closely with the Colorado Municipal League (CML) and the National
League of Cities (NLC) on many legislative items facing cities. Fort Collins
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maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
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2019 2020 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. The City must be free to regulate local
activities that primarily impact the area within the City's boundaries, such as the
speed of local traffic or the effects of particular land use developments. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and supports changes that lessen) the burdens
and limits on municipalities associated with public or other government records,
public meetings and establishment of ethics standards and procedures, operation
of municipal courts, and other matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
7. Supports collaborative regional efforts for the benefit of participating
communities.
8. Supports potential legislation to clarify when an email exchange among elected
officials constitutes a “meeting” subject to the requirements of the Colorado
Open Meetings Law, including possible identification of a safe harbor within which
elected officials can communicate by electronic mail without constituting a
meeting in order to preserve and enable the use of this effective and now
common-place technology within appropriate transparency requirements and
other reasonable limitations.
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AFFORDABLE HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of quality housing is critical
to a vibrant and diverse community.
Therefore, the City:
1. Supports maintaining or enhancing current levels of funding for affordable housing
throughout Colorado, including expanding the State Low Income Housing Tax
Credit program, but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports stronger amendments to construction defect laws to promote the
construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
4.
5. Supports exploring expansion of Mobile Home Act to address rent pad
stabilization and opportunities for resident or mission-based affordable housing
providers to purchase parks when offered for sale.
5.6.Supports consideration of allowing iInclusionary Housing zoning Oordinances to
regulate the construction of new rental housing.
AIR QUALITY
ENVIRONMENTAL HEALTH
The City’s Air Quality Plan establishes a strong overall goal to “continually improve
Fort Collins air quality.”
Therefore, the City:
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1. Supports programs and policies that improve public health and air quality and
support rapid attainment of National Ambient Air Quality Standards, including
ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
4. Supports economic incentives, disincentives and other market approaches that
promote lower emissions, and fewer alternatives to carbon-based fuels.
5. Supports strengthening standards for tailpipe emissions, aggregate vehicle
emission s and/or fuel economy standards for all vehicles. Supports programs and
policies that promote the use of electric vehicles and the development of
infrastructure needed to support the use of those vehicles.
BEER AND LIQUOR
SAFE COMMUNITY
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports clarifying the qualifications for what types and purposes a business may
obtain and use a state liquor license.
2. Supports definition of a “meal” when calculating the percentage of meals served
for a liquor license.
BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintainingSupports maintaining local franchising authority to
preserve local governments’ ability to negotiate in the public interest for cable
channel space, institutional networks and public education and government
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(PEG) programming, and to charge franchise and PEG fees to support local
programming and compensate for the use of rights-of-way.
1. local franchising authority to preserve local governments’ ability to negotiate in
the public interest for cable channel space, institutional networks and public
education and government programming.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
6. Supports revisions to the Colorado Open Meetings Law to allow local
jurisdictions that provide or arrange for telecommunications services or
facilities to authorize executive sessions for discussion of matters pertaining to
competition in the provision of telecommunication services and facilities (such
as matters subject to negotiation, strategic planning, pricing, sales and
marketing, and development planning), along with any other conforming
statutory changes.
CLIMATE
ENVIRONMENTAL HEALTH
Making communities more resilient to disaster and the effects of a changing climate
has become more important to Colorado communities over the last several years as
natural disasters have caused significant human and property loss. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Climate Action Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, and
implementation at all levels of government.
2. Supports market-based mechanisms to reduce emissions, including incentives,
enabling legislation, and other mechanisms to achieve emissions reductions and
increase resiliency in energy, waste reduction, transportation, and water sectors.
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3. Supports protection of the Colorado self-audit law.
Supports reducing the emission of criteria pollutants.
4. Supports prioritizing policies that put people at the center of decision-making, do
not exacerbate or create disparities in growing the green economy, and enhance
equitable outcomes for all.
4. Supports policies that ensure no single population is disproportionately unfairly
burdened by efforts that increase or improve the use of new energy sources and
technologies.
DEVELOPMENT REVIEW AND LAND USE PLANNING
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
Fort Collins has a well-established development review process, land use and building
code; all of which align with local priorities.
Therefore, the City:
1. Supports financial compensation for additional work of inspectors through fees or
other means.
2. Supports funding for any state mandated inspection requirements.
3. Supports local governments’ authority to determine development review and
inspection standards, procedures, and timelines.
4. Encourages regional cooperation in land use, transportation planning, and
fostering sustainable development.
5. Supports prohibition to the annexation of land that is located within the
boundaries of a Growth Management Area that was legally established by an
intergovernmental agreement between a municipality and a county by any
municipality not a party to the agreement.
6. Supports municipal discretion concerning the imposition of development fees and
requirements.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections upon initiative referralsas required by the citizen (or Council) initiative
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process. The City is committed to conducting a clear, legal, and trustworthy elections
process.
Therefore, the City:
1. Supports all efforts that assist the City in conducting fair and transparent election
processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
3 Supports mechanisms to increase cyber security around election data and the
election processes, and any decrease in election tampering.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as detailed in the
Energy Policy.
Therefore, the City:
1. Supports efforts that promote energy affordability, safety, and reductions in fossil-
fuel generated consumption for residents, businesses and institutions.
2. Supports reductions in environmental damage caused by energy extraction and
production.
3. Supports opportunities for energy efficiency, production, and operation in local
economies.
4. Opposes barriers to coordinating integrated planning for energy supply and
demands.
5. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
6. Supports federal and state incentives for renewable energy production, including
wind power, and provide for “State Implementation Plan” credits for renewable
energy (excluding residential wood burning and corn-based ethanol) and energy
efficiency.
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7. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8. Supports smart grid technology adoption and grid modernization.
9. Supports minimizing the environmental impacts of energy production.
FINANCE
HIGH PERFORMING GOVERNMENT
Strong fiscal planning, prudent debt management and investment policies, and
preservation of the City’s revenue base are vital in maintaining and improving the
City’s financial health. Considering the known impacts of legislation on the City’s
business community can help foster a stronger tax base and retain a strong quality of
life.
Therefore, the City:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability and authority to increase its revenue
base (sales, use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
It is an important concern of the City to safeguard Fort Collins’ health and
environmental safety by reducing risks from the unauthorized release of hazardous
materials or hazardous waste.
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Therefore, the City:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Supports greater flexibility and more options for local government in the
management of publicly-owned areas thought to have asbestos-containing soils
while maintaining responsible site management practices.
4.3. Support City’s ability and authority to review and approve locations of facilities
that use or store hazardous materials or hazardous waste.
HEALTH CARE
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; ECONOMIC HEALTH; HIGH PERFORMING
GOVERNMENT
The City recognizes that the rapidly increasing cost of health care and health
insurance is a barrier to real wage growth, equitable health outcomes, and economic
gains among many residents of Fort Collins. The City further recognizes that
employer-sponsored health care and varying state regulations that are not consistent
across the United States have resulted in the system we have today.
Therefore, the City:
1. Supports health care policy that provides single-payer, not-for-profit health
care to all residents.
2. Supports the portability of health care plans across employers and state-lines.
3. Supports health care policies that end the practice in the United States of
employers being the primary source of health insurance for citizens.
4. Supports policies that allocate costs to individuals and their families
proportional to their ability to pay.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are fair, market-based,
and competitive. The City believes that its citizens, through their elected
representatives on City Council, are in the best position to determine appropriate City
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employee compensation, benefits, appeal rights related to disciplinary action and
policies.
Therefore, the City:
1. Supports the City’s ability and authority to make decisions on employment issues,
including collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports the development and expansion to the City’s ability to determine how
best to manage employee health and benefit programs, welfare and wellness
services for employees.
3. Supports current state funding levels for police officers’ and dispatchers’ death
and disability benefits made available by Fire & Police Pension Association of
Colorado.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution or deferred plans to move into defined benefit plans if there is a cost
to local government.
5. Opposes proposals that would limit the City’s ability to test job applicants or
employees at work for impairment due to consumption of alcohol, marijuana, or
other controlled substances or to set limits related to such testing.
IMMIGRATION AND NATIONAL BORDER CONDITIONS
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING
GOVERNMENT
The City recognizes that federal issues pertaining to civil rights at the United States’
borders and immigration law more broadly have wide impacts that can directly impact
the day to day life of Fort Collins residents. It can also impact those residents’
willingness and comfort with engaging with local public safety agencies and other key
service providers.
Therefore, the City:
1. Supports the humane treatment of persons who are detained by Immigration
Officials and the rapid resolution of legal proceedings to determine their
status.
2. Supports a pathway to legal immigration into the United States that is
sustainable in the long term.
1.3. Supports regulations and laws that increase or mandate the use of E-
verify by employers.
MARIJUANA
SAFE COMMUNITY
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After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana.
The City’s licensing program supports the state dual-licensing system for medical and
recreational marijuana businesses.
Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana possession laws.
2. Supports additional state marijuana enforcement resources, especially for field
enforcement.
3. Opposes under-21 access to marijuana.
4. Supports local opt-in provisions regarding new permits and/or licenses or other
marijuana-related activities allowed under state law.
5. Supports re-scheduling of marijuana at the federal level to help address safety
through research and legal banking, and to reduce conflict between Colorado and
federal laws.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private citizens.
Therefore, the City:
1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts and increased procedural requirements or
limitations on municipal court proceedings, such as limitations on bonding
requirements related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
3. Opposes any unfunded mandates imposed on municipal courts by the state.
OIL AND GAS
ENVIRONMENTAL HEALTH
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Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins. Fort Collins residents have expressed continuing concern
about the human and environmental health impacts from oil and gas operations,
particularly from the hydraulic fracturing treatment used on most Colorado wells. In
November 2013, voters approved a five-year moratorium on oil and gas extraction in
order to study its property value and human health impacts but this was overturned
by the State Supreme Court in 2016. Additionally, transported emissions from oil and
gas operations outside of City limits have been demonstrated to contribute to ozone
formation.
Therefore, the City:
1. Supports greater local authority to regulate oil and gas exploration
activitiesoperations as granted in 2019 through Senate Bill 19-181 within municipal
boundaries, including the ability to regulate location, siting and other surface
impactsinspect sites, ensure operator compliance, and regulate location of
extraction, storage and transmission activities.
2. Supports state, federal, and academic studies evaluating impacts of oil and gas
operations on human health and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of State Sseverance Ttax and Federal
Mineral Lease (FML) revenue to impacted jurisdictions so that they might address
impacts from resource extraction.
5. Supports industry information sharing and collaboration with operators and local
governments on the planned development of resources within the communities’
City’s Growth Management Areas and for City owned properties such as open
spaces outside of City limits.
6. Supports legislation that balances the rights of surface landowners and mineral
rights owners, while protecting public health, safety and the environment..
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
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Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
provide information that is legally available.
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
PARKS AND NATURAL AREAS
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, parks and
recreation services and facilities. Our citizens enjoy a better quality of life, improved
health, less crime and a greater sense of community because of our quality natural areas,
parks and recreation programs.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
5. Supports protection of the Cache la Poudre River and local urban streams.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a healthy, livable City that is a welcoming and
inclusive community for all, including residents who may be experiencing the
challenges of homelessness, mental health issues, addiction, depression, and other
challenging life situations. The City also supports primary prevention strategies to
reduce the injuries and deaths associated with gun violence.
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Therefore, the City:
1. Supports maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human
services and housing support.
2. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance abuse, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
5. Supports legislation or regulatory efforts that restrict and better ensure the
prevention of firearm purchases of those individuals convicted of a violent
criminal offense and those who have been involuntarily committed to a mental
institution or are otherwise suffering from a severe mental condition.
6. Supports public health research and necessary funding related to the root
causes and effects of gun violence to better inform prevention strategies.
7. Supports legislation that greatly reduces or eliminates the incidence of smoking
and vaping. Specific measures may include the elimination of flavored vaping
cartridges, an increase in the legal smoking age, and identical treatment of
vaping and e-cigarette products to traditional forms of tobacco.
PUBLIC SAFETY
SAFE COMMUNITY
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
citizens of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
Therefore, the City:
1. Supports greater protections to victims of crime.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve 911 diversity issues, such as through the
addition of an additional 911 provider.
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4. Opposes increased 911 provider tariffs without clear documentation of cost needs.
5. Opposes initiatives that have the potential to compromise officer safety.
6. Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Supports maintenance of a statewide database of concealed weapons permits.
8.7. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
9.8. Opposes efforts to undermine local control or enforcement of activities on public
property.
10.9. Supports a state fire code, the code of choice being the International Building
and Fire Code, and allowing municipalities to adopt their own amendments.
11.10. Opposes limits to local enforcement of the International Fire Code as adopted
with local amendments, imposing inspection requirements or preventing collection
of permit or inspection fees as required by the local jurisdiction.
12.11. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
13.12. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
14.13. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
15.14. Supports exclusive digital communication networks for public safety personnel
during emergencies.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies
Sustainable Materials Management principles such as redesigning systems to reduce
pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of
community waste by 2020; 90 percent by 2025, and 100 percent by 2030.
Therefore, the City:
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1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to centralized data collection
requirements and reaching formal statewide diversion targets.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports greater producer responsibility initiatives, such as “take back”
regulations that assist consumers to appropriately recycle packaging materials or
certain products (e.g., cardboard and expanded polystyrene packaging, single-use
plastic shopping bags, or mattresses).
7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and pay for recycling programs.
9. Supports state and regional tax incentives for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
9.10. Supports incentives and programs to encourage the use of compost, developing
end markets to help divert organic material from landfills (food and yard waste).
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
The City of Fort Collins recognizes the dual purpose of the workers’ compensation
system – providing benefits promptly to injured employees in a cost-effective manner
and minimizing costly litigation. Council also recognizes that the City’s self-insurance
program is a cost-efficient method to insure workers’ compensation and that
government intervention or taxation can negatively impact the City.
Therefore, the City:
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1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing off-sets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
TRANSPORTATION
TRANSPORTATION AND MOBILITY
The City actively promotes the safety and ease of traveling to, from and throughout
the community using a variety of modes of transportation. Additionally, the City’s
policy is to encourage the use of bicycling, transit and walking whenever appropriate.
Therefore, the City:
1. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF)
or any appropriations from the state using the same formula.
2. Supports alternative methods of funding transportation infrastructure needs.
3. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
4. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
5. Supports guaranteed levels of federal funding for transportation and allocation of
all federal motor fuel taxes and other federal transportation trust funds for their
intended transportation purposes.
6. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
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7. Supports enhanced ability to implement railroad quiet zones in municipalities and
a reduction in train horn decibel and duration requirements.
8. Opposes divesting highway roads in urban areas from the state and making them
the sole responsibility of local jurisdictions.
9. Supports safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel, and the use of
safe equipment.
10. Supports funding for the build out of Interstate 25 improvements, which may
include a ballot measure.
11. Opposes reductions in federal dollars for bicycling, transit and walking.
12. Supports local control of public roads, pedestrian paths, and bike lanes to address
emerging modes of transportation.
URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
3.4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full
offering of tools and powers provided for in state statute.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water utility, a wastewater utility, and a stormwater utility in a
financially sound, reliable, safe, and environmentally acceptable responsible manner. The
availability of adequate water supplies is critical to this mission the City and is managed by
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both the Water Supply and Demand and Supply Management Policy, and the Water Efficiency
Plan, and other water-related codes, rules, regulations, plans, and policies.
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater, and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage in-stream flows to preserve or improve the
natural environment, of the stream while protecting the integrity of Colorado’s
appropriation doctrine, and protecting the City’s water supplyies, and preventing injury
to other water users. This includes potential bills related to the authority for the City
and others to pursue Water Court-approved instream flow augmentation plans and similar
mechanisms to preserve and impose stream flows.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
6. Supports funding for the recovery and treatment of the Cache la Poudre River and other
waterways impacted by natural disasters.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of its the City’s water supplyies under Colorado’s appropriation doctrine,
without causing injury to other water users and without adversely affecting in-stream
flows or the natural environment of the stream. This includes potential bills related to
treated water providers being able to more easily share treated water supplies between
their distribution systems.
7.8. Supports reducing legal barriershurdles and clarifying legal ambiguities related to water
reuse and greywater projects, while protecting the integrity of Colorado’s appropriation
doctrine, protecting the City’s water supplies, and preventing injury to other water
users.
8.9. Supports streamlining federal and state permitting requirements for water
development projects that increase coordination between permitting agencies, reduces
administrative and financial burdens on permit applicants, and ensures robust and
enforceable environmental protections.
9.10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective,
and environmentally beneficial approach to meet Fort Collins Utilities’ future water
supply needs.
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CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ross
Cunniff, Chair
District 5 rcunniff@fcgov.com (970) 420-7398
Councilmember Ken
Summers
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Susan
Gutowsky
District 1 sgutowski@fcgov.com (970) 215-6308
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Tyler Marr
Honore Depew
Legislative Staff tmarr@fcgov.com
hdepew@fcgov.com
(970) 416-4205
(970) 224-6094
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable
Housing and Social
Sustainability
Beth Sowder Social Sustainability
Director
bsowder@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Environmental
Program Manager
carchuleta@fcgov.co
m
Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001
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Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com (970) 221-6510
Climate Lindsay Ex Environmental
Program Manager
lex@fcgov.com (970)224-6143
Environmental
Protection
Lucinda Smith Environmental
Services Director
lsmith@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Delynn Coldiron City Clerk decoldiron@fcgov.co
m
(970) 416-2995
Cultural Services,
Parks and
Recreation
Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079
Energy Tim McCollough,
John Phelan
Light and Power,
Deputy Utilities
Director Energy
Services, Senior
Manager
tmccollough@fcgov.c
om
jphelan@fcgov.com
(970) 416-2622 (970)
416-2539
Finance Mike Beckstead Chief Financial
Officer
mbeckstead@fcgov.c
om
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Fire Protection
and
HAZMAT Mgmt
Tom DeMint Division Chief, Poudre
Fire Authority
tdemint@poudre-
fire.org
(970) 416-2871566-
7274
Human Resources Teresa Roche Assistant Human
Resources
DirectorChief Human
Resources Officer
troche@fcgov.com (970) 221-6826
Natural Areas,
Open Lands and
26
Stormwater Theresa Connor Water Engineering
Field Operations,
Deputy Utilities
Director
tconnor@fcgov.com (970) 221-6671
Transportation Dean Klingner Planning,
Development and
Transportation
Deputy Director
Dklingner@fcgov.com (970) 416-2029
Utilities Customer
Connections and
Water
Conservation
Lisa Rosintoski Customer
Connections, Deputy
Utilities Director
lrosintoski@fcgov.co
m
(970) 416-2432
Water Supply and
Quality
Carol Webb Water Resource and
Treatment
Operations, Deputy
Utilities Director
cwebb@fcgov.com (970) 221-6231
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December 3, 2019
ATTACHMENT 2
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Strategic Plan Alignment
2
High Performing
Government
7.9 – Proactively influence policy
and legislative development at all
levels
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3
• Used to inform positions on
legislation
• Serves as a reference for elected
officials
• Helps in asking for legislative
changes
• Needed changes identified
throughout each year
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Changes for the 2020 Agenda
4
Broadband Immigration Gun
Violence
Health Care Vaping
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Medicare for All/Health Care
• Council direction to
include/consider Medicare for All
• Two options for Health Care
Policy statements:
1. Multiple policy statements as
presented
2. Shortened, single policy
statement about supporting
Medicare for All
5
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Attachment: Powerpoint presentation (8482 : 2020 Legislative Policy)
What’s Next?
• Legislative session
begins on January 8th
• Partnerships will again be
key part of City’s strategy
• Staff will provide Council
with regular updates
throughout
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RESOLUTION 2019-109
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY’S 2020 LEGISLATIVE POLICY AGENDA
WHEREAS, state and federal legislation may impact the citizens of Fort Collins,
affecting their quality of life; and
WHEREAS, such state and federal legislation may also influence or impact the
operations of municipal governments, including the City; and
WHEREAS, the City has an interest in providing input on proposed legislation; and
WHEREAS, Councilmembers and City staff are asked to state the City’s policy position
on legislation; and
WHEREAS, in addition, on occasion the City has an interest in providing input on
proposed county, state and federal regulations; and
WHEREAS, establishing the City’s policy position assists the members of the Legislative
Review Committee in their review of, and response to, these matters, and assists City staff in
communicating and advocating the City’s policy position on the same.
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 policy statements contained in the attached 2020 Legislative
Policy Agenda accurately reflect the City’s policies on these issues.
Section 3. That the City Council hereby adopts the 2020 Legislative Policy Agenda
attached hereto as Exhibit “A” and incorporated herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of December, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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2020
City of Fort Collins
Legislative Policy Agenda
ADOPTED DECEMBER
EXHIBIT A
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TABLE OF CONTENTS
Table of Contents ............................................................................... 2
Home Rule and Local Control ................................................................. 6
Affordable Housing .............................................................................. 7
Air Quality ........................................................................................ 7
Beer and Liquor ................................................................................. 8
Broadband and Cable ........................................................................... 8
Climate ........................................................................................... 9
Development Review and Land Use Planning ............................................. 10
Elections ........................................................................................ 10
Energy .......................................................................................... 11
Finance ......................................................................................... 11
Hazardous Materials Management .......................................................... 12
Human Resources ............................................................................. 13
Marijuana ....................................................................................... 14
Municipal Court ................................................................................ 15
Oil and Gas ..................................................................................... 15
Open Records and Data Management ...................................................... 16
Parks and Natural Areas ...................................................................... 16
Public Health .................................................................................. 17
Public Safety ................................................................................... 18
Recycling and Solid Waste Reduction ...................................................... 19
Risk Management and Liability .............................................................. 20
Transportation ................................................................................. 20
Urban Renewal and Downtown Development ............................................. 21
Water, Wastewater, and Stormwater ...................................................... 22
City of Fort Collins Legislative Contacts ................................................... 23
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INTRODUCTION
Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City
has grown to become the commercial, educational and cultural hub of Northern
Colorado. The City adopted a home rule charter in 1954 and operates under a
Council-Manager form of government.
The City is a data-driven municipal organization that strives to fulfill its mission,
“Exceptional service for an exceptional community”, through a vision of providing
world-class municipal services through operational excellence and a culture of
innovation. City leaders seek innovative solutions to issues facing the community
and are often willing to leverage emerging technologies.
The Fort Collins City Council annually adopts a Policy Agenda ahead of the
upcoming Colorado general Assembly session for the purpose of guiding legislators
and staff in supporting community goals.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It is
structured to address areas of local concern and to also reflect the strategic
planning that guides City of Fort Collins organizational resource allocation and
decision making.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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CITY OF FORT COLLINS
LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee (LRC) is a representative group of Council
members that reviews and reacts to proposed legislation on behalf of City Council
and the City. In taking a position on bills, the LRC interprets and applies the
various policies that are included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Ross Cunniff, Chair
• Councilmember Ken Summers
• Councilmember Susan Gutowsky
LEGISLATIVE REVIEW PROCESS
In 2020, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and the Colorado Communities for Climate Action
organizations for the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas. The City influences both groups’ policy
agendas, and while not perfectly consistent with our own, both generally advance
and protect the City’s interests.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff. Bills,
regulations and rules that are identified as having a potential impact on the City will
be brought to the LRC for discussion. If LRC adopts a position, staff will convey that
information to the appropriate state or federal representative and advocate for the
adopted position.
Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is
addressed in this Policy Agenda, staff will proactively work with state and federal
representatives to advance the City’s position as expressed in this legislative policy
agenda and other Council-adopted plans and policies. Staff will provide regular
updates to the LRC and the full City Council regarding bills of consequence to the City
and will consult with the LRC regarding bills for which direction under the adopted
policy is unclear.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The City Attorney’s Office also reviews selected bills and may provide
confidential legal analysis. Fort Collins also works with community partners to support
local projects and staff collaborates with representatives of other municipalities on
mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage
positive outcomes for residents.
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The City works closely with the Colorado Municipal League (CML) and the National
League of Cities (NLC) on many legislative items facing cities. Fort Collins
maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
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2020 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. The City must be free to regulate local
activities that primarily impact the area within the City's boundaries, such as the
speed of local traffic or the effects of particular land use developments. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and supports changes that lessen) the burdens
and limits on municipalities associated with public or other government records,
public meetings and establishment of ethics standards and procedures, operation
of municipal courts, and other matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
7. Supports collaborative regional efforts for the benefit of participating
communities.
8. Supports potential legislation to clarify when an email exchange among elected
officials constitutes a “meeting” subject to the requirements of the Colorado
Open Meetings Law, including possible identification of a safe harbor within which
elected officials can communicate by electronic mail without constituting a
meeting in order to preserve and enable the use of this effective and now
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common-place technology within appropriate transparency requirements and
other reasonable limitations.
AFFORDABLE HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of quality housing is critical
to a vibrant and diverse community.
Therefore, the City:
1. Supports maintaining or enhancing funding for affordable housing throughout
Colorado, including expanding the State Low Income Housing Tax Credit program,
but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports stronger amendments to construction defect laws to promote the
construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
5. Supports exploring expansion of Mobile Home Act to address rent pad stabilization
and opportunities for resident or mission-based affordable housing providers to
purchase parks when offered for sale.
6. Supports consideration of allowing inclusionary zoning ordinances to regulate the
construction of new rental housing.
AIR QUALITY
ENVIRONMENTAL HEALTH
The City’s Air Quality Plan establishes a strong overall goal to “continually improve
Fort Collins air quality.”
Therefore, the City:
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1. Supports programs and policies that improve public health and air quality and
support rapid attainment of National Ambient Air Quality Standards, including
ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
4. Supports economic incentives, disincentives and other market approaches that
promote lower emissions and alternatives to carbon-based fuels.
5. Supports strengthening vehicle emission and fuel economy standards for all
vehicles. Supports programs and policies that promote the use of electric vehicles
and the development of infrastructure needed to support the use of those
vehicles.
BEER AND LIQUOR
SAFE COMMUNITY
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports clarifying the qualifications for what types and purposes a business may
obtain and use a state liquor license.
BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintaining local franchising authority to preserve local governments’
ability to negotiate in the public interest for cable channel space, institutional
networks and public education and government (PEG) programming, and to charge
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franchise and PEG fees to support local programming and compensate for the use
of rights-of-way.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
6. Supports revisions to the Colorado Open Meetings Law to allow local jurisdictions
that provide or arrange for telecommunications services or facilities to authorize
executive sessions for discussion of matters pertaining to competition in the
provision of telecommunication services and facilities (such as matters subject to
negotiation, strategic planning, pricing, sales and marketing, and development
planning), along with any other conforming statutory changes.
CLIMATE
ENVIRONMENTAL HEALTH
Making communities more resilient to disaster and the effects of a changing climate
has become more important to Colorado communities over the last several years as
natural disasters have caused significant human and property loss. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Climate Action Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, and
implementation at all levels of government.
2. Supports market-based mechanisms to reduce emissions, including incentives,
enabling legislation, and other mechanisms to achieve emissions reductions and
increase resiliency in energy, waste reduction, transportation, and water sectors.
3. Supports protection of the Colorado self-audit law.
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4. Supports policies that ensure no single population is disproportionately burdened
by efforts that increase or improve the use of new energy sources and
technologies.
DEVELOPMENT REVIEW AND LAND USE PLANNING
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
Fort Collins has a well-established development review process, land use and building
code; all of which align with local priorities.
Therefore, the City:
1. Supports financial compensation for additional work of inspectors through fees or
other means.
2. Supports funding for any state mandated inspection requirements.
3. Supports local governments’ authority to determine development review and
inspection standards, procedures, and timelines.
4. Encourages regional cooperation in land use, transportation planning, and
fostering sustainable development.
5. Supports prohibition to the annexation of land that is located within the
boundaries of a Growth Management Area that was legally established by an
intergovernmental agreement between a municipality and a county by any
municipality not a party to the agreement.
6. Supports municipal discretion concerning the imposition of development fees and
requirements.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections as required by the citizen (or Council) initiative process. The City is
committed to conducting a clear, legal, and trustworthy elections process.
Therefore, the City:
1. Supports all efforts that assist the City in conducting fair and transparent election
processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
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3. Supports mechanisms to increase cyber security around election data and the
election processes, and any decrease in election tampering.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as detailed in the
Energy Policy.
Therefore, the City:
1. Supports efforts that promote energy affordability, safety, and reductions in fossil-
fuel generated consumption for residents, businesses and institutions.
2. Supports reductions in environmental damage caused by energy extraction and
production.
3. Supports opportunities for energy efficiency, production, and operation in local
economies.
4. Opposes barriers to coordinating integrated planning for energy supply and
demands.
5. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
6. Supports federal and state incentives for renewable energy production, including
wind power, and provide for “State Implementation Plan” credits for renewable
energy (excluding residential wood burning and corn-based ethanol) and energy
efficiency.
7. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8. Supports smart grid technology adoption and grid modernization.
9. Supports minimizing the environmental impacts of energy production.
FINANCE
HIGH PERFORMING GOVERNMENT
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Strong fiscal planning, prudent debt management and investment policies, and
preservation of the City’s revenue base are vital in maintaining and improving the
City’s financial health. Considering the known impacts of legislation on the City’s
business community can help foster a stronger tax base and retain a strong quality of
life.
Therefore, the City:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability and authority to increase its revenue
base (sales, use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
It is an important concern of the City to safeguard Fort Collins’ health and
environmental safety by reducing risks from the unauthorized release of hazardous
materials or hazardous waste.
Therefore, the City:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Support City’s ability and authority to review and approve locations of facilities
that use or store hazardous materials or hazardous waste.
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HEALTH CARE
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; ECONOMIC HEALTH; HIGH PERFORMING
GOVERNMENT
The City recognizes that the rapidly increasing cost of health care and health
insurance is a barrier to real wage growth, equitable health outcomes, and economic
gains among many residents of Fort Collins. The City further recognizes that
employer-sponsored health care and varying state regulations that are not consistent
across the United States have resulted in the system we have today.
Therefore, the City:
1. Supports health care policy that provides single-payer, not-for-profit health care
to all residents.
2. Supports the portability of health care plans across employers and state-lines.
3. Supports health care policies that end the practice in the United States of
employers being the primary source of health insurance for citizens.
4. Supports policies that allocate costs to individuals and their families proportional
to their ability to pay.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are fair, market-based,
and competitive. The City believes that its citizens, through their elected
representatives on City Council, are in the best position to determine appropriate City
employee compensation, benefits, appeal rights related to disciplinary action and
policies.
Therefore, the City:
1. Supports the City’s ability and authority to make decisions on employment issues,
including collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports the development and expansion to the City’s ability to determine how
best to manage employee health and benefit programs.
3. Supports current state funding levels for police officers’ and dispatchers’ death
and disability benefits made available by Fire & Police Pension Association of
Colorado.
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4. Opposes proposals that would allow employees and/or retirees with defined
contribution or deferred plans to move into defined benefit plans if there is a cost
to local government.
5. Opposes proposals that would limit the City’s ability to test job applicants or
employees at work for impairment due to consumption of alcohol, marijuana, or
other controlled substances or to set limits related to such testing.
IMMIGRATION AND NATIONAL BORDER CONDITIONS
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING
GOVERNMENT
The City recognizes that federal issues pertaining to civil rights at the United States’
borders and immigration law more broadly have wide impacts that can directly impact
the day to day life of Fort Collins residents. It can also impact those residents’
willingness and comfort with engaging with local public safety agencies and other key
service providers.
Therefore, the City:
1. Supports the humane treatment of persons who are detained by Immigration
Officials and the rapid resolution of legal proceedings to determine their status.
2. Supports a pathway to legal immigration into the United States that is sustainable
in the long term.
3. Supports regulations and laws that increase or mandate the use of E-verify by
employers.
MARIJUANA
SAFE COMMUNITY
After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana.
The City’s licensing program supports the state dual-licensing system for medical and
recreational marijuana businesses.
Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana possession laws.
2. Supports additional state marijuana enforcement resources, especially for field
enforcement.
3. Opposes under-21 access to marijuana.
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4. Supports local opt-in provisions regarding new permits and/or licenses or other
marijuana-related activities allowed under state law.
5. Supports re-scheduling of marijuana at the federal level to help address safety
through research and legal banking, and to reduce conflict between Colorado and
federal laws.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private citizens.
Therefore, the City:
1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts and increased procedural requirements or
limitations on municipal court proceedings, such as limitations on bonding
requirements related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
3. Opposes any unfunded mandates imposed on municipal courts by the state.
OIL AND GAS
ENVIRONMENTAL HEALTH
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins. Fort Collins residents have expressed continuing concern
about the human and environmental health impacts from oil and gas operations,
particularly from the hydraulic fracturing treatment used on most Colorado wells.
Additionally, transported emissions from oil and gas operations outside of City limits
have been demonstrated to contribute to ozone formation.
Therefore, the City:
1. Supports local authority to regulate oil and gas operations as granted in 2019
through Senate Bill 19-181 including the ability to regulate location, siting and
other surface impacts.
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2. Supports state, federal, and academic studies evaluating impacts of oil and gas
operations on human health and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of State Severance Tax and Federal
Mineral Lease (FML) revenue to impacted jurisdictions so that they might address
impacts from resource extraction.
5. Supports collaboration with operators and local governments on the development
of resources within the City’s Growth Management Area and for City owned
properties such as open spaces outside of City limits.
6. Supports legislation that balances the rights of surface landowners and mineral
rights owners, while protecting public health, safety and the environment.
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
provide information that is legally available.
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
PARKS AND NATURAL AREAS
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, parks and
recreation services and facilities. Our citizens enjoy a better quality of life, improved
health, less crime and a greater sense of community because of our quality natural areas,
parks and recreation programs.
Therefore, the City:
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1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
5. Supports protection of the Cache la Poudre River and local urban streams.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a healthy, livable City that is a welcoming and
inclusive community for all, including residents who may be experiencing the
challenges of homelessness, mental health issues, addiction, depression, and other
challenging life situations. The City also supports primary prevention strategies to
reduce the injuries and deaths associated with gun violence.
Therefore, the City:
1. Supports maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human services
and housing support.
2. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance abuse, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
5. Supports legislation or regulatory efforts that restrict and better ensure the
prevention of firearm purchases of those individuals convicted of a violent criminal
offense and those who have been involuntarily committed to a mental institution
or are otherwise suffering from a severe mental condition.
6. Supports public health research and necessary funding related to the root causes
and effects of gun violence to better inform prevention strategies.
7. Supports legislation that greatly reduces or eliminates the incidence of smoking
and vaping. Specific measures may include the elimination of flavored vaping
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cartridges, an increase in the legal smoking age, and identical treatment of vaping
and e-cigarette products to traditional forms of tobacco.
PUBLIC SAFETY
SAFE COMMUNITY
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
citizens of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
Therefore, the City:
1. Supports greater protections to victims of crime.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve 911 diversity issues, such as through the
addition of an additional 911 provider.
4. Opposes increased 911 provider tariffs without clear documentation of cost needs.
5. Opposes initiatives that have the potential to compromise officer safety.
6. Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
8. Opposes efforts to undermine local control or enforcement of activities on public
property.
9. Supports a state fire code, the code of choice being the International Building and
Fire Code, and allowing municipalities to adopt their own amendments.
10. Opposes limits to local enforcement of the International Fire Code as adopted with
local amendments, imposing inspection requirements or preventing collection of
permit or inspection fees as required by the local jurisdiction.
11. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
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12. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
13. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
14. Supports exclusive digital communication networks for public safety personnel
during emergencies.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies
Sustainable Materials Management principles such as redesigning systems to reduce
pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of
community waste by 2020; 90 percent by 2025, and 100 percent by 2030.
Therefore, the City:
1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to centralized data collection
requirements and reaching statewide diversion targets.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports greater producer responsibility initiatives, such as “take back”
regulations that assist consumers to appropriately recycle packaging materials or
certain products (e.g., cardboard and expanded polystyrene packaging, single-use
plastic shopping bags, or mattresses).
7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
1
Packet Pg. 210
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
20
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and pay for recycling programs.
9. Supports state and regional tax incentives for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
10. Supports incentives and programs to encourage the use of compost, developing
end markets to help divert organic material from landfills (food and yard waste).
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
The City of Fort Collins recognizes the dual purpose of the workers’ compensation
system – providing benefits promptly to injured employees in a cost-effective manner
and minimizing costly litigation. Council also recognizes that the City’s self-insurance
program is a cost-efficient method to insure workers’ compensation and that
government intervention or taxation can negatively impact the City.
Therefore, the City:
1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing offsets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
TRANSPORTATION
TRANSPORTATION AND MOBILITY
1
Packet Pg. 211
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
21
The City actively promotes the safety and ease of traveling to, from and throughout
the community using a variety of modes of transportation. Additionally, the City’s
policy is to encourage the use of bicycling, transit and walking whenever appropriate.
Therefore, the City:
1. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF)
or any appropriations from the state using the same formula.
2. Supports alternative methods of funding transportation infrastructure needs.
3. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
4. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
5. Supports guaranteed levels of federal funding for transportation and allocation of
all federal motor fuel taxes and other federal transportation trust funds for their
intended transportation purposes.
6. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
7. Supports enhanced ability to implement railroad quiet zones in municipalities and
a reduction in train horn decibel and duration requirements.
8. Opposes divesting highway roads in urban areas from the state and making them
the sole responsibility of local jurisdictions.
9. Supports safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel, and the use of
safe equipment.
10. Supports funding for the build out of Interstate 25 improvements, which may
include a ballot measure.
11. Opposes reductions in federal dollars for bicycling, transit and walking.
12. Supports local control of public roads, pedestrian paths, and bike lanes to address
emerging modes of transportation.
URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
1
Packet Pg. 212
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
22
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full offering
of tools and powers provided for in state statute.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water utility, a wastewater utility, and a stormwater utility in a
financially sound, reliable, safe, and environmentally responsible manner. The availability of
adequate water supplies is critical to the City and is managed by the Water Supply and
Demand Management Policy, the Water Efficiency Plan, and other water-related codes,
rules, regulations, plans, and policies.
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater, and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage instream flows to preserve or improve the
natural environment, while protecting the integrity of Colorado’s appropriation doctrine,
protecting the City’s water supplies, and preventing injury to other water users. This
includes potential bills related to the authority for the City and others to pursue Water
Court-approved instream flow augmentation plans and similar mechanisms to preserve
and impose stream flows.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
1
Packet Pg. 213
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
23
6. Supports funding for the recovery and treatment of the Cache la Poudre River and other
waterways impacted by natural disasters.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of the City’s water supplies under Colorado’s appropriation doctrine, without
causing injury to other water users and without adversely affecting instream flows or the
natural environment. This includes potential bills related to treated water providers
being able to more easily share treated water supplies between their distribution
systems.
8. Supports reducing legal barriers and clarifying legal ambiguities related to water reuse
and greywater projects, while protecting the integrity of Colorado’s appropriation
doctrine, protecting the City’s water supplies, and preventing injury to other water
users.
9. Supports streamlining federal and state permitting requirements for water development
projects that increase coordination between permitting agencies, reduces administrative
and financial burdens on permit applicants, and ensures robust and enforceable
environmental protections.
10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and
environmentally beneficial approach to meet Fort Collins Utilities’ future water supply
needs.
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
1
Packet Pg. 214
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
24
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ross
Cunniff, Chair
District 5 rcunniff@fcgov.com (970) 420-7398
Councilmember Ken
Summers
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Susan
Gutowsky
District 1 sgutowski@fcgov.com (970) 215-6308
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Tyler Marr
Honore Depew
Legislative Staff tmarr@fcgov.com
hdepew@fcgov.com
(970) 416-4205
(970) 224-6094
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable
Housing and Social
Sustainability
Beth Sowder Social Sustainability
Director
bsowder@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Environmental
Program Manager
carchuleta@fcgov.co
m
(970) 416-2648
Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001
Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com (970) 221-6510
Climate Lindsay Ex Environmental
Program Manager
lex@fcgov.com (970)224-6143
Environmental
Protection
Lucinda Smith Environmental
Services Director
lsmith@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Delynn Coldiron City Clerk decoldiron@fcgov.co
m
(970) 416-2995
Cultural Services,
Parks and
Recreation
Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079
Energy Tim McCollough,
John Phelan
25
Finance Mike Beckstead Chief Financial
Officer
mbeckstead@fcgov.c
om
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Fire Protection
and
HAZMAT Mgmt
Tom DeMint Division Chief, Poudre
Fire Authority
tdemint@poudre-
fire.org
(970) 566-7274
Human Resources Teresa Roche Chief Human
Resources Officer
troche@fcgov.com (970) 221-6826
Natural Areas,
Open Lands and
Cache la Poudre
River Issues
John Stokes Natural Areas
Director
jstokes@fcgov.com (970) 221-6263
Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341
Planning and Land
Use
Tom Leeson Community
Development and
Neighborhood
Services Director
tleeson@fcgov.com (970) 221-6287
Public Safety Greg Yeager Deputy Chief of
Police
gyeager@fcgov.com (970) 416-2185
Recycling and
Solid Waste
Susie Gordon Environmental
Program Manager
sgordon@fcgov.com (970) 221-6265
Risk Management Safety, Security, and
Risk Management
Director
(970) 221-6774
Stormwater Theresa Connor Water Engineering
Field Operations,
Deputy Utilities
Director
tconnor@fcgov.com (970) 221-6671
Transportation Dean Klingner Planning,
Development and
Transportation
Deputy Director
Dklingner@fcgov.com (970) 416-2029
Utilities Customer
Connections and
Water
Item #11 Page 1
AGENDA ITEM SUMMARY
Agenda Item 11
December 3, 2019
City Council
STAFF
Jamie Heckman, Compensation and Technology Manager
Kelly DiMartino, Deputy City Manager
Carrie M. Daggett, Legal
SUBJECT
Resolution 2019-110 Creating a Council Committee to Make Selection Process Recommendations to the
Council, Commencing the Process to Select a Search Firm, and Adopting a Plan and Target Schedule for the
Recruitment and Selection of a Chief Judge.
EXECUTIVE SUMMARY
The purpose of this item is to begin the Chief Judge recruitment and selection process by appointing
Councilmembers to an Ad Hoc Committee known as the Chief Judge Selection Process Committee to develop
recommendations to the Council for the recruitment and selection of a Chief Judge.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Chief Judge Kathleen Lane notified the City Council of her intent to retire from her employment as Chief Judge
effective July 3, 2020. The City Council desires to create a Council Committee to work with staff to:
1. Develop a detailed plan and target schedule for the recruitment and selection of the Chief Judge,
2. Develop and implement a request-for-proposal process for search firms to aid the Council Committee in its
recommendations to City Council, and
3. Make recommendations to the City Council regarding the search firm to be chosen and other matters
related to the City Attorney recruitment and selection process
Because the Ad Hoc Direct Reports Compensation Committee discussed the Chief Judge recruitment market
during the course of its work, appointing members of that Committee to the new Committee may be an
effective approach. The Ad Hoc Direct Reports Compensation Committee members are as follows:
• Mayor Wade Troxell
• Mayor Pro Tem Kristin Stephens
• Councilmember Susan Gutowsky, District 1
-1-
RESOLUTION 2019-110
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING A COUNCIL COMMITTEE TO MAKE SELECTION PROCESS
RECOMMENDATIONS TO THE COUNCIL, COMMENCING THE PROCESS TO
SELECT A SEARCH FIRM, AND ADOPTING A PLAN AND TARGET SCHEDULE
FOR THE RECRUITMENT AND SELECTION OF A CHIEF JUDGE
WHEREAS, on October 18, 2019, Chief Judge Kathleen Lane notified the City
Council of her intent to retire from her employment as Chief Judge effective July 3, 2020; and
WHEREAS, the Council desires to move forward with the planning and scheduling of
the process for recruitment, selection and appointment of a new Chief Judge; and
WHEREAS, consistent with generally accepted practice, the Council expects to post
the position for application by current City employees and external candidates using a search
firm to recruit the potential candidates; and
WHEREAS, City Council desires to create a Council Committee to review staff
recommendations for the recruitment and selection process, screen search firm candidates and
make recommendations to the City Council regarding the plan and schedule for the process, the
search firm to be chosen and other matters related to the Chief Judge recruitment and selection
process.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby appoints ____________________,
______________________ and _______________________ to serve as the ad hoc Chief Judge
Selection Process Committee to recommend a formal plan and schedule for the selection
process, to screen search firm candidates and make recommendations to the City Council
regarding the search firm to be chosen and other matters related to the Chief Judge recruitment
and selection process.
Section 2. That the City Council directs staff to:
a. Develop a detailed plan and target schedule for the recruitment and selection of the Chief
Judge, to be considered by the Committee and presented to the City Council for approval;
and
b. develop and implement a request-for-proposal process for search firms to aid the Committee
in its recommendation to City Council.
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of December, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
RESCHEDULED TO JANUARY 7, 2020
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 148, 2019, Amending Section 2-606 of the Code of the City of Fort Collins and
Setting the Salary of the Chief Judge.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2020 salary of the Chief Judge. City Council met in executive sessions
on November 12 and 19, 2019 and may meet in another executive session on December 3, 2019, to conduct
the performance review of Chief Judge Kathleen Lane. This Ordinance sets the 2020 salary of the Chief Judge.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is market based, competitive and
based on performance. The goal as an employer is to attract, retain, engage, develop and reward a diverse and
competitive workforce to meet the needs of the community now and in the future. To accomplish this goal, the
City Council and the Chief Judge meet twice a year to discuss performance and set goals for the coming year.
In 2019, the total compensation including benefits provided to the Chief Judge is as follows:
2019 Salary and Benefits Annual
Salary (0.75 FTE) $ 116,519
Medical Insurance $ 11,183
Dental Insurance $ 612
Life Insurance $ 183
Long Term Disability $ 645
ICMA (457) $ 3,496
ICMA (401) $ 11,652
Total Monetary Compensation $ 144,290
Non-Monetary Benefits
Vacation (32 days per year)
Holidays (9 days per year)
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City Attorney,
and Chief Judge. It states that any change in compensation for these employees will be adopted by the Council
by Ordinance. This Ordinance will amend the City Code to reflect Chief Judge Lane’s 2020 salary.
Agenda Item 12
Item # 12 Page 2
ATTACHMENTS
1. Powerpoint presentation (PDF)
1
Establishing Compensation of the Chief Judge
Jamie Heckman
December 3, 2019
ATTACHMENT 1
12.1
Packet Pg. 219
Attachment: Powerpoint presentation (8476 : 2020 Salary - Chief Judge)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
12.1
Packet Pg. 220
Attachment: Powerpoint presentation (8476 : 2020 Salary - Chief Judge)
Methodology
3
Data group
• Adopted by Council on October 1, 2019
• Colorado – 9 Front Range cities
Benchmark data
• Salary
• Bonus
• Retirement
• Car allowance
Chief Judge Market
12.1
Packet Pg. 221
Attachment: Powerpoint presentation (8476 : 2020 Salary - Chief Judge)
Market Analysis
4
* Based on 1.0 FTE
Chief Judge 2019 Salary = $155,359 *
Colorado Benchmark Cities
Market Information
12.1
Packet Pg. 222
Attachment: Powerpoint presentation (8476 : 2020 Salary - Chief Judge)
-1-
ORDINANCE NO. 148, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF THE CHIEF JUDGE
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the Chief Judge; and
WHEREAS, the City of Fort Collins is committed to compensating its employees in a
manner that is fair, competitive and understandable; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance, and may adjust the
salary of the Chief Judge to bring that salary more in line with the approved market data; and
WHEREAS, each year the City Council conducts a review of the past year's performance
and the next year’s goals of the Chief Judge; and
WHEREAS, the Council-approved budget for the Municipal Court for 2019-20 includes
funding the equivalent of one full-time judicial position, with the Chief Judge working 0.75 FTE;
and
WHEREAS, the City Council has determined that the base salary of the Chief Judge
should be established at the amount of $_______ effective January 13, 2020.
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 2-606 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-606. Salary of the Chief Judge.
The base salary to be paid to the Chief Judge for working 0.75 FTE shall be one
hundred sixteen thousand, five hundred nineteen _____________________dollars
($116,519_______) per annum, payable in biweekly installments, which sum
shall be charged to general government expense.
Section 3. That the effective date of the salary adjustment shall be January 13, 2020,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
Packet Pg. 223
-2-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2020, and to be presented for final passage on the 17th day of December, A.D.
2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 224
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
RESCHEDULED TO JANUARY 7, 2020
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 149, 2019. Amending Section 2-581 of the Code of the City of Fort Collins and
Setting the Salary of the City Attorney.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2020 salary of the City Attorney. City Council met in executive
sessions on November 12 and 19, 2019, and may meet in another executive session on December 3, 2019, to
conduct the performance review of Carrie Daggett, City Attorney. This Ordinance sets the 2020 salary of the
City Attorney.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is market based, competitive and
based on performance. The goal as an employer is to attract, retain, engage, develop and reward a diverse and
competitive workforce to meet the needs of the community now and in the future. To accomplish this goal, the
City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year.
In 2019, the total compensation including benefits provided to the City Attorney is as follows:
2019 Salary and Benefits Annual
Salary $ 200,087
Medical Insurance $ 11,183
Dental Insurance $ 612
Life Insurance $ 314
Long Term Disability $ 1,109
ICMA (457) $ 6,003
ICMA (401) $ 20,009
Total Monetary Compensation $ 239,315
Non-Monetary Benefits
Vacation (30 days per year)
Holidays (9 days per year)
In addition, the City Attorney cashed out 120 hours of accrued and unused vacation totaling $11,544.
Agenda Item 13
Item # 13 Page 2
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City Attorney,
and Chief Judge. It states that any change in compensation for these employees will be adopted by the Council
by Ordinance. This Ordinance will amend the City Code to reflect the City Attorney’s 2020 salary.
ATTACHMENTS
1. Powerpoint presentation (PDF)
1
Establishing Compensation of the City Attorney
Jamie Heckman
December 3, 2019
ATTACHMENT 1
13.1
Packet Pg. 227
Attachment: Powerpoint presentation (8477 : 2020 Salary - City Attorney)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
13.1
Packet Pg. 228
Attachment: Powerpoint presentation (8477 : 2020 Salary - City Attorney)
Methodology
3
Data group
• Adopted by Council on October 1, 2019
• National – 17 cities
Benchmark data
• Salary
• Bonus
• Retirement
• Car allowance
City Attorney Market
13.1
Packet Pg. 229
Attachment: Powerpoint presentation (8477 : 2020 Salary - City Attorney)
Market Analysis
4
City Attorney 2019 Salary = $200,087
National Benchmark Cities
Market Information
13.1
Packet Pg. 230
Attachment: Powerpoint presentation (8477 : 2020 Salary - City Attorney)
-1-
ORDINANCE NO. 149, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Attorney; and
WHEREAS, the City is committed to compensating its employees in a manner that is
fair, competitive and understandable; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance, and may adjust the
salary of the City Attorney to bring that salary more in line with the approved market data; and
WHEREAS, the City Council met with the City Attorney to conduct a review and
establish goals for her performance; and
WHEREAS, the City Council believes the base salary of the City Attorney for 2020
should be established at the amount of $_______ effective January 13, 2020.
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 2-581 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be two hundred thousand eight-seven
_____________ dollars ($200,087_______) per annum, payable in biweekly
installments. Sixty (60) percent of such sum shall be charged to general government
expense, twenty (20) percent to the City water utility and twenty (20) percent to the City
electric utility.
Section 3. That the effective date of the salary adjustment shall be January 13, 2020,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
Packet Pg. 231
-2-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 232
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
RESCHEDULED TO JANUARY 7, 2020
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 150, 2019. Amending Section 2-596 of the Code of the City of Fort Collins and
Setting the Salary of the City Manager.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2020 salary of the City Manager. City Council met in executive
sessions on November 12 and 19, 2019 and may meet in another executive session on December 3, 2019, to
conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2020 salary of the
City Manager.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is market based, competitive and
based on performance. The goal as an employer is to attract, retain, engage, develop and reward a diverse and
competitive workforce to meet the needs of the community now and in the future. To accomplish this goal, the
City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year.
In 2019, the total compensation including benefits provided to the City Manager is as follows:
2019 Salary and Benefits Annual
Salary $ 270,364
Medical Insurance $ 11,183
Dental Insurance $ 612
Life Insurance $ 423
Long Term Disability $ 1,498
ICMA (457) $ 8,111
ICMA (401) $ 27,036
Car Allowance $ 9,000
Total Monetary Compensation $ 328,227
Non-Monetary Benefits
Vacation (30 days per year)
Holidays (9 days per year)
In addition, the City Manager cashed out 120 hours of accrued and unused vacation totaling $15,598.
Agenda Item 14
Item # 14 Page 2
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City Attorney,
and Chief Judge. It states that any change in compensation for these employees will be adopted by the Council
by Ordinance. This Ordinance will amend the City Code to reflect the City Manager’s 2020 salary.
ATTACHMENTS
1. Powerpoint presentation (PDF)
1
Establishing Compensation of the City Manager
Jamie Heckman
December 3, 2019
ATTACHMENT 1
14.1
Packet Pg. 235
Attachment: Powerpoint presentation (8478 : 2020 Salary - City Manager)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
14.1
Packet Pg. 236
Attachment: Powerpoint presentation (8478 : 2020 Salary - City Manager)
Methodology
3
Data group
• Adopted by Council on October 1, 2019
• National – 20 cities
Benchmark data
• Salary
• Bonus
• Retirement
• Car allowance
City Manager Market
14.1
Packet Pg. 237
Attachment: Powerpoint presentation (8478 : 2020 Salary - City Manager)
Market Analysis
4
City Manager 2019 Salary = $270,364
National Benchmark Cities
Market Information
14.1
Packet Pg. 238
Attachment: Powerpoint presentation (8478 : 2020 Salary - City Manager)
-1-
ORDINANCE NO. 150, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF
FORT COLLINS AND SETTING THE SALARY OF THE CITY MANAGER
WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager; and
WHEREAS, the City is committed to compensating its employees in a manner that is
fair, competitive and understandable; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance, and may adjust the
salary of the City Manager to bring that salary more in line with the approved market data; and
WHEREAS, the City Council met with the City Manager to conduct a review and
establish next year’s goals; and
WHEREAS, the City Council believes that the base salary of the City Manager should be
established at the amount of $_______ effective January 13, 2020.
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 2-596 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-596. Salary of the City Manager.
The base salary to be paid the City Manager shall be two hundred seventy
thousand, three hundred sixty-four_______________________ dollars
($270,364_______) per annum, payable in biweekly installments. Forty (40)
percent of such sum hall be charged to the city electric utility, twenty (20) percent
to the city water utility and forty (40) percent to general government expense.
Section 3. That the effective date of the salary adjustment shall be January 13, 2020,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 240
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.
Electric Utility Enterprise Board Meeting
December 3, 2019
(after the Regular Council Meeting)
• CALL MEETING TO ORDER
1. Consideration and Approval of the Minutes of the November 19, 2019 Electric Utility Enterprise
Board Meeting.
The purpose of this item is to approve the minutes from the November 19, 2019 Electric Utility
Enterprise Board meeting.
2. Second Reading of Ordinance No. 008, Amending its Ordinance No. 007 which Authorized a Loan
Agreement with U.S. Bank National Association to Provide Funding for the Epic Loan Program.
(staff: Travis Storin, Sean Carpenter; no staff presentation; 5 minute discussion)
This Ordinance, unanimously adopted on First Reading on November 19, 2019, amends Ordinance
No. 007 which authorized the Electric Utility Enterprise to borrow up to $2.5 million under a line of
credit from U. S. Bank National Association to use as additional funding for the Utilities’ On-Bill Utility
Financing Program. After the adoption of Ordinance No. 007, the Bank proposed a modification to
the terms of the Loan Agreement approved in Ordinance No. 007. The modification requested by
the Bank provides that the Enterprise’s ability to exercise its fixed rate “term out” option is contingent
upon the Enterprise having a credit rating of BBB+ or higher. The Enterprise currently maintains a
rating of AA- and has a Council-adopted policy requiring a rating of A or higher. Staff assesses it
highly unlikely that the Enterprise’s credit rating will drop to BBB or lower within the 2-year variable
draw period.
This Ordinance has been amended for Second Reading to reflect that the Enterprise’s debt is not
rated by Moody’s, but by Standard & Poor’s and Fitch. Moody’s provides the rating for the City’s
debt.
• OTHER BUSINESS
• ADJOURNMENT
ELECTRIC UTILITY ENTERPRISE
BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 3, 2019
Electric Utility Enterprise Board
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 19, 2019 Electric Utility Enterprise Board Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the November 19, 2019 Electric Utility Enterprise
Board meeting.
ATTACHMENTS
1. November 19, 2019 (PDF)
1
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City of Fort Collins Page 25
ELECTRIC UTILITY ENTERPRISE BOARD
November 19, 2019
9:00 PM
• CALL MEETING TO ORDER
PRESENT: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol
Staff Present: Atteberry, Daggett, Coldiron
1. Consideration and Approval of the Minutes from the September 17, 2019 Electric Utility
Enterprise Board Meeting. (Adopted)
The purpose of this item is to approve the minutes from the September 17, 2019 Electric Utility
Enterprise Board meeting.
Boardmember Stephens made a motion, seconded by Boardmember Gorgol, to approve the minutes from
the September 17, 2019 Electric Utility Enterprise Board meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol
2. First Reading of Ordinance No. 008, Amending its Ordinance No. 007 which Authorized a Loan
Agreement with U.S. Bank National Association to Provide Funding for the Epic Loan Program.
(Adopted on First Reading)
The purpose of this item is to amend Ordinance No. 007 that the Electric Utility Enterprise Board
adopted on September 17, 2019, to authorize the Electric Utility Enterprise (Enterprise) to borrow up
to $2.5 million under a line of credit from U. S. Bank National Association (Bank) to use as additional
funding for the Utilities’ On-Bill Utility Financing Program. After the adoption of Ordinance No. 007,
the Bank proposed a modification to the terms of the Loan Agreement approved in Ordinance No. 007
(Loan Agreement).
Ordinance No. 008 is being brought forward for the Board’s consideration of this modification and
other minor modifications to the Loan Agreement. The modification requested by the Bank provides
that the Enterprise’s ability to exercise its fixed rate “term out” option is contingent upon the Enterprise
having a credit rating of BBB+ or higher. The Enterprise currently maintains a rating of AA- and has a
Council-adopted policy requiring a rating of A or higher. Staff assesses it highly unlikely that the
Enterprise’s credit rating will drop to BBB or lower within the 2-year variable draw period.
Blaine Dunn, Senior Treasury Analyst, noted in September the Board entered into an agreement with US
Bank concerning the Epic Loan Program. US Bank has requested a modification from the original loan
agreement that the Enterprise maintain a BBB+ credit rating in order for the Enterprise to utilize the fixed-
rate term out feature of the loan. The Enterprise maintains a current credit rating of AA-. By policy, it must
maintain a rating of A. There are no expected changes in the original intended us of the term loan feature.
Boardmember Stephens made a motion, seconded by Boardmember Cunniff, to adopt Ordinance No. 008
on First Reading.
RESULT: ORDINANCE NO. 008 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol
1.1
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Attachment: November 19, 2019 (8506 : EUE-minutes 11/19)
November 19, 2019
City of Fort Collins Page 26
• ADJOURNMENT
The meeting adjourned at 9:05 PM.
______________________________
President
ATTEST:
_________________________________
Secretary
1.1
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Attachment: November 19, 2019 (8506 : EUE-minutes 11/19)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY December 3, 2019
Electric Utility Enterprise Board
STAFF
Terra Sampson, Project Manager, Energy Services
John Phelan, Energy Services Manager
Travis Storin, Accounting Director
Sean Carpenter, Climate Economy Advisor
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 008, Amending its Ordinance No. 007 which Authorized a Loan Agreement
with U.S. Bank National Association to Provide Funding for the Epic Loan Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 19, 2019, amends Ordinance No. 007
which authorized the Electric Utility Enterprise to borrow up to $2.5 million under a line of credit from U. S.
Bank National Association to use as additional funding for the Utilities’ On-Bill Utility Financing Program. After
the adoption of Ordinance No. 007, the Bank proposed a modification to the terms of the Loan Agreement
approved in Ordinance No. 007. The modification requested by the Bank provides that the Enterprise’s ability
to exercise its fixed rate “term out” option is contingent upon the Enterprise having a credit rating of BBB+ or
higher. The Enterprise currently maintains a rating of AA- and has a Council-adopted policy requiring a rating
of A or higher. Staff assesses it highly unlikely that the Enterprise’s credit rating will drop to BBB or lower within
the 2-year variable draw period.
This Ordinance has been amended for Second Reading to reflect that the Enterprise’s debt is not rated by
Moody’s, but by Standard & Poor’s and Fitch. Moody’s provides the rating for the City’s debt.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (PDF)
2
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY November 19, 2019
Electric Utility Enterprise Board
STAFF
Terra Sampson, Project Manager, Energy Services
John Phelan, Energy Services Manager
Travis Storin, Accounting Director
Sean Carpenter, Climate Economy Advisor
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 008, Amending its Ordinance No. 007 which Authorized a Loan Agreement
with U.S. Bank National Association to Provide Funding for the Epic Loan Program.
EXECUTIVE SUMMARY
The purpose of this item is to amend Ordinance No. 007 that the Electric Utility Enterprise Board adopted on
September 17, 2019, to authorize the Electric Utility Enterprise (Enterprise) to borrow up to $2.5 million under a
line of credit from U. S. Bank National Association (Bank) to use as additional funding for the Utilities’ On-Bill
Utility Financing Program. After the adoption of Ordinance No. 007, the Bank proposed a modification to the
terms of the Loan Agreement approved in Ordinance No. 007 (Loan Agreement).
Ordinance No. 008 is being brought forward for the Board’s consideration of this modification and other minor
modifications to the Loan Agreement. The modification requested by the Bank provides that the Enterprise’s
ability to exercise its fixed rate “term out” option is contingent upon the Enterprise having a credit rating of BBB+
or higher. The Enterprise currently maintains a rating of AA- and has a Council-adopted policy requiring a rating
of A or higher. Staff assesses it highly unlikely that the Enterprise’s credit rating will drop to BBB or lower within
the 2-year variable draw period.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Epic Homes
In October 2018, Fort Collins became a winner of the 2018 Bloomberg Mayors Challenge and the associated
$1M prize. The 2018 Bloomberg Mayors Challenge involved over 300 cities proposing ideas to address important
issues in their community. The City’s proposal, Epic Homes, was selected as a winner for its innovative approach
to providing health and equity benefits to residents, specifically for low-to-moderate income renters, by improving
the energy efficiency of rental homes. Residential property owners can take advantage of Epic Homes’ easy
streamlined steps to make their homes more comfortable, healthy and efficient. Partnering with Colorado State
University, Fort Collins is also establishing a research study which links the health and wellbeing indicators of
improved indoor environmental quality.
Epic Homes provides non-energy benefits in addition to efficiency, such as increased comfort, health and safety.
In nearly every energy assessment, energy advisors identify a health and safety hazard in need of attention.
This could vary from a back-drafting water heater, to air leakage pollutants entering the home from the garage
ATTACHMENT 1
2.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8494 : EUE-SR 008 Epic Loans)
Agenda Item 2
Item # 2 Page 2
or crawlspace, to combustion appliances that need tuning or replacing producing excess carbon monoxide. For
example, one energy advisor has shared a story of walking into a home for an energy assessment and his
personal safety monitor immediately going off from carbon monoxide levels because the furnace had gone out
and the household was using their oven for heat. Loans are available for over 25 different types of efficiency
measures, including replacing an old furnace with a new efficient furnace that has important safety features,
such as sealed combustion with intake and exhaust to the outside.
Epic Loans
In 2012, the City Council established by ordinance the On-Bill Utility Financing Program, which is now known as
the Epic Loan Program (Program). The Program was established then and has been operated since to assist
customers of Fort Collins Utilities (Utilities) in financing home energy efficiency, water efficiency and renewable
energy improvements by making loans to customers who are property owners (Epic Loans). Funds for these
Epic Loans have come from reserves in the Light and Power and Water funds ($1.6 million). The City has also
recently been awarded grants for the Program from the Colorado Energy Office ($200,000) and from Bloomberg
Philanthropies ($688,350). In September 2019, Council adopted Ordinance 110 authorizing an increase for the
current loan balance available for the Program reflecting these funds and proposed borrowings.
Fort Collins’ innovative On-Bill Finance (OBF) program (previously also known as Home Efficiency Loan Program
or Help and now called the Epic Loan Program), a component of the Epic Homes portfolio (Attachment 1),
supports a number of community and City Council priorities, including ambitious goals around energy efficiency
and renewables, reduced greenhouse gas emissions and increased equity and wellbeing of all residents.
Meeting these objectives will require, among other activities, greater numbers of property owners to undertake
comprehensive efficiency improvements in the coming years, particularly for older, less-efficient rental properties
which make up a significant percentage of the City’s housing stock. An ongoing and attractive financing structure
to support energy efficiency retrofits will be a critical element for success moving forward.
The original OBF program operated successfully from 2013 through 2016 when the maximum outstanding loan
balance funded through Light & Power reserves was reached. Epic Loans were revitalized in August 2018 during
the Champions Phase of the Bloomberg Mayors Challenge using the $100,000 award from the Champions
Phase and a $200,000 grant from the Colorado Energy Office. To date, Fort Collins Utilities has serviced 205
on-bill loans to support energy efficiency upgrades in residential homes and overcome financial barriers for
making these important upgrades.
Staff has been working to develop third-party capital agreements to scale impact for owners and renters in Fort
Collins. This has included presentations with the Council Finance Committee to discuss the Request for
Proposals for third-party capital providers, discuss the capital strategy and review proposed capital agreement
terms. Staff plans to bring more information about 15-year capital sources to Council Finance and the Electric
Utility Enterprise Board as loan agreements are further developed. The proposed ‘capital stack’ is provided in
Table 1 below and the customer interest rates based on third-party capital terms are provided in Table 2.
Table 1. Epic Loan Capital Stack Summary
Capital
Type
Provider Term Rate Amount
Internal &
Grant
Previously authorized Light &
Power reserves
Ongoing 0% $1,600,000
Bloomberg Philanthropies Grant 0% $688,350
Colorado Energy Office - Grant Grant 0% $200,000
Internal Subtotal $2,488,350
External
Market
Colorado Energy Office - Loan 15 year 0% Up to $800,000
U. S. Bank 5 & 1076% of Prime Up to $2,500,000
2.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8494 : EUE-SR 008 Epic Loans)
Agenda Item 2
Item # 2 Page 3
year (3.61% Currently)
In-State Commercial Bank 15 year 10-year US Treasury
+ 2.75% (4.50%
Currently)
Up to $1,500,000
External Subtotal $4,800,000
Total $7,288,350
Table 2. Customer Interest Rate
Loan Term Customer Rate (Effective
Aug. 2019)
3 or 5 years 3.75%
7 or 10 years 4.25%
15 years 4.75%
U.S. Bank
The Bank responded to RFP #8842 issued in December 2018. Staff began discussions with the Bank in January
2019 and have negotiated the following terms:
Amount: Up to $2,500,000
Length: 5-year and 10-year portions, inclusive of draw period
Draw period: Up to 2 years with monthly draws based on customer loans
Variable Rate Period: Taxable variable rate of 76% of Prime
Fixed Rate: Up to four (4) conversions to Term Loan during the 2-year variable rate period (rate becomes
fixed after Term Loan conversion)
The Enterprise will pledge to the Bank, as security for payment of the loan, the Electric Utility’s revenues, which
will include the customers’ repayment of the Epic Loans. However, this pledge will be junior to the current pledge
given to the Connexion revenue bondholders. Finally, the Enterprise may pre-pay this loan with the Bank in
whole or in part at any time without penalty.
These terms and the loan agreement were adopted by the Electric Utility Enterprise Board in September 2019.
After adoption, the Bank required new language defining a minimum credit rating of BBB+ in order for the
Enterprise to utilize the Term Loan feature of the loan. The Electric Utility Enterprise has a current credit rating
of AA- and, by policy, must maintain a rating of A. Therefore, staff expects to be able to utilize the Term Loan
feature as intended in the original agreement. This modification is reflected in Attachment 4, a redlined version
of the Loan Agreement that shows the changes.
These and other terms are reflected in the Loan Agreement attached as Exhibit A to the Ordinance.
Policy Considerations
The City Debt Policy states that “The City will normally not issue variable rate debt … certain circumstances may
warrant the issuance of variable rate debt, but the City will attempt to stabilize the debt service payments through
the use of an appropriate stabilization arrangement.” The proposed 5- and 10-year facility with the national
commercial bank conforms to this existing policy because staff has arranged for Term Loan conversion rights
during the 2-year variable draw window which effectively stabilizes the debt service per policy.
Third-Party Capital
In all third-party loan agreements, the Enterprise will be the borrower, with the third-party funds being loaned to
customers by Utilities. The Enterprise will be responsible for the repayment to the capital provider. In turn, Utilities
customers carry the obligation for repayment of loans to the City via their utility bill. Utilities has various code-
specified tools for recourse of delinquent utility bills that makes the risk profile for the Epic Loan portfolio
2.1
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8494 : EUE-SR 008 Epic Loans)
Agenda Item 2
Item # 2 Page 4
extremely low. In fact, there have been zero loan defaults since OBF began in 2013.
CITY FINANCIAL IMPACTS
Staff projects the Epic Loan Program will be cashflow positive. Staff also projects the Ordinance under
consideration will meet the project demand for the next 4 years or more, for loans with a payback of up to 10
years. The 15-year external capital sources will be brought forward for Electric Utility Enterprise Board
consideration as the loan agreements are further developed.
The Ordinance is not anticipated to affect electric rates.
A variety of risks exist including variable interest rate exposure, customer demand risk, and customer default
risk. Customer default risk is considered de minimis based on lack of defaults over the 6-year history of the
Program and the default protections the City already has in place. Customer demand risk is difficult to assess,
but the line of credit model helps ensure that principal borrowed matches the Epic Loan volumes as closely as
possible.
To manage interest rate risk, staff built in Term Loan conversion and pre-pay options into the loan agreements,
incorporated a 1.0% spread between borrowed rates and customer rates, and performs regular reviews of
customer rates. In the event of extreme market interest rate activity or the portfolio going “upside-down”, the City
can exercise its term out (rate-lock) option and freeze new Epic Loan customer offerings, effectively capping the
exposure.
Core tenants of the Program are to ensure no negative impact on Light & Power planned debt offerings, and to
protect the Utilities credit rating and broadband coverage covenants.
BOARD / COMMISSION RECOMMENDATION
Third-party loan agreements and terms were discussed at the July 15, 2019 and August 19, 2019 Council
Finance Meetings (Attachments 2 and 3). Council Finance supported bringing forward the included Ordinance
for Electric Utility Enterprise Board consideration. Staff plans to bring more information about 15-year capital
sources to Council Finance and the Electric Utility Enterprise Board as loan agreements are further developed.
ATTACHMENTS
1. Epic Homes Structure and Components Diagram (PDF)
2. Council Finance Meeting Minutes, July 15, 2019 (PDF)
3. Council Finance Meeting Minutes, August 19, 2019 (PDF)
4. US Bank Loan Agreement (redlined to show changes) (PDF)
5. Powerpoint presentation (PDF)
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Attachment: First Reading Agenda Item Summary, November 19, 2019 (w/o attachments) (8494 : EUE-SR 008 Epic Loans)
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ORDINANCE NO. 008
OF THE CITY OF FORT COLLINS ELECTRIC UTILITY ENTERPRISE
AMENDING ITS ORDINANCE NO. 007 WHICH AUTHORIZED A LOAN
AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION TO
PROVIDE FUNDING FOR THE EPIC LOAN PROGRAM
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and
existing home rule municipality of the State of Colorado, created and operating pursuant to
Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the
“Charter”); and
WHEREAS, the members of the City Council of the City (the “Council”) have been duly
elected and qualified; and
WHEREAS, Section 19.3(b) of the Charter Article V (“Section 19.3(b)”) provides that
the Council may, by ordinance establish the City’s electric utility (the “Utility”) as an enterprise
of the City; and
WHEREAS, pursuant to Section 19.3(b), the Council has heretofore established the
Utility as an enterprise of the City (the “Enterprise”) in ordinances codified in Section 26-392 of
the Municipal Code of the City of Fort Collins (the “Code”); and
WHEREAS, pursuant to Section 19.3(b) and Code Section 26-392, the Council has
authorized the Enterprise, by and through the Council sitting as the board of the Enterprise (the
“Board”), to issue, by ordinance, revenue and refunding securities and other debt; and
WHEREAS, the City has established a program to assist certain customers of the Utility
in financing home energy efficiency and renewable energy improvements (the “Epic Program”)
by making loans to customers who are property owners (“Epic Loans”); and
WHEREAS, on September 17, 2019, the Board adopted on second reading Ordinance
No. 007 (“Ordinance No. 007”) authorizing the Enterprise to finance Epic Loans (the “Project”)
by entering into the loan agreement attached as Exhibit A to Ordinance No. 007 (the “Loan
Agreement”) with U.S. Bank National Association (the “Bank”) pursuant to which the Bank will
loan the Enterprise an amount of not to exceed $2,500,000 (the “Loan”) for such purposes, and
to issue a promissory note to the Bank to evidence the Enterprise’s repayment obligations under
the Loan Agreement (the “Note”); and
WHEREAS, since the Board’s approval of Ordinance No. 007, the Bank has requested
that Section 2.07 of the Loan Agreement and the “Form of Advance Request” attached as Exhibit
B to the Loan Agreement be amended to provide that as a precondition of the Enterprise
exercising its option to convert the variable-rate line-of-credit provided under the Loan
Agreement to a fix-rate and fixed-term loan, the Enterprise’s Senior Debt must be rated in one of
the four highest rating categories of a nationally recognized organization which regularly rates
obligations such as the Senior Debt (the “Ratings Amendment”) ; and
WHEREAS, the Enterprise’s Senior Debt is currently rated by Moody’sStandard &
Poor’s and Fitch as AA-, which is Moody’stheir second highest rating category; and
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WHEREAS, it is also proposed that the definition of “Authorized Person” in Article I of
the Loan Agreement be amended to clarify that the President of the Enterprise and any individual
authorized by the President to act as an “Authorized Person” under the Loan Agreement are
each, along with the Enterprise’s Treasurer, an “Authorized Person” under the Loan Agreement
(the “Definition Amendment”); and
WHEREAS, the Ratings Amendment and the Definition Amendment have been made to
Loan Agreement attached as Exhibit A to this Ordinance, but otherwise the Loan Agreement
remains unchanged as approved in Ordinance No. 007 (the “Amended Loan Agreement”); and
WHEREAS, the purpose of this Ordinance is to amend Ordinance No. 007 to replace the
Loan Agreement attached as Exhibit A to Ordinance No. 007 with the Amended Loan
Agreement and to otherwise ratify and reaffirm all other provisions, terms and conditions
Ordinance No. 007.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE ELECTRIC
UTILITY ENTERPRISE OF THE CITY OF FORT COLLINS, as follows:
Section 1. Adoption of Recitals, Approvals, Authorizations, and
Amendments. The Board hereby adopts and incorporates herein by reference as operative
provisions of this Ordinance the recitals set forth above. The Amended Loan Agreement in
substantially the form attached hereto as Exhibit “A” is incorporated herein by reference and
hereby approved. The Enterprise shall enter into and perform its obligations under the Amended
Loan Agreement and Note (jointly, the “Financing Documents”) in the forms of such documents,
with such changes as are not inconsistent herewith and as are hereafter approved by the President
or the Treasurer. The President and Secretary are hereby authorized and directed to execute the
Financing Documents and to affix the seal of the Enterprise thereto, and further to execute and
authenticate such other documents or certificates as are deemed necessary or desirable in
connection therewith. The Financing Documents shall be executed in substantially the forms
approved at this meeting. The execution of any instrument or certificate or other document in
connection with the matters referred to herein by the President, the Secretary, the Treasurer, any
member of the Board, or by other appropriate officers of the Enterprise, shall be conclusive
evidence of the approval by the Enterprise of such instrument.
Section 2. Ratification and Approval of Prior Actions. All actions heretofore
taken by the officers of the Enterprise and members of the Board, not inconsistent with the
provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in
respect thereof, are hereby ratified, approved, and confirmed.
Section 3. Severability. If any section, paragraph, clause, or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall not affect any of the
remaining provisions of this Ordinance, the intent being that the same are severable.
Section 4. Ordinance Irrepealable. After the Financing Documents are
executed and delivered, this Ordinance shall constitute an irrevocable contract between the
Enterprise and the Bank and shall be and remain irrepealable until the Loan and the interest
Packet Pg. 11
-3-
thereon, as applicable, shall have been fully paid, satisfied, and discharged. No provisions of any
constitution, statute, charter, ordinance, resolution or other measure enacted after the Financing
Documents are executed and delivered shall in any manner be construed as impairing the
obligations of the Enterprise to keep and perform the covenants contained in this Ordinance.
Section 5. Disposition. A true copy of this Ordinance, as adopted by the
Board, shall be numbered and recorded on the official records of the Board and its adoption and
publication shall be authenticated by the signatures of the President and the Secretary, and by a
certificate of the publisher.
Section 6. Effective Date. This Ordinance shall take effect on the tenth day
following its adoption.
Introduced, considered favorably on first reading and ordered published this 19th day of
November 2019, and to be presented for final passage on the 3rd day of December 2019.
______________________________
President
ATTEST:
________________________
Secretary
Passed and adopted on final reading this 3rd day of December 2019.
______________________________
President
ATTEST:
________________________
Secretary
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LOAN AGREEMENT
by and between
CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE
and
U.S. BANK NATIONAL ASSOCIATION
Relating to:
Not to exceed $2,500,000 2019 Taxable Subordinate Lien Revenue Note
Dated as of [Closing Date], 2019
EXHIBIT A
1
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Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
TABLE OF CONTENTS
Page
i
ARTICLE I DEFINITIONS ............................................................................................................2
ARTICLE II LOAN .........................................................................................................................7
Section 2.01. Loan. ..................................................................................................................7
Section 2.02. Interest Rate; Interest Payments; Principal Payments. ......................................8
Section 2.03. Costs, Expenses and Taxes ..............................................................................10
Section 2.04. Pledge ...............................................................................................................11
Section 2.05. Conditions to Closing ......................................................................................11
Section 2.06. Procedure for Requesting and Funding Advances. ..........................................12
Section 2.07. Conversion to Term Loan ................................................................................13
ARTICLE III FUNDS AND ACCOUNTS ...................................................................................14
Section 3.01. Light and Power Fund ......................................................................................14
ARTICLE IV REPRESENTATIONS AND WARRANTIES OF THE ENTERPRISE ...............14
Section 4.01. Due Organization .............................................................................................14
Section 4.02. Power and Authorization .................................................................................14
Section 4.03. No Legal Bar ....................................................................................................14
Section 4.04. Consents ...........................................................................................................14
Section 4.05. Litigation ..........................................................................................................15
Section 4.06. Enforceability ...................................................................................................15
Section 4.07. Changes in Law ................................................................................................15
Section 4.08. Financial Information and Statements .............................................................15
Section 4.09. Accuracy of Information ..................................................................................15
Section 4.10. Financing Documents ......................................................................................15
Section 4.11. Regulations U and X ........................................................................................15
Section 4.12. Default, Etc ......................................................................................................16
Section 4.13. Sovereign Immunity.........................................................................................16
Section 4.14. No Filings.........................................................................................................16
Section 4.15. Outstanding Debt .............................................................................................16
ARTICLE V COVENANTS OF THE ENTERPRISE ..................................................................16
Section 5.01. Performance of Covenants, Authority .............................................................16
Section 5.02. Contractual Obligations ...................................................................................17
Section 5.03. Further Assurances...........................................................................................17
Section 5.04. Conditions Precedent .......................................................................................17
Section 5.05. Rules, Regulations and Other Details. .............................................................17
Section 5.06. Payment of Governmental Charges .................................................................17
Section 5.07. Protection of Security ......................................................................................18
Section 5.08. Prompt Payment ...............................................................................................18
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Section 5.09. Use of Funds and Accounts .............................................................................18
Section 5.10. Other Liens.......................................................................................................18
Section 5.11. Reasonable and Adequate Charges ..................................................................18
Section 5.12. Adequacy and Applicability of Charges ..........................................................18
Section 5.13. Limitations Upon Free Service ........................................................................19
Section 5.14. Collection of Charges ......................................................................................19
Section 5.15. Maintenance of Records ..................................................................................19
Section 5.16. Accounting Principles ......................................................................................19
Section 5.17. Laws, Permits and Obligations ........................................................................19
Section 5.18. Bonding and Insurance ....................................................................................19
Section 5.19. Other Liabilities ...............................................................................................19
Section 5.20. Proper Books and Records ...............................................................................19
Section 5.21. Reporting Requirements. .................................................................................20
Section 5.22. Visitation and Examination..............................................................................20
Section 5.23. Additional Debt ................................................................................................20
ARTICLE VI INVESTMENTS .....................................................................................................21
Section 6.01. Permitted Investments Only .............................................................................21
ARTICLE VII EVENTS OF DEFAULT AND REMEDIES ........................................................21
Section 7.01. Events of Default .............................................................................................21
Section 7.02. Remedies ..........................................................................................................22
Section 7.03. Notice to Bank of Default ................................................................................23
Section 7.04. Additional Bank Rights ....................................................................................23
Section 7.05. Delay or Omission No Waiver .........................................................................23
Section 7.06. No Waiver of One Default to Affect Another; All Remedies Cumulative ......23
Section 7.07. Other Remedies ................................................................................................23
ARTICLE VIII MISCELLANEOUS ............................................................................................23
Section 8.01. Loan Agreement and Relationship to Other Documents .................................23
Section 8.02. Assignments, Participations, etc. by the Bank .................................................23
Section 8.03. Notices .............................................................................................................23
Section 8.04. Payments ..........................................................................................................24
Section 8.05. Applicable Law and Jurisdiction; Interpretation; Severability ........................24
Section 8.06. Copies; Entire Agreement; Modification .........................................................24
Section 8.07. Waiver of Jury Trial .........................................................................................25
Section 8.08. Attachments .....................................................................................................25
Section 8.09. No Recourse Against Officers and Agents ......................................................25
Section 8.10. Conclusive Recital ...........................................................................................25
Section 8.11. Limitation of Actions .......................................................................................25
Section 8.12. Pledge of Revenues ..........................................................................................25
Section 8.13. No Liability ......................................................................................................26
Section 8.14. No Waiver; Modifications in Writing ..............................................................26
Section 8.15. Payment on Non-Business Days ......................................................................26
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Section 8.16. Execution in Counterparts; Electronic Storage ................................................26
Section 8.17. Severability ......................................................................................................27
Section 8.18. Headings ..........................................................................................................27
Section 8.19. Waiver of Rules of Construction .....................................................................27
Section 8.20. Integration ........................................................................................................27
Section 8.21. Termination of Agreement ...............................................................................27
EXHIBIT A FORM OF 2019 NOTE ................................................................................ A-1
EXHIBIT B FORM OF ADVANCE REQUEST ..............................................................B-1
EXHIBIT C FORM OF CONVERSION NOTICE ............................................................C-1
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Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
LOAN AGREEMENT
THIS LOAN AGREEMENT (this “Agreement”) is made and entered into as of [Closing
Date], 2019, by and between CITY OF FORT COLLINS, COLORADO, ELECTRIC
UTILITY ENTERPRISE, an enterprise established and existing pursuant to the home rule
charter of the City of Fort Collins, Colorado (the “Enterprise”), and U.S. BANK NATIONAL
ASSOCIATION, a national banking association, in its capacity as lender (the “Bank”).
W I T N E S S E T H :
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and existing
home rule municipality of the State of Colorado, created and operating pursuant to Article XX of
the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and
WHEREAS, the members of the City Council of the City (the “Council”) have been duly
elected and qualified; and
WHEREAS, Section 19.3(b) of the Charter Article V (“Section 19.3(b)”) provides that the
Council may, by ordinance establish the City’s electric utility (the “Utility”) as an enterprise of the
City; and
WHEREAS, pursuant to Section 19.3(b), the Council has heretofore established the Utility
as an enterprise of the City (the “Enterprise”) in ordinances codified in Section 26-392 of the Code
of the City of Fort Collins (“Section 26-392”); and
WHEREAS, pursuant to Section 19.3(b) and Section 26-392, the Council has authorized
the Enterprise, by and through the Council, sitting as the board of the Enterprise (the “Board”), to
issue revenue and refunding securities and other debt; and
WHEREAS, the Enterprise has established a program (the “Epic Program”) to assist certain
customers of the Utility in financing home energy efficiency and renewable energy improvements
by making loans to customers who are property owners (“Epic Loans”); and
WHEREAS, the Board has determined that in order to finance Epic Loans (the “Project”),
it is necessary and advisable and in the best interests of the Enterprise (i) to enter into this
Agreement with the Bank pursuant to which the Bank shall loan the Enterprise an amount of not
to exceed $2,500,000 (the “Loan”) for such purposes, and (ii) to issue a promissory note (the
“Note”) to the Bank to evidence the Enterprise’s repayment obligations under this Agreement; and
WHEREAS, the Enterprise has previously issued its “City of Fort Collins, Colorado,
Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A” (the “2018A Bonds”) and
its “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series
2018B” (the “2018B Bonds” and, together with the 2018A Bonds, the “2018 Bonds”) which are
payable from a secured by a lien on the Net Pledged Revenues (as herein defined); and
WHEREAS, except for the 2018 Bonds, neither the City nor the Enterprise has pledged or
hypothecated the Gross Net Pledged Revenues (as herein defined) to the payment of any bonds or
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for any other purpose, with the result that the Net Pledged Revenues may now be pledged lawfully
and irrevocably to the payment of the Loan which pledge will be subordinate to the pledge of Net
Pledged Revenues to the payment of the 2018 Bonds; and
WHEREAS, the Bank is willing to enter into this Agreement and to make the Loan to the
Enterprise pursuant to the terms and conditions stated below; and
WHEREAS, the Loan shall be payable from and secured by the Net Pledged Revenues as
more fully set forth herein;
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the parties hereto agree as follows.
ARTICLE I
DEFINITIONS
Words and terms defined in the recitals hereof, as hereby supplemented and amended, shall
have the same meanings herein or therein assigned to them, unless the context or use indicates
another meaning or intent, and except to the extent amended by the definitions hereinafter set forth.
In addition, the following terms shall have the meanings set forth herein:
“2018 Bond Ordinance” means the ordinance of the Enterprise which provides for the
issuance and delivery of the 2018A Bonds and 2018B Bonds.
“2018A Bonds” means the Enterprise’s Tax-Exempt Revenue Bonds, Series 2018A.
“2018B Bonds” means the Enterprise’s Taxable Revenue Bonds, Series 2018B.
“2019 Note” or “Note” means the City of Fort Collins, Colorado, Electric Utility
Enterprise not to exceed $2,500,000 2019 Taxable Subordinate Lien Revenue Note evidencing the
Loan from the Enterprise, as maker, to the Bank, as payee.
“Advance” means a disbursement of proceeds of the Unfunded Portion of the Loan
pursuant to the terms hereof.
“Advance Maturity Date” means the second anniversary of the Closing Date.
“Advance Period” means the period commencing on the date of the Closing Date and
terminating on the second anniversary of the Closing Date unless terminated or extended as
provided herein.
“Advance Termination Date” means the earlier to occur of (a) the Full Funding Date; (b)
the date which is the last day of the Advance Period or (c) a date determined by the Enterprise and
provided in writing to the Bank.
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“Authorized Person” means the President of the Enterprise or the Treasurer of the
Enterprise and also means any other individual authorized by the President to act as an Authorized
Person hereunder.
“Authorizing Ordinance” means the Ordinance adopted by the Board on September 17,
2019 authorizing the Enterprise to finance the Project, enter into the Loan and execute and deliver
the Note, this Agreement, and the other Financing Documents.
“Bank” means U.S. Bank National Association, a national banking association, in its
capacity as lender of the Loan.
“Business Day” means any day of the week on which the Bank is conducting its banking
operations nationally and on which day the Bank’s offices are open for business in Denver,
Colorado.
“Capital Improvements” means the acquisition of land, easements, facilities, and
equipment (other than ordinary repairs and replacements), and those property improvements or
any combination of property improvements which will constitute enlargements, extensions or
betterments to the System and will be incorporated into the System.
“Closing” means the date of the execution and delivery of the Note, this Agreement, and
the other Financing Documents by the respective parties thereto.
“Closing Date” means date of the Closing for the Loan.
“Conversion Notice” means a notice of a conversion pursuant to Sections 2.07, which shall
be substantially in the form of Exhibit C.
“Cost of Funds” means the rate at which Bank would be able to borrow funds of
comparable amounts in the Money Markets for a period equal to the term of a Term Loan, adjusted
for any reserve requirement and any subsequent costs arising from a change in government
regulation; such rate rounded up to the nearest one-eighth percent.
“C.R.S.” means the Colorado Revised Statutes, as amended and supplemented as of the
date hereof.
“Debt” means, without duplication, all of the following obligations of the Enterprise for
the payment of which the Enterprise has promised or is required to pay from the Net Pledged
Revenues: (a) borrowed money of any kind; (b) obligations evidenced by bonds, debentures, notes
or similar instruments; (c) obligations upon which interest charges are customarily paid; (d)
obligations arising from guarantees made by the Enterprise; (e) obligations as an account party in
respect of letters of credit and bankers’ acceptances or similar obligations issued in respect of the
Enterprise; and (f) obligations evidenced by any interest rate exchange agreement; provided that
notwithstanding the foregoing, the term “Debt” does not include obligations issued for any
purpose, the repayment of which is contingent upon the Enterprise’s annual determination to
appropriate moneys therefore.
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“Default Interest Rate” means a rate per annum equal to the greater of the Interest Rate
plus 3% or the Maximum Rate.
“Electronic Notification” means telecopy, facsimile transmissions, email transmissions
or other similar electronic means of communication providing evidence of transmission.
“Event of Default” has the meaning set forth in Section 7.01 hereof.
“Financing Documents” means this Agreement, the Note, the Authorizing Ordinance, and
any other document or instrument required or stated to be delivered hereunder or thereunder, all
in form and substance satisfactory to the Bank.
“Fiscal Year” means the 12 months commencing January 1 of any year and ending
December 31 of such year.
“Full Funding Date” means the date on which, if at all, the aggregate amount of all
Advances equals the Maximum Advance Amount.
“Gross Pledged Revenues” means all rates, fees, charges and revenues derived directly or
indirectly by the City from the operation and use of and otherwise pertaining to the System, or any
part thereof, whether resulting from Capital Improvements or otherwise, and includes all rates,
fees, charges and revenues received by the City from the System, including without limitation:
(i) All rates, fees and other charges for the use of the System, or for any service
rendered by the City or the Enterprise in the operation thereof, directly or indirectly, the availability
of any such service, or the sale or other disposal of any commodities derived therefrom, including,
without limitation, connection charges, but:
(a) Excluding any moneys borrowed and used for the acquisition of Capital
Improvements or for the refunding of securities, and all income or other gain from any investment
of such borrowed moneys; and
(b) Excluding any moneys received as grants, appropriations or gifts from the Federal
Government, the State, or other sources, the use of which is limited by the grantor or donor to the
construction of Capital Improvements, except to the extent any such moneys shall be received as
payments for the use of the System, services rendered thereby, the availability of any such service,
or the disposal of any commodities therefrom; and
(ii) All income or other gain from any investment of Gross Pledged Revenues
(including without limitation the income or gain from any investment of all Net Pledged Revenues,
but excluding borrowed moneys and all income or other gain thereon in any project fund,
construction fund, reserve fund, or any escrow fund for any Parity Bonds payable from Net
Pledged Revenues heretofore or hereafter issued and excluding any unrealized gains or losses on
any investment of Gross Pledged Revenues); and
(iii) All income and revenues derived from the operation of any other utility or other
income-producing facilities added to the System and to which the pledge and lien herein provided
are lawfully extended by the Board or by the qualified electors of the City; and
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(iv) All revenues which the Enterprise receives from the repayment of Epic Loans.
“Initial Advance” means the first Advance made by the Bank to the Enterprise pursuant to
Section 2.06 hereof.
“Interest Payment Date” means, for Advances, the first Business Day of each month,
commencing the first such day occurring after the Initial Advance, and continuing through and
including the Advance Maturity Date and, for Term Loans, the first Business Day of each month,
commencing the first such day occurring after an Advance has been converted to a Term Loan
continuing through and including the Term Loan Maturity Date.
“Interest Rate” means for Advances, a variable rate of interest equal to 76% of the Prime
Rate, and for Term Loans, a fixed rate of interest determined on the date an Advance converts to
a Term Loan pursuant to Section 2.07 hereof.
“Light and Power Fund” means the special fund of that name heretofore created by the
City pursuant to Section 8-77 of the Code of the City of Fort Collins .
“Loan” means all Advances and Term Loans.
“Loan Amount” means, with respect to the Loan, a maximum amount of Two Million Five
Hundred Thousand and 00/100 U.S. Dollars ($2,500,000), or such lesser amount that has been
Advanced by the Bank from time to time in accordance with the terms and provisions of this
Agreement.
“Material Adverse Effect” means a material adverse effect on (a) the business, property,
liabilities (actual and contingent), operations or condition (financial or otherwise), results of
operations, or prospects of the Enterprise taken as a whole, (b) the ability of the Enterprise to
perform its obligation under this Agreement, or (c) the validity or enforceability of this Agreement
or the rights or remedies of the Bank under this Agreement.
“Maturity Date” means for Advances the Advance Maturity Date and for Term Loans the
Term Loan Maturity Date.
“Maximum Advance Amount” means, with respect to the 2019 Note, $2,500,000.
“Maximum Rate” has the meaning set forth in Section 2.02(i) hereof.
“Money Markets” refers to one or more wholesale funding markets available to and
selected by Bank, including negotiable certificates of deposit, commercial paper, Eurodollar
deposits, bank notes, federal funds, interest rate swaps or others. The Enterprise acknowledges that
Bank is under no obligation to actually purchase and/or match funds to determine the Interest Rate
for any Term Loan.
“Net Pledged Revenues” means the Gross Pledged Revenues remaining after the payment
of the Operation and Maintenance Expenses of the System.
“Non-Use Fee” has the meaning set forth in Section 2.01(d) hereof.
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“Operation and Maintenance Expenses” means such reasonable and necessary current
expenses of the City, paid or accrued, of operating, maintaining and repairing the System
including, except as limited by contract or otherwise limited by law, without limiting the generality
of the foregoing:
(a) All payments made to the Platte River Power Authority, a wholesale electricity
provider that acquires, constructs and operates generation capacity for the City, or its successor in
function;
(b) Engineering, auditing, legal and other overhead expenses directly related and
reasonably allocable to the administration, operation and maintenance of the System;
(c) Insurance and surety bond premiums appertaining to the System;
(d) The reasonable charges of any paying agent, registrar, transfer agent, depository or
escrow agent appertaining to the System or any bonds or other securities issued therefor;
(e) Annual payments to pension, retirement, health and hospitalization funds
appertaining to the System;
(f) Any taxes, assessments, franchise fees or other charges or payments in lieu of the
foregoing;
(g) Ordinary and current rentals of equipment or other property;
(h) Contractual services, professional services, salaries, administrative expenses, and
costs of labor appertaining to the System and the cost of materials and supplies used for current
operation of the System;
(i) The costs incurred in the billing and collection of all or any part of the Gross
Pledged Revenues; and
(j) Any costs of utility services furnished to the System by the City or otherwise.
“Operation and Maintenance Expenses” does not include:
(a) Any allowance for depreciation;
(b) Any costs of reconstruction, improvement, extensions, or betterments, including
without limitation any costs of Capital Improvements;
(c) Any accumulation of reserves for capital replacements;
(d) Any reserves for operation, maintenance, or repair of the System;
(e) Any allowance for the redemption of any bonds or other securities payable from
the Net Pledged Revenues or the payment of any interest thereon;
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(f) Any liabilities incurred in the acquisition of any properties comprising the System;
and
(g) Any other ground of legal liability not based on contract.
“Parity Debt” means any obligations of the Enterprise payable from and with a lien on the
Net Pledged Revenues on a parity basis with the 2019 Note.
“Permitted Investments” means any investment or deposit permissible under then
applicable law for governmental entities such as the Enterprise.
“Person” means an individual, a corporation, a partnership, an association, a joint venture,
a trust, an unincorporated organization or any other entity or organization, including a government
or political subdivision or an agency or instrumentality thereof.
“Prime Rate” means a variable per annum rate of interest equal at all times to the rate of
interest established and quoted by the Bank as its “Prime Rate,” “Base Rate” or “Reference Rate,”
such rate to change contemporaneously with each change in such established and quoted rate,
provided that it is understood that the Prime Rate shall not necessarily be representative of the rate
of interest actually charged by the Bank on any loan or class of loans.
“Principal Payment Date” means the Maturity Date.
“Senior Debt” means the 2018A Bonds, the 2018B Bonds, and any obligations of the
Enterprise payable from and with a lien on the Net Pledged Revenues on a basis superior to the
2019 Note.
“Supplemental Public Securities Act” means Title 11, Article 57, C.R.S.
“System” means the City’s electric distribution system that furnishes electricity and related
services and excludes the City’s broadband system using fiber-optic technology. The System
consists of all properties, real, personal, mixed and otherwise, now owned or hereafter acquired by
the City, through purchase, construction and otherwise, and used in connection with such system
of the City, and in any way pertaining thereto and consisting of all properties, real, personal, mixed
or otherwise, now owned or hereafter acquired by the City, whether situated within or without the
City boundaries, used in connection with such system of the City, and in any way appertaining
thereto, including all present or future improvements, extensions, enlargements, betterments,
replacements or additions thereof or thereto and administrative facilities.
“Term Loan” has the meaning specified in Section 2.07.
“Term Loan Maturity Date” means the maturity date of a Term Loan as determined
pursuant to Section 2.07.
“Unfunded Portion” means, as of any date, an amount equal to the Maximum Advance
Amount, less the total amount of all Advances funded as of such date, less any reduction of the
Unfunded Portion made pursuant to Section 2.01 hereof.
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ARTICLE II
LOAN
Section 2.01. Loan.
(a) Agreement to Make Loan. The Bank hereby agrees to extend the Loan to
the Enterprise in the maximum aggregate principal amount of $2,500,000 subject to the terms and
conditions of this Agreement. The Loan shall be evidenced by the 2019 Note, the form of which
is set forth in Exhibit A attached hereto.
(b) Advances. Subject to the terms and conditions of this Agreement, including
without limitation satisfaction of the conditions set forth in Section 2.06 hereof and upon delivery
to the Bank of an Advance Request in the form of Exhibit B hereto, the Bank hereby agrees to
make Advances to the Enterprise from time to time during the Advance Period in the aggregate
original principal amounts not to exceed $2,500,000 with respect to the Loan (as more particularly
defined in Article I hereof, the “Maximum Advance Amount”). On the Advance Termination
Date, the Unfunded Portion shall be reduced to zero and no further Advances will be made
hereunder.
(c) Note. The Loan shall be evidenced by the 2019 Note. On the Closing Date,
the Enterprise shall execute and deliver the 2019 Note payable to the Bank, in substantially the
form set forth in Exhibit A attached hereto. The Enterprise shall maintain a book for the
registration of ownership of the 2019 Note. Upon any transfer of the 2019 Note as provided herein,
such transfer shall be entered on such registration books of the Enterprise.
With respect to each Advance funded by the Bank from time to time hereunder, the
Bank shall maintain, in accordance with its usual practices, records evidencing the indebtedness
resulting from each such Advance and the amounts of principal and interest payable and paid from
time to time hereunder. In any legal action or proceeding in respect of any Advance or the Loan,
the entries made in such records shall be conclusive evidence (absent manifest error) of the
existence and amounts of the obligations therein recorded. The Note shall evidence the obligation
of the Enterprise to pay the Loan and shall evidence the obligation of the Enterprise to pay the
principal amount of each Advance funded by the Bank hereunder, as such amounts are outstanding
from time to time, and accrued interest
(d) Non-Use Fees The Enterprise shall pay to the Bank a nonrefundable fee
(the “Non-Use Fee”), which shall be in the amount of 0.30% of the weighted average balance of
the Unfunded Portion from the Closing Date to the Advance Termination Date. The Non-Use Fee
shall be calculated and paid on the Advance Termination Date.
(e) Application of Loan Proceeds. The Enterprise shall apply the proceeds of
each Advance to pay the costs of the Project.
(f) Special Obligations. All amounts due under this Agreement or the 2019
Note shall be payable and collectible solely out of the Net Pledged Revenues, which revenues are
hereby so pledged which pledge is in all respects subordinate to the pledge and lien thereon of the
Senior Debt at any time outstanding. The Bank may not look to any general or other fund for the
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payment of such amounts; this Agreement and the 2019 Note shall not constitute a debt or
indebtedness within the meaning of any constitutional, charter, or statutory provision or limitation;
and this Agreement and the 2019 Note shall not be considered or held to be general obligations of
the Enterprise or the City but shall constitute special obligations of the Enterprise. No statutory or
constitutional provision enacted after the execution and delivery of this Agreement or the 2019
Note shall in any manner be construed as limiting or impairing the obligation of the Enterprise to
comply with the provisions of this Agreement or the 2019 Note. None of the covenants,
agreements, representations and warranties contained herein or in the 2019 Note shall ever impose
or shall be construed as imposing any liability, obligation or charge against the Enterprise or the
City (except the Net Pledged Revenues and the special funds pledged therefor), or against its
general credit, or as payable out of its general fund or out of any funds derived from taxation or
out of any other revenue source (other than those pledged therefor). The payment of the amounts
due under this Agreement or the 2019 Note is not secured by an encumbrance, mortgage or other
pledge of property of the City or the Enterprise, except for the Net Pledged Revenues. No property
of the City or the Enterprise, subject to such exception, shall be liable to be forfeited or taken in
payment of such amounts.
Section 2.02. Interest Rate; Interest Payments; Principal Payments.
(a) Interest Rate. The unpaid principal balance of the Loan will bear interest
at the Interest Rate. All interest due and payable under this Agreement shall be calculated on the
basis of a 360-day year of twelve 30-day months. Interest payments on the Loan shall be due on
each Interest Payment Date and on the Maturity Date.
(b) Default Interest Rate. Immediately upon the occurrence of an Event of
Default or upon the Maturity Date, interest shall begin to accrue on all principal amounts owing
on the Loan at the Default Interest Rate for so long as such Event of Default continues and remains
uncured or, if after the Maturity Date, for so long as amounts due on the Loan remain unpaid.
(c) Principal Payments. Repayment of principal amounts owing under the
Loan shall occur on each Principal Payment Date.
(d) Prepayment. The Loan may be prepaid, in whole or in part, at the option
of the Enterprise, at a prepayment price equal to the principal amount so prepaid, plus accrued
interest to the prepayment date, with no prepayment fee. Any prepayment under this paragraph
shall only be made after the Enterprise gives two Business Days written notice to the Bank.
(e) Obligations Unconditional. The Enterprise’s obligation to repay the Loan
hereunder and all of its other obligations under this Agreement shall be absolute and unconditional
under any and all circumstances and irrespective of any setoff, counterclaim or defense to payment
which the Enterprise may have against the Bank or any other Person, including, without limitation,
any defense based on the failure of any nonapplication or misapplication of the proceeds of the
Loan hereunder, and irrespective of the legality, validity, regularity or enforceability of all or any
of the Financing Documents, and notwithstanding any amendment or waiver of (other than an
amendment or waiver signed by the Bank explicitly reciting the release or discharge of any such
obligation), or any consent to, or departure from, all or any of the Financing Documents or any
exchange, release, or nonperfection of any collateral securing the obligations of the Enterprise
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hereunder and any other circumstances or happening whatsoever, whether or not similar to any of
the foregoing; provided, however, that nothing contained in this Section 2.02(e) shall abrogate or
otherwise affect the rights of the Enterprise pursuant to Section 8.05 hereof.
(f) Waivers, Etc. To the full extent permitted by law: (i) the Enterprise hereby
waives (A) presentment, demand, notice of demand, protest, notice of protest, notice of dishonor
and notice of nonpayment; (B) to the extent the Bank is not in default hereunder, the right, if any,
to the benefit of, or to direct application of, any security hypothecated to the Bank until all
obligations of the Enterprise to the Bank hereunder, howsoever arising, have been paid; (C) the
right to require the Bank to proceed against the Enterprise hereunder, or against any Person under
any guaranty or similar arrangement, or under any agreement between the Bank and any Person or
to pursue any other remedy in the Bank’s power; and (D) any defense arising out of the election
by the Bank to foreclose on any security by one or more non-judicial or judicial sales; (ii) the Bank
may exercise any other right or remedy, even though any such election operates to impair or
extinguish the Enterprise’s right to repayment from, or any other right or remedy it may have
against, any Person, or any security; and (iii) the Enterprise agrees that the Bank may proceed
against the Enterprise or any Person directly and independently of any other, and that any
forbearance, change of rate of interest, or acceptance, release or substitution of any security,
guaranty, or loan or change of any term or condition thereunder or under any Financing Document
(other than by mutual agreement between the Enterprise and the Bank) shall not in any way affect
the liability of the Enterprise hereunder.
(g) Manner of Payments. All interest, fees, and other payments to be made
hereunder by or on behalf of the Enterprise to the Bank shall be made, and shall not be considered
made until received, in United States dollars in immediately available funds. The Enterprise shall
make each payment hereunder in the manner and at the time necessary so that each such payment
is received by the Bank not later than 12:00 p.m., Colorado time, on the day when due in lawful
money of the United States of America in immediately available funds. Any payment received
after 12:00 p.m., Colorado time, shall be deemed made on the next succeeding Business Day. All
payments made hereunder by or on behalf of the Enterprise to the Bank shall be applied to such
amounts due hereunder and under the Financing Documents in the following order: first, to unpaid
Non-Use Fees, second, to accrued but unpaid interest, third, to principal and, fourth, to any other
amounts due hereunder.
(h) Default Interest Rate; Calculation of Interest and Fees. All interest and
fees due and payable under this Agreement shall be calculated on the basis of a 360-day year of
twelve 30-day months. Any sum due to the Bank and not paid when due and any sum due to the
Bank upon the occurrence or during the continuance of any Event of Default hereunder shall bear
interest at the Default Interest Rate.
(i) Maximum Interest Rate. If the interest due and payable on any obligation
hereunder computed at the applicable rate as provided in Section 2.02 hereof is in excess of 9.5%
(the “Maximum Rate”), the difference between what would have been the interest payable on such
amounts had they accrued interest at the rate provided in Section 2.02 and the Maximum Rate (the
“Interest Differential”) shall remain an obligation of the Enterprise. Notwithstanding anything
herein or in the Financing Documents to the contrary, if at any time there is an Interest Differential
owed to the Bank, any reduction in interest rate that would result from the application of the
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Maximum Rate to the Default Interest Rate, shall not reduce the rate of interest below the
Maximum Rate until the total amount due has been paid to the Bank as if the applicable rate
computed as provided in Section 2.02 hereof had at all times been utilized.
Section 2.03. Costs, Expenses and Taxes. The Enterprise agrees to pay all reasonable
costs and expenses actually incurred by the Bank in connection with (a) the preparation, execution
and delivery of this Agreement or any other documents, including the other Financing Documents,
which may be delivered by any party in connection with this Agreement and the other Financing
Document, and (b) the filing, recording, administration (other than normal, routine administration),
enforcement, transfer, amendment, maintenance, renewal or cancellation of this Agreement and
all amendments or modifications thereto (or supplements hereto), including, without limitation,
the reasonable fees and out-of-pocket expenses of counsel for the Bank and independent public
accountants and other outside experts retained by the Bank in connection with any of the foregoing;
and. In addition, the Enterprise agrees to pay promptly all reasonable costs and expenses of the
Bank, including, without limitation, the actual, reasonable fees and expenses of external counsel,
for (i) any and all amounts which the Bank has paid relative to the Bank’s curing of any Event of
Default under this Agreement or any of the Financing Documents; (ii) the enforcement of this
Agreement or any of the Financing Documents; or (iii) any action or proceeding relating to a court
order, injunction, or other process or decree restraining or seeking to restrain the Bank from paying
any amount hereunder. Without prejudice to the survival of any other agreement of the Enterprise
hereunder, the agreements and obligations contained in this Section 2.03 shall survive the payment
in full of all amounts owing to the Bank hereunder.
Section 2.04. Pledge. The Enterprise hereby pledges, assigns and grants to the Bank a
lien in the Net Pledged Revenues, which is subordinate to the lien which is pledged to secure the
payment of Senior Debt, to secure its obligations to the Bank hereunder and under the other
Financing Documents. The lien of the Bank on the Net Pledged Revenues hereunder shall be
subject to no other liens except those liens granted on the Net Pledged Revenues to any Senior
Debt heretofore or hereafter issued in accordance with the terms hereof and the Subordinate Debt.
The Enterprise represents and warrants that, except for the Senior Debt, the Net Pledged Revenues
is not and shall not be subject to any other lien or encumbrance without the prior written consent
of the Bank except as otherwise permitted pursuant to this Agreement.
Section 2.05. Conditions to Closing. The Closing on the Loan is conditioned upon the
satisfaction of each of the following:
(a) all Financing Documents and other instruments applicable to the Loan are
in form and content satisfactory to the Bank and have been duly executed and delivered in form
and substance satisfactory to the Bank and shall have not been modified, amended or rescinded,
shall be in full force and effect on and as of the Closing Date and executed original or certified
copies of each thereof shall have been delivered to the Bank;
(b) the Bank has received a certified copy of the Authorizing Ordinance of the
Enterprise, which shall be in form and content satisfactory to the Bank and authorize the Enterprise
to finance the Project, obtain the Loan and perform all acts contemplated by this Agreement and
all other Financing Documents; and a certified copy of all other ordinances, resolutions and
proceedings taken by the Enterprise authorizing the Enterprise to finance the Project, obtain the
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Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
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Loan and the execution, delivery and performance of this Agreement and the other Financing
Documents and the transactions contemplated hereunder and thereunder, together with such other
certifications as to the specimen signatures of the officers of the Enterprise authorized to sign this
Agreement and the other Financing Documents to be delivered by the Enterprise hereunder and as
to other matters of fact as shall reasonably be requested by the Bank;
(c) the Enterprise has provided a certificate certifying that on the Closing Date
each representation and warranty on the part of the Enterprise contained in this Agreement and in
any other Financing Document is true and correct and no Event of Default, or event which would,
with the passage of time or the giving of notice, constitute an Event of Default, has occurred and
is continuing and no default exists under any other Financing Documents, or under any other
agreements by and between the Enterprise and the Bank and certifying as to such other matters as
the Bank might reasonably request;
(d) the Enterprise has provided a certificate certifying that the only Senior Debt
outstanding as of the Closing Date is the 2018A Bonds and the 2018B Bonds and that no Parity
Debt is outstanding as of the Closing Date;
(e) the Bank shall have received the opinion of Butler Snow LLP to the effect
that (i) the obligation of the Enterprise to pay the principal of and interest on the Loan constitutes
a valid and binding special obligation of the Enterprise payable solely from the Net Pledged
Revenues with a lien on the Net Pledged Revenues which is subordinate to the lien thereon of the
Senior Debt, and (ii) this Agreement and the Note are valid and binding obligations of the
Enterprise, enforceable against the Enterprise in accordance with their respective terms, except as
such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, and
other similar laws affecting creditors’ rights generally, and by equitable principles, whether
considered at law or in equity;
(f) all proceedings taken in connection with the transactions contemplated by
this Agreement, and all instruments, authorizations and other documents applicable thereto, are
satisfactory to the Bank and its counsel;
(g) no law, regulation, ruling or other action of the United States, the State of
Colorado or any political subdivision or authority therein or thereof shall be in effect or shall have
occurred, the effect of which would be to prevent the Enterprise from fulfilling its obligations
under this Agreement or the other Financing Documents;
(h) all Bank counsel fees and any other fees and expenses due and payable in
connection with the execution and delivery of this Agreement shall have been paid by the
Enterprise upon execution and delivery of this Agreement;
(i) the Bank shall have been provided with the opportunity to review all
pertinent financial information regarding the Enterprise, agreements, documents, and any other
material information relating to the Enterprise or the Net Pledged Revenues or any other
component of the collateral securing the obligations of the Enterprise hereunder;
(j) all information provided by the Enterprise to the Bank is accurate in all
respects;
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Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
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(k) the Bank shall have received such other certificates, approvals, filings,
opinions and documents as shall be reasonably requested by the Bank;
(l) all other legal matters pertaining to the execution and delivery of this
Agreement and the other Financing Documents shall be reasonably satisfactory to the Bank.
Section 2.06. Procedure for Requesting and Funding Advances.
(a) Conditions to Funding Advances. No Advance shall be requested by the
Enterprise and the Bank shall have no obligation to honor an Advance Request except in
accordance with the provisions and upon fulfillment of the terms and conditions set forth in this
Agreement. The funding by the Bank of each Advance is conditioned upon the satisfaction of
each of the following, each of which shall be satisfactory in all respects to the Bank:
(i) Advance Frequency. Advance Requests may only be made during
the Advance Period and shall be submitted to the Bank no more than once in any calendar month,
unless permitted more frequently by the Bank. Advances shall be made in amounts of $75,000 or
more.
(ii) Representations and Warranties True; No Default. At the time any
Advance is to be made and as a result thereof, immediately thereafter, all representations and
warranties of the Enterprise set forth in Article IV are true and correct as though made on the date
of such Advance Request and on the date when such Advance is funded and no Event of Default
hereunder has occurred and is continuing and no litigation is then pending or threatened concerning
the Enterprise’s authority to pledge the Net Pledged Revenues as provided herein, and the
Enterprise shall deliver an executed certificate of an Authorized Person to such effect in connection
with each Advance in substantially the form of Exhibit B.
(iii) Payments Current. The Enterprise shall be current on all of its
obligations hereunder.
(iv) Advance Request. The Bank shall have received an Advance
Request from the Enterprise, the form of which is attached hereto as Exhibit B (each, an “Advance
Request”), signed by the Authorized Person of the Enterprise and containing the calculation of the
amount of such Advance requested by the Enterprise.
(v) Amount of Advance. The amount of the requested Advance, when
combined with the sum of all prior Advances made hereunder shall not exceed the Maximum
Advance Amount for the Loan. From each Advance the Bank will transfer amounts as specified
in each Advance Request.
(vi) Material Adverse Changes. Since December 31, 2018, there has
been no change in the business, property, prospects, condition (financial or otherwise) or results
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of operations of the Enterprise which could reasonably be expected to have a Material Adverse
Effect.
(vii) Other Conditions Precedent to Funding Each Advance. No
Advance shall be requested or made after the Advance Termination Date.
(b) Funding of Advances. Provided that the conditions set forth in Section
2.06(a) above are satisfied, within 2 days of receipt by the Bank of an Advance Request signed by
the Authorized Person, the Bank shall provide the amount of such Advance to the Enterprise at
such depository as the Enterprise may direct.
Section 2.07. Conversion to Term Loan. Provided that (i) no Event of Default shall
have occurred and be continuing (ii) all representations and certifications and agreements herein
are then true and correct, and (iii) the outstanding Senior Debt is rated in one of its four highest
rating categories by a national recognized organization which regularly rates obligations such as
the Senior Debt, the Enterprise may elect to convert all or a portion of the outstanding Advances
on or before the Advance Loan Maturity Date to one or more term loans, but not more than four
term loans (each a “Term Loan”) that shall be payable in full by no later than the 8th anniversary
of the Advance Loan Maturity Date. Such election shall be exercised by the Enterprise delivering
to the Bank a Conversion Notice, appropriately completed and signed by an Authorized Person, at
least three (3) Business Days prior to the Maturity Date. Each Term Loan shall be a fully
amortizing loan in approximately equal installments of principal and interest and shall mature on
the Term Loan Maturity Date specified in the Conversion Notice, which date shall be either the
3rd anniversary of the Advance Loan Maturity Date or the 8th anniversary of the Advance Loan
Maturity Date. Principal and interest on each Term Loan shall be payable on each Interest Payment
Date. The Interest Rate on a Term Loan shall be a fixed rate determined on the date an Advance
converts to a Term Loan and shall equal the Cost of Funds plus 1.65% for a Term Loan which
matures on the 3rd anniversary of the Advance Loan Maturity Date or the Cost of Funds plus
1.85% for a Term Loan which matures on the 8th anniversary of the Advance Loan Maturity Date.
The Enterprise and the Bank agree that the aggregate principal amount of all Advances which is
converted to a Term Loan shall be divided approximately equally between Term Loans which
mature on the 3rd anniversary of the Advance Loan Maturity Date and Term Loans which mature
on the 8th anniversary of the Advance Loan Maturity Date
ARTICLE III
FUNDS AND ACCOUNTS
Section 3.01. Light and Power Fund. So long as this Agreement is in effect, the entire
Gross Pledged Revenues, upon their receipt from time to time by the Enterprise, shall be set aside
and credited immediately to the Light and Power Fund. In each month, after making in full all
deposits or payments required in connection with the Senior Debt, the Enterprise shall pay to the
Bank from the Net Pledged Revenues remaining in the Light and Power Fund, the amounts due
under this Agreement and the Note.
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Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
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ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF THE ENTERPRISE
While any obligations hereunder or under any of the other Financing Documents are unpaid
or outstanding, the Enterprise continuously represents and warrants to the Bank as follows:
Section 4.01. Due Organization. The Enterprise is an enterprise of the City duly
organized and validly existing under Charter and Enterprise Ordinances.
Section 4.02. Power and Authorization. The Enterprise has all requisite power and
authority to own and convey its properties and to carry on its business as now conducted and as
contemplated to be conducted under the Financing Documents; to execute, deliver and to perform
its obligations under this Agreement and the other Financing Documents; and to cause the
execution, delivery and performance of the Financing Documents.
Section 4.03. No Legal Bar. To the best of the Enterprise’s knowledge, the Enterprise is
not in violation of any of the provisions of the laws of the State of Colorado or the United States
of America or any of the provisions of any order of any court of the State of Colorado or the United
States of America which would affect its existence, or its powers referred to in the preceding
Section 4.02. The execution, delivery and performance by the Enterprise of this Agreement and
of the other Financing Documents (a) will not violate any provision of any applicable law or
regulation or of any order, writ, judgment or decree of any court, arbitrator or governmental
authority; (b) will not violate any provisions of any document constituting, regulating or otherwise
affecting the operations or activities of the Enterprise; and (c) will not violate any provision of,
constitute a default under, or result in the creation, imposition or foreclosure of any lien, mortgage,
pledge, charge, security interest or encumbrance of any kind other than liens created or imposed
by the Financing Documents, on any of the revenues or other assets of the Enterprise which could
have a material adverse effect on the assets, financial condition, business or operations of the
Enterprise, on the Enterprise’s power to cause the Financing Documents to be executed and
delivered, or its ability to pay in full in a timely fashion the obligations of the Enterprise under this
Agreement or the other Financing Documents.
Section 4.04. Consents. The Enterprise has obtained all consents, permits, licenses and
approvals of, and has made all registrations and declarations with any governmental authority or
regulatory body required for the execution, delivery and performance by the Enterprise of this
Agreement and the other Financing Documents.
Section 4.05. Litigation. Except as disclosed in writing to the Bank, there is no action,
suit, inquiry or investigation or proceeding to which the Enterprise is a party, at law or in equity,
before or by any court, arbitrator, governmental or other board, body or official which is pending
or, to the best knowledge of the Enterprise, threatened in connection with any of the transactions
contemplated by this Agreement or the Financing Documents or against or affecting the assets of
the Enterprise, nor, to the best knowledge of the Enterprise, is there any basis therefor, wherein an
unfavorable decision, ruling or finding (a) would adversely affect the validity or enforceability of,
or the authority or ability of the Enterprise to perform its obligations under, the Financing
Documents; or (b) would, in the reasonable opinion of the Enterprise, have a materially adverse
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effect on the ability of the Enterprise to conduct its business as presently conducted or as proposed
or contemplated to be conducted.
Section 4.06. Enforceability. This Agreement and each other Financing Document
constitutes the legal, valid and binding special obligation of the Enterprise, enforceable against the
Enterprise in accordance with its terms (except as such enforceability may be limited by
bankruptcy, moratorium or other similar laws affecting creditors’ rights generally and provided
that the application of equitable remedies is subject to the application of equitable principles).
Section 4.07. Changes in Law. To the best knowledge of the Enterprise, there is not
pending any change of law which, if enacted or adopted could have a material adverse effect on
the assets, financial condition, business or operations of the Enterprise, on the Enterprise’s power
to enter into this Agreement or the other Financing Documents or its ability to pay in full in a
timely fashion the obligations of the Enterprise under this Agreement or the other Financing
Documents.
Section 4.08. Financial Information and Statements. The financial statements and
other information previously provided to the Bank or provided to the Bank in the future are or will
be complete and accurate and prepared in accordance with generally accepted accounting
principles. There has been no material adverse change in the Enterprise’s financial condition since
such information was provided to the Bank.
Section 4.09. Accuracy of Information. All information, certificates or statements given
to the Bank pursuant to this Agreement and the other Financing Documents will be true and
complete when given.
Section 4.10. Financing Documents. Each representation and warranty of the Enterprise
contained in any Financing Document is true and correct as of the Closing Date.
Section 4.11. Regulations U and X. The Enterprise is not engaged in the business of
extending credit for the purpose of purchasing or carrying margin stock (within the meaning of
Regulation U or X issued by the Board of Governors of the Federal Reserve System); and no
proceeds of the Loan will be or have been used to extend credit to others for the purpose of
purchasing or carrying any margin stock.
Section 4.12. Default, Etc. The Enterprise is not in default in the performance,
observance, or fulfillment of any of the obligations, covenants or conditions contained in any
Financing Document or other ordinance, resolution, agreement or instrument to which it is a party
which would have a material adverse effect on the ability of the Enterprise to perform its
obligations hereunder or under the other Financing Documents, or which would affect the
enforceability hereof or thereof.
Section 4.13. Sovereign Immunity. The Enterprise represents that, under Section 24-10-
106, C.R.S., its governmental immunity is limited to claims for injury which lie in tort or could lie
in tort. Under existing law, the Enterprise is not entitled to raise the defense of sovereign immunity
in connection with any legal proceedings to enforce its contractual obligations under the Financing
Documents, or the transactions contemplated hereby or thereby including, without limitation, the
payment of the principal of and interest on the Note.
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Section 4.14. No Filings. No filings, recordings, registrations or other actions are
necessary to create and perfect the pledges provided for herein; all obligations of the Enterprise
hereunder are secured by the lien and pledge provided for herein; and the liens and pledges
provided for herein constitute valid prior liens subject to no other liens.
Section 4.15. Outstanding Debt. Upon the execution and delivery of this Agreement,
except for the Financing Documents and the 2018A Bonds and 2018B Bonds, the Enterprise will
have no other Debt outstanding payable from or secured by the Net Pledged Revenues or any
portion thereof. The Enterprise represents and warrants that it will incur additional Debt only in
accordance with the provisions of Section 5.23 of this Agreement.
ARTICLE V
COVENANTS OF THE ENTERPRISE
While any obligations hereunder or under any of the other Financing Documents are unpaid
or outstanding, the Enterprise continuously warrants and agrees as follows:
Section 5.01. Performance of Covenants, Authority. The Enterprise covenants that it
will faithfully perform and observe at all times any and all covenants, undertakings, stipulations,
and provisions contained in the Authorizing Ordinance, this Agreement, the Note, the other
Financing Documents and all its proceedings pertaining thereto as though such covenants,
undertakings, stipulations, and provisions were set forth in full herein (for the purpose of this
provision the Financing Documents shall be deemed to continue in full force and effect
notwithstanding any earlier termination thereof so long as any obligation of the Enterprise under
this Agreement shall be unpaid or unperformed). The Enterprise covenants that it is duly
authorized under the constitution and laws of the State of Colorado, including, particularly and
without limitation, the Charter and the Enterprise Ordinances, to obtain the Loan and to execute
and deliver the Note, this Agreement, and the other Financing Documents, and that all action on
its part for the execution and delivery of the Note, this Agreement, and the other Financing
Documents has been duly and effectively taken and will be duly taken as provided herein, and that
the Loan, the Note, this Agreement, and the other Financing Documents are and will be valid and
enforceable obligations of the Enterprise according to the terms hereof and thereof.
Section 5.02. Contractual Obligations. The Enterprise shall perform all contractual
obligations undertaken by it under any agreements relating to the Loan, the Gross Pledged
Revenues, the Project, or the System, or any combination thereof.
Section 5.03. Further Assurances. At any and all times the Enterprise shall, so far as it
may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and
every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents
and assurances as may be reasonably necessary or desirable for better assuring, conveying,
granting, assigning and confirming all and singular the rights, the Net Pledged Revenues and other
moneys and accounts hereby pledged or assigned, or intended so to be, or which the Enterprise
may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry
out the purposes of this Agreement and to comply with any instrument of the Enterprise
amendatory thereof, or supplemental thereto. The Enterprise, acting by and through its officers,
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or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the
pledge of the Net Pledged Revenues and other moneys and accounts pledged hereunder and all the
rights of the Bank hereunder against all claims and demands of all Persons whomsoever.
Section 5.04. Conditions Precedent. Upon the date of the execution and delivery of this
Agreement, all conditions, acts and things required by the Federal or State Constitution, the
Charter, the Supplemental Act, the Enterprise Ordinances, or any other applicable law to exist, to
have happened and to have been performed precedent to the execution and delivery of this
Agreement shall exist, have happened, and have been performed; and the Bonds, together with all
other obligations of the Enterprise, shall not contravene any debt or other limitation prescribed by
the State Constitution.
Section 5.05. Rules, Regulations and Other Details. The Enterprise shall observe and
perform all of the terms and conditions contained in this Agreement, and shall comply with all
valid acts, rules, regulations, orders and directions of any legislative, executive, administrative or
judicial body applicable to the System, the Enterprise, except for any period during which the same
are being contested in good faith by proper legal proceedings.
Section 5.06. Payment of Governmental Charges. The Enterprise shall pay or cause to
be paid all taxes and assessments or other governmental charges, if any, lawfully levied or assessed
upon or in respect of the System, or upon any part thereof, or upon any portion of the Gross Pledged
Revenues, when the same shall become due, and shall duly observe and comply with all valid
requirements of any governmental authority relative to the System or any part thereof, except for
any period during which the same are being contested in good faith by proper legal proceedings.
The Enterprise shall not create or suffer to be created any lien upon the System, or any part thereof,
or upon the Gross Pledged Revenues, except the pledge and lien created by for Senior Debt and
Parity Debt and except as herein otherwise permitted. The Enterprise shall pay or cause to be
discharged or shall make adequate provision to satisfy and to discharge, within 60 days after the
same shall become payable, all lawful claims and demands for labor, materials, supplies or other
objects which, if unpaid, might by law become a lien upon the System, or any part thereof, or the
Gross Pledged Revenues; but nothing herein requires the Enterprise to pay or cause to be
discharged or to make provision for any such tax, assessment, lien or charge, so long as the validity
thereof is contested in good faith and by appropriate legal proceedings.
Section 5.07. Protection of Security. The Enterprise and its officers, agents and
employees shall not take any action in such manner or to such extent as might prejudice the security
for the payment of the amounts due under this Agreement or the Note. No contract shall be entered
into nor any other action taken by which the rights of the Bank might be prejudicially and
materially impaired or diminished.
Section 5.08. Prompt Payment . The Enterprise shall promptly pay the amounts due
under this Agreement or the Note at the places, on the dates and in the manner specified herein
and in the Agreement or the Note according to the true intent and meaning hereof.
Section 5.09. Use of Funds and Accounts. The funds and accounts described herein
shall be used solely and only for the purposes described herein.
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Section 5.10. Other Liens. Other than the 2018A Bonds and 2018B Bonds, there are no
liens or encumbrances of any nature whatsoever on or against the System, or any part thereof, or
on or against the Net Pledged Revenues on a parity with or superior to the lien thereon of this
Agreement and the Note.
Section 5.11. Reasonable and Adequate Charges. The fees, rates and other charges due
to the Enterprise for the use of or otherwise pertaining to and services rendered by the System to
the Enterprise, to its inhabitants and to all other users within and without the boundaries of the
Enterprise shall be reasonable and just, taking into account and consideration public interests and
needs, the cost and value of the System, the Operation and Maintenance Expenses thereof, and the
amounts necessary to meet the debt service requirements of all Senior Debt, Parity Debt, and any
other securities payable from the Net Pledged Revenues, including, without limitation, reserves
and any replacement accounts therefor.
Section 5.12. Adequacy and Applicability of Charges. There shall be charged against
users of service pertaining to and users of the System, except as provided by Section 5.13 hereof,
such fees, rates and other charges so that the Gross Pledged Revenues shall be adequate to meet
the requirements of this Section. Such charges pertaining to the System shall be at least sufficient
so that the Gross Pledged Revenues annually are sufficient to pay in each Fiscal Year:
(a) Operation and Maintenance Expenses. amount equal to the annual
Operation and Maintenance Expenses for such Fiscal Year that are payable from the Gross Pledged
Revenues
(b) Principal and Interest An amount equal to 125% of the debt service
requirements on the Senior Debt and any Parity Debt then outstanding in that Fiscal Year
(excluding the reserves therefor), and
(c) Deficiencies. All sums, if any, due and owing to meet then existing
deficiencies pertaining to any fund or account relating to the Gross Pledged Revenues or any
securities payable therefrom.
Section 5.13. Limitations Upon Free Service. No free service or facilities shall be
furnished by the System, except that the City shall not be required to pay for any use by the City
of any facilities of the System for municipal purposes. If the City chooses, in its sole discretion,
to pay for its use of the System, all the income so derived from the City shall be deemed to be
income derived from the operation of the System, to be used and to be accounted for in the same
manner as any other income derived from the operation of the System.
Section 5.14. Collection of Charges. The Enterprise shall cause all fees, rates and other
charges pertaining to the System to be collected as soon as is reasonable, shall reasonably prescribe
and enforce rules and regulations or impose contractual obligations for the payment of such
charges, and for the use of the System, and shall provide methods of collection and penalties, to
the end that the Gross Pledged Revenues shall be adequate to meet the requirements of this
Agreement and the Note
Section 5.15. Maintenance of Records. Proper books of record and account shall be kept
by the Enterprise, separate and apart from all other records and accounts.
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Section 5.16. Accounting Principles. System records and accounts, and audits thereof,
shall be currently kept and made, as nearly as practicable, in accordance with the then generally
accepted accounting principles, methods and terminology followed and construed for utility
operations comparable to the System, except as may be otherwise provided herein or required by
applicable law or regulation or by contractual obligation existing on the execution and delivery of
this Agreement.
Section 5.17. Laws, Permits and Obligations. The Enterprise will comply in all
material respects with all applicable laws, rules, regulations, orders and directions of any
governmental authority and all agreements and obligations binding on the Enterprise,
noncompliance with which would have a material adverse effect on the Enterprise, its financial
condition, assets or ability to perform its obligations under the other Financing Documents;
provided that the Enterprise may in good faith contest such laws, rules, regulations, orders and
directions and the applicability thereof to the Enterprise to the extent that such action would not
be likely to have a material adverse effect on the Enterprise’s ability to perform its obligations
hereunder.
Section 5.18. Bonding and Insurance. The Enterprise shall carry general liability
coverage, workers’ compensation, public liability, and such other forms of insurance on insurable
Enterprise property upon the terms and conditions, and issued by recognized insurance companies,
as in the judgment of the Enterprise would ordinarily be carried by entities having similar
properties of equal value, such insurance being in such amounts as will protect the Enterprise and
its operations.
Section 5.19. Other Liabilities. The Enterprise shall pay and discharge, when due, all of
its liabilities, except when the payment thereof is being contested in good faith by appropriate
procedures which will avoid financial liability and with adequate reserves provided therefor.
Section 5.20. Proper Books and Records. The Enterprise shall keep or cause to be kept
adequate and proper records and books of account in which complete and correct entries shall be
made with respect to the Enterprise, the Net Pledged Revenues and all of the funds and accounts
established or maintained pursuant to any of the Financing Documents. The Enterprise shall (a)
maintain accounting records in accordance with generally recognized and accepted principles of
accounting consistently applied throughout the accounting periods involved; (b) provide the Bank
with such information concerning the business affairs and financial condition (including insurance
coverage) of Enterprise as the Bank may request; and (c) without request, provide the Bank with
the information set forth below.
Section 5.21. Reporting Requirements.
(a) The Enterprise shall notify the Bank promptly of all interim litigation or
administrative proceedings, threatened or pending, against the Enterprise which would, if
adversely determined, in the Enterprise’s reasonable opinion, have a material effect on the
Enterprise’s financial condition arising after the date hereof.
(b) The Enterprise shall provide the following to the Bank at the times and in
the manner provided below:
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(i) as soon as available, but not later than 210 days following the end
of each Fiscal Year, the Enterprise shall furnish to the Bank its audited financial statements
prepared in accordance with generally accepted accounting principles consistently applied, in
reasonable detail and certified by a firm of independent certified public accountants selected by
the Enterprise; and
(ii) promptly upon request of the Bank, the Enterprise shall furnish to
the Bank such other reports or information regarding the collateral securing the obligations of the
Enterprise hereunder or the assets, financial condition, business or operations of the Enterprise, as
the Bank may reasonably request.
(c) The Enterprise shall promptly notify the Bank of any Event of Default of
which the Enterprise has knowledge, setting forth the details of such Event of Default and any
action which the Enterprise proposes to take with respect thereto.
(d) The Enterprise shall notify the Bank as soon as possible after the Enterprise
acquires knowledge of the occurrence of any event which, in the reasonable judgment of the
Enterprise, is likely to have a material adverse effect on the financial condition of the Enterprise
or affect the ability of the Enterprise to perform its obligations under this Agreement or under any
other Financing Documents.
Section 5.22. Visitation and Examination. Unless otherwise prohibited by law, the
Enterprise will permit any Person designated by the Bank to visit any of its offices to examine the
Enterprise’s books and financial records, and make copies thereof or extracts therefrom, and to
discuss its affairs, finances and accounts with its principal officers, all at such reasonable times
and as often as the Bank may reasonably request.
Section 5.23. Additional Debt. The Enterprise may issue Debt with a lien on the Net
Pledged Revenues that is on a parity with or subordinate to the lien of this Agreement, without the
Bank’s prior written consent. The Enterprise may issue Debt with a lien on the Net Pledged
Revenues that is senior to the lien of this Agreement, without the Bank’s prior written consent, if
such Debt is issued pursuant to the provisions of the 2018 Bond Ordinance.
ARTICLE VI
INVESTMENTS
Section 6.01. Permitted Investments Only. All moneys held in the Light and Power
Fund shall be invested in Permitted Investments only.
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.01. Events of Default. The occurrence of any one or more of the following
events or the existence of any one or more of the following conditions shall constitute an Event of
Default under this Agreement (whatever the reason for such event or condition and whether it shall
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be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree,
rule, regulation or order of any court or any administrative or governmental body):
(a) the Enterprise fails to pay the principal of or interest on the Note or any
Parity Debt when due;
(b) the Enterprise fails to pay when due any other amounts due and payable to
the Bank under this Agreement or any other Financing Documents;
(c) the Enterprise fails to observe or perform any other of the covenants,
agreements or conditions on the part of the Enterprise in this Agreement, the Note, or the
Authorizing Ordinance and the Enterprise fails to remedy the same within 30 days after the Bank
has provided the Enterprise with notice thereof;
(d) any representation or warranty made by the Enterprise in this Agreement or
in any other Financing Document or any certificate, instrument, financial or other statement
furnished by the Enterprise to the Bank, proves to have been untrue or incomplete in any material
respect when made or deemed made;
(e) the pledge of the collateral or any other security interest created hereunder
fails to be fully enforceable with the priority required hereunder or thereunder;
(f) any judgment or court order for the payment of money exceeding any
applicable insurance coverage by more than $100,000 in the aggregate is rendered against the
Enterprise and the Enterprise fails to vacate, bond, stay, contest, pay or satisfy such judgment or
court order for 60 days;
(g) the Enterprise shall initiate, acquiesce or consent to any proceedings to
dissolve the Enterprise or to consolidate the Enterprise with other similar entities into a single
entity or the Enterprise shall otherwise cease to exist;
(h) a change occurs in the financial or operating conditions of the Enterprise,
or the occurrence of any other event that, in the Bank’s reasonable judgment, will have a materially
adverse impact on the ability of the Enterprise to generate Net Pledged Revenues sufficient to
satisfy the Enterprise’s obligations under this Agreement or its other obligations, and the
Enterprise fails to cure such condition within six months after receipt by the Enterprise of written
notice thereof from the Bank;
(i) the Enterprise shall commence any case, proceeding or other action (A)
under any existing or future law of any jurisdiction relating to bankruptcy, insolvency,
reorganization or relief of debtors, seeking to have an order for relief entered with respect to it or
seeking to adjudicate it insolvent or a bankrupt or seeking reorganization, arrangement,
adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or
its debts; or (B) seeking appointment of a receiver, trustee, custodian or other similar official for
itself or for any substantial part of its property, or the Enterprise shall make a general assignment
for the benefit of its creditors; or (ii) there shall be commenced against the Enterprise any case,
proceeding or other action of a nature referred to in clause (i) and the same shall remain
undismissed; or (iii) there shall be commenced against the Enterprise any case, proceeding or other
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action seeking issuance of a warrant of attachment, execution, distraint or similar process against
all or any substantial part of its property which results in the entry of an order for any such relief
which shall not have been vacated, discharged, or stayed or bonded pending appeal, within 60 days
from the entry thereof; (iv) the Enterprise shall take action in furtherance of, or indicating its
consent to, approval of, or acquiescence in, any of the acts set forth in clause (i), (ii) or (iii) above;
or (v) the Enterprise shall generally not, or shall be unable to, or shall admit in writing its inability
to, pay its debts as they become due;
(j) this Agreement or any other Financing Document, or any material provision
hereof or thereof, (i) ceases to be valid and binding on the Enterprise or is declared null and void,
or the validity or enforceability thereof is contested by the Enterprise (unless being contested by
the Enterprise in good faith), or the Enterprise denies it has any or further liability under any such
document to which it is a party; or (ii) any pledge or security interest created fails to be fully
enforceable with the priority required hereunder or thereunder; and
(k) the Enterprise’s auditor delivers a qualified opinion with respect to the
Enterprise’s status as an on-going concern.
Section 7.02. Remedies. Upon the occurrence and during the continuance of any Event
of Default, the Loan shall bear interest at the Default Interest Rate. Upon the occurrence and
during the continuance of any Event of Default, the Bank, at its option, may take any action or
remedy available under the other Financing Documents or any other document, or at law or in
equity. Notwithstanding anything to the contrary herein, acceleration of the Loan shall not be an
available remedy for the occurrence or continuance of an Event of Default. In exercising any
remedy hereunder, the Bank shall give notice to all Notice Parties.
Section 7.03. Notice to Bank of Default. Notwithstanding any cure period described
above, the Enterprise will immediately notify the Bank in writing when the Enterprise obtains
knowledge of the occurrence of any Event of Default or any event which would, with the passage
of time or the giving of notice, constitute an Event of Default.
Section 7.04. Additional Bank Rights. Upon the occurrence of an Event of Default the
Bank may at any time take such other steps to protect or preserve the Bank’s interest in the Net
Pledged Revenues.
Section 7.05. Delay or Omission No Waiver. No delay or omission of the Bank to
exercise any right or power accruing upon any default shall exhaust or impair any such right or
power or shall be construed to be a waiver of any such default, or acquiescence therein; and every
power and remedy given by this Agreement may be exercised from time to time and as often as
may be deemed expedient.
Section 7.06. No Waiver of One Default to Affect Another; All Remedies
Cumulative. No waiver of any Event of Default hereunder shall extend to or affect any subsequent
or any other then existing Event of Default or shall impair any rights or remedies consequent
thereon. All rights and remedies of the Bank provided herein shall be cumulative and the exercise
of any such right or remedy shall not affect or impair the exercise of any other right or remedy.
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Section 7.07. Other Remedies. Nothing in this Article VII is intended to restrict the
Bank’s rights under any of the Financing Documents or at law or in equity, and the Bank may
exercise all such rights and remedies as and when they are available.
ARTICLE VIII
MISCELLANEOUS
Section 8.01. Loan Agreement and Relationship to Other Documents. The
warranties, covenants and other obligations of the Enterprise (and the rights and remedies of the
Bank) that are outlined in this Agreement and the other Financing Documents are intended to
supplement each other. In the event of any inconsistencies in any of the terms in the Financing
Documents, all terms will be cumulative so as to give the Bank the most favorable rights set forth
in the conflicting documents, except that if there is a direct conflict between any preprinted terms
and specifically negotiated terms (whether included in an addendum or otherwise), the specifically
negotiated terms will control.
Section 8.02. Assignments, Participations, etc. by the Bank. The Bank may not assign
or transfer this Agreement or the Note or participate any of the Bank’s interests in the Agreement
or the Note without the Enterprise’s prior written consent. Any such assignment without the
Enterprise’s prior written consent shall be deemed null and void and of no effect.
Section 8.03. Notices. Notices shall be deemed delivered when the notice has been (a)
deposited in the United States Mail, postage pre-paid; (b) received by overnight delivery service;
(c) received by Electronic Notification; or (d) when personally delivered at the following addresses
(the “Notice Parties”): Notice of any record shall be deemed delivered when the record has been
(a) deposited in the United States Mail, postage pre-paid; (b) received by overnight delivery
service; (c) received by Electronic Notification; or (d) when personally delivered at the following
addresses (the “Notice Parties”):
to Enterprise: City of Fort Collins, Colorado, Electric Utility Enterprise
____________
____________
to Bank: U.S. Bank National Association
_____________
_____________
Section 8.04. Payments. Payments due on the Loan shall be made in lawful money of
the United States. All payments may be applied by the Bank to principal, interest and other
amounts due under the Note and this Agreement pursuant to the terms of this Agreement.
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Section 8.05. Applicable Law and Jurisdiction; Interpretation; Severability. This
Agreement and all other Financing Documents will be governed by and interpreted in accordance
with the internal laws of the State of Colorado, except to the extent superseded by Federal law.
Invalidity of any provisions of this Agreement will not affect any other provision. TO THE
EXTENT PERMITTED BY LAW, THE ENTERPRISE AND THE BANK HEREBY CONSENT
TO THE EXCLUSIVE JURISDICTION OF ANY STATE COURT SITUATED IN LARIMER
COUNTY, COLORADO, AND WAIVE ANY OBJECTIONS BASED ON FORUM NON
CONVENIENS, WITH REGARD TO ANY ACTIONS, CLAIMS, DISPUTES OR
PROCEEDINGS RELATING TO THIS AGREEMENT, THE NOTE, THE NET PLEDGED
REVENUES, ANY OTHER FINANCING DOCUMENT, OR ANY TRANSACTIONS
ARISING THEREFROM, OR ENFORCEMENT AND/OR INTERPRETATION OF ANY OF
THE FOREGOING. Nothing in this Agreement will affect the Bank’s rights to serve process in
any manner permitted by law. This Agreement, the other Financing Documents and any
amendments hereto (regardless of when executed) will be deemed effective and accepted only at
the Bank’s offices, and only upon the Bank’s receipt of the executed originals thereof. Invalidity
of any provision of this Agreement shall not affect the validity of any other provision.
Section 8.06. Copies; Entire Agreement; Modification. The Enterprise hereby
acknowledges the receipt of a copy of this Agreement and all other Financing Documents.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT
SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING,
EXPRESSING CONSIDERATION AND SIGNED BY THE PARTIES ARE ENFORCEABLE.
NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN
CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS AGREEMENT MAY
ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE SHALL
ALSO BE EFFECTIVE WITH RESPECT TO ALL OTHER CREDIT AGREEMENTS NOW IN
EFFECT BETWEEN THE ENTERPRISE AND THE BANK. A MODIFICATION OF ANY
OTHER CREDIT AGREEMENT NOW IN EFFECT BETWEEN THE ENTERPRISE AND THE
BANK, WHICH OCCURS AFTER RECEIPT BY THE ENTERPRISE OF THIS NOTICE, MAY
BE MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAL OR IMPLIED
MODIFICATIONS TO ANY SUCH CREDIT AGREEMENT IS NOT ENFORCEABLE AND
SHOULD NOT BE RELIED UPON.
Section 8.07. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, THE
ENTERPRISE AND THE BANK HEREBY JOINTLY AND SEVERALLY WAIVE ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO ANY
OF THE FINANCING DOCUMENTS, THE OBLIGATIONS THEREUNDER, ANY
COLLATERAL SECURING THE OBLIGATIONS, OR ANY TRANSACTION ARISING
THEREFROM OR CONNECTED THERETO. THE ENTERPRISE AND THE BANK EACH
REPRESENTS TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND
VOLUNTARILY GIVEN.
Section 8.08. Attachments. All documents attached hereto, including any appendices,
schedules, riders and exhibits to this Agreement, are hereby expressly incorporated by reference.
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Section 8.09. No Recourse Against Officers and Agents. Pursuant to Section
11-57-209 of the Supplemental Public Securities Act, if a member of the Board, or any officer or
agent of the Enterprise, acts in good faith in the performance of his duties as a member, officer, or
agent of the Board or the Enterprise and in no other capacity, no civil recourse shall be available
against such member, officer or agent for payment of the principal of and interest on the Loan.
Such recourse shall not be available either directly or indirectly through the Board or the
Enterprise, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement
of penalty, or otherwise. By the acceptance of the delivery of the Note evidencing the Loan and
as a part of the consideration for such transfer, the Bank and any Person purchasing or accepting
the transfer of the obligation representing the Loan specifically waives any such recourse.
Section 8.10. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental
Public Securities Act, this Agreement is entered into pursuant to certain provisions of the
Supplemental Public Securities Act. Such recital shall be conclusive evidence of the validity and
the regularity of the issuance of this Agreement after delivery for value.
Section 8.11. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental
Public Securities Act, no legal or equitable action brought with respect to any legislative acts or
proceedings in connection with the authorization or issuance of the Loan shall be commenced
more than 30 days after the authorization of the Loan.
Section 8.12. Pledge of Revenues. The creation, perfection, enforcement, and priority of
the pledge of revenues to secure or pay the Loan provided herein shall be governed by Section
11-57-208 of the Supplemental Public Securities Act, this Agreement, the Note, and the
Authorizing Ordinance. The amounts pledged to the payment of the Loan shall immediately be
subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of
such pledge shall have a first priority. The lien of such pledge shall be valid, binding, and
enforceable as against all Persons having claims of any kind in tort, contract, or otherwise against
the Enterprise irrespective of whether such Persons have notice of such liens.
Section 8.13. No Liability. The Bank, including its agents, employees, officers, directors
and controlling Persons, shall not have any liability to the Enterprise, and the Enterprise assumes
all risk, responsibility and liability for (a) the form, sufficiency, correctness, validity, genuineness,
falsification and legal effect of any demands and other documents, instruments and other papers
relating to the Loan even if such documents, should prove to be in any or all respects invalid,
insufficient, fraudulent or forged; (b) the general and particular conditions stipulated therein; (c)
the good faith acts of any Person whosoever in connection therewith; (d) failure of any Person
(other than the Bank, subject to the terms and conditions hereof) to comply with the terms of the
Loan; (e) errors, omissions, interruptions or delays in transmission or delivery of any messages,
by mail, cable, telex, telegraph, wireless or otherwise, whether or not they be in code; (f) errors in
translation or errors in interpretation of technical terms; (g) for any other consequences arising
from causes beyond the Bank’s control; or (h) any use of which may be made of the proceeds of
the Loan, except to the extent of any direct, as opposed to indirect, consequential, or special
damages suffered by the Enterprise which direct damages are proven by the Enterprise to be caused
by the Bank’s willful or grossly negligent failure to make lawful payment under the Loan.
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Section 8.14. No Waiver; Modifications in Writing. No failure or delay on the part of
the Bank in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any such right, power or remedy preclude any other right,
power or remedy. The remedies provided for herein are cumulative and are not exclusive of any
remedies that may be available to the Bank at law or in equity or otherwise. No amendment,
modification, supplement, termination or waiver of or to any provision of this Agreement, nor
consent to any departure by the Enterprise therefrom, shall be effective unless the same shall be in
writing and signed by or on behalf of the Bank and the Enterprise. Any amendment, modification
or supplement of or to any provision of this Agreement, and any consent to any departure by the
Enterprise from the terms of any provision of this Agreement, shall be effective only in the specific
instance and for the specific purpose for which made or given. No notice to or demand on the
Enterprise in any case shall entitle the Enterprise to any other or further notice or demand in similar
or other circumstances or constitute a waiver of the right of the Bank to any other or further action
in any circumstances without notice or demand.
Section 8.15. Payment on Non-Business Days. Whenever any payment hereunder shall
be stated to be due on a day which is not a Business Day, such payment may be made on the next
succeeding Business Day.
Section 8.16. Execution in Counterparts; Electronic Storage. This Agreement may be
executed in counterparts, each of which when so executed and delivered shall be deemed to be an
original and all of which counterparts, taken together, shall constitute but one and the same
Agreement. The parties hereto agree that the transactions described herein may be conducted and
related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic
files and other reproductions of original executed documents shall be deemed to be authentic and
valid counterparts of such original documents for all purposes, including the filing of any claim,
action or suit in the appropriate court of law.
Section 8.17. Severability. Any provision of this Agreement which is prohibited,
unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to
the extent of such prohibition, unenforceability or nonauthorization without invalidating the
remaining provisions hereof or affecting the validity, enforceability or legality of such provision
in any other jurisdiction.
Section 8.18. Headings. Article and Section headings used in this Agreement are for
convenience of reference only and shall not affect the construction of this Agreement.
Section 8.19. Waiver of Rules of Construction. The Enterprise hereby waives any and
all provisions of law to the effect that an ambiguity in a contract or agreement should be interpreted
against the party responsible for its drafting.
Section 8.20. Integration. This Agreement is intended to be the final agreement between
the parties hereto relating to the subject matter hereof and this Agreement and any agreement,
document or instrument attached hereto or referred to herein shall supersede all oral negotiations
and prior writings with respect to the subject matter hereof.
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Section 8.21. Termination of Agreement. At such time as all amounts due to the Bank
have been duly paid, or provided for, this Agreement shall terminate.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
set forth above.
U.S. BANK NATIONAL ASSOCIATION, a
national banking association
By _______________________________________
Name _____________________________________
Title ______________________________________
CITY OF FORT COLLINS, COLORADO,
ELECTRIC UTILITY ENTERPRISE, an
enterprise of the City of Fort Collins, Colorado
By _______________________________________
President
[SEAL]
Attest:
By
Secretary
[Signature Page to Loan Agreement]
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EXHIBIT A
FORM OF 2019 NOTE
THIS NOTE MAY NOT BE SOLD TRANSFERRED OR OTHERWISE DISPOSED OF
WITHOUT THE CONSENT OF THE ENTERPRISE.
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE
2019 TAXABLE SUBORDINATE LIEN REVENUE NOTE
IN THE AGGREGATE PRINCIPAL AMOUNT OF
NOT TO EXCEED $2,500,000
Advances Not to Exceed US $2,500,000 __________, 2019
FOR VALUE RECEIVED, CITY OF FORT COLLINS, COLORADO, ELECTRIC
UTILITY ENTERPRISE, an enterprise of the City of Fort Collins, Colorado, (hereinafter referred
to as “Maker”), promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a
national banking association, its successors and assigns (hereinafter referred to as “Payee”), at the
office of Payee or its agent, designee, or assignee at ___________________ or at such place as
Payee or its agent, designee, or assignee may from time to time designate in writing, all Advances
made in an amount not to exceed the principal sum of TWO MILLION FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS (US $2,500,000) (this “Note”) pursuant to the terms of
the Loan Agreement dated of even date herewith by and between Maker and Payee (the “Loan
Agreement”), in lawful money of the United States of America.
This Note shall bear interest, be payable, and mature pursuant to the terms and provisions
of the Loan Agreement. All capitalized terms used and not otherwise defined herein shall have
the respective meanings ascribed in the Loan Agreement.
All amounts due under this Note shall be payable and collectible solely out of the Net
Pledged Revenues, which revenues are hereby so pledged which pledge is in all respects
subordinate to the pledge and lien thereon of the Senior Debt at any time outstanding. The Bank
may not look to any general or other fund for the payment of such amounts; this Note shall not
constitute a debt or indebtedness within the meaning of any constitutional, charter, or statutory
provision or limitation; and this Note shall not be considered or held to be general obligations of
the Enterprise or the City but shall constitute a special obligation of the Enterprise. No statutory
or constitutional provision enacted after the execution and delivery of the Note shall in any manner
be construed as limiting or impairing the obligation of the Enterprise to comply with the provisions
of this Note. None of the covenants, agreements, representations and warranties contained herein
or in this Note shall ever impose or shall be construed as imposing any liability, obligation or
charge against the Enterprise or the City (except the Net Pledged Revenues and the special funds
pledged therefor), or against its general credit, or as payable out of its general fund or out of any
funds derived from taxation or out of any other revenue source (other than those pledged therefor).
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The payment of the amounts due under this Note is not secured by an encumbrance, mortgage or
other pledge of property of the City or the Enterprise, except for the Net Pledged Revenues. No
property of the City or the Enterprise, subject to such exception, shall be liable to be forfeited or
taken in payment of such amounts.
Amounts received by Payee under this Note shall be applied in the manner provided by the
Loan Agreement. All amounts due under this Note shall be payable without setoff, counterclaim
or any other deduction whatsoever by Maker.
Unless payments are made in the required amount in immediately available funds in
accordance with the provisions of the Loan Agreement, remittances in payment of all or any part
of the amounts due and payable hereunder shall not, regardless of any receipt or credit issued
therefor, constitute payment until the required amount is actually received by Payee in funds
immediately available at the place where this Note is payable (or any other place as Payee, in
Payee’s sole discretion, may have established by delivery of written notice thereof to Maker) and
shall be made and accepted subject to the condition that any check or draft may be handled for
collection in accordance with the practice of the collecting bank or banks. Acceptance by Payee
of any payment in an amount less than the amount then due shall be deemed an acceptance on
account only and any unpaid amounts shall remain due hereunder, all as more particularly provided
in the Loan Agreement.
In the event of nonpayment of this Note, Payee shall be entitled to all remedies under the
Loan Agreement and at law or in equity, and all remedies shall be cumulative.
It is expressly stipulated and agreed to be the intent of Maker and Payee at all times to
comply with applicable state law and applicable United States federal law. If the applicable law
(state or federal) is ever judicially interpreted so as to render usurious any amount called for under
this Note or under the Loan Agreement, or contracted for, charged, taken, reserved or received
with respect to the indebtedness evidenced by this Note, then it is Maker’s and Payee’s express
intent that all excess amounts theretofore collected by Payee be credited on the principal balance
of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the
provisions of this Note shall immediately be deemed reformed and the amounts thereafter
collectible hereunder and thereunder reduced, without the necessity of the execution of any new
document, so as to comply with the applicable law, but so as to permit the recovery of the fullest
amount otherwise called for hereunder and under the Loan Agreement. All sums paid or agreed
to be paid to Payee for the use, forbearance and detention of the indebtedness evidenced hereby
and by the Loan Agreement shall, to the extent permitted by applicable law, be amortized, prorated,
allocated and spread throughout the full term of such indebtedness until payment in full so that the
rate or amount of interest on account of such indebtedness does not exceed the maximum rate
permitted under applicable law from time to time in effect and applicable to the indebtedness
evidenced hereby for so long as such indebtedness remains outstanding.
Maker and any endorsers, sureties or guarantors hereof jointly and severally waive
presentment and demand for payment, protest and notice of protest and nonpayment, all applicable
exemption rights, valuation and appraisement, notice of demand, and all other notices in
connection with the delivery, acceptance, performance, default or enforcement of the payment of
this Note and the bringing of suit and diligence in taking any action to collect any sums owing
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hereunder or in proceeding against any of the rights and collateral securing payment hereof. Maker
and any surety, endorser or guarantor hereof agree (a) that the time for any payments hereunder
may be extended from time to time without notice and consent; (b) to the acceptance of further
collateral; (c) to the release of any existing collateral for the payment of this Note; (d) to any and
all renewals, waivers or modifications that may be granted by Payee with respect to the payment
or other provisions of this Note; and/or (e) that additional makers, endorsers, guarantors or sureties
may become parties hereto all without notice to them and without in any manner affecting their
liability under or with respect to this Note. No extension of time for the payment of this Note shall
affect the liability of Maker under this Note or any endorser or guarantor hereof even though Maker
or such endorser or guarantor is not a party to such agreement.
Failure of Payee to exercise any of the options granted herein to Payee upon the happening
of one or more of the events giving rise to such options shall not constitute a waiver of the right to
exercise the same or any other option at any subsequent time in respect to the same or any other
event. The acceptance by Payee of any payment hereunder that is less than payment in full of all
amounts due and payable at the time of such payment shall not constitute a waiver of the right to
exercise any of the options granted herein or in the Loan Agreement to Payee at that time or at any
subsequent time or nullify any prior exercise of any such option without the express written
acknowledgment of Payee.
Maker (and the undersigned representative of Maker, if any) represents that Maker has full
power, authority and legal right to execute, deliver and perform its obligations pursuant to this
Note and this Note constitutes the legal, valid and binding obligation of Maker.
All notices or other communications required or permitted to be given hereunder shall be
given in the manner and be effective as specified in the Loan Agreement, directed to the parties at
their respective addresses as provided therein.
This Note is governed by and interpreted in accordance with the internal laws of the State
of Colorado, except to the extent superseded by federal law. Invalidity of any provisions of this
Note will not affect any other provision.
Pursuant to Section 11-57-210 of the Colorado Revised Statutes, as amended, this Note is
entered into pursuant to and under the authority of the Supplemental Public Securities Act, being
Title 11, Article 57, of the Colorado Revised Statutes, as amended. Such recital shall be conclusive
evidence of the validity and the regularity of the issuance of this Note after delivery for value and
shall conclusively impart full compliance with all provisions and limitations of said statutes, and
this Note shall be incontestable for any cause whatsoever after delivery for value.
By acceptance of this instrument, the Payee agrees and consents to all of the limitations in
respect of the payment of the principal of and interest on this Note contained herein, in the
Authorizing Ordinance of the Maker authorizing the issuance of this Note and in the Agreement,
as the same may be amended from time to time.
TO THE EXTENT PERMITTED BY LAW, MAKER HEREBY CONSENTS TO THE
EXCLUSIVE JURISDICTION OF ANY STATE COURT SITUATED IN LARIMER COUNTY,
COLORADO, AND WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS,
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WITH REGARD TO ANY ACTIONS, CLAIMS, DISPUTES OR PROCEEDINGS RELATING
TO THIS NOTE, THE LOAN AGREEMENT, THE NET PLEDGED REVENUES, ANY
OTHER FINANCING DOCUMENT, OR ANY TRANSACTIONS ARISING THEREFROM,
OR ENFORCEMENT AND/OR INTERPRETATION OF ANY OF THE FOREGOING.
TO THE EXTENT PERMITTED BY LAW, MAKER HEREBY WAIVES ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS
NOTE, THE LOAN AGREEMENT, OR ANY OF THE OTHER FINANCING DOCUMENTS,
THE OBLIGATIONS THEREUNDER, ANY COLLATERAL SECURING THE
OBLIGATIONS, OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED
THERETO. MAKER REPRESENTS TO PAYEE THAT THIS WAIVER IS KNOWINGLY,
WILLINGLY AND VOLUNTARILY GIVEN.
THE PROVISIONS OF THIS NOTE MAY BE AMENDED OR REVISED ONLY BY
AN INSTRUMENT IN WRITING SIGNED BY MAKER AND PAYEE. THERE ARE NO
ORAL AGREEMENTS BETWEEN MAKER AND PAYEE WITH RESPECT TO THE
SUBJECT MATTER HEREOF.
IN WITNESS WHEREOF, an authorized representative of City of Fort Collins, Colorado,
Electric Utility Enterprise, as Maker, has executed this Note as of the day and year first above
written.
CITY OF FORT COLLINS, COLORADO,
ELECTRIC UTILITY ENTERPRISE
By
President
[SEAL]
Attest:
By
Secretary
1
Packet Pg. 49
Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
B‐1
EXHIBIT B
FORM OF ADVANCE REQUEST
City of Fort Collins, Colorado, Electric Utility Enterprise
Loan Agreement
The undersigned certifies that he/she is an Authorized Person under that certain Loan
Agreement dated as of [Closing Date], 2019 (the “Agreement”) by and between City of Fort
Collins, Colorado, Electric Utility Enterprise and U.S. Bank National Association (the “Bank”).
All capitalized terms used in this Advance Request (“Advance Request”) shall have the respective
meanings assigned in the Agreement.
The undersigned Authorized Person hereby makes a request to the Bank for an Advance
on the Loan, and in support thereof states:
(i) The amount of the Advance so requested is $___________.
(ii) Upon the funding of such Advance, the sum of all Advances will not exceed the
Maximum Advance Amount of the Loan.
(iii) At the time the requested Advance is to be made and as a result thereof, immediately
thereafter, all representations and warranties of the Enterprise set forth in Article IV of the Loan
Agreement are true and correct as though made on the date hereof and will be true and correct as
though made on the Advance Date and no Event of Default shall have occurred and be continuing
on the date hereof and on the Advance Date and no litigation is currently pending or threatened
concerning the Enterprise’s authority to pledge the Net Pledged Revenues as provided in the Loan
Agreement.
(iv) The outstanding Senior Debt is rated in one of its four highest rating categories by
a national recognized organization which regularly rates obligations such as the Senior Debt
(v) The requested Advance shall be made by the Bank by ACH batch transfer to the
Enterprise in accordance with the instructions set forth below:
[Insert wire instructions]
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________,
20__.
1
Packet Pg. 50
Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
C‐1
CITY OF FORT COLLINS, COLORADO,
ELECTRIC UTILITY ENTERPRISE
By
Authorized Person
1
Packet Pg. 51
Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
C‐1
EXHIBIT C
FORM OF CONVERSION NOTICE
City of Fort Collins, Colorado, Electric Utility Enterprise
Loan Agreement
The undersigned certifies that he/she is an Authorized Person under that certain Loan
Agreement dated as of [Closing Date], 2019 (the “Agreement”) by and between City of Fort
Collins, Colorado, Electric Utility Enterprise and U.S. Bank National Association (the “Bank”).
All capitalized terms used in this Conversion Notice have the respective meanings assigned in the
Agreement.
You are hereby notified that the Enterprise has elected to convert the followings Advances
to a Term Loan effective as of the ____ and maturing on __________, 20__ (which date is not
later than the 8th anniversary of the Closing Date):
Advance Date Outstanding Principal Amount
2. No Event of Default has occurred and is continuing under the Agreement.
3. All representations and certifications of Enterprise in the Agreement are true and correct as of
the date hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________, 20__.
CITY OF FORT COLLINS, COLORADO,
ELECTRIC UTILITY ENTERPRISE
By
Authorized Person
48835181.v4
1
Packet Pg. 52
Attachment: Exhibit A (8480 : EUE-SR 008 Epic Loans ORD SR CHGS)
Conservation
Lisa Rosintoski Customer
Connections, Deputy
Utilities Director
lrosintoski@fcgov.co
m
(970) 416-2432
Water Supply and
Quality
Carol Webb Water Resource and
Treatment
Operations, Deputy
Utilities Director
cwebb@fcgov.com (970) 221-6231
1
Packet Pg. 216
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
Light and Power,
Deputy Utilities
Director Energy
Services, Senior
Manager
tmccollough@fcgov.c
om
jphelan@fcgov.com
(970) 416-2622 (970)
416-2539
1
Packet Pg. 215
Attachment: Exhibit A (8479 : 2020 Legislative Policy RESO)
Cache la Poudre
River Issues
John Stokes Natural Areas
Director
jstokes@fcgov.com (970) 221-6263
Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341
Planning and Land
Use
Tom Leeson Community
Development and
Neighborhood
Services Director
tleeson@fcgov.com (970) 221-6287
Public Safety Greg Yeager Deputy Chief of
Police
gyeager@fcgov.com (970) 416-2185
Recycling and
Solid Waste
Susie Gordon Environmental
Program Manager
sgordon@fcgov.com (970) 221-6265
Risk Management Safety, Security, and
Risk Management
Director
(970) 221-6774
10.1
Packet Pg. 183
Attachment: 2020 Legislaitve Policy Agenda (redlined to show changes) (8482 : 2020 Legislative Policy)
9735119005
9725312004
9726425001
9735150001
9735150002
9736232001
9726433002
9735156001
9736234001
9726434001
9726434002
9725327001
9736248001
9736249003
9726439001
9725331010
9725330015
9725330002
9725330003
9725330009
9725330010
9725330012
9725330016 9725330014 9725330013
9725330017
9725333003
9725332011
9725332018
9725332019
Midtown Business
Improvement District (BID)
Parcel with College Frontage
Parcel with Foothills Pkwy Frontage
/
CITY OF FORT COLLINS
GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS
These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes
only, and were not designed or intended for general use by members of the public. The City makes no representation
or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying
dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF
FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR
PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE
UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL
FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless
from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's
having made this information available. Independent verification of all data contained herein should be obtained by
any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage,
loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use
thereof by any person or entity.
ATTACHMENT 1
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1
Packet Pg. 128
Attachment: Exhibits A-E (8282 : Stormwater Easement Conveyance - Grahams ORD)
BIWEEKLY
MONTHLY
ANNUAL
5.00 OT2
$1,363.31 $1,704.19 $2,045.04
$2,953.83 $3,692.42
$35,446.00 $44,309.00 $53,171.00
$4,430.92
BIWEEKLY
MONTHLY
ANNUAL
Page 17 of 17
1
Packet Pg. 113
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
$8,068.33
BIWEEKLY
MONTHLY
ANNUAL
3.00 P2
$1,966.19 $2,621.58 $3,277.00
$4,260.08 $5,680.08
$51,121.00 $68,161.00 $85,202.00
$7,100.17
BIWEEKLY
MONTHLY
ANNUAL
4.00 P1
$1,730.23 $2,307.00 $2,883.77
$3,748.83 $4,998.50
$44,986.00 $59,982.00 $74,978.00
$6,248.17
BIWEEKLY
MONTHLY
ANNUAL
Page 16 of 17
1
Packet Pg. 112
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
BIWEEKLY
MONTHLY
ANNUAL
Page 15 of 17
1
Packet Pg. 111
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
$8,755.00
BIWEEKLY
MONTHLY
ANNUAL
3.00 P2
$2,133.54 $2,844.69 $3,555.88
$4,622.67 $6,163.50
$55,472.00 $73,962.00 $92,453.00
$7,704.42
BIWEEKLY
MONTHLY
ANNUAL
4.00 P1
$1,877.50 $2,503.35 $3,129.19
$4,067.92 $5,423.92
$48,815.00 $65,087.00 $81,359.00
$6,779.92
BIWEEKLY
MONTHLY
ANNUAL
Page 14 of 17
1
Packet Pg. 110
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
$10,603.00
BIWEEKLY
MONTHLY
ANNUAL
3.00 P2
$2,583.88 $3,445.15 $4,306.42
$5,598.42 $7,464.50
$67,181.00 $89,574.00 $111,967.00
$9,330.58
BIWEEKLY
MONTHLY
ANNUAL
4.00 P1
$2,273.81 $3,031.73 $3,789.69
$4,926.58 $6,568.75
$59,119.00 $78,825.00 $98,532.00
$8,211.00
BIWEEKLY
MONTHLY
ANNUAL
6.00 ADMINISTRATIVE
MINIMUM MIDPOINT MAXIMUM
1.00 A6
$2,077.46 $2,596.85 $3,116.23
$4,501.17 $5,626.50
$54,014.00 $67,518.00 $81,022.00
$6,751.83
BIWEEKLY
MONTHLY
ANNUAL
2.00 A5
$1,888.62 $2,360.77 $2,832.92
$4,092.00 $5,115.00
$49,104.00 $61,380.00 $73,656.00
$6,138.00
BIWEEKLY
MONTHLY
ANNUAL
3.00 A4
$1,716.92 $2,146.15 $2,575.38
$3,720.00 $4,650.00
$44,640.00 $55,800.00 $66,960.00
$5,580.00
BIWEEKLY
MONTHLY
ANNUAL
Page 12 of 17
1
Packet Pg. 108
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
$6,068.33
BIWEEKLY
MONTHLY
ANNUAL
Page 10 of 17
1
Packet Pg. 106
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
BIWEEKLY
MONTHLY
ANNUAL
3.00 OT4
$1,747.12 $2,183.88 $2,620.65
$3,785.42 $4,731.75
$45,425.00 $56,781.00 $68,137.00
$5,678.08
BIWEEKLY
MONTHLY
ANNUAL
4.00 OT3
$1,572.38 $1,965.50 $2,358.58
$3,406.83 $4,258.58
$40,882.00 $51,103.00 $61,323.00
$5,110.25
BIWEEKLY
MONTHLY
ANNUAL
5.00 OT2
$1,415.15 $1,768.96 $2,122.73
$3,066.17 $3,832.75
$36,794.00 $45,993.00 $55,191.00
$4,599.25
BIWEEKLY
MONTHLY
ANNUAL
6.00 OT1
$1,273.65 $1,592.04 $1,910.46
$2,759.58 $3,449.42
$33,115.00 $41,393.00 $49,672.00
$4,139.33
BIWEEKLY
MONTHLY
ANNUAL
Page 9 of 17
1
Packet Pg. 105
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
$7,248.67
BIWEEKLY
MONTHLY
ANNUAL
4.00 P1
$1,766.46 $2,355.23 $2,944.08
$3,827.33 $5,103.00
$45,928.00 $61,236.00 $76,546.00
$6,378.83
BIWEEKLY
MONTHLY
ANNUAL
Page 8 of 17
1
Packet Pg. 104
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Technician II, Maintenance OT4 OPERATIONS PLANT OPERATIONS 2
Technician II, Natural Areas OT4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Technician II, Network Engr A4 TECHNOLOGY NETWORK 3
Technician II, Police Records A4 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Technician II, Sciences A4 SCIENCES & ENGINEERING SCIENCES 3
Technician II, Traffic Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3
1
Packet Pg. 102
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Sr Supervisor, Information Svc S2 PROTECTIVE SERVICES PROCESSING SUPPORT 5
Sr Supervisor, Maintenance S2 OPERATIONS PLANT OPERATIONS 2
Sr Supervisor, Marketing S2 MARKETING & CREATIVE SERVICES MARKETING 4
Sr Supervisor, Mechanical Engr S2 SCIENCES & ENGINEERING ENGINEERING 3
Sr Supervisor, Natural Areas S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Sr Supervisor, Neighbrhood Svc S2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1
1
Packet Pg. 101
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Sr Inspector, Code Compliance OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Sr Inspector, Compliance OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Sr Inspector, Construction OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Sr Inspector, Zoning OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1
Sr Legal Assistant A4 LEGAL LEGAL 4
Sr Locator, Elec Dist Field Op OT4 OPERATIONS ELECTRIC UTILITIES 2
1
Packet Pg. 100
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Planner, Transit P2 PLANNING TRANSPORTATION PLANNING 1
Planner, Transportation P2 PLANNING TRANSPORTATION PLANNING 1
Plans Examiner A6 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1
Police Assistant Chief M3 PROTECTIVE SERVICES POLICE ADMINISTRATION 5
Police Corporal S1 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C
Police Lieutenant M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C
1
Packet Pg. 99
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
Lead Specialist, Forestry P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Lead Specialist, Marketing P3 MARKETING & CREATIVE SERVICES MARKETING 4
Lead Specialist, Natural Areas P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1
Lead Specialist, Occptnl Hlth P3 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4
Lead Specialist, Safety P3 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4
Lead Specialist, Sciences P3 SCIENCES & ENGINEERING SCIENCES 3
1
Packet Pg. 98
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)
1
Packet Pg. 97
Attachment: Exhibit A (8499 : 2020 Pay Plan ORD)